49.726 History
History: 1971 c. 108 ss.
5,
6;
1971 c. 125 s.
523;
1985 a. 29;
1995 a. 27 s.
2836; Stats. 1995 s. 49.726.
49.729
49.729
County infirmaries; fees and expenses of proceedings. The fees of examining physicians, witnesses and guardians ad litem and other expenses of proceedings under
ss. 49.72 to
49.726 shall be governed by
s. 51.20 (18).
49.729 History
History: 1975 c. 430 s.
80;
1977 c. 428 s.
115;
1995 a. 27 s.
2837; Stats. 1995 s. 49.729.
49.73
49.73
Residential care institutions; establishment. 49.73(1)(1) Any county or combination of counties may establish and staff a county residential care institution for the reception and care of dependent persons which shall be governed by the county board. The institution shall be licensed under
s. 50.03 by the department before receiving or caring for any dependent person.
49.73(2)
(2) Residential care institutions may be established and staffed by private vendors for the reception and care of dependent persons. The institution shall be licensed under
s. 50.03 by the department before receiving or caring for any dependent persons.
49.73(3)
(3) Any county operated or private residential care facility not certifiable as a Title XIX facility shall be licensed and governed under
s. 50.03 by the department before receiving or caring for any dependent persons.
49.73(4)
(4) The cost of care of such patients shall be determined by multiplying the per day patient rate for such facility as determined by applying the formula under
s. 49.45 (6m) (ag), except that interest on capital expenditures which are reimbursable under
s. 51.91 shall be excluded, times the number of days of care of such patients in the time period being considered. Any amounts received by the facility from the patient or resident shall be deducted from the costs determined under this subsection. This section shall not be construed to require that as a condition of reimbursement any facility must meet any skilled or intermediate care standards established by the department.
49.73(6)
(6) The care, services and supplies provided under this section shall be a liability against the patient's county of residence.
49.74
49.74
Institutions subject to chapter 150. Any institution created under the authority of
s. 49.70,
49.71,
49.72 or
49.73 is subject to
ch. 150.
49.74 History
History: 1977 c. 29;
1995 a. 27 s.
2850; Stats. 1995 s. 49.74.
49.77
49.77
State supplemental payments. 49.77(1)
(1)
Definition. In this section "secretary" means the secretary of the U.S. department of health and human services or the secretary of any other federal agency subsequently charged with the administration of federal Title XVI.
49.77(2)(a)(a) The following persons who meet the resource limitations and the nonfinancial eligibility requirements of the federal supplemental security income program under
42 USC 1381 to
1383d are entitled to receive supplemental payments under this section:
49.77(2)(a)1.
1. Any needy person or couple residing in this state who, as of December 31, 1973, was receiving benefits under s.
49.18, 1971 stats., s.
49.20, 1971 stats., or s.
49.61, 1971 stats., as affected by
chapter 90, laws of 1973.
49.77(2)(a)2.
2. Any needy person or couple residing in this state and receiving benefits under federal Title XVI.
49.77(2)(a)3.
3. Any needy person or couple residing in this state whose income, after deducting income excludable under federal Title XVI, is less than the combined benefit level available under federal Title XVI and this section, if at least one of the following requirements are met:
49.77(2)(a)3.a.
a. The person or couple was eligible for a state supplement under this section based on the last federal eligibility determination prior to January 1, 1996, but was not eligible to receive a payment under federal Title XVI on that date.
49.77(2m)
(2m) Supplemental payment levels. The department may submit a proposal to change the amount of supplemental payments under this section to the secretary of administration. If the secretary of administration approves the proposal, he or she shall submit it to the joint committee on finance for approval, modification or disapproval. Joint committee on finance approval of a change in the amount of supplemental payments will be considered to be given, if within 14 calendar days after the secretary of administration files a proposal with the joint committee on finance, the committee has not scheduled a public hearing or executive session to review the proposal. Payment changes approved by the joint committee on finance are subject to the approval of the governor. Following action by the joint committee on finance, the governor shall have 10 days, not including Sundays, to communicate approval or disapproval in writing. If no action is taken by the governor within that time, the decision of the joint committee on finance shall take effect. The procedures under
s. 13.10 do not apply to this subsection.
49.77(3)
(3) Minimum supplemental payment in certain cases. The total monthly benefits received under this section and federal Title XVI by a person or couple described in
sub. (2) (a) 1. shall not be less than the total state cash assistance payment amount plus gross earned and unearned income, received by such person or couple for December of 1973.
49.77(3g)
(3g) Federal payments. If federal supplemental security income payments increase, the department may, with approval as provided under
sub. (2m), reduce payments under this section by all or part of the amount of the increase, subject to
42 USC 1382g.
49.77(3s)
(3s) Increased supplemental payment in certain cases. 49.77(3s)(a)(a) The department shall authorize the payment of an increased state supplement to a person receiving payments under this section who resides in a residential setting if the person needs at least 40 hours per month of supportive home care, daily living skills training or community support services.
49.77(3s)(b)1.1. If a person receiving payments under this section is a minor child residing with a parent, only services needed when the parent is away from the residence for purposes of employment count toward the 40-hour requirement in
par. (a).
49.77(3s)(b)2.
2. If a person receiving payments under this section resides with a spouse, only services needed either because the spouse is away from the residence for purposes of employment or because the spouse is physically or mentally unable to provide the care count toward the 40-hour requirement in
par. (a).
49.77(3s)(c)
(c) The department shall establish a uniform assessment process for determining eligibility under this subsection.
49.77(3s)(d)
(d) The amount payable under this subsection equals the amount of the state supplement under
sub. (2) (a) paid to persons living in nonmedical group homes.
49.77(4)
(4) Optional federal administration. 49.77(4)(a)(a) The department may enter into an agreement with the secretary under which the secretary will provide supplemental payments to all eligible persons on behalf of the state or any of its subdivisions. Under the agreement the department shall pay to the secretary an amount specified in accordance with agreed procedures. The department may make advance payments to the secretary if the agreement so provides.
49.77(4)(b)
(b) The department may enter into an agreement with the secretary under which the secretary may determine eligibility for medical assistance in the case of aged, blind or disabled individuals under the state plan approved under Title XIX of the social security act.
49.77(4)(c)
(c) Agreements made under this subsection or modifications to such agreements require prior approval or amendment by the joint committee on finance. Prior approval will be deemed to be given if within 21 calendar days following the department filing a proposed modification with the joint committee on finance, the committee has not scheduled a public hearing or executive session to review the proposed modification. Agreements or modifications to such agreements approved by the joint committee on finance shall be subject to the approval of the governor. Following action by the joint committee on finance, the governor shall have 10 days, not including Sundays, to communicate approval or disapproval in writing. If no action is taken by the governor within that time, the decision of the joint committee on finance shall take effect. The procedures under
s. 13.10 do not apply to this paragraph.
49.77(5)
(5) Income determination. In determining the amount of aid to be granted a person applying for supplemental payments under this section, income shall be disregarded to the extent allowed by federal regulations.
49.775
49.775
Payments for the support of children of supplemental security income recipients. 49.775(2)
(2) Supplemental payments. Subject to
sub. (3), the department shall make a monthly payment in the amount specified in
sub. (4) to a custodial parent for the support of each dependent child of the custodial parent if all of the following conditions are met:
49.775(2)(a)
(a) The custodial parent is a recipient of supplemental security income under
42 USC 1381 to
1383c or of state supplemental payments under
s. 49.77, or both.
49.775(2)(b)
(b) If the dependent child has 2 custodial parents, each custodial parent receives supplemental security income under
42 USC 1381 to
1383c or state supplemental payments under
s. 49.77, or both.
49.775(2)(bm)
(bm) The custodial parent assigns to the state any right of the custodial parent or of the dependent child to support from any other person. No amount of support that begins to accrue after the individual ceases to receive payments under this section may be considered assigned to the state. Any money received by the department of workforce development under an assignment to the state under this paragraph shall be paid to the custodial parent.
49.775(2)(c)
(c) The dependent child of the custodian parent meets the eligibility criteria under the aid to families with dependent children program under
s. 49.19 (1) to
(19) or would meet the eligibility criteria under
s. 49.19 but for the application of
s. 49.19 (20).
49.775(2)(e)
(e) The custodial parent meets any of the following conditions:
49.775(2)(e)1.
1. The custodial parent is ineligible for aid under
s. 49.19 solely because he or she receives supplemental security income under
42 USC 1381 to
1383c or state supplemental payments under
s. 49.77.
49.775(3)
(3) Two-parent families. In the case of a dependent child who has 2 custodial parents, the department may not make more than one payment under
sub. (2) per month for the support of that dependent child.
49.775(4)
(4) Payment amount. The payment under
sub. (2) is $100 per month per dependent child.
49.775 History
History: 1997 a. 27,
237.
GENERAL PROVISIONS
49.81
49.81
Public assistance recipients' bill of rights. The department of health and family services, the department of workforce development and all public assistance and relief-granting agencies shall respect rights for recipients of public assistance. The rights shall include all rights guaranteed by the
U.S. constitution and the constitution of this state, and in addition shall include:
49.81(1)
(1) The right to be treated with respect by state agents.
49.81(2)
(2) The right to confidentiality of agency records and files on the recipient. Nothing in this subsection shall prohibit the use of such records for auditing or accounting purposes or, to the extent permitted under federal law, for the purposes of locating persons, or the assets of persons, who have failed to file tax returns, who have underreported their taxable income or who are delinquent taxpayers, identifying fraudulent tax returns or providing information for tax-related prosecutions.
49.81(3)
(3) The right to access to agency records and files relating to the recipient, except that the agency may withhold information obtained under a promise of confidentiality.
49.81(4)
(4) The right to a speedy determination of the recipient's status or eligibility for public assistance, to notice of any proposed change in such status or eligibility, and, in the case of assistance granted under
s. 49.19,
49.46,
49.468 or
49.47, to a speedy appeals process for resolving contested determinations.
49.82
49.82
Administration of public assistance programs. 49.82(1)(1)
Departments to advise counties. The department of health and family services and the department of workforce development shall advise all county officers charged with the administration of requirements relating to public assistance programs under this chapter and shall render all possible assistance in securing compliance therewith, including the preparation of necessary blanks and reports. The department of health and family services and the department of workforce development shall also publish such information as it deems advisable to acquaint persons entitled to public assistance and the public generally with the laws governing public assistance under this chapter.
49.82(2)
(2) Eligibility verification. Proof shall be provided for each person included in an application for public assistance under this chapter, except for a child who is eligible for medical assistance under
s. 49.46 or
49.47 because of
42 USC 1396a (e) (4), of his or her social security number or that an application for a social security number has been made.
49.83
49.83
Limitation on giving information. Except as provided under
s. 49.32 (9),
(10) and
(10m), no person may use or disclose information concerning applicants and recipients of relief funded by a relief block grant, aid to families with dependent children, Wisconsin works under
ss. 49.141 to
49.161, social services, child and spousal support and establishment of paternity services under
s. 49.22 or supplemental payments under
s. 49.77 for any purpose not connected with the administration of the programs. Any person violating this section may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.
49.83 History
History: 1995 a. 27 ss.
3142,
3144; Stats. 1995 s. 49.83;
1995 a. 289,
361,
404;
1997 a. 35.
49.84
49.84
Verification of public assistance applications. 49.84(1)(1) Any person who applies for any public assistance shall execute the application or self-declaration in the presence of the welfare worker or other person processing the application. This subsection does not apply to any superintendent of a mental health institute, director of a center for the developmentally disabled, superintendent of a state treatment facility or superintendent of a state correctional facility who applies for public assistance on behalf of a patient.
49.84(2)
(2) At the time of application, the agency administering the public assistance program shall apply to the department of health and family services for a certified copy of a birth certificate for the applicant if the applicant is required to provide a birth certificate or social security number as part of the application and for any person in the applicant's household who is required to provide a birth certificate or social security number. The department of health and family services shall provide without charge any copy for which application is made under this subsection.
49.84(3)
(3) Notwithstanding
subs. (1) and
(2), personal identification documentation requirements may be waived for 10 days for an applicant for relief funded by a relief block grant, if the applicant agrees to cooperate with the relief agency by providing information necessary to obtain proper identification.
49.84(4)
(4) Notwithstanding
sub. (2), the relief agency receiving an application under
sub. (3) shall pay on behalf of any applicant under
sub. (3) fees required for the applicant to obtain proper identification.
49.84(5)
(5) A person applying for Wisconsin works under
ss. 49.141 to
49.161, aid to families with dependent children under
s. 49.19, medical assistance under
subch. IV or food stamp program benefits under
7 USC 2011 to
2029 shall, as a condition of eligibility, provide a declaration and other verification of citizenship or satisfactory immigration status as required by the department by rule or as required in
42 USC 1320b-7 (d).
49.85
49.85
Certification of certain public assistance overpayments. 49.85(1)(1)
County department notification requirement. If a county department under
s. 46.215,
46.22 or
46.23, a governing body of a federally recognized American Indian tribe or band or a Wisconsin works agency determines that the department of health and family services may recover an amount under
s. 49.497 or that the department of workforce development may recover an amount under
s. 49.125,
49.161 or
49.195 (3), the county department or governing body shall notify the affected department of the determination.
49.85(2)(a)(a) At least annually, the department of health and family services 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 health and family services, the department of health and family services has determined that it may recover under
s. 49.497, except that the department of health and family services 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.
49.85(2)(b)
(b) At least annually, the department of workforce development 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 workforce development, the department of workforce development has determined that it may recover under
ss. 49.125,
49.161 and
49.195 (3), except that the department of workforce development 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.
49.85(3)(a)(a) At least 30 days before certification of an amount, the department of health and family services shall send a notice to the last-known address of the person from whom that department intends to recover the amount. The notice shall do all of the following:
49.85(3)(a)1.
1. Inform the person that the department of health and family services intends to certify to the department of revenue an amount that the department of health and family services has determined to be due under
s. 49.497, for setoff from any state tax refund that may be due the person.
49.85(3)(a)2.
2. Inform the person that he or she may appeal the determination of the department of health and family services to certify the amount by requesting a hearing under
sub. (4) within 30 days after the date of the letter and inform the person of the manner in which he or she may request a hearing.
49.85(3)(a)3.
3. Inform the person that, if the determination of the department of health and family services is appealed, that department will not certify the amount to the department of revenue while the determination of the department of health and family services is under appeal.
49.85(3)(a)4.
4. Inform the person that, unless a contested case hearing is requested to appeal the determination of the department of health and family services, the person may be precluded from challenging any subsequent setoff of the certified amount by the department of revenue, except on the grounds that the certified amount has been partially or fully paid or otherwise discharged, since the date of the notice.
49.85(3)(a)5.
5. Request that the person inform the department of health and family services if a bankruptcy stay is in effect with respect to the person or if the claim has been discharged in bankruptcy.
49.85(3)(a)6.
6. Inform the person that the person may need to contact the department of revenue in order to protect the refunds of spouses who are not liable for the claim.
49.85(3)(b)
(b) At least 30 days before certification of an amount, the department of workforce development shall send a notice to the last-known address of the person from whom that department intends to recover the amount. The notice shall do all of the following:
49.85(3)(b)1.
1. Inform the person that the department of workforce development intends to certify to the department of revenue an amount that the department of workforce development has determined to be due under
s. 49.125,
49.161 or
49.195 (3), for setoff from any state tax refund that may be due the person.
