Amendment AA8-ASA1-AB100

AB100-ASA1-AA8,166,25 49.46 (1) (a) 11. Any If a waiver under s. 49.665 is granted and in effect, 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 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) If a waiver under s. 49.665 is not granted or in effect, any child not described in 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.

AB100-ASA1-AA8, s. 1956b Section 1956b. 49.46 (1) (a) 12. of the statutes is amended to read:

AB100-ASA1-AA8,167,5 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 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).

AB100-ASA1-AA8, s. 1957b Section 1957b. 49.46 (1) (a) 13. of the statutes is amended to read:

AB100-ASA1-AA8,167,10 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 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).".

AB100-ASA1-AA8,167,11 732. Page 841, line 14: delete that line.

AB100-ASA1-AA8,167,12 733. Page 841, line 15: delete lines 15 to 18 and substitute:

AB100-ASA1-AA8,167,13 " Section 1958c. 49.46 (1) (am) 3. of the statutes is repealed.".

AB100-ASA1-AA8,167,15 734. Page 841, line 25: delete the material beginning with that line and ending with page 842, line 17, and substitute:

AB100-ASA1-AA8,167,16 " Section 1960b. 49.46 (1) (cb) of the statutes is repealed.

AB100-ASA1-AA8, s. 1961b Section 1961b. 49.46 (1) (cg) of the statutes is amended to read:

AB100-ASA1-AA8,168,3 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 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).".

AB100-ASA1-AA8,168,4 735. Page 843, line 3: delete lines 3 to 7 and substitute:

AB100-ASA1-AA8,168,5 " Section 1963b. 49.46 (1) (co) 4. of the statutes is repealed.".

AB100-ASA1-AA8,168,6 736. Page 843, line 10: delete lines 10 to 18 and substitute:

AB100-ASA1-AA8,168,7 " Section 1965m. 49.46 (1) (d) 1. of the statutes is amended to read:

AB100-ASA1-AA8,168,14 49.46 (1) (d) 1. Children who are placed in licensed foster homes or licensed treatment foster homes by the department and who would be eligible for payment of aid to families with dependent children in foster homes or treatment foster homes except that their placement is not made by a county department under s. 46.215, 46.22 or 46.23 will be considered as recipients of aid to families with dependent children. 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).

AB100-ASA1-AA8, s. 1965p Section 1965p. 49.46 (1) (e) 1. of the statutes is renumbered 49.46 (1) (e).

AB100-ASA1-AA8, s. 1966b Section 1966b. 49.46 (1) (e) 2. of the statutes is repealed.".

AB100-ASA1-AA8,168,17 737. Page 843, line 22: after that line insert:

AB100-ASA1-AA8,168,18 " Section 1967d. 49.46 (2) (a) 4. f. of the statutes is amended to read:

AB100-ASA1-AA8,168,20 49.46 (2) (a) 4. f. Family planning services Services and supplies for family planning, as defined in s. 253.07 (1) (a).".

AB100-ASA1-AA8,168,21 738. Page 844, line 9: after that line insert:

AB100-ASA1-AA8,168,22 " Section 1968s. 49.46 (2) (be) of the statutes is amended to read:

AB100-ASA1-AA8,169,2 49.46 (2) (be) Benefits for an individual eligible under sub. (1) (a) 9. are limited to those services under par. (a) or (b) that are related to pregnancy, including postpartum services and family planning services, as defined in s. 253.07 (1) (b), or related to other conditions which may complicate pregnancy.".

AB100-ASA1-AA8,169,3 739. Page 844, line 10: delete lines 10 to 14 and substitute:

AB100-ASA1-AA8,169,4 " Section 1969b. 49.465 (7) of the statutes is repealed.".

AB100-ASA1-AA8,169,5 740. Page 844, line 19: delete lines 19 to 23 and substitute "this section.".

AB100-ASA1-AA8,169,7 741. Page 844, line 24: delete the material beginning with that line and ending with page 845, line 21, and substitute:

AB100-ASA1-AA8,169,8 " Section 1970m. 49.47 (4) (a) (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,169,12 49.47 (4) (a) (intro.) Except as provided in par. (ag), any Any individual who meets the limitations on income and resources under pars. (b) and (c) and who complies with par. (cm) shall be eligible for medical assistance under this section if such individual is:

AB100-ASA1-AA8, s. 1971b Section 1971b. 49.47 (4) (ag) of the statutes is repealed.

AB100-ASA1-AA8, s. 1972b Section 1972b. 49.47 (4) (an) of the statutes is repealed.

AB100-ASA1-AA8, s. 1973b Section 1973b. 49.47 (4) (c) 2. of the statutes is amended to read:

AB100-ASA1-AA8,169,21 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 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.".

AB100-ASA1-AA8,169,22 742. Page 845, line 21: after that line insert:

AB100-ASA1-AA8,169,23 " Section 1973t. 49.47 (6) (a) 7. of the statutes is amended to read:

AB100-ASA1-AA8,170,4 49.47 (6) (a) 7. Beneficiaries eligible under sub. (4) (a) 2. or (am) 1., for services under s. 49.46 (2) (a) and (b) that are related to pregnancy, including postpartum services and family planning services, as defined in s. 253.07 (1) (b), or related to other conditions which may complicate pregnancy.".

AB100-ASA1-AA8,170,5 743. Page 846, line 23: after that line insert:

AB100-ASA1-AA8,170,6 " Section 1980p. 49.665 of the statutes is created to read:

AB100-ASA1-AA8,170,7 49.665 Badger care. (1) Definitions. In this section:

AB100-ASA1-AA8,170,8 (a) "Custodial parent" has the meaning given in s. 49.141 (1) (b).

AB100-ASA1-AA8,170,9 (b) "Dependent child" has the meaning given in s. 49.141 (c).

AB100-ASA1-AA8,170,13 (c) "Employer-subsidized health care coverage" means family coverage under a group health insurance plan offered by an employer for which the employer pays at least 75% of the cost, excluding any deductibles or copayments that may be required under the plan.

AB100-ASA1-AA8,170,14 (d) "Family" means a custodial parent and his or her dependent children.

AB100-ASA1-AA8,171,2 (2) Waiver. The department of health and family services shall request a waiver from the secretary of the federal department of health and human services to permit the department of health and family services to implement, beginning not later than July 1, 1998, or the effective date of the waiver, whichever is later, a health care program under this section. If a waiver that is consistent with all of the provisions of this section is granted and in effect, the department of health and family services shall implement the program under this section. The department of health and family services may not implement the program under this section unless a waiver that is consistent with all of the provisions of this section is granted and in effect. The department of health and family services shall promulgate all rules required under this section no later than 60 days after the receipt of the waiver.

AB100-ASA1-AA8,171,12 (3) Administration. The department shall administer a program to provide the health services and benefits described in s. 49.46 (2) to families that meet the eligibility requirements specified in sub. (4). The department shall promulgate rules setting forth the application procedures and appeal and grievance procedures. The department may promulgate rules limiting access to the program under this section to defined enrollment periods. The department may also promulgate rules establishing a method by which the department may purchase family coverage offered by the employer of a member of an eligible family under circumstances in which the department determines that purchasing that coverage would not be more costly than providing the coverage under this section.

AB100-ASA1-AA8,171,14 (4) Eligibility. (a) A family is eligible for health care coverage under this section if the family meets all of the following requirements:

AB100-ASA1-AA8,171,18 1. The family's income does not exceed 185% of the poverty line, except that a family that is already receiving health care coverage under this section may have an income that does not exceed 200% of the poverty line. The department shall establish by rule the criteria to be used to determine income.

AB100-ASA1-AA8,171,20 2. The family does not have access to employer-subsidized health care coverage.

AB100-ASA1-AA8,171,24 3. The family has not had access to employer-subsidized health care coverage within the time period established by the department by rule, but not to exceed 18 months, immediately preceding application for health care coverage under this section. The department may establish exceptions to this subdivision by rule.

AB100-ASA1-AA8,172,3 4. The family meets all other requirements established by the department by rule. In establishing other eligibility criteria, the department may not include any health condition requirements.

AB100-ASA1-AA8,172,5 (b) Notwithstanding fulfillment of the eligibility requirements under this subsection, a family is not entitled to health care coverage under this section.

AB100-ASA1-AA8,172,7 (c) No family may be denied health care coverage under this section solely because of a health condition of any family member.

AB100-ASA1-AA8,172,22 (5) Liability for cost. (a) Except as provided in par. (b), a family that receives health care coverage under this section shall pay a percentage of the cost of that coverage in accordance with a schedule established by the department by rule. If the schedule established by the department requires a family to contribute more than 3.5% of the family's income towards the cost of the health care coverage provided under this section, the department shall submit the schedule to the joint committee on finance for review and approval of the schedule. If the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the department's submittal of the schedule that the committee has scheduled a meeting to review the schedule, the department may implement the schedule. If, within 14 days after the date of the department's submittal of the schedule, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the schedule, the department may not require a family to contribute more than 3.5% of the family's income unless the joint committee on finance approves the schedule.

AB100-ASA1-AA8,172,25 (b) The department may not require a family with an income below 133% of the poverty line to contribute to the cost of health care coverage provided under this section.

AB100-ASA1-AA8,173,3 (c) The department may establish by rule requirements for wage withholding as a means of collecting the family's share of the cost of the health care coverage under this section.

AB100-ASA1-AA8,173,8 (6) Annual report. Not later than October 1 of each year, the department shall submit a report to the legislature under s. 13.172 (2) that summarizes enrollment in and cost of the health care program under this section and any other information that the department determines is pertinent information regarding the program under this section.".

AB100-ASA1-AA8,173,9 744. Page 848, line 5: after that line insert:

AB100-ASA1-AA8,173,15 "(bm) The custodial parent assigns to the state any right of the custodial parent or of the dependent child to support from any other person. No amount of support that begins to accrue after the individual ceases to receive payments under this section may be considered assigned to the state. Any money received by the department of workforce development under an assignment to the state under this paragraph shall be paid to the custodial parent.".

AB100-ASA1-AA8,173,16 745. Page 856, line 3: substitute "49.149" for "49. 149".

AB100-ASA1-AA8,173,17 746. Page 856, line 6: after that line insert:

AB100-ASA1-AA8,173,18 " Section 2006r. 50.01 (1g) (g) of the statutes is created to read:

AB100-ASA1-AA8,173,22 50.01 (1g) (g) A residential facility in the village of Union Grove that was authorized to operate without a license under a final judgment entered by a court before January 1, 1982, and that continues to comply with the judgment notwithstanding the expiration of the judgment.".

AB100-ASA1-AA8,173,23 747. Page 865, line 6: delete lines 6 to 14.

AB100-ASA1-AA8,173,24 748. Page 865, line 20: delete lines 20 and 21.

AB100-ASA1-AA8,174,1 749. Page 866, line 7: delete "(c)" and substitute "(d)".

AB100-ASA1-AA8,174,2 750. Page 881, line 10: delete lines 10 to 25.

AB100-ASA1-AA8,174,3 751. Page 882, line 1: delete lines 1 and 2 and substitute:

AB100-ASA1-AA8,174,4 " Section 2112b. 51.13 (1) (a) of the statutes is amended to read:

AB100-ASA1-AA8,174,10 51.13 (1) (a) Except as provided in s. 51.45 (2m), the application for voluntary admission of a minor who is under 14 years of age to an approved inpatient treatment facility shall be executed by a parent who has legal custody of the minor or the minor's guardian. Any statement or conduct by a minor under the age of 14 indicating that the minor does not agree to admission to the facility shall be noted on the face of the application and shall be noted in the petition required by sub. (4).

AB100-ASA1-AA8, s. 2112c Section 2112c. 51.13 (1) (b) of the statutes is repealed.

