AB40: Bill Text

AB40,479,3 45.50 (11) Medical assistance assessment exemption. A Wisconsin veterans home is exempt from paying any assessment imposed on the licensed beds in the home under s. 50.14 (2) (am).

AB40,791 Section 791. 45.51 (2) (b) 1. of the statutes is repealed.

AB40,792 Section 792. 45.51 (2) (b) 5. of the statutes is amended to read:

AB40,479,8 45.51 (2) (b) 5. Has care needs that the veterans home is able to provide within the resources allocated for the care of members of the veterans home , including chronic alcoholism, drug addiction, psychosis, or active tuberculosis.

AB40,793 Section 793. 45.51 (3) (a) of the statutes is renumbered 45.51 (3) (a) 2.

AB40,794 Section 794. 45.51 (3) (a) 1. of the statutes is created to read:

AB40,479,12 45.51 (3) (a) 1. In this paragraph, "physical care" includes skilled rehabilitation services following a hospital stay that meets the qualifications under 42 CFR 409.30.

AB40,795 Section 795. 45.51 (3) (c) 1. (intro.) of the statutes is amended to read:

AB40,479,15 45.51 (3) (c) 1. (intro.) The categories for the order of priority for admission to a veterans home shall be as follows:

AB40,796 Section 796. 45.51 (3) (c) 1m. of the statutes is created to read:

AB40,479,18 45.51 (3) (c) 1m. Within each category specified in subd. 1., the following order of priority shall apply:

AB40,479,22 a. A person who is a resident of the state on the date of application for membership in a veterans home and who has been residing continuously in the state for a period of more than 6 months immediately preceding the date of application for membership has first priority for admission.

AB40,480,2 b. A person who is a resident of the state on the date of application for membership in a veterans home and who has been residing continuously in the state for a period of 6 months or less immediately preceding the date of application for membership has 2nd priority for admission.

AB40,480,4 c. A person who is not a resident of the state on the date of application for membership in a veterans home has 3rd priority for admission.

AB40,797 Section 797. 45.51 (5) (intro.) of the statutes is amended to read:

AB40,480,10 45.51 (5) Additional eligibility requirements of a surviving spouse. (intro.) The surviving spouse of a person under sub. (2) (a) 1. or 2. who was a resident of this state at the time of the veteran's death is eligible if the surviving spouse meets the requirements of sub. (2) (b) 3. to 5. and if the surviving spouse satisfies all of the following conditions:

AB40,798 Section 798. 45.51 (5) (f) of the statutes is repealed.

AB40,799 Section 799. 45.51 (6) (intro.) of the statutes is amended to read:

AB40,480,18 45.51 (6) Additional eligibility requirements of parents. (intro.) The parent of a person under sub. (2) (a) 1. or 2. who was a resident of this state at the time of the person's death or, the parent of a living person under sub. (2) (a) 1. or 2. who is eligible for membership, or the parent of a person who died while in the service is eligible if the parent meets the requirements of sub. (2) (b) 3. to 5. and if the parent satisfies all of the following conditions:

AB40,800 Section 800. 45.51 (6) (b) of the statutes is repealed.

AB40,801 Section 801. 45.51 (6m) of the statutes is created to read:

AB40,480,23 45.51 (6m) Residency. In order to be eligible for benefits under this subchapter, a person specified under sub. (2) (a) 1., 2., or 3. does not have to be a resident of this state on the date of application for membership.

AB40,802 Section 802. 45.51 (12) of the statutes is amended to read:

AB40,481,3 45.51 (12) Powers of commandant over personal funds of members. A commandant, the secretary, or the secretary's designee may receive, disburse, and account for funds of members.

AB40,803 Section 803. 45.61 (2) (f) of the statutes is created to read:

AB40,481,5 45.61 (2) (f) A person who is a member of a veterans home under s. 45.50.

AB40,804 Section 804. 45.61 (3) of the statutes is amended to read:

AB40,481,10 45.61 (3) Fees and costs. The department may charge a fee for burials under this section and may promulgate rules for the assessment of any fee. The cost of preparing the grave and the erection of a marker for a person described under sub. (2) (a), (b), (d), or (e) shall be paid from the appropriation under s. 20.485 (1) (gk) (r).

AB40,805 Section 805. 45.61 (4) of the statutes is renumbered 45.61 (4) (a).

AB40,806 Section 806. 45.61 (4) (b) of the statutes is created to read:

AB40,481,15 45.61 (4) (b) In processing applications for burial plots, the department shall maintain a waiting list for each of the cemeteries operated under sub. (1) and shall give priority to state residents on each waiting list.

AB40,807 Section 807. 45.61 (5) (a) of the statutes is amended to read:

AB40,481,23 45.61 (5) (a) Expenses incident to the burial under this section of persons described in sub. (2) (a) and (b) to (e) shall be paid from the estate of the decedent, except that if there is no estate or the estate is insufficient, the expense of burial, or necessary part of the burial, shall be paid from the appropriation under s. 20.485 (1) (gk) (r) for members of veterans homes, and the amount expended for those expenses shall not exceed the amount established for funeral and burial expenses under s. 49.785 (1) (b).

AB40,808 Section 808. 45.70 (1) of the statutes is renumbered 45.70 (1m).

AB40,809 Section 809. 45.70 (1b) (title) of the statutes is created to read:

AB40,482,1 45.70 (1b) (title) Establishment and modifications of memorials.

AB40,810 Section 810. 45.70 (1b) (b) of the statutes is created to read:

AB40,482,5 45.70 (1b) (b) The board may act under par. (a) only if the department estimates that the cost of implementing the proposal for an established or future state memorial will exceed $25,000.

AB40,811 Section 811. 45.70 (2) (a) of the statutes is renumbered 45.70 (1b) (a) and amended to read:

AB40,482,12 45.70 (1b) (a) The board may approve, recommend, and veto any proposed plans, modifications, and changes or policies with respect to established state memorials, including the Camp Randall Memorial Park, Madison, Wisconsin, as described in par. (c), and any future veterans state memorials, and may recommend the creation and establishment of future veterans state memorials.

AB40,812 Section 812. 45.70 (2) (b) of the statutes is amended to read:

AB40,482,18 45.70 (2) (b) No structures, other than memorials approved by the board, and no walks, roads, or subterranean footings may be placed or erected upon Camp Randall Memorial Park, Madison, Wisconsin, as described in par. (c), unless authorized by the legislature; nor shall the park be used for any purpose other than a memorial park.

AB40,813 Section 813. 45.82 (4) of the statutes is amended to read:

AB40,483,3 45.82 (4) The department shall provide grants to the governing bodies of federally recognized American Indian tribes and bands from the appropriation under s. 20.485 (2) (km) or (vw) if that governing body enters into an agreement with the department regarding the creation, goals, and objectives of a tribal veterans service officer, appoints a veteran to act as a tribal veterans service officer, and gives that veteran duties similar to the duties described in s. 45.80 (5), except that the veteran shall report to the governing body of the tribe or band. The department may make annual grants of up to $8,500 $15,000 per grant under this subsection and shall promulgate rules to implement this subsection.

AB40,814 Section 814. 46.03 (30) (a) of the statutes is amended to read:

AB40,483,10 46.03 (30) (a) To provide for an orderly reduction of state institutional primary psychiatric services the department may approve the institutes entering into contracts with county departments under s. 51.42 for providing primary psychiatric care. If excess capacity exists at state operated mental health institutes, the department shall, subject to s. ss. 13.48 (14) (am) and 16.848 (1), explore the possible sale or lease of such excess facilities to a county department under s. 51.42.

AB40,815 Section 815. 46.035 (2) (a) of the statutes is amended to read:

AB40,483,18 46.035 (2) (a) Without limitation by reason of any other provisions of the statutes except s. ss. 13.48 (14) (am) and 16.848 (1), the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings thereon owned by, or owned by the state and held for, the department or of any of the institutions under the jurisdiction of the department for such consideration and upon such terms and conditions as in the judgment of the secretary are in the public interest.

AB40,816 Section 816. 46.057 (2) of the statutes is amended to read:

AB40,484,3 46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $1,365,500 in each fiscal year and, from the appropriation account under s. 20.410 (3) (hm), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $2,890,700 $2,707,100 in fiscal year 2011-12 2013-14 and $2,964,000 $2,772,800 in fiscal year 2012-13 2014-15, for services for juveniles placed at the Mendota juvenile treatment center. The department of health services may charge the department of corrections not more than the actual cost of providing those services.

AB40,817 Section 817. 46.06 (4) of the statutes is amended to read:

AB40,484,11 46.06 (4) Sales. The department may, with the approval of the building commission, and subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), sell and convey such lands under the jurisdiction of the department as the secretary deems to be in excess of the present or future requirements of the department for either the operation of its facilities or programs, for the maintenance of buffer zones adjacent to its facilities or for other public purposes. The proceeds of such sales are subject to s. 13.48 (14) (c).

AB40,818 Section 818. 46.07 of the statutes is amended to read:

AB40,485,5 46.07 Property of patients or residents. All money including wages and other property delivered to an officer or employee of any institution for the benefit of a patient or resident shall immediately be delivered to the steward, who shall enter the money upon the steward's books to the credit of the patient or resident. The property shall be used only under the direction and with the approval of the superintendent and for the crime victim and witness assistance surcharge under s. 973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046 (1r), the child pornography surcharge under s. 973.042, the drug offender diversion surcharge under s. 973.043, or the benefit of the patient or resident. If the money remains uncalled for for one year after the patient's or resident's death or departure from the institution, the superintendent shall deposit the money in the general fund. If any patient or resident leaves property, other than money, uncalled for at an institution for one year, the superintendent shall sell the property, and the proceeds shall be deposited in the general fund. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (c).

AB40,819 Section 819. 46.21 (1) (d) of the statutes is amended to read:

AB40,485,14 46.21 (1) (d) "Human services" means the total range of services to people, including mental illness treatment, developmental disabilities services, physical disabilities services, income maintenance, youth probation, extended supervision and parole services, alcohol and drug abuse services, services to children, youth and families, family counseling, early intervention services for children from birth to the age of 3, and manpower services. "Human services" does not include child welfare services administered by the department of children and families under s. 48.48 (17) administered by the department in a county having a population of 500,000 or more.

AB40,820 Section 820. 46.215 (1) (intro.) of the statutes is amended to read:

AB40,486,3 46.215 (1) Creation; powers and duties. (intro.) In Except as provided in ss. 49.155 (3g), 49.78 (1r), 49.825, and 49.826, in a county with a population of 500,000 750,000 or more the administration of welfare services, other than child welfare services administered by the department of children and families under s. 48.48 (17) administered by the department and except as provided in ss. 49.155 (3g), 49.78 (1r), 49.825, and 49.826, is vested in a county department of social services under the jurisdiction of the county board of supervisors under s. 46.21 (2m) (b) 1. a. Any reference in any law to a county department of social services under this section applies to a county department under s. 46.21 (2m) in its administration under s. 46.21 (2m) of the powers and duties of the county department of social services. Except as provided in ss. 49.155 (3g), 49.78 (1r), 49.825, and 49.826, the county department of social services shall have the following functions, duties, and powers, and such other welfare functions as may be delegated to it:

AB40,821 Section 821. 46.27 (7g) (a) 1m. of the statutes is created to read:

AB40,486,6 46.27 (7g) (a) 1m. "Decedent" means a deceased client or a deceased nonclient surviving spouse, whichever is applicable.

AB40,822 Section 822. 46.27 (7g) (a) 4. of the statutes is created to read:

AB40,486,10 46.27 (7g) (a) 4. "Nonclient surviving spouse" means any person who was married to a client while the client was receiving services for which the cost may be recovered under par. (c) 1. and who survived the client.

AB40,823 Section 823. 46.27 (7g) (a) 5. of the statutes is created to read:

AB40,486,16 46.27 (7g) (a) 5. a. "Property of a decedent" means all real and personal property to which the client held any legal title or in which the client had any legal interest immediately before death, to the extent of that title or interest, including assets transferred to a survivor, heir, or assignee through joint tenancy, tenancy in common, survivorship, life estate, living trust, or any other arrangement.

AB40,486,23 b. Notwithstanding subd. 5. a., "property of a decedent" includes all real and personal property in which the nonclient surviving spouse had an ownership interest at the client's death and in which the client had a marital property interest with that nonclient surviving spouse at any time within 5 years before the client applied for long-term community support services funded under sub. (7) or during the time that the client was eligible for long-term community support services funded under sub. (7).

AB40,824 Section 824. 46.27 (7g) (c) 1. of the statutes is amended to read:

AB40,487,5 46.27 (7g) (c) 1. Except as provided in subd. 4., the department shall file a claim against the estate of a client or, and against the estate of the a nonclient surviving spouse of a client, for the amount of long-term community support services funded under sub. (7) paid on behalf of the client after the client attained 55 years of age, unless already recovered by the department under this subsection.

AB40,825 Section 825. 46.27 (7g) (c) 2m. of the statutes is created to read:

AB40,487,9 46.27 (7g) (c) 2m. a. Property that is subject to the department's claim under subd. 1. in the estate of a client or in the estate of a nonclient surviving spouse is all property of a decedent that is included in the estate.

AB40,487,13 b. There is a presumption, which may be rebutted by clear and convincing evidence, that all property in the estate of the nonclient surviving spouse was marital property held with the client and that 100 percent of the property in the estate of the nonclient surviving spouse is subject to the department's claim under subd. 1.

AB40,826 Section 826. 46.27 (7g) (c) 3. (intro.) of the statutes is amended to read:

AB40,487,18 46.27 (7g) (c) 3. (intro.) The court shall reduce the amount of a claim under subd. 1. by up to the amount specified in s. 861.33 (2) if necessary to allow the client's decedent's heirs or the beneficiaries of the client's decedent's will to retain the following personal property:

AB40,827 Section 827. 46.27 (7g) (c) 5. a. of the statutes is amended to read:

AB40,488,2 46.27 (7g) (c) 5. a. If the department's claim is not allowable because of subd. 4. and the estate includes an interest in real property, including a home, the court exercising probate jurisdiction shall, in the final judgment or summary findings and order, assign the interest in the home real property subject to a lien in favor of the department for the amount described in subd. 1. The personal representative or petitioner for summary settlement or summary assignment of the estate shall record the final judgment as provided in s. 863.29, 867.01 (3) (h), or 867.02 (2) (h).

AB40,828 Section 828. 46.27 (7g) (c) 5. b. of the statutes is amended to read:

AB40,488,10 46.27 (7g) (c) 5. b. If the department's claim is not allowable because of subd. 4., the estate includes an interest in real property, including a home, and the personal representative closes the estate by sworn statement under s. 865.16, the personal representative shall stipulate in the statement that the home real property is assigned subject to a lien in favor of the department for the amount described in subd. 1. The personal representative shall record the statement in the same manner as described in s. 863.29, as if the statement were a final judgment.

AB40,829 Section 829. 46.27 (7g) (c) 6. (intro.) of the statutes is amended to read:

AB40,488,13 46.27 (7g) (c) 6. (intro.) The department may not enforce the a lien under subd. 5. as long as any of the following survive the decedent:

AB40,830 Section 830. 46.27 (7g) (c) 6m. of the statutes is created to read:

AB40,488,16 46.27 (7g) (c) 6m. All of the following apply to a lien under subd. 5. that the department may not enforce because of subd. 6.:

AB40,488,19 a. If the decedent's surviving spouse or child who is under age 21 or disabled refinances a mortgage on the real property, the lien is subordinate to the new encumbrance.

AB40,488,21 b. The department shall release the lien in the circumstances described in s. 49.848 (5) (f).

AB40,831 Section 831. 46.27 (7g) (g) of the statutes is amended to read:

AB40,489,3 46.27 (7g) (g) The department shall promulgate rules establishing standards for determining whether the application of this subsection would work an undue hardship in individual cases. If the department determines that the application of this subsection would work an undue hardship in a particular case, the department shall waive application of this subsection in that case. This paragraph does not apply with respect to claims against the estates of nonclient surviving spouses.

AB40,832 Section 832. 46.286 (1m) of the statutes is created to read:

AB40,489,11 46.286 (1m) Income and assets excluded. For purposes of determining a person's financial eligibility under sub. (1) (b) and cost-sharing requirements under sub. (2), to the extent approved by the federal government, the department or its designee shall exclude any assets accumulated in an independence account, as defined in s. 49.472 (1) (c), and any income or assets from retirement benefits earned or accumulated from employment income or employer contributions while the person was employed and eligible for and receiving medical assistance under s. 49.472.

AB40,833 Section 833. 46.286 (7) of the statutes is amended to read:

AB40,489,17 46.286 (7) Recovery of family care benefit payments; rules. The department shall promulgate rules relating apply to the recovery from persons who receive the family care benefit, including by liens and affidavits and from estates, of correctly and incorrectly paid family care benefits, that are substantially similar to the applicable provisions under ss. 49.496 and 49.497, 49.848, and 49.849.

AB40,834 Section 834. 46.287 (2) (a) 1. k. of the statutes is amended to read: