Amendment ASA1-AB100

AB100-ASA1,839,18 2. The county, city, town or village in which the individual resides elects to make the services under s. 49.46 (2) (b) 6. fm. available in the county, city, town or village through the medical assistance program.

AB100-ASA1,839,24 (b) A county, city, town or village that elects to make the services under s. 49.46 (2) (b) 6. fm. available shall reimburse a provider of the services for the amount of the allowable charges for those services under the medical assistance program that is not provided by the federal government. The department shall reimburse the provider only for the amount of the allowable charges for those services under the medical assistance program that is provided by the federal government.

AB100-ASA1, s. 1552 Section 1552. 49.46 (1) (a) 1. of the statutes is amended to read:

AB100-ASA1,840,6 49.46 (1) (a) 1. Any person included in the grant of aid to families with dependent children and any person who does not receive such aid solely because of the application of s. 49.19 (11) (a) 7. This If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, this subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100-ASA1, s. 1553 Section 1553. 49.46 (1) (a) 1m. of the statutes is amended to read:

AB100-ASA1,840,14 49.46 (1) (a) 1m. Any pregnant woman who meets the resource and income limits under s. 49.19 (4) (bm) and (es) and whose pregnancy is medically verified. Eligibility continues to the last day of the month in which the 60th day after the last day of the pregnancy falls. This If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, this subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100-ASA1, s. 1554 Section 1554. 49.46 (1) (a) 4m. of the statutes is created to read:

AB100-ASA1,840,16 49.46 (1) (a) 4m. Any child for whom a payment is made under s. 49.775.

AB100-ASA1, s. 1555 Section 1555. 49.46 (1) (a) 6. of the statutes is amended to read:

AB100-ASA1,840,24 49.46 (1) (a) 6. Any person not described in pars. (c) to (e) who is considered, under federal law, to be receiving aid to families with dependent children for the purpose of determining eligibility for medical assistance. This If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, this subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100-ASA1, s. 1556 Section 1556. 49.46 (1) (a) 9. of the statutes is amended to read:

AB100-ASA1,841,6 49.46 (1) (a) 9. Any pregnant woman not described under subd. 1. or 1m. whose family income does not exceed 133% of the poverty line for a family the size of the woman's family. This If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, this subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100-ASA1, s. 1954b Section 1954b. 49.46 (1) (a) 10. of the statutes is repealed.

AB100-ASA1, s. 1557 Section 1557. 49.46 (1) (a) 11. of the statutes is amended to read:

AB100-ASA1,841,15 49.46 (1) (a) 11. Any child not described under subd. 1. who was born after September 30, 1983, who has attained the age of 6 but has not attained the age of 19 and whose family income does not exceed 100% of the poverty line for a family the size of the child's family. This If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, this subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100-ASA1, s. 1955b Section 1955b. 49.46 (1) (a) 11. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1,841,24 49.46 (1) (a) 11. Any child not described under subd. 1. who was born after September 30, 1983, who has attained the age of 6 but has not attained the age of 19 and whose family income does not exceed 100% 200% of the poverty line for a family the size of the child's family. If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, this subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.153 (1m) (a).

AB100-ASA1, s. 1558 Section 1558. 49.46 (1) (a) 12. of the statutes is amended to read:

AB100-ASA1,842,6 49.46 (1) (a) 12. Any child not described under subd. 1. who is under 19 years of age and who meets the resource and income limits under s. 49.19 (4). This If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, this subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100-ASA1, s. 1559 Section 1559. 49.46 (1) (a) 13. of the statutes is amended to read:

AB100-ASA1,842,13 49.46 (1) (a) 13. Any child who is under one year of age, whose mother was determined to be eligible under subd. 9. and who lives with his or her mother. This If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, this subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100-ASA1, s. 1957g Section 1957g. 49.46 (1) (am) 1. b. of the statutes is repealed.

