JPC:klm
2023 - 2024 LEGISLATURE
March 21, 2023 - Introduced by Representatives Rozar, Kurtz, Allen, Andraca,
Armstrong, Baldeh, Behnke, Billings, Bodden, Brandtjen, Conley,
Dittrich, Donovan, Doyle, Drake, Duchow, Emerson, Goyke, Green, Joers,
Kitchens, Krug, Madison, Michalski, Moore Omokunde, Mursau, Novak,
O'Connor, Ohnstad, Oldenburg, Ortiz-Velez, Ratcliff, Riemer, Rodriguez,
Schmidt, Schraa, Shankland, Sinicki, Snodgrass, Snyder, Stubbs, Subeck,
Summerfield, Tusler, VanderMeer, Vining, Wichgers, Jacobson and
Shelton, cosponsored by Senators Ballweg, Felzkowski, Carpenter,
Cowles, Feyen, Hesselbein, James, L. Johnson, Larson, Pfaff, Quinn, Roys,
Spreitzer, Taylor and Wimberger. Referred to Committee on Health, Aging
and Long-Term Care.
AB114,1,3 1An Act to amend 49.46 (1) (a) 1m., 49.46 (1) (j), 49.47 (4) (ag) 2., 49.471 (6) (b)
2and 49.471 (7) (b) 1. of the statutes; relating to: extension of eligibility under
3the Medical Assistance program for postpartum women.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Health Services to seek approval from the
federal Department of Health and Human Services to extend until the last day of the
month in which the 365th day after the last day of the pregnancy falls Medical
Assistance benefits to women who are eligible for those benefits when pregnant.
Currently, postpartum women are eligible for Medical Assistance benefits until the
last day of the month in which the 60th day after the last day of the pregnancy falls.
2021 Wisconsin Act 58 required DHS to seek approval from the federal Department
of Health and Human Services to extend these postpartum Medical Assistance
benefits until the last day of the month in which the 90th day after the last day of
the pregnancy falls. On June 3, 2022, DHS filed a Section 1115 Demonstration
Waiver application with the federal Centers for Medicare & Medicaid Services to
extend postpartum coverage for eligible Medical Assistance recipients, as required
by 2021 Wisconsin Act 58. The Medical Assistance program is a joint federal and
state program that provides health services to individuals who have limited financial
resources.

For further information see the state 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:
AB114,1 1Section 1. 49.46 (1) (a) 1m. of the statutes is amended to read:
AB114,2,62 49.46 (1) (a) 1m. Any pregnant woman whose income does not exceed the
3standard of need under s. 49.19 (11) and whose pregnancy is medically verified.
4Eligibility continues to the last day of the month in which the 60th day or, if approved
5by the federal government, the 90th 365th day after the last day of the pregnancy
6falls.
AB114,2 7Section 2. 49.46 (1) (j) of the statutes is amended to read:
AB114,2,128 49.46 (1) (j) An individual determined to be eligible for benefits under par. (a)
99. remains eligible for benefits under par. (a) 9. for the balance of the pregnancy and
10to the last day of the month in which the 60th day or, if approved by the federal
11government, the 90th 365th day after the last day of the pregnancy falls without
12regard to any change in the individual's family income.
AB114,3 13Section 3. 49.47 (4) (ag) 2. of the statutes is amended to read:
AB114,2,1714 49.47 (4) (ag) 2. Pregnant and the woman's pregnancy is medically verified.
15Eligibility continues to the last day of the month in which the 60th day or, if approved
16by the federal government, the 90th 365th day after the last day of the pregnancy
17falls.
AB114,4 18Section 4. 49.471 (6) (b) of the statutes is amended to read:
AB114,3,219 49.471 (6) (b) A pregnant woman who is determined to be eligible for benefits
20under sub. (4) remains eligible for benefits under sub. (4) for the balance of the
21pregnancy and to the last day of the month in which the 60th day or, if approved by

1the federal government, the 90th 365th day after the last day of the pregnancy falls
2without regard to any change in the woman's family income.
AB114,5 3Section 5. 49.471 (7) (b) 1. of the statutes is amended to read:
AB114,3,144 49.471 (7) (b) 1. A pregnant woman whose family income exceeds 300 percent
5of the poverty line may become eligible for coverage under this section if the
6difference between the pregnant woman's family income and the applicable income
7limit under sub. (4) (a) is obligated or expended for any member of the pregnant
8woman's family for medical care or any other type of remedial care recognized under
9state law or for personal health insurance premiums or for both. Eligibility obtained
10under this subdivision continues without regard to any change in family income for
11the balance of the pregnancy and to the last day of the month in which the 60th day
12or, if approved by the federal government, the 90th 365th day after the last day of the
13woman's pregnancy falls. Eligibility obtained by a pregnant woman under this
14subdivision extends to all pregnant women in the pregnant woman's family.
AB114,3,1515 (End)
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