SECTION 47. 560.605 (2) (d) of the statutes is renumbered 560.605 (1) (m) and amended to read:
560.605 (1) (m) The financial soundness of the business eligible recipient.
SECTION 48. 560.605 (2) (e) of the statutes is renumbered 560.605 (1) (n).
SECTION 49. 560.605 (2) (f) of the statutes is renumbered 560.605 (1) (o).
SECTION 50. 560.605 (2m) (intro.) of the statutes is amended to read:
560.605 (2m) (intro.) When considering whether a project under s. 560.62, 560.63 or 560.66 will be located in a targeted area, the board shall may consider all any of the following:
SECTION 51. 560.605 (2m) (c) of the statutes is repealed.
SECTION 52. 560.605 (2m) (d) of the statutes is repealed.
SECTION 53. 560.605 (2m) (e) of the statutes is repealed.
SECTION 54. 560.605 (4) of the statutes is repealed.
SECTION 55. 560.605 (5) of the statutes is repealed.
SECTION 56. 560.605 (5m) of the statutes is repealed.
SECTION 57. 560.605 (6) of the statutes is repealed.
SECTION 58. 560.607 (1) of the statutes is amended to read:
560.607 (1) Evaluations of proposed technical research projects under s. 560.62.
SECTION 59. 560.61 (intro.) of the statutes is repealed.
SECTION 60. 560.61 (1) of the statutes is renumbered 560.61 and amended to read:
560.61 Make At the request of the board, the department may make a grant or loan to an eligible recipient for a project that meets the criteria for funding under s. 560.605 (1) and (2) and under s. 560.62, 560.63, 560.65 or 560.66, whichever is appropriate, from the appropriations under s. 20.143 (1) (c), (cb) and (ie) for eligible activities.
SECTION 61. 560.61 (3) of the statutes is repealed.
SECTION 62. 560.62 of the statutes is repealed.
SECTION 63. 560.63 of the statutes is repealed.
SECTION 64. 560.65 of the statutes is repealed.
SECTION 65. 560.66 of the statutes is repealed.
SECTION 66. 560.68 (1m) of the statutes is created to read:
560.68 (1m) The department shall establish criteria for the award of grants and loans under s. 560.61, including the types of projects that are eligible for funding and the types of eligible projects that will receive priority.
SECTION 67. 560.68 (2m) of the statutes is created to read:
560.68 (2m) The department shall determine conditions applicable to a grant or loan under s. 560.61.
SECTION 68. 560.68 (3) of the statutes is amended to read:
560.68 (3) The department may charge a grant or loan recipient an origination fee of up to not more than 2% of the grant or loan amount if the grant or loan equals or exceeds $200,000 and is awarded under s. 560.63 or 560.66. The department shall deposit all origination fees collected under this subsection in the appropriation account under s. 20.143 (1) (gm).
SECTION 69. 560.68 (5) of the statutes is renumbered 560.68 (5) (intro.) and amended to read:
560.68 (5) (intro.) The department, with the approval of the board, shall develop procedures to evaluate related to grants and loans under s. 560.61 for all of the following:
(b) Evaluating applications, monitor.
(c) Monitoring project performance and audit.
(d) Auditing the grants and loans awarded under this subchapter.
SECTION 70. 560.68 (5) (a) of the statutes is created to read:
560.68 (5) (a) Submitting applications for grants and loans.
SECTION 71. 560.68 (6) of the statutes is amended to read:
560.68 (6) If appropriate, the The board may shall require that more, as a condition of a grant or loan, that a recipient contribute to a project an amount that is not less than 25% of the cost of any project or category of projects be paid from funds not provided by this state amount of the grant or loan.
SECTION 72. 560.68 (7) (a) of the statutes is amended to read:
560.68 (7) (a) Publish and disseminate information about the projects under ss. 560.62 to 560.66 that may be funded by a grant or loan under s. 560.61 and the about procedures for applying for grants and loans under s. 560.61.
SECTION 9308. Initial applicability; commerce.
(1) WISCONSIN DEVELOPMENT FUND RESTRUCTURING. The treatment of sections 20.143 (1) (c), (cb), and (ie), 84.185 (1) (ce) and (cm), 243.01 (4n) (a) 3m. e., 292.11 (7) (d) 1m. b., 292.255, 560.045 (1), 560.135 (5) (a) and (b), 560.14 (1) (ar), 560.145, 560.147, 560.15 (2) (d), 560.16, 560.17 (1) (am) and (bm), 560.175, 560.26, 560.60 (1m), (1v), (3), (3m), (4), (8), (10), (11), (13), (15), (17), and (18m), 560.605 (1) (intro.), (a), (b), (c), (d), (e), (f), (g), (h), and (i), (2) (intro), (a), (b), (c), (d), (e), and (f), (2m) (intro.), (c), (d), and (e), (4), (5), (5m), and (6), 560.607 (1), 560.61 (intro.), (1), and (3), 560.62, 560.63, 560.65, 560.66, and 560.68 (1m), (2m), (3), (6), and (7) (a) of the statutes, the renumbering and amendment of section 560.68 (5) of the statutes, and the creation of section 560.68 (5) (a) of the statutes first apply to applications for grants and loans received on the effective date of this subsection.
(End)
LRB-0878LRB-0878/1
PJK:jld:rs
2005 - 2006 LEGISLATURE
DOA:......Blaine, BB0257 - Requiring third parties to provide information for verifying MA and BadgerCare eligibility
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Public assistance
Under current law, DHFS contracts with county departments of social services or human services (county departments), and may contract with American Indian tribe governing bodies (tribal governing bodies), to administer "income maintenance" programs and reimburses the county departments and tribal governing bodies for their costs of administering those programs. An "income maintenance" program is defined as the Medical Assistance (MA) program, the Badger Care health care program, the food stamp program, or the cemetery, funeral, and burial expenses program.
This bill provides that DHFS, a county department, or a tribal governing body may request from any person in this state information that is appropriate and necessary for determining or verifying eligibility or benefits for a recipient under any of the income maintenance programs. (With respect to MA and the food stamp program, the bill reinstates authority that DHFS had before administration of those programs was transferred to DWD and then back to DHFS.) A person who receives a request for information must, within seven days, provide the information unless its access is prohibited or restricted by law. The bill also authorizes DHFS, a county department, or a tribal governing body to issue a subpoena to compel production of financial information or other documentary evidence for determining or verifying eligibility or benefits for an income maintenance program recipient. Under the bill, DHFS, a county department, or a tribal governing body, or an employee of any of them, is prohibited from disclosing, for any purpose not connected with administration of the income maintenance program for which the information was requested or subpoenaed, information obtained as a result of a request or subpoena. In addition, the bill provides that no person is liable for allowing access to, or disclosing, information in response to a request or subpoena from DHFS, a county department, or a tribal governing body or for any other action taken in good faith to comply with such a request.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 49.78 (11) of the statutes is created to read:
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.
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.
(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.
(c) A person is not liable to any person for any of the following:
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).
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).
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.
(End)
LRB-0879LRB-0879/4
PJK:jld:rs
2005 - 2006 LEGISLATURE
DOA:......Blaine, BB0258 - Allow DHFS to recover incorrect payments under MA and BadgerCare based on failure to report nonfinancial information
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Medical Assistance
Under current law, DHFS administers the Medical Assistance (MA) program and the Badger Care (BadgerCare) health care program. Generally, under MA DHFS pays for health care services provided to eligible low-income persons, and under BadgerCare DHFS pays for health care services provided to certain low-income children who do not reside with a parent and to certain low-income families. Current law provides that DHFS may recover incorrect payments that were made for health care services under MA that resulted from a misstatement or omission of fact by a person supplying information in an application for benefits or from the failure of a person to report the receipt of income or assets in an amount that would have affected a recipient's eligibility for benefits.
This bill adds that DHFS may also recover incorrect payments made for health care services under MA that result from the failure of a person to report changes in a recipient's financial or nonfinancial situation or eligibility characteristics that would have affected the recipient's eligibility for benefits or his or her cost-sharing requirements, and provides that DHFS may recover incorrect payments made for health care services under BadgerCare resulting from any of the same reasons for which DHFS may recover incorrect payments made under MA.
The bill also provides that, if an MA or BadgerCare recipient to or for whom an incorrect payment was made fails, after notice, to repay the incorrect amount, DHFS may bring an action to enforce repayment or may issue an order to compel repayment. The recipient has 30 days to appeal the order, but if he or she does not pay the amount due under the order and does not appeal the order within 30 days, DHFS may present a certified copy of the order to the circuit court. The circuit court must render a judgment in accordance with the order without further notice to the recipient. The judgment may be enforced in the same manner as any other judgment rendered by a court. In addition, DHFS must certify the obligation to DOR for collection as a setoff against any state income tax refund that is due the recipient. This procedure for obtaining a judgment for the amount of an incorrect payment and for collecting the amount as a tax refund setoff is similar to the procedure in current law for obtaining a judgment for, and collecting, amounts owed to DHFS for various types of care, maintenance, and services that DHFS is required to provide, such as to persons committed to inpatient treatment facilities, to persons criminally committed to mental health institutions, to juveniles taken into custody for emergency detention, and to persons protectively placed or receiving protective services.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 49.497 (title) of the statutes is amended to read:
49.497 (title) Recovery of incorrect medical assistance Medical Assistance or Badger Care payments.
SECTION 2. 49.497 (1) of the statutes is renumbered 49.497 (1) (a) (intro.) and amended to read:
49.497 (1) (a) (intro.) The department may recover any payment made incorrectly for benefits specified under s. 49.46, 49.468 or 49.47 provided under this subchapter or s. 49.665 if the incorrect payment results from any of the following:
1. A misstatement or omission of fact by a person supplying information in an application for benefits under s. 49.46, 49.468 or 49.47 this subchapter or s. 49.665.
2. The department may also recover if a medical assistance failure of a Medical Assistance or Badger Care recipient or any other person responsible for giving information on the recipient's behalf fails to report the receipt of income or assets in an amount that would have affected the recipient's eligibility for benefits.
(b) The department's right of recovery is against any medical assistance Medical Assistance or Badger Care recipient to whom or on whose behalf the incorrect payment was made. The extent of recovery is limited to the amount of the benefits incorrectly granted. The county department under s. 46.215 or 46.22 or the governing body of a federally recognized American Indian tribe administering medical assistance Medical Assistance or Badger Care shall begin recovery actions on behalf of the department according to rules promulgated by the department.
SECTION 3. 49.497 (1) (a) 3. of the statutes is created to read:
49.497 (1) (a) 3. The failure of a Medical Assistance or Badger Care recipient or any other person responsible for giving information on the recipient's behalf to report any change in the recipient's financial or nonfinancial situation or eligibility characteristics that would have affected the recipient's eligibility for benefits or the recipient's cost-sharing requirements.
SECTION 4. 49.497 (1m) of the statutes is created to read:
49.497 (1m) (a) If, after notice that an incorrect payment was made, a recipient, or parent of a minor recipient, who is liable for repayment of an incorrect payment fails to repay the incorrect payment or enter into, or comply with, an agreement for repayment, the department may bring an action to enforce the liability or may issue an order to compel payment of the liability. Any person aggrieved by an order issued by the department under this paragraph may appeal the order as a contested case under ch. 227 by filing with the department a request for a hearing within 30 days after the date of the order. The only issue at hearing shall be the determination by the department that the person has not repaid the incorrect payment or entered into, or complied with, an agreement for repayment.
(b) If any recipient, or parent of a minor recipient, named in an order to compel payment issued under par. (a) fails to pay the department any amount due under the terms of the order and no contested case to review the order is pending and the time for filing for a contested case review has expired, the department may present a certified copy of the order to the circuit court for any county. The sworn statement of the secretary shall be evidence of the incorrect payment. The circuit court shall, without notice, render judgment in accordance with the order. A judgment rendered under this paragraph shall have the same effect and shall be entered in the judgment and lien docket and may be enforced in the same manner as if the judgment had been rendered in an action tried and determined by the circuit court.
(c) The recovery procedure under this subsection is in addition to any other recovery procedure authorized by law.
