AB40: Bill Text

AB40,598,10 (6) Applicability. This section applies to any of the following transfers of real property:

AB40,598,12 (a) A transfer that is made on or after the effective date of this paragraph .... [LRB inserts date].

AB40,598,15 (b) A transfer that was made before the effective date of this paragraph .... [LRB inserts date], if the grantor is receiving medical assistance on, or receives medical assistance after, the effective date of this paragraph .... [LRB inserts date].

AB40,1198 Section 1198. 49.67 of the statutes is repealed.

AB40,1199 Section 1199. 49.682 (1) (am) of the statutes is created to read:

AB40,598,19 49.682 (1) (am) "Decedent" means a deceased client or a deceased nonclient surviving spouse, whichever is applicable.

AB40,1200 Section 1200. 49.682 (1) (d) of the statutes is created to read:

AB40,598,23 49.682 (1) (d) "Nonclient surviving spouse" means any person who was married to a client while the client was receiving services for which the cost may be recovered under sub. (2) (a) and who survived the client.

AB40,1201 Section 1201. 49.682 (1) (e) of the statutes is created to read:

AB40,599,5 49.682 (1) (e) 1. "Property of a decedent" means all real and personal property to which the client held any legal title or in which the client had any legal interest immediately before death, to the extent of that title or interest, including assets transferred to a survivor, heir, or assignee through joint tenancy, tenancy in common, survivorship, life estate, living trust, or any other arrangement.

AB40,599,11 2. Notwithstanding subd. 1., "property of a decedent" includes all real and personal property in which the nonclient surviving spouse had an ownership interest at the client's death and in which the client had a marital property interest with that nonclient surviving spouse at any time within 5 years before the client applied for aid under s. 49.68, 49.683, or 49.685 or during the time that the recipient was eligible for aid under s. 49.68, 49.683, or 49.685.

AB40,1202 Section 1202. 49.682 (2) (a) of the statutes is amended to read:

AB40,599,16 49.682 (2) (a) Except as provided in par. (d), the department shall file a claim against the estate of a client or, and against the estate of the a nonclient surviving spouse of a client, for the amount of aid under s. 49.68, 49.683, or 49.685 paid to or on behalf of the client.

AB40,1203 Section 1203. 49.682 (2) (bm) of the statutes is created to read:

AB40,599,20 49.682 (2) (bm) 1. Property that is subject to the department's claim under par. (a) in the estate of a client or in the estate of a nonclient surviving spouse is all property of a decedent that is included in the estate.

AB40,599,24 2. There is a presumption, which may be rebutted by clear and convincing evidence, that all property in the estate of the nonclient surviving spouse was marital property held with the client and that 100 percent of the property in the estate of the nonclient surviving spouse is subject to the department's claim under par. (a).

AB40,1204 Section 1204. 49.682 (2) (c) (intro.) of the statutes is amended to read:

AB40,600,4 49.682 (2) (c) (intro.) The court shall reduce the amount of a claim under par. (a) by up to the amount specified in s. 861.33 (2) if necessary to allow the client's decedent's heirs or the beneficiaries of the client's decedent's will to retain the following personal property:

AB40,1205 Section 1205. 49.682 (2) (e) 1. of the statutes is amended to read:

AB40,600,12 49.682 (2) (e) 1. If the department's claim is not allowable because of par. (d) and the estate includes an interest in real property, including a home, the court exercising probate jurisdiction shall, in the final judgment or summary findings and order, assign the interest in the home real property subject to a lien in favor of the department for the amount described in par. (a). The personal representative or petitioner for summary settlement or summary assignment of the estate shall record the final judgment as provided in s. 863.29, 867.01 (3) (h), or 867.02 (2) (h).

AB40,1206 Section 1206. 49.682 (2) (e) 2. of the statutes is amended to read:

AB40,600,20 49.682 (2) (e) 2. If the department's claim is not allowable because of par. (d), the estate includes an interest in real property, including a home, and the personal representative closes the estate by sworn statement under s. 865.16, the personal representative shall stipulate in the statement that the home real property is assigned subject to a lien in favor of the department for the amount described in par. (a). The personal representative shall record the statement in the same manner as described in s. 863.29, as if the statement were a final judgment.

