253.01
253.01
Definition. In this chapter, "division" means the division within the department that has primary responsibility for health issues.
253.01 History
History: 1993 a. 27.
253.02
253.02
Department; powers and duties. 253.02(1)(a)
(a) "Children with special health care needs" means children who have health problems that require intervention beyond routine and basic care, including children with or at risk for disabilities, chronic illnesses and conditions, health-related educational problems and health-related behavioral problems.
253.02(1)(b)
(b) "Preventive health services for children" includes assessment and appropriate follow-up regarding a child's growth and development, immunization status, nutrition, vision and hearing.
253.02(2)
(2) The department shall maintain a maternal and child health program within the division, to promote the reproductive health of individuals and the growth, development, health and safety of infants, children and adolescents. The program shall include all of the following:
253.02(2)(a)
(a) Reproductive health services, including health services prior to conception and family planning services, as defined in
s. 253.07 (1) (b).
253.02(2)(b)
(b) Pregnancy-related services to pregnant women from the time of confirmation of the pregnancy through the maternal postpartum period, including pregnancy information, referral and follow-up, early identification of pregnancy and prenatal services.
253.02(2)(c)
(c) Infant and preschool health services to children from birth to 5 years of age, including neonatal health services, preventive health services for children and parent education and support services.
253.02(2)(d)
(d) Child and adolescent health services to promote the physical and psychosocial health of children and adolescents, including preventive health services for children, adolescent health services, teen pregnancy prevention services, alcohol and other drug abuse prevention and mental health-related services.
253.02(2)(e)
(e) General maternal and child health services, including health education, oral health, nutrition, childhood and adolescent injury prevention and family health benefits counseling.
253.02(2)(f)
(f) Health services to children with special health care needs.
253.02(2)(g)
(g) Maternal and child health system coordination services that promote coordination of public and private sector activities in areas of the maternal and child health program described in
pars. (a) to
(f).
253.02(2m)
(2m) Nothing in this section authorizes the performance, promotion, encouragement or counseling in favor of, or referral either directly or through an intermediary for, voluntary termination of pregnancy. Nothing in this section prohibits the providing of nondirective information explaining any of the following:
253.02(3)
(3) The department shall designate a subunit within the division to have responsibility for the maternal and child health program. The subunit shall be comprised of an adequate number of interdisciplinary professional staff with expertise in maternal and child health who will assume responsibility for all of the following:
253.02(3)(a)
(a) Planning, coordination, data collection and evaluation of the program.
253.02(3)(b)
(b) Providing consultation and technical assistance to local health professionals.
253.02(3)(c)
(c) Coordinating the program activities with related activities conducted under the authority of other state and federal agencies.
253.02 History
History: 1993 a. 27;
1997 a. 27,
164.
253.03
253.03
State plan; reports. The department shall prepare and submit to the proper federal authorities a state plan for maternal and child health services. The plan shall conform with all requirements governing federal aid for this purpose and shall be designed to secure for this state the maximum amount of federal aid which can be secured on the basis of the available state, county, and local appropriations. The department shall make such reports, in such form and containing such information, as may from time to time be required by the federal authorities and shall comply with all provisions that may be prescribed to assure the correctness and verification of the reports. The secretary may appoint a maternal and child health program advisory committee under
s. 15.04 (1) (c) to assist the department in meeting the requirements of this section.
253.03 History
History: 1993 a. 27 s.
369.
253.04
253.04
Private rights. No official, agent or representative of the department may, under this section, enter any home over the objection of the owner or take charge of any child over the objection of the parent or of the person standing in the place of a parent or having custody of the child. Nothing in this section may be construed to limit the power of a parent, guardian or person standing in the place of a parent to determine what treatment or correction shall be provided for a child or the agency to be employed for that purpose.
253.04 History
History: 1993 a. 27 s.
370.
253.05
253.05
Federal funds. The department shall use sufficient funds from the appropriation under
s. 20.435 (1) (a) for the promotion of the welfare and hygiene of maternity and infancy to match federal funds received by the state.
253.05 History
History: 1993 a. 27 s.
371.
253.06
253.06
State supplemental food program for women, infants and children. 253.06(1)(a)
(a) "Authorized food" means food identified by the department in accordance with
7 CFR 246.10 as acceptable for use under the federal special supplemental food program for women, infants and children under
42 USC 1786.
253.06(1)(b)
(b) "Authorized vendor" means a vendor that has been authorized by the department to accept drafts from participants and have the drafts redeemed by the department.
253.06(1)(c)
(c) "Draft" means the negotiable instrument distributed by the department for use by a participant to purchase authorized food.
253.06(1)(cm)
(cm) "Food distribution center" means an entity, other than a vendor, that is under contract with the department under
sub. (3m) to distribute authorized food to participants.
253.06(1)(d)
(d) "Participant" means a person who is eligible for services under this section and who receives services under this section.
253.06(1)(dm)
(dm) "Proxy" means a person who has been designated in writing by a participant or by the department to obtain and exchange drafts for authorized food on behalf of the participant.
253.06(1)(e)
(e) "Vendor" means a grocery store or pharmacy that sells authorized food.
253.06(1)(f)
(f) "Vendor stamp" means a rubber stamp provided to a vendor or food distribution center by the department for the purpose of validating drafts.
253.06(2)
(2) Use of funds. From the appropriation under
s. 20.435 (5) (em), the department shall supplement the provision of supplemental foods, nutrition education and other services, including nutritional counseling, to low-income women, infants and children who meet the eligibility criteria under the federal special supplemental food program for women, infants and children authorized under
42 USC 1786. To the extent that funds are available under this section and to the extent that funds are available under
42 USC 1786, the department shall provide the supplemental food, nutrition education and other services authorized under this section and shall administer that provision in every county. The department may enter into contracts for this purpose.
253.06(3)(a)(a) The department may authorize a vendor to accept drafts only if the vendor meets all of the following conditions:
253.06(3)(a)1.
1. The vendor submits to the department a completed application.
253.06(3)(a)2.
2. The vendor meets the minimum requirements for authorization, as established by the department by rule under
sub. (5) (a) 1.
253.06(3)(a)3.
3. The vendor does not have any outstanding fines, forfeitures, or recoupments, or costs, fees, and surcharges imposed under
ch. 814, that were levied against that vendor for a violation of this section or for a violation of rules promulgated under this section. This subdivision does not apply if the vendor has contested the fine, forfeiture, or recoupment, or costs, fees, and surcharges imposed under
ch. 814, and has not exhausted administrative or judicial review.
253.06(3)(a)4.
4. The vendor is fit and qualified, as determined by the department. In determining whether a vendor is fit and qualified, the department shall consider any relevant conviction of the vendor or any of the vendor's employees for civil or criminal violations substantially related to the operation of a grocery store or pharmacy.
253.06(3)(bg)
(bg) The department may limit the number of vendors that it authorizes under this subsection if the department determines that the number of vendors already authorized under this subsection is sufficient to permit participants to obtain authorized food conveniently.
253.06(3)(bm)
(bm) The department shall approve or deny initial authorization within 90 days after the receipt of a completed application. If the application is denied, the department shall give the applicant reasons, in writing, for the denial and shall inform the applicant of the right to appeal that decision under
sub. (6).
253.06(3)(c)
(c) The department may not redeem drafts submitted by a person who is not an authorized vendor except as provided in
sub. (3m).
253.06(3m)(a)(a) The department may contract for an alternative system of authorized food distribution with an entity other than a vendor only if the entity meets all of the following requirements:
253.06(3m)(a)2.
2. The entity does not have any outstanding fines, forfeitures, or recoupments, or costs, fees, and surcharges imposed under
ch. 814, that were levied against that entity for a violation of this section or for a violation of rules promulgated under this section. This subdivision does not apply if the entity has contested the fine, forfeiture, or recoupment, or costs, fees, and surcharges imposed under
ch. 814, and has not exhausted administrative or judicial review.
253.06(3m)(a)3.
3. The entity is fit and qualified, as determined by the department.
253.06(3m)(b)
(b) The department shall redeem valid drafts submitted by a food distribution center.
253.06(4)(a)1.
1. Accept drafts or submit drafts to the department for redemption without authorization.
253.06(4)(a)2.
2. Provide cash or commodities, other than authorized food, in exchange for drafts or in exchange for authorized food purchased with a draft.
253.06(4)(a)3.
3. Accept a draft other than in exchange for authorized food that is provided by the person.
253.06(4)(a)3m.
3m. Provide authorized food or other commodities to a participant or proxy in exchange for a draft accepted by a 3rd party.
253.06(4)(a)4.
4. Enter on a draft a dollar amount that is higher than the actual retail price of the item for which the draft was used.
253.06(4)(a)5.
5. Require a participant or proxy to sign a draft before entering the dollar amount on the draft in permanent ink.
253.06(4)(a)6.
6. Accept a draft except during the period specified on the draft.
253.06(4)(a)7.
7. Provide materially false information to the department or fail to provide in a timely manner material information that the department requests.
253.06(4)(a)8.
8. Duplicate a vendor stamp or use a stamp other than a vendor stamp for any purpose for which a vendor stamp is required.
253.06(4)(a)9.
9. Submit for redemption a draft to someone other than the department.
253.06(4)(a)10.
10. Accept a draft from someone other than a participant or proxy, except that the department shall accept for redemption valid drafts from vendors and food distribution centers.
253.06(4)(b)
(b) A person who violates any provision of this subsection is guilty of a Class I felony for the first offense and is guilty of a Class H felony for the 2nd or subsequent offense.
253.06(4)(c)1.1. Whenever a court imposes a fine, forfeiture, or recoupment for a violation of this subsection or imposes a forfeiture or recoupment for a violation of rules promulgated under
sub. (5), the court shall also impose a supplemental food enforcement surcharge under
ch. 814 in an amount of 50% of the fine, forfeiture, or recoupment imposed. If multiple offenses are involved, the court shall base the supplemental food enforcement surcharge on the total fine, forfeiture, and recoupment amounts for all offenses. When a fine, forfeiture, or recoupment is suspended in whole or in part, the court shall reduce the supplemental food enforcement surcharge in proportion to the suspension.
253.06(4)(c)2.
2. If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due, the clerk of the court shall collect and transmit such amount to the county treasurer as provided in
s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration as provided in
s. 59.25 (3) (f) 2.
253.06(5)(a)(a) The department shall promulgate rules to establish all of the following:
253.06(5)(a)1.
1. Minimum qualification standards for the authorization of vendors and for the awarding of a contract to an entity under
sub. (3m).
253.06(5)(a)2.
2. Standards of operation for authorized vendors and food distribution centers, including prohibited practices.
253.06(5)(a)3.
3. Minimum requirements for participants, including prohibited practices.
253.06(5)(a)4.
4. Procedures for approving or denying an application to be a participant, including appeal procedures.
253.06(5)(b)
(b) A person who violates any rule promulgated under this subsection may be subject to any of the following:
253.06(5)(b)1.
1. Denial of the application to be a participant or authorized vendor.
253.06(5)(b)2.
2. Suspension or termination of authorization for an authorized vendor or, in the case of a food distribution center, termination of the contract.
253.06(5)(b)3.
3. Disqualification from the program under this section for a participant.
253.06(5)(b)4.
4. Forfeiture of not less than $10 nor more than $1,000.
253.06(5)(c)
(c) Whenever the department imposes a forfeiture or recoupment for a violation of rules promulgated under this subsection, the department shall also impose an enforcement assessment in an amount of 50% of the forfeiture or recoupment imposed. If multiple offenses are involved, the department shall base the enforcement assessment upon the total forfeiture and recoupment amounts for all offenses. When a forfeiture or recoupment is suspended in whole or in part, the department shall reduce the enforcement assessment in proportion to the suspension.
253.06(5)(d)
(d) The department may directly assess a forfeiture provided for under
par. (b) 4., recoupment provided for under
par. (b) 5. and an enforcement assessment provided for under
par. (c). If the department determines that a forfeiture, recoupment or enforcement assessment should be levied, or that authorization or eligibility should be suspended or terminated, for a particular violation or for failure to correct it, the department shall send a notice of assessment, suspension or termination to the vendor, food distribution center or participant. The notice shall inform the vendor, food distribution center or participant of the right to a hearing under
sub. (6) and shall specify all of the following:
