AB75-ASA1,635,2525 2. A private school, as defined in s. 115.001 (3r).
AB75-ASA1,635,26
13. A technical college pursuant to a contract under s. 118.15 (2).
AB75-ASA1,636,42 4. A course of study meeting the standards established by the state
3superintendent of public instruction under s. 115.29 (4) for the granting of a
4declaration of equivalency of high school graduation.
AB75-ASA1, s. 1375 5Section 1375. 49.79 (9) (a) 3. of the statutes is amended to read:
AB75-ASA1,636,106 49.79 (9) (a) 3. The department may not require an individual who is a recipient
7under the food stamp program to participate in any employment and training
8program under this subsection if that individual is enrolled at least half time in a
9school, as defined in s. 49.26 (1) (a) 2., a training program, or an institution of higher
10education.
AB75-ASA1, s. 1376 11Section 1376. 49.797 (2) (a) of the statutes is amended to read:
AB75-ASA1,636,1912 49.797 (2) (a) Except Notwithstanding s. 46.028 and except as provided in par.
13(b) and sub. (8), the department shall administer a statewide program to deliver food
14stamp benefits to recipients of food stamp benefits by an electronic benefit transfer
15system. All suppliers, as defined in s. 49.795 (1) (d), may participate in the delivery
16of food stamp benefits under the electronic benefit transfer system. The department
17shall explore methods by which nontraditional retailers, such as farmers' markets,
18may participate in the delivery of food stamp benefits under the electronic benefit
19transfer system.
AB75-ASA1, s. 1376g 20Section 1376g. 49.826 of the statutes is created to read:
AB75-ASA1,636,22 2149.826 Administration of child care provider services in certain
22counties.
(1) Definitions. In this section:
AB75-ASA1,636,2323 (a) "County" means a county having a population of 500,000 or more.
AB75-ASA1,636,2424 (b) "Department" means the department of children and families.
AB75-ASA1,636,2525 (c) "Secretary" means the secretary of children and families.
AB75-ASA1,636,26
1(d) "Unit" means the child care provider services unit.
AB75-ASA1,637,4 2(2) Establishment of unit. (a) The department may establish a child care
3provider services unit under s. 15.02 (3) (c) 3. to perform any of the following
4administrative functions under the program under s. 49.155 in a county:
AB75-ASA1,637,55 1. Certify day care providers under s. 48.651.
AB75-ASA1,637,66 2. Provide child care program integrity services under s. 49.197 (2).
AB75-ASA1,637,97 3. Annually perform a survey of market child care rates, as directed by the
8department, and determine maximum reimbursement rates, if the department so
9directs.
AB75-ASA1,637,1210 4. Assist individuals who are eligible for child care subsidies under s. 49.155
11to identify available child care providers and select appropriate child care
12arrangements.
AB75-ASA1,637,1513 (b) The department may enter into a contract with a county that provides for
14the performance by the county of any of the administrative functions under this
15subsection in the county.
AB75-ASA1,637,1716 (c) The department shall reimburse a county for all approved, allowable costs
17that are incurred by the county under a contract with the department under par. (b).
AB75-ASA1,637,24 18(3) Division of employment-related functions. (a) Supervisory personnel in
19the unit shall be state employees. Nonsupervisory staff performing services under
20this section for the unit in a county may be a combination of state employees and
21employees of the county. For the performance of services under this section for the
22unit, a county shall maintain no fewer represented authorized full-time employee
23positions than the number of represented full-time employee positions that were
24authorized on February 1, 2009, for performance of the same types of services.
AB75-ASA1,638,4
1(b) 1. The department shall have the authority to hire, transfer, suspend, lay
2off, recall, promote, discharge, assign, reward, discipline, and adjust grievances with
3respect to, and state supervisory employees may supervise, county employees
4performing services under this section for the unit.
AB75-ASA1,638,75 2. For the purposes under subd. 1., the department shall use the same process
6and procedures under ch. 230 that are used for the classified service of the state civil
7service system, including specifically the use of probationary periods under s. 230.28.
AB75-ASA1,638,108 3. County employees performing services under this section for the unit in a
9county shall be subject to the residency requirements that apply to other county
10employees under the county's civil service rules.
AB75-ASA1,638,1611 4. The department may enter into a memorandum of understanding, as
12described under s. 111.70 (3p), with the certified representative of the county
13employees performing services under this section in the county for the unit. If there
14is a dispute as to hours or conditions of employment that remains between the
15department and the certified representative after a good faith effort to resolve it, the
16department may unilaterally resolve the dispute.
AB75-ASA1,638,1917 (c) A county shall perform all administrative tasks related to payroll and
18benefits for the county employees performing services under this section in the
19county for the unit.
AB75-ASA1,638,24 20(4) Treatment of former county employees appointed to state employee
21positions in the unit.
All of the following shall apply to an employee who is appointed
22to a state employee position in the unit after the effective date of this subsection ....
23[LRB inserts date], and who, immediately prior to his or her appointment, was a
24county employee:
AB75-ASA1,639,3
1(a) The employee shall serve any applicable probationary period under s.
2230.28, but shall have his or her seniority with the state computed by treating the
3employee's total service with the county as state service.
AB75-ASA1,639,54 (b) Annual leave for the employee shall accrue at the rate provided in s. 230.35
5using the employee's state service computed under par. (a).
AB75-ASA1,639,146 (c) 1. The employee may remain a participating employee in the retirement
7system established under chapter 201, laws of 1937. To remain under the retirement
8system established under chapter 201, laws of 1937, the employee must exercise this
9option in writing, on a form provided by the department, at the time the employee
10is appointed to a state employee position. The employee shall exercise this option,
11in writing, no later than 10 days after the employee is appointed to a state employee
12position. An employee's decision to remain a participating employee in the
13retirement system established under chapter 201, laws of 1937, is irrevocable during
14the period that the employee is holding a state employee position in the unit.
AB75-ASA1,639,1715 2. The secretary shall pay, on behalf of the employee, all required employer
16contributions under the retirement system established under chapter 201, laws of
171937.
AB75-ASA1,640,218 (d) The employee shall have his or her sick leave accrued with the state
19computed by treating the employee's unused balance of sick leave accrued with the
20county as sick leave accrued in state service, but not to exceed the amount of sick
21leave the employee would have accrued in state service for the same period, if the
22employee is able to provide adequate documentation in accounting for sick leave used
23during the accrual period with the county. Sick leave that transfers under this
24paragraph is not subject to a right of conversion, under s. 40.05 (4) or otherwise, upon

1death or termination of creditable service for payment of health insurance benefits
2on behalf of the employee or the employee's dependents.
AB75-ASA1, s. 1377 3Section 1377. 49.83 of the statutes is amended to read:
AB75-ASA1,640,14 449.83 Limitation on giving information. Except as provided under s. ss.
549.25 and 49.32 (9), (10), and (10m), no person may use or disclose information
6concerning applicants and recipients of relief funded by a relief block grant, aid to
7families with dependent children, Wisconsin Works under ss. 49.141 to 49.161, social
8services, child and spousal support and establishment of paternity and medical
9support liability services under s. 49.22, or supplemental payments under s. 49.77
10for any purpose not connected with the administration of the programs, except that
11the department of children and families may disclose such information to the
12department of revenue for the sole purpose of administering state taxes. Any person
13violating this section may be fined not less than $25 nor more than $500 or
14imprisoned in the county jail not less than 10 days nor more than one year or both.
AB75-ASA1, s. 1378 15Section 1378. 49.84 (3) of the statutes is repealed.
AB75-ASA1, s. 1379 16Section 1379. 49.84 (4) of the statutes is repealed.
AB75-ASA1, s. 1380 17Section 1380. 49.895 of the statutes is created to read:
AB75-ASA1,640,18 1849.895 Insurance claim intercept. (1) In this section:
AB75-ASA1,640,2119 (a) "Medical assistance liability" means an amount that the department of
20health services may recover under s. 49.497, 49.847, or 49.89, excluding an amount
21under s. 49.497 (1r).
AB75-ASA1,640,2322 (b) "Support liability" means an amount that is entered in the statewide
23support lien docket under s. 49.854.
AB75-ASA1,641,3
1(2) Subject to sub. (5), before paying an insurance claim of $500 or more to any
2individual, an insurer that is authorized to do business in this state shall do all of
3the following:
AB75-ASA1,641,64 (a) Verify with the department of health services, in the manner required by
5that department, whether the individual to whom the claim is to be paid has a
6medical assistance liability.
AB75-ASA1,641,87 (b) Check the statewide support lien docket to determine whether the
8individual to whom the claim is to be paid has a support liability.
AB75-ASA1,641,11 9(3) If an individual to whom a claim of $500 or more is to be paid has a support
10liability or a medical assistance liability, or both, the insurer shall distribute the
11claim proceeds as follows:
AB75-ASA1,641,1412 (a) First, if there is a support liability, to the department of children and
13families to pay the support liability, up to the amount of the support liability or the
14amount of the claim, whichever is less.
AB75-ASA1,641,1715 (b) Next, if there is a medical assistance liability, to the department of health
16services to pay the medical assistance liability, up to the amount of the medical
17assistance liability or the amount of the claim proceeds remaining, whichever is less.
AB75-ASA1,641,1818 (c) Last, to the individual, the remainder of the claim proceeds, if any.
AB75-ASA1,641,23 19(4) The department of health services shall promulgate rules for the
20administration of this section, including procedures for insurers to follow and any
21notice and hearing requirements. Notwithstanding s. 227.24 (3), the rules under this
22subsection may be promulgated as emergency rules under s. 227.24 without a finding
23of emergency.
AB75-ASA1,641,25 24(5) (a) Except as provided in par. (b), this section applies only to the following
25types of insurance payments:
AB75-ASA1,641,26
11. Motor vehicle insurance payments.
AB75-ASA1,642,22 2. Casualty insurance payments.
AB75-ASA1,642,33 3. Liability insurance payments.
AB75-ASA1,642,44 4. Malpractice insurance payments.
AB75-ASA1,642,55 5. Worker's compensation insurance payments.
AB75-ASA1,642,66 (b) This section does not apply to the following types of insurance payments:
AB75-ASA1,642,77 1. Life insurance payments.
AB75-ASA1,642,98 2. Property insurance payments, including homeowner's and renter's
9insurance payments.
AB75-ASA1,642,1010 3. Long-term care insurance payments.
AB75-ASA1,642,1111 4. Health insurance payments.
AB75-ASA1, s. 1381 12Section 1381. 49.96 of the statutes is amended to read:
AB75-ASA1,642,18 1349.96 Assistance grants exempt from levy. All grants of aid to families with
14dependent children, payments made under ss. 48.57 (3m) or (3n), 49.148 (1) (b) 1. or
15(c) or (1m) or 49.149 to 49.159, payments made for social services, cash benefits paid
16by counties under s. 59.53 (21), and benefits under s. 49.77 or federal Title XVI, are
17exempt from every tax, and from execution, garnishment, attachment , and every
18other process and shall be inalienable.
AB75-ASA1, s. 1382 19Section 1382. 50.01 (1) (intro.) of the statutes is amended to read:
AB75-ASA1,642,2120 50.01 (1) (intro.) "Adult family home" means one of the following and does not
21include a place that is specified in sub. (1g) (a) to (d), (f), or (g)
:
AB75-ASA1, s. 1383 22Section 1383. 50.01 (1) (a) 1. of the statutes is amended to read:
AB75-ASA1,643,723 50.01 (1) (a) 1. Care and maintenance above the level of room and board but
24not including nursing care are provided in the private residence by the care provider
25whose primary domicile is this residence for 3 or 4 adults, or more adults if all of the

1adults are siblings, each of whom has a developmental disability, as defined in s.
251.01 (5), or, if the residence is licensed as a foster home, care and maintenance are
3provided to children, the combined total of adults and children so served being no
4more than 4, or more adults or children if all of the adults or all of the children are
5siblings, or, if the residence is licensed as a treatment foster home, care and
6maintenance are provided to children, the combined total of adults and children so
7served being no more than 4
.
AB75-ASA1, s. 1384 8Section 1384. 50.01 (1) (a) 2. of the statutes is amended to read:
AB75-ASA1,643,119 50.01 (1) (a) 2. The private residence was licensed under s. 48.62 as a foster
10home or treatment foster
home for the care of the adults specified in subd. 1. at least
1112 months before any of the adults attained 18 years of age.
AB75-ASA1, s. 1385 12Section 1385. 50.01 (1) (b) of the statutes is amended to read:
AB75-ASA1,643,1713 50.01 (1) (b) A place where 3 or 4 adults who are not related to the operator
14reside and receive care, treatment or services that are above the level of room and
15board and that may include up to 7 hours per week of nursing care per resident.
16"Adult family home" does not include a place that is specified in sub. (1g) (a) to (d),
17(f) or (g).
AB75-ASA1, s. 1386 18Section 1386. 50.01 (1) (c) of the statutes is created to read:
AB75-ASA1,643,2019 50.01 (1) (c) A place in which the operator provides care, treatment, support,
20or service above the level of room and board to up to 2 adults.
AB75-ASA1, s. 1387 21Section 1387. 50.02 (1) of the statutes is amended to read:
AB75-ASA1,644,1022 50.02 (1) Departmental authority. The department may provide uniform,
23statewide licensing, inspection, and regulation of community-based residential
24facilities and nursing homes as provided in this subchapter. The department shall
25certify, inspect, and otherwise regulate adult family homes, as specified under s. ss.

150.031 and
50.032 and shall license adult family homes, as specified under s. 50.033.
2Nothing in this subchapter may be construed to limit the authority of the department
3of commerce or of municipalities to set standards of building safety and hygiene, but
4any local orders of municipalities shall be consistent with uniform, statewide
5regulation of community-based residential facilities. The department may not
6prohibit any nursing home from distributing over-the-counter drugs from bulk
7supply. The department may consult with nursing homes as needed and may provide
8specialized consultations when requested by any nursing home, separate from its
9inspection process, to scrutinize any particular questions the nursing home raises.
10The department shall, by rule, define "specialized consultation".
AB75-ASA1, s. 1389 11Section 1389. 50.03 (5g) (cm) of the statutes is created to read:
AB75-ASA1,644,1812 50.03 (5g) (cm) If the department imposes a sanction on or takes other
13enforcement action against a community-based residential facility for a violation of
14this subchapter or rules promulgated under it, and the department subsequently
15conducts an on-site inspection of the community-based residential facility to review
16the community-based residential facility's action to correct the violation, the
17department may impose a $200 inspection fee on the community-based residential
18facility.
AB75-ASA1, s. 1390 19Section 1390. 50.031 of the statutes is created to read:
AB75-ASA1,644,22 2050.031 Certification of 1-bed and 2-bed adult family homes. (1)
21Definition. In this section, "adult family home" has the meaning given in s. 50.01
22(1) (c).
AB75-ASA1,645,6 23(2) Certification. (a) After the date on which the family care benefit under
24s. 46.286 is first made available in a county, no person may operate an adult family
25home in that county that provides residential care to a recipient of supplemental

1security income under 42 USC 1381 to 1383c, a recipient of the family care benefit
2under s. 46.286, or a recipient of services under s. 46.27 (11), 46.275, 46.277, 46.278,
3or 46.2785, or under any other program operated under a waiver authorized by the
4secretary at the U.S. department of health and human services under 42 USC 1396n
5(b) or (c), unless the adult family home is certified by the department under par. (b)
6or (c).
AB75-ASA1,645,87 (b) The department shall certify an adult family home upon determining that
8the adult family home satisfies standards established under sub. (3).
AB75-ASA1,645,129 (c) The department shall certify an adult family home that was certified to
10receive payment for residential care under s. 46.27 (11), 46.275, 46.277, 46.278, or
1146.2785 by a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 if the
12operator of the adult family home attests to all of the following:
AB75-ASA1,645,1413 1. That the adult family home was certified by the county department and is
14at the same location as when certified by the county department.
AB75-ASA1,645,1515 2. That the adult family home satisfies standards established under sub. (3).
AB75-ASA1,645,1716 (d) Certification under par. (b) or (c) shall be valid until revoked by the
17department.
AB75-ASA1,645,19 18(3) Standards. The department shall establish standards for certification
19under this section.
AB75-ASA1,645,22 20(4) Investigation. The department may investigate complaints that an adult
21family home certified under this section violated a standard for certification under
22sub. (3).
AB75-ASA1,645,25 23(5) Revocation. The department may revoke the certification of an adult
24family home that is certified under this section if the adult family home violates a
25standard established under sub. (3).
AB75-ASA1,646,2
1(6) Fee. The department may charge a fee for certification under sub. (2) (a)
2and a fee for a certification under sub. (2) (b).
AB75-ASA1, s. 1391 3Section 1391. 50.032 (2) of the statutes is amended to read:
AB75-ASA1,646,94 50.032 (2) Regulation. Standards Except as provided in sub. (2d), standards
5for operation of certified adult family homes and procedures for application for
6certification, monitoring, inspection, decertification and appeal of decertification
7under this section shall be under rules promulgated by the department under s.
850.02 (2) (am) 1. An adult family home certification is valid until decertified under
9this section. Certification is not transferable.
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