Amendment SA2-AB56

AB56-SA2,459b Section 459b. 46.2803 of the statutes is repealed.

AB56-SA2,460b Section 460b. 46.2805 (1) (b) of the statutes is amended to read:

AB56-SA2,16,17 46.2805 (1) (b) A demonstration program known as the Wisconsin partnership Family Care Partnership program under a federal waiver authorized under 42 USC 1315 1396n.

AB56-SA2,461b Section 461b. 46.281 (1d) of the statutes is amended to read:

AB56-SA2,17,2 46.281 (1d) Waiver request. The department shall request from the secretary of the federal department of health and human services any waivers of federal medicaid laws necessary to permit the use of federal moneys to provide the family care benefit and the self-directed services option to recipients of medical assistance. The department shall implement any waiver that is approved and that is consistent with ss. 46.2805 to 46.2895. Regardless of whether a waiver is approved, the department may implement operation of resource centers, care management organizations, and the family care benefit.

AB56-SA2,462b Section 462b. 46.281 (1n) (d) of the statutes is repealed.

AB56-SA2,463b Section 463b. 46.281 (3) of the statutes is repealed.

AB56-SA2,464b Section 464b. 46.2825 of the statutes is repealed.

AB56-SA2,465b Section 465b. 46.283 (3) (f) of the statutes is amended to read:

AB56-SA2,17,12 46.283 (3) (f) Assistance to a person who is eligible for the family care benefit with respect to the person's choice of whether or not to enroll in the self-directed services option, as defined in s. 46.2899 (1), a care management organization for the family care benefit or the Family Care Partnership program, or the program of all-inclusive care for the elderly and, if so, which available long-term care program or care management organization would best meet his or her needs.

AB56-SA2,466b Section 466b. 46.283 (4) (e) of the statutes is repealed.

AB56-SA2,467b Section 467b. 46.283 (4) (f) of the statutes is amended to read:

AB56-SA2,17,18 46.283 (4) (f) Perform a functional screening and a financial and cost-sharing screening for any resident, as specified in par. (e), who requests a screening and assist any resident who is eligible and chooses to enroll in a care management organization or the self-directed services option to do so.

AB56-SA2,468b Section 468b. 46.283 (6) (b) 7. of the statutes is repealed.

AB56-SA2,469b Section 469b. 46.283 (6) (b) 9. of the statutes is amended to read:

AB56-SA2,17,24 46.283 (6) (b) 9. Review the number and types of grievances and appeals concerning the long-term care system in the area served by related to the resource center, to determine if a need exists for system changes, and recommend system or other changes if appropriate.

AB56-SA2,470b Section 470b. 46.283 (6) (b) 10. of the statutes is repealed.

AB56-SA2,471b Section 471b. 46.285 (intro.) of the statutes is renumbered 46.285 and amended to read:

AB56-SA2,18,8 46.285 Operation of resource center and care management organization. In order to meet federal requirements and assure federal financial participation in funding of the family care benefit, a county, a tribe or band, a long-term care district or an organization, including a private, nonprofit corporation, may not directly operate both a resource center and a care management organization, except as follows:.

AB56-SA2,472b Section 472b. 46.285 (1) of the statutes is repealed.

AB56-SA2,473b Section 473b. 46.285 (2) of the statutes is repealed.

AB56-SA2,474b Section 474b. 46.286 (3) (b) 2. a. of the statutes is repealed.

AB56-SA2,475b Section 475b. 46.287 (2) (a) 1. (intro.) of the statutes is amended to read:

AB56-SA2,18,18 46.287 (2) (a) 1. (intro.) Except as provided in subd. 2., a client may contest any of the following applicable matters by filing, within 45 days of the failure of a resource center or care management organization county to act on the contested matter within the time frames specified by rule by the department or within 45 days after receipt of notice of a decision in a contested matter, a written request for a hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1):

AB56-SA2,476b Section 476b. 46.287 (2) (a) 1. d. of the statutes is renumbered 46.287 (2) (a) 1m. b.

AB56-SA2,477b Section 477b. 46.287 (2) (a) 1. e. of the statutes is repealed.

AB56-SA2,478b Section 478b. 46.287 (2) (a) 1. f. of the statutes is repealed.

AB56-SA2,479b Section 479b. 46.287 (2) (a) 1m. of the statutes is created to read:

AB56-SA2,19,5 46.287 (2) (a) 1m. Except as provided in subd. 2., a client may contest any of the following adverse benefit determinations by filing, within 90 days of the failure of a care management organization to act on a contested adverse benefit determination within the time frames specified by rule by the department or within 90 days after receipt of notice of a decision upholding the adverse benefit determination, a written request for a hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1):

AB56-SA2,19,9 a. Denial of functional eligibility under s. 46.286 (1) as a result of the care management organization's administration of the long-term care functional screen, including a change from a nursing home level of care to a non-nursing home level of care.

AB56-SA2,19,12 c. Denial or limited authorization of a requested service, including determinations based on type or level of service, requirements or medical necessity, appropriateness, setting, or effectiveness of a covered benefit.

AB56-SA2,19,15 d. Reduction, suspension, or termination of a previously authorized service, unless the service was only authorized for a limited amount or duration and that amount or duration has been completed.

AB56-SA2,19,16 e. Denial, in whole or in part, of payment for a service.

AB56-SA2,19,19 f. The failure of a care management organization to act within the time frames provided in 42 CFR 438.408 (b) (1) and (2) regarding the standard resolution of grievances and appeals.

AB56-SA2,19,22 g. Denial of an enrollee's request to dispute financial liability, including copayments, premiums, deductibles, coinsurance, other cost sharing, and other member financial liabilities.

AB56-SA2,19,25 h. Denial of an enrollee, who is a resident of a rural area with only one care management organization, to obtain services outside the care management organization's network of contracted providers.

AB56-SA2,20,6 i. Development of a plan of care that is unacceptable to the enrollee because the plan of care requires the enrollee to live in a place that is unacceptable to the enrollee; the plan of care does not provide sufficient care, treatment, or support to meet the enrollee's needs and support the enrollee's identified outcomes; or the plan of care requires the enrollee to accept care, treatment, or support that is unnecessarily restrictive or unwanted by the enrollee.

AB56-SA2,20,7 j. Involuntary disenrollment from the care management organization.

AB56-SA2,480b Section 480b. 46.287 (2) (b) of the statutes is amended to read:

AB56-SA2,20,17 46.287 (2) (b) An enrollee may contest a decision, omission or action of a care management organization other than those specified in par. (a), or may contest the choice of service provider. In these instances, the enrollee shall first send a written request for review by the unit of the department that monitors care management organization contracts. This unit shall review and attempt to resolve the dispute. 1m. by filing a grievance with the care management organization. If the dispute grievance is not resolved to the satisfaction of the enrollee, he or she may request a hearing under the procedures specified in par. (a) 1. (intro.) that the department review the decision of the care management organization.

AB56-SA2,481b Section 481b. 46.288 (2) (intro.) of the statutes is renumbered 46.288 (2) and amended to read:

AB56-SA2,20,25 46.288 (2) Criteria and procedures for determining functional eligibility under s. 46.286 (1) (a), financial eligibility under s. 46.286 (1) (b), and cost sharing under s. 46.286 (2) (a). The rules for determining functional eligibility under s. 46.286 (1) (a) 1m. shall be substantially similar to eligibility criteria for receipt of the long-term support community options program under s. 46.27. Rules under this subsection shall include definitions of the following terms applicable to s. 46.286:

AB56-SA2,482b Section 482b. 46.288 (2) (d) to (j) of the statutes are repealed.

AB56-SA2,483b Section 483b. 46.2896 (1) (a) of the statutes is amended to read:

AB56-SA2,21,6 46.2896 (1) (a) “Long-term care program" means the long-term care program under s. 46.27, 46.275, 46.277, 46.278, or 46.2785; the family care program providing the benefit under s. 46.286; the Family Care Partnership program; or the long-term care program defined in s. 46.2899 (1).”.

AB56-SA2,21,7 67. Page 304, line 10: delete lines 10 to 18 and substitute:

AB56-SA2,21,8 “ Section 484p. 46.536 of the statutes is amended to read:

AB56-SA2,21,16 46.536 Mobile crisis team Crisis program enhancement grants. From the appropriation under s. 20.435 (5) (cf), the department shall award grants in the total amount of $250,000 in each fiscal biennium to counties or regions comprised of multiple counties to establish certified or enhance crisis programs that create mental health mobile crisis teams to serve individuals having mental health crises in rural areas. The department shall award a grant under this section in an amount equal to one-half the amount of money the county or region provides to establish certified or enhance crisis programs that create mobile crisis teams.”.

AB56-SA2,21,17 68. Page 304, line 19: after that line insert:

AB56-SA2,21,18 “ Section 485m. 46.854 of the statutes is created to read:

AB56-SA2,21,21 46.854 Healthy aging grant program. From the appropriation under s. 20.435 (1) (bk), the department shall award in each fiscal year a grant of $250,000 to an entity that conducts programs in healthy aging.

AB56-SA2,485w Section 485w. 46.995 (4) of the statutes is created to read:

AB56-SA2,22,2 46.995 (4) The department shall ensure that any child who is eligible and who applies for the disabled children's long-term support program that is operating under a waiver of federal law receives services under the disabled children's long-term support program that is operating under a waiver of federal law.”.

AB56-SA2,22,3 69. Page 346, line 3: delete lines 3 to 5 and substitute:

AB56-SA2,22,6 “(u) Prevention services. For services to prevent child abuse or neglect, $5,289,600 in each fiscal year $6,302,100 in fiscal year 2019-20 and $7,464,600 in fiscal year 2020-21.”.

AB56-SA2,22,7 70. Page 348, line 15: after that line insert:

AB56-SA2,22,8 “ Section 652c. 49.45 (2p) of the statutes is repealed.

AB56-SA2,653t Section 653t. 49.45 (2t) of the statutes is repealed.”.

AB56-SA2,22,10 71. Page 348, line 21: after that line insert:

AB56-SA2,22,11 “ Section 654f. 49.45 (3) (e) 11. of the statutes is amended to read:

AB56-SA2,22,23 49.45 (3) (e) 11. The department shall use a portion of the moneys collected under s. 50.38 (2) (a) to pay for services provided by eligible hospitals, as defined in s. 50.38 (1), other than critical access hospitals, under the Medical Assistance Program under this subchapter, including services reimbursed on a fee-for-service basis and services provided under a managed care system. For state fiscal year 2008-09, total payments required under this subdivision, including both the federal and state share of Medical Assistance, shall equal the amount collected under s. 50.38 (2) (a) for fiscal year 2008-09 divided by 57.75 percent. For each state fiscal year after state fiscal year 2008-09, total payments required under this subdivision, including both the federal and state share of Medical Assistance, shall equal the amount collected under s. 50.38 (2) (a) for the fiscal year divided by 61.68 53.69 percent.

AB56-SA2,654h Section 654h. 49.45 (3) (e) 12. of the statutes is amended to read:

AB56-SA2,23,8 49.45 (3) (e) 12. The department shall use a portion of the moneys collected under s. 50.38 (2) (b) to pay for services provided by critical access hospitals under the Medical Assistance Program under this subchapter, including services reimbursed on a fee-for-service basis and services provided under a managed care system. For each state fiscal year, total payments required under this subdivision, including both the federal and state share of Medical Assistance, shall equal the amount collected under s. 50.38 (2) (b) for the fiscal year divided by 61.68 53.69 percent.

AB56-SA2,657b Section 657b. 49.45 (3m) (a) (intro.) of the statutes is amended to read:

AB56-SA2,23,16 49.45 (3m) (a) (intro.) Subject to par. (c) and notwithstanding sub. (3) (e), from the appropriations under s. 20.435 (4) (b) and (o), in each fiscal year, the department shall pay to hospitals that serve a disproportionate share of low-income patients an amount equal to the sum of $27,500,000 $56,500,000, as the state share of payments, and the matching federal share of payments. The department may make a payment to a hospital under this subsection under the calculation method described in par. (b) if the hospital meets all of the following criteria:

AB56-SA2,658b Section 658b. 49.45 (3m) (b) 3. a. of the statutes is amended to read:

AB56-SA2,23,21 49.45 (3m) (b) 3. a. No single hospital receives more than $4,600,000 $9,200,000, except that a hospital that is a free-standing pediatric teaching hospital located in Wisconsin that has a percentage calculated under subd. 1. a. greater than 50 percent may receive up to $12,000,000 each fiscal year.”.

AB56-SA2,23,23 72. Page 348, line 23: delete the material beginning with that line and ending with page 349, line 11, and substitute:

AB56-SA2,24,14 “49.45 (3p) (a) Subject to par. (c) and notwithstanding sub. (3) (e), from the appropriations under s. 20.435 (4) (b) and (o), in each fiscal year, the department shall pay to hospitals that would are not eligible for payments under sub. (3m) but that meet the criteria under sub. (3m) (a) except that the hospitals do not provide obstetric services 1. and 2. and that, in the most recent year for which information is available, charged at least 6 percent of overall charges for services to the Medical Assistance program for services provided to Medical Assistance recipients an amount equal to the sum of $250,000 $500,000, as the state share of payments, and the matching federal share of payments. The department may make a payment to a hospital under this subsection under a calculation method determined by the department that provides a fee-for-service supplemental payment that increases as the hospital's percentage of inpatient days for Medical Assistance recipients at the hospital the total amount of the hospital's overall charges for services that are charges to the Medical Assistance program increases.”.

AB56-SA2,24,16 73. Page 349, line 12: delete the material beginning with that line and ending with page 351, line 15, and substitute:

AB56-SA2,24,17 “ Section 660b. 49.45 (5) (a) of the statutes is amended to read:

AB56-SA2,24,23 49.45 (5) (a) Any person whose application for medical assistance is denied or is not acted upon promptly or who believes that the payments made in the person's behalf have not been properly determined or that his or her eligibility has not been properly determined may file an appeal with the department pursuant to par. (b). Review is unavailable if the decision or failure to act arose more than 45 days before submission of the petition for a hearing, except as provided in par. (ag) or (ar).

AB56-SA2,661b Section 661b. 49.45 (5) (ag) of the statutes is created to read:

AB56-SA2,25,6 49.45 (5) (ag) A person shall request a hearing within 90 days of the date of receipt of a notice from a care management organization or managed care organization upholding its adverse benefit determination relating to any of the following or within 90 days of the date the care management organization or managed care organization failed to act on the contested matter within the time specified by the department:

AB56-SA2,25,9 1. Denial or limited authorization of a requested services, including a determination based on the type or level of service, requirement for medical necessity, appropriateness, setting, or effectiveness of a covered benefit.

AB56-SA2,25,12 2. Reduction, suspension, or termination of a previously authorized service, unless the service was only authorized for a limited amount or duration and that amount or duration has been completed.

AB56-SA2,25,13 3. Denial, in whole or in part, of payment for a service.

AB56-SA2,25,14 4. Failure to provide services in a timely manner.

AB56-SA2,25,17 5. Failure of a care management organization or managed care organization to act within the time frames provided in 42 CFR 438.408 (b) (1) and (2) regarding the standard resolution of grievances and appeals.

AB56-SA2,25,20 6. Denial of an enrollee's request to dispute financial liability, including copayments, premiums, deductibles, coinsurance, other cost sharing, and other member financial liabilities.

AB56-SA2,25,23 7. Denial of an enrollee, who is a resident of a rural area with only one care management organization or managed care organization, to obtain services outside the organization's network of contracted providers.

AB56-SA2,662b Section 662b. 49.45 (5) (ar) of the statutes is created to read:

AB56-SA2,26,2 49.45 (5) (ar) If a federal regulation specifies a different time limit to request a hearing than par. (a) or (ag), the time limit in the federal regulation shall apply.

AB56-SA2,663b Section 663b. 49.45 (5) (b) 1. (intro.) of the statutes is amended to read:

AB56-SA2,26,17 49.45 (5) (b) 1. (intro.) Upon receipt of a timely petition under par. (a) the department shall give the applicant or recipient reasonable notice and opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or recipient and, if a county department under s. 46.215, 46.22, or 46.23 is responsible for making the medical assistance determination, to the county clerk of the county. The county may be represented at such hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient, to the county clerk, and to any county officer charged with administration of the Medical Assistance program. The decision of the department shall have the same effect as an order of a county officer charged with the administration of the Medical Assistance program. The decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for a hearing or shall refuse to grant relief if:

AB56-SA2,664b Section 664b. 49.45 (5) (b) 1. d. of the statutes is created to read:

AB56-SA2,26,22 49.45 (5) (b) 1. d. The issue is an adverse benefit determination described in par. (ag) 1. to 7. made by a care management organization or managed care organization and the person requesting the hearing has not exhausted the internal appeal procedure with the organization.”.

AB56-SA2,26,23 74. Page 352, line 22: after that line insert:

AB56-SA2,26,24 “ Section 667b. 49.45 (6xm) of the statutes is created to read: