LRB-1343/1
DAK:jld:pg
2007 - 2008 LEGISLATURE
February 9, 2007 - Introduced by Senators Roessler, Carpenter, Darling, Miller,
Harsdorf
and Leibham, cosponsored by Representatives Townsend, Kaufert,
Bies, Hahn, Jeskewitz, Wood, Lothian, Albers
and A. Ott. Referred to
Committee on Public Health, Senior Issues, Long Term Care and Privacy.
SB32,1,3 1An Act to repeal 46.277 (5) (g) 3.; and to amend 46.277 (5) (g) 1. of the statutes;
2relating to: diversions under a community integration program of Medical
3Assistance-eligible persons from imminent entry into nursing homes.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Health and Family Services (DHFS)
provides home or community-based care, under a waiver of federal Medicaid laws,
to Medical Assistance (MA) recipients who are relocated from nursing homes or who
meet MA level of care requirements for nursing home care. The community
integration program under which this care is provided is commonly known as "CIP
II." Under part of CIP II, DHFS is authorized to pay an enhanced rate for MA
services for persons who, on or after July 27, 2005, either are relocated from a nursing
home or meet MA level of care requirements and are diverted from imminent entry
into a nursing home, if the total number of persons served does not exceed the
number of delicensed nursing home beds. Payment of the enhanced rate for persons
who are diverted from imminent entry into a nursing home is limited to 150 persons,
but, if it is likely that the number of persons so diverted will exceed 150, DHFS may
submit a request to the Joint Committee on Finance (JCF) of the legislature, under
a passive review process, for approval to expand the number of that category of
persons served.
This bill eliminates the limitation on the number of persons who meet MA level
of care requirements and are diverted from imminent entry into a nursing home and
for whom an enhanced rate of payment for MA services may be made under CIP II.

The bill also eliminates authority for DHFS to submit a request to JCF for approval
to expand the number of that category of persons served.
For further information see the state and local 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:
SB32, s. 1 1Section 1. 46.277 (5) (g) 1. of the statutes is amended to read:
SB32,2,112 46.277 (5) (g) 1. The department may provide enhanced reimbursement for
3services provided under this section to an individual who, on or after July 27, 2005,
4is relocated to the community from a nursing home by a county department or to an
5individual who meets the level of care requirements for Medical Assistance
6reimbursement in a skilled nursing facility or an intermediate care facility and is
7diverted from imminent entry into a nursing home. Except as provided in subd. 3.,
8the
The number of individuals served under this paragraph may not exceed the
9number of nursing home beds that are delicensed as part of plans submitted by
10nursing homes and approved by the department, and the number of individuals
11diverted from imminent entry into a nursing home may not exceed 150
.
SB32, s. 2 12Section 2. 46.277 (5) (g) 3. of the statutes is repealed.
SB32,2,1313 (End)
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