SB21: Bill Text

SB21,1820 Section 1820. 49.682 (2) (am) of the statutes is created to read:

SB21,734,3 49.682 (2) (am) The department shall file a claim against the estate of a client, and against the estate of a nonclient surviving spouse, for the amount of aid under s. 49.785 paid to or on behalf of the client.

SB21,1821 Section 1821. 49.682 (2) (bm) 1. of the statutes is amended to read:

SB21,734,7 49.682 (2) (bm) 1. Property that is subject to the department's claim under par. (a) or (am) 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.

SB21,1822 Section 1822. 49.682 (2) (bm) 2. of the statutes is amended to read:

SB21,734,13 49.682 (2) (bm) 2. There is a presumption, consistent with s. 766.31, which may be rebutted, 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 par. (a) or (am).

SB21,1823 Section 1823. 49.682 (2) (c) (intro.) of the statutes is amended to read:

SB21,734,18 49.682 (2) (c) (intro.) The court shall reduce the amount of a claim under par. (a) or (am) by up to the amount specified in s. 861.33 (2) if necessary to allow the decedent's heirs or the beneficiaries of the decedent's will to retain the following personal property:

SB21,1824 Section 1824. 49.682 (3) of the statutes is amended to read:

SB21,734,25 49.682 (3) The department shall administer the program under this section and may contract with an entity to administer all or a portion of the program, including gathering and providing the department with information needed to recover payment of aid provided under s. 49.68, 49.683, or 49.685, or 49.785. All funds received under this subsection, net of any amount claimed under s. 49.849 (5), shall be remitted for deposit in the general fund.

SB21,1825 Section 1825. 49.682 (4) (a) of the statutes is amended to read:

SB21,735,5 49.682 (4) (a) The department may recover amounts under this section for the provision of aid provided under s. 49.68, 49.683, or 49.685 paid on and after September 1, 1995, and for the provision of aid provided under s. 49.785 paid on or after the effective date of this paragraph .... [LRB inserts date].

SB21,1826 Section 1826. 49.682 (4) (b) of the statutes is amended to read:

SB21,735,10 49.682 (4) (b) The department may file a claim under sub. (2) (a) only with respect to a client who dies after September 1, 1995. The department may file a claim under sub. (2) (am) only with respect to a client who dies after the effective date of this paragraph .... [LRB inserts date].

SB21,1827 Section 1827. 49.682 (5) of the statutes is amended to read:

SB21,735,17 49.682 (5) The department shall promulgate rules establishing standards for determining whether the application of this section with respect to a claim under sub. (1) (a) would work an undue hardship in individual cases. If the department determines that the application of this section with respect to a claim under sub. (1) (a) would work an undue hardship in a particular case, the department shall waive application of this section in that case.

SB21,1828 Section 1828. 49.688 (2) (a) 6. of the statutes is created to read:

SB21,735,22 49.688 (2) (a) 6. The person applies for and, if eligible, enrolls in Medicare under Part D of Title XVIII of the federal Social Security Act, 42 USC 1395w-101 to 1395w-153, if the secretary of the federal department of health and human services approves the condition on eligibility under this subdivision.

SB21,1829 Section 1829. 49.688 (2) (b) of the statutes is amended to read:

SB21,736,5 49.688 (2) (b) A person to whom par. (a) 1. to 3. and, 5., and 6. applies, but whose annual household income, as determined by the department, exceeds 240% of the federal poverty line for a family the size of the persons' eligible family, is eligible to purchase a prescription drug at the amounts specified in sub. (5) (a) 4. only during the remaining amount of any 12-month period in which the person has first paid the annual deductible specified in sub. (3) (b) 2. a. in purchasing prescription drugs at the retail price and has then paid the annual deductible specified in sub. (3) (b) 2. b.

SB21,1830 Section 1830. 49.78 (5) of the statutes is amended to read:

SB21,736,15 49.78 (5) Personnel examinations. Statewide examinations to ascertain qualifications of applicants in any county department administering aid to families with dependent children shall be given by the administrator of the division director of the bureau of merit recruitment and selection in the office of state employment relations department of administration. The office of state employment relations department of administration shall be reimbursed for actual expenditures incurred in the performance of its functions under this section from the appropriations available to the department of children and families for administrative expenditures.

SB21,1831 Section 1831. 49.785 (1m) (d) of the statutes is created to read:

SB21,736,21 49.785 (1m) (d) If the recipient, or the recipient's spouse or another person, owns a life insurance policy insuring the recipient's life and the face value of the policy is more than $3,000, any amount that the department would be obligated to pay under sub. (1) shall be reduced by one dollar for every dollar by which the face value of the policy exceeds $3,000.

SB21,1832 Section 1832. 49.785 (2) of the statutes is created to read:

SB21,736,25 49.785 (2) The department shall pursue recovery of any amounts paid under sub. (1) from the estate of the recipient and from the estate of any surviving spouse of the recipient as provided in s. 49.682.

SB21,1833 Section 1833. 49.79 (9) (d) of the statutes is created to read:

SB21,737,6 49.79 (9) (d) 1. The department shall request from the secretary of the federal department of agriculture a waiver to permit the department to screen and, if indicated, test, as specified by the department in the waiver request, participants in an employment and training program under this subsection for illegal use of a controlled substance without presenting evidence of a valid prescription.

SB21,737,11 2. If a waiver under subd. 1. is granted and in effect, the department shall screen and, if indicated, test, in a manner approved in the waiver granted by the secretary of the federal department of agriculture, participants in an employment and training program under this subsection for illegal use of a controlled substance without presenting evidence of a valid prescription.

SB21,1834 Section 1834. 49.849 (1) (c) of the statutes is amended to read:

SB21,737,15 49.849 (1) (c) "Nonrecipient surviving spouse" means any person who was married to a recipient while the recipient was receiving or when the recipient received public assistance and who survived the recipient.

SB21,1835 Section 1835. 49.849 (1) (e) of the statutes is amended to read:

SB21,737,20 49.849 (1) (e) "Public assistance" means any services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV, long-term community support services funded under s. 46.27 (7), or aid under s. 49.68, 49.683, or 49.685, or 49.785.

SB21,1836 Section 1836. 49.849 (2) (a) (intro.) of the statutes is amended to read:

SB21,738,3 49.849 (2) (a) (intro.) Subject to par. (b), the department may collect from the property of a decedent by affidavit under sub. (3) (b) or by lien under sub. (4) (a) an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), the long-term community support services under s. 46.27 that is recoverable under s. 46.27 (7g) (c) 1., or the aid under s. 49.68, 49.683, or, 49.685, or 49.785 that is recoverable under s. 49.682 (2) (a) or (am), and that was paid on behalf of the decedent or the decedent's spouse, if all of the following conditions are satisfied:

SB21,1837 Section 1837. 49.849 (2) (a) 1. of the statutes is amended to read:

SB21,738,7 49.849 (2) (a) 1. The decedent died after September 30, 1991, or for the recovery of aid under s. 49.785 the decedent died after the effective date of this subdivision .... [LRB inserts date].

SB21,1838 Section 1838. 49.849 (2) (a) 2. of the statutes is amended to read:

SB21,738,11 49.849 (2) (a) 2. The decedent is not survived by a spouse, a child who is under age 21, or a child who is disabled, as defined in s. 49.468 (1) (a) 1. This subdivision does not apply for the recovery of aid under s. 49.785.

SB21,1839 Section 1839. 49.849 (3) (b) of the statutes is amended to read:

SB21,738,19 49.849 (3) (b) A person who possesses or receives property of a decedent shall transmit the property to the department, if the conditions in sub. (2) (a) 1. and, if applicable, sub. (2) (a) 2. are satisfied, upon receipt of an affidavit by a person designated by the secretary of health services to administer this section showing that the department paid on behalf of the decedent or the decedent's spouse recoverable benefits specified in sub. (2) (a). Upon transmittal, the person is released from any obligation to other creditors or heirs of the decedent.

SB21,1840 Section 1840. 49.849 (3) (c) 5. of the statutes is amended to read:

SB21,738,23 49.849 (3) (c) 5. That the person may request from the department a hardship waiver, if the person co-owned the property with the decedent or is a beneficiary of the property. This subdivision does not apply for the recovery of aid under s. 49.785.

SB21,1841 Section 1841. 49.849 (3) (c) 6. of the statutes is amended to read:

SB21,739,2 49.849 (3) (c) 6. How to request a hardship waiver under subd. 5. This subdivision does not apply for the recovery of aid under s. 49.785.

SB21,1842 Section 1842. 49.849 (4) (b) (intro.) of the statutes is amended to read:

SB21,739,6 49.849 (4) (b) (intro.) The Except as provided in par. (bm), the department may enforce a lien under par. (a) by foreclosure in the same manner as a mortgage on real property, unless any of the following is alive:

SB21,1843 Section 1843. 49.849 (4) (bm) of the statutes is created to read:

SB21,739,11 49.849 (4) (bm) The department may enforce a lien under par. (a) for the recovery of aid under s. 49.785 by foreclosure in the same manner as a mortgage on real property regardless of whether the decedent's spouse or any child of the decedent is alive.

SB21,1844 Section 1844. 49.849 (6) (b) of the statutes is amended to read:

SB21,739,18 49.849 (6) (b) From the appropriation under s. 20.435 (7) (4) (im), with respect to funds collected by the department under sub. (2) related to long-term community support services funded under s. 46.27 (7) paid on behalf of the decedent or the decedent's spouse, the department shall pay claims under sub. (5) and shall spend the remainder of the funds recovered under this section for long-term community support services funded under s. 46.27 (7).

SB21,1845 Section 1845. 49.849 (7) of the statutes is amended to read:

SB21,739,25 49.849 (7) Rules for hardship waiver. The department shall promulgate rules establishing standards to determine whether the application of this section would work an undue hardship in individual cases. If the department determines that the application of this section would work an undue hardship in a particular case, the department shall waive the application of this section in that case. This subsection does not apply with respect to the recovery of aid under s. 49.785.

SB21,1846 Section 1846. 49.85 (1) of the statutes is amended to read:

SB21,740,12 49.85 (1) Department notification requirement. If a county department under s. 46.215, 46.22, or 46.23 or a governing body of a federally recognized American Indian tribe or band determines that the department of health services may recover an amount under s. 49.497, 49.793, or 49.847, or that the department of children and families may recover an amount under s. 49.138 (5), 49.161, or 49.195 (3) or collect an amount under s. 49.147 (6) (cm), the county department or governing body shall notify the affected department of the determination. If a Wisconsin Works agency determines that the department of children and families may recover an amount under s. 49.138 (5), 49.161, or 49.195 (3), or collect an amount under s. 49.147 (6) (cm), the Wisconsin Works agency shall notify the department of children and families of the determination.

SB21,1847 Section 1847. 49.85 (2) (b) of the statutes is amended to read:

SB21,740,22 49.85 (2) (b) At least annually, the department of children and families shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of children and families, the department of children and families has determined that it may recover under ss. 49.138 (5), 49.161, and 49.195 (3) and collect under s. 49.147 (6) (cm), except that the department of children and families may not certify an amount under this subsection unless it has met the notice requirements under sub. (3) and unless its determination has either not been appealed or is no longer under appeal.

SB21,1848 Section 1848. 49.85 (3) (b) 1. of the statutes is amended to read:

SB21,741,3 49.85 (3) (b) 1. Inform the person that the department of children and families intends to certify to the department of revenue an amount that the department of children and families has determined to be due under s. 49.138 (5), 49.161, or 49.195 (3) or to be delinquent under a repayment agreement for a loan under s. 49.147 (6), for setoff from any state tax refund that may be due the person.

SB21,1849 Section 1849. 49.854 (5) (c) of the statutes is renumbered 49.854 (5) (c) 1. and amended to read:

SB21,741,12 49.854 (5) (c) 1. Notwithstanding par. (b), if a lien under par. (b) is in favor of another state, the notice sent by the department to the financial institution may consist of the request from the other state to enforce the lien, a certification by the department that any necessary due process requirements were met in the other state, a request that the financial institution honor the request from the other state by sending the amount specified in the request directly to the other state, and the address to which the financial institution shall send the funds.

SB21,741,14 3. Notice and hearing requirements under pars. (d) and (f) do not apply to a lien in favor of another state.

SB21,1850 Section 1850. 49.854 (5) (c) 2. of the statutes is created to read:

SB21,741,24 49.854 (5) (c) 2. If a financial institution receives directly from another state, or a child support agency in another state, a notice of levy or request to enforce a lien in favor of that other state, along with a certification by the other state that any necessary due process requirements were met in the other state, the financial institution shall honor the notice of levy or request from the other state by sending the amount specified in the notice of levy or request, up to the amount contained in the account or accounts minus any financial institution fee under par. (e) and levy fee under sub. (11) (a), directly to the other state at the address to which the financial institution is directed to send the funds in the notice or request.

SB21,1851 Section 1851. 49.854 (5) (e) of the statutes is amended to read:

SB21,742,9 49.854 (5) (e) Financial institution fees. A financial institution may continue to collect fees, under the terms of the account agreement, on accounts frozen or levied against under this subsection. In addition to the levy fee authorized under sub. (11) (a), a financial institution may collect any early withdrawal penalty incurred under the terms of an account as a result of the levy. Financial institution fees authorized under this paragraph may be charged to the account immediately prior to the remittance of the amount to the department or the other state and may be charged even if the amounts in the obligor's accounts are insufficient to pay the total amount of support owed and the department's levy costs under sub. (11) (b).

SB21,1852 Section 1852. 49.855 (1) of the statutes is renumbered 49.855 (1) (a) and amended to read:

SB21,742,19 49.855 (1) (a) If a person obligated to pay child support, family support, maintenance, or the receiving and disbursing fee under s. 767.57 (1e) (a) is delinquent in making any of those payments, or owes an outstanding amount that has been ordered by the court for past support, medical expenses, or birth expenses, upon application under s. 59.53 (5) for cases in which the payee is receiving services under s. 49.22 or the state is a real party in interest under s. 767.205 (2), the department of children and families shall certify the delinquent payment or outstanding amount to the department of revenue and, at.

SB21,742,24 (b) At least annually, the department of children and families shall certify to the department of revenue delinquent payments of the receiving and disbursing fee under s. 767.57 (1e) (a) not certified under par. (a) and shall provide to the department of revenue any certifications of delinquencies or outstanding amounts that it receives from another state because the obligor resides in this state.

SB21,1853 Section 1853 . 49.857 (1) (d) 4. of the statutes is amended to read:

SB21,743,4 49.857 (1) (d) 4. A certification, license, training permit, registration, approval or certificate issued under s. 49.45 (2) (a) 11., 252.23 (2), 252.24 (2), 254.176 (1) or (3) (a), 254.178 (2) (a), 254.20 (2), (3) or (4), 254.47 (1), 254.64 (1) (a) or (b), 254.71 (2), 255.08 (2), or 256.15 (5) (a) or (b), (6g) (a), or (8) (a).

SB21,1854 Section 1854 . 49.857 (1) (d) 4. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,743,10 49.857 (1) (d) 4. A certification, license, training permit, registration, approval or certificate issued under s. 49.45 (2) (a) 11., 97.33, 97.605 (1) (a) or (b), 97.67 (1), 254.176 (1) or (3) (a), 254.178 (2) (a), 254.20 (2), (3) or (4), 254.47 (1), 254.64 (1) (a) or (b), 254.71 (2), or 256.15 (5) (a) or (b), (6g) (a), or (8) (a).

SB21,1855 Section 1855. 49.857 (1) (d) 8. of the statutes is amended to read:

SB21,743,12 49.857 (1) (d) 8. A license issued under s. 102.17 (1) (c), 104.07 or 105.05.

SB21,1856 Section 1856. 49.857 (1) (d) 20. of the statutes is amended to read:

SB21,743,15 49.857 (1) (d) 20. A license issued under s. 102.17 (1) (c), 628.04, 628.92 (1), 632.69 (2), or 633.14 or a temporary license issued under s. 628.09.

SB21,1857 Section 1857. 50.01 (1g) (i) of the statutes is created to read:

SB21,743,19 50.01 (1g) (i) A facility licensed as a foster home, group home, or residential care center for children and youth that provides care and maintenance for persons specified in s. 48.599 (1g) or 48.619.

SB21,1858 Section 1858. 50.034 (5m) of the statutes is amended to read:

SB21,744,3 50.034 (5m) Provision of information required. Subject to sub. (5p), when a residential care apartment complex first provides written material regarding the residential care apartment complex to a prospective resident, the residential care apartment complex shall also provide the prospective resident information specified by the department concerning the services of a resource center or other entity under s. 46.283, the family care benefit under s. 46.286, and the availability of a functional screening and a financial and cost-sharing screening to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

SB21,1859 Section 1859. 50.034 (5n) (intro.) of the statutes is amended to read:

SB21,744,11 50.034 (5n) Required referral. (intro.) Subject to sub. (5p), when a residential care apartment complex 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 or other entity under s. 46.283, unless any of the following applies:

SB21,1860 Section 1860. 50.034 (5n) (a) of the statutes is amended to read:

SB21,744,16 50.034 (5n) (a) For a person 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 screening under s. 46.283 (4) (g) (3) (o).

SB21,1861 Section 1861. 50.034 (5n) (d) of the statutes is amended to read:

SB21,744,23 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 and cost-sharing screening under s. 46.283 (4) (g) (3) (o), the referral under this subsection may not include performance of a financial and cost-sharing screening under s. 46.283 (4) (g) (3) (o), unless the person is expected to become eligible for medical assistance within 6 months.

SB21,1862 Section 1862. 50.034 (5p) of the statutes is amended to read: