1995 Wisconsin Act 27

27,3154 Section 3154. 49.65 (2) of the statutes is renumbered 49.89 (2) and amended to read:

49.89 (2) Subrogation. The department of health and social services, the department of industry, labor and human relations, a county or an elected tribal governing body providing that provides any public assistance under this chapter as a result of the occurrence of an injury, sickness or death which that creates a claim or cause of action, whether in tort or contract, on the part of a public assistance recipient or beneficiary or the estate of a recipient or beneficiary against a 3rd party, including an insurer, is subrogated to the rights of the recipient, beneficiary or estate and may make a claim or maintain an action or intervene in a claim or action by the recipient, beneficiary or estate against the 3rd party.

27,3155 Section 3155 . 49.65 (3) of the statutes is amended to read:

49.65 (3) Assignment of actions. The department, county or elected tribal governing body providing any public assistance authorized under this chapter, including medical assistance, By applying for assistance under this chapter, an applicant assigns to the department the right to make a claim to recover an indemnity from a 3rd party, including an insurer, if the assistance is provided as a result of the occurrence of injury, sickness or death which that results in a possible recovery of an indemnity from a the 3rd party, including an insurer, may require an assignment from the applicant, recipient or beneficiary of such public assistance or legally appointed representative of the incompetent or deceased applicant, recipient or beneficiary giving it the right to make a claim against the 3rd party.

27,3156 Section 3156 . 49.65 (3) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.89 (3) and amended to read:

49.89 (3) Assignment of actions. By applying for assistance under this chapter, an applicant assigns to the state department, the county department or the tribal governing body that provided the assistance the right to make a claim to recover an indemnity from a 3rd party, including an insurer, if the assistance is provided as a result of the occurrence of injury, sickness or death that results in a possible recovery of an indemnity from the 3rd party.

27,3157 Section 3157 . 49.65 (3m) (title) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 49.89 (3m) (title).

27,3158 Section 3158 . 49.65 (3m) of the statutes is created to read:

49.65 (3m) Notice requirements. (a) An attorney retained to represent a current or former recipient of assistance under this chapter, or the recipient's estate, in asserting a claim that is subrogated under sub. (2) or assigned under sub. (3) shall provide notice under par. (c).

(b) If no attorney is retained to represent a current or former recipient of assistance under this chapter, or the recipient's estate, in asserting a claim that is subrogated under sub. (2) or assigned under sub. (3), the current or former recipient or his or her guardian or, if the recipient is deceased, the personal representative of the recipient's estate, shall provide notice under par. (c).

(c) If a person is required to provide notice under this paragraph, the person shall provide notice by certified mail to the department as soon as practicable after the occurrence of each of the following events for a claim under par. (a) or (b):

1. The filing of the action asserting the claim.

2. Intervention in the action asserting the claim.

3. Consolidation of the action asserting the claim.

4. An award or settlement of all or part of the claim.

27,3159 Section 3159 . 49.65 (3m) (a) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 49.89 (3m) (a).

27,3160 Section 3160 . 49.65 (3m) (b) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 49.89 (3m) (b).

27,3161 Section 3161 . 49.65 (3m) (c) (intro.) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 49.89 (3m) (c) (intro.) and amended to read:

49.89 (3m) (c) (intro.) If a person is required to provide notice under this paragraph, the person shall provide notice by certified mail to the department that provided the assistance as soon as practicable after the occurrence of each of the following events for a claim under par. (a) or (b):

27,3162 Section 3162 . 49.65 (3m) (c) 1. to 4. of the statutes, as created by 1995 Wisconsin Act .... (this act), are renumbered 49.89 (3m) (c) 1. to 4.

27,3163 Section 3163 . 49.65 (4) of the statutes is renumbered 49.89 (4).

27,3164 Section 3164 . 49.65 (5) of the statutes is renumbered 49.89 (5).

27,3165 Section 3165 . 49.65 (6) of the statutes is renumbered 49.89 (6) and amended to read:

49.89 (6) (title) Department's Departments' duties and powers. The department of health and social services and the department of industry, labor and human relations shall enforce its their rights under this section and may contract for the recovery of any claim or right of indemnity arising under this section.

27,3166 Section 3166 . 49.65 (7) (title) of the statutes is renumbered 49.89 (7) (title).

27,3167 Section 3167 . 49.65 (7) (a) of the statutes is renumbered 49.89 (7) (a).

27,3168 Section 3168 . 49.65 (7) (b) of the statutes is renumbered 49.89 (7) (b).

27,3169 Section 3169 . 49.65 (7) (c) of the statutes is amended to read:

49.65 (7) (c) The incentive payment shall be an amount equal to 15% of the amount recovered because of benefits paid under s. 49.046, 49.19, 49.20 or 49.30 or as state supplemental payments under s. 49.177. The incentive payment shall be taken from the state share of the sum recovered, except that the incentive payment for an amount recovered because of benefits paid under s. 49.19 shall be considered an administrative cost under s. 49.19 for the purpose of claiming federal funding.

27,3170 Section 3170 . 49.65 (7) (c) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.89 (7) (c) and amended to read:

49.89 (7) (c) The incentive payment shall be an amount equal to 15% of the amount recovered because of benefits paid under s. 49.19, 49.20 or 49.30 or as state supplemental payments under s. 49.177. The incentive payment shall be taken from the state share of the sum recovered, except that the incentive payment for an amount recovered because of benefits paid under s. 49.19 shall be considered an administrative cost under s. 49.19 for the purpose of claiming federal funding.

27,3171 Section 3171 . 49.65 (7) (d) of the statutes is renumbered 49.89 (7) (d) 1. and amended to read:

49.89 (7) (d) 1. Any county or elected tribal governing body that has made a recovery under this section for which it is eligible to receive an incentive payment under par. (b) or (c) (bm) shall report such recovery to the department of health and social services within 30 days after the end of the month in which the recovery is made in a manner specified by the department of health and social services.

27,3172 Section 3172 . 49.65 (7) (e) of the statutes is renumbered 49.89 (7) (e) and amended to read:

49.89 (7) (e) The amount of the recovery remaining after payments are made under pars. (b) and to (c) shall be deposited in the state treasury and credited to the appropriation from which the assistance was originally paid.

27,3173 Section 3173 . 49.65 (8) of the statutes is renumbered 49.89 (8).

27,3174 Section 3174 . 49.65 (9) (intro.) of the statutes is renumbered 49.89 (9) (intro.) and amended to read:

49.89 (9) Powers of health maintenance organizations. (intro.) A health maintenance organization or other prepaid health care plan has the powers of the department of health and social services under subs. (2) to (5) to recover the costs which the organization or plan incurs in treating an individual if all of the following circumstances are present:

27,3175 Section 3175 . 49.65 (9) (a) of the statutes is renumbered 49.89 (9) (a).

27,3176 Section 3176 . 49.65 (9) (b) of the statutes is renumbered 49.89 (9) (b).

27,3177 Section 3177 . 49.65 (9) (c) of the statutes is renumbered 49.89 (9) (c) and amended to read:

49.89 (9) (c) The medical costs are incurred during a period for which the department of health and social services pays a capitation or enrollment fee for the recipient.

27,3178 Section 3178 . Subchapter V (title) of chapter 49 [precedes 49.66] of the statutes is created to read:

Chapter 49

Subchapter V
Other medically related
services and support programs

27,3179 Section 3179 . 49.66 of the statutes is created to read:

49.66 Definitions. In this subchapter:

(1) “Department" means the department of health and social services.

(2) “Secretary" means the secretary of health and social services.

27,3180 Section 3180 . 49.70 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.38.

27,3181 Section 3181 . 49.70 (2) of the statutes is amended to read:

49.70 (2) The department shall exercise the options to purchase such securities or accept an assignment of such securities when it finds that the owner of the securities is a resident of this state and is in need of general relief, public assistance or welfare aid, or who but for the ownership of such securities would qualify for general relief, public assistance or other welfare aid. If the department exercises an option to purchase such security, the purchase price shall be paid out, at par value, as general a relief payment. Where the department accepts an assignment of such security as provided in this section it shall pay out as general relief an amount equal to the par value of the security assigned. The general relief furnished, whether by money or otherwise, shall be at such times and in such amounts as will in the discretion of the department meet the needs of the recipient and protect the public. The department is authorized to exercise the options to purchase assigned to it in whole or in part, or to accept an assignment of such securities in whole or in part. The department is granted such authority as may be necessary and convenient to enable it to exercise the functions and perform the duties required of it by this section, including without limitation because of enumeration the authority to promulgate rules governing eligibility and the furnishing and paying of general relief under this section, the authority to enter into suitable agreements with the owner of the security or other appropriate persons for the purpose of carrying out this section, and the authority to sell or transfer the securities or defend and prosecute all actions concerning it and pay all just claims against it and do all other things necessary for the protection, preservation and management of the securities.

27,3182 Section 3182 . 49.80 (title) of the statutes is renumbered 16.385 (title).

27,3183 Section 3183 . 49.80 (1) of the statutes is renumbered 16.385 (1).

27,3184 Section 3184 . 49.80 (2) (title) of the statutes is renumbered 16.385 (2) (title).

27,3185 Section 3185 . 49.80 (2) (a) of the statutes is renumbered 16.385 (2) (a).

27,3186 Section 3186. 49.80 (2) (b) of the statutes is renumbered 16.385 (2) (b) and amended to read:

16.385 (2) (b) The department of health and social services shall administer a low-income warm room program to install low-income warm room program materials in the dwellings of low-income warm room program volunteers and to train the low-income warm room program volunteers and the members of each low-income warm room program volunteer's household in the operation of the low-income warm room program materials to achieve maximum health and heating efficiency.

27,3187 Section 3187 . 49.80 (3) (intro.) of the statutes is renumbered 16.385 (3) (intro.).

27,3188 Section 3188 . 49.80 (3) (b) of the statutes is renumbered 16.385 (3) (b) and amended to read:

16.385 (3) (b) By October 1 of every year from the appropriation under s. 20.435 (4) (md) 20.505 (7) (o), determine the total amount available for payment of heating assistance under sub. (6) and determine the benefit schedule.

27,3189 Section 3189 . 49.80 (3) (c) of the statutes is renumbered 16.385 (3) (c) and amended to read:

16.385 (3) (c) From the appropriation under s. 20.435 (4) (mc) 20.505 (7) (m), allocate $1,100,000 in each federal fiscal year for the department's expenses in administering the funds to provide low-income energy assistance.

27,3190 Section 3190 . 49.80 (3) (d) of the statutes is renumbered 16.385 (3) (d) and amended to read:

16.385 (3) (d) From the appropriation under s. 20.435 (4) (md) 20.505 (7) (o), allocate $2,900,000 in each federal fiscal year for the expenses of a county department, another local governmental agency or a private nonprofit organization in administering under sub. (4) the funds to provide low-income energy assistance.

27,3191 Section 3191 . 49.80 (3) (e) (intro.) of the statutes is renumbered 16.385 (3) (e) (intro.) and amended to read:

16.385 (3) (e) (intro.) From the appropriation under s. 20.435 (4) (md) 20.505 (7) (o):

27,3192 Section 3192 . 49.80 (3) (e) 1. of the statutes is renumbered 16.385 (3) (e) 1. and amended to read:

16.385 (3) (e) 1. Allocate and transfer to the appropriation under s. 20.505 (7) (km), 15% of the moneys received under 42 USC 8621 to 8629 in each federal fiscal year under the priority of maintaining funding for the geographical areas on July 20, 1985, and, if funding is reduced, prorating contracted levels of payment, for the weatherization assistance program administered by the department of administration under s. 16.39.

27,3193 Section 3193 . 49.80 (3) (e) 2. of the statutes is amended to read:

49.80 (3) (e) 2. Allocate $2,400,000 not more than $3,200,000 in each federal fiscal year for the payment of crisis assistance benefits to meet weather-related or fuel supply shortage emergencies under sub. (8).

27,3194 Section 3194 . 49.80 (3) (e) 2. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 16.385 (3) (e) 2.

27,3195 Section 3195 . 49.80 (3) (e) 3. of the statutes is renumbered 16.385 (3) (e) 3.

27,3196 Section 3196 . 49.80 (3) (e) 6. of the statutes is renumbered 16.385 (3) (e) 6.

27,3197 Section 3197 . 49.80 (3) (e) 7. of the statutes is renumbered 16.385 (3) (e) 7.

27,3198 Section 3198 . 49.80 (4) (title) of the statutes is renumbered 16.385 (4) (title).

27,3199 Section 3199 . 49.80 (4) (a) of the statutes is renumbered 16.385 (4) (a) and amended to read:

16.385 (4) (a) A household may apply after September 30 and before May 16 of any year for heating assistance from the county department under s. 46.215 (1) (n) or 46.22 (1) (b) 10. 4. a. to e. or from another local governmental agency or a private nonprofit organization with which the department contracts to administer the heating assistance program, and shall have the opportunity to do so on a form prescribed by the department for that purpose.

27,3200 Section 3200 . 49.80 (4) (b) of the statutes is renumbered 16.385 (4) (b).

27,3201 Section 3201 . 49.80 (5) (intro.) of the statutes is renumbered 16.385 (5) (intro.).

27,3202 Section 3202 . 49.80 (5) (b) of the statutes is renumbered 16.385 (5) (b).

27,3203 Section 3203 . 49.80 (5) (c) of the statutes is renumbered 16.385 (5) (c) and amended to read:

16.385 (5) (c) A household entirely composed of persons receiving aid to families with dependent children under s. 49.19, food stamps under 7 USC 2011 to 2029, or supplemental security income or state supplemental payments under 42 USC 1381 to 1383c or s. 49.177 49.77.

27,3204 Section 3204 . 49.80 (5) (d) of the statutes is renumbered 16.385 (5) (d).

27,3205 Section 3205 . 49.80 (6) of the statutes is renumbered 16.385 (6).

27,3206 Section 3206 . 49.80 (7) of the statutes is renumbered 16.385 (7).

27,3207 Section 3207 . 49.80 (8) of the statutes is renumbered 16.385 (8).

27,3208 Section 3208 . Subchapter VI (title) of chapter 49 [precedes 49.81] of the statutes is created to read:

Chapter 49