1995 Wisconsin Act 27

49.493 (1) (b) “Medical benefits or assistance" means medical benefits under s. 49.02 or 49.046 or medical assistance.

27,3070 Section 3070 . 49.493 (2) of the statutes is amended to read:

49.493 (2) The providing of medical benefits or assistance constitutes an assignment to the department or contract provider, to the extent of the medical benefits or assistance benefits provided, for benefits to which the recipient would be entitled under any uninsured health plan.

27,3071 Section 3071 . 49.493 (3) (d) of the statutes is amended to read:

49.493 (3) (d) Impose on the department or contract provider, as assignee of a person or a person's dependent who is covered under the uninsured health plan and who is eligible for medical benefits or assistance, requirements that are different from those imposed on any other agent or assignee of a person who is covered under the uninsured health plan.

27,3072 Section 3072 . 49.493 (4) of the statutes is amended to read:

49.493 (4) Benefits provided by an uninsured health plan shall be primary to those benefits provided under medical benefits or assistance.

27,3073 Section 3073 . 49.495 of the statutes is amended to read:

49.495 Jurisdiction of the department of justice. The department of justice or the district attorney may institute, manage, control and direct, in the proper county, any prosecution for violation of criminal laws affecting the medical assistance program including but not limited to laws relating to medical assistance contained in this chapter subchapter and laws affecting the health, safety and welfare of recipients of medical assistance. For this purpose the department of justice shall have and exercise all powers conferred upon district attorneys in such cases. The department of justice or district attorney shall notify the medical examining board or the interested affiliated credentialing board of any such prosecution of a person holding a license granted by the board or affiliated credentialing board.

27,3074 Section 3074 . 49.496 (3) (a) 2. a. of the statutes, as created by 1993 Wisconsin Act 437, is amended to read:

49.496 (3) (a) 2. a. Home-based or community-based services under 42 USC 1396d (7) and (8) and under any waiver granted under 42 USC 1396n (c) (4) (B) or 42 USC 1396u.

27,3075 Section 3075 . 49.496 (4) of the statutes is amended to read:

49.496 (4) Administration. The department may require a county department under s. 46.215 or, 46.22 or 46.23 or the governing body of a federally recognized American Indian tribe administering medical assistance to gather and provide the department with information needed to recover medical assistance under this section. The department shall pay to a county department or tribal governing body an amount equal to 5% of the recovery collected by the department relating to a beneficiary for whom the county department or tribal governing body made the last determination of medical assistance eligibility. A county department or tribal governing body may use funds received under this subsection only to pay costs incurred under this subsection and, if any amount remains, to pay for improvements to functions required under s. 46.032 49.33 (2). The department may withhold payments under this subsection for failure to comply with the department's requirements under this subsection. The department shall treat payments made under this subsection as costs of administration of the medical assistance program.

27,3076 Section 3076 . 49.496 (5) of the statutes is amended to read:

49.496 (5) Use of funds. From the appropriation under s. 20.435 (1) (im), the department shall pay the amount of the payments under sub. (4) that is not paid from federal funds, shall pay to the federal government the amount of the funds recovered under this section equal to the amount of federal funds used to pay the benefits recovered under this section and shall spend the remainder of the funds recovered under this section for medical assistance benefits administered under s. 49.45 under this subchapter.

27,3079r Section 3079r. 49.498 (16m) of the statutes is created to read:

49.498 (16m) Appeals procedures. Appeals procedures under this section shall be consistent with the requirements specified in 42 CFR 431.151 (a) and (b).

27,3080 Section 3080 . The unnumbered subchapter title preceding 49.50 of the statutes is repealed.

27,3081 Section 3081 . 49.50 (title) of the statutes is repealed.

27,3082 Section 3082 . 49.50 (1) (title) of the statutes is repealed.

27,3083 Section 3083 . 49.50 (1) of the statutes is renumbered 49.001 (1) and amended to read:

49.001 (1) In this section, “child “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).

27,3084 Section 3084 . 49.50 (2) of the statutes is renumbered 49.33 (4).

