AB150-ASA, s. 3125
2Section
3125. 49.50 (10) of the statutes is renumbered 49.82 (2) and amended
3to read:
AB150-ASA,1010,84
49.82
(2) Eligibility verification. Proof shall be provided for each person
5included in an application for public assistance
under this chapter, except for a child
6who is eligible for medical assistance under s. 49.46 or 49.47 because of
42 USC 1396a 7(e) (4), of his or her social security number or that an application for a social security
8number has been made.
AB150-ASA,1010,2210
49.50
(11) Periodic earnings check by department. The department shall
11make a periodic check of the amounts earned by recipients of medical assistance
12under s. 49.46, 49.468 or 49.47, aid to families with dependent children under s. 49.19
13and food stamps under
7 USC 2011 to
2029 through a check of the amounts credited
14to the recipient's social security number. The department shall make an
15investigation into any discrepancy between the amounts credited to a social security
16number and amounts reported as income on the declaration application and take
17appropriate action under s.
49.12 49.95 when warranted. The department shall use
18the state wage reporting system developed by the department of industry, labor and
19human relations under
1985 Wisconsin Act 17, section
65 (1), when the system is
20implemented, to make periodic earnings checks. The department of industry, labor
21and human relations shall cooperate with the department in supplying this
22information.
AB150-ASA, s. 3127
23Section
3127. 49.50 (11) of the statutes, as affected by 1995 Wisconsin Act ....
24(this act), is repealed.
AB150-ASA, s. 3129
1Section
3129. 49.52 (title) of the statutes is renumbered 46.495 (title) and
2amended to read:
AB150-ASA,1011,4
346.495 (title)
Reimbursement
Distribution of community aids funds to
4counties.
AB150-ASA, s. 3130
5Section
3130. 49.52 (1) (ad) of the statutes, as affected by 1995 Wisconsin Act
6.... (this act), is renumbered 49.33 (8) and amended to read:
AB150-ASA,1011,147
49.33
(8) (title)
Reimbursement for income maintenance administration. (a)
8The department shall reimburse each county for reasonable costs of income
9maintenance
relating to the administration
of the programs under this subchapter
10and subch. IV according to a formula based on workload within the limits of available
11state and federal funds under s.
20.435 (4) (de) and (nL) 20.445 (3) (de) and (nL) by
12contract under s.
46.032 49.33 (2). The amount of reimbursement calculated under
13this paragraph
and par. (b) is in addition to any reimbursement provided to a county
14for fraud and error reduction under s. 49.197 (1m) and (4).
AB150-ASA,1011,1615
(b) The department may adjust the amounts determined under
subd. 1. par. (a) 16for workload changes and computer network activities performed by counties.
AB150-ASA,1011,2018
49.52
(1) (ad) 2. The department may adjust the amounts determined under
19subd. 1. for workload changes
, administration of relief of needy Indian persons under
20s. 49.046 and computer network activities performed by counties.
AB150-ASA, s. 3132
21Section
3132. 49.52 (1) (am) of the statutes is renumbered 46.495 (1) (am) and
22amended to read:
AB150-ASA,1012,423
46.495
(1) (am) The department shall reimburse each county from the
24appropriations under s. 20.435
(4) (d) and (p) and (7) (b) and (o)
for 100% of the cost
25of aid to families with dependent children granted under s. 49.19, for social services
1as approved by the department under ss. 46.215 (1), (2) (c)
1. and (3) and 46.22 (1)
2(b)
8. 1. d. and (e) 3.
, and for funeral expenses paid for recipients of aid under s. 49.30, 3a. except that no reimbursement may be made for the administration of or aid
4granted under s. 49.02.
AB150-ASA,1012,227
49.52
(1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the
8department shall distribute the funding for social services, including funding for
9foster care or treatment foster care of a child receiving aid under s. 49.19, to county
10departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. County
11matching funds are required for the distributions under s. 46.40 (2),
(3), (3m), (4), 12(4m) and (8)
, (9) and (12). Each county's required match for a year equals 9.89% of
13the total of the county's distributions for that year for which matching funds are
14required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to
15spend for juvenile delinquency-related services from its distribution for 1987.
16Matching funds may be from county tax levies, federal and state revenue sharing
17funds or private donations to the county that meet the requirements specified in s.
1851.423 (5). Private donations may not exceed 25% of the total county match. If the
19county match is less than the amount required to generate the full amount of state
20and federal funds distributed for this period, the decrease in the amount of state and
21federal funds equals the difference between the required and the actual amount of
22county matching funds.
AB150-ASA, s. 3135
23Section
3135. 49.52 (1) (d) of the statutes, as affected by 1995 Wisconsin Act
24.... (this act), is renumbered 46.495 (1) (d).
AB150-ASA, s. 3136
25Section
3136. 49.52 (1) (dc) of the statutes is renumbered 46.495 (1) (dc).
AB150-ASA, s. 3137
1Section
3137. 49.52 (1) (f) of the statutes is renumbered 46.495 (1) (f).
AB150-ASA, s. 3141
5Section
3141. 49.52 (5) of the statutes is renumbered 49.124 (3) and amended
6to read:
AB150-ASA,1013,107
49.124
(3) The department shall withhold the value of food stamp losses for
8which a county or federally recognized American Indian tribe is liable under sub.
(4) 9(2) from the payment to the county or tribe under s.
20.435 (4) (de) and (nL) 20.445
10(3) (de) and (nL) and reimburse the federal government from the funds withheld.
AB150-ASA, s. 3142
11Section
3142. 49.53 (title) of the statutes is renumbered 49.83 (title).
AB150-ASA,1013,2013
49.53
(1m) Except as provided under sub. (2)
, or (3)
or (4), no person may use
14or disclose information concerning applicants and recipients of
general relief
under
15s. 49.02 funded by a relief block grant, aid to families with dependent children, social
16services, child and spousal support and establishment of paternity services under s.
1746.25, or supplemental payments under s. 49.177, for any purpose not connected
18with the administration of the programs. Any person violating this subsection may
19be fined not less than $25 nor more than $500 or imprisoned in the county jail not
20less than 10 days nor more than one year or both.
AB150-ASA, s. 3144
21Section
3144. 49.53 (1m) of the statutes, as affected by 1995 Wisconsin Act ....
22(this act), is renumbered 49.83 and amended to read:
AB150-ASA,1014,523
49.83 Except as provided under
sub. (2) or (3) s. 49.32 (9) and (10), no person
24may use or disclose information concerning applicants and recipients of relief funded
25by a relief block grant, aid to families with dependent children, social services, child
1and spousal support and establishment of paternity services under s.
46.25 49.143,
2or supplemental payments under s.
49.177 49.77, for any purpose not connected with
3the administration of the programs. Any person violating this subsection may be
4fined not less than $25 nor more than $500 or imprisoned in the county jail not less
5than 10 days nor more than one year or both.
AB150-ASA,1014,147
49.53
(2) (a) Each county department under s. 46.215
or, 46.22
or 46.23 8administering aid to families with dependent children
and each official or agency
9administering general relief shall maintain a monthly report at its office showing the
10names and addresses of all persons receiving such
aids
aid together with the amount
11paid during the preceding month. Nothing in this paragraph shall be construed to
12authorize or require the disclosure in the report of any information (names,
13addresses, amounts of aid or otherwise) pertaining to adoptions, or aid furnished for
14the care of children in foster homes or treatment foster homes under s. 49.19 (10).
AB150-ASA, s. 3146
15Section
3146. 49.53 (2) (a) of the statutes, as affected by 1995 Wisconsin Act
16.... (this act), is renumbered 49.32 (9) (a).
AB150-ASA, s. 3147
17Section
3147. 49.53 (2) (b) of the statutes is renumbered 49.32 (9) (b) and
18amended to read:
AB150-ASA,1015,419
49.32
(9) (b)
Such The report
under par. (a) shall be open to public inspection
20at all times during regular office hours and may be destroyed after the next
21succeeding report becomes available. Any person except any public officer, seeking
22permission to inspect such
book report shall be required to prove his or her identity
23and to sign a statement setting forth his or her address and the reasons for making
24the request and indicating that he or she understands the provisions of par. (c) with
25respect to the use of the information obtained. The use of a fictitious name is a
1violation of this section. Within 72 hours after any such record has been inspected,
2the
agency county department shall mail to each person whose record was inspected
3a notification of that fact and the name and address of the person making such
4inspection. The
agency county department shall keep a record of such requests.
AB150-ASA, s. 3148
5Section
3148. 49.53 (2) (c) of the statutes is renumbered 49.32 (9) (c) and
6amended to read:
AB150-ASA,1015,97
49.32
(9) (c) It is unlawful to use any information obtained through access to
8such report for political or commercial purposes. The violation of this provision is
9punishable upon conviction as provided in
sub. (1m)
s. 49.83.
AB150-ASA, s. 3151
12Section
3151. 49.54 of the statutes is renumbered 49.77 (5) and amended to
13read:
AB150-ASA,1015,1614
49.77
(5) Income determination. In determining the amount of aid to be
15granted a person applying for supplemental payments under
s. 49.177 this section,
16income shall be disregarded to the extent allowed by federal regulations.
AB150-ASA, s. 3152
17Section
3152. 49.65 (title) of the statutes is renumbered 49.89 (title).
AB150-ASA, s. 3154
19Section
3154. 49.65 (2) of the statutes is renumbered 49.89 (2) and amended
20to read:
AB150-ASA,1016,421
49.89
(2) Subrogation. The department
of health and social services, the
22department of industry, labor and human relations,
a county or
an elected tribal
23governing body
providing that provides any public assistance under this chapter as
24a result of the occurrence of an injury, sickness or death
which that creates a claim
25or cause of action, whether in tort or contract, on the part of a public assistance
1recipient or beneficiary or the estate of a recipient or beneficiary against a 3rd party,
2including an insurer, is subrogated to the rights of the recipient, beneficiary or estate
3and may make a claim or maintain an action or intervene in a claim or action by the
4recipient, beneficiary or estate against the 3rd party.
AB150-ASA,1016,156
49.65
(3) Assignment of actions. The department, county or elected tribal
7governing body providing any public assistance authorized under this chapter,
8including medical assistance, By applying for assistance under this chapter, an
9applicant assigns to the department the right to make a claim to recover an
10indemnity from a 3rd party, including an insurer, if the assistance is provided as a
11result of the occurrence of injury, sickness or death
which that results in a possible
12recovery of
an indemnity from
a
the 3rd party
, including an insurer, may require an
13assignment from the applicant, recipient or beneficiary of such public assistance or
14legally appointed representative of the incompetent or deceased applicant, recipient
15or beneficiary giving it the right to make a claim against the 3rd party.
AB150-ASA, s. 3156
16Section
3156. 49.65 (3) of the statutes, as affected by 1995 Wisconsin Act ....
17(this act), is renumbered 49.89 (3) and amended to read:
AB150-ASA,1016,2318
49.89
(3) Assignment of actions. By applying for assistance under this
19chapter, an applicant assigns to the
state department,
the county department or the
20tribal governing body that provided the assistance the right to make a claim to
21recover an indemnity from a 3rd party, including an insurer, if the assistance is
22provided as a result of the occurrence of injury, sickness or death that results in a
23possible recovery of an indemnity from the 3rd party.
AB150-ASA, s. 3157
24Section
3157. 49.65 (3m) (title) of the statutes, as created by 1995 Wisconsin
25Act .... (this act), is renumbered 49.89 (3m) (title).
AB150-ASA,1017,52
49.65
(3m) Notice requirements. (a) An attorney retained to represent a
3current or former recipient of assistance under this chapter, or the recipient's estate,
4in asserting a claim that is subrogated under sub. (2) or assigned under sub. (3) shall
5provide notice under par. (c).
AB150-ASA,1017,106
(b) If no attorney is retained to represent a current or former recipient of
7assistance under this chapter, or the recipient's estate, in asserting a claim that is
8subrogated under sub. (2) or assigned under sub. (3), the current or former recipient
9or his or her guardian or, if the recipient is deceased, the personal representative of
10the recipient's estate, shall provide notice under par. (c).
AB150-ASA,1017,1311
(c) If a person is required to provide notice under this paragraph, the person
12shall provide notice by certified mail to the department as soon as practicable after
13the occurrence of each of the following events for a claim under par. (a) or (b):
AB150-ASA,1017,1414
1. The filing of the action asserting the claim.
AB150-ASA,1017,1515
2. Intervention in the action asserting the claim.
AB150-ASA,1017,1616
3. Consolidation of the action asserting the claim.
AB150-ASA,1017,1717
4. An award or settlement of all or part of the claim.
AB150-ASA, s. 3159
18Section
3159. 49.65 (3m) (a) of the statutes, as created by 1995 Wisconsin Act
19.... (this act), is renumbered 49.89 (3m) (a).
AB150-ASA, s. 3160
20Section
3160. 49.65 (3m) (b) of the statutes, as created by 1995 Wisconsin Act
21.... (this act), is renumbered 49.89 (3m) (b).
AB150-ASA, s. 3161
22Section
3161. 49.65 (3m) (c) (intro.) of the statutes, as created by 1995
23Wisconsin Act .... (this act), is renumbered 49.89 (3m) (c) (intro.) and amended to
24read:
AB150-ASA,1018,4
149.89
(3m) (c) (intro.) If a person is required to provide notice under this
2paragraph, the person shall provide notice by certified mail to the department
that
3provided the assistance as soon as practicable after the occurrence of each of the
4following events for a claim under par. (a) or (b):
AB150-ASA, s. 3162
5Section
3162. 49.65 (3m) (c) 1. to 4. of the statutes, as created by 1995
6Wisconsin Act .... (this act), are renumbered 49.89 (3m) (c) 1. to 4.
AB150-ASA, s. 3165
9Section
3165. 49.65 (6) of the statutes is renumbered 49.89 (6) and amended
10to read:
AB150-ASA,1018,1411
49.89
(6) (title)
Department's Departments' duties and powers. The
12department
of health and social services and the department of industry, labor and
13human relations shall enforce
its their rights under this section and may contract for
14the recovery of any claim or right of indemnity arising under this section.
AB150-ASA, s. 3166
15Section
3166. 49.65 (7) (title) of the statutes is renumbered 49.89 (7) (title).
AB150-ASA, s. 3167
16Section
3167. 49.65 (7) (a) of the statutes is renumbered 49.89 (7) (a).
AB150-ASA, s. 3168
17Section
3168. 49.65 (7) (b) of the statutes is renumbered 49.89 (7) (b).
AB150-ASA,1018,2419
49.65
(7) (c) The incentive payment shall be an amount equal to 15% of the
20amount recovered because of benefits paid under s.
49.046, 49.19, 49.20 or 49.30 or
21as state supplemental payments under s. 49.177. The incentive payment shall be
22taken from the state share of the sum recovered, except that the incentive payment
23for an amount recovered because of benefits paid under s. 49.19 shall be considered
24an administrative cost under s. 49.19 for the purpose of claiming federal funding.