OC7 SB1: Bill Text

SB1, s. 1662 Section 1662. 49.79 (1) (b) of the statutes is repealed.

SB1, s. 1663 Section 1663. 49.79 (1) (d) of the statutes is repealed.

SB1, s. 1664 Section 1664. 49.79 (1) (e) of the statutes is repealed.

SB1, s. 1665 Section 1665. 49.79 (1) (g) of the statutes is created to read:

SB1,765,20 49.79 (1) (g) "Wisconsin Works employment position" has the meaning given in s. 49.141 (1) (r).

SB1, s. 1666 Section 1666. 49.79 (2) (a) of the statutes is repealed.

SB1, s. 1667 Section 1667. 49.79 (2) (b) of the statutes is renumbered 49.79 (2) and amended to read:

SB1,766,3 49.79 (2) An individual who fails to comply with the work requirements of the employment and training program under s. 49.13 (2) (a) sub. (9) is ineligible to participate in the food stamp program as specified under s. 49.13 (3) sub. (9) (b).

SB1, s. 1667f Section 1667f. 49.79 (8m) of the statutes is created to read:

SB1,766,8 49.79 (8m) Applicants from correctional institutions. (a) The department shall allow a prisoner who is applying for the food stamp program from a correctional institution in anticipation of being released from the institution to use the address of the correctional institution as his or her address on the application.

SB1,766,12 (b) The department shall allow an employee of a correctional institution who has been authorized by a prisoner of the institution to act on his or her behalf in matters related to the food stamp program to receive and conduct telephone calls on behalf of the prisoner in matters related to the food stamp program.

SB1, s. 1669 Section 1669. 49.79 (10) of the statutes is repealed.

SB1, s. 1670 Section 1670. 49.81 (intro.) of the statutes is amended to read:

SB1,766,19 49.81 Public assistance recipients' bill of rights. (intro.) The department of health and family services, the department of workforce development children and families, and all public assistance and relief-granting agencies shall respect rights for recipients of public assistance. The rights shall include all rights guaranteed by the U.S. constitution and the constitution of this state, and in addition shall include:

SB1, s. 1671 Section 1671. 49.81 (4) of the statutes is amended to read:

SB1,766,24 49.81 (4) The right to a speedy determination of the recipient's status or eligibility for public assistance, to notice of any proposed change in such status or eligibility, and, in the case of assistance granted under s. 49.19, 49.46, 49.468 or, 49.47, or 49.471, to a speedy appeals process for resolving contested determinations.

SB1, s. 1672 Section 1672. 49.82 (1) of the statutes is amended to read:

SB1,767,10 49.82 (1) Departments to advise counties. The department of health and family services and the department of workforce development children and families shall advise all county officers charged with the administration of requirements relating to public assistance programs under this chapter and shall render all possible assistance in securing compliance therewith, including the preparation of necessary forms and reports. The department of health and family services and the department of workforce development children and families shall also publish any information that those departments consider advisable to acquaint persons entitled to public assistance, and the public generally, with the laws governing public assistance under this chapter.

SB1, s. 1673 Section 1673. 49.82 (2) of the statutes is renumbered 49.82 (2) (a) and amended to read:

SB1,767,19 49.82 (2) (a) Proof shall be provided Except as provided in par. (b), 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), proof shall be provided of his or her social security number or that an application for a social security number has been made.

SB1, s. 1674 Section 1674. 49.82 (2) (b) of the statutes is created to read:

SB1,767,21 49.82 (2) (b) Paragraph (a) does not apply to any of the following:

SB1,767,23 1. A child who is eligible for medical assistance under s. 49.46 or 49.47 because of 42 USC 1396a (e) (4).

SB1,767,25 2. An unborn child who is eligible for coverage under the Badger Care health care program under s. 49.665 (4) (ap).

SB1,768,5 3. A person who is applying for medical assistance under subch. IV, coverage under the Badger Care health care program under s. 49.665, or coverage under the program for prescription drug assistance for elderly persons under s. 49.688 and who refuses to obtain a social security number because of well-established religious objections, as defined in 42 CFR 435.910 (h) (2).

SB1, s. 1675 Section 1675 . 49.82 (2) (b) 1. of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:

SB1,768,9 49.82 (2) (b) 1. A child who is eligible for medical assistance under s. 49.46 or, 49.47, or 49.471 because of 42 USC 1396a (e) (4).

SB1, s. 1676 Section 1676 . 49.82 (2) (b) 2. of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:

SB1,768,13 49.82 (2) (b) 2. An unborn child who is eligible for coverage under s. 49.471 or the Badger Care health care program under s. 49.665 (4) (ap).

SB1, s. 1677 Section 1677. 49.83 of the statutes is amended to read:

SB1,768,25 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 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 children and families 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.

SB1, s. 1678 Section 1678. 49.84 (6) of the statutes is created to read:

SB1,769,3 49.84 (6) (a) In this subsection, "department" means the department of health and family services.

SB1,769,9 (b) 1. Notwithstanding any other eligibility requirements for the programs specified in par. (c), unless excepted by par. (c) an applicant for or recipient under any of those programs who declares himself or herself to be a citizen or national of the United States shall provide, as a further condition of eligibility, satisfactory documentary evidence, as provided in par. (d), that he or she is a citizen or national of the United States.

SB1,769,16 2. An applicant shall provide the documentation at the time of application. If a recipient was not required to provide documentation at the time he or she applied, the recipient shall provide the documentation the first time his or her eligibility is reviewed or redetermined after the effective date of this subdivision .... [revisor inserts date]. An applicant or recipient shall be granted a reasonable time, as determined by the department, to submit the documentation before his or her eligibility is denied or terminated.

SB1,769,18 (c) The requirement to provide satisfactory documentary evidence under par. (b) applies to applicants for and recipients under all of the following:

SB1,769,20 1. The Medical Assistance program under subch. IV, except for any of the following:

SB1,769,22 a. An applicant or recipient who is entitled to benefits under or enrolled in any part of Medicare under 42 USC 1395 et seq., as amended.

SB1,769,24 b. An applicant or recipient who is receiving supplemental security income under 42 USC 1381 to 1383c.

SB1,769,25 c. A person who is eligible for medical assistance under s. 49.45 (27).

SB1,770,2 d. A child who is receiving medical assistance under s. 49.46 (1) (a) 13. or 49.47 (4) (am) 3.

SB1,770,3 e. A pregnant woman who is receiving medical assistance under s. 49.465.

SB1,770,5 2. The Badger Care health care program under s. 49.665, except for an unborn child under s. 49.665 (4) (ap).

SB1,770,8 3. The part of the prescription drug assistance for elderly persons program under s. 49.688 that is supported by a Medical Assistance waiver under 42 USC 1315 (a), as authorized under s. 49.688 (11).

SB1,770,11 (d) Satisfactory documentary evidence that an applicant or a recipient is a citizen or national of the United States consists of the documents or other forms of evidence specified in 42 CFR 435.407.

SB1, s. 1679 Section 1679. 49.84 (6) (c) 1. d. of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:

SB1,770,16 49.84 (6) (c) 1. d. A child who is receiving medical assistance under s. 49.46 (1) (a) 13. or, 49.47 (4) (am) 3., or 49.471 (4) (a) 2. or (b) 2. or an unborn child receiving prenatal care under s. 49.471.

SB1, s. 1680 Section 1680. 49.84 (6) (c) 1. e. of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:

SB1,770,21 49.84 (6) (c) 1. e. A pregnant woman who is receiving medical assistance under s. 49.465 or a child or pregnant woman who is receiving medical assistance under s. 49.471 (5) (b) 1. or 2.

SB1, s. 1681 Section 1681. 49.845 (1) of the statutes is amended to read:

SB1,771,16 49.845 (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 children and families 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.

SB1, s. 1682 Section 1682. 49.845 (2) of the statutes is amended to read:

SB1,772,2 49.845 (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 children and families contracts with the department of health and family services under sub. (4), in Wisconsin Works under ss. 49.141 to 49.161.

SB1, s. 1683 Section 1683. 49.845 (3) of the statutes is amended to read:

SB1,772,9 49.845 (3) Wisconsin Works agency error reduction. If the department of workforce development children and families 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.

SB1, s. 1684 Section 1684. 49.845 (4) of the statutes is amended to read:

SB1,772,17 49.845 (4) Contract for Wisconsin Works. Notwithstanding s. 49.197 (1m) and (3), the department of workforce development children and families 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.

SB1, s. 1685 Section 1685. 49.85 (1) of the statutes is amended to read:

SB1,773,5 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 children and families may recover an amount under s. 49.161 or 49.195 (3) 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 agency determines that the department of workforce development children and families 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 agency shall notify the department of workforce development children and families of the determination.

SB1, s. 1686 Section 1686. 49.85 (2) (b) of the statutes is amended to read:

SB1,773,16 49.85 (2) (b) At least annually, the department of workforce development children and families 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 children and families, the department of workforce development children and families has determined that it may recover under ss. 49.161 and 49.195 (3) and collect under s. 49.147 (6) (cm), except that the department of workforce development children and families 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.

SB1, s. 1687 Section 1687. 49.85 (3) (b) (intro.) of the statutes is amended to read:

SB1,773,21 49.85 (3) (b) (intro.) At least 30 days before certification of an amount, the department of workforce development children and families shall send a notice to the last-known address of the person from whom that department intends to recover or collect the amount. The notice shall do all of the following:

SB1, s. 1688 Section 1688. 49.85 (3) (b) 1. of the statutes is amended to read:

SB1,774,3 49.85 (3) (b) 1. Inform the person that the department of workforce development children and families intends to certify to the department of revenue an amount that the department of workforce development children and families has determined to be due under s. 49.161 or 49.195 (3) 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.

SB1, s. 1689 Section 1689. 49.85 (3) (b) 2. of the statutes is amended to read:

SB1,774,8 49.85 (3) (b) 2. Inform the person that he or she may appeal the determination of the department of workforce development children and families to certify the amount by requesting a hearing under sub. (4) within 30 days after the date of the letter and inform the person of the manner in which he or she may request a hearing.

SB1, s. 1690 Section 1690. 49.85 (3) (b) 3. of the statutes is amended to read:

SB1,774,13 49.85 (3) (b) 3. Inform the person that, if the determination of the department of workforce development children and families is appealed, that department will not certify the amount to the department of revenue while the determination of the department of workforce development children and families is under appeal.

SB1, s. 1691 Section 1691. 49.85 (3) (b) 4. of the statutes is amended to read:

SB1,774,20 49.85 (3) (b) 4. Inform the person that, unless a contested case hearing is requested to appeal the determination of the department of workforce development children and families, the person may be precluded from challenging any subsequent setoff of the certified amount by the department of revenue, except on the grounds that the certified amount has been partially or fully paid or otherwise discharged, since the date of the notice.

SB1, s. 1692 Section 1692. 49.85 (3) (b) 5. of the statutes is amended to read:

SB1,774,24 49.85 (3) (b) 5. Request that the person inform the department of workforce development children and families if a bankruptcy stay is in effect with respect to the person or if the claim has been discharged in bankruptcy.

SB1, s. 1693 Section 1693. 49.85 (4) (b) of the statutes is amended to read:

SB1,775,6 49.85 (4) (b) If a person has requested a hearing under this subsection, the department of workforce development children and families shall hold a contested case hearing under s. 227.44, except that the department of workforce development children and families may limit the scope of the hearing to exclude issues that were presented at a prior hearing or that could have been presented at a prior opportunity for hearing.

SB1, s. 1694 Section 1694. 49.85 (5) of the statutes is amended to read:

SB1,775,17 49.85 (5) Effect of certification. Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93. Certification of an amount under this section does not prohibit the department of health and family services or the department of workforce development children and families from attempting to recover or collect the amount through other legal means. The department of health and family services or the department of workforce development children and families shall promptly notify the department of revenue upon recovery or collection of any amount previously certified under this section.

SB1, s. 1695 Section 1695. 49.852 (1) of the statutes is renumbered 49.852 (1m) and amended to read:

SB1,776,4 49.852 (1m) The department of workforce development may direct the department of employee trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan to withhold the amount specified in the statewide support lien docket under s. 49.854 (2) (b) from any lump sum payment from a pension plan that may be paid a delinquent support obligor, except that the department of workforce development may not direct that an amount be withheld under this subsection unless it has met the notice requirements under sub. (2) and unless the amount specified has either not been appealed or is no longer under appeal under s. 49.854.

SB1, s. 1696 Section 1696. 49.852 (1c) of the statutes is created to read:

SB1,776,7 49.852 (1c) In this section, "department" means the department of children and families.

SB1, s. 1697 Section 1697. 49.852 (2) (intro.) of the statutes is amended to read:

SB1,776,12 49.852 (2) (intro.) The department of workforce development shall send a notice to the last-known address of the person from whom the department intends to recover the amount specified in the statewide support lien docket under s. 49.854 (2) (b). The notice shall do all of the following:

SB1, s. 1698 Section 1698. 49.852 (2) (c) of the statutes is amended to read:

SB1,776,16 49.852 (2) (c) Request that the person inform the department of workforce development or the appropriate county child support agency under s. 59.53 (5) if a bankruptcy stay is in effect with respect to the person.

SB1, s. 1699 Section 1699. 49.852 (3) of the statutes is amended to read:

SB1,777,9 49.852 (3) If a person has requested a hearing pursuant to sub. (2) (b), the hearing shall be conducted before the circuit court that rendered the initial order to pay support. The court shall schedule a hearing within 10 business days after receiving a request for a hearing. A circuit court commissioner may conduct the hearing. If the court determines that the person owes the amount specified in the statewide support lien docket under s. 49.854 (2) (b), the department of workforce development may direct the department of employee trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan, whichever is appropriate, to withhold the amount from any lump sum payment from a pension plan that may be paid the person. If the court determines that the person does not owe the amount specified in the statewide support lien docket under s. 49.854 (2) (b), the department of workforce development may not direct the department of employee trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan, whichever is appropriate, to withhold the amount from any lump sum payment from a pension plan that may be paid the person.

SB1, s. 1700 Section 1700. 49.852 (4) (a) of the statutes is amended to read:

SB1,777,17 49.852 (4) (a) If the department of workforce development directs the department of employee trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan to withhold the amount specified in the statewide support lien docket under s. 49.854 (2) (b), this directive shall constitute a lien, equal to the amount specified in the statewide support lien docket, on any lump sum payment from a pension plan that may be paid the person.