AB100-ASA1-AA8, s. 2112d Section 2112d. 51.13 (1) (d) of the statutes is amended to read:

AB100-ASA1-AA8,174,18 51.13 (1) (d) A minor against whom a petition or statement has been filed under s. 51.15, 51.20 or 51.45 (12) or (13) may be admitted under this section. The court may permit the minor to become a voluntary patient pursuant to this section upon approval by the court of an application executed pursuant to par. (a), (b) or (c), and the judge shall then dismiss the proceedings under s. 51.15, 51.20 or 51.45. If a hearing is held under this subsection, no hearing under sub. (4) is required.

AB100-ASA1-AA8, s. 2112e Section 2112e. 51.13 (1) (e) of the statutes is amended to read:

AB100-ASA1-AA8,175,6 51.13 (1) (e) A minor may be admitted immediately upon the approval of the application executed under par. (a) or (b) by the treatment director of the facility or his or her designee or, in the case of a center for the developmentally disabled, the director of the center or his or her designee, and the director of the appropriate county department under s. 51.42 or 51.437 if such county department is to be responsible for the cost of the minor's therapy and treatment. Approval shall be based upon an informed professional opinion that the minor is in need of psychiatric services or services for developmental disability, alcoholism or drug abuse, that the treatment facility offers inpatient therapy or treatment which is appropriate for the minor's needs and that inpatient care in the facility is the least restrictive therapy or treatment consistent with the minor's needs.

AB100-ASA1-AA8, s. 2112f Section 2112f. 51.13 (2) (a) of the statutes is amended to read:

AB100-ASA1-AA8,175,14 51.13 (2) (a) A minor may be admitted to an inpatient treatment facility without complying with the requirements of this section if the admission does not involve the department or a county department under s. 51.42 or 51.437, or a contract between a treatment facility and the department or between a treatment facility and a county department. The application for voluntary admission of a minor who is 14 years of age or over shall be executed by the minor and a parent who has legal custody of the minor or the minor's guardian.

AB100-ASA1-AA8, s. 2112g Section 2112g. 51.13 (2) (b) of the statutes is repealed.

AB100-ASA1-AA8, s. 2112h Section 2112h. 51.13 (2) (d) of the statutes is repealed.

AB100-ASA1-AA8, s. 2112i Section 2112i. 51.13 (3) (b) of the statutes is repealed.

AB100-ASA1-AA8, s. 2112j Section 2112j. 51.13 (3) (c) of the statutes is amended to read:

AB100-ASA1-AA8,175,22 51.13 (3) (c) A minor under 14 years of age and his or her parent or guardian shall also be informed by the director or his or her designee, both orally and in writing, in easily understandable language, of the minor's right to a hearing to determine continued appropriateness of the admission as provided in sub. (7).

AB100-ASA1-AA8, s. 2112k Section 2112k. 51.13 (3) (e) of the statutes is amended to read:

AB100-ASA1-AA8,176,2 51.13 (3) (e) Writing materials for use in requesting a hearing or discharge under this section shall be made available to minors at all times by every inpatient treatment facility. The staff of each such facility shall assist minors in preparing and submitting requests for discharge or hearing hearings.

AB100-ASA1-AA8, s. 2112L Section 2112L. 51.13 (4) (a) (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,176,11 51.13 (4) (a) (intro.) Within 3 days of after the admission of a minor under sub. (1), or within 3 days of after application for admission of the minor, whichever occurs first, the treatment director of the facility to which the minor is admitted or, in the case of a center for the developmentally disabled, the director of the center, shall file a verified petition for review of the admission in the court assigned to exercise jurisdiction under chs. 48 and 938 in the county in which the facility is located. A copy of the application for admission and of any relevant professional evaluations shall be attached to the petition. The petition shall contain all of the following:

AB100-ASA1-AA8, s. 2112m Section 2112m. 51.13 (4) (c) of the statutes is amended to read:

AB100-ASA1-AA8,176,14 51.13 (4) (c) A copy of the petition shall be provided by the petitioner to the minor and his or her parents or guardian within 5 days of after admission.