reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 199 - Tobacco Control Activities › Section DHS 199.02 - Applicability

Current through June 24, 2024
This chapter applies to the department of health services,
				  to applicants for grants awarded by the department, and to organizations that
				  have been awarded grants by the department.
Section
					 15.195(1),
					 Stats., which created the Tobacco Control Board, was repealed by 2003 Wis. Act
					 33. Tobacco control activities are transferred to the Department of Health
					 Services.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 199 - Tobacco Control Activities › Section DHS 199.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Administrative costs" means costs associated with implementing grant
				objectives and activities, such as the provision of office space, telephone
				service and employees.
(2)
				"Applicant" means an organization that applies for a grant from the department
				to operate a program reducing tobacco use by preventing tobacco use, promoting
				tobacco use cessation, and eliminating environmental tobacco smoke.
(3) "Continuation grant" means a grant
				awarded by the department to an applicant who received an initial grant for the
				current funding year and who proposes to continue to operate the same program,
				or that program as modified in consultation with the department, in the new
				funding year.
(4) "Culturally
				competent" means activities that are appropriate and effective for the
				populations those activities are directed at and that utilize the leadership of
				those populations in developing, implementing and evaluating those
				activities.
(4m) "Department" means
				the department of health services.
(5) "Evaluation committee" means a department
				committee that reviews and evaluates applications.
(6) "Funding year" means the 12-month period
				beginning July 1.
(7) "Governmental
				body" means a state or local agency, board, committee, council, department or
				public body created by constitution, statute, ordinance, rule.
(8) "Grant" means a monetary award made by
				the department from the appropriation under s.
				20.435(1)
				(fm), Stats., to an applicant for the uses
				specified in s.
				255.15(3)
				(b), Stats.
(9) "Initial grant" means a grant awarded for
				the first time to an applicant.
(10) "Public agency" has the meaning
				prescribed in s.
				46.856(1)
				(b), Stats., namely, a county, city, village,
				town or school district, an agency of Wisconsin state government or an agency
				of a county, city, village, town or school district.
(11) "Request for proposals" or "RFP" means a
				document that describes a grant program, invites applications for the grant and
				specifies who may apply, application procedures, criteria for awarding grants
				and conditions and restrictions that accompany grant awards.
(13) "Tobacco prevention and control" means
				anti-tobacco activities including but not limited to comprehensive efforts in
				prevention, cessation, policy advocacy, media and countermarketing, evaluation,
				monitoring, and administrative activities.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 199 - Tobacco Control Activities › Section DHS 199.04 - Project eligibility

Current through June 24, 2024
(1) The department shall do all of the
				following:
(a) Fund projects that have
				prevention and control of tobacco use as their primary goal.
(b) Make funds available to community
				coalitions such that each county of the state has the opportunity to have at
				least one anti-tobacco coalition ensuring tobacco prevention and control
				activities within its geographic borders.
(c) Fund only programs or projects that are
				culturally competent.
(d)
1. Fund media activities that shall be
				measured against the following performance-based standards:
a. Create awareness of campaign messages
				among 80% of the target population within 6 months of initiating the campaign
				message.
b. Create a 10% change in
				attitudes, beliefs and knowledge of identified tobacco-related issues. Issues
				may include secondhand smoke, the dangers of tobacco, tobacco addiction
				cessation and the roles of the tobacco industry.
2. As determined appropriate by the
				department, specify additional performance-based standards in each grant
				contract based on the scope and content of the media and counter-marketing
				campaign.
(e) Fund
				programs or projects that demonstrate plans and progress toward achieving
				program quality criteria and indicators of success specified in the grant RFP
				and the department strategic plan.
(f) Fund only programs or projects that
				maintain administrative costs no more than 10% of total costs.
(g) Fund programs and projects that
				demonstrate independence from the influence of the tobacco industry.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 199 - Tobacco Control Activities › Section DHS 199.05 - Application

Current through June 24, 2024
(1) WHO MAY APPLY.
(a) An applicant may be any of the following:
1. A public agency.
2. A legally-formed organization.
3. A coalition of organizations under the
				auspices of a public agency or a legally-formed organization.
4. The tribal governing body of a federally
				recognized Wisconsin tribe or band of Indians, or an American Indian
				organization appointed by the tribal governing body.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 199 - Tobacco Control Activities › Section DHS 199.06 - Grant awards

