LRB-1173/1
DAK:kjf:ph
2009 - 2010 LEGISLATURE
March 3, 2009 - Introduced by Senators Leibham, Darling and Robson,
cosponsored by Representatives
LeMahieu, Townsend, Spanbauer,
Petrowski and Kaufert. Referred to Committee on Public Health, Senior
Issues, Long-Term Care, and Job Creation.
SB96,1,3
1An Act to repeal 46.277 (5) (g) 3.; and
to amend 46.277 (5) (g) 1. of the statutes;
2relating to: diversions under a community integration program of Medical
3Assistance-eligible persons from imminent entry into nursing homes.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Health Services (DHS) provides home or
community-based care, under a waiver of federal Medicaid laws, to Medical
Assistance (MA) recipients who are relocated from nursing homes or who meet MA
level of care requirements for nursing home care. The community integration
program under which this care is provided is commonly known as "CIP II." Under
part of CIP II, DHS is authorized to pay an enhanced rate for MA services for persons
who, on or after July 27, 2005, either are relocated from a nursing home or meet MA
level of care requirements and are diverted from imminent entry into a nursing
home, if the total number of persons served does not exceed the number of delicensed
nursing home beds. Payment of the enhanced rate for persons who are diverted from
imminent entry into a nursing home is limited to 150 persons, but, if it is likely that
the number of persons so diverted will exceed 150, DHS may submit a request to the
Joint Committee on Finance (JCF) of the legislature, under a passive review process,
for approval to expand the number of that category of persons served.
This bill eliminates the limitation on the number of persons who meet MA level
of care requirements and are diverted from imminent entry into a nursing home and
for whom an enhanced rate of payment for MA services may be made under CIP II.
The bill also eliminates authority for DHS to submit a request to JCF for approval
to expand the number of that category of persons served.
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:
SB96, s. 1
1Section
1. 46.277 (5) (g) 1. of the statutes is amended to read:
SB96,2,112
46.277
(5) (g) 1. The department may provide enhanced reimbursement for
3services provided under this section to an individual who, on or after July 27, 2005,
4is relocated to the community from a nursing home by a county department or to an
5individual who meets the level of care requirements for Medical Assistance
6reimbursement in a skilled nursing facility or an intermediate care facility and is
7diverted from imminent entry into a nursing home.
Except as provided in subd. 3.,
8the The number of individuals served under this paragraph may not exceed the
9number of nursing home beds that are delicensed as part of plans submitted by
10nursing homes and approved by the department
, and the number of individuals
11diverted from imminent entry into a nursing home may not exceed 150.
SB96, s. 2
12Section
2. 46.277 (5) (g) 3. of the statutes is repealed.
