AB100-ASA1,848,19
1849.775 Payments for the support of children of supplemental security
19income recipients. (1) Definitions. In this section:
AB100-ASA1,848,2020
(a) "Custodial parent" has the meaning given in s. 49.141 (1) (b).
AB100-ASA1,848,2121
(b) "Dependent child" has the meaning given in s. 49.141 (1) (c).
AB100-ASA1,848,25
22(2) Supplemental payments. Subject to sub. (3), from the appropriations under
23s. 20.435 (7) (ed) and (ky), the department shall make a monthly payment of $77 to
24a custodial parent for the support of each dependent child of the custodial parent if
25all of the following conditions are met:
AB100-ASA1,849,2
1(a) The custodial parent is a recipient of supplemental security income under
242 USC 1381 to
1383c or of state supplemental payments under s. 49.77, or both.
AB100-ASA1,849,53
(b) If the dependent child has 2 custodial parents, each custodial parent
4receives supplemental security income under
42 USC 1381 to
1383c or state
5supplemental payments under s. 49.77, or both.
AB100-ASA1,849,96
(c) The dependent child of the custodian parent meets the eligibility criteria
7under the aid to families with dependent children program under s. 49.19 (1) to (19)
8or would meet the eligibility criteria under s. 49.19 but for the application of s. 49.19
9(20).
AB100-ASA1,849,1110
(d) The dependent child does not receive supplemental security income under
1142 USC 1381 to
1383d.
AB100-ASA1,849,1212
(e) The custodial parent meets any of the following conditions:
AB100-ASA1,849,1513
1. The custodial parent is ineligible for aid under s. 49.19 solely because he or
14she receives supplemental security income under
42 USC 1381 to
1383c or state
15supplemental payments under s. 49.77.
AB100-ASA1,849,1816
2. The custodial parent is ineligible for a Wisconsin works employment
17position, as defined under s. 49.141 (1) (r), solely because of the application of s.
1849.145 (2) (i).
AB100-ASA1,849,21
19(3) Two-parent families. In the case of a dependent child who has 2 custodial
20parents, the department may not make more than one $77 payment per month for
21the support of that dependent child.
AB100-ASA1,850,1024
49.855
(1) If a person obligated to provide child support
, family support or
25maintenance is delinquent in making court-ordered payments, or owes an
1outstanding amount that has been ordered by the court for past support, medical
2expenses or birth expenses,
the clerk of circuit court or county support collection
3designee under s. 59.53 (5m), whichever is appropriate, upon application
of the
4county designee under s. 59.53 (5)
or the department of workforce development
, shall
5certify the delinquent payment or outstanding amount to the department of
6workforce development. (2) At least annually, the department of workforce
7development revenue and, at least annually, shall provide to the department of
8revenue
the certifications that it receives under sub. (1) and any certifications of
9delinquencies or outstanding amounts that it receives from another state because
10the obligor resides in this state.
AB100-ASA1,851,712
49.855
(3) Receipt of a certification by the department of revenue shall
13constitute a lien, equal to the amount certified, on any state tax refunds or credits
14owed to the obligor. The lien shall be foreclosed by the department of revenue as a
15setoff under s. 71.93 (3), (6) and (7). When the department of revenue determines
16that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
17obligor that the state intends to reduce any state tax refund or credit due the obligor
18by the amount the obligor is delinquent under the support or maintenance order, by
19the outstanding amount for past support, medical expenses or birth expenses under
20the court order or by the amount due under s. 46.10 (4). The notice shall provide that
21within 20 days the obligor may request a hearing before the circuit court rendering
22the order. Within 10 days after receiving a request for hearing under this subsection,
23the court shall set the matter for hearing. Pending further order by the court or
24family court commissioner, the clerk of circuit court or county support collection
25designee under s.
59.07 (97m) 59.53 (5m) is prohibited from disbursing the obligor's
1state tax refund or credit. The family court commissioner may conduct the hearing.
