SB400,91,5
1(3) (a) Reimbursement shall be made to each county department under ss.
246.215, 46.22, and 46.23 for any administrative services performed in the Medical
3Assistance program on the basis of s. 49.78 49.003 (8). For purposes of
4reimbursement under this paragraph, assessments completed under s. 46.27 (6) (a)
5are administrative services performed in the Medical Assistance program.
SB400,91,8 6(11) Penalty. Any person who receives or assists another in receiving
7assistance under this section, to which the recipient is not entitled, shall be subject
8to the penalties under s. 49.95 ss. 946.91 and 946.93.
SB400, s. 203 9Section 203. 49.45 (6y) (a) of the statutes, as affected by 2011 Wisconsin Act
1032
, is amended to read:
SB400,91,2011 49.45 (6y) (a) Notwithstanding sub. (3) (e), from the appropriation accounts
12under s. 20.435 (4) (b), (gm), (o), and (w), the department may distribute funding in
13each fiscal year to provide supplemental payment to hospitals that enter into a
14contract under s. 49.02 49.803 (2) to provide health care services funded by a relief
15block grant, as determined by the department, for hospital services that are not in
16excess of the hospitals' customary charges for the services, as limited under 42 USC
171396b
(i) (3). If no relief block grant is awarded under this chapter or if the allocation
18of funds to such hospitals would exceed any limitation under 42 USC 1396b (i) (3),
19the department may distribute funds to hospitals that have not entered into a
20contract under s. 49.02 49.803 (2).
SB400, s. 204 21Section 204. 49.45 (11) of the statutes is amended to read:
SB400,91,2422 49.45 (11) Penalty. Any person who receives or assists another in receiving
23assistance under this section, to which the recipient is not entitled, shall be subject
24to the penalties under s. 49.95 946.93.
SB400, s. 205 25Section 205. 49.45 (38) of the statutes is amended to read:
SB400,92,4
149.45 (38) Home or community-based services for disabled workers. The
2department shall request a waiver from the secretary of the federal department of
3health and human services to authorize federal financial participation for medical
4assistance coverage of persons described in ss. 49.46 (1) (1g) (a) 14. and 49.47 (4) (as).
SB400, s. 206 5Section 206. 49.45 (40) of the statutes is amended to read:
SB400,92,96 49.45 (40) Periodic record matches. If the department contracts with the
7department of children and families under s. 49.197 (5), the department shall
8cooperate with the department of children and families in matching records of
9medical assistance recipients under s. 49.32 49.06 (7).
SB400, s. 207 10Section 207. 49.46 (1) of the statutes, as affected by 2011 Wisconsin Act 32,
11is renumbered 49.46 (1g).
SB400, s. 208 12Section 208 . 49.46 (1g) (n) of the statutes, as affected by 2011 Wisconsin Act
1332
, section 1453f, and 2011 Wisconsin Act .... (this act), is repealed.
SB400, s. 209 14Section 209. 49.46 (2) (a) 6., (be) and (bm) of the statutes are amended to read:
SB400,92,2115 49.46 (2) (a) 6. Premiums, deductibles and coinsurance and other cost-sharing
16obligations for items and services otherwise paid under this subsection that are
17required for enrollment in a group health plan, as specified in sub. (1) (1g) (m), except
18that, if enrollment in the group health plan requires enrollment of family members
19who are not eligible under this subsection, the department shall pay, if it is
20cost-effective, for an ineligible family member only the premium that is required for
21enrollment in the group health plan.
SB400,92,2522 (be) Benefits for an individual eligible under sub. (1) (1g) (a) 9. are limited to
23those services under par. (a) or (b) that are related to pregnancy, including
24postpartum services and family planning services, as defined in s. 253.07 (1) (b), or
25related to other conditions which may complicate pregnancy.
SB400,93,3
1(bm) Benefits for an individual who is eligible for medical assistance only under
2sub. (1) (1g) (a) 15. are limited to those services related to tuberculosis that are
3described in 42 USC 1396a (z) (2).
