1995 Wisconsin Act 27

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 (this act), is repealed.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.

27,2704 Section 2704 . 49.02 (6m) of the statutes is created to read:

49.02 (6m) Notwithstanding ss. 49.002 (2) and 49.01 (5m), a general relief agency is not required to provide services described in s. 51.42 (3) (ar) 4.

27,2705b Section 2705b. 49.02 (6m) of the statutes, as created by 1995 Wisconsin Act .... (this act), is repealed.

27,2706 Section 2706 . 49.02 (6r) of the statutes is repealed.

27,2708b Section 2708b. 49.02 (7) of the statutes is amended to read:

49.02 (7) (title) Notification requirement. Whenever the authorities charged with the administration of this section have department or a relief agency has reason to believe that a person receiving relief is engaging in conduct or behavior prohibited in ch. 944 or ss. 940.225, 948.02, 948.025 or 948.06 to 948.11 they the department or relief agency shall promptly notify the law enforcement officials of the county thereof, including facts relating to such person's alleged misconduct or illegal behavior.

27,2709b Section 2709b. 49.02 (7m) of the statutes is created to read:

49.02 (7m) Rules. The department shall promulgate rules regarding use of relief block grants. The rules shall include all of the following:

(a) Procedures that relief agencies shall follow in making eligibility determinations.

(b) Procedures for appealing eligibility determinations under s. 49.015. These procedures shall provide for notice, fair hearing and review.

(c) Procedures that relief agencies shall follow to obtain relief block grants under sub. (1).

(d) Standards for a waiver of any eligibility requirement under s. 49.015.

27,2710 Section 2710 . 49.02 (8) of the statutes is renumbered 49.015 (2m) and amended to read:

49.015 (2m) (title) Ineligibility due to medical assistance divestment. Any person found ineligible for medical assistance because of the divestment provisions under s. 49.453 is ineligible for medical care under this section relief funded by a relief block grant for the same period during which ineligibility exists under s. 49.453.

27,2711 Section 2711 . 49.02 (9) of the statutes is repealed.

27,2712b Section 2712b. 49.02 (10) (a) of the statutes is renumbered 49.02 (5) (bm) and amended to read:

49.02 (5) (bm) Except as provided under par. (b), a county A relief agency shall limit its liability for medical or dental care furnished as general relief, including emergency care provided under sub. (5), health care services funded by a relief block grant to the amount payable by medical assistance under ss. 49.43 to 49.47 for care for which a medical assistance rate exists.

27,2713 Section 2713 . 49.02 (10) (b) of the statutes is repealed.

27,2714 Section 2714 . 49.02 (10) (c) of the statutes is repealed.

27,2715b Section 2715b. 49.02 (11) of the statutes is amended to read:

49.02 (11) (title) Department of transportation records. A general relief agency may use vehicle registration information from the department of transportation in determining eligibility for general relief.

27,2716 Section 2716 . 49.02 (12) of the statutes is repealed.

27,2716g Section 2716g. 49.025 of the statutes is created to read:

49.025 Relief block grants to counties with a population of 500,000 or more; medical relief. (1) Applicability. This section applies only to a county having a population of 500,000 or more.

(2) Amount of relief block grant. (a) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (1) (bt), an amount for that year determined as follows:

1. The department shall determine the lesser of the following:

a. For 1996, $17,600,000, and for each year thereafter, $16,600,000.

b. For any year, 45% of the total amount expended by the county in that year as relief for health care services provided to dependent persons.

2. The department shall subtract from the amount determined under subd. 1. amounts paid to hospitals in that county under s. 49.45 (6y) and (6z) in that year. If the amount determined under this subdivision is less than zero, the amount of the relief block grant is $0.

(b) In calculating the total amount expended by the county under par. (a), the department may exclude any amount expended as a result of a waiver determined to be inappropriate under rules promulgated by the department under s. 49.02 (7m) (d).

(3) Use of relief block grant funds. A county may use moneys received as a relief block grant only for the purpose of providing health care services to dependent persons.

27,2716m Section 2716m. 49.027 of the statutes is created to read:

49.027 Relief block grants to counties having a population of less than 500,000; medical and nonmedical relief. (1) Applicability. This section applies only to a county having a population of less than 500,000.

(2) Amount of relief block grant. (a) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with s. 49.031, from the appropriation under s. 20.435 (1) (bu), an amount for that year determined as follows:

1. The department shall calculate an amount as follows:

a. The department shall determine the total amount that the county was reimbursed under s. 49.035, 1993 stats., for general relief costs incurred in 1994.

b. The department shall determine the total amount of general relief reimbursements that were paid under s. 49.035, 1993 stats., for costs incurred in 1994, to all counties that are eligible receive a relief block grant under this section.

c. The department shall divide the amount determined under subd. 1. a. by the amount determined under subd. 1. b.

d. The department shall multiply the amount determined under subd. 1. c. by the amount appropriated under s. 20.435 (1) (bu) for relief block grants for that year.

2. The department shall calculate the sum of the following:

a. For any year, 50% of the total costs incurred by the county for health care services provided to dependent persons as relief in that year.

b. For any year, 40% of the total costs incurred by the county for cash benefits, and for services other than health care services, provided to dependent persons as relief in that year.

3. The department shall determine the lesser of the amount calculated under subd. 1. and the amount calculated under subd. 2.

4. From the amount determined under subd. 3., the department shall subtract amounts paid to hospitals in that county under s. 49.45 (6y) and (6z) for that calendar year.

(b) In calculating the total costs incurred by the county under par. (a) 2., the department may exclude any amount expended as relief by the county in that year as a result of a waiver determined by the department to be inappropriate under rules promulgated by the department under s. 49.02 (7m) (d).

(3) Use of relief block grant funds. A county may use moneys received as a relief block grant to provide services only as follows:

(a) To provide health care services to dependent persons.

(b) If the county provides health care services to dependent persons, to provide cash benefits, or services other than health care services, to dependent persons.

(4) Work component. If a county provides cash benefits, or services other than health care services, as relief, the county may include a work component as part of its relief program funded under this section. If a county includes a work component under this subsection, the county may require a dependent person to participate in the work component as a condition for receiving cash benefits, or services other than health care services.

27,2716p Section 2716p. 49.029 of the statutes is created to read:

49.029 Block grants to tribal governing bodies; medical relief. (1) Applicability. This section applies only to tribal governing bodies.

(2) Amount and distribution of relief block grant. From the appropriation under s. 20.435 (1) (bs), the department shall distribute a relief block grant to each eligible tribal governing body in an amount and in a manner determined in accordance with rules promulgated by the department. The department shall promulgate the rules after consulting with all tribal governing bodies eligible for a relief block grant. In promulgating rules under this section, the department shall consider each tribe's economic circumstances and need for health care services.

(3) Use of relief block grant funds. A tribal governing body may use moneys received as a relief block grant only for the purpose of providing health care services to dependent persons.

27,2716s Section 2716s. 49.031 of the statutes is created to read: