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.
AB150-engrossed, s. 3186
15Section
3186. 49.80 (2) (b) of the statutes is renumbered 16.385 (2) (b) and
16amended to read:
AB150-engrossed,1034,2317
16.385
(2) (b) The department
of health and social services shall administer a
18low-income warm room program to install low-income warm room program
19materials in the dwellings of low-income warm room program volunteers and to
20train the low-income warm room program volunteers and the members of each
21low-income warm room program volunteer's household in the operation of the
22low-income warm room program materials to achieve maximum health and heating
23efficiency.
AB150-engrossed, s. 3188
1Section
3188. 49.80 (3) (b) of the statutes is renumbered 16.385 (3) (b) and
2amended to read:
AB150-engrossed,1035,53
16.385
(3) (b) By October 1 of every year from the appropriation under s.
20.435
4(4) (md) 20.505 (7) (o), determine the total amount available for payment of heating
5assistance under sub. (6) and determine the benefit schedule.
AB150-engrossed, s. 3189
6Section
3189. 49.80 (3) (c) of the statutes is renumbered 16.385 (3) (c) and
7amended to read:
AB150-engrossed,1035,108
16.385
(3) (c) From the appropriation under s.
20.435 (4) (mc) 20.505 (7) (m),
9allocate $1,100,000 in each federal fiscal year for the department's expenses in
10administering the funds to provide low-income energy assistance.
AB150-engrossed, s. 3190
11Section
3190. 49.80 (3) (d) of the statutes is renumbered 16.385 (3) (d) and
12amended to read:
AB150-engrossed,1035,1613
16.385
(3) (d) From the appropriation under s.
20.435 (4) (md) 20.505 (7) (o),
14allocate $2,900,000 in each federal fiscal year for the expenses of a county
15department, another local governmental agency or a private nonprofit organization
16in administering under sub. (4) the funds to provide low-income energy assistance.
AB150-engrossed, s. 3191
17Section
3191. 49.80 (3) (e) (intro.) of the statutes is renumbered 16.385 (3) (e)
18(intro.) and amended to read:
AB150-engrossed,1035,2019
16.385
(3) (e) (intro.) From the appropriation under s.
20.435 (4) (md) 20.505
20(7) (o):
AB150-engrossed, s. 3192
21Section
3192. 49.80 (3) (e) 1. of the statutes is renumbered 16.385 (3) (e) 1. and
22amended to read:
AB150-engrossed,1036,323
16.385
(3) (e) 1. Allocate and transfer to the appropriation under s. 20.505 (7)
24(km), 15% of the moneys received under
42 USC 8621 to
8629 in each federal fiscal
25year under the priority of maintaining funding for the geographical areas on July 20,
11985, and, if funding is reduced, prorating contracted levels of payment, for the
2weatherization assistance program administered by the department
of
3administration under s. 16.39.
AB150-engrossed,1036,75
49.80
(3) (e) 2. Allocate
$2,400,000
not more than $3,200,000 in each federal
6fiscal year for the payment of crisis assistance benefits to meet weather-related or
7fuel supply shortage emergencies under sub. (8).
AB150-engrossed, s. 3194
8Section
3194. 49.80 (3) (e) 2. of the statutes, as affected by 1995 Wisconsin Act
9.... (this act), is renumbered 16.385 (3) (e) 2.
AB150-engrossed, s. 3199
14Section
3199. 49.80 (4) (a) of the statutes is renumbered 16.385 (4) (a) and
15amended to read:
AB150-engrossed,1036,2116
16.385
(4) (a) A household may apply after September 30 and before May 16
17of any year for heating assistance from the county department under s. 46.215 (1) (n)
18or 46.22 (1) (b)
10. 4. a. to e. or from another local governmental agency or a private
19nonprofit organization with which the department contracts to administer the
20heating assistance program, and shall have the opportunity to do so on a form
21prescribed by the department for that purpose.
AB150-engrossed, s. 3203
1Section
3203. 49.80 (5) (c) of the statutes is renumbered 16.385 (5) (c) and
2amended to read:
AB150-engrossed,1037,63
16.385
(5) (c) A household entirely composed of persons receiving aid to
4families with dependent children under s. 49.19, food stamps under
7 USC 2011 to
52029, or supplemental security income or state supplemental payments under
42
6USC 1381 to
1383c or s.
49.177 49.77.
AB150-engrossed, s. 3208
11Section
3208. Subchapter VI (title) of chapter 49 [precedes 49.81] of the
12statutes is created to read:
AB150-engrossed,1037,1514
Subchapter VI
15
General provisions
AB150-engrossed,1037,17
1749.82 (title)
Administration of public assistance programs.
AB150-engrossed, s. 3210
18Section
3210. 49.84 (2) of the statutes, as affected by 1995 Wisconsin Act ....
19(this act), is amended to read:
AB150-engrossed,1038,220
49.84
(2) At the time of application, the agency administering the public
21assistance program shall apply to the department
of health and social services for
22a certified copy of a birth certificate for the applicant if the applicant is required to
23provide a birth certificate or social security number as part of the application and for
24any person in the applicant's household who is required to provide a birth certificate
1or social security number. The department
of health and social services shall provide
2without charge any copy for which application is made under this subsection.
AB150-engrossed, s. 3211
3Section
3211. 49.84 (5) of the statutes, as affected by 1995 Wisconsin Act ....
