AB100-ASA1,507,179 49.665 (5) (ag) Except as provided in pars. (am), (b), and (bm), a family, or a
10child who does not reside with his or her parent, or the mother of an unborn child,
11who receives health care coverage under this section shall pay a percentage of the
12cost of that coverage in accordance with a schedule established by the department
13by rule. The department may not establish or implement a schedule that requires
14a family or child to contribute contribution, including the amounts required under
15par. (am), of more than 5% of the family's or child's income of the family, child, or
16applicable persons specified in sub. (4) (ap) 1.
towards the cost of the health care
17coverage provided under this section.
AB100-ASA1, s. 1184 18Section 1184. 49.665 (5) (am) (intro.) of the statutes is amended to read:
AB100-ASA1,507,2119 49.665 (5) (am) (intro.) Except as provided in pars. (b) and (bm), a child or, a
20family member, or the mother of an unborn child, who receives health care coverage
21under this section shall pay the following cost-sharing amounts:
AB100-ASA1, s. 1184c 22Section 1184c. 49.665 (5) (am) 1. of the statutes is amended to read:
AB100-ASA1,507,2423 49.665 (5) (am) 1. A copayment of $1 $3 for each prescription of a drug that
24bears only a generic name, as defined in s. 450.12 (1) (b).
AB100-ASA1, s. 1185 25Section 1185. 49.665 (5) (b) of the statutes is amended to read:
AB100-ASA1,508,4
149.665 (5) (b) The department may not require a family, or child who does not
2reside with his or her parent, or applicable persons specified in sub. (4) (ap) 1., with
3an income below 150% of the poverty line, to contribute to the cost of health care
4coverage provided under this section.
AB100-ASA1, s. 1186 5Section 1186. 49.665 (5) (c) of the statutes is amended to read:
AB100-ASA1,508,86 49.665 (5) (c) The department may establish by rule requirements for wage
7withholding as a means of collecting the a family's or an unborn child's mother's
8share of the cost of the health care coverage under this section.
AB100-ASA1, s. 1186bc 9Section 1186bc. 49.665 (7) of the statutes is created to read:
AB100-ASA1,508,1310 49.665 (7) Employer verification forms; forfeiture and penalty assessment.
11(a) 1. Notwithstanding sub. (4) (a) 3m., the department shall mail information
12verification forms to the employers of the individuals required to provide the
13verifications under sub. (4) (a) 3m. to obtain the information specified.
AB100-ASA1,508,1714 2. An employer that receives a verification form shall complete the form and
15return it to the department, by mail, with a postmark that is not more than 30
16working days after the date on which the department mailed the form to the
17employer.
AB100-ASA1,508,2318 3. As an alternative to the method under subd. 2., an employer may, within 30
19working days after the date on which the department mailed the form to the
20employer, return the completed form to the department by any electronic means
21approved by the department. The department must be able to determine, or the
22employer must be able to verify, the date on which the form was sent to the
23department electronically.
AB100-ASA1,509,3
1(b) 1. Subject to subd. 3., an employer that does not comply with the
2requirements under par. (a) 2. or 3. shall be required to pay a forfeiture of $50 for each
3verification form not returned in compliance with par. (a) 2. or 3.
AB100-ASA1,509,54 2. Subject to subd. 3., whenever the department imposes a forfeiture under
5subd. 1., the department shall also levy a penalty assessment of $50.
AB100-ASA1,509,106 3. An employer with fewer than 250 employees may not be required to pay more
7than $1,000 in forfeitures and penalty assessments under this paragraph in any
86-month period. An employer with 250 or more employees may not be required to
9pay more than $15,000 in forfeitures and penalty assessments under this paragraph
10in any 6-month period.
AB100-ASA1,509,1311 4. All penalty assessments collected under subd. 2. shall be credited to the
12appropriation account under s. 20.435 (4) (jz) and all forfeitures collected under subd.
131. shall be credited to the common school fund.
AB100-ASA1,509,1714 (c) An employer may contest an assessment of forfeiture or penalty assessment
15under par. (b) by sending a written request for hearing to the division of hearings and
16appeals in the department of administration. Proceedings before the division are
17governed by ch. 227.
AB100-ASA1, s. 1186c 18Section 1186c. 49.665 (7) (a) 1. of the statutes, as created by 2005 Wisconsin
19Act .... (this act), is amended to read:
AB100-ASA1,509,2320 49.665 (7) (a) 1. Notwithstanding sub. (4) (a) 3m. and (ap) 2., the department
21shall mail information verification forms to the employers of the individuals required
22to provide the verifications under sub. (4) (a) 3m. and (ap) 2. to obtain the information
23specified.
AB100-ASA1, s. 1188 24Section 1188. 49.77 (6) of the statutes is created to read:
AB100-ASA1,510,3
149.77 (6) Authority to administer; rules. The department shall administer
2this section and s. 49.775, and may promulgate rules to guide the administration of
3eligibility determinations and benefits payments.
AB100-ASA1, s. 1188d 4Section 1188d. 49.77 (7) of the statutes is created to read:
AB100-ASA1,510,115 49.77 (7) Joint finance supplemental funding. The department may request
6the joint committee on finance to provide supplemental funding under s. 13.101 (3)
7for the appropriation under s. 20.435 (7) (ed) if the department determines that the
8amounts appropriated under s. 20.435 (7) (ed) are insufficient to fully support benefit
9costs under this section. Notwithstanding s. 13.101 (3) (a) 1., the committee may
10provide supplemental funding under this subsection without finding that an
11emergency exists.
AB100-ASA1, s. 1188p 12Section 1188p. 49.775 (2) (bm) of the statutes is amended to read:
AB100-ASA1,510,2113 49.775 (2) (bm) The custodial parent assigns to the state any right of the
14custodial parent or of the dependent child to support from any other person. No
15amount of support that begins to accrue after the individual ceases to receive
16payments under this section may be considered assigned to the state. Any money
17that is received by the department of workforce development under an assignment
18to the state under this paragraph and that is not the federal share of support shall
19be paid to the custodial parent. The department of workforce development shall pay
20the federal share of support assigned under this paragraph as required under federal
21law or waiver.
AB100-ASA1, s. 1189 22Section 1189. 49.78 (8) (a) of the statutes is amended to read:
AB100-ASA1,511,723 49.78 (8) (a) From the appropriation accounts under s. 20.435 (4) (bn) and, (nn),
24and (y)
and subject to par. (b), the department shall reimburse each county and tribal
25governing body that contracts with the department under sub. (2) for reasonable

1costs of administering the income maintenance programs. The amount of each
2reimbursement paid under this paragraph shall be calculated using a formula based
3on workload within the limits of available state and federal funds under s. 20.435 (4)
4(bn) and, (nn), and (y) by contract under sub. (2). The amount of reimbursement
5calculated under this paragraph and par. (b) is in addition to any reimbursement
6provided to a county or tribal governing body for fraud and error reduction under s.
749.197 (1m) and (4) or 49.845.
AB100-ASA1, s. 1189m 8Section 1189m. 49.78 (8) (a) of the statutes, as affected by 2005 Wisconsin Act
9.... (this act), is amended to read:
AB100-ASA1,511,1910 49.78 (8) (a) From the appropriation accounts under s. 20.435 (4) (bn), and (nn),
11and (y)
and subject to par. (b), the department shall reimburse each county and tribal
12governing body that contracts with the department under sub. (2) for reasonable
13costs of administering the income maintenance programs. The amount of each
14reimbursement paid under this paragraph shall be calculated using a formula based
15on workload within the limits of available state and federal funds under s. 20.435 (4)
16(bn), and (nn), and (y) by contract under sub. (2). The amount of reimbursement
17calculated under this paragraph and par. (b) is in addition to any reimbursement
18provided to a county or tribal governing body for fraud and error reduction under s.
1949.197 or 49.845.
AB100-ASA1, s. 1190 20Section 1190. 49.78 (11) of the statutes is created to read:
AB100-ASA1,512,821 49.78 (11) Requirement to provide information. (a) 1. The department, a
22county department under s. 46.215, 46.22, or 46.23, or a tribal governing body may
23request from any person in this state information it determines appropriate and
24necessary for determining or verifying eligibility or benefits for a recipient under any
25income maintenance program. Unless access to the information is prohibited or

1restricted by law, or unless the person has good cause, as determined by the
2department in accordance with federal law and regulations, for refusing to
3cooperate, the person shall make a good faith effort to provide the information within
47 days after receiving a request under this paragraph. The department, county
5department, or tribal governing body, or employees of any of them, may not disclose
6information obtained under this subdivision for any purpose not connected with the
7administration of the income maintenance program for which the information was
8requested.
AB100-ASA1,512,129 2. In conjunction with any request for information under subd. 1., including a
10request made by subpoena under par. (b), the department, county department, or
11tribal governing body shall advise the person of the time by which the information
12must be provided.
AB100-ASA1,512,1713 (b) The department, a county department, or a tribal governing body may issue
14a subpoena, in substantially the form authorized under s. 885.02, to compel the
15production of financial information or other documentary evidence for determining
16or verifying eligibility or benefits for a recipient under any income maintenance
17program.
AB100-ASA1,512,1818 (c) A person is not liable to any person for any of the following:
AB100-ASA1,512,2119 1. Allowing access to financial or other records by the department, a county
20department, or a tribal governing body in response to a request under par. (a) or a
21subpoena described in par. (b).
AB100-ASA1,512,2422 2. Disclosing information from financial or other records to the department, a
23county department, or a tribal governing body in response to a request under par. (a)
24or a subpoena described in par. (b).
AB100-ASA1,513,5
13. Any other action taken in good faith to comply with this subsection or a
2subpoena described in par. (b) or to comply with a request for information or access
3to records from the department, a county department, or a tribal governing body for
4determining or verifying eligibility or benefits for a recipient under any income
5maintenance program.
AB100-ASA1, s. 1191 6Section 1191. 49.785 (2) of the statutes is amended to read:
AB100-ASA1,513,177 49.785 (2) From the appropriation under s. 20.435 (4) (bn), the department
8shall reimburse a county or applicable tribal governing body or organization for any
9amount that the county or applicable tribal governing body or organization is
10required to pay under sub. (1) if the county or applicable tribal governing body or
11organization complies with sub. (3)
. From the appropriation under s. 20.435 (4) (bn),
12the department shall reimburse a county or applicable tribal governing body or
13organization for cemetery expenses or for funeral and burial expenses for persons a
14person
described under sub. (1) that the county or applicable tribal governing body
15or organization is not required to pay under subs. (1) and (1m) only if the department
16approves the reimbursement due to unusual circumstances and if the county or
17applicable tribal governing body or organization complies with sub. (3)
.
AB100-ASA1, s. 1191c 18Section 1191c. 49.785 (3) of the statutes is created to read:
AB100-ASA1,513,2219 49.785 (3) As a condition for reimbursement under sub. (2) for amounts paid
20on behalf of a deceased recipient, a county or applicable tribal governing body or
21organization shall provide to the department all of the following information with
22respect to the deceased recipient:
AB100-ASA1,513,2323 (a) The total cemetery expenses.
AB100-ASA1,513,2424 (b) The total funeral and burial expenses.
AB100-ASA1,514,3
1(c) The total amount of each of the expenses under pars. (a) and (b) that the
2county or tribal governing body or organization paid on behalf of the deceased
3recipient.
AB100-ASA1, s. 1192 4Section 1192. 49.79 (9) of the statutes is repealed.
AB100-ASA1, s. 1193 5Section 1193. 49.82 (2) of the statutes is amended to read:
AB100-ASA1,514,116 49.82 (2) Eligibility verification. Proof shall be provided for each person
7included in an application for public assistance under this chapter, except for a child
8who is eligible for medical assistance under s. 49.46 or 49.47 because of 42 USC 1396a
9(e) (4) or an unborn child who is eligible for coverage under the Badger Care health
10care program under s. 49.665 (4) (ap)
, of his or her social security number or that an
11application for a social security number has been made.
AB100-ASA1, s. 1194 12Section 1194. 49.83 of the statutes is amended to read:
AB100-ASA1,514,23 1349.83 Limitation on giving information. Except as provided under s. 49.32
14(9), (10), and (10m), no person may use or disclose information concerning applicants
15and recipients of relief funded by a relief block grant, aid to families with dependent
16children, Wisconsin works Works under ss. 49.141 to 49.161, social services, child
17and spousal support and establishment of paternity and medical support liability
18services under s. 49.22, or supplemental payments under s. 49.77 for any purpose not
19connected with the administration of the programs, except that the department of
20workforce development may disclose such information to the department of revenue
21for the sole purpose of administering state taxes
. Any person violating this section
22may be fined not less than $25 nor more than $500 or imprisoned in the county jail
23not less than 10 days nor more than one year or both.
AB100-ASA1, s. 1195 24Section 1195. 49.845 of the statutes is created to read:
AB100-ASA1,515,19
149.845 Fraud investigation and error reduction. (1) Fraud
2investigation.
From the appropriations under s. 20.435 (4) (bn), (kz), (L), and (nn),
3the department of health and family services shall establish a program to investigate
4suspected fraudulent activity on the part of recipients of medical assistance under
5subch. IV, food stamp benefits under the food stamp program under 7 USC 2011 to
62036, supplemental security income payments under s. 49.77, payments for the
7support of children of supplemental security income recipients under s. 49.775, and
8health care benefits under the Badger Care health care program under s. 49.665 and,
9if the department of workforce development contracts with the department of health
10and family services under sub. (4), on the part of recipients of aid to families with
11dependent children under s. 49.19 and participants in the Wisconsin Works program
12under ss. 49.141 to 49.161. The activities of the department of health and family
13services under this subsection may include comparisons of information provided to
14the department by an applicant and information provided by the applicant to other
15federal, state, and local agencies, development of an advisory welfare investigation
16prosecution standard, and provision of funds to county departments under ss.
1746.215, 46.22, and 46.23 and to Wisconsin Works agencies to encourage activities to
18detect fraud. The department of health and family services shall cooperate with
19district attorneys regarding fraud prosecutions.
AB100-ASA1,516,3 20(2) State error reduction activities. The department of health and family
21services shall conduct activities to reduce payment errors in the Medical Assistance
22program under subch. IV, the food stamp program under 7 USC 2011 to 2036, the
23supplemental security income payments program under s. 49.77, the program
24providing payments for the support of children of supplemental security income
25recipients under s. 49.775, and the Badger Care health care program under s. 49.665

1and, if the department of workforce development contracts with the department of
2health and family services under sub. (4), in Wisconsin Works under ss. 49.141 to
349.161.
AB100-ASA1,516,9 4(3) Wisconsin Works agency error reduction. If the department of workforce
5development contracts with the department of health and family services under sub.
6(4), the department of health and family services shall provide funds from the
7appropriation under s. 20.435 (4) (kz) to Wisconsin Works agencies to offset the
8administrative costs of reducing payment errors in Wisconsin Works under ss.
949.141 to 49.161.
AB100-ASA1,516,16 10(4) Contract for Wisconsin Works. Notwithstanding s. 49.197 (1m) and (3),
11the department of workforce development may contract with the department of
12health and family services to investigate suspected fraudulent activity on the part
13of recipients of aid to families with dependent children under s. 49.19 and
14participants in Wisconsin Works under ss. 49.141 to 49.161 and to conduct activities
15to reduce payment errors in Wisconsin Works under ss. 49.141 to 49.161, as provided
16in this section.
AB100-ASA1, s. 1196 17Section 1196. 49.847 of the statutes is created to read:
AB100-ASA1,516,23 1849.847 Recovery of incorrect payments under certain public
19assistance programs.
(1) Subject to ss. 49.497 (1) and 49.793 (1), the department
20of health and family services, or a county or elected governing body of a federally
21recognized American Indian tribe or band acting on behalf of the department, may
22recover benefits incorrectly paid under any of the programs administered by the
23department under this chapter.
AB100-ASA1,517,3 24(2) The department, county, or elected governing body may recover an
25overpayment from a family or individual who continues to receive benefits under any

1program administered by the department under this chapter by reducing the
2family's or individual's benefit amount. Subject to s. 49.793 (1), the department may
3by rule specify other methods for recovering incorrectly paid benefits.
AB100-ASA1,517,7 4(3) Subject to ss. 49.497 (2) and 49.793 (2), a county or elected governing body
5may retain a portion of an amount recovered under this section due to the efforts of
6an employee or officer of the county, tribe, or band, as provided by the department
7by rule.
AB100-ASA1, s. 1197 8Section 1197. 49.85 (1) of the statutes is amended to read:
AB100-ASA1,517,199 49.85 (1) Department notification requirement. If a county department under
10s. 46.215, 46.22, or 46.23 or a governing body of a federally recognized American
11Indian tribe or band determines that the department of health and family services
12may recover an amount under s. 49.497, 49.793, or 49.847, or that the department
13of workforce development may recover an amount under s. 49.161, or 49.195 (3), or
1449.793,
or collect an amount under s. 49.147 (6) (cm), the county department or
15governing body shall notify the affected department of the determination. If a
16Wisconsin works Works agency determines that the department of workforce
17development may recover an amount under s. 49.161 or 49.195 (3), or collect an
18amount under s. 49.147 (6) (cm), the Wisconsin works Works agency shall notify the
19department of workforce development of the determination.
AB100-ASA1, s. 1198 20Section 1198. 49.85 (2) (a) of the statutes is renumbered 49.85 (2) (a) (intro.)
21and amended to read:
AB100-ASA1,518,322 49.85 (2) (a) (intro.) At least annually, the department of health and family
23services shall certify to the department of revenue the amounts that, based on the
24notifications received under sub. (1) and on other information received by the
25department of health and family services, the department of health and family

1services has determined that it may recover under s. 49.45 (2) (a) 10. or, 49.497,
249.793, or 49.847
, except that the department of health and family services may not
3certify an amount under this subsection unless it all of the following apply:
AB100-ASA1,518,5 41. The department has met the notice requirements under sub. (3) and unless
5its
.
AB100-ASA1,518,7 62. The department's determination has either not been appealed or is no longer
7under appeal.
AB100-ASA1, s. 1199 8Section 1199. 49.85 (2) (a) 3. of the statutes is created to read:
AB100-ASA1,518,109 49.85 (2) (a) 3. If the determination relates to recovery of an amount under s.
1049.497, the determination was rendered to a judgment under s. 49.497 (1m) (b).
AB100-ASA1, s. 1200 11Section 1200. 49.85 (2) (b) of the statutes is amended to read:
AB100-ASA1,518,2012 49.85 (2) (b) At least annually, the department of workforce development shall
13certify to the department of revenue the amounts that, based on the notifications
14received under sub. (1) and on other information received by the department of
15workforce development, the department of workforce development has determined
16that it may recover under ss. 49.161, and 49.195 (3), and 49.793, and collect under
17s. 49.147 (6) (cm), except that the department of workforce development may not
18certify an amount under this subsection unless it has met the notice requirements
19under sub. (3) and unless its determination has either not been appealed or is no
20longer under appeal.
AB100-ASA1, s. 1201 21Section 1201. 49.85 (3) (a) 1. of the statutes is amended to read:
AB100-ASA1,519,222 49.85 (3) (a) 1. Inform the person that the department of health and family
23services intends to certify to the department of revenue an amount that the
24department of health and family services has determined to be due under s. 49.45

1(2) (a) 10. or, 49.497, 49.793, or 49.847, for setoff from any state tax refund that may
2be due the person.
AB100-ASA1, s. 1202 3Section 1202. 49.85 (3) (b) 1. of the statutes is amended to read:
AB100-ASA1,519,84 49.85 (3) (b) 1. Inform the person that the department of workforce
5development intends to certify to the department of revenue an amount that the
6department of workforce development has determined to be due under s. 49.161, or
749.195 (3), or 49.793, or to be delinquent under a repayment agreement for a loan
8under s. 49.147 (6), for setoff from any state tax refund that may be due the person.
AB100-ASA1, s. 1203 9Section 1203. 49.855 (6) of the statutes is amended to read:
AB100-ASA1,519,1310 49.855 (6) If the state implements the child and spousal support and
11establishment of paternity and medical support liability program under ss. 49.22
12and 59.53 (5), the state may act under this section in place of the county child support
13agency under s. 59.53 (5).
AB100-ASA1, s. 1205 14Section 1205. 49.857 (1) (d) 4. of the statutes is amended to read:
AB100-ASA1,519,1815 49.857 (1) (d) 4. A certification, license, training permit, registration, approval
16or certificate issued under s. 49.45 (2) (a) 11., 146.50 (5) (a) or (b), (6g) (a) or (8) (a),
17250.05 (5), 252.23 (2), 252.24 (2), 254.176 (1) or (3) (a), 254.178 (2) (a), 254.20 (2), (3)
18or (4), 254.47 (1), 254.64 (1) (a) or (b), 254.71 (2) or 255.08 (2).
AB100-ASA1, s. 1217r 19Section 1217r. 50.04 (2d) of the statutes is created to read:
AB100-ASA1,519,2220 50.04 (2d) Resident levels of care. The department may not require a nursing
21home to use the criteria for functional eligibility specified in s. 46.286 (1) (a) to
22determine resident levels of care under sub. (2) (d).
AB100-ASA1, s. 1218 23Section 1218. 50.065 (2) (bg) of the statutes is amended to read:
AB100-ASA1,520,724 50.065 (2) (bg) If an entity hires or contracts with a caregiver for whom, within
25the last 4 years, the information required under par. (b) 1. to 3. and 5. has already

1been obtained by another entity, the entity may obtain that information from that
2other entity, which, notwithstanding par. (br), shall provide the information, if
3possible, to the requesting entity. If an entity cannot obtain the information required
4under par. (b) 1. to 3. and 5. from another entity or if an entity has reasonable grounds
5to believe that any information obtained from another entity is no longer accurate,
6the entity shall obtain that information from the sources specified in par. (b) 1. to 3.
7and 5.
AB100-ASA1, s. 1219 8Section 1219. 50.065 (2) (br) of the statutes is created to read:
AB100-ASA1,520,169 50.065 (2) (br) 1. Except as provided in subd. 2, an entity that receives
10information regarding the arrest or conviction of a caregiver from the federal bureau
11of investigation in connection with a criminal history search under this section may
12use the information only to determine whether the caregiver's arrest or conviction
13record disqualifies him or her from serving as a caregiver. An entity is immune from
14civil liability to a caregiver for using arrest or conviction information provided by the
15federal bureau of investigation to make an employment determination regarding the
16caregiver.
AB100-ASA1,520,1917 2. Subdivision 1. does not apply to use by an entity of arrest or conviction
18information that the entity requests from the federal bureau of investigation after
19September 30, 2007.
AB100-ASA1, s. 1220 20Section 1220. 50.065 (8) of the statutes is amended to read:
AB100-ASA1,521,221 50.065 (8) The department may charge a fee for obtaining the information
22required under sub. (2) (am) or (3) (a) or for providing information to an entity to
23enable the entity to comply with sub. (2) (b) or (3) (b). The fee may not exceed the
24reasonable cost of obtaining the information.
No fee may be charged to a nurse's

1assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining the information
2if to do so would be inconsistent with federal law.
AB100-ASA1, s. 1221 3Section 1221. 50.135 (2) (c) of the statutes is amended to read:
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