49.835
49.835
Statements in applications. A person who makes a statement in a written application for any aid or benefit provided under this chapter is considered to have made an admission as to the existence, correctness, or validity of any fact stated. Such a statement is prima facie evidence against the person who made it in any complaint, information, or indictment, or in any action brought for enforcement of any provision of this chapter.
49.835 History
History: 2013 a. 226.
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 services for a certified copy of a birth record 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 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).
49.84(6)(a)(a) In this subsection, “department" means the department of health services.
49.84(6)(b)1.1. Notwithstanding any other eligibility requirements for the programs specified in par.
(c), unless excepted by par.
(c) an applicant for or recipient under any of those programs who declares himself or herself to be a citizen or national of the United States shall provide, as a further condition of eligibility, satisfactory documentary evidence, as provided in par.
(d), that he or she is a citizen or national of the United States.
49.84(6)(b)2.
2. An applicant shall provide the documentation at the time of application. If a recipient was not required to provide documentation at the time he or she applied, the recipient shall provide the documentation the first time his or her eligibility is reviewed or redetermined after October 27, 2007. An applicant or recipient shall be granted a reasonable time, as determined by the department, to submit the documentation before his or her eligibility is denied or terminated.
49.84(6)(c)
(c) The requirement to provide satisfactory documentary evidence under par.
(b) applies to applicants for and recipients under all of the following:
49.84(6)(c)1.
1. The Medical Assistance program under subch.
IV, except for any of the following:
49.84(6)(c)1.a.
a. An applicant or recipient who is entitled to benefits under or enrolled in any part of Medicare under
42 USC 1395 et seq., as amended.
49.84(6)(c)3.
3. The part of the prescription drug assistance for elderly persons program under s.
49.688 that is supported by a Medical Assistance waiver under
42 USC 1315 (a), as authorized under s.
49.688 (11).
49.84(6)(d)
(d) Satisfactory documentary evidence that an applicant or a recipient is a citizen or national of the United States consists of the documents or other forms of evidence specified in
42 CFR 435.407.
49.84(7)(a)1.
1. “Department" means the department of health services.
49.84(7)(a)2.
2. “Medical Assistance" means the Medical Assistance program under subch.
IV.
49.84(7)(b)
(b) Except as provided in par.
(c), for determining eligibility or continued eligibility the department shall electronically verify the residence of an applicant for or recipient of Medical Assistance. If the department is unable to verify the applicant's or recipient's residence electronically, the applicant or recipient must provide adequate proof of residency, in the manner determined by the department, to be eligible for Medical Assistance.
49.84(7)(c)
(c) The requirements under par.
(b) do not apply with respect to any of the following:
49.84(7)(c)1.
1. An individual who is receiving benefits under the food stamp program under
7 USC 2011 to
2029 or under the Temporary Assistance for Needy Families block grant program and who presented an acceptable form of residency verification for receipt of those benefits.
49.84(7)(c)2.
2. An individual who resides in a nursing home, intermediate care facility, inpatient psychiatric hospital, or other residential care facility and whose care in the facility is paid for by Medical Assistance.
49.84(7)(c)3.
3. A child residing in a foster care placement under the care and placement responsibility of a county department under s.
46.215,
46.22, or
46.23 or, in a county with a population of 750,000 or more, under the care and placement responsibility of the department of children and families.
49.845
49.845
Fraud investigation and error reduction. 49.845(1)(1)
Fraud investigation. From the appropriations under s.
20.435 (4) (bn),
(kz),
(L), and
(nn), the department of health services shall establish a program to investigate suspected fraudulent activity on the part of recipients of medical assistance under subch.
IV, food stamp benefits under the food stamp program under
7 USC 2011 to
2036, supplemental security income payments under s.
49.77, payments for the support of children of supplemental security income recipients under s.
49.775, and health care benefits under the Badger Care health care program under s.
49.665 and, if the department of children and families contracts with the department of health services under sub.
(4), on the part of recipients of aid to families with dependent children under s.
49.19 and participants in the Wisconsin Works program under ss.
49.141 to
49.161. The activities of the department of health services under this subsection may include comparisons of information provided to the department by an applicant and information provided by the applicant to other federal, state, and local agencies, development of an advisory welfare investigation prosecution standard, and provision of funds to county departments under ss.
46.215,
46.22, and
46.23 and to Wisconsin Works agencies to encourage activities to detect fraud. The department of health services shall cooperate with district attorneys regarding fraud prosecutions.
49.845(2)
(2)
State error reduction activities. The department of health services shall conduct activities to reduce payment errors in the Medical Assistance program under subch.
IV, the food stamp program under
7 USC 2011 to
2036, the supplemental security income payments program under s.
49.77, the program providing payments for the support of children of supplemental security income recipients under s.
49.775, and the Badger Care health care program under s.
49.665 and, if the department of children and families contracts with the department of health services under sub.
(4), in Wisconsin Works under ss.
49.141 to
49.161.
49.845(3)
(3)
Wisconsin Works agency error reduction. If the department of children and families contracts with the department of health services under sub.
(4), the department of health services shall provide funds from the appropriation under s.
20.435 (4) (kz) to Wisconsin Works agencies to offset the administrative costs of reducing payment errors in Wisconsin Works under ss.
49.141 to
49.161.
49.845(4)(a)1.1. Notwithstanding s.
49.197 (1m) and
(3), the department of children and families may contract with the department of health services to investigate suspected fraudulent activity on the part of recipients of aid to families with dependent children under s.
49.19 and participants in Wisconsin Works under ss.
49.141 to
49.161 and to conduct activities to reduce payment errors in Wisconsin Works under ss.
49.141 to
49.161, as provided in this section. If any employee of the department of health services reasonably suspects that fraudulent activity as described in this subdivision has occurred or is occurring, the employee shall immediately report the facts and circumstances contributing to that suspicion to the employee's immediate supervisor.
49.845(4)(a)2.
2. An immediate supervisor who receives a report under subd.
1. shall immediately evaluate the report to determine whether there is reason to suspect that the fraudulent activity has occurred or is occurring. If the immediate supervisor determines that there is reason to suspect that the fraudulent activity has occurred or is occurring, the immediate supervisor shall immediately report the facts and circumstances contributing to that suspicion to the sheriff and to the unit of the department of health services that is responsible for investigating suspected fraudulent activity as described in subd.
1. 49.845(4)(a)3.
3. Except as provided in subd.
2., an immediate supervisor who receives a report under subd.
1. shall keep the identity of the reporter confidential. A sheriff or unit of the department of health services that receives a report under subd.
2. shall keep the identity of the employee reporting under subd.
1. and the immediate supervisor reporting under subd.
2. confidential until the sheriff or unit determines that the report merits further investigation. If the sheriff or unit conducts a full investigation, the sheriff or unit shall keep the identity of that employee and immediate supervisor confidential if it is reasonably possible to do so. Any person who fails to report as required in subd.
1. or
2. may be required to forfeit not more than $1,000.
49.845(4)(b)
(b) Any person participating in good faith in the making of a report under par.
(a) 1. or
2. or in initiating, participating in, or testifying in, any action or proceeding in which fraudulent activity as described in par.
(a) 1. is alleged shall have immunity from any liability, civil or criminal, that results by reason of the action. For the purpose of any proceeding, civil or criminal, the good faith of any person reporting under par.
(a) 1. or
2. shall be presumed.
49.845(4)(c)
(c) The department of health services or an employee of that department may not take disciplinary action against, or threaten to take disciplinary action against, any person because the person in good faith reported any information under par.
(a) 1. or
2. or initiated, participated in, or testified in, any action or proceeding in which fraudulent activity as described in par.
(a) 1. was alleged or because that department or employee believes that the person in good faith reported any information under par.
(a) 1. or
2. or initiated, participated in, or testified in, such an action or proceeding.
49.845(4)(d)
(d) Any person who is subjected to disciplinary action, or who is threatened with disciplinary action, in violation of par.
(c) may file a complaint with the department of workforce development under s.
106.54 (9). If that department finds that a violation of par.
(c) has been committed, that department may take such action under s.
111.39 as will effectuate the purpose of this section. Section
111.322 (2m) applies to a disciplinary action arising in connection with any proceeding under this paragraph.
49.846
49.846
Jurisdiction of the department of justice. 49.846(1)(1)
In this section, “public assistance program" means any program administered by the department of health services or the department of children and families under this chapter under which the department administering the program provides services, benefits, or other assistance to individuals or families.
49.846(2)
(2) The department of justice or the district attorney may institute, manage, control, and direct, in the proper county, any prosecution for violation of criminal laws affecting a public assistance program, including laws in this chapter, chs.
939 to
951 relating to Medical Assistance, Wisconsin Works, the food stamp program, or any other public assistance program, and laws affecting the health, safety, and welfare of public assistance program recipients. For this purpose the department of justice shall have and exercise all powers conferred upon district attorneys in such cases. If a prosecution under this section involves a person holding a license granted by the medical examining board or an interested affiliated credentialing board, the department of justice or district attorney shall notify the medical examining board or the interested affiliated credentialing board of the prosecution.
49.846 History
History: 1977 c. 418;
1985 a. 340;
1993 a. 107;
1995 a. 27;
2013 a. 226 ss.
32,
33,
47; Stats. 2013 s. 49.846.
49.847
49.847
Recovery of incorrect payments under certain public assistance programs. 49.847(1)(1)
Subject to ss.
49.497 (1) and
49.793 (1), the department of health services, or a county, multicounty consortium, as defined in s.
49.78 (1) (br), or elected governing body of a federally recognized American Indian tribe or band acting on behalf of the department, may recover benefits incorrectly paid under any of the programs administered by the department under this chapter.
49.847(2)
(2) The department, county, multicounty consortium, as defined in s.
49.78 (1) (br), or elected governing body may recover an overpayment from a family or individual who continues to receive benefits under any program administered by the department under this chapter by reducing the family's or individual's benefit amount. Subject to s.
49.793 (1), the department may by rule specify other methods for recovering incorrectly paid benefits.
49.847(3)(a)(a) Subject to ss.
49.497 (2) and
49.793 (2), and except as provided in par.
(b), a county or elected governing body may retain a portion of an amount recovered under this section due to the efforts of an employee or officer of the county, tribe, or band, as provided by the department by rule.
49.847(3)(b)
(b) Any amount that Milwaukee County would otherwise be entitled to retain under par.
(a) for the recovery of an amount under this section due to the efforts of a department employee or officer, or a county employee or officer under the management of the department, shall be credited to the appropriation account under s.
20.435 (4) (L).
49.847 Cross-reference
Cross-reference: See also ch.
DHS 2, Wis. adm. code.
49.849
49.849
Recovery of correct payments under certain public assistance programs. 49.849(1)(a)
(a) “Decedent" means a deceased recipient or a deceased nonrecipient surviving spouse, whichever is applicable.
49.849(1)(b)
(b) “Department" means the department of health services.
49.849(1)(c)
(c) “Nonrecipient surviving spouse" means any of the following:
49.849(1)(c)1.
1. A person who was married to a recipient when the recipient was receiving or received public assistance and who survived the recipient.
49.849(1)(c)2.
2. A person who was married to a recipient on whose behalf aid under s.
49.785 was provided, who was married to the recipient at the recipient's death or when the recipient was receiving or received any of the benefits described in s.
49.785 (1c) that made the recipient an eligible recipient under s.
49.785, or at both times, and who survived the recipient.
49.849(1)(d)
(d) “Property of a decedent" means all real and personal property to which the recipient held any legal title or in which the recipient had any legal interest immediately before death, to the extent of that title or interest, including assets transferred to a survivor, heir, or assignee through joint tenancy, tenancy in common, survivorship, life estate, revocable trust, or any other arrangement, excluding an irrevocable trust.
49.849(1)(f)
(f) “Recipient" means a person who received public assistance.
49.849(2)(a)(a) Subject to par.
(b), the department may collect from the property of a decedent by affidavit under sub.
(3) (b) or by lien under sub.
(4) (a) an amount equal to the medical assistance that is recoverable under s.
49.496 (3) (a), the long-term community support services under s.
46.27, 2017 stats., that is recoverable under s.
46.27 (7g) (c) 1., 2017 stats., or the aid under s.
49.68,
49.683,
49.685, or
49.785 that is recoverable under s.
49.682 (2) (a) or
(am), and that was paid on behalf of the decedent or the decedent's spouse, if all of the following conditions are satisfied:
49.849(2)(a)1.
1. The decedent died after September 30, 1991, or for the recovery of aid under s.
49.785 the decedent died after July 14, 2015.
49.849(2)(a)2.
2. The decedent is not survived by a spouse, a child who is under age 21, or a child who is disabled, as defined in s.
49.468 (1) (a) 1. This subdivision does not apply for the recovery of aid under s.
49.785.
49.849(2)(b)
(b) The department shall reduce the amount of its recovery under par.
(a) by up to the amount specified in s.
861.33 (2) if necessary to allow the decedent's heirs or beneficiaries under the decedent's will to retain the following personal property of the decedent:
49.849(2)(b)4.
4. Other tangible personal property not used in trade, agriculture, or other business, not exceeding in value the amount specified in s.
861.33 (1) (a) 4. 49.849(2)(c)
(c) There is a presumption, consistent with s.
766.31, which may be rebutted, that all property of the deceased nonrecipient surviving spouse was marital property held with the recipient and that 100 percent of the property of the deceased nonrecipient surviving spouse is subject to the department's claim under par.
(a).
49.849(3)
(3)
Transmittal of property upon receipt of affidavit. 49.849(3)(a)
(a) Any property of a decedent that is transferred by a person who has possession of the property at the time of the decedent's death is subject to the right of the department to recover the amounts specified in sub.
(2) (a). Upon request, the person who transferred the property shall provide to the department information about the property of the decedent that the person has transferred and information about the persons to whom the property was transferred.
49.849(3)(b)
(b) A person who possesses or receives property of a decedent shall transmit the property to the department, if the conditions in sub.
(2) (a) 1. and, if applicable, sub.
(2) (a) 2. are satisfied, upon receipt of an affidavit by a person designated by the secretary of health services to administer this section showing that the department paid on behalf of the decedent or the decedent's spouse recoverable benefits specified in sub.
(2) (a). Upon transmittal, the person is released from any obligation to other creditors or heirs of the decedent.
49.849(3)(c)
(c) An affidavit under this subsection shall contain all of the following information:
49.849(3)(c)1.
1. That the department has a claim against the property that it intends to recover from the property.
49.849(3)(c)3.
3. That the person may have a right to an administrative hearing under sub.
(5m), which must be requested within 45 days after the department sent the affidavit, on the extent and fair market value of the recipient's interest in the property.
49.849(3)(c)5.
5. That the person may request from the department a hardship waiver, if the person co-owned the property with the decedent or is a beneficiary of the property. This subdivision does not apply for the recovery of aid under s.
49.785.
49.849(3)(c)6.
6. How to request a hardship waiver under subd.
5. This subdivision does not apply for the recovery of aid under s.
49.785.
49.849(4)
(4)
Recovery against real property.