27,3085 Section 3085 . 49.50 (3) of the statutes is renumbered 49.33 (5).

27,3086 Section 3086 . 49.50 (4) of the statutes is renumbered 49.33 (6).

27,3087 Section 3087 . 49.50 (5) of the statutes is renumbered 49.33 (7) and amended to read:

49.33 (7) County personnel systems. Pursuant to rules promulgated under sub. (2) (4), the department where requested by the county shall delegate to that county, without restriction because of enumeration, any or all of the department's authority under sub. (2) (4) to establish and maintain personnel standards including salary levels.

27,3088 Section 3088 . 49.50 (6) of the statutes is renumbered 49.82 (1) and amended to read:

49.82 (1) (title) Department Departments to advise counties. The department of health and social services and the department of industry, labor and human relations shall advise all county officers charged with the administration of such laws of these requirements relating to public assistance programs under this chapter and shall render all possible assistance in securing compliance therewith, including the preparation of necessary blanks and reports. The department of health and social services and the department of industry, labor and human relations shall also publish such information as it deems advisable to acquaint persons entitled to public assistance and the public generally with the laws governing the same public assistance under this chapter.

27,3089c Section 3089c. 49.50 (6e) (title) of the statutes is renumbered 49.191 (1) (title) and amended to read:

49.191 (1) (title) Day Child care funds for certain recipients of aid to families of with dependent children.

27,3090 Section 3090 . 49.50 (6e) (a) of the statutes is renumbered 49.191 (1) (a).

27,3091 Section 3091 . 49.50 (6e) (b) of the statutes is amended to read:

49.50 (6e) (b) Within the limits of funds available under s. 20.435 (4) (cn) and (na) and (6) (jg), the department shall provide funds for individuals who are working and who receive aid to families with dependent children to pay child care costs in excess of the amount of the child care disregard under s. 49.19 (5) (a) and child care costs incurred before the child care disregard under s. 49.19 (5) (a) becomes available if the child care is provided by a child care provider.

27,3092 Section 3092 . 49.50 (6e) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.191 (1) (b) and amended to read:

49.191 (1) (b) Within the limits of funds available under s. ss. 20.435 (4) (cn) and (na) and (6) (3) (jg) and 20.445 (3) (cn) and (na), the department shall provide funds for individuals who are working and who receive aid to families with dependent children to pay child care costs in excess of the amount of the child care disregard under s. 49.19 (5) (a) and child care costs incurred before the child care disregard under s. 49.19 (5) (a) becomes available if the child care is provided by a child care provider.

27,3093c Section 3093c. 49.50 (6g) of the statutes is renumbered 49.191 (2), and 49.191 (2) (title), as renumbered, is amended to read:

49.191 (2) (title) Day Child care funds for former recipients of aid to families with dependent children.

27,3094 Section 3094 . 49.50 (6k) (title) of the statutes is amended to read:

49.50 (6k) (title) Administration of day child care funds under the aid to families with dependent children program.

27,3095 Section 3095 . 49.50 (6k) (title) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.191 (3) (title).

27,3096 Section 3096 . 49.50 (6k) (a) of the statutes is renumbered 49.191 (3) (a) and amended to read:

49.191 (3) (a) County departments under ss. 46.215, 46.22 and 46.23 shall administer the funds appropriated for the purpose of providing child care under subs. (6e) (b) and (6g) (1) (b) and (2) for recipients and former recipients of aid under s. 49.19 and under sub. (7) (e) s. 49.26 (1) (e) for participants in the learnfare program. The department shall allocate funds to county departments under ss. 46.215, 46.22 and 46.23 for the purposes of this paragraph.

27,3097 Section 3097 . 49.50 (6k) (b) of the statutes is renumbered 49.191 (3) (b) and amended to read:

49.191 (3) (b) Beginning on January 1, 1994, a county department under s. 46.215, 46.22 or 46.23 may, with the approval of the department, provide payment for, or reimbursement of, child care under sub. (1) (a) or s. 49.193 (8) or 49.50 (6e) (a) using funds allocated under par. (a). The department shall approve or disapprove this use of funds under criteria established to maximize state and federal funding available for child care.

27,3098 Section 3098 . 49.50 (6k) (c) of the statutes is created to read:

49.50 (6k) (c) Notwithstanding s. 49.41, the department shall promptly recover all overpayments made under subs. (6e), (6g) and (7) (e) and ss. 49.193 (8) and 49.27 (6) (c). The department shall promulgate rules establishing policies and procedures to administer this paragraph.

27,3099 Section 3099 . 49.50 (6k) (c) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 49.191 (3) (c) and amended to read:

49.191 (3) (c) Notwithstanding s. 49.41 49.96, the department shall promptly recover all overpayments made under subs. (6e), (6g), and (7) (e) (1) and (2) and ss. 49.193 (8), 49.26 (1) (e) and 49.27 (6) (c). The department shall promulgate rules establishing policies and procedures to administer this paragraph.

27,3100c Section 3100c. 49.50 (6n) of the statutes is renumbered 49.191 (4), and 49.191 (4) (title), as renumbered, is amended to read:

49.191 (4) (title) Day Child care expenditure information.

27,3101 Section 3101 . 49.50 (7) (title) of the statutes is renumbered 49.26 (title) and amended to read:

49.26 (title) Learnfare pilot program.

27,3102b Section 3102b. 49.50 (7) (a) (intro.) of the statutes is renumbered 49.26 (1) (a) (intro.) and amended to read:

49.26 (1) (a) (intro.) In this subsection, “ school":

2. “School" means any one of the following:

27,3102c Section 3102c. 49.50 (7) (a) 1. to 4. of the statutes are renumbered 49.26 (1) (a) 2. a. to d.

27,3103b Section 3103b. 49.50 (7) (e) of the statutes is renumbered 49.26 (1) (e) and amended to read:

49.26 (1) (e) For an individual who is a recipient of aid under s. 49.19, who is the parent with whom a dependent child lives and who is either required to attend subject to the school attendance requirement under par. (g) (ge) or is under 20 years of age and wants to attend school, the department shall make a monthly payment to the individual or the child care provider for the month's child care costs in an amount based on need with the maximum amount per child equal to the lesser of the actual cost of the care or the rate established under s. 46.98 (4) (d) or, if a higher rate is established under s. 46.98 (4) (e) and if the child care meets the quality standards established under s. 46.98 (4) (e), in an amount based on need with the maximum amount per child equal to the lesser of the actual cost of the care or the rate established under s. 46.98 (4) (e), if the individual demonstrates the need to purchase child care services in order to attend school and those services are available from a child care provider.

27,3105b Section 3105b. 49.50 (7) (g) of the statutes is renumbered 49.26 (1) (g), and 49.26 (1) (g) (intro.), as renumbered, is amended to read:

49.26 (1) (g) (intro.) An individual who is a recipient of aid under s. 49.19 shall attend school to meet the participation requirements of the program under this subsection is subject to the school attendance requirement under par. (ge) if all of the following apply:

27,3109b Section 3109b. 49.50 (7) (gm) of the statutes is renumbered 49.26 (1) (gm) (intro.) and amended to read:

49.26 (1) (gm) (intro.) The first time that an individual fails to meet the requirements school attendance requirement under par. (g) (ge), the county department under s. 46.215, 46.22 or 46.23 shall offer do all of the following:

2. Offer case management services described in s. 46.62 sub. (2) to the individual and his or her family.

27,3111b Section 3111b. 49.50 (7) (h) of the statutes is renumbered 49.26 (1) (h), and 49.26 (1) (h) 1. (intro.) and c. and 1m., as renumbered, are amended to read:

49.26 (1) (h) 1. (intro.) An individual who is 6 to 12 years of age and who fails to meet the requirements school attendance requirement under par. (g) (ge) is subject to sanctions as provided by the department by rule only if all of the following apply:

c. The individual continues to fail to meet the requirements school attendance requirement under par. (g) (ge).

1m. An individual who is 13 to 19 years of age and who fails to meet the requirements school attendance requirement under par. (g) (ge) is subject to sanctions as provided by the department by rule. only if all of the following apply:

27,3115 Section 3115 . 49.50 (7) (hm) of the statutes is renumbered 49.26 (1) (hm).

27,3116b Section 3116b. 49.50 (7) (hr) of the statutes is renumbered 49.26 (1) (hr) and amended to read:

49.26 (1) (hr) If an individual required to attend subject to the school attendance requirement under par. (g) (ge) is enrolled in a public school, communications between the school district and the department or a county department under s. 46.215, 46.22 or 46.23 concerning the individual's school attendance may only be made by a school attendance officer, as defined under s. 118.16 (1) (a).

27,3118b Section 3118b. 49.50 (7) (i) of the statutes is renumbered 49.26 (1) (i) and amended to read:

49.26 (1) (i) The department shall request a waiver from the secretary of the federal department of health and human services to permit the application of the school attendance requirement under par. (g) (ge). Paragraphs (e) and (g) to (hr) do not apply unless the federal waiver is in effect. If a waiver is received, the department shall implement par. (e) beginning with the fall 1987 school term, as defined under s. 115.001 (12), or on the date the waiver is effective, whichever is later.

27,3120b Section 3120b. 49.50 (7) (j) of the statutes is renumbered 49.26 (1) (j) amended to read:

49.26 (1) (j) The department shall designate 4 counties in which the school attendance requirement under par. (g) (ge) will apply to individuals who are 6 to 12 years of age. The department may phase in the requirement by age, beginning on the first day of the fall 1994 school term, as defined in s. 115.001 (12). The department shall conduct or contract for an evaluation of the expansion of the school attendance requirement under this paragraph.

27,3122 Section 3122 . 49.50 (8) of the statutes is renumbered 49.21 (1).

27,3124 Section 3124 . 49.50 (9) of the statutes is renumbered 49.21 (2).

27,3125 Section 3125 . 49.50 (10) of the statutes is renumbered 49.82 (2) and amended to read:

49.82 (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), of his or her social security number or that an application for a social security number has been made.

27,3126 Section 3126 . 49.50 (11) of the statutes is amended to read:

49.50 (11) Periodic earnings check by department. The department shall make a periodic check of the amounts earned by recipients of medical assistance under s. 49.46, 49.468 or 49.47, aid to families with dependent children under s. 49.19 and food stamps under 7 USC 2011 to 2029 through a check of the amounts credited to the recipient's social security number. The department shall make an investigation into any discrepancy between the amounts credited to a social security number and amounts reported as income on the declaration application and take appropriate action under s. 49.12 49.95 when warranted. The department shall use the state wage reporting system developed by the department of industry, labor and human relations under 1985 Wisconsin Act 17, section 65 (1), when the system is implemented, to make periodic earnings checks. The department of industry, labor and human relations shall cooperate with the department in supplying this information.

27,3127 Section 3127 . 49.50 (11) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,3128 Section 3128 . 49.51 of the statutes is repealed.

27,3129 Section 3129 . 49.52 (title) of the statutes is renumbered 46.495 (title) and amended to read:

46.495 (title) Reimbursement Distribution of community aids funds to counties.

27,3130 Section 3130 . 49.52 (1) (ad) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.33 (8) and amended to read:

49.33 (8) (title) Reimbursement for income maintenance administration. (a) The department shall reimburse each county for reasonable costs of income maintenance relating to the administration of the programs under this subchapter and subch. IV according to a formula based on workload within the limits of available state and federal funds under s. 20.435 (4) (de) and (nL) 20.445 (3) (de) and (nL) by contract under s. 46.032 49.33 (2). The amount of reimbursement calculated under this paragraph and par. (b) is in addition to any reimbursement provided to a county for fraud and error reduction under s. 49.197 (1m) and (4).

(b) The department may adjust the amounts determined under subd. 1. par. (a) for workload changes and computer network activities performed by counties.

27,3131 Section 3131 . 49.52 (1) (ad) 2. of the statutes is amended to read: