AB768: Bill Text

AB768, s. 186 Section 186. 48.685 (7) (am) of the statutes is created to read:

AB768,108,2 48.685 (7) (am) Establish by rule a list of crimes or acts, in addition to those offenses specified in sub. (5) (b) 1. to 5. and (bm) 1. to 4., involving the abuse or neglect of a client for which no person who has committed any of those crimes or acts may be permitted to demonstrate under sub. (5) (a) that he or she has been rehabilitated. The list may also include other crimes or acts, in addition to those offenses specified in sub. (5) (b) 1. to 5. and (bm) 1. to 4., that do not involve the abuse or neglect of a client, but that are substantially related to the care of a client, for which no person who has committed any of those crimes or acts may be permitted to demonstrate under sub. (5) (a) that he or she has been rehabilitated.

AB768, s. 187 Section 187. 48.685 (8) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,108,10 48.685 (8) The department, a county department, a child welfare agency or a school board may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a). The fee may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining information if to do so would be inconsistent with federal law.

AB768, s. 188 Section 188. 48.69 of the statutes is amended to read:

AB768,109,2 48.69 Probationary licenses. If Except as provided under s. 48.715 (7), if any child welfare agency, shelter care facility, group home or day care center that has not been previously issued a license under s. 48.66 (1) applies for a license, meets the minimum requirements for a license established under s. 48.67 and pays the applicable fee referred to in s. 48.68 (1), the department shall issue a probationary license to that child welfare agency, shelter care facility, group home or day care center. A probationary license is valid for up to 6 months after the date of issuance unless renewed under this section or suspended or revoked under s. 48.715. Before a probationary license expires, the department shall inspect the child welfare agency, shelter care facility, group home or day care center holding the probationary license and, except as provided under s. 48.715 (7), if the child welfare agency, shelter care facility, group home or day care center meets the minimum requirements for a license established under s. 48.67, the department shall issue a license under s. 48.66 (1). A probationary license issued under this section may be renewed for one 6-month period.

AB768, s. 189 Section 189. 48.715 (7) of the statutes is created to read:

AB768,109,9 48.715 (7) The department shall deny an application for the issuance or continuation of a license under s. 48.66 (1) or a probationary license under s. 48.69 to operate a day care center, or revoke such a license already issued, if the department of revenue certifies under s. 73.0301 that the applicant or licensee is liable for delinquent taxes. An action taken under this subsection is subject to review only as provided under s. 73.0301 (5) and not as provided in s. 48.72.

AB768, s. 190 Section 190. 48.72 of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,109,23 48.72 Appeal procedure. Any Except as provided in s. 48.715 (7), any person aggrieved by the department's refusal or failure to issue, renew or continue a license or by any action taken by the department under s. 48.715 has the right to an administrative hearing provided for contested cases in ch. 227. To receive an administrative hearing under ch. 227, the aggrieved person shall send to the department a written request for a hearing under s. 227.44 within 10 days after the date of the department's refusal or failure to issue, renew or continue a license or the department's action taken under s. 48.715. The department shall hold an administrative hearing under s. 227.44 within 30 days after receipt of the request for the administrative hearing unless the aggrieved person consents to an extension of that time period. Judicial review of the department's decision may be had as provided in ch. 227.

AB768, s. 191 Section 191. 48.75 (1m) of the statutes is created to read:

AB768,110,3 48.75 (1m) Each child welfare agency and public licensing agency shall provide the subunit of the department that administers s. 48.685 with information about each person who is denied a license for a reason specified in s. 48.685 (2) (a) 1. to 5.

AB768, s. 192 Section 192. 48.977 (2) (f) of the statutes is amended to read:

AB768,110,13 48.977 (2) (f) That the agency primarily responsible for providing services to the child under a court order has made reasonable efforts to make it possible for the child to return to his or her home, while assuring that the child's health and safety are the paramount concerns, but that reunification of the child with the child's parent or parents is unlikely or contrary to the best interests of the child and that further reunification efforts are unlikely to be made or are contrary to the best interests of the child, except that the court need not find that the agency has made those reasonable efforts with respect to a parent of the child if any of the circumstances specified in s. 48.355 (2d) (b) 1., 2., 3. or 4. apply to that parent.

AB768, s. 193 Section 193. 49.145 (2) (i) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,110,25 49.145 (2) (i) The individual is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77 and, if the individual is a dependent child, the custodial parent of the individual does not receive a payment on behalf of the individual under s. 49.775. The department may require an individual who receives benefits under s. 49.148 and who has applied for supplemental security income under 42 USC 1381 to 1383c to authorize the federal social security administration to reimburse the department for the benefits paid to the individual under s. 49.148 during the period that the individual was entitled to supplemental security income benefits to the extent that retroactive supplemental security income benefits are made available to the individual.

AB768, s. 194 Section 194. 49.22 (2m) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,111,11 49.22 (2m) The department may request from any person any information it determines appropriate and necessary for the administration of this section, ss. 49.19, 49.46, 49.468 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029. Any person in this state shall provide this information within 7 days after receiving a request under this subsection. Except as provided in sub. subs. (2p) and (2r) and subject to sub. (12), the department or the county child support agency under s. 59.53 (5) may disclose information obtained under this subsection only in the administration of this section, ss. 49.19, 49.46 and 49.47 and programs carrying out the purposes of 7 USC 2011 to 2029.

AB768, s. 195 Section 195. 49.22 (2r) of the statutes is created to read:

AB768,111,18 49.22 (2r) The department or a county child support agency under s. 59.53 (5) may, to the extent permitted under federal law, disclose information obtained under sub. (2m) to the department of revenue for the purposes of locating persons, or the assets of persons, who have failed to file tax returns, who have underreported their taxable income or who are delinquent taxpayers, identifying fraudulent tax returns or providing information for tax-related prosecutions.

AB768, s. 196 Section 196. 49.22 (3m) of the statutes is created to read:

AB768,111,24 49.22 (3m) The department, acting as a state location service, shall furnish services under sub. (2) upon request to the department of health and family services, a county department under s. 46.215, 46.22 or 46.23 or a child welfare agency that is administering a program operated under 42 USC 620 to 628b or 42 USC 670 to 679a.

AB768, s. 197 Section 197. 49.45 (2) (a) 11. of the statutes is amended to read:

AB768,112,3 49.45 (2) (a) 11. Establish criteria for the certification of eligible providers of services under Title XIX of the social security act and, except as provided in par. (am), certify such eligible providers.

AB768, s. 198 Section 198. 49.45 (2) (a) 12. of the statutes is amended to read:

AB768,112,11 49.45 (2) (a) 12. Decertify or suspend a provider from the medical assistance program, if after giving reasonable notice and, subject to par. (am) 5., opportunity for hearing, the department finds that the provider has violated federal or state law or administrative rule and such violations are by law, regulation or rule grounds for decertification or suspension. No payment may be made under the medical assistance program with respect to any service or item furnished by the provider subsequent to decertification or during the period of suspension.

AB768, s. 199 Section 199. 49.45 (2) (a) 21. of the statutes is repealed.

AB768, s. 200 Section 200. 49.45 (2) (am) of the statutes is created to read:

AB768,112,18 49.45 (2) (am) 1. The department shall require each applicant for a certification under par. (a) 11. to provide the department with his or her social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing any certification under par. (a) 11.

AB768,112,21 2. The department may not disclose any information received under subd. 1. to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB768,112,24 3. The department shall deny an application for the issuance or renewal of a certification under par. (a) 11. if the applicant does not provide the information specified in subd. 1.

AB768,113,4 4. The department shall deny an application for the issuance or renewal of a certification under par. (a) 11., or shall revoke a certification issued under par. (a) 11., if the department of revenue certifies under s. 73.0301 that the applicant for or holder of the certification is liable for delinquent taxes.

AB768,113,7 5. The only hearing rights available for a denial, revocation or nonrenewal of any certification issued under par. (a) 11. based on tax delinquency are those set forth in s. 73.0301 (5).

AB768, s. 201 Section 201. 49.45 (6b) (a) of the statutes is amended to read:

AB768,113,10 49.45 (6b) (a) Beginning in fiscal year 1995-96, for relocations from the central Wisconsin center for the developmentally disabled, by $205 $134 per day.

AB768, s. 202 Section 202. 49.45 (6b) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,113,14 49.45 (6b) (b) Beginning in fiscal year 1997-98, for relocations from the northern Wisconsin center for the developmentally disabled, by $174 $134 per day.

AB768, s. 203 Section 203. 49.45 (6b) (c) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB768,113,18 49.45 (6b) (c) Beginning in fiscal year 1997-98, for relocations from the southern Wisconsin center for the developmentally disabled, by $174 $134 per day.

AB768, s. 204 Section 204. 49.45 (18) (b) 6. of the statutes is amended to read:

AB768,113,22 49.45 (18) (b) 6. Transportation by common carrier or private motor vehicle, if authorized in advance by a county department under s. 46.215 or 46.22 , or by specialized medical vehicle.

AB768, s. 205 Section 205. 49.46 (1m) of the statutes is created to read:

AB768,114,8 49.46 (1m) Pilot project for working recipients of supplemental security income or social security disability income. The department shall request that the secretary of the federal department of health and human services and the commissioner of the federal social security administration waive the income and asset requirements for recipients of benefits under federal Title II or XVI to allow the department to conduct a pilot project to allow those recipients to work without losing eligibility for benefits under federal Title II or XVI or for medical assistance or medicare, as defined in s. 49.45 (3) (L) 1. b. If the request is approved, the department may implement the program and may require participants in the program to pay, on a sliding scale, a copayment for the cost of the program.

AB768, s. 206 Section 206. 49.665 (1) (d) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

AB768,114,14 49.665 (1) (d) "Family" means a an individual; the individual's spouse, if any, if the spouse resides in the same household as the individual; and all dependent children with respect to whom the individual is a custodial parent and his or her dependent children.

AB768, s. 207 Section 207. 49.81 (2) of the statutes is amended to read:

AB768,114,22 49.81 (2) The right to confidentiality of agency records and files on the recipient. Nothing in this subsection shall prohibit the use of such records for auditing or accounting purposes or, to the extent permitted under federal law, for the purposes of locating persons, or the assets of persons, who have failed to file tax returns, who have underreported their taxable income or who are delinquent taxpayers, identifying fraudulent tax returns or providing information for tax-related prosecutions.

AB768, s. 208 Section 208. 49.855 (2p) of the statutes is created to read:

AB768,115,3 49.855 (2p) At least annually, the department of corrections shall certify to the department of revenue any obligation owed to the department of corrections under s. 301.12 if the obligation is rendered to a judgment.

AB768, s. 209 Section 209. 49.855 (3) of the statutes, as affected by 1997 Wisconsin Act 27, section 1991m, and 1997 Wisconsin Act 35, is amended to read:

AB768,116,2 49.855 (3) Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93 (3), (6) and (7). When the department of revenue determines that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the obligor that the state intends to reduce any state tax refund or credit due the obligor by the amount the obligor is delinquent under the support or maintenance order, by the outstanding amount for past support, medical expenses or birth expenses under the court order or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days the obligor may request a hearing before the circuit court rendering the order. Within 10 days after receiving a request for hearing under this subsection, the court shall set the matter for hearing. Pending further order by the court or family court commissioner, the clerk of circuit court or county support collection designee under s. 59.53 (5m) is prohibited from disbursing the obligor's state tax refund or credit. The family court commissioner may conduct the hearing. The sole issues at that hearing shall be whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld from a tax refund or credit shall be paid to the obligor or held for future support or maintenance. An obligor may, within 20 days of receiving notice that the amount certified shall be withheld from his or her federal tax refund or credit, request a hearing under this subsection.

AB768, s. 210 Section 210. 49.855 (3) of the statutes, as affected by 1997 Wisconsin Act 27, section 1992m, and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB768,117,2 49.855 (3) Receipt of a certification by the department of revenue shall constitute a lien, equal to the amount certified, on any state tax refunds or credits owed to the obligor. The lien shall be foreclosed by the department of revenue as a setoff under s. 71.93 (3), (6) and (7). When the department of revenue determines that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the obligor that the state intends to reduce any state tax refund or credit due the obligor by the amount the obligor is delinquent under the support or maintenance order, by the outstanding amount for past support, medical expenses or birth expenses under the court order or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days the obligor may request a hearing before the circuit court rendering the order. Within 10 days after receiving a request for hearing under this subsection, the court shall set the matter for hearing. Pending further order by the court or family court commissioner, the department of workforce development or its designee, whichever is appropriate, is prohibited from disbursing the obligor's state tax refund or credit. The family court commissioner may conduct the hearing. The sole issues at that hearing shall be whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld from a tax refund or credit shall be paid to the obligor or held for future support or maintenance. An obligor may, within 20 days of receiving notice that the amount certified shall be withheld from his or her federal tax refund or credit, request a hearing under this subsection.

