AB150-ASA, s. 3147
17Section
3147. 49.53 (2) (b) of the statutes is renumbered 49.32 (9) (b) and
18amended to read:
AB150-ASA,1015,419
49.32
(9) (b)
Such The report
under par. (a) shall be open to public inspection
20at all times during regular office hours and may be destroyed after the next
21succeeding report becomes available. Any person except any public officer, seeking
22permission to inspect such
book report shall be required to prove his or her identity
23and to sign a statement setting forth his or her address and the reasons for making
24the request and indicating that he or she understands the provisions of par. (c) with
25respect to the use of the information obtained. The use of a fictitious name is a
1violation of this section. Within 72 hours after any such record has been inspected,
2the
agency county department shall mail to each person whose record was inspected
3a notification of that fact and the name and address of the person making such
4inspection. The
agency county department shall keep a record of such requests.
AB150-ASA, s. 3148
5Section
3148. 49.53 (2) (c) of the statutes is renumbered 49.32 (9) (c) and
6amended to read:
AB150-ASA,1015,97
49.32
(9) (c) It is unlawful to use any information obtained through access to
8such report for political or commercial purposes. The violation of this provision is
9punishable upon conviction as provided in
sub. (1m)
s. 49.83.
AB150-ASA, s. 3151
12Section
3151. 49.54 of the statutes is renumbered 49.77 (5) and amended to
13read:
AB150-ASA,1015,1614
49.77
(5) Income determination. In determining the amount of aid to be
15granted a person applying for supplemental payments under
s. 49.177 this section,
16income shall be disregarded to the extent allowed by federal regulations.
AB150-ASA, s. 3152
17Section
3152. 49.65 (title) of the statutes is renumbered 49.89 (title).
AB150-ASA, s. 3154
19Section
3154. 49.65 (2) of the statutes is renumbered 49.89 (2) and amended
20to read:
AB150-ASA,1016,421
49.89
(2) Subrogation. The department
of health and social services, the
22department of industry, labor and human relations,
a county or
an elected tribal
23governing body
providing that provides any public assistance under this chapter as
24a result of the occurrence of an injury, sickness or death
which that creates a claim
25or cause of action, whether in tort or contract, on the part of a public assistance
1recipient or beneficiary or the estate of a recipient or beneficiary against a 3rd party,
2including an insurer, is subrogated to the rights of the recipient, beneficiary or estate
3and may make a claim or maintain an action or intervene in a claim or action by the
4recipient, beneficiary or estate against the 3rd party.
AB150-ASA,1016,156
49.65
(3) Assignment of actions. The department, county or elected tribal
7governing body providing any public assistance authorized under this chapter,
8including medical assistance, By applying for assistance under this chapter, an
9applicant assigns to the department the right to make a claim to recover an
10indemnity from a 3rd party, including an insurer, if the assistance is provided as a
11result of the occurrence of injury, sickness or death
which that results in a possible
12recovery of
an indemnity from
a
the 3rd party
, including an insurer, may require an
13assignment from the applicant, recipient or beneficiary of such public assistance or
14legally appointed representative of the incompetent or deceased applicant, recipient
15or beneficiary giving it the right to make a claim against the 3rd party.
AB150-ASA, s. 3156
16Section
3156. 49.65 (3) of the statutes, as affected by 1995 Wisconsin Act ....
17(this act), is renumbered 49.89 (3) and amended to read:
AB150-ASA,1016,2318
49.89
(3) Assignment of actions. By applying for assistance under this
19chapter, an applicant assigns to the
state department,
the county department or the
20tribal governing body that provided the assistance the right to make a claim to
21recover an indemnity from a 3rd party, including an insurer, if the assistance is
22provided as a result of the occurrence of injury, sickness or death that results in a
23possible recovery of an indemnity from the 3rd party.
AB150-ASA, s. 3157
24Section
3157. 49.65 (3m) (title) of the statutes, as created by 1995 Wisconsin
25Act .... (this act), is renumbered 49.89 (3m) (title).
AB150-ASA,1017,52
49.65
(3m) Notice requirements. (a) An attorney retained to represent a
3current or former recipient of assistance under this chapter, or the recipient's estate,
4in asserting a claim that is subrogated under sub. (2) or assigned under sub. (3) shall
5provide notice under par. (c).
AB150-ASA,1017,106
(b) If no attorney is retained to represent a current or former recipient of
7assistance under this chapter, or the recipient's estate, in asserting a claim that is
8subrogated under sub. (2) or assigned under sub. (3), the current or former recipient
9or his or her guardian or, if the recipient is deceased, the personal representative of
10the recipient's estate, shall provide notice under par. (c).
AB150-ASA,1017,1311
(c) If a person is required to provide notice under this paragraph, the person
12shall provide notice by certified mail to the department as soon as practicable after
13the occurrence of each of the following events for a claim under par. (a) or (b):
AB150-ASA,1017,1414
1. The filing of the action asserting the claim.
AB150-ASA,1017,1515
2. Intervention in the action asserting the claim.
AB150-ASA,1017,1616
3. Consolidation of the action asserting the claim.
AB150-ASA,1017,1717
4. An award or settlement of all or part of the claim.
AB150-ASA, s. 3159
18Section
3159. 49.65 (3m) (a) of the statutes, as created by 1995 Wisconsin Act
19.... (this act), is renumbered 49.89 (3m) (a).
AB150-ASA, s. 3160
20Section
3160. 49.65 (3m) (b) of the statutes, as created by 1995 Wisconsin Act
21.... (this act), is renumbered 49.89 (3m) (b).
AB150-ASA, s. 3161
22Section
3161. 49.65 (3m) (c) (intro.) of the statutes, as created by 1995
23Wisconsin Act .... (this act), is renumbered 49.89 (3m) (c) (intro.) and amended to
24read:
AB150-ASA,1018,4
149.89
(3m) (c) (intro.) If a person is required to provide notice under this
2paragraph, the person shall provide notice by certified mail to the department
that
3provided the assistance as soon as practicable after the occurrence of each of the
4following events for a claim under par. (a) or (b):
AB150-ASA, s. 3162
5Section
3162. 49.65 (3m) (c) 1. to 4. of the statutes, as created by 1995
6Wisconsin Act .... (this act), are renumbered 49.89 (3m) (c) 1. to 4.
AB150-ASA, s. 3165
9Section
3165. 49.65 (6) of the statutes is renumbered 49.89 (6) and amended
10to read:
AB150-ASA,1018,1411
49.89
(6) (title)
Department's Departments' duties and powers. The
12department
of health and social services and the department of industry, labor and
13human relations shall enforce
its their rights under this section and may contract for
14the recovery of any claim or right of indemnity arising under this section.
AB150-ASA, s. 3166
15Section
3166. 49.65 (7) (title) of the statutes is renumbered 49.89 (7) (title).
AB150-ASA, s. 3167
16Section
3167. 49.65 (7) (a) of the statutes is renumbered 49.89 (7) (a).
AB150-ASA, s. 3168
17Section
3168. 49.65 (7) (b) of the statutes is renumbered 49.89 (7) (b).
AB150-ASA,1018,2419
49.65
(7) (c) The incentive payment shall be an amount equal to 15% of the
20amount recovered because of benefits paid under s.
49.046, 49.19, 49.20 or 49.30 or
21as state supplemental payments under s. 49.177. The incentive payment shall be
22taken from the state share of the sum recovered, except that the incentive payment
23for an amount recovered because of benefits paid under s. 49.19 shall be considered
24an administrative cost under s. 49.19 for the purpose of claiming federal funding.
AB150-ASA, s. 3170
1Section
3170. 49.65 (7) (c) of the statutes, as affected by 1995 Wisconsin Act
2.... (this act), is renumbered 49.89 (7) (c) and amended to read:
AB150-ASA,1019,83
49.89
(7) (c) The incentive payment shall be an amount equal to 15% of the
4amount recovered because of benefits paid under s. 49.19, 49.20 or 49.30
or as state
5supplemental payments under s. 49.177. The incentive payment shall be taken from
6the state share of the sum recovered, except that the incentive payment for an
7amount recovered because of benefits paid under s. 49.19 shall be considered an
8administrative cost under s. 49.19 for the purpose of claiming federal funding.
AB150-ASA, s. 3171
9Section
3171. 49.65 (7) (d) of the statutes is renumbered 49.89 (7) (d) 1. and
10amended to read:
AB150-ASA,1019,1511
49.89
(7) (d) 1. Any county or elected tribal governing body that has made a
12recovery under this section for which it is eligible to receive an incentive payment
13under par. (b) or
(c) (bm) shall report such recovery to the department
of health and
14social services within 30 days after the end of the month in which the recovery is
15made in a manner specified by the department
of health and social services.
AB150-ASA, s. 3172
16Section
3172. 49.65 (7) (e) of the statutes is renumbered 49.89 (7) (e) and
17amended to read:
AB150-ASA,1019,2018
49.89
(7) (e) The amount of the recovery remaining after payments are made
19under pars. (b)
and to (c) shall be deposited in the state treasury and credited to the
20appropriation from which the assistance was originally paid.
AB150-ASA, s. 3174
22Section
3174. 49.65 (9) (intro.) of the statutes is renumbered 49.89 (9) (intro.)
23and amended to read:
AB150-ASA,1020,324
49.89
(9) Powers of health maintenance organizations. (intro.) A health
25maintenance organization or other prepaid health care plan has the powers of the
1department
of health and social services under subs. (2) to (5) to recover the costs
2which the organization or plan incurs in treating an individual if all of the following
3circumstances are present:
AB150-ASA, s. 3175
4Section
3175. 49.65 (9) (a) of the statutes is renumbered 49.89 (9) (a).
AB150-ASA, s. 3176
5Section
3176. 49.65 (9) (b) of the statutes is renumbered 49.89 (9) (b).
AB150-ASA, s. 3177
6Section
3177. 49.65 (9) (c) of the statutes is renumbered 49.89 (9) (c) and
7amended to read:
AB150-ASA,1020,108
49.89
(9) (c) The medical costs are incurred during a period for which the
9department
of health and social services pays a capitation or enrollment fee for the
10recipient.
AB150-ASA, s. 3178
11Section
3178. Subchapter V (title) of chapter 49 [precedes 49.66] of the
12statutes is created to read:
AB150-ASA,1020,1614
Subchapter V
15
Other medically related
16
services and support programs
AB150-ASA,1020,18
1849.66 Definitions. In this subchapter:
AB150-ASA,1020,19
19(1) "Department" means the department of health and social services.
AB150-ASA,1020,20
20(2) "Secretary" means the secretary of health and social services.
AB150-ASA, s. 3180
21Section
3180. 49.70 of the statutes, as affected by 1995 Wisconsin Act .... (this
22act), is renumbered 49.38.
AB150-ASA,1021,2024
49.70
(2) The department shall exercise the options to purchase such securities
25or accept an assignment of such securities when it finds that the owner of the
1securities is a resident of this state and is in need of
general relief, public assistance
2or welfare aid, or who but for the ownership of such securities would qualify for
3general relief, public assistance
or other welfare aid. If the department exercises an
4option to purchase such security, the purchase price shall be paid out, at par value,
5as
general a relief
payment. Where the department accepts an assignment of such
6security as provided in this section it shall pay out as
general relief an amount equal
7to the par value of the security assigned. The
general relief furnished, whether by
8money or otherwise, shall be at such times and in such amounts as will in the
9discretion of the department meet the needs of the recipient and protect the public.
10The department is authorized to exercise the options to purchase assigned to it in
11whole or in part, or to accept an assignment of such securities in whole or in part.
12The department is granted such authority as may be necessary and convenient to
13enable it to exercise the functions and perform the duties required of it by this
14section, including without limitation because of enumeration the authority to
15promulgate rules governing eligibility and the furnishing and paying of
general 16relief under this section, the authority to enter into suitable agreements with the
17owner of the security or other appropriate persons for the purpose of carrying out this
18section, and the authority to sell or transfer the securities or defend and prosecute
19all actions concerning it and pay all just claims against it and do all other things
20necessary for the protection, preservation and management of the securities.
AB150-ASA, s. 3182
21Section
3182. 49.80 (title) of the statutes is renumbered 16.385 (title).
AB150-ASA, s. 3184
23Section
3184. 49.80 (2) (title) of the statutes is renumbered 16.385 (2) (title).
AB150-ASA, s. 3185
24Section
3185. 49.80 (2) (a) of the statutes is renumbered 16.385 (2) (a).
AB150-ASA, s. 3186
1Section
3186. 49.80 (2) (b) of the statutes is renumbered 16.385 (2) (b) and
2amended to read:
AB150-ASA,1022,93
16.385
(2) (b) The department
of health and social services shall administer a
4low-income warm room program to install low-income warm room program
5materials in the dwellings of low-income warm room program volunteers and to
6train the low-income warm room program volunteers and the members of each
7low-income warm room program volunteer's household in the operation of the
8low-income warm room program materials to achieve maximum health and heating
9efficiency.
AB150-ASA, s. 3187
10Section
3187. 49.80 (3) (intro.) of the statutes is renumbered 16.385 (3)
11(intro.).
AB150-ASA, s. 3188
12Section
3188. 49.80 (3) (b) of the statutes is renumbered 16.385 (3) (b) and
13amended to read:
AB150-ASA,1022,1614
16.385
(3) (b) By October 1 of every year from the appropriation under s.
20.435
15(4) (md) 20.505 (7) (o), determine the total amount available for payment of heating
16assistance under sub. (6) and determine the benefit schedule.
AB150-ASA, s. 3189
17Section
3189. 49.80 (3) (c) of the statutes is renumbered 16.385 (3) (c) and
18amended to read:
AB150-ASA,1022,2119
16.385
(3) (c) From the appropriation under s.
20.435 (4) (mc) 20.505 (7) (m),
20allocate $1,100,000 in each federal fiscal year for the department's expenses in
21administering the funds to provide low-income energy assistance.
AB150-ASA, s. 3190
22Section
3190. 49.80 (3) (d) of the statutes is renumbered 16.385 (3) (d) and
23amended to read:
AB150-ASA,1023,224
16.385
(3) (d) From the appropriation under s.
20.435 (4) (md) 20.505 (7) (o),
25allocate $2,900,000 in each federal fiscal year for the expenses of a county
1department, another local governmental agency or a private nonprofit organization
2in administering under sub. (4) the funds to provide low-income energy assistance.
AB150-ASA, s. 3191
3Section
3191. 49.80 (3) (e) (intro.) of the statutes is renumbered 16.385 (3) (e)
4(intro.) and amended to read:
AB150-ASA,1023,65
16.385
(3) (e) (intro.) From the appropriation under s.
20.435 (4) (md) 20.505
6(7) (o):
AB150-ASA, s. 3192
7Section
3192. 49.80 (3) (e) 1. of the statutes is renumbered 16.385 (3) (e) 1. and
8amended to read: