AB40,1186 11Section 1186. 49.496 (3) (a) 2. am. of the statutes is created to read:
AB40,594,1312 49.496 (3) (a) 2. am. All services provided to an individual while the individual
13is participating in a long-term care program.
AB40,1187 14Section 1187. 49.496 (3) (a) 2. b. of the statutes is repealed.
AB40,1188 15Section 1188. 49.496 (3) (a) 2. c. of the statutes is repealed.
AB40,1189 16Section 1189. 49.496 (3) (ad) of the statutes is created to read:
AB40,594,2117 49.496 (3) (ad) The amount the department may claim against an estate of a
18recipient, or an estate of a nonrecipient surviving spouse, for services that are
19described under par. (a) 2. am. and that are provided by a managed long-term care
20program funded by capitated payments is equal to the amount of the capitated
21payment for the recipient.
AB40,1190 22Section 1190. 49.496 (3) (aj) of the statutes is created to read:
AB40,594,2523 49.496 (3) (aj) 1. Property that is subject to the department's claim under par.
24(a) in the estate of a recipient or in the estate of a nonrecipient surviving spouse is
25all property of a decedent that is included in the estate.
AB40,595,5
12. There is a presumption, which may be rebutted by clear and convincing
2evidence, that all property in the estate of a nonrecipient surviving spouse was
3marital property held with the recipient and that 100 percent of the property in the
4estate of the nonrecipient surviving spouse is subject to the department's claim
5under par. (a).
AB40,1191 6Section 1191. 49.496 (3) (am) (intro.) of the statutes is amended to read:
AB40,595,107 49.496 (3) (am) (intro.) The court shall reduce the amount of a claim under par.
8(a) by up to the amount specified in s. 861.33 (2) if necessary to allow the recipient's
9decedent's heirs or the beneficiaries of the recipient's decedent's will to retain the
10following personal property:
AB40,1192 11Section 1192. 49.496 (3) (c) 1. of the statutes is amended to read:
AB40,595,1812 49.496 (3) (c) 1. If the department's claim is not allowable because of par. (b)
13and the estate includes an interest in any real property, including a home, the court
14exercising probate jurisdiction shall, in the final judgment or summary findings and
15order, assign the interest in the home real property subject to a lien in favor of the
16department for the amount described in par. (a). The personal representative or
17petitioner for summary settlement or summary assignment of the estate shall record
18the final judgment as provided in s. 863.29, 867.01 (3) (h), or 867.02 (2) (h).
AB40,1193 19Section 1193. 49.496 (3) (c) 2. of the statutes is amended to read:
AB40,596,220 49.496 (3) (c) 2. If the department's claim is not allowable because of par. (b),
21the estate includes an interest in any real property, including a home, and the
22personal representative closes the estate by sworn statement under s. 865.16, the
23personal representative shall stipulate in the statement that the home real property
24is assigned subject to a lien in favor of the department for the amount described in

1par. (a). The personal representative shall record the statement in the same manner
2as described in s. 863.29, as if the statement were a final judgment.
AB40,1194 3Section 1194. 49.496 (3) (d) (intro.) of the statutes is amended to read:
AB40,596,54 49.496 (3) (d) (intro.) The department may not enforce the a lien under par. (c)
5as long as any of the following survive the decedent:
AB40,1195 6Section 1195. 49.496 (3) (dm) of the statutes is created to read:
AB40,596,87 49.496 (3) (dm) All of the following apply to a lien under par. (c) that the
8department may not enforce because of par. (d):
AB40,596,119 1. If the decedent's surviving spouse or child who is under age 21 or disabled
10refinances a mortgage on the real property, the lien is subordinate to the new
11encumbrance.
AB40,596,1312 2. The department shall release the lien in the circumstances described in s.
1349.848 (5) (f).
AB40,1196 14Section 1196. 49.496 (6m) of the statutes is amended to read:
AB40,596,2115 49.496 (6m) Waiver due to hardship. The department shall promulgate rules
16establishing standards for determining whether the application of this section would
17work an undue hardship in individual cases. If the department determines that the
18application of this section would work an undue hardship in a particular case, the
19department shall waive application of this section in that case. This subsection does
20not apply with respect to claims against the estates of nonrecipient surviving
21spouses.
AB40,1197 22Section 1197. 49.4962 of the statutes is created to read:
AB40,596,24 2349.4962 Voiding certain transfers of real property. (1) Definitions. In
24this section:
AB40,596,2525 (a) "Conveyance" has the meaning given in s. 706.01 (4).
AB40,597,2
1(b) "Fair market value" means the price that a willing buyer would pay a willing
2seller for the purchase of real property.
AB40,597,33 (c) "Fraudulent transfer" means any of the following:
AB40,597,44 1. A transfer of title to real property for less than fair market value.
AB40,597,75 2. A transfer of title to real property by a conveyance that is not recorded during
6the lifetime of the grantor in the office of the register of deeds of the county in which
7the real property is located.
AB40,597,88 (d) "Grantee" has the meaning given in s. 706.01 (6).
AB40,597,99 (e) "Grantor" has the meaning given in s. 706.01 (6).
AB40,597,11 10(2) Voidable transfers. (a) A transfer of real property to which all of the
11following apply is voidable by the department:
AB40,597,1412 1. The transfer was made by a grantor who was receiving or who received
13medical assistance, or by someone on his or her behalf, during the time that the
14grantor was eligible for medical assistance.
AB40,597,1615 2. The department was not notified and was unaware that the transfer was
16made.
AB40,597,1817 3. The transfer was made to hinder, delay, or defraud the department from
18recovering medical assistance benefits that were paid on behalf of the grantor.
AB40,597,2119 (b) The department may commence an action in circuit court against the
20grantee to void the transfer. If the court voids the transfer, the title to the real
21property reverts to the grantor or his or her estate.
AB40,597,25 22(3) Presumption. There is a presumption, which may be rebutted by clear and
23convincing evidence, that a transfer described in sub. (2) (a) 1. that is a fraudulent
24transfer was made to hinder, delay, or defraud the department from recovering
25medical assistance benefits that were paid on behalf of the grantor.
AB40,598,4
1(4) Burden of proof. With respect to a transfer under sub. (1) (c) 1., the burden
2of proof for establishing fair market value is on the grantee. Fair market value must
3be established through a credible methodology, which may include an appraisal
4performed by a licensed appraiser.
AB40,598,8 5(5) Inapplicable to purchaser in good faith. Subsection (2) does not apply if,
6after the transfer described in sub. (2), the real property was transferred by a
7conveyance to a purchaser in good faith and for a valuable consideration and the
8conveyance was recorded.
AB40,598,10 9(6) Applicability. This section applies to any of the following transfers of real
10property:
AB40,598,1211 (a) A transfer that is made on or after the effective date of this paragraph ....
12[LRB inserts date].
AB40,598,1513 (b) A transfer that was made before the effective date of this paragraph .... [LRB
14inserts date], if the grantor is receiving medical assistance on, or receives medical
15assistance after, the effective date of this paragraph .... [LRB inserts date].
AB40,1198 16Section 1198. 49.67 of the statutes is repealed.
AB40,1199 17Section 1199. 49.682 (1) (am) of the statutes is created to read:
AB40,598,1918 49.682 (1) (am) "Decedent" means a deceased client or a deceased nonclient
19surviving spouse, whichever is applicable.
AB40,1200 20Section 1200. 49.682 (1) (d) of the statutes is created to read:
AB40,598,2321 49.682 (1) (d) "Nonclient surviving spouse" means any person who was married
22to a client while the client was receiving services for which the cost may be recovered
23under sub. (2) (a) and who survived the client.
AB40,1201 24Section 1201. 49.682 (1) (e) of the statutes is created to read:
AB40,599,5
149.682 (1) (e) 1. "Property of a decedent" means all real and personal property
2to which the client held any legal title or in which the client had any legal interest
3immediately before death, to the extent of that title or interest, including assets
4transferred to a survivor, heir, or assignee through joint tenancy, tenancy in common,
5survivorship, life estate, living trust, or any other arrangement.
AB40,599,116 2. Notwithstanding subd. 1., "property of a decedent" includes all real and
7personal property in which the nonclient surviving spouse had an ownership interest
8at the client's death and in which the client had a marital property interest with that
9nonclient surviving spouse at any time within 5 years before the client applied for
10aid under s. 49.68, 49.683, or 49.685 or during the time that the recipient was eligible
11for aid under s. 49.68, 49.683, or 49.685.
AB40,1202 12Section 1202. 49.682 (2) (a) of the statutes is amended to read:
AB40,599,1613 49.682 (2) (a) Except as provided in par. (d), the department shall file a claim
14against the estate of a client or, and against the estate of the a nonclient surviving
15spouse of a client, for the amount of aid under s. 49.68, 49.683, or 49.685 paid to or
16on behalf of the client.
AB40,1203 17Section 1203. 49.682 (2) (bm) of the statutes is created to read:
AB40,599,2018 49.682 (2) (bm) 1. Property that is subject to the department's claim under par.
19(a) in the estate of a client or in the estate of a nonclient surviving spouse is all
20property of a decedent that is included in the estate.
AB40,599,2421 2. There is a presumption, which may be rebutted by clear and convincing
22evidence, that all property in the estate of the nonclient surviving spouse was marital
23property held with the client and that 100 percent of the property in the estate of the
24nonclient surviving spouse is subject to the department's claim under par. (a).
AB40,1204 25Section 1204. 49.682 (2) (c) (intro.) of the statutes is amended to read:
AB40,600,4
149.682 (2) (c) (intro.) The court shall reduce the amount of a claim under par.
2(a) by up to the amount specified in s. 861.33 (2) if necessary to allow the client's
3decedent's heirs or the beneficiaries of the client's decedent's will to retain the
4following personal property:
AB40,1205 5Section 1205. 49.682 (2) (e) 1. of the statutes is amended to read:
AB40,600,126 49.682 (2) (e) 1. If the department's claim is not allowable because of par. (d)
7and the estate includes an interest in real property, including a home, the court
8exercising probate jurisdiction shall, in the final judgment or summary findings and
9order, assign the interest in the home real property subject to a lien in favor of the
10department for the amount described in par. (a). The personal representative or
11petitioner for summary settlement or summary assignment of the estate shall record
12the final judgment as provided in s. 863.29, 867.01 (3) (h), or 867.02 (2) (h).
AB40,1206 13Section 1206. 49.682 (2) (e) 2. of the statutes is amended to read:
AB40,600,2014 49.682 (2) (e) 2. If the department's claim is not allowable because of par. (d),
15the estate includes an interest in real property, including a home, and the personal
16representative closes the estate by sworn statement under s. 865.16, the personal
17representative shall stipulate in the statement that the home real property is
18assigned subject to a lien in favor of the department for the amount described in par.
19(a). The personal representative shall record the statement in the same manner as
20described in s. 863.29, as if the statement were a final judgment.
AB40,1207 21Section 1207. 49.682 (2) (f) (intro.) of the statutes is amended to read:
AB40,600,2322 49.682 (2) (f) (intro.) The department may not enforce the a lien under par. (e)
23as long as any of the following survive the decedent:
AB40,1208 24Section 1208. 49.682 (2) (fm) of the statutes is created to read:
AB40,601,2
149.682 (2) (fm) All of the following apply to a lien under par. (e) that the
2department may not enforce because of par. (f):
AB40,601,53 1. If the decedent's surviving spouse or child who is under age 21 or disabled
4refinances a mortgage on the real property, the lien is subordinate to the new
5encumbrance.
AB40,601,76 2. The department shall release the lien in the circumstances described in s.
749.848 (5) (f).
AB40,1209 8Section 1209. 49.682 (3) of the statutes is amended to read:
AB40,601,149 49.682 (3) The department shall administer the program under this section
10and may contract with an entity to administer all or a portion of the program,
11including gathering and providing the department with information needed to
12recover payment of aid provided under s. 49.68, 49.683, or 49.685. All funds received
13under this subsection, net of any amount claimed under s. 867.035 (3) 49.849 (5),
14shall be remitted for deposit in the general fund.
AB40,1210 15Section 1210. 49.682 (5) of the statutes is amended to read:
AB40,601,2116 49.682 (5) The department shall promulgate rules establishing standards for
17determining whether the application of this section would work an undue hardship
18in individual cases. If the department determines that the application of this section
19would work an undue hardship in a particular case, the department shall waive
20application of this section in that case. This subsection does not apply with respect
21to claims against the estates of nonclient surviving spouses.
AB40,1211 22Section 1211. 49.78 (1) (b) of the statutes is amended to read:
AB40,602,223 49.78 (1) (b) "Income maintenance program" means the Medical Assistance
24program under subch. IV of ch. 49, the Badger Care health care program under s.
2549.665, the food stamp program under 7 USC 2011 to 2036 except for the employment

1and training program described in s. 49.79 (9)
, or the cemetery, funeral, and burial
2expenses program under s. 49.785.
AB40,1212 3Section 1212. 49.79 (9) (a) 1. of the statutes is amended to read:
AB40,602,154 49.79 (9) (a) 1. The department shall administer an employment and training
5program for recipients under the food stamp program and may contract with county
6departments under ss. 46.215, 46.22, and 46.23, multicounty consortia, and with
7local workforce development boards established under 29 USC 2832, tribal
8governing bodies, or other organizations to carry out the administrative functions.
9The department may contract, or a A county department, multicounty consortium,
10or local workforce development board, tribal governing body, or other organization
11may subcontract, with a Wisconsin Works agency or another provider to administer
12the employment and training program under this subsection. Except as provided in
13subds. 2. and 3., the department may require able individuals who are 18 to 60 years
14of age who are not participants in a Wisconsin Works employment position to
15participate in the employment and training program under this subsection.
AB40,1213 16Section 1213. 49.79 (9) (a) 2. of the statutes is amended to read:
AB40,602,2017 49.79 (9) (a) 2. The department may not require an individual who is a recipient
18under the food stamp program and who is the caretaker of a child under the age of
1912 weeks
6 to participate in any employment and training program under this
20subsection.
AB40,1214 21Section 1214. 49.79 (9) (b) (intro.) of the statutes is amended to read:
AB40,602,2422 49.79 (9) (b) (intro.) An Except as provided in par. (c), an individual who fails
23to comply with the work requirements under par. (a) without good cause is ineligible
24to participate in the food stamp program as follows:
AB40,1215 25Section 1215. 49.79 (9) (c) of the statutes is created to read:
AB40,603,3
149.79 (9) (c) If the department implements a policy under sub. (10), par. (b) does
2not apply to an individual who is required to fulfill the work requirement under sub.
3(10) (b).
AB40,1216 4Section 1216. 49.79 (10) of the statutes is created to read:
AB40,603,75 49.79 (10) Eligibility and work requirements for able-bodied adults. (a) In
6this subsection, "able-bodied adult" means an individual who is not any of the
7following:
AB40,603,88 1. Younger than 18 years of age.
AB40,603,99 2. Fifty years of age or older.
AB40,603,1110 3. Determined by the department to be medically certified as physically or
11mentally unfit for employment, as described in 7 CFR 273.24 (c) (2).
AB40,603,1412 4. A parent of a household member who is younger than 18 years old, even if
13the household member who is younger than 18 years old is not eligible for food
14stamps.
AB40,603,1715 5. Residing in a household that includes a household member who is younger
16than 18 years old, even if the household member who is younger than 18 years old
17is not eligible for food stamps.
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