AB150-engrossed,1007,43
(d) A claim under par. (a) is not allowable if the decedent has a surviving child
4who is under age 21 or disabled or a surviving spouse.
AB150-engrossed,1007,95
(e) If the department's claim is not allowable because of par. (d) and the estate
6includes an interest in a home, the court exercising probate jurisdiction shall, in the
7final judgment, assign the interest in the home subject to a lien in favor of the
8department for the amount described in par. (a). The personal representative shall
9record the final judgment as provided in s. 863.29.
AB150-engrossed,1007,1110
(f) The department may not enforce the lien under par. (e) as long as any of the
11following survive the decedent:
AB150-engrossed,1007,1313
2. A child who is under age 21 or disabled.
AB150-engrossed,1007,1514
(g) The department may enforce a lien under par. (e) by foreclosure in the same
15manner as a mortgage on real property.
AB150-engrossed,1007,21
16(3) The department shall administer the program under this section and may
17contract with an entity to administer all or a portion of the program, including
18gathering and providing the department with information needed to recover
19payment of aid provided under s. 49.48, 49.483 or 49.485. All funds received under
20this subsection, net of any amount claimed under s. 867.035 (3), shall be remitted for
21deposit in the general fund.
AB150-engrossed,1007,24
22(4) (a) The department may recover amounts under this section for the
23provision of aid provided under s. 49.48, 49.483 or 49.485 paid on and after
24September 1, 1995.
AB150-engrossed,1008,2
1(b) The department may file a claim under sub. (2) only with respect to a client
2who dies after September 1, 1995.
AB150-engrossed,1008,7
3(5) The department shall promulgate rules establishing standards for
4determining whether the application of this section would work an undue hardship
5in individual cases. If the department determines that the application of this section
6would work an undue hardship in a particular case, the department shall waive
7application of this section in that case.
AB150-engrossed, s. 3044c
8Section 3044c. 49.482 (title) and (1) (intro.) of the statutes, as created by 1995
9Wisconsin Act .... (this act), are renumbered 49.682 (title) and (1) (intro.).
AB150-engrossed, s. 3044d
10Section 3044d. 49.482 (1) (a) of the statutes, as created by 1995 Wisconsin Act
11.... (this act), is renumbered 49.682 (1) (a) and amended to read:
AB150-engrossed,1008,1312
49.462
(1) (a) "Client" means a person who receives or received aid under s.
1349.48, 49.483 or 49.485 49.68, 49.683 or 49.685.
AB150-engrossed, s. 3044e
14Section 3044e. 49.482 (1) (b) and (c) of the statutes, as created by 1995
15Wisconsin Act .... (this act), are renumbered 49.682 (1) (b) and (c).
AB150-engrossed, s. 3044f
16Section 3044f. 49.482 (2) (a) of the statutes, as created by 1995 Wisconsin Act
17.... (this act), is renumbered 49.682 (2) (a) and amended to read:
AB150-engrossed,1008,2118
49.682
(2) (a) Except as provided in par. (d), the department shall file a claim
19against the estate of a client or against the estate of the surviving spouse of a client
20for the amount of aid under s.
49.48, 49.483 or 49.485
49.68, 49.683 or 49.685 paid
21to or on behalf of the client.
AB150-engrossed, s. 3044g
22Section 3044g. 49.482 (2) (b) to (f) of the statutes, as created by 1995
23Wisconsin Act .... (this act), are renumbered 49.682 (2) (b) to (f).
AB150-engrossed, s. 3044h
24Section 3044h. 49.482 (3) of the statutes, as created by 1995 Wisconsin Act
25.... (this act), is renumbered 49.682 (3) and amended to read:
AB150-engrossed,1009,6
149.682
(3) The department shall administer the program under this section
2and may contract with an entity to administer all or a portion of the program,
3including gathering and providing the department with information needed to
4recover payment of aid provided under s.
49.48, 49.483 or 49.485 49.68, 49.683 or
549.685. All funds received under this subsection, net of any amount claimed under
6s. 867.035 (3), shall be remitted for deposit in the general fund.
AB150-engrossed, s. 3044i
7Section 3044i. 49.482 (4) (a) of the statutes, as created by 1995 Wisconsin Act
8.... (this act), is renumbered 49.682 (4) (a) and amended to read:
AB150-engrossed,1009,119
49.682
(4) (a) The department may recover amounts under this section for the
10provision of aid provided under s.
49.48, 49.483 or 49.485 49.68, 49.683 or 49.685 paid
11on or after September 1, 1995.
AB150-engrossed, s. 3044j
12Section 3044j. 49.482 (4) (b) and (5) of the statutes, as created by 1995
13Wisconsin Act .... (this act), are renumbered 49.682 (4) (b) and (5).
AB150-engrossed,1009,2017
49.683
(1) The department may provide financial assistance for costs of
18medical care of persons over the age of 18 years with the diagnosis of cystic fibrosis
19who meet financial requirements established by the department by rule under s.
2049.487 (1) 49.687 (1).
AB150-engrossed,1010,113
49.685
(4) Eligibility. Any permanent resident of this state who suffers from
4hemophilia or other related congenital bleeding disorder may participate in the
5program if that person meets the requirements of this section and s.
49.487 49.687 6and the standards set by rule under this section and s.
49.487 49.687. The person
7shall enter into an agreement with the comprehensive hemophilia treatment center
8for a maintenance program to be followed by that person as a condition for continued
9eligibility. The physician director or a designee shall, at least once in each 6-month
10period, review the maintenance program and verify that the person is complying
11with the program.
AB150-engrossed, s. 3055
15Section
3055. 49.485 (7) (a) 1. of the statutes is renumbered 49.685 (7) (a) 1.
16and amended to read:
AB150-engrossed,1010,2117
49.685
(7) (a) 1. The percentage of the patient's liability for the reasonable costs
18for blood products and supplies which are determined to be eligible for
19reimbursement under sub. (6) shall be based upon the income and the size of the
20person's family unit, according to standards to be established by the department
21under s.
49.487 49.687.
AB150-engrossed, s. 3061
2Section
3061. 49.486 of the statutes, as affected by 1995 Wisconsin Act .... (this
3act), is renumbered 49.686.
AB150-engrossed,1011,105
49.486
(2) Reimbursement. From the appropriation under s. 20.435 (1) (am),
6the department
shall distribute not more than $375,600 in fiscal year 1993-94 and
7not more than $491,500 in fiscal year 1994-95 to may reimburse or supplement the
8reimbursement of the cost of AZT, the drug pentamidine and any drug approved for
9reimbursement under sub. (4) (c) for an
applying individual who
has HIV infection
10is eligible under sub. (3).
AB150-engrossed,1011,1312
49.486
(3) (f) Is an individual
with an whose annual gross
household income
13of $40,000 or less is at or below 200% of the poverty line.
AB150-engrossed,1011,2217
49.687
(1) The department shall promulgate rules that require a person who
18is eligible for benefits under s.
49.48, 49.483 or 49.485 49.68, 49.683 or 49.685 and
19whose current income exceeds specified limits to obligate or expend specified
20portions of the income for medical care for treatment of kidney disease, cystic fibrosis
21or hemophilia before receiving benefits under s.
49.48, 49.483 or 49.485 49.68, 49.683
22or 49.685.
AB150-engrossed,1012,8
149.687
(2) The department shall develop and implement a sliding scale of
2patient liability for kidney disease aid under s.
49.48 49.68, cystic fibrosis aid under
3s.
49.483 49.683 and hemophilia treatment under s.
49.485 49.685, based on the
4patient's ability to pay for treatment. To ensure that the needs for treatment of
5patients with lower incomes receive priority within the availability of funds under
6s. 20.435 (1) (e), the department shall revise the sliding scale for patient liability by
7January 1, 1994, and shall, every 3 years thereafter by January 1, review and, if
8necessary, revise the sliding scale.
AB150-engrossed,1012,2110
49.49
(6) Recovery. In addition to other remedies available under this section,
11the court may award the department of justice the costs of investigation, an amount
12reasonably necessary to remedy the harmful effects of the violation and the expenses
13of prosecution, including attorney fees, from any person who violates this section.
14The department of justice shall deposit in the state treasury for deposit in the general
15fund all moneys that the court awards to the department or the state under this
16subsection. Ten percent of the money deposited in the general fund that was awarded
17under this subsection for the costs of investigation and the expenses of prosecution,
18including attorney fees, shall be credited to the appropriation account under s.
1920.455 (1) (gh). All of the money deposited in the general fund that was awarded
20under this subsection to remedy the harmful effects of the violation shall be credited
21to the appropriation account under s. 20.455 (1) (gm).
AB150-engrossed, s. 3067
22Section
3067. 49.493 (1) of the statutes is renumbered 49.493 (1) (intro.) and
23amended to read:
AB150-engrossed,1012,2424
49.493
(1) (intro.) In this section
, "uninsured:
AB150-engrossed,1013,3
1(c) "Uninsured health plan" means a partially or wholly uninsured plan,
2including a plan that is subject to
29 USC 1001 to
1461, providing health care
3benefits.
AB150-engrossed,1013,85
49.493
(1) (a) "Department or contract provider" means the department, the
6county providing the medical benefits or assistance or a health maintenance
7organization that has contracted with the department to provide the medical
8benefits or assistance.
AB150-engrossed,1013,1110
49.493
(1) (b) "Medical benefits or assistance" means medical benefits under
11s. 49.02 or 49.046 or medical assistance.
AB150-engrossed,1013,1613
49.493
(2) The providing of medical
benefits or assistance constitutes an
14assignment to the department
or contract provider, to the extent of the medical
15benefits or assistance
benefits provided, for benefits to which the recipient would be
16entitled under any uninsured health plan.
AB150-engrossed,1013,2218
49.493
(3) (d) Impose on the department
or contract provider, as assignee of a
19person or a person's dependent who is covered under the uninsured health plan and
20who is eligible for medical
benefits or assistance, requirements that are different
21from those imposed on any other agent or assignee of a person who is covered under
22the uninsured health plan.
AB150-engrossed,1013,2524
49.493
(4) Benefits provided by an uninsured health plan shall be primary to
25those benefits provided under medical
benefits or assistance.
AB150-engrossed,1014,12
249.495 Jurisdiction of the department of justice. The department of
3justice or the district attorney may institute, manage, control and direct, in the
4proper county, any prosecution for violation of criminal laws affecting the medical
5assistance program including but not limited to laws relating to medical assistance
6contained in this
chapter subchapter and laws affecting the health, safety and
7welfare of recipients of medical assistance. For this purpose the department of
8justice shall have and exercise all powers conferred upon district attorneys in such
9cases. The department of justice or district attorney shall notify the medical
10examining board or the interested affiliated credentialing board of any such
11prosecution of a person holding a license granted by the board or affiliated
12credentialing board.
AB150-engrossed,1014,1715
49.496
(3) (a) 2. a. Home-based or community-based services under
42 USC
161396d (7) and (8) and under any waiver granted under
42 USC 1396n (c) (4) (B)
or
1742 USC 1396u.
AB150-engrossed,1015,719
49.496
(4) Administration. The department may require a county department
20under s. 46.215
or, 46.22
or 46.23 or the governing body of a federally recognized
21American Indian tribe administering medical assistance to gather and provide the
22department with information needed to recover medical assistance under this
23section. The department shall pay to a county department or tribal governing body
24an amount equal to 5% of the recovery collected by the department relating to a
25beneficiary for whom the county department or tribal governing body made the last
1determination of medical assistance eligibility. A county department or tribal
2governing body may use funds received under this subsection only to pay costs
3incurred under this subsection and, if any amount remains, to pay for improvements
4to functions required under s.
46.032 49.33 (2). The department may withhold
5payments under this subsection for failure to comply with the department's
6requirements under this subsection. The department shall treat payments made
7under this subsection as costs of administration of the medical assistance program.
AB150-engrossed,1015,159
49.496
(5) Use of funds. From the appropriation under s. 20.435 (1) (im), the
10department shall pay the amount of the payments under sub. (4) that is not paid from
11federal funds, shall pay to the federal government the amount of the funds recovered
12under this section equal to the amount of federal funds used to pay the benefits
13recovered under this section and shall spend the remainder of the funds recovered
14under this section for medical assistance benefits
administered under s. 49.45 under
15this subchapter.
AB150-engrossed,1015,2017
49.498
(16m) Appeals procedures. Appeals procedures under this section with
18respect to imposition of a remedy, as specified in
42 CFR 488.406 (a) (6), shall be
19consistent with appeals procedures in federal regulations promulgated to interpret
2042 USC 1396r.
AB150-engrossed,1016,53
49.001
(1) In this section, "child "Child care provider" means a child care
4provider that is licensed under s. 48.65 (1), certified under s. 48.651 or established
5or contracted for under s. 120.13 (14).
AB150-engrossed,1016,1511
49.33
(7) County personnel systems. Pursuant to rules promulgated under
12sub.
(2) (4), the department where requested by the county shall delegate to that
13county, without restriction because of enumeration, any or all of the department's
14authority under sub.
(2) (4) to establish and maintain personnel standards including
15salary levels.
AB150-engrossed,1017,218
49.82
(1) (title)
Department Departments to advise counties. The department
19of health and social services and the department of industry, labor and human
20relations shall advise all county officers charged with the administration of
such
21laws of these requirements
relating to public assistance programs under this chapter 22and shall render all possible assistance in securing compliance therewith, including
23the preparation of necessary blanks and reports. The department
of health and
24social services and the department of industry, labor and human relations shall also
25publish such information as it deems advisable to acquaint persons entitled to public
1assistance and the public generally with the laws governing
the same public
2assistance under this chapter.
AB150-engrossed, s. 3089c
3Section 3089c. 49.50 (6e) (title) of the statutes is renumbered 49.191 (1) (title)
4and amended to read: