SB40: Bill Text

SB40, s. 1746 Section 1746. 49.858 (2) (intro.) of the statutes is amended to read:

SB40,793,20 49.858 (2) Rules. (intro.) For the procedures under this subchapter for the administrative enforcement of support obligations, the department of workforce development shall promulgate rules related to all of the following:

SB40, s. 1747 Section 1747. 49.858 (3) of the statutes is amended to read:

SB40,794,2 49.858 (3) Review of circuit court commissioner decisions. If a circuit court commissioner conducts a hearing in any administrative support enforcement proceeding under s. 49.852, 49.856 or 49.857, the department of workforce development or the obligor may, within 15 business days after the date that the circuit court commissioner makes his or her decision, request review of the decision by the court with jurisdiction over the matter.

SB40, s. 1748 Section 1748. 49.86 of the statutes is renumbered 49.86 (2) and amended to read:

SB40,794,16 49.86 (2) Withdrawal or disbursement of moneys deposited in a public depository, as defined in s. 34.01 (5), to the credit of the department of workforce development or any of its divisions or agencies shall be by check, share draft, or other draft signed by the secretary of workforce development or by one or more persons in the department of workforce development designated by written authorization of the secretary of workforce development. Such checks, share drafts, and other drafts shall be signed personally or by use of a mechanical device adopted by the secretary of workforce development or his or her designees for affixing a facsimile signature. Any public depository shall be fully warranted and protected in making payment on any check, share draft, or other draft bearing such facsimile signature notwithstanding that the facsimile may have been placed thereon without the authority of the secretary of workforce development or his or her designees.

SB40, s. 1749 Section 1749. 49.86 (1) of the statutes is created to read:

SB40,794,18 49.86 (1) In this section:

SB40,794,19 (a) "Department" means the department of children and families.

SB40,794,20 (b) "Secretary" means the secretary of children and families.

SB40, s. 1750 Section 1750. 49.89 (2) of the statutes is amended to read:

SB40,795,11 49.89 (2) Subrogation. The department of health and family services, the department of workforce development children and families, a county, or an elected tribal governing body that provides any public assistance under this chapter or under s. 253.05 as a result of the occurrence of an injury, sickness , or death that creates a claim or cause of action, whether in tort or contract, on the part of a public assistance recipient or beneficiary or the estate of a recipient or beneficiary against a 3rd party, including an insurer, is subrogated to the rights of the recipient, beneficiary or estate and may make a claim or maintain an action or intervene in a claim or action by the recipient, beneficiary, or estate against the 3rd party. Subrogation under this subsection because of the provision of medical assistance under subch. IV constitutes a lien, equal to the amount of the medical assistance provided as a result of the injury, sickness, or death that gave rise to the claim. The lien is on any payment resulting from a judgment or settlement that may be due the obligor. A lien under this subsection continues until it is released and discharged by the department of health and family services.

SB40, s. 1751 Section 1751. 49.89 (6) of the statutes is amended to read:

SB40,795,16 49.89 (6) Departments' duties and powers. The department of health and family services and the department of workforce development children and families shall enforce their rights under this section and may contract for the recovery of any claim or right of indemnity arising under this section.

SB40, s. 1752 Section 1752. 49.89 (7) (b) of the statutes is amended to read:

SB40,795,21 49.89 (7) (b) The incentive payment shall be an amount equal to 15% of the amount recovered because of benefits paid under s. 49.46, 49.465, 49.468 or, 49.47, or 49.471. The incentive payment shall be taken from the federal share of the sum recovered as provided under 42 CFR 433.153 and 433.154.

SB40, s. 1753 Section 1753. 49.89 (7) (d) 2. of the statutes is amended to read:

SB40,796,3 49.89 (7) (d) 2. Any county or elected tribal governing body that has made a recovery under this section for which it is eligible to receive an incentive payment under par. (c) shall report such recovery to the department of workforce development children and families within 30 days after the end of the month in which the recovery is made in a manner specified by the department of workforce development children and families.

SB40, s. 1754 Section 1754. 49.895 of the statutes is created to read:

SB40,796,5 49.895 Insurance claim intercept. (1) In this section:

SB40,796,7 (a) "Medical assistance liability" means an amount that the department of health and family services may recover under s. 49.497, 49.847, or 49.89.

SB40,796,9 (b) "Support liability" means an amount that is entered in the statewide support lien docket under s. 49.854.

SB40,796,11 (2) Before paying an insurance claim of $500 or more to any individual, an insurer that is authorized to do business in this state shall do all of the following:

SB40,796,14 (a) Verify with the department of health and family services, in the manner required by the department, whether the individual to whom the claim is to be paid has a medical assistance liability.

SB40,796,16 (b) Check the statewide support lien docket to determine whether the individual to whom the claim is to be paid has a support liability.

SB40,796,19 (3) If an individual to whom a claim of $500 or more is to be paid has a support liability or a medical assistance liability, or both, the insurer shall distribute the claim proceeds as follows:

SB40,796,22 (a) First, if there is a support liability, to the department of workforce development to pay the support liability, up to the amount of the support liability or the amount of the claim, whichever is less.

SB40,797,2 (b) Next, if there is a medical assistance liability, to the department of health and family services to pay the medical assistance liability, up to the amount of the medical assistance liability or the amount of the claim proceeds remaining, whichever is less.

SB40,797,3 (c) Last, to the individual, the remainder of the claim proceeds, if any.

SB40,797,8 (4) The department of health and family services shall promulgate rules for the administration of this section, including procedures for insurers to follow and any notice and hearing requirements. Notwithstanding s. 227.24 (3), the rules under this subsection may be promulgated as emergency rules under s. 227.24 without a finding of emergency.

SB40, s. 1755 Section 1755. 49.895 (3) (a) of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,797,13 49.895 (3) (a) First, if there is a support liability, to the department of workforce development children and families to pay the support liability, up to the amount of the support liability or the amount of the claim, whichever is less.

SB40, s. 1756 Section 1756. 49.90 (2) of the statutes is amended to read:

SB40,797,25 49.90 (2) Upon failure of these relatives to provide maintenance the authorities or board shall submit to the corporation counsel a report of its findings. Upon receipt of the report the corporation counsel shall, within 60 days, apply to the circuit court for the county in which the dependent person under sub. (1) (a) 1. or the child of a dependent person under sub. (1) (a) 2. resides for an order to compel the maintenance. Upon such an application the corporation counsel shall make a written report to the county department under s. 46.215, 46.22, or 46.23, with a copy to the chairperson of the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department, and to the department of health and family services or the department of workforce development children and families, whichever is appropriate.

SB40, s. 1757 Section 1757. 49.90 (2g) of the statutes is amended to read:

SB40,798,10 49.90 (2g) In addition to the remedy specified in sub. (2), upon failure of a grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who is or may be required to provide maintenance under sub. (1) (a) 2., a child of a dependent minor or the child's parent may apply to the circuit court for the county in which the child resides for an order to compel the provision of maintenance. A county department under s. 46.215, 46.22, or 46.23, a county child support agency under s. 59.53 (5), or the department of workforce development children and families may initiate an action to obtain maintenance of the child by the child's grandparent under sub. (1) (a) 2., regardless of whether the child receives public assistance.

SB40, s. 1758 Section 1758. 49.90 (4) of the statutes is amended to read:

SB40,799,13 49.90 (4) The circuit court shall in a summary way hear the allegations and proofs of the parties and by order require maintenance from these relatives, if they have sufficient ability, considering their own future maintenance and making reasonable allowance for the protection of the property and investments from which they derive their living and their care and protection in old age, in the following order: First the husband or wife; then the father and the mother; and then the grandparents in the instances in which sub. (1) (a) 2. applies. The order shall specify a sum which will be sufficient for the support of the dependent person under sub. (1) (a) 1. or the maintenance of a child of a dependent person under sub. (1) (a) 2., to be paid weekly or monthly, during a period fixed by the order or until the further order of the court. If the court is satisfied that any such relative is unable wholly to maintain the dependent person or the child, but is able to contribute to the person's support or the child's maintenance, the court may direct 2 or more of the relatives to maintain the person or the child and prescribe the proportion each shall contribute. If the court is satisfied that these relatives are unable together wholly to maintain the dependent person or the child, but are able to contribute to the person's support or the child's maintenance, the court shall direct a sum to be paid weekly or monthly by each relative in proportion to ability. Contributions directed by court order, if for less than full support, shall be paid to the department of health and family services or the department of children and families, whichever is appropriate, and distributed as required by state and federal law. An order under this subsection that relates to maintenance required under sub. (1) (a) 2. shall specifically assign responsibility for and direct the manner of payment of the child's health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon application of any party affected by the order and upon like notice and procedure, the court may modify such an order. Obedience to such an order may be enforced by proceedings for contempt.

SB40, s. 1759 Section 1759. 50.01 (1g) (b) of the statutes is amended to read:

SB40,799,17 50.01 (1g) (b) A facility or private home that provides care, treatment, and services only for victims of domestic abuse, as defined in s. 46.95 49.165 (1) (a), and their children.

SB40, s. 1760 Section 1760. 50.02 (2) (d) of the statutes is renumbered 50.02 (2) (d) (intro.) and amended to read:

SB40,799,23 50.02 (2) (d) (intro.) The department shall promulgate rules that prescribe the time periods and the methods of providing information specified in ss. 50.033 (2r) and (2s), 50.034 (5m) and (5n), 50.035 (4m) and (4n) and 50.04 (2g) (a) and (2h) (a). all of the following:

SB40, s. 1761 Section 1761. 50.02 (2) (d) 1. of the statutes is created to read:

SB40,800,4 50.02 (2) (d) 1. The method by which community-based residential facilities shall make referrals to resource centers or county departments under s. 50.035 (4n) and the method by which residential care apartment complexes shall make referrals to resource centers under s. 50.034 (5n).

SB40, s. 1762 Section 1762. 50.02 (2) (d) 2. of the statutes is created to read:

SB40,800,8 50.02 (2) (d) 2. The time period for nursing homes to provide information to prospective residents under s. 50.04 (2g) (a) and the time period and method by which nursing homes shall make referrals to resource centers under s. 50.04 (2h) (a).

SB40, s. 1763 Section 1763. 50.02 (4) of the statutes is repealed.

SB40, s. 1764 Section 1764. 50.033 (2) of the statutes is amended to read:

SB40,800,22 50.033 (2) Standards for operation of licensed adult family homes and procedures for application for licensure, monitoring, inspection, revocation and appeal of revocation under this section shall be under rules promulgated by the department under s. 50.02 (2) (am) 2. An adult family home licensure is valid until revoked under this section. Licensure is not transferable. The biennial licensure fee for a licensed adult family home is $135, except that, after March 31, 2008, the biennial fee for a licensed adult family home shall be the amount that the department shall establish by rule. The fee is payable to the county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, if the county department licenses the adult family home under sub. (1m) (b), and is payable to the department, on a schedule determined by the department if the department licenses the adult family home under sub. (1m) (b).

SB40, s. 1765 Section 1765. 50.033 (2r) of the statutes is repealed.

SB40, s. 1766 Section 1766. 50.033 (2s) of the statutes is repealed.

SB40, s. 1767 Section 1767. 50.033 (2t) of the statutes is repealed.

SB40, s. 1768 Section 1768. 50.034 (3) (e) of the statutes is created to read:

SB40,801,5 50.034 (3) (e) Post in a conspicuous location in the residential care apartment complex a notice, provided by the board on aging and long-term care, of the name, address, and telephone number of the Long-Term Care Ombudsman Program under s. 16.009 (2) (b).

SB40, s. 1769 Section 1769. 50.034 (5m) of the statutes is amended to read:

SB40,801,15 50.034 (5m) Provision of information required. Subject to sub. (5p), when a residential care apartment complex shall, within the time period after inquiry by first provides written material regarding the residential care apartment complex to a prospective resident that is prescribed by the department by rule, inform, the residential care apartment complex shall also provide the prospective resident of information specified by the department concerning the services of a resource center under s. 46.283, the family care benefit under s. 46.286, and the availability of a functional screening and a financial screen and cost-sharing screening to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

SB40, s. 1770 Section 1770. 50.034 (5n) (intro.) of the statutes is amended to read:

SB40,801,24 50.034 (5n) Required referral. (intro.) Subject to sub. (5p), when a residential care apartment complex shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, first provides written material regarding the residential care apartment complex to a prospective resident who is at least 65 years of age or has developmental disability or a physical disability and whose disability or condition is expected to last at least 90 days, the residential care apartment complex shall refer the prospective resident to a resource center under s. 46.283, unless any of the following applies:

SB40, s. 1771 Section 1771. 50.034 (5n) (a) of the statutes is amended to read:

SB40,802,4 50.034 (5n) (a) For a person who has received a screen for whom a screening for functional eligibility under s. 46.286 (1) (a) has been performed within the previous 6 months, the referral under this subsection need not include performance of an additional functional screen screening under s. 46.283 (4) (g).

SB40, s. 1772 Section 1772. 50.034 (5n) (d) of the statutes is amended to read:

SB40,802,11 50.034 (5n) (d) For a person who seeks admission or is about to be admitted on a private pay basis and who waives the requirement for a financial screen and cost-sharing screening under s. 46.283 (4) (g), the referral under this subsection may not include performance of a financial screen and cost-sharing screening under s. 46.283 (4) (g), unless the person is expected to become eligible for medical assistance within 6 months.

SB40, s. 1773 Section 1773. 50.035 (4m) of the statutes is amended to read:

SB40,802,21 50.035 (4m) Provision of information required. Subject to sub. (4p), when a community-based residential facility shall, within the time period after inquiry by first provides written material regarding the community-based residential facility to a prospective resident that is prescribed by the department by rule, inform, the community-based residential facility shall also provide the prospective resident of information specified by the department concerning the services of a resource center under s. 46.283, the family care benefit under s. 46.286, and the availability of a functional screening and a financial screen and cost-sharing screening to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

SB40, s. 1774 Section 1774. 50.035 (4n) (intro.) of the statutes is amended to read:

SB40,803,9 50.035 (4n) Required referral. (intro.) Subject to sub. (4p), When a community-based residential facility shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, first provides written information regarding the community-based residential facility to a prospective resident who is at least 65 years of age or has developmental disability or a physical disability and whose disability or condition is expected to last at least 90 days, the community-based residential facility shall refer the individual to a resource center under s. 46.283 or, if the secretary has not certified under s. 46.281 (3) that a resource center is available in the area of the community-based residential facility to serve individuals in an eligibility group to which the prospective resident belongs, to the county department that administers a program under ss. 46.27 or 46.277, unless any of the following applies:

SB40, s. 1775 Section 1775. 50.035 (4n) (a) of the statutes is amended to read:

SB40,803,14 50.035 (4n) (a) For a person who has received a screen for whom a screening for functional eligibility under s. 46.286 (1) (a) has been performed within the previous 6 months, the referral under this subsection need not include performance of an additional functional screen screening under s. 46.283 (4) (g).

SB40, s. 1776 Section 1776. 50.035 (4n) (d) of the statutes is amended to read:

SB40,803,21 50.035 (4n) (d) For a person who seeks admission or is about to be admitted on a private pay basis and who waives the requirement for a financial screen and cost-sharing screening under s. 46.283 (4) (g), the referral under this subsection may not include performance of a financial screen and cost-sharing screening under s. 46.283 (4) (g), unless the person is expected to become eligible for medical assistance within 6 months.

SB40, s. 1777 Section 1777. 50.035 (4p) of the statutes is amended to read:

SB40,804,2 50.035 (4p) Applicability. Subsections Subsection (4m) and (4n) apply applies only if the secretary has certified under s. 46.281 (3) that a resource center is available for the community-based residential facility and for specified groups of eligible individuals that include those persons seeking admission to or the residents of the community-based residential facility.

SB40, s. 1778 Section 1778. 50.035 (6) of the statutes is amended to read:

SB40,804,9 50.035 (6) Posting of notice required. The licensee of a community-based residential facility that is licensed to serve a client group of persons with functional impairments that commonly accompany advanced age, or his or her designee, shall post in a conspicuous location in the community-based residential facility a notice, provided by the board on aging and long-term care, of the name, address and telephone number of the long-term care ombudsman program under s. 16.009 (2) (b).

SB40, s. 1779 Section 1779. 50.035 (7) of the statutes is repealed.

SB40, s. 1780 Section 1780. 50.035 (9) of the statutes is repealed.

SB40, s. 1781 Section 1781. 50.037 (2) (a) of the statutes is amended to read:

SB40,804,17 50.037 (2) (a) The biennial fee for a community-based residential facility is $306, plus a biennial fee of $39.60 per resident, based on the number of residents that the facility is licensed to serve, except that, after March 31, 2008, the biennial fee for a community-based residential facility, including any fee for a resident, shall be the amount that the department shall establish by rule.

SB40, s. 1782 Section 1782. 50.04 (2g) (a) of the statutes is amended to read:

SB40,804,24 50.04 (2g) (a) Subject to sub. (2i), a nursing home shall, within the time period after inquiry by a prospective resident that is prescribed by the department by rule, inform the prospective resident of the services of a resource center under s. 46.283, the family care benefit under s. 46.286, and the availability of a functional screening and a financial screen and cost-sharing screening to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

SB40, s. 1783 Section 1783. 50.04 (2h) (a) 1. of the statutes is amended to read:

SB40,805,4 50.04 (2h) (a) 1. For a person who has received a screen for whom a screening for functional eligibility under s. 46.286 (1) (a) has been performed within the previous 6 months, the referral under this paragraph need not include performance of an additional functional screen screening under s. 46.283 (4) (g).

SB40, s. 1784 Section 1784. 50.04 (2h) (a) 4. of the statutes is amended to read:

SB40,805,11 50.04 (2h) (a) 4. For a person who seeks admission or is about to be admitted on a private pay basis and who waives the requirement for a financial screen and cost-sharing screening under s. 46.283 (4) (g), the referral under this subsection may not include performance of a financial screen and cost-sharing screening under s. 46.283 (4) (g), unless the person is expected to become eligible for medical assistance within 6 months.