AB100: Bill Text

AB100,576,13 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.

AB100,576,22 (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.

AB100,577,3 (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.

AB100,577,10 (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, s. 1196 Section 1196. 49.847 of the statutes is created to read:

AB100,577,17 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.

AB100,577,22 (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.

AB100,578,2 (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, s. 1197 Section 1197. 49.85 (1) of the statutes is amended to read:

AB100,578,14 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, s. 1198 Section 1198. 49.85 (2) (a) of the statutes is renumbered 49.85 (2) (a) (intro.) and amended to read:

AB100,578,23 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:

AB100,578,25 1. The department has met the notice requirements under sub. (3) and unless its.

AB100,579,2 2. The department's determination has either not been appealed or is no longer under appeal.

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

AB100,579,5 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, s. 1200 Section 1200. 49.85 (2) (b) of the statutes is amended to read:

AB100,579,15 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, s. 1201 Section 1201. 49.85 (3) (a) 1. of the statutes is amended to read:

AB100,579,21 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, s. 1202 Section 1202. 49.85 (3) (b) 1. of the statutes is amended to read:

AB100,580,2 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, s. 1203 Section 1203. 49.855 (6) of the statutes is amended to read:

AB100,580,7 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, s. 1204 Section 1204. 49.857 (1) (d) 3m. of the statutes is created to read:

AB100,580,9 49.857 (1) (d) 3m. A license issued under s. 49.984 (1).

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

AB100,580,14 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, s. 1206 Section 1206. 49.97 of the statutes is created to read:

AB100,580,17 49.97 Definition. In this subchapter, "department" means the department of workforce development.

AB100, s. 1207 Section 1207. 49.982 (title) of the statutes is created to read:

AB100,580,19 49.982 (title) Information for day care providers and parents.

AB100, s. 1208 Section 1208. 49.982 (5) of the statutes is created to read:

AB100,581,4 49.982 (5) The department shall provide a child care quality rating system that rates the quality of the child care provided by a child care provider that is licensed under s. 49.98, certified under s. 49.156, or established or contracted for under s. 120.13 (14). The department shall make the rating information provided under that system available to the parents, guardians, and legal custodians of children who are recipients, or prospective recipients, of care and supervision from a child care provider that is licensed under s. 49.98, certified under s. 49.156, or established or contracted for under s. 120.13 (14), including making that information available on the department's Internet site.

AB100, s. 1209 Section 1209. 49.984 of the statutes is created to read:

AB100,581,9 49.984 Licensing duties of the department. (1) Except as provided in s. 49.992 (6) and (7), the department shall license and supervise day care centers as required by s. 49.98. A license issued under this subsection is valid until revoked or suspended. No license issued under this subsection is transferable.

AB100,581,17 (2) The department shall prescribe an application form to be used by all applicants for licenses to operate a day care center. In prescribing that form, the department shall require an applicant for a license to operate a day care center who is an individual, other than an individual who does not have a social security number and who submits a statement made or subscribed under oath or affirmation as required under sub. (3) (a) 2., to provide his or her social security number, and an applicant for a license to operate a day care center who is not an individual to provide the applicant's federal employer identification number.

AB100,581,22 (3) (a) 1. Except as provided in subd. 2., when initially applying for or applying to continue a license issued under sub. (1) to operate a day care center, an applicant who is an individual shall provide the department with the applicant's social security number, and an applicant who is not an individual shall provide the department with the applicant's federal employer identification number.

AB100,582,2 2. If an applicant who is an individual does not have a social security number, the applicant shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The department shall prescribe the form of the statement. A license issued in reliance upon a false statement submitted under this subdivision is invalid.

AB100,582,9 (b) If an applicant who is an individual fails to provide the applicant's social security number to the department or if an applicant who is not an individual fails to provide the applicant's federal employer identification number to the department, the department may not issue or continue a license under sub. (1) to operate a day care center to or for the applicant unless the applicant is an individual who does not have a social security number and the applicant submits a statement made or subscribed under oath or affirmation as required under par. (a) 2.

AB100,582,14 (c) The department of workforce development may not disclose any information obtained under par. (a) 1. to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 or on the request of the subunit of the department of workforce development that administers the child and spousal support program under s. 49.22 (2m).

AB100,582,16 (4) The department shall prescribe the form and content of records to be kept and information to be reported by persons licensed by it.

AB100,583,5 (5) A day care center license, other than a probationary license, is valid until revoked or suspended, but shall be reviewed every 2 years after the date of issuance as provided in this subsection. At least 30 days prior to the continuation date of the license, the licensee shall submit to the department an application for continuance of the license in the form and containing the information that the department requires. If the minimum requirements established under s. 49.986 for a license are met, the application is approved, the applicable fees specified in ss. 48.685 (8) and 49.98 (3) (a) are paid, and any forfeiture under s. 49.992 (3) (a) or penalty under s. 49.999 (1) that is due is paid, the department shall continue the license for an additional 2-year period, unless sooner suspended or revoked. If the application is not timely filed, the department shall issue a warning to the licensee. If the licensee fails to apply for continuance of the license within 30 days after receipt of the warning, the department may revoke the license as provided in s. 49.992 (4) and (4m) (b).

AB100, s. 1210 Section 1210. 49.986 of the statutes is created to read:

AB100,583,19 49.986 Rules governing day care centers. The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, day care centers. These rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. The department shall consult with the department of commerce and the department of public instruction before promulgating these rules. In establishing the minimum requirements for the issuance of licenses to day care centers that provide care and supervision for children under one year of age, the department shall include a requirement that all licensees who are individuals and all employees and volunteers of a licensee who provide care and supervision for children receive, before the date on which the license is issued or the employment or volunteer work commences, whichever is applicable, training in the most current medically accepted methods of preventing sudden infant death syndrome.

AB100, s. 1211 Section 1211. 49.988 of the statutes is created to read:

AB100,584,9 49.988 Investigation of applicant; issuance of license; provisions of licensure. (1) After receipt of an application for a license, the department shall investigate to determine if the applicant meets the minimum requirements for a license promulgated by the department by rule under s. 49.986 and meets the requirements specified in s. 48.685. In determining whether to issue or continue a license, the department may consider any action by the applicant, or by an employee of the applicant, that constitutes a substantial failure by the applicant or employee to protect and promote the health, safety, and welfare of a child. Upon satisfactory completion of this investigation and payment of the fee required under s. 49.98 (3) (a), the department shall issue a license under s. 49.984 (1) or, if applicable, a probationary license under s. 49.99 or, if applicable, shall continue a license under s. 49.984 (5). The department shall provide the department of health and family services with information about each person who is denied a license for a reason specified in s. 48.685 (4m) (a) 1. to 5.

AB100,584,13 (2) Each license shall state the name of the person licensed, the premises included under the license, the maximum number of children who can be received and their ages and sex, and such additional information and special conditions as the department may prescribe.

AB100, s. 1212 Section 1212. 49.99 of the statutes is created to read:

AB100,585,2 49.99 Probationary licenses. Except as provided under s. 49.992 (6) and (7), if any day care center that has not been previously issued a license under s. 49.984 (1) applies for a license, meets the minimum requirements established under s. 49.986 for a license, and pays the applicable fee specified in s. 49.98 (3) (a), the department shall issue a probationary license to that day care center. A probationary license is valid for up to 6 months after the date of issuance unless renewed under this section or suspended or revoked under s. 49.992. Before a probationary license expires, the department shall inspect the day care center holding the probationary license and, except as provided under s. 49.992 (6) and (7), if the day care center meets the minimum requirements established under s. 49.986 for a license, the department shall issue a license under s. 49.984 (1). A probationary license issued under this section may be renewed for one 6-month period.

AB100, s. 1213 Section 1213. 49.992 of the statutes is created to read:

AB100,585,6 49.992 Sanctions and penalties. (1) In this section, "licensee" means a person who holds a license under s. 49.984 (1) or a probationary license under s. 49.99 to operate a day care center.

AB100,585,10 (2) If the department provides written notice of the grounds for a sanction, an explanation of the types of sanctions that may be imposed under this subsection, and an explanation of the process for appealing a sanction imposed under this subsection, the department may order any of the following sanctions:

AB100,585,13 (a) That a person stop operating a day care center if the day care center is without a license in violation of s. 49.984 (1) or a probationary license in violation of s. 49.99.

AB100,585,18 (b) That a person who employs a person who has had a license under s. 49.984 (1) or a probationary license under s. 49.99 revoked within the previous 5 years terminate the employment of that person within 30 days after the date of the order. This paragraph includes employment of a person in any capacity, whether as an officer, director, agent, or employee.

AB100,585,20 (c) That a licensee stop violating any provision of licensure under s. 49.988 (2) or rules promulgated by the department under s. 49.986.

AB100,585,22 (d) That a licensee submit a plan of correction for violation of any provision of licensure under s. 49.988 (2) or rule promulgated by the department under s. 49.986.

AB100,585,25 (e) That a licensee implement and comply with a plan of correction provided by the department or previously submitted by the licensee and approved by the department.

AB100,586,3 (f) That a licensee close the intake of any new children until all violations of the provisions of licensure under s. 49.988 (2) and the rules promulgated by the department under s. 49.986 are corrected.

AB100,586,5 (g) That a licensee provide training for the licensee's staff members as specified by the department.

AB100,586,12 (3) If the department provides written notice of the grounds for a penalty, an explanation of the types of penalties that may be imposed under this subsection, and an explanation of the process for appealing a penalty imposed under this subsection, the department may impose any of the following penalties against a licensee or any other person who violates a provision of licensure under s. 49.988 (2) or rule promulgated by the department under s. 49.986 or who fails to comply with an order issued under sub. (2) by the time specified in the order:

AB100,586,14 (a) A daily forfeiture amount per violation of not less than $10 nor more than $1,000. All of the following apply to a forfeiture under this paragraph:

AB100,586,19 1. Within the limits specified in this paragraph, the department may, by rule, set daily forfeiture amounts and payment deadlines based on the size and type of facility or agency and the seriousness of the violation. The department may set daily forfeiture amounts that increase periodically within the statutory limits if there is continued failure to comply with an order issued under sub. (2).

AB100,586,22 2. The department may directly assess a forfeiture imposed under this paragraph by specifying the amount of that forfeiture in the notice provided under this subsection.

AB100,587,5 3. A person against whom the department has assessed a forfeiture shall pay that forfeiture to the department within 10 days after receipt of notice of the assessment or, if that person contests that assessment under s. 49.994, within 10 days after receipt of the final decision after exhaustion of administrative review or, if that person petitions for judicial review under ch. 227, within 10 days after receipt of the final decision after exhaustion of judicial review. The department shall remit all forfeitures paid under this subdivision to the secretary of administration for deposit into the school fund.

AB100,587,9 4. The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this paragraph that has not been paid as provided in subd. 3. The only contestable issue in an action under this subdivision is whether or not the forfeiture has been paid.

AB100,587,10 (b) Suspension of the licensee's license for not more than 2 weeks.

AB100,587,11 (c) Refusal to continue a license or a probationary license.

AB100,587,12 (d) Revocation of a license or a probationary license as provided in sub. (4).

AB100,587,17 (4) If the department provides written notice of revocation and the grounds for revocation as provided in sub. (4m) and an explanation of the process for appealing a revocation under this subsection, the department may revoke a license issued under s. 49.984 (1) or a probationary license issued under s. 49.99 for any of the following reasons:

AB100,587,22 (a) The department has imposed a penalty on the licensee under sub. (3) and the licensee or a person under the supervision of the licensee either continues to violate or resumes violation of a rule promulgated under s. 49.986, a provision of licensure under s. 49.988 (2), or an order under this section forming any part of the basis for the penalty.

AB100,588,2 (b) The licensee or a person under the supervision of the licensee has committed a substantial violation, as determined by the department, of a rule promulgated under s. 49.986, a provision of licensure under s. 49.988 (2), or an order under this section.

AB100,588,6 (c) The licensee or a person under the supervision of the licensee has committed an action or has created a condition relating to the operation or maintenance of the day care center that directly threatens the health, safety, or welfare of any child under the care of the licensee.

AB100,588,12 (d) The licensee or a person under the supervision of the licensee has violated, as determined by the department, a rule promulgated under s. 49.986, a provision of licensure under s. 49.988 (2), or an order under this section that is the same as or similar to a rule promulgated under s. 49.986, a provision of licensure under s. 49.988 (2), or an order under this section that the licensee or a person under the supervision of the licensee has violated previously.

AB100,588,14 (e) The licensee has failed to apply for a continuance of the license within 30 days after receipt of the warning under s. 49.984 (5).

AB100,588,19 (4m) (a) For a revocation under sub. (4) (a) or (d), the department shall provide to the licensee written notice of the revocation and the grounds for revocation not less than 30 days before the date of the revocation. The revocation will take effect only if the violation on which the revocation is based remains substantially uncorrected at the end of the 30-day notice period.

AB100,588,22 (b) For revocations under sub. (4) (b), (c), or (e), the department may revoke the license or probationary license immediately upon written notice to the licensee of the revocation and the grounds for revocation.

AB100,588,25 (5) The department may deny a license under s. 49.984 (1) or a probationary license under s. 49.99 to any person who has had a license under s. 49.984 (1) or a probationary license under s. 49.99 revoked within the previous 5 years.

AB100,589,12 (6) The department shall deny, suspend, restrict, refuse to renew, or otherwise withhold a license under s. 49.984 (1) or a probationary license under s. 49.99 to operate a day care center for failure of the applicant or licensee to pay court-ordered payments of child or family support, maintenance, birth expenses, medical expenses, or other expenses related to the support of a child or former spouse or for failure of the applicant or licensee to comply, after appropriate notice, with a subpoena or warrant issued by the department or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings, as provided in a memorandum of understanding entered into under s. 49.857. Notwithstanding s. 49.994, an action taken under this subsection is subject to review only as provided in the memorandum of understanding entered into under s. 49.857 and not as provided in s. 49.994.

AB100,589,18 (7) The department of workforce development shall deny an application for the issuance or continuation of a license under s. 49.984 (1) or a probationary license under s. 49.99 to operate a day care center, or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An action taken under this subsection is subject to review only as provided under s. 73.0301 (5) and not as provided in s. 49.994.

AB100, s. 1214 Section 1214. 49.994 of the statutes is created to read:

AB100,590,6 49.994 Appeal procedure. Except as provided in s. 49.992 (6) and (7), any person aggrieved by the department's refusal or failure to issue, renew, or continue a license or by any action taken by the department under s. 49.992 has the right to an administrative hearing provided for contested cases in ch. 227. To receive an administrative hearing under ch. 227, the aggrieved person shall send to the department a written request for a hearing under s. 227.44 within 10 days after the date of the department's refusal or failure to issue, renew, or continue a license or the department's action taken under s. 49.992. The department shall hold an administrative hearing under s. 227.44 within 30 days after receipt of the request for the administrative hearing unless the aggrieved person consents to an extension of that time period. Judicial review of the department's decision may be had as provided in ch. 227.

AB100, s. 1215 Section 1215. 49.996 of the statutes is created to read:

AB100,590,10 49.996 Inspection and investigation of licensees. (1) The department may visit and inspect each day care center licensed by the department, and for such purpose shall be given unrestricted access to the premises described in the license.

AB100,590,17 (2) Whenever the department is advised or has reason to believe that any person is violating s. 49.98, the department shall make an investigation to determine the facts. For the purposes of this investigation, the department shall have authority to inspect the premises where the violation is alleged to occur. If the department finds that the person is violating s. 49.98, the department may either issue a license if the person is qualified or may institute an action for the penalties and injunction specified under s. 49.999 (1).

AB100, s. 1216 Section 1216. 49.998 (title) of the statutes is created to read:

AB100,590,19 49.998 (title) Immunization and lead screening requirements.

AB100, s. 1217 Section 1217. 49.999 of the statutes is created to read: