AB100, s. 1890
23Section
1890. 49.27 (5) (e) 5. of the statutes is amended to read:
AB100,822,524
49.27
(5) (e) 5. A person in need of a high school diploma shall be assigned to
25a course of study meeting the standards established by the
secretary of education
1state superintendent of public instruction for the granting of a declaration of
2equivalency of high school graduation unless the person demonstrates a basic
3literacy level or the employability plan for the individual identifies a long-term
4employment goal that does not require a high school diploma or a declaration of
5equivalency.
AB100, s. 1892
7Section
1892. 49.27 (11) (i) of the statutes is amended to read:
AB100,822,98
49.27
(11) (i) Provide transitional child care services under sub. (6)
, and shelter
9payments under sub. (7)
and transitional medical assistance coverage under sub. (8).
AB100, s. 1893
10Section
1893. 49.30 (2) of the statutes is amended to read:
AB100,822,1911
49.30
(2) The state From the appropriation under s. 20.445 (3) (dz), the
12department shall reimburse a county or applicable tribal governing body or
13organization for any amount that the county or applicable tribal governing body or
14organization is required to pay under sub. (1).
The state From the appropriation
15under s. 20.445 (3) (dz), the department shall reimburse a county or applicable tribal
16governing body or organization for cemetery expenses or for funeral and burial
17expenses for persons described under sub. (1) that the county or applicable tribal
18governing body or organization is not required to pay under subs. (1) and (1m) only
19if the department approves the reimbursement due to unusual circumstances.
AB100, s. 1894
20Section
1894. 49.32 (8) of the statutes is amended to read:
AB100,823,521
49.32
(8) Periodic earnings check by department. The department shall make
22a periodic check of the amounts earned by recipients of aid to families with dependent
23children under s. 49.19
and by participants under Wisconsin works under ss. 49.141
24to 49.161 through a check of the amounts credited to the recipient's social security
25number. The department shall make an investigation into any discrepancy between
1the amounts credited to a social security number and amounts reported as income
2on the declaration application and take appropriate action under s. 49.95 when
3warranted. The department shall use the state wage reporting system under
1985
4Wisconsin Act 17, section
65 (1), when the system is implemented, to make periodic
5earnings checks.
AB100, s. 1895
6Section
1895. 49.32 (9) (a) of the statutes is amended to read:
AB100,823,177
49.32
(9) (a) Each county department under s. 46.215, 46.22 or 46.23
8administering aid to families with dependent children shall maintain a monthly
9report at its office showing the names of all persons receiving
such aid
to families
10with dependent children together with the amount paid during the preceding month.
11Each Wisconsin works agency administering Wisconsin works under ss. 49.141 to
1249.161 shall maintain a monthly report at its office showing the names
and addresses 13of all persons receiving benefits under s. 49.148 together with the amount paid
14during the preceding month. Nothing in this paragraph shall be construed to
15authorize or require the disclosure in the report of any information (names, amounts
16of aid or otherwise) pertaining to adoptions, or aid furnished for the care of children
17in foster homes or treatment foster homes under s.
42.261 46.261 or 49.19 (10).
AB100, s. 1896
18Section
1896. 49.32 (9) (b) of the statutes is amended to read:
AB100,824,1819
49.32
(9) (b) The report under par. (a) shall be open to public inspection at all
20times during regular office hours and may be destroyed after the next succeeding
21report becomes available. Any person except any public officer, seeking permission
22to inspect such report shall be required to prove his or her identity and to sign a
23statement setting forth his or her address and the reasons for making the request
24and indicating that he or she understands the provisions of par. (c) with respect to
25the use of the information obtained. The use of a fictitious name is a violation of this
1section.
or Wisconsin works agency Within 7 days after the record is inspected, or
2on the next regularly scheduled communication with that person, whichever is
3sooner, the
county department
or Wisconsin works agency shall notify each person
4whose name and amount of aid was inspected that the record was inspected and of
5the name and address of the person making such inspection. County departments
6under ss. 46.215
and, 46.22
and 46.23 administering aid to families with dependent
7children
and Wisconsin works agencies administering Wisconsin works under ss.
849.141 to 49.161 may withhold the right to inspect the name of and amount paid to
9recipients from private individuals who are not inspecting this information for
10purposes related to public, educational, organizational, governmental or research
11purposes until the person whose record is to be inspected is notified by the county
12department
or Wisconsin works agency, but in no case may the
county department
13or Wisconsin works agency withhold this information for more than 5 working days.
14The county department or Wisconsin works agency shall keep a record of such
15requests. The record shall indicate the name, address, employer and telephone
16number of the person making the request. If the person refuses to provide his or her
17name, address, employer and telephone number, the request to inspect this
18information may be denied.
AB100, s. 1897
19Section
1897. 49.32 (10) (a) (intro.) of the statutes is amended to read:
AB100,824,2420
49.32
(10) (a) (intro.) Each county department under s. 46.215
or, 46.22
or 46.23 21may release the current address of a recipient of
food stamps or of aid under s. 49.19,
22and each Wisconsin works agency may release the current address of a
recipient of
23food stamps or of a participant in Wisconsin works under ss. 49.141 to 49.161, to a
24law enforcement officer if the officer meets all of the following conditions:
AB100, s. 1898
25Section
1898. 49.32 (10) (a) 1. of the statutes is amended to read:
AB100,825,2
149.32
(10) (a) 1. The officer provides, in writing, the name
and social security
2number of the recipient
or participant.
AB100, s. 1899
3Section
1899. 49.32 (10) (a) 2. a. of the statutes is amended to read:
AB100,825,74
49.32
(10) (a) 2. a. That the recipient
or participant is a fugitive felon under
42
5USC 602 608 (a) (9)
, is violating a condition of probation, parole or community
6supervision imposed under state or federal law or has information that is necessary
7for the officer to conduct the official duties of the officer.
AB100, s. 1900
8Section
1900. 49.32 (10) (a) 2. b. of the statutes is amended to read:
AB100,825,109
49.32
(10) (a) 2. b. That the location or apprehension of the
felon recipient or
10participant under subd. 2. a. is within the official duties of the officer.
AB100, s. 1901
11Section
1901. 49.33 (2) of the statutes is amended to read:
AB100,825,2012
49.33
(2) Contracts. County departments under ss. 46.215, 46.22 and 46.23
13shall annually enter into a contract with the department detailing the reasonable
14cost of administering the income maintenance programs and the food stamp program
15under
7 USC 2011 to
2029 when so appointed by the department. Contracts created
16under this section control the distribution of payments under s. 20.445 (3)
(de) (dz),
17(md) and (nL) in accordance with the reimbursement method established under sub.
18(8). The department may reduce its payment to any county under s. 20.445 (3)
(de) 19(dz), (md) and (nL) if federal reimbursement is withheld due to audits, quality control
20samples or program reviews.
AB100, s. 1902
21Section
1902. 49.33 (8) (a) of the statutes is amended to read:
AB100,826,322
49.33
(8) (a) The department shall reimburse each county for reasonable costs
23of income maintenance relating to the administration of the programs under this
24subchapter and subch. IV according to a formula based on workload within the limits
25of available state and federal funds under s. 20.445 (3)
(de), (dz)
, (md) and (nL) by
1contract under s. 49.33 (2). The amount of reimbursement calculated under this
2paragraph and par. (b) is in addition to any reimbursement provided to a county for
3fraud and error reduction under s. 49.197 (1m) and (4).
AB100, s. 1903
4Section
1903. 49.33 (9) of the statutes is amended to read:
AB100,826,85
49.33
(9) Reimbursement for income maintenance benefits. The department
6shall reimburse each county from the appropriations under s. 20.445 (3)
(d) (dz) and
7(p) (md) for 100% of the cost of aid to families with dependent children granted under
8s. 49.19 and for funeral expenses paid for recipients of aid under s. 49.30.
AB100, s. 1904
9Section
1904. 49.36 (2) of the statutes is amended to read:
AB100,826,1710
49.36
(2) The department may contract with any county
or with a Wisconsin
11works agency to administer a work experience and job
training search program for
12parents who are not custodial parents and who fail to pay child support or to meet
13their children's needs for support as a result of unemployment or underemployment.
14The program may provide the kinds of work experience
and job training services 15available from the program under s. 49.193 or 49.147
(3) or (4). The program may
16also include job search
and job orientation activities. The department shall fund the
17program from the appropriation under s. 20.445 (3)
(df) (dz).
AB100, s. 1905
18Section
1905. 49.45 (2) (a) 3. of the statutes is amended to read:
AB100,826,2219
49.45
(2) (a) 3. Determine the eligibility of persons for medical assistance,
20rehabilitative and social services under ss. 49.46, 49.468 and 49.47 and rules and
21policies adopted by the department and may designate this function to the county
22department under s. 46.215
or, 46.22
or 46.23 or to a Wisconsin works agency.
AB100, s. 1906
23Section
1906. 49.45 (2) (a) 5. of the statutes is amended to read:
AB100,827,3
149.45
(2) (a) 5. Cooperate with the division for learning support, equity and
2advocacy in the department of
education public instruction to carry out the
3provisions of Title XIX.
AB100, s. 1907
4Section
1907. 49.45 (2) (a) 11. of the statutes is amended to read:
AB100,827,75
49.45
(2) (a) 11. Establish criteria for the certification of eligible providers of
6services under Title XIX of the social security act and
, except as provided in s. 49.48, 7certify such eligible providers.
AB100, s. 1908
8Section
1908. 49.45 (2) (a) 12. of the statutes is amended to read:
AB100,827,159
49.45
(2) (a) 12. Decertify or suspend
under this subdivision a provider from
10the medical assistance program, if after giving reasonable notice and opportunity for
11hearing, the department finds that the provider has violated federal or state law or
12administrative rule and such violations are by law, regulation or rule grounds for
13decertification or suspension. No payment may be made under the medical
14assistance program with respect to any service or item furnished by the provider
15subsequent to decertification or during the period of suspension.
AB100, s. 1909
16Section
1909. 49.45 (2) (a) 17. of the statutes is amended to read:
AB100,827,2017
49.45
(2) (a) 17. Notify the governor, the joint committee on legislative
18organization, the joint committee on finance and appropriate standing committees,
19as determined by the presiding officer of each house, if the appropriation under s.
2020.435
(1) (5) (b) is insufficient to provide the state share of medical assistance.
AB100, s. 1910
21Section
1910. 49.45 (3) (ag) of the statutes is created to read:
AB100,827,2322
49.45
(3) (ag) Reimbursement shall be made to each entity contracted with
23under s. 46.271 (2m) for assessments completed under s. 46.271 (2m) (a) 2.
AB100, s. 1911
24Section
1911. 49.45 (5) of the statutes is renumbered 49.45 (5) (a) and
25amended to read:
AB100,828,6
149.45
(5) (a) Any person whose application for medical assistance is denied or
2is not acted upon promptly or who believes that the payments made in the person's
3behalf have not been properly determined
or that his or her eligibility has not been
4properly determined may file an appeal with the department pursuant to
s. 49.21 (1) 5par. (b). Review is unavailable if the decision or failure to act arose more than 45 days
6before submission of the petition for a hearing.
AB100, s. 1912
7Section
1912. 49.45 (5) (b) of the statutes is created to read:
AB100,828,218
49.45
(5) (b) 1. Upon receipt of a timely petition under par. (a) the department
9shall give the applicant or recipient reasonable notice and opportunity for a fair
10hearing. The department may make such additional investigation as it considers
11necessary. Notice of the hearing shall be given to the applicant or recipient and to
12the county clerk or Wisconsin works agency. The county or Wisconsin works agency
13may be represented at such hearing. The department shall render its decision as
14soon as possible after the hearing and shall send a certified copy of its decision to the
15applicant or recipient, the county clerk and to the county officer or Wisconsin works
16agency charged with administration of the medical assistance program. The decision
17of the department shall have the same effect as an order of the county officer or
18Wisconsin works agency charged with the administration of the medical assistance
19program. The decision shall be final, but may be revoked or modified as altered
20conditions may require. The department shall deny a petition for a hearing or shall
21refuse to grant relief if:
AB100,828,2222
a. The petitioner withdraws the petition in writing.
AB100,828,2523
b. The sole issue in the petition concerns an automatic payment adjustment or
24change that affects an entire class of recipients and is the result of a change in state
25or federal law.
AB100,829,3
1c. The petitioner abandons the petition. Abandonment occurs if the petitioner
2fails to appear in person or by representative at a scheduled hearing without good
3cause, as determined by the department.
AB100,829,114
2. If a recipient requests a hearing within the timely notice period specified in
542 CFR 431.231 (c), medical assistance coverage shall not be suspended, reduced or
6discontinued until a decision is rendered after the hearing but medical assistance
7payments made pending the hearing decision may be recovered by the department
8if the contested decision or failure to act is upheld. The department shall promptly
9notify the county department or Wisconsin works agency of the county in which the
10recipient resides that the recipient has requested a hearing. Medical assistance
11coverage shall be suspended, reduced or discontinued if:
AB100,829,1312
a. The recipient is contesting a state or federal law or a change in state or
13federal law and not the determination of the payment made on the recipient's behalf.
AB100,829,1614
b. The recipient is notified of a change in his or her medical assistance coverage
15while the hearing decision is pending but the recipient fails to request a hearing on
16the change.
AB100,829,1817
3. The recipient shall be promptly informed in writing if medical assistance is
18to be suspended, reduced or terminated pending the hearing decision.
AB100, s. 1913
19Section
1913. 49.45 (5m) (a) of the statutes is amended to read:
AB100,830,220
49.45
(5m) (a) Notwithstanding sub. (3) (e), from the appropriations under s.
2120.435
(1) (5) (b) and (o) the department shall distribute not more than $2,256,000
22in each fiscal year, to provide supplemental funds to rural hospitals that, as
23determined by the department, have high utilization of inpatient services by
24patients whose care is provided from governmental sources, except that the
1department may not distribute funds to a rural hospital to the extent that the
2distribution would exceed any limitation under
42 USC 1396b (i) (3).
AB100, s. 1914
3Section
1914. 49.45 (6b) (b) of the statutes is amended to read:
AB100,830,64
49.45
(6b) (b) Beginning in fiscal year
1995-96 1997-98, for relocations from
5the northern Wisconsin center for the developmentally disabled, by
$199 $174 per
6day.
AB100, s. 1915
7Section
1915. 49.45 (6b) (c) of the statutes is amended to read:
AB100,830,108
49.45
(6b) (c) Beginning in fiscal year
1995-96 1997-98, for relocations from
9the southern Wisconsin center for the developmentally disabled, by
$149 $174 per
10day.
AB100, s. 1916
11Section
1916. 49.45 (6c) (c) (intro.) of the statutes is amended to read:
AB100,830,1712
49.45
(6c) (c)
Resident review. (intro.) Except as provided in par. (e),
by April
131, 1990, and at least annually thereafter, the department or an entity to which the
14department has delegated authority shall review every resident of a facility or
15institution for mental diseases who has a developmental disability or mental illness
16and who has experienced a significant change in his or her physical or mental
17condition to determine if any of the following applies:
AB100, s. 1917
18Section
1917. 49.45 (6m) (a) 3. of the statutes is amended to read:
AB100,830,2119
49.45
(6m) (a) 3. "Facility" means a nursing home
as defined under s. 50.01 (3) 20or a community-based residential facility that is licensed under s. 50.03 and that is
21certified by the department as a provider of medical assistance.
AB100, s. 1918
22Section
1918. 49.45 (6m) (a) 5. of the statutes is created to read:
AB100,830,2323
49.45
(6m) (a) 5. "Nursing home" has the meaning given under s. 50.01 (3).
AB100, s. 1919
24Section
1919. 49.45 (6m) (ag) (intro.) of the statutes is amended to read:
AB100,831,12
149.45
(6m) (ag) (intro.) Payment for care provided in a facility under this
2subsection made under s. 20.435 (1)
(b), (o) or (p)
or (5) (b) or (o) shall, except as
3provided in pars. (bg), (bm) and (br), be determined according to a prospective
4payment system updated annually by the department. The payment system shall
5implement standards which are reasonable and adequate to meet the costs which
6must be incurred by efficiently and economically operated facilities in order to
7provide care in conformity with this section, with federal regulations authorized
8under
42 USC 1396a (a) (13) (A),
1396a (a) (30),
1396b (i) (3),
1396L and
1396r (e)
9and with quality and safety standards established under subch. II of ch. 50 and ch.
10150. In administering this payment system, the department shall allow costs it
11determines are necessary and proper for providing patient care. The payment
12system shall reflect all of the following:
AB100, s. 1920
13Section
1920. 49.45 (6m) (ag) 3m. of the statutes is amended to read:
AB100,831,1814
49.45
(6m) (ag) 3m. For state fiscal year
1995-96 1997-98, rates that shall be
15set by the department based on information from cost reports for the
1994 1996 fiscal
16year of the facility and for state fiscal year
1996-97
1998-99, rates that shall be set
17by the department based on information from cost reports for the
1995 1997 fiscal
18year of the facility.
AB100, s. 1921
19Section
1921. 49.45 (6m) (ag) 8. of the statutes is amended to read:
AB100,832,1220
49.45
(6m) (ag) 8. Calculation of total payments and supplementary payments
21to facilities that permits an
aggregate increase in funds allocated under s. 20.435
(1) 22(5) (b) and (o) for nursing home care provided medical assistance recipients
,
23including an increase resulting in adjustment of facility base rates and percentage
24increases over facility base rates, over that paid for services provided in state fiscal
25year
1994-95 1996-97 of no more than
4.25% 6.1% or $50,975,000, whichever is less,
1during state fiscal year
1995-96 and 1997-98; and calculation of total payments and
2supplementary payments to facilities that permits an aggregate increase in funds
3allocated under s. 20.435 (5) (b) and (o) for nursing home care provided medical
4assistance recipients, including a percentage increase over facility base rates, over
5that paid for services provided in state fiscal year
1995-96 1997-98 of no more than
63.5%
or $30,322,500, whichever is less, during state fiscal year
1996-97, excluding 71998-99. Calculation of total payments and supplementary payments under this
8subdivision excludes increases in total payments attributable to increases in
9recipient utilization of facility care, payments for the provision of active treatment
10to facility residents with developmental disability or chronic mental illness and
11payments for preadmission screening of facility applicants and annual reviews of
12facility residents required under
42 USC 1396r (e).
AB100, s. 1922
13Section
1922. 49.45 (6m) (ap) of the statutes is created to read:
AB100,832,1814
49.45
(6m) (ap) If the bed occupancy of a nursing home is below the minimum
15patient day occupancy standards that are established by the department under par.
16(ar) (intro.), the department may approve a request by the nursing home to delicense
17any of the nursing home's licensed beds. If the department approves the nursing
18home's request, all of the following apply:
AB100,832,2019
1. The department shall delicense the number of beds in accordance with the
20nursing home's request.
AB100,832,2321
2. The department may not include the number of beds of the nursing home
22that the department delicenses under this paragraph in determining the costs per
23patient day under the minimum patient day occupancy standards under par. (ar).
AB100,832,2524
3. The nursing home may not use or sell a bed that is delicensed under this
25paragraph.
AB100,833,8
14. Every 12 months following the delicensure of a bed under this paragraph,
2for which a nursing home has not resumed licensure under subd. 5., the department
3shall reduce the licensed bed capacity of the nursing home by 10% of all of the nursing
4home's beds that remain delicensed under this paragraph or by 25% of one bed,
5whichever is greater. The department shall reduce the statewide maximum number
6of licensed nursing home beds under s. 150.31 (1) (intro.) by the number or portion
7of a number of beds by which the nursing home's licensed bed capacity is reduced
8under this subdivision.
AB100,833,169
5. A nursing home retains the right to resume licensure of a bed of the nursing
10home that was delicensed under this paragraph unless the licensed bed capacity of
11the nursing home has been reduced by that bed under subd. 4. The nursing home
12may not resume licensure of a fraction of a bed. The nursing home may resume
13licensure 18 months after the nursing home notifies the department in writing that
14the nursing home intends to resume the licensure. If a nursing home resumes
15licensure of a bed under this subdivision, subd. 2 does not apply with respect to that
16bed.
AB100, s. 1923
17Section
1923. 49.45 (6m) (ar) 1. a. of the statutes is amended to read:
AB100,834,418
49.45
(6m) (ar) 1. a. The department shall establish standards for payment of
19allowable direct care costs
, for facilities that do not primarily serve the
20developmentally disabled, that are
at least 110% of not less than the median for
21direct care costs for
a sample of all of those facilities
that do not primarily serve the
22developmentally disabled in this state and separate standards for payment of
23allowable direct care costs
, for facilities that primarily serve the developmentally
24disabled, that are
at least 110% of not less than the median for direct care costs for
25a sample of all of those facilities
primarily serving the developmentally disabled in
1this state. The standards shall be adjusted by the department for regional labor cost
2variations.
The department may decrease the percentage established for the
3standards only if amounts available under par. (ag) (intro.) are insufficient to provide
4total payment under par. (am), less capital costs under subd. 6.
AB100, s. 1924
5Section
1924. 49.45 (6m) (br) 1. of the statutes is amended to read:
AB100,834,156
49.45
(6m) (br) 1. Notwithstanding s. 20.410 (3) (cd), 20.435
(1) (5) (bt) or (bu)
7or (7) (b) or 20.445 (3)
(de) (dz), the department shall reduce allocations of funds to
8counties in the amount of the disallowance from the
appropriations appropriation
9account under s.
20.410 (3) (cd) or 20.435
(1) (5) (bt) or (bu) or (7) (b), or the
10department shall direct the department of industry, labor and job development to
11reduce allocations of funds to counties or Wisconsin works agencies in the amount
12of the disallowance from the appropriation
account under s. 20.445 (3)
(de) or (dz)
or
13direct the department of corrections to reduce allocations of funds to counties in the
14amount of the disallowance from the appropriation account under s. 20.410 (3) (cd),
15in accordance with s. 16.544 to the extent applicable.
AB100, s. 1925
16Section
1925. 49.45 (6s) of the statutes is repealed.
AB100, s. 1926
17Section
1926. 49.45 (6t) (intro.) of the statutes is amended to read:
AB100,835,318
49.45
(6t) County department and local health department operating
19deficit reduction. (intro.) From the appropriation under s. 20.435
(1) (5) (o), for
20reduction of operating deficits, as defined under criteria developed by the
21department, incurred by a county department under s. 46.215, 46.22, 46.23 or 51.42
22or by a local health department, as defined in s. 250.01 (4), for services provided
23under s. 49.46 (2) (a) 4. d. and (b) 6. f., j., k. and L., 9. and 15., for case management
24services under s. 49.46 (2) (b) 12. and for mental health day treatment services for
25minors provided under the authorization under
42 USC 1396d (r) (5), the department
1shall allocate up to $4,500,000 in each fiscal year to these county departments, or
2local health departments as determined by the department, and shall perform all of
3the following: