LRB-0878/1
DAK:kmg:cph
2003 - 2004 LEGISLATURE
March 4, 2004 - Introduced by Representative Black. Referred to Committee on
Aging and Long-Term Care.
AB930,1,4
1An Act to amend 49.45 (6v) (b) and 49.45 (6v) (c); and
to create 49.45 (6v) (d)
2and 49.45 (6v) (e) of the statutes;
relating to: the transfer of funds from
3Medical Assistance to the Long-term Support Community Options Program
4under certain conditions.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Health and Family Services (DHFS) is
required to submit a report, annually, to the Joint Committee on Finance (JCF) on
the utilization of beds by medical assistance recipients in nursing homes and
community-based residential facilities (CBRFs). The report must also contain
information on the likely balances, expenditures, encumbrances, and carry-overs for
the appropriation accounts for Medical Assistance (MA) in the fiscal year in which
the report is submitted. If DHFS finds that the utilization of beds by medical
assistance recipients is less than estimated by JCF, the legislature, and the governor
in budget determinations, DHFS must also submit a proposal to JCF to transfer
general purpose revenue (GPR) that is appropriated for MA to the Long-term
Support Community Options Program (COP), and the secretary of health and family
services must transfer the amount. The amount transferred may not result in a
deficit in MA at the end of the fiscal year.
This bill, beginning on July 1, 2004, eliminates the requirement that the report
include information on the appropriation accounts for MA. Instead, under the bill,
the report must include information on the utilization of beds by medical assistance
recipients in nursing homes and CBRFs for the two fiscal years that immediately
precede the fiscal year in which the report is submitted. The bill specifies that, if the
number of beds utilized decreased, DHFS must calculate, under a formula, the
difference in the cost of care for the medical assistance recipients for the two fiscal
years and submit a proposal to JCF to transfer the portion of the difference that is
the state share of MA expenditures to the COP program. JCF may approve or modify
the proposed transfer under a 14-day passive review process. The bill requires that
40% of the amount transferred be expended under the part of COP that is funded
solely from GPR and that 60% of the amount transferred be expended under the part
of COP that is funded from GPR and federal medicaid moneys.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB930, s. 1
1Section
1. 49.45 (6v) (b) of the statutes is amended to read:
AB930,2,92
49.45
(6v) (b)
The Beginning on July 1, 2004, and annually thereafter, the 3department shall
, each year, submit to the joint committee on finance a report
for the
4previous fiscal year, except for the 1997-98 fiscal year, that provides information on
5the utilization of beds by recipients of medical assistance in facilities
and a
6discussion and detailed projection of the likely balances, expenditures,
7encumbrances and carry over of currently appropriated amounts in the
8appropriation accounts under s. 20.435 (4) (b) and (o) for the immediately prior 2
9consecutive fiscal years.
AB930, s. 2
10Section
2. 49.45 (6v) (c) of the statutes is amended to read:
AB930,3,1411
49.45
(6v) (c) If the report specified in par. (b) indicates that utilization of beds
12by recipients of medical assistance in facilities
is less than estimates for that
13utilization reflected in the intentions of the joint committee on finance, legislature
14and governor, as expressed by them in the budget determinations, the department
15shall include a proposal to transfer moneys from the appropriation under s. 20.435
16(4) (b) to the appropriation under s. 20.435 (7) (bd) for the purpose of increasing
1funding for the community options program under s. 46.27. The amount proposed
2for transfer may not reduce the balance in the appropriation account under s. 20.435
3(4) (b) below an amount necessary to ensure that that appropriation account will end
4the current fiscal year or the current fiscal biennium with a positive balance. The
5secretary shall transfer the amount identified under the proposal
decreased during
6the most-recently completed fiscal year from the utilization of beds by medical
7assistance recipients in facilities in the next most-recently completed fiscal year, the
8department shall multiply the difference between the number of days of care
9provided to the recipients in the facilities in each of those prior 2 consecutive fiscal
10years by the average daily costs of care in the facilities for the most-recently
11completed fiscal year. The average daily costs of care shall be calculated by dividing
12the total of Medical Assistance expenditures for care in facilities for the
13most-recently completed fiscal year by the total number of days of care provided in
14facilities in that fiscal year.
AB930, s. 3
15Section
3. 49.45 (6v) (d) of the statutes is created to read:
AB930,4,616
49.45
(6v) (d) If par. (c) applies and if the amount calculated under par. (c) is
17positive, the department's report under par. (b) shall include a proposal to transfer
18an amount equal to the portion of the amount calculated under par. (c) that is the
19state share of Medical Assistance expenditures from the appropriation account
20under s. 20.435 (4) (b) to the appropriation account under s. 20.435 (7) (bd) for the
21purpose of increasing funding for the Long-term Support Community Options
22Program under s. 46.27. If the cochairpersons of the joint committee on finance do
23not notify the secretary within 14 working days after the date on which the
24department submits the proposal that the committee has scheduled a meeting for the
25purpose of reviewing the proposal, the secretary shall transfer the amount identified
1under the proposal. If, within 14 working days after the date on which the
2department submits the proposal, the cochairpersons of the joint committee on
3finance notify the secretary that the committee has scheduled a meeting for the
4purpose of reviewing the proposal, the secretary may transfer moneys from the
5appropriation account under s. 20.435 (4) (b) to the appropriation account under s.
620.435 (7) (bd) only as approved by the committee.
AB930, s. 4
7Section
4. 49.45 (6v) (e) of the statutes is created to read:
AB930,4,108
49.45
(6v) (e) Of the amount required to be transferred by the secretary under
9par. (d), 40% shall be expended for services as specified under s. 46.27 (7) and 60%
10shall be expended for services as specified under s. 46.27 (11).
