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), 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)(b)19.
19. Subject to
par. (br), services provided by early intervention teachers, home trainers, parent-to-parent mentors, and developmental specialists to children in the benchmark plan under
par. (br).
49.46(2)(b)20.
20. Subject to
s. 49.45 (24j), any additional services, as determined by the department, that are targeted to a population enrolled in a medical home initiative under
s. 49.45 (24j).
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)(br)
(br) If the federal department of health and human services approves the department's request to offer a benchmark plan under this paragraph, the department may enroll any child who is receiving services through the early intervention program under
s. 51.44 in a benchmark plan under this paragraph. The department may not require a child who is receiving services through the early intervention program under
s. 51.44 to enroll in a benchmark plan offered under this paragraph. The department may not charge a copayment to a child who is enrolled in the benchmark plan under this paragraph for services described in
par. (b) 19.
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 that 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 and payment of deductibles and coinsurance for inpatient hospital services under Part A of Medicare 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 that 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. Payment of deductibles and coinsurance for inpatient hospital services under Part A of Medicare may not exceed the allowable charge for the service under Medical Assistance minus the Medicare payment.
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 that 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 and payment of deductibles and coinsurance for inpatient hospital services under Part A of Medicare 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 that 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. Payment of deductibles and coinsurance for inpatient hospital services under Part A of Medicare may not exceed the allowable charge for the service under Medical Assistance minus the Medicare payment.
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)(dc)
(dc) For an individual who is eligible for medical assistance and who is eligible for coverage under Part D of Medicare under
42 USC 1395w-101 et seq., benefits under
par. (b) 6. h. do not include payment for any Part D drug, as defined in
42 CFR 423.100, regardless of whether the individual is enrolled in Part D of Medicare or whether, if the individual is enrolled, his or her Part D plan, as defined in
42 CFR 423.4, covers the Part D drug.
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;
2001 a. 16;
2003 a. 33;
2005 a. 25,
253;
2007 a. 20,
91;
2009 a. 28,
221;
2011 a. 10,
32;
2013 a. 20;
2013 a. 116 s.
29;
2013 a. 117 s.
2,
3.
49.46 Cross-reference
Cross-reference: See also chs.
DHS 102,
103, and
107, Wis. adm. code.
49.46 Annotation
A categorically needy person applying for assistance under this section was not required to comply with divestment requirements. Sinclair v. DHSS,
77 Wis. 2d 322,
253 N.W.2d 245 (1977).
49.46 Annotation
Sub. (1) (b) and s. 49.47 (6) (d) limit retroactive medical assistance payments to services received not more than 3 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 AnnotationStates need not fund nontherapeutic abortions. Beal v. Doe,
432 U.S. 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.
