1995 Wisconsin Act 27

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

Subchapter VI
General provisions

27,3209 Section 3209 . 49.82 (title) of the statutes is created to read:

49.82 (title) Administration of public assistance programs.

27,3210 Section 3210 . 49.84 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

49.84 (2) At the time of application, the agency administering the public assistance program shall apply to the department of health and social services for a certified copy of a birth certificate for the applicant if the applicant is required to provide a birth certificate or social security number as part of the application and for any person in the applicant's household who is required to provide a birth certificate or social security number. The department of health and social services shall provide without charge any copy for which application is made under this subsection.

27,3211 Section 3211 . 49.84 (5) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

49.84 (5) A person applying for aid to families with dependent children under s. 49.19, medical assistance under ss. 49.45 to 49.47 subch. IV or food stamp program benefits under 7 USC 2011 to 2029 shall, as a condition of eligibility, provide a declaration and other verification of citizenship or satisfactory immigration status as required in 42 USC 1320b-7 (d).

27,3212 Section 3212 . 49.85 (2) (b), (3) (b) and (4) (b) of the statutes are created to read:

49.85 (2) (b) At least annually, the department of industry, labor and human relations shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of industry, labor and human relations, the department of industry, labor and human relations has determined that it may recover under ss. 49.125 and 49.195 (3), except that the department of industry, labor and human relations may not certify an amount under this subsection unless it has met the notice requirements under sub. (3) and unless it's determination has either not been appealed or is no longer under appeal.

(3) (b) At least 30 days before certification of an amount, the department of industry, labor and human relations shall send a notice to the last-known address of the person from whom that department intends to recover the amount. The notice shall do all of the following:

1. Inform the person that the department of industry, labor and human relations intends to certify to the department of revenue an amount that the department of industry, labor and human relations has determined to be due under s. 49.125 or 49.195 (3), for setoff from any state tax refund that may be due the person.

2. Inform the person that he or she may appeal the determination of the department of industry, labor and human relations to certify the amount by requesting a hearing under sub. (4) within 30 days after the date of the letter and inform the person of the manner in which he or she may request a hearing.

3. Inform the person that, if the determination of the department of industry, labor and human relations is appealed, that department will not certify the amount to the department of revenue while the determination of the department of industry, labor and human relations is under appeal.

4. Inform the person that, unless a contested case hearing is requested to appeal the determination of the department of industry, labor and human relations, the person may be precluded from challenging any subsequent setoff of the certified amount by the department of revenue, except on the grounds that the certified amount has been partially or fully paid or otherwise discharged, since the date of the notice.

5. Request that the person inform the department of industry, labor and human relations if a bankruptcy stay is in effect with respect to the person or if the claim has been discharged in bankruptcy.

6. Inform the person that the person may need to contact the department of revenue in order to protect the refunds of spouses who are not liable for the claim.

(4) (b) If a person has requested a hearing under this subsection, the department of industry, labor and human relations shall hold a contested case hearing under s. 227.44, except that the department of industry, labor and human relations may limit the scope of the hearing to exclude issues that were presented at a prior hearing or that could have been presented at a prior opportunity for hearing.

27,3213 Section 3213 . 49.86 of the statutes is created to read:

49.86 Disbursement of funds and facsimile signatures. Withdrawal or disbursement of moneys deposited in a public depository, as defined in s. 34.01 (5), to the credit of the department of industry, labor and human relations or any of its divisions or agencies shall be by check, share draft or other draft signed by the secretary of industry, labor and human relations or by one or more persons in the department of industry, labor and human relations designated by written authorization of the secretary of industry, labor and human relations. Such checks, share drafts and other drafts shall be signed personally or by use of a mechanical device adopted by the secretary of industry, labor and human relations or his or her designees for affixing a facsimile signature. Any public depository shall be fully warranted and protected in making payment on any check, share draft or other draft bearing such facsimile signature notwithstanding that the facsimile may have been placed thereon without the authority of the secretary of industry, labor and human relations or his or her designees.

27,3214 Section 3214 . 49.89 (7) (bm) of the statutes is created to read:

49.89 (7) (bm) The incentive payment shall be an amount equal to 15% of the amount recovered because of benefits paid as state supplemental payments under s. 49.77. The incentive payment shall be taken from the state share of the sum recovered.

27,3215 Section 3215 . 49.89 (7) (d) 2. of the statutes is created to read:

49.89 (7) (d) 2. 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. (c) shall report such recovery to the department of industry, labor and human relations within 30 days after the end of the month in which the recovery is made in a manner specified by the department of industry, labor and human relations.

27,3216 Section 3216 . 49.90 (1) (b) of the statutes is amended to read:

49.90 (1) (b) For purposes of this section those persons receiving benefits under federal Title XVI or under s. 49.177 49.77 shall not be deemed dependent persons.

27,3217 Section 3217 . 49.90 (2g) of the statutes is amended to read:

49.90 (2g) In addition to the remedy specified in sub. (2), upon failure of a grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who is or may be required to provide maintenance under sub. (1) (a) 2., a child of a dependent minor or the child's parent may apply to the circuit court for the county in which the child resides for an order to compel the provision of maintenance. A county department under s. 46.215, 46.22 or 46.23, a county child support agency or the department of health and social services may initiate an action to obtain maintenance of the child by the child's grandparent under sub. (1) (a) 2., regardless of whether the child receives public assistance.

27,3218 Section 3218 . 49.90 (4) of the statutes is amended to read:

49.90 (4) The circuit court shall in a summary way hear the allegations and proofs of the parties and by order require maintenance from these relatives, if they have sufficient ability, considering their own future maintenance and making reasonable allowance for the protection of the property and investments from which they derive their living and their care and protection in old age, in the following order: First the husband or wife; then the father and the mother; and then the grandparents in the instances in which sub. (1) (a) 2. applies. The order shall specify a sum which will be sufficient for the support of the dependent person under sub. (1) (a) 1. or the maintenance of a child of a dependent person under sub. (1) (a) 2., to be paid weekly or monthly, during a period fixed by the order or until the further order of the court. If the court is satisfied that any such relative is unable wholly to maintain the dependent person or the child, but is able to contribute to the person's support or the child's maintenance, the court may direct 2 or more of the relatives to maintain the person or the child and prescribe the proportion each shall contribute. If the court is satisfied that these relatives are unable together wholly to maintain the dependent person or the child, but are able to contribute to the person's support or the child's maintenance, the court shall direct a sum to be paid weekly or monthly by each relative in proportion to ability. Contributions directed by court order, if for less than full support, shall be paid to the department of health and social services and distributed as required by state and federal law. An order under this subsection that relates to maintenance required under sub. (1) (a) 2. shall specifically assign responsibility for and direct the manner of payment of the child's health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon application of any party affected by the order and upon like notice and procedure, the court may modify such an order. Obedience to such an order may be enforced by proceedings for contempt.

27,3219b Section 3219b. 49.90 (6) of the statutes is amended to read:

49.90 (6) If any relative who has been ordered to maintain an institutionalized dependent person or an institutionalized child of a dependent person under 18 years of age neglects to do as ordered, the authorities in charge of the dependent or child or in charge of the institution may recover in an action on behalf of the general relief agency or institution for general relief or support accorded the dependent person or child against such relative the sum prescribed for each week while the order was disobeyed and up to the time of judgment, with costs.

27,3220 Section 3220 . 49.95 (4m) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

49.95 (4m) (a) Without legal authority, sends or brings a person to a county, tribal governing body or municipality or advises a person to go to a county, tribal governing body or municipality for the purpose of obtaining relief funded by a relief block grant, aid to families with dependent children under s. 49.19, medical assistance under ss. 49.45 to 49.47 subch. IV or food stamps under 7 USC 2011 to 2029.

27,3221b Section 3221b. 50.01 (1d) of the statutes is created to read:

50.01 (1d) “Assisted living facility" means a place where 5 or more adults reside that consists of independent apartments, each of which has an individual lockable entrance and exit, a kitchen, including a stove, and individual bathroom, sleeping and living areas, and that provides, to a person who resides in the place, not more than 28 hours per week of services that are supportive, personal and nursing services. “Assisted living facility" does not include a nursing home or a community-based residential facility, but may be physically part of a structure that is a nursing home or community-based residential facility.

27,3221e Section 3221e. 50.01 (1g) (f) of the statutes is created to read:

50.01 (1g) (f) An assisted living facility.

27,3221g Section 3221g. 50.01 (3) (e) of the statutes is created to read:

50.01 (3) (e) An assisted living facility.

27,3222 Section 3222 . 50.02 (1) of the statutes is amended to read:

50.02 (1) Departmental authority. The department may provide uniform, statewide licensing, inspection and regulation of community-based residential facilities and nursing homes as provided in this subchapter. The department shall certify, inspect and otherwise regulate adult family homes, as specified under s. 50.032 and shall license adult family homes, as specified under s. 50.033. Nothing in this subchapter may be construed to limit the authority of the department of industry, labor and human relations development or of municipalities to set standards of building safety and hygiene, but any local orders of municipalities shall be consistent with uniform, statewide regulation of community-based residential facilities. The department may not prohibit any nursing home from distributing over-the-counter drugs from bulk supply. The department may consult with nursing homes as needed and may provide specialized consultations when requested by any nursing home, separate from its inspection process, to scrutinize any particular questions the nursing home raises. The department shall, by rule, define “specialized consultation".

27,3223 Section 3223 . 50.02 (2) (a) of the statutes is amended to read:

50.02 (2) (a) The department, by rule, shall develop, establish and enforce regulations and standards for the care, treatment, health, safety, rights, welfare and comfort of residents in community-based residential facilities and nursing homes and for the construction, general hygiene, maintenance and operation of those facilities which, in the light of advancing knowledge, will promote safe and adequate accommodation, care and treatment of residents in those facilities; and promulgate and enforce rules consistent with this section. Such standards and rules shall provide that intermediate care facilities, which have 16 or fewer beds may, if exempted from meeting certain physical plant, staffing and other requirements of the federal regulations, be exempted from meeting the corresponding provisions of the department's standards and rules. The department shall consult with the department of industry, labor and human relations development when developing exemptions relating to physical plant requirements.