AB50: Bill Text

AB50,548,12 49.46 (2) (b) 14c. Subject to par. (bv), services by a psychiatric residential treatment facility.

AB50,1032 Section 1032. 49.46 (2) (b) 14p. of the statutes is amended to read:

AB50,548,15 49.46 (2) (b) 14p. Subject to s. 49.45 (30j), services provided by a peer recovery coach or a certified peer specialist.

AB50,1033 Section 1033. 49.46 (2) (b) 14r. of the statutes is created to read:

AB50,548,18 49.46 (2) (b) 14r. Detoxification and stabilization services as specified under s. 49.45 (30p).

AB50,1034 Section 1034. 49.46 (2) (bv) of the statutes is created to read:

AB50,549,4 49.46 (2) (bv) 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 services by a psychiatric residential treatment facility. If the federal department of health and human services approves the request or if no federal approval is necessary, the department shall provide reimbursement under par. (b) 14c. If the federal department of health and human services disapproves the request, the department may not provide reimbursement for services under par. (b) 14c.

AB50,1035 Section 1035. 49.47 (4) (ag) 2. of the statutes is amended to read:

AB50,549,9 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 90th 365th day after the last day of the pregnancy falls.

AB50,1036 Section 1036. 49.471 (1) (b) 2. of the statutes is amended to read:

AB50,549,12 49.471 (1) (b) 2. A stepfather, stepmother stepparent, stepbrother, or stepsister.

AB50,1037 Section 1037. 49.471 (1) (cr) of the statutes is created to read:

AB50,549,15 49.471 (1) (cr) “Enhanced federal medical assistance percentage” means a federal medical assistance percentage described under 42 USC 1396d (y) or (z).

AB50,1038 Section 1038. 49.471 (4) (a) 4. b. of the statutes is amended to read:

AB50,549,19 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).

AB50,1039 Section 1039. 49.471 (4) (a) 8. of the statutes is created to read:

AB50,549,21 49.471 (4) (a) 8. An individual who meets all of the following criteria:

AB50,549,22 a. The individual is an adult under the age of 65.

AB50,550,2 b. The adult has a family income that does not exceed 133 percent of the poverty line, except as provided in sub. (4g).

AB50,550,4 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.

AB50,1040 Section 1040. 49.471 (4g) of the statutes is created to read:

AB50,550,13 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.

AB50,1041 Section 1041. 49.471 (6) (b) of the statutes is amended to read:

AB50,550,19 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 90th 365th day after the last day of the pregnancy falls without regard to any change in the woman’s family income.

AB50,1042 Section 1042. 49.471 (7) (b) 1. of the statutes is amended to read:

AB50,551,9 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 90th 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.

AB50,1043 Section 1043. 49.485 of the statutes is renumbered 20.9315 (19) and amended to read:

AB50,551,18 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.

AB50,1044 Section 1044. 49.686 (3) (d) of the statutes is amended to read:

AB50,552,2 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).

AB50,1045 Section 1045. 49.79 (1) (b) of the statutes is amended to read:

AB50,552,7 49.79 (1) (b) “Controlled substance” has the meaning given in 21 USC 802 (6), except that “controlled substance” does not include tetrahydrocannabinols in any form, including tetrahydrocannabinols contained in marijuana, obtained from marijuana, or chemically synthesized.

AB50,1046 Section 1046. 49.79 (7s) of the statutes is created to read:

AB50,552,16 49.79 (7s) Payment processing program. The department shall administer a payment processing program to provide to farmers’ markets and farmers who sell directly to consumers electronic benefit transfer and credit and debit card processing equipment and services, including electronic benefit transfer for the food stamp program. To participate in the payment processing program, the vendor that is under contract to process the electronic benefit transfer and credit and debit card transactions shall also process any local purchasing incentives, even if those local purchasing incentives are funded by a local 3rd-party entity.

AB50,1047 Section 1047. 49.79 (7w) (a) 1. of the statutes is amended to read:

AB50,552,23 49.79 (7w) (a) 1. “Eligible retailer” includes any supermarket, grocery store, wholesaler, small-scale store, corner store, convenience store, neighborhood store, bodega, farmers’ market, direct-marketing farmer, nonprofit cooperative food- purchasing venture, or community-supported agriculture program means a retailer authorized to participate in the food stamp program federal supplemental nutrition assistance program.

AB50,1048 Section 1048. 49.79 (7w) (b) of the statutes is amended to read:

AB50,553,20 49.79 (7w) (b) The department shall, through a competitive selection process, contract with one or more nonprofit 3rd-party organizations to administer a healthy food incentive program statewide. The healthy food incentive program shall provide to any food stamp program recipient assistance group that uses benefits at an eligible retailer participating in the healthy food incentive program under this subsection a monetary amount up to the amount of food stamp program benefits used at the eligible retailer for the purpose of purchasing fruits and vegetables from the eligible retailer. In administering the program, a nonprofit 3rd- party organization shall prioritize including in the healthy food incentive program eligible retailers that source fruits and vegetables primarily from growers in this state and shall establish a timeline for expiration of matching monetary amounts provided for the purchase of fruits and vegetables under the healthy food incentive program such that a matching monetary amount expires no later than one year after it is provided. The department may establish a maximum amount of benefits that may be matched per day for a food stamp program recipient assistance group. Any nonprofit 3rd-party organization administering the healthy food incentive program shall ensure that matching amounts provided under the program that are unused and expire remain with the nonprofit 3rd-party organization and, upon expiration, are available for use to provide matching amounts to other food stamp recipients assistance groups under the program.

