AB68: Bill Text

AB68,756,15 a. The individual is an adult under the age of 65.

AB68,756,17 b. The adult has a family income that does not exceed 133 percent of the poverty line, except as provided in sub. (4g).

AB68,756,19 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.

AB68,1047 Section 1047 . 49.471 (4g) of the statutes is created to read:

AB68,757,3 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.

AB68,1048 Section 1048. 49.471 (6) (b) of the statutes is amended to read:

AB68,757,9 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.

AB68,1049 Section 1049. 49.471 (6) (L) of the statutes is created to read:

AB68,757,21 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.

AB68,1050 Section 1050. 49.471 (7) (b) 1. of the statutes is amended to read:

AB68,758,8 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.

AB68,1051 Section 1051 . 49.485 of the statutes is renumbered 20.9315 (19) and amended to read:

AB68,758,16 20.9315 (19) Whoever knowingly presents or causes to be presented to any officer, employee, or agent of this state a false claim for medical assistance shall forfeit not less than $5,000 nor more than $10,000, plus 3 times the amount of the damages that were sustained by the state or would have been sustained by the state, whichever is greater, as a result of the false claim. The attorney general may bring an action on behalf of the state to recover any forfeiture incurred under this section.

AB68,1052 Section 1052 . 49.686 (3) (d) of the statutes is amended to read:

AB68,758,23 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) or to an individual who is eligible for benefits under BadgerCare Plus under s. 49.471 (4) (a) 8. or (11).

AB68,1053 Section 1053 . 49.79 (1) (b) of the statutes is amended to read:

AB68,759,4 49.79 (1) (b) “Controlled substance" has the meaning given in 21 USC 802 (6), except “controlled substance” does not include tetrahydrocannabinols in any form, including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

AB68,1054 Section 1054. 49.79 (7r) (d) of the statutes is created to read:

AB68,759,8 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.

AB68,1055 Section 1055. 49.79 (9) (a) 1g. of the statutes is amended to read:

AB68,759,18 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.

AB68,1056 Section 1056. 49.79 (9) (d) of the statutes is repealed.

AB68,1057 Section 1057. 49.79 (9) (f) of the statutes is repealed.

AB68,1058 Section 1058. 49.791 of the statutes is repealed.

AB68,1059 Section 1059 . 49.90 (4) of the statutes is amended to read:

AB68,760,24 49.90 (4) The circuit court shall in a summary way hear the allegations and proofs of the parties and by order require maintenance from these relatives, if they have sufficient ability, considering their own future maintenance and making reasonable allowance for the protection of the property and investments from which they derive their living and their care and protection in old age, in the following order: First the husband or wife spouse; then the father and the mother parents; and then the grandparents in the instances in which sub. (1) (a) 2. applies. The order shall specify a sum which that will be sufficient for the support of the dependent person under sub. (1) (a) 1. or the maintenance of a child of a dependent person under sub. (1) (a) 2., to be paid weekly or monthly, during a period fixed by the order or until the further order of the court. If the court is satisfied that any such relative is unable wholly to maintain the dependent person or the child, but is able to contribute to the person's support or the child's maintenance, the court may direct 2 or more of the relatives to maintain the person or the child and prescribe the proportion each shall contribute. If the court is satisfied that these relatives are unable together wholly to maintain the dependent person or the child, but are able to contribute to the person's support or the child's maintenance, the court shall direct a sum to be paid weekly or monthly by each relative in proportion to ability. Contributions directed by court order, if for less than full support, shall be paid to the department of health services or the department of children and families, whichever is appropriate, and distributed as required by state and federal law. An order under this subsection that relates to maintenance required under sub. (1) (a) 2. shall specifically assign responsibility for and direct the manner of payment of the child's health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon application of any party affected by the order and upon like notice and procedure, the court may modify such an order. Obedience to such an order may be enforced by proceedings for contempt.

AB68,1060 Section 1060. 50.379 of the statutes is created to read:

AB68,761,1 50.379 Designated caregivers. (1) Definitions. In this section:

AB68,761,7 (a) “Aftercare assistance” means any assistance provided by a caregiver to a patient under this section after the patient's discharge and related to the patient's condition at the time of discharge, including assisting with basic activities of daily living or instrumental activities of daily living, or carrying out medical or nursing tasks, such as managing wound care, assisting in administering medications, or operating medical equipment.

AB68,761,11 (b) “Caregiver” means any individual, including a relative, partner, friend, neighbor, or other person who has a significant relationship with a patient, who is designated as a caregiver under this section to provide aftercare assistance to that patient.

AB68,761,13 (c) “Discharge” means a patient's exit or release from a hospital to the patient's residence following an inpatient admission.

AB68,761,14 (d) “Hospital” has the meaning given in s. 50.33 (2).

AB68,761,15 (e) “Incapacitated” has the meaning given in s. 50.94 (1) (b).

AB68,761,18 (f) “Residence” means a dwelling that the patient considers to be his or her home. “Residence” does not include any rehabilitation facility, hospital, nursing home, assisted living facility, or group home licensed by the department.

AB68,761,23 (2) Caregiver designation. (a) A hospital shall provide a patient or, if applicable, a patient's legal guardian at least one opportunity to designate at least one caregiver no later than 24 hours following the patient's admission to a hospital and before the patient's discharge or transfer to another hospital or facility licensed by the department.

AB68,762,2 (b) If a patient is unconscious or otherwise incapacitated upon admission to the hospital, the hospital shall provide the patient or, if applicable, the patient's legal guardian with an opportunity to designate a caregiver within 24 hours following the patient's recovery of his or her consciousness or capacity.

AB68,762,5 (c) If a patient or a patient's legal guardian declines to designate a caregiver under this section, the hospital shall promptly document that information in the patient's medical record.

AB68,762,9 (d) If a patient or the patient's legal guardian designates a caregiver under this section, the hospital shall promptly record the designation of the caregiver, the relationship of the caregiver to the patient, and the name, telephone number, and address of the caregiver in the patient's medical record.

AB68,762,11 (e) Nothing in this section requires a patient or a patient's legal guardian to designate a caregiver.

AB68,762,14 (f) A patient may elect to change a designated caregiver at any time. The hospital shall, within 24 hours, record in the patient's medical record any designation change and any new information required under par. (d).

AB68,762,16 (g) Designation of a caregiver under the provisions of this section does not obligate any individual to perform aftercare assistance for the patient.

AB68,762,22 (3) Release of medical information. (a) If a patient or a patient's legal guardian designates an individual as a caregiver under this section, the hospital shall promptly request the written consent of the patient or the patient's legal guardian to release medical information to the patient's designated caregiver following the hospital's established procedures for releasing personal health information and in accordance with applicable federal and state law.

AB68,763,2 (b) If a patient or the patient's legal guardian declines to consent to the release of medical information to the patient's designated caregiver, the hospital is not required to provide notice to the caregiver or provide information contained in the patient's discharge plan as required under subs. (4) and (5).

AB68,763,5 (4) Notification and instruction to designated caregiver. Subject to sub. (3), if a patient or a patient's legal guardian designates a caregiver under this section, a hospital shall do all of the following:

AB68,763,10 (a) Notify the patient's designated caregiver of the patient's discharge or transfer to another hospital or facility licensed by the department as soon as possible, which may be after the patient's physician issues a discharge order, but not less than 4 hours before the patient's actual discharge or transfer to the other hospital or facility.

AB68,763,14 (b) No less than 24 hours before a patient's discharge from a hospital, consult with the designated caregiver along with the patient regarding the caregiver's capabilities and limitations and issue a written discharge plan that describes a patient's aftercare assistance needs at the patient's residence.

AB68,763,16 (5) Discharge plan. (a) For purposes of this section, a hospital shall include in a discharge plan at least all of the following:

AB68,763,18 1. The name and contact information of the caregiver designated under this section.

AB68,763,21 2. A description of all aftercare assistance tasks necessary to maintain the patient's ability to reside at home, taking into account the capabilities of the caregiver.

AB68,763,24 3. Contact information for any health care, community resources, and long-term services and supports necessary to successfully carry out the patient's discharge plan.

AB68,764,3 (b) A hospital issuing a discharge plan under this section shall provide caregivers with instruction in all aftercare assistance tasks described in the discharge plan, and must include at least all of the following:

AB68,764,8 1. A live demonstration of the tasks performed by a hospital employee or individual with whom the hospital has a contractual relationship authorized to perform the aftercare assistance task, provided in a culturally competent manner and in accordance with the hospital's requirements to provide language access services under state and federal law.

AB68,764,10 2. An opportunity for the caregiver and patient to ask questions about the aftercare assistance tasks.

AB68,764,13 3. Answers to the caregiver's and patient's questions provided in a culturally competent manner and in accordance with the hospital's requirements to provide language access services under state and federal law.

AB68,764,16 (6) No interference with authorized decision making. Nothing in this section shall be construed to interfere with the rights of a person authorized by law to make health care decisions on behalf of a patient.

AB68,764,19 (7) No right of action. Nothing in this section shall be construed to create a private right of action against a hospital, a hospital employee, or any authorized agent of the hospital, or to otherwise supercede or replace existing rights or remedies.

AB68,1061 Section 1061. 51.035 of the statutes is created to read:

AB68,764,25 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.

AB68,765,3 (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.

AB68,1062 Section 1062. 51.036 of the statutes is created to read:

AB68,765,6 51.036 Crisis urgent care and observation centers. (1) In this section, “crisis” has the meaning given in s. 51.042 (1) (a).

AB68,765,13 (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.

AB68,1063 Section 1063. 51.045 of the statutes is amended to read:

AB68,766,2 51.045 Availability of inpatient psychiatric and other beds. From the appropriation under s. 20.435 (2) (cm), the department shall award a grant in the amount of $80,000 $100,000 in fiscal year 2015-16 2021-22 and $30,000 $50,000 in each fiscal year thereafter to the entity under contract under s. 153.05 (2m) (a) to develop and operate an Internet site and system to show the availability of inpatient psychiatric beds, peer run respite beds, and crisis stabilization beds statewide. To receive the grant, the entity shall use a password protected Internet site to allow an inpatient psychiatric unit or hospital or a facility, center, or program that has inpatient psychiatric, peer run respite, or crisis stabilization beds to enter all of the following information and to enable any hospital emergency department , county department, or other entity involved in identifying placement options in the state to view all of the following information reported to the system:

AB68,766,6 (1) The number of available child, adolescent, adult, and geriatric inpatient psychiatric beds, as applicable, that are inpatient psychiatric, peer run respite, or crisis stabilization beds and that are currently available at the hospital, unit, facility, center, or program at the time of reporting by the hospital or unit.

AB68,766,8 (2) Any special information that the hospital or, unit, facility, center, or program reports regarding the available beds under sub. (1).

AB68,766,10 (3) The date the hospital or, unit, facility, center, or program reports the information under subs. (1) and (2).

AB68,766,12 (4) The location of the hospital or , unit, facility, center, or program that is reporting.

AB68,766,14 (5) The contact information for admission coordination for the hospital or, unit, facility, center, or program.

AB68,1064 Section 1064. 51.44 (5) (bm) of the statutes is created to read:

AB68,766,18 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.

AB68,1065 Section 1065 . 54.01 (36) (a) of the statutes is amended to read:

AB68,766,24 54.01 (36) (a) An individual who obtains or consents to a final decree or judgment of divorce from the decedent or an annulment of their marriage, if the decree or judgment is not recognized as valid in this state, unless the 2 subsequently participated in a marriage ceremony purporting to marry each other or they subsequently held themselves out as husband and wife married to each other.

AB68,1066 Section 1066 . 54.15 (8) (a) (intro.) of the statutes is amended to read:

AB68,767,2 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:

AB68,767,3 1m. A sworn and notarized statement as to whether any of the following is true:

AB68,1067 Section 1067 . 54.15 (8) (a) 1. to 4. of the statutes are renumbered 54.15 (8) (a) 1m. a. to d.

AB68,1068 Section 1068 . 54.15 (8) (a) 2m. of the statutes is created to read:

AB68,767,9 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).

AB68,1069 Section 1069 . 54.15 (8) (b) of the statutes is amended to read:

AB68,767,14 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.

AB68,1070 Section 1070. 54.26 of the statutes is created to read:

AB68,767,18 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:

AB68,767,20 1. The duties and responsibilities of a guardian of the person under the law and limits of the guardian's decision-making authority.

AB68,767,22 2. Alternatives to guardianship, including supported decision-making agreements and powers of attorney.

AB68,767,23 3. Rights retained by a ward.

AB68,768,3 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.