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.
AB150-engrossed,1043,66
49.90
(4) The circuit court shall in a summary way hear the allegations and
7proofs of the parties and by order require maintenance from these relatives, if they
8have sufficient ability, considering their own future maintenance and making
9reasonable allowance for the protection of the property and investments from which
10they derive their living and their care and protection in old age, in the following
11order: First the husband or wife; then the father and the mother; and then the
12grandparents in the instances in which sub. (1) (a) 2. applies. The order shall specify
13a sum which will be sufficient for the support of the dependent person under sub. (1)
14(a) 1. or the maintenance of a child of a dependent person under sub. (1) (a) 2., to be
15paid weekly or monthly, during a period fixed by the order or until the further order
16of the court. If the court is satisfied that any such relative is unable wholly to
17maintain the dependent person or the child, but is able to contribute to the person's
18support or the child's maintenance, the court may direct 2 or more of the relatives
19to maintain the person or the child and prescribe the proportion each shall
20contribute. If the court is satisfied that these relatives are unable together wholly
21to maintain the dependent person or the child, but are able to contribute to the
22person's support or the child's maintenance, the court shall direct a sum to be paid
23weekly or monthly by each relative in proportion to ability. Contributions directed
24by court order, if for less than full support, shall be paid to the department
of health
25and social services and distributed as required by state and federal law. An order
1under this subsection that relates to maintenance required under sub. (1) (a) 2. shall
2specifically assign responsibility for and direct the manner of payment of the child's
3health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon
4application of any party affected by the order and upon like notice and procedure, the
5court may modify such an order. Obedience to such an order may be enforced by
6proceedings for contempt.
AB150-engrossed,1043,148
49.90
(6) If any relative who has been ordered to maintain an institutionalized
9dependent person or an institutionalized child of a dependent person under 18 years
10of age neglects to do as ordered, the authorities in charge of the dependent or child
11or in charge of the institution may recover in an action on behalf of the
general relief
12agency or institution for
general relief or support accorded the dependent person or
13child against such relative
the sum prescribed for each week while the order was
14disobeyed
and up to the time of judgment, with costs.
AB150-engrossed, s. 3220
15Section
3220
. 49.95 (4m) (a) of the statutes, as affected by 1995 Wisconsin Act
16.... (this act), is amended to read:
AB150-engrossed,1043,2217
49.95
(4m) (a) Without legal authority, sends or brings a person to a county,
18tribal governing body or municipality or advises a person to go to a county, tribal
19governing body or municipality for the purpose of obtaining relief funded by a relief
20block grant, aid to families with dependent children under s. 49.19, medical
21assistance under
ss. 49.45 to 49.47 subch. IV or food stamps under
7 USC 2011 to
222029.
AB150-engrossed,1044,624
50.01
(1d) "Assisted living facility" means a place where 5 or more adults reside
25that consists of independent apartments, each of which has an individual lockable
1entrance and exit, a kitchen, including a stove, and individual bathroom, sleeping
2and living areas, and that provides, to a person who resides in the place, not more
3than 28 hours per week of services that are supportive, personal and nursing
4services. "Assisted living facility" does not include a nursing home or a
5community-based residential facility, but may be physically part of a structure that
6is a nursing home or community-based residential facility.
AB150-engrossed,1044,88
50.01
(1g) (f) An assisted living facility.
AB150-engrossed,1044,1010
50.01
(3) (e) An assisted living facility.
AB150-engrossed,1045,212
50.02
(1) Departmental authority. The department may provide uniform,
13statewide licensing, inspection and regulation of community-based residential
14facilities and nursing homes as provided in this subchapter. The department shall
15certify, inspect and otherwise regulate adult family homes, as specified under s.
1650.032 and shall license adult family homes, as specified under s. 50.033. Nothing
17in this subchapter may be construed to limit the authority of the department of
18industry, labor and human relations development or of municipalities to set
19standards of building safety and hygiene, but any local orders of municipalities shall
20be consistent with uniform, statewide regulation of community-based residential
21facilities. The department may not prohibit any nursing home from distributing
22over-the-counter drugs from bulk supply. The department may consult with
23nursing homes as needed and may provide specialized consultations when requested
24by any nursing home, separate from its inspection process, to scrutinize any
1particular questions the nursing home raises. The department shall, by rule, define
2"specialized consultation".
AB150-engrossed,1045,164
50.02
(2) (a) The department, by rule, shall develop, establish and enforce
5regulations and standards for the care, treatment, health, safety, rights, welfare and
6comfort of residents in community-based residential facilities and nursing homes
7and for the construction, general hygiene, maintenance and operation of those
8facilities which, in the light of advancing knowledge, will promote safe and adequate
9accommodation, care and treatment of residents in those facilities; and promulgate
10and enforce rules consistent with this section. Such standards and rules shall
11provide that intermediate care facilities, which have 16 or fewer beds may, if
12exempted from meeting certain physical plant, staffing and other requirements of
13the federal regulations, be exempted from meeting the corresponding provisions of
14the department's standards and rules. The department shall consult with the
15department of
industry, labor and human relations
development when developing
16exemptions relating to physical plant requirements.
AB150-engrossed, s. 3225
17Section
3225. 50.02 (2) (b) of the statutes is renumbered 50.02 (2) (b) 1. and
18amended to read:
AB150-engrossed,1045,2319
50.02
(2) (b) 1. The department
may
shall conduct plan reviews of all capital
20construction and remodeling of nursing homes
to ensure that the plans comply with
21building code requirements under ch. 101 and with life safety code and physical plant
22requirements under s. 49.498, this chapter or under rules promulgated under this
23chapter.