1995 Wisconsin Act 27

27,3190 Section 3190 . 49.80 (3) (d) of the statutes is renumbered 16.385 (3) (d) and amended to read:

16.385 (3) (d) From the appropriation under s. 20.435 (4) (md) 20.505 (7) (o), allocate $2,900,000 in each federal fiscal year for the expenses of a county department, another local governmental agency or a private nonprofit organization in administering under sub. (4) the funds to provide low-income energy assistance.

27,3191 Section 3191 . 49.80 (3) (e) (intro.) of the statutes is renumbered 16.385 (3) (e) (intro.) and amended to read:

16.385 (3) (e) (intro.) From the appropriation under s. 20.435 (4) (md) 20.505 (7) (o):

27,3192 Section 3192 . 49.80 (3) (e) 1. of the statutes is renumbered 16.385 (3) (e) 1. and amended to read:

16.385 (3) (e) 1. Allocate and transfer to the appropriation under s. 20.505 (7) (km), 15% of the moneys received under 42 USC 8621 to 8629 in each federal fiscal year under the priority of maintaining funding for the geographical areas on July 20, 1985, and, if funding is reduced, prorating contracted levels of payment, for the weatherization assistance program administered by the department of administration under s. 16.39.

27,3193 Section 3193 . 49.80 (3) (e) 2. of the statutes is amended to read:

49.80 (3) (e) 2. Allocate $2,400,000 not more than $3,200,000 in each federal fiscal year for the payment of crisis assistance benefits to meet weather-related or fuel supply shortage emergencies under sub. (8).

27,3194 Section 3194 . 49.80 (3) (e) 2. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 16.385 (3) (e) 2.

27,3195 Section 3195 . 49.80 (3) (e) 3. of the statutes is renumbered 16.385 (3) (e) 3.

27,3196 Section 3196 . 49.80 (3) (e) 6. of the statutes is renumbered 16.385 (3) (e) 6.

27,3197 Section 3197 . 49.80 (3) (e) 7. of the statutes is renumbered 16.385 (3) (e) 7.

27,3198 Section 3198 . 49.80 (4) (title) of the statutes is renumbered 16.385 (4) (title).

27,3199 Section 3199 . 49.80 (4) (a) of the statutes is renumbered 16.385 (4) (a) and amended to read:

16.385 (4) (a) A household may apply after September 30 and before May 16 of any year for heating assistance from the county department under s. 46.215 (1) (n) or 46.22 (1) (b) 10. 4. a. to e. or from another local governmental agency or a private nonprofit organization with which the department contracts to administer the heating assistance program, and shall have the opportunity to do so on a form prescribed by the department for that purpose.

27,3200 Section 3200 . 49.80 (4) (b) of the statutes is renumbered 16.385 (4) (b).

27,3201 Section 3201 . 49.80 (5) (intro.) of the statutes is renumbered 16.385 (5) (intro.).

27,3202 Section 3202 . 49.80 (5) (b) of the statutes is renumbered 16.385 (5) (b).

27,3203 Section 3203 . 49.80 (5) (c) of the statutes is renumbered 16.385 (5) (c) and amended to read:

16.385 (5) (c) A household entirely composed of persons receiving aid to families with dependent children under s. 49.19, food stamps under 7 USC 2011 to 2029, or supplemental security income or state supplemental payments under 42 USC 1381 to 1383c or s. 49.177 49.77.

27,3204 Section 3204 . 49.80 (5) (d) of the statutes is renumbered 16.385 (5) (d).

27,3205 Section 3205 . 49.80 (6) of the statutes is renumbered 16.385 (6).

27,3206 Section 3206 . 49.80 (7) of the statutes is renumbered 16.385 (7).

27,3207 Section 3207 . 49.80 (8) of the statutes is renumbered 16.385 (8).

27,3208 Section 3208 . Subchapter VI (title) of chapter 49 [precedes 49.81] of the statutes is created to read:

Chapter 49

Subchapter VI
General provisions

27,3209 Section 3209 . 49.82 (title) of the statutes is created to read:

49.82 (title) Administration of public assistance programs.

27,3210 Section 3210 . 49.84 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

49.84 (2) At the time of application, the agency administering the public assistance program shall apply to the department of health and social 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 social services shall provide without charge any copy for which application is made under this subsection.

27,3211 Section 3211 . 49.84 (5) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

49.84 (5) A person applying for aid to families with dependent children under s. 49.19, medical assistance under ss. 49.45 to 49.47 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 in 42 USC 1320b-7 (d).

27,3212 Section 3212 . 49.85 (2) (b), (3) (b) and (4) (b) of the statutes are created to read:

49.85 (2) (b) At least annually, the department of industry, labor and human relations 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 industry, labor and human relations, the department of industry, labor and human relations has determined that it may recover under ss. 49.125 and 49.195 (3), except that the department of industry, labor and human relations may not certify an amount under this subsection unless it has met the notice requirements under sub. (3) and unless it's determination has either not been appealed or is no longer under appeal.

(3) (b) At least 30 days before certification of an amount, the department of industry, labor and human relations shall send a notice to the last-known address of the person from whom that department intends to recover the amount. The notice shall do all of the following:

1. Inform the person that the department of industry, labor and human relations intends to certify to the department of revenue an amount that the department of industry, labor and human relations has determined to be due under s. 49.125 or 49.195 (3), for setoff from any state tax refund that may be due the person.

2. Inform the person that he or she may appeal the determination of the department of industry, labor and human relations to certify the amount by requesting a hearing under sub. (4) within 30 days after the date of the letter and inform the person of the manner in which he or she may request a hearing.

3. Inform the person that, if the determination of the department of industry, labor and human relations is appealed, that department will not certify the amount to the department of revenue while the determination of the department of industry, labor and human relations is under appeal.

4. Inform the person that, unless a contested case hearing is requested to appeal the determination of the department of industry, labor and human relations, the person may be precluded from challenging any subsequent setoff of the certified amount by the department of revenue, except on the grounds that the certified amount has been partially or fully paid or otherwise discharged, since the date of the notice.

5. Request that the person inform the department of industry, labor and human relations if a bankruptcy stay is in effect with respect to the person or if the claim has been discharged in bankruptcy.

6. Inform the person that the person may need to contact the department of revenue in order to protect the refunds of spouses who are not liable for the claim.

(4) (b) If a person has requested a hearing under this subsection, the department of industry, labor and human relations shall hold a contested case hearing under s. 227.44, except that the department of industry, labor and human relations may limit the scope of the hearing to exclude issues that were presented at a prior hearing or that could have been presented at a prior opportunity for hearing.

27,3213 Section 3213 . 49.86 of the statutes is created to read:

49.86 Disbursement of funds and facsimile signatures. Withdrawal or disbursement of moneys deposited in a public depository, as defined in s. 34.01 (5), to the credit of the department of industry, labor and human relations or any of its divisions or agencies shall be by check, share draft or other draft signed by the secretary of industry, labor and human relations or by one or more persons in the department of industry, labor and human relations designated by written authorization of the secretary of industry, labor and human relations. Such checks, share drafts and other drafts shall be signed personally or by use of a mechanical device adopted by the secretary of industry, labor and human relations or his or her designees for affixing a facsimile signature. Any public depository shall be fully warranted and protected in making payment on any check, share draft or other draft bearing such facsimile signature notwithstanding that the facsimile may have been placed thereon without the authority of the secretary of industry, labor and human relations or his or her designees.

27,3214 Section 3214 . 49.89 (7) (bm) of the statutes is created to read:

49.89 (7) (bm) The incentive payment shall be an amount equal to 15% of the amount recovered because of benefits paid as state supplemental payments under s. 49.77. The incentive payment shall be taken from the state share of the sum recovered.

27,3215 Section 3215 . 49.89 (7) (d) 2. of the statutes is created to read:

49.89 (7) (d) 2. Any county or elected tribal governing body that has made a recovery under this section for which it is eligible to receive an incentive payment under par. (c) shall report such recovery to the department of industry, labor and human relations within 30 days after the end of the month in which the recovery is made in a manner specified by the department of industry, labor and human relations.

27,3216 Section 3216 . 49.90 (1) (b) of the statutes is amended to read:

49.90 (1) (b) For purposes of this section those persons receiving benefits under federal Title XVI or under s. 49.177 49.77 shall not be deemed dependent persons.

27,3217 Section 3217 . 49.90 (2g) of the statutes is amended to read:

49.90 (2g) In addition to the remedy specified in sub. (2), upon failure of a grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who is or may be required to provide maintenance under sub. (1) (a) 2., a child of a dependent minor or the child's parent may apply to the circuit court for the county in which the child resides for an order to compel the provision of maintenance. A county department under s. 46.215, 46.22 or 46.23, a county child support agency or the department of health and social services may initiate an action to obtain maintenance of the child by the child's grandparent under sub. (1) (a) 2., regardless of whether the child receives public assistance.

27,3218 Section 3218 . 49.90 (4) of the statutes is amended to read:

49.90 (4) The circuit court shall in a summary way hear the allegations and proofs of the parties and by order require maintenance from these relatives, if they have sufficient ability, considering their own future maintenance and making reasonable allowance for the protection of the property and investments from which they derive their living and their care and protection in old age, in the following order: First the husband or wife; then the father and the mother; and then the grandparents in the instances in which sub. (1) (a) 2. applies. The order shall specify a sum which will be sufficient for the support of the dependent person under sub. (1) (a) 1. or the maintenance of a child of a dependent person under sub. (1) (a) 2., to be paid weekly or monthly, during a period fixed by the order or until the further order of the court. If the court is satisfied that any such relative is unable wholly to maintain the dependent person or the child, but is able to contribute to the person's support or the child's maintenance, the court may direct 2 or more of the relatives to maintain the person or the child and prescribe the proportion each shall contribute. If the court is satisfied that these relatives are unable together wholly to maintain the dependent person or the child, but are able to contribute to the person's support or the child's maintenance, the court shall direct a sum to be paid weekly or monthly by each relative in proportion to ability. Contributions directed by court order, if for less than full support, shall be paid to the department of health and social services and distributed as required by state and federal law. An order under this subsection that relates to maintenance required under sub. (1) (a) 2. shall specifically assign responsibility for and direct the manner of payment of the child's health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon application of any party affected by the order and upon like notice and procedure, the court may modify such an order. Obedience to such an order may be enforced by proceedings for contempt.

27,3219b Section 3219b. 49.90 (6) of the statutes is amended to read:

49.90 (6) If any relative who has been ordered to maintain an institutionalized dependent person or an institutionalized child of a dependent person under 18 years of age neglects to do as ordered, the authorities in charge of the dependent or child or in charge of the institution may recover in an action on behalf of the general relief agency or institution for general relief or support accorded the dependent person or child against such relative the sum prescribed for each week while the order was disobeyed and up to the time of judgment, with costs.

27,3220 Section 3220 . 49.95 (4m) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

49.95 (4m) (a) Without legal authority, sends or brings a person to a county, tribal governing body or municipality or advises a person to go to a county, tribal governing body or municipality for the purpose of obtaining relief funded by a relief block grant, aid to families with dependent children under s. 49.19, medical assistance under ss. 49.45 to 49.47 subch. IV or food stamps under 7 USC 2011 to 2029.

27,3221b Section 3221b. 50.01 (1d) of the statutes is created to read:

50.01 (1d) “Assisted living facility" means a place where 5 or more adults reside that consists of independent apartments, each of which has an individual lockable entrance and exit, a kitchen, including a stove, and individual bathroom, sleeping and living areas, and that provides, to a person who resides in the place, not more than 28 hours per week of services that are supportive, personal and nursing services. “Assisted living facility" does not include a nursing home or a community-based residential facility, but may be physically part of a structure that is a nursing home or community-based residential facility.

27,3221e Section 3221e. 50.01 (1g) (f) of the statutes is created to read:

50.01 (1g) (f) An assisted living facility.

27,3221g Section 3221g. 50.01 (3) (e) of the statutes is created to read:

50.01 (3) (e) An assisted living facility.

27,3222 Section 3222 . 50.02 (1) of the statutes is amended to read:

50.02 (1) Departmental authority. The department may provide uniform, statewide licensing, inspection and regulation of community-based residential facilities and nursing homes as provided in this subchapter. The department shall certify, inspect and otherwise regulate adult family homes, as specified under s. 50.032 and shall license adult family homes, as specified under s. 50.033. Nothing in this subchapter may be construed to limit the authority of the department of industry, labor and human relations development or of municipalities to set standards of building safety and hygiene, but any local orders of municipalities shall be consistent with uniform, statewide regulation of community-based residential facilities. The department may not prohibit any nursing home from distributing over-the-counter drugs from bulk supply. The department may consult with nursing homes as needed and may provide specialized consultations when requested by any nursing home, separate from its inspection process, to scrutinize any particular questions the nursing home raises. The department shall, by rule, define “specialized consultation".

27,3223 Section 3223 . 50.02 (2) (a) of the statutes is amended to read:

50.02 (2) (a) The department, by rule, shall develop, establish and enforce regulations and standards for the care, treatment, health, safety, rights, welfare and comfort of residents in community-based residential facilities and nursing homes and for the construction, general hygiene, maintenance and operation of those facilities which, in the light of advancing knowledge, will promote safe and adequate accommodation, care and treatment of residents in those facilities; and promulgate and enforce rules consistent with this section. Such standards and rules shall provide that intermediate care facilities, which have 16 or fewer beds may, if exempted from meeting certain physical plant, staffing and other requirements of the federal regulations, be exempted from meeting the corresponding provisions of the department's standards and rules. The department shall consult with the department of industry, labor and human relations development when developing exemptions relating to physical plant requirements.

27,3225 Section 3225 . 50.02 (2) (b) of the statutes is renumbered 50.02 (2) (b) 1. and amended to read:

50.02 (2) (b) 1. The department may shall conduct plan reviews of all capital construction and remodeling of nursing homes to ensure that the plans comply with building code requirements under ch. 101 and with life safety code and physical plant requirements under s. 49.498, this chapter or under rules promulgated under this chapter.

2. The department shall promulgate rules that establish a fee schedule for its services under subd. 1. in conducting the plan reviews. The schedule established under these rules shall set fees for nursing home plan reviews in amounts that are less than the sum of the amounts required on September 30, 1995, for fees under this paragraph and for fees for examination of nursing home plans under s. 101.19 (1) (a), 1993 stats.

27,3227 Section 3227 . 50.03 (4) (a) 1. b. of the statutes is amended to read:

50.03 (4) (a) 1. b. Except as provided in sub. (4m) (b), the department shall issue a license for a community-based residential facility if it finds the applicant to be fit and qualified, if it finds that the community-based residential facility meets the requirements established by this subchapter and if the community-based residential facility has paid the license fee under s. 140.85 (2) (a) 50.037 (2) (a). In determining whether to issue a license for a community-based residential facility, the department may consider any action by the applicant or by an employe of the applicant that constitutes a substantial failure by the applicant or employe to protect and promote the health, safety or welfare of a resident. The department may deny licensure to or not renew licensure for any person who conducted, maintained, operated or permitted to be maintained or operated a community-based residential facility for which licensure was revoked. The department, or its designee, shall make such inspections and investigations as are necessary to determine the conditions existing in each case and shall file written reports. Before renewing the license of any community-based residential facility, the department shall consider all complaints filed under sub. (2) (f) during the current license period and the disposition of each. The department shall promulgate rules defining “fit and qualified" for the purposes of this subd. 1. b.

27,3228 Section 3228 . 50.03 (4) (c) of the statutes is renumbered 50.03 (4) (c) 1. and amended to read:

50.03 (4) (c) 1. Unless sooner revoked or suspended, a community-based residential facility license shall be is valid for one year. Unless sooner revoked or suspended, a nursing home license is valid for one year, but may be issued to a new licensee for less than one year to coincide with the date of federal medical assistance certification as a skilled nursing facility or intermediate care facility 24 months. At least 120 days but not more than 150 30 days prior to license expiration, the applicant shall submit an annual a biennial report and application for renewal of the license in such the form and containing such the information as that the department requires. If the report and application are approved, the license shall be renewed for an additional one-year 24-month period. If the application for renewal and a complete annual report are not timely filed, the department shall issue a warning to the licensee. Failure to make application for renewal within 30 days there after may be after receipt of the warning is grounds for nonrenewal of the license.

27,3229 Section 3229 . 50.03 (4) (c) 2. of the statutes is created to read:

50.03 (4) (c) 2. Unless sooner revoked or suspended, a nursing home license is valid for 12 months, but may be issued to a new licensee for less than 12 months to coincide with the date of federal medical assistance certification as a skilled nursing facility or intermediate care facility. At least 120 days but not more than 150 days prior to license expiration, the applicant shall submit an annual report and application for renewal of the license in the form and containing the information that the department requires. If the report and application are approved, the license shall be renewed for an additional 12-month period. If the application for renewal and a complete annual report are not timely filed, the department shall issue a warning to the licensee. Failure to make application for renewal within 30 days after receipt of the warning is grounds for nonrenewal of the license.

27,3230 Section 3230 . 50.03 (5g) (c) (intro.) of the statutes is amended to read:

50.03 (5g) (c) (intro.) If the department provides to a community-based residential facility written notice of the grounds for a sanction or penalty, an explanation of the types of sanctions or penalties that the department may impose under this subsection and an explanation of the process for appealing a sanction or penalty imposed under this subsection, the department may impose any of the following against a licensee or other person who violates the applicable provisions of this section or rules promulgated under the applicable provisions of this section or who fails to comply with an order issued under par. (b) by the time specified in the order:

27,3231 Section 3231 . 50.03 (5g) (c) 1. a. of the statutes is amended to read:

50.03 (5g) (c) 1. a. Within the limits specified in this subdivision, the department may, by rule, set daily forfeiture amounts and payment deadlines based on the size and type of community-based residential facility and the seriousness of the violation. As part of the order, the The department may set daily forfeiture amounts that increase periodically within the statutory limits if there is continued failure to comply with an order issued under par. (b).

27,3232 Section 3232 . 50.03 (14) (b) of the statutes is amended to read:

50.03 (14) (b) The county departments of the county in which the facility is located that are responsible for providing services under s. 46.215 (1) (L), 46.22 (1) (b) 7. a. 1. c., 51.42 or 51.437 shall participate in the development and implementation of individual relocation plans. Any county department of another county shall participate in the development and implementation of individual relocation plans in place of the county departments of the county in which the facility is located, if the county department accepts responsibility for the resident or is delegated responsibility for the resident by the department or by a court.

27,3233 Section 3233 . 50.033 (2) of the statutes is amended to read:

50.033 (2) Regulation. Standards for operation of licensed adult family homes and procedures for application for licensure, monitoring, inspection, revocation and appeal of revocation shall be under rules promulgated by the department under s. 50.02 (2) (am) 2. Licensure shall be for a term not to exceed 12 24 months from the date of issuance and is not transferable. The biennial licensure fee for a licensed adult family home is $75. The fee is payable to the county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, if the county department licenses the adult family home under sub. (1m) (b), and is payable to the department if the department licenses the adult family home under sub. (1m) (b).

27,3234b Section 3234b. 50.034 of the statutes is created to read:

50.034 Assisted living facilities. (1) Certification or registration required. (a) No person may operate an assisted living facility that provides living space for residents who are clients under s. 46.27 (11) or 46.277 and publicly funded services as a home health agency or under contract with a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 that is a home health agency unless the assisted living facility is certified by the department under this section. The department may charge a fee, in an amount determined by the department, for certification under this paragraph. The amount of any fee charged by the department for certification of an assisted living facility need not be promulgated as a rule under ch. 227.

(b) No person may operate an assisted living facility that is not certified as required under par. (a) unless the assisted living facility is registered by the department.