AB40: Bill Text

AB40,584,7 49.471 (10) (b) 1m. Except as provided in subd. 4., a recipient who is an adult parent or adult caretaker relative; who is not disabled, pregnant, or American Indian; and whose family income exceeds 133 percent of the federal poverty line shall pay a premium for coverage under BadgerCare Plus in an amount determined by the department that is based on a formula in which costs decrease for those with lower family incomes and that is no less than 3 percent of family income but no greater than 9.5 percent of family income. If the recipient has self-employment income and is eligible under sub. (4) (b) 4., the premium may not exceed 5 percent of family income calculated before depreciation was deducted.

AB40,1145 Section 1145 . 49.471 (10) (b) 1m. of the statutes, as affected by 2013 Wisconsin Act .... (this act), is repealed.

AB40,1146 Section 1146. 49.471 (10) (b) 2. of the statutes is amended to read:

AB40,584,15 49.471 (10) (b) 2. Except as provided in subds. 3. 3m. and 4., a recipient who is a child whose family income is greater than 200 percent of the poverty line shall pay a premium for coverage of the benefits described in sub. (11) that does not exceed the full per member per month cost of coverage for a child with a family income of 300 percent of the poverty line.

AB40,1147 Section 1147. 49.471 (10) (b) 3. of the statutes is repealed.

AB40,1148 Section 1148. 49.471 (10) (b) 3m. of the statutes is created to read:

AB40,584,23 49.471 (10) (b) 3m. A recipient who is a child, who is not disabled, and whose family income is at a level determined by the department that is at least 150 percent of the poverty line shall pay a premium in an amount determined by the department. The department may apply this subdivision only to the extent the federal department of health and human services approves applying a premium to those individuals, if approval is required.

AB40,1149 Section 1149. 49.471 (10) (b) 4. (intro.) of the statutes is amended to read:

AB40,585,2 49.471 (10) (b) 4. (intro.) None of the following shall pay a premium, except as provided in subd. 3m.:

AB40,1150 Section 1150. 49.471 (10) (b) 4. b. of the statutes is amended to read:

AB40,585,4 49.471 (10) (b) 4. b. A child who is eligible under sub. (4) (a) 2. or (b) 2.

AB40,1151 Section 1151. 49.471 (10) (b) 5. of the statutes is amended to read:

AB40,585,18 49.471 (10) (b) 5. If a recipient who is required to pay a premium under this paragraph or under sub. (2m) or (4) (c) either does not pay a premium when due or requests that his or her coverage under this section be terminated, the recipient's coverage terminates and. If the recipient is an adult, the recipient is not eligible for BadgerCare Plus for 6 12 consecutive calendar months following the date on which the recipient's coverage terminated, except for any month during that 6-month 12-month period when the recipient's family income does not exceed 150 133 percent of the poverty line. If the recipient is a child, the recipient is not eligible for BadgerCare Plus for 6 consecutive calendar months, or 12 consecutive calendar months if the federal department of health and human services approves, following the date on which the recipient's coverage terminated, except for any month during that period when the recipient's family income does not exceed 150 percent of the poverty line.

AB40,1152 Section 1152 . 49.471 (10) (b) 5. of the statutes, as affected by 2013 Wisconsin Act .... (this act), is amended to read:

AB40,586,7 49.471 (10) (b) 5. If a recipient who is required to pay a premium under this paragraph or under sub. (2m) or (4) (c) either does not pay a premium when due or requests that his or her coverage under this section be terminated, the recipient's coverage terminates. If the recipient is an adult, the recipient is not eligible for BadgerCare Plus for 12 consecutive calendar months following the date on which the recipient's coverage terminated, except for any month during that 12-month period when the recipient's family income does not exceed 133 percent of the poverty line. If the recipient is a child, the recipient is not eligible for BadgerCare Plus for 6 consecutive calendar months, or 12 consecutive calendar months if the federal department of health and human services approves, following the date on which the recipient's coverage terminated, except for any month during that period when the recipient's family income does not exceed 150 percent of the poverty line.

AB40,1153 Section 1153. 49.471 (11) (intro.) of the statutes is amended to read:

AB40,586,12 49.471 (11) Benchmark plan benefits and copayments. (intro.) Recipients Except as provided in sub. (11r) and s. 49.45 (24j), recipients who are not eligible for the benefits described in s. 49.46 (2) (a) and (b) shall have coverage of the following benefits and pay the following copayments:

AB40,1154 Section 1154. 49.471 (11) (a) of the statutes is amended to read:

AB40,586,16 49.471 (11) (a) Subject to sub. (6) (k), prescription drugs bearing only a generic name, as defined in s. 450.12 (1) (b), with a copayment of no more than $5 per prescription, and subject to the Badger Rx Gold program discounts.

AB40,1155 Section 1155. 49.471 (11r) of the statutes is created to read:

AB40,586,21 49.471 (11r) Alternate Benchmark plan benefits and copayments. (a) If the department chooses to provide the alternate benchmark plan under this subsection, the department shall provide to the recipients described under sub. (4) (e) coverage for benefits similar to those in a commercial, major medical insurance policy.

AB40,587,3 (b) The department may charge copayments to recipients receiving coverage under the alternate benchmark plan under this subsection that are higher than copayments charged to recipients receiving coverage under the standard plan under s. 49.46 (2). The department may not charge to a recipient of coverage under the alternate benchmark plan under this subsection whose family income is at or below 150 percent of the poverty line a copayment that exceeds 5 percent of the individual's family income for all members of the family.

AB40,587,6 (c) 1. The department may only provide coverage under the alternate benchmark plan under this subsection to the extent the alternate benchmark plan is approved by the federal department of health and human services.

AB40,587,10 2. If the department is providing coverage under the alternate benchmark plan under this subsection the department may discontinue coverage under the benchmark plan under sub. (11) for those individuals eligible for the alternate benchmark plan under this subsection.

AB40,587,13 3. The department may provide services to individuals enrolled in the alternate benchmark plan under this subsection through a medical home initiative similar to an initiative described under s. 49.45 (24j).

AB40,1156 Section 1156. 49.472 (1) (c) of the statutes is amended to read:

AB40,587,18 49.472 (1) (c) "Independence account" means an account approved by the department that consists solely of savings, and dividends or other gains derived from those savings, from income earned from paid employment after the initial date on which while an individual began is receiving medical assistance under this section.

AB40,1157 Section 1157. 49.472 (3) (a) of the statutes is amended to read:

AB40,588,2 49.472 (3) (a) The individual's family's and his or her spouse's total net income is less than 250% of the poverty line for a family the size of the individual's family. In For purposes of calculating the net income under this paragraph, the department shall apply all of the exclusions specified under 42 USC 1382a (b) , except that exclusions applied under 42 USC 1382a (b) (4) to earned income shall be applied to earned and unearned income combined, and shall exclude up to $500 per month of the individual's out-of-pocket medical and remedial expenses and long-term care costs, if any.

AB40,1158 Section 1158. 49.472 (3) (b) of the statutes is amended to read:

AB40,588,11 49.472 (3) (b) The individual's assets do not exceed $15,000. In determining assets, the department may not include assets that are excluded from the resource calculation under 42 USC 1382b (a) or; assets accumulated in an independence account; or, to the extent approved by the federal government, income or assets from retirement benefits earned or accumulated from income or employer contributions while the individual was employed and eligible for and receiving medical assistance under this section. The department may exclude, in whole or in part, the value of a vehicle used by the individual for transportation to paid employment.

AB40,1159 Section 1159. 49.472 (3) (f) of the statutes is amended to read:

AB40,588,16 49.472 (3) (f) The individual, if required to pay a premium under sub. (4) (a) 1., maintains premium payments calculated by the department in accordance with sub. (4), unless the individual is exempted from premium payments under sub. (4) (b) or (5).

AB40,1160 Section 1160. 49.472 (3m) of the statutes is created to read:

AB40,588,24 49.472 (3m) Verifying income. The department shall verify income from work activity under sub. (3) (a) and (g) through documentation provided by the individual. The department shall require that, for an individual to be engaged in gainful employment under sub. (3) (g), the individual must be working and paying, or having withheld, federal social security and Medicare taxes and other applicable state or federal income taxes. The department shall require that the individual provide documentation of the taxes paid or withheld.

AB40,1161 Section 1161. 49.472 (4) (a) (intro.) of the statutes is repealed.

AB40,1162 Section 1162. 49.472 (4) (a) 1. of the statutes is repealed and recreated to read:

AB40,589,5 49.472 (4) (a) 1. An individual who is eligible for medical assistance under sub. (3) and receives medical assistance shall pay a monthly premium to the department if the individual's total earned and unearned income is equal to at least 150 percent of the poverty line for an individual.

AB40,1163 Section 1163. 49.472 (4) (a) 1m. of the statutes is created to read:

AB40,589,9 49.472 (4) (a) 1m. Except as provided in par. (b), the premium required under subd. 1. shall be equal to 3 percent of the individual's total earned and unearned income, after the deductions specified in subd. 2., rounded down to the nearest $25.

AB40,1164 Section 1164. 49.472 (4) (a) 2. (intro.) of the statutes is amended to read:

AB40,589,13 49.472 (4) (a) 2. (intro.) In determining an individual's total earned and unearned income under subd. 1. 1m., the department shall disregard all of the following:

AB40,1165 Section 1165. 49.472 (4) (a) 2m. of the statutes is repealed.

AB40,1166 Section 1166. 49.472 (4) (a) 3. of the statutes is amended to read:

AB40,589,17 49.472 (4) (a) 3. The Subject to par. (b), the department may reduce the premium by 25% for an individual who is covered by private health insurance.

AB40,1167 Section 1167 . 49.472 (4) (b) of the statutes is amended to read:

AB40,589,24 49.472 (4) (b) The department may waive monthly premiums that are calculated to be below $10 minimum premium payable by an individual specified in par. (a) 1. is $50 per month. Unless otherwise provided by the department by a policy created under s. 49.45 (2m) (c), the department may not assess a monthly premium for any individual whose income level, after adding the individual's total earned income and unearned income, is below 150% of the poverty line for an individual.

AB40,1168 Section 1168 . 49.472 (4) (b) of the statutes, as affected by 2011 Wisconsin Act 32 and 2013 Wisconsin Act .... (this act), is repealed and recreated to read:

AB40,590,6 49.472 (4) (b) The minimum premium payable by an individual specified in par. (a) 1. is $50 per month. The department may not assess a monthly premium for any individual whose total earned and unearned income is below 150 percent of the poverty line for an individual.

AB40,1169 Section 1169. 49.472 (5) of the statutes is amended to read:

AB40,590,11 49.472 (5) Community options participants. From the appropriation under s. 20.435 (7) (bd), the department may pay all or a portion of the monthly premium calculated under sub. (4) (a) for an individual who is a participant in the community options program under s. 46.27 (11).

AB40,1170 Section 1170. 49.475 (title) of the statutes is amended to read:

AB40,590,14 49.475 (title) Information about assistance program beneficiaries; electronic submission of claims.

AB40,1171 Section 1171. 49.475 (2) (except 49.475 (2) (title)) of the statutes is renumbered 49.475 (2) (ac), and 49.475 (2) (ac) 1. b. and 4. (intro.), as renumbered, are amended to read:

AB40,590,20 49.475 (2) (ac) 1. b. If subd. 1. a. applies, the nature and period of time of any coverage, benefit, or service provided, including the name, address, and identifying number of any applicable coverage plan.

AB40,590,25 4. (intro.) If all of the following apply, agree not to deny a claim submitted by the department under par. (b) subd. 2. solely because of the claim's submission date, the type or format of the claim form, or failure by a recipient to present proper documentation at the time of delivery of the service, benefit, or item that is the basis of the claim:

AB40,1172 Section 1172. 49.475 (2) (bc) of the statutes is created to read:

AB40,591,6 49.475 (2) (bc) A 3rd party shall accept the submission of claims from the department under par. (ac) 2. in electronic form and shall timely pay the claims in the manner provided in s. 628.46 (1) and (2). For purposes of timely payment of claims under this paragraph, "written notice" under s. 628.46 (1) includes receipt of a claim in electronic form.

AB40,1173 Section 1173. 49.475 (2m) (a) of the statutes is amended to read:

AB40,591,11 49.475 (2m) (a) The information that the department may request under this section is limited to the information specified in sub. (2) (a) (ac) 1. and does not include an employer's name unless that information is necessary for the department or a provider to obtain 3rd-party payment for an item or service.

AB40,1174 Section 1174. 49.475 (2m) (b) of the statutes is amended to read:

AB40,591,17 49.475 (2m) (b) If information under sub. (2) (a) (ac) 1. may be available from more than one source that includes an employer operating a self-insured plan, the department shall seek the information first from a 3rd-party administrator or other entity identified in sub. (1) (f) 7. or pharmacy benefits manager before seeking the information from the employer.

AB40,1175 Section 1175. 49.475 (3) (intro.) of the statutes is amended to read:

AB40,591,21 49.475 (3) Written agreement. (intro.) Upon requesting a 3rd party to provide the information under sub. (2) (a) (ac) 1., the department and the 3rd party shall enter into a written agreement that satisfies all of the following:

AB40,1176 Section 1176. 49.475 (4) (a) of the statutes is amended to read:

AB40,592,2 49.475 (4) (a) A 3rd party shall provide the information requested under sub. (2) (a) (ac) 1. within 180 days after receiving the department's request if it is the first time that the department has requested the 3rd party to disclose information under this section.

AB40,1177 Section 1177. 49.475 (4) (b) of the statutes is amended to read:

AB40,592,7 49.475 (4) (b) A 3rd party shall provide the information requested under sub. (2) (a) (ac) 1. within 30 days after receiving the department's request if the department has previously requested the 3rd party to disclose information under this section.

AB40,1178 Section 1178. 49.475 (5) of the statutes is amended to read:

AB40,592,13 49.475 (5) Reimbursement of costs. From the appropriations under s. 20.435 (4) (bm) and (pa), the department shall reimburse a 3rd party that provides information under sub. (2) (a) (ac) 1. for the 3rd party's reasonable costs incurred in providing the requested information, including its reasonable costs, if any, to develop and operate automated systems specifically for the disclosure of the information.

AB40,1179 Section 1179. 49.496 (1) (a) of the statutes is renumbered 49.496 (1) (ah).

AB40,1180 Section 1180. 49.496 (1) (af) of the statutes is created to read:

AB40,592,17 49.496 (1) (af) "Decedent" means a deceased recipient or a deceased nonrecipient surviving spouse, whichever is applicable.

AB40,1181 Section 1181. 49.496 (1) (bk) of the statutes is created to read:

AB40,592,19 49.496 (1) (bk) "Long-term care program" means any of the following:

AB40,592,20 1. The family care program providing the benefit under s. 46.286.

AB40,592,24 2. The self-directed services option that operates under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c) in which an enrolled individual selects his or her own services and service providers.

AB40,593,3 3. The family care partnership program that is an integrated health and long-term care program operated under an amendment to the state medical assistance plan under 42 USC 1396u-2 and a waiver under 42 USC 1396n (c).

AB40,593,4 4. The program for all-inclusive care for the elderly under 42 USC 1396u-4.

AB40,593,9 5. Any program that provides long-term care services and is operated by the department under an amendment to the state medical assistance plan under 42 USC 1396n (i) or 42 USC 1396u-2; a waiver of medical assistance laws under 42 USC 1396n (c), 42 USC 1396n (b) and (c), or 42 USC 1396u; or a demonstration project under 42 USC 1315 or 42 USC 1396n (c).

AB40,1182 Section 1182. 49.496 (1) (bw) of the statutes is created to read:

AB40,593,13 49.496 (1) (bw) "Nonrecipient surviving spouse" means any person who was married to a recipient while the recipient was receiving services for which the cost may be recovered under sub. (3) (a) and who survived the recipient.

AB40,1183 Section 1183. 49.496 (1) (cm) of the statutes is created to read:

AB40,593,19 49.496 (1) (cm) 1. "Property of a decedent" means all real and personal property to which the recipient held any legal title or in which the recipient had any legal interest immediately before death, to the extent of that title or interest, including assets transferred to a survivor, heir, or assignee through joint tenancy, tenancy in common, survivorship, life estate, living trust, or any other arrangement.

AB40,593,25 2. Notwithstanding subd. 1., "property of a decedent" includes all real and personal property in which the nonrecipient surviving spouse had an ownership interest at the recipient's death and in which the recipient had a marital property interest with that nonrecipient surviving spouse at any time within 5 years before the recipient applied for medical assistance or during the time that the recipient was eligible for medical assistance.

AB40,1184 Section 1184. 49.496 (3) (a) (intro.) of the statutes is amended to read:

AB40,594,6 49.496 (3) (a) (intro.) Except as provided in par. (b), the department shall file a claim against the estate of a recipient, and against the estate of a nonrecipient surviving spouse, for all of the following, subject to the exclusion of any amounts under the Long-Term Care Partnership Program established under s. 49.45 (31), unless already recovered by the department under this section:

AB40,1185 Section 1185. 49.496 (3) (a) 2. a. of the statutes is amended to read:

AB40,594,10 49.496 (3) (a) 2. a. Home-based or community-based services under 42 USC 1396d (a) (7) and (8) and under any waiver granted under 42 USC 1396n (c) (4) (B) or 42 USC 1396u.