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LRB-0256/1

PJK:jld:jf

2013 - 2014 LEGISLATURE

DOA:......Iwata, BB0007 - Electronic verification of residence for MA eligibility

For 2013-2015 Budget -- Not Ready For Introduction

An Act ...; relating to: the budget.

Analysis by the Legislative Reference Bureau

Health and human services

Medical Assistance

Under current law, DHS administers the Medical Assistance (MA) program, which provides health care benefits to low-income individuals and families through a combination of federal and state funding. Federal law requires that an MA recipient receive benefits in the state in which he or she resides. This bill requires DHS to electronically verify the residence of an applicant for MA for purposes of determining eligibility and of a recipient of MA for purposes of determining continued eligibility when a recipient's eligibility is reviewed. If DHS is unable to electronically verify residence, an applicant or recipient must then provide DHS with adequate proof of residency. The bill contains a few exceptions to the electronic residency verification requirement, including exceptions for persons who reside in nursing homes and whose care is paid by MA, children placed in foster care, and persons who are receiving food stamp benefits and who have already provided an acceptable form of residency verification.

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. 49.84 (7) of the statutes is created to read:

49.84 (7) (a) In this subsection:

1. "Department" means the department of health services.

2. "Medical Assistance" means the Medical Assistance program under subch. IV.

(b) Except as provided in par. (c), for determining eligibility or continued eligibility the department shall electronically verify the residence of an applicant for or recipient of Medical Assistance. If the department is unable to verify the applicant's or recipient's residence electronically, the applicant or recipient must provide adequate proof of residency, in the manner determined by the department, to be eligible for Medical Assistance.

(c) The requirements under par. (b) do not apply with respect to any of the following:

1. An individual who is receiving benefits under the food stamp program under 7 USC 2011 to 2029 or under the Temporary Assistance for Needy Families block grant program and who presented an acceptable form of residency verification for receipt of those benefits.

2. An individual who resides in a nursing home, intermediate care facility, inpatient psychiatric hospital, or other residential care facility and whose care in the facility is paid for by Medical Assistance.

3. A child residing in a foster care placement under the care and placement responsibility of a county department under s. 46.215, 46.22, or 46.23 or, in a county with a population of 500,000 or more, under the care and placement responsibility of the department of children and families.

Section 9318. Initial applicability; Health Services.

(1) Electronic verification of residency for Medical Assistance. The treatment of section 49.84 (7) of the statutes first applies to applications received or continued eligibility reviews commenced on the effective date of this subsection.

Section 9418. Effective dates; Health Services.

(1) Electronic verification of residency for Medical Assistance. The treatment of section 49.84 (7) of the statutes and Section 9318 (1) of this act take effect on January 1, 2014.

(End)