SB45: Bill Text

SB45,712,7 (n) Within 20 days after the service of the levy upon a 3rd party, the 3rd party shall file an answer with the department stating whether the 3rd party is in possession of or obligated with respect to property or rights to property of the debtor, including a description of the property or the rights to property and the nature and dollar amount of any such obligation.

SB45,712,10 (p) A levy is effective from the date on which the levy is first served on the 3rd party until the liability out of which the levy arose is satisfied, until the levy is released or until one year from the date of service, whichever occurs first.

SB45,712,12 (q) 1. The debtor is entitled to an exemption from levy of the greater of the following:

SB45,712,14 a. A subsistence allowance of 75% of the debtor's disposable earnings then due and owing.

SB45,712,19 b. An amount equal to 30 times the federal minimum hourly wage for each full week of the debtor's pay period; or, in the case of earnings for a period other than a week, a subsistence allowance computed so that it is equivalent to that amount using a multiple of the federal minimum hourly wage prescribed by the department by rule.

SB45,712,21 2. The first $1,000 of an account in a depository institution is exempt from any levy to recover a benefit overpayment.

SB45,713,2 (r) No employer may discharge or otherwise discriminate with respect to the terms and conditions of employment against any employe by reason of the fact that his or her earnings have been subject to levy for any one levy or because of compliance with any provision of this subsection. Any person who violates this paragraph may be fined not more than $1,000 or imprisoned for not more than one year or both.

SB45,713,7 (s) Any debtor who is subject to a levy proceeding made by the department has the right to appeal the levy proceeding under ch. 227.44. The appeal is limited to questions of prior payment of the debt that the department is proceeding against, and mistaken identity of the debtor. The levy is not stayed pending an appeal in any case where property is secured through the levy.

SB45,713,10 (t) Any 3rd party is entitled to a levy fee of $5 for each levy in any case where property is secured through the levy. The 3rd party shall deduct the fee from the proceeds of the levy.

SB45, s. 1343 Section 1343. 49.195 (3n) (k) of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

SB45,713,18 49.195 (3n) (k) Any person who removes, deposits or conceals or aids in removing, depositing or concealing any property upon which a levy is authorized under this subsection with intent to evade or defeat the assessment or collection of any debt may be fined not more than $5,000 or imprisoned for not more than 3 years 4 years and 6 months or both, and shall be liable to the state for the costs of prosecution.

SB45, s. 1344 Section 1344. 49.195 (3n) (r) of the statutes, as created by 1999 Wisconsin Act .... (this act), is amended to read:

SB45,714,2 49.195 (3n) (r) No employer may discharge or otherwise discriminate with respect to the terms and conditions of employment against any employe by reason of the fact that his or her earnings have been subject to levy for any one levy or because of compliance with any provision of this subsection. Any person who violates this paragraph may be fined not more than $1,000 or imprisoned for not more than one year 2 years or both.

SB45, s. 1345 Section 1345. 49.195 (3p) of the statutes is created to read:

SB45,714,5 49.195 (3p) The availability of the remedies under subs. (3m) and (3n) does not abridge the right of the department to pursue other remedies.

SB45, s. 1346 Section 1346. 49.195 (3r) of the statutes is created to read:

SB45,714,10 49.195 (3r) From the appropriation under s. 20.445 (3) (L) the department may contract with or employ a collection agency or other person to enforce a repayment obligation of a person who is found liable under sub. (3) who is delinquent in making repayments.

SB45, s. 1347 Section 1347. 49.20 of the statutes is repealed.

SB45, s. 1348 Section 1348. 49.21 of the statutes is repealed.

SB45, s. 1349 Section 1349. 49.23 (1) of the statutes is amended to read:

SB45,715,4 49.23 (1) From the appropriation under s. 20.445 (3) (cb) (k), the department shall award grants to counties for programs to revise child support orders. Each county receiving a grant shall review child support orders awarded to persons who receive benefits under s. 48.57 (3m) or (3n) or 49.148 or whose children receive benefits under s. 49.19 and to persons who do not receive benefits under s. 48.57 (3m) or (3n) or 49.148 and whose children do not receive benefits under s. 49.19 and shall initiate actions to revise the orders based on that review. Each county receiving a grant shall review child support orders awarded to persons who receive benefits under s. 48.57 (3m) or (3n) or 49.148 or whose children receive benefits under s. 49.19 and child support orders awarded to persons who do not receive benefits under s. 48.57 (3m) or (3n) or 49.148 and whose children do not receive benefits under s. 49.19 in proportion to the number of those 2 categories of orders in the county's child support case load. Before a county may initiate an action to revise a child support order under this subsection for a person who does not receive benefits under s. 48.57 (3m) or (3n) or 49.148 and whose children do not receive benefits under s. 49.19, the custodial parent of the children must voluntarily consent to the revision.

SB45, s. 1350 Section 1350. 49.23 (2) (a) (intro.) of the statutes is amended to read:

SB45,715,10 49.23 (2) (a) (intro.) From the appropriation under s. 20.445 (3) (cb) (k), the department shall provide state incentive payments, in a total amount of not less than $259,000 in each fiscal year, to counties that meet the child support collection and child support administrative efficiency criteria, according to a distribution formula determined by the department that does all of the following:

SB45, s. 1351 Section 1351. 49.23 (2) (a) 3. of the statutes is repealed.

SB45, s. 1352 Section 1352. 49.24 (1) of the statutes, as affected by 1997 Wisconsin Act 27, section 1882n, is amended to read:

SB45,715,18 49.24 (1) From the appropriation under s. 20.445 (3) (k), the department shall provide child support incentive payments to counties to offset reduced federal child support incentive payments. Total payments under this subsection may not exceed $3,178,000 $3,850,000 in fiscal year 1997-98 1999-2000 or $3,850,000 in fiscal year 1998-99 2000-01.

SB45, s. 1353 Section 1353. 49.25 of the statutes is repealed.

SB45, s. 1354 Section 1354. 49.26 (1) (h) 1. as. of the statutes is amended to read:

SB45,716,2 49.26 (1) (h) 1. as. The individual has failed to request a hearing or has failed to show good cause for not cooperating with case management efforts in a hearing. If the individual is a recipient of aid under s. 49.19, the hearing shall be requested and held under s. 49.21 (1). If the individual is a member of a Wisconsin works group, as defined in s. 49.141 (1) (s), the The hearing shall be requested and held under s. 49.152. The department shall determine by rule the criteria for good cause.

SB45, s. 1355 Section 1355. 49.27 of the statutes is repealed.

SB45, s. 1356 Section 1356. 49.30 (1m) (c) of the statutes is created to read:

SB45,716,8 49.30 (1m) (c) If a request for payment under sub. (1) is made more than 12 months after the death of the recipient, the county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for cemetery, funeral or burial expenses.

SB45, s. 1357 Section 1357. 49.36 (2) of the statutes is amended to read:

SB45,716,17 49.36 (2) The department may contract with any county or Wisconsin works agency to administer a work experience and job training program for parents who are not custodial parents and who fail to pay child support or to meet their children's needs for support as a result of unemployment or underemployment. The program may provide the kinds of work experience and job training services available from the program under s. 49.193, 1997 stats., or s. 49.147 (3) or (4). The program may also include job search and job orientation activities. The department shall fund the program from the appropriation under s. 20.445 (3) (dz).

SB45, s. 1358 Section 1358. 49.36 (3) (g) of the statutes is repealed.

SB45, s. 1359 Section 1359. 49.36 (7) of the statutes is amended to read:

SB45,716,24 49.36 (7) The department shall pay a county or Wisconsin works agency $200 $400 for each person who participates in the program under this section in the region in which the county or Wisconsin works agency administers the program under this section. The county or Wisconsin works agency shall pay any additional costs of the program.

SB45, s. 1360 Section 1360. 49.37 of the statutes is repealed.

SB45, s. 1361 Section 1361. 49.43 (8) of the statutes is amended to read:

SB45,717,4 49.43 (8) "Medical assistance" means any services or items under ss. 49.45 to 49.47 49.472, except s. 49.472 (6), and under ss. 49.49 to 49.497, or any payment or reimbursement made for such services or items.

SB45, s. 1362 Section 1362. 49.45 (2) (a) 4. of the statutes is amended to read:

SB45,717,9 49.45 (2) (a) 4. To the extent funds are available under s. 20.435 (1) (4) (bm), certify all proper charges and claims for administrative services to the department of administration for payment and the department of administration shall draw its warrant forthwith.

SB45, s. 1363 Section 1363. 49.45 (2) (a) 9. of the statutes is amended to read:

SB45,717,12 49.45 (2) (a) 9. Periodically set forth prescribe conditions of participation and terms of reimbursement in a contract with provider of service under this section.

SB45, s. 1364 Section 1364. 49.45 (2) (a) 10. of the statutes is renumbered 49.45 (2) (a) 10. a. and amended to read:

SB45,717,20 49.45 (2) (a) 10. a. After reasonable notice and opportunity for hearing, recover Recover money improperly or erroneously paid, or overpayments to a provider either by offsetting or adjusting amounts owed the provider under the program, crediting against a provider's future claims for reimbursement for other services or items furnished by the provider under the program, or by or requiring the provider to make direct payment to the department or its fiscal intermediary.

SB45, s. 1365 Section 1365. 49.45 (2) (a) 10. b. of the statutes is created to read:

SB45,717,25 49.45 (2) (a) 10. b. Promptly afford the provider an opportunity to present information and argument regarding a recovery imposed under this subdivision, but the department need not stay collection of the amount to be recovered pending that opportunity.

SB45, s. 1366 Section 1366. 49.45 (2) (a) 10. c. of the statutes is created to read:

SB45,718,5 49.45 (2) (a) 10. c. Establish a deadline for payment of a recovery imposed under this subdivision and, if a provider fails to pay all of the amount to be recovered by the deadline, require payment by the provider of interest on any delinquent amount at the rate of 1% per month or fraction of a month from the date of the overpayment.

SB45, s. 1367 Section 1367. 49.45 (2) (a) 11. of the statutes is amended to read:

SB45,718,10 49.45 (2) (a) 11. Establish criteria for the certification of eligible providers of services under Title XIX of the social security act medical assistance and, except as provided in par. (b) 6. and 7. and s. 49.48, certify such eligible providers who meet the criteria.

SB45, s. 1368 Section 1368. 49.45 (2) (a) 12. of the statutes is amended to read:

SB45,718,25 49.45 (2) (a) 12. Decertify or suspend under this subdivision a provider from or restrict a provider's participation in the medical assistance program, if after giving reasonable notice and opportunity for hearing, the department finds that the provider has violated a federal statute or regulation or a state law statute or administrative rule and such violations are the violation is by law statute, regulation or rule grounds for decertification or suspension restriction. The department shall suspend the provider pending the hearing under this subdivision if the department includes in its decertification notice findings that the provider's continued participation in the medical assistance program pending hearing is likely to lead to the irretrievable loss of public funds and is unnecessary to provide adequate access to services to medical assistance recipients. As soon as practicable after the hearing, the department shall issue a written decision. No payment may be made under the medical assistance program with respect to any service or item furnished by the provider subsequent to decertification or during the period of suspension.

SB45, s. 1369 Section 1369. 49.45 (2) (a) 13. of the statutes is amended to read:

SB45,719,5 49.45 (2) (a) 13. Impose additional sanctions for noncompliance with the conditions of participation and terms of provider agreements reimbursement under subd. 9. or certification criteria established under subd. 11. and, if prescribed by the department, under par. (b) 6. or 7.

