SB21-SSA1,1814 24Section 1814. 49.472 (5) of the statutes is amended to read:
SB21-SSA1,566,4
149.472 (5) Community options participants. From the appropriation under s.
220.435 (7) (4) (bd), the department may pay all or a portion of the monthly premium
3calculated under sub. (4) (a) for an individual who is a participant in the community
4options program under s. 46.27 (11).
SB21-SSA1,1817 5Section 1817. 49.682 (title) of the statutes is amended to read:
SB21-SSA1,566,6 649.682 (title) Recovery from estates ; disease aids and funeral expenses.
SB21-SSA1,1818 7Section 1818. 49.682 (1) (a) of the statutes is amended to read:
SB21-SSA1,566,108 49.682 (1) (a) "Client" means a person who receives or received aid under s.
949.68, 49.683, or 49.685 or a person on whose behalf funeral, burial, or cemetery
10expenses aid was provided under s. 49.785
.
SB21-SSA1,1819b 11Section 1819b. 49.682 (1) (d) of the statutes is renumbered 49.682 (1) (d)
12(intro.) and amended to read:
SB21-SSA1,566,1313 49.682 (1) (d) (intro.) "Nonclient surviving spouse" means any of the following:
SB21-SSA1,566,16 141. A person who was married to a client while when the client was receiving or
15received
services or aid for which the cost may be recovered under sub. (2) (a) and who
16survived the client.
SB21-SSA1,1819c 17Section 1819c. 49.682 (1) (d) 2. of the statutes is created to read:
SB21-SSA1,566,2218 49.682 (1) (d) 2. A person who was married to a client on whose behalf funeral,
19burial, or cemetery expenses aid was provided under s. 49.785, who was married to
20the client at the client's death or when the client was receiving or received any of the
21benefits described in s. 49.785 (1c) that made the client an eligible recipient under
22s. 49.785, or at both times, and who survived the client.
SB21-SSA1,1820 23Section 1820. 49.682 (2) (am) of the statutes is created to read:
SB21-SSA1,567,3
149.682 (2) (am) The department shall file a claim against the estate of a client,
2and against the estate of a nonclient surviving spouse, for the amount of aid under
3s. 49.785 paid to or on behalf of the client.
SB21-SSA1,1821 4Section 1821. 49.682 (2) (bm) 1. of the statutes is amended to read:
SB21-SSA1,567,75 49.682 (2) (bm) 1. Property that is subject to the department's claim under par.
6(a) or (am) in the estate of a client or in the estate of a nonclient surviving spouse is
7all property of a decedent that is included in the estate.
SB21-SSA1,1822 8Section 1822. 49.682 (2) (bm) 2. of the statutes is amended to read:
SB21-SSA1,567,139 49.682 (2) (bm) 2. There is a presumption, consistent with s. 766.31, which may
10be rebutted, that all property in the estate of the nonclient surviving spouse was
11marital property held with the client and that 100 percent of the property in the
12estate of the nonclient surviving spouse is subject to the department's claim under
13par. (a) or (am).
SB21-SSA1,1823 14Section 1823. 49.682 (2) (c) (intro.) of the statutes is amended to read:
SB21-SSA1,567,1815 49.682 (2) (c) (intro.) The court shall reduce the amount of a claim under par.
16(a) or (am) by up to the amount specified in s. 861.33 (2) if necessary to allow the
17decedent's heirs or the beneficiaries of the decedent's will to retain the following
18personal property:
SB21-SSA1,1824 19Section 1824. 49.682 (3) of the statutes is amended to read:
SB21-SSA1,567,2520 49.682 (3) The department shall administer the program under this section
21and may contract with an entity to administer all or a portion of the program,
22including gathering and providing the department with information needed to
23recover payment of aid provided under s. 49.68, 49.683, or 49.685, or 49.785. All
24funds received under this subsection, net of any amount claimed under s. 49.849 (5),
25shall be remitted for deposit in the general fund.
SB21-SSA1,1825
1Section 1825. 49.682 (4) (a) of the statutes is amended to read:
SB21-SSA1,568,52 49.682 (4) (a) The department may recover amounts under this section for the
3provision of aid provided under s. 49.68, 49.683, or 49.685 paid on and after
4September 1, 1995, and for the provision of aid provided under s. 49.785 paid on or
5after the effective date of this paragraph .... [LRB inserts date]
.
SB21-SSA1,1826 6Section 1826. 49.682 (4) (b) of the statutes is amended to read:
SB21-SSA1,568,107 49.682 (4) (b) The department may file a claim under sub. (2) (a) only with
8respect to a client who dies after September 1, 1995. The department may file a claim
9under sub. (2) (am) only with respect to a client who dies after the effective date of
10this paragraph .... [LRB inserts date].
SB21-SSA1,1827 11Section 1827. 49.682 (5) of the statutes is amended to read:
SB21-SSA1,568,1712 49.682 (5) The department shall promulgate rules establishing standards for
13determining whether the application of this section with respect to a claim under
14sub. (2) (a)
would work an undue hardship in individual cases. If the department
15determines that the application of this section with respect to a claim under sub. (2)
16(a) would work an undue hardship in a particular case, the department shall waive
17application of this section in that case.
SB21-SSA1,1830 18Section 1830. 49.78 (5) of the statutes is amended to read:
SB21-SSA1,569,219 49.78 (5) Personnel examinations. Statewide examinations to ascertain
20qualifications of applicants in any county department administering aid to families
21with dependent children shall be given by the administrator of the division director
22of the bureau
of merit recruitment and selection in the office of state employment
23relations
department of administration. The office of state employment relations
24department of administration shall be reimbursed for actual expenditures incurred
25in the performance of its functions under this section from the appropriations

1available to the department of children and families for administrative
2expenditures.
SB21-SSA1,1831 3Section 1831. 49.785 (1m) (d) of the statutes is created to read:
SB21-SSA1,569,84 49.785 (1m) (d) If the recipient, or the recipient's spouse or another person,
5owns a life insurance policy insuring the recipient's life and the face value of the
6policy is more than $3,000, any amount that the department would be obligated to
7pay under sub. (1) shall be reduced by one dollar for every dollar by which the face
8value of the policy exceeds $3,000.
SB21-SSA1,1831p 9Section 1831p. 49.785 (1r) of the statutes is created to read:
SB21-SSA1,569,1110 49.785 (1r) A funeral home, cemetery, or crematorium that receives payment
11under sub. (1) shall be exempt from paying any of the following fees:
SB21-SSA1,569,1212 (a) Fees for services rendered by a coroner.
SB21-SSA1,569,1413 (b) Fees assessed for the signing of a death certificate by a coroner or medical
14examiner.
SB21-SSA1,569,1515 (c) Fees assessed by a county related to transportation services.
SB21-SSA1,1832 16Section 1832. 49.785 (2) of the statutes is created to read:
SB21-SSA1,569,1917 49.785 (2) The department shall pursue recovery of any amounts paid under
18sub. (1) from the estate of the recipient and from the estate of any surviving spouse
19or former spouse of the recipient as provided in ss. 49.682 and 49.849.
SB21-SSA1,1832p 20Section 1832p. 49.79 (1m) of the statutes is created to read:
SB21-SSA1,569,2221 49.79 (1m) Welfare recipient. An individual who is a recipient under the food
22stamp program is considered to be a welfare recipient for purposes of 21 USC 862b.
SB21-SSA1,1832r 23Section 1832r. 49.79 (7c) of the statutes is created to read:
SB21-SSA1,570,524 49.79 (7c) Reduction of benefits to pay cost of replacement cards. (a) If a
25recipient under the food stamp program requests replacement of a lost or stolen

1electronic benefit transfer card, the department shall deduct from the recipient's
2benefit account the allowable costs incurred by the state, as determined by the
3department, to replace the lost or stolen electronic benefit transfer card. Amounts
4deducted under this paragraph shall be transferred to the appropriation account
5under s. 20.435 (4) (jd).
SB21-SSA1,570,106 (b) The department shall inform the food and nutrition service of the federal
7department of agriculture of its plan to implement the policy under par. (a). The plan
8shall specify how the department intends to account for card replacement fees and
9shall identify the replacement threshold, frequency, and circumstances in which the
10fee will be applicable.
SB21-SSA1,1833 11Section 1833. 49.79 (9) (d) of the statutes is created to read:
SB21-SSA1,570,1712 49.79 (9) (d) 1. The department shall promulgate rules to develop and
13implement a drug screening, testing, and treatment policy to screen and, if indicated,
14test and treat participants in an employment and training program under this
15subsection who are able-bodied adults for use of a controlled substance without a
16valid prescription for the controlled substance. The policy shall include at least all
17of the following elements:
SB21-SSA1,570,2118 a. Only participants for whom there is a reasonable suspicion of use of a
19controlled substance without a valid prescription for the controlled substance may
20be subjected to testing. The policy shall include mechanisms for the determination
21of a reasonable suspicion to require submission to a drug test.
SB21-SSA1,571,222 b. If a participant tests negative for use of a controlled substance, or tests
23positive for the use of a controlled substance but presents evidence satisfactory to the
24department that the individual possesses a valid prescription for each controlled
25substance for which the individual tests positive, the individual will have

1satisfactorily completed the substance abuse testing requirements under this
2paragraph.
SB21-SSA1,571,63 c. If a participant tests positive for use of a controlled substance for which he
4or she does not have a valid prescription, then the individual must participate in
5state-sponsored substance abuse treatment to remain eligible for the employment
6and training program.
SB21-SSA1,571,217 d. While participating in state-sponsored treatment, an individual who has
8tested positive for the use of a controlled substance without a valid prescription for
9the controlled substance shall submit to random testing for the use of a controlled
10substance, and the test results must be negative, or positive with evidence of a valid
11prescription, in order for the individual to remain eligible for the employment and
12training program under this subsection. If a test result is positive and the individual
13does not have a valid prescription for the controlled substance for which the
14individual tests positive, the individual may begin treatment again one time and will
15remain eligible for the employment and training program. If the individual
16completes treatment and tests negative for use of a controlled substance, or tests
17positive for the use of a controlled substance but presents evidence satisfactory to the
18department that the individual possesses a valid prescription for each controlled
19substance for which the individual tests positive, the individual will have
20satisfactorily completed the substance abuse screening and testing requirements
21under this paragraph.
SB21-SSA1,571,2522 2. Subject to the promulgation of rules under subd. 1., the department shall
23screen and, if indicated, test and treat participants in an employment and training
24program under this subsection who are able-bodied adults for illegal use of a
25controlled substance without a valid prescription for the controlled substance.
SB21-SSA1,1833t
1Section 1833t. 49.83 of the statutes is amended to read:
SB21-SSA1,572,15 249.83 Limitation on giving information. Except as provided under ss.
349.25 and 49.32 (6m), (9), (10), and (10m), no person may use or disclose information
4concerning applicants and recipients of relief funded by a relief block grant, aid to
5families with dependent children, Wisconsin Works under ss. 49.141 to 49.161, social
6services, child and spousal support and establishment of paternity and medical
7support liability services under s. 49.22, or supplemental payments under s. 49.77
8for any purpose not connected with the administration of the programs, except that
9the departments of children and families and health services may disclose, including
10by transmitting or granting access to electronic data, such information, including
11social security numbers, to the department of revenue for the sole purposes of
12administering state taxes, including verifying refundable individual income tax
13credits, and collecting debts owed to the department of revenue. Any person
14violating this section may be fined not less than $25 nor more than $500 or
15imprisoned in the county jail not less than 10 days nor more than one year or both.
SB21-SSA1,1834b 16Section 1834b. 49.849 (1) (c) of the statutes is renumbered 49.849 (1) (c)
17(intro.) and amended to read:
SB21-SSA1,572,1918 49.849 (1) (c) (intro.) "Nonrecipient surviving spouse" means any of the
19following:
SB21-SSA1,572,21 201. A person who was married to a recipient while when the recipient was
21receiving or received public assistance and who survived the recipient.
SB21-SSA1,1834c 22Section 1834c. 49.849 (1) (c) 2. of the statutes is created to read:
SB21-SSA1,573,223 49.849 (1) (c) 2. A person who was married to a recipient on whose behalf aid
24under s. 49.785 was provided, who was married to the recipient at the recipient's
25death or when the recipient was receiving or received any of the benefits described

1in s. 49.785 (1c) that made the recipient an eligible recipient under s. 49.785, or at
2both times, and who survived the recipient.
SB21-SSA1,1835 3Section 1835. 49.849 (1) (e) of the statutes is amended to read:
SB21-SSA1,573,74 49.849 (1) (e) "Public assistance" means any services provided as a benefit
5under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance
6under subch. IV, long-term community support services funded under s. 46.27 (7),
7or aid under s. 49.68, 49.683, or 49.685, or 49.785.
SB21-SSA1,1836 8Section 1836. 49.849 (2) (a) (intro.) of the statutes is amended to read:
SB21-SSA1,573,159 49.849 (2) (a) (intro.) Subject to par. (b), the department may collect from the
10property of a decedent by affidavit under sub. (3) (b) or by lien under sub. (4) (a) an
11amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), the
12long-term community support services under s. 46.27 that is recoverable under s.
1346.27 (7g) (c) 1., or the aid under s. 49.68, 49.683, or , 49.685, or 49.785 that is
14recoverable under s. 49.682 (2) (a) or (am), and that was paid on behalf of the
15decedent or the decedent's spouse, if all of the following conditions are satisfied:
SB21-SSA1,1837 16Section 1837. 49.849 (2) (a) 1. of the statutes is amended to read:
SB21-SSA1,573,1917 49.849 (2) (a) 1. The decedent died after September 30, 1991, or for the recovery
18of aid under s. 49.785 the decedent died after the effective date of this subdivision
19.... [LRB inserts date]
.
SB21-SSA1,1838 20Section 1838. 49.849 (2) (a) 2. of the statutes is amended to read:
SB21-SSA1,573,2321 49.849 (2) (a) 2. The decedent is not survived by a spouse, a child who is under
22age 21, or a child who is disabled, as defined in s. 49.468 (1) (a) 1. This subdivision
23does not apply for the recovery of aid under s. 49.785.
SB21-SSA1,1839 24Section 1839. 49.849 (3) (b) of the statutes is amended to read:
SB21-SSA1,574,7
149.849 (3) (b) A person who possesses or receives property of a decedent shall
2transmit the property to the department, if the conditions in sub. (2) (a) 1. and, if
3applicable, sub. (2) (a)
2. are satisfied, upon receipt of an affidavit by a person
4designated by the secretary of health services to administer this section showing that
5the department paid on behalf of the decedent or the decedent's spouse recoverable
6benefits specified in sub. (2) (a). Upon transmittal, the person is released from any
7obligation to other creditors or heirs of the decedent.
SB21-SSA1,1840 8Section 1840. 49.849 (3) (c) 5. of the statutes is amended to read:
SB21-SSA1,574,119 49.849 (3) (c) 5. That the person may request from the department a hardship
10waiver, if the person co-owned the property with the decedent or is a beneficiary of
11the property. This subdivision does not apply for the recovery of aid under s. 49.785.
SB21-SSA1,1841 12Section 1841. 49.849 (3) (c) 6. of the statutes is amended to read:
SB21-SSA1,574,1413 49.849 (3) (c) 6. How to request a hardship waiver under subd. 5. This
14subdivision does not apply for the recovery of aid under s. 49.785.
SB21-SSA1,1842 15Section 1842. 49.849 (4) (b) (intro.) of the statutes is amended to read:
SB21-SSA1,574,1816 49.849 (4) (b) (intro.) The Except as provided in par. (bm), the department may
17enforce a lien under par. (a) by foreclosure in the same manner as a mortgage on real
18property, unless any of the following is alive:
SB21-SSA1,1843 19Section 1843. 49.849 (4) (bm) of the statutes is created to read:
SB21-SSA1,574,2320 49.849 (4) (bm) The department may enforce a lien under par. (a) for the
21recovery of aid under s. 49.785 by foreclosure in the same manner as a mortgage on
22real property regardless of whether the decedent's spouse or any child of the decedent
23is alive.
