2009 Wisconsin Act 28

28,1358 Section 1358. 49.686 (3) (d) of the statutes is amended to read:

49.686 (3) (d) Has applied for coverage under and has been denied eligibility for medical assistance within 12 months prior to application for reimbursement under sub. (2). This paragraph does not apply to an individual who is eligible for benefits under the demonstration project for childless adults under s. 49.45 (23) or to an individual who is eligible for benefits under BadgerCare Plus under s. 49.471 (11).

28,1359 Section 1359. 49.686 (3) (f) of the statutes is amended to read:

49.686 (3) (f) Is an individual whose annual gross household income is at or below 200% of the poverty line and, if funding is available under s. 20.435 (1) (i) or (m) or (5) (i), is an individual whose annual gross household income is above 200% and at or below 300% of the poverty line.

28,1360 Section 1360. 49.686 (6) (title) of the statutes is amended to read:

49.686 (6) (title) Health Insurance Risk-Sharing Plan pilot program coverage .

28,1361 Section 1361. 49.686 (6) (a) (intro.) of the statutes is amended to read:

49.686 (6) (a) (intro.) Subject to par. (b), the department shall conduct a 3-year pilot program, to begin on January 1, 2008, under which the department may pay premiums for coverage under the Health Insurance Risk-Sharing Plan under subch. II of ch. 149, and pay copayments under that plan for prescription drugs for which reimbursement may be provided under sub. (2), for individuals who satisfy all of the following:

28,1362 Section 1362. 49.686 (6) (b) of the statutes is amended to read:

49.686 (6) (b) The pilot program shall be open to a minimum of 100 participants at any given time, with more participants if the department determines that it is cost-effective.

28,1363 Section 1363. 49.686 (6) (c) of the statutes is amended to read:

49.686 (6) (c) The department may promulgate rules for the administration of the pilot program. Notwithstanding s. 227.24 (3), rules under this paragraph may be promulgated as emergency rules under s. 227.24 without a finding of emergency.

28,1364 Section 1364. 49.688 (1) (e) of the statutes is amended to read:

49.688 (1) (e) "Program payment rate" means the rate of payment made for the identical drug specified under s. 49.46 (2) (b) 6. h., plus 5%, plus a dispensing fee that is equal to the dispensing fee permitted to be charged for prescription drugs for which coverage is provided under s. 49.46 (2) (b) 6. h.

28,1365 Section 1365. 49.688 (3) (d) of the statutes is amended to read:

49.688 (3) (d) Notwithstanding s. 49.002, if If a person who is eligible under this section has other available coverage for payment of a prescription drug, this section applies only to costs for prescription drugs for the person that are not covered under the person's other available coverage.

28,1366 Section 1366. 49.688 (8) of the statutes is repealed.

28,1367 Section 1367. 49.688 (12) of the statutes is amended to read:

49.688 (12) Except as provided in subs. (8) (8m) to (11) and except for the department's rule-making requirements and authority, the department may enter into a contract with an entity to perform the duties and exercise the powers of the department under this section.

28,1369 Section 1369 . 49.775 (2) (bm) of the statutes is amended to read:

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 accruing during the time that any payment under this subsection is made to the custodial parent. 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 children and families 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 children and families shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.

28,1369c Section 1369c. 49.775 (2) (bm) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

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 accruing during the time that any payment under this subsection is made to the custodial parent. 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 Seventy-five percent of all money that is received by the department of children and families 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 children and families shall pay the federal share of support assigned under this paragraph as required under federal law or waiver.

28,1370 Section 1370. 49.775 (2m) of the statutes is created to read:

49.775 (2m) Disregard of support. In determining a custodial parent's eligibility under this section, the department shall, for purposes of determining the custodial parent's income, disregard any court-ordered support that is received by or owed to the custodial parent.

28,1371 Section 1371. 49.776 of the statutes is created to read:

49.776 Payment of support arrears. If a custodial parent who formerly received payments under s. 49.775 but who is no longer receiving payments under s. 49.775 assigned to the state under s. 49.775 (2) (bm) his or her right or the right of the dependent child to support from any other person, the department shall pay to the custodial parent all money in support arrears that is collected by the department after the custodial parent's receipt of payments under s. 49.775 ceased and that accrued while the custodial parent was receiving those payments.

28,1371p Section 1371p. 49.78 (8) (a) of the statutes is amended to read:

49.78 (8) (a) From the appropriation accounts under s. 20.435 (4) (bn) and (nn) 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, including conducting fraud prevention activities. 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) 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.

28,1371r Section 1371r. 49.78 (8) (c) of the statutes is created to read:

49.78 (8) (c) From the appropriation under s. 20.435 (4) (np), the department shall provide supplemental funding to tribal governing bodies and counties for administration of the food stamp program. During the 2009-11 fiscal biennium, the department shall allocate $4,550,000 of the total funding under this paragraph among tribal governing bodies and counties other than counties having populations of 500,000 or more for food stamp program administration and shall allocate the remainder of the federal funding for the department's administration of the food stamp program in Milwaukee County.

28,1371s Section 1371s. 49.78 (8) (c) of the statutes, as created by 2009 Wisconsin Act .... (this act), is repealed.

28,1376 Section 1376. 49.797 (2) (a) of the statutes is amended to read:

49.797 (2) (a) Except Notwithstanding s. 46.028 and except as provided in par. (b) and sub. (8), the department shall administer a statewide program to deliver food stamp benefits to recipients of food stamp benefits by an electronic benefit transfer system. All suppliers, as defined in s. 49.795 (1) (d), may participate in the delivery of food stamp benefits under the electronic benefit transfer system. The department shall explore methods by which nontraditional retailers, such as farmers' markets, may participate in the delivery of food stamp benefits under the electronic benefit transfer system.

28,1376g Section 1376g. 49.826 of the statutes is created to read:

49.826 Administration of child care provider services in certain counties. (1) Definitions. In this section:

(a) "County" means a county having a population of 500,000 or more.

(b) "Department" means the department of children and families.

(c) "Secretary" means the secretary of children and families.

(d) "Unit" means the child care provider services unit.

(2) Establishment of unit. (a) The department may establish a child care provider services unit under s. 15.02 (3) (c) 3. to perform any of the following administrative functions under the program under s. 49.155 in a county:

1. Certify day care providers under s. 48.651.

2. Provide child care program integrity services under s. 49.197 (2).

3. Annually perform a survey of market child care rates, as directed by the department, and determine maximum reimbursement rates, if the department so directs.

4. Assist individuals who are eligible for child care subsidies under s. 49.155 to identify available child care providers and select appropriate child care arrangements.

(b) The department may enter into a contract with a county that provides for the performance by the county of any of the administrative functions under this subsection in the county.

(c) The department shall reimburse a county for all approved, allowable costs that are incurred by the county under a contract with the department under par. (b).

(3) Division of employment-related functions. (a) Supervisory personnel in the unit shall be state employees. Nonsupervisory staff performing services under this section for the unit in a county may be a combination of state employees and employees of the county. For the performance of services under this section for the unit, a county shall maintain no fewer represented authorized full-time employee positions than the number of represented full-time employee positions that were authorized on February 1, 2009, for performance of the same types of services.

(b) 1. The department shall have the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, discipline, and adjust grievances with respect to, and state supervisory employees may supervise, county employees performing services under this section for the unit.

2. For the purposes under subd. 1., the department shall use the same process and procedures under ch. 230 that are used for the classified service of the state civil service system, including specifically the use of probationary periods under s. 230.28.

3. County employees performing services under this section for the unit in a county shall be subject to the residency requirements that apply to other county employees under the county's civil service rules.

4. The department may enter into a memorandum of understanding, as described under s. 111.70 (3p), with the certified representative of the county employees performing services under this section in the county for the unit. If there is a dispute as to hours or conditions of employment that remains between the department and the certified representative after a good faith effort to resolve it, the department may unilaterally resolve the dispute.

(c) A county shall perform all administrative tasks related to payroll and benefits for the county employees performing services under this section in the county for the unit.

(4) Treatment of former county employees appointed to state employee positions in the unit. All of the following shall apply to an employee who is appointed to a state employee position in the unit after the effective date of this subsection .... [LRB inserts date], and who, immediately prior to his or her appointment, was a county employee:

(a) The employee shall serve any applicable probationary period under s. 230.28, but shall have his or her seniority with the state computed by treating the employee's total service with the county as state service.

(b) Annual leave for the employee shall accrue at the rate provided in s. 230.35 using the employee's state service computed under par. (a).

(c) 1. The employee may remain a participating employee in the retirement system established under chapter 201, laws of 1937. To remain under the retirement system established under chapter 201, laws of 1937, the employee must exercise this option in writing, on a form provided by the department, at the time the employee is appointed to a state employee position. The employee shall exercise this option, in writing, no later than 10 days after the employee is appointed to a state employee position. An employee's decision to remain a participating employee in the retirement system established under chapter 201, laws of 1937, is irrevocable during the period that the employee is holding a state employee position in the unit.

2. The secretary shall pay, on behalf of the employee, all required employer contributions under the retirement system established under chapter 201, laws of 1937.

(d) The employee shall have his or her sick leave accrued with the state computed by treating the employee's unused balance of sick leave accrued with the county as sick leave accrued in state service, but not to exceed the amount of sick leave the employee would have accrued in state service for the same period, if the employee is able to provide adequate documentation in accounting for sick leave used during the accrual period with the county. Sick leave that transfers under this paragraph is not subject to a right of conversion, under s. 40.05 (4) or otherwise, upon death or termination of creditable service for payment of health insurance benefits on behalf of the employee or the employee's dependents.

28,1377 Section 1377. 49.83 of the statutes is amended to read:

49.83 Limitation on giving information. Except as provided under s. ss. 49.25 and 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 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.

28,1382 Section 1382. 50.01 (1) (intro.) of the statutes is amended to read:

50.01 (1) (intro.) "Adult family home" means one of the following and does not include a place that is specified in sub. (1g) (a) to (d), (f), or (g):

28,1383 Section 1383. 50.01 (1) (a) 1. of the statutes is amended to read:

50.01 (1) (a) 1. Care and maintenance above the level of room and board but not including nursing care are provided in the private residence by the care provider whose primary domicile is this residence for 3 or 4 adults, or more adults if all of the adults are siblings, each of whom has a developmental disability, as defined in s. 51.01 (5), or, if the residence is licensed as a foster home, care and maintenance are provided to children, the combined total of adults and children so served being no more than 4, or more adults or children if all of the adults or all of the children are siblings, or, if the residence is licensed as a treatment foster home, care and maintenance are provided to children, the combined total of adults and children so served being no more than 4.

28,1384 Section 1384. 50.01 (1) (a) 2. of the statutes is amended to read:

50.01 (1) (a) 2. The private residence was licensed under s. 48.62 as a foster home or treatment foster home for the care of the adults specified in subd. 1. at least 12 months before any of the adults attained 18 years of age.

28,1385 Section 1385. 50.01 (1) (b) of the statutes is amended to read:

50.01 (1) (b) A place where 3 or 4 adults who are not related to the operator reside and receive care, treatment or services that are above the level of room and board and that may include up to 7 hours per week of nursing care per resident. "Adult family home" does not include a place that is specified in sub. (1g) (a) to (d), (f) or (g).

28,1386 Section 1386. 50.01 (1) (c) of the statutes is created to read:

50.01 (1) (c) A place in which the operator provides care, treatment, support, or service above the level of room and board to up to 2 adults.

28,1387 Section 1387. 50.02 (1) of the statutes is amended to read:

50.02 (1) Departmental authority. The department may provide uniform, statewide licensing, inspection, and regulation of community-based residential facilities and nursing homes as provided in this subchapter. The department shall certify, inspect, and otherwise regulate adult family homes, as specified under s. ss. 50.031 and 50.032 and shall license adult family homes, as specified under s. 50.033. Nothing in this subchapter may be construed to limit the authority of the department of commerce or of municipalities to set standards of building safety and hygiene, but any local orders of municipalities shall be consistent with uniform, statewide regulation of community-based residential facilities. The department may not prohibit any nursing home from distributing over-the-counter drugs from bulk supply. The department may consult with nursing homes as needed and may provide specialized consultations when requested by any nursing home, separate from its inspection process, to scrutinize any particular questions the nursing home raises. The department shall, by rule, define "specialized consultation".

28,1389 Section 1389. 50.03 (5g) (cm) of the statutes is created to read:

50.03 (5g) (cm) If the department imposes a sanction on or takes other enforcement action against a community-based residential facility for a violation of this subchapter or rules promulgated under it, and the department subsequently conducts an on-site inspection of the community-based residential facility to review the community-based residential facility's action to correct the violation, the department may impose a $200 inspection fee on the community-based residential facility.

28,1390 Section 1390. 50.031 of the statutes is created to read:

50.031 Certification of 1-bed and 2-bed adult family homes. (1) Definition. In this section, "adult family home" has the meaning given in s. 50.01 (1) (c).

(2) Certification. (a) After the date on which the family care benefit under s. 46.286 is first made available in a county, no person may operate an adult family home in that county that provides residential care to a recipient of supplemental security income under 42 USC 1381 to 1383c, a recipient of the family care benefit under s. 46.286, or a recipient of services under s. 46.27 (11), 46.275, 46.277, 46.278, or 46.2785, or under any other program operated under a waiver authorized by the secretary at the U.S. department of health and human services under 42 USC 1396n (b) or (c), unless the adult family home is certified by the department under par. (b) or (c).

(b) The department shall certify an adult family home upon determining that the adult family home satisfies standards established under sub. (3).

(c) The department shall certify an adult family home that was certified to receive payment for residential care under s. 46.27 (11), 46.275, 46.277, 46.278, or 46.2785 by a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 if the operator of the adult family home attests to all of the following:

1. That the adult family home was certified by the county department and is at the same location as when certified by the county department.

2. That the adult family home satisfies standards established under sub. (3).

(d) Certification under par. (b) or (c) shall be valid until revoked by the department.

(3) Standards. The department shall establish standards for certification under this section.

(4) Investigation. The department may investigate complaints that an adult family home certified under this section violated a standard for certification under sub. (3).

(5) Revocation. The department may revoke the certification of an adult family home that is certified under this section if the adult family home violates a standard established under sub. (3).

(6) Fee. The department may charge a fee for certification under sub. (2) (a) and a fee for a certification under sub. (2) (b).

28,1391 Section 1391. 50.032 (2) of the statutes is amended to read:

50.032 (2) Regulation. Standards Except as provided in sub. (2d), standards for operation of certified adult family homes and procedures for application for certification, monitoring, inspection, decertification and appeal of decertification under this section shall be under rules promulgated by the department under s. 50.02 (2) (am) 1. An adult family home certification is valid until decertified under this section. Certification is not transferable.