AB64,947
19Section
947. 49.472 (4) (em) of the statutes is created to read:
AB64,498,720
49.472
(4) (em) If the department determines that a state plan amendment or
21waiver of federal Medicaid law is necessary to implement the premium methodology
22under this subsection and changes to the income and asset eligibility under sub. (3)
23and s. 49.47 (4) (c) 1., the department shall submit a state plan amendment or waiver
24request to the federal department of health and human services requesting those
25changes. If a state plan amendment or waiver is not necessary or if the federal
1department of health and human services does not disapprove the state plan
2amendment or waiver request, the department may implement subs. (3) and (4) and
3s. 49.47 (4) (c) 1. with any adjustments from the federal department of health and
4human services. If the federal department of health and human services disapproves
5the state plan amendment or waiver request in whole or in part, the department may
6implement the income and asset eligibility requirements and premium methodology
7under subs. (3) and (4), 2015 stats., and s. 49.47 (4) (c) 1., 2015 stats.
AB64,948
8Section
948. 49.472 (5) of the statutes is amended to read:
AB64,498,129
49.472
(5) Community options participants. From the appropriation under s.
1020.435 (4) (bd), the department may pay all or a portion of the monthly premium
11calculated under sub. (4)
(a) for an individual who is a participant in the community
12options program under s. 46.27 (11).
AB64,949
13Section 949
. 49.472 (6) (a) of the statutes is amended to read:
AB64,498,1914
49.472
(6) (a) Notwithstanding sub. (4)
(a) 3., from the appropriation accounts
15under s. 20.435 (4) (b), (gm), or (w), the department shall, on the part of an individual
16who is eligible for medical assistance under sub. (3), pay premiums for or purchase
17individual coverage offered by the individual's employer if the department
18determines that paying the premiums for or purchasing the coverage will not be more
19costly than providing medical assistance.
AB64,950
20Section
950. 49.497 (1m) (a) of the statutes is amended to read:
AB64,499,1121
49.497
(1m) (a) If, after notice that an incorrect payment was made, a recipient,
22or parent of a minor recipient, who is liable for repayment of an incorrect payment
23fails to repay the incorrect payment or enter into, or comply with, an agreement for
24repayment, the department may bring an action to enforce the liability or may issue
25an order to compel payment of the liability.
The department shall issue the order to
1compel payment personally or by any type of mail service that requires a signature
2of acceptance from the recipient at the address of the person who is liable for
3repayment as it appears on the records of the department. The refusal or failure to
4accept or receive the order to compel payment by the person who is liable for
5repayment does not prevent the department from enforcing the order to compel
6repayment. Any person aggrieved by an order issued by the department under this
7paragraph may appeal the order as a contested case under ch. 227 by filing with the
8department a request for a hearing within 30 days after the date of the order. The
9only issue at the hearing shall be the determination by the department that the
10person has not repaid the incorrect payment or entered into, or complied with, an
11agreement for repayment.
AB64,951
12Section
951. 49.497 (1m) (b) of the statutes is amended to read:
AB64,499,2413
49.497
(1m) (b) If any recipient, or parent of a minor recipient, named in an
14order to compel payment issued under par. (a) fails to pay the department any
15amount due under the terms of the order and no contested case to review the order
16is pending and the time for filing for a contested case review has expired, the
17department may present a
certified true and accurate copy of the order to the circuit
18court for any county.
The sworn statement of the secretary An affidavit from the
19collections unit of the department responsible for recoveries under this section shall
20be evidence of the incorrect payment. The circuit court shall, without notice, render
21judgment in accordance with the order. A judgment rendered under this paragraph
22shall have the same effect and shall be entered in the judgment and lien docket and
23may be enforced in the same manner as if the judgment had been rendered in an
24action tried and determined by the circuit court.
AB64,952
25Section
952. 49.497 (1r) (a) of the statutes is amended to read:
AB64,500,17
149.497
(1r) (a) The department may recover any penalty assessment not paid
2under s. 49.471 (9) (c) from the employer against which the penalty was assessed.
3If, after notice that payment of a penalty is overdue, the employer who is liable fails
4to pay the penalty amount, or enter into or comply with an agreement for payment,
5the department may bring an action to enforce the liability or may issue an order to
6compel payment of the liability.
The department shall issue the order to compel
7payment personally or by any type of mail service that requires a signature of
8acceptance from the recipient at the address of the employer who is liable for
9repayment as it appears on the records of the department. The refusal or failure to
10accept or receive the order to compel payment by the employer who is liable for
11repayment does not prevent the department from enforcing the order to compel
12repayment. Any person aggrieved by an order issued by the department under this
13paragraph may appeal the order as a contested case under ch. 227 by filing with the
14department a request for a hearing within 30 days after the date of the order. The
15only issue at the hearing shall be the determination by the department that the
16person has not paid the penalty or entered into, or complied with, an agreement for
17payment.
AB64,953
18Section
953. 49.497 (1r) (b) of the statutes is amended to read:
AB64,501,519
49.497
(1r) (b) If any employer named in an order to compel payment issued
20under par. (a) fails to pay the department any amount due under the terms of the
21order and no contested case to review the order is pending and the time for filing for
22a contested case review has expired, the department may present a
certified true and
23accurate copy of the order to the circuit court for any county.
The sworn statement
24of the secretary An affidavit from the collections unit of the department responsible
25for recoveries under this section shall be evidence of the failure to pay the penalty.
1The circuit court shall, without notice, render judgment in accordance with the order.
2A judgment rendered under this paragraph shall have the same effect and shall be
3entered in the judgment and lien docket and may be enforced in the same manner
4as if the judgment had been rendered in an action tried and determined by the circuit
5court.
AB64,954
6Section
954. 49.79 (1) (am) 4. of the statutes is renumbered 49.79 (1) (ap) 4.
AB64,955
7Section
955. 49.79 (1) (am) 5. of the statutes is renumbered 49.79 (1) (ap) 5.
AB64,956
8Section
956. 49.79 (1) (am) 7. of the statutes is renumbered 49.79 (1) (ap) 7.
AB64,957
9Section
957. 49.79 (1) (ap) (intro.) of the statutes is created to read:
AB64,501,1110
49.79
(1) (ap) (intro.) “Able-bodied adult without dependents” means an
11able-bodied adult who is not any of the following:
AB64,958
12Section 958
. 49.79 (1) (bg) of the statutes is created to read:
AB64,501,1313
49.79
(1) (bg) “Custodial parent" has the meaning given in s. 49.141 (1) (b).
AB64,959
14Section 959
. 49.79 (1) (em) of the statutes is created to read:
AB64,501,1515
49.79
(1) (em) “Noncustodial parent" has the meaning given in s. 49.141 (1) (h).
AB64,960
16Section
960. 49.79 (1r) of the statutes is created to read:
AB64,501,1717
49.79
(1r) Eligibility; asset limit. (a) In this subsection:
AB64,501,1918
1. “Elderly, blind, or disabled individual” has the meaning given for “elderly or
19disabled member” in
7 USC 2012 (j).
AB64,501,2020
2. “Household” has the meaning given in
7 USC 2012 (m).
AB64,501,2521
3. “Liquid assets” means an individual's financial resources that are cash or can
22be converted to cash without incurring penalties, excluding the equity value of
23vehicles or of a home serving as the individual's primary residence. “Liquid assets”
24does not include any financial resources designated by the department by rule as
25excluded for the purposes of this subsection.
AB64,502,4
1(b) Subject to par. (c), an individual who is not an elderly, blind, or disabled
2individual is ineligible to participate in the food stamp program in a month in which
3the household of which the individual is a member has liquid assets of more than
4$25,000.
AB64,502,85
(c) If necessary, the department shall request a waiver from the U.S.
6department of agriculture to implement this subsection. If the U.S. department of
7agriculture disapproves the waiver request, the department may not implement this
8subsection.
AB64,961
9Section 961
. 49.79 (6m) of the statutes is created to read:
AB64,502,1310
49.79
(6m) Eligibility denial; child support noncompliance. (a) In this
11subsection, what constitutes a refusal to cooperate is determined by the department
12in accordance with
7 USC 2015 (l) and (m) and any federal regulations promulgated
13under
7 USC 2015 (l) and (m).
AB64,502,1514
(b) An individual is ineligible to participate in the food stamp program in a
15month in which any of the following is true:
AB64,502,1616
1. The individual satisfies all of the following:
AB64,502,1817
a. The individual is a custodial parent of or lives with and exercises parental
18control over a child who is under the age of 18 and who has an absent parent.
AB64,502,2119
b. The individual refuses to cooperate fully, in good faith, with efforts directed
20at establishing or enforcing any support order or obtaining any other payments or
21property to which that individual or the child may have rights.
AB64,502,2422
c. The individual does not have good cause for refusing to cooperate, as
23determined by the department in accordance with
7 USC 2015 (l) (2) and any federal
24regulations promulgated under
7 USC 2015 (l) (2).
AB64,503,2
12. The individual is a noncustodial parent of a child under the age of 18 and the
2individual refuses to cooperate in providing or obtaining support for the child.
AB64,962
3Section 962
. 49.79 (6q) of the statutes is created to read:
AB64,503,74
49.79
(6q) Eligibility denial; paternity. (a) In this subsection, the department
5shall determine what constitutes a refusal to cooperate in accordance with
7 USC
62015 (l) and (m) and any federal regulations promulgated under
7 USC 2015 (l) and
7(m).
AB64,503,98
(b) An individual is ineligible to participate in the food stamp program in a
9month in which any of the following is true:
AB64,503,1010
1. The individual satisfies all of the following:
AB64,503,1211
a. The individual is a custodial parent of or lives with and exercises parental
12control over a child who is under the age of 18 and who has an absent parent.
AB64,503,1413
b. The individual refuses to cooperate fully, in good faith, with applicable efforts
14directed at establishing the paternity of the child.
AB64,503,1715
c. The individual does not have good cause for refusing to cooperate, as
16determined by the department in accordance with
7 USC 2015 (l) (2) and any federal
17regulations promulgated under
7 USC 2015 (l) (2).
AB64,503,1918
2. The individual is one of the following and refuses to cooperate fully, in good
19faith, with efforts directed at establishing the paternity of the child:
AB64,503,2020
a. Alleged to be the father under s. 767.80 of a child under the age of 18.
AB64,503,2221
b. A noncustodial parent of a child under the age of 18 for whom paternity has
22not been established.
AB64,963
23Section 963
. 49.79 (6t) of the statutes is created to read:
AB64,504,224
49.79
(6t) Eligibility denial; delinquent support. An individual is ineligible
25to participate in the food stamp program in a month in which the individual is
1obligated by court order to provide support payments and is delinquent in making
2those court-ordered payments, unless any of the following is true:
AB64,504,43
(a) The delinquency balance equals less than 3 months of the court-ordered
4support payment amount.
AB64,504,65
(b) A court or a county child support agency under s. 59.53 (5) is allowing the
6individual to delay the child support payments.
AB64,504,87
(c) The individual is complying with a payment plan approved by a county child
8support agency under s. 59.53 (5) to provide support for the child of the individual.
AB64,504,109
(d) The individual is participating in an employment and training program, as
10determined by the department.
AB64,964
11Section 964
. 49.79 (9) (a) 1. of the statutes is amended to read:
AB64,504,2412
49.79
(9) (a) 1. The department shall administer an employment and training
13program for recipients under the food stamp program and may contract with county
14departments under ss. 46.215, 46.22, and 46.23, multicounty consortia, local
15workforce development boards established under
29 USC 2832, tribal governing
16bodies, or other organizations to carry out the administrative functions. A county
17department, multicounty consortium, local workforce development board, tribal
18governing body, or other organization may subcontract with a Wisconsin Works
19agency or another provider to administer the employment and training program
20under this subsection. Except as provided in subds. 2. and 3., the department may
21require able individuals who are 18 to 60 years of age
, or a subset of those individuals
22to the extent allowed by the federal government, who are not participants in a
23Wisconsin Works employment position to participate in the employment and
24training program under this subsection.
AB64,965
25Section
965. 49.79 (10) (title) of the statutes is amended to read:
AB64,505,2
149.79
(10) (title)
Eligibility and work requirements for able-bodied adults
2without dependents.
AB64,966
3Section
966. 49.79 (10) (a) 1. of the statutes is amended to read:
AB64,505,64
49.79
(10) (a) 1. The department shall require an able-bodied adult
without
5dependents who is participating in the food stamp program to fulfill the work
6requirement defined under
7 CFR 273.24 (a) (1).
AB64,967
7Section
967. 49.79 (10) (a) 2. of the statutes is amended to read:
AB64,505,118
49.79
(10) (a) 2. If an able-bodied adult
without dependents does not fulfill the
9work requirement, the department may limit the
eligibility of the able-bodied
adult's
10eligibility adult without dependents for food stamps to no more than 3 months during
11a 3-year period.
AB64,968
12Section
968. 49.79 (10) (a) 3. of the statutes is amended to read:
AB64,505,1513
49.79
(10) (a) 3. The department may exempt up to 15 percent of the
14able-bodied adults
without dependents who are participating in the food stamp
15program from the time limit under subd. 2.
AB64,969
16Section
969. 50.01 (2) of the statutes is amended to read:
AB64,505,2317
50.01
(2) “Nurse aide" means a person who performs routine patient care
18duties delegated by a registered nurse or licensed practical nurse who supervises the
19person, for the direct health care of a patient or resident. “Nurse aide" does not mean
20a feeding assistant, as defined in s. 146.40 (1) (aw); a person who is licensed,
21permitted, certified, or registered under ch. 441, 448, 449, 450, 451, 455, 459,
or 460
,
22or 464; or a person whose duties primarily involve skills that are different than those
23taught in instructional programs for nurse aides.
AB64,970
24Section
970. 50.36 (3) (b) of the statutes is amended to read:
AB64,506,8
150.36
(3) (b) If, as a result of peer investigation or written notice thereof, a
2hospital staff member who is licensed by the medical examining board
or podiatry
3affiliated credentialing board, for any reasons that include the quality of or ability
4to practice, loses his or her hospital staff privileges, has his or her hospital staff
5privileges reduced
, or resigns from the hospital staff, the hospital shall so notify the
6medical examining board
or podiatry affiliated credentialing board, whichever is
7applicable, within 30 days after the loss, reduction or resignation takes effect.
8Temporary suspension due to incomplete records need not be reported.
AB64,971
9Section
971. 50.36 (3) (c) of the statutes is amended to read:
AB64,506,1810
50.36
(3) (c) If, as a result of peer investigation or written notice thereof, a
11hospital staff member who is licensed by the medical examining board
or podiatry
12affiliated credentialing board, for reasons that do not include the quality of or ability
13to practice, loses his or her hospital staff privileges for 30 days or more, has his or
14her hospital staff privileges reduced for 30 days or more
, or resigns from the hospital
15staff for 30 days or more, the hospital shall so notify the medical examining board
16or podiatry affiliated credentialing board, whichever is applicable, within 30 days
17after the loss, reduction or resignation takes effect. Temporary suspension due to
18incomplete records need not be reported.
AB64,972
19Section
972. 50.39 (3) of the statutes is amended to read:
AB64,507,320
50.39
(3) Facilities governed by ss. 45.50, 48.62, 49.70, 49.72, 50.02, 51.09, and
21252.10, juvenile correctional facilities as defined in s. 938.02 (10p), correctional
22institutions governed by the department of corrections under s. 301.02, and the
23offices and clinics of persons licensed to treat the sick under chs. 446, 447,
and 448
,
24and 464 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge
25the rights of the medical examining board,
physical
medical therapy examining
1board,
podiatry affiliated credentialing board, dentistry examining board, pharmacy
2examining board, chiropractic examining board, and board of nursing in carrying out
3their statutory duties and responsibilities.
AB64,973
4Section
973. 50.49 (6) (a) of the statutes is amended to read:
AB64,507,115
50.49
(6) (a) Except as provided in s. 50.498, the department shall issue a home
6health agency license if the applicant is fit and qualified, and if the home health
7agency meets the requirements established by this section.
The Except as provided
8in par. (am), the department, or its designated representatives, shall make such
9inspections and investigations as are necessary to determine the conditions existing
10in each case and file written reports. Each licensee shall annually file a report with
11the department.
AB64,974
12Section
974. 50.49 (6) (am) of the statutes is created to read:
AB64,507,2113
50.49
(6) (am) In lieu of performing its own inspection or investigation under
14par. (a), the department may recognize as evidence for purposes of licensure
15accreditation of the home health agency by an organization that is approved by the
16federal centers for Medicare and Medicaid services and that meets any requirements
17established by the department. The home health agency shall provide the
18department with a copy of the report by the accreditation organization of each
19periodic review the organization conducts of the home health agency for the
20department's use in tracking compliance, investigating complaints, and conducting
21further surveys.
AB64,975
22Section
975. 50.50 (7m) of the statutes is amended to read:
AB64,507,2423
50.50
(7m) “Occupational therapy" has the meaning given in s.
448.96 464.20 24(5).
AB64,976
25Section
976. 50.92 (4) (b) of the statutes is amended to read:
AB64,508,10
150.92
(4) (b) In lieu of inspecting or investigating a hospice under sub. (3) prior
2to issuance of a license, the department may accept evidence that a hospice applying
3for licensure under s. 50.93 has
been inspected under and is currently in compliance
4with the hospice requirements of the joint commission for the accreditation
of health
5organizations as a hospice from an organization that is approved by the federal
6centers for Medicare and Medicaid services and that meets any requirements
7established by the department. A hospice shall provide the department with a copy
8of the report by the
joint commission for the accreditation
of health organizations 9organization of each periodic review the
association organization conducts of the
10hospice.
AB64,977
11Section
977. 51.042 of the statutes is created to read:
AB64,508,13
1251.042 Youth crisis stabilization facilities. (1) Definitions. In this
13section:
AB64,508,1814
(a) “Crisis” means a situation caused by an individual's apparent mental
15disorder that results in a high level of stress or anxiety for the individual, persons
16providing care for the individual, or the public and that is not resolved by the
17available coping methods of the individual or by the efforts of those providing
18ordinary care or support for the individual.
AB64,508,2119
(b) “Youth crisis stabilization facility” is a treatment facility with a maximum
20of 8 beds that admits a minor to prevent or de-escalate the minor's mental health
21crisis and avoid admission of the minor to a more restrictive setting.
AB64,508,25
22(2) Certification required; exemption. (a) No person may operate a youth
23crisis stabilization facility without a certification from the department. The
24department may limit the number of certifications it grants to operate a youth crisis
25stabilization facility.
AB64,509,2
1(b) A youth crisis stabilization facility that has a certification from the
2department under this section is not subject to facility regulation under ch. 48.
AB64,509,6
3(3) Admission of minors. A minor may be admitted to a youth crisis
4stabilization facility under this section by a court order under s. 51.20 (13) (a) 3. or
5through the procedure under s. 51.13. No person may transport a minor to a youth
6crisis stabilization facility for detention under s. 51.15.
AB64,509,7
7(4) Rules. The department may promulgate rules to implement this section.
AB64,978
8Section
978. 51.20 (1) (ar) (intro.) of the statutes is amended to read: