Amendment ASA1-AB75

AB75-ASA1,591,9 49.197 (2) (title) Fraud Local fraud investigation by counties and tribal governing bodies.

AB75-ASA1, s. 1259 Section 1259. 49.197 (2) (a) of the statutes is renumbered 49.197 (2) (a) (intro.) and amended to read:

AB75-ASA1,591,12 49.197 (2) (a) (intro.) In this subsection, "tribal:

AB75-ASA1,591,14 2. "Tribal governing body" means an elected governing body of a federally recognized American Indian tribe.

AB75-ASA1, s. 1260 Section 1260. 49.197 (2) (a) 1. of the statutes is created to read:

AB75-ASA1,591,17 49.197 (2) (a) 1. "County department" means a county department under s. 46.215, 46.22, or 46.23.

AB75-ASA1, s. 1261 Section 1261. 49.197 (2) (b) of the statutes is amended to read:

AB75-ASA1,591,25 49.197 (2) (b) A If a county department, Wisconsin Works agency, or tribal governing body administers the Wisconsin Works program, the county department, Wisconsin Works agency, or tribal governing body may establish a program to investigate suspected fraudulent activity on the part of participants in the Wisconsin Works program under this subchapter, including persons receiving a child care subsidy under s. 49.155, and to recover incorrect payments made or incorrect benefits provided as a result of fraudulent activity.

AB75-ASA1, s. 1262 Section 1262. 49.197 (2) (c) (intro.) of the statutes is renumbered 49.197 (2) (c) and amended to read:

AB75-ASA1,592,10 49.197 (2) (c) If a A county department, Wisconsin Works agency, or tribal governing body that establishes a program under par. (b), the county or tribal governing body shall pay to the department all of the following: shall advise both the department and the department of health services of the date on which the program was established and, on an ongoing basis, of any amounts recovered as a result of the program. A county department, Wisconsin Works agency, or tribal governing body may retain any amounts recovered under a program under this subsection and must use the moneys retained to pay cash benefits to Wisconsin Works participants.

AB75-ASA1, s. 1262m Section 1262m. 49.197 (2) (c) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:

AB75-ASA1,592,20 49.197 (2) (c) A county department, Wisconsin Works agency, or tribal governing body that establishes a program under par. (b) shall advise both the department and the department of health services of the date on which the program was established and, on an ongoing basis, of any amounts recovered as a result of the program. A Except as provided in par. (cm), a county department, Wisconsin Works agency, or tribal governing body may retain any amounts recovered under a program under this subsection and must use the moneys retained to pay cash benefits to Wisconsin Works participants.

AB75-ASA1, s. 1263 Section 1263. 49.197 (2) (c) 1. of the statutes is repealed.

AB75-ASA1, s. 1264 Section 1264. 49.197 (2) (c) 2. of the statutes is repealed.

AB75-ASA1, s. 1265 Section 1265. 49.197 (2) (c) 3. of the statutes is repealed.

AB75-ASA1, s. 1265m Section 1265m. 49.197 (2) (cm) of the statutes is created to read:

AB75-ASA1,593,6 49.197 (2) (cm) Any amounts recovered with respect to the child care subsidy program under s. 49.155 by a county department in a county having a population of 500,000 or more as a result of a program under par. (b) or due to the efforts of an employee of such a county who is supervised by the department or the department of health services under s. 49.825 shall be credited to the appropriation account under s. 20.437 (2) (me).

AB75-ASA1, s. 1266 Section 1266. 49.197 (2) (d) of the statutes is repealed.

AB75-ASA1, s. 1267 Section 1267. 49.22 (6) of the statutes is amended to read:

AB75-ASA1,593,17 49.22 (6) The department shall establish, pursuant to federal and state laws, rules, and regulations, a uniform system of fees for services provided under this section to individuals not receiving aid under s. 48.645, 49.19, 49.47, or 49.471; benefits under s. 49.148, 49.155, or 49.79; or foster care maintenance payments under 42 USC 670 to 679a; or kinship care payments under s. 48.57 (3m) or long-term kinship care payments under s. 48.57 (3n). The system of fees may take into account an individual's ability to pay. Any fee paid and collected under this subsection may be retained by the county providing the service except for the fee specified in 42 USC 653 (e) (2) for federal parent locator services.

