SB21: Bill Text

SB21,738,3 49.849 (2) (a) (intro.) Subject to par. (b), the department may collect from the property of a decedent by affidavit under sub. (3) (b) or by lien under sub. (4) (a) an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), the long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1., or the aid under s. 49.68, 49.683, or, 49.685, or 49.785 that is recoverable under s. 49.682 (2) (a) or (am), and that was paid on behalf of the decedent or the decedent's spouse, if all of the following conditions are satisfied:

SB21,1837 Section 1837. 49.849 (2) (a) 1. of the statutes is amended to read:

SB21,738,7 49.849 (2) (a) 1. The decedent died after September 30, 1991, or for the recovery of aid under s. 49.785 the decedent died after the effective date of this subdivision .... [LRB inserts date].

SB21,1838 Section 1838. 49.849 (2) (a) 2. of the statutes is amended to read:

SB21,738,11 49.849 (2) (a) 2. The decedent is not survived by a spouse, a child who is under age 21, or a child who is disabled, as defined in s. 49.468 (1) (a) 1. This subdivision does not apply for the recovery of aid under s. 49.785.

SB21,1839 Section 1839. 49.849 (3) (b) of the statutes is amended to read:

SB21,738,19 49.849 (3) (b) A person who possesses or receives property of a decedent shall transmit the property to the department, if the conditions in sub. (2) (a) 1. and, if applicable, sub. (2) (a) 2. are satisfied, upon receipt of an affidavit by a person designated by the secretary of health services to administer this section showing that the department paid on behalf of the decedent or the decedent's spouse recoverable benefits specified in sub. (2) (a). Upon transmittal, the person is released from any obligation to other creditors or heirs of the decedent.

SB21,1840 Section 1840. 49.849 (3) (c) 5. of the statutes is amended to read:

SB21,738,23 49.849 (3) (c) 5. That the person may request from the department a hardship waiver, if the person co-owned the property with the decedent or is a beneficiary of the property. This subdivision does not apply for the recovery of aid under s. 49.785.

SB21,1841 Section 1841. 49.849 (3) (c) 6. of the statutes is amended to read:

SB21,739,2 49.849 (3) (c) 6. How to request a hardship waiver under subd. 5. This subdivision does not apply for the recovery of aid under s. 49.785.

SB21,1842 Section 1842. 49.849 (4) (b) (intro.) of the statutes is amended to read:

SB21,739,6 49.849 (4) (b) (intro.) The Except as provided in par. (bm), the department may enforce a lien under par. (a) by foreclosure in the same manner as a mortgage on real property, unless any of the following is alive:

SB21,1843 Section 1843. 49.849 (4) (bm) of the statutes is created to read:

SB21,739,11 49.849 (4) (bm) The department may enforce a lien under par. (a) for the recovery of aid under s. 49.785 by foreclosure in the same manner as a mortgage on real property regardless of whether the decedent's spouse or any child of the decedent is alive.

SB21,1844 Section 1844. 49.849 (6) (b) of the statutes is amended to read:

SB21,739,18 49.849 (6) (b) From the appropriation under s. 20.435 (7) (4) (im), with respect to funds collected by the department under sub. (2) related to long-term community support services funded under s. 46.27 (7) paid on behalf of the decedent or the decedent's spouse, the department shall pay claims under sub. (5) and shall spend the remainder of the funds recovered under this section for long-term community support services funded under s. 46.27 (7).

SB21,1845 Section 1845. 49.849 (7) of the statutes is amended to read:

SB21,739,25 49.849 (7) Rules for hardship waiver. The department shall promulgate rules establishing standards to determine 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 the application of this section in that case. This subsection does not apply with respect to the recovery of aid under s. 49.785.

