AB150,1106,1711 46.495 (1) (am) The department shall reimburse each county from the
12appropriations under s. 20.435 (4) (d) and (p) and (7) (b) and (o) for 100% of the cost
13of aid to families with dependent children granted under s. 49.19, for social services
14as approved by the department under ss. 46.215 (1), (2) (c) 1. and (3) and 46.22 (1)
15(b) 8. 1. d. and (e) 3., and for funeral expenses paid for recipients of aid under s. 49.30,
16a. except that no reimbursement may be made for the administration of or aid
17granted under s. 49.02.

AB150,1107,1220 49.52 (1) (d) From the appropriations under s. 20.435 (7) (b) and (o), the
21department shall distribute the funding for social services, including funding for
22foster care or treatment foster care of a child receiving aid under s. 49.19, to county

---

1departments under ss. 46.215, 46.22 and 46.23 as provided under s. 46.40. County
2matching funds are required for the distributions under s. 46.40 (2), (3), (3m), (4), (8),
3(9) and (12). Each county's required match for a year equals 9.89% of the total of the
4county's distributions for that year for which matching funds are required plus the
5amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile
6delinquency-related services from its distribution for 1987. Matching funds may be
7from county tax levies, federal and state revenue sharing funds or private donations
8to the county that meet the requirements specified in s. 51.423 (5). Private donations
9may not exceed 25% of the total county match. If the county match is less than the
10amount required to generate the full amount of state and federal funds distributed
11for this period, the decrease in the amount of state and federal funds equals the
12difference between the required and the actual amount of county matching funds.

AB150,1108,222 49.124 (3) The department shall withhold the value of food stamp losses for
23which a county or federally recognized American Indian tribe is liable under sub. (4)

---

1(2) from the payment to the county or tribe under s. 20.435 (4) (de) and (nL) 20.445
2(3) (de) and (nL) and reimburse the federal government from the funds withheld.

AB150,1108,125 49.53 (1m) Except as provided under sub. (2), or (3) or (4), no person may use
6or disclose information concerning applicants and recipients of general emergency
7medical relief under s. 49.02, aid to families with dependent children, social services,
8child and spousal support and establishment of paternity services under s. 46.25, or
9supplemental payments under s. 49.177, for any purpose not connected with the
10administration of the programs. Any person violating this subsection may be fined
11not less than $25 nor more than $500 or imprisoned in the county jail not less than
1210 days nor more than one year or both.

AB150,1108,2215 49.83 Except as provided under sub. (2) or (3) s. 49.32 (9) and (10), no person
16may use or disclose information concerning applicants and recipients of emergency
17medical relief under subch. II, aid to families with dependent children, social
18services, child and spousal support and establishment of paternity services under s.
1946.25, or supplemental payments under s. 49.177 49.77, for any purpose not
20connected with the administration of the programs. Any person violating this
21subsection may be fined not less than $25 nor more than $500 or imprisoned in the
22county jail not less than 10 days nor more than one year or both.

AB150,1109,92 49.53 (2) (a) Each county department under s. 46.215 or, 46.22 or 46.23
3administering aid to families with dependent children and each official or agency
4administering general relief shall maintain a monthly report at its office showing the
5names and addresses of all persons receiving such aids aid together with the amount
6paid during the preceding month. Nothing in this paragraph shall be construed to
7authorize or require the disclosure in the report of any information (names,
8addresses, amounts of aid or otherwise) pertaining to adoptions, or aid furnished for
9the care of children in foster homes or treatment foster homes under s. 49.19 (10).

AB150,1110,214 49.32 (9) (b) Such The report under par. (a) shall be open to public inspection
15at all times during regular office hours and may be destroyed after the next
16succeeding report becomes available. Any person except any public officer, seeking
17permission to inspect such book report shall be required to prove his or her identity
18and to sign a statement setting forth his or her address and the reasons for making
19the request and indicating that he or she understands the provisions of par. (c) with
20respect to the use of the information obtained. The use of a fictitious name is a
21violation of this section. Within 72 hours after any such record has been inspected,
22the agency county department shall mail to each person whose record was inspected

---

1a notification of that fact and the name and address of the person making such
2inspection. The agency county department shall keep a record of such requests.

AB150,1110,75 49.32 (9) (c) It is unlawful to use any information obtained through access to
6such report for political or commercial purposes. The violation of this provision is
7punishable upon conviction as provided in sub. (1m) s. 49.83.

AB150,1110,1412 49.77 (5) Income determination. In determining the amount of aid to be
13granted a person applying for supplemental payments under s. 49.177 this section,
14income shall be disregarded to the extent allowed by federal regulations.

AB150,1111,419 49.89 (2) Subrogation. The department of health and social services, the
20department of industry, labor and human relations, a county or an elected tribal
21governing body providing that provides any public assistance under this chapter as
22a result of the occurrence of an injury, sickness or death which that creates a claim
23or cause of action, whether in tort or contract, on the part of a public assistance

---

1recipient or beneficiary or the estate of a recipient or beneficiary against a 3rd party,
2including an insurer, is subrogated to the rights of the recipient, beneficiary or estate
3and may make a claim or maintain an action or intervene in a claim or action by the
4recipient, beneficiary or estate against the 3rd party.

