AB75-SSA1,615,8
149.45 (25) (bg) An independent living center, as defined in s. 46.96 (1) (ah), that
2is a certified case management provider and satisfies the criteria in s. 46.96 (3m) (a)
31. to 3. and (am)
may elect to provide case management services to one or more of the
4categories of medical assistance beneficiaries specified under par. (am). The amount
5of allowable charges for the services under the medical assistance program that is
6not provided by the federal government shall be paid from nonfederal, public funds
7received by the independent living center from a county, city, village or town or from
8funds distributed as a grant under s. 46.96.
AB75-SSA1, s. 1305r 9Section 1305r. 49.45 (30f) of the statutes is created to read:
AB75-SSA1,615,2310 49.45 (30f) Psychotherapy and alcohol and other drug abuse services. The
11department shall include licensed mental health professionals, as defined in s.
12632.89 (1) (dm), and licensed psychologists, as defined in s. 455.01 (4), as providers
13of psychotherapy and of alcohol and other drug abuse services. Except for services
14provided under sub. (30e), the department may not require that licensed mental
15health professionals or licensed psychologists be supervised; may not require that
16clinical psychotherapy or alcohol and other drug abuse services be provided under
17a certified program; and, notwithstanding subs. (9) and (9m), may not require that
18a physician or other health care provider first prescribe psychotherapy or alcohol and
19other drug abuse services to be provided by a licensed mental health professional or
20licensed psychologist before the professional or psychologist may provide the
21services to the recipient. This subsection does not affect the department's powers
22under ch. 50 or 51 to establish requirements for facilities that are licensed, certified,
23or operated by the department.
AB75-SSA1, s. 1306 24Section 1306. 49.45 (30g) of the statutes is created to read:
AB75-SSA1,616,4
149.45 (30g) Community recovery services. (a) When services are reimbursable.
2Community recovery services under s. 49.46 (2) (b) 6. Lo. provided to an individual
3are reimbursable under the Medical Assistance program only if all of the following
4conditions are met:
AB75-SSA1,616,75 1. An approved amendment to the state medical assistance plan submitted
6under 42 USC 1396n (i) permits reimbursement for the services under s. 49.46 (2)
7(b) 6. Lo. in the manner provided under this subsection.
AB75-SSA1,616,108 2. The county in which the individual resides elects to provide the community
9recovery services under s. 49.46 (2) (b) 6. Lo. through the Medical Assistance
10program.
AB75-SSA1,616,1311 3. The individual, the community recovery services, and the community
12recovery services provider meet any condition set forth in the approved amendment
13to the medical assistance plan submitted under 42 USC 1396n (i).
AB75-SSA1,616,2214 (b) Limit on the amount of reimbursement. If community recovery services are
15reimbursable under par. (a), the department shall reimburse each participating
16county for the portion of the federal share of allowable charges for the community
17recovery services provided by the county that exceeds that county's proportionate
18share of $600,000 in fiscal year 2010-2011 and for 95 percent of the federal share of
19allowable charges for the community recovery services provided by the county in
20each fiscal year thereafter. The portion of the federal share of allowable charges not
21reimbursed to counties shall be transferred to the appropriation account under s.
2220.435 (5) (kx).
AB75-SSA1, s. 1307 23Section 1307. 49.45 (30m) (am) of the statutes is renumbered 49.45 (30m) (am)
241.
AB75-SSA1, s. 1308 25Section 1308. 49.45 (30m) (am) 2. of the statutes is created to read:
AB75-SSA1,617,6
149.45 (30m) (am) 2. For individuals receiving the family care benefit under s.
246.286, the care management organization that manages the family care benefit for
3the recipient shall pay the portion of the payment that is not covered by the federal
4government for services that are described under par. (a) 1. and are covered services
5under the family care benefit; the department shall pay the remainder of the portion
6of the payment that is not covered by the federal government.
AB75-SSA1, s. 1309 7Section 1309. 49.45 (30r) of the statutes is created to read:
AB75-SSA1,617,108 49.45 (30r) Services in a mental health institute. A county shall provide the
9portion of payment that is not provided by the federal government for services under
10s. 49.46 (2) (b) 6. e. in a mental health institute under s. 51.05.
AB75-SSA1, s. 1310 11Section 1310. 49.45 (41) (b) of the statutes is amended to read:
AB75-SSA1,617,2112 49.45 (41) (b) If a county elects to become certified as a provider of mental
13health crisis intervention services, the county may provide mental health crisis
14intervention services under this subsection in the county to medical assistance
15recipients through the medical assistance program. A county that elects to provide
16the services shall pay the amount of the allowable charges for the services under the
17medical assistance program that is not provided by the federal government. The
18From the appropriation account under s. 20.435 (5) (bL), the department shall
19reimburse the county under this subsection only for the amount of the allowable
20charges for those services under the medical assistance program that is provided by
21the federal government.
AB75-SSA1, s. 1311 22Section 1311. 49.45 (42) of the statutes is renumbered 49.45 (42) (d).
AB75-SSA1, s. 1312 23Section 1312. 49.45 (42) (c) of the statutes is created to read:
AB75-SSA1,618,3
149.45 (42) (c) The department may charge a fee to certify a provider of personal
2care services described under par. (d) 3. e. Fees collected under this paragraph shall
3be credited to the appropriation account under s. 20.435 (6) (jm).
AB75-SSA1, s. 1313 4Section 1313. 49.45 (42) (d) 3. of the statutes is created to read:
AB75-SSA1,618,65 49.45 (42) (d) 3. The provider of the personal care services is one of the
6following:
AB75-SSA1,618,87 a. An independent living center meeting the criteria to receive a grant under
8s. 46.96.
AB75-SSA1,618,99 b. A county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437.
AB75-SSA1,618,1110 c. A federally recognized American Indian tribe or band certified to provide
11services to medical assistance beneficiaries.
AB75-SSA1,618,1212 d. A home health agency licensed under s. 50.49.
AB75-SSA1,618,1413 e. Any other entity certified under sub. (2) (a) 11. to provide personal care
14services under s. 49.46 (2) (b) 6. j.
AB75-SSA1, s. 1313k 15Section 1313k. 49.45 (44) of the statutes is amended to read:
AB75-SSA1,619,316 49.45 (44) Prenatal, postpartum and young child care coordination.
17Providers in Milwaukee County that are certified to provide care coordination
18services under s. 49.46 (2) (b) 12. may be certified to provide to medical assistance
19recipients prenatal and postpartum care coordination services and care coordination
20services for children who have not attained the age of 7. Providers in the city of
21Racine that are certified to provide care coordination services under s. 49.46 (2) (b)
2212. and are participating in a program under s. 253.16 may be certified to provide to
23medical assistance recipients prenatal and postpartum care coordination services
24and care coordination services for children who have not attained the age of 2.
A
25provider of those care coordination services shall provide to a person receiving those

1services the information relating to shaken baby syndrome and impacted babies
2required under s. 253.15 (6). The department shall provide reimbursement for those
3care coordination services only if at least one of the following conditions is met:
AB75-SSA1,619,74 (a) The recipient is a resident of Milwaukee County or the city of Racine and
5has received services under s. 49.46 (2) (b) 12. and is pregnant or has given birth
6within 8 weeks after the individual ceased to receive services under s. 49.46 (2) (b)
712.
AB75-SSA1,619,98 (b) The recipient is a resident of Milwaukee County or the city of Racine, is
9pregnant and has received a risk assessment approved by the department.
AB75-SSA1,619,1210 (c) The recipient is a resident of Milwaukee County or the city of Racine, has
11given birth within the 8 weeks immediately preceding the request for services under
12s. 49.46 (2) (b) 12m. and has received a risk assessment approved by the department.
