49.015(2)
(2) Recipients of other aid. Except as provided in
sub. (3), an individual is not eligible for relief for a month in which the individual has received aid to families with dependent children under
s. 49.19 or supplemental security income under
42 USC 1381 to
1383c or has participated in a Wisconsin works employment position under
s. 49.147 (3) to
(5) or in which aid to families with dependent children, supplemental security income benefits or a Wisconsin works employment position is immediately available to the individual.
49.015(2m)
(2m) Ineligibility due to medical assistance divestment. Any person found ineligible for medical assistance because of the divestment provisions under
s. 49.453 is ineligible for relief funded by a relief block grant for the same period during which ineligibility exists under
s. 49.453.
49.015(3)
(3) Waiver of certain eligibility requirements. 49.015(3)(a)(a) A relief agency may waive the requirement under
sub. (1) (a) for an individual receiving health care services from a trauma center that meets the criteria established by the American College of Surgeons for classification as a Level I trauma center. If the county waives the requirement under
sub. (1) (a) for an individual, the county may seek reimbursement from the individual's county of residence if that county operates a program funded by a relief block grant.
49.015(3)(b)
(b) A relief agency may waive the requirement under
sub. (2) or
(2m) in case of unusual misfortune or hardship. Each waiver shall be reported to the department. The department may make a determination as to the appropriateness of the waiver under rules promulgated by the department under
s. 49.02 (7m) (d).
49.015 Annotation
States may deny benefits to those who fail to prove they did not quit job in order to obtain benefits. Lavine v. Milne,
424 U.S. 577 (1976).
49.015 Annotation
Constitutional law: residency requirements. 53 MLR 439.
49.02
49.02
Relief block grant administration. 49.02(1)
(1)
Eligibility for relief block grants. A county or tribal governing body is eligible to receive a relief block grant if all of the following conditions are met:
49.02(1)(a)
(a) The county board or tribal governing body adopts a resolution applying for a relief block grant.
49.02(1)(b)
(b) The county or tribal governing body establishes written criteria to be used to determine dependency and reviews these written criteria at least annually.
49.02(1)(c)
(c) The county or tribal governing body submits to the department a plan for the provision of services to be funded by the relief block grant. The plan shall include all of the following:
49.02(1)(c)1.
1. How the county or tribal governing body will determine eligibility and how these eligibility determinations may be appealed. The procedures for determining eligibility and for notice, fair hearing and review shall be consistent with rules promulgated by the department under
sub. (7m).
49.02(1)(c)2.
2. How the county or tribal governing body will determine which health care services are needed by a dependent person.
49.02(1)(c)3.
3. The cost containment mechanisms that will be used, including what limitations will be placed on the inappropriate use of emergency room care and what limitations will be placed on payments to providers contracted for under
sub. (2).
49.02(1)(c)4.
4. In the case of a county submitting a plan for a relief block grant under
s. 49.027, whether the county will provide services other than health care services and, if such services are offered, how the county will determine what services will be provided to a dependent person.
49.02(1)(d)
(d) The department has approved the plan under
par. (c). The department shall approve or disapprove the plan within a reasonable period of time after the plan is submitted.
49.02(1e)
(1e) Relief agencies. If a county or tribal governing agency is eligible to receive a relief block grant, the county or tribal governing body shall establish or designate a relief agency to administer relief under this section.
49.02(2)
(2) Contracting with private health care providers. A relief agency may use a relief block grant to provide health care services directly or, if the conditions in this subsection are met, by contracting with private health care providers, or by a combination of contracting with private health care providers and providing services directly. A relief agency may contract with a private health care provider to provide health care services under this subsection only if all of the following conditions are met:
49.02(2)(a)
(a) The relief agency enters into a contract with the private health care provider to provide specified health care services.
49.02(2)(b)
(b) The contract between the relief agency and the private health care provider provides that all records of the health care provider relating to the administration and provision of the health care services shall be open to inspection at all reasonable hours by authorized representatives of the county and the department.
49.02(2)(c)
(c) The contract between the relief agency and the private health care provider provides that any payments under
s. 49.45 (6y) and
(6z) made to the health care provider shall be used to offset the liability of the relief agency for the costs of the health care services provided under the contract.
49.02(2)(d)
(d) The contract limits payment for services under the contract to the amount payable by medical assistance for care for which a medical assistance rate exists.
49.02(2)(e)
(e) The contract does not provide for payment for hospitalization or care provided as uncompensated services required under
42 USC 291c.
49.02(2)(f)
(f) The contract prohibits the health care provider from holding an individual recipient of health care services funded under this section liable for the difference between the costs of the health care services and the amount paid to the health care provider by the county for the services.
49.02(5)
(5) Liability for health care services. 49.02(5)(b)(b) A relief agency is not liable for health care services provided to a dependent person if the hospital provides the health care services to the person as uncompensated services required under
42 USC 291c.
49.02(5)(bm)
(bm) A relief agency shall limit its liability for health care services funded by a relief block grant to the amount payable by medical assistance under
subch. IV for care for which a medical assistance rate exists.
49.02(6g)
(6g) Liability of recipients. No individual who receives health care services funded by a relief block grant may be liable for the difference between the costs of the services charged by the health care provider and the amount paid by the relief agency.
49.02(7)
(7) Notification requirement. Whenever the department or a relief agency has reason to believe that a person receiving relief is engaging in conduct or behavior prohibited in
ch. 944 or
ss. 940.225,
948.02,
948.025 or
948.06 to
948.11 the department or relief agency shall promptly notify the law enforcement officials of the county thereof, including facts relating to such person's alleged misconduct or illegal behavior.
49.02(7m)
(7m) Rules. The department shall promulgate rules regarding use of relief block grants. The rules shall include all of the following:
49.02(7m)(a)
(a) Procedures that relief agencies shall follow in making eligibility determinations.
49.02(7m)(b)
(b) Procedures for appealing eligibility determinations under
s. 49.015. These procedures shall provide for notice, fair hearing and review.
49.02(7m)(c)
(c) Procedures that relief agencies shall follow to obtain relief block grants under
sub. (1).
49.02(11)
(11) Department of transportation records. A relief agency may use vehicle registration information from the department of transportation in determining eligibility for relief.
49.02 Cross-reference
Cross Reference: See also chs.
HFS 250 and
251, Wis. adm. code.
49.025
49.025
Relief block grants to counties with a population of 500,000 or more; medical relief. 49.025(1)
(1)
Applicability. This section applies only to a county having a population of 500,000 or more.
49.025(2)(a)(a) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with
s. 49.031, from the appropriation under
s. 20.435 (4) (bt), an amount for that year determined as follows:
49.025(2)(a)1.
1. The department shall determine the lesser of the following:
49.025(2)(a)1.a.
a. For 1996, $17,600,000, and for each year thereafter, $16,600,000.
49.025(2)(a)1.b.
b. For any year, 45% of the total amount expended by the county in that year as relief for health care services provided to dependent persons, including the amount transferred to the appropriation account under
s. 20.435 (4) (h) in that year and the amount estimated to be received from the federal government as a match to the funds expended from the appropriation account under
s. 20.435 (4) (h).
49.025(2)(a)2.
2. The department shall subtract from the amount determined under
subd. 1. amounts paid to hospitals in that county under
s. 49.45 (6y) and
(6z) in that year. If the amount determined under this subdivision is less than zero, the amount of the relief block grant is $0.
49.025(2)(b)
(b) In calculating the total amount expended by the county under
par. (a), the department may exclude any amount expended as a result of a waiver determined to be inappropriate under rules promulgated by the department under
s. 49.02 (7m) (d).
49.025(3)
(3) Use of relief block grant funds. A county may use moneys received as a relief block grant only for the purpose of providing health care services to dependent persons.
49.025 History
History: 1995 a. 27;
1997 a. 27,
35;
1999 a. 9.
49.027
49.027
Relief block grants to counties having a population of less than 500,000; medical and nonmedical relief. 49.027(1)(1) A
pplicability. This section applies only to a county having a population of less than 500,000.
49.027(2)(a)(a) If a county is eligible to receive a relief block grant in a year, the department shall pay to the county, in accordance with
s. 49.031 and subject to
par. (c), from the appropriation under
s. 20.435 (4) (bt), an amount for that year determined as follows:
49.027(2)(a)2.
2. The department shall calculate the sum of the following:
49.027(2)(a)2.a.
a. For any year, 50% of the total costs incurred by the county for health care services provided to dependent persons as relief in that year.
49.027(2)(a)2.b.
b. For any year, 40% of the total costs incurred by the county for cash benefits, and for services other than health care services, provided to dependent persons as relief in that year.
49.027(2)(a)4.
4. From the amount determined under
subd. 2., the department shall subtract amounts paid to hospitals in that county under
s. 49.45 (6y) and
(6z) for that calendar year.
49.027(2)(b)
(b) In calculating the total costs incurred by the county under
par. (a) 2., the department may exclude any amount expended as relief by the county in that year as a result of a waiver determined by the department to be inappropriate under rules promulgated by the department under
s. 49.02 (7m) (d).
49.027(2)(c)
(c) If sufficient funds are not available to pay all of the relief block grants calculated under
par. (a), the department shall prorate the available funds among the eligible counties in proportion to the amounts calculated under
par. (a).
49.027(3)
(3) Use of relief block grant funds. A county may use moneys received as a relief block grant to provide services only as follows:
49.027(3)(a)
(a) To provide health care services to dependent persons.
49.027(3)(b)
(b) If the county provides health care services to dependent persons, to provide cash benefits, or services other than health care services, to dependent persons.
49.027(4)
(4) Work component. If a county provides cash benefits, or services other than health care services, as relief, the county may include a work component as part of its relief program funded under this section. If a county includes a work component under this subsection, the county may require a dependent person to participate in the work component as a condition for receiving cash benefits, or services other than health care services.
49.029
49.029
Block grants to tribal governing bodies; medical relief. 49.029(1)(1) A
pplicability. This section applies only to tribal governing bodies.
49.029(2)
(2) Amount and distribution of relief block grant. From the appropriation under
s. 20.435 (4) (kb), the department shall distribute a relief block grant to each eligible tribal governing body in an amount and in a manner determined in accordance with rules promulgated by the department. The department shall promulgate the rules after consulting with all tribal governing bodies eligible for a relief block grant. In promulgating rules under this section, the department shall consider each tribe's economic circumstances and need for health care services.
49.029(3)
(3) Use of relief block grant funds. A tribal governing body may use moneys received as a relief block grant only for the purpose of providing health care services to dependent persons. Notwithstanding
s. 49.01 (2g), health care services may include treatment services for alcohol and other drug abuse.
49.029 Cross-reference
Cross Reference: See also ch.
HFS 250, Wis. adm. code.
49.031
49.031
Payment of relief block grants to counties. 49.031(1)(1)
Filing of relief block grant report. Each county that is eligible for a relief block grant under
s. 49.02 (1) in a year shall prepare a report, in accordance with rules promulgated by the department under
s. 49.02 (7m) (c), detailing the costs incurred for relief provided to dependent persons in that year. The report shall be filed with the department by March 1 of the year immediately following the year in which the costs were incurred.
49.031(2)
(2) Deadline for payment of relief block grants. The department shall pay a relief block grant to each eligible county by July 31 of the year immediately following the year for which the relief block grant is made or within 30 days after the effective date of the act that provides funding, for that year, for the appropriation from which relief block grant moneys are paid, whichever is later.
49.031 History
History: 1995 a. 27.
49.08
49.08
Recovery of relief and other assistance. If any person is the owner of property at the time of receiving general relief under ch.
49, 1993 stats., relief funded by a relief block grant or other assistance as an inmate of any county or municipal institution in which the state is not chargeable with all or a part of the inmate's maintenance or as a tuberculosis patient provided for in
ss. 252.07 to
252.10, or at any time thereafter, or if the person becomes self-supporting, the authorities charged with the care of the dependent, or the board in charge of the institution, may sue for the value of the relief or other assistance from the person or the person's estate. Except as otherwise provided in this section, the 10-year statute of limitations may be pleaded in defense in an action to recover relief or other assistance. Where the recipient of relief or other assistance is deceased, a claim may be filed against the decedent's estate and the statute of limitations specified in
s. 859.02 shall be exclusively applicable. The court may refuse to render judgment or allow the claim in any case where a parent, spouse, surviving spouse or child is dependent on the property for support. The court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records kept by the municipality, county or institution are prima facie evidence of the value of the relief or other assistance furnished.
49.08 Annotation
A dependent of a relief applicant incurs no liability to repay any portion of relief granted under the application. Claims against the recipient's estate are not limited to recovery of relief granted less than 10 years prior to death. In re Estate of Bundy,
81 Wis. 2d 32,
259 N.W.2d 701 (1977).
ECONOMIC SUPPORT AND WORK PROGRAMS
49.11
49.11
Definitions. In this subchapter:
49.11(1)
(1) "Department" means the department of workforce development.
49.11(2)
(2) "Secretary" means the secretary of workforce development.
49.11 History
History: 1995 a. 27 ss.
2770,
9130 (4);
1997 a. 3.
49.114
49.114
Contract powers of the department. 49.114(1)(1)
Religious organizations; legislative purpose. The purpose of this section is to allow the department to contract with, or award grants to, religious organizations, under any program administered by the department, on the same basis as any other nongovernmental provider without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under such program.
49.114(2)
(2) Nondiscrimination against religious organizations. If the department is authorized under
ch. 16 to contract with a nongovernmental entity, or is authorized to award grants to a nongovernmental entity, religious organizations are eligible, on the same basis as any other private organization, as contractors under any program administered by the department so long as the programs are implemented consistent with the
First Amendment of the U.S. Constitution and
article I, section 18, of the Wisconsin Constitution. Except as provided in
sub. (10), the department may not discriminate against an organization that is or applies to be a contractor on the basis that the organization has a religious character.
49.114(3)
(3) Religious character and freedom. 49.114(3)(a)(a) The department shall allow a religious organization with which the department contracts or to which the department awards a grant to retain its independence from state and local governments, including the organization's control over the definition, development, practice and expression of its religious beliefs.
