AB607: Bill Text

AB607,2 Section 2. 13.94 (1s) (c) 9. of the statutes is created to read:

AB607,3,3 13.94 (1s) (c) 9. The department of children and families for the cost of an audit performed under sub. (1) (fm).

AB607,3 Section 3. 20.001 (2) (e) of the statutes is amended to read:

AB607,3,12 20.001 (2) (e) Federal revenues. "Federal revenues" consist of moneys received from the federal government, except that under s. 20.437 (2) (md) "federal revenues" also include moneys treated as refunds of expenditures, and under s. 20.437 (2) (me) and (mf) "federal revenues" consist only of moneys treated as received from the federal government. Federal revenues may be deposited as program revenues in the general fund or as segregated revenues in a segregated fund. In either case they are indicated in s. 20.005 by the addition of "-F" after the abbreviation assigned under pars. (b) and (d).

AB607,4 Section 4. 20.437 (2) (me) of the statutes is amended to read:

AB607,3,25 20.437 (2) (me) Child care and temporary assistance overpayment recovery. All Except as provided in par. (mf), all moneys received from the recovery of overpayments, and incorrect or disallowed payments, and voluntary repayments of federal Child Care and Development Fund block grant funds, of federal Temporary Assistance for Needy Families block grant funds, and of state moneys paid from other appropriations to meet maintenance-of-effort requirements under the federal Temporary Assistance for Needy Families block grant program under 42 USC 601 to 619 and the federal Child Care and Development Fund block grant program under 42 USC 9858 that the department elects to treat as federal revenue, for costs related to recovering the overpayments and incorrect or disallowed payments, for activities to reduce errors under the Wisconsin Works program under ss. 49.141 to 49.161, and for any of the purposes specified under s. 49.175 (1).

AB607,5 Section 5. 20.437 (2) (mf) of the statutes is created to read:

AB607,4,5 20.437 (2) (mf) Wisconsin Shares overpayment recovery. All moneys received from the recovery of overpayments made under s. 49.155 that the department elects to treat as federal revenue, for activities to investigate and reduce fraud in the program under s. 49.155 and for direct child care services under s. 49.155.

AB607,6 Section 6. 49.155 (6) (e) 3. (intro.), b., c., d. and e. of the statutes are amended to read:

AB607,4,10 49.155 (6) (e) 3. (intro.) The department may shall modify a child care provider's payment rate under subd. 2. on the basis of the provider's quality rating, as described in the quality rating plan, in the following manner:

AB607,4,12 b. For a child care provider who receives a 2-star rating, the department may reduce shall pay the maximum payment rate by up to 5 percent.

AB607,4,14 c. For a child care provider who receives a 3-star rating, the department may pay up to shall increase the maximum payment rate by 5 percent.

AB607,4,16 d. For a child care provider who receives a 4-star rating, the department may shall increase the maximum payment rate by up to 10 percent.

AB607,4,19 e. For a child care provider who receives a 5-star rating, the department may shall increase the maximum payment rate for such a child care provider by up to 25 percent.

AB607,7 Section 7. 49.155 (6d) (a) 3. of the statutes is repealed.

AB607,8 Section 8. 49.155 (6f) of the statutes is created to read:

AB607,5,2 49.155 (6f) Basis for payments to licensed family child care centers. The department may not calculate the payment under this section for a child receiving care from a family child care center, as defined in s. 49.136 (1) (j), that is licensed under s. 48.65 based on the actual attendance of the child. The department shall calculate payment for a child who receives care from such a licensed family child care center based on the enrollment of the child at the licensed family child care center.

AB607,9 Section 9. 49.155 (7d) of the statutes is created to read:

AB607,5,7 49.155 (7d) Fraud prevention program. The department shall establish policies and procedures to prevent fraud in the program under this section. Notwithstanding s. 227.10 (1), the department need not promulgate policies and procedures under this section as rules under ch. 227.

AB607,10 Section 10. 49.175 (1) (intro.) of the statutes is amended to read:

AB607,5,12 49.175 (1) Allocation of funds. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.437 (2) (a), (cm), (dz), (k), (kx), (L), (mc), (md), (me), (mf), and (s), the department shall allocate the following amounts for the following purposes:

AB607,11 Section 11. 49.197 (1m) of the statutes is amended to read:

AB607,6,6 49.197 (1m) Fraud investigation. From the appropriations under s. 20.437 (2) (dz), (kx), (L), (mc), (md), (me), (mf), and (nL), the department shall establish a program to investigate suspected fraudulent activity on the part of recipients of aid to families with dependent children under s. 49.19, on the part of participants in the Wisconsin Works program under ss. 49.141 to 49.161, and, if the department of health services contracts with the department under sub. (5), on the part of recipients of medical assistance under subch. IV, food stamp benefits under the food stamp program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, payments for the support of children of supplemental security income recipients under s. 49.775, and health care benefits under the Badger Care health care program under s. 49.665. The department's activities under this subsection may include, but are not limited to, comparisons of information provided to the department by an applicant and information provided by the applicant to other federal, state, and local agencies, development of an advisory welfare investigation prosecution standard, and provision of funds to county departments under ss. 46.215, 46.22, and 46.23 or multicounty consortia, as defined in s. 49.78 (1) (br), and to Wisconsin Works agencies to encourage activities to detect fraud. The department shall cooperate with district attorneys regarding fraud prosecutions.

AB607,12 Section 12. 49.197 (2) (b) 1. of the statutes is amended to read:

AB607,6,21 49.197 (2) (b) 1. Subject to subd. 2., the department shall by rule establish an incentive program that, using moneys from the appropriation under s. 20.437 (2) (mf) and from the allocation under s. 49.175 (1) (p), rewards county departments, Wisconsin Works agencies, and tribal governing bodies that administer the subsidy program for identifying fraud in the subsidy program. The rules shall specify that a county department, Wisconsin Works agency, or tribal governing body shall receive, for identifying fraudulent activity under the subsidy program on the part of a child care provider, an amount equal to the average monthly subsidy payment per child during the prior fiscal year, multiplied by the number of children participating in the subsidy program for whom the provider provides care, multiplied by 1.5 months. A county department, Wisconsin Works agency, or tribal governing body may use payments received under this subsection for any purpose for which moneys under the Temporary Assistance for Needy Families block grant program may be used under federal law.

AB607,13 Section 13. Initial applicability.

AB607,6,25 (1) Child care provider payments. The treatment of section 49.155 (6) (e) 3. (intro.), b., c., d., and e. and (6f) of the statutes first applies to payment for child care provided on the effective date of this subsection.

AB607,14 Section 14. Effective date.

AB607,7,3 (1) This act takes effect on the first day of the first month beginning after publication.

AB607,7,4 (End)