AB100: Bill Text

AB100,846,8 49.46 (2) (a) 4. d. Home health services, subject to the limitations limitation under s. 49.45 (8) and (8e), or, if a home health agency is unavailable, nursing services, subject to the limitations under s. 49.45 (8e).

AB100, s. 1968 Section 1968. 49.46 (2) (b) 6. j. of the statutes is amended to read:

AB100,846,11 49.46 (2) (b) 6. j. Personal care services, subject to the limitations limitation under s. 49.45 (8e) and (42).

AB100, s. 1969 Section 1969. 49.465 (7) of the statutes is amended to read:

AB100,846,16 49.465 (7) This If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, this section does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100, s. 1970 Section 1970. 49.47 (1) of the statutes is amended to read:

AB100,846,25 49.47 (1) Purpose. Medical assistance as set forth herein shall be provided to persons over 65, if eligible under this section, all disabled children under 18, if eligible under this section, and persons who are blind or disabled , if eligible under this section. Unless a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, medical assistance as set forth herein shall also be provided to all children under 18 who are eligible under this section and, if a child is dependent pursuant to s. 49.19, the relatives enumerated in s. 49.19 with whom the child is living.

AB100, s. 1971 Section 1971. 49.47 (4) (ag) of the statutes is amended to read:

AB100,847,6 49.47 (4) (ag) No If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.153 (1m) (a), no individual is eligible for medical assistance in a month that the individual is eligible for health care coverage under s. 49.153.

AB100, s. 1972 Section 1972. 49.47 (4) (an) of the statutes is amended to read:

AB100,847,11 49.47 (4) (an) Paragraph If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, par. (am) does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d) 49.153 (1m) (a).

AB100, s. 1973 Section 1973. 49.47 (4) (c) 2. of the statutes is amended to read:

AB100,847,22 49.47 (4) (c) 2. Whenever an applicant has excess income under subd. 1. or par. (am), no certification may be issued until the excess income above the applicable limits has been obligated or expended for medical care or for any other type of remedial care recognized under state law or for personal health insurance premiums or both. No If a waiver under s. 49.153 (1m) (a) is granted and in effect or federal legislation that permits the application of s. 49.153 is enacted, no individual is eligible for medical assistance under this subdivision in a month in which the individual is eligible for health care coverage under s. 49.153 beginning on first day of the 6th month beginning after the date stated in the notice under s. 49.153 (1m) (a).

AB100, s. 1974 Section 1974. 49.48 of the statutes is created to read:

AB100,848,3 49.48 Denial, nonrenewal and suspension of certification of service providers based on certain delinquency in payment. (1) The department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, as a condition of issuing or renewing a certification under s. 49.45 (2) (a) 11. as an eligible provider of services.

AB100,848,6 (2) The department may not disclose any information received under sub. (1) to any person except to the department of industry, labor and job development for the purpose of making certifications required under s. 49.857.

AB100,848,14 (3) The department shall deny an application for the issuance or renewal of a certification specified in sub. (1), shall suspend a certification specified in sub. (1) or may, under a memorandum of understanding under s. 49.857 (2), restrict a certification specified in sub. (1) if the department of industry, labor and job development certifies under s. 49.857 that the applicant for or holder of the certificate is delinquent in the payment of court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse.

AB100, s. 1975 Section 1975. 49.496 (5) of the statutes is amended to read:

AB100,848,21 49.496 (5) Use of funds. From the appropriation under s. 20.435 (1) (5) (im), the department shall pay the amount of the payments under sub. (4) that is not paid from federal funds, shall pay to the federal government the amount of the funds recovered under this section equal to the amount of federal funds used to pay the benefits recovered under this section and shall spend the remainder of the funds recovered under this section for medical assistance benefits under this subchapter

AB100, s. 1976 Section 1976. 49.496 (7) of the statutes is created to read:

AB100,849,2 49.496 (7) Instalment payments. If a recovery under sub. (3) does not work an undue hardship on the heirs of the estate, and if the heirs wish to satisfy the recovery claim without selling a nonliquid asset that is subject to recovery, the department may establish a reasonable payment schedule subject to reasonable interest.

AB100, s. 1977 Section 1977. 49.497 (1) of the statutes is amended to read:

AB100,849,17 49.497 (1) The department may recover any payment made incorrectly for benefits specified under s. 49.46, 49.468 or 49.47 if the incorrect payment results from any misstatement or omission of fact by a person supplying information in an application for benefits under s. 49.46, 49.468 or 49.47. The department may also recover if a medical assistance recipient or any other person responsible for giving information on the recipient's behalf fails to report the receipt of income or assets in an amount that would have affected the recipient's eligibility for benefits. The department's right of recovery is against any medical assistance recipient to whom or on whose behalf the incorrect payment was made. The extent of recovery is limited to the amount of the benefits incorrectly granted. The county department under s. 46.215 or, 46.22 or 46.23, the governing body of a federally recognized American Indian tribe administering medical assistance, or a Wisconsin works agency administering medical assistance shall begin recovery actions on behalf of the department according to rules promulgated by the department.

AB100, s. 1978 Section 1978. 49.497 (2) of the statutes is amended to read:

AB100,849,22 49.497 (2) A county or, governing body of a federally recognized American Indian tribe or Wisconsin works agency may retain 15% of benefits distributed under s. 49.46, 49.468 or 49.47 that are recovered under sub. (1) due to the efforts of an employe or officer of the county or, tribe or Wisconsin works agency.

AB100, s. 1979 Section 1979. 49.498 (16) (g) of the statutes is amended to read:

AB100,850,6 49.498 (16) (g) All forfeitures, penalty assessments and interest, if any, shall be paid to the department within 10 days of receipt of notice of assessment or, if the forfeiture, penalty assessment and interest, if any, are contested under par. (f), within 10 days of receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order under sub. (19) (b). The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund. The department shall deposit all penalty assessments and interest in the appropriation under s. 20.435 (1) (6) (g).

AB100, s. 1980 Section 1980. 49.499 (intro.) of the statutes is amended to read:

AB100,850,12 49.499 Nursing facility resident protection. (intro.) From the appropriation under s. 20.435 (1) (6) (g), the department shall contribute to the payment of all of the following, as needed by a resident in a nursing facility, as defined in s. 49.498 (1) (i), that is in violation of s. 49.498 or of a rule promulgated under s. 49.498:

AB100, s. 1981 Section 1981. 49.683 (2) of the statutes is amended to read:

AB100,850,15 49.683 (2) Approved costs for medical care under sub. (1) shall be paid from the appropriation under s. 20.435 (1) (5) (e).

AB100, s. 1982 Section 1982. 49.686 (2) of the statutes is amended to read:

AB100,850,20 49.686 (2) Reimbursement. From the appropriation under s. 20.435 (1) (5) (am), the department may reimburse or supplement the reimbursement of the cost of AZT, the drug pentamidine and any drug approved for reimbursement under sub. (4) (c) for an individual who is eligible under sub. (3).

AB100, s. 1983 Section 1983. 49.687 (2) of the statutes is amended to read:

AB100,851,4 49.687 (2) The department shall develop and implement a sliding scale of patient liability for kidney disease aid under s. 49.68, cystic fibrosis aid under s. 49.683 and hemophilia treatment under s. 49.685, based on the patient's ability to pay for treatment. To ensure that the needs for treatment of patients with lower incomes receive priority within the availability of funds under s. 20.435 (1) (5) (e), the department shall revise the sliding scale for patient liability by January 1, 1994, and shall, every 3 years thereafter by January 1, review and, if necessary, revise the sliding scale.

AB100, s. 1984 Section 1984. 49.775 of the statutes is created to read:

AB100,851,7 49.775 Payments for children of supplemental security income recipients. (1) Definitions. In this section:

AB100,851,8 (a) "Custodial parent" has the meaning given in s. 49.141 (1) (b).

AB100,851,9 (b) "Dependent child" has the meaning given in s. 49.141 (1) (c).

AB100,851,13 (2) Supplemental payments. Subject to sub. (3), from the appropriations under s. 20.435 (7) (ed) and (ky), the department shall make a monthly payment of $77 to a custodial parent for each dependent child of the custodial parent if all of the following conditions are met:

AB100,851,15 (a) The custodial parent is a recipient of supplemental security income under 42 USC 1381 to 1383c or of state supplemental payments under s. 49.77, or both.

AB100,851,18 (b) If the dependent child has 2 custodial parents, each custodial parent receives supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77, or both.

AB100,851,22 (c) The dependent child of the custodian parent meets the eligibility criteria under the aid to families with dependent children program under s. 49.19 (1) to (19) or would meet the eligibility criteria under s. 49.19 but for the application of s. 49.19 (20).

AB100,851,24 (d) The dependent child does not receive supplemental security income under 42 USC 1381 to 1383d.

AB100,851,25 (e) The custodial parent meets any of the following conditions:

AB100,852,3 1. The custodial parent is ineligible for aid under s. 49.19 solely because he or she receives supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77.

AB100,852,6 2. The custodial parent is ineligible for a Wisconsin works employment position, as defined under s. 49.141 (1) (r), solely because of the application of s. 49.145 (2) (i).

AB100,852,9 (3) Two-parent families. In the case of a dependent child who has 2 custodial parents, the department may not make more than one $77 payment per month for that dependent child.

AB100, s. 1985 Section 1985. 49.852 of the statutes is created to read:

AB100,852,20 49.852 Delinquent support payments; pension plans. (1) The department of industry, labor and job development may direct the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan to withhold the amount certified under s. 49.855 (1) from any lump sum payment from a pension plan that may be paid a delinquent support obligor, except that the department of industry, labor and job development may not direct that an amount be withheld under this subsection unless it has met the notice requirements under sub. (2) and unless its certification has either not been appealed or is no longer under appeal.

AB100,852,24 (2) The department of industry, labor and job development shall send a notice to the last-known address of the person from whom the department intends to recover the amount certified under s. 49.855 (1). The notice shall do all of the following:

AB100,853,5 (a) Inform the person that the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan, whichever is appropriate, shall withhold the amount certified under s. 49.855 (1) from any lump sum payment from a pension plan that may be paid the person.

AB100,853,8 (b) Inform the person that he or she may, within 20 days after the date of the notice, by motion, request a court hearing on the issue of whether the person owes the amount certified under s. 49.855 (1).

AB100,853,11 (c) Request that the person inform the department of industry, labor and job development or the appropriate county child support agency under s. 59.53 (5) if a bankruptcy stay is in effect with respect to the person.

AB100,854,2 (3) If a person has requested a hearing pursuant to sub. (2) (b), the hearing shall be conducted before the circuit court that rendered the initial order to pay support. Within 10 days after receiving a request for a hearing, the court shall set the matter for hearing. The family court commissioner may conduct the hearing. If the court determines that the person owes the amount certified under s. 49.855 (1), the department of industry, labor and job development may direct the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan, whichever is appropriate, to withhold the amount from any lump sum payment from a pension plan that may be paid the person. If the court determines that the person does not owe the amount certified under s. 49.855 (1), the department of industry, labor and job development may not direct the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan, whichever is appropriate, to withhold the amount from any lump sum payment from a pension plan that may be paid the person.

AB100,854,8 (4) (a) If the department of industry, labor and job development directs the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan to withhold the amount certified under s. 49.855 (1), this directive shall shall constitute a lien, equal to the amount certified, on any lump sum payment from a pension plan that may be paid the person.

AB100,854,24 (b) If the department of industry, labor and job development directs the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan to withhold the amount certified under s. 49.855 (1), the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan, after verifying the amount certified under s. 49.885 (1), shall deduct from any lump sum payment that may be paid the person the amount that is certified, less any amount specified under par. (d). If the amount certified under s. 49.855 (1), less any amount specified under par. (d), exceeds the lump sum payment, the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan shall deduct the entire lump sum payment, less any withholdings otherwise required by law. The amount deducted under this paragraph shall be remitted to the department of industry, labor and job development.

AB100,855,6 (c) A directive to the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan to withhold the amount certified under s. 49.855 (1) under this section does not prohibit the department of industry, labor and job development from attempting to recover the amount through other legal means.

AB100,855,11 (d) The department of industry, labor and job development shall promptly notify the department of employe trust funds, the retirement system of any 1st class city, any retirement system established under chapter 201, laws of 1937, or the administrator of any other pension plan upon recovery of any amount previously certified under s. 49.855 (1).

AB100, s. 1986 Section 1986. 49.853 of the statutes is created to read:

AB100,855,14 49.853 Financial record matching program. (1) Definitions. In this section:

AB100,855,17 (a) "Account" means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account or money market mutual fund account.

AB100,855,19 (am) "County child support agency" means the county child support agency under s. 59.53 (5).

AB100,855,21 (b) "Department" means the department of industry, labor and job development.

AB100,855,22 (c) "Financial institution" means all of the following:

AB100,855,23 1. A depository institution, as defined in 12 USC 1813 (c).

AB100,855,25 2. An institution-affiliated party, as defined in 12 USC 1813 (u), of a depository institution under subd. 1.

AB100,856,1 3. A federal credit union or state credit union, as defined in 12 USC 1752.

AB100,856,3 4. An institution-affiliated party, as defined in 12 USC 1786 (r), of a credit union under subd. 3.

AB100,856,5 5. A benefit association, insurance company, safe deposit company, money market mutual fund or similar entity authorized to do business in this state.

AB100,856,6 (d) "Obligor" has the meaning given in s. 49.854 (1) (d).

AB100,856,7 (e) "Support" has the meaning given in s. 49.854 (1) (f).

AB100,856,13 (2) Financial record matching program and agreements. The department shall operate a financial record matching program under this section, consisting of the components described in subs. (3) to (5). The department shall promulgate rules specifying procedures under which the department shall enter into agreements with financial institutions doing business in this state to operate the financial record matching program under this section.

AB100,856,24 (3) Provision of information regarding delinquent payments and amounts. The department shall provide to a financial institution with which it has an agreement under sub. (2) information regarding all certifications of delinquent support that the department provides to the department of revenue under s. 49.855. The information shall be provided at least once each calendar quarter and shall include the amount of support owed, as well as the obligor's name, address of record and social security number or other taxpayer identification number. The information shall be provided to the financial institution in the manner specified by rule or by agreement. To the extent feasible, the information required under this subsection shall be provided to the financial institution by an automated data exchange.

AB100,857,10 (4) Required matching. Each financial institution receiving information under sub. (3) shall take actions necessary to determine whether any obligor maintains an account at the financial institution. If the financial institution determines that an obligor has an account at the financial institution, the financial institution shall provide the department with a notice providing the obligor's account information, including the account number and the balance of the account at the time that the record match is made. The notice under this subsection shall be provided in the manner, and shall contain the information, specified by rule or agreement. To the extent feasible, the notice required under this subsection shall be provided to the department by an automated data exchange.

AB100,857,15 (5) Delegation. The department may delegate any powers and duties given to the department under this section to county child support agencies. The department may require financial institutions to provide county child support agencies with any notices that are required under this section to be provided to the department.

AB100, s. 1987 Section 1987. 49.854 of the statutes is created to read:

AB100,857,18 49.854 Liens against property for delinquent support payments. (1) Definitions. In this section:

AB100,857,20 (a) "Department" means the department of industry, labor and job development.

AB100,857,22 (b) "County child support agency" means the county child support agency under s. 59.53 (5).

AB100,857,23 (c) "Levy" means all powers of distraint and seizure.

AB100,857,24 (d) "Obligor" means a person who is obligated to pay court-ordered support.

AB100,858,3 (e) "Property" includes real and personal property, tangible and intangible property and rights to property, but is limited to property and rights to property existing at the time of levy.

AB100,858,4 (f) "Support" means any of the following:

AB100,858,5 1. Child or family support.

AB100,858,6 2. Maintenance.

AB100,858,7 3. Medical expenses of a child.