Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB616 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	Date of enactment:
2		-	2023 Assembly Bill 616 Date of publication*:
3		-	2023 WISCONSIN ACT
4		-	AN ACT to amend 49.45 (53m) of the statutes; relating to: Medical Assistance coverage of services provided in
5		-	an institution for mental disease.
6		-	The people of the state of Wisconsin, represented in
7		-	senate and assembly, do enact as follows:
8		-	SECTION 1. 49.45 (53m) of the statutes is amended to
9		-	read:
10		-	49.45 (53m) COVERAGE PROGRAM FOR INSTITUTIONS
11		-	FOR MENTAL DISEASE. Subject to any necessary waiver or
12		-	other approval of from the federal department of health
13		-	and human services, or as otherwise permitted under fed-
14		-	eral law, the department may shall, if federal funding par-
15		-	ticipation is available, provide Medical Assistance cov-
16		-	erage of services provided in an institution for mental
17		-	disease to persons ages 21 to 64.
	1	+	LRB-4291/1
	2	+	KMS:amn
	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 ASSEMBLY BILL 616
	5	+	November 2, 2023 - Introduced by Representatives HURD, BORN, SUMMERFIELD,
	6	+	ARMSTRONG, DALLMAN, DITTRICH, DRAKE, DUCHOW, EDMING, GUNDRUM, KURTZ,
	7	+	MURPHY, NOVAK, RODRIGUEZ, ROZAR, SCHUTT, STEFFEN, SUBECK, WICHGERS,
	8	+	GOEBEN and KITCHENS, cosponsored by Senators MARKLEIN, JAMES, BALLWEG,
	9	+	FELZKOWSKI, FEYEN, JAGLER, TESTIN, NASS, CABRAL-GUEVARA and COWLES.
	10	+	Referred to Committee on Health, Aging and Long-Term Care.
	11	+	*AUTHORS SUBJECT TO CHANGE*
	12	+	AN ACT to amend 49.45 (53m) of the statutes; relating to: Medical Assistance
	13	+	coverage of services provided in an institution for mental disease.
	14	+	Analysis by the Legislative Reference Bureau
	15	+	Currently, the Department of Health Services administers the Medical
	16	+	Assistance (MA) program, which is a joint federal and state program that provides
	17	+	health services to individuals who have limited financial resources. Generally, under
	18	+	the MA program, the state provides its share of the funding for benefits and the
	19	+	federal government then contributes its designated share of funding, also known as
	20	+	federal financial participation.
	21	+	Under current law, DHS may, but is not required to, cover under the MA
	22	+	program the costs of services provided to MA beneficiaries in an institution for
	23	+	mental disease if federal financial participation is available and certain other
	24	+	requirements are met; under this bill, DHS must cover the costs of those services
	25	+	under the MA program if federal funding participation is available and certain other
	26	+	requirements are met. The bill also requires DHS, by January 1, 2025, to submit a
	27	+	request to the federal Department of Health and Human Services for any waiver or
	28	+	approval necessary to provide MA coverage, with federal funding participation, of
	29	+	short-term stays for acute care in an institution for mental disease.
	30	+	For further information see the state and local fiscal estimate, which will be
	31	+	printed as an appendix to this bill.
	32	+	The people of the state of Wisconsin, represented in senate and assembly, do
	33	+	enact as follows:
	34	+	1
	35	+	2 - 2 -2023 - 2024 Legislature LRB-4291/1
	36	+	KMS:amn
	37	+	SECTION 1 ASSEMBLY BILL 616
	38	+	SECTION 1. 49.45 (53m) of the statutes is amended to read:
	39	+	49.45 (53m) COVERAGE PROGRAM FOR INSTITUTIONS FOR MENTAL DISEASE. Subject
	40	+	to any necessary waiver or other approval of from the federal department of health
	41	+	and human services, or as otherwise permitted under federal law, the department
	42	+	may shall, if federal funding participation is available, provide Medical Assistance
	43	+	coverage of services provided in an institution for mental disease to persons ages 21
	44	+	to 64.
18	45		SECTION 2.0Nonstatutory provisions.
19		-	(1) No later than January 1, 2025, the department of
20		-	health services shall submit a request to the federal
21		-	department of health and human services for any waiver
22		-	or approval necessary to provide Medical Assistance
23		-	coverage with federal funding participation for Medical
24		-	Assistance beneficiaries who receive services during
25		-	short−term stays for acute care in psychiatric hospitals or
26		-	residential treatment settings that qualify as an institution
27		-	for mental disease.
28		-	* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
29		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”
	46	+	(1) No later than January 1, 2025, the department of health services shall
	47	+	submit a request to the federal department of health and human services for any
	48	+	waiver or approval necessary to provide Medical Assistance coverage with federal
	49	+	funding participation for Medical Assistance beneficiaries who receive services
	50	+	during short-term stays for acute care in psychiatric hospitals or residential
	51	+	treatment settings that qualify as an institution for mental disease.
	52	+	(END)
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