2011 Wisconsin Laws 49.45 – Medical assistance; administration
49.45(2)(a)10.
10.
49.45(2)(a)11.b.
b. Promulgate rules to implement this subdivision.
49.45(2m)(b)5.
5. Improving the health status of individuals who receive benefits under a Medical Assistance program.
49.45(3)(h)1n.
1n. The department shall promulgate rules to implement this paragraph.
49.45(3)(L)5.
5. The department shall administer this paragraph consistently with 42 USC 1395nn and 42 USC 1396b (s).
49.45(6c)(a)4.b.
b. A severe, chronic disability that meets all of the conditions for individuals with related conditions as specified in 42 CFR 435.1009.
49.45(6c)(d)
(d) Payment for facility care.
49.45(6m)
(6m) Payment to facilities.
49.45(6m)(ag)7.
7. Assurance of an acceptable quality of care for all medical assistance recipients provided nursing home care.
49.45(6m)(am)2.a.
a. Dietary service for the provision of meals to facility residents.
49.45(6m)(bo)
(bo) The department may establish payment methods for capital payment for a newly constructed facility that first provided services after June 30, 1984.
49.45(6w)(a)3.
3. Funds of a city or village, for a hospital owned and operated by a city or village.
49.45(6w)(b)2.a.
a. Provision by the state of matching funds from general purpose revenues for a hospital operated by the state.
49.45(6z)(a)2.
2. Exceed the limitation on payment under 42 USC 1396r-4 (f) (B) in any fiscal year.
49.45(13)
(13) Financial reports.
49.45(18)(b)12.
12. Case management services.
49.45(19)(a)
(a) As a condition of eligibility for medical assistance, a person shall:
49.45(21)(ag)4.
4. The right to contact and offer services to patients, clients, or residents served by the provider.
49.45(24g)(a)1.
1. The provider is recognized by the National Committee on Quality Assurance as a Patient-Centered Medical Home.
49.45(24g)(a)2.e.
e. Adoption and implementation of guidelines that are based on evidence for treatment and management of at least 3 chronic conditions.
49.45(25)
(25) Case management services.
49.45(25)(a)2.
2. Are expected to persist for at least one year;
49.45(25)(am)8.
8. Is age 65 or over.
49.45(25)(am)13.
13. Is a child with asthma.
49.45(25g)(b)2.a.
a. Adoption of written standards for patient access and patient communication.
49.45(25g)(b)2.d.
d. Use of data to identify diagnoses and conditions among the provider’s patients that have a lasting detrimental effect on health.
49.45(30e)(b)3.
3. Requirements for certification of community-based psychosocial service programs.
49.45(39)
(39) School medical services.
49.45(42m)
(42m) Physical and occupational therapy.
49.45(50)(a)5.
5. Outcomes research, information, and technology.
49.45(52)(b)1.
1. Annually, a county department under § 46.215, 46.22, 46.23, 51.42, or 51.437 shall submit a certified cost report that meets the requirements of the federal department of health and human services for covered services under s. 49.46 (2) (a) 2. and 4. d. and f. and (b) 6. b., c., f., fm., g., j., k., L., Lm., and m., 9., 12., 12m., 13., 15., and 16., except for services specified under s. 49.46 (2) (b) 6. b. and c. provided to children participating in the early intervention program under § 51.44.
49.45(56)(e)
(e) Focus on patient care interventions for certain chronic conditions, to reduce hospital admissions.
49.45(2)(b)9.
9. After providing reasonable notice and opportunity for a hearing, charge an assessment to a provider that repeatedly has been subject to recoveries under par. (a) 10. a. because of the provider’s failure to follow identical or similar billing procedures or to follow other identical or similar program requirements. The assessment shall be used to defray in part the costs of audits and investigations by the department under sub. (g) and may not exceed $1,000 or 200% of the amount of any such repeated recovery made, whichever is greater. The provider shall pay the assessment to the department within 10 days after receipt of notice of the assessment or the final decision after administrative hearing, whichever is later. The department may recover any part of an assessment not timely paid by offsetting the assessment against any medical assistance payment owed to the provider and may refer any unpaid assessments not collected in this manner to the attorney general, who may proceed with collection under this subdivision. Failure to timely pay in any manner an assessment charged under this subdivision, other than an assessment that is offset against any medical assistance payment owed to the provider, is grounds for decertification under par. (a) 12. A provider’s payment of an assessment does not relieve the provider of any other legal liability incurred in connection with the recovery for which the assessment is charged, but is not evidence of violation of a statute or rule. The department shall credit all assessments received under this subdivision to the appropriation account under § 20.435 (4)(iL). The department shall promulgate rules to implement this subdivision.
49.45(2)(a)10.c.
c. Promulgate rules to implement this subdivision.
49.45(2)(a)12.
12.
49.45(2)(a)12.b.
b. Promulgate rules to implement this subdivision.
49.45(2)(b)
(b) The department may:
49.45(2)(b)5.
5. Enter into contracts with providers who donate their services at no charge or who provide services for reduced payments.
49.45(2)(a)12.a.
a. Decertify a provider from or restrict a provider’s participation in the medical assistance program, if after giving reasonable notice and opportunity for hearing the department finds that the provider has violated a federal statute or regulation or a state statute or administrative rule and the violation is, by statute, regulation, or rule, grounds for decertification or restriction. The department shall suspend the provider pending the hearing under this subdivision if the department includes in its decertification notice findings that the provider’s continued participation in the medical assistance program pending hearing is likely to lead to the irretrievable loss of public funds and is unnecessary to provide adequate access to services to medical assistance recipients. As soon as practicable after the hearing, the department shall issue a written decision. No payment may be made under the medical assistance program with respect to any service or item furnished by the provider subsequent to decertification or during the period of suspension.
49.45(2)(a)12r.
12r. Notify the medical examining board, or any affiliated credentialing board attached to the medical examining board, of any decertification or suspension of a person holding a license granted by the board or the affiliated credentialing board if the grounds for the decertification or suspension include fraud or a quality of care issue.
49.45(2)(a)13.
13. Impose additional sanctions for noncompliance with the terms of provider agreements under subd. 9. or certification criteria established under subd. 11.
49.45
49.45 Medical assistance; administration.
49.45(1)
(1) Purpose. To provide appropriate health care for eligible persons and obtain the most benefits available under Title XIX of the federal social security act, the department shall administer medical assistance, rehabilitative and other services to help eligible individuals and families attain or retain capability for independence or self-care as hereinafter provided.
49.45(2)
(2) Duties.
49.45(2)(a)
(a) The department shall:
49.45(2)(a)1.
1. Exercise responsibility relating to fiscal matters, the eligibility for benefits under standards set forth in §§ 49.46 to 49.471, and general supervision of the medical assistance program.
49.45(2)(a)2.
2. Employ necessary personnel under the classified service for the efficient and economical performance of the program and shall supply residents of this state with information concerning the program and procedures.
49.45(2)(a)5.
5. Cooperate with the division for learning support, equity and advocacy in the department of public instruction to carry out the provisions of Title XIX.
49.45(2)(a)6.
6. Appoint such advisory committees as are necessary and proper.
49.45(2)(a)9.
9. Periodically set forth conditions of participation and reimbursement in a contract with provider of service under this section.
49.45(2)(a)3.
3. Determine the eligibility of persons for medical assistance, rehabilitative, and social services under §§ 49.46, 49.468, 49.47, and 49.471 and rules and policies adopted by the department and may, under a contract under § 49.78 (2), delegate all, or any portion, of this function to the county department under § 46.215, 46.22, or 46.23 or a tribal governing body.
49.45(2)(a)4.
4. To the extent funds are available under § 20.435 (4)(bm), certify all proper charges and claims for administrative services to the department of administration for payment and the department of administration shall draw its warrant forthwith.
49.45(2)(a)7.
7. Cooperate with the federal authorities for the purpose of providing the assistance and services available under Title XIX to obtain the best financial reimbursement available to the state from federal funds.
49.45(2)(a)8.
8. Periodically report to the joint committee on finance concerning projected expenditures and alternative reimbursement and cost control policies in the medical assistance program.
49.45(2)(a)10.a.
a. After reasonable notice and opportunity for hearing, recover money improperly or erroneously paid or overpayments to a provider by offsetting or adjusting amounts owed the provider under the program, crediting against a provider’s future claims for reimbursement for other services or items furnished by the provider under the program, or requiring the provider to make direct payment to the department or its fiscal intermediary.
49.45(2)(a)10.b.
b. Establish a deadline for payment of a recovery imposed under this subdivision and, if a provider fails to pay all of the amount to be recovered by the deadline, require payment, by the provider, of interest on any delinquent amount at the rate of 1% per month or fraction of a month from the date of the overpayment.
49.45(2)(a)11.
11.
49.45(2)(a)11.a.
a. Establish criteria for certification of providers of medical assistance and, except as provided in par. (b) 6m. and § 49.48, and subject to par. (b) 7. and 8., certify providers who meet the criteria.
49.45(2)(a)14.
14. Assure due process in implementing subds. 12. and 13. by providing written notice, a fair hearing and a written decision.
49.45(2)(a)15.
15. Routinely provide notification to persons eligible for medical assistance, or such persons’ guardians, of the department’s access to provider records.
49.45(2)(a)16.
16. Notify the joint committee on finance and appropriate standing committees in each house of the legislature prior to renewing, extending or amending the claims processing contract under the medical assistance program.
49.45(2)(a)18.
18. Conduct outreach for the early and periodic screening, diagnosis and treatment program as required under 42 CFR 441. This activity is limited to persons under 21 years of age who have been determined to be eligible for medical assistance.
49.45(2)(a)19.
19. Contract with a county department under § 46.21, 46.23, 51.42 or 51.437 to perform preadmission screening and resident review under sub. (6c).
49.45(2)(a)20.
20. Submit a report, by May 1, 1991, and annually thereafter, to the joint committee on finance on the participation rates of children in the early and periodic screening and diagnosis program.
49.45(2)(a)22.
22. After consulting with counties, independent living centers, consumer organizations and home health agencies, periodically identify those barriers to the provision of personal care services under s. 49.46 (2) (b) 6. j. which lead to a failure to respond to the needs and preferences of individuals who are eligible for these services and act to remove the barriers to the extent possible.
49.45(2)(a)23.
23. Promulgate rules that define “supportive services”, “personal services” and “nursing services” provided in a certified residential care apartment complex, as defined under § 50.01 (1d), for purposes of reimbursement under ss. 46.27 (11) (c) 7. and 46.277 (5) (e).
49.45(2m)(b)4.
4. Advancing the accuracy and reliability of eligibility for Medical Assistance programs and claims determinations and payments.
49.45(2m)(b)6.
6. Aligning Medical Assistance program benefit recipient and service provider incentives with health care outcomes.
49.45(2m)(b)7.
7. Supporting responsibility and choice of medical assistance recipients.
49.45(2)(a)24.
24. In consultation with hospitals, health maintenance organizations, county departments of social services and of human services and other interested parties, develop and, not later than January 1, 1999, implement a process for expediting medical assistance eligibility determinations for persons in urgent medical situations. The department shall promulgate any rules necessary for the implementation of that process.
49.45(2)(a)24m.
24m. Promulgate rules that require that the written plan of care for persons receiving personal care services under medical assistance be reviewed by a registered nurse at least every 60 days. The rules shall provide that the written plan of care shall designate intervals for visits to the recipient’s home by a registered nurse as part of the review of the plan of care. The designated intervals for visits shall be based on the individual recipient’s needs, and each recipient shall be visited in his or her home by a registered nurse at least once in every 12-month period. The rules shall also provide that a visit to the recipient is also required if, in the course of the nurse’s review of the plan of care, there is evidence that a change in the recipient’s condition has occurred that may warrant a change in the plan of care.
49.45(2)(b)1.
1. Direct a county department under § 46.215, 46.22 or 46.23 to perform other functions, responsibilities and services, including any functions related to health maintenance organizations, limited service health organizations and preferred provider plans.
49.45(2)(b)2.
2. Contract with any organization whether or not organized for profit to administer, in full or in part, the benefits under the medical assistance program including prepaid health care. The department shall accept bids on contracts for administrative services and services evaluating the medical assistance program as provided in ch. 16, but may accept the contract deemed most advantageous for claims processing services; or contract with any insurer authorized under the insurance code of this state to insure the program in full or in part and on behalf of the department. The department shall submit a report each December 31 to the governor, the joint committee on finance and the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under § 13.172 (3), regarding the effectiveness of the management information system for monitoring and analyzing medical assistance expenditures.
49.45(2)(b)3.
3. Audit all claims filed by any contractor making the payment of benefits paid under §§ 49.46 to 49.471 and make proper fiscal adjustments.
49.45(2)(b)4.
4. Audit claims filed by any provider of medical assistance, and as part of that audit, request of any such provider, and review, medical records of individuals who have received benefits under the medical assistance program.
49.45(2)(b)6m.
6m. Limit the number of providers of particular services that may be certified under par. (a) 11. or the amount of resources, including employees and equipment, that a certified provider may use to provide particular services to medical assistance recipients, if the department finds that existing certified providers and resources provide services that are adequate in quality and amount to meet the need of medical assistance recipients for the particular services; and if the department finds that the potential for medical assistance fraud or abuse exists if additional providers are certified or additional resources are used by certified providers. The department shall promulgate rules to implement this subdivision.
49.45(25g)(b)2.h.
h. Systematic tracking of referrals using a paper or electronic system.
49.45(2)(b)7.
7. Require, as a condition of certification under par. (a) 11., all providers of a specific service that is among those enumerated under § 49.46 (2), 49.47 (6) (a), or 49.471 (11), as specified in this subdivision, to file with the department a surety bond issued by a surety company licensed to do business in this state. Providers subject to this subdivision provide those services specified under § 49.46 (2), 49.47 (6) (a), or 49.471 (11) for which providers have demonstrated significant potential to violate § 49.49 (1)(a), (2) (a) or (b), (3), (3m) (a), (3p), (4) (a), or (4m) (a), to require recovery under par. (a) 10., or to need additional sanctions under par. (a) 13. The surety bond shall be payable to the department in an amount that the department determines is reasonable in view of amounts of former recoveries against providers of the specific service and the department’s costs to pursue those recoveries. The department shall promulgate rules to implement this subdivision that specify all of the following:
49.45(2)(b)7.b.
b. The amount or amounts of the surety bonds.
49.45(2m)
(2m) Authorization for modifications to programs; study.
49.45(2m)(b)1.
1. Increasing the cost effectiveness and efficiency of care and the care delivery system for Medical Assistance programs.
49.45(2m)(b)2.
2. Limiting switching from private health insurance to Medical Assistance programs.
49.45(2m)(b)3.
3. Ensuring the long-term viability and sustainability of Medical Assistance programs.
49.45(2)(b)7.a.
a. Services under medical assistance for which providers have demonstrated significant potential to violate § 49.49 (1)(a), (2) (a) or (b), (3), (3m) (a), (3p), (4) (a), or (4m) (a), to require recovery under par. (a) 10., or to need additional sanctions under par. (a) 13.
49.45(2)(b)7.c.
c. Terms of the surety bond, including amounts, if any, without interest to be refunded to the provider upon withdrawal or decertification from the medical assistance program.
49.45(2)(b)8.
8. Require a person who takes over the operation, as defined in sub. (ag), of a provider, to first obtain certification under par. (a) 11. for the operation of the provider, regardless of whether the person is currently certified. The department may withhold the certification required under this subdivision until any outstanding repayment under sub. (21) is made. The department shall promulgate rules to implement this subdivision.
49.45(2m)(a)
(a) In this subsection, “Medical Assistance program” includes any program operated under this subchapter, demonstration program operated under 42 USC 1315, and program operated under a waiver of federal law relating to medical assistance that is granted by the federal department of health and human services.
49.45(2m)(b)
(b) The department shall study potential changes to the Medical Assistance state plan and to waivers of federal law relating to medical assistance obtained from the federal department of health and human services for all of the following purposes:
49.45(3)(L)4.
4. Any person who fails to comply with subd. 3. may be required to forfeit not more than $10,000. Each day of continued failure to comply constitutes a separate offense.
49.45(3)(m)
(m)
49.45(5)
(5) Appeal.
49.45(2m)(c)
(c) Subject to par. (d), if the department determines, as a result of the study under par. (b), that revision of existing statutes or rules would be necessary to advance a purpose described in par. (b) 1. to 7., the department may propose a policy that makes any of the following changes related to Medical Assistance programs:
49.45(2m)(c)1.
1. Requires cost sharing from program benefit recipients up to the maximum allowed by federal law or a waiver of federal law.
49.45(2m)(c)2.
2. Authorizes providers to deny care or services if a program benefit recipient is unable to share costs, to the extent allowed by federal law or waiver.
49.45(2m)(c)3.
3. Modifies existing benefits or establishes various benefit packages and offers different packages to different groups of recipients.
49.45(2m)(c)4.
4. Revises provider reimbursement models for particular services.
49.45(2m)(c)5.
5. Mandates that program benefit recipients enroll in managed care.
49.45(2m)(c)6.
6. Restricts or eliminates presumptive eligibility.
49.45(2m)(c)7.
7. To the extent permitted by federal law, imposes restrictions on providing benefits to individuals who are not citizens of the United States.
49.45(2m)(c)8.
8. Sets standards for establishing and verifying eligibility requirements.
49.45(2m)(c)9.
9. Develops standards and methodologies to assure accurate eligibility determinations and redetermines continuing eligibility.
49.45(2m)(c)10.
10. Reduces income levels for purposes of determining eligibility to the extent allowed by federal law or waiver and subject to the limitations under par. (e) 2.
49.45(2m)(e)
(e)
49.45(2m)(e)1.
1. Subject to par. (d), the department shall submit an amendment to the state Medical Assistance plan or request a waiver of federal laws related to medical assistance, if necessary, to the extent necessary to implement any policy created under par. (c). If the federal department of health and human services does not allow the amendment or does not grant the waiver, the department may not implement the policy.
49.45(3)
(3) Payment.
49.45(3)(b)
(b)
49.45(2m)(d)
(d) Before implementing a policy proposed under par. (c) that conflicts with a statute, and before submitting any amendment or waiver request under par. (e) that is necessary to implement any such policy, the department shall submit to the joint committee on finance the proposed amendment or waiver request and estimates of the projected cost savings associated with that amendment or waiver request. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department’s submittal that the committee has scheduled a meeting for the purpose of reviewing the proposed amendment or waiver request, the proposed amendment or waiver request may be submitted to the federal department of health and human services. If, within 14 working days after the date of the department’s submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed amendment or waiver request, the proposed amendment or waiver requested may be submitted only on approval of the committee.
49.45(2m)(e)2.
2. The department shall request a waiver from the secretary of the federal department of health and human services to permit the department to have in effect eligibility standards, methodologies, and procedures under the state Medical Assistance plan or waivers of federal laws related to medical assistance that are more restrictive than those in place on March 23, 2010. If the waiver request does not receive federal approval before December 31, 2011, the department shall reduce income levels on July 1, 2012, for the purposes of determining eligibility to 133 percent of the federal poverty line for adults who are not pregnant and not disabled, to the extent permitted under 42 USC 1396a (gg), if the department follows the procedures under 42 USC 1396a (gg) (3).
49.45(2m)(f)
(f) Within 90 days after July 1, 2011, and every 90 days thereafter, the department shall submit to the joint committee on finance a report that contains all of the following information:
49.45(2m)(f)1.
1. An updated description of any Medical Assistance program changes implemented by the department, including any amendments to the Medical Assistance state plan.
49.45(2m)(f)2.
2. An updated estimate of the projected savings associated with any changes described under subd. 1.
49.45(2m)(f)3.
3. An updated projection of the total Medical Assistance program benefit expenditures during the fiscal biennium and an analysis of how these projected expenditures compare to the funding provided in the 2011-13 biennial budget act.
49.45(3)(ag)
(ag) Reimbursement shall be made to each entity contracted with under § 46.283 (2) for functional screenings performed by the entity.
49.45(3)(e)4.
4. If the department maintains a retrospective reimbursement system under subd. 1. for specific provided services or commodities, total reimbursement for allowable services, care or commodities provided recipients during the hospital’s fiscal year may not exceed the lower of the hospital’s charges for the services or the actual and reasonable allowable costs to the hospital of providing the services, plus any disproportionate share funding that the hospital is qualified to receive under 42 USC 1396r-4.
49.45(3)(L)1.d.
d. “Referral” has the meaning given in 42 USC 1395nn (h) (5).
49.45(6c)(a)5.
5. “Facility” has the meaning given under 42 USC 1396r (a).
49.45(6c)(a)7.
7. “Mental illness” has the meaning given in 42 USC 1396r (e).
49.45(6c)(c)1.
1. Whether the resident needs facility care.
49.45(3)(a)
(a) Reimbursement shall be made to each county department under §§ 46.215, 46.22, and 46.23 for any administrative services performed in the Medical Assistance program on the basis of § 49.78 (8). For purposes of reimbursement under this paragraph, assessments completed under § 46.27 (6)(a) are administrative services performed in the Medical Assistance program.
49.45(3)(b)1.
1. The contractor, if any, administering benefits or providing prepaid health care under § 49.46, 49.465, 49.468, 49.47, or 49.471 shall be entitled to payment from the department for benefits so paid or prepaid health care so provided or made available when a certification of eligibility is properly on file with the contractor in addition to the payment of administrative expense incurred pursuant to the contract and as provided in sub. (2) (a) 4., but the contractor shall not be reimbursed for benefits erroneously paid where no certification is on file.
49.45(3)(L)2.
2. The department may not pay a provider for a designated health service that is authorized under this section or § 49.46, 49.47, or 49.471, that is provided as the result of a referral made to the provider by a physician and that, under 42 USC 1396b (s), if made on behalf of a beneficiary of medicare under the requirements of 42 USC 1395nn, as amended to August 10, 1993, would result in the denial of payment for the service under 42 USC 1395nn.
49.45(3)(L)3.
3. A provider shall submit to the department information concerning the ownership arrangements of the provider or the entity of which the provider is a part that corresponds to the information required of providers under 42 USC 1395nn (f), as amended to August 10, 1993.