Amendment AA8-ASA1-AB100

AB100-ASA1-AA8,156,7 49.19 (11s) (d) From the appropriation under s. 20.435 (4) 20.445 (3) (a), the department may award grants to county departments under ss. 46.215, 46.22 and 46.23 for providing family planning education services relating to family planning, as defined in s. 253.07 (1) (a), to persons who are subject to par. (b).".

AB100-ASA1-AA8,156,8 708. Page 809, line 15: after that line insert:

AB100-ASA1-AA8,156,9 " Section 1866v. 49.195 (1) of the statutes is amended to read:

AB100-ASA1-AA8,157,15 49.195 (1) If any parent at the time of receiving aid under s. 49.19 or a benefit under s. 49.148, 49.153, 49.155 or 49.157 or at any time thereafter acquires property by gift, inheritance, sale of assets, court judgment or settlement of any damage claim, or by winning a lottery or prize, the county granting such aid, or the Wisconsin works agency granting such a benefit, may sue the parent on behalf of the department to recover the value of that portion of the aid or of the benefit which does not exceed the amount of the property so acquired. The value of the aid or benefit liable for recovery under this section may not include the value of work performed by a member of the family in a community work experience program under s. 46.215 (1) (o), 1991 stats., s. 46.22 (1) (b) 11., 1991 stats., or s. 49.50 (7j) (d), 1991 stats., or in a community work experience component under s. 49.193 (6). During the life of the parent, the 10-year statute of limitations may be pleaded in defense against any suit for recovery under this section; and if such property is his or her homestead it shall be exempt from execution on the judgment of recovery until his or her death or sale of the property, whichever occurs first. Notwithstanding the foregoing restrictions and limitations, where the aid or benefit recipient is deceased a claim may be filed against any property in his or her estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable. The court may refuse to render judgment or allow the claim in any case where a parent, spouse or child is dependent on the property for support, and the court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records of aid or benefits paid kept by the county, by the department or by the Wisconsin works agency are prima facie evidence of the value of the aid or benefits furnished. Liability under this section shall extend to any parent or stepparent whose family receives aid under s. 49.19 or benefits under s. 49.148, 49.155 or 49.157 during the period that he or she is a member of the same household, but his or her liability is limited to such period. This section does not apply to medical and health assistance payments for which recovery is prohibited or restricted by federal law or regulation.

AB100-ASA1-AA8, s. 1866x Section 1866x. 49.195 (3) of the statutes is amended to read:

AB100-ASA1-AA8,157,20 49.195 (3) Notwithstanding s. 49.96, the department shall promptly recover all overpayments made under s. 49.19, 49.148, 49.153, 49.155 or 49.157 and shall promulgate rules establishing policies and procedures to administer this subsection.".

AB100-ASA1-AA8,157,21 709. Page 811, line 16: after that line insert:

AB100-ASA1-AA8,157,22 " Section 1878p. 49.22 (6) of the statutes is amended to read:

AB100-ASA1-AA8,158,6 49.22 (6) The department shall establish, pursuant to federal and state laws, rules and regulations, a uniform system of fees for services provided under this section to individuals not receiving aid under s. 46.261, 49.19 or 49.47 or benefits under s. 49.148, 49.153 or 49.155 and to individuals not receiving kinship care payments under s. 48.57 (3m). The system of fees may take into account an individual's ability to pay. Any fee paid and collected under this subsection may be retained by the county providing the service except for the fee specified in 42 USC 653 (e) (2) for federal parent locator services.".

AB100-ASA1-AA8,158,7 710. Page 812, line 18: after that line insert:

AB100-ASA1-AA8,158,8 " Section 1882m. 49.24 of the statutes is created to read:

AB100-ASA1-AA8,158,13 49.24 Child support incentive payments. (1) From the appropriation under s. 20.445 (3) (g), the department shall provide child support incentive payments to counties to offset reduced federal child support incentive payments. Total payments under this subsection may not exceed $3,178,000 in fiscal year 1997-98 or $3,850,000 in fiscal year 1998-99.

AB100-ASA1-AA8,158,17 (2) The department shall distribute the payments under sub. (1) in accordance with a formula developed by the department in consultation with representatives of counties. The total of payments made to counties under sub. (1) and in federal child support incentive payments may not exceed $10,500,000 in a state fiscal year.

AB100-ASA1-AA8,158,19 (3) A county that receives payment under sub. (1) may use the funds only to pay costs under its child support program under s. 49.22.

AB100-ASA1-AA8, s. 1882n Section 1882n. 49.24 (1) of the statutes, as created by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1-AA8,159,2 49.24 (1) From the appropriation under s. 20.445 (3) (g) (k), the department shall provide child support incentive payments to counties to offset reduced federal child support incentive payments. Total payments under this subsection may not exceed $3,178,000 in fiscal year 1997-98 or $3,850,000 in fiscal year 1998-99.".

AB100-ASA1-AA8,159,3 711. Page 812, line 18: after that line insert:

AB100-ASA1-AA8,159,4 " Section 1883m. 49.25 (7) (a) of the statutes is amended to read:

AB100-ASA1-AA8,159,11 49.25 (7) (a) The department shall contract with the county department under s. 46.215, 46.22 or 46.23 to provide education on parenting, human growth and development, family planning, as defined in s. 253.07 (1) (a), and independent living skills and to provide employment-related training to persons subject to the program under this section and to persons subject to orders under s. 767.078 (1) (d). The county department may contract with other agencies for the provision of these services.".

AB100-ASA1-AA8,159,12 712. Page 812, line 22: after that line insert:

AB100-ASA1-AA8,159,13 " Section 1884f. 49.26 (1) (c) of the statutes is amended to read:

AB100-ASA1-AA8,159,16 49.26 (1) (c) A county department or Wisconsin works agency may provide services under this subsection directly or may contract with a nonprofit agency or a school district to provide the services.

AB100-ASA1-AA8, s. 1884g Section 1884g. 49.26 (1) (d) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

AB100-ASA1-AA8,160,3 49.26 (1) (d) A county department or Wisconsin works agency that provides services under this subsection directly shall develop a plan, in coordination with the school districts located in whole or in part in the county, describing the assistance that the county department or Wisconsin works agency and school districts will provide to individuals receiving services under this subsection, the number of individuals that will be served and the estimated cost of the services. The county department or Wisconsin works agency shall submit the plan to the department of workforce development and the department of public instruction by August January 15, annually.".

AB100-ASA1-AA8,160,4 713. Page 813, line 13: after that line insert:

AB100-ASA1-AA8,160,6 " Section 1887d. 49.26 (1) (ge) (intro.) and 1. of the statutes are consolidated, renumbered 49.26 (1) (ge) and amended to read:

AB100-ASA1-AA8,160,11 49.26 (1) (ge) An individual who is subject to this paragraph fails to meet the school attendance requirement if the individual meets at least one of the following conditions: 1. The individual is either is not enrolled in school or is a habitual truant was not enrolled in the immediately preceding semester. The Wisconsin works agency or county department shall verify enrollment.

AB100-ASA1-AA8, s. 1887dc Section 1887dc. 49.26 (1) (ge) 2. of the statutes is repealed.

AB100-ASA1-AA8, s. 1887df Section 1887df. 49.26 (1) (gm) of the statutes is repealed and recreated to read:

AB100-ASA1-AA8,160,17 49.26 (1) (gm) 1. The following individuals who are subject to the school attendance requirement under the learnfare program are required to participate in case management under sub. (2) (b):

AB100-ASA1-AA8,160,18 a. Minor parents.

AB100-ASA1-AA8,160,19 b. Habitual truants.

AB100-ASA1-AA8,160,22 c. Dropouts, as defined in s. 118.153 (1) (b), including individuals who were dropouts and reenrolled in school in the same or immediately succeeding semester in which they dropped out of school.

AB100-ASA1-AA8,161,3 2. The department may, in accordance with rules promulgated by the department, sanction any individual specified under subd. 1. who fails to cooperate with case management efforts.

AB100-ASA1-AA8, s. 1887dh Section 1887dh. 49.26 (1) (h) 1. (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,161,8 49.26 (1) (h) 1. (intro.) An individual who is 6 to 12 years of age and who fails to meet the school attendance requirement under par. (ge) cooperate with case management efforts under par. (gm) is subject to sanctions as provided under subd. 1s. only if all of the following apply:

AB100-ASA1-AA8, s. 1887dj Section 1887dj. 49.26 (1) (h) 1. a. of the statutes is repealed.

AB100-ASA1-AA8, s. 1887dk Section 1887dk. 49.26 (1) (h) 1. am. of the statutes is repealed.".

AB100-ASA1-AA8,161,12 714. Page 813, line 16: delete "the absences or nonenrollment under subd." and substitute "the absences or nonenrollment under subd.".

AB100-ASA1-AA8,161,14 715. Page 813, line 17: delete "1. am." and substitute "1. am. not cooperating with case management efforts".

AB100-ASA1-AA8,161,16 716. Page 813, line 22: delete the material beginning with that line and ending with page 814, line 22 and substitute:

AB100-ASA1-AA8,161,17 " Section 1888g. 49.26 (1) (h) 1m. of the statutes is repealed.

AB100-ASA1-AA8, s. 1888gm Section 1888gm. 49.26 (1) (i) of the statutes is repealed.

AB100-ASA1-AA8, s. 1889c Section 1889c. 49.26 (2) (b) of the statutes is amended to read:

AB100-ASA1-AA8,162,9 49.26 (2) (b) From the appropriation under s. 20.445 (3) (dg), the department shall allocate funds to county County departments for the provision of or Wisconsin works agencies shall provide case management services to individuals who are subject to the school attendance requirement under the learnfare program under sub. (1) and their families to improve the school attendance and achievement of those individuals. At least 75% of the funds that the department allocates under this paragraph to provide case management services to individuals who are 13 to 19 years of age shall be allocated to a county department of a county with a population of 500,000 or more. A county department is eligible to receive funds under this subsection to provide case management services to individuals who are 13 to 19 years of age in a year if 35 or more individuals, 13 to 19 years of age, residing in the county were sanctioned under sub. (1) (h) or were subject to the monthly attendance requirement under s. HSS 201.195 (4) (b) 2., Wis. adm. code, in any month during the previous year.".

AB100-ASA1-AA8,162,18 717. Page 824, line 18: delete lines 18 to 24 and substitute "implement standards which are reasonable and adequate to meet the costs which must be incurred by efficiently and economically operated facilities in order to provide care in conformity with this section, with federal regulations authorized under 42 USC 1396a (a) (13) (A), 1396a (a) (30), 1396b (i) (3), 1396L and 1396r (e) and with quality and safety standards established under subch. II of ch. 50 and ch. 150. In administering this payment system, the department shall allow costs it determines that are necessary and proper for providing patient care and that meet quality and safety standards established under subch. II of ch. 50 and ch. 150. The payment".

AB100-ASA1-AA8,162,19 718. Page 824, line 25: after that line insert:

AB100-ASA1-AA8,162,20 " Section 1919g. 49.45 (6m) (ag) 2. of the statutes is amended to read:

AB100-ASA1-AA8,162,24 49.45 (6m) (ag) 2. Standards established by the department for costs of economically and efficiently operated facilities that shall be based upon allowable costs incurred by facilities in the state as available from information submitted under par. (c) 3. and compiled by the department.".

AB100-ASA1-AA8,163,1 719. Page 825, line 19: delete "$25,077,700" and substitute "$30,145,200".

AB100-ASA1-AA8,163,3 720. Page 826, line 22: after "apply" insert "with respect to the delicensure of beds between July 1, 1997, and October 1, 1997,".

AB100-ASA1-AA8,163,4 721. Page 826, line 23: delete "1996" and substitute "1997".

AB100-ASA1-AA8,163,5 722. Page 827, line 7: substitute "2." for "2".

AB100-ASA1-AA8,163,6 723. Page 827, line 9: delete lines 9 to 15 and substitute:

AB100-ASA1-AA8,163,12 "6. If subd. 4. b. applies and the nursing home later resumes licensure of a bed that was delicensed between the effective date of this subdivision .... [revisor inserts date], and the date that is 60 days after the effective date of this subdivision .... [revisor inserts date], the department shall calculate the costs per patient day using the methodology specified in the state plan that is in place at the time that the delicensed beds are resumed.".

AB100-ASA1-AA8,163,14 724. Page 829, line 12: delete "county homes" and substitute "certain facilities".

AB100-ASA1-AA8,163,15 725. Page 829, line 15: delete "or that is" and substitute "or that is".

AB100-ASA1-AA8,163,17 726. Page 829, line 16: delete "owned and operated by a city, village or town" and substitute "owned and operated by a city, village or town".

AB100-ASA1-AA8,163,18 727. Page 830, line 22: after that line insert:

AB100-ASA1-AA8,163,19 " Section 1932m. 49.45 (6v) of the statutes is created to read:

AB100-ASA1-AA8,163,21 49.45 (6v) (a) In this subsection, "facility" has the meaning given in sub. (6m) (a) 3.

AB100-ASA1-AA8,164,2 (b) The department shall, by December 1 of each year, submit to the joint committee on finance a report that provides information on the utilization of beds by recipients of medical assistance in facilities for the immediate prior 2 consecutive fiscal years.

AB100-ASA1-AA8,164,7 (c) If the report specified in par. (b) indicates that utilization of beds by recipients of medical assistance in facilities decreased during the most recently completed fiscal year from the utilization of beds by recipients of medical assistance in facilities in the next most recently completed fiscal year, the department shall do all of the following:

AB100-ASA1-AA8,164,12 1. Multiply the difference between the number of days of care provided in the facilities in each of the immediate prior 2 consecutive fiscal years by the average daily costs of care in such facilities. The average daily costs of care shall be calculated by dividing the total medical assistance expenditures for care in facilities by the total number of days of care provided in facilities in that fiscal year.

AB100-ASA1-AA8,164,15 2. For new placements under ss. 46.275, 46.277 and 46.278 in the most recently completed fiscal year, multiply the number of days of service under ss. 46.275, 46.277 and 46.278 by the rate paid by the department for those placements.

AB100-ASA1-AA8,164,17 3. Subtract the product calculated under subd. 2. from the product calculated under subd. 1.

AB100-ASA1-AA8,164,19 4. Multiply the difference in subd. 3. by the amount paid by the department for the state's share of the costs of care.

AB100-ASA1-AA8,165,2 (d) If par. (c) applies, the department's report under par. (b) shall include a proposal to transfer the amount calculated under par. (c) 4. from the appropriation under s. 20.435 (5) (b) to the appropriation under s. 20.435 (7) (bd) for the purpose of increasing funding for the community options program under s. 46.27. The secretary shall transfer the amount identified under the proposal if within 14 working days after the submission of the proposal the joint committee on finance does not schedule a meeting for the purpose of reviewing the proposed action.

AB100-ASA1-AA8,165,4 (e) The joint committee on finance may approve or modify any proposal submitted by the department under this subsection.".

AB100-ASA1-AA8,165,5 728. Page 834, line 8: after that line insert:

AB100-ASA1-AA8,165,6 " Section 1942e. 49.45 (18) (b) 5. of the statutes is amended to read:

AB100-ASA1-AA8,165,7 49.45 (18) (b) 5. Family planning services, as defined in s. 253.07 (1) (b).".

AB100-ASA1-AA8,165,8 729. Page 835, line 23: after "services" insert ", as defined in s. 253.07 (1) (b),".

AB100-ASA1-AA8,165,9 730. Page 839, line 1: delete lines 1 to 14 and substitute:

AB100-ASA1-AA8,165,14 "49.46 (1) (a) 1. Any person included in the grant of aid to families with dependent children and any person who does not receive such aid solely because of the application of s. 49.19 (11) (a) 7. This subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

AB100-ASA1-AA8, s. 1950b Section 1950b. 49.46 (1) (a) 1m. of the statutes is amended to read:

AB100-ASA1-AA8,165,20 49.46 (1) (a) 1m. Any pregnant woman who meets the resource and income limits under s. 49.19 (4) (bm) and (es) and whose pregnancy is medically verified. Eligibility continues to the last day of the month in which the 60th day after the last day of the pregnancy falls. This subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).".

AB100-ASA1-AA8,165,22 731. Page 839, line 18: delete the material beginning with that line and ending with page 841, line 13, and substitute:

AB100-ASA1-AA8,166,3 "49.46 (1) (a) 6. Any person not described in pars. (c) to (e) who is considered, under federal law, to be receiving aid to families with dependent children for the purpose of determining eligibility for medical assistance. This subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

AB100-ASA1-AA8, s. 1953b Section 1953b. 49.46 (1) (a) 9. of the statutes is amended to read:

AB100-ASA1-AA8,166,8 49.46 (1) (a) 9. Any pregnant woman not described under subd. 1. or 1m. whose family income does not exceed 133% of the poverty line for a family the size of the woman's family. This subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

AB100-ASA1-AA8, s. 1954d Section 1954d. 49.46 (1) (a) 10. of the statutes is amended to read:

AB100-ASA1-AA8,166,14 49.46 (1) (a) 10. Any child not described under subd. 1. who is under 6 years of age and whose family income does not exceed 133% of the poverty line for a family the size of the child's family. This subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

AB100-ASA1-AA8, s. 1955d Section 1955d. 49.46 (1) (a) 11. of the statutes is amended to read:

AB100-ASA1-AA8,166,25 49.46 (1) (a) 11. Any If a waiver under s. 49.665 is granted and in effect, any child not described under subd. 1. who was born after September 30, 1983, who has attained the age of 6 but has not attained the age of 19 and whose family income does not exceed 100% of the poverty line for a family the size of the child's family. This subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) If a waiver under s. 49.665 is not granted or in effect, any child not described in subd. 1. who was born after September 30,1983, who has attained the age of 6 but has not attained the age of 19 and whose family income does not exceed 100% of the poverty line for a family the size of the child's family.

AB100-ASA1-AA8, s. 1956b Section 1956b. 49.46 (1) (a) 12. of the statutes is amended to read:

AB100-ASA1-AA8,167,5 49.46 (1) (a) 12. Any child not described under subd. 1. who is under 19 years of age and who meets the resource and income limits under s. 49.19 (4). This subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).

AB100-ASA1-AA8, s. 1957b Section 1957b. 49.46 (1) (a) 13. of the statutes is amended to read:

AB100-ASA1-AA8,167,10 49.46 (1) (a) 13. Any child who is under one year of age, whose mother was determined to be eligible under subd. 9. and who lives with his or her mother. This subdivision does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).".