Family planning services under the Medical Assistance waiver program

What it would have done

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

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.

Who's behind it

5 senators are its authors⁠. All 5 are Democrats.

26 more lawmakers signed on in support⁠.

What it would cost

State agencies filed a cost estimate. Each opens as a PDF from the Legislature.

• Fiscal Estimate From DHS