AB150-ASA1-AA26,79,1013
73.255
(3) Receipt
of a certification by the department of
revenue a certification
14under sub. (1) or (2) or a certification of a delinquency or outstanding amount from
15another state because the obligor resides in this state shall constitute a lien, equal
16to the amount certified, on any state tax refunds or credits owed to the obligor. The
17lien shall be foreclosed by the department
of revenue as a setoff under s. 71.93 (3),
18(6) and (7). When the department
of revenue determines that the obligor is otherwise
19entitled to a state tax refund or credit, it shall notify the obligor that the state intends
20to reduce any state tax refund or credit due the obligor by the amount the obligor is
21delinquent under the support or maintenance order, by the outstanding amount for
22past support, medical expenses or birth expenses under the court order or by the
23amount due under s. 46.10 (4). The notice shall provide that within 20 days the
24obligor may request a hearing before the circuit court rendering the order. Within
110 days after receiving a request for hearing under this subsection, the court shall
2set the matter for hearing. Pending further order by the court or family court
3commissioner, the clerk of circuit court is prohibited from disbursing the obligor's
4state tax refund or credit. The family court commissioner may conduct the hearing.
5The sole issues at that hearing shall be whether the obligor owes the amount certified
6and, if not and it is a support or maintenance order, whether the money withheld
7from a tax refund or credit shall be paid to the obligor or held for future support or
8maintenance. An obligor may, within 20 days of receiving notice that the amount
9certified shall be withheld from his or her federal tax refund or credit, request a
10hearing under this subsection.
AB150-ASA1-AA26,79,2413
73.255
(4) The department
of revenue shall send that portion of any state or
14federal tax refunds or credits withheld
to the department of health and social
15services for distribution to the appropriate clerk of circuit court. The department
of
16health and social services shall make a settlement at least annually
with the
17department of revenue and with each clerk of circuit court who has certified a
18delinquent obligation or outstanding amount for past support, medical expenses or
19birth expenses. The settlement shall state the amounts certified, the amounts
20deducted from tax refunds and credits and returned to the clerk of circuit court and
21the administrative costs incurred by the department
of revenue. The department
of
22health and social services may charge the county whose clerk of circuit court certified
23the obligation or outstanding amount the related administrative costs incurred by
24the department
of health and social services and the department of revenue.
AB150-ASA1-AA26, s. 2157j
1Section 2157j. 46.255 (4m) (b) of the statutes is renumbered 73.255 (4m) (b)
2and amended to read:
AB150-ASA1-AA26,81,23
73.255
(4m) (b) The department may provide a certification that it receives
4under sub.
(1) or (2)
or (2m) or a certification of a delinquency or outstanding amount
5that it receives from another state because the obligor resides in this state to the
6department of administration. Upon receipt of the certification, the department of
7administration shall determine whether the obligor is a vendor or is receiving any
8other payments from this state, except for wages, retirement benefits or assistance
9under s. 45.352, 1971 stats., s. 45.351 (1)
, this chapter or ch.
46, 49 or 108. If the
10department of administration determines that the obligor is a vendor or is receiving
11payments from this state, except for wages, retirement benefits or assistance under
12s. 45.352, 1971 stats., s. 45.351 (1)
, this chapter or ch.
46, 49 or 108, it shall begin to
13withhold the amount certified from those payments and shall notify the obligor that
14the state intends to reduce any payments due the obligor by the amount the obligor
15is delinquent under the support or maintenance order, by the outstanding amount
16for past support, medical expenses or birth expenses under the court order or by the
17amount due under s. 46.10 (4). The notice shall provide that within 20 days after
18receipt of the notice the obligor may request a hearing before the circuit court
19rendering the order. An obligor may, within 20 days after receiving notice, request
20a hearing under this paragraph. Within 10 days after receiving a request for hearing
21under this paragraph, the court shall set the matter for hearing. The family court
22commissioner may conduct the hearing. Pending further order by the court or family
23court commissioner, the clerk of circuit court may not disburse the payments
24withheld from the obligor. The sole issues at the hearing are whether the obligor
25owes the amount certified and, if not and it is a support or maintenance order,
1whether the money withheld shall be paid to the obligor or held for future support
2or maintenance.
AB150-ASA1-AA26, s. 2157k
3Section 2157k. 46.255 (4m) (c) of the statutes is renumbered 73.255 (4m) (c)
4and amended to read:
AB150-ASA1-AA26,81,105
73.255
(4m) (c) Except as provided by order of the court after hearing under
6par. (b), the department of administration shall continue withholding until the
7amount certified is recovered in full. The department of administration shall
8transfer the amounts withheld under this paragraph to the department of health and
9social services
, or to the department of revenue for distribution to the appropriate
10clerk of court
, whichever is appropriate.
AB150-ASA1-AA26,81,2015
73.255
(5) Certification of an obligation to the department
of health and social
16services does not deprive any party of the right to collect the obligation or to prosecute
17the obligor. The clerk of court shall immediately notify the department of any
18collection of an obligation that has been certified. The department shall correct the
19certified obligation according to the amount the county has collected
and report the
20correction to the department of revenue.
AB150-ASA1-AA26,82,1110
46.27
(1) (ai) "Community-based residential facility" means a facility that
11meets the definition in s. 50.01 (1g) and that is licensed under s. 50.03 (1).".
AB150-ASA1-AA26,83,12
10"
Section 2465n. 48.355 (4) (a) of the statutes, as affected by 1993 Wisconsin
11Acts 377, 385 and 491 and 1995 Wisconsin Act .... (this act), section 2465m, is
12amended to read:
AB150-ASA1-AA26,83,2313
48.355
(4) (a) Except as provided under par. (b) or s. 48.368, all orders under
14this section shall terminate at the end of one year unless the judge specifies a shorter
15period of time. Except if s. 48.368 applies, extensions or revisions shall terminate
16at the end of one year unless the judge specifies a shorter period of time. No extension
17under s. 48.365 of an original dispositional order may be granted for a child whose
18legal custody has been transferred to the department of corrections under s. 48.34
19(4g) or who is under the supervision of the department under s. 48.34 (4m) or (4n)
20or under the supervision of a county department under s. 48.34 (4n) if the child is
18 2117 years of age or older when the original dispositional order terminates. Any order
22made before the child reaches the age of majority shall be effective for a time up to
23one year after its entry unless the judge specifies a shorter period of time.".
AB150-ASA1-AA26,84,1615
48.78
(2) (d) 4m. On community supervision to the department of corrections
16under s. 973.095.".
AB150-ASA1-AA26,85,85
49.30
(1m) (a) If the total cemetery expenses for the recipient exceed $3,500,
6the county or applicable tribal governing body or organization responsible for burial
7of the recipient is not required to make a payment for the cemetery expenses under
8sub. (1) (a).
AB150-ASA1-AA26,85,129
(b) If the total funeral and burial expenses for the recipient exceed $3,500, the
10county or applicable tribal governing body or organization responsible for burial of
11the recipient is not required to make a payment for funeral and burial expenses
12under sub. (1) (b).".
AB150-ASA1-AA26,85,15
13320. Page 948, line 2: delete lines 2 to 4 and substitute: "a county department
14under s. 46.215, 46.22 or 46.23, except where, as determined by the department, a
15fee is administratively".
AB150-ASA1-AA26,85,2218
49.45
(8f) Limits on reimbursement of providers of home health services. (a)
19For any home health, personal care or private-duty nursing service provided to a
20medical assistance recipient in a month, the department may require, as a condition
21of reimbursement, that the provider charge the department the lesser of the
22following for the service:
AB150-ASA1-AA26,86,3
11. The amount that the federal medicare program reimburses for a service,
2separately identified under
42 CFR Part 413, including skilled nursing service, home
3health aid service and physical therapy service.
AB150-ASA1-AA26,86,44
2. The provider's usual and customary charge for providing the service.
AB150-ASA1-AA26,86,65
3. A maximum reimbursement rate, determined by the department, for the
6service.
AB150-ASA1-AA26,86,87
(b) When a provider is required to charge the department a price under par. (a),
8the department may not reimburse the provider for more than that amount.".
AB150-ASA1-AA26,87,183
50.05
(15) (f) The receiver shall, within 60 days after termination of the
4receivership, file a notice of any lien created under this subsection. No action on a
5lien created under this subsection may be brought more than 2 years after the date
6of filing. If the lien is on real property, the notice shall be filed with the clerk of circuit
7court of the county in which the facility is located and entered on the lien docket kept
8under s. 779.07. If the lien is on personal property, the lien shall be filed with the
9secretary of state department of financial institutions. The
secretary of state 10department of financial institutions shall place the lien on personal property in the
11same file as financing statements are filed under ss. 409.401 and 409.402. The notice
12shall specify the name of the person against whom the lien is claimed, the name of
13the receiver, the dates of the petition for receivership and the termination of
14receivership, a description of the property involved and the amount claimed. No lien
15shall exist under this section against any person, on any property, or for any amount
16not specified in the notice filed under this paragraph. To the extent applicable, ch.
17846 controls the foreclosure of liens under this subsection that attach to real
18property.".
