AB150: Bill Text

AB150, s. 2732 Section 2732. 49.035 (4) (a) of the statutes is created to read:

AB150,1005,22 49.035 (4) (a) The department, after consulting with all elected tribal governing bodies in this state, shall promulgate rules establishing requirements for filing claims for reimbursement under sub. (1m).

AB150, s. 2733 Section 2733 . 49.035 (4e) (title) of the statutes is created to read:

AB150,1006,2 49.035 (4e) (title) Treatment of certain payments to county hospitals and mental health complexes.

AB150, s. 2734 Section 2734 . 49.035 (4e) (a) of the statutes is amended to read:

AB150,1006,11 49.035 (4e) (a) If claims for eligible general emergency medical relief costs at the maximum rates under subs. (1) and sub. (2) do not exceed the total of the funds available under s. 20.435 (4) (eb) and the payments to county hospitals and county mental health complexes under par. (c) for that fiscal year, the department shall determine the amount of a county's reimbursement from the appropriation under s. 20.435 (4) (eb) by applying the maximum rates under subs. (1) and sub. (2) to the county's eligible costs and subtracting the amount paid to county hospitals and county mental health complexes in the county under par. (c).

AB150, s. 2735 Section 2735 . 49.035 (4e) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1006,21 49.035 (4e) (a) If claims for eligible emergency medical relief costs at the maximum rates under sub. (2) do not exceed the total of the funds available under s. 20.435 (4) (eb) (1) (cb) and the payments to county hospitals and county mental health complexes under par. (c) for that fiscal year, the department shall determine the amount of a county's reimbursement from the appropriation under s. 20.435 (4) (eb) (1) (cb) by applying the maximum rates under sub. (2) to the county's eligible costs and subtracting the amount paid to county hospitals and county mental health complexes in the county under par. (c).

****Note: This is reconciled s. 49.035 (4e) (a). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2736 Section 2736 . 49.035 (4e) (b) of the statutes is amended to read:

AB150,1007,9 49.035 (4e) (b) If claims for eligible general emergency medical relief costs at the maximum rates under subs. (1) and sub. (2) do exceed the total of the funds available under s. 20.435 (4) (eb) and the payments to county hospitals and county mental health complexes under par. (c) for that fiscal year, the department shall prorate the funds available under s. 20.435 (4) (eb) among the counties. Under this paragraph, the department shall determine the amount of a county's reimbursement from the appropriation under s. 20.435 (4) (eb) by subtracting the amount paid to county hospitals and county mental health complexes in the county under par. (c) from its prorated share of the funds available under s. 20.435 (4) (eb).

AB150, s. 2737 Section 2737 . 49.035 (4e) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1007,20 49.035 (4e) (b) If claims for eligible emergency medical relief costs at the maximum rates under sub. (2) do exceed the total of the funds available under s. 20.435 (4) (eb) (1) (cb) and the payments to county hospitals and county mental health complexes under par. (c) for that fiscal year, the department shall prorate the funds available under s. 20.435 (4) (eb) (1) (cb) among the counties. Under this paragraph, the department shall determine the amount of a county's reimbursement from the appropriation under s. 20.435 (4) (eb) (1) (cb) by subtracting the amount paid to county hospitals and county mental health complexes in the county under par. (c) from its prorated share of the funds available under s. 20.435 (4) (eb) (1) (cb).

****Note: This is reconciled s. 49.035 (4e) (b). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2738 Section 2738. 49.035 (4e) (c) of the statutes is amended to read:

AB150,1008,4 49.035 (4e) (c) The department shall distribute the payments under s. 49.45 (6y) and (6z) to county hospitals and county mental health complexes that qualify for these payments at the time that the county is paid under par. (a) or (b). For the year for which the payment under par. (a) or (b) is made, the county shall treat the payments to county hospitals and county mental health complexes as reimbursement for general emergency medical relief claims under sub. (4) (b).

AB150, s. 2739 Section 2739. 49.035 (4m) of the statutes is amended to read:

AB150,1008,11 49.035 (4m) (title) Deadline for reimbursement. The department shall reimburse the general emergency medical relief agency for claims submitted under sub. (4) (b) on or before the July 31 immediately following the March 1 filing date or within 30 days after the effective date of the act that provides funding for the general emergency medical relief appropriation from which general emergency medical relief claims for reimbursement are paid, whichever is later.

AB150, s. 2740 Section 2740. 49.035 (5m) of the statutes is amended to read:

AB150,1008,16 49.035 (5m) (title) Uniform reporting system. The department shall establish a uniform reporting system for use by counties and tribal governing bodies to provide the department with case and fiscal information relating to general emergency medical relief costs.

