This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB56,699 12Section 699 . 49.471 (1) (cr) of the statutes is created to read:
AB56,546,1413 49.471 (1) (cr) “Enhanced federal medical assistance percentage" means a
14federal medical assistance percentage described under 42 USC 1396d (y) or (z).
AB56,700 15Section 700 . 49.471 (4) (a) 4. b. of the statutes is amended to read:
AB56,546,1816 49.471 (4) (a) 4. b. The individual's family income does not exceed 100 133
17percent of the poverty line before application of the 5 percent income disregard under
1842 CFR 435.603 (d)
.
AB56,701 19Section 701 . 49.471 (4) (a) 8. of the statutes is created to read:
AB56,546,2020 49.471 (4) (a) 8. An individual who meets all of the following criteria:
AB56,546,2121 a. The individual is an adult under the age of 65.
AB56,546,2322 b. The adult has a family income that does not exceed 133 percent of the poverty
23line, except as provided in sub. (4g).
AB56,546,2524 c. The adult is not otherwise eligible for the Medical Assistance program under
25this subchapter or the Medicare program under 42 USC 1395 et seq.
AB56,702
1Section 702. 49.471 (4g) of the statutes is created to read:
AB56,547,92 49.471 (4g) Medicaid expansion; federal medical assistance percentage. For
3services provided to individuals described under sub. (4) (a) 8., the department shall
4comply with all federal requirements to qualify for the highest available enhanced
5federal medical assistance percentage. The department shall submit any
6amendment to the state medical assistance plan, request for a waiver of federal
7Medicaid law, or other approval request required by the federal government to
8provide services to the individuals described under sub. (4) (a) 8. and qualify for the
9highest available enhanced federal medical assistance percentage.
AB56,703 10Section 703. 49.471 (6) (b) of the statutes is amended to read:
AB56,547,1511 49.471 (6) (b) A pregnant woman who is determined to be eligible for benefits
12under sub. (4) remains eligible for benefits under sub. (4) for the balance of the
13pregnancy and to the last day of the month in which the 60th day or, if approved by
14the federal government, the 365th day
after the last day of the pregnancy falls
15without regard to any change in the woman's family income.
AB56,704 16Section 704. 49.471 (6) (L) of the statutes is created to read:
AB56,547,2217 49.471 (6) (L) The department shall request from the federal department of
18health and human services approval of a state plan amendment, a waiver of federal
19Medicaid law, or approval of a demonstration project to maintain eligibility for
20post-partum women to the last day of the month in which the 365th day after the
21last day of the pregnancy falls under ss. 49.46 (1) (a) 1m. and 9. and (j), 49.47 (4) (ag)
222., and 49.471 (4) (a) 1g. and 1m., (6) (b), and (7) (b) 1.
AB56,705 23Section 705. 49.471 (7) (b) 1. of the statutes is amended to read:
AB56,548,924 49.471 (7) (b) 1. A pregnant woman whose family income exceeds 300 percent
25of the poverty line may become eligible for coverage under this section if the

1difference between the pregnant woman's family income and the applicable income
2limit under sub. (4) (a) is obligated or expended for any member of the pregnant
3woman's family for medical care or any other type of remedial care recognized under
4state law or for personal health insurance premiums or for both. Eligibility obtained
5under this subdivision continues without regard to any change in family income for
6the balance of the pregnancy and to the last day of the month in which the 60th day
7or, if approved by the federal government, the 365th day after the last day of the
8woman's pregnancy falls. Eligibility obtained by a pregnant woman under this
9subdivision extends to all pregnant women in the pregnant woman's family.
AB56,706 10Section 706. 49.472 (3) (b) of the statutes is amended to read:
AB56,548,1811 49.472 (3) (b) The individual's assets do not exceed $15,000. In determining
12assets, the department may not include assets that are excluded from the resource
13calculation under 42 USC 1382b (a), assets accumulated in an independence
14account, and, to the extent approved by the federal government, assets from
15retirement benefits accumulated from income or employer contributions while
16employed and receiving medical assistance under this section or state-funded
17benefits under s. 46.27, 2017 stats. The department may exclude, in whole or in part,
18the value of a vehicle used by the individual for transportation to paid employment.
AB56,707 19Section 707. 49.472 (3) (f) of the statutes is amended to read:
AB56,548,2320 49.472 (3) (f) The individual maintains premium payments under sub. (4) (am)
21and, if applicable and to the extent approved by the federal government, premium
22payments calculated by the department in accordance with sub. (4) (bm), unless the
23individual is exempted from premium payments under sub. (4) (dm) or (5).
AB56,708 24Section 708. 49.472 (4) (am) of the statutes is amended to read:
AB56,549,3
149.472 (4) (am) To the extent approved by the federal government and except
2as provided in pars. (dm) and (em) and sub. (5), an individual who receives medical
3assistance under this section shall pay a monthly premium of $25 to the department.
AB56,709 4Section 709. 49.472 (5) of the statutes is repealed.
AB56,710 5Section 710 . 49.485 of the statutes is renumbered 20.9315 (19) and amended
6to read:
AB56,549,127 20.9315 (19) Whoever knowingly presents or causes to be presented to any
8officer, employee, or agent of this state a false claim for medical assistance shall
9forfeit not less than $5,000 nor more than $10,000, plus 3 times the amount of the
10damages that were sustained by the state or would have been sustained by the state,
11whichever is greater, as a result of the false claim.
The attorney general may bring
12an action on behalf of the state to recover any forfeiture incurred under this section.
AB56,711 13Section 711 . 49.686 (3) (d) of the statutes is amended to read:
AB56,549,1914 49.686 (3) (d) Has applied for coverage under and has been denied eligibility
15for medical assistance within 12 months prior to application for reimbursement
16under sub. (2). This paragraph does not apply to an individual who is eligible for
17benefits under the demonstration project for childless adults under s. 49.45 (23)
18BadgerCare Plus under s. 49.471 (4) (a) 8. or to an individual who is eligible for
19benefits under BadgerCare Plus under s. 49.471 (11).
AB56,712 20Section 712. 49.79 (1) (bg) of the statutes is repealed.
AB56,713 21Section 713. 49.79 (1) (em) of the statutes is repealed.
AB56,714 22Section 714. 49.79 (6m) of the statutes is repealed.
AB56,715 23Section 715. 49.79 (6q) of the statutes is repealed.
AB56,716 24Section 716. 49.79 (6t) of the statutes is repealed.
AB56,717 25Section 717. 49.79 (6u) of the statutes is repealed.
AB56,718
1Section 718. 49.79 (9) (a) 1g. of the statutes is amended to read:
AB56,550,102 49.79 (9) (a) 1g. Except as provided in subds. 2. and 3., beginning October 1,
32019,
the department shall require, to the extent allowed by the federal government,
4all
able-bodied adults without dependents in this state to participate in the
5employment and training program under this subsection, except for able-bodied
6adults without dependents who are employed, as determined by the department.
7The department may require other able individuals who are 18 to 60 years of age, or
8a subset of those individuals to the extent allowed by the federal government, who
9are not participants in a Wisconsin Works employment position to participate in the
10employment and training program under this subsection.
AB56,719 11Section 719. 49.79 (9) (d) of the statutes is repealed.
AB56,720 12Section 720. 49.79 (9) (f) of the statutes is repealed.
AB56,721 13Section 721. 49.791 of the statutes is repealed.
AB56,722 14Section 722. 49.849 (1) (e) of the statutes is amended to read:
AB56,550,1815 49.849 (1) (e) “Public assistance" means any services provided as a benefit
16under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance
17under subch. IV, long-term community support services funded under s. 46.27 (7),
18or aid under s. 49.68, 49.683, 49.685, or 49.785.
AB56,723 19Section 723. 49.849 (2) (a) (intro.) of the statutes is amended to read:
AB56,551,220 49.849 (2) (a) (intro.) Subject to par. (b), the department may collect from the
21property of a decedent by affidavit under sub. (3) (b) or by lien under sub. (4) (a) an
22amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), the
23long-term community support services under s. 46.27, 2017 stats., that is
24recoverable under s. 46.27 (7g) (c) 1., 2017 stats., or the aid under s. 49.68, 49.683,
2549.685, or 49.785 that is recoverable under s. 49.682 (2) (a) or (am), and that was paid

1on behalf of the decedent or the decedent's spouse, if all of the following conditions
2are satisfied:
AB56,724 3Section 724. 49.849 (6) (a) of the statutes is renumbered 49.849 (6).
AB56,725 4Section 725. 49.849 (6) (b) of the statutes is repealed.
AB56,726 5Section 726 . 49.855 (3) of the statutes is amended to read:
AB56,552,46 49.855 (3) Receipt of a certification by the department of revenue shall
7constitute a lien, equal to the amount certified, on any state tax refunds or credits
8owed to the obligor. The lien shall be foreclosed by the department of revenue as a
9setoff under s. 71.93 (3), (6), and (7). When the department of revenue determines
10that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
11obligor that the state intends to reduce any state tax refund or credit due the obligor
12by the amount the obligor is delinquent under the support, maintenance, or receiving
13and disbursing fee order or obligation, by the outstanding amount for past support,
14or medical expenses, or birth expenses under the court order, or by the amount due
15under s. 46.10 (4), 49.345 (4), or 301.12 (4). The notice shall provide that within 20
16days the obligor may request a hearing before the circuit court rendering the order
17under which the obligation arose. Within 10 days after receiving a request for
18hearing under this subsection, the court shall set the matter for hearing. Pending
19further order by the court or a circuit court commissioner, the department of children
20and families or its designee, whichever is appropriate, is prohibited from disbursing
21the obligor's state tax refund or credit. A circuit court commissioner may conduct the
22hearing. The sole issues at that hearing shall be whether the obligor owes the
23amount certified and, if not and it is a support or maintenance order, whether the
24money withheld from a tax refund or credit shall be paid to the obligor or held for
25future support or maintenance, except that the obligor's ability to pay shall also be

1an issue at the hearing if the obligation relates to an order under s. 767.805 (4) (d)
21. or 767.89 (3) (e) 1.
regarding birth expenses and the order specifies that the court
3found that the obligor's income was at or below the poverty line established under
442 USC 9902 (2).
AB56,727 5Section 727 . 49.855 (4m) (b) of the statutes is amended to read:
AB56,553,96 49.855 (4m) (b) The department of revenue may provide a certification that it
7receives under sub. (1), (2m), (2p), or (2r) to the department of administration. Upon
8receipt of the certification, the department of administration shall determine
9whether the obligor is a vendor or is receiving any other payments from this state,
10except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s.
1145.40 (1m), this chapter, or ch. 46, 108, or 301. If the department of administration
12determines that the obligor is a vendor or is receiving payments from this state,
13except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s.
1445.40 (1m), this chapter, or ch. 46, 108, or 301, it shall begin to withhold the amount
15certified from those payments and shall notify the obligor that the state intends to
16reduce any payments due the obligor by the amount the obligor is delinquent under
17the support, maintenance, or receiving and disbursing fee order or obligation, by the
18outstanding amount for past support, or medical expenses, or birth expenses under
19the court order, or by the amount due under s. 46.10 (4), 49.345 (4), or 301.12 (4). The
20notice shall provide that within 20 days after receipt of the notice the obligor may
21request a hearing before the circuit court rendering the order under which the
22obligation arose. An obligor may, within 20 days after receiving notice, request a
23hearing under this paragraph. Within 10 days after receiving a request for hearing
24under this paragraph, the court shall set the matter for hearing. A circuit court
25commissioner may conduct the hearing. Pending further order by the court or circuit

1court commissioner, the department of children and families or its designee,
2whichever is appropriate, may not disburse the payments withheld from the obligor.
3The sole issues at the hearing are whether the obligor owes the amount certified and,
4if not and it is a support or maintenance order, whether the money withheld shall be
5paid to the obligor or held for future support or maintenance, except that the obligor's
6ability to pay is also an issue at the hearing if the obligation relates to an order under
7s. 767.805 (4) (d) 1. or 767.89 (3) (e) 1.
regarding birth expenses and the order specifies
8that the court found that the obligor's income was at or below the poverty line
9established under 42 USC 9902 (2).
AB56,728 10Section 728 . 50.03 (3) (b) (intro.) of the statutes is amended to read:
AB56,553,1511 50.03 (3) (b) (intro.) The application for a license and, except as otherwise
12provided in this subchapter,
the report of a licensee shall be in writing upon forms
13provided by the department and shall contain such information as the department
14requires, including the name, address and type and extent of interest of each of the
15following persons:
AB56,729 16Section 729. 50.03 (4) (c) 1. of the statutes is amended to read:
AB56,554,217 50.03 (4) (c) 1. A community-based residential facility license is valid until it
18is revoked or suspended under this section. Every 24 months, on a schedule
19determined by the department, a community-based residential facility licensee
20shall submit through an online system prescribed by the department a biennial
21report in the form and containing the information that the department requires,
22including payment of the fees required any fee due under s. 50.037 (2) (a). If a
23complete biennial report is not timely filed, the department shall issue a warning to
24the licensee. The department may revoke a community-based residential facility

1license for failure to timely and completely report within 60 days after the report date
2established under the schedule determined by the department.
AB56,730 3Section 730. 50.033 (2m) of the statutes is amended to read:
AB56,554,114 50.033 (2m) Reporting. Every 24 months, on a schedule determined by the
5department, a licensed adult family home shall submit through an online system
6prescribed by the department
a biennial report in the form and containing the
7information that the department requires, including payment of the any fee required
8due under sub. (2). If a complete biennial report is not timely filed, the department
9shall issue a warning to the licensee. The department may revoke the license for
10failure to timely and completely report within 60 days after the report date
11established under the schedule determined by the department.
AB56,731 12Section 731. 50.034 (1) (a) of the statutes is amended to read:
AB56,554,2113 50.034 (1) (a) No person may operate a residential care apartment complex that
14provides living space for residents who are clients under s. 46.27 (11) or 46.277 and
15publicly funded services as a home health agency or under contract with a county
16department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 that is a home health
17agency unless the residential care apartment complex is certified by the department
18under this section. The department may charge a fee, in an amount determined by
19the department, for certification under this paragraph. The amount of any fee
20charged by the department for certification of a residential care apartment complex
21need not be promulgated as a rule under ch. 227.
AB56,732 22Section 732 . 50.034 (2m) of the statutes is created to read:
AB56,555,623 50.034 (2m) Reporting. Every 24 months, on a schedule determined by the
24department, a residential care apartment complex shall submit through an online
25system prescribed by the department a report in the form and containing the

1information that the department requires, including payment of any fee required
2under sub. (1). If a complete report is not timely filed, the department shall issue a
3warning to the operator of the residential care apartment complex. The department
4may revoke a residential care apartment complex's certification or registration for
5failure to timely and completely report within 60 days after the report date
6established under the schedule determined by the department.
AB56,733 7Section 733. 50.034 (3) (a) 1. of the statutes is repealed.
AB56,734 8Section 734. 50.034 (5m) of the statutes is amended to read:
AB56,555,169 50.034 (5m) Provision of information required. Subject to sub. (5p), when
10When a residential care apartment complex first provides written material
11regarding the residential care apartment complex to a prospective resident, the
12residential care apartment complex shall also provide the prospective resident
13information specified by the department concerning the services of a resource center
14under s. 46.283, the family care benefit under s. 46.286, and the availability of a
15functional screening and a financial and cost-sharing screening to determine the
16prospective resident's eligibility for the family care benefit under s. 46.286 (1).
AB56,735 17Section 735. 50.034 (5n) (intro.) of the statutes is amended to read:
AB56,555,2418 50.034 (5n) Required referral. (intro.) Subject to sub. (5p), when When a
19residential care apartment complex first provides written material regarding the
20residential care apartment complex to a prospective resident who is at least 65 years
21of age or has developmental disability or a physical disability and whose disability
22or condition is expected to last at least 90 days, the residential care apartment
23complex shall refer the prospective resident to a resource center under s. 46.283,
24unless any of the following applies:
AB56,736 25Section 736. 50.034 (5p) of the statutes is repealed.
AB56,737
1Section 737. 50.034 (6) of the statutes is amended to read:
AB56,556,72 50.034 (6) Funding. Funding for supportive, personal or nursing services that
3a person who resides in a residential care apartment complex receives, other than
4private or 3rd-party funding, may be provided only under s. 46.27 (11) (c) 7. or 46.277
5(5) (e), except if the provider of the services is a certified medical assistance provider
6under s. 49.45 or if the funding is provided as a family care benefit under ss. 46.2805
7to 46.2895.
AB56,738 8Section 738. 50.035 (4m) of the statutes is amended to read:
AB56,556,169 50.035 (4m) Provision of information required. Subject to sub. (4p), when
10When a community-based residential facility first provides written material
11regarding the community-based residential facility to a prospective resident, the
12community-based residential facility shall also provide the prospective resident
13information specified by the department concerning the services of a resource center
14under s. 46.283, the family care benefit under s. 46.286, and the availability of a
15functional screening and a financial and cost-sharing screening to determine the
16prospective resident's eligibility for the family care benefit under s. 46.286 (1).
AB56,739 17Section 739. 50.035 (4n) (intro.) of the statutes is amended to read:
AB56,557,218 50.035 (4n) Required referral. (intro.) When a community-based residential
19facility first provides written information regarding the community-based
20residential facility to a prospective resident who is at least 65 years of age or has
21developmental disability or a physical disability and whose disability or condition is
22expected to last at least 90 days, the community-based residential facility shall refer
23the individual to a resource center under s. 46.283 or, if the secretary has not certified
24under s. 46.281 (3) that a resource center is available in the area of the
25community-based residential facility to serve individuals in an eligibility group to

1which the prospective resident belongs, to the county department that administers
2a program under ss. 46.27 or 46.277
, unless any of the following applies:
AB56,740 3Section 740. 50.035 (4p) of the statutes is repealed.
AB56,741 4Section 741. 50.04 (2g) (a) of the statutes is amended to read:
AB56,557,105 50.04 (2g) (a) Subject to sub. (2i), a A nursing home shall, within the time
6period after inquiry by a prospective resident that is prescribed by the department
7by rule, inform the prospective resident of the services of a resource center under s.
846.283, the family care benefit under s. 46.286, and the availability of a functional
9screening and a financial and cost-sharing screening to determine the prospective
10resident's eligibility for the family care benefit under s. 46.286 (1).
AB56,742 11Section 742. 50.04 (2h) (a) (intro.) of the statutes is amended to read:
AB56,557,1612 50.04 (2h) (a) (intro.) Subject to sub. (2i), a A nursing home shall, within the
13time period prescribed by the department by rule, refer to a resource center under
14s. 46.283 a person who is seeking admission, who is at least 65 years of age or has
15developmental disability or physical disability and whose disability or condition is
16expected to last at least 90 days, unless any of the following applies:
AB56,743 17Section 743. 50.04 (2i) of the statutes is repealed.
AB56,744 18Section 744. 50.04 (2m) of the statutes is repealed.
AB56,745 19Section 745. 50.06 (7) of the statutes is amended to read:
AB56,558,520 50.06 (7) An individual who consents to an admission under this section may
21request that an assessment be conducted for the incapacitated individual under the
22long-term support community options program under s. 46.27 (6) or, if the secretary
23has certified under s. 46.281 (3) that a resource center is available for the individual,

24a functional screening and a financial and cost-sharing screening to determine
25eligibility for the family care benefit under s. 46.286 (1). If admission is sought on

1behalf of the incapacitated individual or if the incapacitated individual is about to
2be admitted on a private pay basis, the individual who consents to the admission may
3waive the requirement for a financial and cost-sharing screening under s. 46.283 (4)
4(g), unless the incapacitated individual is expected to become eligible for medical
5assistance within 6 months.
AB56,746 6Section 746 . 51.03 (7) of the statutes is created to read:
AB56,558,107 51.03 (7) From the appropriation under s. 20.435 (5) (dg), the department shall
8award grants to regional crisis stabilization facilities for adults. The department
9shall establish criteria for a regional crisis stabilization facility to receive a grant
10under this subsection.
AB56,747 11Section 747. 51.06 (8) (b) 6. of the statutes is amended to read:
AB56,558,1612 51.06 (8) (b) 6. The extent of Medical Assistance provided to relocated or
13diverted individuals that is in addition to Medical Assistance provided to the
14individuals under s. 46.27 (11), 46.275, 46.277, or 46.278, as a family care benefit
15under ss. 46.2805 to 46.2895, or under any other home-based or community-based
16program for which the department has received a waiver under 42 USC 1396n (c).
AB56,748 17Section 748. 51.42 (3) (ar) 3. of the statutes is amended to read:
AB56,559,518 51.42 (3) (ar) 3. Plan for and establish a community developmental disabilities
19program to deliver the services required under s. 51.437 if, under s. 51.437 (4g) (b),
20the county board of supervisors in a county with a single-county department of
21community programs or the county boards of supervisors in counties with a
22multicounty department of community programs transfer the powers and duties of
23the county department under s. 51.437 to the county department of community
24programs. The county board of supervisors in a county with a single-county
25department of community programs and the county boards of supervisors in counties

1with a multicounty department of community programs may designate the county
2department of community programs to which these powers and duties have been
3transferred as the administrative agency of the long-term support community
4options program under s. 46.27 (3) (b) 1. and 5. and
the community integration
5programs under ss. 46.275, 46.277 and 46.278.
Loading...
Loading...