This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
LRB-3484/1
TJD:emw
2017 - 2018 LEGISLATURE
June 16, 2017 - Introduced by Representatives C. Taylor, Kolste, Riemer, Wachs,
Anderson, Barca, Berceau, Billings, Bowen, Brostoff, Considine, Crowley,
Doyle, Fields, Genrich, Goyke, Hebl, Hesselbein, Hintz, Mason, Meyers,
Ohnstad, Pope, Sargent, Shankland, Sinicki, Spreitzer, Stuck, Subeck,
Vruwink, Young, Zamarripa, Zepnick and Kessler, cosponsored by Senators
Johnson, Erpenbach, Shilling, L. Taylor, Carpenter, Ringhand, Larson,
Risser, Hansen, Wirch, Miller, Bewley and Vinehout. Referred to
Committee on Health.
AB392,1,3 1An Act to amend 253.07 (title); and to create 49.45 (9d) and 253.07 (6) of the
2statutes; relating to: maintaining access and reimbursements to certain
3family planning providers in the Medical Assistance program.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Health Services to provide state
reimbursement under the Medical Assistance program and state-based family
planning funding to a nonpublic family planning provider if the nonpublic family
planning provider becomes subject to a federal funding prohibition. A federal
funding prohibition is defined under the bill as an enacted federal law, a regulation,
or an executive order or action that prohibits federal moneys from being paid by the
state to a provider under the Medicaid program because of the scope of services
offered by the provider or the scope of services for which the provider offers referrals.
Under the bill, nonpublic family planning providers subject to a federal funding
prohibition would receive state Medical Assistance reimbursement for those family
planning services currently covered under the Medical Assistance program. The bill
requires DHS to ensure that Medical Assistance program enrollees are allowed
access to the nonpublic family planning provider to the same extent as before the
federal funding prohibition and to maintain requirements for the nonpublic family
planning provider that are the same as before the federal funding prohibition. The
bill also prohibits DHS from limiting the scope of services for which a nonpublic
family planning provider may offer a referral to receive the state reimbursement.
The bill also requires that if a nonpublic family planning provider is subject to
a federal funding prohibition, DHS must create a state-funded family planning

program to distribute state funds to any nonpublic family planning providers that
are subject to a federal funding prohibition.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB392,1 1Section 1. 49.45 (9d) of the statutes is created to read:
AB392,2,22 49.45 (9d) Family planning services; private providers. (a) In this subsection:
AB392,2,33 1. “Family planning” has the meaning given s. 253.07 (1) (a).
AB392,2,74 2. “Federal funding prohibition” means an enacted federal law, a regulation,
5or an executive order or action that prohibits federal moneys from being paid by the
6state to a provider under the Medicaid program because of the scope of services
7offered by the provider or the scope of services for which the provider offers referrals.
AB392,2,108 3. “Nonpublic family planning provider” means an entity other than a public
9entity or governmental unit that is a provider of services for family planning under
10the Medical Assistance program under this subchapter on December 31, 2016.
AB392,2,1211 (b) If a nonpublic family planning provider becomes subject to a federal funding
12prohibition, the department shall do all of the following:
AB392,2,1513 1. Ensure that enrollees in the Medical Assistance program under this
14subchapter are allowed access to the nonpublic family planning provider to the same
15extent as before the federal funding prohibition.
AB392,2,1816 2. Reimburse the nonpublic family planning provider for services provided to
17Medical Assistance enrollees under this subchapter for services for family planning
18that are covered under the Medical Assistance program.
AB392,3,3
13. Maintain requirements for the nonpublic family planning provider to receive
2state payments under this subchapter that are the same requirements as before the
3federal funding prohibition.
AB392,3,64 (c) The department may not limit the scope of services for which a nonpublic
5family planning provider may offer a referral in order to receive reimbursement
6under par. (b) 2.
AB392,2 7Section 2. 253.07 (title) of the statutes is amended to read:
AB392,3,8 8253.07 (title) Women's health block grant; state family planning funds.
AB392,3 9Section 3. 253.07 (6) of the statutes is created to read:
AB392,3,1010 253.07 (6) State-funded family planning program. (a) In this subsection:
AB392,3,1511 1. “Federal funding prohibition” means an enacted federal law, a regulation,
12or an executive order or action that prohibits federal moneys from being paid by the
13state to or directly to a provider under Title X of the federal Public Health Service
14Act, 42 USC 300 to 300a-6, because of the scope of services offered by the provider
15or the scope of services for which the provider offers referrals.
AB392,3,1916 2. “Nonpublic family planning provider” means an entity other than a public
17entity or governmental unit that is a provider of services for family planning and that
18is eligible to apply for grant funding under Title X of the federal Public Health Service
19Act, 42 USC 300 to 300a-6, on December 31, 2016.
AB392,4,220 (b) Notwithstanding sub. (5), if a nonpublic family planning provider becomes
21subject to a federal funding prohibition, the department shall establish a
22state-funded family planning program to ensure continuity of family planning
23services in the state and distribute state funds to any nonpublic family planning

1providers that are subject to a federal funding prohibition to be used to provide family
2planning services.
AB392,4,33 (End)
Loading...
Loading...