SB44Individual Drafts for: 03-1922/1

NOTE: The following documents are the component drafts
that were compiled to create the 2003-05 Budget Bill.
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LRB-0015LRB-0015/2
PJK:kmg&jld:jf
2003 - 2004 LEGISLATURE

DOA:......Fath - BB0181, Provide that state is real party in interest in support cases if party is receiving food stamps
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Other health and human services
Current law provides that, to be eligible for food stamps, a custodial parent of a child who has an absent parent must cooperate with efforts to establish or enforce a support order, if appropriate. Current law also provides that in a number of situations the state is a real party in interest for purposes of establishing paternity or securing future support or reimbursement of aid paid by the state. As a real party in interest, the state may, for the specified purposes, commence an action or join in an action that is already commenced. One situation in which the state is a real party in interest is when the state provides certain services or benefits on behalf of a child, such as foster care aid or medical assistance, or provides certain services or benefits to a custodial parent of a child, such as services or benefits under Wisconsin Works. This bill adds the receipt of food stamp benefits by a custodial parent of a child as another situation in which the state, for the purpose of establishing paternity or securing future support or reimbursement of aid paid, is a real party in interest in an action affecting the family that involves the custodial parent.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 767.075 (1) (c) of the statutes is amended to read:

767.075 (1) (c) Whenever aid under s. 46.261, 48.57 (3m) or (3n), 49.19, or 49.45 is provided on behalf of a dependent child or benefits are provided to the child's custodial parent under s. 49.79 or under ss. 49.141 to 49.161.

SECTION 9359. Initial applicability; workforce development.

(1) STATE IS REAL PARTY IN INTEREST BASED ON RECEIPT OF FOOD STAMPS. The treatment of section 767.075 (1) (c) (by SECTION 1) of the statutes first applies to actions affecting the family that are pending on the effective date of this subsection.
(End)
LRB-0016LRB-0016/1
PJK:kmg:jf
2003 - 2004 LEGISLATURE

DOA:......Fath - BB0182, Allow service by mail for support revisions
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Other health and human services
Normally in an action affecting the family, such as a divorce or paternity action, notice of the action is given by personal service, which requires a person, often a sheriff or deputy, to physically hand the summons and petition to the respondent in the action. Under current law, however, written notice of an action to enforce a child support order may be delivered, after a diligent effort has been made to ascertain the location of the respondent, to the most recent residential or employer address that the respondent has provided to the county child support agency. (Under current law, every child support order includes an order requiring both the payer and the payee to notify the county child support agency of any change in address or employer within ten days of the change.) This bill provides that, after a diligent effort has been made to ascertain the location of the respondent, notice of an action to revise a child support order may be given in the same manner as notice of an action to enforce a child support order, by delivering written notice of the action to the most recent residential or employer address that the respondent has provided to the county child support agency.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 767.027 (1) (intro.) of the statutes is amended to read:

767.027 (1) (intro.) In any action under s. 767.02 (1) (i) to enforce or modify a judgment or order with respect to child support, due process requirements related to notice and service of process are satisfied to the extent that the court finds all of the following:
(End)
LRB-0029LRB-0029/2
PJK:cjs&wlj:pg
2003 - 2004 LEGISLATURE

DOA:......Blaine - BB0001 Make eligibility for HIPP a qualifying event for immediate health insurance enrollment
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Medical Assistance
Under current law, DHFS administers both the Badger Care health care (BadgerCare) program and the Medical Assistance (MA) program. Generally, both programs provide health care benefits to low-income persons. If a person who is eligible for the BadgerCare program or the purchase plan portion of the MA program is also eligible for health care coverage that is offered by an employer, DHFS may purchase the employer-offered health care coverage on behalf of the person if DHFS determines that purchasing the coverage will not cost more than providing the coverage under the BadgerCare or MA program for which the person is eligible.
Also under current law, if an employer offers health care coverage to its employees, certain specified situations require the insurer that provides the coverage to allow an employee, or an employee's dependent, to enroll in the health care coverage plan at times outside of the usual enrollment periods. For example, if an employee refused coverage under the employer's health care coverage plan during a previous enrollment period because the employee had other health care coverage, the employee may enroll in the employer's plan within 30 days after the other health care coverage terminates or is exhausted. Likewise, if an employee gets married or adopts a child, the employee's spouse or child may enroll in the employer's health care coverage plan during a special enrollment period that lasts for 30 days from the date of the marriage or adoption.
This bill requires an insurer that provides coverage under an employer's health care coverage plan to permit an employee, or an employee's dependent, who is eligible for but not enrolled in the employer's health care coverage plan to enroll in the employer's plan during a special, 30-day enrollment period if: 1) the employee or dependent is eligible for coverage under the BadgerCare or MA program; and 2) DHFS will purchase the coverage on behalf of the employee or dependent because DHFS has determined that it will not be more costly to pay the portion of the premium for which the employee is responsible under the employer's plan than to provide coverage for the employee or dependent under the BadgerCare or MA program. The 30-day enrollment period begins on the date on which DHFS makes the determination about the cost of the coverage.
Also under the bill, if DHFS determines that a waiver is required, DHFS is required to request a waiver from the federal Department of Health and Human Services to allow DHFS to require a family, as a condition of eligibility for the BadgerCare program, to provide a verification from the employer of any family member who is employed. The employer verification would include the following information: 1) the family member's earnings; 2) whether the employer provides health care coverage for which the family is eligible; and 3) the amount that the employer pays, if any, towards the cost of the health care coverage. Under current law, a family with income below 185% of the poverty line is eligible for the BadgerCare program if the family does not have access to employer-provided health care coverage for which the employer pays at least 80% of the cost. DHFS may implement the employer verification requirement beginning on January 1, 2004, if no waiver is needed. If a waiver is needed, however, DHFS may implement the employer verification requirement only if the waiver is granted.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 49.665 (2) (title) of the statutes is amended to read:

49.665 (2) (title) WAIVER WAIVERS.

SECTION 2. 49.665 (2) of the statutes is renumbered 49.665 (2) (a) and amended to read:

49.665 (2) (a) 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, excluding sub. (4) (a) 3m., 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, excluding sub. (4) (a) 3m., is granted and in effect.

SECTION 3. 49.665 (2) (b) of the statutes is created to read:

49.665 (2) (b) If the department of health and family services determines that it needs a waiver to require the verification specified in sub. (4) (a) 3m., the department shall request a waiver from the secretary of the federal department of health and human services and may not implement the verification requirement under sub. (4) (a) 3m. unless the waiver is granted. If a waiver is required and is granted, the department of health and family services may implement the verification requirement under sub. (4) (a) 3m. as appropriate. If a waiver is not required, the department of health and family services may require the verification specified in sub. (4) (a) 3m. for eligibility determinations and annual review eligibility determinations made by the department, beginning on January 1, 2004.

SECTION 4. 49.665 (4) (am) 3m. of the statutes is created to read:

49.665 (4) (am) 3m. Each member of the child's household who is employed provides verification from his or her employer, in the manner specified by the department, of his or her earnings, of whether the employer provides health care coverage for which the child is eligible, and of the amount that the employer pays, if any, towards the cost of the health care coverage, excluding any deductibles or copayments required under the coverage.

SECTION 5. 632.746 (7m) of the statutes is created to read:

632.746 (7m) (a) In this subsection, "terms of the group health benefit plan" does not include any requirements under the group health benefit plan related to enrollment periods or waiting periods.

(b) An insurer offering a group health benefit plan shall permit, as provided in par. (c), an employee who is not enrolled but who is eligible for coverage under the terms of the group health benefit plan, or a participant's or employee's dependent who is not enrolled but who is eligible for coverage under the terms of the group health benefit plan, to enroll for coverage under the terms of the plan if all of the following apply:

1. The employee or dependent is eligible for benefits under the Medical Assistance program under s. 49.472 or for coverage under the Badger Care health care program under s. 49.665.

2. The department of health and family services will purchase coverage under the group health benefit plan on behalf of the employee or dependent because the department of health and family services has determined that paying the portion of the premium for which the employee is responsible will not be more costly than providing the medical assistance or the coverage under the Badger Care health care program, whichever is applicable.

(c) An insurer permitting an employee or dependent to enroll under this subsection shall provide for an enrollment period of not less than 30 days, beginning on the date on which the department of health and family services makes the determination under par. (b) 2.

SECTION 9324. Initial applicability; health and family services.

(1) SPECIAL ENROLLMENT PERIOD. The treatment of section 632.746 (7m) of the statutes first applies with respect to determinations of the department of health and family services to purchase coverage under employer-sponsored health care plans that are made on the effective date of this subsection.
(End)
LRB-0030LRB-0030/1
PJK:kmg&jld:rs
2003 - 2004 LEGISLATURE

DOA:...... Blaine - BB0002 Eliminate comprehensive community services as an MA benefit
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL

AN ACT ...; relating to: benefits under the medical assistance program.
Analysis by the Legislative Reference Bureau
Health and human services
Medical assistance
Under current law, DHFS administers the medical assistance (MA) program under which eligible individuals receive health care services. Mental health and psychological rehabilitative services provided by a community support program to individuals with mental illness who live in the community is a covered benefit under the MA program. The county pays all costs for the services that are not paid by the federal government. Also covered, but only if a county elects to offer the services as a benefit, are psychosocial services provided by a community-based psychosocial service program to individuals with less severe mental illness who live in the community. A county that elects to provide the services as a benefit must pay all costs not paid by the federal government.
This bill eliminates psychosocial services provided by a community-based psychosocial service program as a possible benefit under the MA program.
For further information see the local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

****NOTE: This is reconciled s. 49.45 (6t) (intro.). It was removed and its treatment added to LRB-1611. This section is affected by LRB-0030 and LRB-1611.

****NOTE: This is reconciled s. 49.45 (6t) (a). It was removed and its treatment added to LRB-1611. This section is affected by LRB-0030 and LRB-1611.

SECTION 1. 49.45 (30e) of the statutes is repealed.

SECTION 2. 49.46 (2) (b) 6. Lm. of the statutes is repealed.
(End)
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