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:
AB100-engrossed,946,1816
50.03
(3) (f) Community-based residential facilities
applying for renewal of 17license shall report all formal complaints regarding their operation filed under sub.
18(2) (f) and the disposition of each
when reporting under sub. (4) (c) 1.
AB100-engrossed,947,1320
50.03
(4) (a) 1. b. Except as provided in sub. (4m) (b), the department shall issue
21a license for a community-based residential facility if it finds the applicant to be fit
22and qualified, if it finds that the community-based residential facility meets the
23requirements established by this subchapter and if the community-based
24residential facility has paid the license fee under s. 50.037 (2) (a). In determining
25whether to issue a license for a community-based residential facility, the department
1may consider any action by the applicant or by an employe of the applicant that
2constitutes a substantial failure by the applicant or employe to protect and promote
3the health, safety or welfare of a resident. The department may deny licensure to
4or
not renew revoke licensure for any person who conducted, maintained, operated
5or permitted to be maintained or operated a community-based residential facility for
6which licensure was revoked. The department, or its designee, shall make such
7inspections and investigations as are necessary to determine the conditions existing
8in each case and shall file written reports.
Before renewing the license of any In
9reviewing the report of a community-based residential facility
that is required to be
10submitted under par. (c) 1., the department shall consider all complaints filed under
11sub. (2) (f)
during the current license period since initial license issuance or since the
12last review, whichever is later, and the disposition of each. The department shall
13promulgate rules defining "fit and qualified" for the purposes of this subd. 1. b.
AB100-engrossed,947,1915
50.03
(4) (a) 2. The past record of violations of applicable laws and regulations
16of the United States or of this or any other state, in the operation of a residential or
17health care facility, or in any other health-related activity by any of the persons
18listed in sub. (3) (b) shall be relevant to the issue of the fitness of an applicant for
19issuance or renewal of a license.
AB100-engrossed,948,1021
50.03
(4) (c) 1.
Unless sooner A community-based residential facility license
22is valid until it is revoked or suspended
, a community-based residential facility
23license is valid for 24 months. At least 30 days prior to license expiration, the
24applicant under this section. Every 24 months, on a schedule determined by the
25department, a community-based residential facility licensee shall submit a biennial
1report
and application for renewal of the license in the form and containing the
2information that the department requires
. If the report and application are
3approved, the license shall be renewed for an additional 24-month period. If the
4application for renewal and, including payment of the fees required under s. 50.037
5(2) (a). If a complete
annual biennial report
are is not timely filed, the department
6shall issue a warning to the licensee.
Failure to make application for renewal within
730 days after receipt of the warning is grounds for nonrenewal of the license. The
8department may revoke a community-based residential facility license for failure to
9timely and completely report within 60 days after the report date established under
10the schedule determined by the department.
AB100-engrossed,949,212
50.03
(4) (c) 2.
Unless sooner revoked or suspended, a A nursing home license
13is valid
for 12 months, but may be issued to a new licensee for less than 12 months
14to coincide with the date of federal medical assistance certification as a skilled
15nursing facility or intermediate care facility. At least 120 days but not more than 150
16days prior to license expiration, the applicant until it is revoked or suspended under
17this section. Every 12 months, on a schedule determined by the department, a
18nursing home licensee shall submit
an annual
a report
and application for renewal
19of the license in the form and containing the information that the department
20requires
. If the report and application are approved, the license shall be renewed for
21an additional 12-month period. If the application for renewal and
, including
22payment of the fee required under s. 50.135 (2) (a). If a complete
annual report
are 23is not timely filed, the department shall issue a warning to the licensee.
Failure to
24make application for renewal within 30 days after receipt of the warning is grounds
25for nonrenewal of the license. The department may revoke a nursing home license
1for failure to timely and completely report within 60 days after the report date
2established under the schedule determined by the department.
AB100-engrossed,949,114
50.03
(4) (e) Each license shall be issued only for the premises and persons
5named in the application and
shall not be is not transferable or assignable. The
6license shall be posted in a place readily visible to residents and visitors, such as the
7lobby or reception area of the facility. Any license granted shall state the maximum
8bed capacity allowed, the person to whom the license is granted, the date
, the
9expiration date of issuance, the maximum level of care for which the facility is
10licensed as a condition of its licensure and such additional information and special
11conditions as the department may prescribe.
AB100-engrossed,949,1613
50.03
(4) (f) The issuance or
renewal
continuance of a license after notice of a
14violation has been sent shall not constitute a waiver by the department of its power
15to rely on the violation as the basis for subsequent license revocation or other
16enforcement action under this subchapter arising out of the notice of violation.
AB100-engrossed,949,1918
50.03
(5) (title)
Nonrenewal Suspension and revocation of nursing home
19licenses.
AB100-engrossed,950,221
50.03
(5) (a)
Power of department. The department, after notice to a nursing
22home applicant or licensee, may suspend
, or revoke
or refuse to renew a license in
23any case in which the department finds that the nursing home has substantially
24failed to comply with the applicable requirements of this subchapter and the rules
25promulgated under this subchapter. No state or federal funds passing through the
1state treasury may be paid to a nursing home that does not have a valid license issued
2under this section.
AB100-engrossed,950,74
50.03
(5) (b)
Form of notice. Notice under this subsection shall include a clear
5and concise statement of the violations on which the
nonrenewal or revocation is
6based, the statute or rule violated and notice of the opportunity for an evidentiary
7hearing under par. (c).
AB100-engrossed,950,149
50.03
(5) (c) (title)
Contest of nonrenewal or revocation. If a nursing home
10desires to contest the
nonrenewal or revocation of a license, the nursing home shall,
11within 10 days after receipt of notice under par. (b), notify the department in writing
12of its request for a hearing under s. 227.44. The department shall hold the hearing
13within 30 days of receipt of such notice and shall send notice to the nursing home of
14the hearing as provided under s. 227.44 (2).
AB100-engrossed,950,1616
50.03
(5) (d) (title)
Effective date of
nonrenewal or revocation.
AB100-engrossed,950,2119
50.03
(5) (d) 3. The department may extend the effective date of license
20revocation
or expiration in any case in order to permit orderly removal and relocation
21of residents of the nursing home.
AB100-engrossed,950,2423
50.03
(5g) (c) 3.
Refusal to renew licensure or revocation Revocation of
24licensure, as specified in pars. (d) to (g).
AB100-engrossed,951,2
150.03
(5g) (d) (intro.) Under the procedure specified in par. (e), the department
2may revoke
or refuse to renew a license for a licensee for any of the following reasons:
AB100-engrossed,951,124
50.03
(5g) (e) 1. The department may revoke
or refuse to renew a license for
5a licensee for the reason specified in par. (d) 1.
, 2., 3. or 4.
and may refuse to renew
6a license for a licensee for the reason specified in par. (d) 1., 2. or 3. if the department
7provides the licensee with written notice of revocation
or nonrenewal, the grounds
8for the revocation
or nonrenewal and an explanation of the process for appealing the
9revocation
or nonrenewal, at least 30 days before the date of revocation
or license
10expiration. The department may revoke
or refuse to renew the license only if the
11violation remains substantially uncorrected on the date of revocation or license
12expiration.