AB150: Bill Text

AB150,1061,25 49.35 Public assistance; supervisory functions of department. (1) (a) The department shall supervise the administration of programs under this subchapter. The department shall submit to the federal authorities state plans for the administration of programs under this subchapter in such form and containing such information as the federal authorities require, and shall comply with all requirements prescribed to ensure their correctness.

AB150,1062,8 (b) All records of the department and all county records relating to programs under this subchapter and aid under s. 49.18, 1971 stats., s. 49.20, 1971 stats., and s. 49.61, 1971 stats., as affected by chapter 90, laws of 1973, shall be open to inspection at all reasonable hours by authorized representatives of the federal government. Notwithstanding s. 48.396 (2), all county records relating to the administration of the services and public assistance specified in this paragraph shall be open to inspection at all reasonable hours by authorized representatives of the department.

AB150,1062,19 (bm) All records of the department relating to aid provided under s. 49.19 are open to inspection at reasonable hours by members of the legislature who require the information contained in the records in pursuit of a specific state legislative purpose. All records of any county relating to aid provided under s. 49.19 are open to inspection at reasonable hours by members of the board of supervisors of the county or the governing body of a city, village or town located in the county who require the information contained in the records in pursuit of a specific county or municipal legislative purpose. The right to records access provided by this paragraph does not apply if access is prohibited by federal law or regulation or if this state is required to prohibit such access as a condition precedent to participation in a federal program in which this state participates.

AB150,1063,3 (c) The department may at any time audit all county records relating to the administration of the services and public assistance specified in this section and may at any time conduct administrative reviews of county departments under ss. 46.215, 46.22 and 46.23. If the department conducts such an audit or administrative review in a county, the department shall furnish a copy of the audit or administrative review report to the chairperson of the county board of supervisors and the county clerk in a county with a single-county department or to the county boards of supervisors and the county clerks in counties with a multicounty department, and to the director of the county department under s. 46.215, 46.22 or 46.23.

AB150,1063,5 (2) The county administration of all laws relating to programs under this subchapter shall be vested in the officers and agencies designated in the statutes.

AB150, s. 2939 Section 2939. 49.41 of the statutes is amended to read:

AB150,1063,11 49.41 Assistance grants exempt from levy. All grants of aid to families with dependent children, payments made for social services, cash benefits paid by counties under s. 59.07 (154), and benefits under ss. 49.032, 49.046 and s. 49.177 or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment and every other process and shall be inalienable.

****Note: This is reconciled s. 49.41. This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2940 Section 2940. 49.41 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.96 and amended to read:

AB150,1063,18 49.96 Assistance grants exempt from levy. All grants of aid to families with dependent children, payments made for social services, cash benefits paid by counties under s. 59.07 (154), and benefits under s. 49.177 49.77 or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment and every other process and shall be inalienable.

****Note: This is reconciled s. 49.41. This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2941 Section 2941. Subchapter IV (title) of chapter 49 [precedes 49.43] of the statutes is created to read:

AB150,1063,21 Chapter 49

AB150,1064,2 Subchapter IV Medical assistance

AB150, s. 2942 Section 2942. The unnumbered subchapter title preceding 49.43 of the statutes is repealed.

****Note: This is the reconciled unnumbered subchapter title preceding s. 49.43. This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2943 Section 2943. 49.43 (1) of the statutes is renumbered 49.43 (1m).

AB150, s. 2944 Section 2944. 49.43 (3e) of the statutes is created to read:

AB150,1064,7 49.43 (3e) "Department" means the department of health and social services.

AB150, s. 2945 Section 2945. 49.43 (10) of the statutes is amended to read:

AB150,1064,12 49.43 (10) "Provider" means a person, corporation, limited liability company, partnership, unincorporated business or professional association and any agent or employe thereof who provides medical assistance under ss. 49.45 to 49.47, 49.49 and 49.495.

AB150, s. 2946 Section 2946. 49.43 (10s) of the statutes is created to read:

AB150,1064,14 49.43 (10s) "Secretary" means the secretary of health and social services.

AB150, s. 2947 Section 2947. 49.45 (2) (a) 15. of the statutes is amended to read:

AB150,1064,18 49.45 (2) (a) 15. Routinely provide notification to persons eligible for medical assistance under ss. 49.46 to 49.47, or such persons' guardians, of the department's access to provider records.

AB150, s. 2948 Section 2948. 49.45 (2) (a) 22. of the statutes is repealed.

AB150, s. 2949 Section 2949. 49.45 (2) (a) 23. of the statutes is created to read:

AB150,1065,2 49.45 (2) (a) 23. Promulgate rules that define "supportive services", "personal services" and "nursing services" provided in an assisted living facility, as defined under s. 50.02 (1d), for purposes of reimbursement under ss. 46.27 (11) (c) 7. and 46.277 (5) (e).

AB150, s. 2950 Section 2950. 49.45 (2) (b) 4. of the statutes is amended to read:

AB150,1065,7 49.45 (2) (b) 4. Audit claims filed by any provider of medical assistance, and as part of that audit, request of any such provider, and review, medical records of individuals who have received benefits under the medical assistance program, or under s. 49.046.

AB150, s. 2951 Section 2951. 49.45 (3) (a) of the statutes is amended to read:

AB150,1065,13 49.45 (3) (a) Reimbursement shall be made to each county department under ss. 46.215, 46.22 and 46.23 for the administrative services performed in the medical assistance program on the basis of s. 49.52 49.33 (8). For purposes of reimbursement under this paragraph, assessments completed under s. 46.27 (6) (a) are administrative services performed in the medical assistance program.

AB150, s. 2952 Section 2952. 49.45 (3) (cm) of the statutes is created to read:

AB150,1065,19 49.45 (3) (cm) 1. In this paragraph, "best price" means, with respect to any service, the lowest price that a provider has accepted or agreed to accept as payment from any 3rd-party payer, including medicare, a self-insured plan and an insurer, as defined under s. 600.03 (27), for a like service provided to a customer during the same month that the service is provided.

AB150,1065,23 2. Except as provided in subd. 4., the department may require, as a condition of reimbursement, that providers of services charge the department the lesser of the following when claiming reimbursement for medical assistance services, unless a different price is set by contract:

AB150,1065,24 a. The provider's best price for the service.

AB150,1065,25 b. The provider's actual cost for the service.

AB150,1066,2 3. When a provider is required to charge the department a price under subd. 2., the department may not reimburse the provider for more than that amount.

AB150,1066,4 4. This paragraph does not apply to services under s. 49.46 (2) (a) 4. a., b., or c., (b) 6. e. or 8.

AB150, s. 2953 Section 2953. 49.45 (5) of the statutes is amended to read:

AB150,1066,9 49.45 (5) Appeal. Any person whose application for medical assistance is denied or is not acted upon promptly or who believes that the payments made in the person's behalf have not been properly determined may file an appeal with the department pursuant to s. 49.50 (8) 49.21 (1).

AB150, s. 2954 Section 2954. 49.45 (5m) (a) of the statutes is amended to read:

AB150,1066,17 49.45 (5m) (a) Notwithstanding sub. (3) (e), from the appropriations under s. 20.435 (1) (b) and (o) the department shall distribute not more than $2,256,000 in each of fiscal years 1993-94 and 1994-95 year, to provide supplemental funds to rural hospitals that, as determined by the department, have high utilization of inpatient services by patients whose care is provided from governmental sources, except that the department may not distribute funds to a rural hospital to the extent that the distribution would exceed any limitation under 42 USC 1396b (i) (3).

AB150, s. 2955 Section 2955. 49.45 (6b) (a) of the statutes is amended to read:

AB150,1066,21 49.45 (6b) (a) Beginning in fiscal year 1994-95 1995-96, for relocations from the central Wisconsin center for the developmentally disabled, by $55.77 $232 per day.

AB150, s. 2956 Section 2956. 49.45 (6b) (b) of the statutes is amended to read:

AB150,1066,25 49.45 (6b) (b) Beginning in fiscal year 1994-95 1995-96, for relocations from the northern Wisconsin center for the developmentally disabled, by $49.06 $225 per day.

AB150, s. 2957 Section 2957. 49.45 (6b) (c) of the statutes is amended to read:

AB150,1067,4 49.45 (6b) (c) Beginning in fiscal year 1994-95 1995-96, for relocations from the southern Wisconsin center for the developmentally disabled, by $48.37 $173 per day.

AB150, s. 2958 Section 2958. 49.45 (6c) (d) 1. of the statutes is amended to read:

AB150,1067,25 49.45 (6c) (d) 1. No payment may be made under sub. (6m) to a facility or to an institution for mental diseases for the care of an individual who is otherwise eligible for medical assistance under s. 49.46 or 49.47, who has developmental disability or mental illness and for whom under par. (b) or (c) it is determined that he or she does not need facility care, unless it is determined that the individual requires active treatment for developmental disability or active treatment for mental illness and has continuously resided in a facility or institution for mental diseases for at least 30 months prior to the date of the determination. If that individual requires active treatment and has so continuously resided, he or she shall be offered the choice of receiving active treatment for developmental disability or active treatment for mental illness in the facility or institution for mental diseases or in an alternative setting. A facility resident who has developmental disability or mental illness, for whom under par. (c) it is determined that he or she does not need facility care and who has not continuously resided in a facility for at least 30 months prior to the date of the determination, may not continue to reside in the facility after December 31, 1993, and shall, if the department so determines, be relocated from the facility after March 31, 1990, and before December 31, 1993. The county department shall be responsible for securing alternative residence on behalf of an individual who is required to be relocated from a facility under this subdivision, and the facility shall cooperate with the county department in the relocation.

AB150, s. 2959 Section 2959. 49.45 (6c) (d) 2. of the statutes is amended to read:

AB150,1068,8 49.45 (6c) (d) 2. Payment may be made under sub. (6m) to a facility or institution for mental diseases for the care of an individual who is otherwise eligible for medical assistance under s. 49.46 or 49.47 and who has developmental disability or mental illness and is determined under par. (b) or (c) to need facility care, regardless of whether it is determined under par. (b) or (c) that the individual does or does not require active treatment for developmental disability or active treatment for mental illness.

AB150, s. 2960 Section 2960. 49.45 (6m) (ag) 3m. of the statutes is amended to read:

AB150,1068,14 49.45 (6m) (ag) 3m. For state fiscal year 1993-94 1995-96, rates that shall be set by the department based on information from cost reports for the 1992 1994 fiscal year of the facility and for state fiscal year 1994-95 1996-97, rates that shall be set by the department based on information from cost reports for the 1993 1995 fiscal year of the facility.

AB150, s. 2961 Section 2961. 49.45 (6m) (ag) 8. of the statutes is amended to read:

AB150,1069,2 49.45 (6m) (ag) 8. Calculation of total payments and supplementary payments to facilities that permits an increase in funds allocated under s. 20.435 (1) (b) and (o) for nursing home care provided medical assistance recipients over that paid for services provided in state fiscal year 1992-93 1994-95 of no more than 3.58% 4.25% during state fiscal year 1993-94 1995-96 and over that paid for services provided in state fiscal year 1993-94 1995-96 of no more than 3.57% 5% during state fiscal year 1994-95 1996-97, excluding increases in total payments attributable to increases in recipient utilization of facility care, payments for the provision of active treatment to facility residents with developmental disability or chronic mental illness and payments for preadmission screening of facility applicants and annual reviews of facility residents required under 42 USC 1396r (e).

AB150, s. 2962 Section 2962. 49.45 (6m) (am) 5. of the statutes is amended to read:

AB150,1069,7 49.45 (6m) (am) 5. Allowable administrative and general costs, including costs related to the facility's overall management and administration and allowable expenses that are not recognized or reimbursed in other cost centers and including the costs of commercial estimators approved by the department under par. (ar) 6.

AB150, s. 2963 Section 2963. 49.45 (6m) (am) 5m. of the statutes is created to read:

AB150,1069,11 49.45 (6m) (am) 5m. Allowable interest expense of the facility, less interest income of the facility and less interest income of affiliated entities, to the extent required under the approved state plan for services under 42 USC 1396.

AB150, s. 2964 Section 2964. 49.45 (6m) (ar) 1. c. of the statutes is amended to read:

AB150,1069,18 49.45 (6m) (ar) 1. c. If a facility has an approved program for provision of service to emotionally disturbed or mentally retarded residents, residents dependent upon ventilators, or residents requiring supplemental skilled care due to complex medical conditions, a supplement to the direct care component of the facility rate under subd. 1. b. may be made to that facility according to a method developed by the department.

AB150, s. 2965 Section 2965. 49.45 (6m) (ar) 6. of the statutes is amended to read:

AB150,1069,25 49.45 (6m) (ar) 6. Capital payment shall be based on a replacement value for a facility, as. The replacement value shall be determined by a commercial estimator with which contracted for by the department has contracted for service, and paid for by the facility. The replacement value shall be subject to limitations determined by the department, except that the department may not reduce final capital payment of a facility by more than $3.50 per patient day.

AB150, s. 2966 Section 2966. 49.45 (6m) (av) 2. of the statutes is amended to read:

AB150,1070,6 49.45 (6m) (av) 2. The department shall compile an average payment rate for each facility based on that facility's rates for cost centers described under par. (am) 1. to 5. that were in effect on June 30 of the previous year, 1994. The department may develop a method for adjusting the facility's rate for the cost center under par. (am) 1. in compiling the average payment rate under this subdivision.

AB150, s. 2967 Section 2967. 49.45 (6m) (av) 4. of the statutes is amended to read:

AB150,1070,12 49.45 (6m) (av) 4. If the facility's payment rate under subd. 1. is a decrease from its average payment rate from the previous year under subd. 2., and if the figure calculated under subd. 3. exceeds the payment rate for the facility under subd. 1., the facility's average payment rate shall be the greater of its average payment rate under subd. 2. or its rate under subd. 1.

AB150, s. 2968 Section 2968. 49.45 (6m) (bm) 4. of the statutes is repealed.

AB150, s. 2969 Section 2969. 49.45 (6m) (br) 1. of the statutes is amended to read:

AB150,1070,21 49.45 (6m) (br) 1. Notwithstanding s. 20.435 (1) (cb), (3) (cd), (4) (de) or (eb) or (7) (b) or 20.445 (3) (de), the department shall reduce allocations of funds to counties in the amount of the disallowance from the appropriations under s. 20.435 (1) (cb), (3) (cd), (4) (de) or (eb) or (7) (b), or the department shall direct the department of industry, labor and human relations to reduce allocations of funds to counties in the amount of the disallowance from the appropriation under s. 20.445 (3) (de), in accordance with s. 16.544 to the extent applicable.

AB150, s. 2970 Section 2970. 49.45 (6m) (c) 6. of the statutes is created to read:

AB150,1070,24 49.45 (6m) (c) 6. Provide, upon request, such information as the department considers necessary to determine allowable interest expenses under par. (am) 5m.

AB150, s. 2971 Section 2971. 49.45 (6m) (h) of the statutes is amended to read:

AB150,1071,6 49.45 (6m) (h) The department may require by rule that all claims for payment of services provided facility residents under this chapter subchapter be submitted or countersigned by the respective facility administrator. The department may specify those categories of services for which payment will be made only if the services are rendered or authorized in writing by a primary health care provider designated by the recipient for the particular category of services.

AB150, s. 2972 Section 2972. 49.45 (6m) (i) 1. of the statutes is amended to read:

AB150,1071,11 49.45 (6m) (i) 1. On or after October 1, 1981, unless subd. 1m. or 2. applies, medical assistance payment for inpatient nursing care may only be provided for persons eligible under s. 49.46 and receiving skilled, intermediate or limited levels of nursing care as these levels are defined under s. HSS 132.13, Wis. adm. code.

AB150, s. 2973 Section 2973. 49.45 (6m) (i) 1m. of the statutes is created to read:

AB150,1071,18 49.45 (6m) (i) 1m. After December 30, 1995, if a waiver is granted and remains in effect as specified in s. 49.47 (6) (am) 2., medical assistance payment for skilled nursing services, as specified in s. 49.46 (2) (a) 4. c., and for intermediate care services, as specified in s. 49.46 (2) (b) 6. a., may be provided for persons described under subd. 1. and for persons who meet the conditions specified in s. 49.47 (6) (am) 1. a. to d.

AB150, s. 2974 Section 2974. 49.45 (6m) (L) of the statutes is created to read:

AB150,1071,24 49.45 (6m) (L) For purposes of ss. 46.27 (11) (c) 7. and 46.277 (5) (e), the department shall, by July 1 annually, , determine the statewide reimbursement rate under this subsection and submit the figure to the department of administration for review. The department of administration shall approve the rate before the rate may be used under s. 46.27 (11) (c) 7. or 46.277 (5) (e).

AB150, s. 2975 Section 2975. 49.45 (6t) of the statutes is created to read:

AB150,1072,7 49.45 (6t) County department operating deficit reduction. From the appropriation under s. 20.435 (1) (o), for reduction of operating deficits, as defined under criteria developed by the department, incurred by a county department under s. 46.215, 46.22 or 46.23 for services provided under s. 49.46 (2) (a) 4. d. and (b) 6. f., the department shall allocate up to $4,500,000 in each fiscal year to these county departments, as determined by the department, and shall perform all of the following:

AB150,1072,11 (a) For the reduction of operating deficits incurred by the county departments, estimate the availability of federal medicaid funds that may be matched to county funds that are expended for costs in excess of reimbursement for services provided under s. 49.46 (2) (a) 4. d. and (b) 6. f.

AB150,1072,15 (b) Based on the amount estimated to be available under par. (a), develop a method, which need not be promulgated as rules under ch. 227, to distribute this allocation to the individual county departments under s. 46.215, 46.22 or 46.23 that have incurred operating deficits that shall include all of the following:

AB150,1072,16 1. Development of criteria for determining operating deficits.

AB150,1072,18 2. Agreement, by the county in which is located a county department that has an operating deficit, to provide funds to match federal medicaid funds.

AB150,1072,19 3. Consideration of the size of a county department's operating deficit.