1995 Wisconsin Act 27

27,3115 Section 3115 . 49.50 (7) (hm) of the statutes is renumbered 49.26 (1) (hm).

27,3116b Section 3116b. 49.50 (7) (hr) of the statutes is renumbered 49.26 (1) (hr) and amended to read:

49.26 (1) (hr) If an individual required to attend subject to the school attendance requirement under par. (g) (ge) is enrolled in a public school, communications between the school district and the department or a county department under s. 46.215, 46.22 or 46.23 concerning the individual's school attendance may only be made by a school attendance officer, as defined under s. 118.16 (1) (a).

27,3118b Section 3118b. 49.50 (7) (i) of the statutes is renumbered 49.26 (1) (i) and amended to read:

49.26 (1) (i) The department shall request a waiver from the secretary of the federal department of health and human services to permit the application of the school attendance requirement under par. (g) (ge). Paragraphs (e) and (g) to (hr) do not apply unless the federal waiver is in effect. If a waiver is received, the department shall implement par. (e) beginning with the fall 1987 school term, as defined under s. 115.001 (12), or on the date the waiver is effective, whichever is later.

27,3120b Section 3120b. 49.50 (7) (j) of the statutes is renumbered 49.26 (1) (j) amended to read:

49.26 (1) (j) The department shall designate 4 counties in which the school attendance requirement under par. (g) (ge) will apply to individuals who are 6 to 12 years of age. The department may phase in the requirement by age, beginning on the first day of the fall 1994 school term, as defined in s. 115.001 (12). The department shall conduct or contract for an evaluation of the expansion of the school attendance requirement under this paragraph.

27,3122 Section 3122 . 49.50 (8) of the statutes is renumbered 49.21 (1).

27,3124 Section 3124 . 49.50 (9) of the statutes is renumbered 49.21 (2).

27,3125 Section 3125 . 49.50 (10) of the statutes is renumbered 49.82 (2) and amended to read:

49.82 (2) Eligibility verification. Proof shall be provided for each person included in an application for public assistance under this chapter, except for a child who is eligible for medical assistance under s. 49.46 or 49.47 because of 42 USC 1396a (e) (4), of his or her social security number or that an application for a social security number has been made.

27,3126 Section 3126 . 49.50 (11) of the statutes is amended to read:

49.50 (11) Periodic earnings check by department. The department shall make a periodic check of the amounts earned by recipients of medical assistance under s. 49.46, 49.468 or 49.47, aid to families with dependent children under s. 49.19 and food stamps under 7 USC 2011 to 2029 through a check of the amounts credited to the recipient's social security number. The department shall make an investigation into any discrepancy between the amounts credited to a social security number and amounts reported as income on the declaration application and take appropriate action under s. 49.12 49.95 when warranted. The department shall use the state wage reporting system developed by the department of industry, labor and human relations under 1985 Wisconsin Act 17, section 65 (1), when the system is implemented, to make periodic earnings checks. The department of industry, labor and human relations shall cooperate with the department in supplying this information.

27,3127 Section 3127 . 49.50 (11) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,3128 Section 3128 . 49.51 of the statutes is repealed.

27,3129 Section 3129 . 49.52 (title) of the statutes is renumbered 46.495 (title) and amended to read:

46.495 (title) Reimbursement Distribution of community aids funds to counties.

27,3130 Section 3130 . 49.52 (1) (ad) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.33 (8) and amended to read:

49.33 (8) (title) Reimbursement for income maintenance administration. (a) The department shall reimburse each county for reasonable costs of income maintenance relating to the administration of the programs under this subchapter and subch. IV according to a formula based on workload within the limits of available state and federal funds under s. 20.435 (4) (de) and (nL) 20.445 (3) (de) and (nL) by contract under s. 46.032 49.33 (2). The amount of reimbursement calculated under this paragraph and par. (b) is in addition to any reimbursement provided to a county for fraud and error reduction under s. 49.197 (1m) and (4).

(b) The department may adjust the amounts determined under subd. 1. par. (a) for workload changes and computer network activities performed by counties.

27,3131 Section 3131 . 49.52 (1) (ad) 2. of the statutes is amended to read:

49.52 (1) (ad) 2. The department may adjust the amounts determined under subd. 1. for workload changes, administration of relief of needy Indian persons under s. 49.046 and computer network activities performed by counties.

27,3132 Section 3132 . 49.52 (1) (am) of the statutes is renumbered 46.495 (1) (am) and amended to read:

46.495 (1) (am) The department shall reimburse each county from the appropriations under s. 20.435 (4) (d) and (p) and (7) (b) and (o) for 100% of the cost of aid to families with dependent children granted under s. 49.19, for social services as approved by the department under ss. 46.215 (1), (2) (c) 1. and (3) and 46.22 (1) (b) 8. 1. d. and (e) 3., and for funeral expenses paid for recipients of aid under s. 49.30, a. except that no reimbursement may be made for the administration of or aid granted under s. 49.02.

27,3133 Section 3133 . 49.52 (1) (b) of the statutes is repealed.

27,3134m Section 3134m. 49.52 (1) (d) of the statutes is amended to read:

49.52 (1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute the funding for social services, including funding for foster care or treatment foster care of a child receiving aid under s. 49.19, to county departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2), (3), (3m), (4), (4m) and (8), (9) and (12). Each county's required match for a year equals 9.89% of the total of the county's distributions for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

27,3135 Section 3135 . 49.52 (1) (d) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 46.495 (1) (d).

27,3136 Section 3136 . 49.52 (1) (dc) of the statutes is renumbered 46.495 (1) (dc).

27,3137 Section 3137 . 49.52 (1) (f) of the statutes is renumbered 46.495 (1) (f).

27,3138 Section 3138 . 49.52 (1) (g) of the statutes is repealed.

27,3139 Section 3139 . 49.52 (2) of the statutes is renumbered 46.495 (2).

27,3140 Section 3140 . 49.52 (4) of the statutes is renumbered 49.124 (2).

27,3141 Section 3141 . 49.52 (5) of the statutes is renumbered 49.124 (3) and amended to read:

49.124 (3) The department shall withhold the value of food stamp losses for which a county or federally recognized American Indian tribe is liable under sub. (4) (2) from the payment to the county or tribe under s. 20.435 (4) (de) and (nL) 20.445 (3) (de) and (nL) and reimburse the federal government from the funds withheld.

27,3142 Section 3142 . 49.53 (title) of the statutes is renumbered 49.83 (title).

27,3143 Section 3143 . 49.53 (1m) of the statutes is amended to read:

49.53 (1m) Except as provided under sub. (2), or (3) or (4), no person may use or disclose information concerning applicants and recipients of general relief under s. 49.02 funded by a relief block grant, aid to families with dependent children, social services, child and spousal support and establishment of paternity services under s. 46.25, or supplemental payments under s. 49.177, for any purpose not connected with the administration of the programs. Any person violating this subsection may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.

27,3144 Section 3144 . 49.53 (1m) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.83 and amended to read:

49.83 Except as provided under sub. (2) or (3) s. 49.32 (9) and (10), no person may use or disclose information concerning applicants and recipients of relief funded by a relief block grant, aid to families with dependent children, social services, child and spousal support and establishment of paternity services under s. 46.25, or supplemental payments under s. 49.177 49.77, for any purpose not connected with the administration of the programs. Any person violating this subsection may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.

27,3145 Section 3145 . 49.53 (2) (a) of the statutes is amended to read:

49.53 (2) (a) Each county department under s. 46.215 or, 46.22 or 46.23 administering aid to families with dependent children and each official or agency administering general relief shall maintain a monthly report at its office showing the names and addresses of all persons receiving such aids aid together with the amount paid during the preceding month. Nothing in this paragraph shall be construed to authorize or require the disclosure in the report of any information (names, addresses, amounts of aid or otherwise) pertaining to adoptions, or aid furnished for the care of children in foster homes or treatment foster homes under s. 49.19 (10).

27,3146 Section 3146 . 49.53 (2) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.32 (9) (a).

27,3147 Section 3147 . 49.53 (2) (b) of the statutes is renumbered 49.32 (9) (b) and amended to read:

49.32 (9) (b) Such The report under par. (a) shall be open to public inspection at all times during regular office hours and may be destroyed after the next succeeding report becomes available. Any person except any public officer, seeking permission to inspect such book report shall be required to prove his or her identity and to sign a statement setting forth his or her address and the reasons for making the request and indicating that he or she understands the provisions of par. (c) with respect to the use of the information obtained. The use of a fictitious name is a violation of this section. Within 72 hours after any such record has been inspected, the agency county department shall mail to each person whose record was inspected a notification of that fact and the name and address of the person making such inspection. The agency county department shall keep a record of such requests.

27,3148 Section 3148 . 49.53 (2) (c) of the statutes is renumbered 49.32 (9) (c) and amended to read:

49.32 (9) (c) It is unlawful to use any information obtained through access to such report for political or commercial purposes. The violation of this provision is punishable upon conviction as provided in sub. (1m) s. 49.83.

27,3149 Section 3149 . 49.53 (3) of the statutes is renumbered 49.32 (10).

27,3150 Section 3150 . 49.53 (4) of the statutes is repealed.

27,3151 Section 3151 . 49.54 of the statutes is renumbered 49.77 (5) and amended to read:

49.77 (5) Income determination. In determining the amount of aid to be granted a person applying for supplemental payments under s. 49.177 this section, income shall be disregarded to the extent allowed by federal regulations.

27,3152 Section 3152 . 49.65 (title) of the statutes is renumbered 49.89 (title).

27,3153 Section 3153 . 49.65 (1) of the statutes is renumbered 49.89 (1).

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).