1999 Wisconsin Act 9

49.665 (4) (b) Notwithstanding fulfillment of the eligibility requirements under this subsection, a family no person is not entitled to health care coverage under this section.

9,1474 Section 1474. 49.665 (4) (c) of the statutes is amended to read:

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

9,1475 Section 1475. 49.665 (5) (a) of the statutes is amended to read:

49.665 (5) (a) Except as provided in par. pars. (b) and (bm), a family that, or child who does not reside with his or her parent, who 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, or child who does not reside with his or her parent, to contribute more than 3% of the family's or child'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, or child who does not reside with his or her parent, to contribute more than 3% of the family's or child'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 or child to contribute more than 3.5% of the family's or child's income towards the cost of the health care coverage provided under this section.

9,1476 Section 1476. 49.665 (5) (b) of the statutes is amended to read:

49.665 (5) (b) The department may not require a family, or child who does not reside with his or her parent, with an income below 143% 150% of the poverty line to contribute to the cost of health care coverage provided under this section.

9,1476d Section 1476d. 49.665 (5) (bm) of the statutes is created to read:

49.665 (5) (bm) If the federal department of health and human services notifies the department of health and family services that Native Americans may not be required to contribute to the cost of the health care coverage provided under this section, the department of health and family services may not require Native Americans to contribute to the cost of health care coverage under this section.

9,1476f Section 1476f. 49.665 (5m) of the statutes is created to read:

49.665 (5m) Outreach. The department shall coordinate with the department of public instruction to develop, and beginning on October 1, 1999, or on the effective date of this subsection .... [revisor inserts date], whichever is later, to implement, an outreach mailing targeted at families of children who are enrolled in the federal school lunch program under 42 USC 1751, et seq., to inform the families of those children about health care coverage under this section and the family's potential eligibility for that coverage.

9,1477 Section 1477. 49.682 (2) (c) (intro.) of the statutes is amended to read:

49.682 (2) (c) (intro.) The court shall reduce the amount of a claim under par. (a) by up to $3,000 the amount specified in s. 861.33 (2) if necessary to allow the client's heirs or the beneficiaries of the client's will to retain the following personal property:

9,1478 Section 1478. 49.682 (2) (c) 3. of the statutes is amended to read:

49.682 (2) (c) 3. Other tangible personal property not used in trade, agriculture or other business, not to exceed $1,000 in value the amount specified in s. 861.33 (1) (a) 4.

9,1479 Section 1479. 49.682 (2) (e) of the statutes is renumbered 49.682 (2) (e) 1. and amended to read:

49.682 (2) (e) 1. If the department's claim is not allowable because of par. (d) and the estate includes an interest in a home, the court exercising probate jurisdiction shall, in the final judgment or summary findings and order, assign the interest in the home subject to a lien in favor of the department for the amount described in par. (a). The personal representative or petitioner for summary settlement or summary assignment of the estate shall record the final judgment as provided in s. 863.29, 867.01 (3) (h) or 867.02 (2) (h).

9,1480 Section 1480. 49.682 (2) (e) 2. of the statutes is created to read:

49.682 (2) (e) 2. If the department's claim is not allowable because of par. (d), the estate includes an interest in a home and the personal representative closes the estate by sworn statement under s. 865.16, the personal representative shall stipulate in the statement that the home is assigned subject to a lien in favor of the department for the amount described in par. (a). The personal representative shall record the statement in the same manner as described in s. 863.29, as if the statement were a final judgment.

9,1481 Section 1481. 49.682 (6) of the statutes is created to read:

49.682 (6) The department may contract with or employ an attorney to probate estates to recover under this section the costs of care.

9,1482 Section 1482. 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 (5) (4) (e).

9,1483 Section 1483. 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 (5) (4) (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.

9,1483t Section 1483t. 49.775 (1) (a) of the statutes is amended to read:

49.775 (1) (a) "Custodial parent" has the meaning given in s. 49.141 (1) (b) means, with respect to a dependent child, a parent who is eligible for supplemental security income under 42 USC 1381 to 1383d or for state supplemental payments under s. 49.77, or both, and who resides with a dependent child and, if there has been a determination of legal custody with respect to the dependent child, has legal custody of that child. For the purposes of this paragraph, "legal custody" has the meaning given in s. 767.001 (2) (a).

9,1483u Section 1483u. 49.775 (1) (b) of the statutes is amended to read:

49.775 (1) (b) "Dependent child" has the meaning given in s. 49.141 (1) (c) means a person who is the son or daughter of a custodial parent, who resides with that parent and who is under the age of 18 or, if the person is a full-time student at a secondary school or a vocational or technical equivalent and is reasonably expected to complete the program before attaining the age of 19, is under the age of 19.

9,1483v Section 1483v. 49.775 (1) (c) of the statutes is created to read:

49.775 (1) (c) "Grandchild" means a person who is the son or daughter of a custodial parent's dependent child who resides with the dependent child and, if there has been a determination of legal custody with respect to that person, of whom the dependent child has legal custody. For the purposes of this paragraph, "legal custody" has the meaning given in s. 767.001 (2) (a).

9,1483w Section 1483w. 49.775 (1) (d) of the statutes is created to read:

49.775 (1) (d) "Parent" has the meaning given in s. 49.141 (1) (j).

9,1483x Section 1483x. 49.775 (2) (intro.) of the statutes is amended to read:

49.775 (2) Supplemental payments. (intro.) Subject to sub. (3), 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, and for the support of each grandchild, if all of the following conditions are met:

9,1483y Section 1483y. 49.775 (2) (a) of the statutes is repealed.

9,1483ym Section 1483ym. 49.775 (2) (b) of the statutes is amended to read:

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

9,1483z Section 1483z. 49.775 (2) (c) of the statutes is amended to read:

49.775 (2) (c) The dependent child and grandchild, if any, of the custodian custodial parent meets meet 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).

9,1483zb Section 1483zb. 49.775 (2) (d) of the statutes is amended to read:

49.775 (2) (d) The dependent child or the grandchild does not receive supplemental security income under 42 USC 1381 to 1383d.

9,1484b Section 1484b. 49.775 (4) of the statutes is renumbered 49.775 (4) (a) and amended to read:

49.775 (4) Payment amount. (a) The payment under sub. (2) is $100 $250 per month per for one dependent child and $150 per month for each additional dependent child and, except as provided in par. (b), $150 per month for each grandchild.

9,1484c Section 1484c. 49.775 (4) (b) of the statutes is created to read:

49.775 (4) (b) If the custodial parent receives a payment under s. 48.57 (3m) for the care and maintenance of a child, no payment may be made under this section with respect to that child.

9,1486j Section 1486j. 49.854 (2) (e) of the statutes is created to read:

49.854 (2) (e) Date that support lien docket is operational. The department shall publish a notice in the Wisconsin Administrative Register that states the date on which the statewide support lien docket is first operational. The department shall publish the notice stating the date as soon as possible after the statewide support lien docket begins operating or, if the department is able to determine with certainty the date on which the statewide support lien docket will begin operating, as soon as possible after the department determines that date.

9,1486k Section 1486k. 49.854 (2) (e) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

9,1487 Section 1487. 49.855 (7) of the statutes is repealed.

9,1488d Section 1488d. 49.857 (1) (d) 3. of the statutes is amended to read:

49.857 (1) (d) 3. A license issued under s. 48.66 (1) (a) or (b).

9,1488m Section 1488m. 49.857 (1) (d) 12. of the statutes is amended to read:

49.857 (1) (d) 12. A license or certificate of registration issued under s. 138.09, 138.12, 217.06, 218.01, 218.02, 218.04, 218.05 or, 224.72, 224.93 or subch. III of ch. 551.

9,1489 Section 1489. 49.89 (2) of the statutes is amended to read:

49.89 (2) Subrogation. The department of health and family services, the department of workforce development, a county or an elected tribal governing body that provides any public assistance under this chapter or under s. 253.05 as a result of the occurrence of an injury, sickness or death 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. Subrogation under this subsection because of the provision of medical assistance under subch. IV constitutes a lien, equal to the amount of the medical assistance provided as a result of the injury, sickness or death that gave rise to the claim. The lien is on any payment resulting from a judgment or settlement that may be due the obligor. A lien under this subsection continues until it is released and discharged by the department of health and family services.

9,1490 Section 1490. 49.89 (3m) (bm) of the statutes is created to read:

49.89 (3m) (bm) A person against whom a claim that is subrogated under sub. (2) or assigned under sub. (3) is made, or that person's attorney or insurer, shall provide notice under par. (c), if that person, attorney or insurer knows, or could reasonably determine, that the claimant is a recipient or former recipient of medical assistance under subch. IV, or is the estate of a former recipient of medical assistance under subch. IV.

9,1491 Section 1491. 49.89 (7) (c) of the statutes is 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, s. 49.20, 1997 stats., and 49.30 or 253.05. 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.

9,1491m Section 1491m. 49.96 of the statutes, as affected by 1997 Wisconsin Act 105, section 27g, 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, (3n) or (3o), 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.

9,1493 Section 1493. 50.02 (2) (d) of the statutes is created to read:

50.02 (2) (d) The department shall promulgate rules that prescribe the time periods and the methods of providing information specified in ss. 50.033 (2r) and (2s), 50.034 (5m) and (5n), 50.035 (4m) and (4n) and 50.04 (2g) (a) and (2h) (a).

9,1495 Section 1495. 50.033 (2) of the statutes is amended to read:

50.033 (2) Regulation. Standards for operation of licensed adult family homes and procedures for application for licensure, monitoring, inspection, revocation and appeal of revocation under this section shall be under rules promulgated by the department under s. 50.02 (2) (am) 2. An adult family home licensure is valid until revoked under this section. Licensure is not transferable. The biennial licensure fee for a licensed adult family home is $75 $135. The fee is payable to the county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, if the county department licenses the adult family home under sub. (1m) (b), and is payable to the department, on a schedule determined by the department if the department licenses the adult family home under sub. (1m) (b).

9,1496 Section 1496. 50.033 (2r) of the statutes is created to read:

50.033 (2r) Provision of information required. Subject to sub. (2t), an adult family home shall, within the time period after inquiry by a prospective resident that is prescribed by the department by rule, inform the prospective resident of the services of a resource center under s. 46.283, the family care benefit under s. 46.286 and the availability of a functional and financial screen to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

9,1497 Section 1497. 50.033 (2s) of the statutes is created to read:

50.033 (2s) Required referral. Subject to sub. (2t), an adult family home shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, who is at least 65 years of age or has a physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:

(a) For a person who has received a screen for functional eligibility under s. 46.286 (1) (a) within the previous 6 months, the referral under this subsection need not include performance of an additional functional screen under s. 46.283 (4) (g).

(b) The person is entering the adult family home only for respite care.

(c) The person is an enrollee of a care management organization.

(d) For a person who seeks admission or is about to be admitted on a private pay basis and who waives the requirement for a financial screen under s. 46.283 (4) (g), the referral under this subsection may not include performance of a financial screen under s. 46.283 (4) (g), unless the person is expected to become eligible for medical assistance within 6 months.

9,1498 Section 1498. 50.033 (2t) of the statutes is created to read:

50.033 (2t) Applicability. Subsections (2r) and (2s) apply only if the secretary has certified under s. 46.281 (3) that a resource center is available for the adult family home and for specified groups of eligible individuals that include those persons seeking admission to or the residents of the adult family home.

9,1499 Section 1499. 50.034 (5m) of the statutes is created to read:

50.034 (5m) Provision of information required. Subject to sub. (5p), a residential care apartment complex shall, within the time period after inquiry by a prospective resident that is prescribed by the department by rule, inform the prospective resident of the services of a resource center under s. 46.283, the family care benefit under s. 46.286 and the availability of a functional and financial screen to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

9,1500 Section 1500. 50.034 (5n) of the statutes is created to read:

50.034 (5n) Required referral. Subject to sub. (5p), a residential care apartment complex shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, who is at least 65 years of age or has a physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:

(a) For a person who has received a screen for functional eligibility under s. 46.286 (1) (a) within the previous 6 months, the referral under this subsection need not include performance of an additional functional screen under s. 46.283 (4) (g).

(b) The person is entering the residential care apartment complex only for respite care.

(c) The person is an enrollee of a care management organization.

(d) For a person who seeks admission or is about to be admitted on a private pay basis and who waives the requirement for a financial screen under s. 46.283 (4) (g), the referral under this subsection may not include performance of a financial screen under s. 46.283 (4) (g), unless the person is expected to become eligible for medical assistance within 6 months.

9,1501 Section 1501. 50.034 (5p) of the statutes is created to read:

50.034 (5p) Applicability. Subsections (5m) and (5n) apply only if the secretary has certified under s. 46.281 (3) that a resource center is available for the residential care apartment complex and for specified groups of eligible individuals that include those person seeking admission to or the residents of the residential care apartment complex.

9,1501d Section 1501d. 50.034 (6) of the statutes is amended to read:

50.034 (6) Funding. Funding for supportive, personal or nursing services that a person who resides in a residential care apartment complex receives, other than private or 3rd-party funding, may be provided only under s. 46.27 (11) (c) 7. or 46.277 (5) (e), unless except if the provider of the services is a certified medical assistance provider under s. 49.45 or if the funding is provided as a family care benefit under ss. 46.2805 to 46.2895.

9,1502 Section 1502. 50.034 (8) of the statutes is created to read: