SB400: Bill Text

SB400,47,14 49.001 (4m) "Intentional program violation" means intentionally making a false or misleading statement, intentionally misrepresenting or withholding facts, or committing any act that constitutes a violation of state or federal law for the purpose of using, presenting, transferring, acquiring, receiving, possessing, or trafficking benefits under this chapter.

SB400,47,16 (7m) "Tribal governing body" means an elected tribal governing body of a federally recognized American Indian tribe or band.

Note: Creates a definition for "intentional program violation" and creates a single definition of "tribal governing body" for ch. 49, stats.

SB400, s. 71 Section 71. 49.001 (5m) of the statutes is renumbered 49.79 (1) (em).

Note: Renumbers a definition for the term "prisoner", which only appears in provisions related to the supplemental nutrition assistance program.

SB400, s. 72 Section 72. 49.001 (5p) of the statutes, as affected by 2009 Wisconsin Act 28, is amended to read:

SB400,48,3 49.001 (5p) "Relief block grant" means a block grant awarded to a county or tribal governing body under s. 49.025, 2009 stats., s. 49.027, 2009 stats., or s. 49.029 49.806.

SB400, s. 73 Section 73. 49.003 (1) (am) of the statutes is created to read:

SB400,48,5 49.003 (1) (am) "Department" means the department of health services.

SB400, s. 74 Section 74. 49.006 of the statutes is created to read:

SB400,48,13 49.006 Affirmation of statements in applications. (1) A person who makes a statement in a written application for any aid or benefit provided under this chapter shall be considered to have made an admission as to the existence, correctness, or validity of any fact stated. Such a statement shall be considered to be prima facie evidence against the person making it in any complaint, information, or indictment, or in any action brought for enforcement of any provision of this chapter.

SB400,48,18 (2) An employee of a county department, a Wisconsin Works agency, the department of health services, or the department of children and families who accepts an application for any aid or benefit under this chapter shall have the authority to administer an oath to the applicant that the information given is true and correct to the best of the applicant's knowledge.

SB400,48,22 (3) The department of children and families and the department of health services shall promulgate rules requiring information provided by an applicant for any aid or benefit under this chapter to be sworn to or otherwise affirmed as being true and correct to the best of the applicant's knowledge.

Note: Provides that a statement made in a written application for any aid or benefit under ch. 49, stats., is considered to be an admission as to the existence, correctness, or validity of any fact stated. In addition, proposed s. 49.006 (2) provides that an employee who accepts an application for aid or a benefit has the authority to administer an oath to the applicant. Finally, proposed s. 49.006 (3) requires DCF and DHS to promulgate rules requiring statements on aid and benefit applications to be sworn to or otherwise affirmed to be true and correct.

SB400, s. 75 Section 75. 49.007 (3) of the statutes is created to read:

SB400,49,6 49.007 (3) Fraud prevention training. The department of health services, in consultation with the department of children and families, shall provide training to county and Wisconsin Works agency employees relating to fraud prevention and investigation, error reduction, and related activities. The department of health services shall promulgate rules specifying the frequency and content of the training.

Note: Requires DHS in consultation with DCF to provide training to agency employees relating to fraud prevention and investigation and error reduction.

SB400, s. 76 Section 76. 49.01 (intro.) of the statutes is renumbered 49.801 (intro.) and amended to read:

SB400,49,9 49.801 Definitions. (intro.) As used in this subchapter ss. 49.801 to 49.808:

SB400, s. 77 Section 77. 49.01 (1g), (2), (2g), (3) and (8L) of the statutes are renumbered 49.801 (1g), (2), (2g), (3) and (8L), and 49.801 (2), as renumbered, is amended to read:

SB400,49,13 49.801 (2) "Dependent person" means an individual who is eligible for relief under s. 49.015 49.802.

SB400, s. 78 Section 78. 49.01 (1m) and (8p) of the statutes are repealed.

Note: Repeals definitions for the terms "department", and "tribal governing body". The term "department" will be defined at the beginning of the subchapter. The term "tribal governing body" is defined in proposed s. 49.001 (7m).

SB400, s. 79 Section 79. 49.01 (3m) of the statutes, as affected by 2009 Wisconsin Act 28, is renumbered 49.801 (3m).

SB400, s. 80 Section 80. 49.015 (title), (1) (intro.) and (am), (1m), (2), (2m) and (3) (b) of the statutes are renumbered 49.802 (title), (1) (intro.) and (am), (1m), (2), (2m) and (3) (b), and 49.802 (3) (b), as renumbered, is amended to read:

SB400,50,3 49.802 (3) (b) A relief agency may waive the requirement under sub. (2) or (2m) in case of unusual misfortune or hardship. Each waiver shall be reported to the department. The department may make a determination as to the appropriateness of the waiver under rules promulgated by the department under s. 49.02 49.803 (7m) (d).

SB400, s. 81 Section 81. 49.015 (1) (a) and (c) and (3) (title) and (a) of the statutes, as affected by 2009 Wisconsin Act 28, are renumbered 49.802 (1) (a) and (c) and (3) (title) and (a), and 49.802 (1) (c), as renumbered, is amended to read:

SB400,50,8 49.802 (1) (c) The individual qualifies under written criteria of dependency under s. 49.02 49.803 (1) (b) established by the relief agency on that tax-free land.

SB400, s. 82 Section 82. 49.017 (1c) of the statutes is created to read:

SB400,50,10 49.017 (1c) In this section:

SB400,50,11 (a) "Department" means the department of health services.

SB400,50,12 (b) "Public assistance" means any aid or benefit under this chapter.

SB400, s. 83 Section 83. 49.02 (title) and (5) to (11) of the statutes are renumbered 49.803 (title) and (5) to (11), and 49.803 (7m) (b) and (d), as renumbered, are amended to read:

SB400,50,17 49.803 (7m) (b) Procedures for appealing eligibility determinations under s. 49.015 49.802. These procedures shall provide for notice, fair hearing and review.

SB400,50,19 (d) Standards for a waiver of any eligibility requirement under s. 49.015 49.802.

SB400, s. 84 Section 84. 49.02 (1), (1e) and (2) of the statutes, as affected by 2009 Wisconsin Act 28, are renumbered 49.803 (1), (1e) and (2).

SB400, s. 85 Section 85. 49.029 of the statutes is renumbered 49.806, and 49.806 (3), as renumbered, is amended to read:

SB400,51,3 49.806 (3) Use of relief block grant funds. A tribal governing body may use moneys received as a relief block grant only for the purpose of providing health care services to dependent persons. Notwithstanding s. 49.01 49.801 (2g), health care services may include treatment services for alcohol and other drug abuse and mental health services.

SB400, s. 86 Section 86. Subchapter II (title) of chapter 49 [precedes 49.05] of the statutes is repealed and recreated to read:

SB400,51,6 chapter 49

SB400,51,7 Subchapter II

SB400,51,10 children and families; Wisconsin works, aid to families, and child care subsidy

SB400, s. 87 Section 87. 49.08 of the statutes is renumbered 49.808 (2).

SB400, s. 88 Section 88. 49.11 of the statutes is renumbered 49.05.

SB400, s. 89 Section 89. 49.114 of the statutes is renumbered 49.066.

SB400, s. 90 Section 90. 49.133 of the statutes is repealed.

Note: Repeals a provision relating to refusal to pay child care providers under Wisconsin Shares because the same provisions are contained in s. 49.155 (7), stats.

SB400, s. 91 Section 91. 49.134 of the statutes is renumbered 49.204.

SB400, s. 92 Section 92. 49.136 (title), (1) (intro.), (ad), (am) and (g) to (n) and (2) to (7) of the statutes are renumbered 49.205 (title), (1) (intro.), (ad), (am) and (g) to (n) and (2) to (7).

SB400, s. 93 Section 93. 49.136 (1) (b) of the statutes is repealed.

Note: Repeals a definition of "child care provider" that duplicates the definition provided in s. 49.001 (1).

SB400, s. 94 Section 94. 49.137 (title) of the statutes is renumbered 49.207 (title).

SB400, s. 95 Section 95. 49.137 (1) (intro.) and (c) of the statutes are consolidated, renumbered 49.207 (1) and amended to read:

SB400,52,3 49.207 (1) Definitions. In this section: (c) "Family, "family child care system" means a centralized administrative unit that offers technical assistance and support to a group of child care providers with the goal of improving child care services.

SB400, s. 96 Section 96. 49.137 (1) (ab), (am), (bd) and (e) of the statutes are repealed.

Note: Repeals definitions for the terms "child care provider", "family child care center", and "group child care center". The term "child care provider" is defined at the beginning of the chapter, in s. 49.001 (1). The terms "family child care center" and "group child care center" are not used in s. 49.137. In another section in which those terms do appear (s. 49.136), separate definitions are provided.

SB400, s. 97 Section 97. 49.137 (2) to (6) of the statutes are renumbered 49.207 (2) to (6).

SB400, s. 98 Section 98. 49.1375 of the statutes is renumbered 49.209.

SB400, s. 99 Section 99. 49.138 (4) (c) of the statutes is amended to read:

SB400,52,12 49.138 (4) (c) If the administering agency is a Wisconsin works Works agency, the department may review the decision of the Wisconsin works Works agency if, within 14 21 days after the date on which the certified copy of the decision of the Wisconsin works Works agency is mailed, the applicant or participant petitions the department for a review of that decision.

Note: Changes the time period for departmental review of a Wisconsin Works agency decision regarding emergency assistance from 14 days to 21 days to be consistent with other reviews under the Wisconsin Works program.

SB400, s. 100 Section 100. 49.138 (5) of the statutes is created to read:

SB400,52,18 49.138 (5) (a) The department shall recover an overpayment of benefits paid under sub. (1m) from an individual who receives benefits under sub. (1m). The value of the benefit for recovery under this paragraph may not exceed the amount that the department paid in emergency assistance with respect to that particular recipient while the recipient was ineligible to receive emergency assistance.

SB400,53,3 (b) The department shall recover assistance paid under sub. (1m) to a person in the form of a voucher or other payment method for the purpose of providing housing or a service to a recipient of assistance under sub. (1m) in the amount of assistance paid by the voucher or other payment method that the person does not use as required by the department.

SB400,53,5 (c) The department shall promulgate rules establishing policies and procedures for administering this subsection.

Note: Requires DCF to recover overpayments of assistance under the emergency assistance for families with needy children program paid to a recipient or another person to provide housing or another service to an emergency assistance recipient. Under the bill, DCF must promulgate rules relating to the administration of these provisions.

SB400, s. 101 Section 101 . 49.141 (7) (a) of the statutes is renumbered 946.90 (3) and amended to read:

SB400,53,11 946.90 (3) A person who is convicted of violating sub. (6) in connection with the Whoever violates sub. (2) by furnishing by that person of items or services for which payment is or may be made under Wisconsin works Works is guilty of a Class H felony.

SB400, s. 102 Section 102. 49.141 (7) (b) of the statutes is repealed.

SB400, s. 103 Section 103. 49.141 (7) (c) (intro.) of the statutes is amended to read:

SB400,53,18 49.141 (7) (c) (intro.) Except as provided in par. (d), in addition to the penalties applicable under par. (a) or (b) s. 946.90 (2) or (3), a person shall be suspended from participating in Wisconsin works Works for a period of 10 years, beginning on the date of conviction, if the person is convicted in a federal or state court for any of the following:

SB400, s. 104 Section 104. 49.141 (7) (c) 3. of the statutes is amended to read:

SB400,53,23 49.141 (7) (c) 3. Fraudulently misstating or misrepresenting his or her identity or place of residence for the purpose of receiving simultaneously in this state and at least one other state benefits under the federal food stamp supplemental assistance nutrition program under 7 USC 2011 to 2029.

SB400, s. 105 Section 105. 49.141 (8) of the statutes is amended to read:

SB400,54,11 49.141 (8) Damages. If a person is convicted under sub. (6) s. 946.90 (2) or (3), the state has a cause of action for relief against the person in an amount equal to 3 times the amount of actual damages sustained as a result of any excess payments made in connection with the offense for which the conviction was obtained. Proof by the state of a conviction under sub. (6) s. 946.90 (2) or (3) is conclusive proof in a civil action of the state's right to damages and the only issue in controversy shall be the amount, if any, of the actual damages sustained. Actual damages consist of the total amount of excess payments, any part of which is paid with state funds. In a civil action under this subsection, the state may elect to file a motion in expedition of the action. Upon receipt of the motion, the presiding judge shall expedite the action.

SB400, s. 106 Section 106. 49.141 (9) (title) of the statutes is repealed.

SB400, s. 107 Section 107. 49.141 (9) (a) to (c) of the statutes are renumbered 946.90 (4) (a) to (c), and 946.90 (4) (a), (b) and (c) 1., as renumbered, are amended to read:

SB400,54,23 946.90 (4) (a) Whoever solicits or receives any remuneration in cash or in-kind money, goods, services, or any other thing of value, in return for referring an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works Works, or in return for purchasing, leasing, ordering, or arranging for or recommending purchasing, leasing, or ordering any good, facility, service, or item for which payment may be made in whole or in part under Wisconsin works Works, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000.

SB400,55,7 (b) Whoever offers or pays any remuneration in cash or in-kind money, goods, services, or any other thing of value to any person to induce the person to refer an individual to a person for the furnishing or arranging for the furnishing of any item or service for which payment may be made in whole or in part under Wisconsin works Works, or to purchase, lease, order, or arrange for or recommend purchasing, leasing, or ordering any good, facility, service or item for which payment may be made in whole or in part under any provision of Wisconsin works Works, is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000.

SB400,55,11 (c) 1. A discount or other reduction in price obtained by a provider of services or other entity under chs. 46 to 51 and 58 if the reduction in price is properly disclosed and appropriately reflected in the costs claimed or charges made by the provider or entity under Wisconsin works Works.

SB400, s. 108 Section 108. 49.141 (10) (title) and (b) of the statutes are repealed.

SB400, s. 109 Section 109 . 49.141 (10) (a) of the statutes is renumbered 946.90 (5) and amended to read:

SB400,55,23 946.90 (5) A provider may not who knowingly impose imposes upon a recipient participant in Wisconsin Works charges that are in addition to payments received by the provider for services under Wisconsin works Works or knowingly impose imposes direct charges upon a recipient participant in Wisconsin Works in lieu of obtaining payment under Wisconsin works unless Works is guilty of a Class H felony, except that, notwithstanding the maximum fine specified in s. 939.50 (3) (h), the person may be fined not more than $25,000. This subsection does not apply if benefits or services are not provided under Wisconsin works Works and the recipient Wisconsin Works participant is advised of this fact prior to receiving the service.

Note: Move criminal penalties relating to Wisconsin Works fraud to proposed s. 946.90. Chapter 946, stats., contains crimes against government and its administration. Also, see Sections 458 to 460.

SB400, s. 110 Section 110. 49.143 (2) (b) of the statutes is amended to read:

SB400,56,13 49.143 (2) (b) Establish a children's services network. The children's services network shall provide make available information about community resources available to the dependent children in a Wisconsin works Works group, including charitable food and clothing centers; subsidized and low-income housing; transportation subsidies; the state supplemental food program for women, infants and children under s. 253.06; and child care programs. In a county having a population of 500,000 or more, a children's services network shall, in addition, provide a forum for those persons who are interested in the delivery of child welfare services and other services to children and families in the geographical area under sub. (6) served by that children's services network to communicate with and make recommendations to the providers of those services in that geographical area with respect to the delivery of those services in that area.

Note: Modifies language relating to a Wisconsin Works agency's children's services network to require it to make available information about community resources, instead of requiring it to provide such information.

SB400, s. 111 Section 111. 49.143 (2) (d) of the statutes is amended to read:

SB400,56,21 49.143 (2) (d) If the Wisconsin works Works agency is not a county department under s. 46.215, 46.22, or 46.23 or tribal governing body, cooperate with the county department or tribal governing body to ensure that services delivered under Wisconsin works Works, the food stamp supplemental nutrition assistance program and medical assistance Medical Assistance are coordinated with the county or tribal governing body in a manner that most effectively serves the recipients of those services.