253.06(6)(a)(a) Any hearing under s. 227.42 granted by the department under this section may be conducted before the division of hearings and appeals in the department of administration. 253.06(6)(b)(b) A person may contest an assessment of forfeiture, recoupment or enforcement assessment, a denial or termination of authorization, a civil monetary penalty assessed in lieu of disqualification, a summary suspension, or a termination of eligibility by sending a written request for hearing under s. 227.44 to the division of hearings and appeals in the department of administration within 10 days after the receipt of the notice issued under sub. (3) (bm) or (5) (d). The administrator of the division of hearings and appeals may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division of hearings and appeals shall be the final administrative decision. The division of hearings and appeals shall commence the hearing and issue a final decision within 60 days after receipt of the request for hearing unless all of the parties consent to a later date. Proceedings before the division of hearings and appeals are governed by ch. 227. In any petition for judicial review of a decision by the division of hearings and appeals, the department, if not the petitioner who was in the proceeding before the division of hearings and appeals, shall be the named respondent. 253.06(7)(7) Injunction procedure. No injunction may be issued in any proceeding for review under ch. 227 of a decision of the division of hearings and appeals under sub. (6), suspending or staying the decision except upon application to the circuit court or presiding judge thereof, notice to the department and any other party and hearing. No injunction that delays or prevents a decision of the division of hearings and appeals from becoming effective may be issued in any other proceeding or action in any court unless the parties to the proceeding before the division of hearings and appeals in which the order was made are also parties to the proceeding or action before the court. 253.06(8)(8) Inspection of premises. The department may visit and inspect each authorized vendor and infant formula supplier and each direct distribution center, and for such purpose shall be given unrestricted access to the premises described in the authorization or contract. 253.06(9)(9) Confidentiality of applicant and participant information. 253.06(9)(a)(a) Any information about an applicant or participant, whether it is obtained from the applicant or participant or another source or is generated as a result of application for the Women, Infants, and Children program, that identifies the applicant or participant or a family member of the applicant or participant is confidential. 253.06(9)(b)(b) Except as explicitly permitted under this section, the department shall restrict the use and disclosure of confidential applicant and participant information to any person directly connected with the administration or enforcement of the Women, Infants, and Children program that the department determines has a need to know the information for Women, Infants, and Children program purposes. Persons who may be allowed to access confidential information under this paragraph include personnel from the local agencies, persons under contract with the department to perform research regarding the Women, Infants, and Children program, and persons that are investigating or prosecuting Women, Infants, and Children program violations of federal, state, or local law. 253.06(9)(c)(c) The department or any local agency may use or disclose to public organizations confidential applicant and participant information for the administration of other programs that serve individuals eligible for the Women, Infants, and Children program in accordance with 7 CFR 246.26 (h). 253.06(9)(d)(d) Staff of the department and local agencies who are required by state law to report known or suspected child abuse or neglect may disclose confidential applicant and participant information without the consent of the participant or applicant to the extent necessary to comply with the law. 253.06(9)(e)(e) Except in the case of subpoenas or search warrants, the department and local agencies may disclose confidential applicant and participant information to individuals or entities not listed in this section only if the affected applicant or participant signs a release form authorizing the disclosure and specifying the parties to which the information may be disclosed. The department or local agency shall allow applicants and participants to refuse to sign the release form and shall notify the applicant or participant that signing the form is not a condition of eligibility and refusing to sign the form will not affect the applicant’s or participant’s application or participation in the Women, Infants, and Children program. Release forms authorizing disclosure to private physicians or other health care providers may be included as part of the Women, Infants, and Children program application or certification process. All other requests for applicants or participants to sign voluntary release forms may occur only after the application and certification process is complete. 253.06(9)(f)(f) The department or local agency shall provide to an applicant or participant access to all information he or she has provided to the Women, Infants, and Children program. In the case of an applicant or participant who is an infant or child, the access may be provided to a parent or guardian of the infant or child, assuming that any issues regarding custody or guardianship have been settled. The department or local agency is not required to provide the applicant or participant or parent or guardian of an infant or child applicant or participant access to any other information in the file or record, including documentation of income provided by a 3rd party and staff assessments of an applicant or participant’s condition or behavior, unless required by law or unless the information supports a state or local agency decision being appealed under 7 CFR 246.9. 253.06(10)(10) Confidentiality of vendor information. 253.06(10)(a)(a) Any information about a vendor, whether it is obtained from the vendor or another source, that individually identifies the vendor except for the vendor’s name, address, telephone number, Internet or electronic mail address, store type, and Women, Infants, and Children program authorization status is confidential. The department shall restrict the use or disclosure of confidential vendor information to any of the following: 253.06(10)(a)1.1. Persons directly connected with the administration or enforcement of the Women, Infants, and Children program or the food stamp program under s. 49.79 that the department determines have a need to know the information for purposes of these programs. These persons may include personnel from local agencies and persons investigating or prosecuting violations of Women, Infants, and Children program or food stamp program federal, state, or local laws. 253.06(10)(a)2.2. Persons directly connected with the administration or enforcement of any federal or state law or local ordinance. Before releasing information to a state or local entity, the department shall enter into a written agreement with the requesting party specifying that the information cannot be used or redisclosed except for purposes directly connected with the administration or enforcement of the federal or state law or local ordinance. 253.06(10)(a)3.3. A vendor that is subject to an adverse action under sub. (5), including a claim, to the extent that the confidential information concerns the vendor that is subject to the adverse action and is related to the adverse action. 253.06(10)(b)(b) The department may disclose to all authorized vendors and applicants to be a vendor sanctions that have been imposed on vendors if the disclosure identifies only the vendor’s name, address, length of the disqualification or amount of the monetary penalty, and a summary of the reason for the sanction provided in the notice of adverse action under sub. (5). The information under this paragraph may be disclosed only after all administrative and judicial review is exhausted and the department has prevailed regarding the sanction imposed on the vendor or after the time period for requesting administrative and judicial review has expired. 253.06 HistoryHistory: 2009 a. 28 s. 1217; Stats. 2009 s. 253.06; 2019 a. 9; 2021 a. 239 s. 74. 253.065253.065 Dietetic internship program. 253.065(1)(1) The department shall establish a dietetic internship program with federal moneys from the special supplemental food program for women, infants, and children authorized under 42 USC 1786. If the department determines that it may not implement or fund the program without a federal waiver, the department shall, no later than 6 months after March 26, 2016, request a waiver from the secretary of the federal department of agriculture. The department shall implement the program unless the federal department of agriculture disapproves the waiver request or the department is prohibited from using federal moneys to establish the program. 253.065(2)(2) Subject to sub. (8), the department, through the supplemental food program for women, infants, and children under s. 253.06, may sponsor the number of interns per year determined by the department, beginning with a first class of interns in September 2017. 253.065(3)(3) Unless the department grants an exception, in order to be eligible for the internship program under sub. (1), an applicant must, at the time of his or her selection, be employed as a nutritionist for the supplemental food program for women, infants, and children under s. 253.06 by either the department or a local agency and have met the educational requirements under s. 448.78 (3). 253.065(4)(4) The department or local agency shall continue to pay an employee who participates in the internship program his or her salary for noninternship-related work hours from the supplemental food program for women, infants, and children under s. 253.06 (2). The department or local agency may pay an employee who participates in the internship program his or her salary for internship-related work hours from the supplemental food program for women, infants, and children under s. 253.06 (2) as funded from the federal special supplemental food program for women, infants, and children authorized under 42 USC 1786. 253.065(5)(5) The department shall issue to each individual who successfully completes the dietetic internship program under this section a certificate of completion that the individual may submit as verification of the completion of more than 900 hours of qualifying dietetics practice under s. 448.78 (4). The dietitians affiliated credentialing board shall accept certificates of completion issued under this subsection as satisfactory evidence under s. 448.78 (4). 253.065(6)(6) Each participant in the internship program shall agree to work at least 24 months for the department or a local agency as part of the supplemental food program for women, infants, and children under s. 253.06 upon successful completion of his or her internship. If the participant voluntarily terminates his or her employment with the supplemental food program for women, infants, and children before completing his or her obligated time under this subsection, or fails to take the dietetic registration examination within one year of internship completion, the participant must reimburse the department or a local agency for any incurred costs associated with his or her participation in the internship, including any income paid for internship-related work. 253.065(7)(a)(a) The department may promulgate rules necessary for administration of this section. 253.065(7)(b)(b) For the internship program under this section, the department shall promulgate rules to establish all of the following: 253.065(7)(b)1.1. Training criteria and program completion standards consistent with the accreditation standards required by the Accreditation Council for Education in Nutrition and Dietetics. 253.065(7)(b)3.3. In addition to the requirement under sub. (3), criteria and requirements for intern selection. 253.065(7)(b)4.4. Procedures for administration of the program by the supplemental food program for women, infants, and children. 253.065(8)(8) The department shall seek accreditation for the dietetic internship program under this section from the Accreditation Council for Education in Nutrition and Dietetics. The department may not begin accepting applicants for the internship program unless the program is granted accreditation by the Accreditation Council for Education in Nutrition and Dietetics. 253.065 HistoryHistory: 2015 a. 276. 253.07253.07 Women’s health block grant. 253.07(1)(a)(a) “Family planning” means voluntary action by individuals to prevent or aid conception. “Family planning” does not include the performance, promotion, encouragement or counseling in favor of, or referral either directly or through an intermediary for, voluntary termination of pregnancy, but may include the providing of nondirective information explaining any of the following: 253.07(1)(b)(b) “Family planning services” mean counseling by trained personnel regarding family planning; distribution of information relating to family planning; and referral to licensed nurse practitioners within the scope of their practice, licensed physicians or local health departments for consultation, examination, medical treatment and prescriptions for the purpose of family planning. “Family planning” does not include the performance, promotion, encouragement or counseling in favor of, or referral either directly or through an intermediary for, voluntary termination of pregnancy, but may include the providing of nondirective information explaining any of the following: 253.07(1)(c)(c) “Women’s health funds” means state funds appropriated under s. 20.435 (1) (f) or federal funds received by the state under Title V of the federal Social Security Act, 42 USC 701 to 713, that are allocated for the purposes described in this section. 253.07(2)(a)(a) The department shall provide for delivery of family planning services throughout the state by developing and by annually reviewing and updating a state plan for community-based family planning programs. 253.07(2)(b)(b) The department shall allocate women’s health funds under its control in a manner which will promote the development and maintenance of an integrated system of community health services. It shall maximize the use of existing community family planning services by encouraging local contractual arrangements. 253.07(2)(c)(c) The department shall coordinate the delivery of family planning services by allocating women’s health funds in a manner which maximizes coordination between the agencies. 253.07(2)(d)(d) The department shall encourage maximum coordination of family planning services between county social services departments, family planning agencies and local health departments to maximize the use of health, social service and welfare resources. 253.07(2)(e)(e) The department shall promulgate all rules necessary to implement and administer this section. 253.07(3)(3) Individual rights, medical privilege. 253.07(3)(a)(a) The request of any person for family planning services or his or her refusal to accept any service shall in no way affect the right of the person to receive public assistance, public health services or any other public service. Nothing in this section may abridge the right of the individual to make decisions concerning family planning, nor may any individual be required to state his or her reason for refusing any offer of family planning services. 253.07(3)(b)(b) Any employee of the agencies engaged in the administration of the provisions of this section may refuse to accept the duty of offering family planning services to the extent that the duty is contrary to his or her personal beliefs. A refusal may not be grounds for dismissal, suspension, demotion, or any other discrimination in employment. The directors or supervisors of the agencies shall reassign the duties of employees in order to carry out the provisions of this section. 253.07(3)(c)(c) All information gathered by any agency, entity or person conducting programs in family planning, other than statistical information compiled without reference to the identity of any individual or other information which the individual allows to be released through his or her informed consent, shall be considered a confidential medical record. 253.07(4)(4) Women’s health block grant services. From the appropriation under s. 20.435 (1) (f) and subject to sub. (5), the department shall distribute the following amounts for all of the following: 253.07(4)(a)(a) In each fiscal year, $225,000 to establish and maintain 2 city-based clinics for delivery of family planning services under this section, in the cities of Milwaukee, Racine, or Kenosha. 253.07(4)(b)(b) In each fiscal year, $67,500 to subsidize the provision of papanicolaou tests to individuals with low income by entities that receive women’s health funds. In this paragraph, “low income” means adjusted gross income that is less than 200 percent of the poverty line established under 42 USC 9902 (2). 253.07(4)(c)(c) In each fiscal year, $54,000 to subsidize the provision of follow-up cancer screening by entities that receive women’s health funds. 253.07(4)(d)(d) In each fiscal year, $31,500 as grants for employment in communities of licensed registered nurses, licensed practical nurses, certified nurse-midwives, or licensed physician assistants who are members of a racial minority. 253.07(4)(e)(e) In each fiscal year, $36,000 to initiate, in areas of high incidence of the disease chlamydia, education, and outreach programs to locate, educate, and treat individuals at high risk of contracting the disease chlamydia and their partners. 253.07(5)(a)(a) The department shall distribute women’s health funds only to public entities. These funds may be allocated for any activities for which funds were provided under this section before July 1, 2011, including pregnancy testing; perinatal care coordination and follow-up; cervical cancer screening; sexually transmitted infection prevention, testing, treatment, and follow-up; and general health screening. 253.07(5)(b)(b) Subject to par. (c), a public entity that receives women’s health funds under this section may provide some or all of the funds to other public or private entities provided that the recipient of the funds does not do any of the following: 253.07(5)(b)3.3. Have an affiliate that provides abortion services or makes referrals for abortion services. 253.07(5)(c)(c) Providing abortion services, making referrals for abortion services, or having an affiliate that provides abortion services or makes referrals for abortion services solely under the circumstances described in s. 20.927 (2) does not disqualify an entity from receiving women’s health funds from a public entity under par. (b). 253.07 AnnotationToward greater reproductive freedom: Wisconsin’s new family planning act. 1979 WLR 509.
253.075253.075 Family planning and related preventive health services grant. 253.075(1)(a)(a) “AIDS” means acquired immunodeficiency syndrome. 253.075(1)(c)(c) “Family planning and related preventive health services funds” means federal funds received by the state under Title X of the federal Public Health Service Act, 42 USC 300 to 300a-6, that are allocated for the purposes described in this section. 253.075(1)(e)(e) “Federally qualified health center” means a center that meets the requirements for federal funding under 42 USC 1396d (1) of the federal Public Health Service Act, and any amendments to that act, and that has been designated as a federally qualified health center by the federal government. 253.075(2)(a)(a) Beginning with the 2018 application deadline and before each subsequent application deadline thereafter for grant funds under Title X of the federal Public Health Service Act, 42 USC 300 to 300a-6, the department shall apply to the federal department of health and human services for grant funds under Title X of the federal Public Health Service Act, 42 USC 300 to 300a-6. 253.075(2)(b)(b) The department shall promulgate all rules necessary to implement and administer this section. 253.075(3)(3) Individual rights, medical privilege. 253.075(3)(a)(a) The request of any person for family planning services or his or her refusal to accept any service shall in no way affect the right of the person to receive public assistance, public health services, or any other public service. Nothing in this section may abridge the right of the individual to make decisions concerning family planning nor may any individual be required to state his or her reason for refusing any offer of family planning services. 253.075(3)(b)(b) Any employee of the agencies engaged in the administration of the provisions of this section may refuse to accept the duty of offering family planning services to the extent that the duty is contrary to his or her personal beliefs. A refusal may not be grounds for dismissal, suspension, demotion, or any other discrimination in employment. The directors or supervisors of the agencies shall reassign the duties of employees in order to carry out the provisions of this section. 253.075(3)(c)(c) All information gathered by any agency, entity, or person conducting programs in family planning, other than statistical information compiled without reference to the identity of any individual or other information that the individual allows to be released through his or her informed consent, shall be considered a confidential medical record. 253.075(4)(4) Family planning and preventive health services. Subject to sub. (5), the department shall distribute grants received under sub. (2) that may be used for family planning and related preventive health services, including any of the following: 253.075(4)(a)(a) Screening for cervical cancer and breast cancer. 253.075(4)(b)(b) Screening for high blood pressure, anemia, and diabetes. 253.075(4)(c)(c) Screening for sexually transmitted diseases and HIV or AIDS.
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