49.46(2)(b)6.g.
g. Nursing services, including services performed by a nurse practitioner, as defined in rules that the department shall promulgate.
49.46(2)(b)6.h.
h. Legend drugs, as listed in the Wisconsin medical assistance drug index.
49.46(2)(b)6.i.
i. Over-the-counter drugs listed by the department in the Wisconsin medical assistance drug index.
49.46(2)(b)6.L.
L. Mental health and psychosocial rehabilitative services, including case management services, provided by the staff of a community support program certified under
s. 49.45 (2) (a) 11.
49.46(2)(b)6.Lm.
Lm. Subject to the limitations under
s. 49.45 (30e), psychosocial services, including case management services, provided by the staff of a community-based psychosocial service program.
49.46(2)(b)6.m.
m. Respiratory care services for ventilator-dependent individuals.
49.46(2)(b)12.
12. Care coordination for women with high-risk pregnancies.
49.46(2)(b)13.
13. Care coordination and follow-up of persons having lead poisoning or lead exposure, as defined in
s. 254.11 (9), including lead inspections.
49.46(2)(b)16.
16. Case management services for recipients with high-cost chronic health conditions or high-cost catastrophic health conditions, if the department operates a program under
s. 49.45 (43).
49.46(2)(b)18.
18. Alcohol or other drug abuse residential treatment services of no more than 45 days per treatment episode, under
s. 49.45 (46). This subdivision does not apply after July 1, 2003.
49.46(2)(be)
(be) Benefits for an individual eligible under
sub. (1) (a) 9. are limited to those services under
par. (a) or
(b) that are related to pregnancy, including postpartum services and family planning services, as defined in
s. 253.07 (1) (b), or related to other conditions which may complicate pregnancy.
49.46(2)(bm)
(bm) Benefits for an individual who is eligible for medical assistance only under
sub. (1) (a) 15. are limited to those services related to tuberculosis that are described in
42 USC 1396a (z) (2).
49.46(2)(c)2.
2. For an individual who is entitled to coverage under part A of medicare, entitled to coverage under part B of medicare, meets the eligibility criteria under
sub. (1) and meets the limitation on income under
subd. 6., medical assistance shall include payment of the deductible and coinsurance portions of medicare services under
42 USC 1395 to
1395zz which are not paid under
42 USC 1395 to
1395zz, including those medicare services that are not included in the approved state plan for services under
42 USC 1396; the monthly premiums payable under
42 USC 1395v; the monthly premiums, if applicable, under
42 USC 1395i-2 (d); and the late enrollment penalty, if applicable, for premiums under part A of medicare. Payment of coinsurance for a service under part B of medicare under
42 USC 1395j to
1395w may not exceed the allowable charge for the service under medical assistance minus the medicare payment.
49.46(2)(c)3.
3. For an individual who is only entitled to coverage under part A of medicare, meets the eligibility criteria under
sub. (1) and meets the limitation on income under
subd. 6., medical assistance shall include payment of the deductible and coinsurance portions of medicare services under
42 USC 1395 to
1395i which are not paid under
42 USC 1395 to
1395i, including those medicare services that are not included in the approved state plan for services under
42 USC 1396; the monthly premiums, if applicable, under
42 USC 1395i-2 (d); and the late enrollment penalty, if applicable, for premiums under part A of medicare.
49.46(2)(c)4.
4. For an individual who is entitled to coverage under part A of medicare, entitled to coverage under part B of medicare and meets the eligibility criteria for medical assistance under
sub. (1), but does not meet the limitation on income under
subd. 6., medical assistance shall include payment of the deductible and coinsurance portions of medicare services under
42 USC 1395 to
1395zz which are not paid under
42 USC 1395 to
1395zz, including those medicare services that are not included in the approved state plan for services under
42 USC 1396. Payment of coinsurance for a service under part B of medicare under
42 USC 1395j to
1395w may not exceed the allowable charge for the service under medical assistance minus the medicare payment.
49.46(2)(c)5.
5. For an individual who is only entitled to coverage under part A of medicare and meets the eligibility criteria for medical assistance under
sub. (1), but does not meet the limitation on income under
subd. 6., medical assistance shall include payment of the deductible and coinsurance portions of medicare services under
42 USC 1395 to
1395i which are not paid under
42 USC 1395 to
1395i, including those medicare services that are not included in the approved state plan for services under
42 USC 1396.
49.46(2)(c)5m.
5m. For an individual who is only entitled to coverage under part B of medicare and meets the eligibility criteria under
sub. (1), but does not meet the limitation on income under
subd. 6., medical assistance shall include payment of the deductible and coinsurance portions of medicare services under
42 USC 1395j to
1395w, including those medicare services that are not included in the approved state plan for services under
42 USC 1396. Payment of coinsurance for a service under part B of medicare may not exceed the allowable charge for the service under medical assistance minus the medicare payment.
49.46(2)(c)6.
6. The income limitation under this paragraph is income that is equal to or less than 100% of the poverty line, as established under
42 USC 9902 (2).
49.46(2)(cm)1.1. Beginning on January 1, 1993, for an individual who is entitled to coverage under part A of medicare, is entitled to coverage under part B of medicare, meets the eligibility criteria under
sub. (1) and meets the limitation on income under
subd. 2., medical assistance shall pay the monthly premiums under
42 USC 1395r.
49.46(2)(cm)2.
2. Benefits under
subd. 1. are available for an individual whose income is greater than 100% of the poverty line but less than 120% of the poverty line.
49.46(2)(d)
(d) Benefits authorized under this subsection may not include payment for that part of any service payable through 3rd party liability or any federal, state, county, municipal or private benefit system to which the beneficiary is entitled. "Benefit system" does not include any public assistance program such as, but not limited to, Hill-Burton benefits under
42 USC 291c (e), in effect on April 30, 1980, or relief funded by a relief block grant.
49.46(2)(dm)
(dm) Benefits under this section may not include payment for services to individuals aged 21 to 64 who are residents of an institution for mental diseases and who are otherwise eligible for medical assistance, except for individuals under 22 years of age who were receiving these services immediately prior to reaching age 21 and continuously thereafter and except for services to individuals who are on convalescent leave or are conditionally released from the institution for mental diseases. For purposes of this paragraph, the department shall define "convalescent leave" and "conditional release" by rule.
49.46(2)(f)
(f) Benefits under this subsection may not include payment for gastric bypass surgery or gastric stapling surgery unless it is performed because of a medical emergency.
49.46 History
History: 1971 c. 125,
211,
215;
1973 c. 90,
147;
1975 c. 39;
1977 c. 29 ss.
592m,
1656 (18);
1977 c. 389,
418;
1979 c. 34,
221;
1981 c. 20,
93,
317;
1983 a. 27;
1983 a. 189 s.
329 (5);
1983 a. 245 ss.
10,
15;
1983 a. 538;
1985 a. 29,
120,
176,
253;
1987 a. 27,
307,
339,
399,
413;
1989 a. 9;
1989 a. 31 ss.
1454d to
1460 and
2909g,
2909i;
1989 a. 122,
173,
333,
336,
351;
1991 a. 39,
178,
269,
316;
1993 a. 16,
99,
269,
277,
446,
450,
491;
1995 a. 27,
77,
164,
289,
303,
457;
1997 a. 27,
35,
105,
237;
1999 a. 9.
49.46 Annotation
Categorically needy person applying for assistance under this section need not comply with divestment of assets provisions under 49.47 (4) (d). Sinclair v. H&SS Department,
77 Wis. 2d 322,
253 N.W.2d 245.
49.46 Annotation
Sub. (1) (b) and s. 49.47 (6) (d) limit retroactive medical assistance payments to services received not more than three months prior to the date the application was submitted. St. Paul Ramsey Medical Center v. DHSS,
186 Wis. 2d 37,
519 N.W.2d 706 (Ct. App. 1994).
49.46 Annotation
States need not fund nontherapeutic abortions. Beal v. Doe, 432 US 438.
49.465
49.465
Presumptive medical assistance eligibility. 49.465(1)(1) In this section, "qualified provider" means a provider which satisfies the requirements under
42 USC 1396r-1 (b) (2), as determined by the department.
49.465(2)
(2) A pregnant woman is eligible for medical assistance benefits, as provided under
sub. (3), during the period beginning on the day on which a qualified provider determines, on the basis of preliminary information, that the woman's family income does not exceed the highest level for eligibility for benefits under
s. 49.46 (1) or
49.47 (4) (am) or
(c) 1. and ending as follows:
49.465(2)(a)
(a) If the woman applies for benefits under
s. 49.46 or
49.47 within the time required under
sub. (4), the day on which the department or the county department under
s. 46.215,
46.22 or
46.23 determines whether the woman is eligible for benefits under
s. 49.46 or
49.47.
49.465(2)(c)
(c) If the woman does not apply for benefits under
s. 49.46 or
49.47 within the time required under
sub. (4), the last day of the month following the month in which the provider makes the determination under this subsection.
49.465(3)
(3) The department shall audit and pay allowable charges to a provider certified under
s. 49.45 (2) (a) 11. for medical assistance on behalf of a recipient under this section only for ambulatory prenatal care covered under
s. 49.46 (2).
49.465(4)
(4) A woman who is determined to be eligible under this section shall apply for benefits under
s. 49.46 or
49.47 on or before the last day of the month following the month in which the qualified provider makes that determination.
49.465(5)
(5) A qualified provider which determines that a woman is eligible under this section shall do all of the following:
49.465(5)(a)
(a) Notify the department of that determination within 5 working days after the day the determination is made.
49.465(6)
(6) The department shall provide qualified providers with application forms for medical assistance under
ss. 49.46 and
49.47 and information on how to assist women in completing the forms.
49.468
49.468
Expanded medicare buy-in. 49.468(1)(b)
(b) For an elderly or disabled individual who is entitled to coverage under part A of medicare, entitled to coverage under part B of medicare and who does not meet the eligibility criteria for medical assistance under
s. 49.46 (1),
49.465 or
49.47 (4) but meets the limitations on income and resources under
par. (d), medical assistance shall pay the deductible and coinsurance portions of medicare services under
42 USC 1395 to
1395zz which are not paid under
42 USC 1395 to
1395zz, including those medicare services that are not included in the approved state plan for services under
42 USC 1396; the monthly premiums payable under
42 USC 1395v; the monthly premiums, if applicable, under
42 USC 1395i-2 (d); and the late enrollment penalty, if applicable, for premiums under part A of medicare. Payment of coinsurance for a service under part B of medicare under
42 USC 1395j to
1395w may not exceed the allowable charge for the service under medical assistance minus the medicare payment.
49.468(1)(c)
(c) For an elderly or disabled individual who is only entitled to coverage under part A of medicare and who does not meet the eligibility criteria for medical assistance under
s. 49.46 (1),
49.465 or
49.47 (4) but meets the limitations on income and resources under
par. (d), medical assistance shall pay the deductible and coinsurance portions of medicare services under
42 USC 1395 to
1395i which are not paid under
42 USC 1395 to
1395i, including those medicare services that are not included in the approved state plan for services under
42 USC 1396; the monthly premiums, if applicable, under
42 USC 1395i-2 (d); and the late enrollment penalty for premiums under part A of medicare, if applicable.
49.468(1)(d)
(d) Benefits under
par. (b) or
(c) are available for an individual who has resources that are equal to or less than 200% of the allowable resources as determined under
42 USC 1381 to
1385 and income that is equal to or less than 100% of the poverty line.
49.468(1)(e)
(e) In determining under this subsection the income of an individual who is entitled to a monthly social security benefit under
42 USC 401 to
433, the department shall exclude, from December until the month after the month in which the annual revision of the poverty line is published, the amount of the social security benefit attributable to a cost-of-living increase under
42 USC 415 (i).
49.468(1m)(a)(a) Beginning on January 1, 1993, for an elderly or disabled individual who is entitled to coverage under part A of medicare and is entitled to coverage under part B of medicare, does not meet the eligibility criteria for medical assistance under
s. 49.46 (1),
49.465 or
49.47 (4) but meets the limitations on income and resources under
par. (b), medical assistance shall pay the monthly premiums under
42 USC 1395r.
49.468(1m)(b)
(b) Benefits under
par. (a) are available for an individual who has resources that are equal to or less than 200% of the allowable resources determined under
42 USC 1381 to
1385 and income that is greater than 100% of the poverty line but less than 120% of the poverty line.
49.468(2)(a)(a) Beginning on January 1, 1991, for a disabled working individual who is entitled under
P.L. 101-239, section 6012 (a), to coverage under part A of medicare and who does not meet the eligibility criteria for medical assistance under
s. 49.46 (1),
49.465 or
49.47 (4) but meets the limitations on income and resources under
par. (b), medical assistance shall pay the monthly premiums for the coverage under part A of medicare, including late enrollment fees, if applicable.
49.468(2)(b)
(b) Benefits under
par. (a) are available for an individual who has resources that are equal to or less than 200% of the allowable resources under
42 USC 1381 to
1385 and income that is equal to or less than 200% of the poverty line.
49.47
49.47
Medical assistance; medically indigent. 49.47(1)
(1)
Purpose. Medical assistance as set forth herein shall be provided to persons over 65, if eligible under this section, all disabled children under 18, if eligible under this section, and persons who are blind or disabled, if eligible under this section.
49.47(2)
(2) Definitions. As used in this section, unless the context indicates otherwise:
49.47(2)(a)
(a) "Beneficiary" means a person eligible for, and a recipient of, medical assistance under this section.
49.47(2)(b)
(b) "Illness" means a bodily disorder, bodily injury, disease or mental disease. All illnesses existing simultaneously which are due to the same or related causes shall be considered "one illness." Successive periods of illness less than 6 months apart, which are due to the same or related causes, shall also be considered "one illness."
49.47(3)(a)(a) At any time any resident of this state who believes himself or herself medically indigent and qualified for aid under this section may make application, on forms prescribed by the department. If eligibility is questionable by reason of the information contained on the application or is incomplete, further investigation shall be made to determine eligibility.
49.47(3)(b)
(b) The agency shall promptly review the application and shall issue a certificate to the individual showing eligibility when eligibility has been established.
49.47(3)(c)
(c) The department shall simplify applications for benefits for pregnant women and children under
sub. (4) and shall make the simplified applications available in the offices of health care providers.
49.47(4)(a)(a) Any individual who meets the limitations on income and resources under
pars. (b) and
(c) and who complies with
par. (cm) shall be eligible for medical assistance under this section if such individual is:
49.47(4)(a)1.
1. Under 18 years of age or, if the person resides in an intermediate care facility, skilled nursing facility or inpatient psychiatric hospital, under 21 years of age.
49.47(4)(a)2.
2. Pregnant and the woman's pregnancy is medically verified. Eligibility continues to the last day of the month in which the 60th day after the last day of the pregnancy falls.
49.47(4)(a)4.
4. Blind or totally and permanently disabled as defined under federal Title XVI.
49.47(4)(am)
(am) An individual who does not meet the limitation on income in
par. (c) is eligible for medical assistance under this section if the individual is one of the following:
49.47(4)(am)1.
1. A pregnant woman whose family income does not exceed 155% of the poverty line for a family the size of the woman's family, except that if a waiver under
par. (j) or a change in the approved state plan under
s. 49.46 (1) (am) 2. is in effect, the income limit is 185% of the poverty line for a family the size of the woman's family in each state fiscal year after the 1994-95 state fiscal year.
49.47(4)(am)2.
2. A child who is under 6 years of age and whose family income does not exceed 155% of the poverty line for a family the size of the child's family, except that if a waiver under
par. (j) or a change in the approved state plan under
s. 49.46 (1) (am) 2. is in effect, the income limit is 185% of the poverty line for a family the size of the child's family in each state fiscal year after the 1994-95 state fiscal year.
