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).
AB150-engrossed,1025,2320
49.124
(3) The department shall withhold the value of food stamp losses for
21which a county or federally recognized American Indian tribe is liable under sub.
(4) 22(2) from the payment to the county or tribe under s.
20.435 (4) (de) and (nL) 20.445
23(3) (de) and (nL) and reimburse the federal government from the funds withheld.
AB150-engrossed,1026,8
149.53
(1m) Except as provided under sub. (2)
, or (3)
or (4), no person may use
2or disclose information concerning applicants and recipients of
general relief
under
3s. 49.02 funded by a relief block grant, aid to families with dependent children, social
4services, child and spousal support and establishment of paternity services under s.
546.25, or supplemental payments under s. 49.177, for any purpose not connected
6with the administration of the programs. Any person violating this subsection may
7be fined not less than $25 nor more than $500 or imprisoned in the county jail not
8less than 10 days nor more than one year or both.
AB150-engrossed, s. 3144
9Section
3144. 49.53 (1m) of the statutes, as affected by 1995 Wisconsin Act ....
10(this act), is renumbered 49.83 and amended to read:
AB150-engrossed,1026,1811
49.83 Except as provided under
sub. (2) or (3) s. 49.32 (9) and (10), no person
12may use or disclose information concerning applicants and recipients of relief funded
13by a relief block grant, aid to families with dependent children, social services
, child
14and spousal support and establishment of paternity services under s. 46.25, or
15supplemental payments under s.
49.177 49.77, for any purpose not connected with
16the administration of the programs. Any person violating this subsection may be
17fined not less than $25 nor more than $500 or imprisoned in the county jail not less
18than 10 days nor more than one year or both.
AB150-engrossed,1027,220
49.53
(2) (a) Each county department under s. 46.215
or, 46.22
or 46.23 21administering aid to families with dependent children
and each official or agency
22administering general relief shall maintain a monthly report at its office showing the
23names and addresses of all persons receiving such
aids
aid together with the amount
24paid during the preceding month. Nothing in this paragraph shall be construed to
25authorize or require the disclosure in the report of any information (names,
1addresses, amounts of aid or otherwise) pertaining to adoptions, or aid furnished for
2the care of children in foster homes or treatment foster homes under s. 49.19 (10).
AB150-engrossed, s. 3146
3Section
3146. 49.53 (2) (a) of the statutes, as affected by 1995 Wisconsin Act
4.... (this act), is renumbered 49.32 (9) (a).
AB150-engrossed,1027,177
49.32
(9) (b)
Such The report
under par. (a) shall be open to public inspection
8at all times during regular office hours and may be destroyed after the next
9succeeding report becomes available. Any person except any public officer, seeking
10permission to inspect such
book report shall be required to prove his or her identity
11and to sign a statement setting forth his or her address and the reasons for making
12the request and indicating that he or she understands the provisions of par. (c) with
13respect to the use of the information obtained. The use of a fictitious name is a
14violation of this section. Within 72 hours after any such record has been inspected,
15the
agency county department shall mail to each person whose record was inspected
16a notification of that fact and the name and address of the person making such
17inspection. The
agency county department shall keep a record of such requests.
AB150-engrossed, s. 3148
18Section
3148. 49.53 (2) (c) of the statutes is renumbered 49.32 (9) (c) and
19amended to read:
AB150-engrossed,1027,2220
49.32
(9) (c) It is unlawful to use any information obtained through access to
21such report for political or commercial purposes. The violation of this provision is
22punishable upon conviction as provided in
sub. (1m)
s. 49.83.
AB150-engrossed,1028,53
49.77
(5) Income determination. In determining the amount of aid to be
4granted a person applying for supplemental payments under
s. 49.177 this section,
5income shall be disregarded to the extent allowed by federal regulations.
AB150-engrossed,1028,1810
49.89
(2) Subrogation. The department
of health and social services, the
11department of industry, labor and human relations,
a county or
an elected tribal
12governing body
providing that provides any public assistance under this chapter as
13a result of the occurrence of an injury, sickness or death
which that creates a claim
14or cause of action, whether in tort or contract, on the part of a public assistance
15recipient or beneficiary or the estate of a recipient or beneficiary against a 3rd party,
16including an insurer, is subrogated to the rights of the recipient, beneficiary or estate
17and may make a claim or maintain an action or intervene in a claim or action by the
18recipient, beneficiary or estate against the 3rd party.
AB150-engrossed,1029,420
49.65
(3) Assignment of actions. The department, county or elected tribal
21governing body providing any public assistance authorized under this chapter,
22including medical assistance, By applying for assistance under this chapter, an
23applicant assigns to the department the right to make a claim to recover an
24indemnity from a 3rd party, including an insurer, if the assistance is provided as a
25result of the occurrence of injury, sickness or death
which that results in a possible
1recovery of
an indemnity from
a the 3rd party
, including an insurer, may require an
2assignment from the applicant, recipient or beneficiary of such public assistance or
3legally appointed representative of the incompetent or deceased applicant, recipient
4or beneficiary giving it the right to make a claim against the 3rd party.
AB150-engrossed, s. 3156
5Section
3156. 49.65 (3) of the statutes, as affected by 1995 Wisconsin Act ....
6(this act), is renumbered 49.89 (3) and amended to read:
AB150-engrossed,1029,127
49.89
(3) Assignment of actions. By applying for assistance under this
8chapter, an applicant assigns to the
state department,
the county department or the
9tribal governing body that provided the assistance the right to make a claim to
10recover an indemnity from a 3rd party, including an insurer, if the assistance is
11provided as a result of the occurrence of injury, sickness or death that results in a
12possible recovery of an indemnity from the 3rd party.
AB150-engrossed, s. 3157
13Section
3157. 49.65 (3m) (title) of the statutes, as created by 1995 Wisconsin
14Act .... (this act), is renumbered 49.89 (3m) (title).
AB150-engrossed,1029,1916
49.65
(3m) Notice requirements. (a) An attorney retained to represent a
17current or former recipient of assistance under this chapter, or the recipient's estate,
18in asserting a claim that is subrogated under sub. (2) or assigned under sub. (3) shall
19provide notice under par. (c).
AB150-engrossed,1029,2420
(b) If no attorney is retained to represent a current or former recipient of
21assistance under this chapter, or the recipient's estate, in asserting a claim that is
22subrogated under sub. (2) or assigned under sub. (3), the current or former recipient
23or his or her guardian or, if the recipient is deceased, the personal representative of
24the recipient's estate, shall provide notice under par. (c).
AB150-engrossed,1030,3
1(c) If a person is required to provide notice under this paragraph, the person
2shall provide notice by certified mail to the department as soon as practicable after
3the occurrence of each of the following events for a claim under par. (a) or (b):
AB150-engrossed,1030,44
1. The filing of the action asserting the claim.
AB150-engrossed,1030,55
2. Intervention in the action asserting the claim.
AB150-engrossed,1030,66
3. Consolidation of the action asserting the claim.
AB150-engrossed,1030,77
4. An award or settlement of all or part of the claim.
AB150-engrossed, s. 3159
8Section
3159. 49.65 (3m) (a) of the statutes, as created by 1995 Wisconsin Act
9.... (this act), is renumbered 49.89 (3m) (a).
AB150-engrossed, s. 3160
10Section
3160. 49.65 (3m) (b) of the statutes, as created by 1995 Wisconsin Act
11.... (this act), is renumbered 49.89 (3m) (b).
AB150-engrossed, s. 3161
12Section
3161. 49.65 (3m) (c) (intro.) of the statutes, as created by 1995
13Wisconsin Act .... (this act), is renumbered 49.89 (3m) (c) (intro.) and amended to
14read:
AB150-engrossed,1030,1815
49.89
(3m) (c) (intro.) If a person is required to provide notice under this
16paragraph, the person shall provide notice by certified mail to the department
that
17provided the assistance as soon as practicable after the occurrence of each of the
18following events for a claim under par. (a) or (b):
AB150-engrossed, s. 3162
19Section
3162. 49.65 (3m) (c) 1. to 4. of the statutes, as created by 1995
20Wisconsin Act .... (this act), are renumbered 49.89 (3m) (c) 1. to 4.
AB150-engrossed,1031,4
149.89
(6) (title)
Department's Departments' duties and powers. The
2department
of health and social services and the department of industry, labor and
3human relations shall enforce
its their rights under this section and may contract for
4the recovery of any claim or right of indemnity arising under this section.
AB150-engrossed,1031,149
49.65
(7) (c) The incentive payment shall be an amount equal to 15% of the
10amount recovered because of benefits paid under s.
49.046, 49.19, 49.20 or 49.30 or
11as state supplemental payments under s. 49.177. The incentive payment shall be
12taken from the state share of the sum recovered, except that the incentive payment
13for an amount recovered because of benefits paid under s. 49.19 shall be considered
14an administrative cost under s. 49.19 for the purpose of claiming federal funding.
AB150-engrossed, s. 3170
15Section
3170. 49.65 (7) (c) of the statutes, as affected by 1995 Wisconsin Act
16.... (this act), is renumbered 49.89 (7) (c) and amended to read:
AB150-engrossed,1031,2217
49.89
(7) (c) The incentive payment shall be an amount equal to 15% of the
18amount recovered because of benefits paid under s. 49.19, 49.20 or 49.30
or as state
19supplemental payments under s. 49.177. The incentive payment shall be taken from
20the state share of the sum recovered, except that the incentive payment for an
21amount recovered because of benefits paid under s. 49.19 shall be considered an
22administrative cost under s. 49.19 for the purpose of claiming federal funding.
AB150-engrossed, s. 3171
23Section
3171. 49.65 (7) (d) of the statutes is renumbered 49.89 (7) (d) 1. and
24amended to read:
AB150-engrossed,1032,5
149.89
(7) (d) 1. Any county or elected tribal governing body that has made a
2recovery under this section for which it is eligible to receive an incentive payment
3under par. (b) or
(c) (bm) shall report such recovery to the department
of health and
4social services within 30 days after the end of the month in which the recovery is
5made in a manner specified by the department
of health and social services.
AB150-engrossed,1032,108
49.89
(7) (e) The amount of the recovery remaining after payments are made
9under pars. (b)
and to (c) shall be deposited in the state treasury and credited to the
10appropriation from which the assistance was originally paid.
AB150-engrossed, s. 3174
12Section
3174. 49.65 (9) (intro.) of the statutes is renumbered 49.89 (9) (intro.)
13and amended to read:
AB150-engrossed,1032,1814
49.89
(9) Powers of health maintenance organizations. (intro.) A health
15maintenance organization or other prepaid health care plan has the powers of the
16department
of health and social services under subs. (2) to (5) to recover the costs
17which the organization or plan incurs in treating an individual if all of the following
18circumstances are present:
AB150-engrossed, s. 3177
21Section
3177. 49.65 (9) (c) of the statutes is renumbered 49.89 (9) (c) and
22amended to read:
AB150-engrossed,1032,2523
49.89
(9) (c) The medical costs are incurred during a period for which the
24department
of health and social services pays a capitation or enrollment fee for the
25recipient.
AB150-engrossed, s. 3178
1Section
3178. Subchapter V (title) of chapter 49 [precedes 49.66] of the
2statutes is created to read:
AB150-engrossed,1033,64
Subchapter V
5
Other medically related
6
services and support programs
AB150-engrossed,1033,8
849.66 Definitions. In this subchapter:
AB150-engrossed,1033,9
9(1) "Department" means the department of health and social services.
AB150-engrossed,1033,10
10(2) "Secretary" means the secretary of health and social services.
AB150-engrossed, s. 3180
11Section
3180. 49.70 of the statutes, as affected by 1995 Wisconsin Act .... (this
12act), is renumbered 49.38.
AB150-engrossed,1034,1014
49.70
(2) The department shall exercise the options to purchase such securities
15or accept an assignment of such securities when it finds that the owner of the
16securities is a resident of this state and is in need of
general relief, public assistance
17or welfare aid, or who but for the ownership of such securities would qualify for
18general relief, public assistance
or other welfare aid. If the department exercises an
19option to purchase such security, the purchase price shall be paid out, at par value,
20as
general a relief
payment. Where the department accepts an assignment of such
21security as provided in this section it shall pay out as
general relief an amount equal
22to the par value of the security assigned. The
general relief furnished, whether by
23money or otherwise, shall be at such times and in such amounts as will in the
24discretion of the department meet the needs of the recipient and protect the public.
25The department is authorized to exercise the options to purchase assigned to it in
1whole or in part, or to accept an assignment of such securities in whole or in part.
2The department is granted such authority as may be necessary and convenient to
3enable it to exercise the functions and perform the duties required of it by this
4section, including without limitation because of enumeration the authority to
5promulgate rules governing eligibility and the furnishing and paying of
general 6relief under this section, the authority to enter into suitable agreements with the
7owner of the security or other appropriate persons for the purpose of carrying out this
8section, and the authority to sell or transfer the securities or defend and prosecute
9all actions concerning it and pay all just claims against it and do all other things
10necessary for the protection, preservation and management of the securities.