Chapter 49

49.02(1)(c)2. 2. How the 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)(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.

49.02(1e) (1e) Relief agencies. If a tribal governing body is eligible to receive a relief block grant, the tribal governing body shall establish or designate a relief agency to administer relief under this section.

49.02(2) (2) Contracting with private health care providers. A relief agency may use a relief block grant to provide health care services directly or, if the conditions in this subsection are met, by contracting with private health care providers, or by a combination of contracting with private health care providers and providing services directly. A relief agency may contract with a private health care provider to provide health care services under this subsection only if all of the following conditions are met:

49.02(2)(a) (a) The relief agency enters into a contract with the private health care provider to provide specified health care services.

49.02(2)(b) (b) The contract between the relief agency and the private health care provider provides that all records of the health care provider relating to the administration and provision of the health care services shall be open to inspection at all reasonable hours by authorized representatives of the tribal governing body and the department.

49.02(2)(d) (d) The contract limits payment for services under the contract to the amount payable by medical assistance for care for which a medical assistance rate exists.

49.02(2)(e) (e) The contract does not provide for payment for hospitalization or care provided as uncompensated services required under 42 USC 291c.

49.02(2)(f) (f) The contract prohibits the health care provider from holding an individual recipient of health care services funded under this section liable for the difference between the costs of the health care services and the amount paid to the health care provider by the tribal governing body for the services.

49.02(5) (5) Liability for health care services.

49.02(5)(b) (b) A relief agency is not liable for health care services provided to a dependent person if the hospital provides the health care services to the person as uncompensated services required under 42 USC 291c.

49.02(5)(bm) (bm) A relief agency shall limit its liability for health care services funded by a relief block grant to the amount payable by medical assistance under subch. IV for care for which a medical assistance rate exists.

49.02(6g) (6g) Liability of recipients. No individual who receives health care services funded by a relief block grant may be liable for the difference between the costs of the services charged by the health care provider and the amount paid by the relief agency.

49.02(7) (7) Notification requirement. Whenever the department or a relief agency has reason to believe that a person receiving relief is engaging in conduct or behavior prohibited in ch. 944 or ss. 940.225, 948.02, 948.025 or 948.06 to 948.11 the department or relief agency shall promptly notify the law enforcement officials of the county thereof, including facts relating to such person’s alleged misconduct or illegal behavior.

49.02(7m) (7m) Rules. The department shall promulgate rules regarding use of relief block grants. The rules shall include all of the following:

49.02(7m)(a) (a) Procedures that relief agencies shall follow in making eligibility determinations.

49.02(7m)(b) (b) Procedures for appealing eligibility determinations under s. 49.015. These procedures shall provide for notice, fair hearing and review.

49.02(7m)(c) (c) Procedures that relief agencies shall follow to obtain relief block grants under sub. (1).

49.02(7m)(d) (d) Standards for a waiver of any eligibility requirement under s. 49.015.

49.02(11) (11) Department of transportation records. A relief agency may use vehicle registration information from the department of transportation in determining eligibility for relief.

49.02 History History: 1975 c. 184 s. 13; 1981 c. 20, 317; 1983 a. 27 ss. 1005 to 1011, 2202 (20); 1983 a. 205; 1985 a. 29 ss. 936g to 962m, 3200 (23); 1985 a. 120; 1987 a. 18, 27; 1987 a. 332 s. 64; 1989 a. 31, 56, 359; 1991 a. 39, 322; 1993 a. 227, 437; 1995 a. 18, 27; 2007 a. 20; 2009 a. 28.

49.02 Cross-reference Cross-reference: See also chs. DHS 250 and 251, Wis. adm. code.

49.029 49.029 Block grants to tribal governing bodies; medical relief.

49.029(1) (1) Applicability. This section applies only to tribal governing bodies.

49.029(2) (2) Amount and distribution of relief block grant. From the appropriation under s. 20.435 (4) (kb), the department shall distribute a relief block grant to each eligible tribal governing body in an amount and in a manner determined in accordance with rules promulgated by the department. The department shall promulgate the rules after consulting with all tribal governing bodies eligible for a relief block grant. In promulgating rules under this section, the department shall consider each tribe’s economic circumstances and need for health care services.

49.029(3) (3) Use of relief block grant funds. A tribal governing body may use moneys received as a relief block grant only for the purpose of providing health care services to dependent persons. Notwithstanding s. 49.01 (2g), health care services may include treatment services for alcohol and other drug abuse and mental health services.

49.029 History History: 1995 a. 27, 216; 1997 a. 27; 1999 a. 9, 185; 2007 a. 20.

49.029 Cross-reference Cross-reference: See also ch. DHS 250, Wis. adm. code.

49.08 49.08 Recovery of relief and other assistance. If any person is the owner of property at the time of receiving general relief under ch. 49, 1993 stats., relief funded by a relief block grant or other assistance as an inmate of any county or municipal institution in which the state is not chargeable with all or a part of the inmate’s maintenance or as a tuberculosis patient provided for in ss. 252.07 to 252.10, or at any time thereafter, or if the person becomes self-supporting, the authorities charged with the care of the dependent, or the board in charge of the institution, may sue for the value of the relief or other assistance from the person or the person’s estate. Except as otherwise provided in this section, the 10-year statute of limitations may be pleaded in defense in an action to recover relief or other assistance. Where the recipient of relief or other assistance is deceased, a claim may be filed against the decedent’s estate and the statute of limitations specified in s. 859.02 shall be exclusively applicable. The court may refuse to render judgment or allow the claim in any case where a parent, spouse, surviving spouse or child is dependent on the property for support. The court in rendering judgment shall take into account the current family budget requirement as fixed by the U.S. department of labor for the community or as fixed by the authorities of the community in charge of public assistance. The records kept by the municipality, county or institution are prima facie evidence of the value of the relief or other assistance furnished.

49.08 History History: 1975 c. 94; 1975 c. 413 s. 18; 1979 c. 102 s. 237; 1983 a. 27; 1985 a. 29; 1989 a. 96; 1993 a. 27; 1995 a. 27; 1999 a. 9.

49.08 Annotation A dependent of a relief applicant incurs no liability to repay any portion of relief granted under the application. Claims against the recipient’s estate are not limited to recovery of relief granted less than ten years prior to death. Ames v. Kenosha County Department of Social Services, 81 Wis. 2d 32, 259 N.W.2d 701 (1977).

subch. III of ch. 49 SUBCHAPTER III

CHILDREN AND FAMILY SUPPORT SERVICES

49.11 49.11 Definitions. In this subchapter:

49.11(1c) (1c) “Community-based juvenile delinquency-related services” means juvenile delinquency-related services provided under ch. 938 other than services provided for a juvenile who is under the supervision of the department of corrections under s. 938.183, 938.34 (4h) or (7g), or 938.357 (3) or (4).

49.11(1e) (1e) “Department” means the department of children and families.

49.11(2) (2) “Secretary” means the secretary of children and families.

49.11 History History: 1995 a. 27 ss. 2770, 9130 (4); 1997 a. 3; 2007 a. 20; 2015 a. 55; 2017 a. 185; 2019 a. 8 ss. 14, 71.

49.114 49.114 Contract powers of the department.

49.114(1) (1) Religious organizations; legislative purpose. The purpose of this section is to allow the department to contract with, or award grants to, religious organizations, under any program administered by the department, on the same basis as any other nongovernmental provider without impairing the religious character of such organizations, and without diminishing the religious freedom of beneficiaries of assistance funded under such program.

49.114(2) (2) Nondiscrimination against religious organizations. If the department is authorized under ch. 16 to contract with a nongovernmental entity, or is authorized to award grants to a nongovernmental entity, religious organizations are eligible, on the same basis as any other private organization, as contractors under any program administered by the department so long as the programs are implemented consistent with the First Amendment of the U.S. Constitution and article I, section 18, of the Wisconsin Constitution. Except as provided in sub. (10), the department may not discriminate against an organization that is or applies to be a contractor on the basis that the organization has a religious character.

49.114(3) (3) Religious character and freedom.

49.114(3)(a) (a) The department shall allow a religious organization with which the department contracts or to which the department awards a grant to retain its independence from state and local governments, including the organization’s control over the definition, development, practice and expression of its religious beliefs.

49.114(3)(b) (b) The department may not require a religious organization to alter its form of internal governance or to remove religious art, icons, scripture or other symbols in order to be eligible for a contract or grant.

49.114(4) (4) Rights of beneficiaries of assistance. If an individual has an objection to the religious character of the organization or institution from which the individual receives, or would receive, assistance funded under any program administered by the department, the department shall provide such individual, if otherwise eligible for such assistance, within a reasonable period of time after the date of the objection with assistance from an alternative provider that is accessible to the individual. The value of the assistance offered by the alternative provider may not be less than the value of the assistance which the individual would have received from the religious organization.

49.114(5) (5) Employment practices. To the extent permitted under federal law, a religious organization’s exemption provided under 42 USC 2000e-la regarding employment practices is not affected by its participation in, or receipt of funds from, programs administered by the department.

49.114(6) (6) Nondiscrimination against beneficiaries. A religious organization may not discriminate against an individual in regard to rendering assistance funded under any program administered by the department on the basis of religion, a religious belief or refusal to actively participate in a religious practice.

49.114(7) (7) Fiscal accountability.

49.114(7)(a) (a) Except as provided in par. (b), any religious organization that contracts with, or receives a grant from, the department is subject to the same laws and rules as other contractors to account in accord with generally accepted auditing principles for the use of such funds provided under such programs.

49.114(7)(b) (b) If the religious organization segregates funds provided under programs administered by the department into separate accounts, then only the financial assistance provided with those funds shall be subject to audit.

49.114(8) (8) Compliance. Any party that seeks to enforce its rights under this section may assert a civil action for injunctive relief against the entity or agency that allegedly commits the violation.

49.114(9) (9) Limitations on use of funds for certain purposes. No funds provided directly to religious organizations by the department may be expended for sectarian worship, instruction or proselytization.

49.114(10) (10) Preemption. Nothing in this section may be construed to preempt any provision of federal law, the U.S. Constitution, the Wisconsin Constitution or any other statute that prohibits or restricts the expenditure of federal or state funds in or by religious organizations.

49.114 History History: 1997 a. 27.

49.114 Annotation Grants to a faith-based counseling organization that integrated religion into its counseling program were unconstitutional when there were insufficient safeguards in place to insure that public funding did not contribute to a religious end. Freedom From Religion Foundation, Inc. v. McCallum, 179 F. Supp. 2d 950 (2002).

49.131 49.131 Electronic transfer of benefits.

49.131(1) (1) The department shall request any necessary authorization from the appropriate federal agency to deliver benefits that are administered by the department to recipients of benefits by an electronic benefit transfer system.

49.131(2) (2) Subject to receiving any necessary approval from the appropriate federal agency under sub. (1), and subject to sub. (3m), the department may implement a program to deliver by an electronic benefit transfer system any benefit that is administered by the department.

49.131(3m) (3m) Prior to implementing, and receiving funding for implementing, any program to deliver by electronic means Wisconsin Works benefits or child care subsidies under s. 49.155, the department shall submit a plan for implementation to the joint committee on finance. Any plan submitted by the department shall include specific information on the vendor selected, the total start-up and ongoing costs, and how issues of fraud and program integrity will be addressed. If the department submits a plan and the cochairpersons of the committee do not notify the department within 14 working days after the date that the department submits the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the plan may be implemented and the department shall receive the necessary funding. If, within 14 working days after the date that the department submits a plan, the cochairpersons notify the department that the committee has scheduled a meeting for the purpose of reviewing the plan, the plan may be implemented, and funding received, only upon approval of the committee.

49.131 History History: 2001 a. 16 ss. 1656ug, 1656uh, 1656uv, 1656uw; 2013 a. 20.

49.132 49.132 Community-based option for elementary school readiness.

49.132(1) (1) Definitions. In this section:

49.132(1)(a) (a) “Child care provider” means a provider licensed under s. 48.65 or certified under s. 48.651.

49.132(1)(b) (b) “Elementary school readiness program” means an instructional program that provides 4-year-old children with the social and cognitive skills to successfully transition to 5-year-old kindergarten in an elementary school setting.

49.132(1)(c) (c) “School year” has the meaning given in s. 115.001 (13).

49.132(2) (2) Program. The department shall establish a community-based option for an elementary school readiness program under which a participating child care provider offers an elementary school readiness program to eligible children during the school year and receives funding from the department for each eligible child participating in the program.

49.132(3) (3) Eligibility.

49.132(3)(a) (a) Child care providers. A child care provider is eligible to participate in the program under this section if the child care provider satisfies all of the following:

49.132(3)(a)1. 1. Is in compliance with all legal, financial, and regulatory requirements imposed by law or by department rule.

49.132(3)(a)2. 2. Demonstrates to the department that it will annually provide at least 437 hours of direct child instruction in elementary school readiness to children participating in the program.

49.132(3)(a)3. 3. Demonstrates to the department that, for purposes of the program under this section, it uses a curriculum that meets the department of public instruction’s model early learning standards.

49.132(3)(a)4. 4. By no later than February 1 of the preceding school year, notifies the department of its intent to participate in the elementary school readiness program under this section according to application requirements established by the department.

49.132(3)(a)5. 5. Does not have a contract with a school district to provide a 4-year-old kindergarten for the school year in which the child care provider intends to participate in the program.

49.132(3)(b) (b) Children. A child is eligible to participate in the program under this section if all of the following apply:

49.132(3)(b)1. 1. The child is 4 years old on or before September 1 in the school year that the child proposes to participate in the program.

49.132(3)(b)2. 2. The child’s parent or guardian submits an application to participate in the program under this section, on a form prepared by the department, to a participating child care provider.

49.132(3)(b)3. 3. A participating child care provider has accepted the child’s application to attend the elementary school readiness program offered by the child care provider under this section.

49.132(4) (4) Participating child care providers; annual notice. Annually, by February 15, the department shall post on its website a list of all child care providers that have submitted a notice of intent to participate in the program under this section in the following school year. The department shall include all of the following for each participating child care provider:

49.132(4)(a) (a) The name of the child care provider.

49.132(4)(b) (b) The address at which the program under this section will be provided.

49.132(4)(c) (c) The name of and contact information for the provider or an employee of the provider who can answer questions about a child participating in the program under this section at the child care provider.

49.132(4)(d) (d) The number of spaces available with the child care provider for children participating in the program under this section.

49.132(5) (5) Funding.

49.132(5)(a) (a)

49.132(5)(a)1. 1. Except as provided in subd. 2., from the appropriation under s. 20.437 (2) (cr), for each child participating in an elementary school readiness program offered by a child care provider under this section, the department shall pay to the child care provider participating in the program under this section 0.6 times the sum of the revenue ceiling, as defined in s. 121.905 (1), for the current school year and the per pupil amount under s. 115.437 (2) (a) for the current school year.

49.132(5)(a)2. 2. If the appropriation under s. 20.437 (2) (cr) is insufficient to pay the full amount of costs under subd. 1., the department shall prorate payments among the participating child care providers under this section.

49.132(5)(b) (b) The department shall pay 25 percent of the total amount under par. (a) in September, 25 percent in November, 25 percent in February, and 25 percent in May. Each installment may consist of a single check for all children participating in the elementary school readiness program offered by the child care provider.

49.132(5)(c) (c) A child care provider may use payments received under this subsection to cover any costs associated with providing the program under this section. If a child is participating in the program under this section, the child care provider may charge additional amounts to provide care and supervision for that child outside of the elementary school readiness program hours.