49.472(6)(b)
(b) If federal financial participation is available, from the appropriation account under
s. 20.435 (4) (b),
(gp), or
(w), the department may pay medicare Part A and Part B premiums for individuals who are eligible for medicare and for medical assistance under
sub. (3).
49.472(7)
(7) Department duties. The department shall do all of the following:
49.472(7)(a)
(a) Determine eligibility, or contract with a county department, as defined in 49.45 (6c) (a) 3., or with a tribal governing body to determine eligibility, of individuals for the medical assistance purchase plan in accordance with
sub. (3).
49.472(7)(b)
(b) Ensure, to the extent practicable, continuity of care for a medical assistance recipient under this section who is engaged in paid employment, or is enrolled in a home-based or community-based waiver program under section 1915 (c) of the Social Security Act, and who becomes ineligible for medical assistance.
49.472 Cross-reference
Cross Reference: See also chs.
HFS 103 and
107 and s.
HFS 103.087, Wis. adm. code.
49.473
49.473
Medical assistance; women diagnosed with breast or cervical cancer or precancerous conditions. 49.473(2)
(2) A woman is eligible for medical assistance as provided under
sub. (5) if, after applying to the department or a county department, the department or a county department determines that she meets all of the following requirements:
49.473(2)(c)
(c) The woman is not eligible for health care coverage that qualifies as creditable coverage in
42 USC 300gg (c), excluding the coverage specified in
42 USC 300gg (c) (1) (F).
49.473(2)(d)
(d) The woman has been screened for breast or cervical cancer under a breast and cervical cancer early detection program that is authorized under a grant received under
42 USC 300k.
49.473(2)(e)
(e) The woman requires treatment for breast or cervical cancer or for a precancerous condition of the breast or cervix.
49.473(3)
(3) Prior to applying to the department or a county department for medical assistance, a woman is eligible for medical assistance as provided under
sub. (5) beginning on the date on which a qualified entity determines, on the basis of preliminary information, that the woman meets the requirements specified in
sub. (2) and ending on one of the following dates:
49.473(3)(a)
(a) If the woman applies to the department or a county department for medical assistance within the time limit required under
sub. (4), the day on which the department or county department determines whether the woman meets the requirements under
sub. (2).
49.473(3)(b)
(b) If the woman does not apply to the department or county department for medical assistance within the time limit required under
sub. (4), the last day of the month following the month in which the qualified entity determines that the woman is eligible for medical assistance.
49.473(4)
(4) A woman who a qualified entity determines under
sub. (3) is eligible for medical assistance shall apply to the department or county department no later than the last day of the month following the month in which the qualified entity determines that the woman is eligible for medical assistance.
49.473(5)
(5) The department shall audit and pay, from the appropriation accounts under
s. 20.435 (4) (b),
(gp), and
(o), allowable charges to a provider who is certified under
s. 49.45 (2) (a) 11. for medical assistance on behalf of a woman who meets the requirements under
sub. (2) for all benefits and services specified under
s. 49.46 (2).
49.473(6)
(6) A qualified entity that determines under
sub. (3) that a woman is eligible for medical assistance as provided under
sub. (5) shall do all of the following:
49.473(6)(a)
(a) Notify the department of the determination no later than 5 days after the date on which the determination is made.
49.473(6)(b)
(b) Inform the woman at the time of the determination that she is required to apply to the department or a county department for medical assistance no later than the last day of the month following the month in which the qualified entity determines that the woman is eligible for medical assistance.
49.473(7)
(7) The department shall provide qualified entities with application forms for medical assistance and information on how to assist women in completing the form.
49.473 History
History: 2001 a. 16,
104;
2003 a. 33.
49.475
49.475
Information about medical assistance beneficiaries. 49.475(2)
(2) Disclosure to department. An insurer that issues or delivers a disability insurance policy that provides coverage to a resident of this state shall provide to the department, upon the department's request, information contained in the insurer's records regarding all of the following:
49.475(2)(a)
(a) Information that the department needs to identify beneficiaries of medical assistance who satisfy any of the following:
49.475(2)(a)1.
1. Are eligible for benefits under a disability insurance policy.
49.475(2)(a)2.
2. Would be eligible for benefits under a disability insurance policy if the beneficiary were enrolled as a dependent of a person insured under the disability insurance policy.
49.475(2)(b)
(b) Information required for submittal of claims under the insurer's disability insurance policy.
49.475(2)(c)
(c) The types of benefits provided by the disability insurance policy.
49.475(3)
(3) Written agreement. Upon requesting an insurer to provide the information under
sub. (2), the department shall enter into a written agreement with the insurer that satisfies all of the following:
49.475(3)(a)
(a) Identifies in detail the information to be disclosed.
49.475(3)(b)
(b) Includes provisions that adequately safeguard the confidentiality of the information to be disclosed.
49.475(3)(c)
(c) Specifies how the insurer's reimbursable costs under
sub. (5) will be determined and specifies the manner of payment.
49.475(4)
(4) Deadline for response; enforcement. 49.475(4)(a)(a) An insurer shall provide the information requested under
sub. (2) within 180 days after receiving the department's request if it is the first time that the department has requested the insurer to disclose information under this section.
49.475(4)(b)
(b) An insurer shall provide the information requested under
sub. (2) within 30 days after receiving the department's request if the department has previously requested the insurer to disclose information under this section.
49.475(4)(c)
(c) If an insurer fails to comply with
par. (a) or
(b), the department may notify the commissioner of insurance, and the commissioner of insurance may initiate enforcement proceedings against the insurer under
s. 601.41 (4) (a).
49.475(5)
(5) Reimbursement of costs. From the appropriations under
s. 20.435 (4) (bm) and
(pa), the department shall reimburse an insurer that provides information under this section for the insurer'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 information under this section.
49.475 History
History: 1991 a. 39;
1999 a. 9.
49.48
49.48
Denial, nonrenewal and suspension of certification of service providers based on certain delinquency in payment. 49.48(1)(1) Except as provided in
sub. (1m), the department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, as a condition of issuing or renewing a certification under
s. 49.45 (2) (a) 11. as an eligible provider of services.
49.48(1m)
(1m) If an individual who applies for or to renew a certification under
sub. (1) does not have a social security number, the individual, as a condition of obtaining the certification, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A certification issued or renewed in reliance upon a false statement submitted under this subsection is invalid.
49.48(2)
(2) The department of health and family services may not disclose any information received under
sub. (1) to any person except to the department of workforce development for the purpose of making certifications required under
s. 49.857.
49.48(3)
(3) The department of health and family services shall deny an application for the issuance or renewal of a certification specified in
sub. (1), shall suspend a certification specified in
sub. (1) or may, under a memorandum of understanding under
s. 49.857 (2), restrict a certification specified in
sub. (1) if the department of workforce development certifies under
s. 49.857 that the applicant for or holder of the certificate is delinquent in the payment of court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings.
49.48 History
History: 1997 a. 191;
1999 a. 9.
49.49
49.49
Medical assistance offenses. 49.49(1)(a)(a)
Prohibited conduct. No person, in connection with a medical assistance program, may:
49.49(1)(a)1.
1. Knowingly and willfully make or cause to be made any false statement or representation of a material fact in any application for any benefit or payment.
49.49(1)(a)2.
2. Knowingly and willfully make or cause to be made any false statement or representation of a material fact for use in determining rights to such benefit or payment.
49.49(1)(a)3.
3. Having knowledge of the occurrence of any event affecting the initial or continued right to any such benefit or payment or the initial or continued right to any such benefit or payment of any other individual in whose behalf he or she has applied for or is receiving such benefit or payment, conceal or fail to disclose such event with an intent fraudulently to secure such benefit or payment either in a greater amount or quantity than is due or when no such benefit or payment is authorized.
49.49(1)(a)4.
4. Having made application to receive any such benefit or payment for the use and benefit of another and having received it, knowingly and willfully convert such benefit or payment or any part thereof to a use other than for the use and benefit of such other person.
49.49(1)(b)
(b)
Penalties. Violators of this subsection may be punished as follows:
49.49(1)(b)1.
1. In the case of such a statement, representation, concealment, failure, or conversion by any person in connection with the furnishing by that person of items or services for which medical assistance is or may be made, a person violating this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in
s. 939.50 (3) (h), the person may be fined not more than $25,000.
49.49(1)(b)2.
2. In the case of such a statement, representation, concealment, failure, or conversion by any other person, a person convicted of violating this subsection may be fined not more than $10,000 or imprisoned for not more than one year in the county jail or both.
49.49(1)(c)
(c)
Damages. If any person is convicted under this subsection, the state shall have a cause of action for relief against such person in an amount 3 times the amount of actual damages sustained as a result of any excess payments made in connection with the offense for which the conviction was obtained. Proof by the state of a conviction under this section in a civil action shall be conclusive regarding the state's right to damages and the only issue in controversy shall be the amount, if any, of the actual damages sustained. Actual damages shall consist of the total amount of excess payments, any part of which is paid by state funds. In any such civil action the state may elect to file a motion in expedition of the action. Upon receipt of the motion, the presiding judge shall expedite the action.
49.49(2)
(2) Kickbacks, bribes and rebates. 49.49(2)(a)(a)
Solicitation or receipt of remuneration. Any person who solicits or receives any remuneration, including any kickback, bribe, or rebate, directly or indirectly, overtly or covertly, in cash or in kind, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under a medical assistance program, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under a medical assistance program, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in
s. 939.50 (3) (h), the person may be fined not more than $25,000.
49.49(2)(b)
(b)
Offer or payment of remuneration. Whoever offers or pays any remuneration including any kickback, bribe, or rebate directly or indirectly, overtly or covertly, in cash or in kind to any person to induce such person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under a medical assistance program, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under a medical assistance program, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in
s. 939.50 (3) (h), the person may be fined not more than $25,000.
49.49(2)(c)
(c)
Exceptions. This subsection shall not apply to:
49.49(2)(c)1.
1. A discount or other reduction in price obtained by a provider of services or other entity under
chs. 46 to
51 and
58 if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under a medical assistance program.
49.49(2)(c)2.
2. Any amount paid by an employer to an employee who has a bona fide employment relationship with such employer for employment in the provision of covered items or services.
49.49(3)
(3) Fraudulent certification of facilities. No person may knowingly and willfully make or cause to be made, or induce or seek to induce the making of, any false statement or representation of a material fact with respect to the conditions or operation of any institution or facility in order that such institution or facility may qualify either upon initial certification or upon recertification as a hospital, skilled nursing facility, intermediate care facility, or home health agency. A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in
s. 939.50 (3) (h), the person may be fined not more than $25,000.
49.49(3m)(a)(a) No provider may knowingly impose upon a recipient charges in addition to payments received for services under
ss. 49.45 to
49.47 or knowingly impose direct charges upon a recipient in lieu of obtaining payment under
ss. 49.45 to
49.47 except under the following conditions:
49.49(3m)(a)1.
1. Benefits or services are not provided under
s. 49.46 (2) and the recipient is advised of this fact prior to receiving the service.
49.49(3m)(a)2.
2. If an applicant is determined to be eligible retroactively under
s. 49.46 (1) (b) and a provider bills the applicant directly for services and benefits rendered during the retroactive period, the provider shall, upon notification of the applicant's retroactive eligibility, submit claims for reimbursement under
s. 49.45 for covered services or benefits rendered during the retroactive period. Upon receipt of payment, the provider shall reimburse the applicant or other person who has made prior payment to the provider. No provider may be required to reimburse the applicant or other person in excess of the amount reimbursed under
s. 49.45.
49.49(3m)(b)
(b) A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in
s. 939.50 (3) (h), the person may be fined not more than $25,000.
49.49(3p)
(3p) Other prohibited provider charges. No provider may knowingly violate
s. 609.91 (2).
49.49(4)
(4) Prohibited facility charges. 49.49(4)(a)(a) No person, in connection with the medical assistance program when the cost of the services provided to the patient is paid for in whole or in part by the state, may knowingly and willfully charge, solicit, accept or receive, in addition to any amount otherwise required to be paid under a medical assistance program, any gift, money, donation or other consideration, other than a charitable, religious or philanthropic contribution from an organization or from a person unrelated to the patient, as a precondition of admitting a patient to a hospital, skilled nursing facility or intermediate care facility, or as a requirement for the patient's continued stay in such a facility.
49.49(4)(b)
(b) A person who violates this subsection is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in
s. 939.50 (3) (h), the person may be fined not more than $25,000.
49.49(4m)
(4m) Prohibited conduct; forfeitures. 49.49(4m)(a)(a) No person, in connection with medical assistance, may:
49.49(4m)(a)1.
1. Knowingly make or cause to be made any false statement or representation of a material fact in any application for a benefit or payment.
49.49(4m)(a)2.
2. Knowingly make or cause to be made any false statement or representation of a material fact for use in determining rights to a benefit or payment.
49.49(4m)(a)3.
3. Knowingly conceal or fail to disclose any event of which the person has knowledge that affects his or her initial or continued right to a benefit or payment or affects the initial or continued right to a benefit or payment of any other person in whose behalf he or she has applied for or is receiving a benefit or payment.
49.49(4m)(b)
(b) A person who violates this subsection may be required to forfeit not less than $100 nor more than $15,000 for each statement, representation, concealment or failure.
49.49(5)
(5) County collection. Any county may retain 15% of state medical assistance funds that are recovered due to the efforts of a county employee or officer or, if the county initiates action by the department of justice, due to the efforts of the department of justice under
s. 49.495. This subsection applies only to recovery of medical assistance that was provided as a result of fraudulent activity by a recipient or by a provider.
49.49(6)
(6) Recovery. In addition to other remedies available under this section, the court may award the department of justice the reasonable and necessary costs of investigation, an amount reasonably necessary to remedy the harmful effects of the violation and the reasonable and necessary expenses of prosecution, including attorney fees, from any person who violates this section. The department of justice shall deposit in the state treasury for deposit in the general fund all moneys that the court awards to the department or the state under this subsection. The costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under
s. 20.455 (1) (gh).
