reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.48 - Denial, nonrenewal and suspension of certification of service providers based on certain delinquency in payment.

49.48
Denial, nonrenewal and suspension of certification of service providers based on certain delinquency in payment.
(1)
Except as provided in sub. (1m), the department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, as a condition of issuing or renewing a certification under s. 49.45 (2) (a) 11. as an eligible provider of services.
(1m)
If an individual who applies for or to renew a certification under sub. (1) does not have a social security number, the individual, as a condition of obtaining the certification, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A certification issued or renewed in reliance upon a false statement submitted under this subsection is invalid.
(2)
The department may not disclose any information received under sub. (1) to any person except to the department of children and families for the purpose of making certifications required under s. 49.857.
(3)
The department shall deny an application for the issuance or renewal of a certification specified in sub. (1), shall suspend a certification specified in sub. (1) or may, under a memorandum of understanding under s. 49.857 (2), restrict a certification specified in sub. (1) if the department of children and families certifies under s. 49.857 that the applicant for or holder of the certificate is delinquent in the payment of court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse or fails to comply, after appropriate notice, with a subpoena or warrant issued by the department of children and families or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings.
History:  1997 a. 191; 1999 a. 9; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.485 - False claims.

49.485
False claims.
Whoever knowingly presents or causes to be presented to any officer, employee, or agent of this state a false claim for medical assistance shall forfeit not less than $5,000 nor more than $10,000, plus 3 times the amount of the damages that were sustained by the state or would have been sustained by the state, whichever is greater, as a result of the false claim. The attorney general may bring an action on behalf of the state to recover any forfeiture incurred under this section.
History:  2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.493 - Benefits under uninsured health plans.

49.493
Benefits under uninsured health plans.
(1)
In this section:
(a)
“Department or contract provider" means the department, the county providing the medical benefits or assistance or a health maintenance organization that has contracted with the department to provide the medical benefits or assistance.
(b)
“Medical benefits or assistance" means medical benefits under s. 49.02 or 253.05 or medical assistance.
(c)
“Uninsured health plan" means a partially or wholly uninsured plan, including a plan that is subject to 29 USC 1001 to 1461, providing health care benefits.
(2)
The providing of medical benefits or assistance constitutes an assignment to the department or contract provider, to the extent of the medical benefits or assistance provided, for benefits to which the recipient would be entitled under any uninsured health plan.
(3)
An uninsured health plan may not do any of the following:
(a)
Exclude a person or a person's dependent from coverage under the uninsured health plan because the person or the dependent is eligible for medical assistance.
(b)
Terminate its coverage of a person or a person's dependent because the person or the dependent is eligible for medical assistance.
(c)
Provide different benefits of coverage to a person or the person's dependent because the person or the dependent is eligible for medical assistance than it provides to persons and their dependents who are not eligible for medical assistance.
(d)
Impose on the department or contract provider, as assignee of a person or a person's dependent who is covered under the uninsured health plan and who is eligible for medical benefits or assistance, requirements that are different from those imposed on any other agent or assignee of a person who is covered under the uninsured health plan.
(4)
Benefits provided by an uninsured health plan shall be primary to medical benefits or assistance.
History:  1991 a. 178, 214; 1993 a. 481; 1995 a. 27, 407; 1999 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.499 - Nursing facility resident protection.

49.499
Nursing facility resident protection.
(1)
From the appropriation under s. 20.435 (6) (g), the department shall contribute to the payment of all of the following, as needed by a resident in a nursing facility, as defined in s. 49.498 (1) (i), that is in violation of s. 49.498 or of a rule promulgated under s. 49.498:
(a)
The cost of relocating the resident from the nursing facility to another nursing facility.
(b)
Maintenance of operation of a nursing facility pending correction of deficiencies or closure of the nursing facility.
(c)
Reimbursement of the resident for any personal funds of the resident that were misappropriated by the nursing facility staff or other persons holding an interest in the nursing facility.
(2m)
From the appropriation under s. 20.435 (6) (g), the department may distribute funds for innovative projects designed to protect the health and property of a resident in a nursing facility, as defined in s. 49.498 (1) (i).
History:  1989 a. 31; 1997 a. 27; 1999 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.66 - Definitions.

49.66
Definitions.
In this subchapter:
(1)
“Department" means the department of health services.
(2)
“Secretary" means the secretary of health services.
History:  1995 a. 27 ss. 3179, 9126 (19); 2007 a. 20 s. 9121 (6) (a).
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.683 - Cystic fibrosis aids.

