SB400: Bill Text

SB400, s. 132 Section 132. 49.151 (2) (a) 1., 2. and 3. and (b) of the statutes are created to read:

SB400,61,21 49.151 (2) (a) 1. For a first intentional program violation, for 6 months.

SB400,61,22 2. For a 2nd intentional program violation, for one year.

SB400,61,23 3. For a 3rd intentional program violation, permanently.

SB400,62,5 (b) An individual who is denied benefits under par. (a) may request a review of the determination following the procedure under s. 49.152 or, if the denial is based upon a violation of s. 49.155, may request a contested case hearing under ch. 227 by filing a request for a hearing with the department within 30 days after the date of the denial.

Note: Clarifies that a Wisconsin Works agency determines whether a person has intentionally violated a provision of the Wisconsin Works program. The bill also applies this provision to the emergency assistance program.

Under the bill, as under current law, a person who commits 3 intentional program violations may be permanently denied benefits. Additionally, under the bill, a person may be denied benefits for 6 months for one intentional program violation and one year for a second intentional program violation.

Under the bill, each determination of a violation may be reviewed.

SB400, s. 133 Section 133. 49.152 (title) of the statutes is amended to read:

SB400,62,7 49.152 (title) Review of Wisconsin Works agency decisions.

SB400, s. 134 Section 134. 49.152 (1) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,62,20 49.152 (1) Petition for review. Any Except as provided in 49.1525, any individual whose application for any component of Wisconsin Works is not acted upon by the Wisconsin Works agency with reasonable promptness after the filing of the application, as defined by the department by rule, or is denied in whole or in part, whose benefit is modified or canceled, or who believes that the benefit was calculated incorrectly, that the employment position in which the individual was placed is inappropriate, or that providing case management services under s. 49.147 (2) (am) in lieu of placement in a Wisconsin Works employment position is inappropriate, may petition the Wisconsin Works agency for a review of such action. Review is unavailable if the action by the Wisconsin Works agency occurred more than 45 days prior to submission of the petition for review.

SB400, s. 135 Section 135. 49.1525 of the statutes is created to read:

SB400,63,10 49.1525 Review of Wisconsin Shares decisions. (1) Petition for review. Any individual whose application for a child care subsidy under s. 49.155 is not acted upon with reasonable promptness after the filing of the application, as defined by the department by rule, or is denied in whole or in part, whose benefit is modified or canceled, or who believes that the benefit was calculated incorrectly, or any child care provider who is refused payment under s. 49.155 (7) or assessed a penalty under s. 49.155 (7m), may petition the department for a review of such action. Review is unavailable if the action occurred more than 45 days prior to submission of the petition for review.

SB400,63,17 (2) Review. (a) Upon a timely petition under sub. (1), the department shall give the applicant, participant, or child care provider reasonable notice and opportunity for a review. The department shall render its decision as soon as possible after the review and shall send by 1st class mail a certified copy of its decision to the last-known address of the applicant, participant or child care provider. The department shall deny a petition for a review or shall refuse to grant relief if the petitioner does any of the following:

SB400,63,18 1. Withdraws the petition in writing.

SB400,63,21 2. Abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by representative at a scheduled review without good cause, as defined by the department by rule.

SB400,63,23 (b) The petitioner may request a review of the department's decision under ch. 227 within 21 days of the date on which the decision of the department is mailed.

SB400,64,4 (3) Remedies. If, following review under sub. (2), the department determines that a participant's child care subsidy benefit was improperly modified, canceled, or refused, or was calculated incorrectly, the department shall restore the benefit to the level determined to be appropriate by the department retroactive to the date on which the benefit was first improperly modified, canceled, refused, or incorrectly calculated.

Note: Creates a new section governing the review of department decisions related to the Wisconsin Shares program.

SB400, s. 136 Section 136. 49.153 of the statutes, as affected by 2011 Wisconsin Act 32, is renumbered 49.1517.

Note: Moves provisions relating to notice before taking certain actions by a Wisconsin Works agency so that it precedes the section relating to review of agency decisions.

SB400, s. 137 Section 137. 49.155 (1) (ag) and (d) of the statutes are repealed.

Note: Repeals definitions for the terms "child care provider" and "tribal governing body". The term "child care provider" is defined at the beginning of the chapter, in s. 49.001 (1). The term "tribal governing body" is created in Section of the bill.

SB400, s. 138 Section 138. 49.155 (1) (ah) of the statutes is amended to read:

SB400,64,11 49.155 (1) (ah) "County department or agency" means a county department under s. 46.215, 46.22, or 46.23, the unit, as defined in s. 49.825 49.009 (1) (e), or a Wisconsin Works agency, child care resource and referral agency, or other agency.

SB400, s. 139 Section 139. 49.155 (1g) (bc), (d) and (e) of the statutes are amended to read:

SB400,64,14 49.155 (1g) (bc) Grants under s. 49.134 49.204 (2) for child care resource and referral services, in the amount of at least $1,298,600 per fiscal year.

SB400,64,15 (d) Grants under s. 49.137 49.207 (4m).

SB400,64,16 (e) Contracts under s. 49.137 49.207 (4) for training and technical assistance.

SB400, s. 140 Section 140. 49.155 (1m) (intro.), (a) 1., 1m. (intro.) and 3m. of the statutes are amended to read:

SB400,65,5 49.155 (1m) Eligibility. (intro.) Except as provided in s. 49.155 sub. (3g), the department shall contract with a county department or agency to determine the eligibility of individuals residing in a particular geographic region or who are members of a particular Indian tribal unit for child care subsidies under this section. Under this section, an individual may receive a subsidy for child care for a child who has not attained the age of 13 or, if the child is disabled, who has not attained the age of 19, if the individual meets all of the following conditions:

SB400,65,6 (a) 1. Meet the school attendance requirement under s. 49.26 49.198 (1) (ge).

SB400,65,11 1m. (intro.) Obtain a high school diploma or participate in a course of study meeting the standards established by the state superintendent of public instruction for the granting of a declaration of equivalency of high school graduation, if the individual is not subject to the school attendance requirement under s. 49.26 49.198 (1) (ge) and at least one of the following conditions is met:

SB400,65,14 3m. Participate in a job search or work experience component of the food stamp supplemental nutrition assistance employment and training program under s. 49.79 (9).

SB400, s. 141 Section 141. 49.155 (3g) (a) (intro.) and (b) of the statutes are amended to read:

SB400,65,18 49.155 (3g) (a) (intro.) The department may contract with the Milwaukee County enrollment services unit, as provided in s. 49.825 49.009 (2) (b), to do any of the following:

SB400,65,21 (b) The department may establish a child care provider services unit, as provided in s. 49.826 49.011, to perform the provider services functions specified in s. 49.826 49.011 (2) (a).

SB400, s. 142 Section 142. 49.155 (6m) (a) and (b) of the statutes are amended to read:

SB400,65,25 49.155 (6m) (a) Maintain a an accurate written record of the daily hours of attendance of each child for whom the provider is providing care under this section, including the actual arrival and departure times for each child.

SB400,66,4 (b) Retain on the premises of the child care provider the written daily attendance records under par. (a) for each child for at least 3 years after the child's last day of attendance, regardless of whether the child care provider is still receiving or eligible to receive payments under this section.

Note: Requires a child care provider participating in the Wisconsin Shares child care subsidy program to maintain written daily attendance records that are accurate and to retain these records on the premises of the child care provider.

SB400, s. 143 Section 143. 49.155 (7) (b) 4. of the statutes is renumbered 49.155 (7) (c) and amended to read:

SB400,66,13 49.155 (7) (c) The department or a county department under s. 46.215, 46.22, or 46.23 may refuse to pay a child care provider for child care provided under this section if the department or county department reasonably suspects that the person has violated any provision under the program under this section or any rule promulgated under this section. Within 30 working days of the initial refusal of payment under this paragraph, the department shall either initiate an action to withhold payments under sub. (7m) or resume payments to the child care provider.

Note: Specifies that DCF may suspend Wisconsin Shares payments based upon a reasonable suspicion of a program violation, but must either initiate an action to suspend payments within 30 days or resume payment after 30 days.

SB400, s. 144 Section 144. 49.159 (2) of the statutes is amended to read:

SB400,67,2 49.159 (2) Minor custodial parents; financial and employment counseling. A custodial parent who is under the age of 18 is eligible, regardless of that individual's or that individual's parent's income or assets, to meet with a financial and employment planner. The financial and employment planner may provide the individual with information regarding Wisconsin works Works eligibility, available child care services, employment and financial planning, family planning services, as defined in s. 253.07 (1) (b), community resources, eligibility for food stamps benefits under the supplemental nutrition assistance program, and other food and nutrition programs.

SB400, s. 145 Section 145. 49.161 (1) of the statutes is amended to read:

SB400,67,10 49.161 (1) Trial jobs overpayments. Notwithstanding s. 49.96 49.043, the department shall recover an overpayment of benefits paid under s. 49.148 (1) (a) from an individual who receives benefits paid under s. 49.148 (1) (a). The value of the benefit liable for recovery under this subsection may not exceed the amount that the department paid in wage subsidies with respect to that participant while the participant was ineligible to participate. The department shall promulgate rules establishing policies and procedures for administrating this subsection.

SB400, s. 146 Section 146. 49.1635 of the statutes is renumbered 49.215.

SB400, s. 147 Section 147. 49.165 of the statutes, as affected by 2011 Wisconsin Act 32, is renumbered 49.217.

SB400, s. 148 Section 148. 49.167 of the statutes is renumbered 49.219.

SB400, s. 149 Section 149. 49.169 of the statutes is renumbered 49.221.

SB400, s. 150 Section 150. 49.173 (3) (a) 2. of the statutes is amended to read:

SB400,67,18 49.173 (3) (a) 2. Food stamp Supplemental nutrition assistance employment and training.

SB400, s. 151 Section 151. 49.175 (1) (m) of the statutes is amended to read:

SB400,67,21 49.175 (1) (m) Children first. For services under the work experience program for noncustodial parents under s. 49.36 49.163, $1,140,000 in each fiscal year.

SB400, s. 152 Section 152. 49.19 (4) (h) 1. b. of the statutes is amended to read:

SB400,68,12 49.19 (4) (h) 1. b. Except as provided under sub. (5) (a) 1m., when When any person applies for or receives aid under this section, any right of the parent or any dependent child to support or maintenance from any other person, including any right to unpaid amounts accrued at the time of application and any right to amounts accruing during the time aid is paid under this section, is assigned to the state. If a minor who is a beneficiary of aid under this section is also the beneficiary of support under a judgment or order that includes support for one or more children not receiving aid under this section, any support payment made under the judgment or order is assigned to the state in the amount that is the proportionate share of the minor receiving aid under this section, except as otherwise ordered by the court on the motion of a party. Amounts assigned to the state under this subd. 1. b. remain assigned to the state until that amount of aid paid that represents the amount due as support or maintenance has been recovered. No amount of support that begins to accrue after aid under this section is discontinued for the recipient may be considered assigned to this state.

Note: Deletes references to a provision that is repealed by the bill.

SB400, s. 153 Section 153. 49.19 (5) (a) 1m., (16) and (17) of the statutes are repealed.

Note: Repeals obsolete provisions in the aid to families with dependent children section.

SB400, s. 154 Section 154. 49.195 (title) of the statutes is amended to read:

SB400,68,16 49.195 (title) Recovery of Action to recoup aid to families with dependent children and, Wisconsin works Works benefits.

Note: Modifies title to distinguish from recovery of overpayments.

SB400, s. 155 Section 155. 49.195 (3) of the statutes is renumbered 49.195 (3) (a) and amended to read:

SB400,69,9 49.195 (3) (a) A county, tribal governing body, Wisconsin works Works agency, or the department shall determine whether an overpayment has been made under s. 49.19, 49.148, 49.155, or 49.157 and, if so, the amount of the overpayment. The county, tribal governing body, Wisconsin works Works agency, or department shall provide notice of the overpayment to the liable person. The department shall give that person an opportunity for a review following the procedure specified under s. 49.152 or 49.1525, if the person received the overpayment under s. ss. 49.141 to 49.161, and for a hearing under ch. 227. Notwithstanding s. 49.96 49.043, the department shall promptly recover all overpayments made under s. 49.19, 49.148, 49.155, or 49.157 that have not already been received under s. 49.161 or 49.19 (17) and shall promulgate rules establishing policies and procedures to administer this subsection. The rules shall include notification procedures similar to those established for child support collections.

Note: Adds a reference to the provision created in this bill relating to review of Wisconsin Shares decisions.

SB400, s. 156 Section 156. 49.195 (3) (b) of the statutes is created to read:

SB400,69,16 49.195 (3) (b) Notwithstanding par. (a), the department shall waive recovery of an overpayment paid to a child care provider under s. 49.155 if the overpayment is a result of the child care provider's reasonable reliance on incorrect information provided by the county department or an agency with which the department contracts under s. 49.155 (1m) regarding the child care provider's eligibility for payment or an individual's eligibility to receive a child care subsidy under s. 49.155.

Note: Requires DCF to waive recovery of incorrect payments to a child care provider if the child care provider provided services in reasonable reliance on information provided to the child care provider.

SB400, s. 157 Section 157. 49.195 (3m) (f) of the statutes is amended to read:

SB400,70,2 49.195 (3m) (f) Notwithstanding s. 49.96 49.043, at any time after the filing of a warrant, the department may commence and maintain a garnishee action as provided by ch. 812 or may use the remedy of attachment as provided by ch. 811 for actions to enforce a judgment. The place of trial of such an action may be either in Dane County or the county where the debtor resides and may not be changed from the county in which that action is commenced, except upon consent of the parties.

SB400, s. 158 Section 158. 49.195 (3n) (q) 2. of the statutes is amended to read:

SB400,70,5 49.195 (3n) (q) 2. The first $1,000 of an account in a depository institution is exempt from any levy to recover a benefit overpayment debt.

Note: Replaces "benefit overpayment" with the defined term "debt" in the section relating to recovery of aid to families with dependent children and Wisconsin Works benefits.

SB400, s. 159 Section 159. 49.197 (1m) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,71,3 49.197 (1m) Fraud investigation. From the appropriations under s. 20.437 (2) (dz), (kx), (L), (mc), (md), (me), 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 program under ss. 49.141 to 49.161, and, if the department of health services contracts with the department under sub. (5), on the part of recipients of medical assistance under subch. IV, food stamp benefits under the food stamp supplemental nutrition assistance 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 or multicounty consortia, as defined in s. 49.78 49.003 (1) (br), and to Wisconsin Works agencies to encourage activities to detect fraud. The department shall cooperate with district attorneys regarding fraud prosecutions.

SB400, s. 160 Section 160. 49.197 (2) (a) 3. of the statutes, as affected by 2011 Wisconsin Act 32, is repealed.

Note: Repeals a definition for the term "tribal governing body," which is created in Section 70 of the bill.

SB400, s. 161 Section 161. 49.197 (3) of the statutes is amended to read:

SB400,71,14 49.197 (3) State error reduction activities. The department shall conduct activities to reduce payment errors in Wisconsin Works under ss. 49.141 to 49.161 and, if the department of health services contracts with the department under sub. (5), the Medical Assistance program under subch. IV, the food stamp supplemental nutrition assistance 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.

SB400, s. 162 Section 162. 49.197 (4) of the statutes, as affected by 2011 Wisconsin Act 32, is amended to read:

SB400,72,4 49.197 (4) County and tribal error reduction. If the department of health services contracts with the department under sub. (5), the department shall provide funds from the appropriation under s. 20.437 (2) (kx) to counties, multicounty consortia, as defined in s. 49.78 49.003 (1) (br), and tribal governing bodies of federally recognized American Indian tribes administering Medical Assistance under subch. IV, the food stamp supplemental nutrition assistance 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.

SB400, s. 163 Section 163. 49.197 (5) of the statutes is amended to read:

SB400,72,20 49.197 (5) Contracts for medical assistance, food stamps supplemental nutrition assistance, supplemental security income, and caretaker supplement. Notwithstanding s. 49.845 49.019 (1) and (2), the department of health services may contract with the department to investigate suspected fraudulent activity on the part of recipients of medical assistance under subch. IV, food stamp benefits under the food stamp supplemental nutrition assistance 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 supplemental nutrition assistance 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.

SB400, s. 164 Section 164. Subchapter III (title) of chapter 49 [precedes 49.203] of the statutes is repealed and recreated to read:

SB400,72,23 chapter 49

SB400,72,24 Subchapter III