AB1-SSA1,39,1812 49.49 (1) (b) 1. In the case of such a statement, representation, concealment,
13failure, or conversion by any person in connection with the furnishing by that person
14of items or services for which medical assistance is or may be made, a person
15convicted of violating this subsection is guilty of a Class H felony, except that,
16notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person
may be
17fined not more than $25,000 or imprisoned for not more than 7 years and 6 months
18or both
.
AB1-SSA1, s. 124 19Section 124. 49.49 (2) (a) of the statutes is amended to read:
AB1-SSA1,40,520 49.49 (2) (a) Solicitation or receipt of remuneration. Any person who solicits
21or receives any remuneration, including any kickback, bribe, or rebate, directly or
22indirectly, overtly or covertly, in cash or in kind, in return for referring an individual
23to a person for the furnishing or arranging for the furnishing of any item or service
24for which payment may be made in whole or in part under a medical assistance
25program, or in return for purchasing, leasing, ordering, or arranging for or

1recommending purchasing, leasing, or ordering any good, facility, service, or item for
2which payment may be made in whole or in part under a medical assistance program,
3is guilty of a Class H felony, except that, notwithstanding the maximum fine specified
4in s. 939.50 (3) (h), the person
may be fined not more than $25,000 or imprisoned for
5not more than 7 years and 6 months or both
.
AB1-SSA1, s. 125 6Section 125. 49.49 (2) (b) of the statutes is amended to read:
AB1-SSA1,40,177 49.49 (2) (b) Offer or payment of remuneration. Whoever offers or pays any
8remuneration including any kickback, bribe, or rebate directly or indirectly, overtly
9or covertly, in cash or in kind to any person to induce such person to refer an
10individual to a person for the furnishing or arranging for the furnishing of any item
11or service for which payment may be made in whole or in part under a medical
12assistance program, or to purchase, lease, order, or arrange for or recommend
13purchasing, leasing, or ordering any good, facility, service or item for which payment
14may be made in whole or in part under a medical assistance program, is guilty of a
15Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50
16(3) (h), the person
may be fined not more than $25,000 or imprisoned for not more
17than 7 years and 6 months or both
.
AB1-SSA1, s. 126 18Section 126. 49.49 (3) of the statutes is amended to read:
AB1-SSA1,41,319 49.49 (3) Fraudulent certification of facilities. No person may knowingly
20and wilfully make or cause to be made, or induce or seek to induce the making of, any
21false statement or representation of a material fact with respect to the conditions or
22operation of any institution or facility in order that such institution or facility may
23qualify either upon initial certification or upon recertification as a hospital, skilled
24nursing facility, intermediate care facility, or home health agency. Violators of A
25person who violates
this subsection is guilty of a Class H felony, except that,

1notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person
may be
2fined not more than $25,000 or imprisoned for not more than 7 years and 6 months
3or both
.
AB1-SSA1, s. 127 4Section 127. 49.49 (3m) (b) of the statutes is amended to read:
AB1-SSA1,41,85 49.49 (3m) (b) A person who violates this subsection is guilty of a Class H
6felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h),
7the person
may be fined not more than $25,000 or imprisoned for not more than 7
8years and 6 months or both
.
AB1-SSA1, s. 128 9Section 128. 49.49 (4) (b) of the statutes is amended to read:
AB1-SSA1,41,1310 49.49 (4) (b) A person who violates this subsection is guilty of a Class H felony,
11except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the
12person
may be fined not more than $25,000 or imprisoned for not more than 7 years
13and 6 months or both
.
AB1-SSA1, s. 128m 14Section 128m. 49.665 (4) (at) 1. b. of the statutes is amended to read:
AB1-SSA1,41,2515 49.665 (4) (at) 1. b. The department may not lower the maximum income level
16for initial eligibility unless the department first submits to the joint committee on
17finance its plans a plan for lowering the maximum income level and the committee
18approves the plan
. If, within 14 days after submitting the plan the date on which the
19plan is submitted
to the joint committee on finance, the cochairpersons of the
20committee do not notify the secretary that the committee has scheduled a meeting
21for the purpose of reviewing the plan, the department shall implement the plan is
22considered approved by the committee
as proposed. If, within 14 days after the date
23on which the plan is submitted to the committee, the cochairpersons of the committee
24notify the secretary that the committee has scheduled a meeting to review the plan,
25the department may implement the plan only as approved by the committee
.
AB1-SSA1, s. 128n
1Section 128n. 49.665 (4) (at) 1. cm. of the statutes is created to read:
AB1-SSA1,42,122 49.665 (4) (at) 1. cm. Notwithstanding s. 20.001 (3) (b), if, after reviewing the
3plan submitted under subd. 1. b., the joint committee on finance determines that the
4amounts appropriated under s. 20.435 (4) (bc), (jz), (p), and (x) are insufficient to
5accommodate the projected enrollment levels, the committee may transfer
6appropriated moneys from the general purpose revenue appropriation account of any
7state agency, as defined in s. 20.001 (1), other than a sum sufficient appropriation
8account, to the appropriation account under s. 20.435 (4) (bc) to supplement the
9health care program under this section if the committee finds that the transfer will
10eliminate unnecessary duplication of functions, result in more efficient and effective
11methods for performing programs, or more effectively carry out legislative intent,
12and that legislative intent will not be changed by the transfer.
AB1-SSA1, s. 128p 13Section 128p. 49.665 (5m) of the statutes is created to read:
AB1-SSA1,42,1414 49.665 (5m) Information about badger care recipients. (a) In this subsection:
AB1-SSA1,42,1515 1. "Disability insurance policy" has the meaning given in s. 632.895 (1) (a).
AB1-SSA1,42,1616 2. "Insurer" has the meaning given in s. 600.03 (27).
AB1-SSA1,42,2017 (b) An insurer that issues or delivers a disability insurance policy that provides
18coverage to a resident of this state shall provide to the department, upon the
19department's request, information contained in the insurer's records regarding all
20of the following:
AB1-SSA1,42,2221 1. Information that the department needs to identify recipients of badger care
22who satisfy any of the following:
AB1-SSA1,42,2323 a. Are eligible for benefits under a disability insurance policy.
AB1-SSA1,43,3
1b. Would be eligible for benefits under a disability insurance policy if the
2recipient were enrolled as a dependent of a person insured under the disability
3insurance policy.
AB1-SSA1,43,54 2. Information required for submittal of claims under the insurer's disability
5insurance policy.
AB1-SSA1,43,66 3. The types of benefits provided by the disability insurance policy.
AB1-SSA1,43,97 (c) Upon requesting an insurer to provide the information under par. (b), the
8department shall enter into a written agreement with the insurer that satisfies all
9of the following:
AB1-SSA1,43,1010 1. Identifies in detail the information to be disclosed.
AB1-SSA1,43,1211 2. Includes provisions that adequately safeguard the confidentiality of the
12information to be disclosed.
AB1-SSA1,43,1513 (d) 1. An insurer shall provide the information requested under par. (b) within
14180 days after receiving the department's request if it is the first time that the
15department has requested the insurer to disclose information under this subsection.
AB1-SSA1,43,1816 2. An insurer shall provide the information requested under par. (b) within 30
17days after receiving the department's request if the department has previously
18requested the insurer to disclose information under this subsection.
AB1-SSA1,43,2119 3. If an insurer fails to comply with subd. 1. or 2., the department may notify
20the commissioner of insurance, and the commissioner of insurance may initiate
21enforcement proceedings against the insurer under s. 601.41 (4) (a).
AB1-SSA1, s. 140p 22Section 140p. 49.688 (2) (a) 3. of the statutes, as created by 2001 Wisconsin
23Act 16
, is amended to read:
AB1-SSA1,43,2524 49.688 (2) (a) 3. The person is not a recipient of medical assistance or, as a
25recipient, does not receive prescription drug coverage
.
AB1-SSA1, s. 140q
1Section 140q. 49.688 (3) (d) of the statutes, as created by 2001 Wisconsin Act
216
, is amended to read:
AB1-SSA1,44,63 49.688 (3) (d) Notwithstanding s. 49.002, if a person who is eligible under this
4section has other available coverage for payment of a prescription drug, this section
5applies only to costs for prescription drugs for the persons person that are not covered
6under the person's other available coverage.
AB1-SSA1, s. 140r 7Section 140r. 49.688 (8m) of the statutes is created to read:
AB1-SSA1,44,88 49.688 (8m) (a) In this subsection:
AB1-SSA1,44,99 1. "Disability insurance policy" has the meaning given in s. 632.895 (1) (a).
AB1-SSA1,44,1010 2. "Insurer" has the meaning given in s. 600.03 (27).
AB1-SSA1,44,1411 (b) An insurer that issues or delivers a disability insurance policy that provides
12coverage to a resident of this state shall provide to the department, upon the
13department's request, information contained in the insurer's records regarding all
14of the following:
AB1-SSA1,44,1615 1. Information that the department needs to identify eligible persons under
16this section who satisfy any of the following:
AB1-SSA1,44,1717 a. Are eligible for benefits under a disability insurance policy.
AB1-SSA1,44,2018 b. Would be eligible for benefits under a disability insurance policy if the
19eligible person were enrolled as a dependent of a person insured under the disability
20insurance policy.
AB1-SSA1,44,2221 2. Information required for submittal of claims under the insurer's disability
22insurance policy.
AB1-SSA1,44,2323 3. The types of benefits provided by the disability insurance policy.
AB1-SSA1,45,3
1(c) Upon requesting an insurer to provide the information under par. (b), the
2department shall enter into a written agreement with the insurer that satisfies all
3of the following:
AB1-SSA1,45,44 1. Identifies in detail the information to be disclosed.
AB1-SSA1,45,65 2. Includes provisions that adequately safeguard the confidentiality of the
6information to be disclosed.
AB1-SSA1,45,97 (d) 1. An insurer shall provide the information requested under par. (b) within
8180 days after receiving the department's request if it is the first time that the
9department has requested the insurer to disclose information under this subsection.
AB1-SSA1,45,1210 2. An insurer shall provide the information requested under par. (b) within 30
11days after receiving the department's request if the department has previously
12requested the insurer to disclose information under this subsection.
AB1-SSA1,45,1513 3. If an insurer fails to comply with subd. 1. or 2., the department may notify
14the commissioner of insurance, and the commissioner of insurance may initiate
15enforcement proceedings against the insurer under s. 601.41 (4) (a).
AB1-SSA1, s. 141 16Section 141. 49.688 (9) (b) of the statutes, as created by 2001 Wisconsin Act
1716
, is amended to read:
AB1-SSA1,45,2218 49.688 (9) (b) A person who is convicted of violating a rule promulgated by the
19department under par. (a) in connection with that person's furnishing of prescription
20drugs under this section is guilty of a Class H felony, except that, notwithstanding
21the maximum fine specified in s. 939.50 (3) (h), the person
may be fined not more than
22$25,000, or imprisoned for not more than 7 years and 6 months, or both.
AB1-SSA1, s. 142 23Section 142. 49.688 (9) (c) of the statutes, as created by 2001 Wisconsin Act
2416
, is amended to read:
AB1-SSA1,46,4
149.688 (9) (c) A person other than a person specified in par. (b) who is convicted
2of violating a rule promulgated by the department under par. (a) may be fined not
3more than $10,000, or imprisoned in the county jail for not more than one year, or
4both.
AB1-SSA1, s. 143 5Section 143. 49.795 (8) (a) 2. of the statutes, as affected by 2001 Wisconsin Act
616
, is amended to read:
AB1-SSA1,46,97 49.795 (8) (a) 2. If the value of the food coupons exceeds $100, but is less than
8$5,000, a person who violates this section may be fined not more than $10,000 or
9imprisoned for not more than 7 years and 6 months or both
is guilty of a Class I felony.
AB1-SSA1, s. 144 10Section 144. 49.795 (8) (b) 2. of the statutes, as affected by 2001 Wisconsin Act
1116
, is amended to read:
AB1-SSA1,46,1512 49.795 (8) (b) 2. If the value of the food coupons exceeds $100, but is less than
13$5,000, a person who violates this section may be fined not more than $10,000 or
14imprisoned for not more than 7 years and 6 months or both
is guilty of a Class H
15felony
.
AB1-SSA1, s. 145 16Section 145. 49.795 (8) (c) of the statutes, as affected by 2001 Wisconsin Act
1716
, is amended to read:
AB1-SSA1,46,2018 49.795 (8) (c) For any offense under this section, if the value of the food coupons
19is $5,000 or more, a person who violates this section may be fined not more than
20$250,000 or imprisoned for not more than 30 years or both
is guilty of a Class G felony.
AB1-SSA1, s. 146 21Section 146. 49.95 (1) of the statutes is renumbered 49.95 (1) (intro.) and
22amended to read:
AB1-SSA1,46,2523 49.95 (1) (intro.) Any person who, with intent to secure public assistance under
24this chapter, whether for himself or herself or for some other person, wilfully makes
25any false representations may, if is subject to the following penalties:
AB1-SSA1,47,2
1(a) If the value of the assistance so secured does not exceed $300, the person
2may
be required to forfeit not more than $1,000; if.
AB1-SSA1,47,5 3(b) If the value of the assistance exceeds $300 but does not exceed $1,000, the
4person may
be fined not more than $250 or imprisoned for not more than 6 months
5or both; if.
AB1-SSA1,47,8 6(c) If the value of the assistance exceeds $1,000 but does not exceed $2,500,
7$2,000, the person may be fined not more than $500 $10,000 or imprisoned for not
8more than 7 years and 6 9 months or both; and if.
AB1-SSA1,47,11 9(d) If the value of the assistance exceeds $2,500, be punished as prescribed
10under s. 943.20 (3) (c)
$2,000 but does not exceed $5,000, the person is guilty of a
11Class I felony
.
AB1-SSA1, s. 147 12Section 147. 49.95 (1) (e) and (f) of the statutes are created to read:
AB1-SSA1,47,1413 49.95 (1) (e) If the value of the assistance exceeds $5,000 but does not exceed
14$10,000, the person is guilty of a Class H felony.
AB1-SSA1,47,1615 (f) If the value of the assistance exceeds $10,000, the person is guilty of a Class
16G felony.
AB1-SSA1, s. 148 17Section 148. 50.065 (1) (e) 1. of the statutes is amended to read:
AB1-SSA1,47,2518 50.065 (1) (e) 1. "Serious crime" means a violation of s. 940.19 (3), 1999 stats.,
19a violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3), (4), (5) or (6),
20940.22 (2) or (3), 940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1),
21948.025 or 948.03 (2) (a), or a violation of the law of any other state or United States
22jurisdiction that would be a violation of s. 940.19 (3), 1999 stats., or a violation of s.
23940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (3), (4), (5) or (6), 940.22 (2) or (3),
24940.225 (1), (2) or (3), 940.285 (2), 940.29, 940.295, 948.02 (1), 948.025 or 948.03 (2)
25(a) if committed in this state.
AB1-SSA1, s. 149
1Section 149. 51.15 (12) of the statutes is amended to read:
AB1-SSA1,48,52 51.15 (12) Penalty. Whoever signs a statement under sub. (4), (5) or (10)
3knowing the information contained therein to be false may be fined not more than
4$5,000 or imprisoned for not more than 7 years and 6 months or both
is guilty of a
5Class H felony
.
AB1-SSA1, s. 150 6Section 150. 55.06 (11) (am) of the statutes is amended to read:
AB1-SSA1,48,107 55.06 (11) (am) Whoever signs a statement under par. (a) knowing the
8information contained therein to be false may be fined not more than $5,000 or
9imprisoned for not more than 7 years and 6 months or both
is guilty of a Class H
10felony
.
AB1-SSA1, s. 151 11Section 151. 66.0143 of the statutes is created to read:
AB1-SSA1,48,13 1266.0143 Local appeals for exemption from state mandates. (1)
13Definitions. In this section:
AB1-SSA1,48,1414 (a) "Political subdivision" means a city, village, town, or county.
AB1-SSA1,48,1715 (b) "State mandate" means a state law that requires a political subdivision to
16engage in an activity or provide a service, or to increase the level of its activities or
17services.
AB1-SSA1,48,20 18(2) Appeals for exemptions. (a) A political subdivision may file a request with
19the department of revenue for a waiver from a state mandate, except for a state
20mandate that is related to any of the following:
AB1-SSA1,48,2121 1. Health.
AB1-SSA1,48,2222 2. Safety.
AB1-SSA1,48,2423 (b) An administrative agency, or the department of revenue, may grant a
24political subdivision a waiver from a state mandate as provided in par. (c).
AB1-SSA1,49,8
1(c) The political subdivision shall specify in its request for a waiver its reason
2for requesting the waiver. Upon receipt of a request for a waiver, the department of
3revenue shall forward the request to the administrative agency which is responsible
4for administrating the state mandate. The agency shall determine whether to grant
5the waiver and shall notify the political subdivision and the department of revenue
6of its decision in writing. If no agency is responsible for administrating the state
7mandate, the department of revenue shall determine whether to grant the waiver
8and shall notify the political subdivision of its decision in writing.
AB1-SSA1,49,12 9(3) Duration of waivers. A waiver is effective for 4 years. The administrative
10agency may renew the waiver for additional 4-year periods. If a waiver is granted
11by the department of revenue, the department may renew the waiver under this
12subsection.
AB1-SSA1,49,18 13(4) Evaluation. By July 1, 2004, the department of revenue shall submit a
14report to the governor, and to the appropriate standing committees of the legislature
15under s. 13.172 (3). The report shall specify the number of waivers requested under
16this section, a description of each waiver request, the reason given for each waiver
17request, and the financial effects on the political subdivision of each waiver that was
18granted.
AB1-SSA1, s. 152 19Section 152. 66.0602 of the statutes is created to read:
AB1-SSA1,49,20 2066.0602 Limit on operating levy increase. (1) Definitions. In this section:
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