AB150, s. 3004 8Section 3004. 49.455 (4) (d) of the statutes is created to read:
AB150,1081,109 49.455 (4) (d) The excess shelter allowance equals the amount by which 30%
10of the amount determined under par. (c) 1. a. is exceeded by the sum of the following:
AB150,1081,1311 1. The community spouse's expenses for rent or mortgage principal and
12interest, taxes and insurance for his or her principal residence and, if the community
13spouse lives in a condominium or cooperative, any required maintenance charge.
AB150,1081,18142. The standard utility allowance established under 7 USC 2014 (e), except that
15if the community spouse lives in a condominium or cooperative for which the
16maintenance charge includes utility expenses, the standard utility allowance under
177 USC 2014 (e) is reduced by the amount of the utility expenses included in the
18maintenance charge.
AB150, s. 3005 19Section 3005. 49.455 (6) (b) 1. of the statutes is amended to read:
AB150,1081,2520 49.455 (6) (b) 1. In 1989, $60,000; in a calendar year after 1989, 1996 and 1997,
21$12,000 increased by the same percentage as the percentage increase in the
22consumer price index between September 1988 and September of the year before the
23year involved. In all other years,
$60,000 increased by the same percentage as the
24percentage increase in the consumer price index between September 1988 and
25September of the year before the year involved.
AB150, s. 3006
1Section 3006. 49.455 (6) (b) 2. of the statutes is created to read:
AB150,1082,22 49.455 (6) (b) 2. The lesser of the following:
AB150,1082,33 a. The spousal share computed under sub. (5) (a) 1.
AB150,1082,64 b. In any year, $60,000 increased by the same percentage as the percentage
5increase in the consumer price index between September 1988 and September of the
6year before the year involved.
AB150, s. 3007 7Section 3007. 49.46 (1) (a) 4. of the statutes is amended to read:
AB150,1082,98 49.46 (1) (a) 4. Any person receiving benefits under s. 49.177 49.77 or federal
9Title XVI.
AB150, s. 3008 10Section 3008. 49.46 (1) (a) 15. of the statutes is created to read:
AB150,1082,1311 49.46 (1) (a) 15. Any individual who is infected with tuberculosis and meets the
12income and resource eligibility requirements for the federal supplemental security
13program under 42 USC 1381 to 1383d.
AB150, s. 3009 14Section 3009. 49.46 (1) (d) 4. of the statutes is amended to read:
AB150,1082,1615 49.46 (1) (d) 4. A child who meets the conditions under 42 USC 1396a (e) 3. (3)
16shall be considered a recipient of benefits under s. 49.177 49.77 or federal Title XVI.
AB150, s. 3010 17Section 3010. 49.46 (1) (e) of the statutes is amended to read:
AB150,1082,2318 49.46 (1) (e) If an application under s. 49.47 (3) shows that the person has
19income and resources within the limitations of s. 49.19, federal Title XVI or s. 49.177
2049.77, or that the person is an essential person, an accommodated person or a patient
21in a public medical institution, the person shall be granted the benefits enumerated
22under sub. (2) whether or not the person requests or receives a grant of any of such
23aids.
AB150, s. 3011 24Section 3011. 49.46 (2) (a) 2. of the statutes is amended to read:
AB150,1083,4
149.46 (2) (a) 2. Early and periodic screening and diagnosis, including case
2management services, of persons under 21 years of age and all medical treatment
3and dentists' services specified in par. (b) 1. found necessary by this screening and
4diagnosis.
AB150, s. 3012 5Section 3012. 49.46 (2) (a) 4. d. of the statutes is amended to read:
AB150,1083,86 49.46 (2) (a) 4. d. Home health services, subject to the limitations under s. 49.45
7(8) and (8e),
or nursing services, if a home health agency is unavailable, nursing
8services, subject to the limitation under s. 49.45 (8e)
.
AB150, s. 3013 9Section 3013. 49.46 (2) (a) 4. g. of the statutes is renumbered 49.46 (2) (a) 4m.
10and amended to read:
AB150,1083,1111 49.46 (2) (a) 4m. Nurse midwifery Nurse-midwifery services.
AB150, s. 3014 12Section 3014. 49.46 (2) (b) 1. a. of the statutes is repealed.
