AB 349

Before July 1, 2011, the law required the Department of Health Services (DHS)

to implement a waiver of federal Medicaid law to provide family planning services,

under the Medical Assistance program, to any woman between the ages of 15 and 44

whose family income does not exceed 200 percent of the federal poverty line for a

family the size of the woman's family. Before July 1, 2011, the law also authorized

DHS to request and then implement a waiver to provide family planning services to

men of the same age group and income level. The biennial budget act,

2011

Wisconsin Act 32

, eliminated the language regarding those requirements to provide

family planning services on July 1, 2011. As of July 1, 2011, current law requires

DHS to request a waiver of federal Medicaid law to provide optional services for

family planning unless DHS creates a policy that says otherwise. Current law,

however, does not specify the gender, age, or income level of those eligible for family

planning services under Medical Assistance. DHS is also required under current law

to request waivers of federal Medicaid law to require parental notification for family

planning services for any female under 18 years of age and to require DHS to

determine the income eligibility for a female under 18 years of age using the family

income of the female's parent or guardian instead of only the female's income.

This bill restores the income eligibility criteria for females to receive family

planning services under this waiver program to an income level of not exceeding 300

percent of the federal poverty line for a family the size of the female's family. The bill

also restores the family planning services waiver program for males whose family

income does not exceed 300 percent of the federal poverty line for a family the size

of the male's family. DHS is not allowed to create a policy that alters any of the

requirements for either the female or male family planning services waiver program

under the bill. The bill also eliminates the requirement for DHS to request the

additional waivers of federal law relating to parental notification and income

eligibility determinations for females under 18 years of age.