Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB236 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 236
5	5	April 28, 2023 - Introduced by Representatives SORTWELL, ARMSTRONG, BEHNKE,
6	6	BROOKS, DONOVAN, GREEN, KITCHENS, MURPHY, MURSAU and ALLEN,
7	7	cosponsored by Senators COWLES and QUINN. Referred to Committee on
8	8	Health, Aging and Long-Term Care.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 49.45 (30d) of the statutes; relating to: reimbursement of
11	11	behavioral health services in school-based settings under the Medical
12	12	Assistance program.
13	13	Analysis by the Legislative Reference Bureau
14	14	Previously, under federal law, services that were provided to a Medical
15	15	Assistance recipient that were available without charge to the recipient or that were
16	16	obligated to be paid by a third party were generally not covered under the Medical
17	17	Assistance program. This policy was interpreted by the federal Centers for Medicare
18	18	and Medicaid Services to generally prevent schools from receiving reimbursement
19	19	for services provided to students who were enrolled under the Medical Assistance
20	20	program if the school did not bill for those services or if the school was obligated to
21	21	provide the services, even if the services provided were otherwise reimbursable
22	22	under the Medical Assistance program. CMS withdrew its prior guidance on this
23	23	policy on December 15, 2014.
24	24	This bill requires the Department of Health Services to submit to the federal
25	25	Department of Health and Human Services a state plan amendment to allow any
26	26	school to seek reimbursement under the Medical Assistance program for behavioral
27	27	health services provided in a school-based setting to a student who is a Medical
28	28	Assistance recipient that would otherwise be covered under the Medical Assistance
29	29	program. The Medical Assistance program is a joint federal and state program that
30	30	provides health services to individuals who have limited financial resources.
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33	33	3 - 2 -2023 - 2024 Legislature LRB-0646/1
34	34	JPC:cjs
35	35	ASSEMBLY BILL 236
36	36	For further information see the state fiscal estimate, which will be printed as
37	37	an appendix to this bill.
38	38	The people of the state of Wisconsin, represented in senate and assembly, do
39	39	enact as follows:
40	40	SECTION 1. 49.45 (30d) of the statutes is created to read:
41	41	49.45 (30d) SCHOOL-BASED BEHAVIORAL HEALTH SERVICES. The department shall
42	42	submit to the federal department of health and human services a state plan
43	43	amendment to allow any school to seek reimbursement under the Medical Assistance
44	44	program for behavioral health services provided in a school-based setting to a
45	45	student who is a Medical Assistance recipient that would otherwise be covered under
46	46	the Medical Assistance program. If the state plan amendment under this subsection
47	47	is approved, the department shall implement the amendment described in this
48	48	subsection. If the federal department of health and human services disapproves the
49	49	state plan amendment, the department may not implement the amendment
50	50	described in this subsection.
51	51	(END)
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