AB100-ASA1, s. 1560 Section 1560. 49.46 (1) (am) 3. of the statutes is amended to read:

AB100-ASA1,842,18 49.46 (1) (am) 3. This If a waiver under s. 49.153 (1m) (a) is granted and in effect, this paragraph does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100-ASA1, s. 1561 Section 1561. 49.46 (1) (c) (intro.) of the statutes is amended to read:

AB100-ASA1,842,24 49.46 (1) (c) (intro.) Except as provided under pars. par. (co) and (cs), a family that becomes ineligible for aid to families with dependent children under s. 49.19 because of increased income from employment or increased hours of employment or because of the expiration of the time during which the disregards under s. 49.19 (5) (a) 4. or 4m. or (am) apply shall receive medical assistance for:

AB100-ASA1, s. 1562 Section 1562. 49.46 (1) (cb) of the statutes is amended to read:

AB100-ASA1,843,4 49.46 (1) (cb) Paragraph If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, par. (c) does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100-ASA1, s. 1563 Section 1563. 49.46 (1) (cg) of the statutes is amended to read:

AB100-ASA1,843,17 49.46 (1) (cg) Except as provided in par. (cs), medical Medical assistance shall be provided to a dependent child, a relative with whom the child is living or the spouse of the relative, if the spouse meets the requirements of s. 49.19 (1) (c) 2. a. or b., for 4 calendar months beginning with the month in which the child, relative or spouse is ineligible for aid to families with dependent children because of the collection or increased collection of maintenance or support, if the child, relative or spouse received aid to families with dependent children in 3 or more of the 6 months immediately preceding the month in which that ineligibility begins. This If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, this paragraph does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100-ASA1, s. 1564 Section 1564. 49.46 (1) (co) 1. of the statutes is amended to read:

AB100-ASA1,844,2 49.46 (1) (co) 1. Except as provided under subd. 2. and par. (cs), medical assistance shall be provided to a family for 12 consecutive calendar months following the month in which the family becomes ineligible for aid to families with dependent children because of increased income from employment, because the family no longer receives the earned income disregard under s. 49.19 (5) (a) 4. or 4m. or (am) due to the expiration of the time limit during which the disregards are applied or because of the application of the monthly employment time eligibility limitation under 45 CFR 233.100 (a) (1) (i).

AB100-ASA1, s. 1565 Section 1565. 49.46 (1) (co) 4. of the statutes is amended to read:

AB100-ASA1,844,7 49.46 (1) (co) 4. This If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, this paragraph does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100-ASA1, s. 1566 Section 1566. 49.46 (1) (cr) of the statutes is repealed.

AB100-ASA1, s. 1567 Section 1567. 49.46 (1) (cs) of the statutes is repealed.

AB100-ASA1, s. 1568 Section 1568. 49.46 (1) (e) 2. of the statutes is amended to read:

AB100-ASA1,844,16 49.46 (1) (e) 2. Beginning If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a), this paragraph does not apply with respect to a person who has income and resources within the limitations of s. 49.19 whether or not the person requests or receives a grant of aid under that section.

AB100-ASA1, s. 1966m Section 1966m. 49.46 (1) (k) 1. of the statutes is repealed.

AB100-ASA1, s. 1966n Section 1966n. 49.46 (1) (k) 2. of the statutes is renumbered 49.46 (1) (k).

AB100-ASA1, s. 1569 Section 1569. 49.46 (2) (a) 4. d. of the statutes is amended to read:

AB100-ASA1,844,22 49.46 (2) (a) 4. d. Home health services, subject to the limitations limitation under s. 49.45 (8) and (8e), or, if a home health agency is unavailable, nursing services, subject to the limitations under s. 49.45 (8e).

AB100-ASA1, s. 1967m Section 1967m. 49.46 (2) (b) 6. fm. of the statutes is created to read:

AB100-ASA1,845,2 49.46 (2) (b) 6. fm. Subject to the limitations under s. 49.45 (45), mental health services and alcohol and other drug abuse services, including services provided by a psychiatrist, to an individual who is 21 years of age or older in the individual's home or in the community.

AB100-ASA1, s. 1570 Section 1570. 49.46 (2) (b) 6. j. of the statutes is amended to read:

AB100-ASA1,845,5 49.46 (2) (b) 6. j. Personal care services, subject to the limitations limitation under s. 49.45 (8e) and (42).

AB100-ASA1, s. 1968m Section 1968m. 49.46 (2) (b) 6. Lm. of the statutes is created to read:

AB100-ASA1,845,9 49.46 (2) (b) 6. Lm. Subject to the limitations under s. 49.45 (30e), psychosocial services, including case management services, provided by the staff of a community-based psychosocial service program.

AB100-ASA1, s. 1571 Section 1571. 49.465 (7) of the statutes is amended to read:

AB100-ASA1,845,14 49.465 (7) This If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, this section does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100-ASA1, s. 1572 Section 1572. 49.47 (1) of the statutes is amended to read:

AB100-ASA1,845,23 49.47 (1) Purpose. Medical assistance as set forth herein shall be provided to persons over 65, if eligible under this section, all disabled children under 18, if eligible under this section, and persons who are blind or disabled , if eligible under this section. Unless a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, medical assistance as set forth herein shall also be provided to all children under 18 who are eligible under this section and, if a child is dependent pursuant to s. 49.19, the relatives enumerated in s. 49.19 with whom the child is living.

AB100-ASA1, s. 1573 Section 1573. 49.47 (4) (ag) of the statutes is amended to read:

AB100-ASA1,846,5 49.47 (4) (ag) No If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.153 (1m) (a), no individual is eligible for medical assistance in a month that the individual is eligible for health care coverage under s. 49.153.

AB100-ASA1, s. 1574 Section 1574. 49.47 (4) (an) of the statutes is amended to read:

AB100-ASA1,846,10 49.47 (4) (an) Paragraph If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, par. (am) does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100-ASA1, s. 1575 Section 1575. 49.47 (4) (c) 2. of the statutes is amended to read:

AB100-ASA1,846,21 49.47 (4) (c) 2. Whenever an applicant has excess income under subd. 1. or par. (am), no certification may be issued until the excess income above the applicable limits has been obligated or expended for medical care or for any other type of remedial care recognized under state law or for personal health insurance premiums or both. No If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, no individual is eligible for medical assistance under this subdivision in a month in which the individual is eligible for health care coverage under s. 49.153 beginning on first day of the 6th month beginning after the date stated in the notice under s. 49.153 (1m) (a).

AB100-ASA1, s. 1576 Section 1576. 49.496 (5) of the statutes is amended to read:

AB100-ASA1,847,3 49.496 (5) Use of funds. From the appropriation under s. 20.435 (1) (5) (im), the department shall pay the amount of the payments under sub. (4) that is not paid from federal funds, shall pay to the federal government the amount of the funds recovered under this section equal to the amount of federal funds used to pay the benefits recovered under this section and shall spend the remainder of the funds recovered under this section for medical assistance benefits under this subchapter

AB100-ASA1, s. 1577 Section 1577. 49.496 (7) of the statutes is created to read:

AB100-ASA1,847,8 49.496 (7) Instalment payments. If a recovery under sub. (3) does not work an undue hardship on the heirs of the estate, and if the heirs wish to satisfy the recovery claim without selling a nonliquid asset that is subject to recovery, the department may establish a reasonable payment schedule subject to reasonable interest.

AB100-ASA1, s. 1578 Section 1578. 49.498 (16) (g) of the statutes is amended to read:

AB100-ASA1,847,17 49.498 (16) (g) All forfeitures, penalty assessments and interest, if any, shall be paid to the department within 10 days of receipt of notice of assessment or, if the forfeiture, penalty assessment and interest, if any, are contested under par. (f), within 10 days of receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order under sub. (19) (b). The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund. The department shall deposit all penalty assessments and interest in the appropriation under s. 20.435 (1) (6) (g).

AB100-ASA1, s. 1579 Section 1579. 49.499 (intro.) of the statutes is amended to read:

AB100-ASA1,847,23 49.499 Nursing facility resident protection. (intro.) From the appropriation under s. 20.435 (1) (6) (g), the department shall contribute to the payment of all of the following, as needed by a resident in a nursing facility, as defined in s. 49.498 (1) (i), that is in violation of s. 49.498 or of a rule promulgated under s. 49.498:

AB100-ASA1, s. 1580 Section 1580. 49.683 (2) of the statutes is amended to read:

AB100-ASA1,848,2 49.683 (2) Approved costs for medical care under sub. (1) shall be paid from the appropriation under s. 20.435 (1) (5) (e).

AB100-ASA1, s. 1581 Section 1581. 49.686 (2) of the statutes is amended to read:

AB100-ASA1,848,7 49.686 (2) Reimbursement. From the appropriation under s. 20.435 (1) (5) (am), the department may reimburse or supplement the reimbursement of the cost of AZT, the drug pentamidine and any drug approved for reimbursement under sub. (4) (c) for an individual who is eligible under sub. (3).

