1995 Wisconsin Act 27

27,2663 Section 2663 . 49.01 (8j) of the statutes is created to read:

49.01 (8j) “Secretary" means the secretary of health and social services.

27,2664 Section 2664 . 49.01 (8m) of the statutes is renumbered 49.001 (7).

27,2665 Section 2665 . 49.01 (8p) of the statutes is created to read:

49.01 (8p) “Tribal governing body" means an elected tribal governing body of a federally recognized American Indian tribe.

27,2666 Section 2666 . 49.01 (8r) of the statutes is renumbered 49.001 (8).

27,2667 Section 2667 . 49.01 (9) of the statutes is repealed.

27,2668 Section 2668 . 49.01 (10) of the statutes is repealed.

27,2669 Section 2669 . 49.015 (title) of the statutes is amended to read:

49.015 (title) General relief Relief eligibility.

27,2670b Section 2670b. 49.015 (1) of the statutes is created to read:

49.015 (1) General eligibility requirements. Except as provided in subs. (1m) to (2m), an individual is eligible for relief if the individual meets all of the following conditions:

  (a) Except as provided in sub. (3) (a), the individual resides in a county, or on tax-free land, in which the county or tribal governing body operates a program funded by a relief block grant.

(c) The individual qualifies under written criteria of dependency under s. 49.02 (1) (b) established by the relief agency in that county or on that tax-free land.

27,2671 Section 2671. 49.015 (1) (a) of the statutes is renumbered 49.015 (1m) (a).

27,2672b Section 2672b. 49.015 (1) (b) (intro.) of the statutes is renumbered 49.015 (1m) (b) (intro.) and amended to read:

49.015 (1m) (b) (intro.) No person individual is eligible for general relief under this chapter unless the person individual has resided in this state for at least 60 consecutive days before applying for general relief. This requirement does not apply if the person individual resides in this state and meets any of the following conditions:

27,2673b Section 2673b. 49.015 (1) (b) 1. of the statutes is renumbered 49.015 (1m) (b) 1. and amended to read:

49.015 (1m) (b) 1. The person individual was born in this state.

27,2674b Section 2674b. 49.015 (1) (b) 2. of the statutes is renumbered 49.015 (1m) (b) 2. and amended to read:

49.015 (1m) (b) 2. The person individual has, in the past, resided in this state for at least 365 consecutive days.

27,2675b Section 2675b. 49.015 (1) (b) 3. of the statutes is renumbered 49.015 (1m) (b) 3. and amended to read:

49.015 (1m) (b) 3. The person individual came to this state to join a close relative who has resided in this state for at least 180 days before the arrival of the person individual.

27,2676b Section 2676b. 49.015 (1) (b) 4. of the statutes is renumbered 49.015 (1m) (b) 4. and amended to read:

49.015 (1m) (b) 4. The person individual came to this state to accept a bona fide offer of employment and the person individual was eligible to accept the employment.

27,2677 Section 2677 . 49.015 (1m) (title) of the statutes is created to read:

49.015 (1m) (title) State residency requirements.

27,2678b Section 2678b. 49.015 (2) (a) of the statutes is renumbered 49.015 (2) and amended to read:

49.015 (2) (title) Recipients of other aid. A person Except as provided in sub. (3), an individual is not eligible for general relief under this chapter for a month in which the person individual has received aid to families with dependent children under s. 49.19 or supplemental security income under 42 USC 1381 to 1383c or in which aid to families with dependent children or supplemental security income benefits are immediately available to the person individual.

27,2679b Section 2679b. 49.015 (2) (b) of the statutes is amended to read:

49.015 (2) (b) No person is eligible for general relief under this chapter for a month in which the person is denied, or his or her needs are removed from a grant of, food stamps or aid to families with dependent children under 7 USC 2015 (d) (1), 42 USC 602 (a) (19) (F), 42 USC 607 (b) (2) (C), 42 USC 609 (c) or 42 USC 645 (b) 1 (B) because the person has failed to comply with requirements related to employment or training. A general relief agency may not deny general relief under this subsection to any person other than the person who has failed to comply with those requirements. If Except in counties that have elected not to provide nonmedical benefits under s. 49.032 (2) (a), if the adult caretaker of a child is denied general relief under this subsection and the case involves mismanagement, the general relief agency shall make the general relief payment for the child in the form of a protective payment.

27,2679c Section 2679c. 49.015 (2) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2680 Section 2680 . 49.015 (2) (c) of the statutes is repealed.

27,2681b Section 2681b. 49.015 (3) (title) of the statutes is created to read:

49.015 (3) (title) Waiver of certain eligibility requirements.

27,2681c Section 2681c. 49.015 (3) of the statutes is renumbered 49.015 (3) (b) and amended to read:

49.015 (3) (b) After December 31, 1986, a general A relief agency may waive the requirement under sub. (1) (b) or (2) (a) (2) or (2m) in a medical emergency or in case of unusual misfortune or hardship. Each waiver shall be reported to the department. The department may deny reimbursement under s. 49.035 for any case in which a waiver is inappropriately granted make a determination as to the appropriateness of the waiver under rules promulgated by the department under s. 49.02 (7m) (d).

27,2681d Section 2681d. 49.015 (3) (a) of the statutes is created to read:

49.015 (3) (a) A relief agency may waive the requirement under sub. (1) (a) for an individual receiving health care services from a trauma center that meets the criteria established by the American College of Surgeons for classification as a Level I trauma center. If the county waives the requirement under sub. (1) (a) for an individual, the county may seek reimbursement from the individual's county of residence if that county operates a program funded by a relief block grant.

27,2682 Section 2682 . 49.015 (4) of the statutes is repealed.

27,2683b Section 2683b. 49.02 (title) of the statutes is amended to read:

49.02 (title) General relief Relief block grant administration.

27,2684b Section 2684b. 49.02 (1) of the statutes is created to read:

49.02 (1) Eligibility for relief block grants. A county or tribal governing body is eligible to receive a relief block grant if all of the following conditions are met:

(a) The county board or tribal governing body adopts a resolution applying for a relief block grant.

(b) The county or tribal governing body establishes written criteria to be used to determine dependency and reviews these written criteria at least annually.

(c) The county or tribal governing body submits to the department a plan for the provision of services to be funded by the relief block grant. The plan shall include all of the following:

1. How the county or tribal governing body will determine eligibility and how these eligibility determinations may be appealed. The procedures for determining eligibility and for notice, fair hearing and review shall be consistent with rules promulgated by the department under sub. (7m).

2. How the county or tribal governing body will determine which health care services are needed by a dependent person.

3. The cost containment mechanisms that will be used, including what limitations will be placed on the inappropriate use of emergency room care and what limitations will be placed on payments to providers contracted for under sub. (2).

4. In the case of a county submitting a plan for a relief block grant under s. 49.027, whether the county will provide services other than health care services and, if such services are offered, how the county will determine what services will be provided to a dependent person.

(d) The department has approved the plan under par. (c). The department shall approve or disapprove the plan within a reasonable period of time after the plan is submitted.

27,2685b Section 2685b. 49.02 (1e) of the statutes is created to read:

49.02 (1e) Relief agencies. If a county or tribal governing agency is eligible to receive a relief block grant, the county or tribal governing body shall establish or designate a relief agency to administer relief under this section.

27,2686b Section 2686b. 49.02 (1m) of the statutes is amended to read:

49.02 (1m) Every county shall furnish general relief to all eligible dependent persons within the county and shall establish or designate a general relief agency to administer general relief. The general relief agency shall establish written criteria to be used to determine dependency and. Except for counties that make the election under s. 49.032 (2) (a), each county shall establish written standards of need to be used to determine the type and amount of general relief to be furnished. The general relief agency shall review the standards of need at least annually. The A general relief agency may establish work-seeking rules for general relief applicants and recipients.

27,2686c Section 2686c. 49.02 (1m) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2686d Section 2686d. 49.02 (2) of the statutes is created to read:

49.02 (2) Contracting with private health care providers. A relief agency may use a relief block grant to provide health care services directly or, if the conditions in this subsection are met, by contracting with private health care providers, or by a combination of contracting with private health care providers and providing services directly. A relief agency may contract with a private health care provider to provide health care services under this subsection only if all of the following conditions are met:

(a) The relief agency enters into a contract with the private health care provider to provide specified health care services.

(b) The contract between the relief agency and the private health care provider provides that all records of the health care provider relating to the administration and provision of the health care services shall be open to inspection at all reasonable hours by authorized representatives of the county and the department.

(c) The contract between the relief agency and the private health care provider provides that any payments under s. 49.45 (6y) and (6z) made to the health care provider shall be used to offset the liability of the relief agency for the costs of the health care services provided under the contract.

(d) The contract limits payment for services under the contract to the amount payable by medical assistance for care for which a medical assistance rate exists.

(e) The contract does not provide for payment for hospitalization or care provided as uncompensated services required under 42 USC 291c.

(f) The contract prohibits the health care provider from holding an individual recipient of health care services funded under this section liable for the difference between the costs of the health care services and the amount paid to the health care provider by the county for the services.

27,2687b Section 2687b. 49.02 (2r) of the statutes is renumbered 49.015 (1) (am) and amended to read:

49.015 (1) (am) A general relief agency may require the person who is receiving general relief to authorize The individual authorizes any program or resource for which he or she is determined to be eligible to reimburse the general relief agency for general relief benefits paid health care services provided to the person individual if the program or resource permits retroactive reimbursement for the period that general relief benefits were paid services provided.

27,2688b Section 2688b. 49.02 (3) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2688c Section 2688c. 49.02 (3) (a) of the statutes is amended to read:

49.02 (3) (a) A Except in counties that have elected not to provide nonmedical benefits under s. 49.032 (2) (a), a general relief agency may plainly print or stamp on each check issued as a general relief benefit payment words explaining that the check is valid for 60 days beginning on the date of issuance. The general relief agency may cancel any check that is not presented for payment within the 60-day period indicated on the check and, except as provided in par. (b), the person entitled to the check forfeits the right to the benefit payment. Section 49.037 (6) does not apply to the cancellation of a check under this paragraph.

27,2689 Section 2689 . 49.02 (4) of the statutes is repealed.

27,2690 Section 2690 . 49.02 (5) (title) of the statutes is created to read:

49.02 (5) (title) Liability for health care services.

27,2691b Section 2691b. 49.02 (5) (am) of the statutes is repealed.

27,2692 Section 2692 . 49.02 (5) (ar) of the statutes is repealed.

27,2693 Section 2693 . 49.02 (5) (b) of the statutes is amended to read:

49.02 (5) (b) A county relief agency is not liable for hospitalization or care health care services provided under par. (a) to a dependent person if the hospital provides the care or hospitalization health care services to the person as uncompensated services required under 42 USC 291c.

27,2694 Section 2694 . 49.02 (5) (bm) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

49.02 (5) (bm) A relief agency shall limit its liability for health care services funded by a relief block grant to the amount payable by medical assistance under ss. 49.43 to 49.47 subch. IV for care for which a medical assistance rate exists.

27,2695 Section 2695 . 49.02 (5) (c) of the statutes is repealed.

27,2696 Section 2696 . 49.02 (5) (cr) of the statutes is repealed.

27,2697 Section 2697 . 49.02 (5) (cw) of the statutes is repealed.

27,2698 Section 2698 . 49.02 (5) (d) of the statutes is repealed.

27,2699 Section 2699 . 49.02 (5) (e) of the statutes is repealed.

27,2700 Section 2700 . 49.02 (5) (g) of the statutes is repealed.

27,2701 Section 2701 . 49.02 (6) of the statutes is repealed.

27,2702 Section 2702 . 49.02 (6c) of the statutes is repealed.

27,2703b Section 2703b. 49.02 (6g) of the statutes is amended to read:

49.02 (6g) (title) Liability of recipients. No individual who receives treatment or hospitalization under sub. (5) health care services funded by a relief block grant may be liable for the difference between the costs of the treatment or hospitalization services charged by the health care provider and the amount paid by the general relief agency.