SB59,549,127
20.9315
(19) Whoever knowingly presents or causes to be presented to any
8officer, employee, or agent of this state a false claim for medical assistance shall
9forfeit not less than $5,000 nor more than $10,000, plus 3 times the amount of the
10damages that were sustained by the state or would have been sustained by the state,
11whichever is greater, as a result of the false claim. The attorney general may bring
12an action on behalf of the state to recover any forfeiture incurred under this section.
SB59,711
13Section 711
. 49.686 (3) (d) of the statutes is amended to read:
SB59,549,1914
49.686
(3) (d) Has applied for coverage under and has been denied eligibility
15for medical assistance within 12 months prior to application for reimbursement
16under sub. (2). This paragraph does not apply to an individual who is eligible for
17benefits under
the demonstration project for childless adults under s. 49.45 (23) 18BadgerCare Plus under s. 49.471 (4) (a) 8. or to an individual who is eligible for
19benefits under BadgerCare Plus under s. 49.471 (11).
SB59,712
20Section
712. 49.79 (1) (bg) of the statutes is repealed.
SB59,713
21Section
713. 49.79 (1) (em) of the statutes is repealed.
SB59,714
22Section
714. 49.79 (6m) of the statutes is repealed.
SB59,715
23Section
715. 49.79 (6q) of the statutes is repealed.
SB59,716
24Section
716. 49.79 (6t) of the statutes is repealed.
SB59,717
25Section
717. 49.79 (6u) of the statutes is repealed.
SB59,718
1Section
718. 49.79 (9) (a) 1g. of the statutes is amended to read:
SB59,550,102
49.79
(9) (a) 1g. Except as provided in subds. 2. and 3.,
beginning October 1,
32019, the department shall require, to the extent allowed by the federal government,
4all able-bodied adults
without dependents in this state to participate in the
5employment and training program under this subsection, except for able-bodied
6adults
without dependents who are employed, as determined by the department.
7The department may require
other able individuals who are 18 to 60 years of age, or
8a subset of those individuals to the extent allowed by the federal government, who
9are not participants in a Wisconsin Works employment position to participate in the
10employment and training program under this subsection.
SB59,719
11Section
719. 49.79 (9) (d) of the statutes is repealed.
SB59,720
12Section
720. 49.79 (9) (f) of the statutes is repealed.
SB59,721
13Section
721. 49.791 of the statutes is repealed.
SB59,722
14Section
722. 49.849 (1) (e) of the statutes is amended to read:
SB59,550,1815
49.849
(1) (e) “Public assistance" means any services provided as a benefit
16under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance
17under subch. IV,
long-term community support services funded under s. 46.27 (7), 18or aid under s. 49.68, 49.683, 49.685, or 49.785.
SB59,723
19Section
723. 49.849 (2) (a) (intro.) of the statutes is amended to read:
SB59,551,220
49.849
(2) (a) (intro.) Subject to par. (b), the department may collect from the
21property of a decedent by affidavit under sub. (3) (b) or by lien under sub. (4) (a) an
22amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), the
23long-term community support services under s. 46.27
, 2017 stats., that is
24recoverable under s. 46.27 (7g) (c) 1.
, 2017 stats., or the aid under s. 49.68, 49.683,
2549.685, or 49.785 that is recoverable under s. 49.682 (2) (a) or (am), and that was paid
1on behalf of the decedent or the decedent's spouse, if all of the following conditions
2are satisfied:
SB59,724
3Section
724. 49.849 (6) (a) of the statutes is renumbered 49.849 (6).
SB59,725
4Section
725. 49.849 (6) (b) of the statutes is repealed.
SB59,726
5Section 726
. 49.855 (3) of the statutes is amended to read:
SB59,552,46
49.855
(3) Receipt of a certification by the department of revenue shall
7constitute a lien, equal to the amount certified, on any state tax refunds or credits
8owed to the obligor. The lien shall be foreclosed by the department of revenue as a
9setoff under s. 71.93 (3)
, (6), and (7). When the department of revenue determines
10that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
11obligor that the state intends to reduce any state tax refund or credit due the obligor
12by the amount the obligor is delinquent under the support, maintenance, or receiving
13and disbursing fee order or obligation, by the outstanding amount for past support
, 14or medical expenses
, or birth expenses under the court order, or by the amount due
15under s. 46.10 (4), 49.345 (4), or 301.12 (4). The notice shall provide that within 20
16days the obligor may request a hearing before the circuit court rendering the order
17under which the obligation arose. Within 10 days after receiving a request for
18hearing under this subsection, the court shall set the matter for hearing. Pending
19further order by the court or a circuit court commissioner, the department of children
20and families or its designee, whichever is appropriate, is prohibited from disbursing
21the obligor's state tax refund or credit. A circuit court commissioner may conduct the
22hearing. The sole issues at that hearing shall be whether the obligor owes the
23amount certified and, if not and it is a support or maintenance order, whether the
24money withheld from a tax refund or credit shall be paid to the obligor or held for
25future support or maintenance, except that the obligor's ability to pay shall also be
1an issue at the hearing if the obligation relates to an order
under s. 767.805 (4) (d)
21. or 767.89 (3) (e) 1. regarding birth expenses and the order specifies that the court
3found that the obligor's income was at or below the poverty line established under
442 USC 9902 (2).
SB59,727
5Section 727
. 49.855 (4m) (b) of the statutes is amended to read:
SB59,553,96
49.855
(4m) (b) The department of revenue may provide a certification that it
7receives under sub. (1), (2m), (2p), or (2r) to the department of administration. Upon
8receipt of the certification, the department of administration shall determine
9whether the obligor is a vendor or is receiving any other payments from this state,
10except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s.
1145.40 (1m), this chapter, or ch. 46, 108, or 301. If the department of administration
12determines that the obligor is a vendor or is receiving payments from this state,
13except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s.
1445.40 (1m), this chapter, or ch. 46, 108, or 301, it shall begin to withhold the amount
15certified from those payments and shall notify the obligor that the state intends to
16reduce any payments due the obligor by the amount the obligor is delinquent under
17the support, maintenance, or receiving and disbursing fee order or obligation, by the
18outstanding amount for past support
, or medical expenses
, or birth expenses under
19the court order, or by the amount due under s. 46.10 (4), 49.345 (4), or 301.12 (4). The
20notice shall provide that within 20 days after receipt of the notice the obligor may
21request a hearing before the circuit court rendering the order under which the
22obligation arose. An obligor may, within 20 days after receiving notice, request a
23hearing under this paragraph. Within 10 days after receiving a request for hearing
24under this paragraph, the court shall set the matter for hearing. A circuit court
25commissioner may conduct the hearing. Pending further order by the court or circuit
1court commissioner, the department of children and families or its designee,
2whichever is appropriate, may not disburse the payments withheld from the obligor.
3The sole issues at the hearing are whether the obligor owes the amount certified and,
4if not and it is a support or maintenance order, whether the money withheld shall be
5paid to the obligor or held for future support or maintenance, except that the obligor's
6ability to pay is also an issue at the hearing if the obligation relates to an order
under
7s. 767.805 (4) (d) 1. or 767.89 (3) (e) 1. regarding birth expenses and the order specifies
8that the court found that the obligor's income was at or below the poverty line
9established under
42 USC 9902 (2).
SB59,728
10Section 728
. 50.03 (3) (b) (intro.) of the statutes is amended to read:
SB59,553,1511
50.03
(3) (b) (intro.) The application for a license and
, except as otherwise
12provided in this subchapter, the report of a licensee shall be in writing upon forms
13provided by the department and shall contain such information as the department
14requires, including the name, address and type and extent of interest of each of the
15following persons:
SB59,729
16Section
729. 50.03 (4) (c) 1. of the statutes is amended to read:
SB59,554,217
50.03
(4) (c) 1. A community-based residential facility license is valid until it
18is revoked or suspended under this section. Every 24 months, on a schedule
19determined by the department, a community-based residential facility licensee
20shall submit
through an online system prescribed by the department a
biennial 21report in the form and containing the information that the department requires,
22including payment of
the fees required any fee due under s. 50.037 (2) (a). If a
23complete biennial report is not timely filed, the department shall issue a warning to
24the licensee. The department may revoke a community-based residential facility
1license for failure to timely and completely report within 60 days after the report date
2established under the schedule determined by the department.
SB59,730
3Section
730. 50.033 (2m) of the statutes is amended to read:
SB59,554,114
50.033
(2m) Reporting. Every 24 months, on a schedule determined by the
5department, a licensed adult family home shall submit
through an online system
6prescribed by the department a biennial report in the form and containing the
7information that the department requires, including payment of
the any fee
required 8due under sub. (2). If a complete biennial report is not timely filed, the department
9shall issue a warning to the licensee. The department may revoke the license for
10failure to timely and completely report within 60 days after the report date
11established under the schedule determined by the department.
SB59,731
12Section
731. 50.034 (1) (a) of the statutes is amended to read:
SB59,554,2113
50.034
(1) (a) No person may operate a residential care apartment complex that
14provides living space for residents who are clients under s.
46.27 (11) or 46.277 and
15publicly funded services as a home health agency or under contract with a county
16department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 that is a home health
17agency unless the residential care apartment complex is certified by the department
18under this section. The department may charge a fee, in an amount determined by
19the department, for certification under this paragraph. The amount of any fee
20charged by the department for certification of a residential care apartment complex
21need not be promulgated as a rule under ch. 227.
SB59,732
22Section 732
. 50.034 (2m) of the statutes is created to read:
SB59,555,623
50.034
(2m) Reporting. Every 24 months, on a schedule determined by the
24department, a residential care apartment complex shall submit through an online
25system prescribed by the department a report in the form and containing the
1information that the department requires, including payment of any fee required
2under sub. (1). If a complete report is not timely filed, the department shall issue a
3warning to the operator of the residential care apartment complex. The department
4may revoke a residential care apartment complex's certification or registration for
5failure to timely and completely report within 60 days after the report date
6established under the schedule determined by the department.
SB59,733
7Section
733. 50.034 (3) (a) 1. of the statutes is repealed.
SB59,734
8Section
734. 50.034 (5m) of the statutes is amended to read:
SB59,555,169
50.034
(5m) Provision of information required. Subject to sub. (5p), when 10When a residential care apartment complex first provides written material
11regarding the residential care apartment complex to a prospective resident, the
12residential care apartment complex shall also provide the prospective resident
13information specified by the department concerning the services of a resource center
14under s. 46.283, the family care benefit under s. 46.286, and the availability of a
15functional screening and a financial and cost-sharing screening to determine the
16prospective resident's eligibility for the family care benefit under s. 46.286 (1).
SB59,735
17Section
735. 50.034 (5n) (intro.) of the statutes is amended to read:
SB59,555,2418
50.034
(5n) Required referral. (intro.)
Subject to sub. (5p), when When a
19residential care apartment complex first provides written material regarding the
20residential care apartment complex to a prospective resident who is at least 65 years
21of age or has developmental disability or a physical disability and whose disability
22or condition is expected to last at least 90 days, the residential care apartment
23complex shall refer the prospective resident to a resource center under s. 46.283,
24unless any of the following applies:
SB59,736
25Section
736. 50.034 (5p) of the statutes is repealed.
SB59,737
1Section
737. 50.034 (6) of the statutes is amended to read:
SB59,556,72
50.034
(6) Funding. Funding for supportive, personal or nursing services that
3a person who resides in a residential care apartment complex receives, other than
4private or 3rd-party funding, may be provided only under s.
46.27 (11) (c) 7. or 46.277
5(5) (e), except if the provider of the services is a certified medical assistance provider
6under s. 49.45 or if the funding is provided as a family care benefit under ss. 46.2805
7to 46.2895.
SB59,738
8Section
738. 50.035 (4m) of the statutes is amended to read:
SB59,556,169
50.035
(4m) Provision of information required. Subject to sub. (4p), when 10When a community-based residential facility first provides written material
11regarding the community-based residential facility to a prospective resident, the
12community-based residential facility shall also provide the prospective resident
13information specified by the department concerning the services of a resource center
14under s. 46.283, the family care benefit under s. 46.286, and the availability of a
15functional screening and a financial and cost-sharing screening to determine the
16prospective resident's eligibility for the family care benefit under s. 46.286 (1).
SB59,739
17Section
739. 50.035 (4n) (intro.) of the statutes is amended to read:
SB59,557,218
50.035
(4n) Required referral. (intro.) When a community-based residential
19facility first provides written information regarding the community-based
20residential facility to a prospective resident who is at least 65 years of age or has
21developmental disability or a physical disability and whose disability or condition is
22expected to last at least 90 days, the community-based residential facility shall refer
23the individual to a resource center under s. 46.283
or, if the secretary has not certified
24under s. 46.281 (3) that a resource center is available in the area of the
25community-based residential facility to serve individuals in an eligibility group to
1which the prospective resident belongs, to the county department that administers
2a program under ss. 46.27 or 46.277, unless any of the following applies:
SB59,740
3Section
740. 50.035 (4p) of the statutes is repealed.
SB59,741
4Section
741. 50.04 (2g) (a) of the statutes is amended to read:
SB59,557,105
50.04
(2g) (a)
Subject to sub. (2i), a A nursing home shall, within the time
6period after inquiry by a prospective resident that is prescribed by the department
7by rule, inform the prospective resident of the services of a resource center under s.
846.283, the family care benefit under s. 46.286, and the availability of a functional
9screening and a financial and cost-sharing screening to determine the prospective
10resident's eligibility for the family care benefit under s. 46.286 (1).
SB59,742
11Section
742. 50.04 (2h) (a) (intro.) of the statutes is amended to read:
SB59,557,1612
50.04
(2h) (a) (intro.)
Subject to sub. (2i), a A nursing home shall, within the
13time period prescribed by the department by rule, refer to a resource center under
14s. 46.283 a person who is seeking admission, who is at least 65 years of age or has
15developmental disability or physical disability and whose disability or condition is
16expected to last at least 90 days, unless any of the following applies:
SB59,743
17Section
743. 50.04 (2i) of the statutes is repealed.
SB59,744
18Section
744. 50.04 (2m) of the statutes is repealed.
SB59,745
19Section
745. 50.06 (7) of the statutes is amended to read:
SB59,558,520
50.06
(7) An individual who consents to an admission under this section may
21request that
an assessment be conducted for the incapacitated individual under the
22long-term support community options program under s. 46.27 (6) or, if the secretary
23has certified under s. 46.281 (3) that a resource center is available for the individual, 24a functional screening and a financial and cost-sharing screening to determine
25eligibility for the family care benefit under s. 46.286 (1). If admission is sought on
1behalf of the incapacitated individual or if the incapacitated individual is about to
2be admitted on a private pay basis, the individual who consents to the admission may
3waive the requirement for a financial and cost-sharing screening under s. 46.283 (4)
4(g), unless the incapacitated individual is expected to become eligible for medical
5assistance within 6 months.
SB59,746
6Section 746
. 51.03 (7) of the statutes is created to read:
SB59,558,107
51.03
(7) From the appropriation under s. 20.435 (5) (dg), the department shall
8award grants to regional crisis stabilization facilities for adults. The department
9shall establish criteria for a regional crisis stabilization facility to receive a grant
10under this subsection.
SB59,747
11Section
747. 51.06 (8) (b) 6. of the statutes is amended to read:
SB59,558,1612
51.06
(8) (b) 6. The extent of Medical Assistance provided to relocated or
13diverted individuals that is in addition to Medical Assistance provided to the
14individuals under s.
46.27 (11), 46.275, 46.277, or 46.278, as a family care benefit
15under ss. 46.2805 to 46.2895, or under any other home-based or community-based
16program for which the department has received a waiver under
42 USC 1396n (c).
SB59,748
17Section
748. 51.42 (3) (ar) 3. of the statutes is amended to read:
SB59,559,518
51.42
(3) (ar) 3. Plan for and establish a community developmental disabilities
19program to deliver the services required under s. 51.437 if, under s. 51.437 (4g) (b),
20the county board of supervisors in a county with a single-county department of
21community programs or the county boards of supervisors in counties with a
22multicounty department of community programs transfer the powers and duties of
23the county department under s. 51.437 to the county department of community
24programs. The county board of supervisors in a county with a single-county
25department of community programs and the county boards of supervisors in counties
1with a multicounty department of community programs may designate the county
2department of community programs to which these powers and duties have been
3transferred as the administrative agency of
the long-term support community
4options program under s. 46.27 (3) (b) 1. and 5. and the community integration
5programs under ss. 46.275, 46.277 and 46.278.
SB59,749
6Section
749. 51.421 (1) of the statutes is amended to read:
SB59,559,157
51.421
(1) Purpose. In order to provide the least restrictive and most
8appropriate care and treatment for persons with serious and persistent mental
9illness, community support programs should be available in all parts of the state.
10In order to integrate community support programs with other long-term care
11programs, community support programs shall be coordinated, to the greatest extent
12possible,
with the community options program under s. 46.27, with the protective
13services system in a county, with the medical assistance program under subch. IV of
14ch. 49 and with other care and treatment programs for persons with serious and
15persistent mental illness.
SB59,750
16Section
750. 51.422 (1) of the statutes is amended to read:
SB59,559,2417
51.422
(1) Program creation. The department shall create 2 or 3 new, regional
18comprehensive opioid treatment programs, and in the 2017-19 fiscal biennium,
19shall create 2 or 3 additional regional comprehensive opioid and methamphetamine
20treatment programs, to provide treatment for opioid and opiate addiction and
21methamphetamine addiction in underserved, high-need areas. The department
22shall obtain and review proposals for opioid and methamphetamine treatment
23programs in accordance with its request-for-proposal procedures.
A program under
24this section may not offer methadone treatment.
SB59,751
25Section 751
. 51.422 (2) of the statutes is amended to read:
SB59,560,10
151.422
(2) Program components. An opioid or methamphetamine treatment
2program created under this section shall offer an assessment to individuals in need
3of service to determine what type of treatment is needed. The program shall
4transition individuals to a certified residential program, if that level of treatment is
5necessary. The program shall provide counseling, medication-assisted treatment,
6including
both long-acting opioid antagonist and partial agonist medications that
7have been approved by the federal food and drug administration
if for treating opioid
8addiction, and abstinence-based treatment. The program shall transition
9individuals who have completed treatment to county-based or private
10post-treatment care.
SB59,752
11Section
752. 51.441 of the statutes is created to read:
SB59,560,18
1251.441 Comprehensive mental health consultation program. The
13department shall convene a statewide group of interested persons, including at least
14one representative of the Medical College of Wisconsin, to develop a concept paper,
15business plan, and standards for a comprehensive mental health consultation
16program that incorporates general psychiatry, geriatric psychiatry, addiction
17medicine and psychiatry, a perinatal psychiatry consultation program, and the child
18psychiatry consultation program under s. 51.442.
SB59,753
19Section
753. 54.21 (2) (g) of the statutes is amended to read:
SB59,560,2220
54.21
(2) (g) The current and likely future effect of the proposed transfer of
21assets on the ward's eligibility for public benefits, including medical assistance
or a
22benefit under s. 46.27.
SB59,754
23Section
754. 54.34 (1) (k) of the statutes is amended to read:
SB59,560,2524
54.34
(1) (k) Whether the proposed ward is a recipient of a public benefit,
25including medical assistance
or a benefit under s. 46.27.
SB59,755
1Section
755. 59.17 (2) (b) 7. of the statutes is repealed.
SB59,756
2Section
756. 59.40 (4) of the statutes is amended to read:
SB59,561,123
59.40
(4) Clerk of circuit court; debt collector contract. If authorized by
4the board under s. 59.52 (28), the clerk of circuit court may contract with a debt
5collector, as defined in s. 427.103 (3), or enter into an agreement with the department
6of revenue under s. 71.93 (8) for the collection of debt. Any contract entered into with
7a debt collector shall provide that the debt collector shall be paid from the proceeds
8recovered by the debt collector. Any contract entered into with the department shall
9provide that the department shall charge a collection fee, as provided under s. 71.93
10(8)
(b) 1. (am). The net proceeds received by the clerk of circuit court after the
11payment to the debt collector shall be considered the amount of debt collected for
12purposes of distribution to the state and county under sub. (2) (m).
SB59,757
13Section
757. 59.52 (6) (a) of the statutes is amended to read:
SB59,562,214
59.52
(6) (a)
How acquired; purposes. Take and hold land acquired under ch.
1575 and acquire, lease or rent property, real and personal, for public uses or purposes
16of any nature, including without limitation acquisitions for county buildings,
17airports, parks, recreation, highways, dam sites in parks, parkways and
18playgrounds, flowages, sewage and waste disposal for county institutions, lime pits
19for operation under s. 59.70 (24), equipment for clearing and draining land and
20controlling weeds for operation under s. 59.70 (18), ambulances, acquisition and
21transfer of real property to the state for new collegiate institutions or research
22facilities, and for transfer to the state for state parks and for the uses and purposes
23specified in s. 23.09 (2) (d).
The power of condemnation may not be used to acquire
24property for the purpose of establishing or extending a recreational trail; a bicycle
1way, as defined in s. 340.01 (5s); a bicycle lane, as defined in s. 340.01 (5e); or a
2pedestrian way, as defined in s. 346.02 (8) (a).
SB59,758
3Section 758
. 59.54 (25) (a) (intro.) of the statutes is amended to read:
SB59,562,144
59.54
(25) (a) (intro.) The board may enact and enforce an ordinance to prohibit
5the possession of
more than 25 grams of marijuana, as defined in s. 961.01 (14),
6subject to
par. (c) and the exceptions in s. 961.41 (3g) (intro.), and provide a forfeiture
7for a violation of the ordinance
; except that if. Any ordinance enacted under this
8paragraph shall provide a person who is prosecuted under it with the defenses that
9the person has under s. 961.436 to prosecutions under s. 961.41 (1) (h), (1m) (h), or
10(3g) (e). If a complaint is issued
regarding an allegation of alleging possession of more
11than 25 grams
of marijuana, or possession of any amount of marijuana following a
12conviction in this state for possession of
more than 25 grams of marijuana, the
13subject of the complaint may not be prosecuted under this subsection for the same
14action that is the subject of the complaint unless all of the following occur:
SB59,759
15Section 759
. 59.54 (25) (c) of the statutes is created to read:
SB59,562,1816
59.54
(25) (c) A person may not be prosecuted under an ordinance enacted
17under par. (a) if, under s. 968.072 (2) or (4) (b), the person would not be subject to
18prosecution under s. 961.41 (3g) (e).
SB59,760
19Section
760. 59.54 (25m) of the statutes is amended to read:
SB59,563,420
59.54
(25m) Drug paraphernalia. The board may enact an ordinance to
21prohibit conduct that is the same as that prohibited by s. 961.573 (1) or (2), 961.574
22(1) or (2), or 961.575 (1) or (2) and provide a forfeiture for violation of the ordinance.
23Any ordinance enacted under this subsection shall provide a person prosecuted
24under it with the defenses that the person has under s. 961.5755 to prosecutions
25under s. 961.573 (1), 961.574 (1), or 961.575 (1). A person may not be prosecuted
1under an ordinance enacted under this subsection if, under s. 968.072 (3) or (4) (b),
2the person would not be subject to prosecution under s. 961.573 (1), 961.574 (1), or
3961.575 (1). The board may enforce an ordinance enacted under this subsection in
4any municipality within the county.
SB59,761
5Section
761. 59.796 of the statutes is repealed.
SB59,762
6Section
762. 60.782 (2) (d) of the statutes is amended to read: