SENATE SUBSTITUTE AMENDMENT 1,
To 1995 SENATE BILL 196
September 19, 1995 - Offered by
Committee on Health, Human Services and
Aging.
SB196-SSA1,1,6
1An Act to amend 20.435 (4) (L), 20.435 (4) (Lm), 46.254 (1), 46.254 (2), 46.254
2(3) (a) and 71.93 (1) (a) 3.; and
to create 49.125 (2m), 49.125 (3), 49.195 (4m),
349.195 (5), 49.497 (2e) and 49.497 (2m) of the statutes;
relating to: certain fees
4relating to recovery of overpayments under food stamp, aid to families with
5dependent children and medical assistance programs and making an
6appropriation.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB196-SSA1,1,149
20.435
(4) (L)
Welfare fraud and error reduction; state operations. From the
10moneys received as the state's share of the recovery of overpayments and incorrect
11payments under ss. 49.125
(2) (1), 49.195
(3), 49.497 (1) and 49.50 (6k) (c)
and from
12costs recovered under ss. 49.125 (3), 49.195 (5) and 49.497 (2m), the amounts in the
13schedule for the department's activities to reduce error and fraud in the food stamp,
14aid to families with dependent children and medical assistance programs.
SB196-SSA1,2,93
20.435
(4) (Lm)
Welfare fraud and error reduction; local assistance. From the
4moneys received as the state's share of the recovery of overpayments and incorrect
5payments under ss. 49.125
(2) (1), 49.195
(3), 49.497 (1) and 49.50 (6k) (c)
and from
6costs recovered under ss. 49.125 (3), 49.195 (5) and 49.497 (2m), all moneys not
7appropriated under par. (L) for county and tribal activities to reduce error and fraud
8in the food stamp, aid to families with dependent children and medical assistance
9program.
SB196-SSA1,2,1611
46.254
(1) County department notification requirement. If a county
12department under s. 46.215, 46.22 or 46.23 or a governing body of a federally
13recognized American Indian tribe or band determines that
it or the department of
14health and social services may recover an amount under s. 49.083, 49.125
(1) or (2m),
1549.195 (3)
or (4m) or 49.497
(1) or (2e), the county department or governing body shall
16notify the department of health and social services of the determination.
SB196-SSA1,3,218
46.254
(2) Department certification. At least annually, the department shall
19certify to the department of revenue the amounts that, based on the notifications
20received under sub. (1) and on other information received by the department of
21health and social services, the department has determined
that it may recover to be
22due under ss. 49.083, 49.125
(1) and (2m), 49.195 (3)
and (4m) and 49.497
(1) and (2e),
23except that the department may not certify an amount under this subsection unless
24the department has met the notice requirements under sub. (3) and unless the
1department's determination has either not been appealed or is no longer under
2appeal.
SB196-SSA1,3,74
46.254
(3) (a) Inform the person that the department intends to certify to the
5department of revenue an amount that the department of health and social services
6has determined to be due under s. 49.083, 49.125
(1) or (2m), 49.195 (3) or
(4m) or 749.497
(1) or (2e), for setoff from any state tax refund that may be due the person.
SB196-SSA1,3,169
49.125
(2m) A county, elected governing body of a federally recognized
10American Indian tribe or the department may assess a fee on a person who fails to
11comply with a plan for recovering overpayments that arise from an overissuance of
12food coupons, if the person is no longer eligible for food stamps under the food stamp
13program. The fee may not exceed 10% of the amount remaining to be recovered at
14the time of the noncompliance and may not be assessed more than once annually with
15respect to the same overpayment. The fee may be retained by the county or tribal
16governing body only if the county or tribal governing body assesses the fee.
SB196-SSA1,3,2318
49.125
(3) The department may charge a county, or an elected governing body
19of a federally recognized American Indian tribe or band, for the administrative costs
20that are incurred by the department of health and social services and the department
21of revenue and that are related to certifications under s. 46.254 (2) to recover
22overpayments that arise from an overissuance of food coupons under the food stamp
23program.
SB196-SSA1,4,8
149.195
(4m) A county, elected governing body of a federally recognized
2American Indian tribe or the department may assess a fee on a person who fails to
3comply with a plan for recovering overpayments made under s. 49.19, if the person
4is no longer eligible for benefits under s. 49.19. The fee may not exceed 10% of the
5amount remaining to be recovered at the time of the noncompliance and may not be
6assessed more than once annually with respect to the same overpayment. The fee
7may be retained by the county or tribal governing body only if the county or tribal
8governing body assesses the fee.
SB196-SSA1,4,1410
49.195
(5) The department may charge a county, or an elected governing body
11of a federally recognized American Indian tribe or band, for the administrative costs
12that are incurred by the department of health and social services and the department
13of revenue and that are related to certifications under s. 46.254 (2) to recover
14overpayments made under s. 49.19.
SB196-SSA1,4,2316
49.497
(2e) A county, elected governing body of a federally recognized
17American Indian tribe or the department may assess a fee on a person who fails to
18comply with a plan for recovering benefits distributed under s. 49.46, 49.468 or 49.47,
19if the person is no longer eligible for benefits under those sections. The fee may not
20exceed 10% of the amount remaining to be recovered at the time of the noncompliance
21and may not be assessed more than once annually with respect to the same
22overpayment. The fee may be retained by the county or tribal governing body only
23if the county or tribal governing body assesses the fee.
SB196-SSA1,5,5
149.497
(2m) The department may charge a county, or an elected governing body
2of a federally recognized American Indian tribe or band, for the administrative costs
3that are incurred by the department of health and social services and the department
4of revenue and that are related to certifications under s. 46.254 (2) to recover
5payments made incorrectly for benefits under s. 49.46, 49.468 or 49.47.
SB196-SSA1,5,107
71.93
(1) (a) 3. An amount that the department of health and social services
8may recover has determined to be due under s. 49.083, 49.125
(1) or (2m), 49.195 (3)
9or (4m) or 49.497
(1) or (2e), if the department of health and social services has
10certified the amount under s. 46.254.