AB150,1048,1312 2. If the total funeral and burial expenses are more than $1,000 but not more
13than $2,000, 50% of the total funeral and burial expenses.
AB150,1048,1414 3. If the total funeral and burial expenses are more than $2,000, $0.
AB150, s. 2926 15Section 2926. 49.30 (2) of the statutes is amended to read:
AB150,1049,316 49.30 (2) The state shall reimburse a county or applicable tribal governing body
17or organization for any amount paid that the county or applicable tribal governing
18body or organization is required to pay
under sub. (1) (a). The state shall reimburse
19a county or applicable tribal governing body or organization for the amount paid
20under sub. (1) (b) if the total amount of actual expenses paid for a deceased recipient
21under sub. (1) (b) does not exceed the amount specified in sub. (1) (b). If the total
22amount of actual expenses paid for a deceased recipient under sub. (1) (b) exceeds the
23amount specified in sub. (1) (b), the state may not reimburse a county or applicable
24tribal governing body or organization for such amount unless
cemetery expenses or
25for funeral and burial expenses for persons described under sub. (1) that the county

1or applicable tribal governing body or organization is not required to pay under that
2subsection only if
the department approves the reimbursement due to unusual
3circumstances.
AB150, s. 2927 4Section 2927. 49.32 (title), (1), (2) and (6) of the statutes are created to read:
AB150,1049,13 549.32 (title) Department; powers and duties. (1) Uniform fee schedule,
6liability and collections.
(a) The department shall establish a uniform system of
7fees for services provided or purchased under this subchapter by the department, or
8a county department under s. 46.215, 46.22 or 46.23, except for provision of child
9support and paternity establishment services to recipients of aid to families with
10dependent children or where, as determined by the department, a fee is
11administratively unfeasible or would significantly prevent accomplishing the
12purpose of the service. A county department under s. 46.215, 46.22 or 46.23 shall
13apply the fees which it collects under this program to cover the cost of such services.
AB150,1049,2014 (b) Any person receiving services provided or purchased under par. (a) or the
15spouse of the person and, in the case of a minor, the parents of the person, and, in the
16case of a foreign child described in s. 48.839 (1) who became dependent on public
17funds for his or her primary support before an order granting his or her adoption, the
18resident of this state appointed guardian of the child by a foreign court who brought
19the child into this state for the purpose of adoption, shall be liable for the services in
20the amount of the fee established under par. (a).
AB150,1049,2421 (c) The department shall make collections from the person who in the opinion
22of the department is best able to pay, giving due regard to the present needs of the
23person or of his or her lawful dependents. The department may bring an action in
24the name of the department to enforce the liability established under par. (b).
AB150,1050,3
1(d) The department may compromise or waive all or part of the liability for
2services received. The sworn statement of the secretary shall be evidence of the
3services provided and the fees charged for the services.
AB150,1050,74 (e) The department may delegate to county departments under s. 46.215, 46.22
5or 46.23 and other providers of care and services the powers and duties vested in the
6department by pars. (c) and (d) as it considers necessary to efficiently administer this
7subsection, subject to such conditions as the department considers appropriate.
AB150,1050,118 (g) The department shall return to county departments under s. 46.215, 46.22
9or 46.23 50% of collections made by the department for delinquent accounts
10previously delegated under par. (e) and then referred back to the department for
11collections.
AB150,1050,16 12(2) Payment of benefits. (a) The department may make payments directly to
13recipients of public assistance or to such persons authorized to receive such
14payments in accordance with law and rules of the department on behalf of the
15counties. The department may charge the counties for the cost of operating public
16assistance systems which make such payments.
AB150,1050,1917 (b) The department may make social services payments directly to recipients,
18vendors or providers in accordance with law and rules of the department on behalf
19of the counties which have contracts to have such payments made on their behalf.
AB150,1050,2420 (c) A county department under s. 46.215, 46.22 or 46.23 shall provide the
21department with information which the department shall use to determine each
22person's eligibility and amount of payment. A county department under s. 46.215,
2346.22 or 46.23 shall provide the department all necessary information in the manner
24prescribed by the department.
AB150,1051,2
1(d) The department shall disburse from state or federal funds or both the entire
2amount and charge the county for its share under s. 49.33 (8) and (9).
AB150,1051,12 3(6) Welfare reform studies. The department shall request proposals from
4persons in this state for studies of the effectiveness of various program changes,
5referred to as welfare reform, to the aid to families with dependent children program,
6including the requirement that certain recipients of aid to families with dependent
7children with children under age 6 participate in training programs, the learnfare
8school attendance requirement under s. 49.26 (1) (g) and the modification of the
9earned income disregard under s. 49.19 (5) (am). The studies shall evaluate the
10effectiveness of the various efforts, including their cost-effectiveness, in helping
11individuals gain independence through the securing of jobs and providing financial
12incentives and in identifying barriers to independence.
AB150, s. 2928 13Section 2928. 49.32 (8) of the statutes is created to read:
AB150,1051,2214 49.32 (8) Periodic earnings check by department. The department shall make
15a periodic check of the amounts earned by recipients of aid to families with dependent
16children under s. 49.19 through a check of the amounts credited to the recipient's
17social security number. The department shall make an investigation into any
18discrepancy between the amounts credited to a social security number and amounts
19reported as income on the declaration application and take appropriate action under
20s. 49.95 when warranted. The department shall use the state wage reporting system
21under 1985 Wisconsin Act 17, section 65 (1), when the system is implemented, to
22make periodic earnings checks.
AB150, s. 2929 23Section 2929. 49.32 (9) (title) of the statutes is created to read:
AB150,1051,2524 49.32 (9) (title) Monthly reports of recipients of aid to families with
25dependent children.
AB150, s. 2930
1Section 2930. 49.32 (10) (title) of the statutes is created to read:
AB150,1052,32 49.32 (10) (title) Release of recipient's addresses to law enforcement
3officers.
AB150, s. 2931 4Section 2931. 49.32 (11) of the statutes is created to read:
AB150,1052,85 49.32 (11) Community action agencies. (a) The department shall distribute
6funds to community action agencies for the program under s. 46.30 (4) (cm) 1., if the
7department of health and social services contracts for this service under s. 46.30 (4)
8(cm) 2.
AB150,1052,119 (b) If par. (a) applies, the department shall provide relevant information to the
10secretary of health and social services for completion of the report required under s.
1146.014 (4).
AB150, s. 2932 12Section 2932. 49.325 of the statutes is created to read:
AB150,1052,16 1349.325 County department budgets and contracts. (1) Budget. (a) Each
14county department under s. 46.215, 46.22 or 46.23 shall submit its final budget for
15services directly provided or purchased under this subchapter to the department by
16December 31 annually.
AB150,1052,1817 (b) The department shall submit a model of the contract under sub. (2g) (a) to
18each county department under s. 46.215, 46.22 or 46.23 by May 1 annually.
AB150,1052,23 19(2) Assessment of needs. Before developing and submitting a proposed budget
20for services directly provided or purchased under this subchapter to the county
21executive or county administrator or the county board, the county departments listed
22in sub. (1) shall assess needs and inventory resources and services, using an open
23public participation process.
AB150,1053,13 24(2g) Contract. (a) The department shall annually submit to the county board
25of supervisors in a county with a single-county department or the county boards of

1supervisors in counties with a multicounty department a proposed written contract
2containing the allocation of funds for services directly provided or purchased under
3this subchapter and such administrative requirements as necessary. The contract
4as approved may contain conditions of participation consistent with federal and state
5law. The contract may also include provisions necessary to ensure uniform cost
6accounting of services. Any changes to the proposed contract shall be mutually
7agreed upon. The county board of supervisors in a county with a single-county
8department or the county boards of supervisors in counties with a multicounty
9department shall approve the contract before January 1 of the year in which it takes
10effect unless the department grants an extension. The county board of supervisors
11in a county with a single-county department or the county boards of supervisors in
12counties with a multicounty department may designate an agent to approve addenda
13to any contract after the contract has been approved.
AB150,1053,1614 (b) The department may not approve contracts for amounts in excess of
15available revenues. Actual expenditure of county funds shall be reported in
16compliance with procedures developed by the department.
AB150,1053,1917 (c) The joint committee on finance may require the department to submit
18contracts between county departments under ss. 46.215, 46.22 and 46.23 and
19providers of services under this subchapter to the committee for review and approval.
AB150,1053,23 20(2r) Withholding funds. (a) The department, after reasonable notice, may
21withhold a portion of the appropriation allocated to a county department under s.
2246.215, 46.22 or 46.23 if the department determines that that portion of the allocated
23appropriation is any of the following:
AB150,1054,3
11. For services under this subchapter which duplicate or are inconsistent with
2services being provided or purchased by the department or other county
3departments receiving grants-in-aid or reimbursement from the department.
AB150,1054,84 2. Inconsistent with state or federal statutes, rules or regulations, in which case
5the department may also arrange for provision of services under this subchapter by
6an alternate agency. The department may not arrange for provision of services by
7an alternate agency unless the joint committee on finance or a review body
8designated by the committee reviews and approves the department's determination.
AB150,1054,109 5. Inconsistent with the provisions of the county department's contract under
10sub. (2g).
AB150,1054,2311 (b) If the department withholds a portion of the allocable appropriation under
12par. (a), the county department under s. 46.215, 46.22 or 46.23 that is affected by the
13action of the department may submit to the county board of supervisors in a county
14with a single-county department or to its designated agent or the county boards of
15supervisors in counties with a multicounty department or their designated agents
16a plan to rectify the deficiency found by the department. The county board of
17supervisors or its designated agent in a county with a single-county department or
18the county boards of supervisors in counties with a multicounty department or their
19designated agents may approve or amend the plan and may submit for departmental
20approval the plan as adopted. If a multicounty department is administering a
21program, the plan may not be submitted unless each county board of supervisors
22which participated in the establishment of the multicounty department, or its
23designated agent, adopts it.
AB150,1055,19 24(3) Open public participation process. (a) Citizen advisory committee. Except
25as provided in par. (b), the county board of supervisors of each county or the county

1boards of supervisors of 2 or more counties jointly shall establish a citizen advisory
2committee to the county departments under ss. 46.215, 46.22 and 46.23. The citizen
3advisory committee shall advise in the formulation of the budget under sub. (1).
4Membership on the committee shall be determined by the county board of
5supervisors in a county with a single-county committee or by the county boards of
6supervisors in counties with a multicounty committee and shall include
7representatives of those persons receiving services, providers of services and
8citizens. A majority of the members of the committee shall be citizens and consumers
9of services. At least one member of the committee shall be chosen from the governing
10or administrative board of the community action agency serving the county or
11counties under s. 46.30, if any. The committee's membership may not consist of more
12than 25% county supervisors, nor of more than 20% services providers. The
13chairperson of the committee shall be appointed by the county board of supervisors
14establishing it. In the case of a multicounty committee, the chairperson shall be
15nominated by the committee and approved by the county boards of supervisors
16establishing it. The county board of supervisors in a county with a single-county
17committee or the county boards of supervisors in counties with a multicounty
18committee may designate an agent to determine the membership of the committee
19and to appoint the committee chairperson or approve the nominee.
AB150,1055,2520 (b) Alternate process. The county board of supervisors or the boards of 2 or more
21counties acting jointly may submit a report to the department on the open public
22participation process used under sub. (2). The county board of supervisors may
23designate an agent, or the boards of 2 or more counties acting jointly may designate
24an agent, to submit the report. If the department approves the report, establishment
25of a citizen advisory committee under par. (a) is not required.
AB150,1056,5
1(c) Yearly report. The county board of supervisors or its designated agent, or
2the boards of 2 or more counties acting jointly or their designated agent, shall submit
3to the department a list of members of the citizen advisory committee under par. (a)
4or a report on the open public participation process under par. (b) on or before July
51 annually.
AB150, s. 2933 6Section 2933. 49.33 (1) (intro.) of the statutes is created to read:
AB150,1056,77 49.33 (1) Definitions. (intro.) In this section:
AB150, s. 2934 8Section 2934. 49.33 (3) (title) of the statutes is created to read:
AB150,1056,99 49.33 (3) (title) Rules.
AB150, s. 2935 10Section 2935. 49.33 (9) of the statutes is created to read:
AB150,1056,1411 49.33 (9) Reimbursement for income maintenance benefits. The department
12shall reimburse each county from the appropriations under s. 20.445 (3) (d) and (p)
13for 100% of the cost of aid to families with dependent children granted under s. 49.19
14and for funeral expenses paid for recipients of aid under s. 49.30.
AB150, s. 2936 15Section 2936. 49.33 (10) of the statutes is created to read:
AB150,1056,2416 49.33 (10) County certification. (a) The county treasurer and each director
17of a county department under s. 46.215, 46.22 or 46.23 shall certify monthly under
18oath to the department in such manner as the department prescribes the claim of the
19county for state reimbursement under subs. (8) and (9) and if the department
20approves such claim it shall certify to the department of administration for
21reimbursement to the county for amounts due under these subsections and payment
22claimed to be made to the counties monthly. The department may make advance
23payments prior to the beginning of each month equal to one-twelfth of the contracted
24amount.
AB150,1057,7
1(b) To facilitate prompt reimbursement the certificate of the department may
2be based on the certified statements of the county officers filed under par. (a). Funds
3recovered from audit adjustments from a prior fiscal year may be included in
4subsequent certifications only to pay counties owed funds as a result of any audit
5adjustment. By September 30 annually, the department shall submit a report to the
6appropriate standing committees under s. 13.172 (3) on funds recovered and paid out
7during the previous calendar year as a result of audit adjustments.
AB150, s. 2937 8Section 2937. 49.34 of the statutes is created to read:
AB150,1057,16 949.34 Purchase of care and services. (1) All services under this subchapter
10purchased by the department or by a county department under s. 46.215, 46.22 or
1146.23 shall be authorized and contracted for under the standards established under
12this section. The department may require the county departments to submit the
13contracts to the department for review and approval. For purchases of $10,000 or
14less the requirement for a written contract may be waived by the department. When
15the department directly contracts for services, it shall follow the procedures in this
16section in addition to meeting purchasing requirements established in s. 16.75.
AB150,1057,22 17(2) All services purchased under this subchapter shall meet standards
18established by the department and other requirements specified by the purchaser in
19the contract. Based on these standards the department shall establish standards for
20cost accounting and management information systems that shall monitor the
21utilization of the services, and document the specific services in meeting the service
22plan for the client and the objective of the service.
AB150,1058,2 23(3) (a) Purchase of service contracts shall be written in accordance with rules
24promulgated and procedures established by the department. Contracts for client
25services shall show the total dollar amount to be purchased and for each service the

1number of clients to be served, number of client service units, the unit rate per client
2service and the total dollar amount for each service.
AB150,1058,73 (b) Payments under a contract may be made on the basis of actual allowable
4costs or on the basis of a unit rate per client service multiplied by the actual client
5units furnished each month. The contract may be renegotiated when units vary from
6the contracted number. The purchaser shall determine actual marginal costs for
7each service unit less than or in addition to the contracted number.
AB150,1058,98 (c) For proprietary agencies, contracts may include a percentage add-on for
9profit according to rules promulgated by the department.
AB150,1058,1510 (d) Reimbursement to an agency may be based on total costs agreed to by the
11parties regardless of the actual number of service units to be furnished, when the
12agency is entering into a contract for a new or expanded service that the purchaser
13recognizes will require a start-up period not to exceed 180 days. This
14reimbursement applies only if identified client needs necessitate the establishment
15of a new service or expansion of an existing service.
AB150,1058,1916 (e) If the purchaser finds it necessary to terminate a contract prior to the
17contract expiration date for reasons other than nonperformance by the provider, the
18actual cost incurred by the provider may be reimbursed in an amount determined by
19mutual agreement of the parties.
AB150,1058,2420 (f) Advance payments of up to one-twelfth of an annual contract may be
21allowed under the contract. If the advance payment exceeds $10,000, the provider
22shall supply a surety bond in an amount equal to the amount of the advance payment
23applied for. No surety bond is required if the provider is a state agency. The cost of
24the surety bond shall be allowable as an expense.
AB150,1059,2
1(4) For purposes of this section and as a condition of reimbursement, each
2provider under contract shall:
AB150,1059,53 (a) Except as provided in this subsection, maintain a uniform double entry
4accounting system and a management information system which are compatible
5with cost accounting and control systems prescribed by the department.
AB150,1059,76 (b) Cooperate with the department and purchaser in establishing costs for
7reimbursement purposes.
AB150,1059,118 (c) Unless waived by the department, biennially, or annually if required under
9federal law, provide the purchaser with a certified financial and compliance audit
10report if the care and services purchased exceed $25,000. The audit shall follow
11standards that the department prescribes.
AB150,1059,1312 (d) Transfer a client from one category of care or service to another only with
13the approval of the purchaser.
AB150,1059,1714 (e) Charge a uniform schedule of fees as specified under s. 49.32 (1) unless
15waived by the purchaser with the approval of the department. Whenever providers
16recover funds attributed to the client, such funds shall offset the amount paid under
17the contract.
AB150,1059,20 18(5) Except as provided in sub. (5m), the purchaser shall recover from provider
19agencies money paid in excess of the conditions of the contract from subsequent
20payments made to the provider.
AB150,1059,21 21(5m) (a) In this subsection:
AB150,1059,2422 1. "Provider" means a nonprofit, nonstock corporation organized under ch. 181
23that contracts under this section to provide client services on the basis of a unit rate
24per client service.
AB150,1060,5
12. "Rate-based service" means a service or a group of services, as determined
2by the department, that is reimbursed through a prospectively set rate and that is
3distinguishable from other services or groups of services by the purpose for which
4funds are provided for that service or group of services and by the source of funding
5for that service or group of services.
AB150,1060,136 (b) 1. Subject to subds. 2. and 3., if revenue under a contract for the provision
7of a rate-based service exceeds allowable costs incurred in the contract period, the
8provider may retain from the surplus generated by that rate-based service up to 5%
9of the contract amount. A provider that retains a surplus under this subdivision
10shall use that retained surplus to cover a deficit between revenue and allowable costs
11incurred in any preceding or future contract period for the same rate-based service
12that generated the surplus or to address the programmatic needs of clients served
13by the same rate-based service that generated the surplus.
AB150,1060,2514 2. Subject to subd. 3., a provider may accumulate funds from more than one
15contract period under this paragraph, except that, if at the end of a contract period
16the amount accumulated from all contract periods for a rate-based service exceeds
1710% of the amount of all current contracts for that rate-based service, the provider
18shall, at the request of a purchaser, return to that purchaser the purchaser's
19proportional share of that excess and use any of that excess that is not returned to
20a purchaser to reduce the provider's unit rate per client for that rate-based service
21in the next contract period. If a provider has held for 4 consecutive contract periods
22an accumulated reserve for a rate-based service that is equal to or exceeds 10% of
23the amount of all current contracts for that rate-based service, the provider shall
24apply 50% of that accumulated amount to reducing its unit rate per client for that
25rate-based service in the next contract period.
AB150,1061,6
13. If on December 31, 1995, the amount accumulated by a provider from all
2contract periods ending on or before that date for all rate-based services provided by
3the provider exceeds 10% of the provider's total contract amount for all rate-based
4services provided by the provider in 1995, the provider shall, at the request of a
5purchaser, return to that purchaser the purchaser's proportional share of that
6excess.
AB150,1061,147 (f) All providers that are subject to this subsection shall comply with any
8financial reporting and auditing requirements that the department may prescribe.
9Those requirements shall include a requirement that a provider provide to any
10purchaser and the department any information that the department needs to claim
11federal reimbursement for the cost of any services purchased from the provider and
12a requirement that a provider provide audit reports to any purchaser and the
13department according to standards specified in the provider's contract and any other
14standards that the department may prescribe.
AB150,1061,16 15(6) Contracts may be renegotiated by the purchaser under conditions specified
16in the contract.
AB150,1061,18 17(7) The service provider under this section may appeal decisions of the
18purchaser in accordance with terms and conditions of the contract and ch. 68 or 227.
AB150, s. 2938 19Section 2938. 49.35 of the statutes is created to read:
AB150,1061,25 2049.35 Public assistance; supervisory functions of department. (1) (a)
21The department shall supervise the administration of programs under this
22subchapter. The department shall submit to the federal authorities state plans for
23the administration of programs under this subchapter in such form and containing
24such information as the federal authorities require, and shall comply with all
25requirements prescribed to ensure their correctness.
AB150,1062,8
1(b) All records of the department and all county records relating to programs
2under this subchapter and aid under s. 49.18, 1971 stats., s. 49.20, 1971 stats., and
3s. 49.61, 1971 stats., as affected by chapter 90, laws of 1973, shall be open to
4inspection at all reasonable hours by authorized representatives of the federal
5government. Notwithstanding s. 48.396 (2), all county records relating to the
6administration of the services and public assistance specified in this paragraph shall
7be open to inspection at all reasonable hours by authorized representatives of the
8department.
AB150,1062,199 (bm) All records of the department relating to aid provided under s. 49.19 are
10open to inspection at reasonable hours by members of the legislature who require the
11information contained in the records in pursuit of a specific state legislative purpose.
12All records of any county relating to aid provided under s. 49.19 are open to inspection
13at reasonable hours by members of the board of supervisors of the county or the
14governing body of a city, village or town located in the county who require the
15information contained in the records in pursuit of a specific county or municipal
16legislative purpose. The right to records access provided by this paragraph does not
17apply if access is prohibited by federal law or regulation or if this state is required
18to prohibit such access as a condition precedent to participation in a federal program
19in which this state participates.
AB150,1063,320 (c) The department may at any time audit all county records relating to the
21administration of the services and public assistance specified in this section and may
22at any time conduct administrative reviews of county departments under ss. 46.215,
2346.22 and 46.23. If the department conducts such an audit or administrative review
24in a county, the department shall furnish a copy of the audit or administrative review
25report to the chairperson of the county board of supervisors and the county clerk in

1a county with a single-county department or to the county boards of supervisors and
2the county clerks in counties with a multicounty department, and to the director of
3the county department under s. 46.215, 46.22 or 46.23.
AB150,1063,5 4(2) The county administration of all laws relating to programs under this
5subchapter shall be vested in the officers and agencies designated in the statutes.
AB150, s. 2939 6Section 2939. 49.41 of the statutes is amended to read:
AB150,1063,11 749.41 Assistance grants exempt from levy. All grants of aid to families with
8dependent children, payments made for social services, cash benefits paid by
9counties under s. 59.07 (154),
and benefits under ss. 49.032, 49.046 and s. 49.177 or
10federal Title XVI, are exempt from every tax, and from execution, garnishment,
11attachment and every other process and shall be inalienable.
****Note: This is reconciled s. 49.41. This Section has been affected by drafts with the
following LRB numbers: -1701/3 and -2153/1.
AB150, s. 2940 12Section 2940. 49.41 of the statutes, as affected by 1995 Wisconsin Act .... (this
13act), is renumbered 49.96 and amended to read:
AB150,1063,18 1449.96 Assistance grants exempt from levy. All grants of aid to families with
15dependent children, payments made for social services, cash benefits paid by
16counties under s. 59.07 (154), and benefits under s. 49.177 49.77 or federal Title XVI,
17are exempt from every tax, and from execution, garnishment, attachment and every
18other process and shall be inalienable.
****Note: This is reconciled s. 49.41. This Section has been affected by drafts with the
following LRB numbers: -1701/3 and -2153/1.
AB150, s. 2941 19Section 2941. Subchapter IV (title) of chapter 49 [precedes 49.43] of the
20statutes is created to read:
AB150,1063,2121 Chapter 49
AB150,1064,2
1Subchapter IV
2 Medical assistance
Loading...
Loading...