AB100-ASA1,842,6
149.46
(1) (a) 12. Any child not described under subd. 1. who is under 19 years
2of age and who meets the resource and income limits under s. 49.19 (4).
This If a
3waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that
4permits the application of s. 49.153 is enacted, this subdivision does not apply
5beginning on the first day of the 6th month beginning after the date stated in the
6notice under s.
49.141 (2) (d) 49.153 (1m) (a).
AB100-ASA1,842,138
49.46
(1) (a) 13. Any child who is under one year of age, whose mother was
9determined to be eligible under subd. 9. and who lives with his or her mother.
This 10If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that
11permits the application of s. 49.153 is enacted, this subdivision does not apply
12beginning on the first day of the 6th month beginning after the date stated in the
13notice under s.
49.141 (2) (d) 49.153 (1m) (a).
AB100-ASA1,842,1816
49.46
(1) (am) 3.
This If a waiver under s. 49.153 (1m) (a) is granted and in
17effect, this paragraph does not apply beginning on the first day of the 6th month
18beginning after the date stated in the notice under s.
49.141 (2) (d) 49.153 (1m) (a).
AB100-ASA1,842,2420
49.46
(1) (c) (intro.) Except as provided under
pars. par. (co)
and (cs), a family
21that becomes ineligible for aid to families with dependent children under s. 49.19
22because of increased income from employment or increased hours of employment or
23because of the expiration of the time during which the disregards under s. 49.19 (5)
24(a) 4. or 4m. or (am) apply shall receive medical assistance for:
AB100-ASA1,843,4
149.46
(1) (cb)
Paragraph
If a waiver under s. 49.153 (1m) (a) is granted and in
2effect or federal legislation that permits the application of s. 49.153 is enacted, par. 3(c) does not apply beginning on the first day of the 6th month beginning after the date
4stated in the notice under s.
49.141 (2) (d) 49.153 (1m) (a).
AB100-ASA1,843,176
49.46
(1) (cg)
Except as provided in par. (cs), medical Medical assistance shall
7be provided to a dependent child, a relative with whom the child is living or the
8spouse of the relative, if the spouse meets the requirements of s. 49.19 (1) (c) 2. a. or
9b., for 4 calendar months beginning with the month in which the child, relative or
10spouse is ineligible for aid to families with dependent children because of the
11collection or increased collection of maintenance or support, if the child, relative or
12spouse received aid to families with dependent children in 3 or more of the 6 months
13immediately preceding the month in which that ineligibility begins.
This If a waiver
14under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits
15the application of s. 49.153 is enacted, this paragraph does not apply beginning on
16the first day of the 6th month beginning after the date stated in the notice under s.
1749.141 (2) (d) 49.153 (1m) (a).
AB100-ASA1,844,219
49.46
(1) (co) 1. Except as provided under subd. 2.
and par. (cs), medical
20assistance shall be provided to a family for 12 consecutive calendar months following
21the month in which the family becomes ineligible for aid to families with dependent
22children because of increased income from employment, because the family no longer
23receives the earned income disregard under s. 49.19 (5) (a) 4. or 4m. or (am) due to
24the expiration of the time limit during which the disregards are applied or because
1of the application of the monthly employment time eligibility limitation under
45
2CFR 233.100 (a) (1) (i).
AB100-ASA1,844,74
49.46
(1) (co) 4.
This If a waiver under s. 49.153 (1m) (a) is granted and in effect
5or federal legislation that permits the application of s. 49.153 is enacted, this 6paragraph does not apply beginning on the first day of the 6th month beginning after
7the date stated in the notice under s.
49.141 (2) (d)
49.153 (1m) (a).
AB100-ASA1,844,1611
49.46
(1) (e) 2.
Beginning If a waiver under s. 49.153 (1m) (a) is granted and
12in effect or federal legislation that permits the application of s. 49.153 is enacted,
13beginning on the first day of the 6th month beginning after the date stated in the
14notice under s.
49.141 (2) (d) 49.153 (1m) (a), this paragraph does not apply with
15respect to a person who has income and resources within the limitations of s. 49.19
16whether or not the person requests or receives a grant of aid under that section.
AB100-ASA1,844,2220
49.46
(2) (a) 4. d. Home health services, subject to the
limitations limitation 21under s. 49.45 (8)
and (8e), or, if a home health agency is unavailable, nursing
22services
, subject to the limitations under s. 49.45 (8e).
AB100-ASA1,845,224
49.46
(2) (b) 6. fm. Subject to the limitations under s. 49.45 (45), mental health
25services and alcohol and other drug abuse services, including services provided by
1a psychiatrist, to an individual who is 21 years of age or older in the individual's home
2or in the community.
