SB436,108,105
48.685
(8) The department, a county department
, a child welfare agency or a
6school board may charge a fee for obtaining the information required under sub. (2)
7(am) or (3) (a). The fee may not exceed the reasonable cost of obtaining the
8information. No fee may be charged to a nurse's assistant, as defined in s. 146.40 (1)
9(d), for obtaining or maintaining information if to do so would be inconsistent with
10federal law.
SB436, s. 188
11Section
188. 48.69 of the statutes is amended to read:
SB436,109,2
1248.69 Probationary licenses. If Except as provided under s. 48.715 (7), if any
13child welfare agency, shelter care facility, group home or day care center that has not
14been previously issued a license under s. 48.66 (1) applies for a license, meets the
15minimum requirements for a license established under s. 48.67 and pays the
16applicable fee referred to in s. 48.68 (1), the department shall issue a probationary
17license to that child welfare agency, shelter care facility, group home or day care
18center. A probationary license is valid for up to 6 months after the date of issuance
19unless renewed under this section or suspended or revoked under s. 48.715. Before
20a probationary license expires, the department shall inspect the child welfare
21agency, shelter care facility, group home or day care center holding the probationary
22license and,
except as provided under s. 48.715 (7), if the child welfare agency, shelter
23care facility, group home or day care center meets the minimum requirements for a
24license established under s. 48.67, the department shall issue a license under s. 48.66
1(1). A probationary license issued under this section may be renewed for one
26-month period.
SB436, s. 189
3Section
189. 48.715 (7) of the statutes is created to read:
SB436,109,94
48.715
(7) The department shall deny an application for the issuance or
5continuation of a license under s. 48.66 (1) or a probationary license under s. 48.69
6to operate a day care center, or revoke such a license already issued, if the
7department of revenue certifies under s. 73.0301 that the applicant or licensee is
8liable for delinquent taxes. An action taken under this subsection is subject to review
9only as provided under s. 73.0301 (5) and not as provided in s. 48.72.
SB436,109,23
1248.72 Appeal procedure. Any Except as provided in s. 48.715 (7), any person
13aggrieved by the department's refusal or failure to issue, renew or continue a license
14or by any action taken by the department under s. 48.715 has the right to an
15administrative hearing provided for contested cases in ch. 227. To receive an
16administrative hearing under ch. 227, the aggrieved person shall send to the
17department a written request for a hearing under s. 227.44 within 10 days after the
18date of the department's refusal or failure to issue, renew or continue a license or the
19department's action taken under s. 48.715. The department shall hold an
20administrative hearing under s. 227.44 within 30 days after receipt of the request
21for the administrative hearing unless the aggrieved person consents to an extension
22of that time period. Judicial review of the department's decision may be had as
23provided in ch. 227.
SB436, s. 191
24Section
191. 48.75 (1m) of the statutes is created to read:
SB436,110,3
148.75
(1m) Each child welfare agency and public licensing agency shall provide
2the subunit of the department that administers s. 48.685 with information about
3each person who is denied a license for a reason specified in s. 48.685 (2) (a) 1. to 5.
SB436, s. 192
4Section
192. 48.977 (2) (f) of the statutes is amended to read:
SB436,110,135
48.977
(2) (f) That the agency primarily responsible for providing services to
6the child under a court order has made reasonable efforts to make it possible for the
7child to return to his or her home
, while assuring that the child's health and safety
8are the paramount concerns, but that reunification of the child with the child's
9parent or parents is unlikely or contrary to the best interests of the child and that
10further reunification efforts are unlikely to be made or are contrary to the best
11interests of the child
, except that the court need not find that the agency has made
12those reasonable efforts with respect to a parent of the child if any of the
13circumstances specified in s. 48.355 (2d) (b) 1., 2., 3. or 4. apply to that parent.
SB436,110,2516
49.145
(2) (i) The individual is not receiving supplemental security income
17under
42 USC 1381 to
1383c or state supplemental payments under s. 49.77 and, if
18the individual is a dependent child, the custodial parent of the individual does not
19receive a payment on behalf of the individual under s. 49.775.
The department may
20require an individual who receives benefits under s. 49.148 and who has applied for
21supplemental security income under 42 USC 1381 to 1383c to authorize the federal
22social security administration to reimburse the department for the benefits paid to
23the individual under s. 49.148 during the period that the individual was entitled to
24supplemental security income benefits to the extent that retroactive supplemental
25security income benefits are made available to the individual.
SB436,111,113
49.22
(2m) The department may request from any person any information it
4determines appropriate and necessary for the administration of this section, ss.
