AB133-SSA1, s. 1480 10Section 1480. 49.682 (2) (e) 2. of the statutes is created to read:
AB133-SSA1,738,1711 49.682 (2) (e) 2. If the department's claim is not allowable because of par. (d),
12the estate includes an interest in a home and the personal representative closes the
13estate by sworn statement under s. 865.16, the personal representative shall
14stipulate in the statement that the home is assigned subject to a lien in favor of the
15department for the amount described in par. (a). The personal representative shall
16record the statement in the same manner as described in s. 863.29, as if the
17statement were a final judgment.
AB133-SSA1, s. 1481 18Section 1481. 49.682 (6) of the statutes is created to read:
AB133-SSA1,738,2019 49.682 (6) The department may contract with or employ an attorney to probate
20estates to recover under this section the costs of care.
AB133-SSA1, s. 1482 21Section 1482. 49.683 (2) of the statutes is amended to read:
AB133-SSA1,738,2322 49.683 (2) Approved costs for medical care under sub. (1) shall be paid from the
23appropriation under s. 20.435 (5) (4) (e).
AB133-SSA1, s. 1483 24Section 1483. 49.687 (2) of the statutes is amended to read:
AB133-SSA1,739,8
149.687 (2) The department shall develop and implement a sliding scale of
2patient liability for kidney disease aid under s. 49.68, cystic fibrosis aid under s.
349.683 and hemophilia treatment under s. 49.685, based on the patient's ability to
4pay for treatment. To ensure that the needs for treatment of patients with lower
5incomes receive priority within the availability of funds under s. 20.435 (5) (4) (e),
6the department shall revise the sliding scale for patient liability by January 1, 1994,
7and shall, every 3 years thereafter by January 1, review and, if necessary, revise the
8sliding scale.
AB133-SSA1, s. 1484 9Section 1484. 49.775 (4) of the statutes is amended to read:
AB133-SSA1,739,1210 49.775 (4) Payment amount. The payment under sub. (2) is $100 $250 per
11month per for one dependent child and $150 per month for each additional dependent
12child.
AB133-SSA1, s. 1486j 13Section 1486j. 49.854 (2) (e) of the statutes is created to read:
AB133-SSA1,739,2014 49.854 (2) (e) Date that support lien docket is operational. The department
15shall publish a notice in the Wisconsin Administrative Register that states the date
16on which the statewide support lien docket is first operational. The department shall
17publish the notice stating the date as soon as possible after the statewide support lien
18docket begins operating or, if the department is able to determine with certainty the
19date on which the statewide support lien docket will begin operating, as soon as
20possible after the department determines that date.
AB133-SSA1, s. 1486k 21Section 1486k. 49.854 (2) (e) of the statutes, as created by 1999 Wisconsin Act
22.... (this act), is repealed.
AB133-SSA1, s. 1487 23Section 1487. 49.855 (7) of the statutes is repealed.
AB133-SSA1, s. 1489 24Section 1489. 49.89 (2) of the statutes is amended to read:
AB133-SSA1,740,15
149.89 (2) Subrogation. The department of health and family services, the
2department of workforce development, a county or an elected tribal governing body
3that provides any public assistance under this chapter or under s. 253.05 as a result
4of the occurrence of an injury, sickness or death that creates a claim or cause of action,
5whether in tort or contract, on the part of a public assistance recipient or beneficiary
6or the estate of a recipient or beneficiary against a 3rd party, including an insurer,
7is subrogated to the rights of the recipient, beneficiary or estate and may make a
8claim or maintain an action or intervene in a claim or action by the recipient,
9beneficiary or estate against the 3rd party. Subrogation under this subsection
10because of the provision of medical assistance under subch. IV constitutes a lien,
11equal to the amount of the medical assistance provided as a result of the injury,
12sickness or death that gave rise to the claim. The lien is on any payment resulting
13from a judgment or settlement that may be due the obligor. A lien under this
14subsection continues until it is released and discharged by the department of health
15and family services.
AB133-SSA1, s. 1490 16Section 1490. 49.89 (3m) (bm) of the statutes is created to read:
AB133-SSA1,740,2217 49.89 (3m) (bm) A person against whom a claim that is subrogated under sub.
18(2) or assigned under sub. (3) is made, or that person's attorney or insurer, shall
19provide notice under par. (c), if that person, attorney or insurer knows, or could
20reasonably determine, that the claimant is a recipient or former recipient of medical
21assistance under subch. IV, or is the estate of a former recipient of medical assistance
22under subch. IV.
AB133-SSA1, s. 1491 23Section 1491. 49.89 (7) (c) of the statutes is amended to read:
AB133-SSA1,741,424 49.89 (7) (c) The incentive payment shall be an amount equal to 15% of the
25amount recovered because of benefits paid under s. 49.19, 49.20, s. 49.20, 1997 stats.,

1and
49.30 or 253.05. The incentive payment shall be taken from the state share of
2the sum recovered, except that the incentive payment for an amount recovered
3because of benefits paid under s. 49.19 shall be considered an administrative cost
4under s. 49.19 for the purpose of claiming federal funding.
AB133-SSA1, s. 1493 5Section 1493. 50.02 (2) (d) of the statutes is created to read:
AB133-SSA1,741,86 50.02 (2) (d) The department shall promulgate rules that prescribe the time
7periods and the methods of providing information specified in ss. 50.033 (2r) and (2s),
850.034 (5m) and (5n), 50.035 (4m) and (4n) and 50.04 (2g) (a) and (2h) (a).
AB133-SSA1, s. 1495 9Section 1495. 50.033 (2) of the statutes is amended to read:
AB133-SSA1,741,1910 50.033 (2) Regulation. Standards for operation of licensed adult family homes
11and procedures for application for licensure, monitoring, inspection, revocation and
12appeal of revocation under this section shall be under rules promulgated by the
13department under s. 50.02 (2) (am) 2. An adult family home licensure is valid until
14revoked under this section. Licensure is not transferable. The biennial licensure fee
15for a licensed adult family home is $75 $135. The fee is payable to the county
16department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, if the county department
17licenses the adult family home under sub. (1m) (b), and is payable to the department,
18on a schedule determined by the department if the department licenses the adult
19family home under sub. (1m) (b).
AB133-SSA1, s. 1496 20Section 1496. 50.033 (2r) of the statutes is created to read:
AB133-SSA1,742,221 50.033 (2r) Provision of information required. Subject to sub. (2t), an adult
22family home shall, within the time period after inquiry by a prospective resident that
23is prescribed by the department by rule, inform the prospective resident of the
24services of a resource center under s. 46.283, the family care benefit under s. 46.286

1and the availability of a functional and financial screen to determine the prospective
2resident's eligibility for the family care benefit under s. 46.286 (1).
AB133-SSA1, s. 1497 3Section 1497. 50.033 (2s) of the statutes is created to read:
AB133-SSA1,742,84 50.033 (2s) Required referral. Subject to sub. (2t), an adult family home shall,
5within the time period prescribed by the department by rule, refer to a resource
6center under s. 46.283 a person who is seeking admission, who is at least 65 years
7of age or has a physical disability and whose disability or condition is expected to last
8at least 90 days, unless any of the following applies:
AB133-SSA1,742,109 (a) The person has received a screen for functional eligibility under s. 46.286
10(1) (a) within the previous 6 months.
AB133-SSA1,742,1111 (b) The person is entering the adult family home only for respite care.
AB133-SSA1,742,1212 (c) The person is an enrollee of a care management organization.
AB133-SSA1, s. 1498 13Section 1498. 50.033 (2t) of the statutes is created to read:
AB133-SSA1,742,1714 50.033 (2t) Applicability. Subsections (2r) and (2s) apply only if the secretary
15has certified under s. 46.281 (3) that a resource center is available for the adult family
16home and for specified groups of eligible individuals that include those persons
17seeking admission to or the residents of the adult family home.
AB133-SSA1, s. 1499 18Section 1499. 50.034 (5m) of the statutes is created to read:
AB133-SSA1,742,2519 50.034 (5m) Provision of information required. Subject to sub. (5p), a
20residential care apartment complex shall, within the time period after inquiry by a
21prospective resident that is prescribed by the department by rule, inform the
22prospective resident of the services of a resource center under s. 46.283, the family
23care benefit under s. 46.286 and the availability of a functional and financial screen
24to determine the prospective resident's eligibility for the family care benefit under
25s. 46.286 (1).
AB133-SSA1, s. 1500
1Section 1500. 50.034 (5n) of the statutes is created to read:
AB133-SSA1,743,62 50.034 (5n) Required referral. Subject to sub. (5p), a residential care
3apartment complex shall, within the time period prescribed by the department by
4rule, refer to a resource center under s. 46.283 a person who is seeking admission,
5who is at least 65 years of age or has a physical disability and whose disability or
6condition is expected to last at least 90 days, unless any of the following applies:
AB133-SSA1,743,87 (a) The person has received a screen for functional eligibility under s. 46.286
8(1) (a) within the previous 6 months.
AB133-SSA1,743,109 (b) The person is entering the residential care apartment complex only for
10respite care.
AB133-SSA1,743,1111 (c) The person is an enrollee of a care management organization.
AB133-SSA1, s. 1501 12Section 1501. 50.034 (5p) of the statutes is created to read:
AB133-SSA1,743,1713 50.034 (5p) Applicability. Subsections (5m) and (5n) apply only if the secretary
14has certified under s. 46.281 (3) that a resource center is available for the residential
15care apartment complex and for specified groups of eligible individuals that include
16those person seeking admission to or the residents of the residential care apartment
17complex.
AB133-SSA1, s. 1501d 18Section 1501d. 50.034 (6) of the statutes is amended to read:
AB133-SSA1,743,2419 50.034 (6) Funding. Funding for supportive, personal or nursing services that
20a person who resides in a residential care apartment complex receives, other than
21private or 3rd-party funding, may be provided only under s. 46.27 (11) (c) 7. or 46.277
22(5) (e), unless except if the provider of the services is a certified medical assistance
23provider under s. 49.45 or if the funding is provided as a family care benefit under
24ss. 46.2805 to 46.2895
.
AB133-SSA1, s. 1502 25Section 1502. 50.034 (8) of the statutes is created to read:
AB133-SSA1,744,3
150.034 (8) Forfeitures. (a) Whoever violates sub. (5m) or (5n) or rules
2promulgated under sub. (5m) or (5n) may be required to forfeit not more than $500
3for each violation.
AB133-SSA1,744,94 (b) The department may directly assess forfeitures provided for under par. (a).
5If the department determines that a forfeiture should be assessed for a particular
6violation, it shall send a notice of assessment to the residential care apartment
7complex. The notice shall specify the amount of the forfeiture assessed, the violation
8and the statute or rule alleged to have been violated, and shall inform the residential
9care apartment complex of the right to a hearing under par. (c).
AB133-SSA1,744,2110 (c) A residential care apartment complex may contest an assessment of a
11forfeiture by sending, within 10 days after receipt of notice under par. (b), a written
12request for a hearing under s. 227.44 to the division of hearings and appeals created
13under s. 15.103 (1). The administrator of the division may designate a hearing
14examiner to preside over the case and recommend a decision to the administrator
15under s. 227.46. The decision of the administrator of the division shall be the final
16administrative decision. The division shall commence the hearing within 30 days
17after receipt of the request for a hearing and shall issue a final decision within 15
18days after the close of the hearing. Proceedings before the division are governed by
19ch. 227. In any petition for judicial review of a decision by the division, the party,
20other than the petitioner, who was in the proceeding before the division shall be the
21named respondent.
AB133-SSA1,745,222 (d) All forfeitures shall be paid to the department within 10 days after receipt
23of notice of assessment or, if the forfeiture is contested under par. (c), within 10 days
24after receipt of the final decision after exhaustion of administrative review, unless

1the final decision is appealed and the order is stayed by court order. The department
2shall remit all forfeitures paid to the state treasurer for deposit in the school fund.
AB133-SSA1,745,63 (e) The attorney general may bring an action in the name of the state to collect
4any forfeiture imposed under this section if the forfeiture has not been paid following
5the exhaustion of all administrative and judicial reviews. The only issue to be
6contested in any such action shall be whether the forfeiture has been paid.
AB133-SSA1, s. 1503 7Section 1503. 50.035 (4m) of the statutes is created to read:
AB133-SSA1,745,148 50.035 (4m) Provision of information required. Subject to sub. (4p), a
9community-based residential facility shall, within the time period after inquiry by
10a prospective resident that is prescribed by the department by rule, inform the
11prospective resident of the services of a resource center under s. 46.283, the family
12care benefit under s. 46.286 and the availability of a functional and financial screen
13to determine the prospective resident's eligibility for the family care benefit under
14s. 46.286 (1).
AB133-SSA1, s. 1504 15Section 1504. 50.035 (4n) of the statutes is created to read:
AB133-SSA1,745,2016 50.035 (4n) Required referral. Subject to sub. (4p), a community-based
17residential facility shall, within the time period prescribed by the department by
18rule, refer to a resource center under s. 46.283 a person who is seeking admission,
19who is at least 65 years of age or has a physical disability and whose disability or
20condition is expected to last at least 90 days, unless any of the following applies:
AB133-SSA1,745,2221 (a) The person has received a screen for functional eligibility under s. 46.286
22(1) (a) within the previous 6 months.
AB133-SSA1,745,2423 (b) The person is entering the community-based residential facility only for
24respite care.
AB133-SSA1,745,2525 (c) The person is an enrollee of a care management organization.
AB133-SSA1, s. 1505
1Section 1505. 50.035 (4p) of the statutes is created to read:
AB133-SSA1,746,62 50.035 (4p) Applicability. Subsections (4m) and (4n) apply only if the secretary
3has certified under s. 46.281 (3) that a resource center is available for the
4community-based residential facility and for specified groups of eligible individuals
5that include those persons seeking admission to or the residents of the
6community-based residential facility.
AB133-SSA1, s. 1506 7Section 1506. 50.035 (7) (c) of the statutes is amended to read:
AB133-SSA1,746,128 50.035 (7) (c) If the date estimated under par. (a) 2. is less than 24 months after
9the date of the individual's statement of financial condition, the community-based
10residential facility shall provide the statement to the county department under s.
1146.215 or 46.22 and shall refer the potential resident to the county department to
12determine whether an assessment under s. 46.27 (6) should be conducted
.
AB133-SSA1, s. 1507 13Section 1507. 50.035 (8) of the statutes is repealed.
AB133-SSA1, s. 1508 14Section 1508. 50.035 (11) of the statutes is created to read:
AB133-SSA1,746,1715 50.035 (11) Forfeitures. (a) Whoever violates sub. (4m) or (4n) or rules
16promulgated under sub. (4m) or (4n) may be required to forfeit not more than $500
17for each violation.
AB133-SSA1,746,2318 (b) The department may directly assess forfeitures provided for under par. (a).
19If the department determines that a forfeiture should be assessed for a particular
20violation, it shall send a notice of assessment to the community-based residential
21facility. The notice shall specify the amount of the forfeiture assessed, the violation
22and the statute or rule alleged to have been violated, and shall inform the licensee
23of the right to a hearing under par. (c).
AB133-SSA1,747,1024 (c) A community-based residential facility may contest an assessment of a
25forfeiture by sending, within 10 days after receipt of notice under par. (b), a written

1request for a hearing under s. 227.44 to the division of hearings and appeals created
2under s. 15.103 (1). The administrator of the division may designate a hearing
3examiner to preside over the case and recommend a decision to the administrator
4under s. 227.46. The decision of the administrator of the division shall be the final
5administrative decision. The division shall commence the hearing within 30 days
6after receipt of the request for a hearing and shall issue a final decision within 15
7days after the close of the hearing. Proceedings before the division are governed by
8ch. 227. In any petition for judicial review of a decision by the division, the party,
9other than the petitioner, who was in the proceeding before the division shall be the
10named respondent.
AB133-SSA1,747,1511 (d) All forfeitures shall be paid to the department within 10 days after receipt
12of notice of assessment or, if the forfeiture is contested under par. (c), within 10 days
13after receipt of the final decision after exhaustion of administrative review, unless
14the final decision is appealed and the order is stayed by court order. The department
15shall remit all forfeitures paid to the state treasurer for deposit in the school fund.
AB133-SSA1,747,1916 (e) The attorney general may bring an action in the name of the state to collect
17any forfeiture imposed under this section if the forfeiture has not been paid following
18the exhaustion of all administrative and judicial reviews. The only issue to be
19contested in any such action shall be whether the forfeiture has been paid.
AB133-SSA1, s. 1509 20Section 1509. 50.037 (2) (a) of the statutes is amended to read:
AB133-SSA1,747,2321 50.037 (2) (a) The biennial fee for a community-based residential facility is
22$170 $306, plus a biennial fee of $22 $39.60 per resident, based on the number of
23residents that the facility is licensed to serve.
AB133-SSA1, s. 1510 24Section 1510. 50.04 (2g) of the statutes is created to read:
AB133-SSA1,748,6
150.04 (2g) Provision of information required. (a) Subject to sub. (2i), a
2nursing home shall, within the time period after inquiry by a prospective resident
3that is prescribed by the department by rule, inform the prospective resident of the
4services of a resource center under s. 46.283, the family care benefit under s. 46.286
5and the availability of a functional and financial screen to determine the prospective
6resident's eligibility for the family care benefit under s. 46.286 (1).
AB133-SSA1,748,87 (b) Failure to comply with this subsection is a class "C" violation under sub. (4)
8(b) 3.
AB133-SSA1, s. 1511 9Section 1511. 50.04 (2h) of the statutes is created to read:
AB133-SSA1,748,1410 50.04 (2h) Required referral. (a) Subject to sub. (2i), a nursing home shall,
11within the time period prescribed by the department by rule, refer to a resource
12center under s. 46.283 a person who is seeking admission, who is at least 65 years
13of age or has developmental disability or physical disability and whose disability or
14condition is expected to last at least 90 days, unless any of the following applies:
AB133-SSA1,748,1615 1. The person has received a screen for functional eligibility under s. 46.286 (1)
16(a) within the previous 6 months.
AB133-SSA1,748,1717 2. The person is seeking admission to the nursing home only for respite care.
AB133-SSA1,748,1818 3. The person is an enrollee of a care management organization.
AB133-SSA1,748,2019 (b) Failure to comply with this subsection is a class "C" violation under sub. (4)
20(b) 3.
AB133-SSA1, s. 1512 21Section 1512. 50.04 (2i) of the statutes is created to read:
AB133-SSA1,748,2522 50.04 (2i) Applicability. Subsections (2g) and (2h) apply only if the secretary
23has certified under s. 46.281 (3) that a resource center is available for the nursing
24home and for specified groups of eligible individuals that include those persons
25seeking admission to or the residents of the nursing home.
AB133-SSA1, s. 1513
1Section 1513. 50.04 (2m) of the statutes is renumbered 50.04 (2m) (a) and
2amended to read:
AB133-SSA1,749,73 50.04 (2m) (a) No Except as provided in par. (b), no nursing home may admit
4any patient until a physician has completed a plan of care for the patient and the
5patient is assessed or the patient is exempt from or waives assessment under s. 46.27
6(6) (a) or 46.271 (2m) (a) 2. Failure to comply with this subsection is a class "C"
7violation under sub. (4) (b) 3.
AB133-SSA1, s. 1514 8Section 1514. 50.04 (2m) (b) of the statutes is created to read:
AB133-SSA1,749,109 50.04 (2m) (b) Paragraph (a) does not apply to those residents for whom the
10secretary has certified under s. 46.281 (3) that a resource center is available.
AB133-SSA1, s. 1515 11Section 1515. 50.06 (7) of the statutes is amended to read:
AB133-SSA1,749,1712 50.06 (7) An individual who consents to an admission under this section may
13request that an assessment be conducted for the incapacitated individual under the
14long-term support community options program under s. 46.27 (6) or, if the secretary
15has certified under s. 46.281 (3) that a resource center is available for the individual,
16a functional and financial screen to determine eligibility for the family care benefit
17under s. 46.286 (1)
.
AB133-SSA1, s. 1522 18Section 1522. 50.065 (8) of the statutes is amended to read:
AB133-SSA1,749,2419 50.065 (8) The department may charge a fee for obtaining the information
20required under sub. (2) (am) or (3) (a) or for providing information to an entity to
21enable the entity to comply with sub. (2) (b) 1. or (3) (b)
. The fee may not exceed the
22reasonable cost of obtaining the information. No fee may be charged to a nurse's
23assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining the information
24if to do so would be inconsistent with federal law.
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