SB 665 — Relating to: eliminating recovery by the state for birth expenses paid through the Medical Assistance program. (FE)

Bill Text

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Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill eliminates the state's ability to recover birth expenses paid through the Medical Assistance program from fathers of children born to unmarried mothers who received Medical Assistance at the time of birth.

• 49.22 (9m)

  Neither the department nor its designee may seek recovery from an alleged father of pregnancy or birth expenses paid by the state under the Medical Assistance program on behalf of an unmarried person who gave birth and who was a recipient of Medical Assistance at the time of the birth.

  This creates a new provision that prohibits state recovery of birth expenses from certain fathers.

• 49.45 (19) (a)

  as a condition of eligibility for medical assistance, a person shall, notwithstanding other provisions of the statutes, be deemed to have assigned to the state, by applying for or receiving medical assistance, any rights to medical support or other payment of medical expenses from any other person, including rights to unpaid amounts accrued at the time of application for medical assistance as well as any rights to support accruing during the time for which medical assistance is paid. → As Except as provided in par. (c), as a condition of eligibility for medical assistance, a person shall be deemed to have assigned to the state any rights to medical support or other payment of medical expenses from any other person.

  This amendment adjusts the language regarding assignment of medical support rights, but does not fundamentally change the state's rights to collect these payments.

• 49.45 (19) (c)

  the state may not seek recovery of birth expenses that may be recovered by the state under this subsection are the birth expenses incurred by the health maintenance organization or other prepaid health care plan. → The state may not seek recovery of birth expenses incurred by the health maintenance organization or other prepaid health care plan.

  This specifies that the state cannot recover birthing expenses from health maintenance organizations, aligning it with earlier provisions.

• 767.804 (3) (d) 1.

  An order establishing the amount of the father's obligation to pay or contribute to the reasonable expenses of the mother's pregnancy and the child's birth. → An order establishing the amount of the father's obligation to pay or contribute to the reasonable expenses of the mother's pregnancy and the child's birth, except that the court may not order a father to pay expenses under this section for the recovery of expenses paid by the state under the Medical Assistance program on behalf of an unmarried person who gave birth and who was a recipient of Medical Assistance at the time of the birth.

  This change prohibits the court from ordering fathers to pay for expenses covered by Medical Assistance for certain mothers.

• 767.805 (4) (d) 1.

  An order establishing the amount of the father's obligation to pay or contribute to the reasonable expenses of the mother's pregnancy and the child's birth. → An order establishing the amount of the father's obligation to pay or contribute to the reasonable expenses of the mother's pregnancy and the child's birth, except that the court may not order a father to pay expenses under this section for the recovery of expenses paid by the state under the Medical Assistance program on behalf of an unmarried person who gave birth and who was a recipient of Medical Assistance at the time of the birth.

  Similarly to 767.804, this amendment prohibits recovery for expenses paid through Medical Assistance in paternity orders.

• 767.89 (3) (e) 1.

  An order establishing the amount of the father's obligation to pay or contribute to the reasonable expenses of the mother's pregnancy and the child's birth. → An order establishing the amount of the father's obligation to pay or contribute to the reasonable expenses of the mother's pregnancy and the child's birth, except that the court may not order a father to pay expenses under this section for the recovery of expenses paid by the state under the Medical Assistance program on behalf of an unmarried person who gave birth and who was a recipient of Medical Assistance at the time of the birth.

  This change aligns with the previous amendments, preventing states from recovering expenses in certain paternity cases.

Action History

1. March 15, 2022

   Failed to pass pursuant to Senate Joint Resolution 1

2. January 13, 2022

   Fiscal estimate received

3. November 19, 2021

   Fiscal estimate received

4. November 19, 2021

   Fiscal estimate received

5. November 02, 2021

   Read first time and referred to Committee on Government Operations, Legal Review and Consumer Protection

6. November 02, 2021

   Introduced by Senators Johnson, Agard, Roys, Erpenbach, Larson, Ringhand, Smith and Carpenter; cosponsored by Representatives Stubbs, Baldeh, Cabrera, Hong, Anderson, Andraca, Brostoff, Conley, Emerson, Haywood, Hebl, Hesselbein, B. Meyers, Neubauer, Ohnstad, Pope, Shankland, Shelton, Sinicki, Snodgrass, Spreitzer, Subeck, Vining and Vruwink

Sponsors

• Tim Carpenter · Primary
• Jeff Smith · Primary
• Ringhand · Primary
• Chris Larson · Primary
• Erpenbach · Primary
• Kelda Roys · Primary
• Agard · Primary
• LaTonya Johnson · Primary

Subjects