AB100-engrossed,525,2015
49.82
(2) Eligibility verification. Proof shall be provided for each person
16included in an application for public assistance under this chapter, except for a child
17who is eligible for medical assistance under s. 49.46 or 49.47 because of
42 USC 1396a 18(e) (4)
or an unborn child who is eligible for coverage under the Badger Care health
19care program under s. 49.665 (4) (ap), of his or her social security number or that an
20application for a social security number has been made.
AB100-engrossed,526,7
2249.83 Limitation on giving information. Except as provided under s. 49.32
23(9), (10)
, and (10m), no person may use or disclose information concerning applicants
24and recipients of relief funded by a relief block grant, aid to families with dependent
25children, Wisconsin
works Works under ss. 49.141 to 49.161, social services, child
1and spousal support and establishment of paternity
and medical support liability 2services under s. 49.22
, or supplemental payments under s. 49.77 for any purpose not
3connected with the administration of the programs
, except that the department of
4workforce development may disclose such information to the department of revenue
5for the sole purpose of administering state taxes. Any person violating this section
6may be fined not less than $25 nor more than $500 or imprisoned in the county jail
7not less than 10 days nor more than one year or both.
****Note: This is reconciled s. 49.83. This Section has been affected by drafts with
the following LRB numbers: 0299/1 and 1525/2.
AB100-engrossed,527,4
949.845 Fraud investigation and error reduction. (1) Fraud
10investigation. From the appropriations under s. 20.435 (4) (bn), (kz), (L), and (nn),
11the department of health and family services shall establish a program to investigate
12suspected fraudulent activity on the part of recipients of medical assistance under
13subch. IV, food stamp benefits under the food stamp program under
7 USC 2011 to
142036, supplemental security income payments under s. 49.77, payments for the
15support of children of supplemental security income recipients under s. 49.775, and
16health care benefits under the Badger Care health care program under s. 49.665 and,
17if the department of workforce development contracts with the department of health
18and family services under sub. (4), on the part of recipients of aid to families with
19dependent children under s. 49.19 and participants in the Wisconsin Works program
20under ss. 49.141 to 49.161. The activities of the department of health and family
21services under this subsection may include comparisons of information provided to
22the department by an applicant and information provided by the applicant to other
23federal, state, and local agencies, development of an advisory welfare investigation
1prosecution standard, and provision of funds to county departments under ss.
246.215, 46.22, and 46.23 and to Wisconsin Works agencies to encourage activities to
3detect fraud. The department of health and family services shall cooperate with
4district attorneys regarding fraud prosecutions.
AB100-engrossed,527,13
5(2) State error reduction activities. The department of health and family
6services shall conduct activities to reduce payment errors in the Medical Assistance
7program under subch. IV, the food stamp program under
7 USC 2011 to
2036, the
8supplemental security income payments program under s. 49.77, the program
9providing payments for the support of children of supplemental security income
10recipients under s. 49.775, and the Badger Care health care program under s. 49.665
11and, if the department of workforce development contracts with the department of
12health and family services under sub. (4), in Wisconsin Works under ss. 49.141 to
1349.161.
AB100-engrossed,527,19
14(3) Wisconsin Works agency error reduction. If the department of workforce
15development contracts with the department of health and family services under sub.
16(4), the department of health and family services shall provide funds from the
17appropriation under s. 20.435 (4) (kz) to Wisconsin Works agencies to offset the
18administrative costs of reducing payment errors in Wisconsin Works under ss.
1949.141 to 49.161.
AB100-engrossed,528,2
20(4) Contract for Wisconsin Works. Notwithstanding s. 49.197 (1m) and (3),
21the department of workforce development may contract with the department of
22health and family services to investigate suspected fraudulent activity on the part
23of recipients of aid to families with dependent children under s. 49.19 and
24participants in Wisconsin Works under ss. 49.141 to 49.161 and to conduct activities
1to reduce payment errors in Wisconsin Works under ss. 49.141 to 49.161, as provided
2in this section.
AB100-engrossed,528,9
449.847 Recovery of incorrect payments under certain public
5assistance programs. (1) Subject to ss. 49.497 (1) and 49.793 (1), the department
6of health and family services, or a county or elected governing body of a federally
7recognized American Indian tribe or band acting on behalf of the department, may
8recover benefits incorrectly paid under any of the programs administered by the
9department under this chapter.
AB100-engrossed,528,14
10(2) The department, county, or elected governing body may recover an
11overpayment from a family or individual who continues to receive benefits under any
12program administered by the department under this chapter by reducing the
13family's or individual's benefit amount. Subject to s. 49.793 (1), the department may
14by rule specify other methods for recovering incorrectly paid benefits.
AB100-engrossed,528,18
15(3) Subject to ss. 49.497 (2) and 49.793 (2), a county or elected governing body
16may retain a portion of an amount recovered under this section due to the efforts of
17an employee or officer of the county, tribe, or band, as provided by the department
18by rule.
AB100-engrossed,529,520
49.85
(1) Department notification requirement. If a county department under
21s. 46.215, 46.22, or 46.23 or a governing body of a federally recognized American
22Indian tribe or band determines that the department of health and family services
23may recover an amount under s. 49.497
, 49.793, or 49.847, or that the department
24of workforce development may recover an amount under s. 49.161
, or 49.195 (3)
, or
2549.793, or collect an amount under s. 49.147 (6) (cm), the county department or
1governing body shall notify the affected department of the determination. If a
2Wisconsin
works Works agency determines that the department of workforce
3development may recover an amount under s. 49.161 or 49.195 (3), or collect an
4amount under s. 49.147 (6) (cm), the Wisconsin
works
Works agency shall notify the
5department of workforce development of the determination.
AB100-engrossed, s. 1198
6Section
1198. 49.85 (2) (a) of the statutes is renumbered 49.85 (2) (a) (intro.)
7and amended to read:
AB100-engrossed,529,148
49.85
(2) (a) (intro.) At least annually, the department of health and family
9services shall certify to the department of revenue the amounts that, based on the
10notifications received under sub. (1) and on other information received by the
11department of health and family services, the department of health and family
12services has determined that it may recover under s. 49.45 (2) (a) 10.
or, 49.497
,
1349.793, or 49.847, except that the department of health and family services may not
14certify an amount under this subsection unless
it
all of the following apply:
AB100-engrossed,529,16
151. The department has met the notice requirements under sub. (3)
and unless
16its.
AB100-engrossed,529,18
172. The department's determination has either not been appealed or is no longer
18under appeal.
AB100-engrossed,529,2120
49.85
(2) (a) 3. If the determination relates to recovery of an amount under s.
2149.497, the determination was rendered to a judgment under s. 49.497 (1m) (b).
****Note: This is reconciled s. 49.85 (2). This
Section has been affected by drafts
with the following LRB numbers: LRB-0265 and LRB-0879.
AB100-engrossed,530,9
149.85
(2) (b) At least annually, the department of workforce development shall
2certify to the department of revenue the amounts that, based on the notifications
3received under sub. (1) and on other information received by the department of
4workforce development, the department of workforce development has determined
5that it may recover under ss. 49.161
, and 49.195 (3)
, and 49.793, and collect under
6s. 49.147 (6) (cm), except that the department of workforce development may not
7certify an amount under this subsection unless it has met the notice requirements
8under sub. (3) and unless its determination has either not been appealed or is no
9longer under appeal.
AB100-engrossed,530,1511
49.85
(3) (a) 1. Inform the person that the department of health and family
12services intends to certify to the department of revenue an amount that the
13department of health and family services has determined to be due under s. 49.45
14(2) (a) 10.
or, 49.497
, 49.793, or 49.847, for setoff from any state tax refund that may
15be due the person.
AB100-engrossed,530,2117
49.85
(3) (b) 1. Inform the person that the department of workforce
18development intends to certify to the department of revenue an amount that the
19department of workforce development has determined to be due under s. 49.161
, or 2049.195 (3)
, or 49.793, or to be delinquent under a repayment agreement for a loan
21under s. 49.147 (6), for setoff from any state tax refund that may be due the person.
AB100-engrossed,531,223
49.855
(6) If the state implements the child and spousal support and
24establishment of paternity
and medical support liability program under ss. 49.22
1and 59.53 (5), the state may act under this section in place of the county child support
2agency under s. 59.53 (5).
AB100-engrossed,531,74
49.857
(1) (d) 4. A certification, license, training permit, registration, approval
5or certificate issued under s. 49.45 (2) (a) 11., 146.50 (5) (a) or (b), (6g) (a) or (8) (a),
6250.05 (5), 252.23 (2), 252.24 (2), 254.176 (1) or (3) (a), 254.178 (2) (a), 254.20 (2), (3)
7or (4), 254.47 (1), 254.64 (1) (a) or (b), 254.71 (2) or 255.08 (2).
AB100-engrossed,531,119
50.04
(2d) Resident levels of care. The department may not require a nursing
10home to use the criteria for functional eligibility specified in s. 46.286 (1) (a) to
11determine resident levels of care under sub. (2) (d).
AB100-engrossed,531,2113
50.065
(2) (bg) If an entity hires or contracts with a caregiver for whom, within
14the last 4 years, the information required under par. (b) 1. to 3. and 5. has already
15been obtained by another entity, the entity may obtain that information from that
16other entity, which
, notwithstanding par. (br), shall provide the information, if
17possible, to the requesting entity. If an entity cannot obtain the information required
18under par. (b) 1. to 3. and 5. from another entity or if an entity has reasonable grounds
19to believe that any information obtained from another entity is no longer accurate,
20the entity shall obtain that information from the sources specified in par. (b) 1. to 3.
21and 5.
AB100-engrossed,532,523
50.065
(2) (br) 1. Except as provided in subd. 2, an entity that receives
24information regarding the arrest or conviction of a caregiver from the federal bureau
25of investigation in connection with a criminal history search under this section may
1use the information only to determine whether the caregiver's arrest or conviction
2record disqualifies him or her from serving as a caregiver. An entity is immune from
3civil liability to a caregiver for using arrest or conviction information provided by the
4federal bureau of investigation to make an employment determination regarding the
5caregiver.
AB100-engrossed,532,86
2. Subdivision 1. does not apply to use by an entity of arrest or conviction
7information that the entity requests from the federal bureau of investigation after
8September 30, 2007.
AB100-engrossed,532,1510
50.065
(8) The department may charge a fee for obtaining the information
11required under sub. (2) (am) or (3) (a) or for providing information to an entity to
12enable the entity to comply with sub. (2) (b) or (3) (b).
The fee may not exceed the
13reasonable cost of obtaining the information. No fee may be charged to a nurse's
14assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining the information
15if to do so would be inconsistent with federal law.
AB100-engrossed,532,1917
50.135
(2) (c) The fees collected under par. (a) shall be credited to the
18appropriations appropriation account under s. 20.435
(4) (gm) and (6) (jm)
as
19specified in those appropriations for licensing, review and certifying activities.
AB100-engrossed,533,621
50.14
(2) (intro.) For the privilege of doing business in this state, there is
22imposed on all licensed beds of a facility an assessment that
may not exceed $445 per
23calendar month per licensed bed of an intermediate care facility for the mentally
24retarded
may not exceed $435 in fiscal year 2003-04 and may not exceed $445 in
25fiscal year 2004-05 and an assessment that may not exceed $75 per calendar month
1per licensed bed of a nursing home. The assessment
moneys collected shall be
2deposited in the
general fund, except that in fiscal year 2003-04, amounts in excess
3of $14,300,000, in fiscal year 2004-05, amounts in excess of $13,800,000, and,
4beginning July 1, 2005, in each fiscal year, amounts in excess of 45% of the money
5received from the assessment shall be deposited in the Medical Assistance trust
6fund. In determining the number of licensed beds, all of the following apply:
****Note: This is reconciled s. 50.14 (2) (intro.). This Section has been affected by
drafts with the following LRB numbers: 0560/1 and 0750/1.
AB100-engrossed,533,148
50.14
(4) Sections 77.59 (1) to (5), (6) (intro.), (a) and (c) and (7) to (10), 77.60
9(1) to (7), (9) and (10), 77.61 (9) and (12) to (14) and 77.62, as they apply to the taxes
10under subch. III of ch. 77, apply to the assessment under this section, except that the
11amount of any assessment collected under s. 77.59 (7)
in excess of $14,300,000 in
12fiscal year 2003-04, in excess of $13,800,000 in fiscal year 2004-05, and, beginning
13July 1, 2005, in excess of 45% in each fiscal year in a fiscal year shall be deposited
14in the Medical Assistance trust fund.
AB100-engrossed,534,318
51.06
(7) Joint services programs. The department of health and family
19services, the department of veterans affairs, and the department of corrections shall,
20if the report specified under 2005 Wisconsin Act .... (this act), section 9121 (12q), is
21approved by the joint committee on finance, jointly fund and implement the
22programs proposed in the report at the Northern Center for the Developmentally
23Disabled and the Southern Center for the Developmentally Disabled for the joint
1provision, for all programs that each agency conducts at these places, of personnel,
2payroll, purchasing, custodianship, grounds and maintenance, distribution,
3warehouse, and security services.
AB100-engrossed,534,215
51.30
(4) (b) 27. For the purpose of entering information concerning the subject
6individual into the statewide automated child welfare information system
7established under s. 46.03 (7) (g). A county department under s. 46.215, 46.22, 46.23,
851.42, or 51.437, the department of health and family services, the department of
9corrections, or any other organization that has entered into an information sharing
10and access agreement with one of those county departments or departments and that
11has been approved for access to the statewide automated child welfare information
12system by the department of health and family services may have access to
13information concerning a client of that county department, department, or
14organization under this chapter or ch. 48 or 938 that is maintained in the statewide
15automated child welfare information system, if necessary to enable the county
16department, department, or organization to perform its duties under this chapter or
17ch. 48 or 938 or to coordinate the delivery of services under this chapter or ch. 48 or
18938 to the client. Before entering any information about an individual into the
19statewide automated child welfare information system, the person entering the
20information shall notify the individual that the information entered may be disclosed
21as provided in this subdivision.
AB100-engrossed,535,823
51.423
(1) The department shall fund, within the limits of the department's
24allocation for mental health services under s. 20.435
(3) (o) and (7) (b) and (o) and
25subject to this section, services for mental illness, developmental disability,
1alcoholism, and drug abuse to meet standards of service quality and accessibility.
2The department's primary responsibility is to guarantee that county departments
3established under either s. 51.42 or 51.437 receive a reasonably uniform minimum
4level of funding and its secondary responsibility is to fund programs which meet
5exceptional community needs or provide specialized or innovative services. Moneys
6appropriated under s. 20.435 (7) (b) and earmarked by the department for mental
7health services under s. 20.435 (7) (o) shall be allocated by the department to county
8departments under s. 51.42 or 51.437 in the manner set forth in this section.
AB100-engrossed,536,210
51.423
(2) From the appropriations under s. 20.435
(3) (o) and (7) (b) and (o),
11the department shall distribute the funding for services provided or purchased by
12county departments under s. 46.23, 51.42, or 51.437 to such county departments as
13provided under s. 46.40. County matching funds are required for the distributions
14under s. 46.40 (2) and (9) (b). Each county's required match for the distributions
15under s. 46.40 (2) for a year equals 9.89% of the total of the county's distributions
16under s. 46.40 (2) for that year for which matching funds are required plus the
17amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile
18delinquency-related services from its distribution for 1987. Each county's required
19match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that
20county's amounts described in s. 46.40 (9) (a) (intro.) for that year. Matching funds
21may be from county tax levies, federal and state revenue sharing funds, or private
22donations to the counties that meet the requirements specified in sub. (5). Private
23donations may not exceed 25% of the total county match. If the county match is less
24than the amount required to generate the full amount of state and federal funds
25distributed for this period, the decrease in the amount of state and federal funds
1equals the difference between the required and the actual amount of county
2matching funds.
AB100-engrossed,536,244
51.437
(4rm) (c) 2. b. Bill the county department of developmental disabilities
5services for services provided on or after December 31, 1997, at $48 per day, if an
6independent professional review established under
42 USC 1396a (a) (31) designates
7the person served as appropriate for community care, including persons who have
8been admitted for more than 180 consecutive days and for whom the cost of care in
9the community would be
equal to or less than
$184 per day the daily rate for services
10under s. 46.275. The department of health and family services shall use money it
11receives from the county department of developmental disabilities services to offset
12the state's share of medical assistance. Payment is due from the county department
13of developmental disabilities services within 60 days of the billing date, subject to
14provisions of the contract. If the department of health and family services does not
15receive any payment within 60 days, it shall deduct all or part of the amount due from
16any payment the department of health and family services is required to make to the
17county department of developmental disabilities services. The department of health
18and family services shall first use collections received under s. 46.10 as a result of
19care at a center for the developmentally disabled to reduce the costs paid by medical
20assistance, and shall remit the remainder to the county department of
21developmental disabilities services up to the portion billed. The department of
22health and family services shall use the appropriation under s. 20.435 (2) (gk) to
23remit collection credits and other appropriate refunds to county departments of
24developmental disabilities services.
AB100-engrossed,537,5
159.40
(2) (p) Cooperate with the department of workforce development with
2respect to the child and spousal support and establishment of paternity and medical
3liability support
liability program under ss. 49.22 and 59.53 (5), and provide that
4department with any information from court records which it requires to administer
5that program.
AB100-engrossed,537,97
59.43
(1) (u) Submit that portion of recording fees collected under sub. (2) (ag)
81. and (e) and not retained by the county to the department of administration under
9s. 59.72 (5).
AB100-engrossed,537,1512
59.43
(2) (ag) 1. Subject to s. 59.72 (5), for recording any instrument entitled
13to be recorded in the office of the register of deeds, $11 for the first page and $2 for
14each additional page, except that no fee may be collected for recording a change of
15address that is exempt from a filing fee under s. 185.83 (1) (b).
AB100-engrossed,537,1917
59.43
(2) (e) Subject to s. 59.72 (5), for filing any instrument which is entitled
18to be filed in the office of register of deeds and for which no other specific fee is
19specified, $11 for the first page and $2 for each additional page.
AB100-engrossed,537,2121
59.58
(6) (title)
Regional transportation transit authority.
AB100-engrossed,537,2423
59.58
(6) (a) 1. "Authority" means the regional
transportation transit 24authority.
AB100-engrossed,538,3
159.58
(6) (a) 2. "Region" means the geographic area composed of the counties
2of Kenosha, Milwaukee,
Ozaukee, and Racine
, Walworth, Washington and
3Waukesha.
AB100-engrossed,538,75
59.58
(6) (b) The counties of Kenosha, Milwaukee, and Racine shall create a
6regional transit authority. The governing body of the authority shall consist of the
7following members:
AB100-engrossed,538,98
1. Three members, one from each county in the region, appointed by the county
9executive of each county and approved by the county board.
AB100-engrossed,538,1110
2. Three members, one from the most populous city in each county in the region,
11appointed by the mayor of each such city and approved by the common council.
AB100-engrossed,538,1312
3. One member from the most populous city in the region, nominated by the
13governor, and with the advice and consent of the senate appointed.
AB100-engrossed,538,1615
59.58
(6) (bm) No action may be taken by the authority unless at least 6
16members of the authority's governing body vote to approve the action.
AB100-engrossed,538,2118
59.58
(6) (c)
The Notwithstanding s. 59.84 (2), the authority shall be
19responsible for the coordination of
highway and transit
and commuter rail programs
20in the region
and for other responsibilities as specified for the authority by the
21legislature.
AB100-engrossed,538,2323
59.58
(6) (cg) 1. The authority may impose the fees under subch. XIII of ch. 77.
AB100-engrossed,539,3
12. The authority shall retain all revenues received under subd. 1., except those
2expended as authorized under par. (cr), until the authority has submitted the report
3specified in par. (e) and action on the report is taken by the legislature.
AB100-engrossed,539,65
59.58
(6) (cr) The authority may hire staff, conduct studies, and expend funds
6essential to the preparation of the report specified in par. (e).