SB40: Bill Text

SB40, s. 1644 Section 1644. 49.665 (7) (a) 1. of the statutes is amended to read:

SB40,760,6 49.665 (7) (a) 1. Notwithstanding sub. (4) (a) 3m. and (ap) 2., the department shall mail information verification forms to the employers of the individuals required to provide the verifications under sub. (4) (a) 3m. and (ap) 2. to obtain the information specified.

SB40, s. 1645 Section 1645. 49.68 (3) (e) of the statutes is amended to read:

SB40,760,19 49.68 (3) (e) State aids for services provided under this section shall be equal to the allowable charges under the federal Medicare program. In no case shall state rates for individual service elements exceed the federally defined allowable costs. The rate of charges for services not covered by public and private insurance shall not exceed the reasonable charges as established by medicare fee determination procedures. A person that provides to a patient a service for which aid is provided under this section shall accept the amount paid under this section for the service as payment in full and may not bill the patient for any amount by which the charge for the service exceeds the amount paid for the service under this section. The state may not pay for the cost of travel, lodging, or meals for persons who must travel to receive inpatient and outpatient dialysis treatment for kidney disease. This paragraph shall not apply to donor related costs as defined in par. (b).

SB40, s. 1646 Section 1646. 49.686 (6) of the statutes is created to read:

SB40,761,2 49.686 (6) Health Insurance Risk-Sharing Plan pilot program. (a) Subject to par. (b), the department shall conduct a 3-year pilot program under which the department may pay premiums for coverage under the Health Insurance Risk-Sharing Plan under subch. II of ch. 149, and pay copayments under that plan for prescription drugs for which reimbursement may be provided under sub. (2), for individuals who satisfy all of the following:

SB40,761,3 1. The individuals are eligible for reimbursement under this section.

SB40,761,4 2. The individuals are currently taking antiretroviral drugs.

SB40,761,5 3. The individuals do not have health insurance coverage.

SB40,761,9 4. The individuals are not eligible for premium subsidies under s. 252.16 or 252.17 because they are not on unpaid medical leave, are not unable to continue employment, and have not had to reduce their employment hours because of an illness or medical condition arising from or related to HIV.

SB40,761,11 (b) The pilot program shall be limited to no more than 100 individuals at any given time.

SB40,761,14 (c) The department may promulgate rules for the administration of the pilot program. Notwithstanding s. 227.24 (3), rules under this paragraph may be promulgated as emergency rules under s. 227.24 without a finding of emergency.

SB40, s. 1647 Section 1647. 49.687 (title) of the statutes is amended to read:

SB40,761,17 49.687 (title) Disease aids; patient requirements; rebate agreements; cost containment general provisions.

SB40, s. 1648 Section 1648. 49.687 (2r) of the statutes is created to read:

SB40,761,23 49.687 (2r) A person that provides a patient with a service for which aid is provided under s. 49.68, 49.683, or 49.685 shall accept the amount paid under s. 49.68, 49.683, or 49.685 for the service as payment in full and may not bill the patient for any amount by which the charge for the service exceeds the amount paid for the service under s. 49.68, 49.683, or 49.685.

SB40, s. 1649 Section 1649. 49.687 (5) of the statutes is created to read:

SB40,762,7 49.687 (5) The department may investigate suspected fraudulent activity and other abuses on the part of persons receiving benefits under the programs under ss. 49.68, 49.683, and 49.685. The activities of the department under this subsection may include comparisons of information provided to the department by an applicant with information provided by the applicant to other federal, state, and local agencies and the development of an advisory welfare investigation prosecution standard. The department shall cooperate with district attorneys regarding fraud prosecutions.

SB40, s. 1650 Section 1650. 49.687 (6) of the statutes is created to read:

SB40,762,11 49.687 (6) The department shall obtain and share information about individuals who receive benefits under s. 49.68, 49.683, or 49.685 as provided in s. 49.475.

SB40, s. 1651 Section 1651. 49.688 (5) (a) (intro.) of the statutes is amended to read:

SB40,762,18 49.688 (5) (a) (intro.) Beginning on September 1, 2002, except as provided in sub. (7) (b), as a condition of participation by a pharmacy or pharmacist in the program under s. 49.45, 49.46, or 49.47, or 49.471, the pharmacy or pharmacist may not charge a person who presents a valid prescription order and a card indicating that he or she meets eligibility requirements under sub. (2) an amount for a prescription drug under the order that exceeds the following:

SB40, s. 1652 Section 1652. 49.688 (7) (a) of the statutes is amended to read:

SB40,763,11 49.688 (7) (a) Except as provided in par. (b), from the appropriation accounts under s. 20.435 (4) (bv), (j), and (pg), and (xh), beginning on September 1, 2002, the department shall, under a schedule that is identical to that used by the department for payment of pharmacy provider claims under medical assistance, provide to pharmacies and pharmacists payments for prescription drugs sold by the pharmacies or pharmacists to persons eligible under sub. (2) who have paid the deductible specified under sub. (3) (b) 1. or 2. or who, under sub. (3) (b) 1., are not required to pay a deductible. The payment for each prescription drug under this paragraph shall be at the program payment rate, minus any copayment paid by the person under sub. (5) (a) 2. or 4., and plus, if applicable, incentive payments that are similar to those provided under s. 49.45 (8v). The department shall devise and distribute a claim form for use by pharmacies and pharmacists under this paragraph and may limit payment under this paragraph to those prescription drugs for which payment claims are submitted by pharmacists or pharmacies directly to the department. The department may apply to the program under this section the same utilization and cost control procedures that apply under rules promulgated by the department to medical assistance under subch. IV of ch. 49.

SB40, s. 1653 Section 1653. 49.688 (7) (b) of the statutes is amended to read:

SB40,763,20 49.688 (7) (b) During any period in which funding under s. 20.435 (4) (bv) and, (pg), and (xh) is completely expended for the payments specified in par. (a), the requirements of par. (a) and subs. (3) (c), (5), and (6) (a) and (b) do not apply to drugs purchased during that period, but the department shall continue to accept applications and determine eligibility under sub. (4) and shall indicate to applicants that the eligibility of program participants to purchase prescription drugs as specified in sub. (3), under the requirements of sub. (5), is conditioned on the availability of funding under s. 20.435 (4) (bv) and, (pg), and (xh).

SB40, s. 1654 Section 1654. 49.688 (8) of the statutes is amended to read:

SB40,764,3 49.688 (8) The department shall, under methods promulgated by the department by rule, monitor compliance by pharmacies and pharmacists that are certified providers of medical assistance with the requirements of sub. (5) and shall annually report to the legislature under s. 13.172 (2) concerning the compliance. The report shall include information on any pharmacies or pharmacists that discontinue participation as certified providers of medical assistance and the reasons given for the discontinuance.

SB40, s. 1655 Section 1655. 49.688 (8m) of the statutes is repealed and recreated to read:

SB40,764,6 49.688 (8m) The department shall obtain and share information about participants in the program under this section as provided in s. 49.475.

SB40, s. 1656 Section 1656. 49.775 (2) (bm) of the statutes is amended to read:

SB40,764,16 49.775 (2) (bm) The custodial parent assigns to the state any right of the custodial parent or of the dependent child to support from any other person. No amount of support that begins to accrue after the individual ceases to receive payments under this section may be considered assigned to the state. Any money that is received by the department of workforce development children and families under an assignment to the state under this paragraph and that is not the federal share of support shall be paid to the custodial parent. The department of workforce development children and families shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.

SB40, s. 1657 Section 1657. 49.78 (4) of the statutes is amended to read:

SB40,764,24 49.78 (4) Rules; merit system. The department of workforce development children and families shall promulgate rules for the efficient administration of aid to families with dependent children in agreement with the requirement for federal aid, including the establishment and maintenance of personnel standards on a merit basis. The provisions of this section relating to personnel standards on a merit basis supersede any inconsistent provisions of any law relating to county personnel. This subsection shall not be construed to invalidate the provisions of s. 46.22 (1) (d).

SB40, s. 1658 Section 1658. 49.78 (5) of the statutes is amended to read:

SB40,765,8 49.78 (5) Personnel examinations. Statewide examinations to ascertain qualifications of applicants in any county department administering aid to families with dependent children shall be given by the administrator of the division of merit recruitment and selection in the office of state employment relations. The office of state employment relations shall be reimbursed for actual expenditures incurred in the performance of its functions under this section from the appropriations available to the department of health and family services children and families for administrative expenditures.

SB40, s. 1659 Section 1659. 49.78 (7) of the statutes is amended to read:

SB40,765,15 49.78 (7) County personnel systems. Pursuant to rules promulgated under sub. (4), the department of workforce development children and families where requested by the county shall delegate to that county, without restriction because of enumeration, any or all of the authority of the department of workforce development's authority children and families under sub. (4) to establish and maintain personnel standards including salary levels.

SB40, s. 1660 Section 1660. 49.785 (1) (intro.) of the statutes is amended to read:

SB40,765,24 49.785 (1) (intro.) Except as provided in sub. (1m), if any recipient of benefits under s. 49.148, 49.46 or 49.77, or under 42 USC 1381 to 1385 in effect on May 8, 1980, specified in sub. (1c) dies and the estate of the deceased recipient is insufficient to pay the funeral, burial, and cemetery expenses of the deceased recipient, the county or applicable tribal governing body or organization responsible for burial of the recipient shall pay, to the person designated by the county department under s. 46.215, 46.22, or 46.23 or applicable tribal governing body or organization responsible for the burial of the recipient, all of the following:

SB40, s. 1661 Section 1661. 49.785 (1c) of the statutes is created to read:

SB40,766,1 49.785 (1c) All of the following are eligible recipients under this section:

SB40,766,3 (a) A recipient of benefits under s. 49.148, 49.46, or 49.77, or under 42 USC 1381 to 1385 in effect on May 8, 1980.

SB40,766,4 (b) A recipient of benefits under s. 49.471 who is any of the following:

SB40,766,6 1. A pregnant woman or a child under 6 years of age with a family income not exceeding 185 percent of the poverty line at the time of death.

SB40,766,8 2. A child at least 6 years of age but less than 19 years of age with a family income not exceeding 100 percent of the poverty line at the time of death.

SB40,766,10 3. A parent or caretaker relative with a family income not exceeding 50 percent of the poverty line at the time of death.

SB40, s. 1662 Section 1662. 49.79 (1) (b) of the statutes is repealed.

SB40, s. 1663 Section 1663. 49.79 (1) (d) of the statutes is repealed.

SB40, s. 1664 Section 1664. 49.79 (1) (e) of the statutes is repealed.

SB40, s. 1665 Section 1665. 49.79 (1) (g) of the statutes is created to read:

SB40,766,16 49.79 (1) (g) "Wisconsin Works employment position" has the meaning given in s. 49.141 (1) (r).

SB40, s. 1666 Section 1666. 49.79 (2) (a) of the statutes is repealed.

SB40, s. 1667 Section 1667. 49.79 (2) (b) of the statutes is renumbered 49.79 (2).

SB40, s. 1668 Section 1668. 49.79 (9) (a) 2. of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,766,24 49.79 (9) (a) 2. The department may not require an individual who is a recipient under the food stamp program and who is the caretaker of a child under the age of 12 26 weeks to participate in any employment and training program under this subsection.

SB40, s. 1669 Section 1669. 49.79 (10) of the statutes is repealed.

SB40, s. 1670 Section 1670. 49.81 (intro.) of the statutes is amended to read:

SB40,767,6 49.81 Public assistance recipients' bill of rights. (intro.) The department of health and family services, the department of workforce development children and families, and all public assistance and relief-granting agencies shall respect rights for recipients of public assistance. The rights shall include all rights guaranteed by the U.S. constitution and the constitution of this state, and in addition shall include:

SB40, s. 1671 Section 1671. 49.81 (4) of the statutes is amended to read:

SB40,767,11 49.81 (4) The right to a speedy determination of the recipient's status or eligibility for public assistance, to notice of any proposed change in such status or eligibility, and, in the case of assistance granted under s. 49.19, 49.46, 49.468 or, 49.47, or 49.471, to a speedy appeals process for resolving contested determinations.

SB40, s. 1672 Section 1672. 49.82 (1) of the statutes is amended to read:

SB40,767,22 49.82 (1) Departments to advise counties. The department of health and family services and the department of workforce development children and families shall advise all county officers charged with the administration of requirements relating to public assistance programs under this chapter and shall render all possible assistance in securing compliance therewith, including the preparation of necessary forms and reports. The department of health and family services and the department of workforce development children and families shall also publish any information that those departments consider advisable to acquaint persons entitled to public assistance, and the public generally, with the laws governing public assistance under this chapter.

SB40, s. 1673 Section 1673. 49.82 (2) of the statutes is renumbered 49.82 (2) (a) and amended to read:

SB40,768,7 49.82 (2) (a) Proof shall be provided Except as provided in par. (b), for each person included in an application for public assistance under this chapter, except for a child who is eligible for medical assistance under s. 49.46 or 49.47 because of 42 USC 1396a (e) (4) or an unborn child who is eligible for coverage under the Badger Care health care program under s. 49.665 (4) (ap), proof shall be provided of his or her social security number or that an application for a social security number has been made.

SB40, s. 1674 Section 1674. 49.82 (2) (b) of the statutes is created to read:

SB40,768,9 49.82 (2) (b) Paragraph (a) does not apply to any of the following:

SB40,768,11 1. A child who is eligible for medical assistance under s. 49.46 or 49.47 because of 42 USC 1396a (e) (4).

SB40,768,13 2. An unborn child who is eligible for coverage under the Badger Care health care program under s. 49.665 (4) (ap).

SB40,768,18 3. A person who is applying for medical assistance under subch. IV, coverage under the Badger Care health care program under s. 49.665, or coverage under the program for prescription drug assistance for elderly persons under s. 49.688 and who refuses to obtain a social security number because of well-established religious objections, as defined in 42 CFR 435.910 (h) (2).

SB40, s. 1675 Section 1675 . 49.82 (2) (b) 1. of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,768,22 49.82 (2) (b) 1. A child who is eligible for medical assistance under s. 49.46 or, 49.47, or 49.471 because of 42 USC 1396a (e) (4).

SB40, s. 1676 Section 1676 . 49.82 (2) (b) 2. of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,769,2 49.82 (2) (b) 2. An unborn child who is eligible for coverage under s. 49.471 or the Badger Care health care program under s. 49.665 (4) (ap).

SB40, s. 1677 Section 1677. 49.83 of the statutes is amended to read:

SB40,769,14 49.83 Limitation on giving information. Except as provided under s. 49.32 (9), (10), and (10m), no person may use or disclose information concerning applicants and recipients of relief funded by a relief block grant, aid to families with dependent children, Wisconsin Works under ss. 49.141 to 49.161, social services, child and spousal support and establishment of paternity and medical support liability services under s. 49.22, or supplemental payments under s. 49.77 for any purpose not connected with the administration of the programs, except that the department of workforce development children and families may disclose such information to the department of revenue for the sole purpose of administering state taxes. Any person violating this section may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.

SB40, s. 1678 Section 1678. 49.84 (6) of the statutes is created to read:

SB40,769,17 49.84 (6) (a) In this subsection, "department" means the department of health and family services.

SB40,769,23 (b) 1. Notwithstanding any other eligibility requirements for the programs specified in par. (c), unless excepted by par. (c) an applicant for or recipient under any of those programs who declares himself or herself to be a citizen or national of the United States shall provide, as a further condition of eligibility, satisfactory documentary evidence, as provided in par. (d), that he or she is a citizen or national of the United States.

SB40,770,5 2. An applicant shall provide the documentation at the time of application. If a recipient was not required to provide documentation at the time he or she applied, the recipient shall provide the documentation the first time his or her eligibility is reviewed or redetermined after the effective date of this subdivision .... [revisor inserts date]. An applicant or recipient shall be granted a reasonable time, as determined by the department, to submit the documentation before his or her eligibility is denied or terminated.

SB40,770,7 (c) The requirement to provide satisfactory documentary evidence under par. (b) applies to applicants for and recipients under all of the following:

SB40,770,9 1. The Medical Assistance program under subch. IV, except for any of the following:

SB40,770,11 a. An applicant or recipient who is entitled to benefits under or enrolled in any part of Medicare under 42 USC 1395 et seq., as amended.

SB40,770,13 b. An applicant or recipient who is receiving supplemental security income under 42 USC 1381 to 1383c.

SB40,770,14 c. A person who is eligible for medical assistance under s. 49.45 (27).

SB40,770,16 d. A child who is receiving medical assistance under s. 49.46 (1) (a) 13. or 49.47 (4) (am) 3.