49.155 (1m) (c) 1h. If the individual is a relative of the child, is providing care for the child under a court order, and is receiving payments under s. 48.57 (3m) or (3n) on behalf of the child, the child's biological or adoptive family has a gross income that is at or below 200% of the poverty line. In calculating the gross income of the child's biological or adoptive family, the Wisconsin works agency county department or agency determining eligibility shall include court-ordered child or family support payments received by the individual and income described under s. 49.145 (3) (b) 1. and 3.
****NOTE: This is reconciled s. 49.155 (1m) (c) 1. (intro.), 1g., and 1h. These SECTIONS have been affected by drafts with the following LRB numbers: LRB-1193 and LRB-1389.
SECTION 9308. Initial applicability; Children and Families.
(1) INCLUDING CHILD SUPPORT IN INCOME. The treatment of section 49.155 (1m) (c) 1. (intro.) (by SECTION 1) (with respect to including child or family support in income), 1g. (with respect to including child or family support in income), and 1h. (by SECTION 3) (with respect to including child or family support in income) of the statutes first applies to all of the following:
(a) Initial eligibility determinations and copayment determinations made on October 1, 2009, or on the effective date of this paragraph, whichever is later.
(b) For individuals who, on October 1, 2009, or the effective date of this paragraph, whichever is later, are already receiving a child care subsidy under section 49.155 of the statutes, as affected by this act, continued eligibility determinations made on April 1, 2010.
(End)
LRB-1200LRB-1200/P3
CMH:kjf:jf
2009 - 2010 LEGISLATURE
DOA:......Steinmetz, BB0311 - Changes to statute requiring DOC to track sex offenders via GPS
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Correctional system
Current law requires DOC to maintain active lifetime global positioning system (GPS) tracking of sex offenders who have been committed as sexually violent persons (SVP) and certain sex offenders who have committed specified sex offenses against a child. Unless the tracked person has been committed as an SVP, the tracking requirement can be terminated or modified in the following ways: 1) after 20 years of being tracked, the tracked person may petition the court to terminate tracking; 2) DOC may petition the court to terminate tracking if the tracked person is physically incapacitated; and 3) DOC may passively track, versus actively track, the person after the person completes his or her sentence, including any parole or extended supervision. Under this bill, DOC may passively track, versus actively track, any person subject to tracking without regard to the person's supervision status if DOC determines that passive positioning tracking is appropriate for the person and the person has been subject to active tracking for at least 12 months.
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. 301.48 (1) (d) of the statutes is amended to read:
301.48 (1) (d) "Lifetime tracking" means global positioning system tracking that is required for a person for the remainder of the person's life or until terminated under sub. (2m), sub. (6), if applicable, or sub. (7) or (7m). "Lifetime tracking" does not include global positioning system tracking under sub. (2) (d), regardless of how long it is required.
SECTION 2. 301.48 (2) (a) (intro.) of the statutes is amended to read:
301.48 (2) (a) (intro.) Except as provided in sub. subs. (2m), (6), (7), and (7m), the department shall maintain lifetime tracking of a person if any of the following occurs with respect to the person on or after January 1, 2008:
SECTION 3. 301.48 (2) (b) (intro.) of the statutes is amended to read:
301.48 (2) (b) (intro.) The Except as provided in subs. (7) and (7m), the department shall maintain lifetime tracking of a person if any of the following occurs with respect to the person on or after January 1, 2008:
SECTION 4. 301.48 (2) (d) of the statutes is amended to read:
301.48 (2) (d) If, on or after January 1, 2008, a person is being placed on probation, extended supervision, parole, or lifetime supervision for committing a sex offense and par. (a) or (b) does not apply, the department may have the person tracked using a global positioning system tracking device, or passive positioning system tracking, as a condition of the person's probation, extended supervision, parole, or lifetime supervision.
