TJD:amn
2021 - 2022 LEGISLATURE
August 4, 2021 - Introduced by Representatives Dittrich, Cabral-Guevara,
Spiros, Allen, Katsma, Ramthun, Neylon, Callahan, Edming, Kuglitsch,
Brooks, Knodl, Gundrum, Rozar and Moses, cosponsored by Senators
Stroebel, Wanggaard, Nass, Marklein and Ballweg. Referred to Committee
on Health.
AB493,1,3
1An Act to amend 49.45 (2) (a) 11. a.; and
to create 49.45 (2) (c) of the statutes;
2relating to: certification of abortion providers under the Medical Assistance
3program.
Analysis by the Legislative Reference Bureau
This bill prohibits the Department of Health Services from certifying, and
requires DHS to decertify by July 1, 2022, a provider under the Medical Assistance
program that is a private entity that provides abortion services or is an affiliate of
a person that provides abortion services. The prohibition does not apply to any
hospital that terminates pregnancies under any of the following circumstances: the
termination is directly and medically necessary to save the life of the woman; the
pregnancy is the result of sexual assault or incest, which has been reported to law
enforcement; or the termination is, due to a medical condition existing prior to the
abortion, directly and medically necessary to prevent grave, long-lasting physical
health damage to the woman.
If DHS determines that it needs to request a waiver of federal law or a state plan
amendment or obtain other federal approval to implement this prohibition on
certification and requirement to decertify, the bill requires DHS to submit the
request or seek federal approval. Generally, under current law, DHS establishes
criteria for certifying providers to provide services under the Medical Assistance
program and certifies those providers. The Medical Assistance program is a joint
federal and state program administered by DHS that provides health services to
individuals who have limited financial resources.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB493,1
1Section 1
. 49.45 (2) (a) 11. a. of the statutes is amended to read:
AB493,2,42
49.45
(2) (a) 11. a. Establish criteria for certification of providers of medical
3assistance and, except as provided in
par.
pars. (b) 6m.
and (c) and s. 49.48, and
4subject to par. (b) 7. and 8., certify providers who meet the criteria.
AB493,2
5Section 2
. 49.45 (2) (c) of the statutes is created to read:
AB493,2,66
49.45
(2) (c) 1. In this paragraph:
AB493,2,77
a. “Abortion” has the meaning given in s. 253.10 (2) (a).
AB493,2,88
b. “Hospital” has the meaning given in s. 50.33 (2).
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2. The department may not certify as a provider under the Medical Assistance
10program any private entity that provides abortion services or is an affiliate of an
11entity that provides abortion services.
AB493,2,1312
3. Subdivision 2. does not apply to any hospital that terminates pregnancies
13under a circumstance described in s. 20.927 (2).
AB493,3
14Section 3
.
Nonstatutory provisions.
AB493,2,1515
(1)
Certification of abortion providers under Medical Assistance.
AB493,2,1616
(a) In this subsection:
AB493,2,17
171. “Abortion” has the meaning given in s. 253.10 (2) (a).
AB493,2,18
182. “Hospital” has the meaning given in s. 50.33 (2).
AB493,3,3
11. By July 1, 2022, the department of health services shall decertify as a
2provider under the Medical Assistance program any private entity that provides
3abortion services or is an affiliate of an entity that provides abortion services.
AB493,3,54
2. Subdivision 1. does not apply to any hospital that terminates pregnancies
5under a circumstance described in s. 20.927 (2).
AB493,3,106
(c) If the department of health services determines that it needs to request a
7waiver of federal law or a state plan amendment or obtain other federal approval to
8implement par. (b) and s. 49.45 (2) (c), the department of health services shall submit
9the request or seek to obtain federal approval to implement par. (b) and s. 49.45 (2)
10(c).
