49.45(21)(ag)(ag) In this subsection, "take over the operation" means obtain, with respect to an aspect of a provider's business for which the provider has filed claims for medical assistance reimbursement, any of the following:
49.45(21)(ag)1.
1. Ownership of the provider's business or all or substantially all of the assets of the business.
49.45(21)(ag)4.
4. The right to contact and offer services to patients, clients, or residents served by the provider.
49.45(21)(ag)5.
5. An agreement that the provider will not compete with the person at all or with respect to a patient, client, resident, service, geographical area, or other part of the provider's business.
49.45(21)(ag)6.
6. The right to perform services that are substantially similar to services performed by the provider at the same location as those performed by the provider.
49.45(21)(ag)7.
7. The right to use any distinctive name or symbol by which the provider is known in connection with services to be provided by the person.
49.45(21)(ar)
(ar) Before a person may take over the operation of a provider that is liable for repayment of improper or erroneous payments or overpayments under
ss. 49.43 to
49.497, full repayment shall be made. Upon request, the department shall notify the provider or the person that intends to take over the operation of the provider as to whether the provider is liable.
49.45(21)(b)
(b) If, notwithstanding the prohibition under
par. (ar), a person takes over the operation of a provider and the applicable amount under
par. (ar) has not been repaid, the department may, in addition to withholding certification as authorized under
sub. (2) (b) 8., proceed against the provider or the person. Within 30 days after the certified provider receives notice from the department, the amount shall be repaid in full. If the amount is not repaid in full, the department may bring an action to compel payment, may proceed under
sub. (2) (a) 12., or may do both.
49.45(21)(c)
(c) The department may enforce this subsection within 4 years following a transfer.
49.45(21)(e)
(e) The department shall promulgate rules to implement this subsection.
49.45(22)
(22) Medical assistance services provided by health maintenance organizations. If the department contracts with health maintenance organizations for the provision of medical assistance it shall give special consideration to health maintenance organizations that provide or that contract to provide comprehensive, specialized health care services to pregnant teenagers. If the department contracts with health maintenance organizations for the provision of medical assistance, the department shall determine which medical assistance recipients who have attained the age of 2 but have not attained the age of 6 and who are at risk for lead poisoning have not received lead screening from those health maintenance organizations. The department shall report annually to the appropriate standing committees of the legislature under
s. 13.172 (3) on the percentage of medical assistance recipients under the age of 2 who received a lead screening test in that year provided by a health maintenance organization compared with the percentage that the department set as a goal for that year.
49.45(23)
(23) Assistance for childless adults demonstration project. 49.45(23)(a)(a) The department shall request a waiver from the secretary of the federal department of health and human services to permit the department to conduct a demonstration project to provide health care coverage to adults who are under the age of 65, who have family incomes not to exceed 100 percent of the poverty line before application of the 5 percent income disregard under
42 CFR 435.603 (d), and who are not otherwise eligible for medical assistance under this subchapter, the Badger Care health care program under
s. 49.665, or Medicare under
42 USC 1395 et seq.
49.45(23)(b)
(b) If the waiver is granted and in effect, the department may promulgate rules defining the health care benefit plan, including more specific eligibility requirements and cost-sharing requirements. Cost sharing may include an annual enrollment fee, which may not exceed $75 per year. Notwithstanding
s. 227.24 (3), the plan details under this subsection may be promulgated as an emergency rule under
s. 227.24 without a finding of emergency. If the waiver is granted and in effect, the demonstration project under this subsection shall begin on the effective date of the waiver.
49.45(23)(c)
(c) In addition to cost-sharing requirements established under
par. (b), a childless adult who is eligible to receive benefits under this section; who is not disabled, pregnant, or American Indian, as Indian is defined in
42 CFR part 447, subpart A; and whose family income exceeds 133 percent of the poverty line shall pay a premium for coverage under the program under this subsection in an amount determined by the department that is based on a formula in which costs decrease for those with lower family incomes and that is no less than 3 percent of family income but no greater than 9.5 percent of family income.
49.45(23)(d)
(d) In determining income for purposes of eligibility under this subsection, the department shall apply
s. 49.471 (7) (d) to the individual to the extent the federal department of health and human services approves, if approval is required.
49.45(23)(e)
(e) The department shall apply the definition of family income under
s. 49.471 (1) (f) and the regulations defining household under
42 CFR 435.603 (f) to determinations of income for purposes of eligibility under this subsection.
49.45(23)(f)
(f) The department may provide services to individuals who are eligible under this subsection through a medical home initiative under
sub. (24j).
49.45(24)
(24) Primary care provider pilot. The department may request a waiver from the secretary of the federal department of health and human services under
42 USC 1396n (b) (1) to permit the establishment of a primary care provider pilot project. If the waiver is granted, the department may establish a primary care provider pilot project under which primary care providers act as case managers for medical assistance beneficiaries. If the department establishes a primary care provider pilot project, it shall reimburse a case manager for the allowable charges for case management services provided to a beneficiary participating in the pilot project.
49.45(24g)
(24g) Physician practice payment pilot. 49.45(24g)(a)(a) The department shall develop a proposal to increase medical assistance reimbursement to providers to which at least one of the following applies:
49.45(24g)(a)1.
1. The provider is recognized by the National Committee on Quality Assurance as a Patient-Centered Medical Home.
49.45(24g)(a)2.
2. The secretary determines that the provider performs well with respect to all of the following aspects of care:
49.45(24g)(a)2.a.
a. Adoption of written standards for patient access and patient communication.
49.45(24g)(a)2.b.
b. Use of data to show that standards for patient access and patient communication are satisfied.
49.45(24g)(a)2.c.
c. Use of paper or electronic charting tools to organize clinical information.
49.45(24g)(a)2.d.
d. Use of data to identify diagnoses and conditions among the provider's patients that have a lasting detrimental effect on health.
49.45(24g)(a)2.e.
e. Adoption and implementation of guidelines that are based on evidence for treatment and management of at least 3 chronic conditions.
49.45(24g)(a)2.g.
g. Systematic tracking of patient test results and systematic identification of abnormal patient test results.
49.45(24g)(a)2.h.
h. Systematic tracking of referrals using a paper or electronic system.
49.45(24g)(a)2.i.
i. Measuring the quality of the performance of the physician practice and of individual physicians within the practice, including with respect to provision of clinical services, patient outcomes, and patient safety.
49.45(24g)(a)2.j.
j. Reporting to members of the physician practice and to other persons on the quality of the performance of the physician practice and of individual physicians.
49.45(24g)(c)
(c) The department's proposal under
par. (a) shall specify increases in reimbursement rates for providers that satisfy the conditions under
par. (a) 1. or
2., and shall provide for payment of a monthly per-patient care coordination fee to those providers. The department shall set the increases in reimbursement rates and the monthly per-patient care coordination fee so that together they provide sufficient incentive for providers to satisfy a condition under
par. (a) 1. or
2. The proposal shall specify effective dates for the increases in reimbursement rates and the monthly per-patient care coordination fee that are no sooner than July 1, 2011.
49.45(24g)(d)
(d) The department shall submit the proposal under
par. (a) to the joint committee on finance. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's submittal that the committee has scheduled a meeting for the purpose of reviewing the proposal, the department shall, subject to approval by the U.S. department of health and human services of any required waiver of federal law relating to medical assistance and any required amendment to the state plan for medical assistance under
42 USC 1396a, implement the proposal beginning January 1, 2010. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposal, the department may implement the proposal only upon approval of the committee. If the committee reviews the proposal and approves it, the department shall, subject to approval by the U.S. department of health and human services of any required waiver of federal law relating to medical assistance and any required amendment to the state plan for medical assistance under
42 USC 1396a, implement the proposal beginning January 1, 2010.
49.45(24g)(e)
(e) By October 1, 2012, the department shall, if it was required under
par. (d) to increase reimbursement to providers that satisfy a condition under
par. (a) 1. or
2., submit a report to the joint committee on finance on whether the increased reimbursement results in net cost reductions for the Medical Assistance program under this subchapter and a recommendation as to whether to continue the increased reimbursement. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's submittal that the committee has scheduled a meeting for the purpose of reviewing the report and recommendation, the department may implement its recommendation. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the report and recommendation, the department may discontinue the increased reimbursement only upon the approval of the committee.
49.45(24j)(a)(a) The department may administer the medical home initiative as a service delivery mechanism to provide and coordinate care for individuals who are eligible for a Medical Assistance program under this subchapter that provides services under a fee-for-service model. The department may administer a medical home initiative to serve individuals who are members of any of the following populations:
49.45(24j)(a)3.
3. Individuals who are exiting mental health facilities or correctional facilities.
49.45(24j)(a)4.
4. Individuals with a diagnosis of serious mental illness or substance abuse disorder.
49.45(24j)(a)6.
6. Other groups of individuals with conditions that the department determines would benefit from services through a medical home.
49.45(24j)(b)
(b) The department shall provide to individuals through any medical home initiative administered under this subsection the benefits described under
s. 49.46 (2) (a) and
(b). The department may provide to individuals though any medical home initiative administered under this subsection benefits in addition to the standard plan benefits that are targeted to the population receiving services through the medical home.
49.45(24j)(c)
(c) The department may elect to administer any medical home initiative under this subsection in a limited geographical area.
49.45(24j)(d)
(d) The department may make an all-inclusive payment to the provider offering services through a medical home.
49.45(24j)(e)
(e) If the federal department of health and human services approves the department's request to administer a medical home initiative, the department shall automatically enroll an individual who is eligible for a medical home initiative under this subsection in the medical home initiative. At any time after the first 6 months of enrollment in the medical home initiative, the individual who is enrolled in the medical home initiative may opt out of participation in the medical home initiative.
49.45(24m)
(24m) From the appropriation accounts under
s. 20.435 (4) (b),
(gm),
(o), and
(w), in order to test the feasibility of instituting a system of reimbursement for providers of home health care and personal care services for medical assistance recipients that is based on competitive bidding, the department shall:
49.45(24m)(a)
(a) By September 1, 1990, select a county in this state and solicit bids from providers of home health care and personal care services in that county for the provision, on a contractual basis, of home health and personal care services authorized under
ss. 49.46 (2) (a) 4. d. and
(b) 6. j. and
49.47 (6) (a) 1.
49.45(24m)(b)
(b) Award contracts for the provision of home health care and personal care services from the bids received under
par. (a) only if the department determines that the contracts would result in a lower cost alternative to fee-for-service reimbursement.
49.45(24s)(a)(a) The department shall request a waiver from the secretary of the federal department of health and human services to permit the department to provide optional services for family planning, as defined in
s. 253.07 (1) (a), under medical assistance [to any female between the ages of 15 and 44 whose family income does not exceed 200 percent of the poverty line for a family the size of the female's family]. The department shall implement any waiver granted.
Effective date note
NOTE: Par. (a) was created by
2011 Wis. Act 32, s.
1441b, eff. 7-1-11 and amended by
2011 Wis Act 32, s.
1441bg, eff. 1-1-15. Although the language in brackets was removed from the creation of par. (a) in s. 1441b by the governor's partial veto, the amendment by s. 1441bg of par. (a) does not reflect the removal of that language.
49.45(24s)(b)
(b) The department shall request a waiver, or an amendment to the waiver requested under
par. (a), from the secretary of the federal department of health and human services to require all of the following:
49.45(24s)(b)1.
1. As a condition of receiving services under
par. (a), parental notification for family planning services for any female under 18 years of age.
49.45(24s)(b)2.
2. The department to determine eligibility to receive family planning services under
par. (a) for a female under 18 years of age using the family income of the female's parent or guardian instead of only the female's income.
49.45(25)(a)(a) In this subsection, "severely emotionally disturbed child" means an individual under 21 years of age who has emotional and behavioral problems that:
49.45(25)(a)3.
3. Substantially interfere with the individual's functioning in his or her family, school or community and with his or her ability to cope with the ordinary demands of life; and
49.45(25)(a)4.
4. Cause the individual to need services from 2 or more agencies or organizations that provide social services or services or treatment for mental health, juvenile justice, child welfare, special education or health.
49.45(25)(am)
(am) Except as provided under
pars. (be),
(bg), and
(bj) and
sub. (24), case management services under
s. 49.46 (2) (b) 9. and
(bm) are reimbursable under Medical Assistance only if provided to a Medical Assistance beneficiary who receives case management services from or through a certified case management provider in a county, city, village, or town that elects, under
par. (b), to make the services available and who meets at least one of the following conditions:
49.45(25)(am)9.
9. Is a member of a family that has a child who is at risk of serious physical, mental or emotional dysfunction, as defined by the department.
49.45(25)(am)14.
14. Is a woman who is aged 45 to 64 and who is not a resident of a nursing home or otherwise receiving case management services under this paragraph.
49.45(25)(b)
(b) A county, city, village, town or, in a county having a population of 500,000 or more, the department may elect to make case management services under this subsection available in the county, city, village or town to one or more of the categories of beneficiaries under
par. (am) through the medical assistance program. A county, city, village, town or, in a county having a population of 500,000 or more, the department that elects to make the services available shall reimburse a case management provider for the amount of the allowable charges for those services under the medical assistance program that is not provided by the federal government.
49.45(25)(be)
(be) A private nonprofit agency that is a certified case management provider may elect to provide case management services to medical assistance beneficiaries who have HIV infection, as defined in
s. 252.01 (2). The amount of the allowable charges for those services under the medical assistance program that is not provided by the federal government shall be paid from the appropriation account under
s. 20.435 (1) (am).
49.45(25)(bg)
(bg) An independent living center, as defined in
s. 46.96 (1) (ah), that is a certified case management provider and satisfies the criteria in
s. 46.96 (3m) (a) 1. to
3. and
(am) may elect to provide case management services to one or more of the categories of medical assistance beneficiaries specified under
par. (am). The amount of allowable charges for the services under the medical assistance program that is not provided by the federal government shall be paid from nonfederal, public funds received by the independent living center from a county, city, village or town or from funds distributed as a grant under
s. 46.96.
49.45(25)(bj)
(bj) The department of corrections may elect to provide case management services under this subsection to persons who are under the supervision of that department under
s. 938.183,
938.34 (4h),
(4m), or
(4n), or
938.357 (4), who are Medical Assistance beneficiaries, and who meet one or more of the conditions specified in
par. (am). The amount of the allowable charges for those services under the Medical Assistance program that is not provided by the federal government shall be paid from the appropriation account under
s. 20.410 (3) (hm),
(ho), or
(hr).
49.45(25)(bm)
(bm) Case management services under this subsection may not be provided to a person under
par. (am) 7. unless any of the following is true:
49.45(25)(bm)1.
1. A team of mental health experts appointed by the case management provider determines that the person is a severely emotionally disturbed child. The team shall consist of at least 3 members. The case management provider shall appoint at least one member of the team who is a licensed psychologist or a physician specializing in psychiatry. The case management provider shall appoint at least 2 members of the team who are members of the professions of school psychologist, school social worker, registered nurse, social worker, child care worker, occupational therapist or teacher of emotionally disturbed children. The case management provider shall appoint as a member of the team at least one person who personally participated in a psychological evaluation of the child.
49.45(25)(bm)2.
2. Individuals who are designated by the coordinating committee have, or a service coordination agency has, determined under
s. 46.56 (8) (d) that the person is a child, as defined in
s. 46.56 (1) (bm), with emotional and behavioral disabilities.
49.45(25)(c)
(c) Except as provided in
pars. (b),
(be),
(bg), and
(bj), the department shall reimburse a provider of case management services under this subsection only for the amount of the allowable charges for those services under the Medical Assistance program that is provided by the federal government.