4(this act), is amended to read:
AB150-engrossed,1038,95
49.84
(5) A person applying for aid to families with dependent children under
6s. 49.19, medical assistance under
ss. 49.45 to 49.47
subch. IV or food stamp program
7benefits under
7 USC 2011 to
2029 shall, as a condition of eligibility, provide a
8declaration and other verification of citizenship or satisfactory immigration status
9as required in
42 USC 1320b-7 (d).
AB150-engrossed,1038,1911
49.85
(2) (b)
At least annually, the department of industry, labor and human
12relations shall certify to the department of revenue the amounts that, based on the
13notifications received under sub. (1) and on other information received by the
14department of industry, labor and human relations, the department of industry,
15labor and human relations has determined that it may recover under ss. 49.125 and
1649.195 (3), except that the department of industry, labor and human relations may
17not certify an amount under this subsection unless it has met the notice
18requirements under sub. (3) and unless it's determination has either not been
19appealed or is no longer under appeal.
AB150-engrossed,1038,23
20(3) (b)
At least 30 days before certification of an amount, the department of
21industry, labor and human relations shall send a notice to the last-known address
22of the person from whom that department intends to recover the amount. The notice
23shall do all of the following:
AB150-engrossed,1039,224
1. Inform the person that the department of industry, labor and human
25relations intends to certify to the department of revenue an amount that the
1department of industry, labor and human relations has determined to be due under
2s. 49.125 or 49.195 (3), for setoff from any state tax refund that may be due the person.
AB150-engrossed,1039,63
2. Inform the person that he or she may appeal the determination of the
4department of industry, labor and human relations to certify the amount by
5requesting a hearing under sub. (4) within 30 days after the date of the letter and
6inform the person of the manner in which he or she may request a hearing.
AB150-engrossed,1039,107
3. Inform the person that, if the determination of the department of industry,
8labor and human relations is appealed, that department will not certify the amount
9to the department of revenue while the determination of the department of industry,
10labor and human relations is under appeal.
AB150-engrossed,1039,1611
4. Inform the person that, unless a contested case hearing is requested to
12appeal the determination of the department of industry, labor and human relations,
13the person may be precluded from challenging any subsequent setoff of the certified
14amount by the department of revenue, except on the grounds that the certified
15amount has been partially or fully paid or otherwise discharged, since the date of the
16notice.
AB150-engrossed,1039,1917
5. Request that the person inform the department of industry, labor and human
18relations if a bankruptcy stay is in effect with respect to the person or if the claim has
19been discharged in bankruptcy.
AB150-engrossed,1039,2120
6. Inform the person that the person may need to contact the department of
21revenue in order to protect the refunds of spouses who are not liable for the claim.
AB150-engrossed,1040,2
22(4) (b)
If a person has requested a hearing under this subsection, the
23department of industry, labor and human relations shall hold a contested case
24hearing under s. 227.44, except that the department of industry, labor and human
1relations may limit the scope of the hearing to exclude issues that were presented at
2a prior hearing or that could have been presented at a prior opportunity for hearing.
AB150-engrossed,1040,17
449.86 Disbursement of funds and facsimile signatures. Withdrawal or
5disbursement of moneys deposited in a public depository, as defined in s. 34.01 (5),
6to the credit of the department of industry, labor and human relations or any of its
7divisions or agencies shall be by check, share draft or other draft signed by the
8secretary of industry, labor and human relations or by one or more persons in the
9department of industry, labor and human relations designated by written
10authorization of the secretary of industry, labor and human relations. Such checks,
11share drafts and other drafts shall be signed personally or by use of a mechanical
12device adopted by the secretary of industry, labor and human relations or his or her
13designees for affixing a facsimile signature. Any public depository shall be fully
14warranted and protected in making payment on any check, share draft or other draft
15bearing such facsimile signature notwithstanding that the facsimile may have been
16placed thereon without the authority of the secretary of industry, labor and human
17relations or his or her designees.
AB150-engrossed,1040,2219
49.89
(7) (bm) The incentive payment shall be an amount equal to 15% of the
20amount recovered because of benefits paid as state supplemental payments under
21s. 49.77. The incentive payment shall be taken from the state share of the sum
22recovered.
AB150-engrossed,1041,424
49.89
(7) (d) 2. Any county or elected tribal governing body that has made a
25recovery under this section for which it is eligible to receive an incentive payment
1under par. (c) shall report such recovery to the department of industry, labor and
2human relations within 30 days after the end of the month in which the recovery is
3made in a manner specified by the department of industry, labor and human
4relations.
AB150-engrossed,1041,76
49.90
(1) (b) For purposes of this section those persons receiving benefits under
7federal Title XVI or under s.
49.177 49.77 shall not be deemed dependent persons.
AB150-engrossed,1041,199
49.90
(2) Upon failure of these relatives to provide maintenance the authorities
10or board shall submit to the corporation counsel a report of its findings. Upon receipt
11of the report the corporation counsel shall, within 60 days, apply to the circuit court
12for the county in which the dependent person under sub. (1) (a) 1. or the child of a
13dependent person under sub. (1) (a) 2. resides for an order to compel the
14maintenance. Upon such an application the corporation counsel shall make a
15written report to the county department under s. 46.215, 46.22 or 46.23, with a copy
16to the chairperson of the county board of supervisors in a county with a single-county
17department or the county boards of supervisors in counties with a multicounty
18department, and to the department of health and social services
or the department
19of revenue, whichever is appropriate.
AB150-engrossed,1042,421
49.90
(2g) In addition to the remedy specified in sub. (2), upon failure of a
22grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who
23is or may be required to provide maintenance under sub. (1) (a) 2., a child of a
24dependent minor or the child's parent may apply to the circuit court for the county
25in which the child resides for an order to compel the provision of maintenance. A
1county department under s. 46.215, 46.22 or 46.23, a county child support agency or
2the department
of revenue may initiate an action to obtain maintenance of the child
3by the child's grandparent under sub. (1) (a) 2., regardless of whether the child
4receives public assistance.