“Asynchronous telehealth service” is telehealth that is used to transmit medical data about a patient to a provider when the transmission is not a 2-way, real-time, interactive communication.
“Interactive telehealth” means telehealth delivered using multimedia communication technology that permits 2-way, real-time, interactive communications between a certified provider of Medical Assistance at a distant site and the Medical Assistance recipient or the recipient's provider.
“Remote patient monitoring” is telehealth in which a patient's medical data is transmitted to a provider for monitoring and response if necessary.
“Telehealth” means a practice of health care delivery, diagnosis, consultation, treatment, or transfer of medically relevant data by means of audio, video, or data communications that are used either during a patient visit or a consultation or are used to transfer medically relevant data about a patient. “Telehealth” does not include communications delivered solely by audio-only telephone, facsimile machine, or electronic mail unless the department specifies otherwise by rule.
Subject to par. (e)
, the department shall provide reimbursement under the Medical Assistance program for any benefit that is a covered benefit under s. 49.46 (2)
and that is delivered by a certified provider for Medical Assistance through interactive telehealth.
Subject to par. (e)
, the department shall provide reimbursement under the Medical Assistance program for all of the following:
Except as provided by the department by rule, a consultation pertaining to a Medical Assistance recipient conducted through interactive telehealth between a certified provider of Medical Assistance and the Medical Assistance recipient's treating provider that is certified under Medical Assistance.
Except as provided by the department by rule, remote patient monitoring of a Medical Assistance recipient and asynchronous telehealth service in which the medical data pertains to a Medical Assistance recipient.
Except as provided by the department by rule and subject to par. (e) 4.
, services that are covered under the Medicare program under 42 USC 1395
et seq. for which the federal department of health and human services provides Medical Assistance federal financial participation and that are any of the following:
Any other telehealth or communication technology-based services.
Any service that is not specified in subds. 1.
or par. (b)
that is provided through telehealth and that the department specifies by rule under par. (d)
is a covered and reimbursable service under the Medical Assistance program.
The department shall promulgate rules specifying any services under par. (c) 4.
that are reimbursable under Medical Assistance. The department may promulgate rules excluding services under par. (c) 1.
from reimbursement under Medical Assistance. The department may promulgate rules specifying any telehealth service under par. (b)
or (c) 1.
that is provided solely by audio-only telephone, facsimile machine, or electronic mail as reimbursable under Medical Assistance.
The department may not require a certified provider of Medical Assistance that provides a reimbursable service under par. (b)
to obtain an additional certification or meet additional requirements solely because the service was delivered through telehealth, except that the department may require, by rule, that the transmission of information through telehealth be of sufficient quality to be functionally equivalent to face-to-face contact. The department may apply any requirement that is applicable to a covered service that is not provided through telehealth to any service provided under par. (b)
The department may not limit coverage or reimbursement of a service provided under par. (b)
based on the location of the Medical Assistance recipient when the service is provided.
The department may not cover or provide reimbursement under Medical Assistance for a service described under par. (c) 3.
that is first covered under the Medicare program under 42 USC 1395
et seq. after July 1, 2019, until the date that is one year after the date the service is covered under the Medicare program or the date the secretary explicitly approves the service as a Medical Assistance covered service, whichever is earlier.
History: 1971 c. 40
; 1971 c. 42
; 1971 c. 213
; 1971 c. 215
; 1973 c. 62
; 1973 c. 333
; 1975 c. 39
; 1975 c. 223
; 1975 c. 224
; 1975 c. 383
; 1975 c. 411
; 1977 c. 29
; 1979 c. 34
, 2102 (20) (a)
; 1979 c. 102
; 1981 c. 20
, 2202 (20) (r)
; 1981 c. 93
; 1983 a. 27
, 2200 (42)
; 1983 a. 245
; 1985 a. 29
, 3200 (23)
, (56), 3202 (27)
; 1985 a. 120
; 1985 a. 332
, 251 (5)
; 1985 a. 340
; 1987 a. 27
, 3202 (24)
; 1987 a. 186
; 1987 a. 403
; 1987 a. 413
; 1989 a. 6
; 1989 a. 31
; 1989 a. 107
; 1991 a. 22
; 1993 a. 16
; 1993 a. 27
; 1995 a. 20
; 1995 a. 27
, 9126 (19)
, 9130 (4)
, 9145 (1)
; 1995 a. 191
; 1997 a. 3
; 1999 a. 9
; 2001 a. 13
; 2003 a. 33
; 2005 a. 22
; 2005 a. 25
; 2005 a. 107
; 2007 a. 20
, 9121 (6) (a)
; 2007 a. 90
; 2009 a. 2
; 2011 a. 10
; 2011 a. 260
; 2013 a. 20
; 2013 a. 116
; 2013 a. 117
; 2013 a. 130
; 2013 a. 165
; 2013 a. 226
; 2015 a. 55
; 2017 a. 34
; 2019 a. 8
; 2019 a. 9
; 2021 a. 22
; 2021 a. 23
; s. 13.92 (1) (bm) 2; s. 35.17 correction in (6c) (e) (title), (6tw), (24m) (title), (29x) (b), (29y) (a) (intro.), 1m., 2m. (intro.), (30f), (41) (c) 3., (47) (e), (61) (b), (c) 3. a.
Wisconsin has no medical assistance plan independent of Medicaid. Non-residence under federal Medicaid regulations is determinative of medical assistance eligibility. Pope v. DHSS, 187 Wis. 2d 207
, 522 N.W.2d 22
(Ct. App. 1994).
Section 49.89, not sub. (19) (a) 2., specifically addresses assignment of actions and subrogation of rights by a public assistance recipient who is injured and has a tort claim against a 3rd party. Ellsworth v. Schelbrock, 2000 WI 63
, 235 Wis. 2d 678
, 611 N.W.2d 764
Sub. (7) (a) requires that a health care facility resident who is a recipient of certain funds apply those funds toward the cost of care in the health care facility. The agent who received funds from the Social Security Administration on behalf of the resident has an obligation to pay the funds to the health care facility and is subject to an action for conversion. Methodist Manor of Waukesha, Inc. v. Martin, 2002 WI App 130
, 255 Wis. 2d 707
, 647 N.W.2d 409
Medical assistance eligibility is not a default position that the department must rebut, but a privilege for which the applicant must prove eligibility. An initial determination of eligibility does not preclude a later redetermination of that status. The state has an ongoing duty to ensure that a MA recipient is eligible and the recipient bears the ongoing burden of proving eligibility. Estate of Gonwa v. DHFS, 2003 WI App 152
, 265 Wis. 2d 913
, 668 N.W.2d 122
Sub. (2) (a) 9. does not direct the department to promulgate rules regarding conditions of reimbursement, but instead to include those conditions in a contract with the provider. A department handbook provision requiring odometer readings was a condition of reimbursement, not an administrative rule requiring promulgation. Meda-Care Vans of Waukesha, Inc. v. Division of Hearings and Appeals, 2007 WI App 140
, 302 Wis. 2d 499
, 736 N.W.2d 147
Medicaid reimbursement is governed by the “Methods of Implementation for Wisconsin Medicaid Nursing Home Payment Rates" adopted by the department under sub. (6m). Sub. (6m) (e) requires the department to establish an appeals mechanism within the department to review petitions for modifications to any payment under sub. (6m). The “Methods" provides that the nursing home appeals board is available for redress in the event a facility has extraordinary fiscal circumstances. The department does not have the authority to grant an increased reimbursement rate absent appeals board approval. Park Manor, Ltd. v. DHFS, 2007 WI App 176
, 304 Wis. 2d 512
, 737 N.W.2d 88
Sub. (3) (f) gives the Department of Health Services (DHS) the authority to recoup payments made to a Medicaid provider when that provider failed to maintain records as required by DHS for verification of the provider's claims, regardless of whether other records possessed by the provider show that the provider actually rendered the services in question. In this case, the records were not required, so DHS could not recoup payments. Newcap, Inc. v. Department of Health Services, 2018 WI App 40
, 383 Wis. 2d 515
, 916 N.W.2d 173
When read together, sub. (3) (f) 1. and 2. make it clear that a provider has an obligation to make the required records available to the Department of Health Services (DHS) at the time of an audit in order to allow DHS to verify the provider's claims, and DHS may recoup payments already made if the provider fails to do so. Newcap, Inc. v. Department of Health Services, 2018 WI App 40
, 383 Wis. 2d 515
, 916 N.W.2d 173
The fact that this section does not address testamentary trusts is not an indication the legislature gave consideration to whether payments from testamentary trusts should be included as unearned income for medical assistance eligibility purposes and concluded to the contrary. Tarrant v. Department of Health Services, 2019 WI App 45
, 388 Wis. 2d 335
, 933 N.W.2d 145
A contract between the trustees of a nursing home and a medical clinic for exclusive medical services under the medical assistance act for residents of such home violates public policy of this state. 59 Atty. Gen. 68.
Poverty is not a constitutionally suspect classification. Encouraging childbirth except in the most urgent circumstances is rationally related to the legitimate governmental objective of protecting potential life. Medical assistance discussed. Harris v. McRae, 448 U.S. 297
Medical Assistance & Divestment. Canellos. Wis. Law. Aug. 1991.
Counting promissory notes as assets for certain Medical Assistance programs. 49.452(1)(1)
In this section, “promissory note" means a written, unconditional agreement, given in return for goods, money loaned, or services rendered, under which one party promises to pay another party a specified sum of money at a specified time or on demand.
If an individual's assets are counted when determining or redetermining the individual's financial eligibility for Medical Assistance, the department shall include a promissory note as a countable asset if all of the following apply:
The individual applying for or receiving benefits under Medical Assistance or his or her spouse provided the goods, money loaned, or services rendered for the promissory note.
The promissory note was entered into or purchased on or after July 14, 2015.
The promissory note is negotiable, assignable, and enforceable and does not contain any terms making it unmarketable.
A promissory note is presumed to be negotiable and its asset value is the outstanding principal balance at the time the individual applies for Medical Assistance or at the time the individual's eligibility for Medical Assistance is redetermined, unless the individual shows by credible evidence from a knowledgeable source that the note is nonnegotiable or has a different current market value, which will then be considered the asset value.
History: 2015 a. 55
Divestment of assets. 49.453(1)(am)
“Covered individual" means an individual who is an institutionalized individual or a noninstitutionalized individual.
“Community spouse" means the spouse of either the institutionalized person or the noninstitutionalized person.
“Expected value of the benefit" means the amount that an irrevocable annuity will pay to the annuitant during his or her expected lifetime as determined under sub. (4) (c)
“Look-back date" means either of the following:
For transfers made before February 8, 2006, the date that is 36 months before, or with respect to payments from a trust or portions of a trust that are treated as assets transferred by the covered individual under s. 49.454 (2) (c)
or (3) (b)
the date that is 60 months before:
For a covered individual who is an institutionalized individual, the first date on which the covered individual is both an institutionalized individual and has applied for medical assistance.
For a covered individual who is a noninstitutionalized individual, the date on which the covered individual applies for medical assistance or, if later, the date on which the covered individual, his or her spouse, or another person acting on behalf of the covered individual or his or her spouse, transferred assets for less than fair market value.
For all transfers made on or after February 8, 2006, the date that is 60 months before the dates specified in subd. 1m. a.
“Reasonable compensation" means the prevailing local market rate of compensation for the service or care provided.
“Relative" means an individual who is related to another by blood, marriage or adoption.
Ineligibility for medical assistance for certain services. 49.453(2)(a)(a)
Except as provided in sub. (8)
, if an institutionalized individual or his or her spouse, or another person acting on behalf of the institutionalized individual or his or her spouse, transfers assets for less than fair market value on or after the institutionalized individual's look-back date, the institutionalized individual is ineligible for medical assistance for the following services for the period specified under sub. (3)
For a level of care in a medical institution equivalent to that of a nursing facility.
Except as provided in sub. (8)
, if a noninstitutionalized individual or his or her spouse, or another person acting on behalf of the noninstitutionalized individual or his or her spouse, transfers assets for less than fair market value on or after the noninstitutionalized individual's look-back date, the noninstitutionalized individual is ineligible for medical assistance for the following services for the period specified under sub. (3)
Other long-term care services specified by the department by rule.
The period of ineligibility under this subsection begins on either of the following for an applicant for Medical Assistance:
In the case of a transfer of assets made before February 8, 2006, the first day of the first month beginning on or after the look-back date during or after which assets have been transferred for less than fair market value and that does not occur in any other periods of ineligibility under this subsection.
In the case of a transfer of assets made on or after February 8, 2006, the first day of a month beginning on or after the look-back date during or after which assets have been transferred for less than fair market value, or the date on which the individual is eligible for medical assistance and would otherwise be receiving institutional level care described in sub. (2) (a) 1.
based on an approved application for the care but for the application of the penalty period, whichever is later, and that does not occur during any other period of ineligibility under this subsection.
The period of ineligibility under this subsection for a transfer of assets made at the time the individual is receiving long-term care services through Medical Assistance begins on the first day of the month following the month in which the individual receives advance notice of the period of ineligibility.
Subject to par. (bc)
, the department shall determine the number of months of ineligibility as follows:
The department shall determine the total, cumulative uncompensated value of all assets transferred by the covered individual or his or her spouse on or after the look-back date.
The department shall determine the average monthly cost to a private patient of nursing facility services in the state at the time that the covered individual applied for medical assistance.
The number of months of ineligibility equals the number determined by dividing the amount determined under subd. 1.
by the amount determined under subd. 2.
In determining the number of months of ineligibility under par. (b)
, with respect to asset transfers that occur after February 8, 2006, the department may not round down the quotient, or otherwise disregard any fraction of a month, obtained in the division under par. (b) 3.
If the spouse of an individual makes a transfer of assets that results in a period of ineligibility under this section and otherwise becomes eligible for medical assistance, the department shall apportion the period of ineligibility between the individual and the spouse. The department shall promulgate rules establishing a reasonable methodology for apportioning a period of ineligibility under this paragraph.
Irrevocable annuities, promissory notes and similar transfers. 49.453(4)(ac)(ac)
In this subsection, “transaction" means any action taken by an individual that changes the course of payments to be made under an annuity or the treatment of the income or principal of an annuity, including all of the following: