2015 Wisconsin Act 55

55,1759m Section 1759m. 49.175 (1) (zh) of the statutes is amended to read:

49.175 (1) (zh) Earned income tax credit supplement. For the transfer of moneys from the appropriation account under s. 20.437 (2) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $62,500,000 $67,600,000 in fiscal year 2015-16 and $69,700,000 in each fiscal year 2016-17.

55,1760 Section 1760. 49.175 (3) of the statutes is created to read:

49.175 (3) Limit on certain funds. Moneys from the appropriation account under s. 20.437 (3) (kp) for the allocations specified in sub. (1) shall be limited to $4,730,300 and may be expended only for obligations incurred between October 1, 2015, and September 30, 2016.

55,1761 Section 1761. 49.195 (title) of the statutes is amended to read:

49.195 (title) Recovery of aid to families with dependent children and, Wisconsin works Works benefits, and overpayments of emergency assistance .

55,1762 Section 1762. 49.195 (3) of the statutes is amended to read:

49.195 (3) A county, tribal governing body, Wisconsin works Works agency, or the department shall determine whether an overpayment has been made under s. 49.19 49.138, 49.148, 49.155 or, 49.157, or 49.19 and, if so, the amount of the overpayment. The county, tribal governing body, Wisconsin works Works agency, or department shall provide notice of the overpayment to the liable person. The department shall give that person an opportunity for a review following the procedure specified under s. 49.152, if the person received the overpayment under s. 49.141 to 49.161, and for a hearing under ch. 227. Notwithstanding s. 49.96, the department shall promptly recover all overpayments made under s. 49.19 49.138, 49.148, 49.155 or, 49.157, or 49.19 that have not already been received under s. 49.138 (5), 49.161, or 49.19 (17) or received as a setoff under s. 71.93 and shall promulgate rules establishing policies and procedures to administer this subsection. The rules shall include notification procedures similar to those established for child support collections.

55,1762m Section 1762m. 49.22 (13) of the statutes is created to read:

49.22 (13) (a) Subject to par. (b), the department may terminate child and spousal support enforcement services if there is no longer a current support or maintenance order and either of the following applies:

1. Any support or maintenance arrearages total less than $500.

2. Any support or maintenance arrearages are considered unenforceable by a county child support agency under s. 59.53 (5) because no support or maintenance payments have been collected for 3 years and all administrative and legal remedies for collection of arrearages have been attempted or are determined to be ineffective because the payer is unable to pay, the payer has no known income or assets, and there is no reasonable prospect that the payer will be able to pay in the foreseeable future.

(b) The department shall, not less than 60 days prior to terminating child or spousal support services, notify the individual who receives the services, or the initiating state in an interstate enforcement action, of its intent to terminate services. If the individual or the state provides information to the department in response to the notification that could result in an effective enforcement action, the department may not terminate services.

(c) An individual or the initiating state in an interstate enforcement action may request the department to resume child or spousal support enforcement services terminated under this subsection if there is a change of circumstances that could result in an effective enforcement action and the individual or the state completes a new application for services and pays any applicable fee to the department for its services.

55,1763 Section 1763. 49.26 (1) (gm) 1. d. of the statutes is created to read:

49.26 (1) (gm) 1. d. A child whose Wisconsin Works group includes a participant under s. 49.147 (3), (4), or (5) who has been unable to participate in activities required under s. 49.147 (3), (4), or (5) due to the child's school-related problems.

55,1764 Section 1764. 49.275 of the statutes is amended to read:

49.275 Cooperation with federal government. The department may cooperate with the federal government in carrying out federal acts concerning public assistance under this subchapter and, child welfare under ch. 48, and community-based juvenile delinquency-related services under ch. 938 and in other matters of mutual concern under this subchapter pertaining to public welfare and under ch. 48 pertaining to, child welfare, and juvenile delinquency under this subchapter and chs. 48 and 938.

55,1765 Section 1765. 49.32 (1) (a) of the statutes is amended to read:

49.32 (1) (a) Except as provided in s. 49.345 (14) (b) and (c), the department shall establish a uniform system of fees for services provided or purchased under this subchapter and ch. 48, and community-based juvenile delinquency-related services under ch. 938, purchased or provided by the department, or by a county department under s. 46.215, 46.22, or 46.23, except as provided in s. 49.22 (6) and except when, as determined by the department, a fee is administratively unfeasible or would significantly prevent accomplishing the purpose of the service. A county department under s. 46.215, 46.22, or 46.23 shall apply the fees that it collects under this program to cover the cost of those services. The department shall report to the joint committee on finance no later than March 1 of each year on the number of children placed for adoption by the department during the previous year and the costs to the state for services relating to such adoptions.

55,1766 Section 1766. 49.32 (1) (b) of the statutes is amended to read:

49.32 (1) (b) Except as provided in s. 49.345 (14) (b) and (c), any person receiving services purchased or provided or purchased under par. (a) or the spouse of the person and, in the case of a minor, the parents of the person, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, shall be liable for the services in the amount of the fee established under par. (a).

55,1767 Section 1767. 49.32 (2) (b) of the statutes is amended to read:

49.32 (2) (b) The department may make social services payments and payments for community-based juvenile delinquency-related services directly to recipients, vendors, or providers in accordance with law and rules of the department on behalf of the counties which that have contracts to have such those payments made on their behalf.

55,1767m Section 1767m. 49.32 (6m) of the statutes is created to read:

49.32 (6m) Milwaukee parental choice program research. (a) In this subsection, "qualified independent researcher" means a faculty member of a university who satisfies all of the following:

1. The faculty member has an approved protocol from an institutional review board for human subjects research to work with data containing personal information for the purposes of evaluating the program under s. 119.23.

2. The faculty member has received from the state and properly managed data containing personal information for the purposes of evaluating the program under s. 119.23 before the effective date of this subdivision .... [LRB inserts date].

(b) The department shall permit a qualified independent researcher to have access to any database maintained by the department for the purpose of cross-matching information contained in any such database with a database that both is in the possession of the qualified independent researcher and contains information regarding pupils participating in the program under s. 119.23. The department may charge a fee to the qualified independent researcher for the information that does not exceed the cost incurred by the department to provide the information.

55,1768 Section 1768. 49.325 (1) (a) of the statutes is amended to read:

49.325 (1) (a) Each county department under s. 46.215, 46.22, or 46.23 shall submit its final budget for services purchased or directly provided or purchased under this subchapter or ch. 48 and for community-based juvenile delinquency-related services purchased or directly provided under ch. 938 to the department by December 31 annually.

55,1769 Section 1769. 49.325 (2) of the statutes is amended to read:

49.325 (2) Assessment of needs. Before developing and submitting a proposed budget for services purchased or directly provided or purchased under this subchapter or ch. 48 and for community-based juvenile delinquency-related services purchased or directly provided under ch. 938 to the county executive or county administrator or the county board, the county departments listed in sub. (1) shall assess needs and inventory resources and services, using an open public participation process.

55,1770 Section 1770. 49.325 (2g) (a) of the statutes is amended to read:

49.325 (2g) (a) The department shall annually submit to the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department a proposed written contract containing the allocation of funds for services purchased or directly provided or purchased under this subchapter or ch. 48, for community-based juvenile delinquency-related services purchased or directly provided under ch. 938, and for such administrative requirements as necessary. The contract as approved may contain conditions of participation consistent with federal and state law. The contract may also include provisions necessary to ensure uniform cost accounting of services. Any changes to the proposed contract shall be mutually agreed upon. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department shall approve the contract before January 1 of the year in which it takes effect unless the department grants an extension. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may designate an agent to approve addenda to any contract after the contract has been approved.

55,1771 Section 1771. 49.325 (2g) (b) of the statutes is amended to read:

49.325 (2g) (b) The department may not approve contracts for amounts in excess of available revenues. The county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department may appropriate funds for community-based juvenile delinquency-related services. Actual expenditure of county funds shall be reported in compliance with procedures developed by the department.

55,1772 Section 1772. 49.325 (2g) (c) of the statutes is amended to read:

49.325 (2g) (c) The joint committee on finance may require the department to submit contracts between county departments under ss. 46.215, 46.22, and 46.23 and providers of services under this subchapter or ch. 48 or of community-based juvenile delinquency-related services under ch. 938 to the committee for review and approval.

55,1773 Section 1773. 49.325 (2r) (a) 1. of the statutes is amended to read:

49.325 (2r) (a) 1. For services under this subchapter or ch. 48 or community-based juvenile delinquency-related services under ch. 938 that duplicate or are inconsistent with services being purchased or provided or purchased by the department or other county departments receiving grants-in-aid or reimbursement from the department.

55,1774 Section 1774. 49.325 (2r) (a) 2. of the statutes is amended to read:

49.325 (2r) (a) 2. Inconsistent with state or federal statutes, rules, or regulations, in which case the department may also arrange for the provision of services under this subchapter or ch. 48 or community-based juvenile delinquency-related services under ch. 938 by an alternate agency. The department may not arrange for the provision of those services by an alternate agency unless the joint committee on finance or a review body designated by the committee reviews and approves the department's determination.

55,1775 Section 1775. 49.34 (1) of the statutes is amended to read:

49.34 (1) All services under this subchapter and ch. 48 and all community-based juvenile delinquency-related services under ch. 938 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 that are required to be licensed under s. 48.62. When the department directly contracts for services, it the department shall follow the procedures in this section in addition to meeting purchasing requirements established in s. 16.75.

55,1776 Section 1776. 49.34 (2) of the statutes is amended to read:

49.34 (2) All services purchased under this subchapter and ch. 48 and all community-based juvenile delinquency-related services purchased under ch. 938 shall meet standards established by the department and other requirements specified by the purchaser in the contract. Based on these standards the department shall establish standards for cost accounting and management information systems that shall monitor the utilization of the services, and document the specific services in meeting the service plan for the client and the objective of the service.

55,1776n Section 1776n. 49.34 (3) (a) of the statutes is amended to read:

49.34 (3) (a) Purchase of service contracts Contracts under this section shall be written in accordance with rules promulgated and procedures established by the department. Contracts for client services shall show the total dollar amount to be purchased and; shall show for each service the number of clients to be served, number of client service units, the unit rate per client service, and the total dollar amount for each service; shall permit the provider of a rate-based service to generate a surplus of revenue earned under the contract over allowable costs incurred in the contract period; and shall permit a nonprofit corporation that is a provider of a rate-based service or a rate-regulated service to retain from that surplus the amounts specified in sub. (5m) (b), (d), (e), or (em), whichever is applicable. Nothing in this paragraph shall be construed to guarantee the generation of a surplus by a provider of a rate-based service.

55,1776p Section 1776p. 49.34 (3) (c) of the statutes is amended to read:

49.34 (3) (c) For proprietary agencies, contracts may include a percentage add-on for profit according to rules promulgated by the department. In calculating profits generated by a rate-regulated service, a proprietary agency may combine revenues in the same manner that a nonprofit corporation is permitted to combine revenues under sub. (5m) (d) 1. and may offset surpluses generated by affiliated providers against deficits generated by such providers in the same manner that a nonprofit corporation is permitted to offset surpluses against deficits under sub. (5m) (d) 2. In calculating profits generated by a rate-based service, a proprietary agency that is a successor provider following a merger, acquisition, consolidation, reorganization, sale, or other transfer may offset surpluses generated by a preexisting provider against deficits generated by such a provider in the same manner that a nonprofit corporation is permitted to offset surpluses against deficits under sub. (5m) (e).

55,1777 Section 1777. 49.34 (3) (f) of the statutes is repealed.

55,1777fb Section 1777fb. 49.34 (5m) (a) 1. of the statutes is renumbered 49.34 (5m) (a) 1r.

55,1777fc Section 1777fc. 49.34 (5m) (a) 1d. of the statutes is created to read:

49.34 (5m) (a) 1d. "Affiliated provider" means a provider that has control of, is subject to the control of, or is under common control with another provider.

55,1777fe Section 1777fe. 49.34 (5m) (a) 1g. of the statutes is created to read:

49.34 (5m) (a) 1g. "Combined revenues" means the aggregate revenues received by a provider from all purchasers of all rate-regulated services provided by the provider.

55,1777ff Section 1777ff. 49.34 (5m) (a) 1j. of the statutes is created to read:

49.34 (5m) (a) 1j. "Control" means the possession of the power, directly or indirectly, to direct or cause the direction of the management and policies of a provider through the ownership of more than 50 percent of the voting rights of the provider, by contract, or otherwise.

55,1777fh Section 1777fh. 49.34 (5m) (a) 2. of the statutes is amended to read:

49.34 (5m) (a) 2. "Rate-based service" means a service or a group of similar services, as determined by the department, provided under one or more contracts between a provider and the purchaser of those services that is reimbursed through a prospectively set rate and that is distinguishable from other services or groups of similar services by the purpose for which funds are provided for that service or group of similar services and by the source of funding for that service or group of similar services.

55,1777fj Section 1777fj. 49.34 (5m) (a) 3. of the statutes is created to read:

49.34 (5m) (a) 3. "Rate-regulated service" means a rate-based service that is reimbursed through a rate established under s. 49.343.

55,1777fk Section 1777fk. 49.34 (5m) (b) 1. and 2. of the statutes are consolidated, renumbered 49.34 (5m) (b) and amended to read:

49.34 (5m) (b) Subject to subds. 2. and 3. and par. pars. (d), (e), and (em), if revenue under a contract for the provision of a rate-based service exceeds allowable costs incurred in the contract period, the provider may shall be permitted to retain from the any surplus generated by that rate-based service up to 5% of the contract amount. A provider that retains a surplus under this subdivision shall as provided in this paragraph and to use that retained surplus to cover a deficit between revenue and allowable costs incurred in any preceding or future contract period for the same rate-based service that generated the surplus or to address the programmatic needs of clients served by the same rate-based service that generated the surplus. This subdivision does not apply to a child welfare agency that is authorized under s. 48.61 (7) to license foster homes, a group home, as defined in s. 48.02 (7), or a residential care center for children and youth, as defined in s. 48.02 (15d). 2. amount, in the sole discretion of the provider, to cover any allowable costs specified in 2 CFR part 200 or in any other applicable federal law or regulation. If on December 31 of any year the amount accumulated by a provider from all contract periods ending during that year for a rate-based service exceeds 5 percent of the total revenue received from all of those contract periods, the provider shall provide written notice of that excess to all purchasers of the rate-based service and, upon the written request of such a purchaser received no later than 6 months after the date of the notice, shall return to the purchaser the purchaser's proportional share of that excess. Subject to subd. 3. and par. pars. (d), (e), and (em), a provider may accumulate funds from more than one contract period under this paragraph, except that, if at the end of a contract period the amount accumulated from all contract periods for a rate-based service exceeds 10% of the amount of all current contracts for that rate-based service, the provider shall, at the request of a purchaser, return to that purchaser the purchaser's proportional share of that excess and use any of that excess that is not returned to a purchaser to reduce the provider's unit rate per client for that rate-based service in the next contract period. If a provider has held for 4 consecutive contract periods an accumulated reserve for a rate-based service that is equal to or exceeds 10% of the amount of all current contracts for that rate-based service, the provider shall apply 50% of that accumulated amount to reducing its unit rate per client for that rate-based service in the next contract period. The department may grant an exception to this subdivision upon request of a provider that is a child welfare agency that is authorized under s. 48.61 (7) to license foster homes, a group home, as defined in s. 48.02 (7), or a residential care center for children and youth, as defined in s. 48.02 (15d). A contract for a rate-based service may not limit the provider to retaining from any surplus generated by that service an amount that is less than 5 percent of the revenue received under the contract. Nothing in this paragraph shall be construed to guarantee the generation of a surplus by the provider of a rate-based service.

55,1777fn Section 1777fn. 49.34 (5m) (b) 3. of the statutes is repealed.

55,1777fp Section 1777fp. 49.34 (5m) (d) of the statutes is created to read:

49.34 (5m) (d) 1. Subject to subd. 2. and par. (e), if on December 31 of any year the combined revenues from all contract periods ending during that year for all rate-regulated services exceed the allowable costs related to the provision of those rate-regulated services in that year, the provider shall be permitted to retain any surplus generated by those rate-regulated services as provided in this subdivision and to use that retained amount, in the sole discretion of the provider, to cover any allowable costs specified in 2 CFR Part 200 or in any other applicable federal law or regulation. If on December 31 of any year the amount accumulated by a provider from all contract periods ending during that year for a rate-regulated service provided under those contracts in that year exceeds 5 percent of the total revenue received from all of those contract periods, the provider shall provide written notice of that excess to all purchasers of that rate-regulated service and, upon the written request of such a purchaser received no later than 6 months after the date of the notice, shall return to the purchaser the purchaser's proportional share of that excess. The department may grant an exception to this subdivision upon the request of a provider of a rate-regulated service. A contract for a rate-regulated service may not limit the provider to retaining from any surplus generated by that service an amount that is less than 5 percent of the revenue received under the contract. Nothing in this subdivision shall be construed to guarantee the generation of a surplus by the provider of a rate-regulated service.

2. In calculating under subd. 1. the surplus generated by 2 or more affiliated providers, any surplus of combined revenues over allowable costs generated by one or more of those affiliated providers shall be reduced, but not below zero, by any deficit between combined revenues and allowable costs generated by any one or more of those affiliated providers. If after that reduction there remains any net surplus, that net surplus shall be allocated among the affiliated providers that generated a surplus in proportion to the amount of surplus generated by each such affiliated provider and subd. 1. shall apply to each such affiliated provider's proportionate share of that surplus.

55,1777fq Section 1777fq. 49.34 (5m) (e) of the statutes is created to read:

49.34 (5m) (e) In making the calculations under pars. (b) and (d), if 2 or more providers engage in a merger, acquisition, consolidation, reorganization, sale, or other transfer resulting in a single successor provider, all surpluses generated by a rate-based service or a rate-regulated service provided by a preexisting provider shall be offset against all deficits generated by that service provided by a preexisting provider and those net surpluses or deficits shall be the surpluses or deficits of the successor provider.

55,1777fr Section 1777fr. 49.34 (5m) (em) of the statutes is amended to read:

49.34 (5m) (em) Notwithstanding par. (b) 1. and 2., a county department under s. 46.215, 51.42, or 51.437 providing client services in a county having a population of 500,000 or more or a nonstock, nonprofit corporation providing client services in such a county may not retain a surplus generated by a rate-based service or accumulate funds from more than one contract period for a rate-based service from revenues that are used to meet the maintenance-of-effort requirement under the federal temporary assistance for needy families program under 42 USC 601 to 619.

55,1778 Section 1778. 49.345 (1) of the statutes is amended to read:

49.345 (1) Liability and the collection and enforcement of such liability for the care, maintenance, services, and supplies specified in this section are governed exclusively by this section, except in cases of child support ordered by a court under s. 48.355 (2) (b) 4., 48.357 (5m) (a), or 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) (a), or 938.363 (2) or ch. 767.

55,1779 Section 1779. 49.345 (2) of the statutes is amended to read:

49.345 (2) Except as provided in sub. (14) (b) and (c), any person, including but not limited to a person placed under s. 48.345 (3) or, 48.357 (1) or (2m), 938.183, 938.34 (3) or (4d), or 938.357 (1), (2m), (4), or (5) (e), receiving care, maintenance, services, and supplies provided by any institution in this state, in which the state is chargeable with all or part of the person's care, maintenance, services, and supplies, and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services, and supplies in accordance with the fee schedule established by the department under s. 49.32 (1). If a spouse, widow, or minor, or an incapacitated person may be lawfully dependent upon the property for his or her support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for the person. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof of the notice is not a condition of liability.

55,1780 Section 1780. 49.345 (8) (g) of the statutes is amended to read:

49.345 (8) (g) Pay quarterly from the appropriation under s. 20.437 (1) (gg) the collection moneys due county departments under ss. 46.215, 46.22, and 46.23. Payments shall be made as soon after the close of each quarter as is practicable.

55,1781 Section 1781. 49.345 (14) (b) of the statutes is amended to read:

49.345 (14) (b) Except as provided in par. (c), and subject to par. (cm), liability of a parent specified in sub. (2) or s. 49.32 (1) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355 or, 48.357, 938.183, 938.355, or 938.357 in a residential, nonmedical facility such as a group home, foster home, subsidized guardianship home, or residential care center for children and youth shall be determined by the court by using the percentage standard established by the department under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under par. (g).

55,1782 Section 1782. 49.345 (14) (e) 1. of the statutes is amended to read:

49.345 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m) (a), or 48.363 (2) for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, income continuation insurance benefits under s. 40.62, duty disability benefits under s. 40.65, benefits under ch. 102 or 108, and other money due or to be due in the future to the county department under s. 46.22 or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.

55,1783 Section 1783 . 49.345 (14) (e) 1. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

49.345 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m) (a), or 48.363 (2), 938.183 (4), 938.355 (2) (b) 4., 938.357 (5m) (a), or 938.363 (2) for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, income continuation insurance benefits under s. 40.62, duty disability benefits under s. 40.65, benefits under ch. 102 or 108, and other money due or to be due in the future to the county department under s. 46.215, 46.22, or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.

55,1784 Section 1784. 49.345 (14) (g) of the statutes is amended to read:

49.345 (14) (g) For purposes of determining child support under par. (b), the department shall promulgate rules related to the application of the standard established by the department under s. 49.22 (9) to a child support obligation for the care and maintenance of a child who is placed by a court order under s. 48.355 or, 48.357, 938.183, 938.355, or 938.357 in a residential, nonmedical facility. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.

55,1785 Section 1785. 49.345 (16) of the statutes is amended to read:

49.345 (16) The department shall delegate to county departments under ss. 46.215, 46.22, and 46.23 or the local providers of care and services meeting the standards established by the department under s. 49.34 the responsibilities vested in the department under this section for collection of fees for services other than those provided at state facilities, if the county departments or providers meet the conditions that the department determines are appropriate. The department may delegate to county departments under ss. 46.215, 46.22, and 46.23 the responsibilities vested in the department under this section for collection of fees for services provided at the state facilities if the necessary conditions are met.