Foster homes owned, operated or contracted for by the Department of Health and Social Services or a county agency are immune from local zoning ordinances. Foster homes owned, operated or contracted for by licensed child welfare agencies are not immune. All family operated foster homes are subject to local zoning. Municipal foster home licensing ordinances are unenforceable. Zoning ordinances utilizing definitions of "family" to restrict the number of unrelated persons who may live in a single family dwelling are of questionable constitutionality. 63-34
Health care review
The provisions of secs. 146.37 and 146.38, Stats., do not apply to the health care review functions and practices of state agencies, particularly the Department of Health and Social Services. (Unpub.). 50-1979
Health Maintenance Organizations
Health Maintenance Organizations which contract with the Department of Health and Social Services to provide coverage to medical assistance recipients are required to offer continuation of benefits to those whose eligibility for medical assistance terminates pursuant to section 632.897(1). 74-149
Jail credit
The Department of Health and Social Services may not grant jail credit where it is not provided for by statute; credit is not to be granted to parolee for period of time spent in custody on new charge and conviction in foreign jurisdiction; credit is not to be granted for period of time revoked parolee spends in detention facility other than correctional facility nor for period of time revoked probationer spent in county jail on work-release as condition of probation. 71-102
Liability
Liability, reimbursement and collection for services provided under secs. 51.42 and 51.437, Stats., programs discussed. 63-560
Medicaid Patients
Discussion of federal and state law regarding the practice of requiring a prospective nursing home resident to forego medical assistance benefits for a stated period of time as a condition of admission. 75-14
Health Maintenance Organizations which contract with the Department of Health and Social Services to provide coverage to medical assistance recipients are required to offer continuation of benefits to those whose eligibility for medical assistance terminates pursuant to section 632.897(1). 74-149
Nursing home and hospital construction
The Department of Health and Social Services through its Board does not have statutory authority to adopt a rule requiring approval of nursing home and hospital construction on the basis of need. 62-153
Nursing homes
Discussion of federal and state law regarding the practice of requiring a prospective nursing home resident to forego medical assistance benefits for a stated period of time as a condition of admission. 75-14
Policy requirement relating to nursing home residents' freedom to choose health care provider (i.e., chiropractor) is invalid. Rule H32.07(2)(a) and sec. 146.309, Stats. (1975), discussed. 65-178
Prisons and prisoners
Department of Health and Social Services has power to compel cooperation of county and local officers in obtaining jail information. Sec. 46.16, Stats. 67-242
Section 46.16, Stats., does not convey authority to the Department of Health and Social Services to order methods of operation, numbers and qualifications of staff, standards for food service, and the nature of treatment and training programs in local places of confinement. Section 46.17, Stats., relates to construction and maintenance of confinement buildings and provides no additional authority to the Department under sec. 46.16, Stats. 63-267
Probation and parole
The Department of Health and Social Services has exclusive authority to detain and release a child who has violated the conditions of probation imposed by a court of criminal jurisdiction. The child need not be brought before a juvenile court intake worker if he or she is not also detained as a delinquent. The child can be held in the adult section of the county jail. 72-104
Purchase of all goods and services used by state government
Enactment of secs. 58 and 59 of ch. 418, Laws of 1977, placed the responsibility for the purchase of all goods and services used by state government with the Department of Administration. The purchase of all goods and services by the Department of Administration is made pursuant to subch. IV of ch. 16, Stats. 64 OAG 4 (1975) is no longer applicable. (Unpub.). 83-1979
Radioactive air emissions and water discharges
The Department of Health and Social Services may not establish rules which regulate radioactive air emissions and water discharges from facilities regulated by the United States Nuclear Regulatory Commission but may regulate radioactive air emissions and water discharges from other facilities. 72-185
Reimbursement
Liability, reimbursement and collection for services provided under secs. 51.42 and 51.437, Stats., programs discussed. 63-560
Restaurants
Discussion of coverage of licensing requirements for restaurants under sec. 50.50(3), Stats., in light of amendments to sec. 97.28, Stats., regarding the licensing of delicatessen operations. (Unpub.). 85-1977
Revocation proceedings
When required by the right effectively to present a defense, the Department of Health and Social Services, having authority to do so, in the exercise of sound discretion must issue, and for an indigent pay the costs of, compulsory process to obtain the attendance of witnesses on behalf of probationers and parolees at revocation proceedings. 63-176
Social Services, County Department of
Power to classify positions in a County Department of Social Services resides in the state Department of Health and Social Services and not in a county board or in a committee of such county board. 65-123
Vocational rehabilitation information
Section 47.40(13), Stats., precludes the release of vocational rehabilitation information for the purpose of determining legal settlement of a dependent person. 65-142
Wisconsin Council on Developmental Disabilities
Wisconsin Council on Developmental Disabilities is an advisory council but has additional authority and responsibilities. (Unpub.). 47-1976
HEALTH MAINTENANCE ORGANIZATIONS
See HEALTH AND SOCIAL SERVICES, DEPARTMENT OF
HEALTH, STATE BOARD OF
State Laboratory of Hygiene
State Laboratory of Hygiene may charge fees for tests not conducted for local units of government, but it is not required to do so. Sec. 36.25(11)(f), Stats. (Unpub.). 49 1981
HIGHER EDUCATION AIDS BOARD
See WISCONSIN HIGHER EDUCATION CORPORATION
HIGHER EDUCATION CORPORATION
See WISCONSIN HIGHER EDUCATION CORPORATION
HIGHWAYS
See also COUNTY HIGHWAY COMMISSIONER; COUNTY HIGHWAY COMMITTEE
Advertising signs, removal of
Highway maintenance authorities may summarily remove unauthorized nontraffic signs placed within the limits of highway rights of way. 74-219
Closing of
Where county has contract to maintain state trunk highways, county highway commissioner can temporarily close state trunk highway in case of emergency. Sec. 86.06(1), Stats. Sheriff has power to temporarily close any highway in county in case of emergency and to divert traffic. Secs. 59.24(1) and 349.02, Stats. 67-335
Condemnation
Tenants operating a business or farm are entitled to business or farm replacement costs payable pursuant to sec. 32.19(4m), Stats. 68-114
Construction
The Department of Natural Resources does not have authority to waive the permit requirements of sec. 30.12(2), Stats., for individuals who would otherwise be subject to the statute; however, chs. 30 and 83, Stats., read together, indicate that county highway construction is not subject to the permit requirements of sec. 30.12(2), Stats. 64-91
County Board
Section 83.025(1), Stats., as amended by ch. 160, Laws of 1973, does not require counties to develop a functional and jurisdictional classification of highways. Nor is a properly approved classification plan a prerequisite to a county board's exercise of its authority pursuant to sec. 83.025(1), Stats., as amended, to incorporate town roads into the county trunk highway system without prior approval of town boards. 63-125
