49.46(1)(co)1.1. Except as provided under
subd. 2., medical assistance shall be provided to a family for 12 consecutive calendar months following the month in which the family becomes ineligible for aid to families with dependent children because of increased income from employment, because the family no longer receives the earned income disregard under
s. 49.19 (5) (a) 4. or
4m. or
(am) due to the expiration of the time limit during which the disregards are applied or because of the application of the monthly employment time eligibility limitation under
45 CFR 233.100 (a) (1) (i).
49.46(1)(co)2.
2. If a waiver under
subd. 3. is granted, the department may select individuals to receive medical assistance benefits as provided under
par. (c), rather than under
subd. 1., as a control group for part or all of the period during which the waiver is in effect.
49.46(1)(co)3.
3. The department shall request a waiver from the secretary of the federal department of health and human services to permit the extension of medical assistance benefits under
subds. 1. and
2. Subdivision 1. does not apply unless a federal waiver is in effect. If a waiver is received, the department shall implement
subds. 1. and
2. no later than the first day of the 6th month beginning after the waiver is approved.
49.46(1)(d)1.
1. Children who are placed in licensed foster homes by the department and who would be eligible for payment of aid to families with dependent children in foster homes except that their placement is not made by a county department under
s. 46.215,
46.22, or
46.23 will be considered as recipients of aid to families with dependent children.
49.46(1)(d)2.
2. Any accommodated person or any patient in a public medical institution shall be considered a recipient for purposes of this section if such person or patient would have inadequate means to meet his or her need for care and services if living in his or her usual living arrangement.
49.46(1)(d)3.
3. Any child adopted under
s. 48.48 (12) shall be considered a recipient for any medical condition which exists at the time of the adoption or develops subsequent to the adoption.
49.46(1)(d)4.
4. A child who meets the conditions under
42 USC 1396a (e) (3) shall be considered a recipient of benefits under
s. 49.77 or federal Title XVI.
49.46(1)(e)
(e) If an application under
s. 49.47 (3) shows that the individual meets the income limits under
s. 49.19 or meets the income and resource requirements under federal Title XVI or
s. 49.77, or that the individual is an essential person, an accommodated person, or a patient in a public medical institution, the individual shall be granted the benefits enumerated under
sub. (2) whether or not the individual requests or receives a grant of any of such aids.
49.46(1)(j)
(j) An individual determined to be eligible for benefits under
par. (a) 9. remains eligible for benefits under
par. (a) 9. for the balance of the pregnancy and to the last day of the month in which the 60th day after the last day of the pregnancy falls without regard to any change in the individual's family income.
49.46(1)(k)1.1. If a child eligible for benefits under
par. (a) 10. is receiving inpatient services covered under
sub. (2) on the day before the birthday on which the child attains the age of 6 and, but for attaining that age, the child would remain eligible for benefits under
par. (a) 10., the child remains eligible for benefits until the end of the stay for which the inpatient services are furnished.
49.46(1)(k)2.
2. If a child eligible for benefits under
par. (a) 11. is receiving inpatient services covered under
sub. (2) on the day before the birthday on which the child attains the age of 19 and, but for attaining that age, the child would remain eligible for benefits under
par. (a) 11., the child remains eligible for benefits until the end of the stay for which the inpatient services are furnished.
49.46(1)(L)
(L) For the purposes of
par. (a) 9. to
12., "income" includes income that would be used in determining eligibility for aid to families with dependent children under
s. 49.19, except to the extent that that determination is inconsistent with
42 USC 1396a (a)
17., and excludes income that would be excluded in determining eligibility for aid to families with dependent children under
s. 49.19. For the purposes of
par. (am), "income" shall be determined in accordance with the approved state plan for services under
42 USC 1396.
49.46(1)(m)1.1. Except as provided in
subd. 2., any individual who is otherwise eligible under this subsection and who is eligible for enrollment in a group health plan shall, as a condition of eligibility for medical assistance and if the department determines it is cost-effective to do so, apply for enrollment in the group health plan, except that, for a minor, the parent of the minor shall apply on the minor's behalf.
49.46(1)(m)2.
2. If a parent of a minor fails to enroll the minor in a group health plan in accordance with
subd. 1., the failure does not affect the minor's eligibility under this subsection.
49.46(1)(n)
(n) If the department creates a policy under
s. 49.45 (2m) (c) 8.,
9., or
10., this subsection does not apply to the extent that it conflicts with the policy.
49.46(1m)
(1m) Pilot project for working recipients of supplemental security income or social security disability income. The department shall request that the secretary of the federal department of health and human services and the commissioner of the federal social security administration waive the income and asset requirements for recipients of benefits under federal Title II or XVI to allow the department to conduct a pilot project to allow those recipients to work without losing eligibility for benefits under federal Title II or XVI or for medical assistance or medicare, as defined in
s. 49.45 (3) (L) 1. b. If the request is approved, the department may implement the program and may require participants in the program to pay, on a sliding scale, a copayment for the cost of the program.
49.46(1p)
(1p) Demonstration project for persons with HIV. The department shall request a waiver from the secretary of the federal department of health and human services to allow the department to provide under this section coverage of services specified under
sub. (2) for persons who have HIV infection, as defined in
s. 252.01 (2). If a waiver is granted and in effect, the department shall provide coverage for the services specified under
sub. (2) for persons who qualify under the terms of the waiver.
49.46(2)(a)(a) Except as provided in
par. (be) and unless otherwise provided by the department by a policy created under
s. 49.45 (2m) (c), the department shall audit and pay allowable charges to certified providers for medical assistance on behalf of recipients for the following federally mandated benefits:
Effective date note
NOTE: Par. (a) (intro.) is amended eff. 1-1-15 by
2011 Wis. Act 32 to read:
Effective date text
(a) Except as provided in par. (be), the department shall audit and pay allowable charges to certified providers for medical assistance on behalf of recipients for the following federally mandated benefits:
49.46(2)(a)2.
2. Early and periodic screening and diagnosis, including case management services, of persons under 21 years of age and all medical treatment and dentists' services found necessary by this screening and diagnosis.
49.46(2)(a)4.
4. The following medical services if prescribed by a physician:
49.46(2)(a)4.a.
a. Inpatient hospital services other than services in an institution for mental diseases, including psychiatric and alcohol or other drug abuse treatment services.
49.46(2)(a)4.b.
b. Services specified in this paragraph, provided by any hospital on an outpatient basis.
49.46(2)(a)4.d.
d. Home health services, subject to the limitation under
s. 49.45 (8), or, if a home health agency is unavailable, nursing services.
49.46(2)(a)6.
6. Premiums, deductibles and coinsurance and other cost-sharing obligations for items and services otherwise paid under this subsection that are required for enrollment in a group health plan, as specified in
sub. (1) (m), except that, if enrollment in the group health plan requires enrollment of family members who are not eligible under this subsection, the department shall pay, if it is cost-effective, for an ineligible family member only the premium that is required for enrollment in the group health plan.
49.46(2)(b)
(b) Except as provided in
pars. (be) and
(dc) and unless otherwise provided by the department by a policy created under
s. 49.45 (2m) (c), the department shall audit and pay allowable charges to certified providers for medical assistance on behalf of recipients for the following services:
Effective date note
NOTE: Par. (b) (intro.) is amended eff. 1-1-15 by
2011 Wis. Act 32 to read:
Effective date text
(b) Except as provided in pars. (be) and (dc), the department shall audit and pay allowable charges to certified providers for medical assistance on behalf of recipients for the following services:
49.46(2)(b)1.
1. Dentists' services, limited to basic services within each of the following categories:
49.46(2)(b)3.
3. Transportation by emergency medical vehicle to obtain emergency medical care, transportation by specialized medical vehicle to obtain medical care including the unloaded travel of the specialized medical vehicle necessary to provide that transportation, or transportation by common carrier or private motor vehicle to obtain medical care.
49.46(2)(b)6.e.
e. Subject to the limitation under
s. 49.45 (30r), inpatient hospital, skilled nursing facility and intermediate care facility services for patients of any institution for mental diseases who are under 21 years of age, are under 22 years of age and who were receiving these services immediately prior to reaching age 21, or are 65 years of age or older.
49.46(2)(b)6.f.
f. Medical day treatment services, mental health services and alcohol and other drug abuse services, including services provided by a psychiatrist.
49.46(2)(b)6.fm.
fm. Subject to the limitations under
s. 49.45 (45), mental health services and alcohol and other drug abuse services, including services provided by a psychiatrist, to an individual who is 21 years of age or older in the individual's home or in the community.
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, including lead investigations, as defined in
s. 254.11 (8s), of persons having lead poisoning or lead exposure, as defined in
s. 254.11 (9).
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)17.
17. Services under
s. 49.45 (54) (b) for children participating in the early intervention program under
s. 51.44, that are provided by a special educator.
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).
