SECTION 5. 108.07 (8) (b) of the statutes is amended to read:
108.07 (8) (b) If a claimant is a prisoner of a state prison, as defined in s. 302.01, and has employment with an employer other than the department of corrections or a private business leasing space within a state prison under s. 303.01 (2) (em), and the claimant's employment terminates because conditions of incarceration or supervision make it impossible to continue the employment, the department shall charge to the fund's balancing account any benefits based on the terminated employment that are otherwise chargeable to the account of an employer that is subject to the contribution requirements under ss. 108.17 and 108.18.
SECTION 6. 303.01 (2) (em) of the statutes is repealed.
SECTION 7. 303.01 (8) (c) of the statutes is repealed.
****NOTE: This is reconciled s. 303.01 (8) (c). This SECTION has been affected by drafts with the following LRB numbers: LRB-0252 and LRB-1417.
SECTION 8. 303.01 (8) (d) of the statutes is repealed.
SECTION 9. 303.01 (8) (e) of the statutes is repealed.
SECTION 10. 303.01 (11) of the statutes is repealed.
SECTION 11. 303.06 (3) of the statutes is repealed.
SECTION 12. 303.21 (1) (b) of the statutes is amended to read:
303.21 (1) (b) Inmates are included under par. (a) if they are participating in a structured work program away from the institution grounds under s. 302.15 or a secure work program under s. 303.063. Inmates are not included under par. (a) if they are employed in a prison industry under s. 303.06 (2), participating in a work release program under s. 303.065 (2), participating in employment with a private business under s. 303.01 (2) (em) or participating in the transitional employment program, but they are eligible for worker's compensation benefits under ch. 102. Residents subject to s. 303.01 (1) (b) are not included under par. (a) but they are eligible for worker's compensation benefits under ch. 102.
SECTION 9209. Appropriation changes; corrections.
(1) PRIVATE BUSINESS PRISON EMPLOYMENT PROGRAM. The unencumbered balance in the appropriation account under section 20.410 (1) (hm), 2003 stats., is transferred to the appropriation account under section 20.410 (1) (km) of the statutes.
(End)
LRB-0260LRB-0260/2
PJK:jld:pg
2005 - 2006 LEGISLATURE
DOA:......Blaine, BB0009 - Transportation for MA recipients
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Medical Assistance
Under current law, as a benefit under the Medical Assistance (MA) program, DHFS pays on behalf of MA recipients charges for transportation by emergency medical vehicle to obtain emergency medical care, transportation by specialized medical vehicle to obtain nonemergency medical care, and, if first approved by the county department of human services or social services, transportation by common carrier or private motor vehicle to obtain nonemergency medical care. This bill modifies the MA transportation benefit. Under the bill, DHFS will pay on behalf of MA recipients charges for transportation by emergency medical vehicle to obtain emergency medical care and also to obtain nonemergency medical care if transportation by other means is contraindicated. Otherwise, DHFS will pay charges for transportation to obtain nonemergency medical services that is provided through an entity with which DHFS has contracted to manage transportation services for the MA program.
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. 49.46 (2) (b) 3. of the statutes is renumbered 49.46 (2) (b) 3. a. and amended to read:
49.46 (2) (b) 3. a. Transportation by emergency medical vehicle to obtain emergency medical care, transportation by specialized medical vehicle to obtain medical care including the unloaded travel of the specialized medical vehicle necessary to provide that transportation or, if authorized in advance by the county department under s. 46.215 or 46.22, transportation by common carrier or private motor vehicle and, if transportation by other means is contraindicated, to obtain nonemergency medical care.
SECTION 2. 49.46 (2) (b) 3. b. of the statutes is created to read:
49.46 (2) (b) 3. b. To obtain nonemergency medical services, except as provided in subd. 3. a., appropriate transportation that is provided through an entity with which the department has contracted to manage transportation services for the Medical Assistance program.
(End)
LRB-0261LRB-0261/1
PJK:wlj:pg
2005 - 2006 LEGISLATURE
DOA:......Blaine, BB0010 - Prenatal care under BadgerCare for pregnant immigrant women
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Medical Assistance
Under current law, the Badger Care health care program (BadgerCare) provides partially or wholly subsidized health care coverage to eligible families and children. A family, or a child who does not reside with his or her parent, may be eligible for health care coverage under BadgerCare if the child's or family's income does not exceed 185 percent of the federal poverty line and the child or family meets certain nonfinancial criteria, such as not having access to employer-subsidized health care coverage. Current law defines "child" as a person under the age of 19 years and defines "family" as a unit that consists of at least one child and his or her parent or parents, all of whom reside in the same household.
This bill expands BadgerCare to provide health care coverage to an unborn child whose mother is not eligible for BadgerCare or eligible for Medical Assistance, except for certain emergency services. The income of the unborn child's mother, mother and her spouse, or mother and her family, whichever is applicable, must meet the current law income requirements. The unborn child and the unborn child's mother must meet the current law nonfinancial eligibility requirements, except that the unborn child is not required to have a social security number and one or more of the following may apply to the unborn child's mother: 1) she is not a U.S. citizen or a qualifying alien; 2) she is an inmate of a public institution; or 3) she does not provide a social security number, but only if she is not a U.S. citizen or qualifying alien. An "unborn child" is defined as a person from conception to live birth. The effect of the change is to provide prenatal care to low-income pregnant women who are not otherwise eligible for BadgerCare or Medical Assistance.
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. 20.435 (4) (bc) of the statutes is amended to read:
20.435 (4) (bc) Health Badger Care health care for low-income families program; general purpose revenue. As a continuing appropriation, the amounts in the schedule for the badger care Badger Care health care program for low-income families under s. 49.665.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 20.435 (4) (p) of the statutes is amended to read:
20.435 (4) (p) Federal aid; Badger Care health care for low-income families program. All federal moneys received for the badger care Badger Care health care program for low-income families under s. 49.665, to be used for that purpose.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 3. 20.435 (4) (x) of the statutes is amended to read:
20.435 (4) (x) Health Badger Care health care for low-income families program; Medical Assistance trust fund. From the medical assistance Medical Assistance trust fund, all moneys received for the badger care Badger Care health care program for low-income families under s. 49.665.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 4. 49.665 (1) (b) of the statutes is amended to read:
49.665 (1) (b) "Child" means a person who is born and who is under the age of 19.
SECTION 5. 49.665 (1) (g) of the statutes is created to read:
49.665 (1) (g) "Unborn child" means a person from the time of conception until it is born alive.
SECTION 6. 49.665 (2) (a) of the statutes is renumbered 49.665 (2) (a) 1. and amended to read:
49.665 (2) (a) 1. 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. and (ap) and provisions related to sub. (4) (ap), is granted and in effect, the department of health and family services shall implement the program under this section, subject to subd. 2. 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. and (ap) and provisions related to sub. (4) (ap), is granted and in effect.
SECTION 7. 49.665 (2) (a) 2. of the statutes is created to read:
49.665 (2) (a) 2. The department may not implement sub. (4) (ap) or provisions related to the coverage under sub. (4) (ap) unless a state plan amendment authorizing the coverage under sub. (4) (ap) is approved by the federal department of health and human services.
SECTION 8. 49.665 (3) of the statutes is amended to read:
49.665 (3) ADMINISTRATION. The Subject to sub. (2) (a) 2., the department shall administer a program to provide the health services and benefits described in s. 49.46 (2) to persons 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 or by of a member of a an eligible child's household, or family or individual coverage offered by the employer of an eligible unborn child's mother or her spouse, under circumstances in which the department determines that purchasing that coverage would not be more costly than providing the coverage under this section.
SECTION 9. 49.665 (4) (ap) of the statutes is created to read:
49.665 (4) (ap) An unborn child whose mother is not eligible for health care coverage under par. (a) or (am) or for medical assistance under s. 49.46 or 49.47, except that she may be eligible for benefits under s. 49.45 (27), is eligible for health care coverage under this section, which shall be limited to coverage for prenatal care, if all of the following requirements are met:
1. The income of the unborn child's mother, mother and her spouse, or mother and her family, whichever is applicable, does not exceed 185 percent of the poverty line, except as provided in par. (at) and except that, if an unborn child is already receiving health care coverage under this section, the applicable specified person or persons may have an income that does not exceed 200 percent of the poverty line. The department shall establish by rule the criteria to be used to determine income.
2. Each of the following applicable persons who is employed provides verification from his or her employer, in the manner specified by the department, of his or her earnings:
a. The unborn child's mother.
b. The spouse of the unborn child's mother.
c. Members of the unborn child's mother's family.
3. The unborn child's mother provides medical verification of her pregnancy, in the manner specified by the department.
4. The unborn child and the mother of the unborn child meet all other requirements established by the department by rule except for any of the following:
a. The mother is not a U.S. citizen or an alien qualifying for medicaid under 8 USC 1612.
b. The mother is an inmate of a public institution.
c. The mother does not provide a social security number, but only if subd. 4. a. applies.
SECTION 10. 49.665 (4) (at) 3. of the statutes is amended to read:
49.665 (4) (at) 3. The department may not adjust the maximum income level of 200% of the poverty line for persons already receiving health care coverage under this section or for applicable persons specified in par. (ap) 1. with respect to an unborn child already receiving health care coverage under this section.
SECTION 11. 49.665 (4) (c) of the statutes is amended to read:
49.665 (4) (c) No person may be denied health care coverage under this section solely because of a health condition of that person or, of any family member of that person, or of the mother of an unborn child.
SECTION 12. 49.665 (4) (d) of the statutes is created to read:
49.665 (4) (d) An unborn child's eligibility for coverage under par. (ap) shall not begin before the first day of the month in which the unborn child's mother provides the medical verification required under par. (ap) 3.
SECTION 13. 49.665 (5) (ag) of the statutes is amended to read:
49.665 (5) (ag) Except as provided in pars. (am), (b), and (bm), a family, or a child who does not reside with his or her parent, or the mother of an unborn child, who 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. The department may not establish or implement a schedule that requires a family or child to contribute contribution, including the amounts required under par. (am), of more than 5% of the family's or child's income of the family, child, or applicable persons specified in sub. (4) (ap) 1. towards the cost of the health care coverage provided under this section.
SECTION 14. 49.665 (5) (am) (intro.) of the statutes is amended to read:
49.665 (5) (am) (intro.) Except as provided in pars. (b) and (bm), a child or, a family member, or the mother of an unborn child, who receives health care coverage under this section shall pay the following cost-sharing amounts:
SECTION 15. 49.665 (5) (b) of the statutes is amended to read:
49.665 (5) (b) The department may not require a family, or child who does not reside with his or her parent, or applicable persons specified in sub. (4) (ap) 1., with an income below 150% of the poverty line, to contribute to the cost of health care coverage provided under this section.
SECTION 16. 49.665 (5) (c) of the statutes is amended to read:
49.665 (5) (c) The department may establish by rule requirements for wage withholding as a means of collecting the a family's or an unborn child's mother's share of the cost of the health care coverage under this section.
SECTION 17. 49.82 (2) of the statutes is amended to read:
49.82 (2) ELIGIBILITY VERIFICATION. Proof shall be provided for each person included in an application for public assistance under this chapter, except for a child who is eligible for medical assistance under s. 49.46 or 49.47 because of 42 USC 1396a (e) (4) or an unborn child who is eligible for coverage under the Badger Care health care program under s. 49.665 (4) (ap), of his or her social security number or that an application for a social security number has been made.
SECTION 9421. Effective dates; health and family services.
(1) BADGER CARE COVERAGE FOR UNBORN CHILDREN. The treatment of sections 49.665 (1) (g), (3), (4) (ap), (at) 3., (c), and (d), and (5) (ag), (am) (intro.), (b), and (c) and 49.82 (2) of the statutes, the renumbering and amendment of section 49.665 (2) (a) of the statutes, and the creation of section 49.665 (2) (a) 2. of the statutes take effect on January 1, 2006.
(End)
LRB-0264LRB-0264/3
PJK:wlj:rs
2005 - 2006 LEGISLATURE
DOA:......Rhodes, BB0016 - MA coverage for youths leaving out-of-home care
