SB40-CSA1,780,32
49.79
(1) (g) "Wisconsin Works employment position" has the meaning given
3in s. 49.141 (1) (r).
SB40-CSA1, s. 1667
5Section 1667. 49.79 (2) (b) of the statutes is renumbered 49.79 (2) and
6amended to read:
SB40-CSA1,780,97
49.79
(2) An individual who fails to comply with the work requirements of the
8employment and training program under
s. 49.13 (2) (a)
sub. (9) is ineligible to
9participate in the food stamp program as specified under
s. 49.13 (3) sub. (9) (b).
SB40-CSA1,780,1411
49.79
(8m) Applicants from correctional institutions. (a) The department
12shall allow a prisoner who is applying for the food stamp program from a correctional
13institution in anticipation of being released from the institution to use the address
14of the correctional institution as his or her address on the application.
SB40-CSA1,780,1815
(b) The department shall allow an employee of a correctional institution who
16has been authorized by a prisoner of the institution to act on his or her behalf in
17matters related to the food stamp program to receive and conduct telephone calls on
18behalf of the prisoner in matters related to the food stamp program.
SB40-CSA1,780,25
2149.81 Public assistance recipients' bill of rights. (intro.) The department
22of health and family services, the department of
workforce development children and
23families, and all public assistance and relief-granting agencies shall respect rights
24for recipients of public assistance. The rights shall include all rights guaranteed by
25the U.S. constitution and the constitution of this state, and in addition shall include:
SB40-CSA1,781,52
49.81
(4) The right to a speedy determination of the recipient's status or
3eligibility for public assistance, to notice of any proposed change in such status or
4eligibility, and, in the case of assistance granted under s. 49.19, 49.46, 49.468
or, 549.47
, or 49.471, to a speedy appeals process for resolving contested determinations.
SB40-CSA1,781,167
49.82
(1) Departments to advise counties. The department of health and
8family services and the department of
workforce development children and families 9shall advise all county officers charged with the administration of requirements
10relating to public assistance programs under this chapter and shall render all
11possible assistance in securing compliance therewith, including the preparation of
12necessary forms and reports. The department of health and family services and the
13department of
workforce development children and families shall also publish any
14information that those departments consider advisable to acquaint persons entitled
15to public assistance, and the public generally, with the laws governing public
16assistance under this chapter.
SB40-CSA1, s. 1673
17Section
1673. 49.82 (2) of the statutes is renumbered 49.82 (2) (a) and
18amended to read:
SB40-CSA1,781,2519
49.82
(2) (a)
Proof shall be provided
Except as provided in par. (b), for each
20person included in an application for public assistance under this chapter,
except for
21a child who is eligible for medical assistance under s. 49.46 or 49.47 because of 42
22USC 1396a (e) (4) or an unborn child who is eligible for coverage under the Badger
23Care health care program under s. 49.665 (4) (ap), proof shall be provided of his or
24her social security number or that an application for a social security number has
25been made.
SB40-CSA1,782,22
49.82
(2) (b) Paragraph (a) does not apply to any of the following:
SB40-CSA1,782,43
1. A child who is eligible for medical assistance under s. 49.46 or 49.47 because
4of
42 USC 1396a (e) (4).
SB40-CSA1,782,65
2. An unborn child who is eligible for coverage under the Badger Care health
6care program under s. 49.665 (4) (ap).
SB40-CSA1,782,117
3. A person who is applying for medical assistance under subch. IV, coverage
8under the Badger Care health care program under s. 49.665, or coverage under the
9program for prescription drug assistance for elderly persons under s. 49.688 and who
10refuses to obtain a social security number because of well-established religious
11objections, as defined in
42 CFR 435.910 (h) (2).
SB40-CSA1, s. 1675
12Section
1675
. 49.82 (2) (b) 1. of the statutes, as created by 2007 Wisconsin Act
13.... (this act), is amended to read:
SB40-CSA1,782,1514
49.82
(2) (b) 1. A child who is eligible for medical assistance under s. 49.46
or, 1549.47
, or 49.471 because of
42 USC 1396a (e) (4).
SB40-CSA1, s. 1676
16Section
1676
. 49.82 (2) (b) 2. of the statutes, as created by 2007 Wisconsin Act
17.... (this act), is amended to read:
SB40-CSA1,782,1918
49.82
(2) (b) 2. An unborn child who is eligible for coverage under
s. 49.471 or 19the Badger Care health care program under s. 49.665 (4) (ap).
SB40-CSA1,783,6
2149.83 Limitation on giving information. Except as provided under s. 49.32
22(9), (10), and (10m), no person may use or disclose information concerning applicants
23and recipients of relief funded by a relief block grant, aid to families with dependent
24children, Wisconsin Works under ss. 49.141 to 49.161, social services, child and
25spousal support and establishment of paternity and medical support liability
1services under s. 49.22, or supplemental payments under s. 49.77 for any purpose not
2connected with the administration of the programs, except that the department of
3workforce development children and families may disclose such information to the
4department of revenue for the sole purpose of administering state taxes. Any person
5violating this section may be fined not less than $25 nor more than $500 or
6imprisoned in the county jail not less than 10 days nor more than one year or both.
SB40-CSA1,783,98
49.84
(6) (a) In this subsection, "department" means the department of health
9and family services.
SB40-CSA1,783,1510
(b) 1. Notwithstanding any other eligibility requirements for the programs
11specified in par. (c), unless excepted by par. (c) an applicant for or recipient under any
12of those programs who declares himself or herself to be a citizen or national of the
13United States shall provide, as a further condition of eligibility, satisfactory
14documentary evidence, as provided in par. (d), that he or she is a citizen or national
15of the United States.
SB40-CSA1,783,2216
2. An applicant shall provide the documentation at the time of application. If
17a recipient was not required to provide documentation at the time he or she applied,
18the recipient shall provide the documentation the first time his or her eligibility is
19reviewed or redetermined after the effective date of this subdivision .... [revisor
20inserts date]. An applicant or recipient shall be granted a reasonable time, as
21determined by the department, to submit the documentation before his or her
22eligibility is denied or terminated.
SB40-CSA1,783,2423
(c) The requirement to provide satisfactory documentary evidence under par.
24(b) applies to applicants for and recipients under all of the following:
SB40-CSA1,784,2
11. The Medical Assistance program under subch. IV, except for any of the
2following:
SB40-CSA1,784,43
a. An applicant or recipient who is entitled to benefits under or enrolled in any
4part of Medicare under
42 USC 1395 et seq., as amended.
SB40-CSA1,784,65
b. An applicant or recipient who is receiving supplemental security income
6under
42 USC 1381 to
1383c.
SB40-CSA1,784,77
c. A person who is eligible for medical assistance under s. 49.45 (27).
SB40-CSA1,784,98
d. A child who is receiving medical assistance under s. 49.46 (1) (a) 13. or 49.47
9(4) (am) 3.
SB40-CSA1,784,1010
e. A pregnant woman who is receiving medical assistance under s. 49.465.
SB40-CSA1,784,1211
2. The Badger Care health care program under s. 49.665, except for an unborn
12child under s. 49.665 (4) (ap).
SB40-CSA1,784,1513
3. The part of the prescription drug assistance for elderly persons program
14under s. 49.688 that is supported by a Medical Assistance waiver under
42 USC 1315 15(a), as authorized under s. 49.688 (11).
SB40-CSA1,784,1816
(d) Satisfactory documentary evidence that an applicant or a recipient is a
17citizen or national of the United States consists of the documents or other forms of
18evidence specified in
42 CFR 435.407.
SB40-CSA1, s. 1679
19Section
1679. 49.84 (6) (c) 1. d. of the statutes, as created by 2007 Wisconsin
20Act .... (this act), is amended to read:
SB40-CSA1,784,2321
49.84
(6) (c) 1. d. A child who is receiving medical assistance under s. 49.46 (1)
22(a) 13.
or, 49.47 (4) (am) 3.
, or 49.471 (4) (a) 2. or (b) 2. or an unborn child receiving
23prenatal care under s. 49.471.
SB40-CSA1, s. 1680
24Section
1680. 49.84 (6) (c) 1. e. of the statutes, as created by 2007 Wisconsin
25Act .... (this act), is amended to read:
SB40-CSA1,785,3
149.84
(6) (c) 1. e. A pregnant woman who is receiving medical assistance under
2s. 49.465
or a child or pregnant woman who is receiving medical assistance under s.
349.471 (5) (b) 1. or 2.
SB40-CSA1,785,235
49.845
(1) Fraud investigation. From the appropriations under s. 20.435 (4)
6(bn), (kz), (L), and (nn), the department of health and family services shall establish
7a program to investigate suspected fraudulent activity on the part of recipients of
8medical assistance under subch. IV, food stamp benefits under the food stamp
9program under
7 USC 2011 to
2036, supplemental security income payments under
10s. 49.77, payments for the support of children of supplemental security income
11recipients under s. 49.775, and health care benefits under the Badger Care health
12care program under s. 49.665 and, if the department of
workforce development 13children and families contracts with the department of health and family services
14under sub. (4), on the part of recipients of aid to families with dependent children
15under s. 49.19 and participants in the Wisconsin Works program under ss. 49.141 to
1649.161. The activities of the department of health and family services under this
17subsection may include comparisons of information provided to the department by
18an applicant and information provided by the applicant to other federal, state, and
19local agencies, development of an advisory welfare investigation prosecution
20standard, and provision of funds to county departments under ss. 46.215, 46.22, and
2146.23 and to Wisconsin Works agencies to encourage activities to detect fraud. The
22department of health and family services shall cooperate with district attorneys
23regarding fraud prosecutions.
SB40-CSA1,786,9
149.845
(2) State error reduction activities. The department of health and
2family services shall conduct activities to reduce payment errors in the Medical
3Assistance program under subch. IV, the food stamp program under
7 USC 2011 to
42036, the supplemental security income payments program under s. 49.77, the
5program providing payments for the support of children of supplemental security
6income recipients under s. 49.775, and the Badger Care health care program under
7s. 49.665 and, if the department of
workforce development children and families 8contracts with the department of health and family services under sub. (4), in
9Wisconsin Works under ss. 49.141 to 49.161.
SB40-CSA1,786,1611
49.845
(3) Wisconsin Works agency error reduction. If the department of
12workforce development children and families contracts with the department of
13health and family services under sub. (4), the department of health and family
14services shall provide funds from the appropriation under s. 20.435 (4) (kz) to
15Wisconsin Works agencies to offset the administrative costs of reducing payment
16errors in Wisconsin Works under ss. 49.141 to 49.161.
SB40-CSA1,786,2418
49.845
(4) Contract for Wisconsin Works. Notwithstanding s. 49.197 (1m)
19and (3), the department of
workforce development
children and families may
20contract with the department of health and family services to investigate suspected
21fraudulent activity on the part of recipients of aid to families with dependent
22children under s. 49.19 and participants in Wisconsin Works under ss. 49.141 to
2349.161 and to conduct activities to reduce payment errors in Wisconsin Works under
24ss. 49.141 to 49.161, as provided in this section.
SB40-CSA1,787,12
149.85
(1) Department notification requirement. If a county department under
2s. 46.215, 46.22, or 46.23 or a governing body of a federally recognized American
3Indian tribe or band determines that the department of health and family services
4may recover an amount under s. 49.497, 49.793, or 49.847, or that the department
5of
workforce development children and families may recover an amount under s.
649.161 or 49.195 (3) or collect an amount under s. 49.147 (6) (cm), the county
7department or governing body shall notify the affected department of the
8determination. If a Wisconsin Works agency determines that the department of
9workforce development children and families may recover an amount under s. 49.161
10or 49.195 (3), or collect an amount under s. 49.147 (6) (cm), the Wisconsin Works
11agency shall notify the department of
workforce development children and families 12of the determination.
SB40-CSA1,787,2314
49.85
(2) (b) At least annually, the department of
workforce development 15children and families shall certify to the department of revenue the amounts that,
16based on the notifications received under sub. (1) and on other information received
17by the department of
workforce development children and families, the department
18of
workforce development children and families has determined that it may recover
19under ss. 49.161 and 49.195 (3) and collect under s. 49.147 (6) (cm), except that the
20department of
workforce development children and families may not certify an
21amount under this subsection unless it has met the notice requirements under sub.
22(3) and unless its determination has either not been appealed or is no longer under
23appeal.
SB40-CSA1, s. 1687
24Section
1687. 49.85 (3) (b) (intro.) of the statutes is amended to read:
SB40-CSA1,788,4
149.85
(3) (b) (intro.) At least 30 days before certification of an amount, the
2department of
workforce development children and families shall send a notice to the
3last-known address of the person from whom that department intends to recover or
4collect the amount. The notice shall do all of the following:
SB40-CSA1,788,116
49.85
(3) (b) 1. Inform the person that the department of
workforce
7development children and families intends to certify to the department of revenue
8an amount that the department of
workforce development
children and families has
9determined to be due under s. 49.161 or 49.195 (3) or to be delinquent under a
10repayment agreement for a loan under s. 49.147 (6), for setoff from any state tax
11refund that may be due the person.
SB40-CSA1,788,1613
49.85
(3) (b) 2. Inform the person that he or she may appeal the determination
14of the department of
workforce development children and families to certify the
15amount by requesting a hearing under sub. (4) within 30 days after the date of the
16letter and inform the person of the manner in which he or she may request a hearing.
SB40-CSA1,788,2118
49.85
(3) (b) 3. Inform the person that, if the determination of the department
19of
workforce development children and families is appealed, that department will
20not certify the amount to the department of revenue while the determination of the
21department of
workforce development children and families is under appeal.
SB40-CSA1,789,323
49.85
(3) (b) 4. Inform the person that, unless a contested case hearing is
24requested to appeal the determination of the department of
workforce development 25children and families, the person may be precluded from challenging any subsequent
1setoff of the certified amount by the department of revenue, except on the grounds
2that the certified amount has been partially or fully paid or otherwise discharged,
3since the date of the notice.
SB40-CSA1,789,75
49.85
(3) (b) 5. Request that the person inform the department of
workforce
6development children and families if a bankruptcy stay is in effect with respect to the
7person or if the claim has been discharged in bankruptcy.
SB40-CSA1,789,149
49.85
(4) (b) If a person has requested a hearing under this subsection, the
10department of
workforce development children and families shall hold a contested
11case hearing under s. 227.44, except that the department of
workforce development 12children and families may limit the scope of the hearing to exclude issues that were
13presented at a prior hearing or that could have been presented at a prior opportunity
14for hearing.
SB40-CSA1,789,2516
49.85
(5) Effect of certification. Receipt of a certification by the department
17of revenue shall constitute a lien, equal to the amount certified, on any state tax
18refunds or credits owed to the obligor. The lien shall be foreclosed by the department
19of revenue as a setoff under s. 71.93. Certification of an amount under this section
20does not prohibit the department of health and family services or the department of
21workforce development children and families from attempting to recover or collect
22the amount through other legal means. The department of health and family
23services or the department of
workforce development
children and families shall
24promptly notify the department of revenue upon recovery or collection of any amount
25previously certified under this section.
SB40-CSA1, s. 1695
1Section
1695. 49.852 (1) of the statutes is renumbered 49.852 (1m) and
2amended to read:
SB40-CSA1,790,123
49.852
(1m) The department
of workforce development may direct the
4department of employee trust funds, the retirement system of any 1st class city, any
5retirement system established under
chapter 201, laws of 1937, or the administrator
6of any other pension plan to withhold the amount specified in the statewide support
7lien docket under s. 49.854 (2) (b) from any lump sum payment from a pension plan
8that may be paid a delinquent support obligor, except that the department
of
9workforce development may not direct that an amount be withheld under this
10subsection unless it has met the notice requirements under sub. (2) and unless the
11amount specified has either not been appealed or is no longer under appeal under s.
1249.854.
SB40-CSA1,790,1514
49.852
(1c) In this section, "department" means the department of children
15and families.
SB40-CSA1, s. 1697
16Section
1697. 49.852 (2) (intro.) of the statutes is amended to read:
SB40-CSA1,790,2017
49.852
(2) (intro.) The department
of workforce development shall send a
18notice to the last-known address of the person from whom the department intends
19to recover the amount specified in the statewide support lien docket under s. 49.854
20(2) (b). The notice shall do all of the following:
SB40-CSA1,790,2422
49.852
(2) (c) Request that the person inform the department
of workforce
23development or the appropriate county child support agency under s. 59.53 (5) if a
24bankruptcy stay is in effect with respect to the person.
SB40-CSA1,791,17
149.852
(3) If a person has requested a hearing pursuant to sub. (2) (b), the
2hearing shall be conducted before the circuit court that rendered the initial order to
3pay support. The court shall schedule a hearing within 10 business days after
4receiving a request for a hearing. A circuit court commissioner may conduct the
5hearing. If the court determines that the person owes the amount specified in the
6statewide support lien docket under s. 49.854 (2) (b), the department
of workforce
7development may direct the department of employee trust funds, the retirement
8system of any 1st class city, any retirement system established under
chapter 201,
9laws of 1937, or the administrator of any other pension plan, whichever is
10appropriate, to withhold the amount from any lump sum payment from a pension
11plan that may be paid the person. If the court determines that the person does not
12owe the amount specified in the statewide support lien docket under s. 49.854 (2) (b),
13the department
of workforce development may not direct the department of
14employee trust funds, the retirement system of any 1st class city, any retirement
15system established under
chapter 201, laws of 1937, or the administrator of any
16other pension plan, whichever is appropriate, to withhold the amount from any lump
17sum payment from a pension plan that may be paid the person.
SB40-CSA1,791,2519
49.852
(4) (a) If the department
of workforce development directs the
20department of employee trust funds, the retirement system of any 1st class city, any
21retirement system established under
chapter 201, laws of 1937, or the administrator
22of any other pension plan to withhold the amount specified in the statewide support
23lien docket under s. 49.854 (2) (b), this directive shall constitute a lien, equal to the
24amount specified in the statewide support lien docket, on any lump sum payment
25from a pension plan that may be paid the person.