AB150,1111,156 49.65 (3) Assignment of actions. The department, county or elected tribal
7governing body providing any public assistance authorized under this chapter,
8including medical assistance, By applying for assistance under this chapter, an
9applicant assigns to the department the right to make a claim to recover an
10indemnity from a 3rd party, including an insurer, if the assistance is provided as a
11result of the occurrence of injury, sickness or death which that results in a possible
12recovery of an indemnity from a the 3rd party, including an insurer, may require an
13assignment from the applicant, recipient or beneficiary of such public assistance or
14legally appointed representative of the incompetent or deceased applicant, recipient
15or beneficiary giving it the right to make a claim against the 3rd party.

AB150,1111,2318 49.89 (3) Assignment of actions. By applying for assistance under this
19chapter, an applicant assigns to the state department, the county department or the
20tribal governing body that provided the assistance the right to make a claim to
21recover an indemnity from a 3rd party, including an insurer, if the assistance is
22provided as a result of the occurrence of injury, sickness or death that results in a
23possible recovery of an indemnity from the 3rd party.

AB150,1112,74 49.65 (3m) Notice requirements. (a) An attorney retained to represent a
5current or former recipient of assistance under this chapter, or the recipient's estate,
6in asserting a claim that is subrogated under sub. (2) or assigned under sub. (3) shall
7provide notice under par. (c).

AB150,1112,128 (b) If no attorney is retained to represent a current or former recipient of
9assistance under this chapter, or the recipient's estate, in asserting a claim that is
10subrogated under sub. (2) or assigned under sub. (3), the current or former recipient
11or his or her guardian or, if the recipient is deceased, the personal representative of
12the recipient's estate, shall provide notice under par. (c).

AB150,1112,1513 (c) If a person is required to provide notice under this paragraph, the person
14shall provide notice by certified mail to the department as soon as practicable after
15the occurrence of each of the following events for a claim under par. (a) or (b):

AB150,1112,1616 1. The filing of the action asserting the claim.

AB150,1112,1717 2. Intervention in the action asserting the claim.

AB150,1112,1818 3. Consolidation of the action asserting the claim.

AB150,1112,1919 4. An award or settlement of all or part of the claim.

AB150,1113,96 49.89 (3m) (c) (intro.) If a person is required to provide notice under this
7paragraph, the person shall provide notice by certified mail to the department that
8provided the assistance as soon as practicable after the occurrence of each of the
9following events for a claim under par. (a) or (b):

AB150,1113,1916 49.89 (6) (title) Department's Departments' duties and powers. The
17department of health and social services and the department of industry, labor and
18human relations shall enforce its their rights under this section and may contract for
19the recovery of any claim or right of indemnity arising under this section.

AB150,1114,83 49.65 (7) (c) The incentive payment shall be an amount equal to 15% of the
4amount recovered because of benefits paid under s. 49.046, 49.19, 49.20 or 49.30 or
5as state supplemental payments under s. 49.177. The incentive payment shall be
6taken from the state share of the sum recovered, except that the incentive payment
7for an amount recovered because of benefits paid under s. 49.19 shall be considered
8an administrative cost under s. 49.19 for the purpose of claiming federal funding.

AB150,1114,1611 49.89 (7) (c) The incentive payment shall be an amount equal to 15% of the
12amount recovered because of benefits paid under s. 49.19, 49.20 or 49.30 or as state
13supplemental payments under s. 49.177. The incentive payment shall be taken from
14the state share of the sum recovered, except that the incentive payment for an
15amount recovered because of benefits paid under s. 49.19 shall be considered an
16administrative cost under s. 49.19 for the purpose of claiming federal funding.

AB150,1115,219 49.89 (7) (d) 1. Any county or elected tribal governing body that has made a
20recovery under this section for which it is eligible to receive an incentive payment
21under par. (b) or (c) (bm) shall report such recovery to the department of health and

---

1social services within 30 days after the end of the month in which the recovery is
2made in a manner specified by the department of health and social services.

AB150,1115,75 49.89 (7) (e) The amount of the recovery remaining after payments are made
6under pars. (b) and to (c) shall be deposited in the state treasury and credited to the
7appropriation from which the assistance was originally paid.

AB150,1115,1511 49.89 (9) Powers of health maintenance organizations. (intro.) A health
12maintenance organization or other prepaid health care plan has the powers of the
13department of health and social services under subs. (2) to (5) to recover the costs
14which the organization or plan incurs in treating an individual if all of the following
15circumstances are present:

AB150,1115,2220 49.89 (9) (c) The medical costs are incurred during a period for which the
21department of health and social services pays a capitation or enrollment fee for the
22recipient.