2The sole issues at that hearing shall be whether the obligor owes the amount certified
3and, if not and it is a support or maintenance order, whether the money withheld
4from a tax refund or credit shall be paid to the obligor or held for future support or
5maintenance. An obligor may, within 20 days of receiving notice that the amount
6certified shall be withheld from his or her federal tax refund or credit, request a
7hearing under this subsection.
AB100-ASA1, s. 1992m
8Section 1992m. 49.855 (3) of the statutes, as affected by 1997 Wisconsin Act
9.... (this act), is amended to read:
AB100-ASA1,852,610
49.855
(3) Receipt of a certification by the department of revenue shall
11constitute a lien, equal to the amount certified, on any state tax refunds or credits
12owed to the obligor. The lien shall be foreclosed by the department of revenue as a
13setoff under s. 71.93 (3), (6) and (7). When the department of revenue determines
14that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
15obligor that the state intends to reduce any state tax refund or credit due the obligor
16by the amount the obligor is delinquent under the support or maintenance order, by
17the outstanding amount for past support, medical expenses or birth expenses under
18the court order or by the amount due under s. 46.10 (4). The notice shall provide that
19within 20 days the obligor may request a hearing before the circuit court rendering
20the order. Within 10 days after receiving a request for hearing under this subsection,
21the court shall set the matter for hearing. Pending further order by the court or
22family court commissioner, the
clerk of circuit court or county support collection
23designee under s. 59.53 (5m) department of workforce development or its designee,
24whichever is appropriate, is prohibited from disbursing the obligor's state tax refund
25or credit. The family court commissioner may conduct the hearing. The sole issues
1at that hearing shall be whether the obligor owes the amount certified and, if not and
2it is a support or maintenance order, whether the money withheld from a tax refund
3or credit shall be paid to the obligor or held for future support or maintenance. An
4obligor may, within 20 days of receiving notice that the amount certified shall be
5withheld from his or her federal tax refund or credit, request a hearing under this
6subsection.
AB100-ASA1,852,259
49.855
(4) The department of revenue shall send that portion of any state or
10federal tax refunds or credits withheld for delinquent child support or maintenance
11or past support, medical expenses or birth expenses to the department of workforce
12development
or its designee for distribution to the
appropriate clerk of circuit court
13or county support collection designee under s. 59.53 (5m) obligee. The department
14of workforce development shall make a settlement at least annually with the
15department of revenue
and with each clerk of circuit court or county support
16collection designee under s. 59.53 (5m) who has certified a delinquent obligation or
17outstanding amount for past support, medical expenses or birth expenses. The
18settlement shall state the amounts certified, the amounts deducted from tax refunds
19and credits
and returned to the clerk of circuit court or county support collection
20designee under s. 59.53 (5m) and the administrative costs incurred by the
21department of revenue.
The department of workforce development may charge the
22county whose clerk of circuit court or support collection designee under s. 59.53 (5m)
23certified the obligation or outstanding amount the related administrative costs
24incurred by the department of workforce development and the department of
25revenue.
AB100-ASA1,853,252
49.855
(4m) (b) The department of revenue may provide a certification that it
3receives under sub. (2) or (2m) to the department of administration. Upon receipt
4of the certification, the department of administration shall determine whether the
5obligor is a vendor or is receiving any other payments from this state, except for
6wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1),
7this chapter or ch. 46 or 108.If the department of administration determines that the
8obligor is a vendor or is receiving payments from this state, except for wages,
9retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this
10chapter or ch. 46 or 108, it shall begin to withhold the amount certified from those
11payments and shall notify the obligor that the state intends to reduce any payments
12due the obligor by the amount the obligor is delinquent under the support or
13maintenance order, by the outstanding amount for past support, medical expenses
14or birth expenses under the court order or by the amount due under s. 46.10 (4). The
15notice shall provide that within 20 days after receipt of the notice the obligor may
16request a hearing before the circuit court rendering the order. An obligor may, within
1720 days after receiving notice, request a hearing under this paragraph. Within 10
18days after receiving a request for hearing under this paragraph, the court shall set
19the matter for hearing. The family court commissioner may conduct the hearing.
20Pending further order by the court or family court commissioner, the clerk of circuit
21court or county support collection designee under s.
59.07 (97m) 59.53 (5m) may not
22disburse the payments withheld from the obligor. The sole issues at the hearing are
23whether the obligor owes the amount certified and, if not and it is a support or
24maintenance order, whether the money withheld shall be paid to the obligor or held
25for future support or maintenance.
AB100-ASA1, s. 1995m
1Section 1995m. 49.855 (4m) (b) of the statutes, as affected by 1997 Wisconsin
2Act .... (this act), is amended to read:
AB100-ASA1,855,23
49.855
(4m) (b) The department of revenue may provide a certification that it
4receives under sub.
(2) (1) or (2m) to the department of administration. Upon receipt
5of the certification, the department of administration shall determine whether the
6obligor is a vendor or is receiving any other payments from this state, except for
7wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1),
8this chapter or ch. 46 or 108.If the department of administration determines that the
9obligor is a vendor or is receiving payments from this state, except for wages,
10retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this
11chapter or ch. 46 or 108, it shall begin to withhold the amount certified from those
12payments and shall notify the obligor that the state intends to reduce any payments
13due the obligor by the amount the obligor is delinquent under the support or
14maintenance order, by the outstanding amount for past support, medical expenses
15or birth expenses under the court order or by the amount due under s. 46.10 (4). The
16notice shall provide that within 20 days after receipt of the notice the obligor may
17request a hearing before the circuit court rendering the order. An obligor may, within
1820 days after receiving notice, request a hearing under this paragraph. Within 10
19days after receiving a request for hearing under this paragraph, the court shall set
20the matter for hearing. The family court commissioner may conduct the hearing.
21Pending further order by the court or family court commissioner, the
clerk of circuit
22court or county support collection designee under s. 59.53 (5m)
department of
23workforce development or its designee, whichever is appropriate, may not disburse
24the payments withheld from the obligor. The sole issues at the hearing are whether
25the obligor owes the amount certified and, if not and it is a support or maintenance
1order, whether the money withheld shall be paid to the obligor or held for future
2support or maintenance.
AB100-ASA1,855,145
49.855
(4m) (c) Except as provided by order of the court after hearing under
6par. (b), the department of administration shall continue withholding until the
7amount certified is recovered in full. The department of administration shall
8transfer the amounts withheld under this paragraph to the department of workforce
9development
for distribution to the appropriate clerk of court, county support
10collection designee under s. 59.53 (5m) or its designee or department of health and
11family services, whichever is appropriate
. The department of workforce
12development or its designee shall distribute amounts withheld for delinquent child
13or family support or maintenance or past support, medical expenses or birth
14expenses to the obligee.
AB100-ASA1,855,2517
49.855
(5) Certification of an obligation to the department of
workforce
18development revenue does not deprive any party of the right to collect the obligation
19or to prosecute the obligor. The
clerk of court or county support collection designee
20under s. 59.53 (5m), whichever is appropriate, department of workforce development
21or its designee shall immediately notify the department of
workforce development 22revenue of any collection of an obligation that has been certified
by the clerk of court
23or county support collection designee under s. 59.53 (5m). The department of
24workforce development shall correct the certified obligation according to the amount
25the county has collected and report the correction to the department of revenue.
AB100-ASA1,856,42
49.855
(6) If the state implements the child and spousal support and paternity
3program under
s. ss. 49.22 and 59.53 (5), the state may act under this section in place
4of the county
designee child support agency under s.
59.07 (97) 59.53 (5).
AB100-ASA1,856,127
49.855
(7) The department of workforce development may provide a
8certification under sub. (1) to a state agency or authority under s. 21.49 (2) (e), 36.11
9(6) (b), 36.25 (14), 36.34 (1), 39.30 (2) (e), 39.38 (2), 39.435 (6), 39.44 (4), 39.47 (2m),
1045.351 (2) (c), 45.356 (6), 45.396 (6), 45.74 (6), 145.245 (5m) (b), 234.04 (2), 234.49 (1)
11(c), 234.59 (3) (c), 234.65 (3) (f),
234.83 (2) (a) 3., 234.90 (3) (d) or (3g) (c), 234.905 (3)
12(d), 281.65 (8) (L) or 949.08 (2) (g).
AB100-ASA1,856,2315
49.90
(2g) In addition to the remedy specified in sub. (2), upon failure of a
16grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who
17is or may be required to provide maintenance under sub. (1) (a) 2., a child of a
18dependent minor or the child's parent may apply to the circuit court for the county
19in which the child resides for an order to compel the provision of maintenance. A
20county department under s. 46.215, 46.22 or 46.23, a county child support agency
21under s. 59.53 (5) or the department of workforce development may initiate an action
22to obtain maintenance of the child by the child's grandparent under sub. (1) (a) 2.,
23regardless of whether the child receives public assistance.
AB100-ASA1,857,6
149.96 Assistance grants exempt from levy. All grants of aid to families with
2dependent children, payments made under ss. 48.57 (3m)
or
, 49.148 (1) (b)
1. or (c)
3or (1m) or 49. 149 to 49.159, payments made for social services, cash benefits paid
4by counties under s. 59.53 (21), and benefits under s. 49.77 or federal Title XVI, are
5exempt from every tax, and from execution, garnishment, attachment and every
6other process and shall be inalienable.
AB100-ASA1,857,148
50.03
(1m) Distinct part or separate licensure for institutions for mental
9diseases. Upon application to the department, the department may approve
10licensure of the operation of a nursing home or a distinct part of a nursing home as
11an institution for mental diseases, as defined under
42 CFR 435.1009. Conditions
12and procedures for application for, approval of
,
and operation under
and renewal of 13licensure under this subsection shall be established in rules promulgated by the
14department.
AB100-ASA1,857,2116
50.03
(2) (d) Any holder of a license or applicant for a license shall be deemed
17to have given consent to any authorized officer, employe or agent of the department
18to enter and inspect the facility in accordance with this subsection. Refusal to permit
19such entry or inspection shall constitute grounds for
initial licensure denial,
20nonrenewal as provided in sub. (4), or suspension or revocation of license
, as provided
21in sub. (5).
AB100-ASA1,858,223
50.03
(3) (b) (intro.) The application for a license
or a license renewal and the
24report of a licensee shall be in writing upon forms provided by the department and
1shall contain such information as the department requires, including the name,
2address and type and extent of interest of each of the following persons:
AB100-ASA1,858,64
50.03
(3) (f) Community-based residential facilities
applying for renewal of 5license shall report all formal complaints regarding their operation filed under sub.
6(2) (f) and the disposition of each
when reporting under sub. (4) (c) 1.
AB100-ASA1,859,28
50.03
(4) (a) 1. b. Except as provided in sub. (4m) (b), the department shall issue
9a license for a community-based residential facility if it finds the applicant to be fit
10and qualified, if it finds that the community-based residential facility meets the
11requirements established by this subchapter and if the community-based
12residential facility has paid the license fee under s. 50.037 (2) (a). In determining
13whether to issue a license for a community-based residential facility, the department
14may consider any action by the applicant or by an employe of the applicant that
15constitutes a substantial failure by the applicant or employe to protect and promote
16the health, safety or welfare of a resident. The department may deny licensure to
17or
not renew revoke licensure for any person who conducted, maintained, operated
18or permitted to be maintained or operated a community-based residential facility for
19which licensure was revoked. The department, or its designee, shall make such
20inspections and investigations as are necessary to determine the conditions existing
21in each case and shall file written reports.
Before renewing the license of any In
22reviewing the report of a community-based residential facility
that is required to be
23submitted under par. (c) 1., the department shall consider all complaints filed under
24sub. (2) (f)
during the current license period since initial license issuance or since the
1last review, whichever is later, and the disposition of each. The department shall
2promulgate rules defining "fit and qualified" for the purposes of this subd. 1. b.
AB100-ASA1,859,84
50.03
(4) (a) 2. The past record of violations of applicable laws and regulations
5of the United States or of this or any other state, in the operation of a residential or
6health care facility, or in any other health-related activity by any of the persons
7listed in sub. (3) (b) shall be relevant to the issue of the fitness of an applicant for
8issuance or renewal of a license.
AB100-ASA1,859,2410
50.03
(4) (c) 1.
Unless sooner A community-based residential facility license
11is valid until it is revoked or suspended
, a community-based residential facility
12license is valid for 24 months. At least 30 days prior to license expiration, the
13applicant under this section. Every 24 months, on a schedule determined by the
14department, a community-based residential facility licensee shall submit a biennial
15report
and application for renewal of the license in the form and containing the
16information that the department requires
. If the report and application are
17approved, the license shall be renewed for an additional 24-month period. If the
18application for renewal and, including payment of the fees required under s. 50.037
19(2) (a). If a complete
annual biennial report
are is not timely filed, the department
20shall issue a warning to the licensee.
Failure to make application for renewal within
2130 days after receipt of the warning is grounds for nonrenewal of the license. The
22department may revoke a community-based residential facility license for failure to
23timely and completely report within 60 days after the report date established under
24the schedule determined by the department.
AB100-ASA1,860,16
150.03
(4) (c) 2.
Unless sooner revoked or suspended, a A nursing home license
2is valid
for 12 months, but may be issued to a new licensee for less than 12 months
3to coincide with the date of federal medical assistance certification as a skilled
4nursing facility or intermediate care facility. At least 120 days but not more than 150
5days prior to license expiration, the applicant until it is revoked or suspended under
6this section. Every 12 months, on a schedule determined by the department, a
7nursing home licensee shall submit
an annual
a report
and application for renewal
8of the license in the form and containing the information that the department
9requires
. If the report and application are approved, the license shall be renewed for
10an additional 12-month period. If the application for renewal and
, including
11payment of the fee required under s. 50.135 (2) (a). If a complete
annual report
are 12is not timely filed, the department shall issue a warning to the licensee.
Failure to
13make application for renewal within 30 days after receipt of the warning is grounds
14for nonrenewal of the license. The department may revoke a nursing home license
15for failure to timely and completely report within 60 days after the report date
16established under the schedule determined by the department.
AB100-ASA1,860,2518
50.03
(4) (e) Each license shall be issued only for the premises and persons
19named in the application and
shall not be is not transferable or assignable. The
20license shall be posted in a place readily visible to residents and visitors, such as the
21lobby or reception area of the facility. Any license granted shall state the maximum
22bed capacity allowed, the person to whom the license is granted, the date
, the
23expiration date of issuance, the maximum level of care for which the facility is
24licensed as a condition of its licensure and such additional information and special
25conditions as the department may prescribe.
AB100-ASA1,861,52
50.03
(4) (f) The issuance or
renewal
continuance of a license after notice of a
3violation has been sent shall not constitute a waiver by the department of its power
4to rely on the violation as the basis for subsequent license revocation or other
5enforcement action under this subchapter arising out of the notice of violation.
AB100-ASA1,861,87
50.03
(5) (title)
Nonrenewal Suspension and revocation of nursing home
8licenses.
AB100-ASA1,861,1610
50.03
(5) (a)
Power of department. The department, after notice to a nursing
11home applicant or licensee, may suspend
, or revoke
or refuse to renew a license in
12any case in which the department finds that the nursing home has substantially
13failed to comply with the applicable requirements of this subchapter and the rules
14promulgated under this subchapter. No state or federal funds passing through the
15state treasury may be paid to a nursing home that does not have a valid license issued
16under this section.
AB100-ASA1,861,2118
50.03
(5) (b)
Form of notice. Notice under this subsection shall include a clear
19and concise statement of the violations on which the
nonrenewal or revocation is
20based, the statute or rule violated and notice of the opportunity for an evidentiary
21hearing under par. (c).
AB100-ASA1,862,323
50.03
(5) (c) (title)
Contest of nonrenewal or revocation. If a nursing home
24desires to contest the
nonrenewal or revocation of a license, the nursing home shall,
25within 10 days after receipt of notice under par. (b), notify the department in writing
1of its request for a hearing under s. 227.44. The department shall hold the hearing
2within 30 days of receipt of such notice and shall send notice to the nursing home of
3the hearing as provided under s. 227.44 (2).
AB100-ASA1,862,55
50.03
(5) (d) (title)
Effective date of
nonrenewal or revocation.
AB100-ASA1,862,108
50.03
(5) (d) 3. The department may extend the effective date of license
9revocation
or expiration in any case in order to permit orderly removal and relocation
10of residents of the nursing home.
AB100-ASA1,862,1312
50.03
(5g) (c) 3.
Refusal to renew licensure or revocation Revocation of
13licensure, as specified in pars. (d) to (g).
AB100-ASA1, s. 1607
14Section
1607. 50.03 (5g) (d) (intro.) of the statutes is amended to read:
AB100-ASA1,862,1615
50.03
(5g) (d) (intro.) Under the procedure specified in par. (e), the department
16may revoke
or refuse to renew a license for a licensee for any of the following reasons:
AB100-ASA1,863,218
50.03
(5g) (e) 1. The department may revoke
or refuse to renew a license for
19a licensee for the reason specified in par. (d) 1.
, 2., 3. or 4.
and may refuse to renew
20a license for a licensee for the reason specified in par. (d) 1., 2. or 3. if the department
21provides the licensee with written notice of revocation
or nonrenewal, the grounds
22for the revocation
or nonrenewal and an explanation of the process for appealing the
23revocation
or nonrenewal, at least 30 days before the date of revocation
or license
24expiration. The department may revoke
or refuse to renew the license only if the
1violation remains substantially uncorrected on the date of revocation or license
2expiration.
AB100-ASA1,863,104
50.03
(5g) (f) If a community-based residential facility desires to contest the
5nonrenewal or revocation of a license or to contest the imposing of a sanction under
6this subsection, the community-based residential facility shall, within 10 days after
7receipt of notice under par. (e), notify the department in writing of its request for a
8hearing under s. 227.44. The department shall hold the hearing within 30 days after
9receipt of such notice and shall send notice to the community-based residential
10facility of the hearing as provided under s. 227.44 (2).
AB100-ASA1,863,1513
50.03
(5g) (g) 3. The department may extend the effective date of license
14revocation
or expiration in any case in order to permit orderly removal and relocation
15of residents.
AB100-ASA1,863,1817
50.03
(5m) (a) 2. The department has suspended
, or revoked
or refused to
18renew the existing license of the facility as provided under sub. (5).
AB100-ASA1,863,2320
50.03
(5m) (a) 3. The department has initiated revocation
or nonrenewal 21procedures under sub. (5) and has determined that the lives, health, safety, or
22welfare of the resident cannot be adequately assured pending a full hearing on
23license
nonrenewal or revocation under sub. (5).
AB100-ASA1,864,6
150.032
(2) Regulation. Standards for operation of certified adult family homes
2and procedures for application for certification, monitoring, inspection,
3decertification and appeal of decertification
under this section shall be under rules
4promulgated by the department under s. 50.02 (2) (am) 1.
An adult family home
5certification is valid until decertified under this section. Certification
shall be for a
6term not to exceed 12 months from the date of issuance and is not transferable.
AB100-ASA1,864,158
50.032
(2r) Reporting. Every 12 months, on a schedule determined by the
9department, a certified adult family home shall submit an annual report in the form
10and containing the information that the department requires, including payment of
11a fee, if any is required under rules promulgated under s. 50.02 (2) (am) 1. If a
12complete annual report is not timely filed, the department shall issue a warning to
13the operator of the certified adult family home. The department may decertify a
14certified adult family home for failure to timely and completely report within 60 days
15after the report date established under the schedule determined by the department.