AB100-engrossed,895,18
15(2) The department shall distribute the payments under sub. (1) in accordance
16with a formula developed by the department in consultation with representatives of
17counties. The total of payments made to counties under sub. (1) and in federal child
18support incentive payments may not exceed $10,500,000 in a state fiscal year.
AB100-engrossed,895,20
19(3) A county that receives payment under sub. (1) may use the funds only to
20pay costs under its child support program under s. 49.22.
AB100-engrossed, s. 1882n
21Section 1882n. 49.24 (1) of the statutes, as created by 1997 Wisconsin Act ....
22(this act), is amended to read:
AB100-engrossed,896,223
49.24
(1) From the appropriation under s. 20.445 (3)
(g) (k), the department
24shall provide child support incentive payments to counties to offset reduced federal
1child support incentive payments. Total payments under this subsection may not
2exceed $3,178,000 in fiscal year 1997-98 or $3,850,000 in fiscal year 1998-99.
AB100-engrossed,896,104
49.25
(7) (a) The department shall contract with the county department under
5s. 46.215, 46.22 or 46.23 to provide education on parenting, human growth and
6development, family planning
, as defined in s. 253.07 (1) (a), and independent living
7skills and
to provide employment-related training to persons subject to the program
8under this section and to persons subject to orders under s. 767.078 (1) (d). The
9county department may contract with other agencies for the provision of these
10services.
AB100-engrossed,896,1412
49.26
(1) (a) 2. d. A course of study meeting the standards established by the
13secretary of education state superintendent of public instruction under s. 115.29 (4)
14for the granting of a declaration of equivalency of high school graduation.
AB100-engrossed,896,1816
49.26
(1) (c) A county department
or Wisconsin works agency may provide
17services under this subsection directly or may contract with a nonprofit agency or a
18school district to provide the services.
AB100-engrossed,897,421
49.26
(1) (d) A county department
or Wisconsin works agency that provides
22services under this subsection directly shall develop a plan, in coordination with the
23school districts located in whole or in part in the county, describing the assistance
24that the county department
or Wisconsin works agency and school districts will
25provide to individuals receiving services under this subsection, the number of
1individuals that will be served and the estimated cost of the services. The county
2department
or Wisconsin works agency shall submit the plan to the department of
3workforce development and the department of public instruction by
August January 415, annually.
AB100-engrossed,897,156
49.26
(1) (e) For an individual who is a recipient of aid under s. 49.19, or whose
7custodial parent is a participant under s. 49.147 (3) to (5), who is the parent with
8whom a dependent child lives and who is
either subject to the school attendance
9requirement under par. (ge)
or is under 20 years of age and wants to attend school,
10the department shall make a monthly payment to the individual or the child care
11provider for the month's child care costs in an amount based on need with the
12maximum amount per child equal to the lesser of the actual cost of the care or the
13rate established under s. 49.155 (6) if the individual demonstrates the need to
14purchase child care services in order to attend school and those services are available
15from a child care provider.
AB100-engrossed,897,2017
49.26
(1) (g) 1. Before the first day of the fall 1994 school term, as defined in
18s. 115.001 (12), the individual is 13 to
19 17 years of age. Beginning on the first day
19of the fall 1997 school term, as defined in s. 115.001 (12), the individual is 6 to
19 17 20years of age.
AB100-engrossed, s. 1887d
21Section 1887d. 49.26 (1) (ge) (intro.) and 1. of the statutes are consolidated,
22renumbered 49.26 (1) (ge) and amended to read:
AB100-engrossed,898,223
49.26
(1) (ge) An individual
who is subject to this paragraph fails to meet the
24school attendance requirement if the individual
meets at least one of the following
25conditions: 1. The individual is either is not enrolled in school or
is a habitual truant
1was not enrolled in the immediately preceding semester. The Wisconsin works
2agency or county department shall verify enrollment.
AB100-engrossed,898,86
49.26
(1) (gm) 1. The following individuals who are subject to the school
7attendance requirement under the learnfare program are required to participate in
8case management under sub. (2) (b):
AB100-engrossed,898,1010
b. Habitual truants.
AB100-engrossed,898,1311
c. Dropouts, as defined in s. 118.153 (1) (b), including individuals who were
12dropouts and reenrolled in school in the same or immediately succeeding semester
13in which they dropped out of school.
AB100-engrossed,898,1614
2. The department may, in accordance with rules promulgated by the
15department, sanction any individual specified under subd. 1. who fails to cooperate
16with case management efforts.
