AB43: Bill Text

AB43,,2516 49.175 (1) (u) (title) Prevention Child welfare prevention services.

AB43,1059 Section 1059. 49.175 (1) (y) of the statutes is repealed.

AB43,1060 Section 1060. 49.175 (1) (z) of the statutes is amended to read:

AB43,,2519 49.175 (1) (z) Grants to the Boys and Girls Clubs of America. For grants to the Wisconsin Chapter of the Boys and Girls Clubs of America to fund programs that improve social, academic, and employment skills of youth who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq., focusing on study habits, intensive tutoring in math and English, and exposure to career options and role models, $2,807,000 $3,307,000 in each fiscal year. Grants provided under this paragraph may not be used by the grant recipient to replace funding for programs that are being funded, when the grant proceeds are received, with moneys other than those from the appropriations specified in sub. (1) (intro.). The total amount of the grants includes funds for the BE GREAT: Graduate program in the amount of matching funds that the program provides, up to $1,532,000 in each fiscal year, to be used only for activities for which federal Temporary Assistance for Needy Families block grant moneys may be used.

AB43,1061 Section 1061. 49.175 (1) (zh) of the statutes is amended to read:

AB43,,2521 49.175 (1) (zh) Earned income tax credit supplement. For the transfer of moneys from the appropriation account under s. 20.437 (2) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $63,600,000 $109,020,000 in fiscal year 2021-22 2023-24 and $66,600,000 $111,260,000 in fiscal year 2022-23 2024-25.

AB43,1062 Section 1062. 49.19 (1) (a) 2. a. of the statutes is amended to read:

AB43,,2523 49.19 (1) (a) 2. a. Is living with a parent; a blood relative, including those of half-blood, and including first cousins, nephews or nieces and persons of preceding generations as denoted by prefixes of grand, great or great-great; a stepfather, stepmother stepparent, stepbrother, or stepsister; a person who legally adopts the child or is the adoptive parent of the child’s parent, a natural or legally adopted child of such person or a relative of an adoptive parent; or a spouse of any person named in this subparagraph subd. 2. a. even if the marriage is terminated by death or divorce; and is living in a residence maintained by one or more of these relatives as the child’s or their own home, or living in a residence maintained by one or more of these relatives as the child’s or their own home because the parents of the child have been found unfit to have care and custody of the child; or

AB43,1063 Section 1063. 49.19 (4) (d) (intro.) of the statutes is amended to read:

AB43,,2525 49.19 (4) (d) (intro.) Aid may be granted to the mother or stepmother parent or stepparent of a dependent child if he or she is without a husband spouse or if he or she:

AB43,1064 Section 1064. 49.19 (4) (d) 1. of the statutes is amended to read:

AB43,,2527 49.19 (4) (d) 1. Is the wife spouse of a husband person who is incapacitated for gainful work by mental or physical disability; or

AB43,1065 Section 1065. 49.19 (4) (d) 2. of the statutes is amended to read:

AB43,,2529 49.19 (4) (d) 2. Is the wife spouse of a husband person who is incarcerated or who is a convicted offender permitted to live at home but precluded from earning a wage because the husband person is required by a court imposed sentence to perform unpaid public work or unpaid community service; or

AB43,1066 Section 1066. 49.19 (4) (d) 3. of the statutes is amended to read:

AB43,,2531 49.19 (4) (d) 3. Is the wife spouse of a husband person who has been committed to the department pursuant to ch. 975, irrespective of the probable period of such commitment; or

AB43,1067 Section 1067. 49.19 (4) (d) 4. of the statutes is amended to read:

AB43,,2533 49.19 (4) (d) 4. Is the wife spouse of a husband person who has continuously abandoned or failed to support him or her, if proceedings have been commenced against the husband person under ch. 769; or

AB43,1068 Section 1068. 49.19 (4) (d) 5. of the statutes is amended to read:

AB43,,2535 49.19 (4) (d) 5. Has been divorced and is without a husband spouse or legally separated from his or her husband spouse and is unable through use of the provisions of law to compel his or her former husband spouse to adequately support the child for whom aid is sought; or

AB43,1069 Section 1069. 49.226 of the statutes is created to read:

AB43,,2537 49.226 Child support debt reduction. (1) The department shall establish a program to provide a noncustodial child support debt reduction. A noncustodial parent qualifies to receive $1,500 in debt reduction under this section if all of the following apply:

AB43,,2538 (a) The noncustodial parent completes an eligible employment program, as defined by the department in rules promulgated under sub. (3).

AB43,,2539 (b) The custodial parent agrees to reducing child support debt owed up to the amount of the benefit paid.

AB43,,2540 (2) A noncustodial parent may not receive debt reduction under sub. (1) more than once in any 12-month period.

AB43,,2541 (3) The department shall promulgate rules to implement this section, including rules to determine how debt reduction provided under sub. (1) is apportioned among multiple child support orders.

AB43,1070 Section 1070. 49.345 (2) of the statutes is amended to read:

AB43,,2543 49.345 (2) Except as provided in sub. (14) (b) and (c), any person, including a person placed under s. 48.32 (1) (am) or (b), 48.345 (3), 48.357 (1) or (2m), 938.183, 938.34 (3) or (4d), or 938.357 (1), (2m), (4), or (5) (e), receiving care, maintenance, services, and supplies provided by any institution in this state, in which the state is chargeable with all or part of the person’s care, maintenance, services, and supplies, and the person’s property and estate, including the homestead, and the spouse of the person, and the spouse’s property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services, and supplies in accordance with the fee schedule established by the department under s. 49.32 (1). If a spouse, widow surviving spouse, or minor, or an incapacitated person may be lawfully dependent upon the property for his or her support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for the person. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt of the notice is not a condition of liability.

AB43,1071 Section 1071. 49.37 of the statutes, as affected by 2023 Wisconsin Act .... (this act), is repealed.

AB43,1072 Section 1072. 49.37 (2) of the statutes is amended to read:

AB43,,2546 49.37 (2) Upon completion of the demonstration project under sub. (1) and by June 30, 2023 2024, the department of children and families shall conduct an evaluation of the demonstration project.

AB43,1073 Section 1073. 49.43 (12) of the statutes is amended to read:

AB43,,2548 49.43 (12) “Spouse” means the legal husband or wife of person to whom the beneficiary is legally married, whether or not the person is eligible for medical assistance.

AB43,1074 Section 1074. 49.45 (2p) of the statutes is repealed.

AB43,1075 Section 1075. 49.45 (2t) of the statutes is repealed.

****Note: This is reconciled s. 49.45 (23) (g). The elimination from this draft has been affected by drafts with the following LRB numbers: -1103/P1 and -0696/P1.

****Note: This is reconciled s. 49.45 (23b). The elimination from this draft has been affected by drafts with the following LRB numbers: -1103/P1 and -0696/P1.

AB43,1076 Section 1076. 49.45 (3) (e) 11. of the statutes is amended to read:

AB43,,2552 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 44.21 percent.

AB43,1077 Section 1077. 49.45 (3) (e) 12. of the statutes is amended to read:

AB43,,2554 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 44.21 percent.

AB43,1078 Section 1078. 49.45 (3) (em) of the statutes is amended to read:

AB43,,2556 49.45 (3) (em) The department shall expend moneys collected under s. 256.23 (2), less amounts transferred under s. 256.23 (6), to supplement reimbursement for eligible ambulance service providers, as defined in s. 256.23 (1) (a), for services provided under the Medical Assistance program under this subchapter, including services reimbursed on a fee-for-service basis and provided under managed care, by eligible ambulance service providers. Health plans shall be indemnified and held harmless for any errors made by the department or its agents in calculation of any supplemental reimbursement made under this paragraph.

AB43,1079 Section 1079. 49.45 (6xm) of the statutes is created to read:

AB43,,2558 49.45 (6xm) Pediatric inpatient supplement. (a) From the appropriations under s. 20.435 (4) (b), (o), and (w), the department shall, using a method determined by the department, distribute a total sum of $2,000,000 in each state fiscal year to hospitals that meet all of the following criteria:

AB43,,2559 1. The hospital is an acute care hospital located in this state.

AB43,,2560 2. During the hospital’s fiscal year, the inpatient days in the hospital’s acute care pediatric units and intensive care pediatric units totaled more than 12,000 days, not including neonatal intensive care units. For purposes of this subdivision, the hospital’s fiscal year is the hospital’s fiscal year that ended in the 2nd calendar year preceding the beginning of the state fiscal year.

AB43,,2561 (b) Notwithstanding par. (a), from the appropriations under s. 20.435 (4) (b), (o), and (w), the department may, using a method determined by the department, distribute an additional total sum of $10,000,000 in each state fiscal year to hospitals that are free-standing pediatric teaching hospitals located in Wisconsin that have a percentage calculated under s. 49.45 (3m) (b) 1. a. greater than 45 percent.

AB43,1080 Section 1080. 49.45 (7m) of the statutes is created to read:

AB43,,2563 49.45 (7m) Pay-for-performance; health information exchange. The department shall develop and implement for non-hospital providers in the Medical Assistance program, including physicians, clinics, health departments, home health agencies, and post-acute care facilities, a payment system based on performance to incentivize participation in health information data sharing to facilitate better patient care, reduced costs, and easier access to patient information. The department shall establish performance metrics for the payment system under this subsection that satisfy all of the following:

AB43,,2564 (a) The metric shall include participation by providers in a health information exchange at a minimum level of patient record access.

AB43,,2565 (b) The payment under the payment system shall increase as the participation level in the health information exchange increases.

AB43,,2566 (c) The payment system shall begin in the 2024 rate year.

AB43,,2567 (d) For purposes of the payment system, the department shall seek any available federal moneys.

AB43,1081 Section 1081. 49.45 (23) of the statutes is repealed.

****Note: This is reconciled s. 49.45 (23). This Section has been affected by drafts with the following LRB numbers: -0696/P1 and -1103/P1.

AB43,1082 Section 1082. 49.45 (23b) of the statutes is repealed.

****Note: This is reconciled s. 49.45 (23b). This Section has been affected by drafts with the following LRB numbers: -0696/P1 and -1103/P1.

AB43,1083 Section 1083. 49.45 (30) (a) of the statutes is repealed.

AB43,1084 Section 1084. 49.45 (30) (b) of the statutes is renumbered 49.45 (30) and amended to read:

AB43,,2572 49.45 (30) Service provided by community support programs. The department shall reimburse a provider of county that provides services under s. 49.46 (2) (b) 6. L. only for the amount of the allowable charges for those services under the Medical Assistance program that is provided by the federal government and for the amount of the allowable charges for those services under the Medical Assistance program that is not provided by the federal government.

AB43,1085 Section 1085. 49.45 (30e) (a) 2. of the statutes is repealed.

AB43,1086 Section 1086. 49.45 (30e) (b) 3. of the statutes is amended to read:

AB43,,2575 49.45 (30e) (b) 3. Requirements for certification of community-based psychosocial service programs. The department may certify county-based providers and providers that are not county-based providers.

AB43,1087 Section 1087. 49.45 (30e) (c) of the statutes is renumbered 49.45 (30e) (c) 1. and amended to read:

AB43,,2577 49.45 (30e) (c) 1. A For a county that elects to make provide the services under s. 49.46 (2) (b) 6. Lm. available shall reimburse a provider of the services for the amount of the allowable charges for those services under the medical assistance program that is not provided by the federal government. The, the department shall reimburse the provider county only for the amount of the allowable charges for those services under the medical assistance Medical Assistance program that is provided by the federal government.

AB43,1088 Section 1088. 49.45 (30e) (c) 2. of the statutes is created to read:

AB43,,2579 49.45 (30e) (c) 2. The department shall reimburse a provider that is not a county-based provider for services under s. 49.46 (2) (b) 6. Lm. for both the federal and nonfederal share of a fee schedule that is determined by the department.

AB43,1089 Section 1089. 49.45 (30e) (d) of the statutes is amended to read:

AB43,,2581 49.45 (30e) (d) Provision of services on regional basis. Notwithstanding par. (c) 1. and subject to par. (e), in counties that elect to deliver provide the services under s. 49.46 (2) (b) 6. Lm. through the Medical Assistance program on a regional basis according to criteria established by the department, the department shall reimburse a provider of the services for the amount of the allowable charges for those services under the Medical Assistance program that is provided by the federal government and for the amount of the allowable charges that is not provided by the federal government.

AB43,1090 Section 1090. 49.45 (30j) (title) of the statutes is amended to read:

AB43,,2583 49.45 (30j) (title) Reimbursement for peer recovery coach and certified peer specialist services.

AB43,1091 Section 1091. 49.45 (30j) (a) 1. and 2. of the statutes are renumbered 49.45 (30j) (a) 2m. and 3.

AB43,1092 Section 1092. 49.45 (30j) (a) 1m. of the statutes is created to read:

AB43,,2586 49.45 (30j) (a) 1m. “Certified peer specialist” means an individual who has experience in the mental health and substance use services system, who is trained to provide support to others, and who has received peer specialist or parent peer specialist certification under the rules established by the department.

AB43,1093 Section 1093. 49.45 (30j) (bm) of the statutes is created to read:

AB43,,2588 49.45 (30j) (bm) The department shall reimburse under the Medical Assistance program under this subchapter any service provided by a certified peer specialist if the service satisfies all of the following conditions:

AB43,,2589 1. The recipient of the service provided by a certified peer specialist is in treatment for or recovery from a mental illness or a substance use disorder.

AB43,,2590 2. The certified peer specialist provides the service under the supervision of a competent mental health professional.

AB43,,2591 3. The certified peer specialist provides the service in coordination with the Medical Assistance recipient’s individual treatment plan and in accordance with the recipient’s individual treatment goals.

AB43,,2592 4. The certified peer specialist providing the service has completed training requirements, as established by the department by rule, after consulting with members of the recovery community.

AB43,1094 Section 1094. 49.45 (30j) (c) of the statutes is amended to read:

AB43,,2594 49.45 (30j) (c) The department shall certify under Medical Assistance peer recovery coaches and certified peer specialists to provide services in accordance with this subsection.

AB43,1095 Section 1095. 49.45 (30p) of the statutes is created to read:

AB43,,2596 49.45 (30p) Detoxification and stabilization services. (a) In this subsection:

AB43,,2597 1. “Adult residential integrated behavioral health stabilization service” means a residential behavioral health treatment service, delivered under the oversight of a medical director, that provides withdrawal management and intoxication monitoring, as well as integrated behavioral health stabilization services, and includes nursing care on site for medical monitoring available on a 24-hour basis. “Adult residential integrated behavioral health stabilization service” may include the provision of services including screening, assessment, intake, evaluation and diagnosis, medical care, observation and monitoring, physical examination, determination of medical stability, medication management, nursing services, case management, drug testing, counseling, individual therapy, group therapy, family therapy, psychoeducation, peer support services, recovery coaching, recovery support services, and crisis intervention services, to ameliorate acute behavioral health symptoms and stabilize functioning.

AB43,,2598 2. “Community-based withdrawal management” means a medically managed withdrawal management service delivered on an outpatient basis by a physician or other service personnel acting under the supervision of a physician.

AB43,,2599 3. “Detoxification and stabilization services” means adult residential integrated behavioral health stabilization service, residential withdrawal management service, or residential intoxication monitoring service.

AB43,,2600 4. “Residential intoxication monitoring service” means a residential service that provides 24-hour observation to monitor the safe resolution of alcohol or sedative intoxication and to monitor for the development of alcohol withdrawal for intoxicated patients who are not in need of emergency medical or behavioral healthcare. “Residential intoxication monitoring service” may include the provision of services including screening, assessment, intake, evaluation and diagnosis, observation and monitoring, case management, drug testing, counseling, individual therapy, group therapy, family therapy, psychoeducation, peer support services, recovery coaching, and recovery support services.