Amendment SA2-AB56

AB56-SA2,669m Section 669m. 49.45 (19) (a) of the statutes is amended to read:

AB56-SA2,28,2 49.45 (19) (a) As Except as provided in par. (c), 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.

AB56-SA2,670h Section 670h. 49.45 (19) (am) of the statutes is created to read:

AB56-SA2,28,11 49.45 (19) (am) As a condition of eligibility for medical assistance, a person shall 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 or children may have rights. This cooperation shall be in accordance with federal law and regulations applying to paternity establishment and collection of support payments and may not be required if the person has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.

AB56-SA2,671m Section 671m. 49.45 (19) (c) of the statutes is amended to read:

AB56-SA2,28,17 49.45 (19) (c) 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, The state may not seek recovery of 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.

AB56-SA2,672c Section 672c. 49.45 (23) of the statutes is repealed.

AB56-SA2,673g Section 673g. 49.45 (23) (g) of the statutes is repealed.

AB56-SA2,674g Section 674g. 49.45 (23b) of the statutes is repealed.

AB56-SA2,676m Section 676m. 49.45 (24L) of the statutes is created to read:

AB56-SA2,28,25 49.45 (24L) Critical access reimbursement payments to dental providers. (a) Based on the criteria in pars. (b) and (c), the department shall increase reimbursements to dental providers that meet quality of care standards, as established by the department.

AB56-SA2,29,2 (b) In order to be eligible for enhanced reimbursement under this subsection, the provider must meet one of the following qualifications:

AB56-SA2,29,5 1. For a nonprofit or public provider, 50 percent or more of the individuals served by the provider are individuals who are without dental insurance or are enrolled in the Medical Assistance program.

AB56-SA2,29,7 2. For a for-profit provider, 5 percent or more of the individuals served by the provider are enrolled in the Medical Assistance program.

AB56-SA2,29,18 (c) For dental services rendered on or after January 1, 2020, by a qualified nonprofit critical access dental provider, the department shall increase reimbursement by 50 percent above the reimbursement rate that would otherwise be paid to that provider. For dental services rendered on or after January 1, 2020, by a qualified for-profit critical access dental provider, the department shall increase reimbursement by 30 percent above the reimbursement rate that would otherwise be paid to that provider. For dental providers rendering services to individuals in managed care under the Medical Assistance program, for services rendered on or after January 1, 2020, the department shall increase reimbursement to pay an additional amount on the basis of the rate that would have been paid to the dental provider had the individual not been enrolled in managed care.

AB56-SA2,29,21 (d) If a provider has more than one service location, the thresholds described under par. (b) apply to each location, and payment for each service location would be determined separately.”.

AB56-SA2,29,23 75. Page 352, line 24: delete the material beginning with that line and ending with page 353, line 8, and substitute:

AB56-SA2,30,10 “49.45 (29w) (b) 1. b. “Telehealth" is means a service provided from a remote location using a combination of interactive video, audio, and externally acquired images through a networking environment between an individual or a provider at an originating site and a provider at a remote location with the service being of sufficient audio and visual fidelity and clarity as to be functionally equivalent to face-to-face contact; or, in circumstances determined by the department, an asynchronous transmission of digital clinical information through a secure electronic communications system from one provider to another provider. “Telehealth" does not include telephone conversations or Internet-based communications between providers or between providers and individuals.”.

AB56-SA2,30,11 76. Page 353, line 9: delete that line and substitute:

AB56-SA2,30,12 “ Section 678b. 49.45 (29y) (d) of the statutes is repealed.

AB56-SA2,679p Section 679p. 49.45 (30y) of the statutes is created to read:

AB56-SA2,30,16 49.45 (30y) Certified doula services; pilot project. (a) In this subsection, “certified doula" means an individual who has received certification from a doula certifying organization recognized by the department.

AB56-SA2,30,19 (b) For purposes of this subsection, services provided by certified doulas include continuous emotional and physical support during labor and birth of a child and intermittent services during the prenatal and postpartum periods.

AB56-SA2,30,24 (c) Subject to par. (d), the department shall reimburse under the Medical Assistance program benefits as provided under this subsection for pregnant women enrolled in the Medical Assistance program who reside in the counties of Brown, Dane, Milwaukee, Rock, or Sheboygan, or another county as determined by the department.

AB56-SA2,31,6 (d) The department shall request from the secretary of the federal department of health and human services any approval necessary to allow reimbursement under the Medical Assistance program for services provided by a certified doula. The department may not pay reimbursement unless federal approval is not required or any required federal approval allowing reimbursement under s. 49.46 (2) (b) 12p. is approved and in effect.”.

AB56-SA2,31,8 77. Page 353, line 11: delete the material beginning with that line and ending with page 354, line 17, and substitute:

AB56-SA2,31,14 “49.45 (41) Mental health crisis Crisis intervention services. (a) In this subsection, “mental health crisis intervention services" means crisis intervention services for the treatment of mental illness, intellectual disability, substance abuse, and dementia that are provided by a mental health crisis intervention program operated by, or under contract with, a county, if the county is certified as a medical assistance provider.

AB56-SA2,31,23 (b) If a county elects to become certified as a provider of mental health crisis intervention services, the county may provide mental health crisis intervention services under this subsection in the county to medical assistance recipients through the medical assistance program. A county that elects to provide the services shall pay the amount of the allowable charges for the services under the medical assistance program that is not provided by the federal government. The department shall reimburse the county under this subsection only for the amount of the allowable charges for those services under the medical assistance program that is provided by the federal government.

AB56-SA2,681b Section 681b. 49.45 (41) (c) of the statutes is created to read:

AB56-SA2,32,3 49.45 (41) (c) Notwithstanding par. (b), if a county elects to deliver crisis intervention services under the Medical Assistance program on a regional basis according to criteria established by the department, all of the following apply:

AB56-SA2,32,7 1. After January 1, 2020, the department shall require the county to annually contribute for the crisis intervention services an amount equal to 75 percent of the county's expenditures for crisis intervention services under this subsection in calendar year 2017, as determined by the department.

AB56-SA2,32,11 2. The department shall reimburse the provider of crisis intervention services in the county the amount of allowable charges for those services under the Medical Assistance program, including both the federal share and nonfederal share of those charges, that exceeds the amount of the county contribution required under subd. 1.

AB56-SA2,32,15 3. If a county submits a certified cost report under s. 49.45 (52) (b) to claim federal medical assistance funds, the claim based on certified costs made by a county for amounts under subd. 2. may not include any part of the nonfederal share of the amount under subd. 2.”.

AB56-SA2,32,17 78. Page 354, line 23: delete the material beginning with that line and ending with page 355, line 6, and substitute:

AB56-SA2,32,18 “ Section 683b. 49.45 (47) (dm) of the statutes is created to read:

AB56-SA2,33,2 49.45 (47) (dm) Every 24 months, on a schedule determined by the department, an adult day care center shall submit through an online system prescribed by the department a report in the form and containing the information that the department requires, including payment of any fee due under par. (c). If a complete report is not timely filed, the department shall issue a warning to the operator of the adult day care center. The department may revoke an adult day care center's certification for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.”.

AB56-SA2,33,3 79. Page 355, line 6: after that line insert:

AB56-SA2,33,4 “ Section 685b. 49.46 (1) (a) 1m. of the statutes is amended to read:

AB56-SA2,33,8 49.46 (1) (a) 1m. Any pregnant woman whose income does not exceed the standard of need under s. 49.19 (11) and whose pregnancy is medically verified. Eligibility continues to the last day of the month in which the 60th day or, if approved by the federal government, the 365th day after the last day of the pregnancy falls.”.

AB56-SA2,33,9 80. Page 355, line 21: after that line insert:

AB56-SA2,33,10 “ Section 688b. 49.46 (1) (j) of the statutes is amended to read:

AB56-SA2,33,15 49.46 (1) (j) An individual determined to be eligible for benefits under par. (a) 9. remains eligible for benefits under par. (a) 9. for the balance of the pregnancy and to the last day of the month in which the 60th day or, if approved by the federal government, the 365th day after the last day of the pregnancy falls without regard to any change in the individual's family income.”.

AB56-SA2,33,16 81. Page 356, line 2: after that line insert:

AB56-SA2,33,17 “ Section 690p. 49.46 (2) (b) 12p. of the statutes is created to read:

AB56-SA2,33,19 49.46 (2) (b) 12p. Subject to the limitations under s. 49.45 (30y), services provided by a certified doula.”.

AB56-SA2,33,20 82. Page 356, line 4: delete lines 4 and 5 and substitute:

AB56-SA2,33,22 “49.46 (2) (b) 15. Mental health crisis Crisis intervention services under s. 49.45 (41).”.

AB56-SA2,33,23 83. Page 356, line 5: after that line insert:

AB56-SA2,33,24 “ Section 691d. 49.46 (2) (b) 21. of the statutes is created to read:

AB56-SA2,34,2 49.46 (2) (b) 21. Subject to par. (bv), nonmedical services that contribute to the determinants of health.

AB56-SA2,691g Section 691g. 49.46 (2) (bv) of the statutes is created to read:

AB56-SA2,34,10 49.46 (2) (bv) The department shall determine those services under par. (b) 21. that contribute to the determinants of health. The department shall seek any necessary state plan amendment or request any waiver of federal Medicaid law to implement this paragraph. The department is not required to provided the services under this paragraph as a benefit under the Medical Assistance program if the federal department of health and human services does not provide federal financial participation for the services under this paragraph.

AB56-SA2,694h Section 694h. 49.463 of the statutes is repealed.

AB56-SA2,695b Section 695b. 49.47 (4) (ag) 2. of the statutes is amended to read:

AB56-SA2,34,15 49.47 (4) (ag) 2. Pregnant and the woman's pregnancy is medically verified Eligibility continues to the last day of the month in which the 60th day or, if approved by the federal government, the 365th day after the last day of the pregnancy falls.”.

AB56-SA2,34,16 84. Page 356, line 23: after that line insert:

AB56-SA2,34,17 “ Section 699c. 49.471 (1) (cr) of the statutes is created to read:

AB56-SA2,34,19 49.471 (1) (cr) “Enhanced federal medical assistance percentage" means a federal medical assistance percentage described under 42 USC 1396d (y) or (z).

AB56-SA2,700c Section 700c. 49.471 (4) (a) 4. b. of the statutes is amended to read:

AB56-SA2,34,23 49.471 (4) (a) 4. b. The individual's family income does not exceed 100 133 percent of the poverty line before application of the 5 percent income disregard under 42 CFR 435.603 (d).

AB56-SA2,701c Section 701c. 49.471 (4) (a) 8. of the statutes is created to read:

AB56-SA2,35,1 49.471 (4) (a) 8. An individual who meets all of the following criteria:

AB56-SA2,35,2 a. The individual is an adult under the age of 65.

AB56-SA2,35,4 b. The adult has a family income that does not exceed 133 percent of the poverty line, except as provided in sub. (4g).

AB56-SA2,35,6 c. The adult is not otherwise eligible for the Medical Assistance program under this subchapter or the Medicare program under 42 USC 1395 et seq.

AB56-SA2,702c Section 702c. 49.471 (4g) of the statutes is created to read:

AB56-SA2,35,15 49.471 (4g) Medicaid expansion; federal medical assistance percentage. For services provided to individuals described under sub. (4) (a) 8., the department shall comply with all federal requirements to qualify for the highest available enhanced federal medical assistance percentage. The department shall submit any amendment to the state medical assistance plan, request for a waiver of federal Medicaid law, or other approval request required by the federal government to provide services to the individuals described under sub. (4) (a) 8. and qualify for the highest available enhanced federal medical assistance percentage.

AB56-SA2,703b Section 703b. 49.471 (6) (b) of the statutes is amended to read:

AB56-SA2,35,21 49.471 (6) (b) A pregnant woman who is determined to be eligible for benefits under sub. (4) remains eligible for benefits under sub. (4) for the balance of the pregnancy and to the last day of the month in which the 60th day or, if approved by the federal government, the 365th day after the last day of the pregnancy falls without regard to any change in the woman's family income.

AB56-SA2,704b Section 704b. 49.471 (6) (L) of the statutes is created to read:

AB56-SA2,36,3 49.471 (6) (L) The department shall request from the federal department of health and human services approval of a state plan amendment, a waiver of federal Medicaid law, or approval of a demonstration project to maintain eligibility for post-partum women to the last day of the month in which the 365th day after the last day of the pregnancy falls under ss. 49.46 (1) (a) 1m. and 9. and (j), 49.47 (4) (ag) 2., and 49.471 (4) (a) 1g. and 1m., (6) (b), and (7) (b) 1.

AB56-SA2,705b Section 705b. 49.471 (7) (b) 1. of the statutes is amended to read:

AB56-SA2,36,15 49.471 (7) (b) 1. A pregnant woman whose family income exceeds 300 percent of the poverty line may become eligible for coverage under this section if the difference between the pregnant woman's family income and the applicable income limit under sub. (4) (a) is obligated or expended for any member of the pregnant woman's family for medical care or any other type of remedial care recognized under state law or for personal health insurance premiums or for both. Eligibility obtained under this subdivision continues without regard to any change in family income for the balance of the pregnancy and to the last day of the month in which the 60th day or, if approved by the federal government, the 365th day after the last day of the woman's pregnancy falls. Eligibility obtained by a pregnant woman under this subdivision extends to all pregnant women in the pregnant woman's family.”.

AB56-SA2,36,16 85. Page 357, line 18: after that line insert:

AB56-SA2,36,17 “ Section 711c. 49.686 (3) (d) of the statutes is amended to read:

AB56-SA2,36,23 49.686 (3) (d) Has applied for coverage under and has been denied eligibility for medical assistance within 12 months prior to application for reimbursement under sub. (2). This paragraph does not apply to an individual who is eligible for benefits under the demonstration project for childless adults under s. 49.45 (23) BadgerCare Plus under s. 49.471 (4) (a) 8. or to an individual who is eligible for benefits under BadgerCare Plus under s. 49.471 (11).”.

AB56-SA2,36,24 86. Page 358, line 10: after that line insert:

AB56-SA2,37,1 “ Section 726m. 49.855 (3) of the statutes is amended to read:

AB56-SA2,37,25 49.855 (3) Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93 (3), (6), and (7). When the department of revenue determines that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the obligor that the state intends to reduce any state tax refund or credit due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, or medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4), 49.345 (4), or 301.12 (4). The notice shall provide that within 20 days the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. Within 10 days after receiving a request for hearing under this subsection, the court shall set the matter for hearing. Pending further order by the court or a circuit court commissioner, the department of children and families or its designee, whichever is appropriate, is prohibited from disbursing the obligor's state tax refund or credit. A circuit court commissioner may conduct the hearing. The sole issues at that hearing shall be whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld from a tax refund or credit shall be paid to the obligor or held for future support or maintenance, except that the obligor's ability to pay shall also be an issue at the hearing if the obligation relates to an order under s. 767.805 (4) (d) 1. or 767.89 (3) (e) 1. regarding birth expenses and the order specifies that the court found that the obligor's income was at or below the poverty line established under 42 USC 9902 (2).

AB56-SA2,727m Section 727m. 49.855 (4m) (b) of the statutes is amended to read:

AB56-SA2,39,5 49.855 (4m) (b) The department of revenue may provide a certification that it receives under sub. (1), (2m), (2p), or (2r) to the department of administration. Upon receipt of the certification, the department of administration shall determine whether the obligor is a vendor or is receiving any other payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.40 (1m), this chapter, or ch. 46, 108, or 301. If the department of administration determines that the obligor is a vendor or is receiving payments from this state, except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s. 45.40 (1m), this chapter, or ch. 46, 108, or 301, it shall begin to withhold the amount certified from those payments and shall notify the obligor that the state intends to reduce any payments due the obligor by the amount the obligor is delinquent under the support, maintenance, or receiving and disbursing fee order or obligation, by the outstanding amount for past support, or medical expenses, or birth expenses under the court order, or by the amount due under s. 46.10 (4), 49.345 (4), or 301.12 (4). The notice shall provide that within 20 days after receipt of the notice the obligor may request a hearing before the circuit court rendering the order under which the obligation arose. An obligor may, within 20 days after receiving notice, request a hearing under this paragraph. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing. A circuit court commissioner may conduct the hearing. Pending further order by the court or circuit court commissioner, the department of children and families or its designee, whichever is appropriate, may not disburse the payments withheld from the obligor. The sole issues at the hearing are whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld shall be paid to the obligor or held for future support or maintenance, except that the obligor's ability to pay is also an issue at the hearing if the obligation relates to an order under s. 767.805 (4) (d) 1. or 767.89 (3) (e) 1. regarding birth expenses and the order specifies that the court found that the obligor's income was at or below the poverty line established under 42 USC 9902 (2).”.

AB56-SA2,39,7 87. Page 358, line 11: delete the material beginning with that line and ending with page 359, line 11, and substitute:

AB56-SA2,39,8 “ Section 728b. 50.03 (3) (b) (intro.) of the statutes is amended to read:

AB56-SA2,39,13 50.03 (3) (b) (intro.) The application for a license and, except as otherwise provided in this subchapter, the report of a licensee shall be in writing upon forms provided by the department and shall contain such information as the department requires, including the name, address and type and extent of interest of each of the following persons:

AB56-SA2,729b Section 729b. 50.03 (4) (c) 1. of the statutes is amended to read:

AB56-SA2,39,24 50.03 (4) (c) 1. A community-based residential facility license is valid until it is revoked or suspended under this section. Every 24 months, on a schedule determined by the department, a community-based residential facility licensee shall submit through an online system prescribed by the department a biennial report in the form and containing the information that the department requires, including payment of the fees required any fee due under s. 50.037 (2) (a). If a complete biennial report is not timely filed, the department shall issue a warning to the licensee. The department may revoke a community-based residential facility license for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.

AB56-SA2,730b Section 730b. 50.033 (2m) of the statutes is amended to read:

AB56-SA2,40,9 50.033 (2m) Reporting. Every 24 months, on a schedule determined by the department, a licensed adult family home shall submit through an online system prescribed by the department a biennial report in the form and containing the information that the department requires, including payment of the any fee required due under sub. (2). If a complete biennial report is not timely filed, the department shall issue a warning to the licensee. The department may revoke the license for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.”.

AB56-SA2,40,11 88. Page 359, line 22: delete the material beginning with that line and ending with page 360, line 9, and substitute: