LRB-3371/1
RLR:wlj:pg
2007 - 2008 LEGISLATURE
December 6, 2007 - Introduced by Law Revision Committee. Referred to
Committee on Aging and Long Term Care.
AB616,1,5
1An Act to amend 46.27 (1) (bm), 46.2805 (1) (a) and 149.12 (2) (g) 4.; and
to
2create 49.45 (58) of the statutes;
relating to: authorization to administer the
3Program for All-Inclusive Care for the Elderly under the Medical Assistance
4program (suggested as remedial legislation by the Department of Health and
5Family Services).
Analysis by the Legislative Reference Bureau
The Program for All-Inclusive Care for the Elderly (PACE) is a federally
authorized Medicaid program under which states may contract with an entity to
provide comprehensive health care services for a capitated payment to elderly people
who require the level of care provided in a nursing facility. Federal law initially
authorized PACE as a Medicaid waiver program, and the Department of Health and
Family Services obtained a federal Medicaid waiver to administer PACE. Current
federal law provides that states may administer PACE under their Medicaid
programs without need of a waiver.
This bill specifies that the Department of Health and Family Services may
administer PACE under the Medical Assistance program (Wisconsin's Medicaid
program).
For further information, see the Notes provided by the Law Revision
Committee of the Joint Legislative Council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Department of Health and Family Services and introduced by
the Law Revision Committee under s. 13.83 (1) (c) 4., stats. After careful consideration
of the various provisions of the bill, the Law Revision Committee has determined that this
bill makes minor substantive changes in the statutes, and that these changes are
desirable as a matter of public policy.
AB616, s. 1
1Section
1. 46.27 (1) (bm) of the statutes is amended to read:
AB616,2,52
46.27
(1) (bm) "Private nonprofit agency" means a nonprofit corporation, as
3defined in s. 181.0103 (17), which provides a program of all-inclusive care for
persons
4aged 65 or older authorized under 42 USC 1395 to 1395ggg and which participates
5in the On Lok replication initiative the elderly under 42 USC 1395eee or 1396u-4.
AB616, s. 2
6Section
2. 46.2805 (1) (a) of the statutes is amended to read:
AB616,2,97
46.2805
(1) (a) A program of all-inclusive care for
persons aged 65 or older
8authorized under 42 USC 1395 to 1395ggg the elderly under 42 USC 1395eee or
91396u-4.
AB616, s. 3
10Section
3. 49.45 (58) of the statutes is created to read:
AB616,2,1311
49.45
(58) Program for all-inclusive care for the elderly. The department
12may administer the program of all-inclusive care for the elderly under
42 USC
131396u-4.
AB616, s. 4
14Section
4. 149.12 (2) (g) 4. of the statutes is amended to read:
AB616,2,1715
149.12
(2) (g) 4. Services provided under the program of all-inclusive care for
16persons aged 55 or older authorized under 42 USC 1396u-4 the elderly under s.
1749.45 (58).
Note: This bill corrects the statutory references to the U.S. Code for the program
of all-inclusive care for the elderly. The new statutory references to the U.S. Code reflect
that the program is no longer a medical assistance waiver program; rather, it is now
administered under the medical assistance program without the need for a waiver.
