AB100-ASA1-AA8,168,148
49.46
(1) (d) 1. Children who are placed in licensed foster homes or licensed
9treatment foster homes by the department and who would be eligible for payment
10of aid to families with dependent children in foster homes or treatment foster homes
11except that their placement is not made by a county department under s. 46.215,
1246.22 or 46.23 will be considered as recipients of aid to families with dependent
13children.
This subdivision does not apply beginning on the first day of the 6th month
14beginning after the date stated in the notice under s. 49.141 (2) (d).
AB100-ASA1-AA8,168,2019
49.46
(2) (a) 4. f.
Family planning services Services and supplies
for family
20planning, as defined in s. 253.07 (1) (a).".
AB100-ASA1-AA8,169,223
49.46
(2) (be) Benefits for an individual eligible under sub. (1) (a) 9. are limited
24to those services under par. (a) or (b) that are related to pregnancy, including
1postpartum
services and family planning services,
as defined in s. 253.07 (1) (b), or
2related to other conditions which may complicate pregnancy.".
AB100-ASA1-AA8,169,129
49.47
(4) (a) (intro.)
Except as provided in par. (ag), any Any individual who
10meets the limitations on income and resources under pars. (b) and (c) and who
11complies with par. (cm) shall be eligible for medical assistance under this section if
12such individual is:
AB100-ASA1-AA8,169,2116
49.47
(4) (c) 2. Whenever an applicant has excess income under subd. 1. or par.
17(am), no certification may be issued until the excess income above the applicable
18limits has been obligated or expended for medical care or for any other type of
19remedial care recognized under state law or for personal health insurance premiums
20or both.
No individual is eligible for medical assistance under this subdivision in a
21month in which the individual is eligible for health care coverage under s. 49.153.".
AB100-ASA1-AA8,170,4
149.47
(6) (a) 7. Beneficiaries eligible under sub. (4) (a) 2. or (am) 1., for services
2under s. 49.46 (2) (a) and (b) that are related to pregnancy, including postpartum
3services and family planning services,
as defined in s. 253.07 (1) (b), or related to
4other conditions which may complicate pregnancy.".
AB100-ASA1-AA8,170,7
749.665 Badger care. (1)
Definitions. In this section:
AB100-ASA1-AA8,170,88
(a) "Custodial parent" has the meaning given in s. 49.141 (1) (b).
AB100-ASA1-AA8,170,99
(b) "Dependent child" has the meaning given in s. 49.141 (c).
AB100-ASA1-AA8,170,1310
(c) "Employer-subsidized health care coverage" means family coverage under
11a group health insurance plan offered by an employer for which the employer pays
12at least 75% of the cost, excluding any deductibles or copayments that may be
13required under the plan.
AB100-ASA1-AA8,170,1414
(d) "Family" means a custodial parent and his or her dependent children.
AB100-ASA1-AA8,171,2
15(2) Waiver. The department of health and family services shall request a
16waiver from the secretary of the federal department of health and human services
17to permit the department of health and family services to implement, beginning not
18later than July 1, 1998, or the effective date of the waiver, whichever is later, a health
19care program under this section. If a waiver that is consistent with all of the
20provisions of this section is granted and in effect, the department of health and family
21services shall implement the program under this section. The department of health
22and family services may not implement the program under this section unless a
23waiver that is consistent with all of the provisions of this section is granted and in
1effect. The department of health and family services shall promulgate all rules
2required under this section no later than 60 days after the receipt of the waiver.
AB100-ASA1-AA8,171,12
3(3) Administration. The department shall administer a program to provide the
4health services and benefits described in s. 49.46 (2) to families that meet the
5eligibility requirements specified in sub. (4). The department shall promulgate rules
6setting forth the application procedures and appeal and grievance procedures. The
7department may promulgate rules limiting access to the program under this section
8to defined enrollment periods. The department may also promulgate rules
9establishing a method by which the department may purchase family coverage
10offered by the employer of a member of an eligible family under circumstances in
11which the department determines that purchasing that coverage would not be more
12costly than providing the coverage under this section.
AB100-ASA1-AA8,171,14
13(4) Eligibility. (a) A family is eligible for health care coverage under this
14section if the family meets all of the following requirements:
AB100-ASA1-AA8,171,1815
1. The family's income does not exceed 185% of the poverty line, except that a
16family that is already receiving health care coverage under this section may have an
17income that does not exceed 200% of the poverty line. The department shall establish
18by rule the criteria to be used to determine income.
AB100-ASA1-AA8,171,2019
2. The family does not have access to employer-subsidized health care
20coverage.
AB100-ASA1-AA8,171,2421
3. The family has not had access to employer-subsidized health care coverage
22within the time period established by the department by rule, but not to exceed 18
23months, immediately preceding application for health care coverage under this
24section. The department may establish exceptions to this subdivision by rule.
AB100-ASA1-AA8,172,3
14. The family meets all other requirements established by the department by
2rule. In establishing other eligibility criteria, the department may not include any
3health condition requirements.
AB100-ASA1-AA8,172,54
(b) Notwithstanding fulfillment of the eligibility requirements under this
5subsection, a family is not entitled to health care coverage under this section.
AB100-ASA1-AA8,172,76
(c) No family may be denied health care coverage under this section solely
7because of a health condition of any family member.
AB100-ASA1-AA8,172,22
8(5) Liability for cost. (a) Except as provided in par. (b), a family that receives
9health care coverage under this section shall pay a percentage of the cost of that
10coverage in accordance with a schedule established by the department by rule. If the
11schedule established by the department requires a family to contribute more than
123.5% of the family's income towards the cost of the health care coverage provided
13under this section, the department shall submit the schedule to the joint committee
14on finance for review and approval of the schedule. If the cochairpersons of the joint
15committee on finance do not notify the department within 14 working days after the
16date of the department's submittal of the schedule that the committee has scheduled
17a meeting to review the schedule, the department may implement the schedule. If,
18within 14 days after the date of the department's submittal of the schedule, the
19cochairpersons of the committee notify the department that the committee has
20scheduled a meeting to review the schedule, the department may not require a family
21to contribute more than 3.5% of the family's income unless the joint committee on
22finance approves the schedule.
AB100-ASA1-AA8,172,2523
(b) The department may not require a family with an income below 133% of the
24poverty line to contribute to the cost of health care coverage provided under this
25section.
AB100-ASA1-AA8,173,3
1(c) The department may establish by rule requirements for wage withholding
2as a means of collecting the family's share of the cost of the health care coverage
3under this section.
AB100-ASA1-AA8,173,8
4(6) Annual report. Not later than October 1 of each year, the department shall
5submit a report to the legislature under s. 13.172 (2) that summarizes enrollment in
6and cost of the health care program under this section and any other information that
7the department determines is pertinent information regarding the program under
8this section.".
AB100-ASA1-AA8,173,15
10"(bm) The custodial parent assigns to the state any right of the custodial parent
11or of the dependent child to support from any other person. No amount of support
12that begins to accrue after the individual ceases to receive payments under this
13section may be considered assigned to the state. Any money received by the
14department of workforce development under an assignment to the state under this
15paragraph shall be paid to the custodial parent.".
AB100-ASA1-AA8,173,2219
50.01
(1g) (g) A residential facility in the village of Union Grove that was
20authorized to operate without a license under a final judgment entered by a court
21before January 1, 1982, and that continues to comply with the judgment
22notwithstanding the expiration of the judgment.".
AB100-ASA1-AA8,174,105
51.13
(1) (a) Except as provided in s. 51.45 (2m), the application for voluntary
6admission of a minor
who is under 14 years of age to an approved inpatient treatment
7facility shall be executed by a parent who has legal custody of the minor or the
8minor's guardian. Any statement or conduct by a minor
under the age of 14 9indicating that the minor does not agree to admission to the facility shall be noted
10on the face of the application and shall be noted in the petition required by sub. (4).
AB100-ASA1-AA8,174,1813
51.13
(1) (d) A minor against whom a petition or statement has been filed under
14s. 51.15, 51.20 or 51.45 (12) or (13) may be admitted under this section. The court
15may permit the minor to become a voluntary patient pursuant to this section upon
16approval by the court of an application executed pursuant to par. (a)
, (b) or (c), and
17the judge shall then dismiss the proceedings under s. 51.15, 51.20 or 51.45. If a
18hearing is held under this subsection, no hearing under sub. (4) is required.
AB100-ASA1-AA8,175,620
51.13
(1) (e) A minor may be admitted immediately upon the approval of the
21application executed under par. (a)
or (b) by the treatment director of the facility or
22his or her designee or, in the case of a center for the developmentally disabled, the
23director of the center or his or her designee, and the director of the appropriate county
24department under s. 51.42 or 51.437 if such county department is to be responsible
1for the cost of the minor's therapy and treatment. Approval shall be based upon an
2informed professional opinion that the minor is in need of psychiatric services or
3services for developmental disability, alcoholism or drug abuse, that the treatment
4facility offers inpatient therapy or treatment which is appropriate for the minor's
5needs and that inpatient care in the facility is the least restrictive therapy or
6treatment consistent with the minor's needs.
AB100-ASA1-AA8,175,148
51.13
(2) (a) A minor may be admitted to an inpatient treatment facility
9without complying with the requirements of this section if the admission does not
10involve the department or a county department under s. 51.42 or 51.437, or a contract
11between a treatment facility and the department or between a treatment facility and
12a county department. The application for voluntary admission of a minor
who is 14
13years of age or over shall be executed by
the minor and a parent who has legal custody
14of the minor or the minor's guardian.
AB100-ASA1-AA8,175,2219
51.13
(3) (c) A minor
under 14 years of age and his or her parent or guardian
20shall also be informed by the director or his or her designee, both orally and in
21writing, in easily understandable language, of the minor's right to a hearing to
22determine continued appropriateness of the admission as provided in sub. (7).
AB100-ASA1-AA8,176,224
51.13
(3) (e) Writing materials for use in requesting a hearing or discharge
25under this section shall be made available to minors at all times by every inpatient
1treatment facility. The staff of each such facility shall assist minors in preparing and
2submitting requests for
discharge or hearing hearings.
AB100-ASA1-AA8,176,114
51.13
(4) (a) (intro.) Within 3 days
of after the admission of a minor under sub.
5(1), or within 3 days
of after application for admission of the minor, whichever occurs
6first, the treatment director of the facility to which the minor is admitted or, in the
7case of a center for the developmentally disabled, the director of the center, shall file
8a verified petition for review of the admission in the court assigned to exercise
9jurisdiction under chs. 48 and 938 in the county in which the facility is located. A
10copy of the application for admission and of any relevant professional evaluations
11shall be attached to the petition. The petition shall contain all of the following:
AB100-ASA1-AA8,176,1413
51.13
(4) (c) A copy of the petition shall be provided by the petitioner to the
14minor and his or her parents or guardian within 5 days
of after admission.
AB100-ASA1-AA8,177,1216
51.13
(4) (d) Within 5 days
of after the filing of the petition, the court assigned
17to exercise jurisdiction under chs. 48 and 938 shall determine, based on the
18allegations of the petition and accompanying documents,
whether the admission is
19voluntary on the part of the minor if the minor is 14 years of age or older and whether
20there is a prima facie showing that the minor is in need of psychiatric services, or
21services for developmental disability, alcoholism or drug abuse, that the treatment
22facility offers inpatient therapy or treatment which is appropriate to the minor's
23needs, and that inpatient care in the treatment facility is the least restrictive therapy
24or treatment consistent with the needs of the minor. If such a showing is made, the
25court shall permit voluntary admission. If the court is unable to make
such those
1determinations based on the petition and accompanying documents,
it shall the
2court may dismiss the petition as provided in par. (h);
or order additional information
3to be produced as
it deems necessary
for the court to make
such review, and make
4such those determinations within 14 days
of after admission or application for
5admission, whichever is sooner; or
it may hold a hearing within 14 days
of after 6admission or application for admission, whichever is sooner. If a notation of the
7minor's unwillingness appears on the face of the petition, or if a hearing has been
8requested by the minor, the minor's counsel, parent or guardian, the court shall hold
9a hearing to review the admission within 14 days
of
after admission or application
10for admission, whichever is sooner, and shall appoint counsel to represent the minor
11if the minor is unrepresented. If the court
deems
considers it necessary,
it the court 12shall also appoint a guardian ad litem to represent the minor.
AB100-ASA1-AA8,178,514
51.13
(4) (g) (intro.) If the court finds that the minor is in need of psychiatric
15services
, or services for developmental disability, alcoholism or drug abuse in an
16inpatient facility
, and that the inpatient facility to which the minor is admitted offers
17therapy or treatment
which that is appropriate for the minor's needs and
which that 18is the least restrictive therapy or treatment consistent with the minor's needs
and, 19in the case of a minor aged 14 or older, the application is voluntary on the part of the
20minor, it, the court shall permit voluntary admission. If the court finds that the
21therapy or treatment in the inpatient facility to which the minor is admitted is not
22appropriate or is not the least restrictive therapy or treatment consistent with the
23minor's needs, the court may order placement in or transfer to another more
24appropriate or less restrictive inpatient facility, except that the court may not permit
25or order placement in or transfer to
the northern or southern centers a center for the
1developmentally disabled of a minor unless the department
gives approval for the
2placement or transfer has authorized that center for the developmentally disabled
3for the placement or transfer of minors generally or for the placement or transfer of
4that minor specifically, and if the order of the court is approved by all of the following
5if applicable:
AB100-ASA1-AA8,178,158
51.13
(6) (a) A minor may be admitted to an inpatient treatment facility
9without review of the application under sub. (4) for diagnosis and evaluation or for
10dental, medical or psychiatric services for a period not to exceed 12 days. The
11application for short-term admission of a minor shall be executed by the minor's
12parent or guardian
, and by the minor if he or she is 14 years of age or older. A minor
13may not be readmitted to an inpatient treatment facility for psychiatric services
14under this paragraph within 120 days
of after a previous admission under this
15paragraph.
AB100-ASA1-AA8,179,1219
51.13
(7) (title)
Continued appropriateness of admission. Any minor
under 14
20years of age who is voluntarily admitted under this section may submit a written
21request to the court for a hearing to determine the continued appropriateness of the
22admission. If the director or staff of the inpatient treatment facility to which a minor
23under the age of 14 is admitted observes conduct by the minor which demonstrates
24an unwillingness to remain at the facility, including
but not limited to a written
25expression of opinion or unauthorized absence, the director shall file a written
1request with the court to determine the continued appropriateness of the admission.
2A request
which that is made personally by a minor under this
paragraph subsection 3shall be signed by the minor but need not be written or composed by him or her. A
4request for a hearing under this
paragraph which
subsection that is received by staff
5or the director of the facility in which the child is admitted shall be filed with the court
6by the director. The court shall order a hearing upon request if no hearing concerning
7the minor's admission has been held within 120 days
of receipt of before the request
8is received. The court shall appoint counsel and, if the court
deems considers it
9necessary, a guardian ad litem to represent the minor
and if. If a hearing is held
, the
10court shall hold the hearing within 14 days
of
after the request, unless the parties
11agree to a longer period. After the hearing, the court shall
make disposition dispose 12of the matter in the manner provided in sub. (4).
AB100-ASA1-AA8,179,1814
51.14
(3) (a)
Either a A minor 14 years of age or older
or his or her parent or
15guardian may petition the mental health review officer in the county in which the
16parent or guardian has residence for a review of a refusal of
either the minor or his
17or her parent or guardian to provide the informed consent for outpatient mental
18health treatment required under s. 51.61 (6).
