AB133-SSA1,698,53 2. The department may refund or credit any amount left after the applications
4under subd. 1., upon submission of a claim for that amount and satisfactory proof of
5the claim, to the person entitled to that amount.
AB133-SSA1,698,86 (h) The department may release the levy upon all or part of property levied
7upon to facilitate the collection of the liability or to grant relief from a wrongful levy,
8but that release does not prevent any later levy.
AB133-SSA1,698,119 (j) If the department determines that property has been wrongfully levied
10upon, the department may return the property at any time, or may return an amount
11of money equal to the amount of money levied upon.
AB133-SSA1,698,1612 (k) Any person who removes, deposits or conceals or aids in removing,
13depositing or concealing any property upon which a levy is authorized under this
14subsection with intent to evade or defeat the assessment or collection of any debt may
15be fined not more than $5,000 or imprisoned for not more than 3 years or both, and
16shall be liable to the state for the costs of prosecution.
AB133-SSA1,699,417 (L) If no appeal or other proceeding for review permitted by law is pending and
18the time for taking an appeal or petitioning for review has expired, the department
19shall make a demand to the debtor for payment of the debt which is subject to levy
20and give notice that the department may pursue legal action for collection of the debt
21against the debtor. The department shall make the demand for payment and give
22the notice at least 10 days prior to the levy, personally or by any type of mail service
23which requires a signature of acceptance, at the address of the debtor as it appears
24on the records of the department. The demand for payment and notice shall include
25a statement of the amount of the debt, including interest and penalties, and the name

1of the debtor who is liable for the debt. The debtor's refusal or failure to accept or
2receive the notice does not prevent the department from making the levy. Notice
3prior to levy is not required for a subsequent levy on any debt of the same debtor
4within one year of the date of service of the original levy.
AB133-SSA1,699,75 (m) 1. The department shall serve the levy upon the debtor and 3rd party by
6personal service or by any type of mail service which requires a signature of
7acceptance.
AB133-SSA1,699,148 2. Personal service shall be made upon an individual, other than a minor or
9incapacitated person, by delivering a copy of the levy to the debtor or 3rd party
10personally; by leaving a copy of the levy at the debtor's dwelling or usual place of
11abode with some person of suitable age and discretion residing there; by leaving a
12copy of the levy at the business establishment with an officer or employe of the
13establishment; or by delivering a copy of the levy to an agent authorized by law to
14receive service of process.
AB133-SSA1,699,1815 3. The department representative who serves the levy shall certify service of
16process on the notice of levy form and the person served shall acknowledge receipt
17of the certification by signing and dating it. If service is made by mail, the return
18receipt is the certificate of service of the levy.
AB133-SSA1,699,2019 4. The debtor's or 3rd party's failure to accept or receive service of the levy does
20not invalidate the levy.
AB133-SSA1,699,2521 (n) Within 20 days after the service of the levy upon a 3rd party, the 3rd party
22shall file an answer with the department stating whether the 3rd party is in
23possession of or obligated with respect to property or rights to property of the debtor,
24including a description of the property or the rights to property and the nature and
25dollar amount of any such obligation.
AB133-SSA1,700,3
1(p) A levy is effective from the date on which the levy is first served on the 3rd
2party until the liability out of which the levy arose is satisfied, until the levy is
3released or until one year from the date of service, whichever occurs first.
AB133-SSA1,700,54 (q) 1. The debtor is entitled to an exemption from levy of the greater of the
5following:
AB133-SSA1,700,76 a. A subsistence allowance of 75% of the debtor's disposable earnings then due
7and owing.
AB133-SSA1,700,128 b. An amount equal to 30 times the federal minimum hourly wage for each full
9week of the debtor's pay period; or, in the case of earnings for a period other than a
10week, a subsistence allowance computed so that it is equivalent to that amount using
11a multiple of the federal minimum hourly wage prescribed by the department by
12rule.
AB133-SSA1,700,1413 2. The first $1,000 of an account in a depository institution is exempt from any
14levy to recover a benefit overpayment.
AB133-SSA1,700,1915 (r) No employer may discharge or otherwise discriminate with respect to the
16terms and conditions of employment against any employe by reason of the fact that
17his or her earnings have been subject to levy for any one levy or because of compliance
18with any provision of this subsection. Any person who violates this paragraph may
19be fined not more than $1,000 or imprisoned for not more than one year or both.
AB133-SSA1,700,2420 (s) Any debtor who is subject to a levy proceeding made by the department has
21the right to appeal the levy proceeding under ch. 227.44. The appeal is limited to
22questions of prior payment of the debt that the department is proceeding against,
23and mistaken identity of the debtor. The levy is not stayed pending an appeal in any
24case where property is secured through the levy.
AB133-SSA1,701,3
1(t) Any 3rd party is entitled to a levy fee of $5 for each levy in any case where
2property is secured through the levy. The 3rd party shall deduct the fee from the
3proceeds of the levy.
AB133-SSA1, s. 1343 4Section 1343. 49.195 (3n) (k) of the statutes, as created by 1999 Wisconsin Act
5.... (this act), is amended to read:
AB133-SSA1,701,116 49.195 (3n) (k) Any person who removes, deposits or conceals or aids in
7removing, depositing or concealing any property upon which a levy is authorized
8under this subsection with intent to evade or defeat the assessment or collection of
9any debt may be fined not more than $5,000 or imprisoned for not more than 3 years
104 years and 6 months or both, and shall be liable to the state for the costs of
11prosecution.
AB133-SSA1, s. 1344 12Section 1344. 49.195 (3n) (r) of the statutes, as created by 1999 Wisconsin Act
13.... (this act), is amended to read:
AB133-SSA1,701,1914 49.195 (3n) (r) No employer may discharge or otherwise discriminate with
15respect to the terms and conditions of employment against any employe by reason
16of the fact that his or her earnings have been subject to levy for any one levy or
17because of compliance with any provision of this subsection. Any person who violates
18this paragraph may be fined not more than $1,000 or imprisoned for not more than
19one year 2 years or both.
AB133-SSA1, s. 1345 20Section 1345. 49.195 (3p) of the statutes is created to read:
AB133-SSA1,701,2221 49.195 (3p) The availability of the remedies under subs. (3m) and (3n) does not
22abridge the right of the department to pursue other remedies.
AB133-SSA1, s. 1346 23Section 1346. 49.195 (3r) of the statutes is created to read:
AB133-SSA1,702,224 49.195 (3r) From the appropriation under s. 20.445 (3) (L) the department may
25contract with or employ a collection agency or other person to enforce a repayment

1obligation of a person who is found liable under sub. (3) who is delinquent in making
2repayments.
AB133-SSA1, s. 1347 3Section 1347. 49.20 of the statutes is repealed.
AB133-SSA1, s. 1348 4Section 1348. 49.21 of the statutes is repealed.
AB133-SSA1, s. 1350m 5Section 1350m. 49.23 of the statutes is repealed.
AB133-SSA1, s. 1352 6Section 1352. 49.24 (1) of the statutes, as affected by 1997 Wisconsin Act 27,
7section 1882n, is amended to read:
AB133-SSA1,702,128 49.24 (1) From the appropriation under s. 20.445 (3) (k), the department shall
9provide child support incentive payments to counties to offset reduced federal child
10support incentive payments
. Total payments under this subsection may not exceed
11$3,178,000 in fiscal year 1997-98 or $3,850,000 in fiscal year 1998-99 $5,690,000 per
12year
.
AB133-SSA1, s. 1352f 13Section 1352f. 49.24 (2) of the statutes is renumbered 49.24 (2) (a) and
14amended to read:
AB133-SSA1,702,2115 49.24 (2) (a) The department shall distribute the payments under sub. (1) in
16accordance with a formula developed by the department
, in consultation with
17representatives of counties, promulgate a rule that specifies the formula according
18to which the payments under sub. (1) and federal child support incentive payments
19will be distributed to counties. The rule shall provide that the total of state and
20federal incentive payments per year to a county may not exceed the costs per year
21of the county's child support program under s. 49.22
.
AB133-SSA1,702,24 22(b) The total of payments made to counties under sub. (1) and in federal child
23support incentive payments may not exceed $10,500,000 in a state fiscal $12,340,000
24per
year.
AB133-SSA1, s. 1352g 25Section 1352g. 49.24 (3) of the statutes is amended to read:
AB133-SSA1,703,3
149.24 (3) A county that receives any state child support incentive payment
2under sub. (1) or any federal child support incentive payment may use the funds only
3to pay costs under its child support program under s. 49.22.
AB133-SSA1, s. 1353 4Section 1353. 49.25 of the statutes is repealed.
AB133-SSA1, s. 1354 5Section 1354. 49.26 (1) (h) 1. as. of the statutes is amended to read:
AB133-SSA1,703,116 49.26 (1) (h) 1. as. The individual has failed to request a hearing or has failed
7to show good cause for not cooperating with case management efforts in a hearing.
8If the individual is a recipient of aid under s. 49.19, the hearing shall be requested
9and held under s. 49.21 (1). If the individual is a member of a Wisconsin works group,
10as defined in s. 49.141 (1) (s), the
The hearing shall be requested and held under s.
1149.152. The department shall determine by rule the criteria for good cause.
AB133-SSA1, s. 1355 12Section 1355. 49.27 of the statutes is repealed.
AB133-SSA1, s. 1356 13Section 1356. 49.30 (1m) (c) of the statutes is created to read:
AB133-SSA1,703,1714 49.30 (1m) (c) If a request for payment under sub. (1) is made more than 12
15months after the death of the recipient, the county or applicable tribal governing
16body or organization responsible for burial of the recipient is not required to make
17a payment for cemetery, funeral or burial expenses.
AB133-SSA1, s. 1356m 18Section 1356m. 49.33 (1) (b) of the statutes is amended to read:
AB133-SSA1,703,2219 49.33 (1) (b) "Income maintenance program" means aid to families with
20dependent children under s. 49.19, Wisconsin works under ss. 49.141 to 49.161,
21medical assistance under subch. IV of ch. 49
or the food stamp program under 7 USC
222011
to 2029.
AB133-SSA1, s. 1356n 23Section 1356n. 49.33 (8) (a) of the statutes is amended to read:
AB133-SSA1,704,524 49.33 (8) (a) The department shall reimburse each county for reasonable costs
25of income maintenance relating to the administration of the programs under this

1subchapter and subch. IV according to a formula based on workload within the limits
2of available state and federal funds under s. 20.445 (3) (dz), (md) and (nL) by contract
3under s. 49.33 (2). The amount of reimbursement calculated under this paragraph
4and par. (b) is in addition to any reimbursement provided to a county for fraud and
5error reduction under s. 49.197 (1m) and (4).
AB133-SSA1, s. 1357 6Section 1357. 49.36 (2) of the statutes is amended to read:
AB133-SSA1,704,147 49.36 (2) The department may contract with any county or Wisconsin works
8agency
to administer a work experience and job training program for parents who
9are not custodial parents and who fail to pay child support or to meet their children's
10needs for support as a result of unemployment or underemployment. The program
11may provide the kinds of work experience and job training services available from
12the program under s. 49.193, 1997 stats., or s. 49.147 (3) or (4). The program may
13also include job search and job orientation activities. The department shall fund the
14program from the appropriation under s. 20.445 (3) (dz).
AB133-SSA1, s. 1358 15Section 1358. 49.36 (3) (g) of the statutes is repealed.
AB133-SSA1, s. 1359 16Section 1359. 49.36 (7) of the statutes is amended to read:
AB133-SSA1,704,2117 49.36 (7) The department shall pay a county or Wisconsin works agency $200
18$400 for each person who participates in the program under this section in the region
19in which the county or Wisconsin works agency administers the program under this
20section. The county or Wisconsin works agency shall pay any additional costs of the
21program.
AB133-SSA1, s. 1360 22Section 1360. 49.37 of the statutes is repealed.
AB133-SSA1, s. 1361 23Section 1361. 49.43 (8) of the statutes is amended to read:
AB133-SSA1,705,3
149.43 (8) "Medical assistance" means any services or items under ss. 49.45 to
249.47 49.472, except s. 49.472 (6), and under ss. 49.49 to 49.497, or any payment or
3reimbursement made for such services or items.
AB133-SSA1, s. 1361v 4Section 1361v. 49.45 (2) (a) 3. of the statutes is amended to read:
AB133-SSA1,705,165 49.45 (2) (a) 3. Determine the eligibility of persons for medical assistance,
6rehabilitative and social services under ss. 49.46, 49.468 and 49.47 and rules and
7policies adopted by the department and may designate this function to the county
8department under s. 46.215, 46.22 or 46.23 or, to the extent permitted by federal law
9or a waiver from federal secretary of health and human services, to a Wisconsin
10works agency. Any person who determines eligibility for medical assistance in a
11location other than in an office of the department or of a county department of human
12services or of social services shall be permitted to review and update information on
13existing records of an individual who is seeking from that person an eligibility
14determination for medical assistance, even if the individual's case was assigned to
15a different person as a result of the individual's seeking or receiving other public
16assistance.
AB133-SSA1, s. 1362 17Section 1362. 49.45 (2) (a) 4. of the statutes is amended to read:
AB133-SSA1,705,2118 49.45 (2) (a) 4. To the extent funds are available under s. 20.435 (1) (4) (bm),
19certify all proper charges and claims for administrative services to the department
20of administration for payment and the department of administration shall draw its
21warrant forthwith.
AB133-SSA1, s. 1371 22Section 1371. 49.45 (2) (a) 17. of the statutes is amended to read:
AB133-SSA1,706,223 49.45 (2) (a) 17. Notify the governor, the joint committee on legislative
24organization, the joint committee on finance and appropriate standing committees,

1as determined by the presiding officer of each house, if the appropriation under s.
220.435 (5) (4) (b) is insufficient to provide the state share of medical assistance.
AB133-SSA1, s. 1373v 3Section 1373v. 49.45 (3) (a) of the statutes is amended to read:
AB133-SSA1,706,94 49.45 (3) (a) Reimbursement shall be made to each county department under
5ss. 46.215, 46.22 and 46.23 for the administrative services performed in the medical
6assistance program on the basis of s. 49.33 (8) according to a formula based on
7workload
. For purposes of reimbursement under this paragraph, assessments
8completed under s. 46.27 (6) (a) are administrative services performed in the medical
9assistance program.
AB133-SSA1, s. 1374 10Section 1374. 49.45 (3) (ag) of the statutes is amended to read:
AB133-SSA1,706,1311 49.45 (3) (ag) Reimbursement shall be made to each entity contracted with
12under s. 46.271 (2m) 46.281 (1) (d) for assessments completed functional screens
13performed
under s. 46.271 (2m) (a) 2. 46.281 (1) (d).
AB133-SSA1, s. 1375 14Section 1375. 49.45 (3) (am) 1. of the statutes is amended to read:
AB133-SSA1,706,1915 49.45 (3) (am) 1. From the appropriation under s. 20.435 (1) (4) (bm), the
16department shall make incentive payments to counties to encourage counties to
17identify medical assistance applicants and recipients who have other health care
18coverage and the providers of the health care coverage and give that information to
19the department.
AB133-SSA1, s. 1376m 20Section 1376m. 49.45 (3) (fm) of the statutes is created to read:
AB133-SSA1,707,221 49.45 (3) (fm) The department shall seek, on behalf of dentists who are
22providers, federal reimbursement for the cost of any equipment that the department
23requires dentists to use to verify medical assistance eligibility electronically. If the
24department is successful in obtaining federal reimbursement of that expense, the

1department shall reimburse dentists who are providers for the portion of the cost of
2the equipment that is reimbursed by the federal government.
AB133-SSA1, s. 1381 3Section 1381. 49.45 (3) (j) of the statutes is amended to read:
AB133-SSA1,707,54 49.45 (3) (j) Reimbursement for administrative contract costs under this
5section is limited to the funds available under s. 20.435 (1) (4) (bm).
AB133-SSA1, s. 1382 6Section 1382. 49.45 (5m) (a) of the statutes is renumbered 49.45 (5m) (am) and
7amended to read:
AB133-SSA1,707,158 49.45 (5m) (am) Notwithstanding sub. (3) (e), from the appropriations under
9s. 20.435 (5) (4) (b) and (o) the department shall distribute not more than $2,256,000
10in each fiscal year, to provide supplemental funds to rural hospitals that, as
11determined by the department, have high utilization of inpatient services by
12patients whose care is provided from governmental sources, and to provide
13supplemental funds to critical access hospitals,
except that the department may not
14distribute funds to a rural hospital or to a critical access hospital to the extent that
15the distribution would exceed any limitation under 42 USC 1396b (i) (3).
AB133-SSA1, s. 1383 16Section 1383. 49.45 (5m) (ag) of the statutes is created to read:
AB133-SSA1,707,1817 49.45 (5m) (ag) In this subsection, "critical access hospital" has the meaning
18given in s. 50.33 (1g).
AB133-SSA1, s. 1384 19Section 1384. 49.45 (5m) (b) of the statutes is amended to read:
AB133-SSA1,707,2320 49.45 (5m) (b) The supplemental funding for rural hospitals under par. (a) (am)
21shall be based on the utilization, by recipients of medical assistance, of the total
22inpatient days of a rural hospital in relation to that utilization in other rural
23hospitals.
AB133-SSA1, s. 1385 24Section 1385. 49.45 (6b) (intro.) of the statutes is renumbered 49.45 (6b) and
25amended to read:
AB133-SSA1,708,7
149.45 (6b) Centers for the developmentally disabled. From the
2appropriation under s. 20.435 (2) (gk), the department may reimburse the cost of
3services provided by the centers for the developmentally disabled. Reimbursement
4to the centers for the developmentally disabled shall be reduced following each
5placement made under s. 46.275 which that involves a relocation from a center for
6the developmentally disabled, as follows: by $184 per day, beginning in fiscal year
71999-2000, and by $190 per day, beginning in fiscal year 2000-01.
AB133-SSA1, s. 1386 8Section 1386. 49.45 (6b) (a) of the statutes is repealed.
AB133-SSA1, s. 1387 9Section 1387. 49.45 (6b) (b) of the statutes is repealed.
AB133-SSA1, s. 1388 10Section 1388. 49.45 (6b) (c) of the statutes is repealed.
AB133-SSA1, s. 1389 11Section 1389. 49.45 (6m) (ag) (intro.) of the statutes is amended to read:
AB133-SSA1,708,1812 49.45 (6m) (ag) (intro.) Payment for care provided in a facility under this
13subsection made under s. 20.435 (1) (p) or (5) (b) (4) (b), (pa) or (o) shall, except as
14provided in pars. (bg), (bm) and (br), be determined according to a prospective
15payment system updated annually by the department. The payment system shall
16implement standards that are necessary and proper for providing patient care and
17that meet quality and safety standards established under subch. II of ch. 50 and ch.
18150. The payment system shall reflect all of the following:
AB133-SSA1, s. 1390b 19Section 1390b. 49.45 (6m) (ag) 3m. of the statutes is amended to read:
AB133-SSA1,708,2420 49.45 (6m) (ag) 3m. For state fiscal year 1997-98 1999-2000, rates that shall
21be set by the department based on information from cost reports for the 1996 1998
22fiscal year of the facility and for state fiscal year 1998-99 2000-01, rates that shall
23be set by the department based on information from cost reports for the 1997 1999
24fiscal year of the facility.
AB133-SSA1, s. 1391 25Section 1391. 49.45 (6m) (ag) 8. of the statutes is repealed.
AB133-SSA1, s. 1392
1Section 1392. 49.45 (6m) (ar) 1. a. of the statutes is amended to read:
AB133-SSA1,709,92 49.45 (6m) (ar) 1. a. The department shall establish standards for payment of
3allowable direct care costs, for facilities that do not primarily serve the
4developmentally disabled, that are not less than the median for take into account
5direct care costs for a sample of all of those facilities in this state and separate
6standards for payment of allowable direct care costs, for facilities that primarily
7serve the developmentally disabled, that are not less than the median for take into
8account
direct care costs for a sample of all of those facilities in this state. The
9standards shall be adjusted by the department for regional labor cost variations.
AB133-SSA1, s. 1393 10Section 1393. 49.45 (6m) (ar) 1. cm. of the statutes is amended to read:
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