49.45(8)(8)Per-visit limits on home health services reimbursement.
49.45(8)(a)(a) In this subsection:
49.45(8)(a)2.2. “Licensed practical nurse” has the meaning given in s. 146.40 (1) (c).
49.45(8)(a)2m.2m. “Nurse aide” has the meaning given in s. 146.40 (1) (d).
49.45(8)(a)3.3. “Occupational therapist” has the meaning given in s. 448.96 (4).
49.45(8)(a)4.4. “Patient care visit” means a personal contact with a patient that is made by a registered nurse, licensed practical nurse, nurse aide, physical therapist, occupational therapist, or speech-language pathologist who is on the staff of or under contract or arrangement with a home health agency, or by a registered nurse or licensed practical nurse practicing independently, to provide a service that is covered under s. 49.46, 49.47, or 49.471. “Patient care visit” does not include time spent by a nurse, therapist, or nurse aide on case management, care coordination, travel, record keeping, or supervision that is related to the patient care visit.
49.45(8)(a)5.5. “Physical therapist” has the meaning given in s. 448.50 (3).
49.45(8)(a)6.6. “Registered nurse” has the meaning given in s. 146.40 (1) (f).
49.45(8)(a)7.7. “Speech-language pathologist” means an individual engaged in the practice of speech-language pathology, as regulated under ch. 459.
49.45(8)(b)(b) Reimbursement under s. 20.435 (4) (b), (gm), (o), and (w) for home health services provided by a certified home health agency or independent nurse shall be made at the home health agency’s or nurse’s usual and customary fee per patient care visit, subject to a maximum allowable fee per patient care visit that is established under par. (c).
49.45(8)(c)(c) The department shall establish a maximum statewide allowable fee per patient care visit, for each type of visit with respect to provider, that may be no greater than the cost per patient care visit, as determined by the department from cost reports of home health agencies, adjusted for costs related to case management, care coordination, travel, record keeping and supervision.
49.45(8r)(8r)Payment for certain obstetric and gynecological care. The rate of payment for obstetric and gynecological care provided in primary care shortage areas, as defined in s. 36.60 (1) (cm), or provided to recipients of medical assistance who reside in primary care shortage areas, that is equal to 125 percent of the rates paid under this section to primary care physicians in primary care shortage areas, shall be paid to all certified primary care providers who provide obstetric or gynecological care to those recipients.
49.45(8v)(8v)Incentive-based pharmacy payment system. The department shall establish a system of payment to pharmacies for legend and over-the-counter drugs provided to recipients of medical assistance that has financial incentives for pharmacists who perform services that result in savings to the medical assistance program. Under this system, the department shall establish a schedule of fees that is designed to ensure that any incentive payments made are equal to or less than the documented savings. The department may discontinue the system established under this subsection if the department determines, after performance of a study, that payments to pharmacists under the system exceed the documented savings under the system.
49.45(9)(9)Free choice. Any person eligible for medical assistance under s. 49.46, 49.468, 49.47, or 49.471 may use the physician, chiropractor, dentist, pharmacist, podiatrist, hospital, skilled nursing home, health maintenance organization, limited service health organization, preferred provider plan or other licensed, registered or certified provider of health care of his or her choice, except that free choice of a provider may be limited by the department if the department’s alternate arrangements are economical and the recipient has reasonable access to health care of adequate quality. The department may also require a recipient to designate, in any or all categories of health care providers, a primary health care provider of his or her choice. After such a designation is made, the recipient may not receive services from other health care providers in the same category as the primary health care provider unless such service is rendered in an emergency or through written referral by the primary health care provider. Alternate designations by the recipient may be made in accordance with guidelines established by the department. Nothing in this subsection shall vitiate the legal responsibility of the physician, chiropractor, dentist, pharmacist, podiatrist, skilled nursing home, hospital, health maintenance organization, limited service health organization, preferred provider plan or other licensed, registered or certified provider of health care to patients. All contract and tort relationships with patients shall remain, notwithstanding a written referral under this section, as though dealings are direct between the physician, chiropractor, dentist, pharmacist, podiatrist, skilled nursing home, hospital, health maintenance organization, limited service health organization, preferred provider plan or other licensed, registered or certified provider of health care and the patient. No physician, chiropractor, pharmacist, podiatrist, or dentist may be required to practice exclusively in the medical assistance program.
49.45(9m)(9m)Referrals. The department may, consistent with sub. (9), specify services for which reimbursement will be made only if the services are provided in accordance with a referral, in writing, which specifies the services to be rendered and the duration of such services. The referral form shall describe the referred services as required by the department.
49.45(9p)(9p)Prior authorization prohibited for wheelchair repairs.
49.45(9p)(a)(a) In this subsection, “recipient of medical assistance” means an individual who receives medical assistance under any of the following:
49.45(9p)(a)1.1. A program operated under this subchapter.
49.45(9p)(a)2.2. A demonstration program operated under 42 USC 1315.
49.45(9p)(a)3.3. A program operated under a waiver of federal law relating to medical assistance that is granted by the federal department of health and human services.
49.45(9p)(b)(b) The department may not require any person to obtain prior authorization from the department for a repair to a wheelchair used by a recipient of medical assistance that satisfies the following criteria:
49.45(9p)(b)1.1. If the repair is to a power wheelchair, the cost of the repair is less than $300.
49.45(9p)(b)2.2. If the repair is to a manual wheelchair, the cost of the repair is less than $150.
49.45(9p)(b)3.3. The cost of the repair is a covered benefit under the program of which the individual is a recipient.
49.45(9r)(9r)Complex rehabilitation technology.
49.45(9r)(a)(a) In this subsection:
49.45(9r)(a)1.1. “Complex needs patient” means an individual with a diagnosis or medical condition that results in significant physical impairment or functional limitation.
49.45(9r)(a)2.2. “Complex rehabilitation technology” means items classified within Medicare as durable medical equipment that are individually configured for individuals to meet their specific and unique medical, physical, and functional needs and capacities for basic activities of daily living and instrumental activities of daily living identified as medically necessary. “Complex rehabilitation technology” includes complex rehabilitation manual and power wheelchairs, adaptive seating and positioning items, and other specialized equipment such as standing frames and gait trainers, power seat elevation or power standing components of power wheelchairs, as well as options and accessories related to any of these items.
49.45(9r)(a)3.3. “Individually configured” means having a combination of sizes, features, adjustments, or modifications that a qualified complex rehabilitation technology supplier can customize to the specific individual by measuring, fitting, programming, adjusting, or adapting as appropriate so that the device operates in accordance with an assessment or evaluation of the individual by a qualified health care professional and is consistent with the individual’s medical condition, physical and functional needs and capacities, body size, period of need, and intended use.