SB716: Bill Text

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB716,1 Section 1 . 20.435 (4) (jw) of the statutes, as affected by 2023 Wisconsin Act 30, is amended to read:

SB716,3,5 20.435 (4) (jw) BadgerCare Plus and hospital assessment. All moneys received from payment of enrollment fees under the program under s. 49.45 (23), all moneys transferred under s. 50.38 (9), all moneys transferred under s. 256.23 (6), all moneys transferred from the appropriation account under par. (jz), and 10 percent of all moneys received from penalty assessments under s. 49.471 (9) (c), for administration of the program under s. 49.45 (23), to provide a portion of the state share of administrative costs for the BadgerCare Plus Medical Assistance program under s. 49.471, for administration of the hospital assessment under s. 50.38, and for administration of the ambulance service provider fee under s. 256.23.

SB716,2 Section 2 . 49.45 (2p) of the statutes is repealed.

SB716,3 Section 3 . 49.45 (23) of the statutes is repealed.

SB716,4 Section 4 . 49.45 (23b) of the statutes is repealed.

SB716,5 Section 5 . 49.471 (1) (cr) of the statutes is created to read:

SB716,3,11 49.471 (1) (cr) “Enhanced federal medical assistance percentage" means a federal medical assistance percentage described under 42 USC 1396d (y) or (z).

SB716,6 Section 6 . 49.471 (4) (a) 4. b. of the statutes is amended to read:

SB716,3,15 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).

SB716,7 Section 7 . 49.471 (4) (a) 8. of the statutes is created to read:

SB716,3,17 49.471 (4) (a) 8. An individual who meets all of the following criteria:

SB716,3,18 a. The individual is an adult under the age of 65.

SB716,3,20 b. The adult has a family income that does not exceed 133 percent of the poverty line, except as provided in sub. (4g).

SB716,3,22 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.

SB716,8 Section 8 . 49.471 (4g) of the statutes is created to read:

SB716,4,8 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.

SB716,9 Section 9 . 49.686 (3) (d) of the statutes is amended to read:

SB716,4,15 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).

SB716,10 Section 10 . 2017 Wisconsin Act 370, section 44 (2) and (3) are repealed.

SB716,11 Section 11 . Nonstatutory provisions.

SB716,5,2 (1) Childless adults demonstration project. The department of health services shall submit any necessary request to the federal department of health and human services for a state plan amendment or waiver of federal Medicaid law or to modify or withdraw from any waiver of federal Medicaid law relating to the childless adults demonstration project under s. 49.45 (23), 2021 stats., to reflect the incorporation of recipients of Medical Assistance under the demonstration project into the BadgerCare Plus program under s. 49.471 and the termination of the demonstration project. Sections 20.940 and 49.45 (2t) do not apply to a request under this subsection.

SB716,12 Section 12 . Fiscal changes.

SB716,5,10 (1) Medicaid expansion. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (4) (b), the dollar amount for fiscal year 2023-24 is decreased by $250,000,000 as a result of expanding eligibility for the Medical Assistance program. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (4) (b), the dollar amount for fiscal year 2024-25 is decreased by $230,000,000 as a result of expanding eligibility for the Medical Assistance program.

SB716,5,14 (2) Federal medical assistance percentage incentive lapse. Notwithstanding s. 20.001 (3) (b), on July 1, 2025, there is lapsed to the general fund $1,020,000,000 from the appropriation account of the department of health services under s. 20.435 (4) (b).

SB716,5,18 (3) Income maintenance. In the schedule under s. 20.005 (3) for the appropriation to the department of health services under s. 20.435 (4) (bn), the dollar amount for fiscal year 2023-24 is increased by $340,500 and the dollar amount for fiscal year 2024-25 is increased by $342,200.

SB716,13 Section 13. Effective dates. This act takes effect on the day after publication, except as follows:

SB716,5,24 (1) Medicaid expansion. The treatment of ss. 20.435 (4) (jw), 49.45 (23) and (23b), 49.471 (1) (cr), (4) (a) 4. b. and 8., and (4g), and 49.686 (3) (d) and 2017 Wisconsin Act 370, section 44 (2) and (3) and Section 11 (1) of this act take effect retroactively to October 1, 2023.

SB716,5,25 (End)