49.78(2)(b)2.c.
c. Conducting fraud prevention and identification activities.
49.78(2)(b)3.
3. That the department will reimburse a multicounty consortium for services provided under the contract on a risk-adjusted case load basis.
49.78(2m)
(2m) Administration by a tribal governing body. 49.78(2m)(a)(a) A tribal governing body may administer income maintenance programs by electing to have the department administer the tribe's income maintenance programs or by providing the required administrative services and entering into a contract with the department for reimbursement under
par. (b).
49.78(2m)(b)
(b) Annually, for the income maintenance administrative program functions, if any, that the department delegates to a tribal governing body, the department and tribal governing body may enter into a contract, for reimbursement of the tribal governing body for the reasonable cost of administering income maintenance programs.
49.78(2m)(c)
(c) The amount of each reimbursement paid under a contract entered into
par. (b) shall be calculated using a formula based on workload within the limits of state and federal funds. The department may adjust reimbursement amounts determined under the contract for workload changes and computer network activities performed by a tribal governing body.
49.78(2r)
(2r) Departmental administrative functions. The department shall perform all of the following administrative functions related to income maintenance programs:
49.78(2r)(a)
(a) Providing income maintenance worker training.
49.78(2r)(d)
(d) Providing information technology and licenses for call centers that are operated by multicounty consortia.
49.78(2r)(e)
(e) Maintaining the client assistance reemployment and economic support system.
49.78(2r)(f)
(f) Contracting with multicounty consortia under
sub. (2), including establishing performance requirements.
49.78(2r)(g)
(g) Contracting with tribal governing bodies under
sub. (2m), including establishing performance requirements.
49.78(2r)(h)
(h) Monitoring contracts with multicounty consortia and tribal governing bodies, including compliance with performance standards and federal and other reporting requirements.
49.78(2r)(i)
(i) Operating a centralized document processing unit.
49.78(3)
(3) Rules. The department shall promulgate rules establishing standards of competency, including training requirements, for income maintenance workers.
49.78(4)
(4) Rules; merit system. The department of children and families shall promulgate rules for the efficient administration of aid to families with dependent children in agreement with the requirement for federal aid, including the establishment and maintenance of personnel standards on a merit basis. The provisions of this section relating to personnel standards on a merit basis supersede any inconsistent provisions of any law relating to county personnel. This subsection shall not be construed to invalidate the provisions of
s. 46.22 (1) (d).
49.78(5)
(5) Personnel examinations. Statewide examinations to ascertain qualifications of applicants in any county department administering aid to families with dependent children shall be given by the administrator of the division of merit recruitment and selection in the office of state employment relations. The office of state employment relations shall be reimbursed for actual expenditures incurred in the performance of its functions under this section from the appropriations available to the department of children and families for administrative expenditures.
49.78(6)
(6) Personnel lists. All persons who are qualified as a result of examinations shall be certified to the counties in which they reside at the time of examination; if there are no resident qualified persons for any class of positions on the list certified to the county, appointments shall be made from available lists without regard to residence within the county.
49.78(7)
(7) County personnel systems. Pursuant to rules promulgated under
sub. (4), the department of children and families where requested by the county shall delegate to that county, without restriction because of enumeration, any or all of the authority of the department of children and families under
sub. (4) to establish and maintain personnel standards including salary levels.
49.78(8)
(8) Reimbursement for income maintenance administration. 49.78(8)(a)(a) From the appropriations under
s. 20.435 (4) (bn) and
(nn) and subject to
par. (b), the department shall provide funding to reimburse each multicounty consortium that contracts with the department under
sub. (2) and each tribal governing body that contracts with the department under
sub. (2m) for the costs of administering the income maintenance programs, including conducting fraud prevention activities, in accordance with the terms of the applicable contract. The amount of reimbursement calculated under this paragraph and
par. (b) is in addition to any reimbursement provided to a county, multicounty consortium, or tribal governing body for fraud and error reduction under
s. 49.197 or
49.845.
49.78(8)(b)
(b) The department may reduce the amount of any reimbursement if federal reimbursement is withheld due to audits, quality control samples, or program reviews.
49.78(10)(a)(a) An authorized representative from each multicounty consortium that contracts with the department under
sub. (2) and each tribal governing body that contracts with the department under
sub. (2m) shall certify monthly under oath to the department in such manner as the department prescribes the claim of the multicounty consortium or tribal governing body for state reimbursement under
sub. (8) (a). The department shall review each claim of reimbursement and, if the department approves the claim, the department shall certify to the department of administration for reimbursement to the multicounty consortium or tribal governing body for amounts due under
sub. (8) (a) and payment claimed to be made to the multicounty consortia or tribal governing bodies monthly. The department may make advance payments prior to the beginning of each month equal to one-twelfth of the contracted amount.
49.78(10)(b)
(b) To facilitate prompt reimbursement the certificate of the department may be based on the certified statements of the authorized representatives of multicounty consortia or tribal governing body executives filed under
par. (a). Funds recovered from audit adjustments from a prior fiscal year may be included in subsequent certifications only to pay counties or multicounty consortia owed funds as a result of any audit adjustment. By September 30 annually, the department shall submit a report to the appropriate standing committees under
s. 13.172 (3) on funds recovered and paid out during the previous calendar year as a result of audit adjustments.
49.78(11)
(11) Requirement to provide information. 49.78(11)(a)1.1. The department, a county department under
s. 46.215,
46.22, or
46.23, a multicounty consortium, or a tribal governing body may request from any person in this state information it determines appropriate and necessary for determining or verifying eligibility or benefits for a recipient under any income maintenance program. Unless access to the information is prohibited or restricted by law, or unless the person has good cause, as determined by the department in accordance with federal law and regulations, for refusing to cooperate, the person shall make a good faith effort to provide the information within 7 days after receiving a request under this paragraph. The department, county department, multicounty consortium, or tribal governing body, or employees of any of them, may not disclose information obtained under this subdivision for any purpose not connected with the administration of the income maintenance program for which the information was requested.
49.78(11)(a)2.
2. In conjunction with any request for information under
subd. 1., including a request made by subpoena under
par. (b), the department, county department, multicounty consortium, or tribal governing body shall advise the person of the time by which the information must be provided.
49.78(11)(b)
(b) The department, a county department, a multicounty consortium, or a tribal governing body may issue a subpoena, in substantially the form authorized under
s. 885.02, to compel the production of financial information or other documentary evidence for determining or verifying eligibility or benefits for a recipient under any income maintenance program.
49.78(11)(c)
(c) A person is not liable to any person for any of the following:
49.78(11)(c)1.
1. Allowing access to financial or other records by the department, a county department, a multicounty consortium, or a tribal governing body in response to a request under
par. (a) or a subpoena described in
par. (b).
49.78(11)(c)2.
2. Disclosing information from financial or other records to the department, a county department, a multicounty consortium, or a tribal governing body in response to a request under
par. (a) or a subpoena described in
par. (b).
49.78(11)(c)3.
3. Any other action taken in good faith to comply with this subsection or a subpoena described in
par. (b) or to comply with a request for information or access to records from the department, a county department, a multicounty consortium, or a tribal governing body for determining or verifying eligibility or benefits for a recipient under any income maintenance program.
49.78 Cross-reference
Cross-reference: See also ch.
DHS 254, Wis. adm. code.
49.785
49.785
Funeral expenses. 49.785(1)(1) Except as provided in
sub. (1m) and subject to
s. 49.825, if any recipient specified in
sub. (1c) dies and the estate of the deceased recipient is insufficient to pay the funeral, burial, and cemetery expenses of the deceased recipient, the department or county or applicable tribal governing body or organization responsible for burial of the recipient shall pay, to the person designated by the department or county department under
s. 46.215,
46.22, or
46.23 or applicable tribal governing body or organization responsible for the burial of the recipient, all of the following:
49.785(1)(a)
(a) The lesser of $1,000 or the cemetery expenses that are not paid by the estate of the deceased and other persons.
49.785(1)(b)
(b) The lesser of $1,500 or the funeral and burial expenses not paid by the estate of the deceased and other persons.
49.785(1c)
(1c) All of the following are eligible recipients under this section:
49.785(1c)(b)1.
1. A pregnant woman or a child under 6 years of age with a family income not exceeding 185 percent of the poverty line at the time of death.
49.785(1c)(b)2.
2. A child at least 6 years of age but less than 19 years of age with a family income not exceeding 100 percent of the poverty line at the time of death.
49.785(1c)(b)3.
3. A parent or caretaker relative with a family income not exceeding 50 percent of the poverty line at the time of death.
49.785(1m)(a)(a) If the total cemetery expenses for the recipient exceed $3,500, the department or county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for the cemetery expenses under
sub. (1) (a).
49.785(1m)(b)
(b) If the total funeral and burial expenses for the recipient exceed $4,500, the department or county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for funeral and burial expenses under
sub. (1) (b).
49.785(1m)(c)
(c) If a request for payment under
sub. (1) is made more than 12 months after the death of the recipient, the department or county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for cemetery, funeral, or burial expenses.
49.785(2)
(2) From the appropriation under
s. 20.435 (4) (br), the department shall reimburse a county or applicable tribal governing body or organization for any amount that the county or applicable tribal governing body or organization is required to pay under
sub. (1) if the county or applicable tribal governing body or organization complies with
sub. (3). From the appropriation under
s. 20.435 (4) (br), the department shall reimburse a county or applicable tribal governing body or organization for cemetery expenses or for funeral and burial expenses for a person described under
sub. (1) that the county or applicable tribal governing body or organization is not required to pay under
subs. (1) and
(1m) only if the department approves the reimbursement due to unusual circumstances and if the county or applicable tribal governing body or organization complies with
sub. (3).
49.785(3)
(3) As a condition for reimbursement under
sub. (2) for amounts paid on behalf of a deceased recipient, a county or applicable tribal governing body or organization shall provide to the department all of the following information with respect to the deceased recipient:
49.785(3)(c)
(c) The total amount of each of the expenses under
pars. (a) and
(b) that the county or tribal governing body or organization paid on behalf of the deceased recipient.
49.785 Annotation
A cement grave liner will be considered a funeral and burial expense or a cemetery expense depending on who provides the liner; a liner provided by a funeral home constitutes a funeral and burial expense subject to the statutory payment limit.
79 Atty. Gen. 164.
49.79
49.79
Food stamp administration. 49.79(1)
(1)
Definitions. In this section:
49.79(2)
(2) Denial of eligibility. An individual who fails to comply with the work requirements of the employment and training program under
sub. (9) is ineligible to participate in the food stamp program as specified under
sub. (9) (b).
49.79 Cross-reference
Cross-reference: See also ch.
DHS 252, Wis. adm. code.
49.79(3)
(3) Liability for lost food coupons. 49.79(3)(a)(a) A county, multicounty consortium, or federally recognized American Indian tribe is liable for all food stamp coupons lost, misappropriated, or destroyed while under the county's, consortium's, or tribe's direct control, except as provided in
par. (b).
49.79(3)(b)
(b) A county, multicounty consortium, or federally recognized American Indian tribe is not liable for food stamp coupons lost in natural disasters if it provides evidence acceptable to the department that the coupons were destroyed and not redeemed.
49.79(3)(c)
(c) A county, multicounty consortium, or federally recognized American Indian tribe is liable for food stamp coupons mailed to residents of the county or counties that are in the multicounty consortium or members of the tribe and lost in the mail due to incorrect information submitted to the department by the county or tribe.
49.79(4)
(4) Deductions from county income maintenance payments. The department shall withhold the value of food stamp losses for which a county, multicounty consortium, or federally recognized American Indian tribe is liable under
sub. (3) from the payment to the county, multicounty consortium, or tribe under income maintenance contracts under
s. 49.78 and reimburse the federal government from the funds withheld.
49.79(5)(a)(a) The department shall require an applicant for, or recipient under, the food stamp program to state in writing whether the applicant or recipient or any member of the applicant's or recipient's household has been convicted, in any state or federal court of a felony that has as an element possession, use or distribution of a controlled substance. The department shall require an applicant or recipient, or member of the applicant's or recipient's household to submit to a test for use of a controlled substance as a condition of continued eligibility if, after August 22, 1996, but not more than 5 years prior to the date the written statement is made, the applicant or recipient or the member of the applicant's or recipient's household was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance. If the test results are positive with respect to any individual, the department may not consider the needs of that individual in determining the household's eligibility for the food stamp program for at least 12 months from the date of the test. The department shall, however, consider the income and resources of that individual to be available to the household.
49.79(5)(b)
(b) If an individual whose needs are not considered under
par. (a) submits to a test for use of a controlled substance at least 12 months after the date that the department first disregarded that individual's needs under
par. (a), and if the test results are negative, the department shall consider the individual's needs in determining the eligibility of the individual's household.
49.79(6)
(6) Ineligibility for fugitive felons. No person is eligible for the food stamp program in a month in which that person is a fugitive felon under
7 USC 2015 (k) (1) or is violating a condition of probation, extended supervision or parole imposed by a state or federal court.
49.79(7)
(7) Simplified food stamp program. The department shall develop a simplified food stamp program that meets all of the requirements under
P.L. 104-193, section 854, and shall submit the plan to the secretary of the federal department of agriculture for approval. If the secretary of the federal department of agriculture approves the plan, the department shall submit the plan to the secretary of administration for approval. If the secretary of administration approves the plan, the department may implement the plan.
49.79(8)
(8) Benefits for qualified aliens. The department shall not provide benefits under this section to a qualified alien, except to the extent that federal food stamp benefits for qualified aliens are required by the federal government.
49.79(8m)
(8m) Applicants from correctional institutions. 49.79(8m)(a)(a) The department shall allow a prisoner who is applying for the food stamp program from a correctional institution in anticipation of being released from the institution to use the address of the correctional institution as his or her address on the application.
49.79(8m)(b)
(b) The department shall allow an employee of a correctional institution who has been authorized by a prisoner of the institution to act on his or her behalf in matters related to the food stamp program to receive and conduct telephone calls on behalf of the prisoner in matters related to the food stamp program.
49.79(9)
(9) Employment and training program. 49.79(9)(a)1.1. The department shall administer an employment and training program for recipients under the food stamp program and may contract with county departments under
ss. 46.215,
46.22, and
46.23, multicounty consortia, and with tribal governing bodies to carry out the administrative functions. The department may contract, or a county department, multicounty consortium, or tribal governing body may subcontract, with a Wisconsin Works agency or another provider to administer the employment and training program under this subsection. Except as provided in
subds. 2. and
3., the department may require able individuals who are 18 to 60 years of age who are not participants in a Wisconsin Works employment position to participate in the employment and training program under this subsection.
49.79(9)(a)2.
2. The department may not require an individual who is a recipient under the food stamp program and who is the caretaker of a child under the age of 12 weeks to participate in any employment and training program under this subsection.
49.79(9)(a)3.
3. The department may not require an individual who is a recipient under the food stamp program to participate in any employment and training program under this subsection if that individual is enrolled at least half time in a school, as defined in
s. 49.26 (1) (a) 2., a training program, or an institution of higher education.
49.79(9)(a)4.
4. The amount of food stamp benefits paid to a recipient who is a participant in a Wisconsin works employment position under
s. 49.147 (4) or
(5) shall be calculated based on the pre-sanction benefit amount received [under]
s. 49.148.
