AB133-SSA1, s. 1452 23Section 1452. 49.496 (3) (a) 1. of the statutes is amended to read:
AB133-SSA1,730,224 49.496 (3) (a) 1. The amount of medical assistance paid on behalf of the
25recipient while the recipient resided in a nursing home or while the recipient was an

1inpatient in a medical institution hospital and was required to contribute to the cost
2of care.
AB133-SSA1, s. 1453 3Section 1453. 49.496 (3) (a) 2. a. of the statutes is amended to read:
AB133-SSA1,730,64 49.496 (3) (a) 2. a. Home-based or community-based services under 42 USC
51396d
(a) (7) and (8) and under any waiver granted under 42 USC 1396n (c) (4) (B)
6or 42 USC 1396u.
AB133-SSA1, s. 1454 7Section 1454. 49.496 (3) (a) 2. d. of the statutes is created to read:
AB133-SSA1,730,88 49.496 (3) (a) 2. d. Personal care services under s. 49.46 (2) (b) 6. j.
AB133-SSA1, s. 1455 9Section 1455. 49.496 (3) (am) (intro.) of the statutes is amended to read:
AB133-SSA1,730,1310 49.496 (3) (am) (intro.) The court shall reduce the amount of a claim under par.
11(a) by up to $3,000 the amount specified in s. 861.33 (2) if necessary to allow the
12recipient's heirs or the beneficiaries of the recipient's will to retain the following
13personal property:
AB133-SSA1, s. 1456 14Section 1456. 49.496 (3) (am) 3. of the statutes is amended to read:
AB133-SSA1,730,1715 49.496 (3) (am) 3. Other tangible personal property not used in trade,
16agriculture or other business, not to exceed $1,000 in value the amount specified in
17s. 861.33 (1) (a) 4
.
AB133-SSA1, s. 1458 18Section 1458. 49.496 (3) (c) of the statutes is renumbered 49.496 (3) (c) 1. and
19amended to read:
AB133-SSA1,731,220 49.496 (3) (c) 1. If the department's claim is not allowable because of par. (b)
21and the estate includes an interest in a home, the court exercising probate
22jurisdiction shall, in the final judgment or summary findings and order, assign the
23interest in the home subject to a lien in favor of the department for the amount
24described in par. (a). The personal representative or petitioner for summary

1settlement or summary assignment of the estate
shall record the final judgment as
2provided in s. 863.29, 867.01 (3) (h) or 867.02 (2) (h).
AB133-SSA1, s. 1459 3Section 1459. 49.496 (3) (c) 2. of the statutes is created to read:
AB133-SSA1,731,104 49.496 (3) (c) 2. If the department's claim is not allowable because of par. (b),
5the estate includes an interest in a home and the personal representative closes the
6estate by sworn statement under s. 865.16, the personal representative shall
7stipulate in the statement that the home is assigned subject to a lien in favor of the
8department for the amount described in par. (a). The personal representative shall
9record the statement in the same manner as described in s. 863.29, as if the
10statement were a final judgment.
AB133-SSA1, s. 1460 11Section 1460. 49.496 (3) (f) of the statutes is created to read:
AB133-SSA1,731,1312 49.496 (3) (f) The department may contract with or employ an attorney to
13probate estates to recover under this subsection the costs of care.
AB133-SSA1, s. 1460m 14Section 1460m. 49.496 (4) of the statutes is amended to read:
AB133-SSA1,732,315 49.496 (4) Administration. The department may require a county department
16under s. 46.215, 46.22 or 46.23 or the governing body of a federally recognized
17American Indian tribe administering medical assistance to gather and provide the
18department with information needed to recover medical assistance under this
19section. The department shall pay to a county department or tribal governing body
20an amount equal to 5% of the recovery collected by the department relating to a
21beneficiary for whom the county department or tribal governing body made the last
22determination of medical assistance eligibility. A county department or tribal
23governing body may use funds received under this subsection only to pay costs
24incurred under this subsection and, if any amount remains, to pay for improvements
25to functions required under s. 49.33 (2) 49.45 (2) (b) 1. The department may withhold

1payments under this subsection for failure to comply with the department's
2requirements under this subsection. The department shall treat payments made
3under this subsection as costs of administration of the medical assistance program.
AB133-SSA1, s. 1461 4Section 1461. 49.496 (5) of the statutes is amended to read:
AB133-SSA1,732,105 49.496 (5) Use of funds. From the appropriation under s. 20.435 (5) (4) (im),
6the department shall pay the amount of the payments under sub. (4) that is not paid
7from federal funds, shall pay to the federal government the amount of the funds
8recovered under this section equal to the amount of federal funds used to pay the
9benefits recovered under this section and shall spend the remainder of the funds
10recovered under this section for medical assistance benefits under this subchapter.
AB133-SSA1, s. 1462 11Section 1462. 49.499 (intro.) of the statutes, as affected by 1997 Wisconsin Act
1227
, is renumbered 49.499 (1) (intro.).
AB133-SSA1, s. 1463 13Section 1463. 49.499 (1) to (3) of the statutes are renumbered 49.499 (1) (a)
14to (c).
AB133-SSA1, s. 1464 15Section 1464. 49.499 (2m) of the statutes is created to read:
AB133-SSA1,732,1816 49.499 (2m) From the appropriation under s. 20.435 (6) (g), the department
17may distribute funds for innovative projects designed to protect the health and
18property of a resident in a nursing facility, as defined in s. 49.498 (1) (i).
AB133-SSA1, s. 1465 19Section 1465. 49.665 (1) (a) of the statutes is renumbered 49.665 (1) (e) and
20amended to read:
AB133-SSA1,732,2221 49.665 (1) (e) "Custodial parent Parent" has the meaning given in s. 49.141 (1)
22(b) (j).
AB133-SSA1, s. 1466 23Section 1466. 49.665 (1) (b) of the statutes is repealed and recreated to read:
AB133-SSA1,732,2424 49.665 (1) (b) "Child" means a person who is under the age of 19.
AB133-SSA1, s. 1467 25Section 1467. 49.665 (1) (d) of the statutes is amended to read:
AB133-SSA1,733,4
149.665 (1) (d) "Family" means a unit that consists of at least one dependent
2child and his or her custodial parent or parents, all of whom reside in the same
3household
. "Family" includes the spouse of an individual who is a custodial parent
4if the spouse resides in the same household as the individual.
AB133-SSA1, s. 1468 5Section 1468. 49.665 (1) (f) of the statutes is created to read:
AB133-SSA1,733,76 49.665 (1) (f) "State plan" means the state child health plan under 42 USC
71397aa
(b).
AB133-SSA1, s. 1469 8Section 1469. 49.665 (3) of the statutes is amended to read:
AB133-SSA1,733,199 49.665 (3) Administration. The department shall administer a program to
10provide the health services and benefits described in s. 49.46 (2) to families persons
11that meet the eligibility requirements specified in sub. (4). The department shall
12promulgate rules setting forth the application procedures and appeal and grievance
13procedures. The department may promulgate rules limiting access to the program
14under this section to defined enrollment periods. The department may also
15promulgate rules establishing a method by which the department may purchase
16family coverage offered by the employer of a member of an eligible family or by a
17member of a child's household
under circumstances in which the department
18determines that purchasing that coverage would not be more costly than providing
19the coverage under this section.
AB133-SSA1, s. 1470 20Section 1470. 49.665 (4) (a) 1. of the statutes is amended to read:
AB133-SSA1,733,2521 49.665 (4) (a) 1. The family's income does not exceed 185% of the poverty line,
22except as provided in par. (at) and except that a family that is already receiving
23health care coverage under this section may have an income that does not exceed
24200% of the poverty line. The department shall establish by rule the criteria to be
25used to determine income.
AB133-SSA1, s. 1470d
1Section 1470d. 49.665 (4) (a) 3. of the statutes is amended to read:
AB133-SSA1,734,92 49.665 (4) (a) 3. The family has not had access to employer-subsidized health
3care coverage within the time period established by the department by rule, but not
4to exceed 18 months, immediately preceding application for health care coverage
5under this section. The department may establish exceptions to this subdivision
6time period restriction by rule. An individual is not ineligible for health care
7coverage under this section solely because the individual had continuation coverage
8under 42 USC 300bb-1, et seq., at any time prior to applying for health care coverage
9under this section.
AB133-SSA1, s. 1471 10Section 1471. 49.665 (4) (am) of the statutes is created to read:
AB133-SSA1,734,1311 49.665 (4) (am) A child who does not reside with his or her parent is eligible
12for health care coverage under this section if the child meets all of the following
13requirements:
AB133-SSA1,734,1814 1. The child's income does not exceed 185% of the poverty line, except as
15provided in par. (at) and except that a child that is already receiving health care
16coverage under this section may have an income that does not exceed 200% of the
17poverty line. The department shall use the criteria established under par. (a) 1. to
18determine income under this subdivision.
AB133-SSA1,734,1919 2. The child does not have access to employer-subsidized health care coverage.
AB133-SSA1,734,2220 3. The child has not had access to employer-subsidized health care coverage
21within the time period established by the department under par. (a) 3. The
22department may establish exceptions to this subdivision.
AB133-SSA1,734,2523 4. The child meets all other requirements established by the department by
24rule. In establishing other eligibility criteria, the department may not include any
25health condition requirements.
AB133-SSA1, s. 1472
1Section 1472. 49.665 (4) (at) of the statutes is created to read:
AB133-SSA1,735,62 49.665 (4) (at) 1. a. Except as provided in subd. 1. b., the department shall
3establish a lower maximum income level for the initial eligibility determination if
4funding under s. 20.435 (4) (bc), (jz) and (p) is insufficient to accommodate the
5projected enrollment levels for the health care program under this section. The
6adjustment may not be greater than necessary to ensure sufficient funding.
AB133-SSA1,735,137 b. The department may not lower the maximum income level for initial
8eligibility unless the department first submits to the joint committee on finance its
9plans for lowering the maximum income level and the committee approves the plan.
10If, within 14 days after submitting the plan to the joint committee on finance, the
11cochairpersons of the committee do not notify the secretary that the committee has
12scheduled a meeting for the purpose of reviewing the plan, the plan is considered
13approved by the committee.
AB133-SSA1,735,1814 2. If, after the department has established a lower maximum income level
15under subd. 1., projections indicate that funding under s. 20.435 (4) (bc), (jz) and (p)
16is sufficient to raise the level, the department shall, by state plan amendment, raise
17the maximum income level for initial eligibility, but not to exceed 185% of the poverty
18line.
AB133-SSA1,735,2019 3. The department may not adjust the maximum income level of 200% of the
20poverty line for persons already receiving health care coverage under this section.
AB133-SSA1, s. 1473 21Section 1473. 49.665 (4) (b) of the statutes is amended to read:
AB133-SSA1,735,2422 49.665 (4) (b) Notwithstanding fulfillment of the eligibility requirements
23under this subsection, a family no person is not entitled to health care coverage under
24this section.
AB133-SSA1, s. 1474 25Section 1474. 49.665 (4) (c) of the statutes is amended to read:
AB133-SSA1,736,3
149.665 (4) (c) No family person may be denied health care coverage under this
2section solely because of a health condition of that person or of any family member
3of that person.
AB133-SSA1, s. 1475 4Section 1475. 49.665 (5) (a) of the statutes is amended to read:
AB133-SSA1,736,245 49.665 (5) (a) Except as provided in par. pars. (b) and (bm), a family that, or
6child who does not reside with his or her parent, who
receives health care coverage
7under this section shall pay a percentage of the cost of that coverage in accordance
8with a schedule established by the department by rule. If the schedule established
9by the department requires a family, or child who does not reside with his or her
10parent,
to contribute more than 3% of the family's or child's income towards the cost
11of the health care coverage provided under this section, the department shall submit
12the schedule to the joint committee on finance for review and approval of the
13schedule. If the cochairpersons of the joint committee on finance do not notify the
14department within 14 working days after the date of the department's submittal of
15the schedule that the committee has scheduled a meeting to review the schedule, the
16department may implement the schedule. If, within 14 days after the date of the
17department's submittal of the schedule, the cochairpersons of the committee notify
18the department that the committee has scheduled a meeting to review the schedule,
19the department may not require a family, or child who does not reside with his or her
20parent,
to contribute more than 3% of the family's or child's income unless the joint
21committee on finance approves the schedule. The joint committee on finance may not
22approve and the department may not implement a schedule that requires a family
23or child to contribute more than 3.5% of the family's or child's income towards the cost
24of the health care coverage provided under this section.
AB133-SSA1, s. 1476 25Section 1476. 49.665 (5) (b) of the statutes is amended to read:
AB133-SSA1,737,3
149.665 (5) (b) The department may not require a family, or child who does not
2reside with his or her parent,
with an income below 143% 150% of the poverty line
3to contribute to the cost of health care coverage provided under this section.
AB133-SSA1, s. 1476d 4Section 1476d. 49.665 (5) (bm) of the statutes is created to read:
AB133-SSA1,737,95 49.665 (5) (bm) If the federal department of health and human services notifies
6the department of health and family services that Native Americans may not be
7required to contribute to the cost of the health care coverage provided under this
8section, the department of health and family services may not require Native
9Americans to contribute to the cost of health care coverage under this section.
AB133-SSA1, s. 1476f 10Section 1476f. 49.665 (5m) of the statutes is created to read:
AB133-SSA1,737,1611 49.665 (5m) Outreach. The department shall coordinate with the department
12of public instruction to develop, and beginning on October 1, 1999, to implement, an
13outreach mailing targeted at families of children who are enrolled in the federal
14school lunch program under 42 USC 1751, et seq., to inform the families of those
15children about health care coverage under this section and the family's potential
16eligibility for that coverage.
AB133-SSA1, s. 1477 17Section 1477. 49.682 (2) (c) (intro.) of the statutes is amended to read:
AB133-SSA1,737,2118 49.682 (2) (c) (intro.) The court shall reduce the amount of a claim under par.
19(a) by up to $3,000 the amount specified in s. 861.33 (2) if necessary to allow the
20client's heirs or the beneficiaries of the client's will to retain the following personal
21property:
AB133-SSA1, s. 1478 22Section 1478. 49.682 (2) (c) 3. of the statutes is amended to read:
AB133-SSA1,737,2523 49.682 (2) (c) 3. Other tangible personal property not used in trade, agriculture
24or other business, not to exceed $1,000 in value the amount specified in s. 861.33 (1)
25(a) 4
.
AB133-SSA1, s. 1479
1Section 1479. 49.682 (2) (e) of the statutes is renumbered 49.682 (2) (e) 1. and
2amended to read:
AB133-SSA1,738,93 49.682 (2) (e) 1. If the department's claim is not allowable because of par. (d)
4and the estate includes an interest in a home, the court exercising probate
5jurisdiction shall, in the final judgment or summary findings and order, assign the
6interest in the home subject to a lien in favor of the department for the amount
7described in par. (a). The personal representative or petitioner for summary
8settlement or summary assignment of the estate
shall record the final judgment as
9provided in s. 863.29, 867.01 (3) (h) or 867.02 (2) (h).
AB133-SSA1, s. 1480 10Section 1480. 49.682 (2) (e) 2. of the statutes is created to read:
AB133-SSA1,738,1711 49.682 (2) (e) 2. If the department's claim is not allowable because of par. (d),
12the estate includes an interest in a home and the personal representative closes the
13estate by sworn statement under s. 865.16, the personal representative shall
14stipulate in the statement that the home is assigned subject to a lien in favor of the
15department for the amount described in par. (a). The personal representative shall
16record the statement in the same manner as described in s. 863.29, as if the
17statement were a final judgment.
AB133-SSA1, s. 1481 18Section 1481. 49.682 (6) of the statutes is created to read:
AB133-SSA1,738,2019 49.682 (6) The department may contract with or employ an attorney to probate
20estates to recover under this section the costs of care.
AB133-SSA1, s. 1482 21Section 1482. 49.683 (2) of the statutes is amended to read:
AB133-SSA1,738,2322 49.683 (2) Approved costs for medical care under sub. (1) shall be paid from the
23appropriation under s. 20.435 (5) (4) (e).
AB133-SSA1, s. 1483 24Section 1483. 49.687 (2) of the statutes is amended to read:
AB133-SSA1,739,8
149.687 (2) The department shall develop and implement a sliding scale of
2patient liability for kidney disease aid under s. 49.68, cystic fibrosis aid under s.
349.683 and hemophilia treatment under s. 49.685, based on the patient's ability to
4pay for treatment. To ensure that the needs for treatment of patients with lower
5incomes receive priority within the availability of funds under s. 20.435 (5) (4) (e),
6the department shall revise the sliding scale for patient liability by January 1, 1994,
7and shall, every 3 years thereafter by January 1, review and, if necessary, revise the
8sliding scale.
AB133-SSA1, s. 1484 9Section 1484. 49.775 (4) of the statutes is amended to read:
AB133-SSA1,739,1210 49.775 (4) Payment amount. The payment under sub. (2) is $100 $250 per
11month per for one dependent child and $150 per month for each additional dependent
12child.
AB133-SSA1, s. 1486j 13Section 1486j. 49.854 (2) (e) of the statutes is created to read:
AB133-SSA1,739,2014 49.854 (2) (e) Date that support lien docket is operational. The department
15shall publish a notice in the Wisconsin Administrative Register that states the date
16on which the statewide support lien docket is first operational. The department shall
17publish the notice stating the date as soon as possible after the statewide support lien
18docket begins operating or, if the department is able to determine with certainty the
19date on which the statewide support lien docket will begin operating, as soon as
20possible after the department determines that date.
AB133-SSA1, s. 1486k 21Section 1486k. 49.854 (2) (e) of the statutes, as created by 1999 Wisconsin Act
22.... (this act), is repealed.
AB133-SSA1, s. 1487 23Section 1487. 49.855 (7) of the statutes is repealed.
AB133-SSA1, s. 1489 24Section 1489. 49.89 (2) of the statutes is amended to read:
AB133-SSA1,740,15
149.89 (2) Subrogation. The department of health and family services, the
2department of workforce development, a county or an elected tribal governing body
3that provides any public assistance under this chapter or under s. 253.05 as a result
4of the occurrence of an injury, sickness or death that creates a claim or cause of action,
5whether in tort or contract, on the part of a public assistance recipient or beneficiary
6or the estate of a recipient or beneficiary against a 3rd party, including an insurer,
7is subrogated to the rights of the recipient, beneficiary or estate and may make a
8claim or maintain an action or intervene in a claim or action by the recipient,
9beneficiary or estate against the 3rd party. Subrogation under this subsection
10because of the provision of medical assistance under subch. IV constitutes a lien,
11equal to the amount of the medical assistance provided as a result of the injury,
12sickness or death that gave rise to the claim. The lien is on any payment resulting
13from a judgment or settlement that may be due the obligor. A lien under this
14subsection continues until it is released and discharged by the department of health
15and family services.
AB133-SSA1, s. 1490 16Section 1490. 49.89 (3m) (bm) of the statutes is created to read:
AB133-SSA1,740,2217 49.89 (3m) (bm) A person against whom a claim that is subrogated under sub.
18(2) or assigned under sub. (3) is made, or that person's attorney or insurer, shall
19provide notice under par. (c), if that person, attorney or insurer knows, or could
20reasonably determine, that the claimant is a recipient or former recipient of medical
21assistance under subch. IV, or is the estate of a former recipient of medical assistance
22under subch. IV.
AB133-SSA1, s. 1491 23Section 1491. 49.89 (7) (c) of the statutes is amended to read:
AB133-SSA1,741,424 49.89 (7) (c) The incentive payment shall be an amount equal to 15% of the
25amount recovered because of benefits paid under s. 49.19, 49.20, s. 49.20, 1997 stats.,

1and
49.30 or 253.05. The incentive payment shall be taken from the state share of
2the sum recovered, except that the incentive payment for an amount recovered
3because of benefits paid under s. 49.19 shall be considered an administrative cost
4under s. 49.19 for the purpose of claiming federal funding.
AB133-SSA1, s. 1493 5Section 1493. 50.02 (2) (d) of the statutes is created to read:
AB133-SSA1,741,86 50.02 (2) (d) The department shall promulgate rules that prescribe the time
7periods and the methods of providing information specified in ss. 50.033 (2r) and (2s),
850.034 (5m) and (5n), 50.035 (4m) and (4n) and 50.04 (2g) (a) and (2h) (a).
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