49.455 Protection of income and resources of couple for maintenance of community spouse.
49.46 Medical assistance; recipients of social security aids.
49.465 Presumptive medical assistance eligibility.
49.468 Expanded medicare buy-in.
49.47 Medical assistance; medically indigent.
49.475 Information about medical assistance beneficiaries.
49.49 Medical assistance offenses.
49.493 Benefits under uninsured health plans.
49.495 Jurisdiction of the department of justice.
49.496 Recovery of correct medical assistance payments.
49.497 Recovery of incorrect medical assistance payments.
49.498 Requirements for skilled nursing facilities.
49.499 Nursing facility resident protection.
SUBCHAPTER V
OTHER MEDICALLY RELATED SERVICES AND SUPPORT PROGRAMS
49.68 Aid for treatment of kidney disease.
49.682 Recovery from estates.
49.683 Cystic fibrosis aids.
49.685 Hemophilia treatment services.
49.686 AZT and pentamidine reimbursement program.
49.687 Disease aids; patient financial and liability requirements.
49.70 County home; establishment.
49.703 County homes; commitments; admissions.
49.71 County hospitals; establishment.
49.713 County hospitals; admissions.
49.72 County infirmaries; establishment.
49.723 County infirmaries, admissions; standards.
49.726 County infirmaries; cost of treatment, care and maintenance of patients.
49.729 County infirmaries; fees and expenses of proceedings.
49.73 Residential care institutions; establishment.
49.74 Institutions subject to chapter 150.
49.77 State supplemental payments.
SUBCHAPTER VI
GENERAL PROVISIONS
49.81 Public assistance recipients' bill of rights.
49.82 Administration of public assistance programs.
49.83 Limitation on giving information.
49.84 Verification of public assistance applications.
49.85 Certification of certain public assistance overpayments.
49.855 Certification of delinquent payments.
49.86 Disbursement of funds and facsimile signatures.
49.89 Third party liability.
49.90 Liability of relatives; enforcement.
49.95 Penalties; evidence.
49.96 Assistance grants exempt from levy.
DEFINITIONS
49.001
49.001
Definitions. In this chapter:
49.001(1)
(1) "Child care provider" means a child care provider that is licensed under
s. 48.65 (1), certified under
s. 48.651 or established or contracted for under
s. 120.13 (14).
49.001(1m)
(1m) "Essential person" means any person defined as an essential person under federal Title XVI.
49.001(2)
(2) "Federal Title XVI" means Title XVI of the federal social security act.
49.001(4)
(4) "Municipality" means any town, city or village.
49.001(5)
(5) "Poverty line" means the poverty line as defined and revised annually under
42 USC 9902 (2).
49.001(5m)
(5m) "Prisoner" means any person who is either arrested, incarcerated, imprisoned or otherwise detained in excess of 12 hours by any law enforcement agency of this state, except when detention is pursuant to
s. 51.15,
51.20,
51.45 (11) (b) or
55.06 (11) (a) or
ch. 980. "Prisoner" does not include any person who is serving a sentence of detention under
s. 973.03 (4) unless the person is in the county jail under
s. 973.03 (4) (c).
49.001(6)
(6) "Residence" means the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation. Physical presence is prima facie evidence of intent to remain.
49.001(8)
(8) "Voluntary" means according to a person's free choice, if competent, or by choice of a guardian if incompetent.
49.001(9)
(9) "Wisconsin works agency" means a person under contract under
s. 49.143 to administer Wisconsin works under
ss. 49.141 to
49.161. If no contract is awarded under
s. 49.143, "Wisconsin works agency" means the department of industry, labor and job development.
49.001 History
History: 1995 a. 27 ss.
2639,
2644,
2654 to
2666,
3083;
1995 a. 289.
RELIEF BLOCK GRANTS
49.002
49.002
Legislative declaration. It is the declared legislative policy that a county receiving a relief block grant is the payer of last resort in all cases, except those cases involving crime victim awards under
s. 949.06, where a benefit is covered by relief funded by a relief block grant in a county and where a dispute may arise over payment for costs associated with providing health care services to recipients of relief funded by a relief block grant.
49.002 Annotation
Administrative rule under which applicants for general relief benefits were, in effect, deemed unwilling to work if they had lost 2 jobs without justification within past 12 months created impermissible, irrebuttable presumption that otherwise eligible applicants were presently unwilling to comply with this section. Garcia v. Silverman, 393 F Supp. 590.
49.01
49.01
Definitions. As used in this subchapter:
49.01(1g)
(1g) "American Indian" means a person who is recognized by an elected tribal governing body in this state as a member of a federally recognized Wisconsin tribe or band of Indians.
49.01(1m)
(1m) "Department" means the department of health and family services.
49.01(2)
(2) "Dependent person" means an individual who is eligible for relief under
s. 49.015.
49.01(2g)
(2g) "Health care services" means such emergency and nonemergency medical, surgical, dental, hospital, nursing and optometric services as are reasonable and necessary under the circumstances, as determined by the county or tribal governing body. "Health care services" does not include services described under
s. 51.42 (3) (ar) 4.
49.01(3)
(3) "Relief" means assistance that is provided to a dependent person and funded by a relief block grant.
49.01(3m)
(3m) "Relief agency" means the following if a county or tribal governing body operates a relief program funded by a relief block grant:
49.01(3m)(a)
(a) A county department under
s. 46.215,
46.22 or
46.23 or an agency under contract with a county department to administer relief.
49.01(3m)(b)
(b) A tribal governing body or an agency under contract with the governing body to administer relief.
49.01(8j)
(8j) "Secretary" means the secretary of health and family services.
49.01(8L)
(8L) "Tax-free land" means land in this state within the boundaries of a federally recognized reservation or within the bureau of Indian affairs service area for the Winnebago tribe, which is not subject to assessment or levy of a real property tax either as a general tax or as a payment in lieu of taxes.
49.01(8p)
(8p) "Tribal governing body" means an elected tribal governing body of a federally recognized American Indian tribe.
49.01 Cross-reference
Cross-reference: See s.
46.011 for definitions applicable to chs.
46 to
51,
55 and
58.
49.01 Annotation
A man who quits a job for personal reasons may not be denied welfare if he is otherwise "dependent". Section 49.002 establishes a condition for continued eligibility, not a bar to initial eligibility. State ex rel. Arteaga v. Silverman, 56 W (2d) 110, 201 NW (2d) 538.
49.01 Annotation
AFDC recipient may qualify as "dependent". State ex rel. Tiner v. Milwaukee County, 81 W (2d) 277, 260 NW (2d) 393.
49.01 Annotation
"Dependent person" defined. St. Michael Hosp. v. County of Milwaukee, 98 W (2d) 1, 295 NW (2d) 189 (Ct. App. 1980).
49.01 Annotation
Indigent veteran's right to apply for veteran's emergency relief grant did not disqualify veteran as "dependent". Luther Hospital v. Eau Claire County, 115 W (2d) 100, 339 NW (2d) 798 (Ct. App. 1983).
49.01 Annotation
A county's discretion as to times and amounts for relief payments under s. 49.01 (5m) does not preempt the mandate under s. 49.02 (1m) requiring written standards of need to determine the amount necessary to secure adequate housing. The county must provide housing whether in the form of money or actual shelter which is adequate for health and decency. Clark v. Milwaukee County, 188 W (2d) 171, 524 NW (2d) 382 (1994).
49.01 Annotation
"Relief" is not broad enough to include attorneys' fees incurred by eligible dependent person to prosecute or defend divorce action. 61 Atty. Gen. 330.
49.01 Annotation
See note to Art. I, s. 1, citing Lavine v. Milne, 424 US 577.
