SB245,11,1313 49.49 (3p) (title) Other prohibited provider charges.
SB245,28 14Section 28. 49.49 (4) (title) of the statutes is repealed.
SB245,29 15Section 29 . 49.49 (4) (a) and (b) of the statutes are consolidated, renumbered
16946.91 (6) and amended to read:
SB245,12,317 946.91 (6) No person Whoever, in connection with the medical assistance
18program Medical Assistance when the cost of the services provided to the patient is
19paid for in whole or in part by the state, may knowingly and willfully charge, solicit,
20accept or receive
intentionally charges, solicits, accepts, or receives, in addition to
21any amount otherwise required to be paid under a medical assistance program
22Medical Assistance, any gift, money, donation, or other consideration, other than a
23charitable, religious, or philanthropic contribution from an organization or from a
24person unrelated to the patient, as a precondition of admitting a patient to a hospital,
25skilled nursing facility, or intermediate care facility, or as a requirement for the

1patient's continued stay in such a facility. (b) A person who violates this subsection
2is guilty of a Class H felony, except that, notwithstanding the maximum fine specified
3in s. 939.50 (3) (h), the person may be fined not more than $25,000.
SB245,30 4Section 30. 49.49 (5) of the statutes is amended to read:
SB245,12,105 49.49 (5) County collection. Any county may retain 15% 15 percent of state
6medical assistance Medical Assistance funds that are recovered due to the efforts of
7a county employee or officer or, if the county initiates action by the department of
8justice, due to the efforts of the department of justice under s. 49.495 49.846. This
9subsection applies only to recovery of medical assistance that was provided as a
10result of fraudulent activity by a recipient or by a provider.
SB245,31 11Section 31. 49.49 (7) (d) of the statutes is amended to read:
SB245,12,1912 49.49 (7) (d) A commission's imposition of an assessment described under par.
13(b), a member's payment of the assessment as described under par. (c), and
14acceptance of the payment by the commission do not constitute conduct prohibited
15under sub. (4) s. 946.91 (6) or prohibited under s. DHS 106.04 (3), Wis. Adm. Code,
16in effect on May 26, 2010. It is the intent of the legislature to create a mechanism
17whereby 2 or more political subdivisions may share in the operation, use, and
18funding of a nursing home or intermediate care facility without violating 42 USC
191320a-7b
(d) or 42 USC 1396a (a) (25) (C).
SB245,32 20Section 32. 49.495 (title) of the statutes is renumbered 49.846 (title).
SB245,33 21Section 33. 49.495 of the statutes is renumbered 49.846 (2) and amended to
22read:
SB245,13,1123 49.846 (2) The department of justice or the district attorney may institute,
24manage, control, and direct, in the proper county, any prosecution for violation of
25criminal laws affecting the medical a public assistance program, including but not

1limited to
laws in this chapter, chs. 939 to 951 relating to medical assistance
2contained in this subchapter
Medical Assistance, Wisconsin Works, the food stamp
3program, or any other public assistance program,
and laws affecting the health,
4safety, and welfare of public assistance program recipients of medical assistance. For
5this purpose the department of justice shall have and exercise all powers conferred
6upon district attorneys in such cases. The If a prosecution under this section involves
7a person holding a license granted by the medical examining board or an interested
8affiliated credentialing board, the
department of justice or district attorney shall
9notify the medical examining board or the interested affiliated credentialing board
10of any such the prosecution of a person holding a license granted by the board or
11affiliated credentialing board
.
SB245,34 12Section 34. 49.688 (9) (a) of the statutes is amended to read:
SB245,13,1513 49.688 (9) (a) The department shall promulgate rules relating to prohibitions
14on fraud that are substantially similar to applicable provisions under s. 49.49 (1) (a)
15946.91 (2).
SB245,35 16Section 35. 49.795 (title) and (1) (intro.) of the statutes are renumbered 946.92
17(title) and (1) (intro.).
SB245,36 18Section 36 . 49.795 (1) (a), (b), (c), (d) and (e) of the statutes are renumbered
19946.92 (1) (a), (b), (c), (d) and (e), and 946.92 (1) (b), (c) and (d), as renumbered, are
20amended to read:
SB245,13,2221 946.92 (1) (b) "Food" means items which that may be purchased using food
22coupons
stamp program benefits under 7 USC 2012 (g) and 2016 (b).
SB245,13,2423 (c) "Food stamp program" means the federal food stamp program under 7 USC
242011
to 2029 2036a.
SB245,14,3
1(d) "Supplier" means a retail grocery store or other person authorized by the
2federal department of agriculture to accept food coupons stamp program benefits in
3exchange for food under the food stamp program.
SB245,37 4Section 37. 49.795 (1) (cm) of the statutes is repealed.
SB245,38 5Section 38 . 49.795 (2) to (6) of the statutes are renumbered 946.92 (2) (a) to
6(f), and 946.92 (2) (c), (d), (e) and (f), as renumbered, are amended to read:
SB245,14,107 946.92 (2) (c) No person may knowingly issue food coupons stamp program
8benefits
to a person who is not an eligible person or knowingly issue food coupons
9stamp program benefits
to an eligible person in excess of the amount for which the
10person's household is eligible.
SB245,14,1311 (d) No eligible person may knowingly transfer food coupons stamp program
12benefits
except to purchase food from a supplier or knowingly obtain or use food
13coupons stamp program benefits for which the person's household is not eligible.
SB245,14,1614 (e) No supplier may knowingly obtain food coupons stamp program benefits
15except as payment for food or knowingly obtain food coupons stamp program benefits
16from a person who is not an eligible person.
SB245,14,1817 (f) No unauthorized person may knowingly obtain, possess, transfer , or use food
18coupons
stamp program benefits.
SB245,39 19Section 39. 49.795 (7) of the statutes is repealed.
SB245,40 20Section 40. 49.795 (8) (a), (b) and (c) of the statutes are repealed.
SB245,41 21Section 41. 49.795 (8) (d) 1. of the statutes is renumbered 946.92 (3) (b) and
22amended to read:
SB245,14,2523 946.92 (3) (b) In addition to the penalties applicable under par. (a), (b) or (c),
24the court shall suspend a person who violates this section sub. (2) from participation
25in the food stamp program as follows:
SB245,15,3
11. For a first offense conviction under this section, for not less than one year.
2The court may extend the suspension by
and not more than 18 months 2 years and
36 months
.
SB245,15,64 2. For a 2nd offense conviction under this section, for not less than 2 years. The
5court may extend the suspension by
and not more than 18 months 3 years and 6
6months
.
SB245,15,77 3. For a 3rd offense conviction under this section, permanently.
SB245,42 8Section 42. 49.795 (8) (d) 1m. of the statutes is renumbered 946.92 (3) (c) and
9amended to read:
SB245,15,1310 946.92 (3) (c) In addition to the penalties applicable under par. (a), (b) or (c),
11a court shall permanently suspend from the food stamp program a person who has
12been convicted of an offense under 7 USC 2024 (b) or (c) involving an item covered
13by 7 USC 2024 (b) or (c) having a value of $500 or more.
SB245,43 14Section 43. 49.795 (8) (d) 2. of the statutes is renumbered 49.796 and amended
15to read:
SB245,15,21 1649.796 Food stamp reinstatement. The A person may apply to the a
17multicounty consortium, as defined in s. 49.78 (1) (br), or the a federally recognized
18American Indian tribal governing body or, if the person is a supplier, as defined in
19s. 946.92 (1) (d),
to the federal department of agriculture for reinstatement of benefits
20following the a period of suspension imposed under s. 946.92, if the suspension is not
21permanent.
SB245,44 22Section 44. 49.795 (8) (e) and (f) of the statutes are renumbered 946.92 (3) (d)
23and (e) and amended to read:
SB245,16,224 946.92 (3) (d) 1. If a court finds that a person traded violated sub. (2) by trading
25a controlled substance, as defined in s. 961.01 (4), for food coupons stamp program

1benefits
, the court shall suspend the person from participation in the food stamp
2program as follows:
SB245,16,33 a. Upon the first such finding a first conviction, for 2 years.
SB245,16,44 b. Upon the a 2nd such finding conviction, permanently.
SB245,16,75 2. If a court finds that a person violated sub. (2) by trading traded firearms,
6ammunition, or explosives for food coupons stamp program benefits, the court shall
7suspend the person permanently from participation in the food stamp program.
SB245,16,138 (e) Notwithstanding par. (d) pars. (b) and (c), in addition to the penalties
9applicable under par. (a), (b) or (c), the court shall suspend from the food stamp
10program for a period of 10 years a person who violates sub. (2) by fraudulently
11misstates misstating or misrepresents misrepresenting his or her identity or place
12of residence for the purpose of receiving multiple benefits simultaneously under the
13food stamp program.
SB245,45 14Section 45. 49.797 (2) (a) of the statutes is amended to read:
SB245,16,2215 49.797 (2) (a) Notwithstanding s. 46.028 and except as provided in par. (b) and
16sub. (8), the department shall administer a statewide program to deliver food stamp
17benefits to recipients of food stamp benefits by an electronic benefit transfer system.
18All suppliers, as defined in s. 49.795 946.92 (1) (d), may participate in the delivery
19of food stamp benefits under the electronic benefit transfer system. The department
20shall explore methods by which nontraditional retailers, such as farmers' markets,
21may participate in the delivery of food stamp benefits under the electronic benefit
22transfer system.
SB245,46 23Section 46. 49.835 of the statutes is created to read:
SB245,17,4 2449.835 Affirmation of statements in applications. (1) A person who
25makes a statement in a written application for any aid or benefit provided under this

1chapter is considered to have made an admission as to the existence, correctness, or
2validity of any fact stated. Such a statement is prima facie evidence against the
3person who made it in any complaint, information, or indictment, or in any action
4brought for enforcement of any provision of this chapter.
SB245,17,9 5(2) An employee of a county department, a Wisconsin Works agency, a
6multicounty consortium, the department of health services, or the department of
7children and families who accepts an application for any aid or benefit under this
8chapter has the authority to administer an oath to the applicant that the information
9given is true and correct to the best of the applicant's knowledge.
SB245,17,14 10(3) The department of children and families and the department of health
11services shall promulgate rules that specify standards and procedures for the
12administration of an oath to an applicant for any aid or benefit under this chapter
13that the information provided by the applicant is true and correct to the best of the
14applicant's knowledge.
SB245,47 15Section 47. 49.846 (1) of the statutes is created to read:
SB245,17,1916 49.846 (1) In this section, "public assistance program" means any program
17administered by the department of health services or the department of children and
18families under this chapter under which the department administering the program
19provides services, benefits, or other assistance to individuals or families.
SB245,48 20Section 48. 49.95 of the statutes is repealed.
SB245,49 21Section 49. 59.54 (23) of the statutes is amended to read:
SB245,17,2522 59.54 (23) Public assistance; false representation. The board may enact and
23enforce an ordinance to prohibit conduct that is the same as or similar to conduct that
24is prohibited by s. 49.95 (1) 946.93 (2) and provide a forfeiture for a violation of the
25ordinance.
SB245,50
1Section 50. 940.11 (2) of the statutes is amended to read:
SB245,18,82 940.11 (2) Whoever hides or buries a corpse, with intent to conceal a crime or
3avoid apprehension, prosecution, or conviction for a crime or notwithstanding s.
449.141 (7), 49.49 (1), or 49.795
946.90 (2) or (3), 946.91 (2), 946.92, or 946.93 (2) or
5(3)
with intent to collect benefits under one of those sections the assistance program
6for families with dependent children administered under ss. 49.141 to 49.161, the
7Medical Assistance program administered under subch. IV of ch. 49, or the food
8stamp program, as defined in s. 49.79 (1) (c)
, is guilty of a Class G felony.
SB245,51 9Section 51 . 946.90 (title) of the statutes is created to read:
SB245,18,10 10946.90 (title) Wisconsin Works fraud.
SB245,52 11Section 52. 946.90 (1) of the statutes is created to read:
SB245,18,1212 946.90 (1) In this section:
SB245,18,1513 (a) "Provider" means a Wisconsin Works agency, a person that contracts with
14a Wisconsin Works agency to provide services to a participant in Wisconsin Works,
15or a person that provides child care for reimbursement under s. 49.155.
SB245,18,1716 (b) "Wisconsin Works" means the assistance program for families with
17dependent children administered under ss. 49.141 to 49.161.
SB245,18,1818 (c) "Wisconsin Works agency" has the meaning given in s. 49.001 (9).
SB245,53 19Section 53 . 946.90 (2) of the statutes is created to read:
SB245,18,2120 946.90 (2) Whoever does any of the following is guilty of a Class A
21misdemeanor:
SB245,18,2422 (a) Intentionally makes or causes to be made any false statement or
23representation of a material fact in any application for or receipt of any Wisconsin
24Works benefit or payment.
SB245,19,5
1(b) Having knowledge of the occurrence of any event affecting the initial or
2continued eligibility for a Wisconsin Works benefit or payment under Wisconsin
3Works, conceals or fails to disclose that event with an intent to fraudulently secure
4a Wisconsin Works benefit or payment either in a greater amount or quantity than
5is due or when no such benefit or payment is authorized.
SB245,54 6Section 54 . 946.91 (title), (1) and (2) (intro.) of the statutes are created to read:
SB245,19,7 7946.91 (title) Medical Assistance fraud. (1) In this section:
SB245,19,108 (a) "Facility" means a nursing home or a community-based residential facility
9that is licensed under s. 50.03 and that is certified by the department of health
10services as a provider of aid under Medical Assistance.
SB245,19,1211 (b) "Medical Assistance" means the program providing aid under subch. IV of
12ch. 49, except ss. 49.468 and 49.471.
SB245,19,1513 (c) "Provider" means a person, corporation, limited liability company,
14partnership, incorporated business, or professional association, and any agent or
15employee thereof, who provides services under Medical Assistance.
SB245,19,18 16(2) (intro.) Whoever does any of the following is guilty of a Class H felony, except
17that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may
18be fined not more than $25,000:
SB245,55 19Section 55. 946.92 (3) (a) of the statutes is created to read:
SB245,19,2020 946.92 (3) (a) Whoever violates sub. (2) is subject to the following penalties:
SB245,19,2221 1. If the value of the food stamp program benefits does not exceed $100, a Class
22B misdemeanor.
SB245,19,2423 2. Except as provided in subd. 3., if the value of the food stamp program benefits
24exceeds $100, but is less than $5,000, a Class I felony.
SB245,20,2
13. If the value of the food stamp program benefits exceeds $100, but is less than
2$5,000, and the person has a prior conviction under this section, a Class H felony.
SB245,20,43 4. If the value of the food stamp program benefits is $5,000 or more, a Class G
4felony.
SB245,56 5Section 56. 946.93 of the statutes is created to read:
SB245,20,7 6946.93 Public assistance fraud. (1) In this section, "public assistance"
7means any aid, benefit, or services provided under ch. 49.
SB245,20,10 8(2) Whoever intentionally makes or causes to be made any false statement or
9representation of material fact in any application for or receipt of public assistance
10is guilty of a Class A misdemeanor.
SB245,20,11 11(3) No person may do any of the following:
SB245,20,1512 (a) Having knowledge of an event affecting the initial or continued eligibility
13for public assistance, conceal or fail to disclose that event with an intent to
14fraudulently secure public assistance, including payment either in a greater amount
15or quantity than is due or when no such benefit or payment is authorized.
SB245,20,1816 (b) Receive any income or assets and fail to notify the public assistance agency
17within 10 days after receiving the income or assets, unless a different time period is
18required under the applicable public assistance program.
SB245,20,2219 (c) Fail to notify the public assistance agency within 10 days of any change in
20circumstances for which notification by the recipient must be provided under law,
21unless a different time period is required under the applicable public assistance
22program.
SB245,20,2523 (d) Receive a voucher under a public assistance program for goods or services
24and use the funding granted under the voucher for purposes that are not authorized
25by the public assistance agency.
SB245,21,1
1(e) Whoever violates par. (a), (b), (c), or (d) is subject to the following penalties:
SB245,21,32 1. If the value of the payment or benefit does not exceed $300, a Class B
3forfeiture.
SB245,21,54 2. If the value of the payment or benefit is more than $300 but does not exceed
5$1,000, a Class B misdemeanor.
SB245,21,76 3. If the value of the payment or benefit is more than $1,000 but does not exceed
7$2,000, a Class A misdemeanor.
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