(9) Free choice.
Any person eligible for medical assistance under s. 49.46
, or 49.471
may use the physician, chiropractor, dentist, pharmacist, podiatrist, hospital, skilled nursing home, health maintenance organization, limited service health organization, preferred provider plan or other licensed, registered or certified provider of health care of his or her choice, except that free choice of a provider may be limited by the department if the department's alternate arrangements are economical and the recipient has reasonable access to health care of adequate quality. The department may also require a recipient to designate, in any or all categories of health care providers, a primary health care provider of his or her choice. After such a designation is made, the recipient may not receive services from other health care providers in the same category as the primary health care provider unless such service is rendered in an emergency or through written referral by the primary health care provider. Alternate designations by the recipient may be made in accordance with guidelines established by the department. Nothing in this subsection shall vitiate the legal responsibility of the physician, chiropractor, dentist, pharmacist, podiatrist, skilled nursing home, hospital, health maintenance organization, limited service health organization, preferred provider plan or other licensed, registered or certified provider of health care to patients. All contract and tort relationships with patients shall remain, notwithstanding a written referral under this section, as though dealings are direct between the physician, chiropractor, dentist, pharmacist, podiatrist, skilled nursing home, hospital, health maintenance organization, limited service health organization, preferred provider plan or other licensed, registered or certified provider of health care and the patient. No physician, chiropractor, pharmacist, podiatrist, or dentist may be required to practice exclusively in the medical assistance program.
The department may, consistent with sub. (9)
, specify services for which reimbursement will be made only if the services are provided in accordance with a referral, in writing, which specifies the services to be rendered and the duration of such services. The referral form shall describe the referred services as required by the department.
(9p) Prior authorization prohibited for wheelchair repairs. 49.45(9p)(a)(a)
In this subsection, “recipient of medical assistance" means an individual who receives medical assistance under any of the following:
A program operated under a waiver of federal law relating to medical assistance that is granted by the federal department of health and human services.
The department may not require any person to obtain prior authorization from the department for a repair to a wheelchair used by a recipient of medical assistance that satisfies the following criteria:
If the repair is to a power wheelchair, the cost of the repair is less than $300.
If the repair is to a manual wheelchair, the cost of the repair is less than $150.
The cost of the repair is a covered benefit under the program of which the individual is a recipient.
(9r) Complex rehabilitation technology. 49.45(9r)(a)1.
“Complex needs patient" means an individual with a diagnosis or medical condition that results in significant physical impairment or functional limitation.
“Complex rehabilitation technology" means items classified within Medicare as durable medical equipment that are individually configured for individuals to meet their specific and unique medical, physical, and functional needs and capacities for basic activities of daily living and instrumental activities of daily living identified as medically necessary. “Complex rehabilitation technology” includes complex rehabilitation manual and power wheelchairs, adaptive seating and positioning items, and other specialized equipment such as standing frames and gait trainers, as well as options and accessories related to any of these items.
“Individually configured" means having a combination of sizes, features, adjustments, or modifications that a qualified complex rehabilitation technology supplier can customize to the specific individual by measuring, fitting, programming, adjusting, or adapting as appropriate so that the device operates in accordance with an assessment or evaluation of the individual by a qualified health care professional and is consistent with the individual's medical condition, physical and functional needs and capacities, body size, period of need, and intended use.
“Medicare" means coverage under Part A or Part B of Title XVIII of the federal social security act, 42 USC 1395
“Qualified complex rehabilitation technology professional" means an individual who is certified as an assistive technology professional by the Rehabilitation Engineering and Assistive Technology Society of North America.
“Qualified complex rehabilitation technology supplier" means a company or entity that meets all of the following criteria:
Is accredited by a recognized accrediting organization as a supplier of complex rehabilitation technology.
Is an employer of at least one qualified complex rehabilitation technology professional to analyze the needs and capacities of the complex needs patient in consultation with qualified health care professionals, to participate in the selection of appropriate complex rehabilitation technology for those needs and capacities of the complex needs patient, and to provide training in the proper use of the complex rehabilitation technology.
Requires a qualified complex rehabilitation technology professional to be physically present for the evaluation and determination of appropriate complex rehabilitation technology for a complex needs patient.
Has the capability to provide service and repair by qualified technicians for all complex rehabilitation technology it sells.
Provides written information at the time of delivery of the complex rehabilitation technology to the complex needs patient stating how the complex needs patient may receive service and repair for the complex rehabilitation technology.
“Qualified health care professional" means any of the following:
The department shall promulgate rules and other policies for use of complex rehabilitation technology by recipients of Medical Assistance. The department shall include in the rules all of the following:
Designation of billing codes as complex rehabilitation technology including creation of new billing codes or modification of existing billing codes. The department shall include provisions allowing quarterly updates to the designations under this subdivision.
Establishment of specific supplier standards for companies or entities that provide complex rehabilitation technology and limiting reimbursement only to suppliers that are qualified complex rehabilitation technology suppliers.
A requirement that Medical Assistance recipients who need a complex rehabilitation manual wheelchair, complex rehabilitation power wheelchair, or other complex rehabilitation seating component to be evaluated by all of the following:
A qualified health care professional who does not have a financial relationship with a qualified complex rehabilitation technology supplier.
Establishment and maintenance of payment rates for complex rehabilitation technology that are adequate to ensure complex needs patients have access to complex rehabilitation technology, taking into account the significant resources, infrastructure, and staff needed to appropriately provide complex rehabilitation technology to meet the unique needs of complex needs patients.
A requirement for contracts with the department that managed care plans providing services to Medical Assistance recipients comply with this subsection and the rules promulgated under this subsection.
Protection of access to complex rehabilitation technology for complex needs patients.
This subsection is not intended to affect coverage of speech generating devices, including healthcare common procedure coding system codes E2500, E2502, E2504, E2506, E2508, E2510, E2511, E2512, and E2599, under the Medical Assistance program.
Any person who is an employee of, or an owner, partner, member, stockholder or investor in, any legal entity providing services which are reimbursed under this section, shall notify the department, on forms provided by the department for that purpose, if such person is an employee of, or an owner, partner, member, stockholder or investor in, any other legal entity providing services which are reimbursed under this section.
(10) Rule-making powers and duties.
The department is authorized to promulgate such rules as are consistent with its duties in administering medical assistance. The department shall promulgate a rule defining the term “part-time intermittent care" for the purpose of s. 49.46
Any person who receives or assists another in receiving assistance under this section, to which the recipient is not entitled, shall be subject to the penalties under ss. 946.91
(12) Machine-readable medical assistance cards. 49.45(12)(a)(a)
The department shall assist the commissioner of insurance to conduct the study of health insurance identification cards under s. 601.57 (1)
If the commissioner of insurance promulgates rules under s. 601.57 (2)
establishing a health insurance identification card system and its computerized support system, the department shall develop a plan to coordinate a system of machine-readable identification cards for medical assistance recipients with the systems established by the commissioner and shall submit the plan to the governor, and to the legislature under s. 13.172 (2)
, before issuing a request for proposals under par. (c)
The department shall request proposals for a system of machine-readable identification cards for medical assistance recipients and a computerized support system for the cards that will accept and respond to electronically conveyed requests from health care providers for information related to medical assistance recipients, such as eligibility, coverages and authorizations. The request for proposals shall specify that the systems are to be operating by January 1, 1997.
The department may require service providers to prepare and submit cost reports or financial reports for purposes of rate certification under Title XIX, cost verification, fee schedule determination or research and study purposes. These financial reports may include independently audited financial statements which shall include balance sheets and statements of revenues and expenses. The department may withhold reimbursement or may decrease or not increase reimbursement rates if a provider does not submit the reports required under this paragraph or if the costs on which the reimbursement rates are based cannot be verified from the provider's cost or financial reports or records from which the reports are derived.
The department may require any provider who fails to submit a cost report or financial report under par. (a)
within the period specified by the department to forfeit not less than $10 nor more than $100 for each day the provider fails to submit the report.
(15) Community care organization project guarantee.
Upon termination of the community care organization demonstration projects in Barron, La Crosse and Milwaukee counties, any client who was receiving services through any of those projects may continue to receive the full range of community care organization services. The cost of the services shall continue to be paid by medical assistance.
On or after January 1, 1984, the department may only continue to certify as a medical assistance provider a community-based residential facility that is so certified on December 31, 1983. On or after January 1, 1984, no community-based residential facility may be certified for more beds than the number for which it was certified on December 31, 1983.
Except as provided in pars. (am)
, and subject to par. (ag)
, any person eligible for medical assistance under s. 49.46
, or 49.47
, or for the benefits under s. 49.46 (2) (a)
under s. 49.471
shall pay up to the maximum amounts allowable under 42 CFR 447.53
for purchases of services provided under s. 49.46 (2)
. The service provider shall collect the specified or allowable copayment, coinsurance, or deductible, unless the service provider determines that the cost of collecting the copayment, coinsurance, or deductible exceeds the amount to be collected. The department shall reduce payments to each provider by the amount of the specified or allowable copayment, coinsurance, or deductible. No provider may deny care or services because the recipient is unable to share costs, but an inability to share costs specified in this subsection does not relieve the recipient of liability for these costs.
Except as provided in pars. (am)
, and (c)
, and subject to par. (d)
, a recipient specified in par. (ac)
shall pay all of the following:
Except as provided in subd. 2.
, no person is liable under this subsection for services provided through prepayment contracts.
A person who is eligible for the benefits under s. 49.46 (2) (a)
under s. 49.471
is liable under this subsection for services provided through a prepayment contract in the amounts and according to the procedures specified by the department.
The following services are not subject to recipient cost sharing under this subsection:
Any service provided to a person receiving care as an inpatient in a skilled nursing home or intermediate care facility certified under 42 USC 1396
Any service provided to a person who is less than 18 years old. This subdivision does not apply if the person's family income exceeds 100 percent of the poverty line and he or she is eligible for the benefits under s. 49.46 (2) (a)
under s. 49.471
Any service provided under s. 49.46 (2)
to a pregnant woman, if the service relates to the pregnancy or to other conditions that may complicate the pregnancy.
Transportation by common carrier or private motor vehicle, if authorized in advance by a county department under s. 46.215
Home health services or, if a home health agency is unavailable, nursing services.
The department may limit any medical assistance recipient's liability under this subsection for services it designates.
No person who designates a pharmacy or pharmacist as his or her sole provider of prescription drugs and who so uses that pharmacy or pharmacist is liable under this subsection for more than $12 per month for prescription drugs received.
(19) Assigning medical support rights. 49.45(19)(a)(a)
As a condition of eligibility for medical assistance, a person shall, notwithstanding other provisions of the statutes, be deemed to have assigned to the state, by applying for or receiving medical assistance, any rights to medical support or other payment of medical expenses from any other person, including rights to unpaid amounts accrued at the time of application for medical assistance as well as any rights to support accruing during the time for which medical assistance is paid.
If a person charged with the care and custody of a dependent child or children does not comply with the requirements of this subsection, the person is ineligible for medical assistance. In this case, medical assistance payments shall continue to be made on behalf of the eligible child or children.
The department or the county department under s. 46.215
shall notify applicants of the requirements of this subsection at the time of application.
If the mother of a child was enrolled in a health maintenance organization or other prepaid health care plan under medical assistance at the time of the child's birth, birth expenses that may be recovered by the state under this subsection are the birth expenses incurred by the health maintenance organization or other prepaid health care plan.
(20) Exemption from continuation requirements.
An insurer, as defined in s. 632.897 (1) (d)
, with which the department contracts under sub. (2) (b) 2.
for the provision of health care to medical assistance recipients is exempt from the continuation of group coverage requirements of s. 632.897
with regard to those recipients, their spouses and dependents.
(21) Taking over provider's operation; repayments required. 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:
Ownership of the provider's business or all or substantially all of the assets of the business.
The right to contact and offer services to patients, clients, or residents served by the provider.
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.
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.
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.
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
, 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.
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.
The department may enforce this subsection within 4 years following a transfer.