49.472(4)(a)2m.
2m. If the disregards under
subd. 2. exceed the unearned income against which they are applied, the department shall disregard the remainder in calculating the individual's earned income.
49.472(4)(a)3.
3. The department may reduce the premium by 25% for an individual who is covered by private health insurance.
49.472(4)(b)
(b) The department may waive monthly premiums that are calculated to be below $10 per month. The department may not assess a monthly premium for any individual whose income level, after adding the individual's earned income and unearned income, is below 150% of the poverty line.
49.472(5)
(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).
49.472(6)(a)(a) Notwithstanding
sub. (4) (a) 3., from the appropriation account under
s. 20.435 (4) (b),
(gp), or
(w), the department shall, on the part of an individual who is eligible for medical assistance under
sub. (3), pay premiums for or purchase individual coverage offered by the individual's employer if the department determines that paying the premiums for or purchasing the coverage will not be more costly than providing medical assistance.
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.
DHS 103 and
107 and s.
DHS 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.
49.475
49.475
Information about medical assistance beneficiaries. 49.475(1)(ag)
(ag) "Covered entity" means any of the following that is not an insurer:
49.475(1)(ag)2.
2. An employer, as defined in
s. 101.01 (4), labor union, or other group of persons organized in this state if the employer, labor union, or other group provides prescription drug coverage to covered individuals who reside or are employed in this state.
49.475(1)(ag)3.
3. A comprehensive or limited health care benefits program administered by the state that provides prescription drug coverage.
49.475(1)(am)
(am) "Covered individual" means an individual who is a member, participant, enrollee, policyholder, certificate holder, contract holder, or beneficiary of a covered entity, or a dependent of the individual, and who receives prescription drug coverage from or through the covered entity.
49.475(1)(c)
(c) "Pharmacy benefits management" means the procurement of prescription drugs at a negotiated rate for dispensation in this state to covered individuals; the administration or management of prescription drug benefits provided by a covered entity for the benefit of covered individuals; or any of the following services provided in the administration of pharmacy benefits:
49.475(1)(c)2.
2. Claims processing, retail network management, and payment of claims to pharmacies for prescription drugs dispensed to covered individuals.
49.475(1)(c)3.
3. Clinical formulary development and management services.
49.475(1)(c)5.
5. Conduct of patient compliance, therapeutic intervention, generic substitution, and disease management programs.
49.475(1)(d)
(d) "Pharmacy benefits manager" means a person that performs pharmacy benefits management functions.
49.475(1)(e)
(e) "Recipient" means an individual or his or her spouse or dependent who has been or is one of the following:
49.475(1)(e)1.
1. A recipient of medical assistance or of a program administered under medical assistance under a waiver of federal Medicaid laws.
49.475(1)(e)5.
5. A participant in the program of prescription drug assistance for elderly persons under
s. 49.688.
49.475(1)(f)
(f) "Third party" means an entity that by statute, rule, or contract is responsible for payment of a claim for a health care item or service. "Third party" includes all of the following:
49.475(2)
(2) Requirements of 3rd parties. As a condition of doing business in this state, a 3rd party shall do all of the following:
49.475(2)(a)
(a) Upon the department's request and in the manner prescribed by the department, provide information to the department necessary for the department to ascertain all of the following with respect to a recipient:
49.475(2)(a)1.
1. Whether the recipient is being or has been provided coverage or a benefit or service by a 3rd party.
49.475(2)(a)2.
2. If
subd. 1. 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.
49.475(2)(b)
(b) Accept assignment to the department of a right of a recipient to receive 3rd-party payment for an item or service for which payment under medical assistance has been made and accept the department's right to recover any 3rd-party payment made for which assignment has not been accepted.
49.475(2)(c)
(c) Respond to an inquiry by the department concerning a claim for payment of a health care item or service if the department submits the inquiry less than 36 months after the date on which the health care item or service was provided.
49.475(2)(d)
(d) If all of the following apply, agree not to deny a claim submitted by the department under
par. (b) 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:
49.475(2)(d)1.
1. The department submits the claim less than 36 months after the date on which the health care item or service was provided.
49.475(2)(d)2.
2. Action by the department to enforce the department's rights under this section with respect to the claim is commenced less than 72 months after the department submits the claim.
49.475(3)
(3) Written agreement. Upon requesting a 3rd party to provide the information under
sub. (2) (a), the department and the 3rd party shall enter into a written agreement that satisfies all of the following:
49.475(3)(a)
(a) Identifies the detailed format of the information to be provided to the department.
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 3rd party'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) A 3rd party shall provide the information requested under
sub. (2) (a) 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.
49.475(4)(b)
(b) A 3rd party shall provide the information requested under
sub. (2) (a) within 30 days after receiving the department's request if the department has previously requested the 3rd party 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(4)(d)
(d) If a 3rd party other than an insurer fails to comply with
par. (a) or
(b), the department may so notify the attorney general.
49.475(5)
(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) 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.
49.475(6)
(6) Sharing information. The department of health services shall provide to the department of children and families, for purposes of the medical support liability program under
s. 49.22, any information that the department of health services receives under this section. The department of children and families may allow a county child support agency under
s. 59.53 (5) or a tribal child support agency access to the information, subject to the use and disclosure restrictions under
s. 49.83, and shall consult with the department of health services regarding procedures and methods to adequately safeguard the confidentiality of the information provided under this subsection.
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 children and families. A certification issued or renewed in reliance upon a false statement submitted under this subsection is invalid.
49.48(2)
(2) The department may not disclose any information received under
sub. (1) to any person except to the department of children and families for the purpose of making certifications required under
s. 49.857.
49.48(3)
(3) The department 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 children and families 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 children and families or a county child support agency under
s. 59.53 (5) and related to paternity or child support proceedings.
49.485
49.485
False claims. Whoever knowingly presents or causes to be presented to any officer, employee, or agent of this state a false claim for medical assistance shall forfeit not less than $5,000 nor more than $10,000, plus 3 times the amount of the damages that were sustained by the state or would have been sustained by the state, whichever is greater, as a result of the false claim. The attorney general may bring an action on behalf of the state to recover any forfeiture incurred under this section.
49.485 History
History: 2007 a. 20.
