Amendment SA4-SSA2-SB45

SB45-SSA2-SA4,28,14 49.45 (52) (b) 1. Annually, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 shall submit a certified cost report that meets the requirements of the federal department of health and human services for covered services under s. 49.46 (2) (a) 2. and 4. d. and f. and (b) 6. b., c., f., fm., g., j., k., L., Lm., and m., 9., 12., 12m., 13., 15., and 16., except for services specified under s. 49.46 (2) (b) 6. b. and c. provided to children participating in the early intervention program under s. 51.44.

SB45-SSA2-SA4,77 Section 77. 49.45 (62) of the statutes is created to read:

SB45-SSA2-SA4,28,22 49.45 (62) Prerelease coverage of incarcerated individuals. (a) The department may submit to the secretary of the federal department of health and human services a request for a waiver of federal Medicaid law to conduct a demonstration project to provide incarcerated individuals prerelease health care coverage for certain services under the Medical Assistance program for up to 90 days preceding the incarcerated individual’s release if the individual is otherwise eligible for coverage under the Medical Assistance program.

SB45-SSA2-SA4,29,3 (b) If a waiver submitted by the department under par. (a) is approved by the federal department of health and human services, the department may provide reimbursement under the Medical Assistance program for both the federal and nonfederal share of services, including case management services, provided to incarcerated individuals under the approved waiver.

SB45-SSA2-SA4,78 Section 78. 49.46 (2) (a) 3. of the statutes is amended to read:

SB45-SSA2-SA4,29,5 49.46 (2) (a) 3. Rural health clinic services, as provided in s. 49.45 (3h).

SB45-SSA2-SA4,79 Section 79. 49.46 (2) (b) 1. j. of the statutes is created to read:

SB45-SSA2-SA4,29,7 49.46 (2) (b) 1. j. Nonsurgical treatment of temporomandibular joint disorder.

SB45-SSA2-SA4,80 Section 80. 49.46 (2) (b) 12p. of the statutes is created to read:

SB45-SSA2-SA4,29,10 49.46 (2) (b) 12p. Doula services provided by a certified doula, as specified under s. 49.45 (30t).

SB45-SSA2-SA4,81 Section 81. 49.46 (2) (b) 14c. of the statutes is created to read:

SB45-SSA2-SA4,29,13 49.46 (2) (b) 14c. Subject to par. (bv), services by a psychiatric residential treatment facility.

SB45-SSA2-SA4,82 Section 82. 49.46 (2) (b) 14p. of the statutes is amended to read:

SB45-SSA2-SA4,29,16 49.46 (2) (b) 14p. Subject to s. 49.45 (30j), services provided by a peer recovery coach or a certified peer specialist.

SB45-SSA2-SA4,83 Section 83. 49.46 (2) (b) 14r. of the statutes is created to read:

SB45-SSA2-SA4,29,19 49.46 (2) (b) 14r. Detoxification and stabilization services as specified under s. 49.45 (30p).

SB45-SSA2-SA4,84 Section 84. 49.46 (2) (bv) of the statutes is created to read:

SB45-SSA2-SA4,30,4 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.

SB45-SSA2-SA4,85 Section 85. 49.471 (1) (cr) of the statutes is created to read:

SB45-SSA2-SA4,30,7 49.471 (1) (cr) “Enhanced federal medical assistance percentage” means a federal medical assistance percentage described under 42 USC 1396d (y) or (z).

SB45-SSA2-SA4,86 Section 86. 49.471 (4) (a) 4. b. of the statutes is amended to read:

SB45-SSA2-SA4,30,11 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).

SB45-SSA2-SA4,87 Section 87. 49.471 (4) (a) 8. of the statutes is created to read:

SB45-SSA2-SA4,30,13 49.471 (4) (a) 8. An individual who meets all of the following criteria:

SB45-SSA2-SA4,30,14 a. The individual is an adult under the age of 65.

SB45-SSA2-SA4,30,16 b. The adult has a family income that does not exceed 133 percent of the poverty line, except as provided in sub. (4g).

SB45-SSA2-SA4,30,18 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.

SB45-SSA2-SA4,88 Section 88. 49.471 (4g) of the statutes is created to read:

SB45-SSA2-SA4,31,4 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.

SB45-SSA2-SA4,89 Section 89. 49.686 (3) (d) of the statutes is amended to read:

SB45-SSA2-SA4,31,11 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).

SB45-SSA2-SA4,90 Section 90. 49.79 (7s) of the statutes is created to read:

SB45-SSA2-SA4,31,20 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.

SB45-SSA2-SA4,91 Section 91. 49.79 (7w) (a) 1. of the statutes is amended to read:

SB45-SSA2-SA4,32,4 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.

SB45-SSA2-SA4,92 Section 92. 49.79 (7w) (b) of the statutes is amended to read:

SB45-SSA2-SA4,33,2 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.

SB45-SSA2-SA4,93 Section 93. 49.79 (7w) (c) of the statutes is amended to read:

SB45-SSA2-SA4,33,12 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.

SB45-SSA2-SA4,94 Section 94. 49.79 (7w) (cd) of the statutes is created to read:

SB45-SSA2-SA4,33,16 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.

SB45-SSA2-SA4,95 Section 95. 49.79 (9) (a) 1g. of the statutes is amended to read:

SB45-SSA2-SA4,34,2 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.

SB45-SSA2-SA4,96 Section 96. 49.79 (9) (d) of the statutes is repealed.

SB45-SSA2-SA4,97 Section 97. 49.79 (9) (f) of the statutes is repealed.

SB45-SSA2-SA4,98 Section 98. 49.791 of the statutes is repealed.

SB45-SSA2-SA4,99 Section 99. 51.03 (7) of the statutes is created to read:

SB45-SSA2-SA4,34,9 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.

SB45-SSA2-SA4,100 Section 100. 51.044 of the statutes is created to read:

SB45-SSA2-SA4,34,16 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.

SB45-SSA2-SA4,34,20 (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.

SB45-SSA2-SA4,34,22 (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.

SB45-SSA2-SA4,34,23 (3) Rules. The department may promulgate rules to implement this section.

SB45-SSA2-SA4,101 Section 101. 51.06 (5) of the statutes is amended to read:

SB45-SSA2-SA4,35,10 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).

SB45-SSA2-SA4,102 Section 102. 51.441 of the statutes is repealed.

SB45-SSA2-SA4,103 Section 103. 51.442 of the statutes is repealed.

SB45-SSA2-SA4,104 Section 104. 51.443 of the statutes is created to read:

SB45-SSA2-SA4,35,14 51.443 Mental health consultation program. (1) In this section:

SB45-SSA2-SA4,35,17 (a) “Participating clinicians” includes physicians, nurse practitioners, physician assistants, and medically appropriate members of the care teams of physicians, nurse practitioners, and physician assistants.

SB45-SSA2-SA4,35,19 (b) “Program” means the mental health consultation program under this section.

SB45-SSA2-SA4,36,4 (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.

SB45-SSA2-SA4,36,10 (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.

SB45-SSA2-SA4,36,12 (4) As a condition of providing services through the program, the contracting organization under sub. (2) shall do all of the following:

SB45-SSA2-SA4,36,20 (a) Ensure that all mental health care providers who are providing services through the program have the applicable credential from this state; if a psychiatric professional, that the provider is eligible for certification or is certified by the American Board of Psychiatry and Neurology for adult psychiatry, child and adolescent psychiatry, or both; and if a psychologist, that the provider is registered in a professional organization, including the American Psychological Association, National Register of Health Service Psychologists, Association for Psychological Science, or the National Alliance of Professional Psychology Providers.

SB45-SSA2-SA4,36,22 (b) Maintain the infrastructure necessary to provide the program’s services statewide.

SB45-SSA2-SA4,37,2 (c) Operate the program on weekdays during normal business hours of 8 a.m. to 5 p.m.

SB45-SSA2-SA4,37,4 (d) Provide consultation services under the program as promptly as is practicable.

SB45-SSA2-SA4,37,8 (e) Have the capability to provide consultation services by, at a minimum, telephone and email. Consultation through the program may be provided by teleconference, video conference, voice over Internet protocol, email, pager, in- person conference, or any other telecommunication or electronic means.

SB45-SSA2-SA4,37,9 (f) Provide all of the following services through the program:

SB45-SSA2-SA4,37,11 1. Support for participating clinicians to assist in the management of mental health concerns.

SB45-SSA2-SA4,37,14 2. Triage-level assessments to determine the most appropriate response to each request, including appropriate referrals to any community providers and health systems.

SB45-SSA2-SA4,37,15 3. When medically appropriate, diagnostics and therapeutic feedback.

SB45-SSA2-SA4,37,17 4. Recruitment of other clinicians into the program as participating clinicians when possible.

SB45-SSA2-SA4,37,18 (g) Report to the department any information requested by the department.

SB45-SSA2-SA4,38,5 (h) Conduct annual surveys of participating clinicians who use the program to assess the quality of care provided, self-perceived levels of confidence in providing mental health services, and satisfaction with the consultations and other services provided through the program. Immediately after participating clinicians begin using the program and again 6 to 12 months later, the contracting organization under sub. (2) may conduct assessments of participating clinicians to assess the barriers to and benefits of participation in the program to make future improvements and to determine the participating clinicians’ treatment abilities, confidence, and awareness of relevant resources before and after beginning to use the program.

SB45-SSA2-SA4,38,9 (5) Services provided under sub. (4) (b) to (h) are eligible for funding from the department. The contracting organization under sub. (2) also may provide any of the following services under the program that are eligible for funding from the department:

SB45-SSA2-SA4,38,12 (a) Second opinion diagnostic and medication management evaluations and community resource referrals conducted by either a psychiatrist or allied health professionals.

SB45-SSA2-SA4,38,15 (b) In-person or web-based educational seminars and refresher courses on a medically appropriate topic within mental or behavioral health care provided to any participating clinician who uses the program.

SB45-SSA2-SA4,38,16 (c) Data evaluation and assessment of the program.

SB45-SSA2-SA4,105 Section 105. 69.186 (1) (hf) of the statutes is amended to read:

SB45-SSA2-SA4,38,23 69.186 (1) (hf) The probable postfertilization age of the unborn child, as defined in s. 253.107 (1) (c), and whether an ultrasound was used to assist in making the determination of postfertilization age of the unborn child, gestational age of the pregnancy or, if the probable postfertilization age of the unborn child gestational age of the pregnancy was not determined, the nature of the medical emergency, as defined in s. 253.10 (2) (d) 253.107 (1) (b).

SB45-SSA2-SA4,106 Section 106. 69.186 (1) (k) of the statutes is amended to read:

SB45-SSA2-SA4,39,3 69.186 (1) (k) If the unborn child is considered to be capable of experiencing pain under s. 253.107 (3) (a), the nature of the medical emergency, as defined in s. 253.10 (2) (d) 253.107 (1) (b), that the pregnant woman had.

SB45-SSA2-SA4,107 Section 107. 71.03 (9) of the statutes is created to read:

SB45-SSA2-SA4,39,7 71.03 (9) Medical Assistance coverage. (a) The department shall include the following questions and explanatory information on each individual income tax return under this section and a method for the taxpayer to respond to each question:

SB45-SSA2-SA4,39,13 1. “Are you, your spouse, your dependent children, or any eligible adult child dependent not covered under a health insurance policy, health plan, or other health care coverage? ‘Eligible adult child dependent’ means a child who is under the age of 26 who is a full-time student or a child who is under the age of 27 who is called to active duty in the national guard or armed forces reserve while enrolled as a full- time student.”

SB45-SSA2-SA4,39,16 2. “If you responded ‘yes’ to question 1, do you want to have evaluated your eligibility for Medical Assistance under subch. IV of ch. 49 of the Wisconsin Statutes or your eligibility for subsidized health insurance coverage?”

SB45-SSA2-SA4,40,2 (b) For each person who responded “yes” to the question under par. (a) 2., the department shall provide that person’s contact information and other relevant information from that person’s individual income tax return to the department of health services to perform an evaluation of that person’s eligibility under the Medical Assistance program under subch. IV of ch. 49 or an evaluation of that person’s eligibility for subsidized health insurance coverage through an exchange, as defined under 45 CFR 155.20. The information provided to the department of health services may not be used to determine that the individual is ineligible to enroll in the Medical Assistance program under subch. IV of ch. 49.