49.795(8)(a)2.
2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section is guilty of a Class I felony.
49.795(8)(b)
(b) For a 2nd or subsequent offense under this section:
49.795(8)(b)1.
1. If the value of the food coupons does not exceed $100, a person who violates this section may be fined not more than $1,000 or imprisoned not more than one year in the county jail or both.
49.795(8)(b)2.
2. If the value of the food coupons exceeds $100, but is less than $5,000, a person who violates this section is guilty of a Class H felony.
49.795(8)(c)
(c) For any offense under this section, if the value of the food coupons is $5,000 or more, a person who violates this section is guilty of a Class G felony.
49.795(8)(d)1.1. In addition to the penalties applicable under
par. (a),
(b) or
(c), the court shall suspend a person who violates this section from participation in the food stamp program as follows:
49.795(8)(d)1.a.
a. For a first offense under this section, one year. The court may extend the suspension by not more than 18 months.
49.795(8)(d)1.b.
b. For a 2nd offense under this section, 2 years. The court may extend the suspension by not more than 18 months.
49.795(8)(d)1m.
1m. In addition to the penalties applicable under
par. (a),
(b) or
(c), a court shall permanently suspend from the food stamp program a person who has been convicted of an offense under
7 USC 2024 (b) or (c) involving an item covered by
7 USC 2024 (b) or (c) having a value of $500 or more.
49.795(8)(d)2.
2. The person may apply to the county department under
s. 46.215,
46.22 or
46.23 or the federally recognized American Indian tribal governing body or, if the person is a supplier, to the federal department of agriculture for reinstatement following the period of suspension, if the suspension is not permanent.
49.795(8)(e)1.1. If a court finds that a person traded a controlled substance, as defined in
s. 961.01 (4), for food coupons, the court shall suspend the person from participation in the food stamp program as follows:
49.795(8)(e)2.
2. If a court finds that a person traded firearms, ammunition or explosives for food coupons, the court shall suspend the person permanently from participation in the food stamp program.
49.795(8)(f)
(f) Notwithstanding
par. (d), in addition to the penalties applicable under
par. (a),
(b) or
(c), the court shall suspend from the food stamp program for a period of 10 years a person who fraudulently misstates or misrepresents his or her identity or place of residence for the purpose of receiving multiple benefits simultaneously under the food stamp program.
49.795 History
History: 2001 a. 16 s.
1656tz; Stats. 2001 s. 49.795;
2001 a. 109.
49.797
49.797
Electronic benefit transfer. 49.797(1)
(1)
Definition. In this section, "food stamp program" means the federal food stamp program under
7 USC 2011 to
2029 or, if the department determines that the food stamp program no longer exists, a nutrition program that the department determines is a successor to the food stamp program.
49.797(2)(a)(a) Except as provided in
par. (b) and
sub. (8), the department shall administer a statewide program to deliver food stamp benefits to recipients of food stamp benefits by an electronic benefit transfer system. All suppliers, as defined in
s. 49.795 (1) (d), may participate in the delivery of food stamp benefits under the electronic benefit transfer system. The department shall explore methods by which nontraditional retailers, such as farmers' markets, may participate in the delivery of food stamp benefits under the electronic benefit transfer system.
49.797(2)(b)
(b) The department need not implement a program to deliver food stamp benefits by an electronic benefit transfer system if any of the following applies:
49.797(2)(b)1.
1. The department determines that the cost of the electronic benefit transfer system would be greater than the cost of another food stamp delivery system.
49.797(4)
(4) Duties. In administering a program to deliver benefits by an electronic benefit transfer system, the department shall do all of the following:
49.797(4)(a)
(a) Consult with members of the following groups:
49.797(4)(a)4.
4. Appropriate county, state and tribal governing body employees.
49.797(4)(a)5.
5. Persons who sell goods or services to recipients for which payment may be made by use of an electronic benefit transfer system, including, as appropriate, retailers, landlords and public utilities.
49.797(4)(b)
(b) Hold informational meetings at a variety of locations around the state.
49.797(4)(c)
(c) To the extent possible, maximize the use of existing automated teller machines and point-of-sale terminals.
49.797(5)
(5) State agencies. The department may enter into an agreement with any state agency to deliver benefits paid by that agency by an electronic benefit transfer system.
49.797(6)
(6) Administration; contracts. The department may enter into a contract with any financial institution, as defined in
s. 705.01 (3), or other fiscal intermediary to administer a program to deliver benefits to recipients by an electronic benefit transfer system. The contract shall require the contractor to do all of the following:
49.797(6)(a)
(a) Provide training on the use of the electronic benefit transfer system to the persons enumerated in
sub. (4) (a).
49.797(6)(b)
(b) Provide ongoing assistance, on a 24-hour basis, on the use of the electronic benefit transfer system.
49.797(7)
(7) Rules. The department shall promulgate rules for the administration of the electronic benefit transfer system under this section. The rules shall include all of the following:
49.797(7)(a)
(a) The liability, and limits on the liability, of a recipient for lost benefits after the loss or theft of a card issued to the recipient under
sub. (4) (d).
49.797(7)(b)
(b) The suspension from a program of recipients, retailers or other participants for fraudulent activity, as defined by the department.
49.797(7)(d)
(d) Measures to be taken by the department or the person with whom the department contracts under
sub. (6) to ensure the security of card issuance and electronic transfer of benefits.
49.797(8)
(8) County participation; exception. The department may not require a county or tribal governing body to participate in an electronic benefit transfer system under this section if the costs to the county or tribal governing body would be greater than the costs that the county or tribal governing body would incur in delivering the benefits through a system that is not an electronic benefit transfer system.
49.797 History
History: 2001 a. 16 ss.
1656u to
1656ue,
1656uj to
1656ut; Stats. 2001 s. 49.797.
49.797 Cross-reference
Cross Reference: See also ch.
HFS 252, Wis. adm. code.
GENERAL PROVISIONS
49.81
49.81
Public assistance recipients' bill of rights. The department of health and family services, the department of workforce development and all public assistance and relief-granting agencies shall respect rights for recipients of public assistance. The rights shall include all rights guaranteed by the U.S. constitution and the constitution of this state, and in addition shall include:
49.81(1)
(1) The right to be treated with respect by state agents.
49.81(2)
(2) The right to confidentiality of agency records and files on the recipient. Nothing in this subsection shall prohibit the use of such records for auditing or accounting purposes or, to the extent permitted under federal law, for the purposes of locating persons, or the assets of persons, who have failed to file tax returns, who have underreported their taxable income or who are delinquent taxpayers, identifying fraudulent tax returns or providing information for tax-related prosecutions.
49.81(3)
(3) The right to access to agency records and files relating to the recipient, except that the agency may withhold information obtained under a promise of confidentiality.
49.81(4)
(4) The right to a speedy determination of the recipient's status or eligibility for public assistance, to notice of any proposed change in such status or eligibility, and, in the case of assistance granted under
s. 49.19,
49.46,
49.468 or
49.47, to a speedy appeals process for resolving contested determinations.
49.82
49.82
Administration of public assistance programs. 49.82(1)(1)
Departments to advise counties. The department of health and family services and the department of workforce development shall advise all county officers charged with the administration of requirements relating to public assistance programs under this chapter and shall render all possible assistance in securing compliance therewith, including the preparation of necessary forms and reports. The department of health and family services and the department of workforce development shall also publish any information that those departments consider advisable to acquaint persons entitled to public assistance, and the public generally, with the laws governing public assistance under this chapter.
49.82(2)
(2) Eligibility verification. Proof shall be provided for each person included in an application for public assistance under this chapter, except for a child who is eligible for medical assistance under
s. 49.46 or
49.47 because of
42 USC 1396a (e) (4) or an unborn child who is eligible for coverage under the Badger Care health care program under
s. 49.665 (4) (ap), of his or her social security number or that an application for a social security number has been made.
49.83
49.83
Limitation on giving information. Except as provided under
s. 49.32 (9),
(10), and
(10m), no person may use or disclose information concerning applicants and recipients of relief funded by a relief block grant, aid to families with dependent children, Wisconsin Works under
ss. 49.141 to
49.161, social services, child and spousal support and establishment of paternity and medical support liability services under
s. 49.22, or supplemental payments under
s. 49.77 for any purpose not connected with the administration of the programs, except that the department of workforce development may disclose such information to the department of revenue for the sole purpose of administering state taxes. Any person violating this section may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.
49.83 History
History: 1995 a. 27 ss.
3142,
3144; Stats. 1995 s. 49.83;
1995 a. 289,
361,
404;
1997 a. 35;
2005 a. 25.
49.84
49.84
Verification of public assistance applications. 49.84(1)(1) Any person who applies for any public assistance shall execute the application or self-declaration in the presence of the welfare worker or other person processing the application. This subsection does not apply to any superintendent of a mental health institute, director of a center for the developmentally disabled, superintendent of a state treatment facility or superintendent of a state correctional facility who applies for public assistance on behalf of a patient.
49.84(2)
(2) At the time of application, the agency administering the public assistance program shall apply to the department of health and family services for a certified copy of a birth certificate for the applicant if the applicant is required to provide a birth certificate or social security number as part of the application and for any person in the applicant's household who is required to provide a birth certificate or social security number. The department of health and family services shall provide without charge any copy for which application is made under this subsection.
49.84(3)
(3) Notwithstanding
subs. (1) and
(2), personal identification documentation requirements may be waived for 10 days for an applicant for relief funded by a relief block grant, if the applicant agrees to cooperate with the relief agency by providing information necessary to obtain proper identification.
49.84(4)
(4) Notwithstanding
sub. (2), the relief agency receiving an application under
sub. (3) shall pay on behalf of any applicant under
sub. (3) fees required for the applicant to obtain proper identification.
49.84(5)
(5) A person applying for Wisconsin works under
ss. 49.141 to
49.161, aid to families with dependent children under
s. 49.19, medical assistance under
subch. IV or food stamp program benefits under
7 USC 2011 to
2029 shall, as a condition of eligibility, provide a declaration and other verification of citizenship or satisfactory immigration status as required by the department by rule or as required in
42 USC 1320b-7 (d).
49.845
49.845
Fraud investigation and error reduction. 49.845(1)(1)
Fraud investigation. From the appropriations under
s. 20.435 (4) (bn),
(kz),
(L), and
(nn), the department of health and family services shall establish a program to investigate suspected fraudulent activity on the part of recipients of medical assistance under
subch. IV, food stamp benefits under the food stamp program under
7 USC 2011 to
2036, supplemental security income payments under
s. 49.77, payments for the support of children of supplemental security income recipients under
s. 49.775, and health care benefits under the Badger Care health care program under
s. 49.665 and, if the department of workforce development contracts with the department of health and family services under
sub. (4), on the part of recipients of aid to families with dependent children under
s. 49.19 and participants in the Wisconsin Works program under
ss. 49.141 to
49.161. The activities of the department of health and family services under this subsection may include comparisons of information provided to the department by an applicant and information provided by the applicant to other federal, state, and local agencies, development of an advisory welfare investigation prosecution standard, and provision of funds to county departments under
ss. 46.215,
46.22, and
46.23 and to Wisconsin Works agencies to encourage activities to detect fraud. The department of health and family services shall cooperate with district attorneys regarding fraud prosecutions.
49.845(2)
(2) State error reduction activities. The department of health and family services shall conduct activities to reduce payment errors in the Medical Assistance program under
subch. IV, the food stamp program under
7 USC 2011 to
2036, the supplemental security income payments program under
s. 49.77, the program providing payments for the support of children of supplemental security income recipients under
s. 49.775, and the Badger Care health care program under
s. 49.665 and, if the department of workforce development contracts with the department of health and family services under
sub. (4), in Wisconsin Works under
ss. 49.141 to
49.161.
49.845(3)
(3) Wisconsin Works agency error reduction. If the department of workforce development contracts with the department of health and family services under
sub. (4), the department of health and family services shall provide funds from the appropriation under
s. 20.435 (4) (kz) to Wisconsin Works agencies to offset the administrative costs of reducing payment errors in Wisconsin Works under
ss. 49.141 to
49.161.
49.845(4)
(4) Contract for Wisconsin Works. Notwithstanding
s. 49.197 (1m) and
(3), the department of workforce development may contract with the department of health and family services to investigate suspected fraudulent activity on the part of recipients of aid to families with dependent children under
s. 49.19 and participants in Wisconsin Works under
ss. 49.141 to
49.161 and to conduct activities to reduce payment errors in Wisconsin Works under
ss. 49.141 to
49.161, as provided in this section.
49.845 History
History: 2005 a. 25.
49.847
49.847
Recovery of incorrect payments under certain public assistance programs. 49.847(1)
(1) Subject to
ss. 49.497 (1) and
49.793 (1), the department of health and family services, or a county or elected governing body of a federally recognized American Indian tribe or band acting on behalf of the department, may recover benefits incorrectly paid under any of the programs administered by the department under this chapter.
49.847(2)
(2) The department, county, or elected governing body may recover an overpayment from a family or individual who continues to receive benefits under any program administered by the department under this chapter by reducing the family's or individual's benefit amount. Subject to
s. 49.793 (1), the department may by rule specify other methods for recovering incorrectly paid benefits.
49.847(3)
(3) Subject to
ss. 49.497 (2) and
49.793 (2), a county or elected governing body may retain a portion of an amount recovered under this section due to the efforts of an employee or officer of the county, tribe, or band, as provided by the department by rule.
49.847 History
History: 2005 a. 25.
49.847 Cross-reference
Cross Reference: See also ch.
HFS 2, Wis. adm. code.
49.85
49.85
Certification of certain public assistance overpayments and delinquent loan repayments. 49.85(1)
(1)
Department notification requirement. If a county department under
s. 46.215,
46.22, or
46.23 or a governing body of a federally recognized American Indian tribe or band determines that the department of health and family services may recover an amount under
s. 49.497,
49.793, or
49.847, or that the department of workforce development may recover an amount under
s. 49.161 or
49.195 (3) or collect an amount under
s. 49.147 (6) (cm), the county department or governing body shall notify the affected department of the determination. If a Wisconsin Works agency determines that the department of workforce development may recover an amount under
s. 49.161 or
49.195 (3), or collect an amount under
s. 49.147 (6) (cm), the Wisconsin Works agency shall notify the department of workforce development of the determination.
49.85(2)(a)(a) At least annually, the department of health and family services shall certify to the department of revenue the amounts that, based on the notifications received under
sub. (1) and on other information received by the department of health and family services, the department of health and family services has determined that it may recover under
s. 49.45 (2) (a) 10.,
49.497,
49.793, or
49.847, except that the department of health and family services may not certify an amount under this subsection unless all of the following apply:
49.85(2)(a)2.
2. The department's determination has either not been appealed or is no longer under appeal.
49.85(2)(b)
(b) At least annually, the department of workforce development shall certify to the department of revenue the amounts that, based on the notifications received under
sub. (1) and on other information received by the department of workforce development, the department of workforce development has determined that it may recover under
ss. 49.161 and
49.195 (3) and collect under
s. 49.147 (6) (cm), except that the department of workforce development may not certify an amount under this subsection unless it has met the notice requirements under
sub. (3) and unless its determination has either not been appealed or is no longer under appeal.
