49.853 Financial record matching program.
49.854 Liens against property for delinquent support payments.
49.855 Certification of delinquent payments.
49.856 Notification of delinquent payments.
49.857 Administrative enforcement of support; denial, nonrenewal, restriction and suspension of licenses.
49.858 General provisions related to administrative support enforcement.
49.86 Disbursement of funds and facsimile signatures.
49.89 Third party liability.
49.90 Liability of relatives; enforcement.
49.95 Penalties; evidence.
49.96 Assistance grants exempt from levy.
DEFINITIONS
49.001
49.001
Definitions. In this chapter:
49.001(1)
(1) "Child care provider" means a child care provider that is licensed under
s. 48.65 (1), certified under
s. 48.651 or established or contracted for under
s. 120.13 (14).
49.001(1m)
(1m) "Essential person" means any person defined as an essential person under federal Title XVI.
49.001(2)
(2) "Federal Title XVI" means Title XVI of the federal social security act.
49.001(4)
(4) "Municipality" means any town, city or village.
49.001(5)
(5) "Poverty line" means the poverty line as defined and revised annually under
42 USC 9902 (2).
49.001(5m)
(5m) "Prisoner" means any person who is either arrested, incarcerated, imprisoned or otherwise detained in excess of 12 hours by any law enforcement agency of this state, except when detention is pursuant to
s. 51.15,
51.20,
51.45 (11) (b) or,
55.13, or
55.135 or
ch. 980. "Prisoner" does not include any person who is serving a sentence of detention under
s. 973.03 (4) unless the person is in the county jail under
s. 973.03 (4) (c).
Effective date note
NOTE: Sub. (5p) is amended eff. 7-1-11 by
2009 Wis. Act 28 to read:
Effective date text
(5p) "Relief block grant" means a block grant awarded to a county or tribal governing body under s. 49.025, 2009 stats., s. 49.027, 2009 stats., or s. 49.029.
49.001(6)
(6) "Residence" means the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation. Physical presence is prima facie evidence of intent to remain.
Effective date note
NOTE: Sub. (7) is repealed by
2009 Wis. Act 28 eff. the date stated in the notice provided by the secretary of children and families and published in the Wisconsin Administrative Register under s. 48.62 (9).
49.001(8)
(8) "Voluntary" means according to an individual's free choice, if competent, or by choice of his or her guardian if the individual is adjudicated incompetent.
49.001(9)
(9) "Wisconsin Works agency" means a person under contract under
s. 49.143 to administer Wisconsin Works under
ss. 49.141 to
49.161. If no contract is awarded under
s. 49.143, "Wisconsin Works agency" means the department of children and families.
RELIEF BLOCK GRANTS
49.002
49.002
Legislative declaration. It is the declared legislative policy that a county receiving a relief block grant is the payer of last resort in all cases, except those cases involving crime victim awards under
s. 949.06, where a benefit is covered by relief funded by a relief block grant in a county and where a dispute may arise over payment for costs associated with providing health care services to recipients of relief funded by a relief block grant.
Effective date note
NOTE: This section is repealed eff. 7-1-11 by
2009 Wis. Act 28.
49.01
49.01
Definitions. As used in this subchapter:
49.01(1g)
(1g) "American Indian" means a person who is recognized by an elected tribal governing body in this state as a member of a federally recognized Wisconsin tribe or band of Indians.
49.01(1m)
(1m) "Department" means the department of health services.
49.01(2)
(2) "Dependent person" means an individual who is eligible for relief under
s. 49.015.
49.01(2g)
(2g) "Health care services" means such emergency and nonemergency medical, surgical, dental, hospital, nursing and optometric services as are reasonable and necessary under the circumstances, as determined by the county or tribal governing body. "Health care services" does not include services described under
s. 51.42 (3) (ar) 4.
49.01(3)
(3) "Relief" means assistance that is provided to a dependent person and funded by a relief block grant.
49.01(3m)
(3m) "Relief agency" means the following if a county or tribal governing body operates a relief program funded by a relief block grant:
49.01(3m)(a)
(a) A county department under
s. 46.215,
46.22 or
46.23 or an agency under contract with a county department to administer relief.
49.01(3m)(b)
(b) A tribal governing body or an agency under contract with the governing body to administer relief.
Effective date note
NOTE: Sub. (3m) is repealed and recreated eff. 7-1-11 by
2009 Wis. Act 28 to read:
Effective date text
(3m) "Relief agency" means a tribal governing body or an agency under contract with a tribal governing body to administer relief if the tribal governing body operates a relief program funded by a relief block grant.
49.01(8j)
(8j) "Secretary" means the secretary of health services.
Effective date note
NOTE: Sub. (8j) is repealed eff. 7-1-11 by
2009 Wis. Act 28.
49.01(8L)
(8L) "Tax-free land" means land in this state within the boundaries of a federally recognized reservation or within the bureau of Indian affairs service area for the Winnebago tribe, which is not subject to assessment or levy of a real property tax either as a general tax or as a payment in lieu of taxes.
49.01(8p)
(8p) "Tribal governing body" means an elected tribal governing body of a federally recognized American Indian tribe.
49.015
49.015
Relief eligibility. 49.015(1)(1)
General eligibility requirements. Except as provided in
subs. (1m) to
(2m), an individual is eligible for relief if the individual meets all of the following conditions:
49.015(1)(a)
(a) Except as provided in
sub. (3) (a), the individual resides in a county, or on tax-free land, in which the county or tribal governing body operates a program funded by a relief block grant.
Effective date note
NOTE: Par. (a) is amended eff. 7-1-11 by
2009 Wis. Act 28 to read:
Effective date text
(a) Except as provided in sub. (3) (a), the individual resides on tax-free land on which the tribal governing body operates a program funded by a relief block grant.
49.015(1)(am)
(am) The individual authorizes any program or resource for which he or she is determined to be eligible to reimburse the relief agency for health care services provided to the individual if the program or resource permits reimbursement for the services provided.
49.015(1)(c)
(c) The individual qualifies under written criteria of dependency under
s. 49.02 (1) (b) established by the relief agency in that county or on that tax-free land.
Effective date note
NOTE: Par. (c) is amended eff. 7-1-11 by
2009 Wis. Act 28 to read:
Effective date text
(c) The individual qualifies under written criteria of dependency under s. 49.02 (1) (b) established by the relief agency on that tax-free land.
49.015(1m)(a)(a) In this subsection, "close relative" means the person's parent, grandparent, brother, sister, spouse or child.
49.015(1m)(b)
(b) No individual is eligible for relief unless the individual has resided in this state for at least 60 consecutive days before applying for relief. This requirement does not apply if the individual resides in this state and meets any of the following conditions:
49.015(1m)(b)2.
2. The individual has, in the past, resided in this state for at least 365 consecutive days.
49.015(1m)(b)3.
3. The individual came to this state to join a close relative who has resided in this state for at least 180 days before the arrival of the individual.
49.015(1m)(b)4.
4. The individual came to this state to accept a bona fide offer of employment and the individual was eligible to accept the employment.
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.
Effective date note
NOTE: Par. (a) is amended eff. 7-1-11 by
2009 Wis. Act 28 to read:
Effective date text
(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.
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.
