1 | 1 | | LRB-4990/1 |
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2 | 2 | | KMS:amn |
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3 | 3 | | 2023 - 2024 LEGISLATURE |
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4 | 4 | | 2023 SENATE BILL 635 |
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5 | 5 | | November 7, 2023 - Introduced by Senators MARKLEIN, JAMES, BALLWEG, COWLES, |
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6 | 6 | | FELZKOWSKI, FEYEN, JAGLER, TESTIN, CABRAL-GUEVARA and NASS, cosponsored |
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7 | 7 | | by Representatives HURD, BORN, SUMMERFIELD, ARMSTRONG, DALLMAN, |
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8 | 8 | | DITTRICH, DRAKE, DUCHOW, EDMING, GUNDRUM, KITCHENS, KURTZ, MURPHY, |
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9 | 9 | | NOVAK, RODRIGUEZ, ROZAR, SCHUTT, STEFFEN, SUBECK, WICHGERS, GOEBEN and |
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10 | 10 | | JACOBSON. Referred to Committee on Mental Health, Substance Abuse |
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11 | 11 | | Prevention, Children and Families. |
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12 | 12 | | ***AUTHORS SUBJECT TO CHANGE*** |
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13 | 13 | | AN ACT to amend 49.45 (53m) of the statutes; relating to: Medical Assistance |
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14 | 14 | | coverage of services provided in an institution for mental disease. |
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15 | 15 | | Analysis by the Legislative Reference Bureau |
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16 | 16 | | Currently, the Department of Health Services administers the Medical |
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17 | 17 | | Assistance (MA) program, which is a joint federal and state program that provides |
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18 | 18 | | health services to individuals who have limited financial resources. Generally, under |
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19 | 19 | | the MA program, the state provides its share of the funding for benefits and the |
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20 | 20 | | federal government then contributes its designated share of funding, also known as |
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21 | 21 | | federal financial participation. |
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22 | 22 | | Under current law, DHS may, but is not required to, cover under the MA |
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23 | 23 | | program the costs of services provided to MA beneficiaries in an institution for |
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24 | 24 | | mental disease if federal financial participation is available and certain other |
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25 | 25 | | requirements are met; under this bill, DHS must cover the costs of those services |
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26 | 26 | | under the MA program if federal funding participation is available and certain other |
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27 | 27 | | requirements are met. The bill also requires DHS, by January 1, 2025, to submit a |
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28 | 28 | | request to the federal Department of Health and Human Services for any waiver or |
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29 | 29 | | approval necessary to provide MA coverage, with federal funding participation, of |
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30 | 30 | | short-term stays for acute care in an institution for mental disease. |
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31 | 31 | | For further information see the state and local fiscal estimate, which will be |
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32 | 32 | | printed as an appendix to this bill. |
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33 | 33 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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34 | 34 | | enact as follows: |
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35 | 35 | | 1 |
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36 | 36 | | 2 - 2 -2023 - 2024 Legislature LRB-4990/1 |
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37 | 37 | | KMS:amn |
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38 | 38 | | SECTION 1 SENATE BILL 635 |
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39 | 39 | | SECTION 1. 49.45 (53m) of the statutes is amended to read: |
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40 | 40 | | 49.45 (53m) COVERAGE PROGRAM FOR INSTITUTIONS FOR MENTAL DISEASE. Subject |
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41 | 41 | | to any necessary waiver or other approval of from the federal department of health |
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42 | 42 | | and human services, or as otherwise permitted under federal law, the department |
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43 | 43 | | may shall, if federal funding participation is available, provide Medical Assistance |
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44 | 44 | | coverage of services provided in an institution for mental disease to persons ages 21 |
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45 | 45 | | to 64. |
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46 | 46 | | SECTION 2.0Nonstatutory provisions. |
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47 | 47 | | (1) No later than January 1, 2025, the department of health services shall |
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48 | 48 | | submit a request to the federal department of health and human services for any |
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49 | 49 | | waiver or approval necessary to provide Medical Assistance coverage with federal |
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50 | 50 | | funding participation for Medical Assistance beneficiaries who receive services |
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51 | 51 | | during short-term stays for acute care in psychiatric hospitals or residential |
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52 | 52 | | treatment settings that qualify as an institution for mental disease. |
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53 | 53 | | (END) |
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