LRB-3317/1
FFK&TJD:wlj
2015 - 2016 LEGISLATURE
October 27, 2015 - Introduced by Representatives Pope and Barca. Referred to
Committee on State Affairs and Government Operations.
AB462,1,4
1An Act to amend 49.45 (23) (a), 49.471 (4) (a) 4. b. and 118.60 (2) (a) (intro.); and
2to create 49.471 (1) (cr), 49.471 (4g) and 118.60 (12) of the statutes;
relating
3to: Medicaid expansion, eligibility for BadgerCare Plus and BadgerCare Plus
4Core, and ending the statewide parental choice program.
Analysis by the Legislative Reference Bureau
This bill phases out the statewide parental choice program and requires the
Department of Health Services (DHS) to take the necessary steps to receive federal
Medicaid expansion funding.
Statewide parental choice program
Under this bill, beginning in the 2016-17 school year, no pupil may attend a
private school under the statewide parental choice program unless the pupil was
attending the private school under the statewide parental choice program in the
2015-16 school year. Also under the bill, beginning in the 2016-17 school year, no
private school participating in the statewide parental choice program or the Racine
parental choice program may accept a pupil who resides in a school district other
than the Racine Unified School District or the Milwaukee Public School District
unless the pupil attended that private school under the statewide parental choice
program in the 2015-16 school year. In other words, no pupil may enter the
statewide parental choice program after the 2015-16 school year. This limitation
effectively ends the statewide parental choice program when all of the pupils who
attended a private school under the statewide parental choice program during the
2015-16 school year have exited the program.
Medicaid expansion
The bill changes the family income eligibility level to up to 133 percent of the
federal poverty line for parents and caretaker relatives under BadgerCare Plus
(BC+) and for childless adults under BadgerCare Plus Core (BC+ Core). Currently,
DHS 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. Some MA services are provided through programs that operate under a
waiver of federal Medicaid laws, including services provided through the BC+ and
BC+ Core programs. The federal Patient Protection and Affordable Care Act allows
a state to receive an enhanced federal medical assistance percentage (FMAP)
payment for providing benefits to certain individuals through a state's MA program.
The bill requires DHS to comply with all federal requirements and to request any
amendment to the state MA plan, waiver of Medicaid law, or other federal approval
necessary to qualify for the highest available enhanced FMAP for parents and
caretaker relatives and childless adults eligible for BC+ Core.
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:
AB462,1
1Section
1. 49.45 (23) (a) of the statutes is amended to read:
AB462,2,92
49.45
(23) (a) The department shall request a waiver from the secretary of the
3federal department of health and human services to permit the department to
4conduct a demonstration project to provide health care coverage to adults who are
5under the age of 65, who have family incomes not to exceed
100 133 percent of the
6poverty line
before application of the 5 percent income disregard under 42 CFR
7435.603 (d),
except as provided in s. 49.471 (4g), and who are not otherwise eligible
8for medical assistance under this subchapter, the Badger Care health care program
9under s. 49.665, or Medicare under
42 USC 1395 et seq.
AB462,2
10Section
2. 49.471 (1) (cr) of the statutes is created to read:
AB462,2,1211
49.471
(1) (cr) "Enhanced federal medical assistance percentage" means a
12federal medical assistance percentage described under
42 USC 1396d (y) or (z).
AB462,3
1Section
3. 49.471 (4) (a) 4. b. of the statutes is amended to read:
AB462,3,42
49.471
(4) (a) 4. b.
The Except as provided in sub. (4g), the individual's family
3income does not exceed
100 133 percent of the poverty line
before application of the
45 percent income disregard under 42 CFR 435.603 (d).
AB462,4
5Section
4. 49.471 (4g) of the statutes is created to read:
AB462,3,136
49.471
(4g) Medicaid expansion; federal medical assistance percentage. (a)
7For services provided to individuals described under sub. (4) (a) 4. and s. 49.45 (23),
8the department shall comply with all federal requirements to qualify for the highest
9available enhanced federal medical assistance percentage. The department shall
10submit any amendment to the state medical assistance plan, request for a waiver of
11federal Medicaid law, or other approval required by the federal government to
12provide services to the individuals described under sub. (4) (a) 4. and s. 49.45 (23) and
13qualify for the highest available enhanced federal medical assistance percentage.
AB462,3,2414
(b) If the department does not qualify for an enhanced federal medical
15assistance percentage, or if the enhanced federal medical assistance percentage
16obtained by the department is lower than printed in federal law as of July 1, 2013,
17for individuals eligible under sub. (4) (a) 4. or s. 49.45 (23), the department shall
18submit to the joint committee on finance a fiscal analysis comparing the cost to
19maintain coverage for adults who are not pregnant and not elderly at up to 133
20percent of the poverty line to the cost of limiting eligibility to those adults with family
21incomes up to 100 percent of the poverty line. The department may reduce income
22eligibility for adults who are not pregnant and not elderly from up to 133 percent of
23the poverty line to up to 100 percent of the poverty line only if this reduction in income
24eligibility levels is approved by the joint committee on finance.
AB462,5
25Section
5. 118.60 (2) (a) (intro.) of the statutes is amended to read:
AB462,4,6
1118.60
(2) (a) (intro.) Subject to pars. (ag) and (ar), any pupil in grades
2kindergarten to 12 who resides within an eligible school district may attend any
3private school under this section and, subject to pars. (ag), (ar), (be), (bm), and (bs)
4and sub. (12), any pupil in grades kindergarten to 12 who resides in a school district,
5other than an eligible school district or a 1st class city school district, may attend any
6private school under this section if all of the following apply:
AB462,6
7Section
6. 118.60 (12) of the statutes is created to read:
AB462,4,128
118.60
(12) (a) Beginning in the 2016-17 school year, a pupil who resides in a
9school district, other than an eligible school district or a 1st class city school district,
10may not attend a participating private school under this section unless the pupil
11attended that participating private school under this section in the 2015-16 school
12year.
AB462,4,1613
(b) Beginning in the 2016-17 school year, a private school participating in the
14program under this section may not accept a pupil who resides in a school district
15other than an eligible school district or a 1st class city school district unless the pupil
16attended the private school under this section in the 2015-16 school year.
AB462,7
17Section
7.
Fiscal changes.
AB462,5,218
(1)
Medicaid expansion. In the schedule under section 20.005 (3) of the statutes
19for the appropriation to the department of health services under section 20.435 (4)
20(b) of the statutes, as affected by the acts of 2015, the dollar amount for fiscal year
212015-16 is decreased by $113,100,000 to provide Medical Assistance to certain
22adults with incomes up to 133 percent of the federal poverty line. In the schedule
23under section 20.005 (3) of the statutes for the appropriation to the department of
24health services under section 20.435 (4) (b) of the statutes, as affected by the acts of
252015, the dollar amount for fiscal year 2016-17 is decreased by $247,400,000 to
1provide Medical Assistance to certain adults with incomes up to 133 percent of the
2federal poverty line.
AB462,8
3Section
8.
Effective dates. This act takes effect on the day after publication,
4except as follows:
AB462,5,75
(1)
Medicaid expansion. The treatment of sections 49.45 (23) (a) and 49.471 (1)
6(cr), (4) (a) 4. b., and (4g) takes effect on January 1, 2016, or on the day after
7publication, whichever is later.
