SB44, s. 1431 12Section 1431. 49.687 (title) of the statutes is amended to read:
SB44,628,14 1349.687 (title) Disease aids; patient requirements; rebate agreements;
14cost containment
.
SB44, s. 1432 15Section 1432. 49.687 (1) of the statutes is amended to read:
SB44,629,316 49.687 (1) The department shall promulgate rules that require a person who
17is eligible for benefits under s. 49.68, 49.683, or 49.685 and whose current estimated
18total family
income exceeds specified limits for the current year is at or above 200%
19of the poverty line
to obligate or expend specified portions of the income for medical
20care for treatment of kidney disease, cystic fibrosis, or hemophilia before receiving
21benefits under s. 49.68, 49.683, or 49.685. The rules shall require a person to pay 1%
22of his or her total family income for the cost of medical treatment covered under s.
2349.68, 49.683, or 49.685 if that income is from 300% to 325% of the federal poverty
24line, 1.75% if that income is more than 325% but not more than 350% of the federal
25poverty line, 2.5% if that income is more than 350% but not more than 375% of the

1federal poverty line, 3.25% if that income is more than 375% but not more than 400%
2of the federal poverty line, and 4.25% if that income is more than 400% of the federal
3poverty line.
SB44, s. 1433 4Section 1433. 49.687 (1m) of the statutes is created to read:
SB44,629,95 49.687 (1m) (a) A person is not eligible to receive benefits under s. 49.68,
649.683, or 49.685 unless, before the person applies for benefits under s. 49.68, 49.683,
7or 49.685, the person first applies for benefits under all other health care coverage
8programs specified by the department by rule under par. (b) for which the person
9reasonably may be eligible.
SB44,629,1510 (b) The department shall promulgate rules that specify other health care
11coverage programs for which a person must apply before applying for benefits under
12s. 49.68, 49.683, or 49.685. The programs specified by rule must include the Medical
13Assistance program under subch. IV, the Badger Care health care program under s.
1449.665, and the prescription drug assistance for elderly persons program under s.
1549.688.
SB44,629,2316 (c) Using the procedure under s. 227.24, the department may promulgate rules
17under par. (b) for the period before the effective date of any permanent rules
18promulgated under par. (b), but not to exceed the period authorized under s. 227.24
19(1) (c) and (2). Notwithstanding s. 227.24 (1) (a), (2) (b), and (3), the department is
20not required to provide evidence that promulgating a rule under par. (b) as an
21emergency rule is necessary for the preservation of the public peace, health, safety,
22or welfare and is not required to make a finding of emergency for promulgating a rule
23under par. (b) as an emergency rule.
SB44, s. 1434 24Section 1434. 49.687 (2) of the statutes is amended to read:
SB44,630,10
149.687 (2) The department shall develop and implement a sliding scale of
2patient liability for kidney disease aid under s. 49.68, cystic fibrosis aid under s.
349.683, and hemophilia treatment under s. 49.685, based on the patient's ability to
4pay for treatment. To The department shall continuously review the sliding scale for
5patient liability and revise it as needed to
ensure that the needs for treatment of
6patients with lower incomes receive priority within the availability of funds
amounts
7budgeted
under s. 20.435 (4) (e) and (je), the department shall revise the sliding scale
8for patient liability by January 1, 1994, and shall, every 3 years thereafter by
9January 1, review and, if necessary, revise the sliding scale
are sufficient to cover
10treatment costs
.
SB44, s. 1435 11Section 1435. 49.687 (2m) of the statutes is created to read:
SB44,630,1612 49.687 (2m) If a pharmacy directly bills the department or an entity with
13which the department contracts for a drug supplied to a person receiving benefits
14under s. 49.68, 49.683, or 49.685 and prescribed for treatment covered under s. 49.68,
1549.683, or 49.685, the person shall pay a $5 copayment amount for each such generic
16drug and a $15 copayment amount for each such brand name drug.
SB44, s. 1436 17Section 1436. 49.687 (3) (a) of the statutes is amended to read:
SB44,630,2418 49.687 (3) (a) That, as a condition of coverage for prescription drugs of a
19manufacturer under s. 49.68, 49.683, or 49.685, the manufacturer shall make rebate
20payments for each prescription drug of the manufacturer that is prescribed for and
21purchased by persons who meet eligibility criteria under s. 49.68, 49.683, or 49.685,
22to the state treasurer secretary of administration to be credited to the appropriation
23under s. 20.435 (4) (je), each calendar quarter or according to a schedule established
24by the department.
SB44, s. 1437 25Section 1437. 49.687 (4) of the statutes is created to read:
SB44,631,2
149.687 (4) The department may adopt managed care methods of cost
2containment for the programs under ss. 49.68, 49.683, and 49.685.
SB44, s. 1438 3Section 1438. 49.688 (1) (e) of the statutes is amended to read:
SB44,631,74 49.688 (1) (e) "Program payment rate" means the rate of payment made for the
5identical drug specified under s. 49.46 (2) (b) 6. h., plus 5%, plus a dispensing fee that
6is equal to the dispensing fee permitted to be charged for prescription drugs for which
7coverage is provided under s. 49.46 (2) (b) 6. h.
SB44, s. 1439 8Section 1439. 49.688 (3) (a) of the statutes is renumbered 49.688 (3) (a) (intro.)
9and amended to read:
SB44,631,1310 49.688 (3) (a) (intro.) For each 12-month benefit period, a program enrollment
11fee of $20. that is based on the percentage that a person's annual household income,
12as determined by the department, is of the federal poverty line for a family the size
13of the person's eligible family, as follows:
SB44, s. 1440 14Section 1440. 49.688 (3) (a) 1. of the statutes is created to read:
SB44,631,1515 49.688 (3) (a) 1. Two hundred percent or less, $25.
SB44, s. 1441 16Section 1441. 49.688 (3) (a) 2. of the statutes is created to read:
SB44,631,1717 49.688 (3) (a) 2. More than 200%, $30.
SB44, s. 1442 18Section 1442. 49.688 (3) (b) 1. of the statutes is renumbered 49.688 (3) (b) 1.
19(intro.) and amended to read:
SB44,631,2420 49.688 (3) (b) 1. (intro.) For each 12-month benefit period, for a person specified
21in sub. (2) (a), a deductible for prescription drugs of $500, except that a person whose
22that is based on the percentage that a person's annual household income, as
23determined by the department, is 160% or less of the federal poverty line for a family
24the size of the person's eligible family pays no deductible., as follows:
SB44, s. 1443 25Section 1443. 49.688 (3) (b) 1. a. of the statutes is created to read:
SB44,632,1
149.688 (3) (b) 1. a. One hundred sixty percent or less, no deductible.
SB44, s. 1444 2Section 1444. 49.688 (3) (b) 1. b. of the statutes is created to read:
SB44,632,33 49.688 (3) (b) 1. b. More than 160%, but not more than 200%, $500.
SB44, s. 1445 4Section 1445. 49.688 (3) (b) 1. c. of the statutes is created to read:
SB44,632,55 49.688 (3) (b) 1. c. More than 200%, but not more than 240%, $750.
SB44, s. 1446 6Section 1446. 49.688 (3) (b) 2. b. of the statutes is amended to read:
SB44,632,77 49.688 (3) (b) 2. b. Five Eight hundred fifty dollars.
SB44, s. 1447 8Section 1447. 49.688 (6) (a) of the statutes is amended to read:
SB44,632,159 49.688 (6) (a) That, except as provided in sub. (7) (b), the manufacturer shall
10make rebate payments for each prescription drug of the manufacturer that is
11prescribed for and purchased by persons who meet criteria under sub. (2) (a) and
12persons who meet criteria under sub. (2) (b) and have paid the deductible under sub.
13(3) (b) 2. a., to the state treasurer secretary of administration to be credited to the
14appropriation account under s. 20.435 (4) (j), each calendar quarter or according to
15a schedule established by the department.
SB44, s. 1448 16Section 1448 . 49.78 (5) of the statutes, as affected by 2003 Wisconsin Act ....
17(this act), is amended to read:
SB44,632,2518 49.78 (5) Personnel examinations. Statewide examinations to ascertain
19qualifications of applicants in any county department administering aid to families
20with dependent children shall be given by the administrator of the division of merit
21recruitment and selection in the department of employment relations
22administration. The department of employment relations administration shall be
23reimbursed for actual expenditures incurred in the performance of its functions
24under this section from the appropriations available to the department of health and
25family services for administrative expenditures.
SB44, s. 1449
1Section 1449. 49.785 (1) (intro.) of the statutes, as affected by 2003 Wisconsin
2Act .... (this act), is amended to read:
SB44,633,113 49.785 (1) (intro.) Except as provided in sub. (1m), if any recipient of a stipend
4under s. 49.147 (3m) (g) or of
benefits or wages under s. 49.148, 49.46, or 49.77, or
5under 42 USC 1381 to 1385 in effect on May 8, 1980, dies and the estate of the
6deceased recipient is insufficient to pay the funeral, burial, and cemetery expenses
7of the deceased recipient, the county or applicable tribal governing body or
8organization responsible for burial of the recipient shall pay, to the person
9designated by the county department under s. 46.215, 46.22, or 46.23 or applicable
10tribal governing body or organization responsible for the burial of the recipient, all
11of the following:
SB44, s. 1450 12Section 1450. 49.79 (4) of the statutes is amended to read:
SB44,633,1713 49.79 (4) Deductions from county income maintenance payments. The
14department shall withhold the value of food stamp losses for which a county or
15federally recognized American Indian tribe is liable under sub. (3) from the payment
16to the county or tribe under income maintenance contracts under s. 49.33 49.78 and
17reimburse the federal government from the funds withheld.
SB44, s. 1451 18Section 1451. 49.85 (title) of the statutes is amended to read:
SB44,633,20 1949.85 (title) Certification of certain public assistance overpayments
20and delinquent loan repayments.
SB44, s. 1452 21Section 1452. 49.85 (1) of the statutes is amended to read:
SB44,634,722 49.85 (1) Department notification requirement. If a county department under
23s. 46.215, 46.22, or 46.23 or a governing body of a federally recognized American
24Indian tribe or band determines that the department of health and family services
25may recover an amount under s. 49.497 or that the department of workforce

1development may recover an amount under s. 49.161, 49.195 (3), or 49.793, or collect
2an amount under s. 49.147 (6) (cm),
the county department or governing body shall
3notify the affected department of the determination. If a Wisconsin works agency
4determines that the department of workforce development may recover an amount
5under s. 49.161 or 49.195 (3), or collect an amount under s. 49.147 (6) (cm), the
6Wisconsin works agency shall notify the department of workforce development of the
7determination.
SB44, s. 1453 8Section 1453 . 49.85 (1) of the statutes, as affected by 2003 Wisconsin Act ....
9(this act), is amended to read:
SB44,634,2010 49.85 (1) Department notification requirement. If a county department under
11s. 46.215, 46.22, or 46.23 or a governing body of a federally recognized American
12Indian tribe or band determines that the department of health and family services
13may recover an amount under s. 49.497 or that the department of workforce
14development may recover an amount under s. 49.161, 49.195 (3), or 49.793, or collect
15an amount under s. 49.147 (6) (cm) 49.1471 (3m), the county department or
16governing body shall notify the affected department of the determination. If a
17Wisconsin works agency determines that the department of workforce development
18may recover an amount under s. 49.161 or 49.195 (3), or collect an amount under s.
1949.147 (6) (cm) 49.1471 (3m), the Wisconsin works agency shall notify the
20department of workforce development of the determination.
SB44, s. 1454 21Section 1454. 49.85 (2) (b) of the statutes is amended to read:
SB44,635,522 49.85 (2) (b) At least annually, the department of workforce development shall
23certify to the department of revenue the amounts that, based on the notifications
24received under sub. (1) and on other information received by the department of
25workforce development, the department of workforce development has determined

1that it may recover under ss. 49.161, 49.195 (3), and 49.793, and collect under s.
249.147 (6) (cm),
except that the department of workforce development may not certify
3an amount under this subsection unless it has met the notice requirements under
4sub. (3) and unless its determination has either not been appealed or is no longer
5under appeal.
SB44, s. 1455 6Section 1455 . 49.85 (2) (b) of the statutes, as affected by 2003 Wisconsin Act
7.... (this act), is amended to read:
SB44,635,168 49.85 (2) (b) At least annually, the department of workforce development shall
9certify to the department of revenue the amounts that, based on the notifications
10received under sub. (1) and on other information received by the department of
11workforce development, the department of workforce development has determined
12that it may recover under ss. 49.161, 49.195 (3), and 49.793, and collect under s.
1349.147 (6) (cm) 49.1471 (3m), except that the department of workforce development
14may not certify an amount under this subsection unless it has met the notice
15requirements under sub. (3) and unless its determination has either not been
16appealed or is no longer under appeal.
SB44, s. 1456 17Section 1456. 49.85 (3) (b) (intro.) of the statutes is amended to read:
SB44,635,2118 49.85 (3) (b) (intro.) At least 30 days before certification of an amount, the
19department of workforce development shall send a notice to the last-known address
20of the person from whom that department intends to recover or collect the amount.
21The notice shall do all of the following:
SB44, s. 1457 22Section 1457. 49.85 (3) (b) 1. of the statutes is amended to read:
SB44,636,223 49.85 (3) (b) 1. Inform the person that the department of workforce
24development intends to certify to the department of revenue an amount that the
25department of workforce development has determined to be due under s. 49.161,

149.195 (3), or 49.793, or to be delinquent under a repayment agreement for a loan
2under s. 49.147 (6),
for setoff from any state tax refund that may be due the person.
SB44, s. 1458 3Section 1458 . 49.85 (3) (b) 1. of the statutes, as affected by 2003 Wisconsin Act
4.... (this act), is amended to read:
SB44,636,105 49.85 (3) (b) 1. Inform the person that the department of workforce
6development intends to certify to the department of revenue an amount that the
7department of workforce development has determined to be due under s. 49.161,
849.195 (3), or 49.793, or to be delinquent under a repayment agreement for a loan
9under s. 49.147 (6) 49.1471, for setoff from any state tax refund that may be due the
10person.
SB44, s. 1459 11Section 1459. 49.85 (5) of the statutes is amended to read:
SB44,636,2012 49.85 (5) Effect of certification. Receipt of a certification by the department
13of revenue shall constitute a lien, equal to the amount certified, on any state tax
14refunds or credits owed to the obligor. The lien shall be foreclosed by the department
15of revenue as a setoff under s. 71.93. Certification of an amount under this section
16does not prohibit the department of health and family services or the department of
17workforce development from attempting to recover or collect the amount through
18other legal means. The department of health and family services or the department
19of workforce development shall promptly notify the department of revenue upon
20recovery or collection of any amount previously certified under this section.
SB44, s. 1460 21Section 1460. 49.854 (11) (b) of the statutes is amended to read:
SB44,637,222 49.854 (11) (b) The department. The department may assess a collection fee
23to recover the department's costs incurred in levying against property under this
24section. The department shall determine its costs to be paid in all cases of levy. The
25obligor is liable to the department for the amount of the collection fee authorized

1under this paragraph. Fees collected under this paragraph shall be credited to the
2appropriation account under s. 20.445 (1) (L) (3) (ja).
SB44, s. 1461 3Section 1461. 49.95 (4m) (a) of the statutes is amended to read:
SB44,637,94 49.95 (4m) (a) Without legal authority, sends or brings a person to a county,
5tribal governing body, or municipality or advises a person to go to a county, tribal
6governing body, or municipality for the purpose of obtaining relief funded by a relief
7block grant, wages, a stipend, or benefits under the Wisconsin works Works program
8under ss. 49.141 to 49.161, aid to families with dependent children under s. 49.19,
9medical assistance under subch. IV, or food stamps under 7 USC 2011 to 2029.
SB44, s. 1462 10Section 1462. 49.95 (11) of the statutes is amended to read:
SB44,637,1211 49.95 (11) "Public assistance" as used in this section includes relief funded by
12a relief block grant and wages, a stipend, or benefits under ss. 49.141 to 49.161.
SB44, s. 1463 13Section 1463. 49.96 of the statutes is amended to read:
SB44,637,20 1449.96 Assistance grants exempt from levy. All grants of aid to families with
15dependent children, stipends paid under s. 49.147 (3m) (g), payments made under
16ss. s. 48.57 (3m) or (3n), 49.148 (1) (b) 1. or (c) or (1m) or 49.149 to 49.159, 49.155, or
1749.157
, payments made for social services, cash benefits paid by counties under s.
1859.53 (21), and benefits under s. 49.77 or federal Title XVI, are exempt from every
19tax, and from execution, garnishment, attachment, and every other process and shall
20be inalienable.
SB44, s. 1464 21Section 1464. 50.01 (1g) (c) of the statutes is amended to read:
SB44,637,2222 50.01 (1g) (c) A shelter facility as defined under s. 16.352 560.9808 (1) (d).
SB44, s. 1465 23Section 1465. 50.03 (5g) (c) 1. (intro.) of the statutes is amended to read:
SB44,638,224 50.03 (5g) (c) 1. (intro.) A daily forfeiture amount per violation of not less than
25$10 nor more than $1,000 $10,000 for each violation, with each day of violation

1constituting a separate offense. All of the following apply to a forfeiture under this
2subdivision:
SB44, s. 1466 3Section 1466. 50.03 (5g) (c) 1. c. of the statutes is amended to read:
SB44,638,104 50.03 (5g) (c) 1. c. All forfeitures shall be paid to the department within 10 days
5after receipt of notice of assessment or, if the forfeiture is contested under par. (f),
6within 10 days after receipt of the final decision after exhaustion of administrative
7review, unless the final decision is appealed and the order is stayed by court order
8under s. 50.03 (11). The department shall remit all forfeitures paid under this
9subdivision to the state treasurer secretary of administration for deposit in the
10school fund.
SB44, s. 1467 11Section 1467. 50.034 (8) (d) of the statutes is amended to read:
SB44,638,1712 50.034 (8) (d) All forfeitures shall be paid to the department within 10 days
13after receipt of notice of assessment or, if the forfeiture is contested under par. (c),
14within 10 days after receipt of the final decision after exhaustion of administrative
15review, unless the final decision is appealed and the order is stayed by court order.
16The department shall remit all forfeitures paid to the state treasurer secretary of
17administration
for deposit in the school fund.
SB44, s. 1468 18Section 1468. 50.035 (11) (d) of the statutes is amended to read:
SB44,638,2419 50.035 (11) (d) All forfeitures shall be paid to the department within 10 days
20after receipt of notice of assessment or, if the forfeiture is contested under par. (c),
21within 10 days after receipt of the final decision after exhaustion of administrative
22review, unless the final decision is appealed and the order is stayed by court order.
23The department shall remit all forfeitures paid to the state treasurer secretary of
24administration
for deposit in the school fund.
SB44, s. 1469 25Section 1469. 50.04 (5) (bm) of the statutes is created to read:
SB44,639,6
150.04 (5) (bm) Forfeiture surcharge. Whenever the department imposes a
2forfeiture under par. (a) for a violation of this subchapter or a rule promulgated under
3this subchapter, the department shall in addition levy a forfeiture surcharge in an
4amount of 6% of the forfeiture imposed. If multiple violations are involved, the
5forfeiture surcharge under this paragraph shall be based on the total forfeitures for
6all violations.
SB44, s. 1470 7Section 1470. 50.04 (5) (c) of the statutes is amended to read:
SB44,639,158 50.04 (5) (c) Assessment of forfeitures ; powers and duties of department and
9forfeiture surcharges
. The department may directly assess forfeitures provided for
10under par. (a) and forfeiture surcharges provided for under par. (bm). If the
11department determines that a forfeiture and forfeiture surcharge should be assessed
12for a particular violation or for failure to correct it, it shall send a notice of assessment
13to the nursing home. The notice shall specify the amount of the forfeiture and
14forfeiture surcharge
assessed, the violation, the statute or rule alleged to have been
15violated, and shall inform the licensee of the right to hearing under par. (e).
SB44, s. 1471 16Section 1471. 50.04 (5) (f) of the statutes is amended to read:
SB44,639,2417 50.04 (5) (f) Forfeitures and forfeiture surcharges paid within 10 days. All
18forfeitures and forfeiture surcharges shall be paid to the department within 10 days
19of receipt of notice of assessment or, if the forfeiture is contested under par. (e), within
2010 days of receipt of the final decision after exhaustion of administrative review,
21unless the final decision is appealed and the order is stayed by court order under s.
2250.03 (11). The department shall remit all forfeitures paid to the state treasurer for
23deposit in the school fund and shall credit all forfeiture surcharges to the
24appropriation account under s. 20.435 (6) (jm)
.
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