AB768, s. 211 Section 211. 49.855 (4m) (b) of the statutes, as affected by 1997 Wisconsin Act 27, section 1994m, and 1997 Wisconsin Act 35, is amended to read:

AB768,118,3 49.855 (4m) (b) The department of revenue may provide a certification that it receives under sub. (2) or, (2m) or (2p) to the department of administration. Upon receipt of the certification, the department of administration shall determine whether the obligor is a vendor or is receiving any other payments from this state, except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this chapter or ch. 46 or, 108 or 301. If the department of administration determines that the obligor is a vendor or is receiving payments from this state, except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this chapter or ch. 46 or, 108 or 301, it shall begin to withhold the amount certified from those payments and shall notify the obligor that the state intends to reduce any payments due the obligor by the amount the obligor is delinquent under the support or maintenance order, by the outstanding amount for past support, medical expenses or birth expenses under the court order or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days after receipt of the notice the obligor may request a hearing before the circuit court rendering the order. An obligor may, within 20 days after receiving notice, request a hearing under this paragraph. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing. The family court commissioner may conduct the hearing. Pending further order by the court or family court commissioner, the clerk of circuit court or county support collection designee under s. 59.53 (5m) may not disburse the payments withheld from the obligor. The sole issues at the hearing are whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld shall be paid to the obligor or held for future support or maintenance.

AB768, s. 212 Section 212. 49.855 (4m) (b) of the statutes, as affected by 1997 Wisconsin Act 27, section 1995m, and 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB768,119,5 49.855 (4m) (b) The department of revenue may provide a certification that it receives under sub. (1), (2m) or (2p) to the department of administration. Upon receipt of the certification, the department of administration shall determine whether the obligor is a vendor or is receiving any other payments from this state, except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this chapter or ch. 46, 108 or 301. If the department of administration determines that the obligor is a vendor or is receiving payments from this state, except for wages, retirement benefits or assistance under s. 45.352, 1971 stats., s. 45.351 (1), this chapter or ch. 46, 108 or 301, it shall begin to withhold the amount certified from those payments and shall notify the obligor that the state intends to reduce any payments due the obligor by the amount the obligor is delinquent under the support or maintenance order, by the outstanding amount for past support, medical expenses or birth expenses under the court order or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days after receipt of the notice the obligor may request a hearing before the circuit court rendering the order. An obligor may, within 20 days after receiving notice, request a hearing under this paragraph. Within 10 days after receiving a request for hearing under this paragraph, the court shall set the matter for hearing. The family court commissioner may conduct the hearing. Pending further order by the court or family court commissioner, the department of workforce development or its designee, whichever is appropriate, may not disburse the payments withheld from the obligor. The sole issues at the hearing are whether the obligor owes the amount certified and, if not and it is a support or maintenance order, whether the money withheld shall be paid to the obligor or held for future support or maintenance.

AB768, s. 213 Section 213. 49.855 (4m) (c) of the statutes, as affected by 1997 Wisconsin Act 3, is amended to read:

AB768,119,14 49.855 (4m) (c) Except as provided by order of the court after hearing under par. (b), the department of administration shall continue withholding until the amount certified is recovered in full. The department of administration shall transfer the amounts withheld under this paragraph to the department of workforce development for distribution to the appropriate clerk of court, county support collection designee under s. 59.53 (5m) or, department of health and family services or department of corrections, whichever is appropriate.

AB768, s. 214 Section 214. 49.855 (4m) (c) of the statutes, as affected by 1997 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

AB768,119,25 49.855 (4m) (c) Except as provided by order of the court after hearing under par. (b), the department of administration shall continue withholding until the amount certified is recovered in full. The department of administration shall transfer the amounts withheld under this paragraph to the department of workforce development or its designee, the department of health and family services or the department of corrections, whichever is appropriate. The department of workforce development or its designee shall distribute amounts withheld for delinquent child or family support or maintenance or past support, medical expenses or birth expenses to the obligee.

AB768, s. 215 Section 215. 50.01 (1) (b) of the statutes is amended to read:

AB768,120,7 50.01 (1) (b) A place that meets the definition under sub. (1g), except sub. (1g) (e), and except that only where 3 or 4 unrelated adults reside there adults who are not related to the operator reside and receive care, treatment or services that are above the level of room and board and that may include intermediate level nursing care. "Adult family home" does not include a place that is specified in sub. (1g) (a) to (d), (f) or (g).

AB768, s. 216 Section 216. 50.01 (1e) of the statutes is created to read:

AB768,120,10 50.01 (1e) "Basic care" includes periodic skilled nursing services or physical, emotional, social or restorative care.

AB768, s. 217 Section 217. 50.01 (1g) (intro.) of the statutes is amended to read:

AB768,120,19 50.01 (1g) (intro.)  "Community-based residential facility" means a place where 5 or more unrelated adults reside in which adults who are not related to the operator or administrator and who do not require care above intermediate level nursing care reside and receive care, treatment or services that are above the level of room and board but not including that include no more than 3 hours of nursing care are provided to persons residing in the facility as a primary function of the facility per week per resident. "Community-based residential facility" does not include any of the following:

AB768, s. 218 Section 218. 50.01 (1t) of the statutes is created to read:

AB768,120,23 50.01 (1t) "Intermediate level nursing care" means basic care that is required by a person who has a long-term illness or disability that has reached a relatively stable plateau.

AB768, s. 219 Section 219. 50.01 (2m) of the statutes is created to read:

AB768,121,3 50.01 (2m) "Nursing care" means nursing procedures, other than personal care, that are permitted to be performed by a registered nurse under s. 441.01 (3) or by a licensed practical nurse under s. 441.11 (3), directly on or to a resident.

AB768, s. 220 Section 220. 50.01 (3) (intro.) of the statutes is amended to read:

AB768,121,11 50.01 (3) (intro.)  "Nursing home" means a place which provides 24-hour services including board and room to 3 or more unrelated residents who where 5 or more persons who are not related to the operator or administrator reside, receive care or treatment and, because of their mental or physical condition require nursing care or personal care in excess of 7 hours a week, require access to 24-hour nursing services, including limited nursing care, intermediate level nursing care and skilled nursing services. "Nursing home" does not include any of the following:

AB768, s. 221 Section 221. 50.01 (4m) of the statutes is amended to read:

AB768,121,15 50.01 (4m) "Operator" means any person licensed or required to be licensed under s. 50.03 (1) or a person who operates an adult family home that is licensed under s. 50.033 (1m) (b).

AB768, s. 222 Section 222. 50.01 (4o) of the statutes is amended to read:

AB768,121,18 50.01 (4o) "Personal care" means assistance with the activities of daily living, such as eating, dressing, bathing and ambulation, but does not include nursing care.

AB768, s. 223 Section 223. 50.01 (5) of the statutes is repealed.

AB768, s. 224 Section 224. 50.01 (6) of the statutes is amended to read:

AB768,121,23 50.01 (6) "Resident" means a person who is cared for or treated in any and is not discharged from a nursing home or ,community-based residential facility or adult family home, irrespective of how admitted.

AB768, s. 225 Section 225. 50.01 (6v) of the statutes is created to read:

AB768,122,2 50.01 (6v) "Skilled nursing services" means those services, to which all of the following apply, that are provided to a resident under a physician's orders:

AB768,122,5 (a) The services require the skills of and are provided directly by or under the supervision of a person whose licensed, registered, certified or permitted scope of practice is at least equivalent to that of a licensed practical nurse.

AB768,122,6 (b) Any of the following circumstances exist:

AB768,122,9 1. The inherent complexity of a service prescribed for a resident is such that it can be safely and effectively performed only by or under the supervision of registered nurses or licensed practical nurses.

AB768,122,12 2. The full recovery or medical improvement of the resident is not possible, but the services are needed to prevent, to the extent possible, deterioration of the resident's condition or to sustain current capacities of the resident.

AB768,122,16 3. Because of special medical complications, performing or supervising a service that is generally unskilled or observing the resident necessitates the use of a person whose licensed, registered, certified or permitted scope of practice is at least equivalent to that of a licensed practical nurse.

AB768, s. 226 Section 226. 50.035 (10) of the statutes is created to read:

AB768,122,21 50.035 (10) Exceptions to care limitations. (a) Notwithstanding the limitations on the type of care that may be required by and provided to residents under s. 50.01 (1g) (intro.), the following care may be provided in a community-based residential facility under the following circumstances: