Amendment ASA1-AB100

AB100-ASA1,508,13 49.665 (7) Employer verification forms; forfeiture and penalty assessment. (a) 1. Notwithstanding sub. (4) (a) 3m., the department shall mail information verification forms to the employers of the individuals required to provide the verifications under sub. (4) (a) 3m. to obtain the information specified.

AB100-ASA1,508,17 2. An employer that receives a verification form shall complete the form and return it to the department, by mail, with a postmark that is not more than 30 working days after the date on which the department mailed the form to the employer.

AB100-ASA1,508,23 3. As an alternative to the method under subd. 2., an employer may, within 30 working days after the date on which the department mailed the form to the employer, return the completed form to the department by any electronic means approved by the department. The department must be able to determine, or the employer must be able to verify, the date on which the form was sent to the department electronically.

AB100-ASA1,509,3 (b) 1. Subject to subd. 3., an employer that does not comply with the requirements under par. (a) 2. or 3. shall be required to pay a forfeiture of $50 for each verification form not returned in compliance with par. (a) 2. or 3.

AB100-ASA1,509,5 2. Subject to subd. 3., whenever the department imposes a forfeiture under subd. 1., the department shall also levy a penalty assessment of $50.

AB100-ASA1,509,10 3. An employer with fewer than 250 employees may not be required to pay more than $1,000 in forfeitures and penalty assessments under this paragraph in any 6-month period. An employer with 250 or more employees may not be required to pay more than $15,000 in forfeitures and penalty assessments under this paragraph in any 6-month period.

AB100-ASA1,509,13 4. All penalty assessments collected under subd. 2. shall be credited to the appropriation account under s. 20.435 (4) (jz) and all forfeitures collected under subd. 1. shall be credited to the common school fund.

AB100-ASA1,509,17 (c) An employer may contest an assessment of forfeiture or penalty assessment under par. (b) by sending a written request for hearing to the division of hearings and appeals in the department of administration. Proceedings before the division are governed by ch. 227.

AB100-ASA1, s. 1186c Section 1186c. 49.665 (7) (a) 1. of the statutes, as created by 2005 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1,509,23 49.665 (7) (a) 1. Notwithstanding sub. (4) (a) 3m. and (ap) 2., the department shall mail information verification forms to the employers of the individuals required to provide the verifications under sub. (4) (a) 3m. and (ap) 2. to obtain the information specified.

AB100-ASA1, s. 1188 Section 1188. 49.77 (6) of the statutes is created to read:

AB100-ASA1,510,3 49.77 (6) Authority to administer; rules. The department shall administer this section and s. 49.775, and may promulgate rules to guide the administration of eligibility determinations and benefits payments.

AB100-ASA1, s. 1188d Section 1188d. 49.77 (7) of the statutes is created to read:

AB100-ASA1,510,11 49.77 (7) Joint finance supplemental funding. The department may request the joint committee on finance to provide supplemental funding under s. 13.101 (3) for the appropriation under s. 20.435 (7) (ed) if the department determines that the amounts appropriated under s. 20.435 (7) (ed) are insufficient to fully support benefit costs under this section. Notwithstanding s. 13.101 (3) (a) 1., the committee may provide supplemental funding under this subsection without finding that an emergency exists.

AB100-ASA1, s. 1188p Section 1188p. 49.775 (2) (bm) of the statutes is amended to read:

AB100-ASA1,510,21 49.775 (2) (bm) The custodial parent assigns to the state any right of the custodial parent or of the dependent child to support from any other person. No amount of support that begins to accrue after the individual ceases to receive payments under this section may be considered assigned to the state. Any money that is received by the department of workforce development under an assignment to the state under this paragraph and that is not the federal share of support shall be paid to the custodial parent. The department of workforce development shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.

AB100-ASA1, s. 1189 Section 1189. 49.78 (8) (a) of the statutes is amended to read:

AB100-ASA1,511,7 49.78 (8) (a) From the appropriation accounts under s. 20.435 (4) (bn) and, (nn), and (y) and subject to par. (b), the department shall reimburse each county and tribal governing body that contracts with the department under sub. (2) for reasonable costs of administering the income maintenance programs. The amount of each reimbursement paid under this paragraph shall be calculated using a formula based on workload within the limits of available state and federal funds under s. 20.435 (4) (bn) and, (nn), and (y) by contract under sub. (2). The amount of reimbursement calculated under this paragraph and par. (b) is in addition to any reimbursement provided to a county or tribal governing body for fraud and error reduction under s. 49.197 (1m) and (4) or 49.845.

AB100-ASA1, s. 1189m Section 1189m. 49.78 (8) (a) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1,511,19 49.78 (8) (a) From the appropriation accounts under s. 20.435 (4) (bn), and (nn), and (y) and subject to par. (b), the department shall reimburse each county and tribal governing body that contracts with the department under sub. (2) for reasonable costs of administering the income maintenance programs. The amount of each reimbursement paid under this paragraph shall be calculated using a formula based on workload within the limits of available state and federal funds under s. 20.435 (4) (bn), and (nn), and (y) by contract under sub. (2). The amount of reimbursement calculated under this paragraph and par. (b) is in addition to any reimbursement provided to a county or tribal governing body for fraud and error reduction under s. 49.197 or 49.845.

AB100-ASA1, s. 1190 Section 1190. 49.78 (11) of the statutes is created to read:

AB100-ASA1,512,8 49.78 (11) Requirement to provide information. (a) 1. The department, a county department under s. 46.215, 46.22, or 46.23, or a tribal governing body may request from any person in this state information it determines appropriate and necessary for determining or verifying eligibility or benefits for a recipient under any income maintenance program. Unless access to the information is prohibited or restricted by law, or unless the person has good cause, as determined by the department in accordance with federal law and regulations, for refusing to cooperate, the person shall make a good faith effort to provide the information within 7 days after receiving a request under this paragraph. The department, county department, or tribal governing body, or employees of any of them, may not disclose information obtained under this subdivision for any purpose not connected with the administration of the income maintenance program for which the information was requested.

AB100-ASA1,512,12 2. In conjunction with any request for information under subd. 1., including a request made by subpoena under par. (b), the department, county department, or tribal governing body shall advise the person of the time by which the information must be provided.

AB100-ASA1,512,17 (b) The department, a county department, or a tribal governing body may issue a subpoena, in substantially the form authorized under s. 885.02, to compel the production of financial information or other documentary evidence for determining or verifying eligibility or benefits for a recipient under any income maintenance program.

AB100-ASA1,512,18 (c) A person is not liable to any person for any of the following:

AB100-ASA1,512,21 1. Allowing access to financial or other records by the department, a county department, or a tribal governing body in response to a request under par. (a) or a subpoena described in par. (b).

AB100-ASA1,512,24 2. Disclosing information from financial or other records to the department, a county department, or a tribal governing body in response to a request under par. (a) or a subpoena described in par. (b).

AB100-ASA1,513,5 3. Any other action taken in good faith to comply with this subsection or a subpoena described in par. (b) or to comply with a request for information or access to records from the department, a county department, or a tribal governing body for determining or verifying eligibility or benefits for a recipient under any income maintenance program.

AB100-ASA1, s. 1191 Section 1191. 49.785 (2) of the statutes is amended to read:

AB100-ASA1,513,17 49.785 (2) From the appropriation under s. 20.435 (4) (bn), the department shall reimburse a county or applicable tribal governing body or organization for any amount that the county or applicable tribal governing body or organization is required to pay under sub. (1) if the county or applicable tribal governing body or organization complies with sub. (3). From the appropriation under s. 20.435 (4) (bn), the department shall reimburse a county or applicable tribal governing body or organization for cemetery expenses or for funeral and burial expenses for persons a person described under sub. (1) that the county or applicable tribal governing body or organization is not required to pay under subs. (1) and (1m) only if the department approves the reimbursement due to unusual circumstances and if the county or applicable tribal governing body or organization complies with sub. (3).

AB100-ASA1, s. 1191c Section 1191c. 49.785 (3) of the statutes is created to read:

AB100-ASA1,513,22 49.785 (3) As a condition for reimbursement under sub. (2) for amounts paid on behalf of a deceased recipient, a county or applicable tribal governing body or organization shall provide to the department all of the following information with respect to the deceased recipient:

AB100-ASA1,513,23 (a) The total cemetery expenses.

AB100-ASA1,513,24 (b) The total funeral and burial expenses.

AB100-ASA1,514,3 (c) The total amount of each of the expenses under pars. (a) and (b) that the county or tribal governing body or organization paid on behalf of the deceased recipient.

AB100-ASA1, s. 1192 Section 1192. 49.79 (9) of the statutes is repealed.

AB100-ASA1, s. 1193 Section 1193. 49.82 (2) of the statutes is amended to read:

AB100-ASA1,514,11 49.82 (2) Eligibility verification. Proof shall be provided for each person included in an application for public assistance under this chapter, except for a child who is eligible for medical assistance under s. 49.46 or 49.47 because of 42 USC 1396a (e) (4) or an unborn child who is eligible for coverage under the Badger Care health care program under s. 49.665 (4) (ap), of his or her social security number or that an application for a social security number has been made.

AB100-ASA1, s. 1194 Section 1194. 49.83 of the statutes is amended to read:

AB100-ASA1,514,23 49.83 Limitation on giving information. Except as provided under s. 49.32 (9), (10), and (10m), no person may use or disclose information concerning applicants and recipients of relief funded by a relief block grant, aid to families with dependent children, Wisconsin works Works under ss. 49.141 to 49.161, social services, child and spousal support and establishment of paternity and medical support liability services under s. 49.22, or supplemental payments under s. 49.77 for any purpose not connected with the administration of the programs, except that the department of workforce development may disclose such information to the department of revenue for the sole purpose of administering state taxes. Any person violating this section may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.

AB100-ASA1, s. 1195 Section 1195. 49.845 of the statutes is created to read:

AB100-ASA1,515,19 49.845 Fraud investigation and error reduction. (1) Fraud investigation. From the appropriations under s. 20.435 (4) (bn), (kz), (L), and (nn), the department of health and family services shall establish a program to investigate suspected fraudulent activity on the part of recipients of medical assistance under subch. IV, food stamp benefits under the food stamp program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, payments for the support of children of supplemental security income recipients under s. 49.775, and health care benefits under the Badger Care health care program under s. 49.665 and, if the department of workforce development contracts with the department of health and family services under sub. (4), on the part of recipients of aid to families with dependent children under s. 49.19 and participants in the Wisconsin Works program under ss. 49.141 to 49.161. The activities of the department of health and family services under this subsection may include comparisons of information provided to the department by an applicant and information provided by the applicant to other federal, state, and local agencies, development of an advisory welfare investigation prosecution standard, and provision of funds to county departments under ss. 46.215, 46.22, and 46.23 and to Wisconsin Works agencies to encourage activities to detect fraud. The department of health and family services shall cooperate with district attorneys regarding fraud prosecutions.

AB100-ASA1,516,3 (2) State error reduction activities. The department of health and family services shall conduct activities to reduce payment errors in the Medical Assistance program under subch. IV, the food stamp program under 7 USC 2011 to 2036, the supplemental security income payments program under s. 49.77, the program providing payments for the support of children of supplemental security income recipients under s. 49.775, and the Badger Care health care program under s. 49.665 and, if the department of workforce development contracts with the department of health and family services under sub. (4), in Wisconsin Works under ss. 49.141 to 49.161.

AB100-ASA1,516,9 (3) Wisconsin Works agency error reduction. If the department of workforce development contracts with the department of health and family services under sub. (4), the department of health and family services shall provide funds from the appropriation under s. 20.435 (4) (kz) to Wisconsin Works agencies to offset the administrative costs of reducing payment errors in Wisconsin Works under ss. 49.141 to 49.161.

AB100-ASA1,516,16 (4) Contract for Wisconsin Works. Notwithstanding s. 49.197 (1m) and (3), the department of workforce development may contract with the department of health and family services to investigate suspected fraudulent activity on the part of recipients of aid to families with dependent children under s. 49.19 and participants in Wisconsin Works under ss. 49.141 to 49.161 and to conduct activities to reduce payment errors in Wisconsin Works under ss. 49.141 to 49.161, as provided in this section.

AB100-ASA1, s. 1196 Section 1196. 49.847 of the statutes is created to read:

AB100-ASA1,516,23 49.847 Recovery of incorrect payments under certain public assistance programs. (1) Subject to ss. 49.497 (1) and 49.793 (1), the department of health and family services, or a county or elected governing body of a federally recognized American Indian tribe or band acting on behalf of the department, may recover benefits incorrectly paid under any of the programs administered by the department under this chapter.

AB100-ASA1,517,3 (2) The department, county, or elected governing body may recover an overpayment from a family or individual who continues to receive benefits under any program administered by the department under this chapter by reducing the family's or individual's benefit amount. Subject to s. 49.793 (1), the department may by rule specify other methods for recovering incorrectly paid benefits.

AB100-ASA1,517,7 (3) Subject to ss. 49.497 (2) and 49.793 (2), a county or elected governing body may retain a portion of an amount recovered under this section due to the efforts of an employee or officer of the county, tribe, or band, as provided by the department by rule.

AB100-ASA1, s. 1197 Section 1197. 49.85 (1) of the statutes is amended to read:

AB100-ASA1,517,19 49.85 (1) Department notification requirement. If a county department under s. 46.215, 46.22, or 46.23 or a governing body of a federally recognized American Indian tribe or band determines that the department of health and family services may recover an amount under s. 49.497, 49.793, or 49.847, or that the department of workforce development may recover an amount under s. 49.161, or 49.195 (3), or 49.793, or collect an amount under s. 49.147 (6) (cm), the county department or governing body shall notify the affected department of the determination. If a Wisconsin works Works agency determines that the department of workforce development may recover an amount under s. 49.161 or 49.195 (3), or collect an amount under s. 49.147 (6) (cm), the Wisconsin works Works agency shall notify the department of workforce development of the determination.

AB100-ASA1, s. 1198 Section 1198. 49.85 (2) (a) of the statutes is renumbered 49.85 (2) (a) (intro.) and amended to read:

AB100-ASA1,518,3 49.85 (2) (a) (intro.) At least annually, the department of health and family services shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of health and family services, the department of health and family services has determined that it may recover under s. 49.45 (2) (a) 10. or, 49.497, 49.793, or 49.847, except that the department of health and family services may not certify an amount under this subsection unless it all of the following apply:

AB100-ASA1,518,5 1. The department has met the notice requirements under sub. (3) and unless its.

AB100-ASA1,518,7 2. The department's determination has either not been appealed or is no longer under appeal.

AB100-ASA1, s. 1199 Section 1199. 49.85 (2) (a) 3. of the statutes is created to read:

AB100-ASA1,518,10 49.85 (2) (a) 3. If the determination relates to recovery of an amount under s. 49.497, the determination was rendered to a judgment under s. 49.497 (1m) (b).

AB100-ASA1, s. 1200 Section 1200. 49.85 (2) (b) of the statutes is amended to read:

AB100-ASA1,518,20 49.85 (2) (b) At least annually, the department of workforce development shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of workforce development, the department of workforce development has determined that it may recover under ss. 49.161, and 49.195 (3), and 49.793, and collect under s. 49.147 (6) (cm), except that the department of workforce development may not certify an amount under this subsection unless it has met the notice requirements under sub. (3) and unless its determination has either not been appealed or is no longer under appeal.

AB100-ASA1, s. 1201 Section 1201. 49.85 (3) (a) 1. of the statutes is amended to read:

AB100-ASA1,519,2 49.85 (3) (a) 1. Inform the person that the department of health and family services intends to certify to the department of revenue an amount that the department of health and family services has determined to be due under s. 49.45 (2) (a) 10. or, 49.497, 49.793, or 49.847, for setoff from any state tax refund that may be due the person.

AB100-ASA1, s. 1202 Section 1202. 49.85 (3) (b) 1. of the statutes is amended to read:

AB100-ASA1,519,8 49.85 (3) (b) 1. Inform the person that the department of workforce development intends to certify to the department of revenue an amount that the department of workforce development has determined to be due under s. 49.161, or 49.195 (3), or 49.793, or to be delinquent under a repayment agreement for a loan under s. 49.147 (6), for setoff from any state tax refund that may be due the person.

AB100-ASA1, s. 1203 Section 1203. 49.855 (6) of the statutes is amended to read:

AB100-ASA1,519,13 49.855 (6) If the state implements the child and spousal support and establishment of paternity and medical support liability program under ss. 49.22 and 59.53 (5), the state may act under this section in place of the county child support agency under s. 59.53 (5).

AB100-ASA1, s. 1205 Section 1205. 49.857 (1) (d) 4. of the statutes is amended to read:

AB100-ASA1,519,18 49.857 (1) (d) 4. A certification, license, training permit, registration, approval or certificate issued under s. 49.45 (2) (a) 11., 146.50 (5) (a) or (b), (6g) (a) or (8) (a), 250.05 (5), 252.23 (2), 252.24 (2), 254.176 (1) or (3) (a), 254.178 (2) (a), 254.20 (2), (3) or (4), 254.47 (1), 254.64 (1) (a) or (b), 254.71 (2) or 255.08 (2).

AB100-ASA1, s. 1217r Section 1217r. 50.04 (2d) of the statutes is created to read:

AB100-ASA1,519,22 50.04 (2d) Resident levels of care. The department may not require a nursing home to use the criteria for functional eligibility specified in s. 46.286 (1) (a) to determine resident levels of care under sub. (2) (d).

AB100-ASA1, s. 1218 Section 1218. 50.065 (2) (bg) of the statutes is amended to read:

AB100-ASA1,520,7 50.065 (2) (bg) If an entity hires or contracts with a caregiver for whom, within the last 4 years, the information required under par. (b) 1. to 3. and 5. has already been obtained by another entity, the entity may obtain that information from that other entity, which, notwithstanding par. (br), shall provide the information, if possible, to the requesting entity. If an entity cannot obtain the information required under par. (b) 1. to 3. and 5. from another entity or if an entity has reasonable grounds to believe that any information obtained from another entity is no longer accurate, the entity shall obtain that information from the sources specified in par. (b) 1. to 3. and 5.

AB100-ASA1, s. 1219 Section 1219. 50.065 (2) (br) of the statutes is created to read:

AB100-ASA1,520,16 50.065 (2) (br) 1. Except as provided in subd. 2, an entity that receives information regarding the arrest or conviction of a caregiver from the federal bureau of investigation in connection with a criminal history search under this section may use the information only to determine whether the caregiver's arrest or conviction record disqualifies him or her from serving as a caregiver. An entity is immune from civil liability to a caregiver for using arrest or conviction information provided by the federal bureau of investigation to make an employment determination regarding the caregiver.

AB100-ASA1,520,19 2. Subdivision 1. does not apply to use by an entity of arrest or conviction information that the entity requests from the federal bureau of investigation after September 30, 2007.

AB100-ASA1, s. 1220 Section 1220. 50.065 (8) of the statutes is amended to read:

AB100-ASA1,521,2 50.065 (8) The department may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a) or for providing information to an entity to enable the entity to comply with sub. (2) (b) or (3) (b). The fee may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining the information if to do so would be inconsistent with federal law.

AB100-ASA1, s. 1221 Section 1221. 50.135 (2) (c) of the statutes is amended to read:

AB100-ASA1,521,6 50.135 (2) (c) The fees collected under par. (a) shall be credited to the appropriations appropriation account under s. 20.435 (4) (gm) and (6) (jm) as specified in those appropriations for licensing, review and certifying activities.

AB100-ASA1, s. 1222m Section 1222m. 50.14 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,521,18 50.14 (2) (intro.) For the privilege of doing business in this state, there is imposed on all licensed beds of a facility an assessment that may not exceed $445 per calendar month per licensed bed of an intermediate care facility for the mentally retarded may not exceed $435 in fiscal year 2003-04 and may not exceed $445 in fiscal year 2004-05 and an assessment that may not exceed $75 per calendar month per licensed bed of a nursing home. The assessment moneys collected shall be deposited in the general fund, except that in fiscal year 2003-04, amounts in excess of $14,300,000, in fiscal year 2004-05, amounts in excess of $13,800,000, and, beginning July 1, 2005, in each fiscal year, amounts in excess of 45% of the money received from the assessment shall be deposited in the Medical Assistance trust fund. In determining the number of licensed beds, all of the following apply:

AB100-ASA1, s. 1223 Section 1223. 50.14 (4) of the statutes is amended to read:

AB100-ASA1,522,2 50.14 (4) Sections 77.59 (1) to (5), (6) (intro.), (a) and (c) and (7) to (10), 77.60 (1) to (7), (9) and (10), 77.61 (9) and (12) to (14) and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to the assessment under this section, except that the amount of any assessment collected under s. 77.59 (7) in excess of $14,300,000 in fiscal year 2003-04, in excess of $13,800,000 in fiscal year 2004-05, and, beginning July 1, 2005, in excess of 45% in each fiscal year in a fiscal year shall be deposited in the Medical Assistance trust fund.

AB100-ASA1, s. 1224 Section 1224. 51.05 (3g) of the statutes is repealed.

AB100-ASA1, s. 1225 Section 1225. 51.05 (3m) of the statutes is repealed.

AB100-ASA1, s. 1225m Section 1225m. 51.06 (7) of the statutes is created to read:

AB100-ASA1,522,14 51.06 (7) Joint services programs. The department of health and family services, the department of veterans affairs, and the department of corrections shall, if the report specified under 2005 Wisconsin Act .... (this act), section 9121 (12q), is approved by the joint committee on finance, jointly fund and implement the programs proposed in the report at the Northern Center for the Developmentally Disabled and the Southern Center for the Developmentally Disabled for the joint provision, for all programs that each agency conducts at these places, of personnel, payroll, purchasing, custodianship, grounds and maintenance, distribution, warehouse, and security services.