AB50,1049 Section 1049. 49.79 (7w) (c) of the statutes is amended to read:

AB50,554,6 49.79 (7w) (c) The department may allocate no more than 25 percent of the funding available for the healthy food incentive program under this subsection to program development, promotion of and outreach for the program, training, data collection, evaluation, administration, and reporting and shall allocate the remainder of the funding available to the eligible retailers participating in the healthy food incentive program under this subsection. The department shall seek, or require any 3rd-party organization chosen under par. (b) to seek, any available federal matching moneys from the Gus Schumacher Nutrition Incentive Program to fund the healthy food incentive program under this subsection.

AB50,1050 Section 1050. 49.79 (7w) (cd) of the statutes is created to read:

AB50,554,10 49.79 (7w) (cd) A 3rd-party organization chosen under par. (b) may retain for administrative purposes an amount not to exceed 33 percent of the total contracted amount or the applicable cap found in federal law or guidance, whichever is lower.

AB50,1051 Section 1051. 49.79 (9) (a) 1g. of the statutes is amended to read:

AB50,554,20 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.

AB50,1052 Section 1052. 49.79 (9) (d) of the statutes is repealed.

AB50,1053 Section 1053. 49.79 (9) (f) of the statutes is repealed.

AB50,1054 Section 1054. 49.791 of the statutes is repealed.

AB50,1055 Section 1055. 49.90 (4) of the statutes is amended to read:

AB50,556,4 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.

AB50,1056 Section 1056. 50.01 (1b) of the statutes is repealed.

AB50,1057 Section 1057. 50.08 (2) of the statutes is amended to read:

AB50,556,11 50.08 (2) A physician, an advanced practice registered nurse prescriber certified who may issue prescription orders under s. 441.16 441.09 (2), or a physician assistant who prescribes a psychotropic medication to a nursing home resident who has degenerative brain disorder shall notify the nursing home if the prescribed medication has a boxed warning under 21 CFR 201.57.

AB50,1058 Section 1058. 50.09 (1) (a) (intro.) of the statutes is amended to read:

AB50,556,20 50.09 (1) (a) (intro.) Private and unrestricted communications with the resident’s family, physician, physician assistant, advanced practice registered nurse prescriber, attorney, and any other person, unless medically contraindicated as documented by the resident’s physician, physician assistant, or advanced practice registered nurse prescriber in the resident’s medical record, except that communications with public officials or with the resident’s attorney shall not be restricted in any event. The right to private and unrestricted communications shall include, but is not limited to, the right to:

AB50,1059 Section 1059. 50.09 (1) (f) 1. of the statutes is amended to read:

AB50,557,4 50.09 (1) (f) 1. Privacy for visits by spouse or domestic partner. If both spouses or both domestic partners under ch. 770 are residents of the same facility, the spouses or domestic partners shall be permitted to share a room unless medically contraindicated as documented by the resident’s physician, physician assistant, or advanced practice registered nurse prescriber in the resident’s medical record.

AB50,1060 Section 1060. 50.09 (1) (h) of the statutes is amended to read:

AB50,557,9 50.09 (1) (h) Meet with, and participate in activities of social, religious, and community groups at the resident’s discretion, unless medically contraindicated as documented by the resident’s physician, physician assistant, or advanced practice registered nurse prescriber in the resident’s medical record.

AB50,1061 Section 1061. 50.09 (1) (k) of the statutes is amended to read:

AB50,557,22 50.09 (1) (k) Be free from mental and physical abuse, and be free from chemical and physical restraints except as authorized in writing by a physician, physician assistant, or advanced practice registered nurse prescriber for a specified and limited period of time and documented in the resident’s medical record. Physical restraints may be used in an emergency when necessary to protect the resident from injury to himself or herself or others or to property. However, authorization for continuing use of the physical restraints shall be secured from a physician, physician assistant, or advanced practice registered nurse prescriber within 12 hours. Any use of physical restraints shall be noted in the resident’s medical records. “Physical restraints” includes, but is not limited to, any article, device, or garment that interferes with the free movement of the resident and that the resident is unable to remove easily, and confinement in a locked room.

AB50,1062 Section 1062. 50.36 (3s) of the statutes is created to read:

AB50,558,6 50.36 (3s) The department shall require a hospital that provides emergency services to have sufficient qualified personnel at all times to manage the number and severity of emergency department cases anticipated by the location. At all times, a hospital that provides emergency services shall have on-site at least one physician who, through education, training, and experience, specializes in emergency medicine.

AB50,1063 Section 1063. 50.38 (1) (d) and (e) of the statutes are created to read:

AB50,558,8 50.38 (1) (d) A rehabilitation hospital, as designated by the department.

AB50,558,9 (e) A long-term acute care hospital, as designated by the department.

AB50,1064 Section 1064. 50.38 (3) of the statutes is amended to read:

AB50,558,13 50.38 (3) The department shall establish the percentage that is applicable under sub. (2) (a) and (b) so that the total amount of assessments collected under sub. (2) (a) in a state fiscal year is equal to $414,507,300 $1,341,839,500.

AB50,1065 Section 1065. 50.49 (1) (b) (intro.) of the statutes is amended to read:

AB50,558,23 50.49 (1) (b) (intro.) “Home health services” means the following items and services that are furnished to an individual, who is under the care of a physician, physician assistant, or advanced practice registered nurse prescriber, by a home health agency, or by others under arrangements made by the home health agency, that are under a plan for furnishing those items and services to the individual that is established and periodically reviewed by a physician, physician assistant, or advanced practice registered nurse prescriber and that are, except as provided in subd. 6., provided on a visiting basis in a place of residence used as the individual’s home:

AB50,1066 Section 1066. 51.03 (7) of the statutes is created to read:

AB50,559,3 51.03 (7) The department shall award grants to fund services at facilities that provide crisis stabilization services, as defined in s. 51.043 (1) (b), based on criteria established by the department.

AB50,1067 Section 1067. 51.044 of the statutes is created to read:

AB50,559,10 51.044 Psychiatric residential treatment facilities. (1) Definition. In this section, “psychiatric residential treatment facility” is a nonhospital facility that provides inpatient comprehensive mental health treatment services to individuals under the age of 21 who, due to mental illness, substance use, or severe emotional disturbance, need treatment that can most effectively be provided in a residential treatment facility.

AB50,559,14 (2) Certification required; exemption. (a) No person may operate a psychiatric residential treatment facility without a certification from the department. The department may limit the number of certifications it grants to operate a psychiatric residential treatment facility.

AB50,559,16 (b) A psychiatric residential treatment facility that has a certification from the department under this section is not subject to facility regulation under ch. 48.

AB50,559,17 (3) Rules. The department may promulgate rules to implement this section.

AB50,1068 Section 1068. 51.06 (5) of the statutes is amended to read:

AB50,560,3 51.06 (5) Surcharge for extended intensive treatment. The department may impose on a county a progressive surcharge for services under sub. (1m) (d) that an individual receives after the maximum discharge date for the individual that was agreed upon under sub. (3) (b) 2. The surcharge is 10 percent of the amount paid for the individual’s services under s. 49.45 during any part of the first 6-month period following the maximum discharge date, and increases by 10 percent of the amount paid for the individual’s services under s. 49.45 during any part of each 6-month period thereafter. Any revenues received under this subsection shall be credited to the appropriation account under s. 20.435 (2) (gL) (g).

AB50,1069 Section 1069. 51.41 (1d) (b) 4. of the statutes is amended to read:

AB50,560,14 51.41 (1d) (b) 4. A psychiatric mental health advanced practice registered nurse who is suggested by the Milwaukee County board of supervisors. The Milwaukee County board of supervisors shall solicit suggestions from organizations including the Wisconsin Nurses Association for individuals who specialize in a full continuum of behavioral health and medical services including emergency detention, inpatient, residential, transitional, partial hospitalization, intensive outpatient, and wraparound community-based services. The Milwaukee County board of supervisors shall suggest to the Milwaukee County executive 4 psychiatric mental health advanced practice registered nurses for this board membership position.

AB50,1070 Section 1070. 51.441 of the statutes is repealed.

AB50,1071 Section 1071. 51.442 of the statutes is repealed.

AB50,1072 Section 1072. 51.443 of the statutes is created to read:

AB50,560,18 51.443 Mental health consultation program. (1) In this section:

AB50,560,21 (a) “Participating clinicians” includes physicians, nurse practitioners, physician assistants, and medically appropriate members of the care teams of physicians, nurse practitioners, and physician assistants.

AB50,560,23 (b) “Program” means the mental health consultation program under this section.

AB50,561,9 (2) During fiscal year 2025-26, the department shall contract with the organization that provided consultation services through the child psychiatry consultation program under s. 51.442, 2023 stats., as of January 1, 2025, to administer the mental health consultation program described under this section. Beginning in fiscal year 2026-27, the department shall contract with the organization that provided consultation services through the child psychiatry consultation program under s. 51.442, 2023 stats., as of January 1, 2025, or another organization to administer the mental health consultation program under this section.

AB50,561,15 (3) The contracting organization under sub. (2) shall administer a mental health consultation program that incorporates a comprehensive set of mental health consultation services, which may include perinatal, child, adult, geriatric, pain, veteran, and general mental health consultation services, and may contract with any other entity to perform any operations and satisfy any requirements under this section for the program.

AB50,561,17 (4) As a condition of providing services through the program, the contracting organization under sub. (2) shall do all of the following: