AB150-engrossed,1014,12
249.495 Jurisdiction of the department of justice. The department of
3justice or the district attorney may institute, manage, control and direct, in the
4proper county, any prosecution for violation of criminal laws affecting the medical
5assistance program including but not limited to laws relating to medical assistance
6contained in this
chapter subchapter and laws affecting the health, safety and
7welfare of recipients of medical assistance. For this purpose the department of
8justice shall have and exercise all powers conferred upon district attorneys in such
9cases. The department of justice or district attorney shall notify the medical
10examining board or the interested affiliated credentialing board of any such
11prosecution of a person holding a license granted by the board or affiliated
12credentialing board.
AB150-engrossed,1014,1715
49.496
(3) (a) 2. a. Home-based or community-based services under
42 USC
161396d (7) and (8) and under any waiver granted under
42 USC 1396n (c) (4) (B)
or
1742 USC 1396u.
AB150-engrossed,1015,719
49.496
(4) Administration. The department may require a county department
20under s. 46.215
or, 46.22
or 46.23 or the governing body of a federally recognized
21American Indian tribe administering medical assistance to gather and provide the
22department with information needed to recover medical assistance under this
23section. The department shall pay to a county department or tribal governing body
24an amount equal to 5% of the recovery collected by the department relating to a
25beneficiary for whom the county department or tribal governing body made the last
1determination of medical assistance eligibility. A county department or tribal
2governing body may use funds received under this subsection only to pay costs
3incurred under this subsection and, if any amount remains, to pay for improvements
4to functions required under s.
46.032 49.33 (2). The department may withhold
5payments under this subsection for failure to comply with the department's
6requirements under this subsection. The department shall treat payments made
7under this subsection as costs of administration of the medical assistance program.
AB150-engrossed,1015,159
49.496
(5) Use of funds. From the appropriation under s. 20.435 (1) (im), the
10department shall pay the amount of the payments under sub. (4) that is not paid from
11federal funds, shall pay to the federal government the amount of the funds recovered
12under this section equal to the amount of federal funds used to pay the benefits
13recovered under this section and shall spend the remainder of the funds recovered
14under this section for medical assistance benefits
administered under s. 49.45 under
15this subchapter.
AB150-engrossed,1015,2017
49.498
(16m) Appeals procedures. Appeals procedures under this section with
18respect to imposition of a remedy, as specified in
42 CFR 488.406 (a) (6), shall be
19consistent with appeals procedures in federal regulations promulgated to interpret
2042 USC 1396r.
AB150-engrossed,1016,53
49.001
(1) In this section, "child "Child care provider" means a child care
4provider that is licensed under s. 48.65 (1), certified under s. 48.651 or established
5or contracted for under s. 120.13 (14).
AB150-engrossed,1016,1511
49.33
(7) County personnel systems. Pursuant to rules promulgated under
12sub.
(2) (4), the department where requested by the county shall delegate to that
13county, without restriction because of enumeration, any or all of the department's
14authority under sub.
(2) (4) to establish and maintain personnel standards including
15salary levels.
AB150-engrossed,1017,218
49.82
(1) (title)
Department Departments to advise counties. The department
19of health and social services and the department of industry, labor and human
20relations shall advise all county officers charged with the administration of
such
21laws of these requirements
relating to public assistance programs under this chapter 22and shall render all possible assistance in securing compliance therewith, including
23the preparation of necessary blanks and reports. The department
of health and
24social services and the department of industry, labor and human relations shall also
25publish such information as it deems advisable to acquaint persons entitled to public
1assistance and the public generally with the laws governing
the same public
2assistance under this chapter.
AB150-engrossed, s. 3089c
3Section 3089c. 49.50 (6e) (title) of the statutes is renumbered 49.191 (1) (title)
4and amended to read:
AB150-engrossed,1017,65
49.191
(1) (title)
Day
Child care funds for certain recipients of aid to
6families of with dependent children.
AB150-engrossed,1017,149
49.50
(6e) (b) Within the limits of funds available under s. 20.435 (4) (cn) and
10(na)
and (6) (jg), the department shall provide funds for individuals who are working
11and who receive aid to families with dependent children to pay child care costs in
12excess of the amount of the child care disregard under s. 49.19 (5) (a) and child care
13costs incurred before the child care disregard under s. 49.19 (5) (a) becomes available
14if the child care is provided by a child care provider.
AB150-engrossed, s. 3092
15Section
3092. 49.50 (6e) (b) of the statutes, as affected by 1995 Wisconsin Act
16.... (this act), is renumbered 49.191 (1) (b) and amended to read:
AB150-engrossed,1017,2317
49.191
(1) (b) Within the limits of funds available under
s. ss. 20.435
(4) (cn)
18and (na) and (6) (3) (jg)
and 20.445 (3) (cn) and (na), the department shall provide
19funds for individuals who are working and who receive aid to families with
20dependent children to pay child care costs in excess of the amount of the child care
21disregard under s. 49.19 (5) (a) and child care costs incurred before the child care
22disregard under s. 49.19 (5) (a) becomes available if the child care is provided by a
23child care provider.
AB150-engrossed, s. 3093c
24Section 3093c. 49.50 (6g) of the statutes is renumbered 49.191 (2), and 49.191
25(2) (title), as renumbered, is amended to read:
AB150-engrossed,1018,2
149.191
(2) (title)
Day Child care funds for former recipients of aid to families
2with dependent children.
AB150-engrossed,1018,54
49.50
(6k) (title)
Administration of
day child care funds under the aid to
5families with dependent children program.
AB150-engrossed, s. 3095
6Section
3095. 49.50 (6k) (title) of the statutes, as affected by 1995 Wisconsin
7Act .... (this act), is renumbered 49.191 (3) (title).
AB150-engrossed, s. 3096
8Section
3096. 49.50 (6k) (a) of the statutes is renumbered 49.191 (3) (a) and
9amended to read:
AB150-engrossed,1018,1510
49.191
(3) (a) County departments under ss. 46.215, 46.22 and 46.23 shall
11administer the funds appropriated for the purpose of providing child care under
12subs.
(6e) (b) and (6g) (1) (b) and (2) for recipients and former recipients of aid under
13s. 49.19 and under
sub. (7) (e) s. 49.26 (1) (e) for participants in the learnfare
14program. The department shall allocate funds to county departments under ss.
1546.215, 46.22 and 46.23 for the purposes of this paragraph.
AB150-engrossed, s. 3097
16Section
3097. 49.50 (6k) (b) of the statutes is renumbered 49.191 (3) (b) and
17amended to read:
AB150-engrossed,1018,2318
49.191
(3) (b) Beginning on January 1, 1994, a county department under s.
1946.215, 46.22 or 46.23 may, with the approval of the department, provide payment
20for, or reimbursement of, child care under
sub. (1) (a) or s. 49.193 (8)
or 49.50 (6e) (a) 21using funds allocated under par. (a). The department shall approve or disapprove
22this use of funds under criteria established to maximize state and federal funding
23available for child care.
AB150-engrossed,1019,4
149.50
(6k) (c) Notwithstanding s. 49.41, the department shall promptly recover
2all overpayments made under subs. (6e), (6g) and (7) (e) and ss. 49.193 (8) and 49.27
3(6) (c). The department shall promulgate rules establishing policies and procedures
4to administer this paragraph.
AB150-engrossed, s. 3099
5Section
3099. 49.50 (6k) (c) of the statutes, as created by 1995 Wisconsin Act
6.... (this act), is renumbered 49.191 (3) (c) and amended to read:
AB150-engrossed,1019,107
49.191
(3) (c) Notwithstanding s.
49.41
49.96, the department shall promptly
8recover all overpayments made under subs.
(6e), (6g), and (7) (e) (1) and (2) and ss.
949.193 (8)
, 49.26 (1) (e) and 49.27 (6) (c). The department shall promulgate rules
10establishing policies and procedures to administer this paragraph.
AB150-engrossed, s. 3100c
11Section 3100c. 49.50 (6n) of the statutes is renumbered 49.191 (4), and 49.191
12(4) (title), as renumbered, is amended to read:
AB150-engrossed,1019,1313
49.191
(4) (title)
Day
Child care expenditure information.
AB150-engrossed, s. 3101
14Section
3101. 49.50 (7) (title) of the statutes is renumbered 49.26 (title) and
15amended to read:
AB150-engrossed,1019,16
1649.26 (title)
Learnfare pilot program.
AB150-engrossed, s. 3102b
17Section 3102b. 49.50 (7) (a) (intro.) of the statutes is renumbered 49.26 (1) (a)
18(intro.) and amended to read:
AB150-engrossed,1019,1919
49.26
(1) (a) (intro.) In this subsection
, "school":
AB150-engrossed,1019,20
202. "School" means any one of the following:
AB150-engrossed,1020,13
149.26
(1) (e) For an individual who is a recipient of aid under s. 49.19, who is
2the parent with whom a dependent child lives and who is either
required to attend 3subject to the school
attendance requirement under par.
(g) (ge) or is under 20 years
4of age and wants to attend school, the department shall make a monthly payment
5to the individual or the child care provider for the month's child care costs in an
6amount based on need with the maximum amount per child equal to the lesser of the
7actual cost of the care or the rate established under s. 46.98 (4) (d) or, if a higher rate
8is established under s. 46.98 (4) (e) and if the child care meets the quality standards
9established under s. 46.98 (4) (e), in an amount based on need with the maximum
10amount per child equal to the lesser of the actual cost of the care or the rate
11established under s. 46.98 (4) (e), if the individual demonstrates the need to purchase
12child care services in order to attend school and those services are available from a
13child care provider.
AB150-engrossed, s. 3105b
14Section 3105b. 49.50 (7) (g) of the statutes is renumbered 49.26 (1) (g), and
1549.26 (1) (g) (intro.), as renumbered, is amended to read:
AB150-engrossed,1020,1916
49.26
(1) (g) (intro.) An individual who is a recipient of aid under s. 49.19
shall
17attend school to meet the participation requirements of the program under this
18subsection is subject to the school attendance requirement under par. (ge) if all of the
19following apply:
AB150-engrossed, s. 3109b
20Section 3109b. 49.50 (7) (gm) of the statutes is renumbered 49.26 (1) (gm)
21(intro.) and amended to read:
AB150-engrossed,1020,2422
49.26
(1) (gm) (intro.) The first time that an individual fails to meet the
23requirements school attendance requirement under par.
(g) (ge), the county
24department under s. 46.215, 46.22 or 46.23 shall
offer
do all of the following:
AB150-engrossed,1021,2
12. Offer case management services described in
s. 46.62 sub. (2) to the
2individual and his or her family.
AB150-engrossed, s. 3111b
3Section 3111b. 49.50 (7) (h) of the statutes is renumbered 49.26 (1) (h), and
449.26 (1) (h) 1. (intro.) and c. and 1m., as renumbered, are amended to read:
AB150-engrossed,1021,75
49.26
(1) (h) 1. (intro.) An individual who is 6 to 12 years of age and who fails
6to meet the
requirements school attendance requirement under par.
(g) (ge) is subject
7to sanctions as provided by the department by rule only if all of the following apply:
AB150-engrossed,1021,98
c. The individual continues to fail to meet the
requirements school attendance
9requirement under par.
(g) (ge).
AB150-engrossed,1021,1210
1m. An individual who is 13 to 19 years of age and
who fails to meet the
11requirements school attendance requirement under par.
(g) (ge) is subject to
12sanctions as provided by the department by rule
.
only if all of the following apply:
AB150-engrossed, s. 3116b
14Section 3116b. 49.50 (7) (hr) of the statutes is renumbered 49.26 (1) (hr) and
15amended to read:
AB150-engrossed,1021,2116
49.26
(1) (hr) If an individual
required to attend subject to the school
17attendance requirement under par.
(g)
(ge) is enrolled in a public school,
18communications between the school district and the department or a county
19department under s. 46.215, 46.22 or 46.23 concerning the individual's school
20attendance may only be made by a school attendance officer, as defined under s.
21118.16 (1) (a).
AB150-engrossed,1022,424
49.26
(1) (i) The department shall request a waiver from the secretary of the
25federal department of health and human services to permit the application of the
1school attendance requirement under par.
(g)
(ge). Paragraphs (e) and (g) to (hr) do
2not apply unless the federal waiver is in effect. If a waiver is received, the
3department shall implement par. (e) beginning with the fall 1987 school term, as
4defined under s. 115.001 (12), or on the date the waiver is effective, whichever is later.
AB150-engrossed,1022,127
49.26
(1) (j) The department shall designate 4 counties in which the school
8attendance requirement under par.
(g) (ge) will apply to individuals who are 6 to 12
9years of age. The department may phase in the requirement by age, beginning on
10the first day of the fall 1994 school term, as defined in s. 115.001 (12). The
11department shall conduct or contract for an evaluation of the expansion of the school
12attendance requirement under this paragraph.
AB150-engrossed,1022,2117
49.82
(2) Eligibility verification. Proof shall be provided for each person
18included in an application for public assistance
under this chapter, except for a child
19who is eligible for medical assistance under s. 49.46 or 49.47 because of
42 USC 1396a 20(e) (4), of his or her social security number or that an application for a social security
21number has been made.
AB150-engrossed,1023,1023
49.50
(11) Periodic earnings check by department. The department shall
24make a periodic check of the amounts earned by recipients of medical assistance
25under s. 49.46, 49.468 or 49.47, aid to families with dependent children under s. 49.19
1and food stamps under
7 USC 2011 to
2029 through a check of the amounts credited
2to the recipient's social security number. The department shall make an
3investigation into any discrepancy between the amounts credited to a social security
4number and amounts reported as income on the declaration application and take
5appropriate action under s.
49.12 49.95 when warranted. The department shall use
6the state wage reporting system developed by the department of industry, labor and
7human relations under
1985 Wisconsin Act 17, section
65 (1), when the system is
8implemented, to make periodic earnings checks. The department of industry, labor
9and human relations shall cooperate with the department in supplying this
10information.
AB150-engrossed, s. 3127
11Section
3127. 49.50 (11) of the statutes, as affected by 1995 Wisconsin Act ....
12(this act), is repealed.
AB150-engrossed, s. 3129
14Section
3129. 49.52 (title) of the statutes is renumbered 46.495 (title) and
15amended to read:
AB150-engrossed,1023,17
1646.495 (title)
Reimbursement
Distribution of community aids funds to
17counties.
AB150-engrossed, s. 3130
18Section
3130. 49.52 (1) (ad) of the statutes, as affected by 1995 Wisconsin Act
19.... (this act), is renumbered 49.33 (8) and amended to read:
AB150-engrossed,1024,220
49.33
(8) (title)
Reimbursement for income maintenance administration. (a)
21The department shall reimburse each county for reasonable costs of income
22maintenance
relating to the administration
of the programs under this subchapter
23and subch. IV according to a formula based on workload within the limits of available
24state and federal funds under s.
20.435 (4) (de) and (nL) 20.445 (3) (de) and (nL) by
25contract under s.
46.032 49.33 (2). The amount of reimbursement calculated under
1this paragraph
and par. (b) is in addition to any reimbursement provided to a county
2for fraud and error reduction under s. 49.197 (1m) and (4).
AB150-engrossed,1024,43
(b) The department may adjust the amounts determined under
subd. 1. par. (a) 4for workload changes and computer network activities performed by counties.
AB150-engrossed,1024,86
49.52
(1) (ad) 2. The department may adjust the amounts determined under
7subd. 1. for workload changes
, administration of relief of needy Indian persons under
8s. 49.046 and computer network activities performed by counties.
AB150-engrossed, s. 3132
9Section
3132. 49.52 (1) (am) of the statutes is renumbered 46.495 (1) (am) and
10amended to read:
AB150-engrossed,1024,1711
46.495
(1) (am) The department shall reimburse each county from the
12appropriations under s. 20.435
(4) (d) and (p) and (7) (b) and (o)
for 100% of the cost
13of aid to families with dependent children granted under s. 49.19, for social services
14as approved by the department under ss. 46.215 (1), (2) (c)
1. and (3) and 46.22 (1)
15(b)
8. 1. d. and (e) 3.
, and for funeral expenses paid for recipients of aid under s. 49.30, 16a. except that no reimbursement may be made for the administration of or aid
17granted under s. 49.02.
AB150-engrossed,1025,1020
49.52
(1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the
21department shall distribute the funding for social services, including funding for
22foster care or treatment foster care of a child receiving aid under s. 49.19, to county
23departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. County
24matching funds are required for the distributions under s. 46.40 (2),
(3), (3m), (4), 25(4m) and (8)
, (9) and (12). Each county's required match for a year equals 9.89% of
1the total of the county's distributions for that year for which matching funds are
2required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to
3spend for juvenile delinquency-related services from its distribution for 1987.
4Matching funds may be from county tax levies, federal and state revenue sharing
5funds or private donations to the county that meet the requirements specified in s.
651.423 (5). Private donations may not exceed 25% of the total county match. If the
7county match is less than the amount required to generate the full amount of state
8and federal funds distributed for this period, the decrease in the amount of state and
9federal funds equals the difference between the required and the actual amount of
10county matching funds.
AB150-engrossed, s. 3135
11Section
3135. 49.52 (1) (d) of the statutes, as affected by 1995 Wisconsin Act
12.... (this act), is renumbered 46.495 (1) (d).