AB150: Bill Text

AB150,1001,5 49.02 (5) (cm) Notwithstanding ss. 49.002 (2) and 49.01 (5m), a general An emergency medical relief agency is not required to provide services described in s. 51.42 (3) (ar) 4.

****Note: This is reconciled s. 49.02 (6m). This Section has been affected by drafts with the following LRB numbers: -0756/4 and -1701/4.

AB150, s. 2706 Section 2706. 49.02 (6r) of the statutes is repealed.

AB150, s. 2707 Section 2707. 49.02 (7) (title) of the statutes is created to read:

AB150,1001,8 49.02 (7) (title) Administration of emergency medical relief.

AB150, s. 2708 Section 2708. 49.02 (7) of the statutes is renumbered 49.02 (7) (b) and amended to read:

AB150,1001,16 49.02 (7) (b) Whenever the authorities charged with the administration of this section have reason to believe that a person receiving emergency medical relief is engaging in conduct or behavior prohibited in ch. 944 or ss. 940.225, 948.02, 948.025 or 948.06 to 948.11 they shall promptly notify the law enforcement officials of the county thereof, including facts relating to such person's alleged misconduct or illegal behavior.

AB150, s. 2709 Section 2709. 49.02 (7) (a) of the statutes is created to read:

AB150,1001,20 49.02 (7) (a) The department shall promulgate rules regarding the administration of emergency medical relief. The rules shall include all of the following:

AB150,1001,22 1. Procedures that counties, tribal governing bodies and hospitals providing emergency medical relief shall follow in making eligibility determinations.

AB150,1002,4 2. Procedures that counties and tribal governing bodies shall follow to obtain partial reimbursement for emergency medical relief expenses under s. 49.035 and procedures for determining the portion of medical costs under s. 49.035 (2) (cm) that are attributable to emergency medical care.

AB150,1002,6 3. Procedures for appealing eligibility determinations under s. 49.015. These procedures shall include provision for notice, fair hearing and review.

AB150, s. 2710 Section 2710. 49.02 (8) of the statutes is renumbered 49.015 (2m) and amended to read:

AB150,1002,12 49.015 (2m) (title) Ineligibility due to medical assistance divestment. Any person found ineligible for medical assistance because of the divestment provisions under s. 49.453 is ineligible for medical care under this section emergency medical relief for the same period during which ineligibility exists under s. 49.453.

AB150, s. 2711 Section 2711. 49.02 (9) of the statutes is repealed.

AB150, s. 2712 Section 2712. 49.02 (10) (a) of the statutes is renumbered 49.02 (5) (bm) and amended to read:

AB150,1002,20 49.02 (5) (bm) Except as provided under par. (b), a A county or tribal governing body shall limit its liability for medical or dental care furnished as general emergency medical relief, including emergency care provided under sub. (5), to the amount payable by medical assistance under ss. 49.43 to 49.47 for care for which a medical assistance rate exists.

AB150, s. 2713 Section 2713. 49.02 (10) (b) of the statutes is repealed.

AB150, s. 2714 Section 2714. 49.02 (10) (c) of the statutes is repealed.

AB150, s. 2715 Section 2715. 49.02 (11) of the statutes is amended to read:

AB150,1003,2 49.02 (11) (title) Checking eligibility with department of transportation records. A general An emergency medical relief agency may use vehicle registration information from the department of transportation in determining eligibility for general emergency medical relief.

AB150, s. 2716 Section 2716. 49.02 (12) of the statutes is repealed.

****Note: This is reconciled s. 49.02 (12). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2717 Section 2717. 49.032 of the statutes is repealed.

****Note: This is reconciled s. 49.032. This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2718 Section 2718. 49.035 (title) of the statutes is amended to read:

AB150,1003,6 49.035 (title) State aid for general emergency medical relief.

AB150, s. 2719 Section 2719. 49.035 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

****Note: This is reconciled 49.035 (1). This Section has been affected by drafts with the following LRB numbers: -0756/3 and -1701/3.

AB150, s. 2720 Section 2720. 49.035 (1) (intro.) of the statutes is amended to read:

AB150,1003,11 49.035 (1) (intro.) As provided in sub. (4e), the The department shall reimburse, as provided in sub. (4e), except for medical costs:

AB150, s. 2721 Section 2721. 49.035 (1m) of the statutes is created to read:

AB150,1003,15 49.035 (1m) State reimbursement percentages for tribal governing bodies. From the appropriation under s. 20.435 (4) (e), the department shall reimburse a tribal governing body for 100% of eligible emergency medical relief costs.

AB150, s. 2722 Section 2722. 49.035 (2) (intro.) of the statutes is amended to read:

AB150,1003,18 49.035 (2) (intro.) As Except as provided in sub. (4e) (3), the department shall reimburse, as provided in sub. (4e), for general relief medical costs:

AB150, s. 2723 Section 2723. 49.035 (2) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1004,3 49.035 (2) (title) State reimbursement percentages for counties. (intro.) Except as provided in sub. (3), the department shall reimburse, as provided in sub. (4e), for general emergency medical relief medical costs:

****Note: This is reconciled 49.035 (2) (intro.). This Section has been affected by drafts with the following LRB numbers: -0756/3 and -1701/3.

AB150, s. 2724 Section 2724. 49.035 (2) (b) 7. of the statutes is amended to read:

AB150,1004,7 49.035 (2) (b) 7. Up to 40% of eligible emergency medical relief costs incurred by the county on behalf of an individual client that are not more than $10,000 per claim period.

AB150, s. 2725 Section 2725. 49.035 (2) (b) 8. of the statutes is amended to read:

AB150,1004,10 49.035 (2) (b) 8. Up to 70% of eligible emergency medical relief costs incurred by the county on behalf of an individual client that exceed $10,000 per claim period.

AB150, s. 2726 Section 2726. 49.035 (2) (cm) (intro.) of the statutes is amended to read:

AB150,1004,18 49.035 (2) (cm) (intro.) A If a county operates a comprehensive medical relief program in addition to an emergency medical relief program and if the county enrolls participants in these programs in a prepaid health care system with a uniform fee per person, a county for up to 60% of the eligible portion of the medical costs for individual clients who are enrolled in a prepaid health care system with a uniform fee per person these participants that are attributable to emergency medical care, if the following requirements are met:

AB150, s. 2727 Section 2727. 49.035 (2) (cm) 3. of the statutes is amended to read:

AB150,1005,3 49.035 (2) (cm) 3. The county offers a full range of medical or dental care furnished by the general relief agency as general relief, including emergency medical treatment and hospitalization, must be available for general relief clients under a contract between a general care to all persons eligible for emergency medical relief under s. 49.015 under a contract between the emergency medical relief agency and a health maintenance organization for provision of general relief medical treatment and hospitalization.

AB150, s. 2728 Section 2728. 49.035 (3) of the statutes is created to read:

AB150,1005,6 49.035 (3) The state may not reimburse a county under this section for the costs of providing services described in s. 51.42 (3) (ar) 4.

AB150, s. 2729 Section 2729. 49.035 (3) of the statutes, as created by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1005,11 49.035 (3) (title) Limitation on state reimbursement. The state may not reimburse a county or a tribal governing body under this section for the costs of providing services described in s. 51.42 (3) (ar) 4.

****Note: This is reconciled s. 49.035 (3). This Section has been affected by drafts with the following LRB numbers: -0756/4 and -1701/4.

AB150, s. 2730 Section 2730. 49.035 (4) (title) of the statutes is created to read:

AB150,1005,13 49.035 (4) (title) Filing of reimbursement claims.

AB150, s. 2731 Section 2731. 49.035 (4) of the statutes is renumbered 49.035 (4) (b) and amended to read:

AB150,1005,18 49.035 (4) (b) Claims for reimbursement under subs. (1) and sub. (2) shall be filed with the department by March 1 of the year immediately following the calendar year in which the costs were incurred.

AB150, s. 2732 Section 2732. 49.035 (4) (a) of the statutes is created to read:

AB150,1005,22 49.035 (4) (a) The department, after consulting with all elected tribal governing bodies in this state, shall promulgate rules establishing requirements for filing claims for reimbursement under sub. (1m).

AB150, s. 2733 Section 2733 . 49.035 (4e) (title) of the statutes is created to read:

AB150,1006,2 49.035 (4e) (title) Treatment of certain payments to county hospitals and mental health complexes.

AB150, s. 2734 Section 2734 . 49.035 (4e) (a) of the statutes is amended to read:

AB150,1006,11 49.035 (4e) (a) If claims for eligible general emergency medical relief costs at the maximum rates under subs. (1) and sub. (2) do not exceed the total of the funds available under s. 20.435 (4) (eb) and the payments to county hospitals and county mental health complexes under par. (c) for that fiscal year, the department shall determine the amount of a county's reimbursement from the appropriation under s. 20.435 (4) (eb) by applying the maximum rates under subs. (1) and sub. (2) to the county's eligible costs and subtracting the amount paid to county hospitals and county mental health complexes in the county under par. (c).

AB150, s. 2735 Section 2735 . 49.035 (4e) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1006,21 49.035 (4e) (a) If claims for eligible emergency medical relief costs at the maximum rates under sub. (2) do not exceed the total of the funds available under s. 20.435 (4) (eb) (1) (cb) and the payments to county hospitals and county mental health complexes under par. (c) for that fiscal year, the department shall determine the amount of a county's reimbursement from the appropriation under s. 20.435 (4) (eb) (1) (cb) by applying the maximum rates under sub. (2) to the county's eligible costs and subtracting the amount paid to county hospitals and county mental health complexes in the county under par. (c).

****Note: This is reconciled s. 49.035 (4e) (a). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2736 Section 2736 . 49.035 (4e) (b) of the statutes is amended to read:

AB150,1007,9 49.035 (4e) (b) If claims for eligible general emergency medical relief costs at the maximum rates under subs. (1) and sub. (2) do exceed the total of the funds available under s. 20.435 (4) (eb) and the payments to county hospitals and county mental health complexes under par. (c) for that fiscal year, the department shall prorate the funds available under s. 20.435 (4) (eb) among the counties. Under this paragraph, the department shall determine the amount of a county's reimbursement from the appropriation under s. 20.435 (4) (eb) by subtracting the amount paid to county hospitals and county mental health complexes in the county under par. (c) from its prorated share of the funds available under s. 20.435 (4) (eb).

AB150, s. 2737 Section 2737 . 49.035 (4e) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1007,20 49.035 (4e) (b) If claims for eligible emergency medical relief costs at the maximum rates under sub. (2) do exceed the total of the funds available under s. 20.435 (4) (eb) (1) (cb) and the payments to county hospitals and county mental health complexes under par. (c) for that fiscal year, the department shall prorate the funds available under s. 20.435 (4) (eb) (1) (cb) among the counties. Under this paragraph, the department shall determine the amount of a county's reimbursement from the appropriation under s. 20.435 (4) (eb) (1) (cb) by subtracting the amount paid to county hospitals and county mental health complexes in the county under par. (c) from its prorated share of the funds available under s. 20.435 (4) (eb) (1) (cb).

****Note: This is reconciled s. 49.035 (4e) (b). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2738 Section 2738. 49.035 (4e) (c) of the statutes is amended to read:

AB150,1008,4 49.035 (4e) (c) The department shall distribute the payments under s. 49.45 (6y) and (6z) to county hospitals and county mental health complexes that qualify for these payments at the time that the county is paid under par. (a) or (b). For the year for which the payment under par. (a) or (b) is made, the county shall treat the payments to county hospitals and county mental health complexes as reimbursement for general emergency medical relief claims under sub. (4) (b).

AB150, s. 2739 Section 2739. 49.035 (4m) of the statutes is amended to read:

AB150,1008,11 49.035 (4m) (title) Deadline for reimbursement. The department shall reimburse the general emergency medical relief agency for claims submitted under sub. (4) (b) on or before the July 31 immediately following the March 1 filing date or within 30 days after the effective date of the act that provides funding for the general emergency medical relief appropriation from which general emergency medical relief claims for reimbursement are paid, whichever is later.

AB150, s. 2740 Section 2740. 49.035 (5m) of the statutes is amended to read:

AB150,1008,16 49.035 (5m) (title) Uniform reporting system. The department shall establish a uniform reporting system for use by counties and tribal governing bodies to provide the department with case and fiscal information relating to general emergency medical relief costs.

AB150, s. 2741 Section 2741. 49.035 (6) (intro.) of the statutes is amended to read:

AB150,1008,21 49.035 (6) (title) Reimbursement requirements. (intro.) No county or tribal governing body may receive reimbursement for any general emergency medical relief expenditures unless the county or tribal governing body does all of the following:

AB150, s. 2742 Section 2742. 49.035 (6) (am) of the statutes is repealed.

AB150, s. 2743 Section 2743. 49.035 (6) (b) of the statutes is amended to read:

AB150,1009,5 49.035 (6) (b) Develops and files with the department on or before October 1 of each year a an emergency medical cost containment plan for the subsequent calendar year. The plan shall include provisions limiting the inappropriate use of emergency room care and controlling payments to providers and may include provisions on supplying case management services. The department shall approve or disapprove the plan within a reasonable period of time after the plan is timely filed.

AB150, s. 2744 Section 2744. 49.035 (6) (c) of the statutes is amended to read:

AB150,1009,8 49.035 (6) (c) Provides information to the department relating to general emergency medical relief costs.

AB150, s. 2745 Section 2745 . 49.035 (6m) of the statutes is amended to read:

AB150,1009,15 49.035 (6m) (title) Failure to comply with emergency medical relief statutes or rules. Notwithstanding sub. (6), the department may deny any general relief claim for partial reimbursement of eligible emergency medical relief costs under this section if the county or tribal governing body fails to comply with the general emergency medical relief requirements of contained in this chapter or in rules promulgated by the department under s. 49.02 (7) (a).

AB150, s. 2746 Section 2746 . 49.035 (6m) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1009,22 49.035 (6m) Notwithstanding sub. (6), the department may deny any claim for partial reimbursement of eligible emergency medical relief costs under this section if the county or tribal governing body fails to comply with the emergency medical relief requirements contained in this chapter subchapter or in rules promulgated by the department under s. 49.02 (7) (a).

****Note: This is reconciled s. 49.035 (6m). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2747 Section 2747. 49.035 (7) of the statutes is repealed.

AB150, s. 2748 Section 2748. 49.037 of the statutes is repealed.