AB150, s. 2741 Section 2741. 49.035 (6) (intro.) of the statutes is amended to read:

AB150,1008,21 49.035 (6) (title) Reimbursement requirements. (intro.) No county or tribal governing body may receive reimbursement for any general emergency medical relief expenditures unless the county or tribal governing body does all of the following:

AB150, s. 2742 Section 2742. 49.035 (6) (am) of the statutes is repealed.

AB150, s. 2743 Section 2743. 49.035 (6) (b) of the statutes is amended to read:

AB150,1009,5 49.035 (6) (b) Develops and files with the department on or before October 1 of each year a an emergency medical cost containment plan for the subsequent calendar year. The plan shall include provisions limiting the inappropriate use of emergency room care and controlling payments to providers and may include provisions on supplying case management services. The department shall approve or disapprove the plan within a reasonable period of time after the plan is timely filed.

AB150, s. 2744 Section 2744. 49.035 (6) (c) of the statutes is amended to read:

AB150,1009,8 49.035 (6) (c) Provides information to the department relating to general emergency medical relief costs.

AB150, s. 2745 Section 2745 . 49.035 (6m) of the statutes is amended to read:

AB150,1009,15 49.035 (6m) (title) Failure to comply with emergency medical relief statutes or rules. Notwithstanding sub. (6), the department may deny any general relief claim for partial reimbursement of eligible emergency medical relief costs under this section if the county or tribal governing body fails to comply with the general emergency medical relief requirements of contained in this chapter or in rules promulgated by the department under s. 49.02 (7) (a).

AB150, s. 2746 Section 2746 . 49.035 (6m) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1009,22 49.035 (6m) Notwithstanding sub. (6), the department may deny any claim for partial reimbursement of eligible emergency medical relief costs under this section if the county or tribal governing body fails to comply with the emergency medical relief requirements contained in this chapter subchapter or in rules promulgated by the department under s. 49.02 (7) (a).

****Note: This is reconciled s. 49.035 (6m). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2747 Section 2747. 49.035 (7) of the statutes is repealed.

AB150, s. 2748 Section 2748. 49.037 of the statutes is repealed.

AB150, s. 2749 Section 2749. 49.043 of the statutes is renumbered 66.182 and amended to read:

AB150,1010,7 66.182 Health insurance for unemployed persons. Any municipality city, village, town or county may purchase health or dental insurance for unemployed persons residing in the municipality city, village, town or county who are not eligible for medical assistance under s. 49.46, 49.468 or 49.47.

AB150, s. 2750 Section 2750. 49.046 (title) of the statutes is repealed.

AB150, s. 2751 Section 2751. 49.046 (1) (intro.) of the statutes is repealed.

AB150, s. 2752 Section 2752. 49.046 (1) (a) of the statutes is renumbered 49.01 (1g).

****Note: This is reconciled s. 49.046 (1) (a). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2753 Section 2753. 49.046 (1) (b) of the statutes is renumbered 49.01 (8L).

****Note: This is reconciled s. 49.046 (1) (b). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2754 Section 2754. 49.046 (2) of the statutes is repealed.

AB150, s. 2755 Section 2755. 49.046 (3) of the statutes is repealed.

AB150, s. 2756 Section 2756. 49.046 (4) of the statutes is repealed.

AB150, s. 2757 Section 2757. 49.046 (5) of the statutes is repealed.

AB150, s. 2758 Section 2758. 49.047 of the statutes is repealed.

AB150, s. 2759 Section 2759. 49.048 of the statutes is repealed.

AB150, s. 2760 Section 2760. 49.049 of the statutes is repealed.

AB150, s. 2761 Section 2761. 49.05 of the statutes is repealed.

AB150, s. 2762 Section 2762. 49.053 of the statutes is repealed.

AB150, s. 2763 Section 2763. 49.055 of the statutes is repealed.

AB150, s. 2764 Section 2764. 49.057 of the statutes is repealed.

AB150, s. 2765 Section 2765. 49.06 of the statutes is repealed.

AB150, s. 2766 Section 2766 . 49.08 of the statutes is amended to read:

AB150,1011,22 49.08 (title) Recovery of general relief paid. If any person is the owner of property at the time of receiving general relief under this chapter or ch. 49, 1993 stats., emergency medical relief under this chapter or relief as an inmate of any county or municipal institution in which the state is not chargeable with all or a part of the inmate's maintenance or as a tuberculosis patient provided for in ss. 58.06 and 252.07 to 252.10, or at any time thereafter, or if the person becomes self-supporting, the authorities charged with the care of the dependent, or the board in charge of the institution, may sue for the value of the general relief from the person or the person's estate. Except as otherwise provided in this section, the 10-year statute of limitations may be pleaded in defense in an action to recover general relief. Where the general relief recipient is deceased, a claim may be filed against the decedent's estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable. The court may refuse to render judgment or allow the claim in any case where a parent, spouse, surviving spouse or child is dependent on the property for support. The court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records kept by the municipality, county or institution are prima facie evidence of the value of the general relief furnished. This section shall not apply to any person who receives care for pulmonary tuberculosis as provided in s. 252.08 (4).

****Note: This is reconciled s. 49.08. This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2767 Section 2767 . 49.08 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1012,22 49.08 Recovery of general relief paid. If any person is the owner of property at the time of receiving general relief under ch. 49, 1993 stats., emergency medical relief under this chapter subchapter or relief as an inmate of any county or municipal institution in which the state is not chargeable with all or a part of the inmate's maintenance or as a tuberculosis patient provided for in ss. 58.06 and 252.07 to 252.10, or at any time thereafter, or if the person becomes self-supporting, the authorities charged with the care of the dependent, or the board in charge of the institution, may sue for the value of the relief from the person or the person's estate. Except as otherwise provided in this section, the 10-year statute of limitations may be pleaded in defense in an action to recover relief. Where the relief recipient is deceased, a claim may be filed against the decedent's estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable. The court may refuse to render judgment or allow the claim in any case where a parent, spouse, surviving spouse or child is dependent on the property for support. The court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records kept by the municipality, county or institution are prima facie evidence of the value of the relief furnished. This section shall not apply to any person who receives care for pulmonary tuberculosis as provided in s. 252.08 (4).

****Note: This is reconciled s. 49.08. This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2768 Section 2768. 49.083 of the statutes is repealed.

AB150, s. 2769 Section 2769. Subchapter III (title) of chapter 49 [precedes 49.11] of the statutes is created to read:

AB150,1013,3 Chapter 49

AB150,1013,5 Subchapter III economic support programs

AB150, s. 2770 Section 2770. 49.11 of the statutes is created to read:

AB150,1013,7 49.11 Definitions. In this subchapter:

AB150,1013,9 (1) "Department" means the department of industry, labor and human relations.

AB150,1013,10 (2) "Secretary" means the secretary of industry, labor and human relations.

AB150, s. 2771 Section 2771. 49.12 (title) of the statutes is renumbered 49.95 (title).

****Note: This is reconciled s. 49.12 (title). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2772 Section 2772. 49.12 (1) of the statutes is renumbered 49.95 (1).

****Note: This is reconciled s. 49.12 (1). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2773 Section 2773. 49.12 (2) of the statutes is renumbered 49.95 (2) and amended to read:

AB150,1013,21 49.95 (2) Any person who wilfully does any act designed to interfere with the proper administration of public assistance shall be fined not less than $10 nor more than $100 or be punished by imprisonment for not less than 10 nor more than 60 days. The acceptance of any supplies or articles furnished to any person as general relief in exchange for or in payment for any alcohol beverages shall be deemed to be a violation of this subsection, but violations of this subsection shall not be limited to such acts.

****Note: This is reconciled s. 49.12 (2). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2774 Section 2774. 49.12 (3) of the statutes is renumbered 49.95 (3).

****Note: This is reconciled s. 49.12 (3). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2775 Section 2775. 49.12 (4m) (intro.) of the statutes is renumbered 49.95 (4m) (intro.).

****Note: This is reconciled s. 49.12 (4m) (intro.). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2776 Section 2776 . 49.12 (4m) (a) of the statutes is renumbered 49.95 (4m) (a) and amended to read:

AB150,1014,11 49.95 (4m) (a) Without legal authority, sends or brings a dependent person to a county, tribal governing body or municipality or advises a dependent person to go to a county, tribal governing body or municipality for the purpose of obtaining general emergency medical relief under s. 49.02, aid to families with dependent children under s. 49.19, medical assistance under ss. 49.45 to 49.47 or food stamps under 7 USC 2011 to 2029.

****Note: This is reconciled s. 49.12 (4m) (a). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2777 Section 2777. 49.12 (4m) (b) of the statutes is renumbered 49.95 (4m) (b) and amended to read:

AB150,1014,15 49.95 (4m) (b) Obtains a pecuniary advantage because the person is brought or sent or goes to the county, tribal governing body or municipality.

****Note: This is reconciled s. 49.12 (4m) (b). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2778 Section 2778. 49.12 (5) of the statutes is renumbered 49.95 (5).

****Note: This is reconciled s. 49.12 (5). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 2779 Section 2779. 49.12 (6) of the statutes is renumbered 49.95 (6).

****Note: This is reconciled s. 49.12 (6). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.