AB150-ASA,1023,1816
49.80
(3) (e) 2. Allocate
$2,400,000
not more than $3,200,000 in each federal
17fiscal year for the payment of crisis assistance benefits to meet weather-related or
18fuel supply shortage emergencies under sub. (8).
AB150-ASA, s. 3194
19Section
3194. 49.80 (3) (e) 2. of the statutes, as affected by 1995 Wisconsin Act
20.... (this act), is renumbered 16.385 (3) (e) 2.
AB150-ASA, s. 3195
21Section
3195. 49.80 (3) (e) 3. of the statutes is renumbered 16.385 (3) (e) 3.
AB150-ASA, s. 3196
22Section
3196. 49.80 (3) (e) 6. of the statutes is renumbered 16.385 (3) (e) 6.
AB150-ASA, s. 3197
23Section
3197. 49.80 (3) (e) 7. of the statutes is renumbered 16.385 (3) (e) 7.
AB150-ASA, s. 3198
24Section
3198. 49.80 (4) (title) of the statutes is renumbered 16.385 (4) (title).
AB150-ASA, s. 3199
1Section
3199. 49.80 (4) (a) of the statutes is renumbered 16.385 (4) (a) and
2amended to read:
AB150-ASA,1024,83
16.385
(4) (a) A household may apply after September 30 and before May 16
4of any year for heating assistance from the county department under s. 46.215 (1) (n)
5or 46.22 (1) (b)
10. 4. a. to e. or from another local governmental agency or a private
6nonprofit organization with which the department contracts to administer the
7heating assistance program, and shall have the opportunity to do so on a form
8prescribed by the department for that purpose.
AB150-ASA, s. 3200
9Section
3200. 49.80 (4) (b) of the statutes is renumbered 16.385 (4) (b).
AB150-ASA, s. 3201
10Section
3201. 49.80 (5) (intro.) of the statutes is renumbered 16.385 (5)
11(intro.).
AB150-ASA, s. 3202
12Section
3202. 49.80 (5) (b) of the statutes is renumbered 16.385 (5) (b).
AB150-ASA, s. 3203
13Section
3203. 49.80 (5) (c) of the statutes is renumbered 16.385 (5) (c) and
14amended to read:
AB150-ASA,1024,1815
16.385
(5) (c) A household entirely composed of persons receiving aid to
16families with dependent children under s. 49.19, food stamps under
7 USC 2011 to
172029, or supplemental security income or state supplemental payments under
42
18USC 1381 to
1383c or s.
49.177 49.77.
AB150-ASA, s. 3204
19Section
3204. 49.80 (5) (d) of the statutes is renumbered 16.385 (5) (d).
AB150-ASA, s. 3208
23Section
3208. Subchapter VI (title) of chapter 49 [precedes 49.81] of the
24statutes is created to read:
AB150-ASA,1025,2
1Subchapter VI
2
General provisions
AB150-ASA,1025,4
449.82 (title)
Administration of public assistance programs.
AB150-ASA, s. 3210
5Section
3210. 49.84 (2) of the statutes, as affected by 1995 Wisconsin Act ....
6(this act), is amended to read:
AB150-ASA,1025,137
49.84
(2) At the time of application, the agency administering the public
8assistance program shall apply to the department
of health and social services for
9a certified copy of a birth certificate for the applicant if the applicant is required to
10provide a birth certificate or social security number as part of the application and for
11any person in the applicant's household who is required to provide a birth certificate
12or social security number. The department
of health and social services shall provide
13without charge any copy for which application is made under this subsection.
AB150-ASA, s. 3211
14Section
3211. 49.84 (5) of the statutes, as affected by 1995 Wisconsin Act ....
15(this act), is amended to read:
AB150-ASA,1025,2016
49.84
(5) A person applying for aid to families with dependent children under
17s. 49.19, medical assistance under
ss. 49.45 to 49.47
subch. IV or food stamp program
18benefits under
7 USC 2011 to
2029 shall, as a condition of eligibility, provide a
19declaration and other verification of citizenship or satisfactory immigration status
20as required in
42 USC 1320b-7 (d).
AB150-ASA, s. 3212
21Section
3212. 49.85 (2) (b), (3) (b) and (4) (b) of the statutes are created to read:
AB150-ASA,1026,522
49.85
(2) (b)
At least annually, the department of industry, labor and human
23relations shall certify to the department of revenue the amounts that, based on the
24notifications received under sub. (1) and on other information received by the
25department of industry, labor and human relations, the department of industry,
1labor and human relations has determined that it may recover under ss. 49.125 and
249.195 (3), except that the department of industry, labor and human relations may
3not certify an amount under this subsection unless it has met the notice
4requirements under sub. (3) and unless it's determination has either not been
5appealed or is no longer under appeal.
AB150-ASA,1026,9
6(3) (b)
At least 30 days before certification of an amount, the department of
7industry, labor and human relations shall send a notice to the last-known address
8of the person from whom that department intends to recover the amount. The notice
9shall do all of the following:
AB150-ASA,1026,1310
1. Inform the person that the department of industry, labor and human
11relations intends to certify to the department of revenue an amount that the
12department of industry, labor and human relations has determined to be due under
13s. 49.125 or 49.195 (3), for setoff from any state tax refund that may be due the person.
AB150-ASA,1026,1714
2. Inform the person that he or she may appeal the determination of the
15department of industry, labor and human relations to certify the amount by
16requesting a hearing under sub. (4) within 30 days after the date of the letter and
17inform the person of the manner in which he or she may request a hearing.
AB150-ASA,1026,2118
3. Inform the person that, if the determination of the department of industry,
19labor and human relations is appealed, that department will not certify the amount
20to the department of revenue while the determination of the department of industry,
21labor and human relations is under appeal.
AB150-ASA,1027,222
4. Inform the person that, unless a contested case hearing is requested to
23appeal the determination of the department of industry, labor and human relations,
24the person may be precluded from challenging any subsequent setoff of the certified
25amount by the department of revenue, except on the grounds that the certified
1amount has been partially or fully paid or otherwise discharged, since the date of the
2notice.
AB150-ASA,1027,53
5. Request that the person inform the department of industry, labor and human
4relations if a bankruptcy stay is in effect with respect to the person or if the claim has
5been discharged in bankruptcy.
AB150-ASA,1027,76
6. Inform the person that the person may need to contact the department of
7revenue in order to protect the refunds of spouses who are not liable for the claim.
AB150-ASA,1027,12
8(4) (b)
If a person has requested a hearing under this subsection, the
9department of industry, labor and human relations shall hold a contested case
10hearing under s. 227.44, except that the department of industry, labor and human
11relations may limit the scope of the hearing to exclude issues that were presented at
12a prior hearing or that could have been presented at a prior opportunity for hearing.
AB150-ASA,1028,2
1449.86 Disbursement of funds and facsimile signatures. Withdrawal or
15disbursement of moneys deposited in a public depository, as defined in s. 34.01 (5),
16to the credit of the department of industry, labor and human relations or any of its
17divisions or agencies shall be by check, share draft or other draft signed by the
18secretary of industry, labor and human relations or by one or more persons in the
19department of industry, labor and human relations designated by written
20authorization of the secretary of industry, labor and human relations. Such checks,
21share drafts and other drafts shall be signed personally or by use of a mechanical
22device adopted by the secretary of industry, labor and human relations or his or her
23designees for affixing a facsimile signature. Any public depository shall be fully
24warranted and protected in making payment on any check, share draft or other draft
25bearing such facsimile signature notwithstanding that the facsimile may have been
1placed thereon without the authority of the secretary of industry, labor and human
2relations or his or her designees.
AB150-ASA,1028,74
49.89
(7) (bm) The incentive payment shall be an amount equal to 15% of the
5amount recovered because of benefits paid as state supplemental payments under
6s. 49.77. The incentive payment shall be taken from the state share of the sum
7recovered.
AB150-ASA,1028,149
49.89
(7) (d) 2. Any county or elected tribal governing body that has made a
10recovery under this section for which it is eligible to receive an incentive payment
11under par. (c) shall report such recovery to the department of industry, labor and
12human relations within 30 days after the end of the month in which the recovery is
13made in a manner specified by the department of industry, labor and human
14relations.
AB150-ASA,1028,1716
49.90
(1) (b) For purposes of this section those persons receiving benefits under
17federal Title XVI or under s.
49.177 49.77 shall not be deemed dependent persons.
AB150-ASA,1029,419
49.90
(2) Upon failure of these relatives to provide maintenance the authorities
20or board shall submit to the corporation counsel a report of its findings. Upon receipt
21of the report the corporation counsel shall, within 60 days, apply to the circuit court
22for the county in which the dependent person under sub. (1) (a) 1. or the child of a
23dependent person under sub. (1) (a) 2. resides for an order to compel the
24maintenance. Upon such an application the corporation counsel shall make a
25written report to the county department under s. 46.215, 46.22 or 46.23, with a copy
1to the chairperson of the county board of supervisors in a county with a single-county
2department or the county boards of supervisors in counties with a multicounty
3department, and to the department of health and social services
or the department
4of industry, labor and human relations, whichever is appropriate.
AB150-ASA,1029,146
49.90
(2g) In addition to the remedy specified in sub. (2), upon failure of a
7grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who
8is or may be required to provide maintenance under sub. (1) (a) 2., a child of a
9dependent minor or the child's parent may apply to the circuit court for the county
10in which the child resides for an order to compel the provision of maintenance. A
11county department under s. 46.215, 46.22 or 46.23, a county child support agency or
12the department
of industry, labor and human relations may initiate an action to
13obtain maintenance of the child by the child's grandparent under sub. (1) (a) 2.,
14regardless of whether the child receives public assistance.
AB150-ASA,1030,1616
49.90
(4) The circuit court shall in a summary way hear the allegations and
17proofs of the parties and by order require maintenance from these relatives, if they
18have sufficient ability, considering their own future maintenance and making
19reasonable allowance for the protection of the property and investments from which
20they derive their living and their care and protection in old age, in the following
21order: First the husband or wife; then the father and the mother; and then the
22grandparents in the instances in which sub. (1) (a) 2. applies. The order shall specify
23a sum which will be sufficient for the support of the dependent person under sub. (1)
24(a) 1. or the maintenance of a child of a dependent person under sub. (1) (a) 2., to be
25paid weekly or monthly, during a period fixed by the order or until the further order
1of the court. If the court is satisfied that any such relative is unable wholly to
2maintain the dependent person or the child, but is able to contribute to the person's
3support or the child's maintenance, the court may direct 2 or more of the relatives
4to maintain the person or the child and prescribe the proportion each shall
5contribute. If the court is satisfied that these relatives are unable together wholly
6to maintain the dependent person or the child, but are able to contribute to the
7person's support or the child's maintenance, the court shall direct a sum to be paid
8weekly or monthly by each relative in proportion to ability. Contributions directed
9by court order, if for less than full support, shall be paid to the department
of health
10and social services and distributed as required by state and federal law. An order
11under this subsection that relates to maintenance required under sub. (1) (a) 2. shall
12specifically assign responsibility for and direct the manner of payment of the child's
13health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon
14application of any party affected by the order and upon like notice and procedure, the
15court may modify such an order. Obedience to such an order may be enforced by
16proceedings for contempt.
AB150-ASA,1030,2418
49.90
(6) If any relative who has been ordered to maintain an institutionalized
19dependent person or an institutionalized child of a dependent person under 18 years
20of age neglects to do as ordered, the authorities in charge of the dependent or child
21or in charge of the institution may recover in an action on behalf of the
general relief
22agency or institution for
general relief or support accorded the dependent person or
23child against such relative
the sum prescribed for each week while the order was
24disobeyed
and up to the time of judgment, with costs.
AB150-ASA, s. 3220
1Section
3220
. 49.95 (4m) (a) of the statutes, as affected by 1995 Wisconsin Act
2.... (this act), is amended to read:
AB150-ASA,1031,83
49.95
(4m) (a) Without legal authority, sends or brings a person to a county,
4tribal governing body or municipality or advises a person to go to a county, tribal
5governing body or municipality for the purpose of obtaining relief funded by a relief
6block grant, aid to families with dependent children under s. 49.19, medical
7assistance under
ss. 49.45 to 49.47 subch. IV or food stamps under
7 USC 2011 to
82029.
AB150-ASA,1031,1710
50.01
(1d) "Assisted living facility" means a place where 5 or more adults reside
11that consists of independent apartments, each of which has an individual lockable
12entrance and exit, a kitchen, including a stove, and individual bathroom, sleeping
13and living areas, and that provides, to a person who resides in the place, not more
14than 28 hours per week of services that are supportive, personal and nursing
15services. "Assisted living facility" does not include a nursing home or a
16community-based residential facility, but may be physically part of a structure that
17is a nursing home or community-based residential facility.
AB150-ASA,1031,1919
50.01
(1g) (f) An assisted living facility.
AB150-ASA,1031,2121
50.01
(3) (e) An assisted living facility.
AB150-ASA,1032,1223
50.02
(1) Departmental authority. The department may provide uniform,
24statewide licensing, inspection and regulation of community-based residential
25facilities and nursing homes as provided in this subchapter. The department shall
1certify, inspect and otherwise regulate adult family homes, as specified under s.
250.032 and shall license adult family homes, as specified under s. 50.033. Nothing
3in this subchapter may be construed to limit the authority of the department of
4industry, labor and human relations development or of municipalities to set
5standards of building safety and hygiene, but any local orders of municipalities shall
6be consistent with uniform, statewide regulation of community-based residential
7facilities. The department may not prohibit any nursing home from distributing
8over-the-counter drugs from bulk supply. The department may consult with
9nursing homes as needed and may provide specialized consultations when requested
10by any nursing home, separate from its inspection process, to scrutinize any
11particular questions the nursing home raises. The department shall, by rule, define
12"specialized consultation".
AB150-ASA,1033,214
50.02
(2) (a) The department, by rule, shall develop, establish and enforce
15regulations and standards for the care, treatment, health, safety, rights, welfare and
16comfort of residents in community-based residential facilities and nursing homes
17and for the construction, general hygiene, maintenance and operation of those
18facilities which, in the light of advancing knowledge, will promote safe and adequate
19accommodation, care and treatment of residents in those facilities; and promulgate
20and enforce rules consistent with this section. Such standards and rules shall
21provide that intermediate care facilities, which have 16 or fewer beds may, if
22exempted from meeting certain physical plant, staffing and other requirements of
23the federal regulations, be exempted from meeting the corresponding provisions of
24the department's standards and rules. The department shall consult with the
1department of
industry, labor and human relations development when developing
2exemptions relating to physical plant requirements.
AB150-ASA, s. 3225
3Section
3225. 50.02 (2) (b) of the statutes is renumbered 50.02 (2) (b) 1. and
4amended to read:
AB150-ASA,1033,95
50.02
(2) (b) 1. The department
may
shall conduct plan reviews of all capital
6construction and remodeling of nursing homes
to ensure that the plans comply with
7building code requirements under ch. 101 and with life safety code and physical plant
8requirements under s. 49.498, this chapter or under rules promulgated under this
9chapter.
AB150-ASA,1033,15
102. The department shall promulgate rules that establish a fee schedule for its
11services
under subd. 1. in conducting the plan reviews.
The schedule established
12under these rules shall set fees for nursing home plan reviews in amounts that are
13less than the sum of the amounts required on September 30, 1995, for fees under this
14paragraph and for fees for examination of nursing home plans under s. 101.19 (1) (a),
151993 stats.
AB150-ASA, s. 3227
16Section
3227. 50.03 (4) (a) 1. b. of the statutes is amended to read:
AB150-ASA,1034,917
50.03
(4) (a) 1. b. Except as provided in sub. (4m) (b), the department shall issue
18a license for a community-based residential facility if it finds the applicant to be fit
19and qualified, if it finds that the community-based residential facility meets the
20requirements established by this subchapter and if the community-based
21residential facility has paid the license fee under s.
140.85 (2) (a) 50.037 (2) (a). In
22determining whether to issue a license for a community-based residential facility,
23the department may consider any action by the applicant or by an employe of the
24applicant that constitutes a substantial failure by the applicant or employe to protect
25and promote the health, safety or welfare of a resident. The department may deny
1licensure to or not renew licensure for any person who conducted, maintained,
2operated or permitted to be maintained or operated a community-based residential
3facility for which licensure was revoked. The department, or its designee, shall make
4such inspections and investigations as are necessary to determine the conditions
5existing in each case and shall file written reports. Before renewing the license of
6any community-based residential facility, the department shall consider all
7complaints filed under sub. (2) (f) during the current license period and the
8disposition of each. The department shall promulgate rules defining "fit and
9qualified" for the purposes of this subd. 1. b.
AB150-ASA, s. 3228
10Section
3228. 50.03 (4) (c) of the statutes is renumbered 50.03 (4) (c) 1. and
11amended to read:
AB150-ASA,1034,2412
50.03
(4) (c) 1. Unless sooner revoked or suspended, a community-based
13residential facility license
shall be is valid for
one year. Unless sooner revoked or
14suspended, a nursing home license is valid for one year, but may be issued to a new
15licensee for less than one year to coincide with the date of federal medical assistance
16certification as a skilled nursing facility or intermediate care facility 24 months. At
17least
120 days but not more than 150 30 days prior to license expiration, the applicant
18shall submit
an annual a biennial report and application for renewal of the license
19in
such the form and containing
such the information
as that the department
20requires. If the report and application are approved, the license shall be renewed for
21an additional
one-year 24-month period. If
the application for renewal and a
22complete annual report are not timely filed, the department shall issue a warning
23to the licensee. Failure to make application for renewal within 30 days
there after
24may be after receipt of the warning is grounds for nonrenewal of the license.
AB150-ASA,1035,11
150.03
(4) (c) 2. Unless sooner revoked or suspended, a nursing home license is
2valid for 12 months, but may be issued to a new licensee for less than 12 months to
3coincide with the date of federal medical assistance certification as a skilled nursing
4facility or intermediate care facility. At least 120 days but not more than 150 days
5prior to license expiration, the applicant shall submit an annual report and
6application for renewal of the license in the form and containing the information that
7the department requires. If the report and application are approved, the license shall
8be renewed for an additional 12-month period. If the application for renewal and a
9complete annual report are not timely filed, the department shall issue a warning
10to the licensee. Failure to make application for renewal within 30 days after receipt
11of the warning is grounds for nonrenewal of the license.
AB150-ASA, s. 3230
12Section
3230. 50.03 (5g) (c) (intro.) of the statutes is amended to read:
AB150-ASA,1035,2113
50.03
(5g) (c) (intro.) If the department provides to a community-based
14residential facility written notice of the grounds for a sanction or penalty, an
15explanation of the types of sanctions or penalties that the department may impose
16under this subsection and an explanation of the process for appealing a sanction or
17penalty imposed under this subsection, the department may impose any of the
18following against a licensee or other person who
violates the applicable provisions
19of this section or rules promulgated under the applicable provisions of this section
20or who fails to comply with an order issued under par. (b) by the time specified in the
21order:
AB150-ASA, s. 3231
22Section
3231. 50.03 (5g) (c) 1. a. of the statutes is amended to read:
AB150-ASA,1036,323
50.03
(5g) (c) 1. a. Within the limits specified in this subdivision, the
24department may, by rule, set daily forfeiture amounts and payment deadlines based
25on the size and type of community-based residential facility and the seriousness of
1the violation.
As part of the order, the
The department may set daily forfeiture
2amounts that increase periodically within the statutory limits if there is continued
3failure to comply with an order issued under par. (b).
AB150-ASA,1036,115
50.03
(5g) (c) 1. c. All forfeitures shall be paid to the department within 10 days
6after receipt of notice of assessment or, if the forfeiture is contested under par. (f),
7within 10 days after receipt of the final decision after exhaustion of administrative
8review, unless the final decision is appealed and the order is stayed by court order
9under s. 50.03 (11). The department shall remit all forfeitures paid under this
10subdivision to the
state treasurer secretary of administration for deposit in the
11school fund.
AB150-ASA,1036,2013
50.03
(14) (b) The county departments of the county in which the facility is
14located that are responsible for providing services under s. 46.215 (1) (L), 46.22 (1)
15(b)
7. a. 1. c., 51.42 or 51.437 shall participate in the development and
16implementation of individual relocation plans. Any county department of another
17county shall participate in the development and implementation of individual
18relocation plans in place of the county departments of the county in which the facility
19is located, if the county department accepts responsibility for the resident or is
20delegated responsibility for the resident by the department or by a court.
AB150-ASA,1037,522
50.033
(2) Regulation. Standards for operation of licensed adult family homes
23and procedures for application for licensure, monitoring, inspection, revocation and
24appeal of revocation shall be under rules promulgated by the department under s.
2550.02 (2) (am) 2. Licensure shall be for a term not to exceed
12 24 months from the
1date of issuance and is not transferable.
The biennial licensure fee for a licensed
2adult family home is $75. The fee is payable to the county department under s.
346.215, 46.22, 46.23, 51.42 or 51.437, if the county department licenses the adult
4family home under sub. (1m) (b), and is payable to the department if the department
5licenses the adult family home under sub. (1m) (b).