AB100: Bill Text

AB100,832,12 49.45 (6m) (ag) 8. Calculation of total payments and supplementary payments to facilities that permits an aggregate increase in funds allocated under s. 20.435 (1) (5) (b) and (o) for nursing home care provided medical assistance recipients, including an increase resulting in adjustment of facility base rates and percentage increases over facility base rates, over that paid for services provided in state fiscal year 1994-95 1996-97 of no more than 4.25% 6.1% or $50,975,000, whichever is less, during state fiscal year 1995-96 and 1997-98; and calculation of total payments and supplementary payments to facilities that permits an aggregate increase in funds allocated under s. 20.435 (5) (b) and (o) for nursing home care provided medical assistance recipients, including a percentage increase over facility base rates, over that paid for services provided in state fiscal year 1995-96 1997-98 of no more than 3.5% or $30,322,500, whichever is less, during state fiscal year 1996-97, excluding 1998-99. Calculation of total payments and supplementary payments under this subdivision excludes 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).

AB100, s. 1922 Section 1922. 49.45 (6m) (ap) of the statutes is created to read:

AB100,832,18 49.45 (6m) (ap) If the bed occupancy of a nursing home is below the minimum patient day occupancy standards that are established by the department under par. (ar) (intro.), the department may approve a request by the nursing home to delicense any of the nursing home's licensed beds. If the department approves the nursing home's request, all of the following apply:

AB100,832,20 1. The department shall delicense the number of beds in accordance with the nursing home's request.

AB100,832,23 2. The department may not include the number of beds of the nursing home that the department delicenses under this paragraph in determining the costs per patient day under the minimum patient day occupancy standards under par. (ar).

AB100,832,25 3. The nursing home may not use or sell a bed that is delicensed under this paragraph.

AB100,833,8 4. Every 12 months following the delicensure of a bed under this paragraph, for which a nursing home has not resumed licensure under subd. 5., the department shall reduce the licensed bed capacity of the nursing home by 10% of all of the nursing home's beds that remain delicensed under this paragraph or by 25% of one bed, whichever is greater. The department shall reduce the statewide maximum number of licensed nursing home beds under s. 150.31 (1) (intro.) by the number or portion of a number of beds by which the nursing home's licensed bed capacity is reduced under this subdivision.

AB100,833,16 5. A nursing home retains the right to resume licensure of a bed of the nursing home that was delicensed under this paragraph unless the licensed bed capacity of the nursing home has been reduced by that bed under subd. 4. The nursing home may not resume licensure of a fraction of a bed. The nursing home may resume licensure 18 months after the nursing home notifies the department in writing that the nursing home intends to resume the licensure. If a nursing home resumes licensure of a bed under this subdivision, subd. 2 does not apply with respect to that bed.

AB100, s. 1923 Section 1923. 49.45 (6m) (ar) 1. a. of the statutes is amended to read:

AB100,834,4 49.45 (6m) (ar) 1. a. The department shall establish standards for payment of allowable direct care costs, for facilities that do not primarily serve the developmentally disabled, that are at least 110% of not less than the median for direct care costs for a sample of all of those facilities that do not primarily serve the developmentally disabled in this state and separate standards for payment of allowable direct care costs, for facilities that primarily serve the developmentally disabled, that are at least 110% of not less than the median for direct care costs for a sample of all of those facilities primarily serving the developmentally disabled in this state. The standards shall be adjusted by the department for regional labor cost variations. The department may decrease the percentage established for the standards only if amounts available under par. (ag) (intro.) are insufficient to provide total payment under par. (am), less capital costs under subd. 6.

AB100, s. 1924 Section 1924. 49.45 (6m) (br) 1. of the statutes is amended to read:

AB100,834,15 49.45 (6m) (br) 1. Notwithstanding s. 20.410 (3) (cd), 20.435 (1) (5) (bt) or (bu) or (7) (b) or 20.445 (3) (de) (dz), the department shall reduce allocations of funds to counties in the amount of the disallowance from the appropriations appropriation account under s. 20.410 (3) (cd) or 20.435 (1) (5) (bt) or (bu) or (7) (b), or the department shall direct the department of industry, labor and job development to reduce allocations of funds to counties or Wisconsin works agencies in the amount of the disallowance from the appropriation account under s. 20.445 (3) (de) or (dz) or direct the department of corrections to reduce allocations of funds to counties in the amount of the disallowance from the appropriation account under s. 20.410 (3) (cd), in accordance with s. 16.544 to the extent applicable.

AB100, s. 1925 Section 1925. 49.45 (6s) of the statutes is repealed.

AB100, s. 1926 Section 1926. 49.45 (6t) (intro.) of the statutes is amended to read:

AB100,835,3 49.45 (6t) County department and local health department operating deficit reduction. (intro.) From the appropriation under s. 20.435 (1) (5) (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, 46.23 or 51.42 or by a local health department, as defined in s. 250.01 (4), for services provided under s. 49.46 (2) (a) 4. d. and (b) 6. f., j., k. and L., 9. and 15., for case management services under s. 49.46 (2) (b) 12. and for mental health day treatment services for minors provided under the authorization under 42 USC 1396d (r) (5), the department shall allocate up to $4,500,000 in each fiscal year to these county departments, or local health departments as determined by the department, and shall perform all of the following:

AB100, s. 1927 Section 1927. 49.45 (6t) (d) of the statutes is amended to read:

AB100,835,9 49.45 (6t) (d) If the federal department of health and human services approves for state expenditure in a fiscal year amounts under s. 20.435 (1) (5) (o) that result in a lesser allocation amount than that allocated under this subsection or disallows use of the allocation of federal medicaid funds under par. (c), reduce allocations under this subsection and distribute on a prorated basis, as determined by the department.

AB100, s. 1928 Section 1928. 49.45 (6u) (intro.) of the statutes is amended to read:

AB100,835,25 49.45 (6u) (title) Facility operating deficit reduction Supplemental payments to county homes. (intro.) Except as provided in par. (g) Notwithstanding sub. (6m), from the appropriation under s. 20.435 (1) (5) (o), for reduction of operating deficits, as defined under criteria developed by the department, incurred by a facility, as defined under sub. (6m) (a) 2. 3., that is established under s. 49.70 (1) or that is owned and operated by a city, village or town, the department shall may not distribute to these facilities not more than $18,600,000 $38,600,000 in each fiscal year, as determined by the department, and except that the department shall also distribute for this same purpose from the appropriation under s. 20.435 (5) (o) any additional federal medical assistance moneys that were not anticipated before enactment of the biennial budget act or other legislation affecting s. 20.435 (5) (o) and that were not used to fund nursing home rate increases under sub. (6m) (ag) 8. The total amount that a county certifies under this subsection may not exceed 100% of otherwise-unreimbursed care. In distributing funds under this subsection, the department shall perform all of the following:

AB100, s. 1929 Section 1929. 49.45 (6u) (d) of the statutes is amended to read:

AB100,836,6 49.45 (6u) (d) If the federal department of health and human services approves for state expenditure in a fiscal year amounts under s. 20.435 (1) (5) (o) that result in a lesser allocation amount than that allocated under this subsection, allocate not more than the lesser amount so approved by the federal department of health and human services.

AB100, s. 1930 Section 1930. 49.45 (6u) (e) of the statutes is amended to read:

AB100,836,12 49.45 (6u) (e) If the federal department of health and human services approves for state expenditure in a fiscal year amounts under s. 20.435 (1) (5) (o) that result in a lesser allocation amount than that allocated under this subsection, submit a revision of the method developed under par. (b) for approval by the joint committee on finance in that state fiscal year.

AB100, s. 1931 Section 1931. 49.45 (6u) (f) of the statutes is amended to read:

AB100,836,16 49.45 (6u) (f) If the federal department of health and human services disallows use of the allocation of matching federal medical assistance funds distributed under par. (c), apply the requirements under sub. (6m) (br) shall apply.

AB100, s. 1932 Section 1932. 49.45 (6u) (g) of the statutes is amended to read:

AB100,836,22 49.45 (6u) (g) If a facility that is otherwise eligible for an allocation of funds under this section is found by the federal health care financing administration or the department to be an institution for mental diseases, as defined under 42 CFR 435.1009, the department may not allocate cease distributing to that facility funds under this section after the date on which the finding is made.

AB100, s. 1933 Section 1933. 49.45 (6w) (intro.) of the statutes is amended to read:

AB100,837,5 49.45 (6w) Hospital operating deficit reduction. (intro.) From the appropriation under s. 20.435 (1) (5) (o), for reduction of operating deficits, as defined under criteria developed by the department, incurred by a hospital, as defined under s. 50.33 (2) (a) and (b), that is operated by the state, established under s. 49.71 or owned and operated by a city or village, the department shall allocate up to $3,300,000 in each fiscal year to these hospitals, as determined by the department, and shall perform all of the following:

AB100, s. 1934 Section 1934. 49.45 (6w) (d) of the statutes is amended to read:

AB100,837,11 49.45 (6w) (d) If the federal department of health and human services approves for state expenditure in a fiscal year amounts under s. 20.435 (1) (5) (o) that result in a lesser allocation amount than that allocated under this subsection or disallows use of the allocation of federal medicaid funds under par. (c), reduce allocations under this subsection and distribute on a prorated basis, as determined by the department.

AB100, s. 1935 Section 1935. 49.45 (6x) (a) of the statutes is amended to read:

AB100,837,17 49.45 (6x) (a) Notwithstanding sub. (3) (e), from the appropriations under s. 20.435 (1) (5) (b) and (o) the department shall distribute not more than $4,748,000 in each fiscal year, to provide funds to an essential access city hospital, except that the department may not allocate funds to an essential access city hospital to the extent that the allocation would exceed any limitation under 42 USC 1396b (i) (3).

AB100, s. 1936 Section 1936. 49.45 (6x) (d) of the statutes is amended to read:

AB100,837,23 49.45 (6x) (d) If the federal department of health and human services approves for state expenditure in any state fiscal year amounts under s. 20.435 (1) (5) (o) that result in a lesser distribution amount than that distributed under this subsection or disallows use of federal medicaid funds under par. (a), the department of health and family services shall reduce the distributions under this subsection.

AB100, s. 1937 Section 1937. 49.45 (6y) (a) of the statutes is amended to read:

AB100,838,10 49.45 (6y) (a) Notwithstanding sub. (3) (e), from the appropriations under s. 20.435 (1) (5) (b) and (o) the department shall distribute funding in each fiscal year to provide supplemental payment to hospitals that enter into a contract under s. 49.02 (2) to provide health care services funded by a relief block grant, as determined by the department, for hospital services that are not in excess of the hospitals' customary charges for the services, as limited under 42 USC 1396b (i) (3). If no relief block grant is awarded under this chapter or if the allocation of funds to such hospitals would exceed any limitation under 42 USC 1396b (i) (3), the department may distribute funds to hospitals that have not entered into a contract under s. 49.02 (2).

AB100, s. 1938 Section 1938. 49.45 (6z) (a) (intro.) of the statutes is amended to read:

AB100,838,22 49.45 (6z) (a) (intro.) Notwithstanding sub. (3) (e), from the appropriations under s. 20.435 (1) (5) (b) and (o) the department shall distribute funding in each fiscal year to supplement payment for services to hospitals that enter into a contract under s. 49.02 (2) to provide health care services funded by a relief block grant under this chapter, if the department determines that the hospitals serve a disproportionate number of low-income patients with special needs. If no medical relief block grant under this chapter is awarded or if the allocation of funds to such hospitals would exceed any limitation under 42 USC 1396b (i) (3), the department may distribute funds to hospitals that have not entered into a contract under s. 49.02 (2). The department may not distribute funds under this subsection to the extent that the distribution would do any of the following:

AB100, s. 1939 Section 1939. 49.45 (8) (b) of the statutes is amended to read:

AB100,839,3 49.45 (8) (b) Reimbursement under s. 20.435 (1) (5) (b) and (o) for home health services provided by a certified home health agency or independent nurse shall be made at the home health agency's or nurse's usual and customary fee per patient care visit, subject to a maximum allowable fee per patient care visit that is established under par. (c).

AB100, s. 1940 Section 1940. 49.45 (8e) of the statutes is repealed.

AB100, s. 1941 Section 1941. 49.45 (8m) (intro.) of the statutes is amended to read:

AB100,839,10 49.45 (8m) Rates for respiratory care services. (intro.) Notwithstanding the limits under subs. (8) and (8e) limit under sub. (8), the rates under sub. (8) and rates charged by providers under s. 49.46 (2) (a) 4. d. that are not home health agencies, for reimbursement for respiratory care services for ventilator-dependent individuals under ss. 49.46 (2) (b) 6. m. and 49.47 (6) (a) 1., shall be as follows:

AB100, s. 1942 Section 1942. 49.45 (8r) of the statutes is amended to read:

AB100,839,19 49.45 (8r) Payment for certain obstetric and gynecological care. The rate of payment for obstetric and gynecological care provided in primary care health professional shortage areas, as defined in s. 560.184 (1) (c) 560.183 (1) (cm), or provided to recipients of medical assistance who reside in primary care health professional shortage areas, that is equal to 125% of the rates paid under this section to primary care physicians in primary care health professional shortage areas, shall be paid to all certified primary care providers who provide obstetric or gynecological care to those recipients.

AB100, s. 1943 Section 1943. 49.45 (24m) (intro.) of the statutes is amended to read:

AB100,839,25 49.45 (24m) Home health care and personal care pilot program. (intro.) From the appropriations under s. 20.435 (1) (5) (b) and (o), in order to test the feasibility of instituting a system of reimbursement for providers of home health care and personal care services for medical assistance recipients that is based on competitive bidding, the department shall:

AB100, s. 1944 Section 1944. 49.45 (25) (am) 14. of the statutes is created to read:

AB100,840,4 49.45 (25) (am) 14. Is a woman who is aged 45 to 64 and who is not a resident of a nursing home or otherwise receiving case management services under this paragraph.

AB100, s. 1945 Section 1945. 49.45 (25) (b) of the statutes is amended to read:

AB100,840,14 49.45 (25) (b) A county, city, village or , town or, in a county having a population of 500,000 or more, the department may elect to make case management services under this subsection available in the county, city, village or town to one or more of the categories of beneficiaries under par. (am) through the medical assistance program. A county, city, village or, town or, in a county having a population of 500,000 or more, the department that elects to make the services available shall reimburse a case management provider for the amount of the allowable charges for those services under the medical assistance program that is not provided by the federal government.

AB100, s. 1946 Section 1946. 49.45 (25) (be) of the statutes is amended to read:

AB100,840,21 49.45 (25) (be) A private nonprofit agency that is a certified case management provider may elect to provide case management services to medical assistance beneficiaries who have HIV infection, as defined in s. 252.01 (2). The amount of the allowable charges for those services under the medical assistance program that is not provided by the federal government shall be paid from the appropriation under s. 20.435 (1) (5) (am).

AB100, s. 1947 Section 1947. 49.45 (41) (a) 1. of the statutes is amended to read:

AB100,841,2 49.45 (41) (a) 1. "Mental health crisis intervention services" means services that are provided by a mental health crisis intervention program operated by, or under contract with, a county or, municipality or, in a county having a population of 500,000 or more, the department, if the county or, municipality or department is certified as a medical assistance provider.

AB100, s. 1948 Section 1948. 49.45 (41) (b) of the statutes is amended to read:

AB100,841,17 49.45 (41) (b) If a county or, municipality or, in a county having a population of 500,000 or more, the department elects to become certified as a provider of mental health crisis intervention services, the county or, municipality or department may provide mental health crisis intervention services under this subsection in the county or municipality to medical assistance recipients through the medical assistance program. A county or, municipality or, in a county having a population of 500,000 or more, the department that elects to provide the services shall pay the amount of the allowable charges for the services under the medical assistance program that is not provided by the federal government. The subunit of the department administering the medical assistance program shall reimburse the county or, municipality or subunit of the department administering child welfare services in a county having a population of 500,000 or more under this subsection only for the amount of the allowable charges for those services under the medical assistance program that is provided by the federal government.

AB100, s. 1949 Section 1949. 49.46 (1) (a) 1. of the statutes is amended to read:

AB100,841,24 49.46 (1) (a) 1. Any person included in the grant of aid to families with dependent children and any person who does not receive such aid solely because of the application of s. 49.19 (11) (a) 7. This If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, this subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100, s. 1950 Section 1950. 49.46 (1) (a) 1m. of the statutes is amended to read:

AB100,842,7 49.46 (1) (a) 1m. Any pregnant woman who meets the resource and income limits under s. 49.19 (4) (bm) and (es) and whose pregnancy is medically verified. Eligibility continues to the last day of the month in which the 60th day after the last day of the pregnancy falls. This If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, this subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100, s. 1951 Section 1951. 49.46 (1) (a) 4m. of the statutes is created to read:

AB100,842,9 49.46 (1) (a) 4m. Any child for whom a payment is made under s. 49.775.

AB100, s. 1952 Section 1952. 49.46 (1) (a) 6. of the statutes is amended to read:

AB100,842,17 49.46 (1) (a) 6. Any person not described in pars. (c) to (e) who is considered, under federal law, to be receiving aid to families with dependent children for the purpose of determining eligibility for medical assistance. This If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, this subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100, s. 1953 Section 1953. 49.46 (1) (a) 9. of the statutes is amended to read:

AB100,842,24 49.46 (1) (a) 9. Any pregnant woman not described under subd. 1. or 1m. whose family income does not exceed 133% of the poverty line for a family the size of the woman's family. This If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, this subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100, s. 1954 Section 1954. 49.46 (1) (a) 10. of the statutes is amended to read:

AB100,843,6 49.46 (1) (a) 10. Any child not described under subd. 1. who is under 6 years of age and whose family income does not exceed 133% of the poverty line for a family the size of the child's family. This If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, this subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100, s. 1955 Section 1955. 49.46 (1) (a) 11. of the statutes is amended to read:

AB100,843,14 49.46 (1) (a) 11. Any child not described under subd. 1. who was born after September 30, 1983, who has attained the age of 6 but has not attained the age of 19 and whose family income does not exceed 100% of the poverty line for a family the size of the child's family. This If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, this subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100, s. 1956 Section 1956. 49.46 (1) (a) 12. of the statutes is amended to read:

AB100,843,21 49.46 (1) (a) 12. Any child not described under subd. 1. who is under 19 years of age and who meets the resource and income limits under s. 49.19 (4). This If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, this subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100, s. 1957 Section 1957. 49.46 (1) (a) 13. of the statutes is amended to read:

AB100,844,3 49.46 (1) (a) 13. Any child who is under one year of age, whose mother was determined to be eligible under subd. 9. and who lives with his or her mother. This If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, this subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100, s. 1958 Section 1958. 49.46 (1) (am) 3. of the statutes is amended to read:

AB100,844,7 49.46 (1) (am) 3. This If a waiver under s. 49.153 (1m) (a) is granted and in effect, this paragraph does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100, s. 1959 Section 1959. 49.46 (1) (c) (intro.) of the statutes is amended to read:

AB100,844,13 49.46 (1) (c) (intro.) Except as provided under pars. par. (co) and (cs), a family that becomes ineligible for aid to families with dependent children under s. 49.19 because of increased income from employment or increased hours of employment or because of the expiration of the time during which the disregards under s. 49.19 (5) (a) 4. or 4m. or (am) apply shall receive medical assistance for:

AB100, s. 1960 Section 1960. 49.46 (1) (cb) of the statutes is amended to read:

AB100,844,18 49.46 (1) (cb) Paragraph If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, par. (c) does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100, s. 1961 Section 1961. 49.46 (1) (cg) of the statutes is amended to read:

AB100,845,6 49.46 (1) (cg) Except as provided in par. (cs), medical Medical assistance shall be provided to a dependent child, a relative with whom the child is living or the spouse of the relative, if the spouse meets the requirements of s. 49.19 (1) (c) 2. a. or b., for 4 calendar months beginning with the month in which the child, relative or spouse is ineligible for aid to families with dependent children because of the collection or increased collection of maintenance or support, if the child, relative or spouse received aid to families with dependent children in 3 or more of the 6 months immediately preceding the month in which that ineligibility begins. This If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, this paragraph does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100, s. 1962 Section 1962. 49.46 (1) (co) 1. of the statutes is amended to read:

AB100,845,15 49.46 (1) (co) 1. Except as provided under subd. 2. and par. (cs), medical assistance shall be provided to a family for 12 consecutive calendar months following the month in which the family becomes ineligible for aid to families with dependent children because of increased income from employment, because the family no longer receives the earned income disregard under s. 49.19 (5) (a) 4. or 4m. or (am) due to the expiration of the time limit during which the disregards are applied or because of the application of the monthly employment time eligibility limitation under 45 CFR 233.100 (a) (1) (i).