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1. They intend to return to the home. 2. They continue to be involved in the planning for the support and care of their minor children. This is known as the Huber Law exemption. Huber Law prisoners who are released for a purpose other than attending to the needs of their families are not eligible for full-benefit BadgerCare Plus. Instead, they may be eligible for suspended BadgerCare Plus. Example 2 Shannon is incarcerated in jail. During her incarceration, her eight-year-old daughter, Jada, lives with Shannon’s mother. Shannon is allowed to leave jail under the Huber Law for employment. Shannon leaves jail during the day to work and then returns to jail every night. She sends part of her paycheck to her mother to help with Jada’s expenses. Even though Shannon provides financial support for Jada, she is not eligible for the Huber Law exemption because her court documents do not list attending to the needs of her family as a reason for her participation in the Huber Program.

Example 3 Dennis is incarcerated in jail. During his incarceration, his three-year-old and five-year-old children live with his wife, Brenda. Dennis is allowed to leave jail under the Huber Law to attend school and care for his children while Brenda is at work. Dennis leaves jail during the day to attend school and return to his family’s home to care for the children. Dennis is eligible for the Huber Law exemption because his court documents list attending to the needs of his family as a reason for his participation in the Huber Program. 45.8.4 Out-of-State Inmates If a person is incarcerated in Wisconsin and then involuntarily transferred to a correctional institution in another state, the person is still considered a Wisconsin resident. Example 4 Oscar resides in Wisconsin. He commits a crime in Wisconsin and is incarcerated in a Wisconsin Department of Corrections facility. Due to a shortage of space, Oscar is transferred to a prison in Minnesota. Oscar remains a Wisconsin resident and may be eligible for suspended BadgerCare Plus while he is residing in the prison in Minnesota. If a person has committed a crime outside of Wisconsin and is incarcerated by that state in a correctional facility in that state, the person is considered to be a resident of that state and not Wisconsin. Example 5 Connor resides in Wisconsin. He commits a crime in Illinois and is incarcerated in an Illinois correctional facility. Connor is He is not eligible for BadgerCare Plus in Wisconsin since he is not a Wisconsin resident. 45.8.5 Services for Youth Youth who are incarcerated and enrolled in suspended BadgerCare Plus can receive HealthCheck screening services and targeted case management during certain times if they are either: • Under 21 years old. • Under 26 years old and meet the criteria to be a Former Foster Care Youth (see SECTION 11.2 FORMER FOSTER CARE YOUTH). These youth are eligible for HealthCheck screening services 30 days prior to their release and within one week (or as soon as practicable) after their release.