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BadgerCare Plus on Faye’s case for the remainder of her 12-month continuous coverage period. Chantelle’s BadgerCare Plus will end December 31. Chantelle could re-enroll in BadgerCare Plus as part of the household she now resides in or through another program such as Foster Care Medicaid depending on her situation. 13.8.2 Pregnant Women Pregnant women who are incarcerated will have their eligibility determined under the BadgerCare Plus Prenatal Program (see BadgerCare Plus Eligibility Handbook, Section 41.1 BadgerCare Plus Prenatal Program). When the pregnancy ends, BadgerCare Plus Prenatal Program members must have their health care eligibility redetermined for the next month. If determined eligible for Medicaid, the member will open for suspended Medicaid. 13.8.3 Huber Law Some inmates may be allowed to leave jail for various reasons under the Huber Law, also known as the Huber Program. Huber Law prisoners who are released from jail to attend to the needs of their families can become eligible for full-benefit Medicaid if both the following are true: • They intend to return to the home. • 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 Medicaid. Instead, they may be eligible for suspended Medicaid. Example 2 Shannon is incarcerated in jail. During her incarceration, her 8-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 3-year-old and 5-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 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. 13.8.4 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 Medicaid or Medicaid while he is residing in the prison in Minnesota.