AB100-ASA1,845,54
49.46
(2) (b) 6. j. Personal care services, subject to the
limitations limitation 5under s. 49.45
(8e) and (42).
AB100-ASA1,845,97
49.46
(2) (b) 6. Lm. Subject to the limitations under s. 49.45 (30e), psychosocial
8services, including case management services, provided by the staff of a
9community-based psychosocial service program.
AB100-ASA1,845,1411
49.465
(7) This If a waiver under s. 49.153 (1m) (a) is granted and in effect or
12federal legislation that permits the application of s. 49.153 is enacted, this section
13does not apply beginning on the first day of the 6th month beginning after the date
14stated in the notice under s.
49.141 (2) (d) 49.153 (1m) (a).
AB100-ASA1,845,2316
49.47
(1) Purpose. Medical assistance as set forth herein shall be provided to
17persons over 65,
if eligible under this section, all disabled children under 18
, if
18eligible under this section, and persons who are blind or disabled
, if eligible under
19this section
. Unless a waiver under s. 49.153 (1m) (a) is granted and in effect or
20federal legislation that permits the application of s. 49.153 is enacted, medical
21assistance as set forth herein shall also be provided to all children under 18 who are
22eligible under this section and, if a child is dependent pursuant to s. 49.19, the
23relatives enumerated in s. 49.19 with whom the child is living.
AB100-ASA1,846,5
149.47
(4) (ag)
No If a waiver under s. 49.153 (1m) (a) is granted and in effect
2or federal legislation that permits the application of s. 49.153 is enacted, beginning
3on the first day of the 6th month beginning after the date stated in the notice under
4s. 49.153 (1m) (a), no individual is eligible for medical assistance in a month that the
5individual is eligible for health care coverage under s. 49.153.
AB100-ASA1,846,107
49.47
(4) (an)
Paragraph If a waiver under s. 49.153 (1m) (a) is granted and in
8effect or federal legislation that permits the application of s. 49.153 is enacted, par. 9(am) does not apply beginning on the first day of the 6th month beginning after the
10date stated in the notice under s.
49.141 (2) (d)
49.153 (1m) (a).
AB100-ASA1,846,2112
49.47
(4) (c) 2. Whenever an applicant has excess income under subd. 1. or par.
13(am), no certification may be issued until the excess income above the applicable
14limits has been obligated or expended for medical care or for any other type of
15remedial care recognized under state law or for personal health insurance premiums
16or both.
No If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal
17legislation that permits the application of s. 49.153 is enacted, no individual is
18eligible for medical assistance under this subdivision in a month in which the
19individual is eligible for health care coverage under s. 49.153
beginning on first day
20of the 6th month beginning after the date stated in the notice under s. 49.153 (1m)
21(a).
AB100-ASA1,847,323
49.496
(5) Use of funds. From the appropriation under s. 20.435
(1) (5) (im),
24the department shall pay the amount of the payments under sub. (4) that is not paid
25from federal funds, shall pay to the federal government the amount of the funds
1recovered under this section equal to the amount of federal funds used to pay the
2benefits recovered under this section and shall spend the remainder of the funds
3recovered under this section for medical assistance benefits under this subchapter
AB100-ASA1,847,85
49.496
(7) Instalment payments. If a recovery under sub. (3) does not work an
6undue hardship on the heirs of the estate, and if the heirs wish to satisfy the recovery
7claim without selling a nonliquid asset that is subject to recovery, the department
8may establish a reasonable payment schedule subject to reasonable interest.
AB100-ASA1,847,1710
49.498
(16) (g) All forfeitures, penalty assessments and interest, if any, shall
11be paid to the department within 10 days of receipt of notice of assessment or, if the
12forfeiture, penalty assessment and interest, if any, are contested under par. (f),
13within 10 days of receipt of the final decision after exhaustion of administrative
14review, unless the final decision is appealed and the order is stayed by court order
15under sub. (19) (b). The department shall remit all forfeitures paid to the state
16treasurer for deposit in the school fund. The department shall deposit all penalty
17assessments and interest in the appropriation under s. 20.435
(1) (6) (g).
AB100-ASA1,847,23
1949.499 Nursing facility resident protection. (intro.) From the
20appropriation under s. 20.435
(1) (6) (g), the department shall contribute to the
21payment of all of the following, as needed by a resident in a nursing facility, as defined
22in s. 49.498 (1) (i), that is in violation of s. 49.498 or of a rule promulgated under s.
2349.498:
AB100-ASA1,848,2
149.683
(2) Approved costs for medical care under sub. (1) shall be paid from the
2appropriation under s. 20.435
(1) (5) (e).
AB100-ASA1,848,74
49.686
(2) Reimbursement. From the appropriation under s. 20.435
(1) (5) (am),
5the department may reimburse or supplement the reimbursement of the cost of AZT,
6the drug pentamidine and any drug approved for reimbursement under sub. (4) (c)
7for an individual who is eligible under sub. (3).
AB100-ASA1,848,169
49.687
(2) The department shall develop and implement a sliding scale of
10patient liability for kidney disease aid under s. 49.68, cystic fibrosis aid under s.
1149.683 and hemophilia treatment under s. 49.685, based on the patient's ability to
12pay for treatment. To ensure that the needs for treatment of patients with lower
13incomes receive priority within the availability of funds under s. 20.435
(1) (5) (e),
14the department shall revise the sliding scale for patient liability by January 1, 1994,
15and shall, every 3 years thereafter by January 1, review and, if necessary, revise the
16sliding scale.
AB100-ASA1,848,19
1849.775 Payments for the support of children of supplemental security
19income recipients. (1) Definitions. In this section:
AB100-ASA1,848,2020
(a) "Custodial parent" has the meaning given in s. 49.141 (1) (b).
AB100-ASA1,848,2121
(b) "Dependent child" has the meaning given in s. 49.141 (1) (c).
AB100-ASA1,848,25
22(2) Supplemental payments. Subject to sub. (3), from the appropriations under
23s. 20.435 (7) (ed) and (ky), the department shall make a monthly payment of $77 to
24a custodial parent for the support of each dependent child of the custodial parent if
25all of the following conditions are met:
AB100-ASA1,849,2
1(a) The custodial parent is a recipient of supplemental security income under
242 USC 1381 to
1383c or of state supplemental payments under s. 49.77, or both.
AB100-ASA1,849,53
(b) If the dependent child has 2 custodial parents, each custodial parent
4receives supplemental security income under
42 USC 1381 to
1383c or state
5supplemental payments under s. 49.77, or both.
AB100-ASA1,849,96
(c) The dependent child of the custodian parent meets the eligibility criteria
7under the aid to families with dependent children program under s. 49.19 (1) to (19)
8or would meet the eligibility criteria under s. 49.19 but for the application of s. 49.19
9(20).
AB100-ASA1,849,1110
(d) The dependent child does not receive supplemental security income under
1142 USC 1381 to
1383d.
AB100-ASA1,849,1212
(e) The custodial parent meets any of the following conditions:
AB100-ASA1,849,1513
1. The custodial parent is ineligible for aid under s. 49.19 solely because he or
14she receives supplemental security income under
42 USC 1381 to
1383c or state
15supplemental payments under s. 49.77.
AB100-ASA1,849,1816
2. The custodial parent is ineligible for a Wisconsin works employment
17position, as defined under s. 49.141 (1) (r), solely because of the application of s.
1849.145 (2) (i).
AB100-ASA1,849,21
19(3) Two-parent families. In the case of a dependent child who has 2 custodial
20parents, the department may not make more than one $77 payment per month for
21the support of that dependent child.
AB100-ASA1,850,1024
49.855
(1) If a person obligated to provide child support
, family support or
25maintenance is delinquent in making court-ordered payments, or owes an
1outstanding amount that has been ordered by the court for past support, medical
2expenses or birth expenses,
the clerk of circuit court or county support collection
3designee under s. 59.53 (5m), whichever is appropriate, upon application
of the
4county designee under s. 59.53 (5)
or the department of workforce development
, shall
5certify the delinquent payment or outstanding amount to the department of
6workforce development. (2) At least annually, the department of workforce
7development revenue and, at least annually, shall provide to the department of
8revenue
the certifications that it receives under sub. (1) and any certifications of
9delinquencies or outstanding amounts that it receives from another state because
10the obligor resides in this state.
AB100-ASA1,851,712
49.855
(3) Receipt of a certification by the department of revenue shall
13constitute a lien, equal to the amount certified, on any state tax refunds or credits
14owed to the obligor. The lien shall be foreclosed by the department of revenue as a
15setoff under s. 71.93 (3), (6) and (7). When the department of revenue determines
16that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
17obligor that the state intends to reduce any state tax refund or credit due the obligor
18by the amount the obligor is delinquent under the support or maintenance order, by
19the outstanding amount for past support, medical expenses or birth expenses under
20the court order or by the amount due under s. 46.10 (4). The notice shall provide that
21within 20 days the obligor may request a hearing before the circuit court rendering
22the order. Within 10 days after receiving a request for hearing under this subsection,
23the court shall set the matter for hearing. Pending further order by the court or
24family court commissioner, the clerk of circuit court or county support collection
25designee under s.
59.07 (97m) 59.53 (5m) is prohibited from disbursing the obligor's
1state tax refund or credit. The family court commissioner may conduct the hearing.
2The sole issues at that hearing shall be whether the obligor owes the amount certified
3and, if not and it is a support or maintenance order, whether the money withheld
4from a tax refund or credit shall be paid to the obligor or held for future support or
5maintenance. An obligor may, within 20 days of receiving notice that the amount
6certified shall be withheld from his or her federal tax refund or credit, request a
7hearing under this subsection.
AB100-ASA1, s. 1992m
8Section 1992m. 49.855 (3) of the statutes, as affected by 1997 Wisconsin Act
9.... (this act), is amended to read:
AB100-ASA1,852,610
49.855
(3) Receipt of a certification by the department of revenue shall
11constitute a lien, equal to the amount certified, on any state tax refunds or credits
12owed to the obligor. The lien shall be foreclosed by the department of revenue as a
13setoff under s. 71.93 (3), (6) and (7). When the department of revenue determines
14that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
15obligor that the state intends to reduce any state tax refund or credit due the obligor
16by the amount the obligor is delinquent under the support or maintenance order, by
17the outstanding amount for past support, medical expenses or birth expenses under
18the court order or by the amount due under s. 46.10 (4). The notice shall provide that
19within 20 days the obligor may request a hearing before the circuit court rendering
20the order. Within 10 days after receiving a request for hearing under this subsection,
21the court shall set the matter for hearing. Pending further order by the court or
22family court commissioner, the
clerk of circuit court or county support collection
23designee under s. 59.53 (5m) department of workforce development or its designee,
24whichever is appropriate, is prohibited from disbursing the obligor's state tax refund
25or credit. The family court commissioner may conduct the hearing. The sole issues
1at that hearing shall be whether the obligor owes the amount certified and, if not and
2it is a support or maintenance order, whether the money withheld from a tax refund
3or credit shall be paid to the obligor or held for future support or maintenance. An
4obligor may, within 20 days of receiving notice that the amount certified shall be
5withheld from his or her federal tax refund or credit, request a hearing under this
6subsection.
AB100-ASA1,852,259
49.855
(4) The department of revenue shall send that portion of any state or
10federal tax refunds or credits withheld for delinquent child support or maintenance
11or past support, medical expenses or birth expenses to the department of workforce
12development
or its designee for distribution to the
appropriate clerk of circuit court
13or county support collection designee under s. 59.53 (5m) obligee. The department
14of workforce development shall make a settlement at least annually with the
15department of revenue
and with each clerk of circuit court or county support
16collection designee under s. 59.53 (5m) who has certified a delinquent obligation or
17outstanding amount for past support, medical expenses or birth expenses. The
18settlement shall state the amounts certified, the amounts deducted from tax refunds
19and credits
and returned to the clerk of circuit court or county support collection
20designee under s. 59.53 (5m) and the administrative costs incurred by the
21department of revenue.
The department of workforce development may charge the
22county whose clerk of circuit court or support collection designee under s. 59.53 (5m)
23certified the obligation or outstanding amount the related administrative costs
24incurred by the department of workforce development and the department of
25revenue.
AB100-ASA1,853,252
49.855
(4m) (b) The department of revenue may provide a certification that it
3receives under sub. (2) or (2m) to the department of administration. Upon receipt
4of the certification, the department of administration shall determine whether the
5obligor is a vendor or is receiving any other payments from this state, except for
6wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1),
7this chapter or ch. 46 or 108.If the department of administration determines that the
8obligor is a vendor or is receiving payments from this state, except for wages,
9retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this
10chapter or ch. 46 or 108, it shall begin to withhold the amount certified from those
11payments and shall notify the obligor that the state intends to reduce any payments
12due the obligor by the amount the obligor is delinquent under the support or
13maintenance order, by the outstanding amount for past support, medical expenses
14or birth expenses under the court order or by the amount due under s. 46.10 (4). The
15notice shall provide that within 20 days after receipt of the notice the obligor may
16request a hearing before the circuit court rendering the order. An obligor may, within
1720 days after receiving notice, request a hearing under this paragraph. Within 10
18days after receiving a request for hearing under this paragraph, the court shall set
19the matter for hearing. The family court commissioner may conduct the hearing.
20Pending further order by the court or family court commissioner, the clerk of circuit
21court or county support collection designee under s.
59.07 (97m) 59.53 (5m) may not
22disburse the payments withheld from the obligor. The sole issues at the hearing are
23whether the obligor owes the amount certified and, if not and it is a support or
24maintenance order, whether the money withheld shall be paid to the obligor or held
25for future support or maintenance.
AB100-ASA1, s. 1995m
1Section 1995m. 49.855 (4m) (b) of the statutes, as affected by 1997 Wisconsin
2Act .... (this act), is amended to read:
AB100-ASA1,855,23
49.855
(4m) (b) The department of revenue may provide a certification that it
4receives under sub.
(2) (1) or (2m) to the department of administration. Upon receipt
5of the certification, the department of administration shall determine whether the
6obligor is a vendor or is receiving any other payments from this state, except for
7wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1),
8this chapter or ch. 46 or 108.If the department of administration determines that the
9obligor is a vendor or is receiving payments from this state, except for wages,
10retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this
11chapter or ch. 46 or 108, it shall begin to withhold the amount certified from those
12payments and shall notify the obligor that the state intends to reduce any payments
13due the obligor by the amount the obligor is delinquent under the support or
14maintenance order, by the outstanding amount for past support, medical expenses
15or birth expenses under the court order or by the amount due under s. 46.10 (4). The
16notice shall provide that within 20 days after receipt of the notice the obligor may
17request a hearing before the circuit court rendering the order. An obligor may, within
1820 days after receiving notice, request a hearing under this paragraph. Within 10
19days after receiving a request for hearing under this paragraph, the court shall set
20the matter for hearing. The family court commissioner may conduct the hearing.
21Pending further order by the court or family court commissioner, the
clerk of circuit
22court or county support collection designee under s. 59.53 (5m)
department of
23workforce development or its designee, whichever is appropriate, may not disburse
24the payments withheld from the obligor. The sole issues at the hearing are whether
25the obligor owes the amount certified and, if not and it is a support or maintenance
1order, whether the money withheld shall be paid to the obligor or held for future
2support or maintenance.
AB100-ASA1,855,145
49.855
(4m) (c) Except as provided by order of the court after hearing under
6par. (b), the department of administration shall continue withholding until the
7amount certified is recovered in full. The department of administration shall
8transfer the amounts withheld under this paragraph to the department of workforce
9development
for distribution to the appropriate clerk of court, county support
10collection designee under s. 59.53 (5m) or its designee or department of health and
11family services, whichever is appropriate
. The department of workforce
12development or its designee shall distribute amounts withheld for delinquent child
13or family support or maintenance or past support, medical expenses or birth
14expenses to the obligee.
AB100-ASA1,855,2517
49.855
(5) Certification of an obligation to the department of
workforce
18development revenue does not deprive any party of the right to collect the obligation
19or to prosecute the obligor. The
clerk of court or county support collection designee
20under s. 59.53 (5m), whichever is appropriate, department of workforce development
21or its designee shall immediately notify the department of
workforce development 22revenue of any collection of an obligation that has been certified
by the clerk of court
23or county support collection designee under s. 59.53 (5m). The department of
24workforce development shall correct the certified obligation according to the amount
25the county has collected and report the correction to the department of revenue.
AB100-ASA1,856,42
49.855
(6) If the state implements the child and spousal support and paternity
3program under
s. ss. 49.22 and 59.53 (5), the state may act under this section in place
4of the county
designee child support agency under s.
59.07 (97) 59.53 (5).
AB100-ASA1,856,127
49.855
(7) The department of workforce development may provide a
8certification under sub. (1) to a state agency or authority under s. 21.49 (2) (e), 36.11
9(6) (b), 36.25 (14), 36.34 (1), 39.30 (2) (e), 39.38 (2), 39.435 (6), 39.44 (4), 39.47 (2m),
1045.351 (2) (c), 45.356 (6), 45.396 (6), 45.74 (6), 145.245 (5m) (b), 234.04 (2), 234.49 (1)
11(c), 234.59 (3) (c), 234.65 (3) (f),
234.83 (2) (a) 3., 234.90 (3) (d) or (3g) (c), 234.905 (3)
12(d), 281.65 (8) (L) or 949.08 (2) (g).
AB100-ASA1,856,2315
49.90
(2g) In addition to the remedy specified in sub. (2), upon failure of a
16grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who
17is or may be required to provide maintenance under sub. (1) (a) 2., a child of a
18dependent minor or the child's parent may apply to the circuit court for the county
19in which the child resides for an order to compel the provision of maintenance. A
20county department under s. 46.215, 46.22 or 46.23, a county child support agency
21under s. 59.53 (5) or the department of workforce development may initiate an action
22to obtain maintenance of the child by the child's grandparent under sub. (1) (a) 2.,
23regardless of whether the child receives public assistance.