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LRB-2501/1
TJD:skw
2021 - 2022 LEGISLATURE
September 8, 2021 - Introduced by Representatives Brandtjen, Allen, Brooks,
Cabral-Guevara, Callahan, Edming, Gundrum, Horlacher, Murphy,
Ramthun, Rozar, Sanfelippo, Schraa, Skowronski, Steffen, Thiesfeldt,
Tittl and Wichgers, cosponsored by Senators Jacque and Bernier. Referred
to Committee on Health.
AB528,1,3 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 as a
provider for Medical Assistance a person that provides abortion services or is an
affiliate of a person that provides abortion services and also is either 1) a nonprofit
private entity that has received at any time or has applied for a grant or contract for
a family planning project under federal law or 2) an affiliate of a nonprofit private
entity whose affiliates have received federal grants or contracts for family planning
projects. The bill also requires DHS to decertify from the Medical Assistance
program those providers that meet the same criteria. Generally, under current law,
DHS establishes criteria for certifying providers to provide services under and
receive reimbursement from the Medical Assistance program and then 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:
AB528,1
1Section 1. 49.45 (2) (a) 11. a. of the statutes is amended to read:
AB528,2,42 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.
AB528,2 5Section 2. 49.45 (2) (c) of the statutes is created to read:
AB528,2,76 49.45 (2) (c) 1. In this paragraph, “abortion” has the meaning given in s. 253.10
7(2) (a).
AB528,2,98 2. The department may not certify as a provider under the Medical Assistance
9program a person that satisfies all of the following:
AB528,2,1110 a. The person provides abortion services or is an affiliate of a person that
11provides abortion services.
AB528,2,1512 b. The person is a nonprofit private entity that has received at any time or has
13applied for a grant or contract under 42 USC 300 or is affiliated with a nonprofit
14private entity with affiliates that have received grants or contracts under 42 USC
15300
.
AB528,3 16Section 3. Nonstatutory provisions.
AB528,2,1717 (1) Decertification of abortion providers.
AB528,2,1818 (a) In this subsection, “abortion” has the meaning given in s. 253.10 (2) (a).
AB528,2,2119 (b) By July 1, 2022, the department of health services shall decertify as a
20provider under the Medical Assistance program any person that satisfies all of the
21following:
AB528,2,2322 1. The person provides abortion services or is an affiliate of a person that
23provides abortion services.
AB528,3,224 2. The person is a nonprofit private entity that has received at any time or has
25applied for a grant or contract under 42 USC 300 or is affiliated with a nonprofit

1private entity with affiliates that have received grants or contracts under 42 USC
2300
.
AB528,3,73 (c) If the department of health services determines that it needs to request a
4waiver of federal law or a state plan amendment or obtain other federal approval to
5implement par. (b) and s. 49.45 (2) (c), the department of health services shall submit
6the request or seek to obtain federal approval to implement par. (b) and s. 49.45 (2)
7(c).
AB528,3,88 (End)
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