AB150,993,11 449.002 Legislative declaration. It is the declared legislative policy that
5general emergency medical relief is the payer of last resort in all cases, except those
6cases involving crime victim awards under s. 949.06, where a dispute may arise over
7payment for costs associated with maintaining the health and welfare of providing
8emergency medical care to recipients of general emergency medical relief, including
9disputes concerning health care costs with private or public payees of health care
10costs, other governmental welfare programs, rehabilitation programs and programs
11requiring institutionalization or long-term medical and psychiatric treatment.

AB150,993,13 1349.01 Definitions. (intro.) As used in this chapter subchapter:

AB150,993,2116 49.43 (1e) "Accommodated person" means any person in a hospital or in a
17skilled nursing facility or intermediate care facility, as defined in Title XIX of the
18social security act, who would have been eligible for benefits under s. 49.177 or 49.19
19or 49.77 or federal Title XVI if the person were not in such a hospital or facility, and
20any person in such an institution who can be found eligible for Title XIX under the
21social security act.

AB150,993,2323 49.01 (1m) "Department" means the department of health and social services.

AB150,994,62 49.01 (2) "Dependent person" or "dependent" means an individual without the
3presently available money, income, property or credit, or other means by which it can
4be presently obtained, excluding the exemptions set forth under s. 49.06, sufficient
5to provide the necessary commodities and services specified in sub. (5m) emergency
6medical care covered by emergency medical relief.

AB150,994,88 49.01 (3) "Emergency medical relief" means relief administered under s. 49.02.

AB150,994,1110 49.01 (3m) (b) A tribal governing body or an agency under contract with the
11governing body to administer emergency medical relief.

AB150,994,2018 49.01 (3m) (intro.) "General "Emergency medical relief agency" means a the
19following if the county or tribal governing body has elected to operate an emergency
20medical relief program administered under s. 49.02:

AB150,994,22 21(a) A county department under s. 46.215, 46.22 or 46.23 or an agency under
22contract with a county department to administer emergency medical relief.

AB150,995,33 49.01 (8j) "Secretary" means the secretary of health and social services.

AB150,995,76 49.01 (8p) "Tribal governing body" means an elected tribal governing body of
7a federally recognized American Indian tribe.

AB150,995,12 1249.015 (title) General Emergency medical relief eligibility.

AB150,995,1614 49.015 (1) General eligibility requirements. Except as provided in subs. (1m)
15to (3), a person is eligible for emergency medical relief if all of the following criteria
16are met:

AB150,995,1917 (a) The emergency medical relief is provided to a person who resides in a county
18that has elected, or on tax-free land in which the tribal governing body has elected,
19to operate an emergency medical relief program administered under s. 49.02.

AB150,995,2220 (c) The person qualifies under written criteria of dependency under s. 49.02
21(1m) established by the emergency medical relief agency in that county or on that tax
22free-land.

AB150,996,5

---

149.015 (1m) (b) (intro.) No person is eligible for general emergency medical
2relief under this chapter unless the person has resided in this state for at least 60
3consecutive days before applying for general emergency medical relief. This
4requirement does not apply if the person resides in this state and meets any of the
5following conditions:

AB150,996,1515 49.015 (1m) (title) State residency requirements.

AB150,996,2318 49.015 (2) (title) Recipients of other aid. A person is not eligible for general
19emergency medical relief under this chapter for a month in which the person has
20received aid to families with dependent children under s. 49.19 or supplemental
21security income under 42 USC 1381 to 1383c or in which aid to families with
22dependent children or supplemental security income benefits are immediately
23available to the person.

AB150,997,94 49.015 (3) (title) Waiver of certain eligibility criteria. After December 31,
51986, a general An emergency medical relief agency may waive the requirement
6under sub. (1) (1m) (b) or (2) (a) in a medical emergency or in case of unusual
7misfortune or hardship. Each waiver shall be reported to the department. The
8department may deny reimbursement under s. 49.035 for any case in which a waiver
9is inappropriately granted.

AB150,997,13 1249.02 (title) General Emergency medical relief benefits and
13administration.

AB150,997,1915 49.02 (1) Election to provide emergency medical relief. A county or a tribal
16governing body may elect to provide emergency medical relief to all persons eligible
17for emergency medical relief under s. 49.015. Subsections (1m) to (11) apply only
18with respect to counties and tribal governing bodies who make the election under this
19subsection to provide emergency medical relief program.

AB150,998,4

---

149.02 (1e) Emergency medical relief agencies. If a county or tribal governing
2body makes the election under sub. (1), the county or tribal governing body shall
3establish or designate an emergency medical relief agency to administer emergency
4medical relief under this section.

AB150,998,166 49.02 (1m) (title) Written criteria to determine dependency. Every county
7shall furnish general relief to all eligible dependent persons within the county and
8shall establish or designate a general relief agency to administer general relief. The
9general Each emergency medical relief agency shall establish written criteria to be
10used to determine dependency and shall establish written standards of need to be
11used to determine the type and amount of general relief to be furnished. The general
12emergency medical relief agency shall review the standards of need these criteria at
13least annually. The general relief agency may establish work-seeking rules for
14general relief applicants and recipients. The department may promulgate rules
15establishing minimum requirements for written criteria of dependency under this
16subsection.

AB150,998,2418 49.02 (2r) (title) Reimbursement from other programs or resources. A
19general An emergency medical relief agency may require the person who is receiving
20general emergency medical relief to authorize any program or resource for which he
21or she is determined to be eligible to reimburse the general emergency medical relief
22agency for general relief benefits paid provided to the person if the program or
23resource permits retroactive reimbursement for the period that general emergency
24medical relief benefits were paid provided.

AB150,999,33 49.02 (5) (title) Emergency medical relief benefits.

AB150,999,165 49.02 (5) (am) Except as otherwise provided in this section If a county or tribal
6governing body makes the election under sub. (1), the county under par. (ar) or tribal
7governing body shall be liable for emergency hospitalization and care if a physician
8hospitalizes on an emergency basis or renders care on that basis to a person who is
9determined to be an eligible dependent person under this chapter, without
10previously authorizing the same s. 49.015, when, in the reasonable professional
11judgment of a physician, emergency medical treatment or hospitalization is
12necessary because severe physical or psychological damage to the person would
13result if the treatment or hospitalization was delayed pending the receipt of prior
14authorization from the general relief agency of the county under par. (ar) withheld.
15The department shall promulgate rules establishing standards to be used by
16physicians in making this judgment.

AB150,999,2119 49.02 (5) (b) A county or tribal governing body is not liable for hospitalization
20or care provided under par. (a) (am) if the hospital provides the care or hospitalization
21to the person as uncompensated services required under 42 USC 291c.

AB150,1000,53 49.02 (5) (bm) A county or tribal governing body shall limit its liability for
4emergency medical relief to the amount payable by medical assistance under ss.
549.43 to 49.47 subch. IV for care for which a medical assistance rate exists.