AB75-SSA1, s. 1314 13Section 1314. 49.45 (47) (c) of the statutes is amended to read:
AB75-SSA1,619,1614 49.45 (47) (c) The biennial fee for the certification required under par. (b) of an
15adult day care center is $100 $127. Fees collected under this paragraph shall be
16credited to the appropriation account under s. 20.435 (6) (jm).
AB75-SSA1, s. 1315 17Section 1315. 49.45 (47) (e) of the statutes is created to read:
AB75-SSA1,619,2218 49.45 (47) (e) If the department takes enforcement action against an adult day
19care center for violating a certification requirement established under s. 49.45 (2) (a)
2011., and the department subsequently conducts an on-site inspection of the adult day
21care center to review the adult day care center's action to correct the violation, the
22department may impose a $200 inspection fee on the adult day care center.
AB75-SSA1, s. 1316 23Section 1316. 49.45 (52) of the statutes, as affected by 2009 Wisconsin Act 2,
24is amended to read:
AB75-SSA1,620,12
149.45 (52) Payment adjustments. Beginning on January 1, 2003, the
2department may, from the appropriation account under s. 20.435 (7) (b), make
3Medical Assistance payment adjustments to county departments under s. 46.215,
446.22, 46.23, or 51.42, or 51.437 or to local health departments, as defined in s. 250.01
5(4), as appropriate, for covered services under s. 49.46 (2) (a) 2. and 4. d. and f. and
6(b) 6. b., c., f., fm., g., j., k., L., Lm., and m., 9., 12., 12m., 13., 15., and 16, except for
7services specified under s. 49.46 (2) (b) 6. b. and c. provided to children participating
8in the early intervention program under s. 51.44
. Payment adjustments under this
9subsection shall include the state share of the payments. The total of any payment
10adjustments under this subsection and Medical Assistance payments made from
11appropriation accounts under s. 20.435 (4) (b), (o), and (w), may not exceed applicable
12limitations on payments under 42 USC 1396a (a) (30) (A).
AB75-SSA1, s. 1317 13Section 1317. 49.45 (54) of the statutes is created to read:
AB75-SSA1,620,2514 49.45 (54) Therapy for children participating in the birth to 3 program. (a)
15Federal share for county expenditures. If a county certifies to the department that
16the amount the county expended to provide services specified under s. 49.46 (2) (b)
176. b. and c. to children participating in the early intervention program under s. 51.44
18exceeds the amount the county received as reimbursement under this section, based
19on reimbursement rates established by the department for those services, and the
20federal government pays the state the federal share of Medical Assistance for the
21amount by which the county expenditures exceed the reimbursement, the
22department may disburse the federal share to the county. A county that receives
23moneys under this paragraph shall expend the moneys for early intervention
24services under s. 51.44 or for services under the disabled children's long-term
25support program, as defined in s. 46.011 (1g).
AB75-SSA1,621,12
1(b) Services provided by special educators. If a county provides services to
2assess and promote skill acquisition to children who are participating in the early
3intervention program under s. 51.44 and the services are provided by a special
4educator who is a certified provider of medical assistance, the department shall
5reimburse the county the federal share of medical assistance for the county's
6allowable charges for providing the services. The county shall pay the the remaining
7expenses for the services. The department shall promulgate rules establishing
8certification requirements for special educators who provide service under this
9paragraph, and requirements for county reporting of expenditures for services under
10this paragraph. A county that receives moneys under this paragraph shall expend
11the moneys for early intervention services under s. 51.44 or for services under the
12disabled children's long-term support program, as defined in s. 46.011 (1g).
AB75-SSA1, s. 1318 13Section 1318. 49.46 (1) (a) 5. of the statutes is amended to read:
AB75-SSA1,621,1614 49.46 (1) (a) 5. Any child in an adoption assistance, foster care, treatment foster
15care,
or subsidized guardianship placement under ch. 48 or 938, as determined by
16the department.
AB75-SSA1, s. 1319 17Section 1319. 49.46 (1) (a) 16. of the statutes is repealed.
AB75-SSA1, s. 1320 18Section 1320. 49.46 (1) (d) 1. of the statutes is amended to read:
AB75-SSA1,621,2419 49.46 (1) (d) 1. Children who are placed in licensed foster homes or licensed
20treatment foster homes
by the department and who would be eligible for payment
21of aid to families with dependent children in foster homes or treatment foster homes
22except that their placement is not made by a county department under s. 46.215,
2346.22, or 46.23 will be considered as recipients of aid to families with dependent
24children.
AB75-SSA1, s. 1321 25Section 1321. 49.46 (2) (b) 3. of the statutes is amended to read:
AB75-SSA1,622,6
149.46 (2) (b) 3. Transportation by emergency medical vehicle to obtain
2emergency medical care, transportation by specialized medical vehicle to obtain
3medical care including the unloaded travel of the specialized medical vehicle
4necessary to provide that transportation, or, if authorized in advance by the county
5department under s. 46.215 or 46.22,
transportation by common carrier or private
6motor vehicle to obtain medical care.
AB75-SSA1, s. 1321r 7Section 1321r. 49.46 (2) (b) 6. (intro.) of the statutes is amended to read:
AB75-SSA1,622,98 49.46 (2) (b) 6. (intro.) The following services if that, other than under subd.
96. f., fm., k., and Lr., are
prescribed by a physician:
AB75-SSA1, s. 1322 10Section 1322. 49.46 (2) (b) 6. e. of the statutes is amended to read:
AB75-SSA1,622,1511 49.46 (2) (b) 6. e. Inpatient Subject to the limitation under s. 49.45 (30r),
12inpatient
hospital, skilled nursing facility and intermediate care facility services for
13patients of any institution for mental diseases who are under 21 years of age, are
14under 22 years of age and who were receiving these services immediately prior to
15reaching age 21, or are 65 years of age or older.
AB75-SSA1, s. 1323 16Section 1323. 49.46 (2) (b) 6. Lo. of the statutes is created to read:
AB75-SSA1,622,1817 49.46 (2) (b) 6. Lo. Subject to the limitations under s. 49.45 (30g), community
18recovery services.
AB75-SSA1, s. 1323c 19Section 1323c. 49.46 (2) (b) 6. Lr. of the statutes is created to read:
AB75-SSA1,622,2120 49.46 (2) (b) 6. Lr. Psychotherapy and alcohol and other drug abuse services,
21as specified under s. 49.45 (30f).
AB75-SSA1, s. 1324 22Section 1324. 49.46 (2) (b) 8. of the statutes is amended to read:
AB75-SSA1,623,223 49.46 (2) (b) 8. Home or community-based services, if provided under s. 46.27
24(11), 46.275, 46.277, 46.278, or 46.2785, 46.99, or under the family care benefit if a

1waiver is in effect under s. 46.281 (1d), or under the disabled children's long-term
2support program, as defined in s. 46.011 (1g).
AB75-SSA1, s. 1325 3Section 1325. 49.46 (2) (b) 17. of the statutes is created to read:
AB75-SSA1,623,54 49.46 (2) (b) 17. Services under s. 49.45 (54) (b) for children participating in the
5early intervention program under s. 51.44, that are provided by a special educator.
AB75-SSA1, s. 1326 6Section 1326. 49.46 (2) (d) of the statutes is amended to read:
AB75-SSA1,623,127 49.46 (2) (d) Benefits authorized under this subsection may not include
8payment for that part of any service payable through 3rd-party liability or any
9federal, state, county, municipal, or private benefit system to which the beneficiary
10is entitled. "Benefit system" does not include any public assistance program such as,
11but not limited to, Hill-Burton benefits under 42 USC 291c (e), in effect on April 30,
121980, or relief funded by a relief block grant.
AB75-SSA1, s. 1327 13Section 1327. 49.47 (4) (b) (intro.) of the statutes is amended to read:
AB75-SSA1,623,2114 49.47 (4) (b) (intro.) Eligibility exists if the applicant's property, subject to the
15exclusion of any amounts under the Long-Term Care Partnership Program
16established under s. 49.45 (31), any amounts in an independence account, as defined
17in s. 49.472 (1) (c), or any retirement assets that accrued from employment while the
18applicant was eligible for the community options program under s. 46.27 (11), or any
19other Medical Assistance program, including deferred compensation or the value of
20retirement accounts in the Wisconsin Retirement System or under the federal Social
21Security Act
, does not exceed the following:
AB75-SSA1, s. 1328 22Section 1328. 49.471 (2) of the statutes is amended to read:
AB75-SSA1,624,1523 49.471 (2) Waiver and state plan amendments. The department shall request
24a waiver from, and submit amendments to the state Medical Assistance plan to, the
25secretary of the federal department of health and human services to implement

1BadgerCare Plus. If the state plan amendments are approved and a waiver that is
2substantially consistent with the provisions of this section, excluding sub. (2m), is
3granted and in effect, the department shall implement BadgerCare Plus beginning
4on January 1, 2008, the effective date of the state plan amendments, or the effective
5date of the waiver, whichever is latest. If the state plan amendments are approved
6but the terms of approval do not allow for federal funding of the cost of benefits for
7all or any part of one or more of the eligibility categories under sub. (4) (b), the
8department may at its discretion pay for the cost of benefits for all or any part of any
9group for which federal funding was denied exclusively with moneys from the
10appropriation under s. 20.435 (4) (b).
If the state plan amendments are not approved
11or if a waiver that is substantially consistent with the provisions of this section,
12excluding sub. (2m), is not granted, BadgerCare Plus may not be implemented. If
13the state plan amendments are approved but approval is not continued or if a waiver
14that is substantially consistent with the provisions of this section, excluding sub.
15(2m), is granted but not continued in effect, BadgerCare Plus shall be discontinued.
AB75-SSA1, s. 1329 16Section 1329. 49.471 (3) (a) 1. of the statutes is amended to read:
AB75-SSA1,624,2417 49.471 (3) (a) 1. Notwithstanding ss. 49.46 (1), 49.465, 49.47 (4), and 49.665 (4),
18if the amendments to the state plan under sub. (2) are approved and a waiver under
19sub. (2) that is substantially consistent with all of the provisions of this section,
20excluding sub. (2m), is granted and in effect, an individual described in sub. (4) (a)
21or (b) or (5) is not eligible under s. 49.46, 49.465, 49.47, or 49.665 for Medical
22Assistance or BadgerCare health program benefits. The eligibility of an individual
23described in sub. (4) (a) or (b) or (5) for Medical Assistance benefits shall be
24determined under this section.
AB75-SSA1, s. 1330 25Section 1330. 49.471 (3) (b) 1. (intro.) of the statutes is amended to read:
AB75-SSA1,625,7
149.471 (3) (b) 1. (intro.) If an individual over 18 years of age who is eligible for
2and receiving Medical Assistance benefits under s. 49.46, 49.47, or 49.665 in the
3month before BadgerCare Plus is implemented loses that eligibility solely due to the
4implementation of BadgerCare Plus and, because of his or her income, is not eligible
5for BadgerCare Plus, the individual shall continue receiving for 18 12 consecutive
6months the medical assistance he or she was receiving before the implementation of
7BadgerCare Plus if all of the following are satisfied:
AB75-SSA1, s. 1331 8Section 1331. 49.471 (3) (b) 1. c. of the statutes is amended to read:
AB75-SSA1,625,119 49.471 (3) (b) 1. c. The individual continues to meet meets all nonfinancial
10eligibility requirements for the coverage that he or she had in the month before the
11implementation of BadgerCare Plus
under this section.
AB75-SSA1, s. 1332 12Section 1332. 49.471 (3) (b) 2. of the statutes is amended to read:
AB75-SSA1,625,1613 49.471 (3) (b) 2. Notwithstanding subd. 1., if at any time during an individual's
1418-month 12-month eligibility extension under subd. 1. any criterion under subd.
151. a. to d. is not satisfied, the individual's eligibility for the extended coverage is
16terminated and any time remaining in the eligibility period is lost.
AB75-SSA1, s. 1333 17Section 1333. 49.471 (4) (a) 4. a. of the statutes is amended to read:
AB75-SSA1,625,2318 49.471 (4) (a) 4. a. The individual is a parent or caretaker relative of a child who
19is living in the home with the parent or caretaker relative or who is temporarily
20absent from the home for not more than 6 months or, if the child has been removed
21from the home for more than 6 months, the parent or caretaker relative is working
22toward unifying the family by complying with a permanency plan under s. 48.38 or
23938.38
.
AB75-SSA1, s. 1334 24Section 1334. 49.471 (4) (a) 5. of the statutes is amended to read:
AB75-SSA1,626,6
149.471 (4) (a) 5. An individual who, regardless of family income, was born on
2or after January 1, 1990, and who, on his or her 18th birthday, was in a foster care
3or treatment foster care placement under the responsibility of a state, as determined
4by the department. The coverage for an individual under this subdivision ends on
5the last day of the month in which the individual becomes 21 years of age, unless he
6or she otherwise loses eligibility sooner.
AB75-SSA1, s. 1335 7Section 1335. 49.471 (4) (a) 7. of the statutes is created to read:
AB75-SSA1,626,108 49.471 (4) (a) 7. Individuals who qualify for a medical assistance eligibility
9extension under s. 49.46 (1) (c), (cg), or (co) when their income increases above the
10poverty line.
AB75-SSA1, s. 1336 11Section 1336. 49.471 (4) (b) 1m. of the statutes is amended to read:
AB75-SSA1,626,1312 49.471 (4) (b) 1m. A pregnant woman or unborn child who obtains eligibility
13under sub. (7) (b) 1.
AB75-SSA1, s. 1337 14Section 1337. 49.471 (4) (b) 4. a. of the statutes is amended to read:
AB75-SSA1,626,2015 49.471 (4) (b) 4. a. The individual is a parent or caretaker relative of a child who
16is living in the home with the parent or caretaker relative or who is temporarily
17absent from the home for not more than 6 months or, if the child has been removed
18from the home for more than 6 months, the parent or caretaker relative is working
19toward unifying the family by complying with a permanency plan under s. 48.38 or
20938.38
.
AB75-SSA1, s. 1338 21Section 1338. 49.471 (5) (b) 1. of the statutes is amended to read:
AB75-SSA1,627,222 49.471 (5) (b) 1. Except as provided in sub. (6) (a) 1., a pregnant woman is
23eligible for the benefits specified in par. (c) during the period beginning on the day
24on which a qualified provider determines, on the basis of preliminary information,

1that the woman's family income does not exceed 300 percent of the poverty line and
2ending on the applicable day specified in subd. 3.
AB75-SSA1, s. 1339 3Section 1339. 49.471 (5) (b) 2. of the statutes is amended to read:
AB75-SSA1,627,84 49.471 (5) (b) 2. Except as provided in sub. (6) (a) 2., a child who is not an unborn
5child is eligible for the benefits described in s. 49.46 (2) (a) and (b) during the period
6beginning on the day on which a qualified entity determines, on the basis of
7preliminary information, that the child's family income does not exceed 150 percent
8of the poverty line and ending on the applicable day specified in subd. 3.
AB75-SSA1, s. 1340 9Section 1340. 49.471 (5) (c) of the statutes is renumbered 49.471 (5) (c) 2. and
10amended to read:
AB75-SSA1,627,1411 49.471 (5) (c) 2. On behalf of a woman under par. (b) 1. whose family income
12exceeds 200 percent of the poverty line
, the department shall audit and pay allowable
13charges to a provider certified under s. 49.45 (2) (a) 11. only for ambulatory prenatal
14care services under the benefits under sub. (11).
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