SECTION 5. 301.48 (2m) of the statutes is amended to read:
301.48 (2m) PASSIVE POSITIONING SYSTEM TRACKING. If a person who is subject to lifetime tracking under sub. (2) (a) 1., 1m., 2., 2m., 3., or 3m. completes his or her sentence, including any probation, parole, or extended supervision, the The department may use passive positioning system tracking instead of maintaining lifetime tracking global positioning system tracking to track a person who is subject to lifetime tracking under sub. (2) (a) 1., 1m., 2., 2m., 3., or 3m. if the department determines that passive positioning tracking is appropriate for the person and if the person has been subject to global positioning system tracking for at least 12 months.
SECTION 6. 301.48 (7m) of the statutes is amended to read:
301.48 (7m) TERMINATION IF PERSON MOVES OUT OF STATE. Notwithstanding sub. (2), if If a person who is subject to being tracked under this section moves out of state, the department shall terminate the person's tracking. If the person returns to the state, the department shall reinstate the person's tracking except as provided under sub. (6) or (7).
(End)
LRB-1209LRB-1209/1
PJK:bjk:rs
2009 - 2010 LEGISLATURE
DOA:......Willing, BB0275 - Insurance payment intercept
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Other health and human services
Under current law, DHS, which administers the Medical Assistance (MA) program, may recover incorrect payments that were made for health care services under MA that resulted from a misstatement or omission of fact by a person supplying information in an application for benefits, from the failure of a person to report the receipt of income or assets in an amount that would have affected a recipient's eligibility for benefits, or from the failure of a person to report changes in a recipient's financial or nonfinancial situation or eligibility characteristics that would have affected the recipient's eligibility for benefits or his or her cost-sharing requirements. If DHS provides any medical assistance to a person as a result of an injury, for example, that was caused by a third party, DHS may recover from the third party the amount of the medical assistance provided. Also under current law, if an individual who is obligated to pay court-ordered child or family support (support) or maintenance has an overdue support or maintenance obligation because of a failure to pay, his or her name, social security number, and amount of support or maintenance owed is posted on a statewide support lien docket.
This bill requires every insurer authorized to do business in this state, before paying any claim of $500 or more, to verify with DHS that the individual to whom the claim is to be paid does not owe an amount that was paid under MA incorrectly or an amount that DHS may recover because of medical assistance provided to another person (medical assistance liability) and to check the statewide support lien docket to ensure that the individual does not have an overdue support or maintenance obligation (support liability). If the individual has a support liability, the insurer must pay the claim proceeds, up to the amount of the support liability, to DCF. If the individual has a medical assistance liability, the insurer must pay the claim proceeds, up to the amount of the medical assistance liability, to DHS. If the individual has both liabilities, the support liability must be paid first. After any liability is paid, the individual is paid any claim proceeds that remain.
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. 49.895 of the statutes is created to read:
49.895 Insurance claim intercept. (1) In this section:
(a) "Medical assistance liability" means an amount that the department of health services may recover under s. 49.497, 49.847, or 49.89.
(b) "Support liability" means an amount that is entered in the statewide support lien docket under s. 49.854.
(2) Before paying an insurance claim of $500 or more to any individual, an insurer that is authorized to do business in this state shall do all of the following:
(a) Verify with the department of health services, in the manner required by that department, whether the individual to whom the claim is to be paid has a medical assistance liability.
(b) Check the statewide support lien docket to determine whether the individual to whom the claim is to be paid has a support liability.
(3) If an individual to whom a claim of $500 or more is to be paid has a support liability or a medical assistance liability, or both, the insurer shall distribute the claim proceeds as follows:
(a) First, if there is a support liability, to the department of children and families to pay the support liability, up to the amount of the support liability or the amount of the claim, whichever is less.
(b) Next, if there is a medical assistance liability, to the department of health services to pay the medical assistance liability, up to the amount of the medical assistance liability or the amount of the claim proceeds remaining, whichever is less.
(c) Last, to the individual, the remainder of the claim proceeds, if any.
(4) The department of health services shall promulgate rules for the administration of this section, including procedures for insurers to follow and any notice and hearing requirements. Notwithstanding s. 227.24 (3), the rules under this subsection may be promulgated as emergency rules under s. 227.24 without a finding of emergency.
SECTION 2. 628.47 of the statutes is created to read:
628.47 Requirement before paying certain claims. Before paying an insurance claim of $500 or more to any individual, an insurer shall comply with s. 49.895.
SECTION 9326. Initial applicability; Insurance.
(1) INSURANCE CLAIM INTERCEPT. If any insurance policy that is in effect on the effective date of this subsection contains a provision that is inconsistent with the treatment of sections 49.895 and 628.47 of the statutes, the treatment of sections 49.895 and 628.47 of the statutes first applies to that policy on the date on which it is renewed.
(End)
LRB-1210LRB-1210/3
PJK:jld&kjf:jf
2009 - 2010 LEGISLATURE
DOA:......Willing, BB0276 - HIRSP/Benchmark Plan eligibility
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Other health and human services
BadgerCare Plus (BC+) is a Medical Assistance (MA) program, administered by DHS, that provides health care benefits under two different plans, depending on the basis for a recipient's eligibility, to recipients who satisfy financial and nonfinancial eligibility criteria. The first plan provides the same benefits that are provided under regular MA. The second plan, called the Benchmark Plan, provides specified benefits to individuals whose family incomes, generally, are higher than the family incomes of individuals who are eligible for the first plan.
Under current law, DHS is required to conduct a program (childless adults program) providing health care coverage to adults under the age of 65 who have incomes not exceeding 200 percent of the federal poverty line and who are not otherwise eligible for MA or Medicare.
Also under current law, DHS administers a program under which DHS reimburses eligible individuals who have a human immunodeficiency virus (HIV) infection for the cost of the drug azidothymidine (AZT) or other cost-effective alternatives. One of the eligibility criteria is that an individual must have applied for coverage under and been denied eligibility for MA within 12 months before applying for reimbursement.
The Health Insurance Risk-Sharing Plan (HIRSP) under current law is, generally, a health insurance program administered by the HIRSP Authority that provides major medical health insurance coverage for persons who are covered under Medicare because they are disabled, persons who have tested positive for HIV, and persons who have been refused coverage, or coverage at an affordable price, in the private health insurance market because of their mental or physical health conditions. With a number of exceptions for different types of MA coverage, persons who are eligible for MA are not eligible for coverage under HIRSP.
This bill provides that individuals who are eligible for coverage under the Benchmark Plan under BC+ are not for that reason ineligible for HIRSP. Current law already provides that individuals who are eligible for the childless adults program are not for that reason ineligible for HIRSP. The bill also provides that the requirement under the HIV drug reimbursement program, that to be eligible for that program an individual must have applied for coverage under and been denied eligibility for MA within 12 months before applying for reimbursement, does not apply to individuals who are eligible for the childless adults program or the Benchmark Plan under BC+.
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. 49.686 (3) (d) of the statutes is amended to read:
49.686 (3) (d) Has applied for coverage under and has been denied eligibility for medical assistance within 12 months prior to application for reimbursement under sub. (2). This paragraph does not apply to an individual who is eligible for benefits under the demonstration project for childless adults under s. 49.45 (23) or to an individual who is eligible for benefits under BadgerCare Plus under s. 49.471 (11).
SECTION 2. 149.12 (2) (f) 2. h. of the statutes is created to read:
149.12 (2) (f) 2. h. Benefits under BadgerCare Plus under s. 49.471 (11).
(End)
LRB-1211LRB-1211/P7
JK:wlj:ph
2009 - 2010 LEGISLATURE
DOA:......Lillethun, BB0278 - Internal Revenue Code update
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
taxation
Income taxation
This bill adopts, for state income and franchise tax purposes, certain changes made in the Internal Revenue Code by the following federal laws:
1. Public Law 109-432, the Tax Relief and Health Care Act of 2006.
2. Public Law 110-28, the U.S. Troop Readiness, Veteran's Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007.