AB40,1207 Section 1207. 49.682 (2) (f) (intro.) of the statutes is amended to read:

AB40,600,23 49.682 (2) (f) (intro.) The department may not enforce the a lien under par. (e) as long as any of the following survive the decedent:

AB40,1208 Section 1208. 49.682 (2) (fm) of the statutes is created to read:

AB40,601,2 49.682 (2) (fm) All of the following apply to a lien under par. (e) that the department may not enforce because of par. (f):

AB40,601,5 1. If the decedent's surviving spouse or child who is under age 21 or disabled refinances a mortgage on the real property, the lien is subordinate to the new encumbrance.

AB40,601,7 2. The department shall release the lien in the circumstances described in s. 49.848 (5) (f).

AB40,1209 Section 1209. 49.682 (3) of the statutes is amended to read:

AB40,601,14 49.682 (3) The department shall administer the program under this section and may contract with an entity to administer all or a portion of the program, including gathering and providing the department with information needed to recover payment of aid provided under s. 49.68, 49.683, or 49.685. All funds received under this subsection, net of any amount claimed under s. 867.035 (3) 49.849 (5), shall be remitted for deposit in the general fund.

AB40,1210 Section 1210. 49.682 (5) of the statutes is amended to read:

AB40,601,21 49.682 (5) The department shall promulgate rules establishing standards for determining whether the application of this section would work an undue hardship in individual cases. If the department determines that the application of this section would work an undue hardship in a particular case, the department shall waive application of this section in that case. This subsection does not apply with respect to claims against the estates of nonclient surviving spouses.

AB40,1211 Section 1211. 49.78 (1) (b) of the statutes is amended to read:

AB40,602,2 49.78 (1) (b) "Income maintenance program" means the Medical Assistance program under subch. IV of ch. 49, the Badger Care health care program under s. 49.665, the food stamp program under 7 USC 2011 to 2036 except for the employment and training program described in s. 49.79 (9), or the cemetery, funeral, and burial expenses program under s. 49.785.

AB40,1212 Section 1212. 49.79 (9) (a) 1. of the statutes is amended to read:

AB40,602,15 49.79 (9) (a) 1. The department shall administer an employment and training program for recipients under the food stamp program and may contract with county departments under ss. 46.215, 46.22, and 46.23, multicounty consortia, and with local workforce development boards established under 29 USC 2832, tribal governing bodies, or other organizations to carry out the administrative functions. The department may contract, or a A county department, multicounty consortium, or local workforce development board, tribal governing body, or other organization may subcontract, with a Wisconsin Works agency or another provider to administer the employment and training program under this subsection. Except as provided in subds. 2. and 3., the department may require able individuals who are 18 to 60 years of age who are not participants in a Wisconsin Works employment position to participate in the employment and training program under this subsection.

AB40,1213 Section 1213. 49.79 (9) (a) 2. of the statutes is amended to read:

AB40,602,20 49.79 (9) (a) 2. The department may not require an individual who is a recipient under the food stamp program and who is the caretaker of a child under the age of 12 weeks 6 to participate in any employment and training program under this subsection.

AB40,1214 Section 1214. 49.79 (9) (b) (intro.) of the statutes is amended to read:

AB40,602,24 49.79 (9) (b) (intro.) An Except as provided in par. (c), an individual who fails to comply with the work requirements under par. (a) without good cause is ineligible to participate in the food stamp program as follows:

AB40,1215 Section 1215. 49.79 (9) (c) of the statutes is created to read:

AB40,603,3 49.79 (9) (c) If the department implements a policy under sub. (10), par. (b) does not apply to an individual who is required to fulfill the work requirement under sub. (10) (b).

AB40,1216 Section 1216. 49.79 (10) of the statutes is created to read:

AB40,603,7 49.79 (10) Eligibility and work requirements for able-bodied adults. (a) In this subsection, "able-bodied adult" means an individual who is not any of the following:

AB40,603,8 1. Younger than 18 years of age.

AB40,603,9 2. Fifty years of age or older.

AB40,603,11 3. Determined by the department to be medically certified as physically or mentally unfit for employment, as described in 7 CFR 273.24 (c) (2).

AB40,603,14 4. A parent of a household member who is younger than 18 years old, even if the household member who is younger than 18 years old is not eligible for food stamps.

AB40,603,17 5. Residing in a household that includes a household member who is younger than 18 years old, even if the household member who is younger than 18 years old is not eligible for food stamps.

AB40,603,19 6. Exempt from the work requirement under the food stamp program, as described in 7 CFR 273.24 (c) (5).

AB40,603,20 7. Pregnant.

AB40,603,23 (b) The department may implement a policy that complies with 7 CFR 273.24. If the department implements a policy under this paragraph, all of the following apply:

AB40,604,3 1. The department shall require an able-bodied adult who is participating in the food stamp program to fulfill the work requirement defined under 7 CFR 273.24 (a) (1).

AB40,604,6 2. If an able-bodied adult does not fulfill the work requirement, the department may limit the able-bodied adult's eligibility for food stamps to no more than 3 months during a 3-year period.

AB40,604,8 3. The department may exempt up to 15 percent of the able-bodied adults who are participating in the food stamp program from the time limit under subd. 2.

AB40,604,13 (c) If the department determines that a waiver, or an amendment to a waiver, is necessary to implement a policy that complies with 7 CFR 273.24, the department shall request the waiver or the amendment to the waiver from the federal department of agriculture to permit the department to implement a policy that complies with 7 CFR 273.24 as provided under this subsection.

AB40,1217 Section 1217. 49.826 (2) (a) 3. of the statutes is repealed.

AB40,1218 Section 1218. 49.83 of the statutes is amended to read:

AB40,605,5 49.83 Limitation on giving information. Except as provided under 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 departments of children and families and health services may disclose, including by transmitting or granting access to electronic data, such information, including social security numbers, to the department of revenue for the sole purpose purposes of administering state taxes, including verifying refundable individual income tax credits, and collecting debts owed to the department of revenue. 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.

AB40,1219 Section 1219. 49.84 (6) (c) 1. d. of the statutes is amended to read:

AB40,605,9 49.84 (6) (c) 1. d. A child who is receiving medical assistance under s. 49.46 (1) (a) 13., 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.

AB40,1220 Section 1220. 49.84 (7) of the statutes is created to read:

AB40,605,11 49.84 (7) (a) In this subsection:

AB40,605,12 1. "Department" means the department of health services.

AB40,605,14 2. "Medical Assistance" means the Medical Assistance program under subch. IV.

AB40,605,20 (b) Except as provided in par. (c), for determining eligibility or continued eligibility the department shall electronically verify the residence of an applicant for or recipient of Medical Assistance. If the department is unable to verify the applicant's or recipient's residence electronically, the applicant or recipient must provide adequate proof of residency, in the manner determined by the department, to be eligible for Medical Assistance.

AB40,605,22 (c) The requirements under par. (b) do not apply with respect to any of the following:

AB40,606,2 1. An individual who is receiving benefits under the food stamp program under 7 USC 2011 to 2029 or under the Temporary Assistance for Needy Families block grant program and who presented an acceptable form of residency verification for receipt of those benefits.

AB40,606,5 2. An individual who resides in a nursing home, intermediate care facility, inpatient psychiatric hospital, or other residential care facility and whose care in the facility is paid for by Medical Assistance.

AB40,606,9 3. A child residing in a foster care placement under the care and placement responsibility of a county department under s. 46.215, 46.22, or 46.23 or, in a county with a population of 500,000 or more, under the care and placement responsibility of the department of children and families.

AB40,1221 Section 1221. 49.848 of the statutes is created to read:

AB40,606,12 49.848 Treatment of real property owned by certain public assistance recipients. (1) Definitions. In this section:

AB40,606,13 (a) "Department" means the department of health services.

AB40,606,19 (b) "Public assistance" means any services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), that may be recoverable under s. 49.496 (3) (a); medical assistance under subch. IV that may be recoverable under s. 49.496 (3) (a); long-term community support services funded under s. 46.27 (7) that may be recoverable under s. 46.27 (7g) (c) 1.; or aid under s. 49.68, 49.683, or 49.685 that may be recoverable under s. 49.682 (2) (a).

AB40,606,20 (c) "Recipient" means a person who received public assistance.

AB40,606,23 (2) Creation of documents for recording. The department shall create all of the following for recording in the office of the register of deeds in the real estate records index:

AB40,607,5 (a) A document entitled "REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE AND NOTICE OF POTENTIAL CLAIM," which shall require notice to the department with respect to any transfer of title to, placement of an encumbrance on, or termination of an interest in, the property to which the document relates and which shall provide notice that the department may have a claim against the property to which the document relates on the basis of providing public assistance to an individual who has or had a legal interest in the property.

AB40,607,12 (b) A document entitled "TERMINATION OF REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE AND NOTICE OF POTENTIAL CLAIM," which shall provide notice that, with respect to property against which a REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE AND NOTICE OF POTENTIAL CLAIM has been recorded, no notice to the department is required when title to the property is transferred, an encumbrance is placed on the property, or an interest in the property is terminated.

AB40,607,22 (c) A document entitled "CERTIFICATE OF CLEARANCE," which shall provide notice that, with respect to property against which a REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE AND NOTICE OF POTENTIAL CLAIM has been recorded, but against which a TERMINATION OF REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE AND NOTICE OF POTENTIAL CLAIM has not been recorded, the department has no objection to the transfer of title to, placement of an encumbrance on, or termination of an interest in, the property, and that no notice to the department is required in the future when title to the property is transferred, an encumbrance is placed on the property, or an interest in the property is terminated.

AB40,608,3 (3) Recording of request for notice and termination of request for notice. (a) 1. Whenever an individual becomes eligible for public assistance, and at any time during the time that an individual is eligible for public assistance, the department may record a REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE AND NOTICE OF POTENTIAL CLAIM if the individual has any of the following ownership interests in real property:

AB40,608,5 a. A current ownership interest in real property, including a marital property interest.

AB40,608,9 b. At any time within 5 years before the individual applied for public assistance or during the time that the individual is eligible for public assistance, a marital property interest in real property with his or her current spouse, if that spouse currently holds title to the real property.

AB40,608,12 2. The department shall record the document in the office of the register of deeds of the county in which the real property under subd. 1. a. or b., whichever is applicable, is located.

AB40,608,14 3. In this paragraph, an interest in real property includes a vendee's or vendor's interest in a land contract or an interest in real property held in a revocable trust.

AB40,608,24 (b) Whenever the department determines that, with respect to property against which a REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE AND NOTICE OF POTENTIAL CLAIM has been recorded, the department no longer requires notice when title to the property is transferred, an encumbrance is placed on the property, or an interest in the property is terminated, the department shall record a TERMINATION OF REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE AND NOTICE OF POTENTIAL CLAIM in the office of the register of deeds of the county in which the REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE AND NOTICE OF POTENTIAL CLAIM with respect to the property was recorded.

AB40,609,10 (3m) Disclosure of request for notice. If, in the course of a title search on real property, a title insurance company or agent finds that a REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE AND NOTICE OF POTENTIAL CLAIM has been recorded against the property but a TERMINATION OF REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE AND NOTICE OF POTENTIAL CLAIM has not been recorded against the property, the title insurance company or agent shall disclose that a REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE AND NOTICE OF POTENTIAL CLAIM has been recorded against the property in any report submitted preliminary to issuing, or in any commitment to offer, a certificate of title insurance for the real property.

AB40,609,18 (4) Transferring, encumbering, or terminating an interest in property; clearance by the department. (a) Any person transferring title to, encumbering, or terminating an interest in, property against which a REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE AND NOTICE OF POTENTIAL CLAIM has been recorded, but against which a TERMINATION OF REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE AND NOTICE OF POTENTIAL CLAIM has not been recorded, shall notify the department of the proposed transfer, encumbrance, or termination of interest.

AB40,609,23 (b) If, on the date that the person sends the notice under par. (a), the recipient who had the ownership interest in the property when the department recorded the REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE AND NOTICE OF POTENTIAL CLAIM is alive, the person may transfer title to, encumber, or terminate an interest in, the property with no further action by the department.

AB40,610,2 (c) If, on the date that the person sends the notice under par. (a), the recipient who had the ownership interest in the property when the department recorded the REQUEST FOR NOTICE OF TRANSFER OR ENCUMBRANCE AND NOTICE OF POTENTIAL CLAIM is deceased, all of the following apply: