AB75: Bill Text

AB75,672,18 3. A technical college pursuant to a contract under s. 118.15 (2).

AB75,672,21 4. A course of study meeting the standards established by the state superintendent of public instruction under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation.

AB75, s. 1374 Section 1374. 49.79 (8) of the statutes is repealed.

AB75, s. 1375 Section 1375. 49.79 (9) (a) 3. of the statutes is amended to read:

AB75,673,3 49.79 (9) (a) 3. The department may not require an individual who is a recipient under the food stamp program to participate in any employment and training program under this subsection if that individual is enrolled at least half time in a school, as defined in s. 49.26 (1) (a) 2., a training program, or an institution of higher education.

AB75, s. 1376 Section 1376. 49.797 (2) (a) of the statutes is amended to read:

AB75,673,12 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.

AB75, s. 1377 Section 1377. 49.83 of the statutes is amended to read:

AB75,673,24 49.83 Limitation on giving information. Except as provided under s. ss. 49.32 (9), (10), and (10m) and 49.45 (19m), 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.

AB75, s. 1378 Section 1378. 49.84 (3) of the statutes is repealed.

AB75, s. 1379 Section 1379. 49.84 (4) of the statutes is repealed.

AB75, s. 1380 Section 1380. 49.895 of the statutes is created to read:

AB75,674,3 49.895 Insurance claim intercept. (1) In this section:

AB75,674,5 (a) "Medical assistance liability" means an amount that the department of health services may recover under s. 49.497, 49.847, or 49.89.

AB75,674,7 (b) "Support liability" means an amount that is entered in the statewide support lien docket under s. 49.854.

AB75,674,9 (2) Before paying an insurance claim of $500 or more to any individual, an insurer that is authorized to do business in this state shall do all of the following:

AB75,674,12 (a) Verify with the department of health services, in the manner required by that department, whether the individual to whom the claim is to be paid has a medical assistance liability.

AB75,674,14 (b) Check the statewide support lien docket to determine whether the individual to whom the claim is to be paid has a support liability.

AB75,674,17 (3) If an individual to whom a claim of $500 or more is to be paid has a support liability or a medical assistance liability, or both, the insurer shall distribute the claim proceeds as follows:

AB75,674,20 (a) First, if there is a support liability, to the department of children and families to pay the support liability, up to the amount of the support liability or the amount of the claim, whichever is less.

AB75,674,23 (b) Next, if there is a medical assistance liability, to the department of health services to pay the medical assistance liability, up to the amount of the medical assistance liability or the amount of the claim proceeds remaining, whichever is less.

AB75,674,24 (c) Last, to the individual, the remainder of the claim proceeds, if any.

AB75,675,5 (4) The department of health services shall promulgate rules for the administration of this section, including procedures for insurers to follow and any notice and hearing requirements. Notwithstanding s. 227.24 (3), the rules under this subsection may be promulgated as emergency rules under s. 227.24 without a finding of emergency.

AB75, s. 1381 Section 1381. 49.96 of the statutes is amended to read:

AB75,675,12 49.96 Assistance grants exempt from levy. All grants of aid to families with dependent children, payments made under ss. 48.57 (3m) or (3n), 49.148 (1) (b) 1. or (c) or (1m) or 49.149 to 49.159, payments made for social services, cash benefits paid by counties under s. 59.53 (21), and benefits under s. 49.77 or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment , and every other process and shall be inalienable.

AB75, s. 1382 Section 1382. 50.01 (1) (intro.) of the statutes is amended to read:

AB75,675,15 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):

AB75, s. 1383 Section 1383. 50.01 (1) (a) 1. of the statutes is amended to read:

AB75,676,2 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.

AB75, s. 1384 Section 1384. 50.01 (1) (a) 2. of the statutes is amended to read:

AB75,676,6 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.

AB75, s. 1385 Section 1385. 50.01 (1) (b) of the statutes is amended to read:

AB75,676,12 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).

AB75, s. 1386 Section 1386. 50.01 (1) (c) of the statutes is created to read:

AB75,676,16 50.01 (1) (c) A place in which the operator provides care, treatment, support, or service above the level of room and board, but not including nursing care, to up to 2 adults who are not related to the operator.

AB75, s. 1387 Section 1387. 50.02 (1) of the statutes is amended to read:

AB75,677,6 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".

AB75, s. 1388 Section 1388. 50.02 (4) of the statutes is repealed.

AB75, s. 1389 Section 1389. 50.03 (5g) (cm) of the statutes is created to read:

AB75,677,15 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.

AB75, s. 1390 Section 1390. 50.031 of the statutes is created to read:

AB75,677,19 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).

AB75,678,3 (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).

AB75,678,5 (b) The department shall certify an adult family home upon determining that the adult family home satisfies standards established under sub. (3).

AB75,678,9 (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:

AB75,678,11 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.

AB75,678,12 2. That the adult family home satisfies standards established under sub. (3).

AB75,678,14 (d) Certification under par. (b) or (c) shall be valid until revoked by the department.

AB75,678,16 (3) Standards. The department shall establish standards for certification under this section.

AB75,678,19 (4) Investigation. The department may investigate complaints that an adult family home certified under this section violated a standard for certification under sub. (3).

AB75,678,22 (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).

AB75,678,24 (6) Fee. The department may charge a fee for certification under sub. (2) (a) and a fee for a certification under sub. (2) (b).

AB75, s. 1391 Section 1391. 50.032 (2) of the statutes is amended to read:

AB75,679,6 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.

AB75, s. 1392 Section 1392. 50.032 (2d) of the statutes is created to read:

AB75,679,11 50.032 (2d) Accompaniment or visitation. If an adult family home has a policy on who may accompany or visit a patient, the adult family home shall extend the same right of accompaniment or visitation to a patient's domestic partner under ch.770 as is accorded the spouse of a patient under the policy.

AB75, s. 1393 Section 1393. 50.033 (2) of the statutes is amended to read:

AB75,679,23 50.033 (2) Regulation. Standards Except as provided in sub. (2d), standards for operation of licensed adult family homes and procedures for application for licensure, monitoring, inspection, revocation and appeal of revocation under this section shall be under rules promulgated by the department under s. 50.02 (2) (am) 2. An adult family home licensure is valid until revoked under this section. Licensure is not transferable. The biennial licensure fee for a licensed adult family home is $135 $171, except that the department may, by rule, increase the amount of the fee. The fee is payable to the county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, if the county department licenses the adult family home under sub. (1m) (b), and is payable to the department, on a schedule determined by the department if the department licenses the adult family home under sub. (1m) (b).

AB75, s. 1394 Section 1394. 50.033 (2d) of the statutes is created to read:

AB75,680,4 50.033 (2d) Accompaniment or visitation. If an adult family home has a policy on who may accompany or visit a patient, the adult family home shall extend the same right of accompaniment or visitation to a patient's domestic partner under ch. 770 as is accorded the spouse of a patient under the policy.

AB75, s. 1395 Section 1395. 50.033 (3) of the statutes is amended to read:

AB75,680,22 50.033 (3) Investigation of alleged violations. If the department or a licensing county department under sub. (1m) (b) is advised or has reason to believe that any person is violating this section or the rules promulgated under s. 50.02 (2) (am) 2., the department or the licensing county department shall make an investigation to determine the facts. For the purposes of this investigation, the department or the licensing county department may inspect the premises where the violation is alleged to occur. If the department or the licensing county department finds that the requirements of this section and of rules under s. 50.02 (2) (am) 2. are met, the department or the licensing county department may, if the premises are not licensed, license the premises under this section. If the department or the licensing county department finds that a person is violating this section or the rules under s. 50.02 (2) (am) 2., the department or the licensing county department may institute an action under sub. (5). If the department takes enforcement action against an adult family home for violating this section or rules promulgated under s. 50.02 (2) (am) 2., and the department subsequently conducts an on-site inspection of the adult family home to review the adult family home's action to correct the violation, the department may impose a $200 inspection fee on the adult family home.

AB75, s. 1396 Section 1396. 50.034 (3) (e) of the statutes is created to read:

AB75,681,2 50.034 (3) (e) If a residential care apartment complex has a policy on who may accompany or visit a patient, the residential care apartment complex shall extend the same right of accompaniment or visitation to a patient's domestic partner under ch. 770 as is accorded the spouse of a patient under the policy.

AB75, s. 1397 Section 1397. 50.034 (5t) of the statutes is created to read:

AB75,681,8 50.034 (5t) Notice of Long-Term Care Ombudsman Program. A residential care complex shall post in a conspicuous location in the residential care apartment complex a notice, provided by the board on aging and long-term care, of the name, address, and telephone number of the Long-Term Care Ombudsman Program under s. 16.009 (2) (b).

AB75, s. 1398 Section 1398. 50.034 (10) of the statutes is created to read:

AB75,681,15 50.034 (10) Inspection fee. If the department takes enforcement action against a residential care apartment complex for a violation of this section or rules promulgated under sub. (2), and the department subsequently conducts an on-site inspection of the residential care apartment complex to review the residential care apartment complex's action to correct the violation, the department may impose a $200 inspection fee on the residential care apartment complex.

AB75, s. 1399 Section 1399. 50.035 (2d) of the statutes is created to read:

AB75,681,21 50.035 (2d) Accompaniment or visitation. If a community-based residential facility has a policy on who may accompany or visit a patient, the community-based residential facility shall extend the same right of accompaniment or visitation to a patient's domestic partner under ch. 770 as is accorded the spouse of a patient under the policy.

AB75, s. 1400 Section 1400. 50.037 (2) (a) of the statutes is renumbered 50.037 (2) (a) 1. and amended to read:

AB75,682,2 50.037 (2) (a) 1. The Except as provided in subd. 2., the biennial fee for a community-based residential facility is $306 $389, plus a biennial fee of $39.60 $50.25 per resident, based on the number of residents that the facility is licensed to serve.

AB75, s. 1401 Section 1401. 50.037 (2) (a) 2. of the statutes is created to read:

AB75,682,5 50.037 (2) (a) 2. The department may, by rule, increase the amount of the fee under subd. 1.

AB75, s. 1402 Section 1402. 50.04 (2d) of the statutes is created to read:

AB75,682,10 50.04 (2d) Accompaniment or visitation. If a nursing home has a policy on who may accompany or visit a patient, the nursing home shall extend the same right of accompaniment or visitation to a patient's domestic partner under ch. 770 as is accorded the spouse of a patient under the policy.

AB75, s. 1403 Section 1403. 50.04 (4) (dm) of the statutes is created to read:

AB75,682,19 50.04 (4) (dm) Inspection fee. If the department takes enforcement action against a nursing home, including an intermediate care facility for the mentally retarded, as defined in 42 USC 1396d (d), for a violation of this subchapter or rules promulgated under it or for a violation of a requirement under 42 USC 1396r, and the department subsequently conducts an on-site inspection of the nursing home to review the nursing home's action to correct the violation, the department may, unless the nursing home is operated by the state, impose a $200 inspection fee on the nursing home.

AB75, s. 1404 Section 1404. 50.04 (4) (e) 1. of the statutes is amended to read:

AB75,683,15 50.04 (4) (e) 1. If a nursing home desires to contest any department action under this subsection, it shall send a written request for a hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1) within 10 60 days of receipt of notice of the contested action. Department action that is subject to a hearing under this subsection includes service of a notice of a violation of this subchapter or rules promulgated under this subchapter, a notation in the report under sub. (3) (b), imposition of a plan of correction, and rejection of a nursing home's plan of correction, but does not include a correction order. Upon the request of the nursing home, the division shall grant a stay of the hearing under this paragraph until the department assesses a forfeiture, so that its hearing under this paragraph is consolidated with the forfeiture appeal hearing held under sub. (5) (e). All agency action under this subsection arising out of a violation, deficiency , or rejection and imposition of a plan of correction shall be the subject of a single hearing. Unless a stay is granted under this paragraph, the division shall commence the hearing within 30 days of the request for hearing, within 30 days of the department's acceptance of a nursing home's plan of correction, or within 30 days of the department's imposition of a plan of correction, whichever is later. The division shall send notice to the nursing home in conformance with s. 227.44. Issues litigated at the hearing may not be relitigated at subsequent hearings under this paragraph arising out of the same violation or deficiency.

AB75, s. 1405 Section 1405. 50.04 (5) (e) of the statutes is amended to read:

AB75,684,3 50.04 (5) (e) Forfeiture appeal hearing. A nursing home may contest an assessment of forfeiture by sending, within 10 60 days after receipt of notice of a contested action, a written request for hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days of receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent.

AB75, s. 1406 Section 1406. 50.04 (5) (fr) of the statutes is repealed.

AB75, s. 1407 Section 1407. 50.05 (1) (dg) of the statutes is created to read:

AB75,684,6 50.05 (1) (dg) "Medicare" means 42 USC 1395 to 1395hhh.

AB75, s. 1408 Section 1408. 50.05 (2) (g) of the statutes is created to read:

AB75,684,10 50.05 (2) (g) The department or the facility determines that estimated operating expenditures of the facility significantly exceed anticipated revenues for the facility.