AB75-ASA1, s. 1268 Section 1268. 49.22 (7m) of the statutes is amended to read:

AB75-ASA1,594,3 49.22 (7m) The department may contract with or employ a collection agency or other person to enforce a support obligation of a parent who is delinquent in making support payments and may contract with or employ an attorney to appear in an action in state or federal court to enforce such an the obligation. To pay for the department's administrative costs of implementing this subsection, the department may charge a fee to counties, use federal matching funds or funds retained by the department under s. 49.24 (2) (c), or use up to 30% of this state's share of a collection made under this subsection on behalf of a recipient of aid to families with dependent children or a recipient of kinship care payments under s. 48.57 (3m) or long-term kinship care payments under s. 48.57 (3n).

AB75-ASA1, s. 1268b Section 1268b. 49.24 (1) (intro.) of the statutes is created to read:

AB75-ASA1,594,6 49.24 (1) (intro.) The department shall provide child support incentive payments to counties from one of the following appropriations:

AB75-ASA1, s. 1268c Section 1268c. 49.24 (1) of the statutes, as affected by 2007 Wisconsin Act 20, section 1474d, is renumbered 49.24 (1) (b) and amended to read:

AB75-ASA1,594,13 49.24 (1) (b) From If federal legislation provides for the matching of federal funds for federal child support incentive payments at a rate of 66 percent or more, from the appropriation under s. 20.437 (2) (k), the department shall provide child support incentive payments to counties while the federal legislation is in effect. Total payments under this subsection paragraph may not exceed $5,690,000 per year.

AB75-ASA1, s. 1268e Section 1268e. 49.24 (1) (a) of the statutes is created to read:

AB75-ASA1,594,16 49.24 (1) (a) Unless par. (b) applies, from the appropriation under s. 20.437 (2) (bc).

AB75-ASA1, s. 1268f Section 1268f. 49.24 (2) (b) 1. of the statutes is repealed.

AB75-ASA1, s. 1268g Section 1268g. 49.24 (2) (b) 2. of the statutes is amended to read:

AB75-ASA1,594,22 49.24 (2) (b) 2. Of the amount of federal child support incentive payments awarded to the state for each federal fiscal year after federal fiscal year 2002, the amount awarded if that amount is less than $12,340,000, or $12,340,000 plus 30% of the amount awarded that exceeds $12,340,000.

AB75-ASA1, s. 1268h Section 1268h. 49.24 (2) (b) 3. of the statutes is amended to read:

AB75-ASA1,594,25 49.24 (2) (b) 3. All federal matching funds associated with the amounts distributed under subds. 1. and subd. 2.

AB75-ASA1, s. 1268i Section 1268i. 49.24 (2) (c) of the statutes is amended to read:

AB75-ASA1,595,8 49.24 (2) (c) The department may retain 50% of the amount of federal child support incentive payments awarded to the state for federal fiscal year 2002 that exceeds $12,340,000, and may retain 70% of the amount of federal child support incentive payments awarded to the state for each federal fiscal year after federal fiscal year 2002 that exceeds $12,340,000, to be used to pay the costs of the department's activities under ss. 49.22 and 49.227 and costs related to receiving and disbursing support and support-related payments.

AB75-ASA1, s. 1268j Section 1268j. 49.24 (2) (dm) of the statutes, as created by 2007 Wisconsin Act 20, is amended to read:

AB75-ASA1,595,15 49.24 (2) (dm) If the amount of federal child support incentive payments awarded to the state for a federal fiscal year is less than $12,340,000 and the department is providing child support incentive payments to counties for that federal fiscal year under sub. (1) (b), the total of payments distributed to counties under par. (b) and sub. (1) for that federal fiscal year may not exceed $12,340,000.

AB75-ASA1, s. 1268k Section 1268k. 49.24 (4) of the statutes, as created by 2007 Wisconsin Act 20, is repealed.

AB75-ASA1, s. 1268p Section 1268p. 49.25 of the statutes is created to read:

AB75-ASA1,596,2 49.25 Incentive payments for identifying children with health insurance. From the appropriation under s. 20.437 (2) (e), the department may provide incentive payments to county child support agencies under s. 59.53 (5) for identifying children who are receiving medical assistance benefits and who have health insurance coverage or access to health insurance coverage. The department of children and families may disclose to the department of health services information that it possesses or obtains that would assist in identifying children with medical assistance coverage who have health insurance coverage or access to health insurance coverage.

AB75-ASA1, s. 1269 Section 1269. 49.26 of the statutes is repealed.

AB75-ASA1, s. 1270 Section 1270. 49.32 (6) of the statutes is amended to read:

AB75-ASA1,596,14 49.32 (6) Welfare reform studies. The department shall request proposals from persons in this state for studies of the effectiveness of various program changes, referred to as welfare reform, to the aid to families with dependent children program, including the requirement that certain recipients of aid to families with dependent children with children under age 6 participate in training programs, the learnfare school attendance requirement under s. 49.26 (1) (g) and the modification of the earned income disregard under s. 49.19 (5) (am). The studies shall evaluate the effectiveness of the various efforts, including their cost-effectiveness, in helping individuals gain independence through the securing of jobs and providing financial incentives and in identifying barriers to independence.

AB75-ASA1, s. 1271 Section 1271. 49.32 (9) (a) of the statutes is amended to read:

AB75-ASA1,597,2 49.32 (9) (a) Each county department under s. 46.215, 46.22, or 46.23 administering aid to families with dependent children shall maintain a monthly report at its office showing the names of all persons receiving aid to families with dependent children together with the amount paid during the preceding month. Each Wisconsin Works agency administering Wisconsin Works under ss. 49.141 to 49.161 shall maintain a monthly report at its office showing the names of all persons receiving benefits under s. 49.148 together with the amount paid during the preceding month. Nothing in this paragraph shall be construed to authorize or require the disclosure in the report of any information (names, amounts of aid or otherwise) pertaining to adoptions, or aid furnished for the care of children in foster homes or treatment foster homes under s. 48.645 or 49.19 (10).

AB75-ASA1, s. 1272 Section 1272. 49.32 (10m) (a) of the statutes is amended to read:

AB75-ASA1,598,9 49.32 (10m) (a) A county department, relief agency under s. 49.01 (3m), 2009 stats., or Wisconsin works Works agency shall, upon request, and after providing the notice to the recipient required by this paragraph, release the current address of a recipient of relief under s. 49.01 (3), 2009 stats., aid to families with dependent children, or benefits under s. 49.148 to a person, the person's attorney, or an employee or agent of that attorney, if the person is a party to a legal action or proceeding in which the recipient is a party or a witness, unless the person is a respondent in an action commenced by the recipient under s. 813.12, 813.122, 813.123, 813.125, or 813.127. If the person is a respondent in an action commenced by the recipient under s. 813.12, 813.122, 813.123, 813.125, or 813.127, the county department, relief agency, or Wisconsin works Works agency may not release the current address of the recipient. No county department, relief agency, or Wisconsin works Works agency may release an address under this paragraph until 21 days after the address has been requested. A person requesting an address under this paragraph shall be required to prove his or her identity and his or her participation as a party in a legal action or proceeding in which the recipient is a party or a witness by presenting a copy of the pleading or a copy of the subpoena for the witness. The person shall also be required to sign a statement setting forth his or her name, address , and the reasons for making the request and indicating that he or she understands the provisions of par. (b) with respect to the use of the information obtained. The statement shall be made on a form prescribed by the department and shall be sworn and notarized. Within 7 days after an address has been requested under this paragraph, the county department, relief agency, or Wisconsin works Works agency shall mail to each recipient whose address has been requested a notification of that fact on a form prescribed by the department. The form shall also include the date on which the address was requested, the name and address of the person who requested the disclosure of the address, the reason that the address was requested, and a statement that the address will be released to the person who requested the address no sooner than 21 days after the date on which the request for the address was made. County departments, relief agencies, and Wisconsin works Works agencies shall keep a record of each request for an address under this paragraph.

AB75-ASA1, s. 1273 Section 1273. 49.34 (1) of the statutes is amended to read:

AB75-ASA1,598,20 49.34 (1) All services under this subchapter and ch. 48 purchased by the department or by a county department under s. 46.215, 46.22, or 46.23 shall be authorized and contracted for under the standards established under this section. The department may require the county departments to submit the contracts to the department for review and approval. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes or treatment foster homes that are required to be licensed under s. 48.62. When the department directly contracts for services, it shall follow the procedures in this section in addition to meeting purchasing requirements established in s. 16.75.

AB75-ASA1, s. 1274 Section 1274. 49.343 (title) of the statutes is amended to read:

AB75-ASA1,598,23 49.343 (title) Rates for residential care centers and, group homes, and child welfare agencies.

AB75-ASA1, s. 1275 Section 1275. 49.343 (1) of the statutes is renumbered 49.343 (1g) and amended to read:

AB75-ASA1,599,9 49.343 (1g) Establishment of rates. Subject to sub. (1m), each residential care center for children and youth, as defined in s. 48.02 (15d), and each group home, as defined in s. 48.02 (7), that is incorporated under ch. 180, 181, 185, or 193 shall establish a per client rate for its services and each child welfare agency shall establish a per client administrative rate for the administrative portion of its treatment foster care services. A residential care center for children and youth and a group home shall charge all purchasers the same rate for the same services and a child welfare agency shall charge all purchasers the same administrative rate for the same treatment foster care services.

AB75-ASA1, s. 1276 Section 1276. 49.343 (1d) of the statutes is created to read:

AB75-ASA1,599,11 49.343 (1d) Definitions. In this section:

AB75-ASA1,599,15 (a) "Administrative rate" means the difference between the rate charged by a child welfare agency to a purchaser of treatment foster care services and the rate paid by the child welfare agency to a treatment foster parent for the care and maintenance of a child.

AB75-ASA1,599,17 (b) "Child welfare agency" means a child welfare agency that is authorized under s. 48.61 (7) to license treatment foster homes.

AB75-ASA1,599,18 (c) "Group home" has the meaning given in s. 48.02 (7).

AB75-ASA1,599,20 (d) "Residential care center for children and youth" has the meaning given in s. 48.02 (15d).

AB75-ASA1, s. 1276g Section 1276g. 49.343 (1d) (a) of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:

AB75-ASA1,600,2 49.343 (1d) (a) "Administrative rate" means the difference between the rate charged by a child welfare agency to a purchaser of treatment foster care services and the rate paid by the child welfare agency to a treatment foster parent for the care and maintenance of a child.

AB75-ASA1, s. 1276j Section 1276j. 49.343 (1d) (b) of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:

AB75-ASA1,600,6 49.343 (1d) (b) "Child welfare agency" means a child welfare agency that is authorized under s. 48.61 (7) to license treatment foster homes.

AB75-ASA1, s. 1276m Section 1276m. 49.343 (1g) of the statutes, as affected by 2009 Wisconsin Act .... (this act), section 1275, is amended to read:

AB75-ASA1,600,17 49.343 (1g) Establishment of rates. Subject to sub. (1m), each residential care center for children and youth and each group home shall establish a per client rate for its services and each child welfare agency shall establish a per client administrative rate for the administrative portion of its treatment foster care services. A residential care center for children and youth and a group home shall charge all purchasers the same rate for the same services and a child welfare agency shall charge all purchasers the same administrative rate for the same treatment foster care services. The department shall determine the levels of care created under the rules promulgated under s. 48.62 (8) to which this section applies.

AB75-ASA1, s. 1277 Section 1277. 49.343 (1g) of the statutes, as affected by 2009 Wisconsin Act .... (this act), sections 1275 and 1276m, is repealed and recreated to read:

AB75-ASA1,601,6 49.343 (1g) Establishment of rates. For services provided beginning on January 1, 2011, the department shall establish the per client rate that a residential care center for children and youth or a group home may charge for its services, and the per client administrative rate that a child welfare agency may charge for the administrative portion of its foster care services, as provided in this section. In establishing rates for a placement specified in s. 938.357 (4) (c) 1. or 2., the department shall consult with the department of corrections. A residential care center for children and youth and a group home shall charge all purchasers the same rate for the same services and a child welfare agency shall charge all purchasers the same administrative rate for the same foster care services. The department shall determine the levels of care created under the rules promulgated under s. 48.62 (8) to which this section applies.

AB75-ASA1, s. 1278 Section 1278. 49.343 (1m) of the statutes is amended to read:

AB75-ASA1,602,3 49.343 (1m) Negotiation of rates. Notwithstanding sub. (1) (1g), the department, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, a group of those county departments, or the department and one or more of those county departments, and a residential care center for children and youth or group home, as described in sub. (1), may negotiate a per client rate for the services of that residential care center for children and youth or group home, and the department, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, a group of those county departments, or the department and one or more of those county departments, and a child welfare agency may negotiate a per client administrative rate for the administrative portion of the treatment foster care services of that child welfare agency, if the department, that county department, the county departments in that group of county departments, or the department and one or more of those county departments, agree to place 75% or more of the residents of that residential care center for children and youth or group home or of the treatment foster homes operated by that child welfare agency during the period for which that rate is effective. A residential care center for children and youth or group home that negotiates a per client rate under this subsection shall charge that rate to all purchasers of its services the same rate for the same services and a child welfare agency that negotiates a per client administrative rate under this subsection shall charge all purchasers of its treatment foster care services the same administrative rate for the same treatment foster care services.

AB75-ASA1, s. 1278g Section 1278g. 49.343 (1m) of the statutes, as affected by 2009 Wisconsin Act .... (this act), section 1278, is amended to read:

AB75-ASA1,602,25 49.343 (1m) Negotiation of rates. Notwithstanding sub. (1g), the department, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, a group of those county departments, or the department and one or more of those county departments, and a residential care center for children and youth or group home may negotiate a per client rate for the services of that residential care center for children and youth or group home, and the department, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, a group of those county departments, or the department and one or more of those county departments, and a child welfare agency may negotiate a per client administrative rate for the administrative portion of the treatment foster care services of that child welfare agency, if the department, that county department, the county departments in that group of county departments, or the department and one or more of those county departments, agree to place 75% or more of the residents of that residential care center for children and youth or group home or of the treatment foster homes operated by that child welfare agency during the period for which that rate is effective. A residential care center for children and youth or group home that negotiates a per client rate under this subsection shall charge all purchasers of its services the same rate for the same services and a child welfare agency that negotiates a per client administrative rate under this subsection shall charge all purchasers of its treatment foster care services the same administrative rate for the same treatment foster care services.

AB75-ASA1, s. 1279 Section 1279. 49.343 (1m) of the statutes, as affected by 2009 Wisconsin Act .... (this act), sections 1278 and 1278g, is repealed.

AB75-ASA1, s. 1280 Section 1280. 49.343 (2) (title) of the statutes is created to read:

AB75-ASA1,603,4 49.343 (2) (title) Determination of rates.

AB75-ASA1, s. 1281 Section 1281. 49.343 (2) of the statutes is renumbered 49.343 (2) (a) and amended to read:

AB75-ASA1,603,18 49.343 (2) (a) A By October 1, 2010, and annually after that, a residential care center for children and youth or a group home, as described in sub. (1) or (1m), shall submit to the department the rate it charges and any change in that rate before a charge is made to any purchaser per client rate that it proposes to charge for services provided in the next year and a child welfare agency shall submit to the department the proposed per client administrative rate that it proposes to charge for foster care services provided in the next year. The department shall provide forms and instructions for the submission of rates and changes in proposed rates under this subsection paragraph and a residential care center for children and youth or a , group home, or child welfare agency that is required to submit a rate or a change in a proposed rate under this subsection paragraph shall submit that rate or change in a proposed rate using those forms and instructions.

AB75-ASA1, s. 1282 Section 1282. 49.343 (2) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75-ASA1,604,4 49.343 (2) (a) By October 1 annually, a residential care center for children and youth or a group home shall submit to the department the per client rate that it proposes to charge for services provided in the next year and a child welfare agency shall submit to the department the proposed per client administrative rate that it proposes to charge for foster care services provided in the next year. The department shall provide forms and instructions for the submission of proposed rates under this paragraph and a residential care center for children and youth, group home, or child welfare agency that is required to submit a proposed rate under this paragraph shall submit that proposed rate using those forms and instructions.

AB75-ASA1, s. 1283 Section 1283. 49.343 (2) (b) of the statutes is created to read:

AB75-ASA1,604,13 49.343 (2) (b) The department shall review a proposed rate submitted under par. (a) and audit the residential care center for children and youth, group home, or child welfare agency submitting the proposed rate to determine whether the proposed rate is appropriate to the level of services to be provided, the qualifications of the residential care center for children and youth, group home, or child welfare agency to provide those services, and the reasonable and necessary costs of providing those services. In reviewing a proposed rate, the department shall consider all of the following factors:

AB75-ASA1,604,16 1. Changes in the consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on June 30 of the year in which the proposed rate is submitted.

AB75-ASA1,604,19 2. Changes in the allowable costs of the residential care center for children and youth, group home, or child welfare agency based on current actual cost data or documented projections of costs.

AB75-ASA1,604,21 3. Changes in program utilization that affect the per client rate or per client administrative rate.

AB75-ASA1,604,22 4. Changes in the department's expectations relating to service delivery.

AB75-ASA1,604,25 5. Changes in service delivery proposed by the residential care center for children and youth, group home, or child welfare agency and agreed to by the department.

AB75-ASA1,605,2 6. The loss of any source of revenue that had been used to pay expenses, resulting in a lower per client rate or per client administrative rate for services.

AB75-ASA1,605,5 7. Changes in any state or federal laws, rules, or regulations that result in any change in the cost of providing services, including any changes in the minimum wage, as defined in s. 49.141 (1) (g).

AB75-ASA1,605,6 8. Competitive factors.

AB75-ASA1,605,8 9. The availability of funding to pay for the services to be provided under the proposed rate.