AB100-engrossed,898,2118
49.26
(1) (h) 1. (intro.) An individual who
is 6 to 12 years of age and who fails
19to
meet the school attendance requirement under par. (ge) cooperate with case
20management efforts under par. (gm) is subject to sanctions as provided under subd.
211s. only if all of the following apply:
AB100-engrossed,899,7
149.26
(1) (h) 1. as. The individual has failed to request a hearing
under s. 49.21
2(1) or has failed to show good cause for
the absences or nonenrollment under subd.
31. am. not cooperating with case management efforts in a hearing
under s. 49.21 (1).
4If the individual is a recipient of aid under s. 49.19, the hearing shall be requested
5and held under s. 49.21 (1). If the individual is a member of a Wisconsin works group,
6as defined in s. 49.141 (1) (s), the hearing shall be requested and held under s. 49.152.
7The department shall determine by rule the criteria for good cause.
AB100-engrossed,899,2411
49.26
(2) (b)
From the appropriation under s. 20.445 (3) (dg), the department
12shall allocate funds to county County departments
for the provision of or Wisconsin
13works agencies shall provide case management services to individuals who are
14subject to the school attendance requirement under the learnfare program under
15sub. (1) and their families to improve the school attendance and achievement of those
16individuals.
At least 75% of the funds that the department allocates under this
17paragraph to provide case management services to individuals who are 13 to 19 years
18of age shall be allocated to a county department of a county with a population of
19500,000 or more. A county department is eligible to receive funds under this
20subsection to provide case management services to individuals who are 13 to 19 years
21of age in a year if 35 or more individuals, 13 to 19 years of age, residing in the county
22were sanctioned under sub. (1) (h) or were subject to the monthly attendance
23requirement under s. HSS 201.195 (4) (b) 2., Wis. adm. code, in any month during the
24previous year.
AB100-engrossed,900,7
149.27
(5) (e) 5. A person in need of a high school diploma shall be assigned to
2a course of study meeting the standards established by the
secretary of education 3state superintendent of public instruction for the granting of a declaration of
4equivalency of high school graduation unless the person demonstrates a basic
5literacy level or the employability plan for the individual identifies a long-term
6employment goal that does not require a high school diploma or a declaration of
7equivalency.
AB100-engrossed,900,1110
49.27
(11) (i) Provide transitional child care services under sub. (6)
, and shelter
11payments under sub. (7)
and transitional medical assistance coverage under sub. (8).
AB100-engrossed,900,2113
49.30
(2) The state From the appropriation under s. 20.445 (3) (dz), the
14department shall reimburse a county or applicable tribal governing body or
15organization for any amount that the county or applicable tribal governing body or
16organization is required to pay under sub. (1).
The state From the appropriation
17under s. 20.445 (3) (dz), the department shall reimburse a county or applicable tribal
18governing body or organization for cemetery expenses or for funeral and burial
19expenses for persons described under sub. (1) that the county or applicable tribal
20governing body or organization is not required to pay under subs. (1) and (1m) only
21if the department approves the reimbursement due to unusual circumstances.
AB100-engrossed,901,723
49.32
(8) Periodic earnings check by department. The department shall make
24a periodic check of the amounts earned by recipients of aid to families with dependent
25children under s. 49.19
and by participants under Wisconsin works under ss. 49.141
1to 49.161 through a check of the amounts credited to the recipient's social security
2number. The department shall make an investigation into any discrepancy between
3the amounts credited to a social security number and amounts reported as income
4on the declaration application and take appropriate action under s. 49.95 when
5warranted. The department shall use the state wage reporting system under
1985
6Wisconsin Act 17, section
65 (1), when the system is implemented, to make periodic
7earnings checks.
AB100-engrossed,901,199
49.32
(9) (a) Each county department under s. 46.215, 46.22 or 46.23
10administering aid to families with dependent children shall maintain a monthly
11report at its office showing the names of all persons receiving
such aid
to families
12with dependent children together with the amount paid during the preceding month.
13Each Wisconsin works agency administering Wisconsin works under ss. 49.141 to
1449.161 shall maintain a monthly report at its office showing the names
and addresses 15of all persons receiving benefits under s. 49.148 together with the amount paid
16during the preceding month. Nothing in this paragraph shall be construed to
17authorize or require the disclosure in the report of any information (names, amounts
18of aid or otherwise) pertaining to adoptions, or aid furnished for the care of children
19in foster homes or treatment foster homes under s.
42.261 46.261 or 49.19 (10).
AB100-engrossed,902,2021
49.32
(9) (b) The report under par. (a) shall be open to public inspection at all
22times during regular office hours and may be destroyed after the next succeeding
23report becomes available. Any person except any public officer, seeking permission
24to inspect such report shall be required to prove his or her identity and to sign a
25statement setting forth his or her address and the reasons for making the request
1and indicating that he or she understands the provisions of par. (c) with respect to
2the use of the information obtained. The use of a fictitious name is a violation of this
3section.
or Wisconsin works agency Within 7 days after the record is inspected, or
4on the next regularly scheduled communication with that person, whichever is
5sooner, the
county department
or Wisconsin works agency shall notify each person
6whose name and amount of aid was inspected that the record was inspected and of
7the name and address of the person making such inspection. County departments
8under ss. 46.215
and, 46.22
and 46.23 administering aid to families with dependent
9children
and Wisconsin works agencies administering Wisconsin works under ss.
1049.141 to 49.161 may withhold the right to inspect the name of and amount paid to
11recipients from private individuals who are not inspecting this information for
12purposes related to public, educational, organizational, governmental or research
13purposes until the person whose record is to be inspected is notified by the county
14department
or Wisconsin works agency, but in no case may the
county department
15or Wisconsin works agency withhold this information for more than 5 working days.
16The county department or Wisconsin works agency shall keep a record of such
17requests. The record shall indicate the name, address, employer and telephone
18number of the person making the request. If the person refuses to provide his or her
19name, address, employer and telephone number, the request to inspect this
20information may be denied.
AB100-engrossed,903,222
49.32
(10) (a) (intro.) Each county department under s. 46.215
or, 46.22
or 46.23 23may release the current address of a recipient of
food stamps or of aid under s. 49.19,
24and each Wisconsin works agency may release the current address of a participant
25in Wisconsin works under ss. 49.141 to 49.161
or, if administering the food stamp
1program, of a food stamp recipient, to a law enforcement officer if the officer meets
2all of the following conditions:
AB100-engrossed,903,54
49.32
(10) (a) 1. The officer provides, in writing, the name
and social security
5number of the recipient
or participant.
AB100-engrossed,903,107
49.32
(10) (a) 2. a. That the recipient
or participant is a fugitive felon under
42
8USC 602 608 (a) (9)
, is violating a condition of probation or parole imposed under
9state or federal law or has information that is necessary for the officer to conduct the
10official duties of the officer.
AB100-engrossed,903,1312
49.32
(10) (a) 2. b. That the location or apprehension of the
felon recipient or
13participant under subd. 2. a. is within the official duties of the officer.
AB100-engrossed,903,2315
49.33
(2) Contracts. County departments under ss. 46.215, 46.22 and 46.23
16shall annually enter into a contract with the department detailing the reasonable
17cost of administering the income maintenance programs and the food stamp program
18under
7 USC 2011 to
2029 when so appointed by the department. Contracts created
19under this section control the distribution of payments under s. 20.445 (3)
(de) (dz),
20(md) and (nL) in accordance with the reimbursement method established under sub.
21(8). The department may reduce its payment to any county under s. 20.445 (3)
(de) 22(dz), (md) and (nL) if federal reimbursement is withheld due to audits, quality control
23samples or program reviews.
AB100-engrossed,904,7
149.33
(8) (a) The department shall reimburse each county for reasonable costs
2of income maintenance relating to the administration of the programs under this
3subchapter and subch. IV according to a formula based on workload within the limits
4of available state and federal funds under s. 20.445 (3)
(de), (dz)
, (md) and (nL) by
5contract under s. 49.33 (2). The amount of reimbursement calculated under this
6paragraph and par. (b) is in addition to any reimbursement provided to a county for
7fraud and error reduction under s. 49.197 (1m) and (4).
AB100-engrossed,904,129
49.33
(9) Reimbursement for income maintenance benefits. The department
10shall reimburse each county from the appropriations under s. 20.445 (3)
(d) (dz) and
11(p) (md) for 100% of the cost of aid to families with dependent children granted under
12s. 49.19 and for funeral expenses paid for recipients of aid under s. 49.30.
AB100-engrossed,904,2114
49.36
(2) The department may contract with any county to administer a work
15experience and job training program for parents who are not custodial parents and
16who fail to pay child support or to meet their children's needs for support as a result
17of unemployment or underemployment. The program may provide the kinds of work
18experience and job training services available from the program under s. 49.193 or
1949.147 (3) or (4). The program may also include job search and job orientation
20activities. The department shall fund the program from the appropriation under s.
2120.445 (3)
(df) (dz).
AB100-engrossed,905,223
49.37
(1) (intro.)
From the appropriation under s. 20.445 (3) (dk), the The 24department shall allocate funds to new hope project, inc.,
as provided in s. 49.175 (1)
1(s), for a demonstration project that will be conducted in 2 areas in the city of
2Milwaukee, if all of the following conditions are satisfied:
AB100-engrossed,905,74
49.37
(3) The contract under sub. (1) (g) shall require an interim evaluation to
5be submitted to the department no later than January 1, 1993. New hope project,
6inc., may not use funds appropriated under s. 20.445 (3)
(dk) (dz) to fund the
7evaluation under sub. (1) (g).
AB100-engrossed,905,99
49.37
(4) This section does not apply after June 30,
1997 1999.
AB100-engrossed,905,1611
49.45
(2) (a) 3. Determine the eligibility of persons for medical assistance,
12rehabilitative and social services under ss. 49.46, 49.468 and 49.47 and rules and
13policies adopted by the department and may designate this function to the county
14department under s. 46.215
or, 46.22
or 46.23 or , to the extent permitted by federal
15law or a waiver from federal secretary of health and human services, to a Wisconsin
16works agency.
AB100-engrossed,905,2018
49.45
(2) (a) 5. Cooperate with the division for learning support, equity and
19advocacy in the department of
education public instruction to carry out the
20provisions of Title XIX.
AB100-engrossed,905,2522
49.45
(2) (a) 17. Notify the governor, the joint committee on legislative
23organization, the joint committee on finance and appropriate standing committees,
24as determined by the presiding officer of each house, if the appropriation under s.
2520.435
(1) (5) (b) is insufficient to provide the state share of medical assistance.
AB100-engrossed,906,32
49.45
(3) (ag) Reimbursement shall be made to each entity contracted with
3under s. 46.271 (2m) for assessments completed under s. 46.271 (2m) (a) 2.
AB100-engrossed,906,116
49.45
(5) (a) Any person whose application for medical assistance is denied or
7is not acted upon promptly or who believes that the payments made in the person's
8behalf have not been properly determined
or that his or her eligibility has not been
9properly determined may file an appeal with the department pursuant to
s. 49.21 (1) 10par. (b). Review is unavailable if the decision or failure to act arose more than 45 days
11before submission of the petition for a hearing.
AB100-engrossed,907,213
49.45
(5) (b) 1. Upon receipt of a timely petition under par. (a) the department
14shall give the applicant or recipient reasonable notice and opportunity for a fair
15hearing. The department may make such additional investigation as it considers
16necessary. Notice of the hearing shall be given to the applicant or recipient and to
17the county clerk or, if a Wisconsin works agency is responsible for making the medical
18assistance determination, the Wisconsin works agency. The county or the Wisconsin
19works agency
may be represented at such hearing. The department shall render its
20decision as soon as possible after the hearing and shall send a certified copy of its
21decision to the applicant or recipient, the county clerk and to the county officer or the
22Wisconsin works agency charged with administration of the medical assistance
23program. The decision of the department shall have the same effect as an order of
24the county officer or the Wisconsin works agency charged with the administration
25of the medical assistance program. The decision shall be final, but may be revoked
1or modified as altered conditions may require. The department shall deny a petition
2for a hearing or shall refuse to grant relief if:
AB100-engrossed,907,33
a. The petitioner withdraws the petition in writing.
AB100-engrossed,907,64
b. The sole issue in the petition concerns an automatic payment adjustment or
5change that affects an entire class of recipients and is the result of a change in state
6or federal law.
AB100-engrossed,907,97
c. The petitioner abandons the petition. Abandonment occurs if the petitioner
8fails to appear in person or by representative at a scheduled hearing without good
9cause, as determined by the department.
AB100-engrossed,907,1810
2. If a recipient requests a hearing within the timely notice period specified in
1142 CFR 431.231 (c), medical assistance coverage shall not be suspended, reduced or
12discontinued until a decision is rendered after the hearing but medical assistance
13payments made pending the hearing decision may be recovered by the department
14if the contested decision or failure to act is upheld. The department shall promptly
15notify the county department or, if a Wisconsin works agency is responsible for
16making the medical assistance determination, the Wisconsin works agency of the
17county in which the recipient resides that the recipient has requested a hearing.
18Medical assistance coverage shall be suspended, reduced or discontinued if:
AB100-engrossed,907,2019
a. The recipient is contesting a state or federal law or a change in state or
20federal law and not the determination of the payment made on the recipient's behalf.
AB100-engrossed,907,2321
b. The recipient is notified of a change in his or her medical assistance coverage
22while the hearing decision is pending but the recipient fails to request a hearing on
23the change.
AB100-engrossed,907,2524
3. The recipient shall be promptly informed in writing if medical assistance is
25to be suspended, reduced or terminated pending the hearing decision.