1997 Wisconsin Act 27

(c) No family may be denied health care coverage under this section solely because of a health condition of any family member.

(5) Liability for cost. (a) Except as provided in par. (b), a family that receives health care coverage under this section shall pay a percentage of the cost of that coverage in accordance with a schedule established by the department by rule. If the schedule established by the department requires a family to contribute more than 3% of the family's income towards the cost of the health care coverage provided under this section, the department shall submit the schedule to the joint committee on finance for review and approval of the schedule. If the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the department's submittal of the schedule that the committee has scheduled a meeting to review the schedule, the department may implement the schedule. If, within 14 days after the date of the department's submittal of the schedule, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the schedule, the department may not require a family to contribute more than 3% of the family's income unless the joint committee on finance approves the schedule. The joint committee on finance may not approve and the department may not implement a schedule that requires a family to contribute more than 3.5% of the family's income towards the cost of the health care coverage provided under this section.

(b) The department may not require a family with an income below 143% of the poverty line to contribute to the cost of health care coverage provided under this section.

(c) The department may establish by rule requirements for wage withholding as a means of collecting the family's share of the cost of the health care coverage under this section.

(6) Annual report. Not later than October 1 of each year, the department shall submit a report to the legislature under s. 13.172 (2) that summarizes enrollment in and cost of the health care program under this section and any other information that the department determines is pertinent information regarding the program under this section.

27,1981 Section 1981 . 49.683 (2) of the statutes is amended to read:

49.683 (2) Approved costs for medical care under sub. (1) shall be paid from the appropriation under s. 20.435 (1) (5) (e).

27,1982 Section 1982 . 49.686 (2) of the statutes is amended to read:

49.686 (2) Reimbursement. From the appropriation under s. 20.435 (1) (5) (am), the department may reimburse or supplement the reimbursement of the cost of AZT, the drug pentamidine and any drug approved for reimbursement under sub. (4) (c) for an individual who is eligible under sub. (3).

27,1983 Section 1983 . 49.687 (2) of the statutes is amended to read:

49.687 (2) The department shall develop and implement a sliding scale of patient liability for kidney disease aid under s. 49.68, cystic fibrosis aid under s. 49.683 and hemophilia treatment under s. 49.685, based on the patient's ability to pay for treatment. To ensure that the needs for treatment of patients with lower incomes receive priority within the availability of funds under s. 20.435 (1) (5) (e), the department shall revise the sliding scale for patient liability by January 1, 1994, and shall, every 3 years thereafter by January 1, review and, if necessary, revise the sliding scale.

27,1984 Section 1984 . 49.775 of the statutes is created to read:

49.775 Payments for the support of children of supplemental security income recipients. (1) Definitions. In this section:

(a) “Custodial parent" has the meaning given in s. 49.141 (1) (b).

(b) “Dependent child" has the meaning given in s. 49.141 (1) (c).

(2) Supplemental payments. Subject to sub. (3), from the appropriations under s. 20.435 (7) (ed) and (ky), the department shall make a monthly payment in the amount specified in sub. (4) to a custodial parent for the support of each dependent child of the custodial parent if all of the following conditions are met:

(a) The custodial parent is a recipient of supplemental security income under 42 USC 1381 to 1383c or of state supplemental payments under s. 49.77, or both.

(b) If the dependent child has 2 custodial parents, each custodial parent receives supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77, or both.

(bm) The custodial parent assigns to the state any right of the custodial parent or of the dependent child to support from any other person. No amount of support that begins to accrue after the individual ceases to receive payments under this section may be considered assigned to the state. Any money received by the department of workforce development under an assignment to the state under this paragraph shall be paid to the custodial parent.

(c) The dependent child of the custodian parent meets the eligibility criteria under the aid to families with dependent children program under s. 49.19 (1) to (19) or would meet the eligibility criteria under s. 49.19 but for the application of s. 49.19 (20).

(d) The dependent child does not receive supplemental security income under 42 USC 1381 to 1383d.

(e) The custodial parent meets any of the following conditions:

1. The custodial parent is ineligible for aid under s. 49.19 solely because he or she receives supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.

2. The custodial parent is ineligible for a Wisconsin works employment position, as defined under s. 49.141 (1) (r), solely because of the application of s. 49.145 (2) (i).

(3) Two-parent families. In the case of a dependent child who has 2 custodial parents, the department may not make more than one payment under sub. (2) per month for the support of that dependent child.

(4) Payment amount. (a) Except as provided in par. (b), the payment under sub. (2) is $77 per month per dependent child.

(b) If the department is able to certify that the federal government recognizes the expenditure of funds under this section as satisfying the maintenance-of-effort requirements under 42 USC 1382g, the payment under sub. (2) is $100 per month per dependent child.

27,1989b Section 1989b. 49.855 (1) and (2) of the statutes, as affected by 1997 Wisconsin Act 3, are consolidated, renumbered 49.855 (1) and amended to read:

49.855 (1) If a person obligated to provide child support, family support or maintenance is delinquent in making court-ordered payments, or owes an outstanding amount that has been ordered by the court for past support, medical expenses or birth expenses, the clerk of circuit court or county support collection designee under s. 59.53 (5m), whichever is appropriate, upon application of the county designee under s. 59.53 (5) or the department of workforce development, shall certify the delinquent payment or outstanding amount to the department of workforce development. (2) At least annually, the department of workforce development revenue and, at least annually, shall provide to the department of revenue the certifications that it receives under sub. (1) and any certifications of delinquencies or outstanding amounts that it receives from another state because the obligor resides in this state.

27,1991m Section 1991m. 49.855 (3) of the statutes is amended to read:

49.855 (3) Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93 (3), (6) and (7). When the department of revenue determines that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the obligor that the state intends to reduce any state tax refund or credit due the obligor by the amount the obligor is delinquent under the support or maintenance order, by the outstanding amount for past support, medical expenses or birth expenses under the court order or by the amount due under s. 46.10 (4). The notice shall provide that within 20 days the obligor may request a hearing before the circuit court rendering the order. Within 10 days after receiving a request for hearing under this subsection, the court shall set the matter for hearing. Pending further order by the court or family court commissioner, the clerk of circuit court or county support collection designee under s. 59.07 (97m) 59.53 (5m) is prohibited from disbursing the obligor's state tax refund or credit. The family court commissioner may conduct the hearing. The sole issues at that hearing shall be whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld from a tax refund or credit shall be paid to the obligor or held for future support or maintenance. An obligor may, within 20 days of receiving notice that the amount certified shall be withheld from his or her federal tax refund or credit, request a hearing under this subsection.

27,1992m Section 1992m. 49.855 (3) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

49.855 (3) Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93 (3), (6) and (7). When the department of revenue determines that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the obligor that the state intends to reduce any state tax refund or credit due the obligor by the amount the obligor is delinquent under the support or maintenance order, by the outstanding amount for past support, medical expenses or birth expenses under the court order or by the amount due under s. 46.10 (4). The notice shall provide that within 20 days the obligor may request a hearing before the circuit court rendering the order. Within 10 days after receiving a request for hearing under this subsection, the court shall set the matter for hearing. Pending further order by the court or family court commissioner, the clerk of circuit court or county support collection designee under s. 59.53 (5m) department of workforce development or its designee, whichever is appropriate, is prohibited from disbursing the obligor's state tax refund or credit. The family court commissioner may conduct the hearing. The sole issues at that hearing shall be whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld from a tax refund or credit shall be paid to the obligor or held for future support or maintenance. An obligor may, within 20 days of receiving notice that the amount certified shall be withheld from his or her federal tax refund or credit, request a hearing under this subsection.

27,1993 Section 1993 . 49.855 (4) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

49.855 (4) The department of revenue shall send that portion of any state or federal tax refunds or credits withheld for delinquent child support or maintenance or past support, medical expenses or birth expenses to the department of workforce development or its designee for distribution to the appropriate clerk of circuit court or county support collection designee under s. 59.53 (5m) obligee. The department of workforce development shall make a settlement at least annually with the department of revenue and with each clerk of circuit court or county support collection designee under s. 59.53 (5m) who has certified a delinquent obligation or outstanding amount for past support, medical expenses or birth expenses. The settlement shall state the amounts certified, the amounts deducted from tax refunds and credits and returned to the clerk of circuit court or county support collection designee under s. 59.53 (5m) and the administrative costs incurred by the department of revenue. The department of workforce development may charge the county whose clerk of circuit court or support collection designee under s. 59.53 (5m) certified the obligation or outstanding amount the related administrative costs incurred by the department of workforce development and the department of revenue.

27,1994m Section 1994m. 49.855 (4m) (b) of the statutes is amended to read:

49.855 (4m) (b) The department of revenue may provide a certification that it receives under sub. (2) or (2m) to the department of administration. Upon receipt of the certification, the department of administration shall determine whether the obligor is a vendor or is receiving any other payments from this state, except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this chapter or ch. 46 or 108.If the department of administration determines that the obligor is a vendor or is receiving payments from this state, except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this chapter or ch. 46 or 108, it shall begin to withhold the amount certified from those payments and shall notify the obligor that the state intends to reduce any payments due the obligor by the amount the obligor is delinquent under the support or maintenance order, by the outstanding amount for past support, medical expenses or birth expenses under the court order or by the amount due under s. 46.10 (4). The notice shall provide that within 20 days after receipt of the notice the obligor may request a hearing before the circuit court rendering the order. An obligor may, within 20 days after receiving notice, request a hearing under this paragraph. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing. The family court commissioner may conduct the hearing. Pending further order by the court or family court commissioner, the clerk of circuit court or county support collection designee under s. 59.07 (97m) 59.53 (5m) may not disburse the payments withheld from the obligor. The sole issues at the hearing are whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld shall be paid to the obligor or held for future support or maintenance.

27,1995m Section 1995m. 49.855 (4m) (b) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

49.855 (4m) (b) The department of revenue may provide a certification that it receives under sub. (2) (1) or (2m) to the department of administration. Upon receipt of the certification, the department of administration shall determine whether the obligor is a vendor or is receiving any other payments from this state, except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this chapter or ch. 46 or 108.If the department of administration determines that the obligor is a vendor or is receiving payments from this state, except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this chapter or ch. 46 or 108, it shall begin to withhold the amount certified from those payments and shall notify the obligor that the state intends to reduce any payments due the obligor by the amount the obligor is delinquent under the support or maintenance order, by the outstanding amount for past support, medical expenses or birth expenses under the court order or by the amount due under s. 46.10 (4). The notice shall provide that within 20 days after receipt of the notice the obligor may request a hearing before the circuit court rendering the order. An obligor may, within 20 days after receiving notice, request a hearing under this paragraph. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing. The family court commissioner may conduct the hearing. Pending further order by the court or family court commissioner, the clerk of circuit court or county support collection designee under s. 59.53 (5m) department of workforce development or its designee, whichever is appropriate, may not disburse the payments withheld from the obligor. The sole issues at the hearing are whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld shall be paid to the obligor or held for future support or maintenance.

27,1997m Section 1997m. 49.855 (4m) (c) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

49.855 (4m) (c) Except as provided by order of the court after hearing under par. (b), the department of administration shall continue withholding until the amount certified is recovered in full. The department of administration shall transfer the amounts withheld under this paragraph to the department of workforce development for distribution to the appropriate clerk of court, county support collection designee under s. 59.53 (5m) or its designee or department of health and family services, whichever is appropriate. The department of workforce development or its designee shall distribute amounts withheld for delinquent child or family support or maintenance or past support, medical expenses or birth expenses to the obligee.

27,1998 Section 1998 . 49.855 (5) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

49.855 (5) Certification of an obligation to the department of workforce development revenue does not deprive any party of the right to collect the obligation or to prosecute the obligor. The clerk of court or county support collection designee under s. 59.53 (5m), whichever is appropriate, department of workforce development or its designee shall immediately notify the department of workforce development revenue of any collection of an obligation that has been certified by the clerk of court or county support collection designee under s. 59.53 (5m). The department of workforce development shall correct the certified obligation according to the amount the county has collected and report the correction to the department of revenue.

27,1999 Section 1999 . 49.855 (6) of the statutes is amended to read:

49.855 (6) If the state implements the child and spousal support and paternity program under s. ss. 49.22 and 59.53 (5), the state may act under this section in place of the county designee child support agency under s. 59.07 (97) 59.53 (5).

27,2000 Section 2000 . 49.855 (7) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

49.855 (7) The department of workforce development may provide a certification under sub. (1) to a state agency or authority under s. 21.49 (2) (e), 36.11 (6) (b), 36.25 (14), 36.34 (1), 39.30 (2) (e), 39.38 (2), 39.435 (6), 39.44 (4), 39.47 (2m), 45.351 (2) (c), 45.356 (6), 45.396 (6), 45.74 (6), 145.245 (5m) (b), 234.04 (2), 234.49 (1) (c), 234.59 (3) (c), 234.65 (3) (f), 234.83 (2) (a) 3., 234.90 (3) (d) or (3g) (c), 234.905 (3) (d), 281.65 (8) (L) or 949.08 (2) (g).

27,2004 Section 2004 . 49.90 (2g) of the statutes, as affected by 1997 Wisconsin Act 3, 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 under s. 59.53 (5) or the department of workforce development 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.

27,2004m Section 2004m. 49.96 of the statutes is amended to read:

49.96 Assistance grants exempt from levy. All grants of aid to families with dependent children, payments made under ss. 48.57 (3m) or, 49.148 (1) (b) 1. or (c) or (1m) or 49.149 to 49.159, payments made for social services, cash benefits paid by counties under s. 59.53 (21), and benefits under s. 49.77 or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment and every other process and shall be inalienable.

27,2006r Section 2006r. 50.01 (1g) (g) of the statutes is created to read:

50.01 (1g) (g) A residential facility in the village of Union Grove that was authorized to operate without a license under a final judgment entered by a court before January 1, 1982, and that continues to comply with the judgment notwithstanding the expiration of the judgment.

27,2006u Section 2006u. 50.01 (1r) of the statutes is created to read:

50.01 (1r) “Home health agency" has the meaning given under s. 50.49 (1) (a).

27,2007 Section 2007. 50.03 (1m) of the statutes is amended to read:

50.03 (1m) Distinct part or separate licensure for institutions for mental diseases. Upon application to the department, the department may approve licensure of the operation of a nursing home or a distinct part of a nursing home as an institution for mental diseases, as defined under 42 CFR 435.1009. Conditions and procedures for application for, approval of, and operation under and renewal of licensure under this subsection shall be established in rules promulgated by the department.

27,2008 Section 2008 . 50.03 (2) (d) of the statutes is amended to read:

50.03 (2) (d) Any holder of a license or applicant for a license shall be deemed to have given consent to any authorized officer, employe or agent of the department to enter and inspect the facility in accordance with this subsection. Refusal to permit such entry or inspection shall constitute grounds for initial licensure denial, nonrenewal as provided in sub. (4), or suspension or revocation of license, as provided in sub. (5).

27,2009 Section 2009 . 50.03 (3) (b) (intro.) of the statutes is amended to read:

50.03 (3) (b) (intro.) The application for a license or a license renewal and the report of a licensee shall be in writing upon forms provided by the department and shall contain such information as the department requires, including the name, address and type and extent of interest of each of the following persons:

27,2010 Section 2010 . 50.03 (3) (f) of the statutes is amended to read:

50.03 (3) (f) Community-based residential facilities applying for renewal of license shall report all formal complaints regarding their operation filed under sub. (2) (f) and the disposition of each when reporting under sub. (4) (c) 1.

27,2012 Section 2012 . 50.03 (4) (a) 1. b. of the statutes is amended to read:

50.03 (4) (a) 1. b. Except as provided in sub. (4m) (b), the department shall issue a license for a community-based residential facility if it finds the applicant to be fit and qualified, if it finds that the community-based residential facility meets the requirements established by this subchapter and if the community-based residential facility has paid the license fee under s. 50.037 (2) (a). In determining whether to issue a license for a community-based residential facility, the department may consider any action by the applicant or by an employe of the applicant that constitutes a substantial failure by the applicant or employe to protect and promote the health, safety or welfare of a resident. The department may deny licensure to or not renew revoke licensure for any person who conducted, maintained, operated or permitted to be maintained or operated a community-based residential facility for which licensure was revoked. The department, or its designee, shall make such inspections and investigations as are necessary to determine the conditions existing in each case and shall file written reports. Before renewing the license of any In reviewing the report of a community-based residential facility that is required to be submitted under par. (c) 1., the department shall consider all complaints filed under sub. (2) (f) during the current license period since initial license issuance or since the last review, whichever is later, and the disposition of each. The department shall promulgate rules defining “fit and qualified" for the purposes of this subd. 1. b.

27,2013 Section 2013 . 50.03 (4) (a) 2. of the statutes is amended to read:

50.03 (4) (a) 2. The past record of violations of applicable laws and regulations of the United States or of this or any other state, in the operation of a residential or health care facility, or in any other health-related activity by any of the persons listed in sub. (3) (b) shall be relevant to the issue of the fitness of an applicant for issuance or renewal of a license.

27,2014 Section 2014 . 50.03 (4) (c) 1. of the statutes is amended to read:

50.03 (4) (c) 1. Unless sooner A community-based residential facility license is valid until it is revoked or suspended, a community-based residential facility license is valid for 24 months. At least 30 days prior to license expiration, the applicant under this section. Every 24 months, on a schedule determined by the department, a community-based residential facility licensee shall submit a biennial report and application for renewal of the license in the form and containing the information that the department requires. If the report and application are approved, the license shall be renewed for an additional 24-month period. If the application for renewal and, including payment of the fees required under s. 50.037 (2) (a). If a complete annual biennial report are is not timely filed, the department shall issue a warning to the licensee. Failure to make application for renewal within 30 days after receipt of the warning is grounds for nonrenewal of the license. The department may revoke a community-based residential facility license for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.

27,2015 Section 2015 . 50.03 (4) (c) 2. of the statutes is amended to read:

50.03 (4) (c) 2. Unless sooner revoked or suspended, a A nursing home license is valid for 12 months, but may be issued to a new licensee for less than 12 months to coincide with the date of federal medical assistance certification as a skilled nursing facility or intermediate care facility. At least 120 days but not more than 150 days prior to license expiration, the applicant until it is revoked or suspended under this section. Every 12 months, on a schedule determined by the department, a nursing home licensee shall submit an annual a report and application for renewal of the license in the form and containing the information that the department requires. If the report and application are approved, the license shall be renewed for an additional 12-month period. If the application for renewal and, including payment of the fee required under s. 50.135 (2) (a). If a complete annual report are is not timely filed, the department shall issue a warning to the licensee. Failure to make application for renewal within 30 days after receipt of the warning is grounds for nonrenewal of the license. The department may revoke a nursing home license for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.

27,2017 Section 2017 . 50.03 (4) (e) of the statutes is amended to read:

50.03 (4) (e) Each license shall be issued only for the premises and persons named in the application and shall not be is not transferable or assignable. The license shall be posted in a place readily visible to residents and visitors, such as the lobby or reception area of the facility. Any license granted shall state the maximum bed capacity allowed, the person to whom the license is granted, the date, the expiration date of issuance, the maximum level of care for which the facility is licensed as a condition of its licensure and such additional information and special conditions as the department may prescribe.

27,2018 Section 2018 . 50.03 (4) (f) of the statutes is amended to read:

50.03 (4) (f) The issuance or renewal continuance of a license after notice of a violation has been sent shall not constitute a waiver by the department of its power to rely on the violation as the basis for subsequent license revocation or other enforcement action under this subchapter arising out of the notice of violation.

27,2021 Section 2021 . 50.03 (5) (title) of the statutes is amended to read:

50.03 (5) (title) Nonrenewal Suspension and revocation of nursing home licenses.

27,2022 Section 2022 . 50.03 (5) (a) of the statutes is amended to read:

50.03 (5) (a) Power of department. The department, after notice to a nursing home applicant or licensee, may suspend, or revoke or refuse to renew a license in any case in which the department finds that the nursing home has substantially failed to comply with the applicable requirements of this subchapter and the rules promulgated under this subchapter. No state or federal funds passing through the state treasury may be paid to a nursing home that does not have a valid license issued under this section.

27,2023 Section 2023 . 50.03 (5) (b) of the statutes is amended to read:

50.03 (5) (b) Form of notice. Notice under this subsection shall include a clear and concise statement of the violations on which the nonrenewal or revocation is based, the statute or rule violated and notice of the opportunity for an evidentiary hearing under par. (c).

27,2024 Section 2024 . 50.03 (5) (c) of the statutes is amended to read:

50.03 (5) (c) (title) Contest of nonrenewal or revocation. If a nursing home desires to contest the nonrenewal or revocation of a license, the nursing home shall, within 10 days after receipt of notice under par. (b), notify the department in writing of its request for a hearing under s. 227.44. The department shall hold the hearing within 30 days of receipt of such notice and shall send notice to the nursing home of the hearing as provided under s. 227.44 (2).

27,2025 Section 2025 . 50.03 (5) (d) (title) of the statutes is amended to read:

50.03 (5) (d) (title) Effective date of nonrenewal or revocation.

27,2026 Section 2026 . 50.03 (5) (d) 2. of the statutes is repealed.

27,2027 Section 2027 . 50.03 (5) (d) 3. of the statutes is amended to read:

50.03 (5) (d) 3. The department may extend the effective date of license revocation or expiration in any case in order to permit orderly removal and relocation of residents of the nursing home.

27,2030 Section 2030 . 50.03 (5g) (c) 3. of the statutes is amended to read: