1995 Wisconsin Act 407

407,5 Section 5 . 49.65 (2) of the statutes is amended to read:

49.65 (2) Subrogation. The department, county or elected tribal governing body providing any public assistance under this chapter or under s. 253.05 as a result of the occurrence of an injury, sickness or death which creates a claim or cause of action, whether in tort or contract, on the part of a public assistance recipient or beneficiary or the estate of a recipient or beneficiary against a 3rd party, including an insurer, is subrogated to the rights of the recipient, beneficiary or estate and may make a claim or maintain an action or intervene in a claim or action by the recipient, beneficiary or estate against the 3rd party.

407,6 Section 6 . 49.65 (3) of the statutes, as affected by 1995 Wisconsin Act 27, section 3155, is amended to read:

49.65 (3) Assignment of actions. By applying for assistance under this chapter or under s. 253.05, an applicant assigns to the department the right to make a claim to recover an indemnity from a 3rd party, including an insurer, if the assistance is provided as a result of the occurrence of injury, sickness or death that results in a possible recovery of an indemnity from the 3rd party.

407,7 Section 7 . 49.65 (7) (c) of the statutes, as affected by 1995 Wisconsin Act 27, section 3169, is amended to read:

49.65 (7) (c) The incentive payment shall be an amount equal to 15% of the amount recovered because of benefits paid under s. 49.19, 49.20 or 49.30 or, as state supplemental payments under s. 49.177 or as benefits paid under s. 253.05. The incentive payment shall be taken from the state share of the sum recovered, except that the incentive payment for an amount recovered because of benefits paid under s. 49.19 shall be considered an administrative cost under s. 49.19 for the purpose of claiming federal funding.

407,8 Section 8 . 49.65 (8) (a) of the statutes is amended to read:

49.65 (8) (a) No person who has or may have a claim or cause of action in tort or contract and who has received assistance under this chapter or under s. 253.05 as a result of the occurrence that creates the claim or cause of action may release the liable party or the liable party's insurer from liability to the units of government specified in sub. (2). Any payment to a beneficiary or recipient of assistance under this chapter or under s. 253.05 in consideration of a release from liability is evidence of the payer's liability to the unit of government that granted the assistance.

407,9 Section 9 . 49.65 (8) (b) of the statutes is amended to read:

49.65 (8) (b) Liability under par. (a) is to the extent of assistance payments under this chapter or under s. 253.05 resulting from the occurrence creating the claim or cause of action, but not in excess of any insurance policy limits, counting payments made to the injured person. The unit of government administering assistance shall include in its claim any assistance paid to or on behalf of dependents of the injured person, to the extent that eligibility for assistance resulted from the occurrence creating the claim or cause of action.

407,10 Section 10 . 49.89 (2) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.89 (2) Subrogation. The department of health and social family services, the department of industry, labor and human relations job development, a county or an elected tribal governing body that provides any public assistance under this chapter or under s. 253.05 as a result of the occurrence of an injury, sickness or death that creates a claim or cause of action, whether in tort or contract, on the part of a public assistance recipient or beneficiary or the estate of a recipient or beneficiary against a 3rd party, including an insurer, is subrogated to the rights of the recipient, beneficiary or estate and may make a claim or maintain an action or intervene in a claim or action by the recipient, beneficiary or estate against the 3rd party.

407,11 Section 11 . 49.89 (3) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.89 (3) Assignment of actions. By applying for assistance under this chapter or under s. 253.05, an applicant assigns to the state department, the county department or the tribal governing body that provided the assistance the right to make a claim to recover an indemnity from a 3rd party, including an insurer, if the assistance is provided as a result of the occurrence of injury, sickness or death that results in a possible recovery of an indemnity from the 3rd party.

407,12 Section 12 . 49.89 (7) (c) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.89 (7) (c) The incentive payment shall be an amount equal to 15% of the amount recovered because of benefits paid under s. 49.19, 49.20 or, 49.30 or 253.05. The incentive payment shall be taken from the state share of the sum recovered, except that the incentive payment for an amount recovered because of benefits paid under s. 49.19 shall be considered an administrative cost under s. 49.19 for the purpose of claiming federal funding.

407,13 Section 13 . 49.89 (8) of the statutes, as affected by 1995 Wisconsin Act 27, is amended to read:

49.89 (8) Welfare claims not prejudiced by recipient's release. (a) No person who has or may have a claim or cause of action in tort or contract and who has received assistance under this chapter or under s. 253.05 as a result of the occurrence that creates the claim or cause of action may release the liable party or the liable party's insurer from liability to the units of government specified in sub. (2). Any payment to a beneficiary or recipient of assistance under this chapter or under s. 253.05 in consideration of a release from liability is evidence of the payer's liability to the unit of government that granted the assistance.

(b) Liability under par. (a) is to the extent of assistance payments under this chapter or under s. 253.05 resulting from the occurrence creating the claim or cause of action, but not in excess of any insurance policy limits, counting payments made to the injured person. The unit of government administering assistance shall include in its claim any assistance paid to or on behalf of dependents of the injured person, to the extent that eligibility for assistance resulted from the occurrence creating the claim or cause of action.

407,14 Section 14 . 253.06 of the statutes is amended to read:

253.06 State supplemental food program for women, infants and children. From the appropriation under s. 20.435 (1) (em), the department shall supplement the provision of supplemental foods, nutrition education and other services, including nutritional counseling, to low-income women, infants and children who meet the eligibility criteria under the federal special supplemental food program for women, infants and children authorized under 42 USC 1786. To the extent that funds are available under this section and to the extent that funds are available under 42 USC 1786, every county the department shall provide the supplemental food, nutrition education and other services authorized under this section and shall establish or designate an agency to administer that provision in every county. The department may enter into contracts for this purpose.

Note: Section 14 amends current law relating to the administration of the special supplemental food program for women, infants and children (WIC) to provide that the department of health and social services (DHSS), not the counties, administers this program. According to DHSS, this revision reflects the actual operation of the WIC program and is consistent with federal regulations governing the program.

407,15 Section 15 . 619.12 (3) (b) of the statutes is amended to read:

619.12 (3) (b) Persons for whom deductible or coinsurance amounts are paid or reimbursed under ch. 47 for vocational rehabilitation, under s. 49.48 for renal disease, under s. 49.485 (8) for hemophilia or, under s. 49.483 for cystic fibrosis or under s. 253.05 for maternal and child health services are not ineligible for coverage under the plan by reason of such payments or reimbursements.

Note: Current law provides that a person whose health insurance deductible or coinsurance amounts are paid or reimbursed by vocational rehabilitation or with state aids for renal disease, hemophilia or cystic fibrosis is still eligible for coverage under the health insurance risk-sharing plan (HIRSP). The revision clarifies that persons who receive state aids for maternal and child health services as children with special health care needs would also be eligible for HIRSP. The revision restores this exception, which was deleted by 1993 Wisconsin Act 27.

407,16 Section 16 . 619.12 (3) (b) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

619.12 (3) (b) Persons for whom deductible or coinsurance amounts are paid or reimbursed under ch. 47 for vocational rehabilitation, under s. 49.68 for renal disease, under s. 49.685 (8) for hemophilia, under s. 49.683 for cystic fibrosis or under s. 253.05 for maternal and child health services are not ineligible for coverage under the plan by reason of such payments or reimbursements.

407,17 Section 17 . 632.72 (1g) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 7045b, is amended to read:

632.72 (1g) (b) “Medical benefits or assistance" means health care services funded by a relief block grant under ch. 49, or; medical assistance, as defined under s. 49.43 (8); or maternal and child health services under s. 253.05.

407,18 Section 18 . 632.755 (2) of the statutes is amended to read:

632.755 (2) Benefits provided by a disability insurance policy shall be primary to those benefits provided under ch. 49 or under s. 253.05.

Note: Sections 3, 5 to 13, 17 and 18 amend current law to clarify that payments for services under the federal maternal and child health block grant fund are secondary to any payments for services under the medical assistance program and private insurance, including uninsured (self-insured) health plans. DHSS states that this clarification is needed in order to reflect current practice as well as to reflect information in the medical assistance provider manual that it is the primary payer over these federal block grant funds.

407,19 Section 19 . Effective dates. This act takes effect on the day after publication, except as follows:

(1) The treatment of sections 49.27 (4) (d) 2. b. (by Section 2) and 49.89 (2), (3), (7) (c) and (8) of the statutes and the repeal and recreation of section 619.12 (3) (b) of the statutes take effect on July 1, 1996.