SB44: Bill Text

SB44, s. 1276 Section 1276. 49.175 (1) (ze) 6. of the statutes is repealed.

SB44, s. 1277 Section 1277. 49.175 (1) (ze) 7. of the statutes is repealed.

SB44, s. 1278 Section 1278. 49.175 (1) (ze) 8. of the statutes is amended to read:

SB44,584,2 49.175 (1) (ze) 8. `Domestic abuse services grants.' For the domestic abuse services grants under s. 46.95 (2), $1,000,000 $750,000 in each fiscal year.

SB44, s. 1279 Section 1279. 49.175 (1) (ze) 9. of the statutes is repealed.

SB44, s. 1280 Section 1280. 49.175 (1) (ze) 12. of the statutes is created to read:

SB44,584,8 49.175 (1) (ze) 12. `Milwaukee and statewide child welfare administration.' For the costs associated with the Milwaukee child welfare information system and the Wisconsin statewide automated child welfare information system, $1,695,700 in fiscal year 2003-04 and $1,741,300 in fiscal year 2004-05.

SB44, s. 1281 Section 1281. 49.175 (1) (zf) of the statutes is repealed.

SB44, s. 1282 Section 1282. 49.175 (1) (zg) of the statutes is repealed.

SB44, s. 1283 Section 1283. 49.175 (1) (zh) of the statutes is amended to read:

SB44,584,16 49.175 (1) (zh) Taxable years 1999 and thereafter. For the transfer of moneys from the appropriation account under s. 20.445 (3) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $51,244,500 $57,892,000 in fiscal year 2001-02 2003-04 and $55,160,000 $50,300,000 in fiscal year 2002-03 2004-05.

SB44, s. 1284 Section 1284. 49.175 (1) (zj) of the statutes is amended to read:

SB44,584,20 49.175 (1) (zj) Head start Start. For the transfer of moneys to the department of public instruction for head start Head Start agencies, $3,712,500 $3,500,000 in each fiscal year.

SB44, s. 1285 Section 1285. 49.175 (1) (zk) of the statutes is repealed.

SB44, s. 1286 Section 1286. 49.179 of the statutes is repealed.

SB44, s. 1287 Section 1287. 49.19 (3) (b) of the statutes is amended to read:

SB44,585,6 49.19 (3) (b) If the county department under s. 46.215 or 46.22 finds a person eligible for aid under this section, that county department shall, on a form to be prescribed by the department, direct the payment of such aid by order upon the state treasurer secretary of administration. Payment of aid shall be made monthly, based on a calendar month or fiscal month as defined by the department; except that the director of the county department may, in his or her discretion for the purpose of protecting the public, direct that the monthly allowance be paid in accordance with sub. (5) (c).

SB44, s. 1288 Section 1288. 49.19 (5) (d) of the statutes is amended to read:

SB44,585,10 49.19 (5) (d) The department shall reimburse the county for the funeral, burial, and cemetery expenses of a dependent child or the child's parents as provided in s. 49.30 49.785.

SB44, s. 1289 Section 1289. 49.19 (14) (b) of the statutes is amended to read:

SB44,585,18 49.19 (14) (b) If the state treasurer secretary of administration is unable to issue a replacement check or draft requested under par. (a) because the original has been paid, the department shall promptly authorize the issuance of a replacement check or draft. If the state treasurer secretary of administration recovers the amount of the original check or draft that amount shall be returned to the department. If the state treasurer secretary of administration is unable to obtain recovery, the department may pursue recovery.

SB44, s. 1290 Section 1290. 49.195 (title) of the statutes is amended to read:

SB44,585,21 49.195 (title) Recovery of aid to families with dependent children and Wisconsin works benefits Works payments.

SB44, s. 1291 Section 1291. 49.195 (1) of the statutes is amended to read:

SB44,587,4 49.195 (1) If any parent at the time of receiving aid under s. 49.19, a stipend under s. 49.147 (3m) (g), or a benefit under s. 49.148, 49.155 , or 49.157, or at any time thereafter, acquires property by gift, inheritance, sale of assets, court judgment, or settlement of any damage claim, or by winning a lottery or prize, the county granting such aid, or the Wisconsin works Works agency granting such a stipend or benefit, may sue the parent on behalf of the department to recover the value of that portion of the aid or of the, stipend, or benefit which that does not exceed the amount of the property so acquired. The value of the aid, stipend, or benefit liable for recovery under this section may not include the value of work performed by a member of the family in a community work experience program under s. 46.215 (1) (o), 1991 stats., s. 46.22 (1) (b) 11., 1991 stats., or s. 49.50 (7j) (d), 1991 stats., or in a community work experience component under s. 49.193 (6), 1997 stats. During the life of the parent, the 10-year statute of limitations may be pleaded in defense against any suit for recovery under this section; and if such property is his or her homestead it shall be exempt from execution on the judgment of recovery until his or her death or sale of the property, whichever occurs first. Notwithstanding the foregoing restrictions and limitations, where if the aid, stipend, or benefit recipient is deceased, a claim may be filed against any property in his or her 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, or child is dependent on the property for support, and 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 of aid, stipend, or benefits paid kept by the county, by the department, or by the Wisconsin works Works agency are prima facie evidence of the value of the aid, stipend, or benefits furnished paid. Liability under this section shall extend to any parent or stepparent whose family receives aid under s. 49.19, a stipend under s. 49.147 (3m) (g), or benefits under s. 49.148, 49.155, or 49.157 during the period that he or she is a member of the same household, but his or her liability is limited to such period. This section does not apply to medical and health assistance payments for which recovery is prohibited or restricted by federal law or regulation.

SB44, s. 1292 Section 1292. 49.195 (3) of the statutes is amended to read:

SB44,587,18 49.195 (3) A county, tribal governing body, or Wisconsin works Works agency or the department shall determine whether an overpayment has been made under s. 49.19 49.147 (3m) (g), 49.148, 49.155 or, 49.157, or 49.19 and, if so, the amount of the overpayment. The county, tribal governing body, or Wisconsin works Works agency or the department shall provide notice of the overpayment to the liable person. The department shall give that person an opportunity for a review following the procedure specified under s. 49.152, if the person received the overpayment under s. 49.141 to 49.161, and for a hearing under ch. 227. Notwithstanding s. 49.96, the department shall promptly recover all overpayments made under s. 49.19 49.147 (3m) (g), 49.148, 49.155 or, 49.157 , or 49.19 that have not already been received under s. 49.161 or 49.19 (17) and shall promulgate rules establishing policies and procedures to administer this subsection. The rules shall include notification procedures similar to those established for child support collections.

SB44, s. 1293 Section 1293. 49.22 (6) of the statutes is amended to read:

SB44,588,3 49.22 (6) The department shall establish, pursuant to federal and state laws, rules, and regulations, a uniform system of fees for services provided under this section to individuals not receiving aid under s. 46.261, 49.19, or 49.47; stipends under s. 49.147 (3m) (g); benefits or wages under s. 49.148, 49.155, or 49.79; foster care maintenance payments under 42 USC 670 to 679a; or kinship care payments under s. 48.57 (3m) or long-term kinship care payments under s. 48.57 (3n). The system of fees may take into account an individual's ability to pay. Any fee paid and collected under this subsection may be retained by the county providing the service except for the fee specified in 42 USC 653 (e) (2) for federal parent locator services.

SB44, s. 1294 Section 1294 . 49.22 (7m) of the statutes is amended to read:

SB44,588,16 49.22 (7m) The department may contract with or employ a collection agency or other person to enforce a support obligation of a parent who is delinquent in making support payments and may contract with or employ an attorney to appear in an action in state or federal court to enforce such an obligation. To pay for the department's administrative costs of implementing this subsection, the department may charge a fee to counties, retain up to 50% of any incentive payment made to this state under 42 USC 658 for a collection under this subsection, and retain use federal matching funds or funds retained by the department under s. 49.24 (2) (c), or use up to 30% of this state's share of a collection made under this subsection on behalf of a recipient of aid to families with dependent children or a recipient of kinship care payments under s. 48.57 (3m) or long-term kinship care payments under s. 48.57 (3n).

SB44, s. 1295 Section 1295 . 49.22 (7m) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,589,3 49.22 (7m) The department may contract with or employ a collection agency or other person to enforce a support obligation of a parent who is delinquent in making support payments and may contract with or employ retain an attorney to appear in an action in state or federal court to enforce such an obligation. To pay for the department's administrative costs of implementing this subsection, the department may charge a fee to counties, use federal matching funds or funds retained by the department under s. 49.24 (2) (c), or use up to 30% of this state's share of a collection made under this subsection on behalf of a recipient of aid to families with dependent children or a recipient of kinship care payments under s. 48.57 (3m) or long-term kinship care payments under s. 48.57 (3n).

SB44, s. 1296 Section 1296. 49.24 (2) (b) of the statutes is amended to read:

SB44,589,7 49.24 (2) (b) The Except as provided in par. (c), the total of payments made to counties under sub. (1) and in federal child support incentive payments may not exceed $12,340,000 per year.

SB44, s. 1297 Section 1297. 49.24 (2) (c) of the statutes is created to read:

SB44,589,15 49.24 (2) (c) If federal child support incentive payments that are received for a year exceed the maximum specified in par. (b), 50% of the amount that exceeds the maximum specified in par. (b) shall be distributed to counties according to the formula under par. (a), subject to the incentive payments limit specified in par. (a), and the remainder shall be retained by the department to pay the costs of the department's activities under ss. 49.22 and 49.227 and costs related to receiving and disbursing support and support-related payments.

SB44, s. 1298 Section 1298. 49.24 (3) of the statutes is amended to read:

SB44,589,19 49.24 (3) A county that receives any state child support incentive payment under sub. (1) or any federal child support incentive payment under sub. (2) (a) or (c) may use the funds only to pay costs under its child support program under s. 49.22.

SB44, s. 1299 Section 1299. 49.26 (1) (g) (intro.) of the statutes is amended to read:

SB44,589,24 49.26 (1) (g) (intro.) An individual who is a dependent child in a Wisconsin works Works group that includes a participant under s. 49.147 (3), (3m), (4), or (5) or who is a recipient of aid under s. 49.19 is subject to the school attendance requirement under par. (ge) if all of the following apply:

SB44, s. 1300 Section 1300. 49.26 (1) (h) 1s. b. of the statutes is amended to read:

SB44,590,4 49.26 (1) (h) 1s. b. An individual who is a dependent child in a Wisconsin works Works group that includes a participant under s. 49.147 (3), (3m), (4), or (5) and who fails to meet the school attendance requirement under par. (ge) is subject to a monthly sanction.

SB44, s. 1301 Section 1301. 49.26 (1) (hm) of the statutes is amended to read:

SB44,590,8 49.26 (1) (hm) The department may require consent to the release of school attendance records, under s. 118.125 (2) (e), as a condition of eligibility for benefits participation under s. 49.147 (3) to (5) or aid under s. 49.19.

SB44, s. 1302 Section 1302. 49.30 of the statutes is renumbered 49.785, and 49.785 (2), as renumbered, is amended to read:

SB44,590,20 49.785 (2) From the appropriations under s. 20.445 (3) (dz) and (md) appropriation under s. 20.435 (4) (bn), the department shall reimburse a county or applicable tribal governing body or organization for any amount that the county or applicable tribal governing body or organization is required to pay under sub. (1). From the appropriations under s. 20.445 (3) (dz) and (md) appropriation under s. 20.435 (4) (bn), the department shall reimburse a county or applicable tribal governing body or organization for cemetery expenses or for funeral and burial expenses for persons described under sub. (1) that the county or applicable tribal governing body or organization is not required to pay under subs. (1) and (1m) only if the department approves the reimbursement due to unusual circumstances.

SB44, s. 1303 Section 1303. 49.32 (2) (d) of the statutes is repealed.

SB44, s. 1304 Section 1304. 49.32 (4) of the statutes is repealed.

SB44, s. 1305 Section 1305. 49.32 (9) (a) of the statutes is amended to read:

SB44,591,10 49.32 (9) (a) Each county department under s. 46.215, 46.22, or 46.23 administering aid to families with dependent children shall maintain a monthly report at its office showing the names of all persons receiving aid to families with dependent children together with the amount paid during the preceding month. Each Wisconsin works Works agency administering Wisconsin works Works under ss. 49.141 to 49.161 shall maintain a monthly report at its office showing the names of all persons receiving stipends under s. 49.147 (3m) (g) or benefits or wages under s. 49.148 together with the amount paid during the preceding month. Nothing in this paragraph shall be construed to authorize or require the disclosure in the report of any information (, including names, amounts of aid, or otherwise) other information, pertaining to adoptions, or aid furnished for the care of children in foster homes or treatment foster homes under s. 46.261 or 49.19 (10).

SB44, s. 1306 Section 1306. 49.32 (10) (b) of the statutes is amended to read:

SB44,591,19 49.32 (10) (b) If a law enforcement officer believes, on reasonable grounds, that a warrant has been issued and is outstanding for the arrest of a Wisconsin works Works participant, the law enforcement officer may request that a law enforcement officer be notified when the participant appears to obtain his or her stipend or benefits under the Wisconsin works Works program. At the request of a law enforcement officer under this paragraph, an employee of a Wisconsin works Works agency who disburses stipends or benefits may notify a law enforcement officer when the participant appears to obtain Wisconsin works his or her stipend or benefits.

SB44, s. 1307 Section 1307. 49.32 (10m) (a) of the statutes is amended to read:

SB44,593,2 49.32 (10m) (a) A county department, relief agency under s. 49.01 (3m), or Wisconsin works Works agency shall, upon request, and after providing the notice to the recipient required by this paragraph, release the current address of a recipient of relief under s. 49.01 (3), aid to families with dependent children , a stipend under s. 49.147 (3m) (g), or benefits or wages under s. 49.148 to a person, the person's attorney, or an employee or agent of that attorney, if the person is a party to a legal action or proceeding in which the recipient is a party or a witness, unless the person is a respondent in an action commenced by the recipient under s. 813.12, 813.122, 813.123, 813.125, or 813.127. If the person is a respondent in an action commenced by the recipient under s. 813.12, 813.122, 813.123, 813.125, or 813.127, the county department, relief agency, or Wisconsin works Works agency may not release the current address of the recipient. No county department, relief agency , or Wisconsin works Works agency may release an address under this paragraph until 21 days after the address has been requested. A person requesting an address under this paragraph shall be required to prove his or her identity and his or her participation as a party in a legal action or proceeding in which the recipient is a party or a witness by presenting a copy of the pleading or a copy of the subpoena for the witness. The person shall also be required to sign a statement setting forth his or her name, address, and the reasons for making the request and indicating that he or she understands the provisions of par. (b) with respect to the use of the information obtained. The statement shall be made on a form prescribed by the department and shall be sworn and notarized. Within 7 days after an address has been requested under this paragraph, the county department, relief agency, or Wisconsin works Works agency shall mail to each recipient whose address has been requested a notification of that fact on a form prescribed by the department. The form shall also include the date on which the address was requested, the name and address of the person who requested the disclosure of the address, the reason that the address was requested, and a statement that the address will be released to the person who requested the address no sooner than 21 days after the date on which the request for the address was made. County departments, relief agencies, and Wisconsin works Works agencies shall keep a record of each request for an address under this paragraph.

SB44, s. 1308 Section 1308. 49.33 of the statutes is renumbered 49.78, and 49.78 (1) (b), (2), (4), (7), (8) (a) and (10), as renumbered, are amended to read:

SB44,593,8 49.78 (1) (b) "Income maintenance program" means the medical assistance Medical Assistance program under subch. IV of ch. 49, the badger care Badger Care health care program under s. 49.665, or the food stamp program under 7 USC 2011 to 2036, or the cemetery, funeral, and burial expenses program under s. 49.785.

SB44,593,13 (2) Contracts. Annually, the department of health and family services shall contract with county departments under ss. 46.215, 46.22, and 46.23, and may contract with tribal governing bodies, to reimburse the county departments and tribal governing bodies for the reasonable cost of administering income maintenance programs.

SB44,593,20 (4) Rules; merit system. The department of workforce development shall promulgate rules for the efficient administration of aid to families with dependent children in agreement with the requirement for federal aid, including the establishment and maintenance of personnel standards on a merit basis. The provisions of this section relating to personnel standards on a merit basis supersede any inconsistent provisions of any law relating to county personnel. This subsection shall not be construed to invalidate the provisions of s. 46.22 (1) (d).

SB44,593,25 (7) County personnel systems. Pursuant to rules promulgated under sub. (4), the department of workforce development where requested by the county shall delegate to that county, without restriction because of enumeration, any or all of the department's department of workforce development's authority under sub. (4) to establish and maintain personnel standards including salary levels.

SB44,594,10 (8) (a) From the appropriation accounts under s. 20.435 (4) (bn) and (nn) and subject to par. (b), the department of health and family services shall reimburse each county and tribal governing body that contracts with the department under sub. (2) for reasonable costs of administering the income maintenance programs. The amount of each reimbursement paid under this paragraph shall be calculated using a formula based on workload within the limits of available state and federal funds under s. 20.435 (4) (bn) and (nn) by contract under s. 49.33 sub. (2). The amount of reimbursement calculated under this paragraph and par. (b) is in addition to any reimbursement provided to a county or tribal governing body for fraud and error reduction under s. 49.197 (1m) and (4).

SB44,594,22 (10) County certification. (a) Each county treasurer and director of a county department under s. 46.215, 46.22, or 46.23 and each tribal governing body shall certify monthly under oath to the department of health and family services in such manner as the department of health and family services prescribes the claim of the county for state reimbursement under sub. (8) (a). The department of health and family services shall review each claim of reimbursement and, if the department of health and family services approves the claim, the department of health and family services shall certify to the department of administration for reimbursement to the county for amounts due under sub. (8) (a) and payment claimed to be made to the counties monthly. The department of health and family services may make advance payments prior to the beginning of each month equal to one-twelfth of the contracted amount.

SB44,595,6 (b) To facilitate prompt reimbursement the certificate of the department of health and family services may be based on the certified statements of the county officers or tribal governing body executives filed under par. (a). Funds recovered from audit adjustments from a prior fiscal year may be included in subsequent certifications only to pay counties owed funds as a result of any audit adjustment. By September 30 annually, the department of health and family services shall submit a report to the appropriate standing committees under s. 13.172 (3) on funds recovered and paid out during the previous calendar year as a result of audit adjustments.

SB44, s. 1309 Section 1309. 49.36 (2) of the statutes is amended to read:

SB44,595,16 49.36 (2) The department may contract with any county, tribal governing body, or Wisconsin works Works agency to administer a work experience and job training program for parents who are not custodial parents and who fail to pay child support or to meet their children's needs for support as a result of unemployment or underemployment. The program may provide the kinds of work experience and job training services available from the program under s. 49.193, 1997 stats., or s. 49.147 (3), (3m), or (4). The program may also include job search and job orientation activities. The department shall fund the program from the appropriation under s. 20.445 (3) (dz).

SB44, s. 1310 Section 1310. 49.45 (2) (a) 3. of the statutes is amended to read:

SB44,595,22 49.45 (2) (a) 3. Determine the eligibility of persons for medical assistance, rehabilitative, and social services under ss. 49.46, 49.468, and 49.47 and rules and policies adopted by the department and shall may, under a contract under s. 49.33 49.78 (2), designate delegate all, or any portion, of this function to the county department under s. 46.215, 46.22, or 46.23 or a tribal governing body.

SB44, s. 1311 Section 1311. 49.45 (2) (a) 17. of the statutes is amended to read:

SB44,596,3 49.45 (2) (a) 17. Notify the governor, the joint committee on legislative organization, the joint committee on finance and appropriate standing committees, as determined by the presiding officer of each house, if the appropriation accounts under s. 20.435 (4) (b) is , (gp), and (r) are insufficient to provide the state share of medical assistance.

SB44, s. 1312 Section 1312. 49.45 (2) (a) 25. of the statutes is created to read:

SB44,596,14 49.45 (2) (a) 25. a. For the privilege of doing business in this state, there is imposed on each health maintenance organization, as defined in s. 609.01 (2), an annual assessment of 1% of the health maintenance organization's gross revenues for the immediately preceding calendar year. The assessment shall be deposited into the Medical Assistance trust fund. The department shall determine the amount of each health maintenance organization's assessment, based on a statement that the health maintenance organization shall file annually, by March 1, with the office of the commissioner of insurance. Each health maintenance organization shall pay one-fourth of the total assessment quarterly, by March 31, June 30, September 30, and December 31 of each year.

SB44,596,19 b. Sections 77.59 (1) to (5), (6) (intro.), (a), and (c), and (7) to (10), 77.60 (1) to (7), (9), and (10), 77.61 (9) and (12) to (14), and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to the assessment under this section, except that the amount of any assessment collected under subd. 25. a. shall be deposited into the Medical Assistance trust fund.

SB44,596,22 c. The department shall levy, enforce, and collect the assessment under this subdivision and shall develop and distribute forms necessary for levying and collection.

SB44,596,24 d. The department shall promulgate rules that establish procedures and requirements for levying the assessment under this subdivision.

SB44,597,3 e. An affected health maintenance organization may contest an action by the department under this subdivision by submitting a written request for a hearing to the department within 3 days after the date of the department's action.

SB44,597,5 f. Any order or determination made by the department under a hearing as specified in subd. 25. e. is subject to judicial review as prescribed under ch. 227.

SB44, s. 1313 Section 1313. 49.45 (3) (a) of the statutes is amended to read:

SB44,597,12 49.45 (3) (a) Reimbursement shall be made to each county department under ss. 46.215, 46.22, and 46.23 for the any administrative services performed in the medical assistance Medical Assistance program on the basis of s. 49.33 49.78 (8). For purposes of reimbursement under this paragraph, assessments completed under s. 46.27 (6) (a) are administrative services performed in the medical assistance Medical Assistance program.

SB44, s. 1314 Section 1314. 49.45 (3) (am) of the statutes is repealed.

SB44, s. 1315 Section 1315. 49.45 (5) (b) 1. (intro.) of the statutes is amended to read:

SB44,598,6 49.45 (5) (b) 1. (intro.) Upon receipt of a timely petition under par. (a) the department shall give the applicant or recipient reasonable notice and opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or recipient and to the county clerk or, if a Wisconsin works agency , if a county department under s. 46.215, 46.22, or 46.23 is responsible for making the medical assistance determination, the Wisconsin works agency to the county clerk of the county. The county or the Wisconsin works agency may be represented at such hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient, to the county clerk, and to the any county officer or the Wisconsin works agency charged with administration of the medical assistance Medical Assistance program. The decision of the department shall have the same effect as an order of the a county officer or the Wisconsin works agency charged with the administration of the medical assistance Medical Assistance program. The decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for a hearing or shall refuse to grant relief if:

SB44, s. 1316 Section 1316. 49.45 (5) (b) 2. (intro.) of the statutes is amended to read:

SB44,598,18 49.45 (5) (b) 2. (intro.) If a recipient requests a hearing within the timely notice period specified in 42 CFR 431.231 (c), medical assistance coverage shall not be suspended, reduced, or discontinued until a decision is rendered after the hearing but medical assistance payments made pending the hearing decision may be recovered by the department if the contested decision or failure to act is upheld. The department shall promptly notify the county department or, if a Wisconsin works agency If a county department is responsible for making the medical assistance determination, the Wisconsin works agency department shall notify the county department of the county in which the recipient resides that the recipient has requested a hearing. Medical assistance coverage shall be suspended, reduced, or discontinued if:

SB44, s. 1317 Section 1317. 49.45 (5m) (title) of the statutes is amended to read:

SB44,598,20 49.45 (5m) (title) Supplemental funding for rural critical access hospitals.

SB44, s. 1318 Section 1318. 49.45 (5m) (am) of the statutes is amended to read:

SB44,599,5 49.45 (5m) (am) Notwithstanding sub. (3) (e), from the appropriations appropriation accounts under s. 20.435 (4) (b), (gp), (o), (r), and (w), the department shall distribute not more than $2,256,000 in each fiscal year, to provide supplemental funds to rural hospitals that, as determined by the department, have high utilization of inpatient services by patients whose care is provided from governmental sources, and to provide supplemental funds to critical access hospitals, except that the department may not distribute funds to a rural hospital or to a critical access hospital to the extent that the distribution would exceed any limitation under 42 USC 1396b (i) (3).