AB 1083 — Relating to: eliminating recovery by the state for birth expenses paid through the Medical Assistance program. (FE)

Summary

An Act to amend 49.45 (19) (a), 49.45 (19) (c), 767.804 (3) (d) 1., 767.805 (4) (d) 1. and 767.89 (3) (e) 1.; to create 49.22 (9m) of the statutes;

Bill Text

• Bill Text View text Current pdf

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

The bill prohibits the state from seeking recovery of birth expenses from fathers for children born to mothers who were recipients of 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 preventing recovery of birth expenses from fathers.

• 49.45 (19) (a)

  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. → a person shall, except as provided in par. (c), 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.

  This change clarifies that the assignment of medical support rights does not apply in circumstances covered under the new provision.

• 49.45 (19) (c)

  The state may 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 change prevents the state from seeking recovery of birth expenses associated with mothers who received Medical Assistance.

• 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 subsection 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 courts from ordering fathers to pay recovery of expenses paid by the state for birth.

• 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 subsection 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 adds a prohibition against requiring fathers to pay certain state-paid expenses.

• 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 subsection 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 amendment ensures consistency across relevant statutes by prohibiting orders for recovery of specified costs.

Action History

1. March 23, 2026

   Failed to pass pursuant to Senate Joint Resolution 1

2. March 19, 2026

   Representative Mayadev added as a coauthor

3. March 19, 2026

   Representative Subeck added as a coauthor

4. February 26, 2026

   Read first time and referred to Committee on Health, Aging and Long-Term Care

5. February 26, 2026

   Introduced by Representatives Stubbs, Moore Omokunde, Arney, Goodwin, Hong, Sinicki and Palmeri; cosponsored by Senators L. Johnson, Roys, Ratcliff, Hesselbein and Larson

Sponsors

• Moore Omokunde · Cosponsor
• Roys · Cosponsor
• Ratcliff · Cosponsor
• Hesselbein · Cosponsor
• Larson · Cosponsor
• Shelia Stubbs · Primary
• Margaret Arney · Cosponsor
• Russell Goodwin · Cosponsor
• Francesca Hong · Cosponsor
• Christine Sinicki · Cosponsor
• Lori Palmeri · Cosponsor
• Tara Johnson · Cosponsor

Subjects