SB21,1846 Section 1846. 49.85 (1) of the statutes is amended to read:

SB21,740,12 49.85 (1) Department notification requirement. If a county department under s. 46.215, 46.22, or 46.23 or a governing body of a federally recognized American Indian tribe or band determines that the department of health services may recover an amount under s. 49.497, 49.793, or 49.847, or that the department of children and families may recover an amount under s. 49.138 (5), 49.161, or 49.195 (3) or collect an amount under s. 49.147 (6) (cm), the county department or governing body shall notify the affected department of the determination. If a Wisconsin Works agency determines that the department of children and families may recover an amount under s. 49.138 (5), 49.161, or 49.195 (3), or collect an amount under s. 49.147 (6) (cm), the Wisconsin Works agency shall notify the department of children and families of the determination.

SB21,1847 Section 1847. 49.85 (2) (b) of the statutes is amended to read:

SB21,740,22 49.85 (2) (b) At least annually, the department of children and families shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of children and families, the department of children and families has determined that it may recover under ss. 49.138 (5), 49.161, and 49.195 (3) and collect under s. 49.147 (6) (cm), except that the department of children and families may not certify an amount under this subsection unless it has met the notice requirements under sub. (3) and unless its determination has either not been appealed or is no longer under appeal.

SB21,1848 Section 1848. 49.85 (3) (b) 1. of the statutes is amended to read:

SB21,741,3 49.85 (3) (b) 1. Inform the person that the department of children and families intends to certify to the department of revenue an amount that the department of children and families has determined to be due under s. 49.138 (5), 49.161, or 49.195 (3) or to be delinquent under a repayment agreement for a loan under s. 49.147 (6), for setoff from any state tax refund that may be due the person.

SB21,1849 Section 1849. 49.854 (5) (c) of the statutes is renumbered 49.854 (5) (c) 1. and amended to read:

SB21,741,12 49.854 (5) (c) 1. Notwithstanding par. (b), if a lien under par. (b) is in favor of another state, the notice sent by the department to the financial institution may consist of the request from the other state to enforce the lien, a certification by the department that any necessary due process requirements were met in the other state, a request that the financial institution honor the request from the other state by sending the amount specified in the request directly to the other state, and the address to which the financial institution shall send the funds.

SB21,741,14 3. Notice and hearing requirements under pars. (d) and (f) do not apply to a lien in favor of another state.

SB21,1850 Section 1850. 49.854 (5) (c) 2. of the statutes is created to read:

SB21,741,24 49.854 (5) (c) 2. If a financial institution receives directly from another state, or a child support agency in another state, a notice of levy or request to enforce a lien in favor of that other state, along with a certification by the other state that any necessary due process requirements were met in the other state, the financial institution shall honor the notice of levy or request from the other state by sending the amount specified in the notice of levy or request, up to the amount contained in the account or accounts minus any financial institution fee under par. (e) and levy fee under sub. (11) (a), directly to the other state at the address to which the financial institution is directed to send the funds in the notice or request.

SB21,1851 Section 1851. 49.854 (5) (e) of the statutes is amended to read:

SB21,742,9 49.854 (5) (e) Financial institution fees. A financial institution may continue to collect fees, under the terms of the account agreement, on accounts frozen or levied against under this subsection. In addition to the levy fee authorized under sub. (11) (a), a financial institution may collect any early withdrawal penalty incurred under the terms of an account as a result of the levy. Financial institution fees authorized under this paragraph may be charged to the account immediately prior to the remittance of the amount to the department or the other state and may be charged even if the amounts in the obligor's accounts are insufficient to pay the total amount of support owed and the department's levy costs under sub. (11) (b).

SB21,1852 Section 1852. 49.855 (1) of the statutes is renumbered 49.855 (1) (a) and amended to read:

SB21,742,19 49.855 (1) (a) If a person obligated to pay child support, family support, maintenance, or the receiving and disbursing fee under s. 767.57 (1e) (a) is delinquent in making any of those payments, or owes an outstanding amount that has been ordered by the court for past support, medical expenses, or birth expenses, upon application under s. 59.53 (5) for cases in which the payee is receiving services under s. 49.22 or the state is a real party in interest under s. 767.205 (2), the department of children and families shall certify the delinquent payment or outstanding amount to the department of revenue and, at.

SB21,742,24 (b) At least annually, the department of children and families shall certify to the department of revenue delinquent payments of the receiving and disbursing fee under s. 767.57 (1e) (a) not certified under par. (a) and shall provide to the department of revenue any certifications of delinquencies or outstanding amounts that it receives from another state because the obligor resides in this state.

SB21,1853 Section 1853 . 49.857 (1) (d) 4. of the statutes is amended to read:

SB21,743,4 49.857 (1) (d) 4. A certification, license, training permit, registration, approval or certificate issued under s. 49.45 (2) (a) 11., 252.23 (2), 252.24 (2), 254.176 (1) or (3) (a), 254.178 (2) (a), 254.20 (2), (3) or (4), 254.47 (1), 254.64 (1) (a) or (b), 254.71 (2), 255.08 (2), or 256.15 (5) (a) or (b), (6g) (a), or (8) (a).

SB21,1854 Section 1854 . 49.857 (1) (d) 4. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,743,10 49.857 (1) (d) 4. A certification, license, training permit, registration, approval or certificate issued under s. 49.45 (2) (a) 11., 97.33, 97.605 (1) (a) or (b), 97.67 (1), 254.176 (1) or (3) (a), 254.178 (2) (a), 254.20 (2), (3) or (4), 254.47 (1), 254.64 (1) (a) or (b), 254.71 (2), or 256.15 (5) (a) or (b), (6g) (a), or (8) (a).

SB21,1855 Section 1855. 49.857 (1) (d) 8. of the statutes is amended to read:

SB21,743,12 49.857 (1) (d) 8. A license issued under s. 102.17 (1) (c), 104.07 or 105.05.

SB21,1856 Section 1856. 49.857 (1) (d) 20. of the statutes is amended to read:

SB21,743,15 49.857 (1) (d) 20. A license issued under s. 102.17 (1) (c), 628.04, 628.92 (1), 632.69 (2), or 633.14 or a temporary license issued under s. 628.09.

SB21,1857 Section 1857. 50.01 (1g) (i) of the statutes is created to read:

SB21,743,19 50.01 (1g) (i) A facility licensed as a foster home, group home, or residential care center for children and youth that provides care and maintenance for persons specified in s. 48.599 (1g) or 48.619.

SB21,1858 Section 1858. 50.034 (5m) of the statutes is amended to read:

SB21,744,3 50.034 (5m) Provision of information required. Subject to sub. (5p), when a residential care apartment complex first provides written material regarding the residential care apartment complex to a prospective resident, the residential care apartment complex shall also provide the prospective resident information specified by the department concerning the services of a resource center or other entity under s. 46.283, the family care benefit under s. 46.286, and the availability of a functional screening and a financial and cost-sharing screening to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

SB21,1859 Section 1859. 50.034 (5n) (intro.) of the statutes is amended to read:

SB21,744,11 50.034 (5n) Required referral. (intro.) Subject to sub. (5p), when a residential care apartment complex first provides written material regarding the residential care apartment complex to a prospective resident who is at least 65 years of age or has developmental disability or a physical disability and whose disability or condition is expected to last at least 90 days, the residential care apartment complex shall refer the prospective resident to a resource center or other entity under s. 46.283, unless any of the following applies:

SB21,1860 Section 1860. 50.034 (5n) (a) of the statutes is amended to read:

SB21,744,16 50.034 (5n) (a) For a person for whom a screening for functional eligibility under s. 46.286 (1) (a) has been performed within the previous 6 months, the referral under this subsection need not include performance of an additional functional screening under s. 46.283 (4) (g) (3) (o).

