SB21,1806 15Section 1806. 49.453 (4c) (b) 2. of the statutes is created to read:
SB21,731,2216 49.453 (4c) (b) 2. The value of a promissory note purchased or entered into on
17or after the effective date of this subdivision .... [LRB inserts date], that does not
18satisfy the requirements under par. (am) 1. and 2. is the outstanding balance due on
19the date that the individual applies for Medical Assistance for nursing facility
20services or other long-term care services described in sub. (2) or on the date that the
21individual's eligibility for Medical Assistance for nursing facility services or other
22long-term care services described in sub. (2) is redetermined.
SB21,1807 23Section 1807. 49.46 (2) (b) 12t. of the statutes is created to read:
SB21,732,3
149.46 (2) (b) 12t. Subject to the limitations under s. 49.45 (30x), licensed
2midwife services provided by a certified professional midwife licensed under s.
3440.982.
SB21,1808 4Section 1808. 49.46 (2) (b) 14m. of the statutes is created to read:
SB21,732,75 49.46 (2) (b) 14m. Subject to par. (bt), substance abuse treatment services
6provided by a medically monitored treatment service or a transitional residential
7treatment service.
SB21,1809 8Section 1809. 49.46 (2) (bt) of the statutes is created to read:
SB21,732,139 49.46 (2) (bt) 1. For the purposes of par. (b) 14m., a "medically monitored
10treatment service" is a 24-hour, community-based service providing observation,
11monitoring, and treatment by a multidisciplinary team under supervision of a
12physician, with a minimum of 12 hours of counseling provided per week for each
13patient.
SB21,732,1714 2. For the purposes of par. (b) 14m., a "transitional residential treatment
15service" is a clinically supervised, peer-supported, therapeutic environment with
16clinical involvement providing substance abuse treatment in the form of counseling
17for 3 to 11 hours provided per week for each patient.
SB21,732,2118 3. If approval by the federal department of health and human services of a state
19plan amendment or waiver request is necessary for federal reimbursement of the
20services under par. (b) 14m., the department is not required to pay for services
21described in par. (b) 14m. if the department does not receive the necessary approval.
SB21,1810 22Section 1810. 49.471 (8) (d) 1. a. of the statutes is amended to read:
SB21,732,2423 49.471 (8) (d) 1. a. A pregnant woman, except as provided in pars. par. (cr) 1.
24c. and (fm) 4.
SB21,1811 25Section 1811. 49.471 (8) (f) of the statutes is repealed.
SB21,1812
1Section 1812. 49.471 (8) (fm) of the statutes is repealed.
SB21,1813 2Section 1813. 49.471 (8) (g) of the statutes is repealed.
SB21,1814 3Section 1814. 49.472 (5) of the statutes is amended to read:
SB21,733,74 49.472 (5) Community options participants. From the appropriation under s.
520.435 (7) (4) (bd), the department may pay all or a portion of the monthly premium
6calculated under sub. (4) (a) for an individual who is a participant in the community
7options program under s. 46.27 (11).
SB21,1815 8Section 1815. 49.475 (1) (e) 2. of the statutes is amended to read:
SB21,733,109 49.475 (1) (e) 2. An enrollee of the family care program, as defined in s. 46.2805
10(4m)
.
SB21,1816 11Section 1816. 49.496 (1) (bk) 2. of the statutes is repealed.
SB21,1817 12Section 1817. 49.682 (title) of the statutes is amended to read:
SB21,733,13 1349.682 (title) Recovery from estates; disease aids and funeral expenses.
SB21,1818 14Section 1818. 49.682 (1) (a) of the statutes is amended to read:
SB21,733,1715 49.682 (1) (a) "Client" means a person who receives or received aid under s.
1649.68, 49.683, or 49.685 or a person on whose behalf funeral, burial, or cemetery
17expenses aid was provided under s. 49.785
.
SB21,1819 18Section 1819. 49.682 (1) (d) of the statutes is amended to read:
SB21,733,2219 49.682 (1) (d) "Nonclient surviving spouse" means any person who was married
20to a client while the client was receiving or when the client received services or aid
21for which the cost may be recovered under sub. (2) (a) or (am) and who survived the
22client.
SB21,1820 23Section 1820. 49.682 (2) (am) of the statutes is created to read:
SB21,734,3
149.682 (2) (am) The department shall file a claim against the estate of a client,
2and against the estate of a nonclient surviving spouse, for the amount of aid under
3s. 49.785 paid to or on behalf of the client.
SB21,1821 4Section 1821. 49.682 (2) (bm) 1. of the statutes is amended to read:
SB21,734,75 49.682 (2) (bm) 1. Property that is subject to the department's claim under par.
6(a) or (am) in the estate of a client or in the estate of a nonclient surviving spouse is
7all property of a decedent that is included in the estate.
SB21,1822 8Section 1822. 49.682 (2) (bm) 2. of the statutes is amended to read:
SB21,734,139 49.682 (2) (bm) 2. There is a presumption, consistent with s. 766.31, which may
10be rebutted, that all property in the estate of the nonclient surviving spouse was
11marital property held with the client and that 100 percent of the property in the
12estate of the nonclient surviving spouse is subject to the department's claim under
13par. (a) or (am).
SB21,1823 14Section 1823. 49.682 (2) (c) (intro.) of the statutes is amended to read:
SB21,734,1815 49.682 (2) (c) (intro.) The court shall reduce the amount of a claim under par.
16(a) or (am) by up to the amount specified in s. 861.33 (2) if necessary to allow the
17decedent's heirs or the beneficiaries of the decedent's will to retain the following
18personal property:
SB21,1824 19Section 1824. 49.682 (3) of the statutes is amended to read:
SB21,734,2520 49.682 (3) The department shall administer the program under this section
21and may contract with an entity to administer all or a portion of the program,
22including gathering and providing the department with information needed to
23recover payment of aid provided under s. 49.68, 49.683, or 49.685, or 49.785. All
24funds received under this subsection, net of any amount claimed under s. 49.849 (5),
25shall be remitted for deposit in the general fund.
SB21,1825
1Section 1825. 49.682 (4) (a) of the statutes is amended to read:
SB21,735,52 49.682 (4) (a) The department may recover amounts under this section for the
3provision of aid provided under s. 49.68, 49.683, or 49.685 paid on and after
4September 1, 1995, and for the provision of aid provided under s. 49.785 paid on or
5after the effective date of this paragraph .... [LRB inserts date]
.
SB21,1826 6Section 1826. 49.682 (4) (b) of the statutes is amended to read:
SB21,735,107 49.682 (4) (b) The department may file a claim under sub. (2) (a) only with
8respect to a client who dies after September 1, 1995. The department may file a claim
9under sub. (2) (am) only with respect to a client who dies after the effective date of
10this paragraph .... [LRB inserts date].
SB21,1827 11Section 1827. 49.682 (5) of the statutes is amended to read:
SB21,735,1712 49.682 (5) The department shall promulgate rules establishing standards for
13determining whether the application of this section with respect to a claim under
14sub. (1) (a)
would work an undue hardship in individual cases. If the department
15determines that the application of this section with respect to a claim under sub. (1)
16(a)
would work an undue hardship in a particular case, the department shall waive
17application of this section in that case.
SB21,1828 18Section 1828. 49.688 (2) (a) 6. of the statutes is created to read:
SB21,735,2219 49.688 (2) (a) 6. The person applies for and, if eligible, enrolls in Medicare
20under Part D of Title XVIII of the federal Social Security Act, 42 USC 1395w-101 to
211395w-153, if the secretary of the federal department of health and human services
22approves the condition on eligibility under this subdivision.
SB21,1829 23Section 1829. 49.688 (2) (b) of the statutes is amended to read:
SB21,736,524 49.688 (2) (b) A person to whom par. (a) 1. to 3. and, 5., and 6. applies, but whose
25annual household income, as determined by the department, exceeds 240% of the

1federal poverty line for a family the size of the persons' eligible family, is eligible to
2purchase a prescription drug at the amounts specified in sub. (5) (a) 4. only during
3the remaining amount of any 12-month period in which the person has first paid the
4annual deductible specified in sub. (3) (b) 2. a. in purchasing prescription drugs at
5the retail price and has then paid the annual deductible specified in sub. (3) (b) 2. b.
SB21,1830 6Section 1830. 49.78 (5) of the statutes is amended to read:
SB21,736,157 49.78 (5) Personnel examinations. Statewide examinations to ascertain
8qualifications of applicants in any county department administering aid to families
9with dependent children shall be given by the administrator of the division director
10of the bureau
of merit recruitment and selection in the office of state employment
11relations
department of administration. The office of state employment relations
12department of administration shall be reimbursed for actual expenditures incurred
13in the performance of its functions under this section from the appropriations
14available to the department of children and families for administrative
15expenditures.
SB21,1831 16Section 1831. 49.785 (1m) (d) of the statutes is created to read:
SB21,736,2117 49.785 (1m) (d) If the recipient, or the recipient's spouse or another person,
18owns a life insurance policy insuring the recipient's life and the face value of the
19policy is more than $3,000, any amount that the department would be obligated to
20pay under sub. (1) shall be reduced by one dollar for every dollar by which the face
21value of the policy exceeds $3,000.
SB21,1832 22Section 1832. 49.785 (2) of the statutes is created to read:
SB21,736,2523 49.785 (2) The department shall pursue recovery of any amounts paid under
24sub. (1) from the estate of the recipient and from the estate of any surviving spouse
25of the recipient as provided in s. 49.682.
SB21,1833
1Section 1833. 49.79 (9) (d) of the statutes is created to read:
SB21,737,62 49.79 (9) (d) 1. The department shall request from the secretary of the federal
3department of agriculture a waiver to permit the department to screen and, if
4indicated, test, as specified by the department in the waiver request, participants in
5an employment and training program under this subsection for illegal use of a
6controlled substance without presenting evidence of a valid prescription.
SB21,737,117 2. If a waiver under subd. 1. is granted and in effect, the department shall
8screen and, if indicated, test, in a manner approved in the waiver granted by the
9secretary of the federal department of agriculture, participants in an employment
10and training program under this subsection for illegal use of a controlled substance
11without presenting evidence of a valid prescription.
SB21,1834 12Section 1834. 49.849 (1) (c) of the statutes is amended to read:
SB21,737,1513 49.849 (1) (c) "Nonrecipient surviving spouse" means any person who was
14married to a recipient while the recipient was receiving or when the recipient
15received
public assistance and who survived the recipient.
SB21,1835 16Section 1835. 49.849 (1) (e) of the statutes is amended to read:
SB21,737,2017 49.849 (1) (e) "Public assistance" means any services provided as a benefit
18under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance
19under subch. IV, long-term community support services funded under s. 46.27 (7),
20or aid under s. 49.68, 49.683, or 49.685, or 49.785.
SB21,1836 21Section 1836. 49.849 (2) (a) (intro.) of the statutes is amended to read:
SB21,738,322 49.849 (2) (a) (intro.) Subject to par. (b), the department may collect from the
23property of a decedent by affidavit under sub. (3) (b) or by lien under sub. (4) (a) an
24amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), the
25long-term community support services under s. 46.27 that is recoverable under s.

146.27 (7g) (c) 1., or the aid under s. 49.68, 49.683, or, 49.685, or 49.785 that is
2recoverable under s. 49.682 (2) (a) or (am), and that was paid on behalf of the
3decedent or the decedent's spouse, if all of the following conditions are satisfied:
SB21,1837 4Section 1837. 49.849 (2) (a) 1. of the statutes is amended to read:
SB21,738,75 49.849 (2) (a) 1. The decedent died after September 30, 1991, or for the recovery
6of aid under s. 49.785 the decedent died after the effective date of this subdivision
7.... [LRB inserts date]
.
SB21,1838 8Section 1838. 49.849 (2) (a) 2. of the statutes is amended to read:
SB21,738,119 49.849 (2) (a) 2. The decedent is not survived by a spouse, a child who is under
10age 21, or a child who is disabled, as defined in s. 49.468 (1) (a) 1. This subdivision
11does not apply for the recovery of aid under s. 49.785.
SB21,1839 12Section 1839. 49.849 (3) (b) of the statutes is amended to read:
SB21,738,1913 49.849 (3) (b) A person who possesses or receives property of a decedent shall
14transmit the property to the department, if the conditions in sub. (2) (a) 1. and, if
15applicable, sub. (2) (a)
2. are satisfied, upon receipt of an affidavit by a person
16designated by the secretary of health services to administer this section showing that
17the department paid on behalf of the decedent or the decedent's spouse recoverable
18benefits specified in sub. (2) (a). Upon transmittal, the person is released from any
19obligation to other creditors or heirs of the decedent.
SB21,1840 20Section 1840. 49.849 (3) (c) 5. of the statutes is amended to read:
SB21,738,2321 49.849 (3) (c) 5. That the person may request from the department a hardship
22waiver, if the person co-owned the property with the decedent or is a beneficiary of
23the property. This subdivision does not apply for the recovery of aid under s. 49.785.
SB21,1841 24Section 1841. 49.849 (3) (c) 6. of the statutes is amended to read:
SB21,739,2
149.849 (3) (c) 6. How to request a hardship waiver under subd. 5. This
2subdivision does not apply for the recovery of aid under s. 49.785.
SB21,1842 3Section 1842. 49.849 (4) (b) (intro.) of the statutes is amended to read:
SB21,739,64 49.849 (4) (b) (intro.) The Except as provided in par. (bm), the department may
5enforce a lien under par. (a) by foreclosure in the same manner as a mortgage on real
6property, unless any of the following is alive:
SB21,1843 7Section 1843. 49.849 (4) (bm) of the statutes is created to read:
SB21,739,118 49.849 (4) (bm) The department may enforce a lien under par. (a) for the
9recovery of aid under s. 49.785 by foreclosure in the same manner as a mortgage on
10real property regardless of whether the decedent's spouse or any child of the decedent
11is alive.
SB21,1844 12Section 1844. 49.849 (6) (b) of the statutes is amended to read:
SB21,739,1813 49.849 (6) (b) From the appropriation under s. 20.435 (7) (4) (im), with respect
14to funds collected by the department under sub. (2) related to long-term community
15support services funded under s. 46.27 (7) paid on behalf of the decedent or the
16decedent's spouse, the department shall pay claims under sub. (5) and shall spend
17the remainder of the funds recovered under this section for long-term community
18support services funded under s. 46.27 (7).
SB21,1845 19Section 1845. 49.849 (7) of the statutes is amended to read:
SB21,739,2520 49.849 (7) Rules for hardship waiver. The department shall promulgate rules
21establishing standards to determine whether the application of this section would
22work an undue hardship in individual cases. If the department determines that the
23application of this section would work an undue hardship in a particular case, the
24department shall waive the application of this section in that case. This subsection
25does not apply with respect to the recovery of aid under s. 49.785.
SB21,1846
1Section 1846. 49.85 (1) of the statutes is amended to read:
SB21,740,122 49.85 (1) Department notification requirement. If a county department under
3s. 46.215, 46.22, or 46.23 or a governing body of a federally recognized American
4Indian tribe or band determines that the department of health services may recover
5an amount under s. 49.497, 49.793, or 49.847, or that the department of children and
6families may recover an amount under s. 49.138 (5), 49.161, or 49.195 (3) or collect
7an amount under s. 49.147 (6) (cm), the county department or governing body shall
8notify the affected department of the determination. If a Wisconsin Works agency
9determines that the department of children and families may recover an amount
10under s. 49.138 (5), 49.161, or 49.195 (3), or collect an amount under s. 49.147 (6) (cm),
11the Wisconsin Works agency shall notify the department of children and families of
12the determination.
SB21,1847 13Section 1847. 49.85 (2) (b) of the statutes is amended to read:
SB21,740,2214 49.85 (2) (b) At least annually, the department of children and families shall
15certify to the department of revenue the amounts that, based on the notifications
16received under sub. (1) and on other information received by the department of
17children and families, the department of children and families has determined that
18it may recover under ss. 49.138 (5), 49.161, and 49.195 (3) and collect under s. 49.147
19(6) (cm), except that the department of children and families may not certify an
20amount under this subsection unless it has met the notice requirements under sub.
21(3) and unless its determination has either not been appealed or is no longer under
22appeal.
SB21,1848 23Section 1848. 49.85 (3) (b) 1. of the statutes is amended to read:
SB21,741,324 49.85 (3) (b) 1. Inform the person that the department of children and families
25intends to certify to the department of revenue an amount that the department of

1children and families has determined to be due under s. 49.138 (5), 49.161, or 49.195
2(3) or to be delinquent under a repayment agreement for a loan under s. 49.147 (6),
3for setoff from any state tax refund that may be due the person.
SB21,1849 4Section 1849. 49.854 (5) (c) of the statutes is renumbered 49.854 (5) (c) 1. and
5amended to read:
SB21,741,126 49.854 (5) (c) 1. Notwithstanding par. (b), if a lien under par. (b) is in favor of
7another state, the notice sent by the department to the financial institution may
8consist of the request from the other state to enforce the lien, a certification by the
9department that any necessary due process requirements were met in the other
10state, a request that the financial institution honor the request from the other state
11by sending the amount specified in the request directly to the other state, and the
12address to which the financial institution shall send the funds.
SB21,741,14 133. Notice and hearing requirements under pars. (d) and (f) do not apply to a lien
14in favor of another state.
SB21,1850 15Section 1850. 49.854 (5) (c) 2. of the statutes is created to read:
Loading...
Loading...