AB100-engrossed,931,94
49.47
(4) (c) 2. Whenever an applicant has excess income under subd. 1. or par.
5(am), no certification may be issued until the excess income above the applicable
6limits has been obligated or expended for medical care or for any other type of
7remedial care recognized under state law or for personal health insurance premiums
8or both.
No individual is eligible for medical assistance under this subdivision in a
9month in which the individual is eligible for health care coverage under s. 49.153.
AB100-engrossed,931,1411
49.47
(6) (a) 7. Beneficiaries eligible under sub. (4) (a) 2. or (am) 1., for services
12under s. 49.46 (2) (a) and (b) that are related to pregnancy, including postpartum
13services and family planning services,
as defined in s. 253.07 (1) (b), or related to
14other conditions which may complicate pregnancy.
AB100-engrossed,931,2116
49.496
(5) Use of funds. From the appropriation under s. 20.435
(1) (5) (im),
17the department shall pay the amount of the payments under sub. (4) that is not paid
18from federal funds, shall pay to the federal government the amount of the funds
19recovered under this section equal to the amount of federal funds used to pay the
20benefits recovered under this section and shall spend the remainder of the funds
21recovered under this section for medical assistance benefits under this subchapter
AB100-engrossed,932,223
49.496
(7) Instalment payments. If a recovery under sub. (3) does not work an
24undue hardship on the heirs of the estate, and if the heirs wish to satisfy the recovery
1claim without selling a nonliquid asset that is subject to recovery, the department
2may establish a reasonable payment schedule subject to reasonable interest.
AB100-engrossed,932,94
49.498
(3) (b) 1. Inform each resident, orally and in writing at the time of
5admission to the nursing facility, of the resident's legal rights during the stay at the
6nursing facility, including a description of the protection of personal funds under sub.
7(8) and a statement that a resident may file a complaint with the department under
8s. 146.40 (4r) (a) concerning
neglect, abuse or misappropriation of property
or neglect
9or abuse of a resident.
AB100-engrossed,932,1811
49.498
(16) (g) All forfeitures, penalty assessments and interest, if any, shall
12be paid to the department within 10 days of receipt of notice of assessment or, if the
13forfeiture, penalty assessment and interest, if any, are contested under par. (f),
14within 10 days of receipt of the final decision after exhaustion of administrative
15review, unless the final decision is appealed and the order is stayed by court order
16under sub. (19) (b). The department shall remit all forfeitures paid to the state
17treasurer for deposit in the school fund. The department shall deposit all penalty
18assessments and interest in the appropriation under s. 20.435
(1) (6) (g).
AB100-engrossed,932,24
2049.499 Nursing facility resident protection. (intro.) From the
21appropriation under s. 20.435
(1) (6) (g), the department shall contribute to the
22payment of all of the following, as needed by a resident in a nursing facility, as defined
23in s. 49.498 (1) (i), that is in violation of s. 49.498 or of a rule promulgated under s.
2449.498:
AB100-engrossed,933,1
149.665 Badger care. (1) Definitions. In this section:
AB100-engrossed,933,22
(a) "Custodial parent" has the meaning given in s. 49.141 (1) (b).
AB100-engrossed,933,33
(b) "Dependent child" has the meaning given in s. 49.141 (c).
AB100-engrossed,933,74
(c) "Employer-subsidized health care coverage" means family coverage under
5a group health insurance plan offered by an employer for which the employer pays
6at least 75% of the cost, excluding any deductibles or copayments that may be
7required under the plan.
AB100-engrossed,933,88
(d) "Family" means a custodial parent and his or her dependent children.
AB100-engrossed,933,19
9(2) Waiver. The department of health and family services shall request a
10waiver from the secretary of the federal department of health and human services
11to permit the department of health and family services to implement, beginning not
12later than July 1, 1998, or the effective date of the waiver, whichever is later, a health
13care program under this section. If a waiver that is consistent with all of the
14provisions of this section is granted and in effect, the department of health and family
15services shall implement the program under this section. The department of health
16and family services may not implement the program under this section unless a
17waiver that is consistent with all of the provisions of this section is granted and in
18effect. The department of health and family services shall promulgate all rules
19required under this section no later than 60 days after the receipt of the waiver.
AB100-engrossed,934,4
20(3) Administration. The department shall administer a program to provide the
21health services and benefits described in s. 49.46 (2) to families that meet the
22eligibility requirements specified in sub. (4). The department shall promulgate rules
23setting forth the application procedures and appeal and grievance procedures. The
24department may promulgate rules limiting access to the program under this section
25to defined enrollment periods. The department may also promulgate rules
1establishing a method by which the department may purchase family coverage
2offered by the employer of a member of an eligible family under circumstances in
3which the department determines that purchasing that coverage would not be more
4costly than providing the coverage under this section.
AB100-engrossed,934,6
5(4) Eligibility. (a) A family is eligible for health care coverage under this
6section if the family meets all of the following requirements:
AB100-engrossed,934,107
1. The family's income does not exceed 185% of the poverty line, except that a
8family that is already receiving health care coverage under this section may have an
9income that does not exceed 200% of the poverty line. The department shall establish
10by rule the criteria to be used to determine income.
AB100-engrossed,934,1211
2. The family does not have access to employer-subsidized health care
12coverage.
AB100-engrossed,934,1613
3. The family has not had access to employer-subsidized health care coverage
14within the time period established by the department by rule, but not to exceed 18
15months, immediately preceding application for health care coverage under this
16section. The department may establish exceptions to this subdivision by rule.
AB100-engrossed,934,1917
4. The family meets all other requirements established by the department by
18rule. In establishing other eligibility criteria, the department may not include any
19health condition requirements.
AB100-engrossed,934,2120
(b) Notwithstanding fulfillment of the eligibility requirements under this
21subsection, a family is not entitled to health care coverage under this section.
AB100-engrossed,934,2322
(c) No family may be denied health care coverage under this section solely
23because of a health condition of any family member.
AB100-engrossed,935,13
24(5) Liability for cost. (a) Except as provided in par. (b), a family that receives
25health care coverage under this section shall pay a percentage of the cost of that
1coverage in accordance with a schedule established by the department by rule. If the
2schedule established by the department requires a family to contribute more than
33.5% of the family's income towards the cost of the health care coverage provided
4under this section, the department shall submit the schedule to the joint committee
5on finance for review and approval of the schedule. If the cochairpersons of the joint
6committee on finance do not notify the department within 14 working days after the
7date of the department's submittal of the schedule that the committee has scheduled
8a meeting to review the schedule, the department may implement the schedule. If,
9within 14 days after the date of the department's submittal of the schedule, the
10cochairpersons of the committee notify the department that the committee has
11scheduled a meeting to review the schedule, the department may not require a family
12to contribute more than 3.5% of the family's income unless the joint committee on
13finance approves the schedule.
AB100-engrossed,935,1614
(b) The department may not require a family with an income below 133% of the
15poverty line to contribute to the cost of health care coverage provided under this
16section.
AB100-engrossed,935,1917
(c) The department may establish by rule requirements for wage withholding
18as a means of collecting the family's share of the cost of the health care coverage
19under this section.
AB100-engrossed,935,24
20(6) Annual report. Not later than October 1 of each year, the department shall
21submit a report to the legislature under s. 13.172 (2) that summarizes enrollment in
22and cost of the health care program under this section and any other information that
23the department determines is pertinent information regarding the program under
24this section.
AB100-engrossed,936,2
149.683
(2) Approved costs for medical care under sub. (1) shall be paid from the
2appropriation under s. 20.435
(1) (5) (e).
AB100-engrossed,936,74
49.686
(2) Reimbursement. From the appropriation under s. 20.435
(1) (5) (am),
5the department may reimburse or supplement the reimbursement of the cost of AZT,
6the drug pentamidine and any drug approved for reimbursement under sub. (4) (c)
7for an individual who is eligible under sub. (3).
AB100-engrossed,936,169
49.687
(2) The department shall develop and implement a sliding scale of
10patient liability for kidney disease aid under s. 49.68, cystic fibrosis aid under s.
1149.683 and hemophilia treatment under s. 49.685, based on the patient's ability to
12pay for treatment. To ensure that the needs for treatment of patients with lower
13incomes receive priority within the availability of funds under s. 20.435
(1) (5) (e),
14the department shall revise the sliding scale for patient liability by January 1, 1994,
15and shall, every 3 years thereafter by January 1, review and, if necessary, revise the
16sliding scale.
AB100-engrossed,936,19
1849.775 Payments for the support of children of supplemental security
19income recipients. (1) Definitions. In this section:
AB100-engrossed,936,2020
(a) "Custodial parent" has the meaning given in s. 49.141 (1) (b).
AB100-engrossed,936,2121
(b) "Dependent child" has the meaning given in s. 49.141 (1) (c).
AB100-engrossed,936,25
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-engrossed,937,2
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-engrossed,937,53
(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-engrossed,937,116
(bm) The custodial parent assigns to the state any right of the custodial parent
7or of the dependent child to support from any other person. No amount of support
8that begins to accrue after the individual ceases to receive payments under this
9section may be considered assigned to the state. Any money received by the
10department of workforce development under an assignment to the state under this
11paragraph shall be paid to the custodial parent.
AB100-engrossed,937,1512
(c) The dependent child of the custodian parent meets the eligibility criteria
13under the aid to families with dependent children program under s. 49.19 (1) to (19)
14or would meet the eligibility criteria under s. 49.19 but for the application of s. 49.19
15(20).
AB100-engrossed,937,1716
(d) The dependent child does not receive supplemental security income under
1742 USC 1381 to
1383d.
AB100-engrossed,937,1818
(e) The custodial parent meets any of the following conditions:
AB100-engrossed,937,2119
1. The custodial parent is ineligible for aid under s. 49.19 solely because he or
20she receives supplemental security income under
42 USC 1381 to
1383c or state
21supplemental payments under s. 49.77.
AB100-engrossed,937,2422
2. The custodial parent is ineligible for a Wisconsin works employment
23position, as defined under s. 49.141 (1) (r), solely because of the application of s.
2449.145 (2) (i).
AB100-engrossed,938,3
1(3) Two-parent families. In the case of a dependent child who has 2 custodial
2parents, the department may not make more than one $77 payment per month for
3the support of that dependent child.
AB100-engrossed,938,176
49.855
(1) If a person obligated to provide child support
, family support or
7maintenance is delinquent in making court-ordered payments, or owes an
8outstanding amount that has been ordered by the court for past support, medical
9expenses or birth expenses,
the clerk of circuit court or county support collection
10designee under s. 59.53 (5m), whichever is appropriate, upon application
of the
11county designee under s. 59.53 (5)
or the department of workforce development
, shall
12certify the delinquent payment or outstanding amount to the department of
13workforce development. (2) At least annually, the department of workforce
14development revenue and, at least annually, shall provide to the department of
15revenue
the certifications that it receives under sub. (1) and any certifications of
16delinquencies or outstanding amounts that it receives from another state because
17the obligor resides in this state.
AB100-engrossed,939,1419
49.855
(3) Receipt of a certification by the department of revenue shall
20constitute a lien, equal to the amount certified, on any state tax refunds or credits
21owed to the obligor. The lien shall be foreclosed by the department of revenue as a
22setoff under s. 71.93 (3), (6) and (7). When the department of revenue determines
23that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
24obligor that the state intends to reduce any state tax refund or credit due the obligor
25by the amount the obligor is delinquent under the support or maintenance order, by
1the outstanding amount for past support, medical expenses or birth expenses under
2the court order or by the amount due under s. 46.10 (4). The notice shall provide that
3within 20 days the obligor may request a hearing before the circuit court rendering
4the order. Within 10 days after receiving a request for hearing under this subsection,
5the court shall set the matter for hearing. Pending further order by the court or
6family court commissioner, the clerk of circuit court or county support collection
7designee under s.
59.07 (97m) 59.53 (5m) is prohibited from disbursing the obligor's
8state tax refund or credit. The family court commissioner may conduct the hearing.
9The sole issues at that hearing shall be whether the obligor owes the amount certified
10and, if not and it is a support or maintenance order, whether the money withheld
11from a tax refund or credit shall be paid to the obligor or held for future support or
12maintenance. An obligor may, within 20 days of receiving notice that the amount
13certified shall be withheld from his or her federal tax refund or credit, request a
14hearing under this subsection.
AB100-engrossed, s. 1992m
15Section 1992m. 49.855 (3) of the statutes, as affected by 1997 Wisconsin Act
16.... (this act), is amended to read:
AB100-engrossed,940,1317
49.855
(3) Receipt of a certification by the department of revenue shall
18constitute a lien, equal to the amount certified, on any state tax refunds or credits
19owed to the obligor. The lien shall be foreclosed by the department of revenue as a
20setoff under s. 71.93 (3), (6) and (7). When the department of revenue determines
21that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
22obligor that the state intends to reduce any state tax refund or credit due the obligor
23by the amount the obligor is delinquent under the support or maintenance order, by
24the outstanding amount for past support, medical expenses or birth expenses under
25the court order or by the amount due under s. 46.10 (4). The notice shall provide that
1within 20 days the obligor may request a hearing before the circuit court rendering
2the order. Within 10 days after receiving a request for hearing under this subsection,
3the court shall set the matter for hearing. Pending further order by the court or
4family court commissioner, the
clerk of circuit court or county support collection
5designee under s. 59.53 (5m) department of workforce development or its designee,
6whichever is appropriate, is prohibited from disbursing the obligor's state tax refund
7or credit. The family court commissioner may conduct the hearing. The sole issues
8at that hearing shall be whether the obligor owes the amount certified and, if not and
9it is a support or maintenance order, whether the money withheld from a tax refund
10or credit shall be paid to the obligor or held for future support or maintenance. An
11obligor may, within 20 days of receiving notice that the amount certified shall be
12withheld from his or her federal tax refund or credit, request a hearing under this
13subsection.
AB100-engrossed,941,716
49.855
(4) The department of revenue shall send that portion of any state or
17federal tax refunds or credits withheld for delinquent child support or maintenance
18or past support, medical expenses or birth expenses to the department of workforce
19development
or its designee for distribution to the
appropriate clerk of circuit court
20or county support collection designee under s. 59.53 (5m) obligee. The department
21of workforce development shall make a settlement at least annually with the
22department of revenue
and with each clerk of circuit court or county support
23collection designee under s. 59.53 (5m) who has certified a delinquent obligation or
24outstanding amount for past support, medical expenses or birth expenses. The
25settlement shall state the amounts certified, the amounts deducted from tax refunds
1and credits
and returned to the clerk of circuit court or county support collection
2designee under s. 59.53 (5m) and the administrative costs incurred by the
3department of revenue.
The department of workforce development may charge the
4county whose clerk of circuit court or support collection designee under s. 59.53 (5m)
5certified the obligation or outstanding amount the related administrative costs
6incurred by the department of workforce development and the department of
7revenue.
AB100-engrossed,942,79
49.855
(4m) (b) The department of revenue may provide a certification that it
10receives under sub. (2) or (2m) to the department of administration. Upon receipt
11of the certification, the department of administration shall determine whether the
12obligor is a vendor or is receiving any other payments from this state, except for
13wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1),
14this chapter or ch. 46 or 108.If the department of administration determines that the
15obligor is a vendor or is receiving payments from this state, except for wages,
16retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this
17chapter or ch. 46 or 108, it shall begin to withhold the amount certified from those
18payments and shall notify the obligor that the state intends to reduce any payments
19due the obligor by the amount the obligor is delinquent under the support or
20maintenance order, by the outstanding amount for past support, medical expenses
21or birth expenses under the court order or by the amount due under s. 46.10 (4). The
22notice shall provide that within 20 days after receipt of the notice the obligor may
23request a hearing before the circuit court rendering the order. An obligor may, within
2420 days after receiving notice, request a hearing under this paragraph. Within 10
25days after receiving a request for hearing under this paragraph, the court shall set
1the matter for hearing. The family court commissioner may conduct the hearing.
2Pending further order by the court or family court commissioner, the clerk of circuit
3court or county support collection designee under s.
59.07 (97m) 59.53 (5m) may not
4disburse the payments withheld from the obligor. The sole issues at the hearing are
5whether the obligor owes the amount certified and, if not and it is a support or
6maintenance order, whether the money withheld shall be paid to the obligor or held
7for future support or maintenance.
AB100-engrossed, s. 1995m
8Section 1995m. 49.855 (4m) (b) of the statutes, as affected by 1997 Wisconsin
9Act .... (this act), is amended to read:
AB100-engrossed,943,910
49.855
(4m) (b) The department of revenue may provide a certification that it
11receives under sub.
(2) (1) or (2m) to the department of administration. Upon receipt
12of the certification, the department of administration shall determine whether the
13obligor is a vendor or is receiving any other payments from this state, except for
14wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1),
15this chapter or ch. 46 or 108.If the department of administration determines that the
16obligor is a vendor or is receiving payments from this state, except for wages,
17retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this
18chapter or ch. 46 or 108, it shall begin to withhold the amount certified from those
19payments and shall notify the obligor that the state intends to reduce any payments
20due the obligor by the amount the obligor is delinquent under the support or
21maintenance order, by the outstanding amount for past support, medical expenses
22or birth expenses under the court order or by the amount due under s. 46.10 (4). The
23notice shall provide that within 20 days after receipt of the notice the obligor may
24request a hearing before the circuit court rendering the order. An obligor may, within
2520 days after receiving notice, request a hearing under this paragraph. Within 10
1days after receiving a request for hearing under this paragraph, the court shall set
2the matter for hearing. The family court commissioner may conduct the hearing.
3Pending further order by the court or family court commissioner, the
clerk of circuit
4court or county support collection designee under s. 59.53 (5m)
department of
5workforce development or its designee, whichever is appropriate, may not disburse
6the payments withheld from the obligor. The sole issues at the hearing are whether
7the obligor owes the amount certified and, if not and it is a support or maintenance
8order, whether the money withheld shall be paid to the obligor or held for future
9support or maintenance.
AB100-engrossed,943,2112
49.855
(4m) (c) Except as provided by order of the court after hearing under
13par. (b), the department of administration shall continue withholding until the
14amount certified is recovered in full. The department of administration shall
15transfer the amounts withheld under this paragraph to the department of workforce
16development
for distribution to the appropriate clerk of court, county support
17collection designee under s. 59.53 (5m) or its designee or department of health and
18family services, whichever is appropriate
. The department of workforce
19development or its designee shall distribute amounts withheld for delinquent child
20or family support or maintenance or past support, medical expenses or birth
21expenses to the obligee.
AB100-engrossed,944,724
49.855
(5) Certification of an obligation to the department of
workforce
25development revenue does not deprive any party of the right to collect the obligation
1or to prosecute the obligor. The
clerk of court or county support collection designee
2under s. 59.53 (5m), whichever is appropriate, department of workforce development
3or its designee shall immediately notify the department of
workforce development 4revenue of any collection of an obligation that has been certified
by the clerk of court
5or county support collection designee under s. 59.53 (5m). The department of
6workforce development shall correct the certified obligation according to the amount
7the county has collected and report the correction to the department of revenue.
AB100-engrossed,944,119
49.855
(6) If the state implements the child and spousal support and paternity
10program under
s. ss. 49.22 and 59.53 (5), the state may act under this section in place
11of the county
designee child support agency under s.
59.07 (97) 59.53 (5).
AB100-engrossed,944,1914
49.855
(7) The department of workforce development may provide a
15certification under sub. (1) to a state agency or authority under s. 21.49 (2) (e), 36.11
16(6) (b), 36.25 (14), 36.34 (1), 39.30 (2) (e), 39.38 (2), 39.435 (6), 39.44 (4), 39.47 (2m),
1745.351 (2) (c), 45.356 (6), 45.396 (6), 45.74 (6), 145.245 (5m) (b), 234.04 (2), 234.49 (1)
18(c), 234.59 (3) (c), 234.65 (3) (f),
234.83 (2) (a) 3., 234.90 (3) (d) or (3g) (c), 234.905 (3)
19(d), 281.65 (8) (L) or 949.08 (2) (g).
AB100-engrossed,945,522
49.90
(2g) In addition to the remedy specified in sub. (2), upon failure of a
23grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who
24is or may be required to provide maintenance under sub. (1) (a) 2., a child of a
25dependent minor or the child's parent may apply to the circuit court for the county
1in which the child resides for an order to compel the provision of maintenance. A
2county department under s. 46.215, 46.22 or 46.23, a county child support agency
3under s. 59.53 (5) or the department of workforce development may initiate an action
4to obtain maintenance of the child by the child's grandparent under sub. (1) (a) 2.,
5regardless of whether the child receives public assistance.
AB100-engrossed,945,12
749.96 Assistance grants exempt from levy. All grants of aid to families with
8dependent children, payments made under ss. 48.57 (3m)
or
, 49.148 (1) (b)
1. or (c)
9or (1m) or 49.149 to 49.159, payments made for social services, cash benefits paid by
10counties under s. 59.53 (21), and benefits under s. 49.77 or federal Title XVI, are
11exempt from every tax, and from execution, garnishment, attachment and every
12other process and shall be inalienable.
AB100-engrossed,945,1714
50.01
(1g) (g) A residential facility in the village of Union Grove that was
15authorized to operate without a license under a final judgment entered by a court
16before January 1, 1982, and that continues to comply with the judgment
17notwithstanding the expiration of the judgment.
AB100-engrossed,945,1919
50.01
(1r) "Home health agency" has the meaning given under s. 50.49 (1) (a).
AB100-engrossed,946,221
50.03
(1m) Distinct part or separate licensure for institutions for mental
22diseases. Upon application to the department, the department may approve
23licensure of the operation of a nursing home or a distinct part of a nursing home as
24an institution for mental diseases, as defined under
42 CFR 435.1009. Conditions
25and procedures for application for, approval of
,
and operation under
and renewal of
1licensure under this subsection shall be established in rules promulgated by the
2department.
AB100-engrossed,946,94
50.03
(2) (d) Any holder of a license or applicant for a license shall be deemed
5to have given consent to any authorized officer, employe or agent of the department
6to enter and inspect the facility in accordance with this subsection. Refusal to permit
7such entry or inspection shall constitute grounds for
initial licensure denial,
8nonrenewal as provided in sub. (4), or suspension or revocation of license
, as provided
9in sub. (5).
AB100-engrossed,946,1411
50.03
(3) (b) (intro.) The application for a license
or a license renewal and the
12report of a licensee shall be in writing upon forms provided by the department and
13shall contain such information as the department requires, including the name,
14address and type and extent of interest of each of the following persons: