AB150,1091,2217 49.687 (1) The department shall promulgate rules that require a person who
18is eligible for benefits under s. 49.48, 49.483 or 49.485 49.68, 49.683 or 49.685 and
19whose current income exceeds specified limits to obligate or expend specified
20portions of the income for medical care for treatment of kidney disease, cystic fibrosis
21or hemophilia before receiving benefits under s. 49.48, 49.483 or 49.485 49.68, 49.683
22or 49.685.

AB150,1092,103 49.687 (2) The department shall develop and implement a sliding scale of
4patient liability for kidney disease aid under s. 49.48 49.68, cystic fibrosis aid under
5s. 49.483 49.683 and hemophilia treatment under s. 49.485 49.685, based on the
6patient's ability to pay for treatment. To ensure that the needs for treatment of
7patients with lower incomes receive priority within the availability of funds under
8s. 20.435 (1) (e), the department shall revise the sliding scale for patient liability by
9January 1, 1994, and shall, every 3 years thereafter by January 1, review and, if
10necessary, revise the sliding scale.

AB150,1092,1812 49.49 (6) Recovery. In addition to other remedies available under this section,
13the court may award the department of justice the costs of investigation, an amount
14reasonably necessary to remedy the harmful effects of the violation and the expenses
15of prosecution, including attorney fees, from any person who violates this section.
16The department of justice shall deposit in the state treasury for deposit in the general
17fund all moneys that the court awards to the department or the state under this
18subsection.

AB150,1092,2121 49.493 (1) (intro.) In this section, "uninsured:

AB150,1092,24 22(c) "Uninsured health plan" means a partially or wholly uninsured plan,
23including a plan that is subject to 29 USC 1001 to 1461, providing health care
24benefits.

AB150,1093,4

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149.493 (1) (a) "Department or contract provider" means the department, the
2county providing the medical benefits or assistance or a health maintenance
3organization that has contracted with the department to provide the medical
4benefits or assistance.

AB150,1093,76 49.493 (1) (b) "Medical benefits or assistance" means medical benefits under
7s. 49.02 or 49.046 or medical assistance.

AB150,1093,129 49.493 (2) The providing of medical benefits or assistance constitutes an
10assignment to the department or contract provider, to the extent of the medical
11benefits or assistance benefits provided, for benefits to which the recipient would be
12entitled under any uninsured health plan.

AB150,1093,1814 49.493 (3) (d) Impose on the department or contract provider, as assignee of a
15person or a person's dependent who is covered under the uninsured health plan and
16who is eligible for medical benefits or assistance, requirements that are different
17from those imposed on any other agent or assignee of a person who is covered under
18the uninsured health plan.

AB150,1093,2120 49.493 (4) Benefits provided by an uninsured health plan shall be primary to
21those benefits provided under medical benefits or assistance.

AB150,1094,8 2349.495 Jurisdiction of the department of justice. The department of
24justice or the district attorney may institute, manage, control and direct, in the
25proper county, any prosecution for violation of criminal laws affecting the medical

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1assistance program including but not limited to laws relating to medical assistance
2contained in this chapter subchapter and laws affecting the health, safety and
3welfare of recipients of medical assistance. For this purpose the department of
4justice shall have and exercise all powers conferred upon district attorneys in such
5cases. The department of justice or district attorney shall notify the medical
6examining board or the interested affiliated credentialing board of any such
7prosecution of a person holding a license granted by the board or affiliated
8credentialing board.

AB150,1094,1311 49.496 (3) (a) 2. a. Home-based or community-based services under 42 USC
121396d (7) and (8) and under any waiver granted under 42 USC 1396n (c) (4) (B) or
1342 USC 1396u.

AB150,1095,315 49.496 (4) Administration. The department may require a county department
16under s. 46.215 or, 46.22 or 46.23 or the governing body of a federally recognized
17American Indian tribe administering medical assistance to gather and provide the
18department with information needed to recover medical assistance under this
19section. The department shall pay to a county department or tribal governing body
20an amount equal to 5% of the recovery collected by the department relating to a
21beneficiary for whom the county department or tribal governing body made the last
22determination of medical assistance eligibility. A county department or tribal
23governing body may use funds received under this subsection only to pay costs
24incurred under this subsection and, if any amount remains, to pay for improvements
25to functions required under s. 46.032 49.33 (2). The department may withhold

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1payments under this subsection for failure to comply with the department's
2requirements under this subsection. The department shall treat payments made
3under this subsection as costs of administration of the medical assistance program.

AB150,1095,115 49.496 (5) Use of funds. From the appropriation under s. 20.435 (1) (im), the
6department shall pay the amount of the payments under sub. (4) that is not paid from
7federal funds, shall pay to the federal government the amount of the funds recovered
8under this section equal to the amount of federal funds used to pay the benefits
9recovered under this section and shall spend the remainder of the funds recovered
10under this section for medical assistance benefits administered under s. 49.45 under
11this subchapter.

AB150,1095,1913 49.497 (2e) A county or elected governing body of a federally recognized
14American Indian tribe may assess a fee on a person who fails to comply with a plan
15for recovering benefits distributed under s. 49.46, 49.468 or 49.47, if the person is no
16longer eligible for benefits under those sections. The fee may not exceed 10% of the
17amount remaining to be recovered at the time of the noncompliance and may not be
18assessed more than once with respect to the same overpayment. The fee may be
19retained by the county or tribal governing body.

AB150,1095,2521 49.497 (2m) The department may charge a county, or an elected governing body
22of a federally recognized American Indian tribe or band, for the administrative costs
23that are incurred by the department of health and social services and the department
24of revenue and that are related to certifications under s. 46.254 (2) to recover
25payments made incorrectly for benefits under s. 49.46, 49.468 or 49.47.

AB150,1096,73 49.497 (2m) The department may charge a county, or an elected governing body
4of a federally recognized American Indian tribe or band, for the administrative costs
5that are incurred by the department of health and social services and the department
6of revenue and that are related to certifications under s. 46.254 49.85 (2) (a) to recover
7payments made incorrectly for benefits under s. 49.46, 49.468 or 49.47.

AB150,1096,1614 49.001 (1) In this section, "child "Child care provider" means a child care
15provider that is licensed under s. 48.65 (1), certified under s. 48.651 or established
16or contracted for under s. 120.13 (14).

AB150,1097,5

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149.33 (7) County personnel systems. Pursuant to rules promulgated under
2sub. (2) (4), the department where requested by the county shall delegate to that
3county, without restriction because of enumeration, any or all of the department's
4authority under sub. (2) (4) to establish and maintain personnel standards including
5salary levels.

AB150,1097,178 49.82 (1) (title) Department Departments to advise counties. The department
9of health and social services and the department of industry, labor and human
10relations shall advise all county officers charged with the administration of such
11laws of these requirements relating to public assistance programs under this chapter
12and shall render all possible assistance in securing compliance therewith, including
13the preparation of necessary blanks and reports. The department of health and
14social services and the department of industry, labor and human relations shall also
15publish such information as it deems advisable to acquaint persons entitled to public
16assistance and the public generally with the laws governing the same public
17assistance under this chapter.

AB150,1098,221 49.50 (6e) (b) Within the limits of funds available under s. 20.435 (4) (cn) and
22(na) and (6) (jg), the department shall provide funds for individuals who are working
23and who receive aid to families with dependent children to pay child care costs in
24excess of the amount of the child care disregard under s. 49.19 (5) (a) and child care

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1costs incurred before the child care disregard under s. 49.19 (5) (a) becomes available
2if the child care is provided by a child care provider.

AB150,1098,115 49.191 (1) (b) Within the limits of funds available under s. ss. 20.435 (4) (cn)
6and (na) and (6) (3) (jg) and 20.445 (3) (cn) and (na), the department shall provide
7funds for individuals who are working and who receive aid to families with
8dependent children to pay child care costs in excess of the amount of the child care
9disregard under s. 49.19 (5) (a) and child care costs incurred before the child care
10disregard under s. 49.19 (5) (a) becomes available if the child care is provided by a
11child care provider.

AB150,1098,1514 49.50 (6k) (title) Administration of day child care funds under the aid to
15families with dependent children program.

AB150,1099,220 49.191 (3) (a) County departments under ss. 46.215, 46.22 and 46.23 shall
21administer the funds appropriated for the purpose of providing child care under
22subs. (6e) (b) and (6g) (1) (b) and (2) for recipients and former recipients of aid under
23s. 49.19 and under sub. (7) (e) s. 49.26 (1) (e) for participants in the learnfare

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1program. The department shall allocate funds to county departments under ss.
246.215, 46.22 and 46.23 for the purposes of this paragraph.

AB150,1099,105 49.191 (3) (b) Beginning on January 1, 1994, a county department under s.
646.215, 46.22 or 46.23 may, with the approval of the department, provide payment
7for, or reimbursement of, child care under sub. (1) (a) or s. 49.193 (8) or 49.50 (6e) (a)
8using funds allocated under par. (a). The department shall approve or disapprove
9this use of funds under criteria established to maximize state and federal funding
10available for child care.

AB150,1099,1512 49.50 (6k) (c) Notwithstanding s. 49.41, the department shall promptly recover
13all overpayments made under subs. (6e), (6g) and (7) (e) and ss. 49.193 (8) and 49.27
14(6) (c). The department shall promulgate rules establishing policies and procedures
15to administer this paragraph.

AB150,1099,2118 49.191 (3) (c) Notwithstanding s. 49.41 49.96, the department shall promptly
19recover all overpayments made under subs. (6e), (6g), and (7) (e) (1) and (2) and ss.
2049.193 (8), 49.26 (1) (e) and 49.27 (6) (c). The department shall promulgate rules
21establishing policies and procedures to administer this paragraph.

AB150,1100,3 349.26 (title) Learnfare pilot program.

AB150,1100,186 49.50 (7) (e) For an individual who is a recipient of aid under s. 49.19, who is
7the parent with whom a dependent child lives and who is either required to attend
8subject to the school attendance requirement under par. (g) (ge) or is under 20 years
9of age and wants to attend school, the department shall make a monthly payment
10to the individual or the child care provider for the month's child care costs in an
11amount based on need with the maximum amount per child equal to the lesser of the
12actual cost of the care or the rate established under s. 46.98 (4) (d) or, if a higher rate
13is established under s. 46.98 (4) (e) and if the child care meets the quality standards
14established under s. 46.98 (4) (e), in an amount based on need with the maximum
15amount per child equal to the lesser of the actual cost of the care or the rate
16established under s. 46.98 (4) (e), if the individual demonstrates the need to purchase
17child care services in order to attend school and those services are available from a
18child care provider.

AB150,1101,52 49.50 (7) (g) (intro.) An individual who is a recipient of aid under s. 49.19 shall
3attend school to meet the participation requirements of the program under this
4subsection is subject to the school attendance requirement under par. (ge) if all of the
5following apply:

AB150,1101,97 49.50 (7) (ge) An individual who is subject to this paragraph fails to meet the
8school attendance requirement if the individual is a habitual truant, as defined
9under s. 118.16 (1) (a).

AB150,1101,1613 49.50 (7) (gm) The first time that an individual fails to meet the requirements
14school attendance requirement under par. (g) (ge), the county department under s.
1546.215, 46.22 or 46.23 shall offer case management services described in s. 46.62 to
16the individual and his or her family.

AB150,1101,2219 49.26 (1) (gm) The first time that an individual fails to meet the school
20attendance requirement under par. (ge), the county department under s. 46.215,
2146.22 or 46.23 shall offer case management services described in s. 46.62 sub. (2) to
22the individual and his or her family.