AB100: Bill Text

AB100,540,23 49.155 (4) Choice of provider. An eligible individual shall choose whether the child care will be provided by a day care center licensed under s. 48.65 49.98, a Level I certified family day care provider, a Level II certified family day care provider, or a day care program provided or contracted for by a school board under s. 120.13 (14).

AB100, s. 1084 Section 1084. 49.155 (6) (e) of the statutes is created to read:

AB100,541,7 49.155 (6) (e) The department may establish a tiered reimbursement system under which the department reimburses a child care provider for child care services provided under this section at a rate that is based on the child care provider's quality rating under the rating system established under s. 48.982 (5). Notwithstanding pars. (a), (b), and (c), the rate at which a child care provider is reimbursed under a system established under this paragraph may exceed the maximum reimbursement rate established under par. (a), (b), or (c).

AB100, s. 1085 Section 1085. 49.159 (4) of the statutes is amended to read:

AB100,541,13 49.159 (4) Pregnant women. A pregnant woman whose pregnancy is medically verified, who would be eligible under s. 49.145 except that she is not a custodial parent of a dependent child, and who does not satisfy the requirements under s. 49.148 (1m) (a) 2. is eligible for employment training and job search assistance services provided by the Wisconsin works Works agency.

AB100, s. 1086 Section 1086. 49.175 (1) (intro.) of the statutes is amended to read:

AB100,541,18 49.175 (1) Allocation of funds. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.445 (3) (a), (cm), (dz), (jL), (jm), (k), (kx), (L), (mc), (md), (nL), and (me), (s), and (t), the department shall allocate the following amounts for the following purposes:

AB100, s. 1087 Section 1087. 49.175 (1) (a) of the statutes is amended to read:

AB100,541,25 49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits provided under contracts having a term that begins on January 1, 2002, and ends on December 31, 2003, $33,219,700 in fiscal year 2003-04; and for Wisconsin Works benefits provided under contracts having a term that begins on January 1, 2004, and ends on December 31, 2005, $33,219,700, $59,526,100 in fiscal year 2003-04 2005-06 and $66,439,400 $52,612,800 in fiscal year 2004-05 2006-07.

AB100, s. 1088 Section 1088. 49.175 (1) (b) of the statutes is amended to read:

AB100,542,8 49.175 (1) (b) Wisconsin Works administration. For administration of Wisconsin Works performed under contracts under s. 49.143 having a term that begins on January 1, 2002, and ends on December 31, 2003, $10,582,800 in fiscal year 2003-04; and for administration of Wisconsin Works performed under contracts under s. 49.143 having a term that begins on January 1, 2004, and ends on December 31, 2005, $10,582,900, $20,107,500 in fiscal year 2003-04 2005-06 and $21,165,700 $19,049,200 in fiscal year 2004-05 2006-07.

AB100, s. 1089 Section 1089. 49.175 (1) (c) of the statutes is amended to read:

AB100,542,13 49.175 (1) (c) Performance bonuses. For the payment of performance bonuses to Wisconsin Works agencies that have entered into contracts under s. 49.143 having a term that begins on January 1, 2002 2004, and that ends on December 31, 2003 2005, $0 in fiscal year 2003-04 2005-06.

AB100, s. 1090 Section 1090. 49.175 (1) (f) of the statutes is amended to read:

AB100,542,25 49.175 (1) (f) Wisconsin Works ancillary services. For program services under Wisconsin Works, including transportation assistance for individuals who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq., provided under contracts under s. 49.143 having a term that begins on January 1, 2002, and ends on December 31, 2003, $27,803,300 in fiscal year 2003-04; and for program services under Wisconsin Works, including transportation assistance for individuals who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq., education and training, mentoring, and other services provided under contracts under s. 49.143 having a term that begins on January 1, 2004, and ends on December 31, 2005, $27,803,300, 49,879,200 in fiscal year 2003-04 2005-06 and $55,606,600 $44,151,800 in fiscal year 2004-05 2006-07.

AB100, s. 1091 Section 1091. 49.175 (1) (g) of the statutes is amended to read:

AB100,543,4 49.175 (1) (g) State administration of public assistance programs. For state administration of public assistance programs, $18,484,600 $17,004,500 in each fiscal year.

AB100, s. 1092 Section 1092. 49.175 (1) (m) of the statutes is amended to read:

AB100,543,7 49.175 (1) (m) Children first. For services under the work experience program for noncustodial parents under s. 49.36, $1,140,000 $1,361,000 in each fiscal year.

AB100, s. 1093 Section 1093. 49.175 (1) (n) of the statutes is repealed.

AB100, s. 1094 Section 1094. 49.175 (1) (p) of the statutes is amended to read:

AB100,543,12 49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155, $298,640,600 $307,282,800 in fiscal year 2003-04 2005-06 and $308,040,600 $300,509,900 in fiscal year 2004-05 2006-07.

AB100, s. 1095 Section 1095. 49.175 (1) (q) of the statutes is amended to read:

AB100,543,17 49.175 (1) (q) Indirect child Child care services state administration. For indirect child care services state administrative costs under s. 49.155 (1g), $9,559,400 in fiscal year 2003-04 and $9,626,700 s. 49.155 (1g) (b), $7,476,400 in each fiscal year 2004-05.

AB100, s. 1096 Section 1096. 49.175 (1) (qm) of the statutes is amended to read:

AB100,543,23 49.175 (1) (qm) Local pass-through grant program Quality care for quality kids. For the local pass-through grant program under s. 49.137 (4m), $2,475,100 child care quality improvement activities specified in s. 49.155 (1g) (d), $11,503,500 in fiscal year 2003-04 2005-06 and $2,478,500 $10,003,500 in fiscal year 2004-05 2006-07.

AB100, s. 1097 Section 1097. 49.175 (1) (r) of the statutes is amended to read:

AB100,544,2 49.175 (1) (r) Early childhood excellence initiative. For grants under s. 49.1375, $2,500,000 $2,250,000 in each fiscal year 2005-06.

AB100, s. 1098 Section 1098. 49.175 (1) (r) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed.

AB100, s. 1099 Section 1099. 49.175 (1) (v) of the statutes is created to read:

AB100,544,8 49.175 (1) (v) Transportation assistance grants. For transportation assistance for individuals who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq., $900,000 in each fiscal year.

AB100, s. 1100 Section 1100. 49.175 (1) (ze) 1. of the statutes is amended to read:

AB100,544,12 49.175 (1) (ze) 1. `Kinship care and long-term kinship care assistance.' For the kinship care and long-term kinship care programs under s. 48.57 (3m), (3n), and (3p), $24,122,200 $23,748,400 in each fiscal year.

AB100, s. 1101 Section 1101. 49.175 (1) (ze) 2. of the statutes is amended to read:

AB100,544,17 49.175 (1) (ze) 2. `Children of recipients of supplemental security income.' For payments made under s. 49.775 for the support of the dependent children of recipients of supplemental security income, $26,397,200 $29,973,600 in fiscal year 2003-04 2005-06 and $29,175,100 $28,893,300 in fiscal year 2004-05 2006-07.

AB100, s. 1102 Section 1102. 49.175 (1) (ze) 7. of the statutes is repealed.

AB100, s. 1103 Section 1103. 49.175 (1) (ze) 8. of the statutes is repealed.

AB100, s. 1104 Section 1104. 49.175 (1) (ze) 10m. of the statutes is amended to read:

AB100,544,24 49.175 (1) (ze) 10m. `Safety services.' For services provided in counties having a population of 500,000 or more to ensure the safety of children who the department of health and family services determines may remain at home if appropriate services are provided, $7,045,500 $7,323,600 in each fiscal year.

AB100, s. 1105 Section 1105. 49.175 (1) (ze) 12. of the statutes is amended to read:

AB100,545,5 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 $1,310,800 in fiscal year 2003-04 2005-06 and $1,741,300 $1,317,700 in fiscal year 2004-05 2006-07.

AB100, s. 1106 Section 1106. 49.175 (1) (zh) of the statutes is amended to read:

AB100,545,11 49.175 (1) (zh) Taxable years 1999 and thereafter Earned income tax credit supplement. 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, $57,892,000 in fiscal year 2003-04 and $59,532,000 $59,532,000 in each fiscal year 2004-05.

AB100, s. 1107 Section 1107. 49.175 (1) (zj) of the statutes is repealed.

AB100, s. 1108 Section 1108. 49.175 (1) (zL) of the statutes is renumbered 115.28 (35) and amended to read:

AB100,545,18 115.28 (35) English for Southeast Asian children. To Annually pay to the school board of the Wausau school district for English training instruction for 3-year-old, 4-year-old and 5-year-old Southeast Asian children, $100,000 in each fiscal year the amount appropriated under s. 20.255 (2) (ce).

AB100, s. 1109 Section 1109. 49.175 (1) (zn) of the statutes is repealed.

AB100, s. 1110 Section 1110. 49.195 (3m) (b) of the statutes is amended to read:

AB100,546,5 49.195 (3m) (b) The clerk of circuit court shall accept, file, and enter the each warrant under par. (a) and each satisfaction, release, or withdrawal under par. (d), (e), (g), or (h) in the judgment and lien docket without prepayment of any fee, but the clerk of circuit court shall submit a statement of the proper fee semiannually to the department covering the periods from January 1 to June 30 and July 1 to December 31 unless a different billing period is agreed to between the clerk of circuit court and the department. The department shall pay the fees, but shall add the fees provided by s. 814.61 (5) for entering the warrants to the amount of the warrant and shall collect the fees from the person named in the warrant when satisfaction or release is presented for entry.

AB100, s. 1111 Section 1111. 49.195 (3m) (h) of the statutes is amended to read:

AB100,546,11 49.195 (3m) (h) If the department arranges a payment schedule with the debtor and the debtor complies with the payment schedule, the department shall may issue a notice of withdrawal of the warrant to the clerk of circuit court for the county in which the warrant is filed. The If the department issues a notice of withdrawal of the warrant, the clerk shall void the warrant and the resulting liens.

AB100, s. 1112 Section 1112. 49.195 (3n) (p) of the statutes is amended to read:

AB100,546,15 49.195 (3n) (p) A levy is effective from the date on which the levy is first served on the 3rd party until the liability out of which the levy arose is satisfied, or until the levy is released or until one year from the date of service, whichever occurs first.

AB100, s. 1113 Section 1113. 49.195 (3n) (t) of the statutes is amended to read:

AB100,546,20 49.195 (3n) (t) Any 3rd party is entitled to a levy fee of $5 for each levy in any case where in which property is secured through the levy. The If the 3rd party retains the fee, the 3rd party shall increase the levy amount by the amount of the fee and deduct the fee from the proceeds of the levy.

AB100, s. 1114 Section 1114. 49.197 (1m) of the statutes is amended to read:

AB100,547,14 49.197 (1m) Fraud investigation. From the appropriations under s. 20.445 (3) (dz), (kx), (L), (md), (n), and (nL), the department shall establish a program to investigate suspected fraudulent activity on the part of recipients of aid to families with dependent children under s. 49.19, on the part of participants in the Wisconsin works Works program under ss. 49.141 to 49.161, and, if the department of health and family services contracts with the department under sub. (5), on the part of recipients of medical assistance under subch. IV and, food stamp benefits under the food stamp program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, payments for the support of children of supplemental security income recipients under s. 49.775, and health care benefits under the Badger Care health care program under s. 49.665. The department's activities under this subsection may include, but are not limited to, comparisons of information provided to the department by an applicant and information provided by the applicant to other federal, state, and local agencies, development of an advisory welfare investigation prosecution standard, and provision of funds to county departments under ss. 46.215, 46.22, and 46.23 and to Wisconsin works Works agencies to encourage activities to detect fraud. The department shall cooperate with district attorneys regarding fraud prosecutions.

AB100, s. 1115 Section 1115. 49.197 (3) of the statutes is amended to read:

AB100,547,23 49.197 (3) State error reduction activities. The department shall conduct activities to reduce payment errors in Wisconsin works Works under ss. 49.141 to 49.161 and, if the department of health and family services contracts with the department under sub. (5), the medical assistance Medical Assistance program under subch. IV and, the food stamp program under 7 USC 2011 to 2036, the supplemental security income payments program under s. 49.77, the program providing payments for the support of children of supplemental security income recipients under s. 49.775, and the Badger Care health care program under s. 49.665.

AB100, s. 1116 Section 1116. 49.197 (4) of the statutes is amended to read:

AB100,548,10 49.197 (4) County and tribal error reduction. If the department of health and family services contracts with the department under sub. (5), the department shall provide funds from the appropriation under s. 20.445 (3) (kx) to counties and governing bodies of federally recognized American Indian tribes administering medical assistance Medical Assistance under subch. IV or, the food stamp program under 7 USC 2011 to 2036, the supplemental security income payments program under s. 49.77, the program providing payments for the support of children of supplemental security income recipients under s. 49.775, and the Badger Care health care program under s. 49.665 to offset administrative costs of reducing payment errors in those programs.

AB100, s. 1117 Section 1117. 49.197 (5) of the statutes is amended to read:

AB100,548,25 49.197 (5) Contracts for medical assistance and, food stamps, supplemental security income, and caretaker supplement. The Notwithstanding s. 49.845 (1) and (2), the department of health and family services may contract with the department to investigate suspected fraudulent activity on the part of recipients of medical assistance under subch. IV or recipients of, food stamp benefits under the food stamp program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, payments for the support of children of supplemental security income recipients under s. 49.775, and health care benefits under the Badger Care health care program under s. 49.665 and to conduct activities to reduce payment errors in the Medical Assistance program under subch. IV, the food stamp program under 7 USC 2011 to 2036, the supplemental security income payments program under s. 49.77, the program providing payments for the support of children of supplemental security income recipients under s. 49.775, and the Badger Care health care program under s. 49.665, as provided in this section.

AB100, s. 1118 Section 1118. 49.22 (1) of the statutes is amended to read:

AB100,549,16 49.22 (1) There is created a child and spousal support and establishment of paternity and medical liability support liability program in the department. The purpose of this program is to establish paternity when possible, to establish or modify support obligations, to enforce support obligations owed by parents to their children and maintenance obligations owed to spouses or former spouses with whom the children reside in this state or owed in other states if the support order was issued in this state or owed in other states if the parent, spouse, or former spouse resides in this state, to locate persons who are alleged to have taken their child in violation of s. 948.31 or of similar laws in other states, and to locate and value property of any person having a support duty. To accomplish the objectives of this program and of other assistance programs under this chapter, county and state agencies will cooperate with one another to implement a child and spousal support and paternity establishment and medical support liability program in accordance with state and federal laws, regulations, and rules and to assure proper distribution of benefits of all assistance programs authorized under this chapter.

AB100, s. 1119 Section 1119. 49.36 (2) of the statutes is amended to read:

AB100,550,2 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) or (4). The program may also include job search and job orientation activities. The department shall fund the program from the appropriation appropriations under s. 20.445 (3) (dz) and (k).

AB100, s. 1120 Section 1120. 49.45 (2) (a) 3m. of the statutes is repealed.

AB100, s. 1121 Section 1121. 49.45 (2) (a) 17. of the statutes is amended to read:

AB100,550,9 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) and, (gp), (r), and (rg) are insufficient to provide the state share of medical assistance.

AB100, s. 1122 Section 1122 . 49.45 (2) (a) 17. of the statutes, as affected by 2005 Wisconsin Act .... (this act), is amended to read:

AB100,550,16 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), (gp), and (r), and (rg) are insufficient to provide the state share of medical assistance.

AB100, s. 1123 Section 1123. 49.45 (2) (a) 26. of the statutes is created to read:

AB100,551,18 49.45 (2) (a) 26. a. Impose on each health maintenance organization, as defined in s. 609.01 (2), with a contract under sub. (2) (b) 2. to provide health care to recipients of Medical Assistance or Badger Care, for the privilege of doing business in this state, an annual assessment of 6 percent of the health maintenance organization's gross revenues for the current calendar year. The assessment shall be deposited into the Medical Assistance trust fund. Each health maintenance organization subject to this subdivision shall file with the office of the commissioner of insurance annually, by March 1, a statement of the gross revenues for the health maintenance organization for the immediately preceding calendar year. If a health maintenance organization fails to file such a report by March 1, the department may withhold payment under this section until the report is filed. The department shall determine the amount of each health maintenance organization's assessment, based on the statement that the health maintenance organization files with the office of the commissioner of insurance. Each health maintenance organization shall pay one-fourth of the total assessment quarterly. For 2007 and every year thereafter, on March 31 payment is due based on estimated gross revenues for the health maintenance organization for the period January 1 to March 31 of that year, and the department may adjust the payment amount to ensure that payments made for the previous calendar year equaled an assessment of 6 percent of the health maintenance organization's actual gross revenues for the immediately preceding calendar year; on June 30 payment is due based on actual gross revenues for the health maintenance organization for the period January 1 to March 31 of that year; on September 30 payment is due based on actual gross revenues for the health maintenance organization for the period April 1 to June 30 of that year; and on December 31 payment is due based on actual gross revenues for the health maintenance organization for the period July 1 to September 30 of that year.

AB100,551,23 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 subdivision, except that the amount of any assessment collected under subd. 26. a. shall be deposited into the Medical Assistance trust fund.

AB100,552,3 c. The department shall levy, enforce, and collect the assessment under this subdivision and shall develop and distribute forms necessary for levying and collection.

AB100,552,5 d. The department shall establish procedures and requirements for levying the assessment under this subdivision.

AB100,552,10 e. An affected health maintenance organization may contest an action by the department of health and family services under this subdivision by submitting a written request for a hearing to the division of hearings and appeals in the department of administration within 30 days after the date of the action by the department of health and family services.

AB100,552,13 f. Any order or determination made by the division of hearing and appeals in the department of administration under a hearing as specified in subd. 26. e. is subject to judicial review as prescribed under ch. 227.

AB100, s. 1124 Section 1124. 49.45 (3) (i) of the statutes is repealed.

AB100, s. 1125 Section 1125. 49.45 (5m) (am) of the statutes is amended to read:

AB100,552,23 49.45 (5m) (am) Notwithstanding sub. (3) (e), from the appropriation accounts under s. 20.435 (4) (b), (gp), (o), and (w) (rm), 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).

AB100, s. 1126 Section 1126. 49.45 (6m) (ag) (intro.) of the statutes is amended to read:

AB100,553,7 49.45 (6m) (ag) (intro.) Payment for care provided in a facility under this subsection made under s. 20.435 (4) (b), (gp), (pa), (o), (r), (rg), (w), or (wm) shall, except as provided in pars. (bg), (bm), and (br), be determined according to a prospective payment system updated annually by the department. The payment system shall implement standards that are necessary and proper for providing patient care and that meet quality and safety standards established under subch. II of ch. 50 and ch. 150. The payment system shall reflect all of the following: