AB150, s. 3032 4Section 3032. 49.47 (6) (am) of the statutes is created to read:
AB150,1088,105 49.47 (6) (am) 1. The department shall request a waiver from the secretary of
6the federal department of health and human services to allow the department to
7receive federal financial participation to continue to provide, notwithstanding par.
8(a) 1., skilled nursing care services or intermediate care facility services as a medical
9assistance benefit under this section to an individual who meets all of the following
10conditions:
AB150,1088,1111 a. The individual is eligible for medical assistance benefits under this section.
AB150,1088,1412 b. The individual was receiving skilled nursing care services or intermediate
13care facility services as a resident of a facility, as defined under s. 49.45 (6m) (a) 3.,
14on January 1, 1996.
AB150,1088,1615 c. The skilled nursing care services or intermediate care facility services under
16subd. 1. b. were provided as a medical assistance benefit.
AB150,1088,2117 d. The individual has continued to receive skilled nursing care services or
18intermediate care facility services as a resident of a facility, as defined under s. 49.45
19(6m) (a) 3., or has received the services, provided as a medical assistance benefit, that
20are described in s. 46.27 (11m), 46.275 (5g), 46.277 (5g) (c) or 46.278 (6m) since
21January 1, 1996.
AB150,1088,2522 2. If the waiver under subd. 1. is granted and remains in effect, the department
23shall provide skilled nursing care services or intermediate care facility services as
24a medical assistance benefit to individuals covered by the waiver notwithstanding
25par. (a) 1.
AB150, s. 3033
1Section 3033. 49.47 (9m) (b) 5. a. of the statutes is repealed.
AB150, s. 3034 2Section 3034. 49.47 (9m) (b) 5. c. of the statutes is repealed.
AB150, s. 3035 3Section 3035. 49.48 (title) of the statutes is renumbered 49.68 (title).
AB150, s. 3036 4Section 3036. 49.48 (1) of the statutes is renumbered 49.68 (1).
AB150, s. 3037 5Section 3037. 49.48 (1m) of the statutes is renumbered 49.68 (1m).
AB150, s. 3038 6Section 3038. 49.48 (2) of the statutes is renumbered 49.68 (2).
AB150, s. 3039 7Section 3039. 49.48 (3) (title) of the statutes is renumbered 49.68 (3) (title).
AB150, s. 3040 8Section 3040. 49.48 (3) (a) of the statutes is renumbered 49.68 (3) (a) and
9amended to read:
AB150,1089,1310 49.68 (3) (a) Any permanent resident of this state who suffers from chronic
11renal disease may be accepted into the dialysis treatment phase of the renal disease
12control program if the resident meets standards set by rule under sub. (2) and s.
1349.487 49.687.
AB150, s. 3041 14Section 3041. 49.48 (3) (b) of the statutes is renumbered 49.68 (3) (b).
AB150, s. 3042 15Section 3042. 49.48 (3) (c) of the statutes is renumbered 49.68 (3) (c).
AB150, s. 3043 16Section 3043. 49.48 (3) (d) of the statutes is renumbered 49.68 (3) (d).
AB150, s. 3044 17Section 3044. 49.48 (3) (e) of the statutes is renumbered 49.68 (3) (e).
AB150, s. 3045 18Section 3045. 49.483 (title) of the statutes is renumbered 49.683 (title).
AB150, s. 3046 19Section 3046. 49.483 (1) of the statutes is renumbered 49.683 (1) and amended
20to read:
AB150,1089,2421 49.683 (1) The department may provide financial assistance for costs of
22medical care of persons over the age of 18 years with the diagnosis of cystic fibrosis
23who meet financial requirements established by the department by rule under s.
2449.487 (1) 49.687 (1).
AB150, s. 3047 25Section 3047. 49.483 (2) of the statutes is renumbered 49.683 (2).
AB150, s. 3048
1Section 3048. 49.485 (title) of the statutes is renumbered 49.685 (title).
AB150, s. 3049 2Section 3049. 49.485 (1) of the statutes is renumbered 49.685 (1).
AB150, s. 3050 3Section 3050. 49.485 (2) of the statutes is renumbered 49.685 (2).
AB150, s. 3051 4Section 3051. 49.485 (4) of the statutes is renumbered 49.685 (4) and amended
5to read:
AB150,1090,146 49.685 (4) Eligibility. Any permanent resident of this state who suffers from
7hemophilia or other related congenital bleeding disorder may participate in the
8program if that person meets the requirements of this section and s. 49.487 49.687
9and the standards set by rule under this section and s. 49.487 49.687. The person
10shall enter into an agreement with the comprehensive hemophilia treatment center
11for a maintenance program to be followed by that person as a condition for continued
12eligibility. The physician director or a designee shall, at least once in each 6-month
13period, review the maintenance program and verify that the person is complying
14with the program.
AB150, s. 3052 15Section 3052. 49.485 (5) of the statutes is renumbered 49.685 (5).
AB150, s. 3053 16Section 3053. 49.485 (6) of the statutes is renumbered 49.685 (6).
AB150, s. 3054 17Section 3054. 49.485 (7) (title) of the statutes is renumbered 49.685 (7) (title).
AB150, s. 3055 18Section 3055. 49.485 (7) (a) 1. of the statutes is renumbered 49.685 (7) (a) 1.
19and amended to read:
AB150,1090,2420 49.685 (7) (a) 1. The percentage of the patient's liability for the reasonable costs
21for blood products and supplies which are determined to be eligible for
22reimbursement under sub. (6) shall be based upon the income and the size of the
23person's family unit, according to standards to be established by the department
24under s. 49.487 49.687.
AB150, s. 3056 25Section 3056. 49.485 (7) (a) 2. of the statutes is renumbered 49.685 (7) (a) 2.
AB150, s. 3057
1Section 3057. 49.485 (7) (a) 4. of the statutes is renumbered 49.685 (7) (a) 4.
AB150, s. 3058 2Section 3058. 49.485 (7) (a) 5. of the statutes is renumbered 49.685 (7) (a) 5.
AB150, s. 3059 3Section 3059. 49.485 (7) (b) of the statutes is renumbered 49.685 (7) (b).
AB150, s. 3060 4Section 3060. 49.485 (8) of the statutes is renumbered 49.685 (8).
AB150, s. 3061 5Section 3061. 49.486 of the statutes, as affected by 1995 Wisconsin Act .... (this
6act), is renumbered 49.686.
****Note: This is reconciled s. 49.486. This Section has been affected by drafts with the
following LRB numbers: -0733/1 and -2153/1.
AB150, s. 3062 7Section 3062. 49.486 (2) of the statutes is amended to read:
AB150,1091,138 49.486 (2) Reimbursement. From the appropriation under s. 20.435 (1) (am),
9the department shall distribute not more than $375,600 in fiscal year 1993-94 and
10not more than $491,500 in fiscal year 1994-95 to
may reimburse or supplement the
11reimbursement of the cost of AZT, the drug pentamidine and any drug approved for
12reimbursement under sub. (4) (c) for an applying individual who has HIV infection
13is eligible under sub. (3).
AB150, s. 3063 14Section 3063. 49.487 (title) of the statutes is renumbered 49.687 (title).
AB150, s. 3064 15Section 3064. 49.487 (1) of the statutes is renumbered 49.687 (1) and amended
16to read:
AB150,1091,2217 49.687 (1) The department shall promulgate rules that require a person who
18is eligible for benefits under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685 and
19whose current income exceeds specified limits to obligate or expend specified
20portions of the income for medical care for treatment of kidney disease, cystic fibrosis
21or hemophilia before receiving benefits under s. 49.48, 49.483 or 49.485 49.68, 49.683
22or 49.685
.
AB150, s. 3065
1Section 3065. 49.487 (2) of the statutes is renumbered 49.687 (2) and
2amended to read:
AB150,1092,103 49.687 (2) The department shall develop and implement a sliding scale of
4patient liability for kidney disease aid under s. 49.48 49.68, cystic fibrosis aid under
5s. 49.483 49.683 and hemophilia treatment under s. 49.485 49.685, based on the
6patient's ability to pay for treatment. To ensure that the needs for treatment of
7patients with lower incomes receive priority within the availability of funds under
8s. 20.435 (1) (e), the department shall revise the sliding scale for patient liability by
9January 1, 1994, and shall, every 3 years thereafter by January 1, review and, if
10necessary, revise the sliding scale.
AB150, s. 3066 11Section 3066. 49.49 (6) of the statutes is created to read:
AB150,1092,1812 49.49 (6) Recovery. In addition to other remedies available under this section,
13the court may award the department of justice the costs of investigation, an amount
14reasonably necessary to remedy the harmful effects of the violation and the expenses
15of prosecution, including attorney fees, from any person who violates this section.
16The department of justice shall deposit in the state treasury for deposit in the general
17fund all moneys that the court awards to the department or the state under this
18subsection.
AB150, s. 3067 19Section 3067. 49.493 (1) of the statutes is renumbered 49.493 (1) (intro.) and
20amended to read:
AB150,1092,2121 49.493 (1) (intro.) In this section, "uninsured:
AB150,1092,24 22(c) "Uninsured health plan" means a partially or wholly uninsured plan,
23including a plan that is subject to 29 USC 1001 to 1461, providing health care
24benefits.
AB150, s. 3068 25Section 3068. 49.493 (1) (a) of the statutes is created to read:
AB150,1093,4
149.493 (1) (a) "Department or contract provider" means the department, the
2county providing the medical benefits or assistance or a health maintenance
3organization that has contracted with the department to provide the medical
4benefits or assistance.
AB150, s. 3069 5Section 3069. 49.493 (1) (b) of the statutes is created to read:
AB150,1093,76 49.493 (1) (b) "Medical benefits or assistance" means medical benefits under
7s. 49.02 or 49.046 or medical assistance.
AB150, s. 3070 8Section 3070. 49.493 (2) of the statutes is amended to read:
AB150,1093,129 49.493 (2) The providing of medical benefits or assistance constitutes an
10assignment to the department or contract provider, to the extent of the medical
11benefits or assistance benefits provided, for benefits to which the recipient would be
12entitled under any uninsured health plan.
AB150, s. 3071 13Section 3071. 49.493 (3) (d) of the statutes is amended to read:
AB150,1093,1814 49.493 (3) (d) Impose on the department or contract provider, as assignee of a
15person or a person's dependent who is covered under the uninsured health plan and
16who is eligible for medical benefits or assistance, requirements that are different
17from those imposed on any other agent or assignee of a person who is covered under
18the uninsured health plan.
AB150, s. 3072 19Section 3072. 49.493 (4) of the statutes is amended to read:
AB150,1093,2120 49.493 (4) Benefits provided by an uninsured health plan shall be primary to
21those benefits provided under medical benefits or assistance.
AB150, s. 3073 22Section 3073. 49.495 of the statutes is amended to read:
AB150,1094,8 2349.495 Jurisdiction of the department of justice. The department of
24justice or the district attorney may institute, manage, control and direct, in the
25proper county, any prosecution for violation of criminal laws affecting the medical

1assistance program including but not limited to laws relating to medical assistance
2contained in this chapter subchapter and laws affecting the health, safety and
3welfare of recipients of medical assistance. For this purpose the department of
4justice shall have and exercise all powers conferred upon district attorneys in such
5cases. The department of justice or district attorney shall notify the medical
6examining board or the interested affiliated credentialing board of any such
7prosecution of a person holding a license granted by the board or affiliated
8credentialing board.
AB150, s. 3074 9Section 3074. 49.496 (3) (a) 2. a. of the statutes, as created by 1993 Wisconsin
10Act 437
, is amended to read:
AB150,1094,1311 49.496 (3) (a) 2. a. Home-based or community-based services under 42 USC
121396d
(7) and (8) and under any waiver granted under 42 USC 1396n (c) (4) (B) or
1342 USC 1396u
.
AB150, s. 3075 14Section 3075. 49.496 (4) of the statutes is amended to read:
AB150,1095,315 49.496 (4) Administration. The department may require a county department
16under s. 46.215 or, 46.22 or 46.23 or the governing body of a federally recognized
17American Indian tribe administering medical assistance to gather and provide the
18department with information needed to recover medical assistance under this
19section. The department shall pay to a county department or tribal governing body
20an amount equal to 5% of the recovery collected by the department relating to a
21beneficiary for whom the county department or tribal governing body made the last
22determination of medical assistance eligibility. A county department or tribal
23governing body may use funds received under this subsection only to pay costs
24incurred under this subsection and, if any amount remains, to pay for improvements
25to functions required under s. 46.032 49.33 (2). The department may withhold

1payments under this subsection for failure to comply with the department's
2requirements under this subsection. The department shall treat payments made
3under this subsection as costs of administration of the medical assistance program.
AB150, s. 3076 4Section 3076. 49.496 (5) of the statutes is amended to read:
AB150,1095,115 49.496 (5) Use of funds. From the appropriation under s. 20.435 (1) (im), the
6department shall pay the amount of the payments under sub. (4) that is not paid from
7federal funds, shall pay to the federal government the amount of the funds recovered
8under this section equal to the amount of federal funds used to pay the benefits
9recovered under this section and shall spend the remainder of the funds recovered
10under this section for medical assistance benefits administered under s. 49.45 under
11this subchapter
.
AB150, s. 3077 12Section 3077. 49.497 (2e) of the statutes is created to read:
AB150,1095,1913 49.497 (2e) A county or elected governing body of a federally recognized
14American Indian tribe may assess a fee on a person who fails to comply with a plan
15for recovering benefits distributed under s. 49.46, 49.468 or 49.47, if the person is no
16longer eligible for benefits under those sections. The fee may not exceed 10% of the
17amount remaining to be recovered at the time of the noncompliance and may not be
18assessed more than once with respect to the same overpayment. The fee may be
19retained by the county or tribal governing body.
AB150, s. 3078 20Section 3078. 49.497 (2m) of the statutes is created to read:
AB150,1095,2521 49.497 (2m) The department may charge a county, or an elected governing body
22of a federally recognized American Indian tribe or band, for the administrative costs
23that are incurred by the department of health and social services and the department
24of revenue and that are related to certifications under s. 46.254 (2) to recover
25payments made incorrectly for benefits under s. 49.46, 49.468 or 49.47.
AB150, s. 3079
1Section 3079. 49.497 (2m) of the statutes, as created by 1995 Wisconsin Act
2.... (this act), is amended to read:
AB150,1096,73 49.497 (2m) The department may charge a county, or an elected governing body
4of a federally recognized American Indian tribe or band, for the administrative costs
5that are incurred by the department of health and social services and the department
6of revenue and that are related to certifications under s. 46.254 49.85 (2) (a) to recover
7payments made incorrectly for benefits under s. 49.46, 49.468 or 49.47.
****Note: This is reconciled s. 49.497 (2m). This Section has been affected by
drafts with the following LRB numbers: -0727/4 and 2153/3.
AB150, s. 3080 8Section 3080. The unnumbered subchapter title preceding 49.50 of the
9statutes is repealed.
****Note: This is the reconciled unnumbered subchapter title preceding s. 49.50. This
Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.
AB150, s. 3081 10Section 3081. 49.50 (title) of the statutes is repealed.
AB150, s. 3082 11Section 3082. 49.50 (1) (title) of the statutes is repealed.
AB150, s. 3083 12Section 3083. 49.50 (1) of the statutes is renumbered 49.001 (1) and amended
13to read:
AB150,1096,1614 49.001 (1) In this section, "child "Child care provider" means a child care
15provider that is licensed under s. 48.65 (1), certified under s. 48.651 or established
16or contracted for under s. 120.13 (14).
AB150, s. 3084 17Section 3084. 49.50 (2) of the statutes is renumbered 49.33 (4).
AB150, s. 3085 18Section 3085. 49.50 (3) of the statutes is renumbered 49.33 (5).
AB150, s. 3086 19Section 3086. 49.50 (4) of the statutes is renumbered 49.33 (6).
AB150, s. 3087 20Section 3087. 49.50 (5) of the statutes is renumbered 49.33 (7) and amended
21to read:
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