LRB-4291/1
KMS:amn
2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 616
November 2, 2023 - Introduced by Representatives HURD, BORN, SUMMERFIELD,
ARMSTRONG, DALLMAN, DITTRICH, DRAKE, DUCHOW, EDMING, GUNDRUM, KURTZ,
MURPHY, NOVAK, RODRIGUEZ, ROZAR, SCHUTT, STEFFEN, SUBECK, WICHGERS,
GOEBEN and KITCHENS, cosponsored by Senators MARKLEIN, JAMES, BALLWEG,
FELZKOWSKI, FEYEN, JAGLER, TESTIN, NASS, CABRAL-GUEVARA and COWLES.
Referred to Committee on Health, Aging and Long-Term Care.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 49.45 (53m) of the statutes; relating to: Medical Assistance
coverage of services provided in an institution for mental disease.
Analysis by the Legislative Reference Bureau
Currently, the Department of Health Services administers the Medical
Assistance (MA) program, which is a joint federal and state program that provides
health services to individuals who have limited financial resources. Generally, under
the MA program, the state provides its share of the funding for benefits and the
federal government then contributes its designated share of funding, also known as
federal financial participation.
Under current law, DHS may, but is not required to, cover under the MA
program the costs of services provided to MA beneficiaries in an institution for
mental disease if federal financial participation is available and certain other
requirements are met; under this bill, DHS must cover the costs of those services
under the MA program if federal funding participation is available and certain other
requirements are met. The bill also requires DHS, by January 1, 2025, to submit a
request to the federal Department of Health and Human Services for any waiver or
approval necessary to provide MA coverage, with federal funding participation, of
short-term stays for acute care in an institution for mental disease.
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:
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SECTION 1 ASSEMBLY BILL 616
SECTION 1. 49.45 (53m) of the statutes is amended to read:
49.45 (53m) COVERAGE PROGRAM FOR INSTITUTIONS FOR MENTAL DISEASE. Subject
to any necessary waiver or other approval of from the federal department of health
and human services, or as otherwise permitted under federal law, the department
may shall, if federal funding participation is available, provide Medical Assistance
coverage of services provided in an institution for mental disease to persons ages 21
to 64.
SECTION 2.0Nonstatutory provisions.
(1) No later than January 1, 2025, the department of health services shall
submit a request to the federal department of health and human services for any
waiver or approval necessary to provide Medical Assistance coverage with federal
funding participation for Medical Assistance beneficiaries who receive services
during short-term stays for acute care in psychiatric hospitals or residential
treatment settings that qualify as an institution for mental disease.
(END)
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