SB21,1861 Section 1861. 50.034 (5n) (d) of the statutes is amended to read:

SB21,744,23 50.034 (5n) (d) For a person who seeks admission or is about to be admitted on a private pay basis and who waives the requirement for a financial and cost-sharing screening under s. 46.283 (4) (g) (3) (o), the referral under this subsection may not include performance of a financial and cost-sharing screening under s. 46.283 (4) (g) (3) (o), unless the person is expected to become eligible for medical assistance within 6 months.

SB21,1862 Section 1862. 50.034 (5p) of the statutes is amended to read:

SB21,745,5 50.034 (5p) Applicability. Subsections (5m) and (5n) apply only if the secretary has certified under s. 46.281 (3) that a resource center or other entity is available for the residential care apartment complex and for specified groups of eligible individuals that include those persons seeking admission to or the residents of the residential care apartment complex.

SB21,1863 Section 1863. 50.034 (6) of the statutes is amended to read:

SB21,745,12 50.034 (6) Funding. Funding for supportive, personal or nursing services that a person who resides in a residential care apartment complex receives, other than private or 3rd-party funding, may be provided only under s. 46.27 (11) (c) 7. or 46.277 (5) (e), except if the provider of the services is a certified medical assistance provider under s. 49.45 or if the funding is provided as a family care benefit under ss. the family care program as defined in s. 46.2805 to 46.2895 (4m).

SB21,1864 Section 1864. 50.035 (4m) of the statutes is amended to read:

SB21,745,22 50.035 (4m) Provision of information required. Subject to sub. (4p), when a community-based residential facility first provides written material regarding the community-based residential facility to a prospective resident, the community-based residential facility shall also provide the prospective resident information specified by the department concerning the services of a resource center or other entity under s. 46.283, the family care benefit under s. 46.286, and the availability of a functional screening and a financial and cost-sharing screening to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

SB21,1865 Section 1865. 50.035 (4n) (intro.) of the statutes is amended to read:

SB21,746,9 50.035 (4n) Required referral. (intro.) When a community-based residential facility first provides written information regarding the community-based residential facility to a prospective resident who is at least 65 years of age or has developmental disability or a physical disability and whose disability or condition is expected to last at least 90 days, the community-based residential facility shall refer the individual to a resource center or other entity under s. 46.283 or, if the secretary has not certified under s. 46.281 (3) that a resource center or other entity is available in the area of the community-based residential facility to serve individuals in an eligibility group to which the prospective resident belongs, to the county department that administers a program under ss. 46.27 or 46.277, unless any of the following applies:

SB21,1866 Section 1866. 50.035 (4n) (a) of the statutes is amended to read:

SB21,746,14 50.035 (4n) (a) For a person for whom a screening for functional eligibility under s. 46.286 (1) (a) has been performed within the previous 6 months, the referral under this subsection need not include performance of an additional functional screening under s. 46.283 (4) (g) (3) (o).

SB21,1867 Section 1867. 50.035 (4n) (d) of the statutes is amended to read:

SB21,746,21 50.035 (4n) (d) For a person who seeks admission or is about to be admitted on a private pay basis and who waives the requirement for a financial and cost-sharing screening under s. 46.283 (4) (g) (3) (o), the referral under this subsection may not include performance of a financial and cost-sharing screening under s. 46.283 (4) (g) (3) (o), unless the person is expected to become eligible for medical assistance within 6 months.

SB21,1868 Section 1868. 50.035 (4p) of the statutes is amended to read:

SB21,747,2 50.035 (4p) Applicability. Subsection (4m) applies only if the secretary has certified under s. 46.281 (3) that a resource center or other entity is available for the community-based residential facility and for specified groups of eligible individuals that include those persons seeking admission to or the residents of the community-based residential facility.

SB21,1869 Section 1869. 50.04 (2g) (a) of the statutes is amended to read:

SB21,747,9 50.04 (2g) (a) Subject to sub. (2i), a nursing home shall, within the time period after inquiry by a prospective resident that is prescribed by the department by rule, inform the prospective resident of the services of a resource center or other entity under s. 46.283, the family care benefit under s. 46.286, and the availability of a functional screening and a financial and cost-sharing screening to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

SB21,1870 Section 1870. 50.04 (2h) (a) (intro.) of the statutes is amended to read:

SB21,747,15 50.04 (2h) (a) (intro.) Subject to sub. (2i), a nursing home shall, within the time period prescribed by the department by rule, refer to a resource center or other entity under s. 46.283 a person who is seeking admission, who is at least 65 years of age or has developmental disability or physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:

SB21,1871 Section 1871. 50.04 (2h) (a) 1. of the statutes is amended to read:

SB21,747,20 50.04 (2h) (a) 1. For a person for whom a screening for functional eligibility under s. 46.286 (1) (a) has been performed within the previous 6 months, the referral under this paragraph need not include performance of an additional functional screening under s. 46.283 (4) (g) (3) (o).

SB21,1872 Section 1872. 50.04 (2h) (a) 4. of the statutes is amended to read:

SB21,748,2 50.04 (2h) (a) 4. For a person who seeks admission or is about to be admitted on a private pay basis and who waives the requirement for a financial and cost-sharing screening under s. 46.283 (4) (g) (3) (o), the referral under this subsection may not include performance of a financial and cost-sharing screening under s. 46.283 (4) (g) (3) (o), unless the person is expected to become eligible for medical assistance within 6 months.

SB21,1873 Section 1873. 50.04 (2i) of the statutes is amended to read:

SB21,748,7 50.04 (2i) Applicability. Subsections (2g) and (2h) apply only if the secretary has certified under s. 46.281 (3) that a resource center or other entity is available for the nursing home and for specified groups of eligible individuals that include those persons seeking admission to or the residents of the nursing home.

SB21,1874 Section 1874. 50.04 (2m) (b) of the statutes is amended to read:

SB21,748,11 50.04 (2m) (b) Paragraph (a) does not apply to those residents for whom the secretary has certified under s. 46.281 (3) that a resource center or other entity is available.

SB21,1875 Section 1875. 50.06 (7) of the statutes is amended to read:

SB21,748,23 50.06 (7) An individual who consents to an admission under this section may request that an assessment be conducted for the incapacitated individual under the long-term support community options program under s. 46.27 (6) or, if the secretary has certified under s. 46.281 (3) that a resource center or other entity is available for the individual, a functional screening and a financial and cost-sharing screening to determine eligibility for the family care benefit under s. 46.286 (1). If admission is sought on behalf of the incapacitated individual or if the incapacitated individual is about to be admitted on a private pay basis, the individual who consents to the admission may waive the requirement for a financial and cost-sharing screening under s. 46.283 (4) (g) (3) (o), unless the incapacitated individual is expected to become eligible for medical assistance within 6 months.

SB21,1876 Section 1876. 50.38 (10) of the statutes is amended to read:

SB21,749,7 50.38 (10) In each state fiscal year, the secretary of administration shall transfer from the critical access hospital assessment fund to the Medical Assistance trust fund an amount equal to the amount collected under sub. (2) (b) minus the state share of the amount required to be expended under s. 49.45 (3) (e) 12., minus the amounts appropriated under s. 20.285 (1) (qe) and (qj), and minus any refunds paid to critical access hospitals from the critical access hospital assessment fund under sub. (6m) (a) in that fiscal year.

SB21,1877 Section 1877. 50.49 (6m) (b) of the statutes is amended to read:

SB21,749,9 50.49 (6m) (b) A program specified in s. 46.2805 (1) (a) (9m).

SB21,1878 Section 1878. 50.49 (6m) (c) of the statutes is amended to read:

SB21,749,11 50.49 (6m) (c) A demonstration program specified in s. 46.2805 (1) (b) (4k).

SB21,1879 Section 1879. 50.92 (3m) of the statutes is created to read: