This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
LRB-5216/1
TJD:ahe
January 2018 Special Session
2017 - 2018 LEGISLATURE
January 26, 2018 - Introduced by Committee on Assembly Organization,
Representatives Vos, Krug, Felzkowski, Thiesfeldt, Jagler, Sanfelippo,
Tusler, Petersen, Duchow, Petryk, Kuglitsch, Tittl, Horlacher, Knodl,
Brandtjen, Murphy, Spiros, Neylon, Wichgers, Bernier, Kleefisch,
Rohrkaste, Katsma, Born, Kremer and Swearingen, cosponsored by
Senators Kapenga, Craig, Cowles, Darling, LeMahieu, Nass, Stroebel and
Wanggaard, by request of Governor Scott Walker. Referred to Committee on
Public Benefit Reform.
AB8,1,4 1An Act to repeal 49.45 (19) (a) 1.; to consolidate, renumber and amend 49.45
2(19) (a) (intro.) and 2.; to amend 49.45 (19) (title); and to create 49.463 of the
3statutes; relating to: requiring child support compliance in the Medical
4Assistance program.
Analysis by the Legislative Reference Bureau
The bill prohibits certain able-bodied adults and able-bodied parents who
refuse to cooperate in determining the paternity of a child, establishing or enforcing
any support order, or obtaining any other payments or property to which the adult
or the child has rights from being eligible for the Medical Assistance program. The
bill also prohibits certain parents who are delinquent in child support payments and
do not satisfy an exception specified in the bill or who refuse to cooperate in providing
or obtaining support for their child from being eligible for the Medical Assistance
program. Under the bill, a dependent child remains eligible for the Medical
Assistance program even if a person charged with the care and custody of the
dependent child is ineligible for the Medical Assistance program because he or she
did not comply with those requirements. Under current law, a person is required,
as a condition of eligibility for Medical Assistance, to fully cooperate in good faith
with efforts directed at establishing the paternity of a nonmarital child and
obtaining support payments or any other payments or property to which the person
and the dependent child may have rights.

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:
AB8,1 1Section 1. 49.45 (19) (title) of the statutes is amended to read:
AB8,2,32 49.45 (19) (title) Establishing paternity and assigning Assigning medical
3support rights.
AB8,2 4Section 2. 49.45 (19) (a) (intro.) and 2. of the statutes are consolidated,
5renumbered 49.45 (19) (a) and amended to read:
AB8,2,126 49.45 (19) (a) As a condition of eligibility for medical assistance, a person shall:
72. Notwithstanding
, notwithstanding other provisions of the statutes, be deemed to
8have assigned to the state, by applying for or receiving medical assistance, any rights
9to medical support or other payment of medical expenses from any other person,
10including rights to unpaid amounts accrued at the time of application for medical
11assistance as well as any rights to support accruing during the time for which
12medical assistance is paid.
AB8,3 13Section 3. 49.45 (19) (a) 1. of the statutes is repealed.
AB8,4 14Section 4. 49.463 of the statutes is created to read:
AB8,2,16 1549.463 Ineligibility for noncompliance with child support
16determinations and obligations.
(1) Definitions. In this section:
AB8,2,1917 (a) “Able-bodied adult” means an adult who is not elderly, as defined in s.
1849.468 (1) (a) 2., or disabled, as defined in s. 49.471 (1) (cm), and who is able-bodied,
19as defined by the department.
AB8,2,2020 (b) “Custodial parent" has the meaning given in s. 49.141 (1) (b).
AB8,2,2121 (c) “Noncustodial parent" has the meaning given in s. 49.141 (1) (h).
AB8,3,4
1(2) Eligibility denial; child support noncompliance. (a) In this subsection,
2what constitutes a refusal to cooperate is determined by the department in
3accordance with 42 USC 1396k and any federal regulations promulgated under 42
4USC 1396k
.
AB8,3,65 (b) An able-bodied adult is ineligible for the Medical Assistance program under
6this subchapter in a month in which any of the following is true:
AB8,3,77 1. The able-bodied adult satisfies all of the following:
AB8,3,98 a. The able-bodied adult is a custodial parent of or lives with and exercises
9parental control over a child who is under the age of 18 and who has an absent parent.
AB8,3,1210 b. The able-bodied adult refuses to cooperate fully, in good faith, with efforts
11directed at establishing or enforcing any support order or obtaining any other
12payments or property to which that adult or the child may have rights.
AB8,3,1513 c. The able-bodied adult does not have good cause for refusing to cooperate, as
14determined by the department in accordance with 42 USC 1396k and any federal
15regulations promulgated under 42 USC 1396k.
AB8,3,1716 2. The able-bodied adult is a noncustodial parent of a child under the age of
1718 and the adult refuses to cooperate in providing or obtaining support for the child.
AB8,3,20 18(3) Eligibility denial; paternity. (a) In this subsection, what constitutes a
19refusal to cooperate is determined by the department in accordance with 42 USC
201396k
and any federal regulations promulgated under 42 USC 1396k.
AB8,3,2221 (b) An able-bodied adult is ineligible for the Medical Assistance program under
22this subchapter in a month in which any of the following is true:
AB8,3,2323 1. The able-bodied adult satisfies all of the following:
AB8,3,2524 a. The able-bodied adult is a custodial parent of or lives with and exercises
25parental control over a child who is under the age of 18 and who has an absent parent.
AB8,4,2
1b. The able-bodied adult refuses to cooperate fully, in good faith, with
2applicable efforts directed at establishing the paternity of the child.
AB8,4,53 c. The able-bodied adult does not have good cause for refusing to cooperate, as
4determined by the department in accordance with 42 USC 1396k and any federal
5regulations promulgated under 42 USC 1396k.
AB8,4,76 2. The able-bodied adult is one of the following and refuses to cooperate fully,
7in good faith, with efforts directed at establishing the paternity of the child:
AB8,4,88 a. Alleged to be the father under s. 767.80 of a child under the age of 18.
AB8,4,109 b. A noncustodial parent of a child under the age of 18 for whom paternity has
10not been established.
AB8,4,14 11(4) Eligibility denial; delinquent support. An able-bodied adult is ineligible
12for the Medical Assistance program under this subchapter in a month in which the
13adult is obligated by court order to provide support payments and is delinquent in
14making those court-ordered payments, unless any of the following is true:
AB8,4,1615 (a) The delinquency balance equals less than 3 months of the court-ordered
16support payment amount.
AB8,4,1817 (b) A court or a county child support agency under s. 59.53 (5) is allowing the
18able-bodied adult to delay the child support payments.
AB8,4,2119 (c) The able-bodied adult is complying with a payment plan approved by a
20county child support agency under s. 59.53 (5) to provide support for the child of the
21adult.
AB8,4,2322 (d) The able-bodied adult is participating in an employment and training
23program, as determined by the department.
AB8,4,2524 (e) The able-bodied adult is participating in a substance abuse treatment
25program, as determined by the department.
AB8,5,4
1(5) Exception for eligibility of child. A dependent child remains eligible for
2the Medical Assistance program under this subchapter even if a person charged with
3the care and custody of the dependent child is ineligible for the Medical Assistance
4program because he or she did not comply with this section.
AB8,5,14 5(6) Federal approval. If the department of health services or the department
6of children and families determines that federal approval is required to implement
7any part of this section, the applicable department shall submit a state plan
8amendment or request for a waiver to the federal department of health and human
9services. The departments shall implement this section to the extent that the federal
10department of health and human services does not disapprove of the plan
11amendment or waiver request and if the department of children and families
12determines that this section as it pertains to child support and paternity order
13establishment and compliance is able to be implemented in a way that is
14substantially state budget neutral in regard to child support fees.
AB8,5,1515 (End)
Loading...
Loading...