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

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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

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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.

AB150,1116,5 549.66 Definitions. In this subchapter:

AB150,1116,6 6(1) "Department" means the department of health and social services.

AB150,1116,7 7(2) "Secretary" means the secretary of health and social services.

AB150,1117,911 49.70 (2) The department shall exercise the options to purchase such securities
12or accept an assignment of such securities when it finds that the owner of the
13securities is a resident of this state and is in need of general relief, public assistance
14or welfare aid, or who but for the ownership of such securities would qualify for
15general relief, public assistance or other welfare aid. If the department exercises an
16option to purchase such security, the purchase price shall be paid out, at par value,
17as general a relief payment. Where the department accepts an assignment of such
18security as provided in this section it shall pay out as general relief an amount equal
19to the par value of the security assigned. The general relief furnished, whether by
20money or otherwise, shall be at such times and in such amounts as will in the
21discretion of the department meet the needs of the recipient and protect the public.
22The department is authorized to exercise the options to purchase assigned to it in
23whole or in part, or to accept an assignment of such securities in whole or in part.

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1The department is granted such authority as may be necessary and convenient to
2enable it to exercise the functions and perform the duties required of it by this
3section, including without limitation because of enumeration the authority to
4promulgate rules governing eligibility and the furnishing and paying of general
5relief under this section, the authority to enter into suitable agreements with the
6owner of the security or other appropriate persons for the purpose of carrying out this
7section, and the authority to sell or transfer the securities or defend and prosecute
8all actions concerning it and pay all just claims against it and do all other things
9necessary for the protection, preservation and management of the securities.

AB150,1117,2216 16.385 (2) (b) The department of health and social services shall administer a
17low-income warm room program to install low-income warm room program
18materials in the dwellings of low-income warm room program volunteers and to
19train the low-income warm room program volunteers and the members of each
20low-income warm room program volunteer's household in the operation of the
21low-income warm room program materials to achieve maximum health and heating
22efficiency.

AB150,1118,75 16.385 (3) (b) By October 1 of every year from the appropriation under s. 20.435
6(4) (md) 20.505 (7) (o), determine the total amount available for payment of heating
7assistance under sub. (6) and determine the benefit schedule.

AB150,1118,1210 16.385 (3) (c) From the appropriation under s. 20.435 (4) (mc) 20.505 (7) (m),
11allocate $1,100,000 in each federal fiscal year for the department's expenses in
12administering the funds to provide low-income energy assistance.

AB150,1118,1815 16.385 (3) (d) From the appropriation under s. 20.435 (4) (md) 20.505 (7) (o),
16allocate $2,900,000 in each federal fiscal year for the expenses of a county
17department, another local governmental agency or a private nonprofit organization
18in administering under sub. (4) the funds to provide low-income energy assistance.

AB150,1118,2221 16.385 (3) (e) (intro.) From the appropriation under s. 20.435 (4) (md) 20.505
22(7) (o):

AB150,1119,6

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116.385 (3) (e) 1. Allocate and transfer to the appropriation under s. 20.505 (7)
2(km), 15% of the moneys received under 42 USC 8621 to 8629 in each federal fiscal
3year under the priority of maintaining funding for the geographical areas on July 20,
41985, and, if funding is reduced, prorating contracted levels of payment, for the
5weatherization assistance program administered by the department of
6administration under s. 16.39.

AB150,1119,108 49.80 (3) (e) 2. Allocate $2,400,000 an amount determined by the department
9in each federal fiscal year for the payment of crisis assistance benefits to meet
10weather-related or fuel supply shortage emergencies under sub. (8).