AB 8 — Relating to: requiring child support compliance in the Medical Assistance program. (FE)

- 2018 LEGISLATURE LRB-5216/1LRB-5545/1 TJD:ahe January 2018 Special Session TJD:aheENGROSSED ASSEMBLY BILL 8 JanuaryFebruary 26,16, 2018 - IntroducedPrinted by Cdirection OMMITTEEofENATE ONCHIEF ASSEMBLYCLERK ORGANIZATION,. Representatives V OS, KRUG, FELZKOWSKI , THIESFELD, JAGLER, SANFELIPPO, T USLER, PETERSEN, DUCHOW , ETRYK , KUGLITSCH, TITT, HORLACHER , KNODL, B RANDTJEN, M URPHY , SPIROS, N EYLON, W ICHGERS, BERNIER , KLEEFISCH, R OHRKASTE, K ATSMA , BORN , KREMER and S WEARINGEN , cosponsored by Senators K APENGA, CRAIG, OWLES , DARLING, EM AHIEU, NASS, TROEBEL and W ANGGAARD , by request of Governor Scott Walker.

Referred to Committee on Public Benefit Reform.

Analysis by the Legislative Reference Bureau TheEngrossment billinformation: prohibits certain able-bodied adults and able-bodied parents who refuse to cooperate in determining the paternity of a child, establishing or enforcing any support order, or obtaining any other payments or property to which the adult or the child has rights from being eligible for the Medical Assistance program.

The text of Engrossed January 2018 Special Session Assembly Bill 8 consists of the following documents adopted in the assembly on February 15, 2018:

the bill as affected by Assembly Amendment 1.

Content of Engrossed January 2018 Special Session Assembly Bill 8:

The bill prohibits certain able-bodied adults and able-bodied parents who refuse to cooperate in determining the paternity of a child, establishing or enforcing any support order, or obtaining any other payments or property to which the adult or the child has rights from being eligible for the Medical Assistance program.

UnderPregnant thewomen bill,are aexempt dependentfrom childpaternity remainsdeterminations eligible for the Medical Assistance program even if a person charged with the care and custody of the dependent child issupport ineligiblerequirements forof the Medicalbill. Assistance program because he or she did not comply with those requirements.

Under currentthe law,bill, a persondependent ischild required,remains aseligible a condition of eligibility for the Medical Assistance,Assistance toprogram fullyeven cooperateif ina goodperson faithcharged with effortsthe directedcare atand establishingcustody the paternity of athe nonmaritaldependent child andis obtainingineligible supportfor paymentsthe orMedical anyAssistance otherprogram payments- or2018 propertyLegislature to- which2 the- personLRB-5545/1 andJan. the dependent child may have rights.

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TJD:ahe ENGROSSED ASSEMBLY BILL 8 Forbecause furtherhe informationor seeshe thedid statenot fiscalcomply estimate,with whichthose willrequirements. be printed as an appendix to this bill.

Under current law, a person is required, as a condition of eligibility for Medical Assistance, to fully cooperate in good faith with efforts directed at establishing the paternity of a nonmarital child and obtaining support payments or any other payments or property to which the person and the dependent child may have rights.

49.471 (1) (cm), who is not pregnant, and who is able-bodied, as defined by the department.

(b)LRB-5545/1 “Custodial- parent"2018 hasLegislature the- meaning3 given- inTJD:ahe s.Jan.

2018 Spec.

Sess.

SECTION 4 ENGROSSED ASSEMBLY BILL 8 (b) “Custodial parent" has the meaning given in s.

LRB-5216/1(2) -E 2018LIGIBILITY LegislatureDENIAL; - 3 - TJD:ahe Jan.

2018 Spec.

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SECTION 4 ASSEMBLY BILL 8 (2) E LIGIBILITY DENIAL;

a.- 2018 Legislature - 4 - LRB-5545/1 Jan.

The able-bodied adult is a custodial parent of or lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent.

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TJD:ahe ENGROSSED ASSEMBLY BILL 8 S ECTION 4 b.a.

The able-bodied adult is a custodial parent of or lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent.

b.

An able-bodied adult is ineligible for the Medical Assistance program under this subchapter in a month in which the adult is obligated by court order granted inside or outside this state to provide support payments and is delinquent in making those court-ordered payments, unless any of the following is true:

(a) The delinquency balance equals less than 3 months of the court-orderedordered support payment amount.

(d)LRB-5545/1 The- able-bodied2018 adultLegislature is- participating5 in- anTJD:ahe employmentJan. and training program, as determined by the department.

(e) The able-bodied adult is participating in a substance abuse treatment program, as determined by the department.

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S ECTION 4 ENGROSSED ASSEMBLY BILL 8 (5)(d) EXCEPTIONThe FORable-bodied ELIGIBILITYadult OFis CHILAparticipating dependentin childan remainsemployment eligible for the Medical Assistance program under this subchapter even if a person charged with the care and custodytraining ofprogram, theas dependentdetermined childby is ineligible for the Medicaldepartment. Assistance program because he or she did not comply with this section.

(e) The able-bodied adult is participating in a substance abuse treatment program, as determined by the department.

(5) EXCEPTION FOR ELIGIBILITY OF CHILA dependent child remains eligible for the Medical Assistance program under this subchapter even if a person charged with the care and custody of the dependent child is ineligible for the Medical Assistance program because he or she did not comply with this section.

(5m) N OTIFICATION REQUIREMENT.

The department or the county department under s.

46.215 or 46.22 shall notify an applicant for Medical Assistance of the requirements of this section at the time of application.