49.197 (2) (b) A If a county department, Wisconsin Works agency, or tribal governing body administers the Wisconsin Works program, the county department, Wisconsin Works agency, or tribal governing body may establish a program to investigate suspected fraudulent activity on the part of participants in the Wisconsin Works program under this subchapter, including persons receiving a child care subsidy under s. 49.155, and to recover incorrect payments made or incorrect benefits provided as a result of fraudulent activity.
28,1262
Section
1262. 49.197 (2) (c) (intro.) of the statutes is renumbered 49.197 (2) (c) and amended to read:
49.197 (2) (c) If a A county department, Wisconsin Works agency, or tribal governing body that establishes a program under par. (b), the county or tribal governing body shall pay to the department all of the following: shall advise both the department and the department of health services of the date on which the program was established and, on an ongoing basis, of any amounts recovered as a result of the program. A county department, Wisconsin Works agency, or tribal governing body may retain any amounts recovered under a program under this subsection and must use the moneys retained to pay cash benefits to Wisconsin Works participants.
28,1262m
Section 1262m. 49.197 (2) (c) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
49.197 (2) (c) A county department, Wisconsin Works agency, or tribal governing body that establishes a program under par. (b) shall advise both the department and the department of health services of the date on which the program was established and, on an ongoing basis, of any amounts recovered as a result of the program. A Except as provided in par. (cm), a county department, Wisconsin Works agency, or tribal governing body may retain any amounts recovered under a program under this subsection and must use the moneys retained to pay cash benefits to Wisconsin Works participants.
28,1263
Section
1263. 49.197 (2) (c) 1. of the statutes is repealed.
28,1264
Section
1264. 49.197 (2) (c) 2. of the statutes is repealed.
28,1265
Section
1265. 49.197 (2) (c) 3. of the statutes is repealed.
28,1265m
Section 1265m. 49.197 (2) (cm) of the statutes is created to read:
49.197 (2) (cm) Any amounts recovered with respect to the child care subsidy program under s. 49.155 by a county department in a county having a population of 500,000 or more as a result of a program under par. (b) or due to the efforts of an employee of such a county who is supervised by the department or the department of health services under s. 49.825 shall be credited to the appropriation account under s. 20.437 (2) (me).
28,1266
Section
1266. 49.197 (2) (d) of the statutes is repealed.
28,1268b
Section 1268b. 49.24 (1) (intro.) of the statutes is created to read:
49.24 (1) (intro.) The department shall provide child support incentive payments to counties from one of the following appropriations:
49.24 (1) (b) From If federal legislation provides for the matching of federal funds for federal child support incentive payments at a rate of 66 percent or more, from the appropriation under s. 20.437 (2) (k), the department shall provide child support incentive payments to counties while the federal legislation is in effect. Total payments under this subsection paragraph may not exceed $5,690,000 per year.
28,1268e
Section 1268e. 49.24 (1) (a) of the statutes is created to read:
49.24 (1) (a) Unless par. (b) applies, from the appropriation under s. 20.437 (2) (bc).
28,1268f
Section 1268f. 49.24 (2) (b) 1. of the statutes is repealed.
28,1268g
Section 1268g. 49.24 (2) (b) 2. of the statutes is amended to read:
49.24 (2) (b) 2. Of the amount of federal child support incentive payments awarded to the state for each federal fiscal year after federal fiscal year 2002, the amount awarded if that amount is less than $12,340,000, or $12,340,000 plus 30% of the amount awarded that exceeds $12,340,000.
28,1268h
Section 1268h. 49.24 (2) (b) 3. of the statutes is amended to read:
49.24 (2) (b) 3. All federal matching funds associated with the amounts distributed under subds. 1. and
subd. 2.
28,1268i
Section 1268i. 49.24 (2) (c) of the statutes is amended to read:
49.24 (2) (c) The department may retain 50% of the amount of federal child support incentive payments awarded to the state for federal fiscal year 2002 that exceeds $12,340,000, and may retain 70% of the amount of federal child support incentive payments awarded to the state for each federal fiscal year after federal fiscal year 2002 that exceeds $12,340,000, to be used to pay the costs of the department's activities under ss. 49.22 and 49.227 and costs related to receiving and disbursing support and support-related payments.
49.24 (2) (dm) If the amount of federal child support incentive payments awarded to the state for a federal fiscal year is less than $12,340,000 and the department is providing child support incentive payments to counties for that federal fiscal year under sub. (1) (b), the total of payments distributed to counties under par. (b) and sub. (1) for that federal fiscal year may not exceed $12,340,000.
28,1268p
Section 1268p. 49.25 of the statutes is created to read:
49.25 Incentive payments for identifying children with health insurance. From the appropriation under s. 20.437 (2) (e), the department may provide incentive payments to county child support agencies under s. 59.53 (5) for identifying children who are receiving medical assistance benefits and who have health insurance coverage or access to health insurance coverage. The department of children and families may disclose to the department of health services information that it possesses or obtains that would assist in identifying children with medical assistance coverage who have health insurance coverage or access to health insurance coverage.
28,1271
Section
1271. 49.32 (9) (a) of the statutes is amended to read:
49.32 (9) (a) Each county department under s. 46.215, 46.22, or 46.23 administering aid to families with dependent children shall maintain a monthly report at its office showing the names of all persons receiving aid to families with dependent children together with the amount paid during the preceding month. Each Wisconsin Works agency administering Wisconsin Works under ss. 49.141 to 49.161 shall maintain a monthly report at its office showing the names of all persons receiving benefits under s. 49.148 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, 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. 48.645 or 49.19 (10).
28,1273
Section
1273. 49.34 (1) of the statutes is amended to read:
49.34 (1) All services under this subchapter and ch. 48 purchased by the department or by a county department under s. 46.215, 46.22, or 46.23 shall be authorized and contracted for under the standards established under this section. The department may require the county departments to submit the contracts to the department for review and approval. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes or treatment foster homes that are required to be licensed under s. 48.62. When the department directly contracts for services, it shall follow the procedures in this section in addition to meeting purchasing requirements established in s. 16.75.
28,1274
Section
1274. 49.343 (title) of the statutes is amended to read:
49.343 (title) Rates for residential care centers and, group homes, and child welfare agencies.
28,1275
Section
1275. 49.343 (1) of the statutes is renumbered 49.343 (1g) and amended to read:
49.343 (1g) Establishment of rates. Subject to sub. (1m), each residential care center for children and youth, as defined in s. 48.02 (15d), and each group home, as defined in s. 48.02 (7), that is incorporated under ch. 180, 181, 185, or 193 shall establish a per client rate for its services and each child welfare agency shall establish a per client administrative rate for the administrative portion of its treatment foster care services. A residential care center for children and youth and a group home shall charge all purchasers the same rate for the same services and a child welfare agency shall charge all purchasers the same administrative rate for the same treatment foster care services.
28,1276
Section
1276. 49.343 (1d) of the statutes is created to read:
49.343 (1d) Definitions. In this section:
(a) "Administrative rate" means the difference between the rate charged by a child welfare agency to a purchaser of treatment foster care services and the rate paid by the child welfare agency to a treatment foster parent for the care and maintenance of a child.
(b) "Child welfare agency" means a child welfare agency that is authorized under s. 48.61 (7) to license treatment foster homes.
(c) "Group home" has the meaning given in s. 48.02 (7).
(d) "Residential care center for children and youth" has the meaning given in s. 48.02 (15d).
28,1276g
Section 1276g. 49.343 (1d) (a) of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:
49.343 (1d) (a) "Administrative rate" means the difference between the rate charged by a child welfare agency to a purchaser of treatment foster care services and the rate paid by the child welfare agency to a treatment foster parent for the care and maintenance of a child.
28,1276j
Section 1276j. 49.343 (1d) (b) of the statutes, as created by 2009 Wisconsin Act .... (this act), is amended to read:
49.343 (1d) (b) "Child welfare agency" means a child welfare agency that is authorized under s. 48.61 (7) to license treatment foster homes.
28,1276m
Section 1276m. 49.343 (1g) of the statutes, as affected by 2009 Wisconsin Act .... (this act), section 1275, is amended to read:
49.343 (1g) Establishment of rates. Subject to sub. (1m), each residential care center for children and youth and each group home shall establish a per client rate for its services and each child welfare agency shall establish a per client administrative rate for the administrative portion of its treatment foster care services. A residential care center for children and youth and a group home shall charge all purchasers the same rate for the same services and a child welfare agency shall charge all purchasers the same administrative rate for the same treatment foster care services. The department shall determine the levels of care created under the rules promulgated under s. 48.62 (8) to which this section applies.
28,1277
Section
1277. 49.343 (1g) of the statutes, as affected by 2009 Wisconsin Act .... (this act), sections 1275 and 1276m, is repealed and recreated to read:
49.343 (1g) Establishment of rates. For services provided beginning on January 1, 2011, the department shall establish the per client rate that a residential care center for children and youth or a group home may charge for its services, and the per client administrative rate that a child welfare agency may charge for the administrative portion of its foster care services, as provided in this section. In establishing rates for a placement specified in s. 938.357 (4) (c) 1. or 2., the department shall consult with the department of corrections. A residential care center for children and youth and a group home shall charge all purchasers the same rate for the same services and a child welfare agency shall charge all purchasers the same administrative rate for the same foster care services. The department shall determine the levels of care created under the rules promulgated under s. 48.62 (8) to which this section applies.
28,1278
Section
1278. 49.343 (1m) of the statutes is amended to read:
49.343 (1m) Negotiation of rates. Notwithstanding sub. (1) (1g), the department, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, a group of those county departments, or the department and one or more of those county departments, and a residential care center for children and youth or group home, as described in sub. (1), may negotiate a per client rate for the services of that residential care center for children and youth or group home, and the department, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, a group of those county departments, or the department and one or more of those county departments, and a child welfare agency may negotiate a per client administrative rate for the administrative portion of the treatment foster care services of that child welfare agency, if the department, that county department, the county departments in that group of county departments, or the department and one or more of those county departments, agree to place 75% or more of the residents of that residential care center for children and youth or group home or of the treatment foster homes operated by that child welfare agency during the period for which that rate is effective. A residential care center for children and youth or group home that negotiates a per client rate under this subsection shall charge that rate to all purchasers of its services the same rate for the same services and a child welfare agency that negotiates a per client administrative rate under this subsection shall charge all purchasers of its treatment foster care services the same administrative rate for the same treatment foster care services.
28,1278g
Section 1278g. 49.343 (1m) of the statutes, as affected by 2009 Wisconsin Act .... (this act), section 1278, is amended to read:
49.343 (1m) Negotiation of rates. Notwithstanding sub. (1g), the department, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, a group of those county departments, or the department and one or more of those county departments, and a residential care center for children and youth or group home may negotiate a per client rate for the services of that residential care center for children and youth or group home, and the department, a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, a group of those county departments, or the department and one or more of those county departments, and a child welfare agency may negotiate a per client administrative rate for the administrative portion of the treatment foster care services of that child welfare agency, if the department, that county department, the county departments in that group of county departments, or the department and one or more of those county departments, agree to place 75% or more of the residents of that residential care center for children and youth or group home or of the treatment foster homes operated by that child welfare agency during the period for which that rate is effective. A residential care center for children and youth or group home that negotiates a per client rate under this subsection shall charge all purchasers of its services the same rate for the same services and a child welfare agency that negotiates a per client administrative rate under this subsection shall charge all purchasers of its treatment foster care services the same administrative rate for the same treatment foster care services.
28,1279
Section
1279. 49.343 (1m) of the statutes, as affected by 2009 Wisconsin Act .... (this act), sections 1278 and 1278g, is repealed.
28,1280
Section
1280. 49.343 (2) (title) of the statutes is created to read:
49.343 (2) (title) Determination of rates.
28,1281
Section
1281. 49.343 (2) of the statutes is renumbered 49.343 (2) (a) and amended to read:
49.343 (2) (a) A By October 1, 2010, and annually after that, a residential care center for children and youth or a group home, as described in sub. (1) or (1m), shall submit to the department the rate it charges and any change in that rate before a charge is made to any purchaser per client rate that it proposes to charge for services provided in the next year and a child welfare agency shall submit to the department the proposed per client administrative rate that it proposes to charge for foster care services provided in the next year. The department shall provide forms and instructions for the submission of rates and changes in proposed rates under this subsection paragraph and a residential care center for children and youth or a, group home, or child welfare agency that is required to submit a rate or a change in a proposed rate under this subsection paragraph shall submit that rate or change in a proposed rate using those forms and instructions.
28,1282
Section
1282. 49.343 (2) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is repealed and recreated to read:
49.343 (2) (a) By October 1 annually, a residential care center for children and youth or a group home shall submit to the department the per client rate that it proposes to charge for services provided in the next year and a child welfare agency shall submit to the department the proposed per client administrative rate that it proposes to charge for foster care services provided in the next year. The department shall provide forms and instructions for the submission of proposed rates under this paragraph and a residential care center for children and youth, group home, or child welfare agency that is required to submit a proposed rate under this paragraph shall submit that proposed rate using those forms and instructions.
28,1283
Section
1283. 49.343 (2) (b) of the statutes is created to read:
49.343 (2) (b) The department shall review a proposed rate submitted under par. (a) and audit the residential care center for children and youth, group home, or child welfare agency submitting the proposed rate to determine whether the proposed rate is appropriate to the level of services to be provided, the qualifications of the residential care center for children and youth, group home, or child welfare agency to provide those services, and the reasonable and necessary costs of providing those services. In reviewing a proposed rate, the department shall consider all of the following factors:
1. Changes in the consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor, for the 12 months ending on June 30 of the year in which the proposed rate is submitted.
2. Changes in the allowable costs of the residential care center for children and youth, group home, or child welfare agency based on current actual cost data or documented projections of costs.
3. Changes in program utilization that affect the per client rate or per client administrative rate.
4. Changes in the department's expectations relating to service delivery.
5. Changes in service delivery proposed by the residential care center for children and youth, group home, or child welfare agency and agreed to by the department.
6. The loss of any source of revenue that had been used to pay expenses, resulting in a lower per client rate or per client administrative rate for services.
7. Changes in any state or federal laws, rules, or regulations that result in any change in the cost of providing services, including any changes in the minimum wage, as defined in s. 49.141 (1) (g).
8. Competitive factors.
9. The availability of funding to pay for the services to be provided under the proposed rate.
10. Any other factor relevant to the setting of a rate that the department may determine by rule promulgated under sub. (4).
28,1284
Section
1284. 49.343 (2) (c) of the statutes is created to read:
49.343 (2) (c) If the department determines under par. (b) that a proposed rate submitted under par. (a) is appropriate, the department shall approve the proposed rate. If the department does not approve a proposed rate, the department shall negotiate with the residential care center for children and youth, group home, or child welfare agency to determine an agreed to rate. If after negotiations a rate is not agreed to, the department and residential care center for children and youth, group home, or child welfare agency shall engage in mediation under the rate resolution procedure promulgated by rule under sub. (4) to arrive at an agreed to rate. If after mediation a rate is not agreed to, the residential care center for children and youth, group home, or child welfare agency may not provide the service for which the rate was proposed.
28,1285
Section
1285. 49.343 (3) of the statutes is amended to read:
49.343 (3) Audit. The department may require an audit of any residential care center for children and youth or, group home, as described in sub. (1) or (1m), or child welfare agency for the purpose of collecting federal funds.
28,1286
Section
1286. 49.343 (4) of the statutes is created to read:
49.343 (4) Rules. The department shall promulgate rules to implement this section. Those rules shall include rules providing for all of the following:
(a) Standards for determining whether a proposed rate is appropriate to the level of services to be provided, the qualifications of a residential care center for children and youth, group home, or child welfare agency to provide those services, and the reasonable and necessary costs of providing those services.
(b) Factors for the department to consider in reviewing a proposed rate.
(c) Procedures for reviewing proposed rates, including rate resolution procedures for mediating an agreed to rate when negotiations fail to produce an agreed to rate.
28,1287
Section
1287. 49.345 (14) (a) of the statutes is amended to read:
49.345 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 49.32 (1) for care and maintenance of persons under 18 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, subsidized guardianship homes, and residential care centers for children and youth is determined in accordance with the cost-based fee established under s. 49.32 (1). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay established by the department under s. 49.32 (1). Any liability of the person not payable by any other person terminates when the person reaches age 18, unless the liable person has prevented payment by any act or omission.
28,1288
Section
1288. 49.345 (14) (b) of the statutes is amended to read:
49.345 (14) (b) Except as provided in par. (c), and subject to par. (cm), liability of a parent specified in sub. (2) or s. 49.32 (1) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355 or 48.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, subsidized guardianship home, or residential care center for children and youth shall be determined by the court by using the percentage standard established by the department under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under par. (g).
28,1289
Section
1289. 49.45 (3) (e) 7. of the statutes is amended to read:
49.45
(3) (e) 7. The daily reimbursement or payment rate to a hospital for services provided to medical assistance recipients awaiting admission to a skilled nursing home, intermediate care facility, community-based residential facility, group home, foster home,
treatment foster home or other custodial living arrangement may not exceed the maximum reimbursement or payment rate based on the average adjusted state skilled nursing facility rate, created under sub. (6m). This limited reimbursement or payment rate to a hospital commences on the date the department, through its own data or information provided by hospitals, determines that continued hospitalization is no longer medically necessary or appropriate during a period
where when the recipient awaits placement in an alternate custodial living arrangement. The department may contract with a peer review organization, established under
42 USC 1320c to
1320c-10, to determine that continued hospitalization of a recipient is no longer necessary and that admission to an alternate custodial living arrangement is more appropriate for the continued care of the recipient. In addition, the department may contract with a peer review organization to determine the medical necessity or appropriateness of physician services or other services provided during the period when a hospital patient awaits placement in an alternate custodial living arrangement.