549.19, 49.46, 49.468 and 49.47 and programs carrying out the purposes of
7 USC 2011 6to
2029. Any person in this state shall provide this information within 7 days after
7receiving a request under this subsection. Except as provided in
sub. subs. (2p)
and
8(2r) and subject to sub. (12), the department or the county child support agency under
9s. 59.53 (5) may disclose information obtained under this subsection only in the
10administration of this section, ss. 49.19, 49.46 and 49.47 and programs carrying out
11the purposes of
7 USC 2011 to
2029.
SB436, s. 195
12Section
195. 49.22 (2r) of the statutes is created to read:
SB436,111,1813
49.22
(2r) The department or a county child support agency under s. 59.53 (5)
14may, to the extent permitted under federal law, disclose information obtained under
15sub. (2m) to the department of revenue for the purposes of locating persons, or the
16assets of persons, who have failed to file tax returns, who have underreported their
17taxable income or who are delinquent taxpayers, identifying fraudulent tax returns
18or providing information for tax-related prosecutions.
SB436, s. 196
19Section
196. 49.22 (3m) of the statutes is created to read:
SB436,111,2420
49.22
(3m) The department, acting as a state location service, shall furnish
21services under sub. (2) upon request to the department of health and family services,
22a county department under s. 46.215, 46.22 or 46.23 or a child welfare agency that
23is administering a program operated under
42 USC 620 to
628b or
42 USC 670 to
24679a.
SB436, s. 197
25Section
197. 49.45 (2) (a) 11. of the statutes is amended to read:
SB436,112,3
149.45
(2) (a) 11. Establish criteria for the certification of eligible providers of
2services under Title XIX of the social security act and
, except as provided in par. (am), 3certify such eligible providers.
SB436, s. 198
4Section
198. 49.45 (2) (a) 12. of the statutes is amended to read:
SB436,112,115
49.45
(2) (a) 12. Decertify or suspend a provider from the medical assistance
6program, if after giving reasonable notice and
, subject to par. (am) 5., opportunity for
7hearing, the department finds that the provider has violated federal or state law or
8administrative rule and such violations are by law, regulation or rule grounds for
9decertification or suspension. No payment may be made under the medical
10assistance program with respect to any service or item furnished by the provider
11subsequent to decertification or during the period of suspension.
SB436, s. 199
12Section
199. 49.45 (2) (a) 21. of the statutes is repealed.
SB436, s. 200
13Section
200. 49.45 (2) (am) of the statutes is created to read:
SB436,112,1814
49.45
(2) (am) 1. The department shall require each applicant for a certification
15under par. (a) 11. to provide the department with his or her social security number,
16if the applicant is an individual, or the applicant's federal employer identification
17number, if the applicant is not an individual, as a condition of issuing or renewing
18any certification under par. (a) 11.
SB436,112,2119
2. The department may not disclose any information received under subd. 1.
20to any person except to the department of revenue for the sole purpose of requesting
21certifications under s. 73.0301.
SB436,112,2422
3. The department shall deny an application for the issuance or renewal of a
23certification under par. (a) 11. if the applicant does not provide the information
24specified in subd. 1.
SB436,113,4
14. The department shall deny an application for the issuance or renewal of a
2certification under par. (a) 11., or shall revoke a certification issued under par. (a) 11.,
3if the department of revenue certifies under s. 73.0301 that the applicant for or
4holder of the certification is liable for delinquent taxes.
SB436,113,75
5. The only hearing rights available for a denial, revocation or nonrenewal of
6any certification issued under par. (a) 11. based on tax delinquency are those set forth
7in s. 73.0301 (5).
SB436, s. 201
8Section
201. 49.45 (6b) (a) of the statutes is amended to read:
SB436,113,109
49.45
(6b) (a) Beginning in fiscal year 1995-96, for relocations from the central
10Wisconsin center for the developmentally disabled, by
$205 $134 per day.
SB436,113,1413
49.45
(6b) (b) Beginning in fiscal year 1997-98, for relocations from the
14northern Wisconsin center for the developmentally disabled, by
$174 $134 per day.
SB436,113,1817
49.45
(6b) (c) Beginning in fiscal year 1997-98, for relocations from the
18southern Wisconsin center for the developmentally disabled, by
$174 $134 per day.
SB436, s. 204
19Section
204. 49.45 (18) (b) 6. of the statutes is amended to read:
SB436,113,2220
49.45
(18) (b) 6. Transportation by common carrier or private motor vehicle, if
21authorized in advance by a county department under s. 46.215 or 46.22
, or by
22specialized medical vehicle.
SB436, s. 205
23Section
205. 49.46 (1m) of the statutes is created to read:
SB436,114,824
49.46
(1m) Pilot project for working recipients of supplemental security
25income or social security disability income. The department shall request that the
1secretary of the federal department of health and human services and the
2commissioner of the federal social security administration waive the income and
3asset requirements for recipients of benefits under federal Title II or XVI to allow the
4department to conduct a pilot project to allow those recipients to work without losing
5eligibility for benefits under federal Title II or XVI or for medical assistance or
6medicare, as defined in s. 49.45 (3) (L) 1. b. If the request is approved, the department
7may implement the program and may require participants in the program to pay, on
8a sliding scale, a copayment for the cost of the program.
SB436,114,1411
49.665
(1) (d) "Family" means
a
an individual; the individual's spouse, if any,
12if the spouse resides in the same household as the individual; and all dependent
13children with respect to whom the individual is a custodial parent
and his or her
14dependent children.
SB436, s. 207
15Section
207. 49.81 (2) of the statutes is amended to read:
SB436,114,2216
49.81
(2) The right to confidentiality of agency records and files on the
17recipient. Nothing in this subsection shall prohibit the use of such records for
18auditing or accounting purposes
or, to the extent permitted under federal law, for the
19purposes of locating persons, or the assets of persons, who have failed to file tax
20returns, who have underreported their taxable income or who are delinquent
21taxpayers, identifying fraudulent tax returns or providing information for
22tax-related prosecutions.
SB436, s. 208
23Section
208. 49.855 (2p) of the statutes is created to read:
SB436,115,3
149.855
(2p) At least annually, the department of corrections shall certify to the
2department of revenue any obligation owed to the department of corrections under
3s. 301.12 if the obligation is rendered to a judgment.
SB436,116,26
49.855
(3) Receipt of a certification by the department of revenue shall
7constitute a lien, equal to the amount certified, on any state tax refunds or credits
8owed to the obligor. The lien shall be foreclosed by the department of revenue as a
9setoff under s. 71.93 (3), (6) and (7). When the department of revenue determines
10that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
11obligor that the state intends to reduce any state tax refund or credit due the obligor
12by the amount the obligor is delinquent under the support or maintenance order, by
13the outstanding amount for past support, medical expenses or birth expenses under
14the court order or by the amount due under s. 46.10 (4)
or 301.12 (4). The notice shall
15provide that within 20 days the obligor may request a hearing before the circuit court
16rendering the order. Within 10 days after receiving a request for hearing under this
17subsection, the court shall set the matter for hearing. Pending further order by the
18court or family court commissioner, the clerk of circuit court or county support
19collection designee under s. 59.53 (5m) is prohibited from disbursing the obligor's
20state tax refund or credit. The family court commissioner may conduct the hearing.
21The sole issues at that hearing shall be whether the obligor owes the amount certified
22and, if not and it is a support or maintenance order, whether the money withheld
23from a tax refund or credit shall be paid to the obligor or held for future support or
24maintenance. An obligor may, within 20 days of receiving notice that the amount
1certified shall be withheld from his or her federal tax refund or credit, request a
2hearing under this subsection.
SB436,117,26
49.855
(3) Receipt of a certification by the department of revenue shall
7constitute a lien, equal to the amount certified, on any state tax refunds or credits
8owed to the obligor. The lien shall be foreclosed by the department of revenue as a
9setoff under s. 71.93 (3), (6) and (7). When the department of revenue determines
10that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
11obligor that the state intends to reduce any state tax refund or credit due the obligor
12by the amount the obligor is delinquent under the support or maintenance order, by
13the outstanding amount for past support, medical expenses or birth expenses under
14the court order or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall
15provide that within 20 days the obligor may request a hearing before the circuit court
16rendering the order. Within 10 days after receiving a request for hearing under this
17subsection, the court shall set the matter for hearing. Pending further order by the
18court or family court commissioner, the department of workforce development or its
19designee, whichever is appropriate, is prohibited from disbursing the obligor's state
20tax refund or credit. The family court commissioner may conduct the hearing. The
21sole issues at that hearing shall be whether the obligor owes the amount certified
22and, if not and it is a support or maintenance order, whether the money withheld
23from a tax refund or credit shall be paid to the obligor or held for future support or
24maintenance. An obligor may, within 20 days of receiving notice that the amount
1certified shall be withheld from his or her federal tax refund or credit, request a
2hearing under this subsection.
SB436,118,35
49.855
(4m) (b) The department of revenue may provide a certification that it
6receives under sub. (2)
or, (2m)
or (2p) to the department of administration. Upon
7receipt of the certification, the department of administration shall determine
8whether the obligor is a vendor or is receiving any other payments from this state,
9except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s.
1045.351 (1), this chapter or ch. 46
or, 108
or 301. If the department of administration
11determines that the obligor is a vendor or is receiving payments from this state,
12except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s.
1345.351 (1), this chapter or ch. 46
or, 108
or 301, it shall begin to withhold the amount
14certified from those payments and shall notify the obligor that the state intends to
15reduce any payments due the obligor by the amount the obligor is delinquent under
16the support or maintenance order, by the outstanding amount for past support,
17medical expenses or birth expenses under the court order or by the amount due under
18s. 46.10 (4)
or 301.12 (4). The notice shall provide that within 20 days after receipt
19of the notice the obligor may request a hearing before the circuit court rendering the
20order. An obligor may, within 20 days after receiving notice, request a hearing under
21this paragraph. Within 10 days after receiving a request for hearing under this
22paragraph, the court shall set the matter for hearing. The family court commissioner
23may conduct the hearing. Pending further order by the court or family court
24commissioner, the clerk of circuit court or county support collection designee under
25s. 59.53 (5m) may not disburse the payments withheld from the obligor. The sole
1issues at the hearing are whether the obligor owes the amount certified and, if not
2and it is a support or maintenance order, whether the money withheld shall be paid
3to the obligor or held for future support or maintenance.
SB436,119,57
49.855
(4m) (b) The department of revenue may provide a certification that it
8receives under sub. (1), (2m) or (2p) to the department of administration. Upon
9receipt of the certification, the department of administration shall determine
10whether the obligor is a vendor or is receiving any other payments from this state,
11except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s.
1245.351 (1), this chapter or ch. 46, 108 or 301. If the department of administration
13determines that the obligor is a vendor or is receiving payments from this state,
14except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s.
1545.351 (1), this chapter or ch. 46, 108 or 301, it shall begin to withhold the amount
16certified from those payments and shall notify the obligor that the state intends to
17reduce any payments due the obligor by the amount the obligor is delinquent under
18the support or maintenance order, by the outstanding amount for past support,
19medical expenses or birth expenses under the court order or by the amount due under
20s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days after receipt
21of the notice the obligor may request a hearing before the circuit court rendering the
22order. An obligor may, within 20 days after receiving notice, request a hearing under
23this paragraph. Within 10 days after receiving a request for hearing under this
24paragraph, the court shall set the matter for hearing. The family court commissioner
25may conduct the hearing. Pending further order by the court or family court
1commissioner, the department of workforce development or its designee, whichever
2is appropriate, may not disburse the payments withheld from the obligor. The sole
3issues at the hearing are whether the obligor owes the amount certified and, if not
4and it is a support or maintenance order, whether the money withheld shall be paid
5to the obligor or held for future support or maintenance.
SB436,119,148
49.855
(4m) (c) Except as provided by order of the court after hearing under
9par. (b), the department of administration shall continue withholding until the
10amount certified is recovered in full. The department of administration shall
11transfer the amounts withheld under this paragraph to the department of workforce
12development for distribution to the appropriate clerk of court, county support
13collection designee under s. 59.53 (5m)
or, department of health and family services
14or department of corrections, whichever is appropriate.
SB436,119,2517
49.855
(4m) (c) Except as provided by order of the court after hearing under
18par. (b), the department of administration shall continue withholding until the
19amount certified is recovered in full. The department of administration shall
20transfer the amounts withheld under this paragraph to the department of workforce
21development or its designee, the department of health and family services or the
22department of corrections, whichever is appropriate. The department of workforce
23development or its designee shall distribute amounts withheld for delinquent child
24or family support or maintenance or past support, medical expenses or birth
25expenses to the obligee.
SB436, s. 215
1Section
215. 50.01 (1) (b) of the statutes is amended to read:
SB436,120,72
50.01
(1) (b) A place
that meets the definition under sub. (1g), except sub. (1g)
3(e), and except that only where 3 or 4
unrelated adults reside there adults who are
4not related to the operator reside and receive care, treatment or services that are
5above the level of room and board and that may include intermediate level nursing
6care. "Adult family home" does not include a place that is specified in sub. (1g) (a)
7to (d), (f) or (g).
SB436, s. 216
8Section
216. 50.01 (1e) of the statutes is created to read:
SB436,120,109
50.01
(1e) "Basic care" includes periodic skilled nursing services or physical,
10emotional, social or restorative care.
SB436, s. 217
11Section
217. 50.01 (1g) (intro.) of the statutes is amended to read:
SB436,120,1912
50.01
(1g) (intro.) "Community-based residential facility" means a place
13where 5 or more
unrelated adults reside in which
adults who are not related to the
14operator or administrator and who do not require care above intermediate level
15nursing care reside and receive care, treatment or services
that are above the level
16of room and board but
not including that include no more than 3 hours of nursing care
17are provided to persons residing in the facility as a primary function of the facility
18per week per resident. "Community-based residential facility" does not include any
19of the following:
SB436, s. 218
20Section
218. 50.01 (1t) of the statutes is created to read:
SB436,120,2321
50.01
(1t) "Intermediate level nursing care" means basic care that is required
22by a person who has a long-term illness or disability that has reached a relatively
23stable plateau.
SB436, s. 219
24Section
219. 50.01 (2m) of the statutes is created to read:
SB436,121,3
150.01
(2m) "Nursing care" means nursing procedures, other than personal
2care, that are permitted to be performed by a registered nurse under s. 441.01 (3) or
3by a licensed practical nurse under s. 441.11 (3), directly on or to a resident.
SB436, s. 220
4Section
220. 50.01 (3) (intro.) of the statutes is amended to read:
SB436,121,115
50.01
(3) (intro.) "Nursing home" means a place
which provides 24-hour
6services including board and room to 3 or more unrelated residents who where 5 or
7more persons who are not related to the operator or administrator reside, receive care
8or treatment and, because of their mental or physical condition
require nursing care
9or personal care in excess of 7 hours a week, require access to 24-hour nursing
10services, including limited nursing care, intermediate level nursing care and skilled
11nursing services. "Nursing home" does not include any of the following:
SB436, s. 221
12Section
221. 50.01 (4m) of the statutes is amended to read:
SB436,121,1513
50.01
(4m) "Operator" means any person licensed or required to be licensed
14under s. 50.03 (1)
or a person who operates an adult family home that is licensed
15under s. 50.033 (1m) (b).
SB436, s. 222
16Section
222. 50.01 (4o) of the statutes is amended to read:
SB436,121,1817
50.01
(4o) "Personal care" means assistance with the activities of daily living,
18such as eating, dressing, bathing and ambulation
, but does not include nursing care.
SB436, s. 223
19Section
223. 50.01 (5) of the statutes is repealed.
SB436, s. 224
20Section
224. 50.01 (6) of the statutes is amended to read:
SB436,121,2321
50.01
(6) "Resident" means a person
who is cared for or treated in
any and is
22not discharged from a nursing home
or ,community-based residential facility
or
23adult family home, irrespective of how admitted.
SB436, s. 225
24Section
225. 50.01 (6v) of the statutes is created to read:
SB436,122,2
150.01
(6v) "Skilled nursing services" means those services, to which all of the
2following apply, that are provided to a resident under a physician's orders:
SB436,122,53
(a) The services require the skills of and are provided directly by or under the
4supervision of a person whose licensed, registered, certified or permitted scope of
5practice is at least equivalent to that of a licensed practical nurse.
SB436,122,66
(b) Any of the following circumstances exist:
SB436,122,97
1. The inherent complexity of a service prescribed for a resident is such that
8it can be safely and effectively performed only by or under the supervision of
9registered nurses or licensed practical nurses.
SB436,122,1210
2. The full recovery or medical improvement of the resident is not possible, but
11the services are needed to prevent, to the extent possible, deterioration of the
12resident's condition or to sustain current capacities of the resident.
SB436,122,1613
3. Because of special medical complications, performing or supervising a
14service that is generally unskilled or observing the resident necessitates the use of
15a person whose licensed, registered, certified or permitted scope of practice is at least
16equivalent to that of a licensed practical nurse.
SB436, s. 226
17Section
226. 50.035 (10) of the statutes is created to read:
SB436,122,2118
50.035
(10) Exceptions to care limitations. (a)
Notwithstanding the
19limitations on the type of care that may be required by and provided to residents
20under s. 50.01 (1g) (intro.), the following care may be provided in a community-based
21residential facility under the following circumstances:
SB436,123,222
1. Subject to par. (b), a community-based residential facility may provide more
23than 3 hours of nursing care per week or care above intermediate level nursing care
24for not more than 30 days to a resident who does not have a terminal illness but who
1has a temporary condition that requires the care, if all of the following conditions
2apply:
SB436,123,43
a. The resident is otherwise appropriate for the level of care that is limited in
4a community-based residential facility under s. 50.01 (1g) (intro.).
SB436,123,65
b. The services necessary to treat the resident's condition are available in the
6community-based residential facility.