Amendment AA2-ASA2-AB68

AB68-ASA2-AA2,34,12 49.46 (2) (b) 9m. Community health services, as specified under s. 49.45 (25r).

AB68-ASA2-AA2,230j Section 230j. 49.46 (2) (b) 11m. of the statutes is created to read:

AB68-ASA2-AA2,34,15 49.46 (2) (b) 11m. Subject to par. (bx), acupuncture provided by an acupuncturist who holds a certificate under ch. 451.

AB68-ASA2-AA2,230k Section 230k. 49.46 (2) (b) 12p. of the statutes is created to read:

AB68-ASA2-AA2,34,18 49.46 (2) (b) 12p. Doula services provided by a certified doula, as specified under s. 49.45 (30t).

AB68-ASA2-AA2,230n Section 230n. 49.46 (2) (b) 24. of the statutes is created to read:

AB68-ASA2-AA2,34,21 49.46 (2) (b) 24. Subject to par. (bv), nonmedical services that contribute to the determinants of health.

AB68-ASA2-AA2,230p Section 230p. 49.46 (2) (bv) of the statutes is created to read:

AB68-ASA2-AA2,35,4 49.46 (2) (bv) The department shall determine those services under par. (b) 24. 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 provide 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.

AB68-ASA2-AA2,230r Section 230r. 49.46 (2) (bx) of the statutes is created to read:

AB68-ASA2-AA2,35,12 49.46 (2) (bx) The department shall submit to the federal department of health and human services any request for a state plan amendment, waiver, or other federal approval necessary to provide reimbursement for the benefit under par. (b) 11m. If the federal department approves the request or if no federal approval is necessary, the department shall provide the benefit and reimbursement under par. (b) 11m. If the federal department disapproves the request, the department may not provide the benefit or reimbursement for the benefit described under par. (b) 11m.

AB68-ASA2-AA2,230u Section 230u. 49.47 (4) (ag) 2. of the statutes is amended to read:

AB68-ASA2-AA2,35,16 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 365th day after the last day of the pregnancy falls.

AB68-ASA2-AA2,231b Section 231b. 49.471 (1) (cr) of the statutes is created to read:

AB68-ASA2-AA2,35,19 49.471 (1) (cr) “Enhanced federal medical assistance percentage" means a federal medical assistance percentage described under 42 USC 1396d (y) or (z).

AB68-ASA2-AA2,231d Section 231d. 49.471 (4) (a) 4. b. of the statutes is amended to read:

AB68-ASA2-AA2,35,23 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).

AB68-ASA2-AA2,231f Section 231f. 49.471 (4) (a) 8. of the statutes is created to read:

AB68-ASA2-AA2,35,25 49.471 (4) (a) 8. An individual who meets all of the following criteria:

AB68-ASA2-AA2,36,1 a. The individual is an adult under the age of 65.

AB68-ASA2-AA2,36,3 b. The individual has a family income that does not exceed 133 percent of the poverty line, except as provided in sub. (4g).

AB68-ASA2-AA2,36,5 c. The individual is not otherwise eligible for the Medical Assistance program under this subchapter or the Medicare program under 42 USC 1395 et seq.

AB68-ASA2-AA2,231j Section 231j. 49.471 (4g) of the statutes is created to read:

AB68-ASA2-AA2,36,16 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. Sections 20.940 and 49.45 (2t) do not apply to a submission to the federal government under this subsection.

AB68-ASA2-AA2,231m Section 231m. 49.471 (6) (b) of the statutes is amended to read:

AB68-ASA2-AA2,36,22 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 365th day after the last day of the pregnancy falls without regard to any change in the woman's family income.

AB68-ASA2-AA2,231p Section 231p. 49.471 (6) (L) of the statutes is created to read:

AB68-ASA2-AA2,37,9 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 postpartum 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. The department shall cover and provide reimbursement for services 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. regardless of whether a state plan amendment, waiver of federal Medicaid law, or approval of a demonstration project related to coverage or reimbursement of these services is granted by the federal department of human services.

AB68-ASA2-AA2,231t Section 231t. 49.471 (7) (b) 1. of the statutes is amended to read:

AB68-ASA2-AA2,37,21 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 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.

AB68-ASA2-AA2,231w Section 231w. 49.686 (3) (d) of the statutes is amended to read:

AB68-ASA2-AA2,38,3 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) or to an individual who is eligible for benefits under BadgerCare Plus under s. 49.471 (4) (a) 8. or (11).

AB68-ASA2-AA2,232d Section 232d. 49.79 (7r) (d) of the statutes is created to read:

AB68-ASA2-AA2,38,7 49.79 (7r) (d) The department may expend from the appropriation under s. 20.435 (4) (bt) no more than $425,000 per fiscal year for the pilot program under this subsection.

AB68-ASA2-AA2,232g Section 232g. 49.79 (9) (a) 1g. of the statutes is amended to read:

AB68-ASA2-AA2,38,17 49.79 (9) (a) 1g. Except as provided in subds. 2. and 3., beginning October 1, 2019, the department shall require, to the extent allowed by the federal government, all able-bodied adults without dependents in this state to participate in the employment and training program under this subsection, except for able-bodied adults without dependents who are employed, as determined by the department. The department may require other able individuals who are 18 to 60 years of age, or a subset of those individuals to the extent allowed by the federal government, who are not participants in a Wisconsin Works employment position to participate in the employment and training program under this subsection.

AB68-ASA2-AA2,232j Section 232j. 49.79 (9) (d) of the statutes is repealed.

AB68-ASA2-AA2,232L Section 232L. 49.79 (9) (f) of the statutes is repealed.

AB68-ASA2-AA2,232p Section 232p. 49.791 of the statutes is repealed.

AB68-ASA2-AA2,232v Section 232v. 51.035 of the statutes is created to read:

AB68-ASA2-AA2,39,2 51.035 Crisis response system; grants. (1) From the appropriation under s. 20.435 (5) (ch), the department shall award grants under this section to entities to provide a continuum of crisis response services, including mental health crisis urgent care and observation centers, crisis stabilization and inpatient psychiatric beds, and crisis stabilization facilities.

AB68-ASA2-AA2,39,5 (2) From the appropriation under s. 20.435 (5) (ch), the department shall award no more than 5 grants to fund services at facilities providing crisis stabilization services, based on criteria established by the department.

AB68-ASA2-AA2,232z Section 232z. 51.036 of the statutes is created to read:

AB68-ASA2-AA2,39,8 51.036 Crisis urgent care and observation centers. (1) In this section, “crisis” has the meaning given in s. 51.042 (1) (a).

AB68-ASA2-AA2,39,15 (2) The department may certify crisis urgent care and observation centers and may establish criteria by rule for the certification of crisis urgent care and observation centers. If the department establishes a certification process for crisis urgent care and observation centers, no person may operate a crisis urgent care and observation center without having a certification. The department may limit the number of certifications it grants to operate crisis urgent care and observation centers.”.

AB68-ASA2-AA2,39,16 90. Page 294, line 8: delete “$80,000" and substitute “$80,000 $100,000".

AB68-ASA2-AA2,39,17 91. Page 295, line 17: after that line insert:

AB68-ASA2-AA2,39,18 “ Section 238c. 51.44 (5) (bm) of the statutes is created to read:

AB68-ASA2-AA2,39,21 51.44 (5) (bm) Ensure that any child with a level of lead in his or her blood that is 5 or more micrograms per 100 milliliters of blood, as confirmed by one venous blood test, is eligible for services under the program under this section.

AB68-ASA2-AA2,238f Section 238f. 54.15 (8) (a) (intro.) of the statutes is amended to read:

AB68-ASA2-AA2,39,24 54.15 (8) (a) (intro.) At least 96 hours before the hearing under s. 54.44, the proposed guardian shall submit to the court a all of the following:

AB68-ASA2-AA2,40,1 1m. A sworn and notarized statement as to whether any of the following is true:

AB68-ASA2-AA2,238g Section 238g. 54.15 (8) (a) 1. to 4. of the statutes are renumbered 54.15 (8) (a) 1m. a. to d.

AB68-ASA2-AA2,238h Section 238h. 54.15 (8) (a) 2m. of the statutes is created to read:

AB68-ASA2-AA2,40,7 54.15 (8) (a) 2m. A sworn and notarized statement that the proposed guardian has completed the training requirements under s. 54.26 (1), unless exempted under s. 54.26 (2) (c), (d), or (e).

AB68-ASA2-AA2,238j Section 238j. 54.15 (8) (b) of the statutes is amended to read:

AB68-ASA2-AA2,40,12 54.15 (8) (b) If par. (a) 1., 2., 3., or 4. 1m. a., b., c., or d. applies to the proposed guardian, he or she shall include in the sworn and notarized statement a description of the circumstances surrounding the applicable event under par. (a) 1., 2., 3., or 4. 1m. a., b., c., or d.

AB68-ASA2-AA2,238m Section 238m. 54.26 of the statutes is created to read:

AB68-ASA2-AA2,40,16 54.26 Guardian training requirements. (1) Required training topics. (a) Every guardian of the person, unless exempted under sub. (2) (c), (d), or (e), shall complete training on all of the following topics:

AB68-ASA2-AA2,40,18 1. The duties and responsibilities of a guardian of the person under the law and limits of the guardian's decision-making authority.

AB68-ASA2-AA2,40,20 2. Alternatives to guardianship, including supported decision-making agreements and powers of attorney.

AB68-ASA2-AA2,40,21 3. Rights retained by a ward.

AB68-ASA2-AA2,40,24 4. Best practices for a guardian to solicit and understand the wishes and preferences of a ward, to involve a ward in decision making, and to take a ward's wishes and preferences into account in decisions made by the guardian.

AB68-ASA2-AA2,40,25 5. Restoration of a ward's rights and the process for removal of guardianship.

AB68-ASA2-AA2,41,2 6. Future planning and identification of a potential standby or successor guardian.

AB68-ASA2-AA2,41,3 7. Resources and technical support for guardians.

AB68-ASA2-AA2,41,5 (b) Every guardian of the estate shall complete training on all of the following topics:

AB68-ASA2-AA2,41,7 1. The duties and responsibilities of a guardian of the estate under the law and limits of the guardian's decision-making authority.

AB68-ASA2-AA2,41,8 2. Inventory and accounting requirements.

AB68-ASA2-AA2,41,11 (2) Initial training requirements. (a) Before the final hearing for a permanent guardianship, any person nominated for appointment or seeking appointment as a guardian of the person is required to receive the training required under sub. (1) (a).

AB68-ASA2-AA2,41,14 (b) Before the final hearing for permanent guardianship, any person nominated for appointment or seeking appointment as a guardian of the estate is required to receive at least the training required under sub. (1) (b).

AB68-ASA2-AA2,41,16 (c) A guardian under s. 54.15 (7) who is regulated by the department is exempt from pars. (a) and (b).

AB68-ASA2-AA2,41,18 (d) A volunteer guardian who has completed the training requirements under sub. (1) is exempt from pars. (a) and (b) with regard to subsequent wards.

AB68-ASA2-AA2,41,20 (e) A guardian of the person or a guardian of the estate, or both, for a minor under s. 54.10 (1) is exempt from pars. (a) and (b).

AB68-ASA2-AA2,238r Section 238r. 66.0137 (4) of the statutes is amended to read:

AB68-ASA2-AA2,42,3 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.729, 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.862, 632.867, 632.87 (4) to (6), 632.871, 632.885, 632.89, 632.895 (9) to (17), 632.896, and 767.513 (4).

AB68-ASA2-AA2,238t Section 238t. 66.0137 (4) of the statutes, as affected by 2021 Wisconsin Act .... (this act), section 238r, is amended to read:

AB68-ASA2-AA2,42,12 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.728, 632.729, 632.746 (1) and (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.862, 632.867, 632.87 (4) to (6), 632.871, 632.885, 632.89, 632.895 (9) (8) to (17), 632.896, and 767.513 (4).”.

AB68-ASA2-AA2,42,13 92. Page 301, line 13: after that line insert:

AB68-ASA2-AA2,42,14 “ Section 257m. 71.07 (8p) of the statutes is created to read:

AB68-ASA2-AA2,42,15 71.07 (8p) Family caregiver tax credit. (a) Definitions. In this subsection:

AB68-ASA2-AA2,42,17 1. “Claimant" means an individual who files a claim under this subsection for amounts paid for qualified expenses to benefit a qualified family member.

AB68-ASA2-AA2,42,18 2. “Physician” has the meaning given in s. 36.60 (1) (b).

AB68-ASA2-AA2,42,21 3. “Qualified expenses” means amounts paid by a claimant in the year to which the claim relates for items that relate directly to the care or support of a qualified family member, including the following:

AB68-ASA2-AA2,42,23 a. The improvement or alteration of the claimant's primary residence to enable or assist the qualified family member to be mobile, safe, or independent.

AB68-ASA2-AA2,43,2 b. The purchase or lease of equipment to enable or assist the qualified family member to carry out one or more activities of daily living.

AB68-ASA2-AA2,43,6 c. The acquisition of goods or services, or support, to assist the claimant in caring for the qualified family member, including employing a home care aide or personal care attendant, adult day care, specialized transportation, legal or financial services, or assistive care technology.

AB68-ASA2-AA2,43,8 4. “Qualified family member” means an individual to whom all of the following apply:

AB68-ASA2-AA2,43,10 a. The individual is at least 18 years of age during the taxable year to which the claim relates.