SB400, s. 210 4Section 210. 49.46 (2) (c) 2., 3., 4., 5. and 5m. of the statutes, as affected by 2011
5Wisconsin Act 32
, are amended to read:
SB400,93,186 49.46 (2) (c) 2. For an individual who is entitled to coverage under Part A of
7Medicare, entitled to coverage under Part B of Medicare, meets the eligibility criteria
8under sub. (1) (1g) and meets the limitation on income under subd. 6., Medical
9Assistance shall include payment of the deductible and coinsurance portions of
10Medicare services under 42 USC 1395 to 1395zz that are not paid under 42 USC 1395
11to 1395zz, including those Medicare services that are not included in the approved
12state plan for services under 42 USC 1396; the monthly premiums payable under 42
13USC 1395v
; the monthly premiums, if applicable, under 42 USC 1395i-2 (d); and the
14late enrollment penalty, if applicable, for premiums under Part A of Medicare.
15Payment of coinsurance for a service under Part B of Medicare under 42 USC 1395j
16to 1395w and payment of deductibles and coinsurance for inpatient hospital services
17under Part A of Medicare may not exceed the allowable charge for the service under
18Medical Assistance minus the Medicare payment.
SB400,94,419 3. For an individual who is only entitled to coverage under Part A of Medicare,
20meets the eligibility criteria under sub. (1) (1g), and meets the limitation on income
21under subd. 6., Medical Assistance shall include payment of the deductible and
22coinsurance portions of Medicare services under 42 USC 1395 to 1395i that are not
23paid under 42 USC 1395 to 1395i, including those Medicare services that are not
24included in the approved state plan for services under 42 USC 1396; the monthly
25premiums, if applicable, under 42 USC 1395i-2 (d); and the late enrollment penalty,

1if applicable, for premiums under Part A of Medicare. Payment of deductibles and
2coinsurance for inpatient hospital services under Part A of Medicare may not exceed
3the allowable charge for the service under Medical Assistance minus the Medicare
4payment.
SB400,94,155 4. For an individual who is entitled to coverage under Part A of Medicare,
6entitled to coverage under Part B of Medicare, and meets the eligibility criteria for
7Medical Assistance under sub. (1) (1g), but does not meet the limitation on income
8under subd. 6., Medical Assistance shall include payment of the deductible and
9coinsurance portions of Medicare services under 42 USC 1395 to 1395zz that are not
10paid under 42 USC 1395 to 1395zz, including those Medicare services that are not
11included in the approved state plan for services under 42 USC 1396. Payment of
12coinsurance for a service under Part B of Medicare under 42 USC 1395j to 1395w and
13payment of deductibles and coinsurance for inpatient hospital services under Part
14A of Medicare may not exceed the allowable charge for the service under Medical
15Assistance minus the Medicare payment.
SB400,94,2416 5. For an individual who is only entitled to coverage under Part A of Medicare
17and meets the eligibility criteria for Medical Assistance under sub. (1) (1g), but does
18not meet the limitation on income under subd. 6., Medical Assistance shall include
19payment of the deductible and coinsurance portions of Medicare services under 42
20USC 1395
to 1395i that are not paid under 42 USC 1395 to 1395i, including those
21Medicare services that are not included in the approved state plan for services under
2242 USC 1396. Payment of deductibles and coinsurance for inpatient hospital
23services under Part A of Medicare may not exceed the allowable charge for the service
24under Medical Assistance minus the Medicare payment.
SB400,95,8
15m. For an individual who is only entitled to coverage under Part B of Medicare
2and meets the eligibility criteria under sub. (1) (1g), but does not meet the limitation
3on income under subd. 6., Medical Assistance shall include payment of the deductible
4and coinsurance portions of Medicare services under 42 USC 1395j to 1395w,
5including those Medicare services that are not included in the approved state plan
6for services under 42 USC 1396. Payment of coinsurance for a service under Part B
7of Medicare may not exceed the allowable charge for the service under Medical
8Assistance minus the Medicare payment.
SB400, s. 211 9Section 211. 49.46 (2) (cm) 1. of the statutes is amended to read:
SB400,95,1410 49.46 (2) (cm) 1. Beginning on January 1, 1993, for an individual who is entitled
11to coverage under part Part A of medicare Medicare, is entitled to coverage under
12part Part B of medicare Medicare, meets the eligibility criteria under sub. (1) (1g) and
13meets the limitation on income under subd. 2., medical assistance Medical
14Assistance
shall pay the monthly premiums under 42 USC 1395r.
SB400, s. 212 15Section 212. 49.465 (2) (intro.) of the statutes, as affected by 2011 Wisconsin
16Act 32
, section 1453r, is amended to read:
SB400,95,2217 49.465 (2) (intro.) Unless otherwise provided by the department by a policy
18created under s. 49.45 (2m) (c), a pregnant woman is eligible for medical assistance
19benefits, as provided under sub. (3), during the period beginning on the day on which
20a qualified provider determines, on the basis of preliminary information, that the
21woman's family income does not exceed the highest level for eligibility for benefits
22under s. 49.46 (1) (1g) or 49.47 (4) (am) or (c) 1. and ending as follows:
SB400, s. 213 23Section 213. 49.468 (1) (b) and (c) of the statutes, as affected by 2011 Wisconsin
24Act 32
, are amended to read:
SB400,96,14
149.468 (1) (b) For an elderly or disabled individual who is entitled to coverage
2under Part A of Medicare, entitled to coverage under Part B of Medicare, and who
3does not meet the eligibility criteria for Medical Assistance under s. 49.46 (1) (1g),
449.465, 49.47 (4), or 49.471 but meets the limitations on income and resources under
5par. (d), Medical Assistance shall pay the deductible and coinsurance portions of
6Medicare services under 42 USC 1395 to 1395zz that are not paid under 42 USC 1395
7to 1395zz, including those Medicare services that are not included in the approved
8state plan for services under 42 USC 1396; the monthly premiums payable under 42
9USC 1395v
; the monthly premiums, if applicable, under 42 USC 1395i-2 (d); and the
10late enrollment penalty, if applicable, for premiums under Part A of Medicare.
11Payment of coinsurance for a service under Part B of Medicare under 42 USC 1395j
12to 1395w and payment of deductibles and coinsurance for inpatient hospital services
13under Part A of Medicare may not exceed the allowable charge for the service under
14Medical Assistance minus the Medicare payment.
SB400,97,215 (c) For an elderly or disabled individual who is only entitled to coverage under
16Part A of Medicare and who does not meet the eligibility criteria for Medical
17Assistance under s. 49.46 (1) (1g), 49.465, 49.47 (4), or 49.471 but meets the
18limitations on income and resources under par. (d), Medical Assistance shall pay the
19deductible and coinsurance portions of Medicare services under 42 USC 1395 to
201395i that are not paid under 42 USC 1395 to 1395i, including those Medicare
21services that are not included in the approved state plan for services under 42 USC
221396
; the monthly premiums, if applicable, under 42 USC 1395i-2 (d); and the late
23enrollment penalty for premiums under Part A of Medicare, if applicable. Payment
24of deductibles and coninsurance for inpatient hospital services under Part A of

1Medicare may not exceed the allowable charge for the service under Medical
2Assistance minus the Medicare payment.
SB400, s. 214 3Section 214. 49.468 (1m) (a) and (2) (a) of the statutes are amended to read:
SB400,97,104 49.468 (1m) (a) Beginning on January 1, 1993, for an elderly or disabled
5individual who is entitled to coverage under part Part A of medicare Medicare and
6is entitled to coverage under part Part B of medicare Medicare, does not meet the
7eligibility criteria for medical assistance Medical Assistance under s. 49.46 (1) (1g),
849.465, 49.47 (4), or 49.471 but meets the limitations on income and resources under
9par. (b), medical assistance Medical Assistance shall pay the monthly premiums
10under 42 USC 1395r.
SB400,97,17 11(2) (a) Beginning on January 1, 1991, for a disabled working individual who
12is entitled under P.L. 101-239, section 6012 (a), to coverage under part Part A of
13medicare Medicare and who does not meet the eligibility criteria for medical
14assistance
Medical Assistance under s. 49.46 (1) (1g), 49.465, 49.47 (4), or 49.471 but
15meets the limitations on income and resources under par. (b), medical assistance
16Medical Assistance shall pay the monthly premiums for the coverage under part Part
17A of medicare Medicare, including late enrollment fees, if applicable.
SB400, s. 215 18Section 215. 49.47 (4) (am) 1. and 2. of the statutes are amended to read:
SB400,97,2319 49.47 (4) (am) 1. A pregnant woman whose family income does not exceed 155%
20of the poverty line for a family the size of the woman's family, except that if a waiver
21under par. (j) or a change in the approved state plan under s. 49.46 (1) (1g) (am) 2.
22is in effect, the income limit is 185% of the poverty line for a family the size of the
23woman's family in each state fiscal year after the 1994-95 state fiscal year.
SB400,98,324 2. A child who is under 6 years of age and whose family income does not exceed
25155% of the poverty line for a family the size of the child's family, except that if a

1waiver under par. (j) or a change in the approved state plan under s. 49.46 (1) (1g)
2(am) 2. is in effect, the income limit is 185% of the poverty line for a family the size
3of the child's family in each state fiscal year after the 1994-95 state fiscal year.
SB400, s. 216 4Section 216. 49.47 (4) (j) of the statutes is amended to read:
SB400,98,105 49.47 (4) (j) If the change in the approved state plan under s. 49.46 (1) (1g) (am)
62. is denied, the department shall request a waiver from the secretary of the federal
7department of health and human services to allow the use of federal matching funds
8to provide medical assistance coverage under par. (am) 1. and 2. to individuals whose
9family incomes do not exceed 185% of the poverty line in each state fiscal year after
10the 1994-95 state fiscal year.
SB400, s. 217 11Section 217. 49.471 (3) (a) 1., 2. and 3. of the statutes are amended to read:
SB400,98,1912 49.471 (3) (a) 1. Notwithstanding ss. 49.46 (1) (1g), 49.465, 49.47 (4), and
1349.665 (4), if the amendments to the state plan under sub. (2) are approved and a
14waiver under sub. (2) that is substantially consistent with the provisions of this
15section, excluding sub. (2m), is granted and in effect, an individual described in sub.
16(4) (a) or (b) or (5) is not eligible under s. 49.46, 49.465, 49.47, or 49.665 for Medical
17Assistance or BadgerCare health program benefits. The eligibility of an individual
18described in sub. (4) (a) or (b) or (5) for Medical Assistance benefits shall be
19determined under this section.
SB400,98,2220 2. Notwithstanding subd. 1., an individual who is eligible for medical
21assistance
Medical Assistance under s. 49.46 (1) (1g) (a) 3. or 4. may not receive
22benefits under this section.
SB400,99,223 3. Notwithstanding subd. 1., an individual described in sub. (4) (a) or (b) or (5)
24who is eligible for medical assistance Medical Assistance under s. 49.46 (1) (1g) (a)

15., 6m., 14., 14m., or 15. or (d) or 49.47 (4) (a) or (as) may receive medical assistance
2Medical Assistance benefits under this section or under s. 49.46 or 49.47.
SB400, s. 218 3Section 218. 49.471 (4) (a) 7. of the statutes is amended to read:
SB400,99,64 49.471 (4) (a) 7. Individuals who qualify for a medical assistance Medical
5Assistance
eligibility extension under s. 49.46 (1) (1g) (c), (cg), or (co) when their
6income increases above the poverty line.
SB400, s. 219 7Section 219. 49.4715 of the statutes is created to read:
SB400,99,16 849.4715 Reimbursement; retroactive eligibility. If an applicant is
9determined to be eligible retroactively under s. 49.46 (1g) (b), 49.47 (4) (d), or 49.471
10and a provider bills the applicant directly for services and benefits rendered during
11the retroactive period, the provider shall, upon notification of the applicant's
12retroactive eligibility, submit claims for payment under s. 49.45 for covered services
13or benefits rendered to the recipient during the retroactive period. Upon receipt of
14payment under s. 49.45, the provider shall reimburse the recipient or other person
15who has made prior payment to the provider for services provided to the recipient
16during the retroactive eligibility period, by the amount of the prior payment made.
SB400, s. 220 17Section 220. 49.473 (2) (a) of the statutes is amended to read:
SB400,99,2018 49.473 (2) (a) The woman is not eligible for medical assistance Medical
19Assistance
under ss. 49.46 (1) (1g) and (1m), 49.465, 49.468, 49.47, 49.471, and
2049.472, and is not eligible for health care coverage under s. 49.665.
SB400, s. 221 21Section 221. 49.475 (6) of the statutes is amended to read:
SB400,99,2522 49.475 (6) Sharing information. The department of health services shall
23provide to the department of children and families, for purposes of the medical
24support liability program under s. 49.22 49.811, any information that the
25department of health services receives under this section. The department of

1children and families may allow a county child support agency under s. 59.53 (5) or
2a tribal child support agency access to the information, subject to the use and
3disclosure restrictions under s. 49.83 49.013, and shall consult with the department
4of health services regarding procedures and methods to adequately safeguard the
5confidentiality of the information provided under this subsection.
SB400, s. 222 6Section 222. 49.49 (1) (title) and (a) (intro.) of the statutes are repealed.
SB400, s. 223 7Section 223. 49.49 (1) (a) 1. to 4. of the statutes are renumbered 946.91 (2) (a)
8to (d) and amended to read:
SB400,100,119 946.91 (2) (a) Knowingly and willfully make Intentionally makes or cause
10causes to be made any false statement or representation of a material fact in any
11application for any Medical Assistance benefit or payment.
SB400,100,1412 (b) Knowingly and willfully make Intentionally makes or cause causes to be
13made any false statement or representation of a material fact for use in determining
14rights to such eligibility for any Medical Assistance benefit or payment.
SB400,100,2115 (c) Having knowledge of the occurrence of any event affecting the initial or
16continued right to eligibility for any such Medical Assistance benefit or payment or
17the initial or continued right to eligibility for any such benefit or payment of any
18other individual in whose behalf he or she has applied for or is receiving such benefit
19or payment, conceal conceals or fail fails to disclose such event with an intent to
20fraudulently to secure such benefit or payment either in a greater amount or
21quantity than is due or when no such benefit or payment is authorized.
SB400,101,222 (d) Having made application applied to receive any such Medical Assistance
23benefit or payment for the use and benefit of another and having received it,
24knowingly and willfully convert such converts the benefit or payment or any part

1thereof to a use other than for the use and that is not for the benefit of such other
2person.
SB400, s. 224 3Section 224. 49.49 (1) (b) of the statutes is repealed.
SB400, s. 225 4Section 225. 49.49 (1) (c) of the statutes is renumbered 49.49 (1d) and
5amended to read:
SB400,101,156 49.49 (1d) Damages. If any person is convicted under this subsection s. 946.91
7(2)
, the state shall have a cause of action for relief against such person in an amount
83 times the amount of actual damages sustained as a result of any excess payments
9made in connection with the offense for which the conviction was obtained. Proof by
10the state of a conviction under this section s. 946.91 (2) in a civil action shall be
11conclusive regarding the state's right to damages and the only issue in controversy
12shall be the amount, if any, of the actual damages sustained. Actual damages shall
13consist of the total amount of excess payments, any part of which is paid by state
14funds. In any such civil action the state may elect to file a motion in expedition of
15the action. Upon receipt of the motion, the presiding judge shall expedite the action.
SB400, s. 226 16Section 226. 49.49 (2) (title) and (2) (a) (title) of the statutes are repealed.
SB400, s. 227 17Section 227 . 49.49 (2) (a) of the statutes is renumbered 946.91 (3) (a) and
18amended to read:
SB400,102,419 946.91 (3) (a) Any person who Whoever solicits or receives any remuneration,
20including any kickback, bribe, or rebate
, directly or , indirectly, overtly, or covertly, in
21cash or in kind,
money, goods, services, or any other thing of value in return for
22referring an individual to a person for the furnishing or arranging for the furnishing
23of any item or service for which payment may be made in whole or in part under a
24medical assistance Medical Assistance program, or in return for purchasing, leasing,
25ordering, or arranging for or recommending purchasing, leasing, or ordering any

1good, facility, service, or item for which payment may be made in whole or in part
2under a medical assistance Medical Assistance program, is guilty of a Class H felony,
3except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the
4person may be fined not more than $25,000.
SB400, s. 228 5Section 228. 49.49 (2) (b) (title) of the statutes is repealed.
SB400, s. 229 6Section 229 . 49.49 (2) (b) of the statutes is renumbered 946.91 (3) (b) and
7amended to read:
SB400,102,188 946.91 (3) (b) Whoever offers or pays any remuneration including any
9kickback, bribe, or rebate
, directly or , indirectly, overtly, or covertly, in cash or in kind
10money, goods, services, or any other thing of value to any person to induce such
11person to refer an individual to a person for the furnishing or arranging for the
12furnishing of any item or service for which payment may be made in whole or in part
13under a medical assistance Medical Assistance program, or to purchase, lease, order,
14or arrange for or recommend purchasing, leasing, or ordering any good, facility,
15service or item for which payment may be made in whole or in part under a medical
16assistance
Medical Assistance program, is guilty of a Class H felony, except that,
17notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be
18fined not more than $25,000.
SB400, s. 230 19Section 230. 49.49 (2) (c) (title) of the statutes is repealed.
SB400, s. 231 20Section 231. 49.49 (2) (c) of the statutes is renumbered 946.91 (3) (c) and
21amended to read:
SB400,102,2222 946.91 (3) (c) This subsection shall does not apply to any of the following:
SB400,103,223 1. A discount or other reduction in price obtained by a provider of services or
24other entity under chs. 46 to 51 and 58 if the reduction in price is properly disclosed

1and appropriately reflected in the costs claimed or charges made by the provider or
2entity under a medical assistance Medical Assistance program.
SB400,103,53 2. Any An amount paid by an employer to an employee who has a bona fide
4employment relationship with such employer for employment in the provision of
5covered items or services.
SB400, s. 232 6Section 232. 49.49 (3) (title) of the statutes is repealed.
SB400, s. 233 7Section 233 . 49.49 (3) of the statutes is renumbered 946.91 (4) and amended
8to read:
SB400,103,179 946.91 (4) No person may Whoever knowingly and willfully make makes or
10cause causes to be made, or induce induces or seek seeks to induce the making of, any
11false statement or representation of a material fact with respect to the conditions or
12operation of any institution or facility in order that such institution or facility may
13qualify either upon initial certification or upon recertification as a hospital, skilled
14nursing facility, intermediate care facility, or home health agency . A person who
15violates this subsection
is guilty of a Class H felony, except that, notwithstanding the
16maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than
17$25,000.
SB400, s. 234 18Section 234. 49.49 (3m) (title) of the statutes is repealed.
SB400, s. 235 19Section 235 . 49.49 (3m) (a) of the statutes is renumbered 946.91 (5), and
20946.91 (5) (intro.), (a) and (b), as renumbered, are amended to read:
SB400,104,221 946.91 (5) (intro.) No provider may Whoever knowingly impose imposes upon
22a Medical Assistance recipient charges in addition to payments received for services
23under ss. 49.45 to 49.471 or knowingly impose imposes direct charges upon a
24recipient in lieu of obtaining payment under ss. 49.45 to 49.471 except under the
25following conditions
is guilty of a Class H felony, except that, notwithstanding the

1maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than
2$25,000. This subsection does not apply to the following circumstances
:
SB400,104,43 (a) Benefits or services are not provided under s. 49.46 (2) or 49.471 (11) and
4the Medical Assistance recipient is advised of this fact prior to receiving the service.
SB400,104,145 (b) If an An applicant is determined to be eligible retroactively under s. 49.46
6(1) (1g) (b), 49.47 (4) (d), or 49.471 and, a provider bills the applicant directly for
7services and benefits rendered during the retroactive period, the provider shall the
8provider
, upon notification of the applicant's retroactive eligibility, submit claims
9submits a claim for payment under s. 49.45 for covered services or benefits rendered
10to the recipient during the retroactive period. Upon receipt of payment under s.
1149.45, the provider shall reimburse
, and the provider reimburses the recipient or
12other person who has made prior payment to the provider for services provided to the
13recipient during the retroactive eligibility period, by the amount of the prior payment
14made upon receipt of payment under 49.45.
Note: Moves a provision requiring a recipient who is eligible retroactively for
medical assistance benefits to be reimbursed for any eligible payments made to a
provider.
SB400, s. 236 15Section 236. 49.49 (3m) (b) of the statutes is repealed.
SB400, s. 237 16Section 237. 49.49 (3p) (title) of the statutes is amended to read:
SB400,104,1717 49.49 (3p) (title) Other prohibited provider charges.
SB400, s. 238 18Section 238. 49.49 (4) (title) of the statutes is repealed.
SB400, s. 239 19Section 239 . 49.49 (4) (a) and (b) of the statutes are consolidated, renumbered
20946.91 (6) and amended to read:
SB400,105,921 946.91 (6) No person Whoever, in connection with the medical assistance
22Medical Assistance program when the cost of the services provided to the patient is
23paid for in whole or in part by the state, may knowingly and willfully charge, solicit,

1accept or receive
intentionally charges, solicits, accepts, or receives, in addition to
2any amount otherwise required to be paid under a medical assistance Medical
3Assistance
program, any gift, money, donation, or other consideration, other than a
4charitable, religious, or philanthropic contribution from an organization or from a
5person unrelated to the patient, as a precondition of admitting a patient to a hospital,
6skilled nursing facility, or intermediate care facility, or as a requirement for the
7patient's continued stay in such a facility. (b) A person who violates this subsection
8is guilty of a Class H felony, except that, notwithstanding the maximum fine specified
9in s. 939.50 (3) (h), the person may be fined not more than $25,000.
Note: Sections 227 , 229, 233 , 235, and 239 move criminal penalties relating to
medical assistance to s. 946.91. Also, see Section 461.
SB400, s. 240 10Section 240. 49.49 (7) (d) of the statutes is amended to read:
SB400,105,1811 49.49 (7) (d) A commission's imposition of an assessment described under par.
12(b), a member's payment of the assessment as described under par. (c), and
13acceptance of the payment by the commission do not constitute conduct prohibited
14under sub. (4) 946.91 (6) or prohibited under s. DHS 106.04 (3), Wis. Adm. Code, in
15effect on May 26, 2010. It is the intent of the legislature to create a mechanism
16whereby 2 or more political subdivisions may share in the operation, use, and
17funding of a nursing home or intermediate care facility without violating 42 USC
181320a-7b
(d) or 42 USC 1396a (a) (25) (C).
SB400, s. 241 19Section 241. 49.493 (1) (b) of the statutes is amended to read:
SB400,105,2120 49.493 (1) (b) "Medical benefits or assistance" means medical benefits under
21s. 49.02 49.803 or 253.05 or medical assistance.
Loading...
Loading...