On October 26, 2007, Governor Doyle signed the Budget Bill for the 2007-2008 fiscal year.  This budget included required changes to Wisconsin law to comply with the Medicaid provisions of the Deficit Reduction Act of 2005.  The Wisconsin effective date will be February 1, 2008.  However, the actual schedule of implementation of the new provisions is still up in the air–especially as it relates asset transfers after February 8, 2006 and before February 1, 2008 (any post February 1, 2008 transfers will clearly be covered by the new rules).

It appears, but is not certain, that in situations where the transfer occurred after February 8, 2006 and Medical Assistance was approved before February 1, 2008, those cases will not be reopened (but there is not yet anything official from the state on this issue yet).  We do not know how cases where the transfer is in the February 8, 2006-February 1, 2008 window, but no Medical Assistance eligibility will be treated. (Note: transfers before February 8, 2006 will be treated under the old rules–36 month lookback for most transfers with the penalty starting to run in the month of the transfer.)

For more information, see Jim Jaeger’s Article, "DRA Implementation Update."

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