49.77(4)(a)(a) The department may enter into an agreement with the secretary under which the secretary will provide supplemental payments to all eligible persons on behalf of the state or any of its subdivisions. Under the agreement the department shall pay to the secretary an amount specified in accordance with agreed procedures. The department may make advance payments to the secretary if the agreement so provides.
49.77(4)(b)
(b) The department may enter into an agreement with the secretary under which the secretary may determine eligibility for medical assistance in the case of aged, blind or disabled individuals under the state plan approved under Title XIX of the social security act.
49.77(4)(c)
(c) Agreements made under this subsection or modifications to such agreements require prior approval or amendment by the joint committee on finance. Prior approval will be deemed to be given if within 21 calendar days following the department filing a proposed modification with the joint committee on finance, the committee has not scheduled a public hearing or executive session to review the proposed modification. Agreements or modifications to such agreements approved by the joint committee on finance shall be subject to the approval of the governor. Following action by the joint committee on finance, the governor shall have 10 days, not including Sundays, to communicate approval or disapproval in writing. If no action is taken by the governor within that time, the decision of the joint committee on finance shall take effect. The procedures under
s. 13.10 do not apply to this paragraph.
49.77(5)
(5) Income determination. In determining the amount of aid to be granted a person applying for supplemental payments under this section, income shall be disregarded to the extent allowed by federal regulations.
49.77 Cross-reference
Cross Reference: See also ch.
HFS 79, Wis. adm. code.
49.77 Annotation
Because there is no statutory authority and DHFS had not properly promulgated a rule under ch. 227, administrative recovery of overpayments of benefits under this section was unauthorized. Mack v. DHFS,
231 Wis. 2d 644,
605 N.W.2d 651 (Ct. App. 1999).
49.775
49.775
Payments for the support of children of supplemental security income recipients. 49.775(2)
(2) Supplemental payments. Subject to
sub. (3), the department shall make a monthly payment in the amount specified in
sub. (4) to a custodial parent for the support of each dependent child of the custodial parent if all of the following conditions are met:
49.775(2)(a)
(a) The custodial parent is a recipient of supplemental security income under
42 USC 1381 to
1383c or of state supplemental payments under
s. 49.77, or both.
49.775(2)(b)
(b) If the dependent child has 2 custodial parents, each custodial parent receives supplemental security income under
42 USC 1381 to
1383c or state supplemental payments under
s. 49.77, or both.
49.775(2)(bm)
(bm) The custodial parent assigns to the state any right of the custodial parent or of the dependent child to support from any other person. No amount of support that begins to accrue after the individual ceases to receive payments under this section may be considered assigned to the state. Any money received by the department of workforce development under an assignment to the state under this paragraph shall be paid to the custodial parent.
49.775(2)(c)
(c) The dependent child of the custodian parent meets the eligibility criteria under the aid to families with dependent children program under
s. 49.19 (1) to
(19) or would meet the eligibility criteria under
s. 49.19 but for the application of
s. 49.19 (20).
49.775(2)(e)
(e) The custodial parent meets any of the following conditions:
49.775(2)(e)1.
1. The custodial parent is ineligible for aid under
s. 49.19 solely because he or she receives supplemental security income under
42 USC 1381 to
1383c or state supplemental payments under
s. 49.77.
49.775(3)
(3) Two-parent families. In the case of a dependent child who has 2 custodial parents, the department may not make more than one payment under
sub. (2) per month for the support of that dependent child.
49.775(4)(a)(a) The payment under
sub. (2) is $250 per month for one dependent child and $150 per month for each additional dependent child.
49.775 History
History: 1997 a. 27,
237;
1999 a. 9.
49.775 Cross-reference
Cross Reference: See also ch.
HFS 79, Wis. adm. code.
49.78
49.78
Income maintenance administration. 49.78(1)
(1)
Definitions. In this section:
49.78(1)(b)
(b) "Income maintenance program" means the Medical Assistance program under
subch. IV of ch. 49, the Badger Care health care program under
s. 49.665, the food stamp program under
7 USC 2011 to
2036, or the cemetery, funeral, and burial expenses program under
s. 49.785.
49.78(1)(cr)
(cr) "Tribal governing body" means an elected governing body of a federally recognized American Indian tribe.
49.78(2)
(2) Contracts. Annually, the department shall contract with county departments under
ss. 46.215,
46.22, and
46.23, and may contract with tribal governing bodies, to reimburse the county departments and tribal governing bodies for the reasonable cost of administering income maintenance programs.
49.78(3)
(3) Rules. The department shall promulgate rules establishing standards of competency, including training requirements, for income maintenance workers.
49.78(4)
(4) Rules; merit system. The department of workforce development shall promulgate rules for the efficient administration of aid to families with dependent children in agreement with the requirement for federal aid, including the establishment and maintenance of personnel standards on a merit basis. The provisions of this section relating to personnel standards on a merit basis supersede any inconsistent provisions of any law relating to county personnel. This subsection shall not be construed to invalidate the provisions of
s. 46.22 (1) (d).
49.78(5)
(5) Personnel examinations. Statewide examinations to ascertain qualifications of applicants in any county department administering aid to families with dependent children shall be given by the administrator of the division of merit recruitment and selection in the office of state employment relations. The office of state employment relations shall be reimbursed for actual expenditures incurred in the performance of its functions under this section from the appropriations available to the department of health and family services for administrative expenditures.
49.78(6)
(6) Personnel lists. All persons who are qualified as a result of examinations shall be certified to the counties in which they reside at the time of examination; if there are no resident qualified persons for any class of positions on the list certified to the county, appointments shall be made from available lists without regard to residence within the county.
49.78(7)
(7) County personnel systems. Pursuant to rules promulgated under
sub. (4), the department of workforce development where requested by the county shall delegate to that county, without restriction because of enumeration, any or all of the department of workforce development's authority under
sub. (4) to establish and maintain personnel standards including salary levels.
49.78(8)
(8) Reimbursement for income maintenance administration. 49.78(8)(a)(a) From the appropriation accounts under
s. 20.435 (4) (bn) and
(nn) and subject to
par. (b), the department shall reimburse each county and tribal governing body that contracts with the department under
sub. (2) for reasonable costs of administering the income maintenance programs. The amount of each reimbursement paid under this paragraph shall be calculated using a formula based on workload within the limits of available state and federal funds under
s. 20.435 (4) (bn) and
(nn) by contract under
sub. (2). The amount of reimbursement calculated under this paragraph and
par. (b) is in addition to any reimbursement provided to a county or tribal governing body for fraud and error reduction under
s. 49.197 (1m) and
(4).
49.78(8)(b)
(b) The department may adjust the amounts determined under
par. (a) for workload changes and computer network activities performed by a county or tribal governing body and may reduce the amount of any reimbursement if federal reimbursement is withheld due to audits, quality control samples, or program reviews.
49.78(10)(a)(a) Each county treasurer and director of a county department under
s. 46.215,
46.22, or
46.23 and each tribal governing body shall certify monthly under oath to the department in such manner as the department prescribes the claim of the county for state reimbursement under
sub. (8) (a). The department shall review each claim of reimbursement and, if the department approves the claim, the department shall certify to the department of administration for reimbursement to the county for amounts due under
sub. (8) (a) and payment claimed to be made to the counties monthly. The department may make advance payments prior to the beginning of each month equal to one-twelfth of the contracted amount.
49.78(10)(b)
(b) To facilitate prompt reimbursement the certificate of the department may be based on the certified statements of the county officers or tribal governing body executives filed under
par. (a). Funds recovered from audit adjustments from a prior fiscal year may be included in subsequent certifications only to pay counties owed funds as a result of any audit adjustment. By September 30 annually, the department shall submit a report to the appropriate standing committees under
s. 13.172 (3) on funds recovered and paid out during the previous calendar year as a result of audit adjustments.
49.78 Cross-reference
Cross Reference: See also ch.
HFS 254, Wis. adm. code.
49.785
49.785
Funeral expenses. 49.785(1)(1) Except as provided in
sub. (1m), if any recipient of benefits under
s. 49.148,
49.46 or
49.77, or under
42 USC 1381 to
1385 in effect on May 8, 1980, dies and the estate of the deceased recipient is insufficient to pay the funeral, burial and cemetery expenses of the deceased recipient, the county or applicable tribal governing body or organization responsible for burial of the recipient shall pay, to the person designated by the county department under
s. 46.215,
46.22 or
46.23 or applicable tribal governing body or organization responsible for the burial of the recipient, all of the following:
49.785(1)(a)
(a) The lesser of $1,000 or the cemetery expenses that are not paid by the estate of the deceased and other persons.
49.785(1)(b)
(b) The lesser of $1,500 or the funeral and burial expenses not paid by the estate of the deceased and other persons.
49.785(1m)(a)(a) If the total cemetery expenses for the recipient exceed $3,500, the county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for the cemetery expenses under
sub. (1) (a).
49.785(1m)(b)
(b) If the total funeral and burial expenses for the recipient exceed $3,500, the county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for funeral and burial expenses under
sub. (1) (b).
49.785(1m)(c)
(c) If a request for payment under
sub. (1) is made more than 12 months after the death of the recipient, the county or applicable tribal governing body or organization responsible for burial of the recipient is not required to make a payment for cemetery, funeral or burial expenses.
49.785(2)
(2) From the appropriation under
s. 20.435 (4) (bn), the department shall reimburse a county or applicable tribal governing body or organization for any amount that the county or applicable tribal governing body or organization is required to pay under
sub. (1). From the appropriation under
s. 20.435 (4) (bn), the department shall reimburse a county or applicable tribal governing body or organization for cemetery expenses or for funeral and burial expenses for persons described under
sub. (1) that the county or applicable tribal governing body or organization is not required to pay under
subs. (1) and
(1m) only if the department approves the reimbursement due to unusual circumstances.
49.785 Annotation
A cement grave liner will be considered a funeral and burial expense or a cemetery expense depending on who provides the liner; a liner provided by a funeral home constitutes a funeral and burial expense subject to the statutory payment limit.
79 Atty. Gen. 164.
49.79
49.79
Food stamp administration. 49.79(1)
(1)
Definitions. In this section:
49.79(2)(a)(a) An individual is ineligible to participate in the food stamp program in a month that any of the following is true:
49.79(2)(a)1.
1. The individual is a custodial parent of a child who is under the age of 18 and who has an absent parent, or the individual lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent, and the individual does not fully cooperate in good faith with efforts directed at establishing the paternity of the child, if necessary, establishing or enforcing a support order, if appropriate, or obtaining other payments or property, if any, to which that individual or the child may have rights. This subdivision does not apply if the individual has good cause for refusing to cooperate, as determined by the department in accordance with federal law and regulations.
49.79(2)(a)2.
2. The individual is a man who is alleged to be the father under
s. 767.45 of a child under the age of 18 and the individual refuses to cooperate, as determined by the department in accordance with federal law and regulations, in efforts directed at establishing the paternity of the child.
49.79(2)(a)3.
3. If the individual is a noncustodial mother of a child under the age of 18 and the paternity of the father has not been established, the individual refuses to cooperate, as determined by the department in accordance with federal law and regulations, in efforts directed at establishing the paternity of the child.
49.79(2)(a)4.
4. The individual is a noncustodial parent of a child under the age of 18 and the individual refuses to cooperate, as determined by the department in accordance with federal law and regulations, in providing or obtaining support for the child.
49.79(2)(a)5.
5. The individual is obligated by court order to provide child support payments and is delinquent in making those court-ordered payments. This subdivision does not apply if any of the following applies:
49.79(2)(a)5.a.
a. The delinquency equals less than 3 months of the court-ordered support payments.
49.79(2)(a)5.b.
b. A court or county child support agency under
s. 59.53 (5) is allowing the individual to delay the child support payments.
49.79(2)(a)5.c.
c. The individual is complying with a payment plan approved by a county child support agency under
s. 59.53 (5) to provide support for the child of the individual.
49.79(2)(b)
(b) An individual who fails to comply with the work requirements of the employment and training program under
s. 49.13 (2) (a) is ineligible to participate in the food stamp program as specified under
s. 49.13 (3).
49.79 Cross-reference
Cross Reference: See also ch.
HFS 252, Wis. adm. code.
49.79(3)
(3) Liability for lost food coupons. 49.79(3)(a)(a) A county or federally recognized American Indian tribe is liable for all food stamp coupons lost, misappropriated, or destroyed while under the county's or tribe's direct control, except as provided in
par. (b).
49.79(3)(b)
(b) A county or federally recognized American Indian tribe is not liable for food stamp coupons lost in natural disasters if it provides evidence acceptable to the department that the coupons were destroyed and not redeemed.
49.79(3)(c)
(c) A county or federally recognized American Indian tribe is liable for food stamp coupons mailed to residents of the county or members of the tribe and lost in the mail due to incorrect information submitted to the department by the county or tribe.
49.79(4)
(4) Deductions from county income maintenance payments. The department shall withhold the value of food stamp losses for which a county or federally recognized American Indian tribe is liable under
sub. (3) from the payment to the county or tribe under income maintenance contracts under
s. 49.78 and reimburse the federal government from the funds withheld.
49.79(5)(a)(a) The department shall require an applicant for, or recipient under, the food stamp program to state in writing whether the applicant or recipient or any member of the applicant's or recipient's household has been convicted, in any state or federal court of a felony that has as an element possession, use or distribution of a controlled substance. The department shall require an applicant or recipient, or member of the applicant's or recipient's household to submit to a test for use of a controlled substance as a condition of continued eligibility if, after August 22, 1996, but not more than 5 years prior to the date the written statement is made, the applicant or recipient or the member of the applicant's or recipient's household was convicted in any state or federal court of a felony that had as an element possession, use or distribution of a controlled substance. If the test results are positive with respect to any individual, the department may not consider the needs of that individual in determining the household's eligibility for the food stamp program for at least 12 months from the date of the test. The department shall, however, consider the income and resources of that individual to be available to the household.
49.79(5)(b)
(b) If an individual whose needs are not considered under
par. (a) submits to a test for use of a controlled substance at least 12 months after the date that the department first disregarded that individual's needs under
par. (a), and if the test results are negative, the department shall consider the individual's needs in determining the eligibility of the individual's household.
49.79(6)
(6) Ineligibility for fugitive felons. No person is eligible for the food stamp program in a month in which that person is a fugitive felon under
7 USC 2015 (k) (1) or is violating a condition of probation, extended supervision or parole imposed by a state or federal court.
49.79(7)
(7) Simplified food stamp program. The department shall develop a simplified food stamp program that meets all of the requirements under
P.L. 104-193, section 854, and shall submit the plan to the secretary of the federal department of agriculture for approval. If the secretary of the federal department of agriculture approves the plan, the department shall submit the plan to the secretary of administration for approval. If the secretary of administration approves the plan, the department may implement the plan.
49.79(8)
(8) Benefits for qualified aliens. The department shall provide benefits under this section to a qualified alien who is ineligible for benefits under this section solely because of the application of
9 USC 1612 or
1613 according to a plan approved by the federal department of agriculture. This subsection does not apply to the extent that federal food stamp benefits for qualified aliens are restored by the federal government.
49.79(9)
(9) Fraud investigations and error reduction activities. If the department does not contract with the department of workforce development under
s. 49.197 (5), the department shall establish and administer a program to investigate fraudulent activity on the part of recipients of food stamps and to reduce errors in the payments of benefits under the food stamp program.
49.79(10)
(10) Contract for employment and training program. The department shall contract with the department of workforce development to administer the employment and training program under
s. 49.13.
49.79 History
History: 2001 a. 16 ss.
1656sy to
1656tjk,
1656tr,
1656ts to
1656tx,
1838sb to
1838td.; Stats 2001 s. 49.79;
2003 a. 33.
49.793
49.793
Recovery of food stamps.