AB150, s. 3015 13Section 3015. 49.46 (2) (b) 1. b. of the statutes is repealed.
AB150, s. 3016 14Section 3016. 49.46 (2) (b) 1. c. of the statutes is repealed.
AB150, s. 3017 15Section 3017. 49.46 (2) (b) 1. d. of the statutes is repealed.
AB150, s. 3018 16Section 3018. 49.46 (2) (b) 1. e. of the statutes is repealed.
AB150, s. 3019 17Section 3019. 49.46 (2) (b) 1. f. of the statutes is repealed.
AB150, s. 3020 18Section 3020. 49.46 (2) (b) 6. j. of the statutes is repealed.
AB150, s. 3021 19Section 3021. 49.46 (2) (b) 6. k. of the statutes is amended to read:
AB150,1083,2220 49.46 (2) (b) 6. k. Alcohol and other drug abuse day treatment services. This
21subd. 6. k. does not apply after June 30, 1995, or the day after publication of the
221995-97 biennial budget act, whichever is later.
AB150, s. 3022 23Section 3022. 49.46 (2) (b) 14. of the statutes is created to read:
AB150,1083,2424 49.46 (2) (b) 14. School medical services under s. 49.45 (39).
AB150, s. 3023 25Section 3023. 49.46 (2) (b) 15. of the statutes is created to read:
AB150,1084,1
149.46 (2) (b) 15. Mental health crisis intervention services under s. 49.45 (41).
AB150, s. 3024 2Section 3024. 49.46 (2) (bm) of the statutes is created to read:
AB150,1084,53 49.46 (2) (bm) Benefits for an individual who is eligible for medical assistance
4only under sub. (1) (a) 15. are limited to those services related to tuberculosis that
5are described in 42 USC 1396a (z) (2).
AB150, s. 3025 6Section 3025. 49.46 (2) (d) of the statutes is amended to read:
AB150,1084,127 49.46 (2) (d) Benefits authorized under this subsection may not include
8payment for that part of any service payable through 3rd party liability or any
9federal, state, county, municipal or private benefit system to which the beneficiary
10is entitled. "Benefit system" does not include any public assistance program such as,
11but not limited to, Hill-Burton benefits under 42 USC 291c (e), in effect on April 30,
121980, or general emergency medical relief.
AB150, s. 3026 13Section 3026. 49.47 (4) (av) of the statutes is created to read:
AB150,1084,2014 49.47 (4) (av) 1. In this paragraph, "migrant worker" means any person who
15temporarily leaves a principal place of residence outside of this state and comes to
16this state for not more than 10 months in a year to accept seasonal employment in
17the planting, cultivating, raising, harvesting, handling, drying, packing, packaging,
18processing, freezing, grading or storing of any agricultural or horticultural
19commodity in its unmanufactured state. "Migrant worker" does not include any of
20the following:
AB150,1084,2421 a. A person who is employed only by a state resident if the resident or the
22resident's spouse is related to the person as the child, parent, grandchild,
23grandparent, brother, sister, aunt, uncle, niece, nephew, or the spouse of any such
24relative.
AB150,1085,3
1b. A student who is enrolled or, during the past 6 months has been enrolled, in
2any school, college or university unless the student is a member of a family or
3household which contains a migrant worker.
AB150,1085,54 c. Any other person qualifying for an exemption under rules promulgated by
5the department.
AB150,1085,116 2. The department shall request a waiver from the secretary of the federal
7department of health and human services to allow the application of subd. 3. The
8waiver shall also seek a waiver from those federal quality control standards under
9the medical assistance program that the department determines to be necessary in
10order to make the application of subd. 3. feasible. Subdivision 3. applies only while
11the waiver under this subdivision is in effect.
AB150,1085,1312 3. In determining the eligibility for a migrant worker and his or her dependents
13for medical assistance under this section, the department shall do all of the following:
AB150,1085,2114 a. Grant the migrant worker and his or her dependents eligibility for medical
15assistance in this state, if the migrant worker and his or her dependents have a valid
16medical assistance identification card issued in another state and the migrant
17worker completes a Wisconsin medical assistance application provided by the
18department. Eligibility under this subd. 3. a. continues for the period specified on
19the identification card issued in the other state. The department shall notify the
20other state that the migrant worker and his or her dependents are eligible for
21medical assistance in Wisconsin.
AB150,1085,2522 b. Determine medical assistance eligibility using an income-averaging method
23described in the waiver under subd. 2., if the migrant worker and his or her
24dependents do not meet the income limitations under par. (c) using prospective
25budgeting.
AB150, s. 3027
1Section 3027 . 49.47 (4) (c) 1. of the statutes is amended to read:
AB150,1086,122 49.47 (4) (c) 1. Except as provided in par. (am) and as limited by subd. subds.
33. and 4., eligibility exists if income does not exceed 133 1/3% of the maximum aid
4to families with dependent children payment under s. 49.19 (11) for the applicant's
5family size or the combined benefit amount available under supplemental security
6income under 42 USC 1381 to 1383c and state supplemental aid under s. 49.177
7whichever is higher. In this subdivision "income" includes earned or unearned
8income that would be included in determining eligibility for the individual or family
9under s. 49.177 or 49.19, or for the aged, blind or disabled under 42 USC 1381 to 1385.
10"Income" does not include earned or unearned income which would be excluded in
11determining eligibility for the individual or family under s. 49.177 or 49.19, or for the
12aged, blind or disabled individual under 42 USC 1381 to 1385.
AB150, s. 3028 13Section 3028 . 49.47 (4) (c) 1. of the statutes, as affected by 1995 Wisconsin Act
14.... (this act), is amended to read:
AB150,1086,2515 49.47 (4) (c) 1. Except as provided in par. (am) and subds. 3. and 4., eligibility
16exists if income does not exceed 133 1/3% of the maximum aid to families with
17dependent children payment under s. 49.19 (11) for the applicant's family size or the
18combined benefit amount available under supplemental security income under 42
19USC 1381
to 1383c and state supplemental aid under s. 49.177 49.77 whichever is
20higher. In this subdivision "income" includes earned or unearned income that would
21be included in determining eligibility for the individual or family under s. 49.177 or
2249.19 or 49.77, or for the aged, blind or disabled under 42 USC 1381 to 1385. "Income"
23does not include earned or unearned income which would be excluded in determining
24eligibility for the individual or family under s. 49.177 or 49.19 or 49.77, or for the
25aged, blind or disabled individual under 42 USC 1381 to 1385.

****Note: This is reconciled s. 49.47 (4) (c) 1. This Section has been affected by drafts with
the following LRB numbers: -2153/1 and -2406/2.
AB150, s. 3029 1Section 3029. 49.47 (4) (c) 3. of the statutes is repealed and recreated to read:
AB150,1087,42 49.47 (4) (c) 3. Notwithstanding the income limitations under sub. (4) (c) 1., an
3individual is eligible for medical assistance under this section if all of the following
4requirements are met:
AB150,1087,55 a. The individual is an individual described under par. (a) 3. or 4.
AB150,1087,86 b. The individual is eligible for medical assistance equal in amount, duration
7and scope to the medical assistance made available to individuals described in 42
8USC 1396a
(a) (10) (A).
AB150,1087,119c. The income of the individual, as determined under 42 USC 1382a without
10regard to 42 USC 1382a (b), does not exceed 225% of the supplemental security
11income benefit rate established under 42 USC 1382 (b) (1).
AB150, s. 3030 12Section 3030. 49.47 (4) (c) 4. of the statutes is created to read:
AB150,1087,2213 49.47 (4) (c) 4. The department shall request a waiver from the secretary of the
14federal department of health and human services to allow the department to receive
15federal financial participation to provide, after January 1, 1996, medical assistance
16benefits under this section, notwithstanding subd. 1. or 3., to persons who received
17skilled nursing care services or intermediate care services as a resident of a facility,
18as defined under s. 49.45 (6m) (a) 3., on January 1, 1996, as a medical assistance
19benefit and who would qualify for medical assistance benefits under this section if
20the percentage in subd. 3. c. were 300% instead of 225%. If the waiver under this
21subdivision is granted and in effect, persons covered by the waiver are eligible for
22medical assistance under this section.
AB150, s. 3031 23Section 3031. 49.47 (6) (a) 1. of the statutes is amended to read:
AB150,1088,3
149.47 (6) (a) 1. Except as provided in subds. 6. to 7., all beneficiaries, for all
2services under s. 49.46 (2) (a) and (b) other than services under s. 49.46 (2) (a) 4. c.
3and (b) 6. a
.
AB150, s. 3032 4Section 3032. 49.47 (6) (am) of the statutes is created to read:
AB150,1088,105 49.47 (6) (am) 1. The department shall request a waiver from the secretary of
6the federal department of health and human services to allow the department to
7receive federal financial participation to continue to provide, notwithstanding par.
8(a) 1., skilled nursing care services or intermediate care facility services as a medical
9assistance benefit under this section to an individual who meets all of the following
10conditions:
AB150,1088,1111 a. The individual is eligible for medical assistance benefits under this section.
AB150,1088,1412 b. The individual was receiving skilled nursing care services or intermediate
13care facility services as a resident of a facility, as defined under s. 49.45 (6m) (a) 3.,
14on January 1, 1996.
AB150,1088,1615 c. The skilled nursing care services or intermediate care facility services under
16subd. 1. b. were provided as a medical assistance benefit.
AB150,1088,2117 d. The individual has continued to receive skilled nursing care services or
18intermediate care facility services as a resident of a facility, as defined under s. 49.45
19(6m) (a) 3., or has received the services, provided as a medical assistance benefit, that
20are described in s. 46.27 (11m), 46.275 (5g), 46.277 (5g) (c) or 46.278 (6m) since
21January 1, 1996.
AB150,1088,2522 2. If the waiver under subd. 1. is granted and remains in effect, the department
23shall provide skilled nursing care services or intermediate care facility services as
24a medical assistance benefit to individuals covered by the waiver notwithstanding
25par. (a) 1.
AB150, s. 3033
1Section 3033. 49.47 (9m) (b) 5. a. of the statutes is repealed.
AB150, s. 3034 2Section 3034. 49.47 (9m) (b) 5. c. of the statutes is repealed.
AB150, s. 3035 3Section 3035. 49.48 (title) of the statutes is renumbered 49.68 (title).
AB150, s. 3036 4Section 3036. 49.48 (1) of the statutes is renumbered 49.68 (1).
AB150, s. 3037 5Section 3037. 49.48 (1m) of the statutes is renumbered 49.68 (1m).
AB150, s. 3038 6Section 3038. 49.48 (2) of the statutes is renumbered 49.68 (2).
AB150, s. 3039 7Section 3039. 49.48 (3) (title) of the statutes is renumbered 49.68 (3) (title).
AB150, s. 3040 8Section 3040. 49.48 (3) (a) of the statutes is renumbered 49.68 (3) (a) and
9amended to read:
AB150,1089,1310 49.68 (3) (a) Any permanent resident of this state who suffers from chronic
11renal disease may be accepted into the dialysis treatment phase of the renal disease
12control program if the resident meets standards set by rule under sub. (2) and s.
1349.487 49.687.
AB150, s. 3041 14Section 3041. 49.48 (3) (b) of the statutes is renumbered 49.68 (3) (b).
AB150, s. 3042 15Section 3042. 49.48 (3) (c) of the statutes is renumbered 49.68 (3) (c).
AB150, s. 3043 16Section 3043. 49.48 (3) (d) of the statutes is renumbered 49.68 (3) (d).
AB150, s. 3044 17Section 3044. 49.48 (3) (e) of the statutes is renumbered 49.68 (3) (e).
AB150, s. 3045 18Section 3045. 49.483 (title) of the statutes is renumbered 49.683 (title).
AB150, s. 3046 19Section 3046. 49.483 (1) of the statutes is renumbered 49.683 (1) and amended
20to read:
AB150,1089,2421 49.683 (1) The department may provide financial assistance for costs of
22medical care of persons over the age of 18 years with the diagnosis of cystic fibrosis
23who meet financial requirements established by the department by rule under s.
2449.487 (1) 49.687 (1).
AB150, s. 3047 25Section 3047. 49.483 (2) of the statutes is renumbered 49.683 (2).
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