SB21-SSA1,1844 24Section 1844. 49.849 (6) (b) of the statutes is amended to read:
SB21-SSA1,575,6
149.849 (6) (b) From the appropriation under s. 20.435 (7) (4) (im), with respect
2to funds collected by the department under sub. (2) related to long-term community
3support services funded under s. 46.27 (7) paid on behalf of the decedent or the
4decedent's spouse, the department shall pay claims under sub. (5) and shall spend
5the remainder of the funds recovered under this section for long-term community
6support services funded under s. 46.27 (7).
SB21-SSA1,1845 7Section 1845. 49.849 (7) of the statutes is amended to read:
SB21-SSA1,575,138 49.849 (7) Rules for hardship waiver. The department shall promulgate rules
9establishing standards to determine whether the application of this section would
10work an undue hardship in individual cases. If the department determines that the
11application of this section would work an undue hardship in a particular case, the
12department shall waive the application of this section in that case. This subsection
13does not apply with respect to the recovery of aid under s. 49.785.
SB21-SSA1,1846 14Section 1846. 49.85 (1) of the statutes is amended to read:
SB21-SSA1,575,2515 49.85 (1) Department notification requirement. If a county department under
16s. 46.215, 46.22, or 46.23 or a governing body of a federally recognized American
17Indian tribe or band determines that the department of health services may recover
18an amount under s. 49.497, 49.793, or 49.847, or that the department of children and
19families may recover an amount under s. 49.138 (5), 49.161, or 49.195 (3) or collect
20an amount under s. 49.147 (6) (cm), the county department or governing body shall
21notify the affected department of the determination. If a Wisconsin Works agency
22determines that the department of children and families may recover an amount
23under s. 49.138 (5), 49.161, or 49.195 (3), or collect an amount under s. 49.147 (6) (cm),
24the Wisconsin Works agency shall notify the department of children and families of
25the determination.
SB21-SSA1,1847
1Section 1847. 49.85 (2) (b) of the statutes is amended to read:
SB21-SSA1,576,102 49.85 (2) (b) At least annually, the department of children and families shall
3certify to the department of revenue the amounts that, based on the notifications
4received under sub. (1) and on other information received by the department of
5children and families, the department of children and families has determined that
6it may recover under ss. 49.138 (5), 49.161, and 49.195 (3) and collect under s. 49.147
7(6) (cm), except that the department of children and families may not certify an
8amount under this subsection unless it has met the notice requirements under sub.
9(3) and unless its determination has either not been appealed or is no longer under
10appeal.
SB21-SSA1,1848 11Section 1848. 49.85 (3) (b) 1. of the statutes is amended to read:
SB21-SSA1,576,1612 49.85 (3) (b) 1. Inform the person that the department of children and families
13intends to certify to the department of revenue an amount that the department of
14children and families has determined to be due under s. 49.138 (5), 49.161, or 49.195
15(3) or to be delinquent under a repayment agreement for a loan under s. 49.147 (6),
16for setoff from any state tax refund that may be due the person.
SB21-SSA1,1849 17Section 1849. 49.854 (5) (c) of the statutes is amended to read:
SB21-SSA1,576,2418 49.854 (5) (c) 1. Notwithstanding par. (b), if a lien under par. (b) is in favor of
19another state, the notice sent by the department to the financial institution may
20consist of the request from the other state to enforce the lien, a certification by the
21department that any necessary due process requirements were met in the other
22state, a request that the financial institution honor the request from the other state
23by sending the amount specified in the request directly to the other state, and the
24address to which the financial institution shall send the funds.
SB21-SSA1,577,2
13. Notice and hearing requirements under pars. (d) and (f) do not apply to a lien
2in favor of another state.
SB21-SSA1,1850 3Section 1850. 49.854 (5) (c) 2. of the statutes is created to read:
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