49.683
Cystic fibrosis aids.
(1)
Subject to s. 49.687 (1m), the department may provide financial assistance for costs of medical care of persons over the age of 18 years with the diagnosis of cystic fibrosis who meet financial requirements established by the department by rule under s. 49.687 (1).
(2)
Approved costs for medical care under sub. (1) shall be paid from the appropriation accounts under s. 20.435 (4) (e) and (je).
(3)
No payment shall be made under this section for any portion of medical care costs that are payable under any state, federal, or other health care coverage program, including a health care coverage program specified by rule under s. 49.687 (1m), or under any grant, contract, or other contractual arrangement.
History:  1973 c. 300; Stats. 1973 s. 146.35; 1973 c. 336 s. 55; Stats. 1973 s. 146.36; 1975 c. 39; 1979 c. 34 s. 2102 (43) (a); 1983 a. 27 s. 1562; Stats. 1983 s. 49.483; 1993 a. 16, 449; 1995 a. 27 ss. 3045, 3046, 3047; Stats. 1995 s. 49.683; 1997 a. 27; 1999 a. 9; 2001 a. 16; 2003 a. 33.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.70 - County home; establishment.

49.70
County home; establishment.
(1)
Each county may establish a county home for the relief and support of dependent persons pursuant to s. 46.17.
(2)
In all counties whose population is less than 250,000 such county home shall be governed pursuant to ss. 46.18, 46.19 and 46.20.
(3)
No county in which a county home is established shall contract to conduct the same or to support and maintain the inmates thereof; and all agreements in violation of this subsection are void.
(4)
The trustees or any person employed by the county board pursuant to subs. (1) and (2), may administer oaths concerning any matter submitted to the trustees or person employed by the county board, in connection with their functions.
(5)
The uniform accounting system established by s. 50.03 (10) shall be used by each county home and shall be subject to the conditions enumerated therein.
History:  1971 c. 125; 1975 c. 413 s. 18; 1977 c. 26 s. 75; 1991 a. 316; 1995 a. 27 ss. 2810 to 2815; Stats. 1995 s. 49.70.
A county did not violate sub. (3) by terminating county home operations, conveying the home's assets, and leasing the physical plant to a private operator. Local Union No. 2490 v. Waukesha County, 143 Wis. 2d 438, 422 N.W.2d 117 (Ct. App. 1988).
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.703 - County homes; commitments; admissions.

49.703
County homes; commitments; admissions.
(1)
Any person upon his or her application to the board of trustees may be admitted to the county home upon such terms as may be prescribed by the board. If the person or his or her relatives are unable to pay for his or her care and maintenance the person may be admitted as a charge of the county of his or her residence.
(3)
The county board of any county may by resolution provide that the county shall bear the expense of maintaining all dependent persons committed or admitted to the county home, and may repeal any resolution adopted under this subsection.
History:  1977 c. 428, 1985 a. 29; 1995 a. 27 ss. 2816, 2817, 2819; Stats. 1995 s. 49.703.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.71 - County hospitals; establishment.

49.71
County hospitals; establishment.
(1)
Each county may establish a county hospital for the treatment of dependent persons, under s. 46.17, and other persons authorized under s. 46.21 (4m).
(2)
In counties with a population of 750,000 or more, an institution established under sub. (1) shall be governed under s. 46.21 or 59.79 (10), but in all other counties it shall be governed under ss. 46.18, 46.19, and 46.20.
(3)
The uniform accounting system established by s. 50.03 (10) shall be used by each county hospital and shall be subject to the conditions enumerated therein.
History:  1971 c. 125; 1975 c. 413 s. 18; 1977 c. 26 s. 75; 1985 a. 176; 1993 a. 186; 1995 a. 27 ss. 2820 to 2823; Stats. 1995 s. 49.71; 1995 a. 201; 2015 a. 172.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.713 - County hospitals; admissions.

49.713
County hospitals; admissions.
(1)
Any person upon application to the board of trustees may be admitted to the county hospital upon such terms as may be prescribed by the board. If the person or his or her relatives are unable to pay for his or her care and maintenance the person may be admitted as a charge of the county of his or her residence.
(3)
The county board of any county may by resolution provide that the county shall bear the expense of maintaining all dependent persons admitted to the county hospital, and may repeal any resolution adopted under this subsection.
History:  1985 a. 29; 1995 a. 27 ss. 2824, 2825, 2827; Stats. 1995 s. 49.713.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.72 - County infirmaries; establishment.

49.72
County infirmaries; establishment.
(1)
Each county, or any 2 or more counties jointly, may establish, pursuant to s. 46.17 or 46.20 a county infirmary for the treatment, care and maintenance of the aged infirm.
(2)
In counties with a population of 750,000 or more, such institution shall be governed pursuant to s. 46.21, but in all other counties it shall be governed pursuant to ss. 46.18, 46.19, and 46.20.
(3)
As used in ss. 49.72 to 49.726:
(a)
An aged infirm person is a person over the age of 65 years so incapacitated mentally by the degenerative processes of old age, or so incapacitated physically, as to require continuing infirmary care.
(b)
A county infirmary is a county institution created pursuant to sub. (1) or (2) under the general supervision and inspection of the department pursuant to ss. 46.16 and 46.17 as to adequacy of equipment and staff to treat, care for and maintain the physical and mental needs of aged infirm persons.
(4)
The uniform accounting system established by s. 50.03 (10) shall be used by each county infirmary and shall be subject to the conditions enumerated therein.
History:  1971 c. 125; 1975 c. 413 s. 18; 1977 c. 26 s. 75; 1995 a. 27 ss. 2828 to 2834; Stats. 1995 s. 49.72; 2015 a. 172.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.723 - County infirmaries, admissions; standards.

49.723
County infirmaries, admissions; standards.
(1)
The following standards shall apply to admissions to a county infirmary:
(a)
The primary standard shall be need of infirmary care, rather than ability to pay for care, and no person shall be excluded from an infirmary solely because of ability or inability to pay for care.
(b)
The person admitted must be an aged infirm individual, and it must be reasonably apparent that unless admitted the person will be without adequate care.
(cm)
Except as provided in par. (d), any person who meets the standards for admission is eligible for admission.
(d)
An applicant who has removed residence to Wisconsin from a state which requires that one who has removed residence from Wisconsin to that state reside in the latter more than one year before being eligible for a similar type of care shall be required to reside in this state for a like period before becoming eligible for admission.
(2)
The board of trustees of a county infirmary, subject to regulations approved by the county board, shall establish rules and regulations governing the admission and discharge of voluntary patients.
(3)
If it appears to the satisfaction of the circuit court for the county in which an infirmary is located, upon petition for commitment, that a person meets the standards under sub. (1), it may, after affording the person an opportunity to be heard in person or by someone on his or her behalf, commit the person to a county infirmary. The power to commit includes persons who entered an infirmary voluntarily. The court may also, on petition and after a hearing, order the discharge of any patient, upon a showing that the patient is no longer in need of infirmary care, or that the patient can be adequately cared for elsewhere.
(4)
The board of trustees on receipt of an application for voluntary admission, or the circuit court on the filing of a petition for commitment, shall appoint a person licensed to practice medicine and surgery in this state to examine personally the applicant or the subject of the petition and to advise the board or court whether such person meets the standard prescribed by sub. (1) (a).
(5)
The department shall prescribe and prepare the forms to be used for the voluntary admission or commitment of patients.
(6)
The circuit court in the case of a commitment, and the board of trustees in the case of a voluntary admission, shall pass on the economic status of the patient at the time of commitment or admission, and in all cases in which the patient has residence in another county shall notify the county of residence of the fact of such commitment or admission.
History:  1977 c. 449 ss. 130, 497; 1985 a. 29; 1989 a. 359; 1995 a. 27 s. 2835; Stats. 1995 s. 49.723; 1995 a. 225.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.726 - County infirmaries; cost of treatment, care and maintenance of patients.

49.726
County infirmaries; cost of treatment, care and maintenance of patients.
(1)
In the first instance the county or counties operating an infirmary shall defray the actual per capita cost of treatment, care and maintenance. To the extent that a patient is a public charge, such county or counties shall be reimbursed for such expenditures, as determined from annual infirmary reports filed with the department under s. 46.18 (8), (9) and (10), by the county of residence.
(2)
To the extent that a patient is not a public charge, such cost shall be charged and paid in advance for each calendar month, and payment may be enforced by the board of trustees.
(4)
The records and accounts of each county infirmary may be audited by the department. In addition to other findings, such audits shall ascertain compliance with the mandatory uniform cost record-keeping system requirements of s. 46.18 (8), (9) and (10), and verify the actual per person cost of maintenance, care and treatment of patients.
History:  1971 c. 108 ss. 5, 6; 1971 c. 125 s. 523; 1985 a. 29; 1995 a. 27 s. 2836; Stats. 1995 s. 49.726.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.729 - County infirmaries; fees and expenses of proceedings.

49.729
County infirmaries; fees and expenses of proceedings.
The fees of examining physicians, witnesses and guardians ad litem and other expenses of proceedings under ss. 49.72 to 49.726 shall be governed by s. 51.20 (18).
History:  1975 c. 430 s. 80; 1977 c. 428 s. 115; 1995 a. 27 s. 2837; Stats. 1995 s. 49.729.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.73 - Residential care institutions; establishment.

49.73
Residential care institutions; establishment.
(1)
Any county or combination of counties may establish and staff a county residential care institution for the reception and care of dependent persons which shall be governed by the county board. The institution shall be licensed under s. 50.03 by the department before receiving or caring for any dependent person.
(2)
Residential care institutions may be established and staffed by private vendors for the reception and care of dependent persons. The institution shall be licensed under s. 50.03 by the department before receiving or caring for any dependent persons.
(3)
Any county operated or private residential care facility not certifiable as a Title XIX facility shall be licensed and governed under s. 50.03 by the department before receiving or caring for any dependent persons.
(4)
The cost of care of such patients shall be determined by multiplying the per day patient rate for such facility as determined by applying the formula under s. 49.45 (6m) (ag), except that interest on capital expenditures which are reimbursable under s. 51.91 shall be excluded, times the number of days of care of such patients in the time period being considered. Any amounts received by the facility from the patient or resident shall be deducted from the costs determined under this subsection. This section shall not be construed to require that as a condition of reimbursement any facility must meet any skilled or intermediate care standards established by the department.
(6)
The care, services and supplies provided under this section shall be a liability against the patient's county of residence.
History:  1971 c. 216; 1973 c. 90, 333; 1975 c. 413 s. 18; 1975 c. 430 s. 80; 1977 c. 418 s. 929 (55); 1985 a. 29; 1987 a. 27; 1995 a. 27 ss. 2838 to 2843; Stats. 1995 s. 49.73.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.74 - Institutions subject to chapter 150.

49.74
Institutions subject to chapter 150.
Any institution created under the authority of s. 49.70, 49.71, 49.72 or 49.73 is subject to ch. 150.
History:  1977 c. 29; 1995 a. 27 s. 2850; Stats. 1995 s. 49.74.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.76 - Department duties relating to hunger prevention.

49.76
Department duties relating to hunger prevention.
The department shall do all of the following:
(1)
Annually review existing public and private activities within the state relating to hunger prevention.
(2)
Advise the department of public instruction and any other relevant state agency on the use of state and federal resources and on the provision and administration of programs for hunger prevention.
(4)
Develop an annual plan that documents areas of hunger and populations experiencing hunger within this state and that recommends strategies and state and federal policy changes to address hunger in these areas and populations.
(5)
Submit, by December 31 annually, the plan developed under sub. (4) to the governor, superintendent of public instruction and the appropriate standing committees under s. 13.172 (3).
History:  2009 a. 28 s. 1220; Stats. 2009 s. 49.76.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.776 - Payment of support arrears.

49.776
Payment of support arrears.
If a custodial parent who formerly received payments under s. 49.775 but who is no longer receiving payments under s. 49.775 assigned to the state under s. 49.775 (2) (bm) his or her right or the right of the dependent child to support from any other person, the department shall pay to the custodial parent all money in support arrears that is collected by the department after the custodial parent's receipt of payments under s. 49.775 ceased and that accrued while the custodial parent was receiving those payments.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.793 - Recovery of food stamps.

49.793
Recovery of food stamps.
(1)
The department or a county, a multicounty consortium, as defined in s. 49.78 (1) (br), or an elected governing body of a federally recognized American Indian tribe or band acting on behalf of the department, may recover overpayments that arise from an overissuance of food coupons under the food stamp program administered under s. 46.215 (1) (k) or 46.22 (1) (b) 2. d. Recovery shall be made in accordance with 7 USC 2022.
(2)
(a)
Except as provided in par. (b), a county, multicounty consortium, as defined in s. 49.78 (1) (br), or governing body of a federally recognized American Indian tribe may retain a portion of the amount of an overpayment the state is authorized to retain under 7 USC 2025 that is recovered under sub. (1) due to the efforts of an employee or officer of the county, multicounty consortium, or tribe. The department shall promulgate a rule establishing the portion of the amount of the overpayment that the county, multicounty consortium, or governing body may retain. This paragraph does not apply to recovery of an overpayment that was made as a result of state, county, multicounty consortium, or tribal governing body error.
(b)
Any amount that Milwaukee County would otherwise be entitled to retain under par. (a) for the recovery of an overpayment due to the efforts of a department employee or officer, or a county employee or officer under the management of the department, shall be credited to the appropriation account under s. 20.435 (4) (L).
History:  2001 a. 16 ss. 1656ty, 1656tym; Stats. 2001 s. 49.793; 2009 a. 15; 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.796 - Food stamp reinstatement.

49.796
Food stamp reinstatement.
A person may apply to a multicounty consortium, as defined in s. 49.78 (1) (br), or a federally recognized American Indian tribal governing body or, if the person is a supplier, as defined in s. 946.92 (1) (d), to the federal department of agriculture for reinstatement of benefits following a period of suspension imposed under s. 946.92, if the suspension is not permanent.
History:  2013 a. 226 s. 43; Stats. 2013 s. 49.796.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.81 - Public assistance recipients' bill of rights.

49.81
Public assistance recipients' bill of rights.
The department of health services, the department of children and families, and all public assistance and relief-granting agencies shall respect rights for recipients of public assistance. The rights shall include all rights guaranteed by the U.S. constitution and the constitution of this state, and in addition shall include:
(1)
The right to be treated with respect by state agents.
(2)
The right to confidentiality of agency records and files on the recipient. Nothing in this subsection shall prohibit the use of such records for auditing or accounting purposes or, to the extent permitted under federal law, for the purposes of locating persons, or the assets of persons, who have failed to file tax returns, who have underreported their taxable income or who are delinquent taxpayers, identifying fraudulent tax returns or providing information for tax-related prosecutions.
(3)
The right to access to agency records and files relating to the recipient, except that the agency may withhold information obtained under a promise of confidentiality.
(4)
The right to a speedy determination of the recipient's status or eligibility for public assistance, to notice of any proposed change in such status or eligibility, and, in the case of assistance granted under s. 49.19, 49.46, 49.468, 49.47, or 49.471, to a speedy appeals process for resolving contested determinations.
History:  1977 c. 29; 1989 a. 31; 1995 a. 27 ss. 2638, 2640 to 2643, 9126 (19), 9130 (4); 1997 a. 3, 237; 2007 a. 20 ss. 1670 to 1671, 9121 (6) (a).
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.82 - Administration of public assistance programs.

49.82
Administration of public assistance programs.
(1)
Departments to advise counties. The department of health services and the department of children and families shall advise all county officers charged with the administration of requirements relating to public assistance programs under this chapter and shall render all possible assistance in securing compliance therewith, including the preparation of necessary forms and reports. The department of health services and the department of children and families shall also publish any information that those departments consider advisable to acquaint persons entitled to public assistance, and the public generally, with the laws governing public assistance under this chapter.
(2)
Eligibility verification.
(a)
Except as provided in par. (b), for each person included in an application for public assistance under this chapter, proof shall be provided of his or her social security number or that an application for a social security number has been made.
(b)
Paragraph (a) does not apply to any of the following:
1.
A child who is eligible for medical assistance under s. 49.46, 49.47, or 49.471 because of 42 USC 1396a (e) (4).
2.
An unborn child who is eligible for coverage under s. 49.471 or the Badger Care health care program under s. 49.665 (4) (ap).
3.
A person who is applying for medical assistance under subch. IV, coverage under the Badger Care health care program under s. 49.665, or coverage under the program for prescription drug assistance for elderly persons under s. 49.688 and who refuses to obtain a social security number because of well-established religious objections, as defined in 42 CFR 435.910 (h) (2).
History:  1995 a. 27 ss. 3088, 3125, 3209, 9126 (19), 9130 (4); 1997 a. 3; 2001 a. 107; 2005 a. 25; 2007 a. 20 ss. 1672 to 1676, 9121 (6) (a).
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.823 - Public benefit database review.

49.823
Public benefit database review.
The department of health services and the department of children and families shall, at least once every 3 months, perform a comparison of each department's respective public benefit database information against nationally recognized databases that contain information on death records, including the federal social security administration's Death Master File, to identify participants in public benefit programs that are deceased. If a department determines during a review under this section that a participant is deceased, the department shall designate that individual as ineligible for benefits in any applicable database. The requirements under this section do not apply to the department of children and families with regard to child care subsidies under s. 49.155.
History:  2017 a. 269.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.83 - Limitation on giving information.

49.83
Limitation on giving information.
Except as provided under ss. 49.25 and 49.32 (6m), (9), (10), and (10m), no person may use or disclose information concerning applicants and recipients of relief funded by a relief block grant, aid to families with dependent children, Wisconsin Works under ss. 49.141 to 49.161, social services, child and spousal support and establishment of paternity and medical support liability services under s. 49.22, or supplemental payments under s. 49.77 for any purpose not connected with the administration of the programs, except that the departments of children and families and health services may disclose, including by transmitting or granting access to electronic data, such information, including social security numbers, to the department of revenue for the sole purposes of administering state taxes, including verifying refundable individual income tax credits, and collecting debts owed to the department of revenue. Any person violating this section may be fined not less than $25 nor more than $500 or imprisoned in the county jail not less than 10 days nor more than one year or both.
History:  1995 a. 27 ss. 3142, 3144; Stats. 1995 s. 49.83; 1995 a. 289, 361, 404; 1997 a. 35; 2005 a. 25; 2007 a. 20; 2009 a. 28; 2013 a. 20; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.835 - Statements in applications.

49.835
Statements in applications.
A person who makes a statement in a written application for any aid or benefit provided under this chapter is considered to have made an admission as to the existence, correctness, or validity of any fact stated. Such a statement is prima facie evidence against the person who made it in any complaint, information, or indictment, or in any action brought for enforcement of any provision of this chapter.
History:  2013 a. 226.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.846 - Jurisdiction of the department of justice.

49.846
Jurisdiction of the department of justice.
(1)
In this section, “public assistance program" means any program administered by the department of health services or the department of children and families under this chapter under which the department administering the program provides services, benefits, or other assistance to individuals or families.
(2)
The department of justice or the district attorney may institute, manage, control, and direct, in the proper county, any prosecution for violation of criminal laws affecting a public assistance program, including laws in this chapter, chs. 939 to 951 relating to Medical Assistance, Wisconsin Works, the food stamp program, or any other public assistance program, and laws affecting the health, safety, and welfare of public assistance program recipients. For this purpose the department of justice shall have and exercise all powers conferred upon district attorneys in such cases. If a prosecution under this section involves a person holding a license granted by the medical examining board or an interested affiliated credentialing board, the department of justice or district attorney shall notify the medical examining board or the interested affiliated credentialing board of the prosecution.
History:  1977 c. 418; 1985 a. 340; 1993 a. 107; 1995 a. 27; 2013 a. 226 ss. 32, 33, 47; Stats. 2013 s. 49.846.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.847 - Recovery of incorrect payments under certain public assistance programs.

49.847
Recovery of incorrect payments under certain public assistance programs.
(1)
Subject to ss. 49.497 (1) and 49.793 (1), the department of health services, or a county, multicounty consortium, as defined in s. 49.78 (1) (br), or elected governing body of a federally recognized American Indian tribe or band acting on behalf of the department, may recover benefits incorrectly paid under any of the programs administered by the department under this chapter.
(2)
The department, county, multicounty consortium, as defined in s. 49.78 (1) (br), or elected governing body may recover an overpayment from a family or individual who continues to receive benefits under any program administered by the department under this chapter by reducing the family's or individual's benefit amount. Subject to s. 49.793 (1), the department may by rule specify other methods for recovering incorrectly paid benefits.
(3)
(a)
Subject to ss. 49.497 (2) and 49.793 (2), and except as provided in par. (b), a county or elected governing body may retain a portion of an amount recovered under this section due to the efforts of an employee or officer of the county, tribe, or band, as provided by the department by rule.
(b)
Any amount that Milwaukee County would otherwise be entitled to retain under par. (a) for the recovery of an amount under this section due to the efforts of a department employee or officer, or a county employee or officer under the management of the department, shall be credited to the appropriation account under s. 20.435 (4) (L).
History:  2005 a. 25; 2007 a. 20 s. 9121 (6) (a); 2009 a. 15; 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.858 - General provisions related to administrative support enforcement.

49.858
General provisions related to administrative support enforcement.
(1)
Definition. In this section:
(a)
“Department" means the department of children and families.
(b)
“Support" has the meaning given in s. 49.857 (1) (g).
(2)
Rules. For the procedures under this subchapter for the administrative enforcement of support obligations, the department shall promulgate rules related to all of the following:
(a)
Establishing guidelines for appropriate payment plans or alternative payment arrangements for the payment by obligors of delinquent support.
(b)
Providing notice of administrative support enforcement proceedings to obligees of delinquent support. The department may provide that notice be given to the obligee of the delinquent support whenever an enforcement proceeding under this subchapter is initiated or that notice be provided only upon request.
(c)
Specifying the level of support that is overdue before an individual is considered to be delinquent in the payment of support for purposes of the administrative support enforcement proceedings under this subchapter. The rules shall provide that, for support that is payable on a periodic basis, an amount equal to at least 100 percent of the amount due in one month must be in arrears before the department may initiate any administrative support enforcement proceeding under this subchapter.
(3)
Review of circuit court commissioner decisions. If a circuit court commissioner conducts a hearing in any administrative support enforcement proceeding under s. 49.852, 49.856 or 49.857, the department or the obligor may, within 15 business days after the date that the circuit court commissioner makes his or her decision, request review of the decision by the court with jurisdiction over the matter.
History:  1997 a. 191; 2001 a. 61; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.86 - Disbursement of funds and facsimile signatures.

49.86
Disbursement of funds and facsimile signatures.
(1)
In this section:
(a)
“Department" means the department of children and families.
(b)
“Secretary" means the secretary of children and families.
(2)
Withdrawal or disbursement of moneys deposited in a public depository, as defined in s. 34.01 (5), to the credit of the department or any of its divisions or agencies shall be by check, share draft, or other draft signed by the secretary or by one or more persons in the department designated by written authorization of the secretary. Such checks, share drafts, and other drafts shall be signed personally or by use of a mechanical device adopted by the secretary or his or her designees for affixing a facsimile signature. Any public depository shall be fully warranted and protected in making payment on any check, share draft, or other draft bearing such facsimile signature notwithstanding that the facsimile may have been placed thereon without the authority of the secretary or his or her designees.
History:  1995 a. 27 ss. 3213, 9130 (4); 1997 a. 3; 2007 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 49 - Public assistance and children and family services. › 49.96 - Assistance grants exempt from levy.

49.96
Assistance grants exempt from levy.
All grants of aid to families with dependent children, payments made under ss. 48.57 (3m) or (3n), 49.148 (1) (b) 1. or (c) or (1m) or 49.149 to 49.159, payments made for social services, cash benefits paid by counties under s. 59.53 (21), and benefits under s. 49.77 or federal Title XVI, are exempt from every tax, and from execution, garnishment, attachment and every other process and shall be inalienable.
History:  1973 c. 147; 1987 a. 27, 399; 1989 a. 278; 1995 a. 27 s. 2940; Stats. 1995 s. 49.96; 1995 a. 201, 289; 1997 a. 27, 35, 105.
Aid to Families with Dependent Children money did not lose its exemption from garnishment when it was deposited in a checking account. Northwest Engineering Credit Union v. Jahn, 120 Wis. 2d 185, 353 N.W.2d 67 (Ct. App. 1984).
A support order against actual Aid to Families with Dependent Children (AFDC) grants is prohibited, but an order against earned income of one who also receives AFDC is not. State v. Rose, 171 Wis. 2d 617, 492 N.W.2d 350 (Ct. App. 1992).
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.025 - Plan reviews.

50.025
Plan reviews.
The department may conduct plan reviews of all capital construction and remodeling of community-based residential facilities. The department shall promulgate rules that establish a fee schedule for its services in conducting the plan reviews.
History:  1977 c. 29; 1977 c. 170 ss. 7, 9; 1993 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.037 - Community-based residential facility licensing fees.

50.037
Community-based residential facility licensing fees.
(1)
Definition. In this section, “total monthly charges" means the total amount paid per month, including the basic monthly rate plus any additional fees, for care, treatment and services provided to a resident of a community-based residential facility by a community-based residential facility.
(2)
Fees.
(a)
1.
Except as provided in subd. 2., the biennial fee for a community-based residential facility is $389, plus a biennial fee of $50.25 per resident, based on the number of residents that the facility is licensed to serve.
2.
The department may, by rule, increase the amount of the fee under subd. 1.
(b)
Fees specified under par. (a) shall be paid to the department by the community-based residential facility before the department may issue a license under s. 50.03 (4) (a) 1. b. A licensed community-based residential facility shall pay the fee under par. (a) by the date established by the department. A newly licensed community-based residential facility shall pay the fee under this subsection no later than 30 days before the opening of the facility.
(c)
A community-based residential facility that fails to submit the biennial fee prior to the date established by the department, or a new community-based residential facility subject to this section that fails to submit the biennial fee by 30 days prior to the opening of the new community-based residential facility, shall pay an additional fee of $10 per day for every day after the deadline that the facility does not pay the fee.
(3)
Exemption. Community-based residential facilities where the total monthly charges for each resident do not exceed the monthly state supplemental payment rate under s. 49.77 (3s) that is in effect at the time the fee under sub. (2) is assessed are exempt from this section.
History:  1973 c. 90, 243, 333; 1975 c. 413 s. 18; 1975 c. 430 ss. 73, 80; 1977 c. 26, 418; 1979 c. 221; 1983 a. 27; 1987 a. 161 s. 13m; 1991 a. 39; 1993 a. 16; 1993 a. 27 ss. 253 to 256; Stats. 1993 s. 50.037; 1993 a. 183, 375; 1995 a. 27; 1997 a. 27; 1999 a. 9; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.045 - Therapeutic alternate drug selections in nursing homes.

50.045
Therapeutic alternate drug selections in nursing homes.
(1)
A nursing home that does not maintain a quality assessment and assurance committee under s. 49.498 (2) (a) 2. may maintain a committee that consists of the director of nursing services, a physician, as defined in s. 448.01 (5), a pharmacist, as defined in s. 450.01 (15), and at least 2 other members of the nursing home staff.
(2)
A committee with the members specified under sub. (1) may establish written guidelines or procedures for making therapeutic alternate drug selections for the purposes of s. 450.01 (16) (hm).
History:  2013 a. 294.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.053 - Case conference.

50.053
Case conference.
The department may hold a case conference with the parties to any contested action under this subchapter to resolve any or all issues prior to formal hearing. Unless any party to the contested case objects, the department may delay the commencement of the formal hearing in order to hold the case conference.
History:  1977 c. 170; 1999 a. 103.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.085 - Visitation by family members.

50.085
Visitation by family members.
(1)
Definitions. In this section:
(a)
“Adult child" means an individual who is at least 18 years of age and who is related to a resident biologically, through adoption, through the marriage or former marriage of the resident to the biological parent of the adult child, or by a judgment of parentage entered by a court of competent jurisdiction.
(am)
“Family member" means any spouse, adult child, adult grandchild, parent, or sibling of a resident.
(b)
“Resident" means an adult resident of any of the following:
1.
A hospital, as defined in s. 50.33 (2).
2.
A hospice, as defined in s. 50.90 (1).
3.
A nursing home, as defined in s. 50.01 (3).
4.
A community-based residential facility, as defined in s. 50.01 (1g).
5.
Any home or other residential dwelling in which the resident is receiving care and services from any person.
(c)
“Visitation" means an in-person meeting or any telephonic, written, or electronic communication.
(2)
Petition for visitation. If a family member is being denied visitation with a resident, the family member may petition a court to compel visitation with the resident. The court may not issue an order compelling visitation if the court finds any of the following:
(a)
The resident, while having the capacity to evaluate and communicate decisions regarding visitation, expresses a desire to not have visitation with that family member.
(b)
Visitation between the petitioning family member and the resident is not in the best interest of the resident.
(3)
Expedited hearing. If the petition under sub. (2) states that the resident's health is in significant decline or that the resident's death may be imminent, the court shall conduct an emergency hearing on the petition under sub. (2) as soon as practicable and no later than 10 days after the date the petition is filed with the court.
(4)
Sanctions; remedies. Upon a motion or on the court's own motion, if the court finds during a hearing on a petition under sub. (2) that a person is knowingly isolating a resident, the court shall order the person to pay court costs and reasonable attorney fees of the petitioner under sub. (2) and may order other appropriate remedies. No costs, fees, or other sanctions may be paid from the resident's finances or estate.
History:  2015 a. 343.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.095 - Resident's right to know; nursing home reports.

50.095
Resident's right to know; nursing home reports.
(1)
Every resident in or prospective resident of a nursing home has the right to know certain information from the nursing home which would aid an individual in assessing the quality of care provided by a nursing home.
(2)
The department may request from a nursing home information necessary for preparation of a report under sub. (3), and the nursing home, if so requested, shall provide the information.
(3)
By July 1, 1998, and annually thereafter, the department shall provide each nursing home and the office of the long-term care ombudsman with a report that includes the following information for the nursing home:
(am)
The ratio of nursing staff available to residents per shift at each skill level for the previous year for the nursing home, under criteria that the department shall promulgate as rules.
(b)
The staff replacement rates for full-time and part-time nursing staff, nurse aides, and administrators for the previous year for the nursing home and for all similar nursing homes in the same geographical area, as determined by the department.
(c)
Violations of statutes or rules by the nursing home during the previous year for the nursing home and for all similar nursing homes in the same geographical area, as determined by the department.
(3m)
The department shall prepare a simplified summary of the information required under sub. (3) (am) to (c), as specified by rule by the department. The summary shall be on one sheet of paper and shall be in language that is easily understood by laypersons. The summary shall state that a complete copy of the most recent report of inspection of the nursing home is available from the department, upon request, for a minimal fee.
(4)
Upon receipt of a report under sub. (3), the nursing home shall make the report available to any person requesting the report. Upon receipt of a summary under sub. (3m), the nursing home shall provide a copy of the summary to every resident of the nursing home and his or her guardian, if any, to every prospective resident of the nursing home, if any, and to every person who accompanies a prospective resident or acts as the prospective resident's representative, as defined in s. 655.001 (12), if any.
History:  1987 a. 27, 127; 1997 a. 114 ss. 20 to 25; 1997 a. 237; 2007 a. 153.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.097 - Registry.

50.097
Registry.
Any person may receive, upon specific written request to the department, requested information that is contained in the registry of individuals under s. 146.40 (4g) (a).
History:  1989 a. 31; 1991 a. 39; 2007 a. 153.