Current through June 24, 2024
(1) MAKING AWARDS.
(a)
Initial grants.
For a
				given RFP, the department shall award a grant to the applicant with the highest
				numerical score pursuant to s.
				DHS
				199.05(6), except that:
1. The department or its designated
				evaluation committee may reject any application failing to meet the content
				specifications under s.
				DHS
				199.05(4). Rejection of an
				application for failure to meet the content specifications under s.
				DHS
				199.05(4) is not subject to
				appeal.
2. The department may
				negotiate the amount of an award, authorized budget items and programmatic
				goals and objectives before awarding a grant to an applicant.
3. The department or its designated
				evaluation committee may reject applications submitted by organizations or
				individuals that have a contractual, corporate, organizational or business
				responsibility to promote, assist in the promotion of, the use of or the sale
				of tobacco products for a company involved in the production, distribution or
				marketing of tobacco products.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 199 - Tobacco Control Activities › Section DHS 199.07 - Restrictions

Current through June 24, 2024
(1) PROHIBITED USE OF FUNDS. The following
				activities are prohibited under any grant awarded by the department:
(a) Purchasing tobacco use cessation
				medications without written permission from the grant manager.
(b) Developing, implementing and evaluating
				of non-tobacco related activities and programs.
(c) Supplanting existing anti-tobacco
				resources and activities.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 250 - Tribal Medical Relief Programs › Section DHS 250.01 - Authority and purpose

Current through June 24, 2024
This chapter is adopted under the authority of ss.
				  49.02(7m)
				  and
				  49.029(2),
				  Stats., to provide procedures for a tribal governing body to follow to obtain a
				  tribal relief block grant, procedures for a tribal governing body to follow in
				  making eligibility determinations under s.
				  49.015,
				  Stats., standards for waiver of an eligibility requirement under s.
				  49.015(3)
				  (b), Stats., and procedures for appealing
				  eligibility determinations, and to provide a basis for distributing block grant
				  funds under s.
				  20.435(4)
				  (kb), Stats., to eligible tribal governing
				  bodies.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 250 - Tribal Medical Relief Programs › Section DHS 250.02 - Applicability

Current through June 24, 2024
This chapter applies to tribal governing bodies that choose
				  to have a tribal relief block grant program under subch. II of ch. 49, Stats.,
				  and therefore are required to determine eligibility for relief and to implement
				  an appeal procedure for individuals who are denied relief or whose relief
				  benefit is reduced, suspended or terminated.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 250 - Tribal Medical Relief Programs › Section DHS 250.03 - Definitions

Current through June 24, 2024
In this chapter:
(2)
				"American Indian" means a person who is recognized by a tribal governing body
				in this state as a member of a federally recognized Wisconsin tribe or band of
				Indians.
(3) "Department" means the
				Wisconsin department of health services.
(4) "Dependent person" means an American
				Indian residing on tax-free land who is eligible for relief under s.
				49.015,
				Stats.
(5) "Health care services"
				means emergency and non-emergency medical, surgical, dental, hospital, nursing
				and optometric services that are reasonable and necessary under the
				circumstances, as determined by the tribal governing body. "Health care
				services" does not include services described under s.
				51.42(3)
				(ar) 4, Stats.
(6) "Medical assistance" means the assistance
				program under ss.
				49.43 to
				49.475
				and
				49.49
				to
				49.497,
				Stats., and chs.
				DHS
				101 to 108.
(7) "Medical assistance divestment" means the
				disposal of an asset for less than its fair market value with the consequence
				that the individual who does this is ineligible for medical assistance under
				the provisions of s.
				49.453,
				Stats., and s.
				DHS
				103.065.
(8) "Relief" means health care services
				provided to a dependent person and funded by a relief block grant.
(9) "Relief agency" means a tribal governing
				body or an agency under contract with the governing body to administer
				relief.
(10) "Relief block grant"
				means a block grant awarded to a tribal governing body under s.
				49.029,
				Stats.
(11) "Relief of needy Indian
				persons program" means the assistance program under s. 49.046, 1995 Stats.,
				which was operated by tribal governing bodies or counties until January, 1996,
				when s. 49.046, Stats., was repealed.
(12) "SSI" means supplemental security
				income, the assistance program under section 1613 of title XVI of the Social
				Security Act of 1935, as amended, and s.
				49.77,
				Stats.
(13) "Tax-free land" means
				land in this state within the boundaries of a federally recognized reservation
				or within the bureau of Indian affairs service area for the Ho-Chunk Nation,
				which is not subject to assessment or levy of a real property tax either as a
				general tax or as a payment in lieu of taxes.
(14) "Tribal governing body" means an elected
				tribal governing body of a federally recognized American Indian
				tribe.
(15) " Wisconsin Works"
				means the assistance program under ss.
				49.141
				to
				49.161,
				Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 250 - Tribal Medical Relief Programs › Section DHS 250.04 - Application for relief block grant

Current through June 24, 2024
(1) RESOLUTION.
(a) If a tribal governing body chooses to
				have a relief block grant program, the tribal governing body shall adopt a
				resolution to apply for a relief block grant and provide a copy of the
				resolution to the department.
(b)
				If a tribal governing body at any time elects to no longer provide a relief
				block grant program, the tribal governing body or its designee shall inform the
				department in writing at least 10 days prior to termination of the
				program.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 250 - Tribal Medical Relief Programs › Section DHS 250.05 - Procedures for eligibility determination

Current through June 24, 2024
A tribal relief agency shall do all of the following related
				  to determining eligibility for relief:
(1) Define and report to the department
				procedures for verification of eligibility. These shall be sufficient to
				substantiate the fundamental information upon which a determination of
				eligibility is based.
(2) Implement
				written policies developed by the tribal governing body that define the amounts
				of income, assets and income and asset disregards allowed for use in
				determining eligibility. A tribal relief agency, in determining eligibility,
				shall disregard the following resources:
(a)
				Low-income energy assistance benefits authorized under
				42 USC 8621 to
				8629.
(b) Food stamp benefits authorized under
				7 USC
				2011 to
				2029.
(c) Any other resources prohibited by law
				from being considered.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 250 - Tribal Medical Relief Programs › Section DHS 250.06 - Standards for waiver of certain eligibility requirements

Current through June 24, 2024
(1) A tribal relief
				agency may waive the eligibility requirement under s.
				49.015(2) or
				(2m), Stats., in accordance with its tribal
				medical relief block grant plan, as follows:
(a) Waiver of the prohibition against
				receiving Wisconsin Works or SSI may be granted in cases of unusual misfortune
				or hardship as determined by the tribal governing body.
(b) Waiver of the medical assistance
				divestment barrier to eligibility may be granted only if all attempts at
				recovery of the divested property have been made and no other resources or
				assistance is available to the person and unusual misfortune or hardship exists
				as determined by the tribal governing body.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 250 - Tribal Medical Relief Programs › Section DHS 250.07 - Procedures for permitting appeal of eligibility determinations

Current through June 24, 2024
(1) NOTICE. If a
				tribal relief agency denies an application for relief, or reduces, suspends or
				terminates the relief, the tribal relief agency shall provide adequate written
				notice to the affected individual. The notice shall contain all of the
				following:
(a) The effective date of the
				action.
(b) The reason for the
				action.
(c) A statement that the
				action may be appealed to the tribal governing body and providing a reasonable
				period of time for the individual to appeal and a place for an appeal to be
				filed.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 250 - Tribal Medical Relief Programs › Section DHS 250.08 - Distribution of funds to eligible tribal governing bodies

Current through June 24, 2024
The department shall distribute all tribal medical relief
				  block grant funds available beginning January 1, 1996, to eligible tribal
				  governing bodies as follows:
(1)
				NUMBER OF RECIPIENTS.
(a) The department shall
				divide fifty percent of the total available tribal medical relief block grant
				funds by each eligible tribe's average per month number of relief to needy
				Indian persons program recipients during calendar year 1994 to determine the
				amount available per recipient.
(b)
				The department shall multiply the amount available for each recipient as
				determined under par. (a) by the number of relief to needy Indian persons
				program recipients during calendar year 1994 for each of the eligible relief
				block grant program tribes. The result shall be half of each tribe's
				allocation.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 251 - County Relief Programs › Section DHS 251.01 - Authority and purpose

Current through June 24, 2024
This chapter is adopted under the authority of s.
				  49.02(7m),
				  Stats., to provide procedures for a county relief agency to follow to obtain a
				  relief block grant, standards for county relief agencies to follow in making
				  eligibility determinations under s.
				  49.015,
				  Stats., standards for waiver of an eligibility requirement under s.
				  49.015(3)
				  (b), Stats., and procedures for appealing
				  eligibility determinations,
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 251 - County Relief Programs › Section DHS 251.02 - Applicability

Current through June 24, 2024
This chapter applies to counties that choose to have a relief
				  block grant program under subch. II of ch. 49, Stats., and therefore are
				  required to determine eligibility for relief and to implement an appeal
				  procedure for applicants who are denied relief or recipients whose relief
				  payment is reduced, suspended or terminated.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 251 - County Relief Programs › Section DHS 251.03 - Definitions

Current through June 24, 2024
In this chapter:
(1) "AFDC" means aid to families with
				dependent children, a public assistance program under title IV-A of the Social
				Security Act of 1935, as amended, and s.
				49.19, Stats.
(2) "Benefits" means payment or services,
				including health care services and voucher payments made to third parties on
				behalf of dependent persons or directly to dependent persons.
(3) "Department" means the Wisconsin
				department of health services.
(4)
				"Dependent person" means an individual who is eligible for relief under s.
				49.015, Stats.
(5) "Failure to comply" means an action or
				inaction of a relief recipient that violates a relief agency rule without good
				cause.
(7) "Health care services"
				has the meaning given in s.
				49.01 (2g),
				Stats.
(8) "Medical assistance
				divestment" means the disposal of an asset for less than its fair market value
				with the consequence that the individual who does this is ineligible for
				medical assistance under the provisions of s.
				49.453, Stats., and s.
				DHS
				103.065.
(9) "Recipient" means an individual who is
				determined eligible for or is receiving benefits from a relief
				agency.
(10) "Relief" means
				assistance that is provided to a dependent person and funded by a relief block
				grant.
(11) "Relief agency" means a
				county department under s.
				46.215,
				46.22 or
				46.23, Stats., that is
				designated by the county governing body to administer relief, or an agency
				under contract with a county department to administer relief.
(12) "Relief agency rules" means the rules
				adopted by a relief agency for administering the relief agency's relief block
				grant program.
(14) "Sanction"
				means discontinuation or reduction of medical or nonmedical benefits for
				failure to comply with a relief agency's written program requirements under the
				block grant program.
(15) "SSI"
				means supplemental security income, the assistance program under section 1613
				of title XVI of the Social Security Act of 1935, as amended and s.
				49.77, Stats.
(16) "Work relief" means a component of the
				relief program operated by a relief agency in which the relief agency requires
				recipients, in exchange for their benefits, to do work or training which the
				recipients are capable of performing on work projects or training authorized
				and sponsored by the relief agency.
(17) "Work requirements" means the relief
				agency's rules for the work relief and grant diversion components of its relief
				program.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 251 - County Relief Programs › Section DHS 251.04 - Application for relief block grant

Current through June 24, 2024
(1) RESOLUTION.
(a) If a county chooses to have a relief
				block grant program, the county board shall designate a relief agency and shall
				adopt a resolution directing the relief agency to apply for a relief block
				grant and provide a copy of the resolution to the department.
(b) If a county at any time elects not to
				provide any relief block grant benefits, medical or nonmedical, the county
				board shall pass a resolution indicating this and shall send a copy of the
				resolution to the department.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 251 - County Relief Programs › Section DHS 251.05 - Procedures for eligibility determination

Current through June 24, 2024
A relief agency shall do all of the following related to
				  determining eligibility for relief:
(1) Establish written criteria for
				determining dependency, and review these written criteria at least annually for
				appropriateness.
(2) Define and
				report to the department procedures for verification of eligibility. These
				shall be sufficient to substantiate the fundamental information upon which a
				determination of eligibility is based.
(3) Establish written standards to be used to
				determine the type and amount of relief to be furnished.
(4) Develop written policies defining the
				amounts of income, assets and income and asset disregards allowed for use in
				determining eligibility. A relief agency, in determining eligibility, shall
				disregard the following resources:
(a)
				Low-income energy assistance benefits authorized under
				42 USC 8621 to
				8629.
(b) Food stamp benefits authorized under
				7 USC
				2011 to
				2029.
(c) Any other resources prohibited by law
				from being considered.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 251 - County Relief Programs › Section DHS 251.06 - Standards for waiver of certain eligibility requirements

Current through June 24, 2024
(1) A relief agency
				may waive the eligibility requirement under s.
				49.015(2) or
				(2m), Stats., in accordance with relief
				agency rules, as follows:
(a) Waiver of the
				prohibition against receiving AFDC or SSI may be granted in cases of unusual
				misfortune or hardship as determined by the relief agency director.
(b) Waiver of the medical assistance
				divestment barrier to eligibility may be granted only if all attempts at
				recovery of the divested property have been made and no other resources or
				assistance is available to the person and unusual misfortune or hardship
				exists.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 251 - County Relief Programs › Section DHS 251.07 - Procedures for permitting appeal of eligibility determinations

Current through June 24, 2024
(1) NOTICE. If a
				relief agency denies an application for relief, or discontinues, suspends or
				reduces the relief benefit, the relief agency shall provide adequate written
				notice to the recipient. The notice shall contain all of the following:
(a) The effective date of the
				action.
(b) The reason for the
				action.
(c) A statement that the
				action may be appealed to the relief agency and providing a reasonable period
				of time for the individual to appeal and a place for an appeal to be
				filed.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of s.
				  49.797(7),
				  Stats., for the purpose of administering an electronic benefit transfer (EBT)
				  system for delivery of food stamp benefits, as an alternative to issuing food
				  stamp coupons.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.04 - Card issuance

Current through June 24, 2024
(1) When a food stamp group has been
				determined eligible for food stamps at the economic support agency, the
				department shall provide an EBT card which allows the food stamp group to
				access food stamp benefits in its EBT account. The department shall authorize
				the card issuer to issue the EBT cards. The card issuer shall mail the card to
				the food stamp group. The department shall also require economic support
				agencies to maintain temporary card issuance capability for emergency
				issuances. A statement of nondiscrimination shall be included in the mailer
				that is sent with the card. The department may require a special activation
				procedure for cards to assure that the rightful food stamp group receives the
				card.
Note: This provision varies from federal food stamp
				  regulations in 7 CFR
				  274.12(i)(6)(i)(B) as
				  allowed by a waiver approved by the U.S. department of agriculture.
(2) The card shall physically
				resemble a financial transaction card similar to a debit card. It shall contain
				a primary account number (PAN) and the address of the office where it can be
				returned if found or no longer in use. The card, as distinguished from the EBT
				system, may be used by another program for benefit or service access supported
				by the other program's computer system. The card is the property of the state
				of Wisconsin.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.05 - PIN selection

Current through June 24, 2024
The department shall provide for PIN selection by the
				  cardholder. The department shall allow the PIN to be changed if the cardholder
				  requests it. The department shall provide instructions on use of the card with
				  the PIN, including how to change the PIN if the cardholder wishes to do
				  so.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.06 - Primary cardholder

Current through June 24, 2024
The department shall provide one designated EBT card and PIN
				  to the primary person or a designated payee to access the food stamp account.
				  The primary person's or designated payee's name and signature shall be on the
				  permanent EBT card. For residents of drug and alcohol treatment centers and
				  group living arrangements, the department may issue the card to a person
				  employed by the facility who is designated as the food stamp
				  payee.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.07 - Secondary cardholder

Current through June 24, 2024
The department shall provide a card and PIN to an individual
				  designated by the food stamp group as an authorized buyer. The authorized
				  buyer's name and signature shall be on the permanent EBT card. The PAN shall be
				  different from that of the primary cardholder but shall be linked to the same
				  food stamp account. There shall be a limit of one secondary cardholder per food
				  stamp group.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.08 - EBT card and PIN security

Current through June 24, 2024
(1) RECIPIENT
				RESPONSIBILITY. The recipient is responsible for protecting the security of his
				or her EBT card and PIN. Benefits will not be replaced if they are lost or
				stolen after the recipient gives the card and PIN to another person. The
				recipient shall report a lost or stolen card or compromised PIN to recipient
				customer service. When the recipient reports one of these events, the EBT
				vendor shall immediately disable card access to the food stamp account. The
				department may require that the recipient sign a card and PIN security
				responsibility statement prior to issuance of benefits via EBT.
(2) RETAILER RESPONSIBILITY. The retailer is
				authorized to accept the EBT card presented with a valid PIN.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.09 - Training

Current through June 24, 2024
(1) PROVISION OF TRAINING. The department
				shall provide training on the use of the EBT system to benefit recipients;
				advocates for benefit recipients; appropriate county, state, and tribal
				governing body employees; and food retailers. The department shall involve
				representatives of the affected groups in the design of the training.
(2) RECIPIENTS.
(a) The department shall train recipients and
				their representatives on the use of the EBT system and EBT card prior to
				receipt of benefits via EBT. Recipient training shall include: information on
				unlimited transactions, access to account balances, transaction receipts,
				availability of benefits, issuance and replacement of cards and PINs, security
				of cards and PINs, the recipient's responsibilities for reporting lost or
				damaged EBT cards, accessing customer service, stale account handling, benefit
				availability, manual transactions, access to retail stores and dispute
				resolution procedures.
(b) The
				department shall provide an informational pamphlet to all EBT households as
				part of its training efforts. The department intends to make client training
				material available in retail stores, community centers, and other designated
				areas.
(c) The department shall
				make an informational EBT video available for viewing at EBT training sites and
				each economic support agency.
(d)
				The department shall provide one to one training in the use of EBT equipment
				for accessing benefits and obtaining account balance information if requested
				by the recipient or if any recipient is identified as having actual or
				potential problems using the EBT system.
Note: This provision varies from federal food stamp
				  regulations in 7 CFR
				  274.12(g)(10)(ii) as allowed
				  by a waiver approved by the U.S. department of agriculture.
(e) The department shall provide training for
				bilingual households and for households with disabilities as prescribed by
				state and federal law. Written materials shall be provided for bilingual
				households as prescribed in
				7 CFR
				272.4(b).
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.10 - Retailer owned or leased POS equipment

Current through June 24, 2024
(1) FEE PAYMENT.
				During the first 2 years of EBT operations, the department shall pay a fee of
				$.08 per food stamp purchase and merchandise return transactions, and balance
				inquiries conducted on POS terminals owned or leased by retailers which have
				signed an agreement with the EBT vendor to use such equipment. The department
				shall require that the vendor disburse the fee on a monthly basis through a
				deposit separate from the daily settlement deposits.
(2) STUDY TO DETERMINE ACTUAL COSTS. During
				the 2 year period, the department shall commission a study by an independent
				entity to determine actual EBT costs incurred by retailers and any offsetting
				savings from the elimination of paper food coupon handling. In signing the
				vendor agreement, the retailers shall affirm their intent to cooperate with the
				independent entity in gathering relevant cost data. The department shall elicit
				the assistance of representatives of the retailer community, financial
				institutions, state and local agencies and others in guiding the conduct of the
				study.
(3) CONTINUATION OF A FEE.
				Based on the study results and other relevant factors, the department shall
				determine by the end of the 2 years if a transaction fee shall continue to be
				paid and, if so, at what amount. The department shall publish its decision in
				the Wisconsin Administrative Register. If, for reasons directly attributable to
				actions of the department or its agents, the department cannot make the
				decision by the end of the 2 years, it will continue to pay the fee at the
				established rate until publication of the decision in the register.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.11 - Vendor deployment of EBT-only POS equipment

Current through June 24, 2024
The department will afford all authorized retailers,
				  including non-traditional retailers, the opportunity to participate in the EBT
				  system. By federal regulation, the department may not require authorized
				  retailers to pay costs essential to and directly attributable to EBT system
				  operations as long as the equipment or services are provided by the EBT vendor
				  or its agent and are utilized solely for food stamp benefit issuance. If the
				  vendor or agent must provide equipment to a retailer to afford the opportunity
				  to participate in the EBT system, the following criteria shall apply:
(1) POS TERMINALS.
(a) The retailer must have $100 or more per
				month in food stamp redemption activity and have the capability to support
				operation of the terminal.
Note: This provision varies from federal food stamp
				  regulations in 7 CFR
				  274.12(h)(4) as allowed by a
				  waiver approved by the U.S. department of agriculture.
(b) The following POS terminal deployment
				formula, as specified in 7
				CFR 274.12(h)(4)(ii), will
				be followed:
1) When food stamp redemption
				activity is 15% or more of total food sales, the retailer shall have POS
				terminals for all checkout lanes.
2) When food stamp redemption activity is
				less than 15% of total food sales, designated supermarkets shall have one POS
				terminal for every $11,000 in monthly redemption activity up to the number of
				lanes per store. All other retailers shall have one POS terminal for every
				$8,000 in monthly redemption activity. A retailer whose redemption activity
				qualifies for 3 or more EBT-only POS terminals may request an additional POS
				terminal for use by clients to check their food stamp balance if the terminal
				is located in a designated area of the store and is available for self-service
				use by clients.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.12 - Access to benefits

Current through June 24, 2024
(1) ACCESS BY RECIPIENT. The department shall
				provide the capability for the cardholder to access the appropriate food stamp
				account in retail food stores authorized by FNS within the Wisconsin EBT
				project area.
(2) POS ACCESS.
(a) When paying for eligible food items in a
				store equipped with a POS terminal, the food stamp recipient's card is swiped
				through the terminal and the recipient enters the PIN to access the food stamp
				account. The system electronically verifies the PIN and the account balance,
				and sends an authorization or denial back to the retailer. If authorized, the
				recipient's account is debited for the amount of the purchase. If the total
				cost of the food items exceeds the balance in the account, the transaction will
				be denied. The account balance will be provided on the denial receipt. The
				recipient may then effect a second purchase transaction utilizing the account
				balance for selected eligible food items.
Note: When the retailer is operating its own POS equipment,
				  settlement of the transaction will occur to the bank holding the retailer's
				  account on the next business day if received by the EBT vendor prior to their
				  end of day cutoff. If there is a third party processor operating POS equipment,
				  settlement of the transaction will occur to the third party processor's bank on
				  the next business day. The third party processor is responsible for settling
				  with the retailer according to their business agreement.
(b) Cash change will not be provided to the
				recipient.
(c) The EBT system shall
				provide a receipt to the recipient that will include the account
				balance.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.13 - Benefit availability dates

Current through June 24, 2024
(1) DAILY BENEFITS.
				The department shall make daily (initial and supplemental) food stamp benefits
				available to recipients via their EBT account by a specified day and
				time.
(2) MONTHLY BENEFITS. The
				department shall make monthly food stamp benefits available to recipients via
				their EBT accounts on a staggered cycle over the first 15 days of the month.
				The department shall make the daily and monthly schedule available to
				recipients during EBT implementation and at the time of food stamp
				application.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.14 - Recipient customer service

Current through June 24, 2024
The department shall provide, through the contract with the
				  EBT vendor or agent, ongoing assistance to recipients, on a 24 hours per day,
				  seven days per week basis, on the recipients' use of the EBT system. Recipients
				  shall access this customer service through the use of a toll-free number shown
				  on the back of the EBT card and provided in training material. Recipients shall
				  use customer service to report lost or stolen cards, obtain current account
				  balances, obtain a transaction history for up to 2 months if transaction
				  receipts are unavailable, institute card replacement and PIN change and resolve
				  disputes regarding account transactions. The department shall assure that
				  customer service is available in a language in addition to English as
				  prescribed in state and federal law.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.15 - Retailer customer service

Current through June 24, 2024
(1) The department
				shall provide, through the contract with the EBT vendor, ongoing assistance to
				retailers, on a 24 hours per day, 7 days per week basis, on the retailers' use
				of the EBT system. Retailers shall access this customer service through the use
				of the toll-free number shown on the back of the EBT card, in the retailer
				training material, or both. The department shall assure that customer service
				is available in a language in addition to English as prescribed in state and
				federal law.
(2) FULL SERVICES. The
				EBT vendor shall provide the following services to retailers with
				vendor-supplied equipment:
(a) manual
				transaction processing, settlement information and assistance,
(b) requests for repair and replacement of
				vendor supplied EBT-only POS terminals,
(c) reporting, and general problem
				resolution; and
(d) information in
				obtaining monthly reimbursement of POS supplies (i.e., printer ribbon, tape)
				used for the processing of food stamp transactions. Reimbursement shall be an
				ACH deposit paid monthly to the retailers for the amount of supplies used.
				Supply reimbursement shall be calculated based upon the number of EBT
				transactions performed by the retailer in the previous month.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.16 - Card replacement

Current through June 24, 2024
(1) The household shall report the loss,
				theft or damage of the EBT card immediately to recipient customer service. The
				department shall replace the EBT card within 5 business days following notice
				by the household to recipient customer service.
Note: This provision varies from federal food stamp
				  regulations in 7 CFR
				  274.12(g)(5)(ii) as allowed
				  by a waiver approved by the U.S. department of agriculture.
(2) The department shall require ES agencies
				to maintain card issuance capability for emergency card replacement. The
				department may institute a card replacement fee not to exceed the actual cost
				to replace the card if the card loss rate is excessive. The fee may be
				subtracted from the current food stamp allotment.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.17 - PIN replacement

Current through June 24, 2024
The department shall replace the PIN if the PIN is
				  compromised or the recipient wishes to change the PIN. The department shall
				  provide PIN replacement through recipient customer service or at the local
				  economic support agency. The department shall specify the PIN replacement
				  procedure in the training material.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.18 - Liability for lost benefits

Current through June 24, 2024
Benefits will not be replaced if lost as a result of the loss
				  or theft of the EBT card and PIN up to the point in time that the recipient
				  reports the loss to recipient customer service. Benefits will not be replaced
				  if lost due to fraud committed, in total or in part, by the recipient. The
				  department shall assure the replacement of benefits lost after the recipient or
				  representative reports to recipient customer service that the card has been
				  lost or stolen. The department also shall assure the replacement of benefits
				  that are lost due to system errors or malfunctions. A recipient shall follow
				  the dispute resolution process specified in s. DHS 252.2 if he or she believes
				  that benefit replacement is warranted.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.19 - Fraudulent activity

Current through June 24, 2024
(1) INDIVIDUAL.
(a) An individual may be disqualified from
				the food stamp program for an IPV related to fraudulent EBT transactions. IPV
				is determined by an administrative disqualification hearing, court hearing, or
				disqualification agreement or waiver as provided in
				7 CFR
				273.16. An individual found guilty of an IPV
				is ineligible for one year for the first violation, 2 years for the second
				violation, and permanently for the third violation or for any violation
				involving the use of $500 or more worth of food stamps for purposes other than
				which they are intended.
(b)
				Individuals may be fined, imprisoned or both for food stamp offenses as
				specified in s.
				946.92,
				Stats., depending on the value of the food coupons and whether it is the first,
				second or subsequent offense.
(c)
				The EBT card is a financial transaction card. Financial card crimes are
				described in s.
				943.41,
				Stats. Any person violating the provisions of this section is subject to the
				penalties described therein.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.20 - Confidentiality

Current through June 24, 2024
The department shall take all reasonable steps to ensure that
				  information regarding food stamp recipients will be kept confidential by the
				  EBT vendor and the card issuer. The department shall oversee the EBT vendor's
				  and card issuer's performance in this area.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.21 - EBT system security

Current through June 24, 2024
The department shall take all reasonable steps to ensure the
				  security of card issuance and the electronic transfer of benefits. The
				  department shall oversee the EBT vendor's and card issuer's performance in this
				  area.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.22 - Resolution of disputes

Current through June 24, 2024
Recipients shall contact recipient customer service regarding
				  EBT account transaction issues and requests for benefit replacement within 90
				  calendar days from the date of the original transaction being disputed. If
				  recipient customer service is unable to resolve the dispute or error, they will
				  refer it to state or county dispute resolution staff. The recipient may request
				  a hearing at any time in accordance with ch. HA 3. A description of the
				  complete dispute resolution process shall be provided in the training
				  material.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.23 - Conversion to coupons

Current through June 24, 2024
Food stamp groups moving out of Wisconsin may not have their
				  electronic food stamp benefits converted to paper coupons.
Effective June 25, 2003,
					 7 CFR
					 274.12(g) (6) (i) as amended
					 gave states the option to either convert electronic benefits to paper coupons
					 or assist clients in finding an authorized retail location where their
					 electronic benefits can be used in another state. Consistent with
					 7 CFR
					 274.12(g) (6) (i), the
					 department chose to discontinue the practice of converting electronic benefits
					 to coupons when the household moved out of state.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.25 - Expungement

Current through June 24, 2024
All food stamp benefits shall be expunged from the EBT
				  account at the direction of the department if any of the following
				  occur:
(1) Benefits have not been
				accessed by the household for a period of one year, or
(2) The EBT food account has been converted
				to food stamp coupons, or
(3) A
				one-person food stamp group is denied due to death of the recipient.
(4) The food stamp group loses its rights to
				the expunged benefits as stated in
				7 CFR
				274.12(g)(7).
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.26 - Quest[TM] standards

Current through June 24, 2024
The department shall incorporate the terms of the QUESTT
				  operating rules of the National Automated Clearing House Association into its
				  contract with the EBT vendor.
A copy of the QUESTT Operating Rules may be ordered by
					 contacting NACHA, 13665 Dulles Technology Drive, Suite 300, Herndon, Virginia
					 20171. Phone 1(800) 487-9180.
Wisconsin Administrative Code › Department of Health Services › DHS 250 - Economic Support › Chapter DHS 252 - Electronic Benefit Transfer › Section DHS 252.27 - Future programs

Current through June 24, 2024
If the department decides to use the EBT system to deliver
				  benefits for any other program it administers, the department shall designate
				  the program by rule. The department also may enter into an agreement with any
				  other government agency to deliver benefits paid by that agency through the use
				  of the system.