AB100-ASA1, s. 1582 Section 1582. 49.687 (2) of the statutes is amended to read:

AB100-ASA1,848,16 49.687 (2) The department shall develop and implement a sliding scale of patient liability for kidney disease aid under s. 49.68, cystic fibrosis aid under s. 49.683 and hemophilia treatment under s. 49.685, based on the patient's ability to pay for treatment. To ensure that the needs for treatment of patients with lower incomes receive priority within the availability of funds under s. 20.435 (1) (5) (e), the department shall revise the sliding scale for patient liability by January 1, 1994, and shall, every 3 years thereafter by January 1, review and, if necessary, revise the sliding scale.

AB100-ASA1, s. 1583 Section 1583. 49.775 of the statutes is created to read:

AB100-ASA1,848,19 49.775 Payments for the support of children of supplemental security income recipients. (1) Definitions. In this section:

AB100-ASA1,848,20 (a) "Custodial parent" has the meaning given in s. 49.141 (1) (b).

AB100-ASA1,848,21 (b) "Dependent child" has the meaning given in s. 49.141 (1) (c).

AB100-ASA1,848,25 (2) Supplemental payments. Subject to sub. (3), from the appropriations under s. 20.435 (7) (ed) and (ky), the department shall make a monthly payment of $77 to a custodial parent for the support of each dependent child of the custodial parent if all of the following conditions are met:

AB100-ASA1,849,2 (a) The custodial parent is a recipient of supplemental security income under 42 USC 1381 to 1383c or of state supplemental payments under s. 49.77, or both.

AB100-ASA1,849,5 (b) If the dependent child has 2 custodial parents, each custodial parent receives supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77, or both.

AB100-ASA1,849,9 (c) The dependent child of the custodian parent meets the eligibility criteria under the aid to families with dependent children program under s. 49.19 (1) to (19) or would meet the eligibility criteria under s. 49.19 but for the application of s. 49.19 (20).

AB100-ASA1,849,11 (d) The dependent child does not receive supplemental security income under 42 USC 1381 to 1383d.

AB100-ASA1,849,12 (e) The custodial parent meets any of the following conditions:

AB100-ASA1,849,15 1. The custodial parent is ineligible for aid under s. 49.19 solely because he or she receives supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.

AB100-ASA1,849,18 2. The custodial parent is ineligible for a Wisconsin works employment position, as defined under s. 49.141 (1) (r), solely because of the application of s. 49.145 (2) (i).

AB100-ASA1,849,21 (3) Two-parent families. In the case of a dependent child who has 2 custodial parents, the department may not make more than one $77 payment per month for the support of that dependent child.

AB100-ASA1, s. 1989b Section 1989b. 49.855 (1) and (2) of the statutes, as affected by 1997 Wisconsin Act 3, are consolidated, renumbered 49.855 (1) and amended to read:

AB100-ASA1,850,10 49.855 (1) If a person obligated to provide child support, family support or maintenance is delinquent in making court-ordered payments, or owes an outstanding amount that has been ordered by the court for past support, medical expenses or birth expenses, the clerk of circuit court or county support collection designee under s. 59.53 (5m), whichever is appropriate, upon application of the county designee under s. 59.53 (5) or the department of workforce development, shall certify the delinquent payment or outstanding amount to the department of workforce development. (2) At least annually, the department of workforce development revenue and, at least annually, shall provide to the department of revenue the certifications that it receives under sub. (1) and any certifications of delinquencies or outstanding amounts that it receives from another state because the obligor resides in this state.

AB100-ASA1, s. 1991m Section 1991m. 49.855 (3) of the statutes is amended to read:

AB100-ASA1,851,7 49.855 (3) Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93 (3), (6) and (7). When the department of revenue determines that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the obligor that the state intends to reduce any state tax refund or credit due the obligor by the amount the obligor is delinquent under the support or maintenance order, by the outstanding amount for past support, medical expenses or birth expenses under the court order or by the amount due under s. 46.10 (4). The notice shall provide that within 20 days the obligor may request a hearing before the circuit court rendering the order. Within 10 days after receiving a request for hearing under this subsection, the court shall set the matter for hearing. Pending further order by the court or family court commissioner, the clerk of circuit court or county support collection designee under s. 59.07 (97m) 59.53 (5m) is prohibited from disbursing the obligor's state tax refund or credit. The family court commissioner may conduct the hearing. The sole issues at that hearing shall be whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld from a tax refund or credit shall be paid to the obligor or held for future support or maintenance. An obligor may, within 20 days of receiving notice that the amount certified shall be withheld from his or her federal tax refund or credit, request a hearing under this subsection.