SB45, s. 1370 Section 1370. 49.45 (2) (a) 14. of the statutes is repealed.

SB45, s. 1371 Section 1371. 49.45 (2) (a) 17. of the statutes is amended to read:

SB45,719,11 49.45 (2) (a) 17. Notify the governor, the joint committee on legislative organization, the joint committee on finance and appropriate standing committees, as determined by the presiding officer of each house, if the appropriation under s. 20.435 (5) (4) (b) is insufficient to provide the state share of medical assistance.

SB45, s. 1372 Section 1372. 49.45 (2) (b) 6. of the statutes is created to read:

SB45,719,17 49.45 (2) (b) 6. Prescribe criteria for certification of providers of medical assistance that limit the number of providers of particular services or that limit the amount of resources, including employes and equipment, that a certified provider may use to provide particular services to medical assistance recipients, if the department finds all of the following:

SB45,719,20 a. That existing certified providers and resources provide services that are adequate in quality and amount to meet the need of medical assistance recipients for the particular services.

SB45,719,22 b. That the potential for medical assistance fraud or abuse exists if additional providers are certified or additional resources are used by certified providers.

SB45, s. 1373 Section 1373. 49.45 (2) (b) 7. of the statutes is created to read:

SB45,720,11 49.45 (2) (b) 7. Require, as a condition of certification under par. (a) 11., all providers of a specific service that is among those enumerated under s. 49.46 (2) (b) or 49.47 (6) (a), as specified in this subdivision, to file with the department a surety bond issued by a surety company licensed to do business in this state. Providers subject to this subdivision provide those services specified under s. 49.46 (2) (b) or 49.47 (6) (a) for which providers have demonstrated significant potential to violate s. 49.489 (2) or (3) or 49.49 (1) (a), (2) (a) or (b), (3), (3m) (a), (3p), (4) (a) or (4m) (a), to require recovery under par. (a) 10. or to need additional sanctions under par. (a) 13. The surety bond shall be payable to the department and in an amount that would reasonably pay the amount of a recovery and the department's costs to pursue recovery under par. (a) 10. or to investigate and pursue allegations of violations of s. 49.489 or 49.49. The department shall promulgate rules under this subdivision that specify all of the following:

SB45,720,15 a. Services under medical assistance for which providers have demonstrated significant potential to violate s. 49.489 (2) or (3) or 49.49 (1) (a), (2) (a) or (b), (3), (3m) (a), (3p), (4) (a) or (4m) (a), to require recovery under par. (a) 10. or to need additional sanctions under par. (a) 13.

SB45,720,16 b. The amount or amounts of the surety bonds.

SB45,720,19 c. Terms of the surety bond, including amounts, if any, without interest to be refunded to the provider upon withdrawal or decertification from the medical assistance program.

SB45, s. 1374 Section 1374. 49.45 (3) (ag) of the statutes is amended to read:

SB45,720,23 49.45 (3) (ag) Reimbursement shall be made to each entity contracted with under s. 46.271 (2m) 46.281 (1) (d) for assessments completed functional screens performed under s. 46.271 (2m) (a) 2. 46.281 (1) (d).

SB45, s. 1375 Section 1375. 49.45 (3) (am) 1. of the statutes is amended to read:

SB45,721,5 49.45 (3) (am) 1. From the appropriation under s. 20.435 (1) (4) (bm), the department shall make incentive payments to counties to encourage counties to identify medical assistance applicants and recipients who have other health care coverage and the providers of the health care coverage and give that information to the department.

SB45, s. 1376 Section 1376. 49.45 (3) (f) 3. of the statutes is amended to read:

SB45,721,10 49.45 (3) (f) 3. Contractors under sub. (2) (b) shall maintain records as required by the department for audit purposes. Contractors Upon request of the department, contractors shall immediately provide the department access to the records upon request of the department, and, which the department may audit the records.

SB45, s. 1377 Section 1377. 49.45 (3) (g) of the statutes is amended to read:

SB45,722,8 49.45 (3) (g) The secretary may appoint authorize personnel to audit or investigate and report to the department on any matter involving violations or complaints alleging violations of laws statutes, regulations, or rules applicable to Title XIX of the federal social security act or the medical assistance program and to perform such investigations or audits as are required to verify the actual provision of services or items available under the medical assistance program and the appropriateness and accuracy of claims for reimbursement submitted by providers participating in the program. Department employes appointed authorized by the secretary under this paragraph shall be issued, and shall possess at all times during which while they are performing their investigatory or audit functions under this section, identification, signed by the secretary which, that specifically designates the bearer as possessing the authorization to conduct medical assistance investigations or audits. Pursuant to Under the request of a designated person and upon presentation of that the person's authorization, providers and medical assistance recipients shall immediately accord such the person access to any provider personnel, records, books, recipient medical records, or documents or other information needed. Under the written request of a designated person and upon presentation of the person's authorization, providers and recipients shall immediately accord the person access to any needed patient health care records of a recipient. Authorized employes shall have authority to may hold hearings, administer oaths, take testimony and perform all other duties necessary to bring such the matter before the department for final adjudication and determination.

SB45, s. 1378 Section 1378. 49.45 (3) (h) 1. of the statutes is repealed.

SB45, s. 1379 Section 1379. 49.45 (3) (h) 2. of the statutes is repealed.

SB45, s. 1380 Section 1380. 49.45 (3) (h) 3. of the statutes is renumbered 49.45 (3) (h) and amended to read:

SB45,722,21 49.45 (3) (h) The failure or refusal of a person to purge himself or herself of contempt found under s. 885.12 and perform the act as required by law shall constitute provider immediately to accord department auditors under par. (f) 3. or investigators under par. (g) access to any provider personnel, records, books, patient health care records of medical assistance recipients or documents or other information requested constitutes grounds for decertification or suspension of that person the provider from participation in the medical assistance program and no payment may be made for services rendered by that person subsequent to the provider following decertification or during the period of suspension.

SB45, s. 1381 Section 1381. 49.45 (3) (j) of the statutes is amended to read:

SB45,722,24 49.45 (3) (j) Reimbursement for administrative contract costs under this section is limited to the funds available under s. 20.435 (1) (4) (bm).

SB45, s. 1382 Section 1382. 49.45 (5m) (a) of the statutes is renumbered 49.45 (5m) (am) and amended to read:

SB45,723,10 49.45 (5m) (am) Notwithstanding sub. (3) (e), from the appropriations under s. 20.435 (5) (4) (b) and (o) the department shall distribute not more than $2,256,000 in each fiscal year, to provide supplemental funds to rural hospitals that, as determined by the department, have high utilization of inpatient services by patients whose care is provided from governmental sources, and to provide supplemental funds to critical access hospitals, except that the department may not distribute funds to a rural hospital or to a critical access hospital to the extent that the distribution would exceed any limitation under 42 USC 1396b (i) (3).

SB45, s. 1383 Section 1383. 49.45 (5m) (ag) of the statutes is created to read:

SB45,723,13 49.45 (5m) (ag) In this subsection, "critical access hospital" has the meaning given in s. 50.33 (1g).

SB45, s. 1384 Section 1384. 49.45 (5m) (b) of the statutes is amended to read:

SB45,723,18 49.45 (5m) (b) The supplemental funding for rural hospitals under par. (a) (am) shall be based on the utilization, by recipients of medical assistance, of the total inpatient days of a rural hospital in relation to that utilization in other rural hospitals.

SB45, s. 1385 Section 1385. 49.45 (6b) (intro.) of the statutes is renumbered 49.45 (6b) and amended to read: