AB40-ASA1,1201
7Section
1201. 49.682 (1) (e) of the statutes is created to read:
AB40-ASA1,626,128
49.682
(1) (e) 1. "Property of a decedent" means all real and personal property
9to which the client held any legal title or in which the client had any legal interest
10immediately before death, to the extent of that title or interest, including assets
11transferred to a survivor, heir, or assignee through joint tenancy, tenancy in common,
12survivorship, life estate, living trust, or any other arrangement.
AB40-ASA1,626,1813
2. Notwithstanding subd. 1., "property of a decedent" includes all real and
14personal property in which the nonclient surviving spouse had an ownership interest
15at the client's death and in which the client had a marital property interest with that
16nonclient surviving spouse at any time within 5 years before the client applied for
17aid under s. 49.68, 49.683, or 49.685 or during the time that the recipient was eligible
18for aid under s. 49.68, 49.683, or 49.685.
AB40-ASA1,1202
19Section
1202. 49.682 (2) (a) of the statutes is amended to read:
AB40-ASA1,626,2320
49.682
(2) (a) Except as provided in par. (d), the department shall file a claim
21against the estate of a client
or, and against the estate of
the a nonclient surviving
22spouse
of a client, for the amount of aid under s. 49.68, 49.683
, or 49.685 paid to or
23on behalf of the client.
AB40-ASA1,1203
24Section
1203. 49.682 (2) (bm) of the statutes is created to read:
AB40-ASA1,627,3
149.682
(2) (bm) 1. Property that is subject to the department's claim under par.
2(a) in the estate of a client or in the estate of a nonclient surviving spouse is all
3property of a decedent that is included in the estate.
AB40-ASA1,627,74
2. There is a presumption, which may be rebutted by clear and convincing
5evidence, that all property in the estate of the nonclient surviving spouse was marital
6property held with the client and that 100 percent of the property in the estate of the
7nonclient surviving spouse is subject to the department's claim under par. (a).
AB40-ASA1,1204
8Section
1204. 49.682 (2) (c) (intro.) of the statutes is amended to read:
AB40-ASA1,627,129
49.682
(2) (c) (intro.) The court shall reduce the amount of a claim under par.
10(a) by up to the amount specified in s. 861.33 (2) if necessary to allow the
client's 11decedent's heirs or the beneficiaries of the
client's decedent's will to retain the
12following personal property:
AB40-ASA1,1205
13Section
1205. 49.682 (2) (e) 1. of the statutes is amended to read:
AB40-ASA1,627,2014
49.682
(2) (e) 1. If the department's claim is not allowable because of par. (d)
15and the estate includes an interest in
real property, including a home, the court
16exercising probate jurisdiction shall, in the final judgment or summary findings and
17order, assign the interest in the
home real property subject to a lien in favor of the
18department for the amount described in par. (a). The personal representative or
19petitioner for summary settlement or summary assignment of the estate shall record
20the final judgment as provided in s. 863.29, 867.01 (3) (h)
, or 867.02 (2) (h).
AB40-ASA1,1206
21Section
1206. 49.682 (2) (e) 2. of the statutes is amended to read:
AB40-ASA1,628,322
49.682
(2) (e) 2. If the department's claim is not allowable because of par. (d),
23the estate includes an interest in
real property, including a home
, and the personal
24representative closes the estate by sworn statement under s. 865.16, the personal
25representative shall stipulate in the statement that the
home real property is
1assigned subject to a lien in favor of the department for the amount described in par.
2(a). The personal representative shall record the statement in the same manner as
3described in s. 863.29, as if the statement were a final judgment.
AB40-ASA1,1207
4Section
1207. 49.682 (2) (f) (intro.) of the statutes is amended to read:
AB40-ASA1,628,65
49.682
(2) (f) (intro.) The department may not enforce
the a lien under par. (e)
6as long as any of the following survive the decedent:
AB40-ASA1,1208
7Section
1208. 49.682 (2) (fm) of the statutes is created to read:
AB40-ASA1,628,98
49.682
(2) (fm) All of the following apply to a lien under par. (e) that the
9department may not enforce because of par. (f):
AB40-ASA1,628,1210
1. If the decedent's surviving spouse or child who is under age 21 or disabled
11refinances a mortgage on the real property, the lien is subordinate to the new
12encumbrance.
AB40-ASA1,628,1413
2. The department shall release the lien in the circumstances described in s.
1449.848 (5) (f).
AB40-ASA1,1209
15Section
1209. 49.682 (3) of the statutes is amended to read:
AB40-ASA1,628,2116
49.682
(3) The department shall administer the program under this section
17and may contract with an entity to administer all or a portion of the program,
18including gathering and providing the department with information needed to
19recover payment of aid provided under s. 49.68, 49.683
, or 49.685. All funds received
20under this subsection, net of any amount claimed under s.
867.035 (3) 49.849 (5),
21shall be remitted for deposit in the general fund.
AB40-ASA1,1210
22Section
1210. 49.682 (5) of the statutes is amended to read:
AB40-ASA1,629,323
49.682
(5) The department shall promulgate rules establishing standards for
24determining whether the application of this section would work an undue hardship
25in individual cases. If the department determines that the application of this section
1would work an undue hardship in a particular case, the department shall waive
2application of this section in that case.
This subsection does not apply with respect
3to claims against the estates of nonclient surviving spouses.
AB40-ASA1,1211
5Section
1211. 49.78 (1) (b) of the statutes is amended to read:
AB40-ASA1,629,106
49.78
(1) (b) "Income maintenance program" means the Medical Assistance
7program under subch. IV
of ch. 49, the Badger Care health care program under s.
849.665, the food stamp program under
7 USC 2011 to
2036 except for the employment
9and training program described in s. 49.79 (9), or the cemetery, funeral, and burial
10expenses program under s. 49.785.
AB40-ASA1,1211b
11Section 1211b. 49.78 (2) (b) 3. of the statutes is amended to read:
AB40-ASA1,629,1512
49.78
(2) (b) 3. That the department will reimburse a multicounty consortium
13for services provided under the contract
on a risk-adjusted case load basis using a
14method determined by the department that includes the number of cases for which
15the consortium is responsible and the complexity of those cases.
AB40-ASA1,1211c
16Section 1211c. 49.785 (1) (intro.) of the statutes is amended to read:
AB40-ASA1,629,2417
49.785
(1) (intro.) Except as provided in sub. (1m) and subject to s. 49.825, if
18any recipient specified in sub. (1c) dies and the estate of the deceased recipient is
19insufficient to pay the funeral, burial, and cemetery expenses of the deceased
20recipient,
from the appropriation under s. 20.435 (4) (br) the department
or county
21or applicable tribal governing body or organization responsible for burial of the
22recipient shall pay, to the person designated by the department
or county
23department under s. 46.215, 46.22, or 46.23 or applicable tribal governing body or
24organization responsible for the burial of the recipient, all of the following:
AB40-ASA1,1211d
25Section 1211d. 49.785 (1m) (a) of the statutes is amended to read:
AB40-ASA1,630,4
149.785
(1m) (a) If the total cemetery expenses for the recipient exceed $3,500,
2the department
or county or applicable tribal governing body or organization
3responsible for burial of the recipient is not required to make a payment for the
4cemetery expenses under sub. (1) (a).
AB40-ASA1,1211e
5Section 1211e. 49.785 (1m) (b) of the statutes is amended to read:
AB40-ASA1,630,96
49.785
(1m) (b) If the total funeral and burial expenses for the recipient exceed
7$4,500, the department
or county or applicable tribal governing body or organization
8responsible for burial of the recipient is not required to make a payment for funeral
9and burial expenses under sub. (1) (b).
AB40-ASA1,1211f
10Section 1211f. 49.785 (1m) (c) of the statutes is amended to read:
AB40-ASA1,630,1411
49.785
(1m) (c) If a request for payment under sub. (1) is made more than 12
12months after the death of the recipient, the department
or county or applicable tribal
13governing body or organization responsible for burial of the recipient is not required
14to make a payment for cemetery, funeral, or burial expenses.
AB40-ASA1,1211m
17Section 1211m. 49.79 (1) (a) of the statutes is renumbered 49.79 (1) (b).
AB40-ASA1,1211n
18Section 1211n. 49.79 (1) (am) of the statutes is created to read:
AB40-ASA1,630,2019
49.79
(1) (am) "Able-bodied adult" means an individual who is not any of the
20following:
AB40-ASA1,630,2121
1. Younger than 18 years of age.
AB40-ASA1,630,2222
2. Fifty years of age or older.
AB40-ASA1,630,2423
3. Determined by the department to be medically certified as physically or
24mentally unfit for employment, as described in
7 CFR 273.24 (c) (2).
AB40-ASA1,631,3
14. A parent of a household member who is younger than 18 years old, even if
2the household member who is younger than 18 years old is not eligible for food
3stamps.
AB40-ASA1,631,64
5. Residing in a household that includes a household member who is younger
5than 18 years old, even if the household member who is younger than 18 years old
6is not eligible for food stamps.
AB40-ASA1,631,87
6. Exempt from the work requirement under the food stamp program, as
8described in
7 CFR 273.24 (c) (5).
AB40-ASA1,1211v
10Section 1211v. 49.79 (7m) of the statutes is created to read:
AB40-ASA1,631,1711
49.79
(7m) Voluntary reduction in benefits. To the extent permitted under
12federal law, when the department determines that an individual or an individual's
13household is eligible for the food stamp program, or when the department modifies
14the amount of food stamp benefits for which an individual or an individual's
15household is eligible, the department shall allow the individual to elect to receive
16food stamp benefits in an amount that is less than the amount for which the
17individual or the individual's household is eligible.
AB40-ASA1,1212
18Section
1212. 49.79 (9) (a) 1. of the statutes is amended to read:
AB40-ASA1,632,519
49.79
(9) (a) 1. The department shall administer an employment and training
20program for recipients under the food stamp program and may contract with county
21departments under ss. 46.215, 46.22, and 46.23, multicounty consortia,
and with 22local workforce development boards established under 29 USC 2832, tribal
23governing bodies
, or other organizations to carry out the administrative functions.
24The department may contract, or a A county department, multicounty consortium,
25or local workforce development board, tribal governing body
, or other organization
1may subcontract
, with a Wisconsin Works agency or another provider to administer
2the employment and training program under this subsection. Except as provided in
3subds. 2. and 3., the department may require able individuals who are 18 to 60 years
4of age who are not participants in a Wisconsin Works employment position to
5participate in the employment and training program under this subsection.
AB40-ASA1,1213
6Section
1213. 49.79 (9) (a) 2. of the statutes is amended to read:
AB40-ASA1,632,107
49.79
(9) (a) 2. The department may not require an individual who is a recipient
8under the food stamp program and who is the caretaker of a child under the age of
912 weeks 6 to participate in any employment and training program under this
10subsection.
AB40-ASA1,1214
11Section
1214. 49.79 (9) (b) (intro.) of the statutes is amended to read:
AB40-ASA1,632,1412
49.79
(9) (b) (intro.)
An Except as provided in par. (c), an individual who fails
13to comply with the work requirements under par. (a) without good cause is ineligible
14to participate in the food stamp program as follows:
AB40-ASA1,1215
15Section
1215. 49.79 (9) (c) of the statutes is created to read:
AB40-ASA1,632,1816
49.79
(9) (c) If the department implements a policy under sub. (10), par. (b) does
17not apply to an individual who is required to fulfill the work requirement under sub.
18(10) (a).
AB40-ASA1,1215m
19Section 1215m. 49.79 (9) (d) of the statutes is created to read:
AB40-ASA1,632,2320
49.79
(9) (d) On each January 1, beginning on January 1, 2015, the department
21shall provide a report to the appropriate standing committees of the legislature
22under s. 13.172 (3) and to the joint committee on finance that includes the following
23information:
AB40-ASA1,633,3
11. The results of the department's ongoing evaluation of the program under this
2subsection to analyze the employment outcomes for participants in the program, as
3available.
AB40-ASA1,633,64
2. An estimate of the number of able-bodied adults subject to the time limit
5specified in sub. (10) (a) 2. who participated in the program under this subsection in
6the previous 12 months.
AB40-ASA1,633,87
3. The number of able-bodied adults subject to the time limit specified in sub.
8(10) (a) 2. who disenrolled from the food stamp program in the previous 12 months.
AB40-ASA1,633,129
4. A discussion of the impacts of the work requirement policy under sub. (10)
10on the payment error rate under the food stamp program and on the workloads of
11multicounty income maintenance consortia and the Milwaukee Enrollment Services
12Center.
AB40-ASA1,1216
13Section
1216. 49.79 (10) of the statutes is created to read:
AB40-ASA1,633,1614
49.79
(10) Eligibility and work requirements for able-bodied adults. (a) The
15department may implement a policy that complies with
7 CFR 273.24. If the
16department implements a policy under this paragraph, all of the following apply:
AB40-ASA1,633,1917
1. The department shall require an able-bodied adult who is participating in
18the food stamp program to fulfill the work requirement defined under
7 CFR 273.24 19(a) (1).
AB40-ASA1,633,2220
2. If an able-bodied adult does not fulfill the work requirement, the department
21may limit the able-bodied adult's eligibility for food stamps to no more than 3 months
22during a 3-year period.
AB40-ASA1,633,2423
3. The department may exempt up to 15 percent of the able-bodied adults who
24are participating in the food stamp program from the time limit under subd. 2.
AB40-ASA1,634,5
1(b) If the department determines that a waiver, or an amendment to a waiver,
2is necessary to implement a policy that complies with
7 CFR 273.24, the department
3shall request the waiver or the amendment to the waiver from the federal
4department of agriculture to permit the department to implement a policy that
5complies with
7 CFR 273.24 as provided under this subsection.
AB40-ASA1,1217
6Section
1217. 49.826 (2) (a) 3. of the statutes is repealed.
AB40-ASA1,1218
7Section
1218. 49.83 of the statutes is amended to read:
AB40-ASA1,634,22
849.83 Limitation on giving information. Except as provided under ss.
949.25 and 49.32 (9), (10), and (10m), no person may use or disclose information
10concerning applicants and recipients of relief funded by a relief block grant, aid to
11families with dependent children, Wisconsin Works under ss. 49.141 to 49.161, social
12services, child and spousal support and establishment of paternity and medical
13support liability services under s. 49.22, or supplemental payments under s. 49.77
14for any purpose not connected with the administration of the programs, except that
15the
department departments of children and families
and health services may
16disclose
, including by transmitting or granting access to electronic data, such
17information
, including social security numbers, to the department of revenue for the
18sole
purpose purposes of administering state taxes
, including verifying refundable
19individual income tax credits, and collecting debts owed to the department of
20revenue. Any person violating this section may be fined not less than $25 nor more
21than $500 or imprisoned in the county jail not less than 10 days nor more than one
22year or both.
AB40-ASA1,1219
23Section
1219. 49.84 (6) (c) 1. d. of the statutes is amended to read:
AB40-ASA1,635,3
149.84
(6) (c) 1. d. A child who is receiving medical assistance under s. 49.46 (1)
2(a) 13., 49.47 (4) (am) 3., or 49.471 (4) (a) 2. or
(b) 2. 2m. or an unborn child receiving
3prenatal care under s. 49.471.
AB40-ASA1,1220
4Section
1220. 49.84 (7) of the statutes is created to read:
AB40-ASA1,635,55
49.84
(7) (a) In this subsection:
AB40-ASA1,635,66
1. "Department" means the department of health services.
AB40-ASA1,635,87
2. "Medical Assistance" means the Medical Assistance program under subch.
8IV.
AB40-ASA1,635,149
(b) Except as provided in par. (c), for determining eligibility or continued
10eligibility the department shall electronically verify the residence of an applicant for
11or recipient of Medical Assistance. If the department is unable to verify the
12applicant's or recipient's residence electronically, the applicant or recipient must
13provide adequate proof of residency, in the manner determined by the department,
14to be eligible for Medical Assistance.
AB40-ASA1,635,1615
(c) The requirements under par. (b) do not apply with respect to any of the
16following:
AB40-ASA1,635,2017
1. An individual who is receiving benefits under the food stamp program under
187 USC 2011 to
2029 or under the Temporary Assistance for Needy Families block
19grant program and who presented an acceptable form of residency verification for
20receipt of those benefits.
AB40-ASA1,635,2321
2. An individual who resides in a nursing home, intermediate care facility,
22inpatient psychiatric hospital, or other residential care facility and whose care in the
23facility is paid for by Medical Assistance.
AB40-ASA1,636,224
3. A child residing in a foster care placement under the care and placement
25responsibility of a county department under s. 46.215, 46.22, or 46.23 or, in a county
1with a population of 500,000 or more, under the care and placement responsibility
2of the department of children and families.
AB40-ASA1,1221
3Section
1221. 49.848 of the statutes is created to read:
AB40-ASA1,636,5
449.848 Treatment of real property owned by certain public assistance
5recipients. (1) Definitions. In this section:
AB40-ASA1,636,66
(a) "Department" means the department of health services.
AB40-ASA1,636,127
(b) "Public assistance" means any services provided as a benefit under a
8long-term care program, as defined in s. 49.496 (1) (bk), that may be recoverable
9under s. 49.496 (3) (a); medical assistance under subch. IV that may be recoverable
10under s. 49.496 (3) (a); long-term community support services funded under s. 46.27
11(7) that may be recoverable under s. 46.27 (7g) (c) 1.; or aid under s. 49.68, 49.683,
12or 49.685 that may be recoverable under s. 49.682 (2) (a).