AB56-ASA1,455,321
705.04
(2g) Notwithstanding subs. (1) and (2), the department of health
22services may collect, from funds of a decedent that are held by the decedent
23immediately before death in a joint account or a P.O.D. account, an amount equal to
24the medical assistance that is recoverable under s. 49.496 (3) (a), an amount equal
25to aid under s. 49.68, 49.683, 49.685, or 49.785 that is recoverable under s. 49.682 (2)
1(a) or (am), or an amount equal to long-term community support services under s.
246.27
, 2017 stats., that is recoverable under s. 46.27 (7g) (c) 1.
, 2017 stats., and that
3was paid on behalf of the decedent or the decedent's spouse.
AB56-ASA1,2111
4Section 2111
. 706.11 (4) of the statutes is amended to read:
AB56-ASA1,455,75
706.11
(4) Subsection (1) does not apply to a 2nd mortgage assigned to or
6executed to the department of veterans affairs under s. 45.80 (4) (a) 1., 1989 stats.,
7or s. 45.37 (3)
, 2017 stats.
AB56-ASA1,2112
8Section 2112
. 766.55 (2) (bm) of the statutes is amended to read:
AB56-ASA1,455,119
766.55
(2) (bm) An obligation incurred by a spouse that is recoverable under
10s. 46.27 (7g),
2017 stats., 49.496, 49.682, or 49.849 may be satisfied from all property
11that was the property of that spouse immediately before that spouse's death.
AB56-ASA1,2117
12Section 2117
. 767.57 (1e) (c) of the statutes is amended to read:
AB56-ASA1,455,1813
767.57
(1e) (c) The department or its designee shall collect an annual fee of
$25 14$35 from every individual receiving child support or family support payments. In
15applicable cases, the fee shall comply with all requirements under
42 USC 654 (6)
16(B). The department or its designee may deduct the fee from maintenance, child or
17family support, or arrearage payments. Fees collected under this paragraph shall
18be deposited in the appropriation account under s. 20.437 (2) (ja).
AB56-ASA1,2133
19Section 2133
. 859.02 (2) (a) of the statutes is amended to read:
AB56-ASA1,455,2520
859.02
(2) (a) It is a claim based on tort, on a marital property agreement that
21is subject to the time limitations under s. 766.58 (13) (b) or (c), on Wisconsin income,
22franchise, sales, withholding, gift, or death taxes, or on unemployment insurance
23contributions due or benefits overpaid; a claim for funeral or administrative
24expenses; a claim of this state under s. 46.27 (7g),
2017 stats., 49.496, 49.682, or
2549.849; or a claim of the United States; or
AB56-ASA1,2134
1Section
2134. 859.07 (2) (a) 3. of the statutes is amended to read:
AB56-ASA1,456,52
859.07
(2) (a) 3. The decedent or the decedent's spouse received services
3provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk),
4medical assistance under subch. IV of ch. 49, long-term community support services
5funded under s. 46.27 (7)
, 2017 stats., or aid under s. 49.68, 49.683, 49.685, or 49.785.
AB56-ASA1,2135
6Section 2135
. 867.01 (3) (am) 4. of the statutes is amended to read:
AB56-ASA1,456,117
867.01
(3) (am) 4. Whether the decedent or the decedent's spouse received
8services provided as a benefit under a long-term care program, as defined in s. 49.496
9(1) (bk), medical assistance under subch. IV of ch. 49, long-term community support
10services funded under s. 46.27 (7),
2017 stats., or aid under s. 49.68, 49.683, 49.685,
11or 49.785.
AB56-ASA1,2136
12Section 2136
. 867.01 (3) (d) of the statutes is amended to read:
AB56-ASA1,456,1913
867.01
(3) (d)
Notice. The court may hear the matter without notice or order
14notice to be given under s. 879.03. If the decedent or the decedent's spouse received
15services provided as a benefit under a long-term care program, as defined in s. 49.496
16(1) (bk), medical assistance under subch. IV of ch. 49, long-term community support
17services funded under s. 46.27 (7),
2017 stats., or aid under s. 49.68, 49.683, 49.685,
18or 49.785, the petitioner shall give notice by certified mail to the department of
19health services as soon as practicable after filing the petition with the court.
AB56-ASA1,2137
20Section 2137
. 867.02 (2) (am) 6. of the statutes is amended to read:
AB56-ASA1,456,2521
867.02
(2) (am) 6. Whether the decedent or the decedent's spouse received
22services provided as a benefit under a long-term care program, as defined in s. 49.496
23(1) (bk), medical assistance under subch. IV of ch. 49, long-term community support
24services funded under s. 46.27 (7),
2017 stats., or aid under s. 49.68, 49.683, 49.685,
25or 49.785.
AB56-ASA1,2138
1Section
2138. 867.03 (1g) (c) of the statutes is amended to read:
AB56-ASA1,457,62
867.03
(1g) (c) Whether the decedent or the decedent's spouse ever received
3services provided as a benefit under a long-term care program, as defined in s. 49.496
4(1) (bk), medical assistance under subch. IV of ch. 49, long-term community support
5services funded under s. 46.27 (7),
2017 stats., or aid under s. 49.68, 49.683, 49.685,
6or s. 49.785.
AB56-ASA1,2139
7Section 2139
. 867.03 (1m) (a) of the statutes is amended to read:
AB56-ASA1,457,218
867.03
(1m) (a) Whenever an heir, trustee, person named in the will to act as
9personal representative, or person who was guardian of the decedent at the time of
10the decedent's death intends to transfer a decedent's property by affidavit under sub.
11(1g) and the decedent or the decedent's spouse ever received services provided as a
12benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical
13assistance under subch. IV of ch. 49, long-term community support services funded
14under s. 46.27 (7),
2017 stats., or aid under s. 49.68, 49.683, 49.685, or 49.785, the
15heir, trustee, person named in the will to act as personal representative, or person
16who was guardian of the decedent at the time of the decedent's death shall give notice
17to the department of health services of his or her intent. The notice shall include the
18information in the affidavit under sub. (1g) and the heir, trustee, person named in
19the will to act as personal representative, or person who was guardian of the
20decedent at the time of the decedent's death shall give the notice by certified mail,
21return receipt requested.
AB56-ASA1,2140
22Section 2140
. 867.03 (1m) (b) of the statutes is amended to read:
AB56-ASA1,458,523
867.03
(1m) (b) An heir, trustee, person named in the will to act as personal
24representative, or person who was guardian of the decedent at the time of the
25decedent's death who files an affidavit under sub. (1g) that states that the decedent
1or the decedent's spouse received services provided as a benefit under a long-term
2care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV of
3ch. 49, long-term community support services funded under s. 46.27 (7),
2017 stats., 4or aid under s. 49.68, 49.683, 49.685, or 49.785 shall attach to the affidavit the proof
5of mail delivery of the notice required under par. (a) showing the delivery date.
AB56-ASA1,2141
6Section 2141
. 867.03 (2g) (b) of the statutes is amended to read:
AB56-ASA1,458,227
867.03
(2g) (b) Property transferred under this section to or by an heir, trustee,
8person named in the will to act as personal representative, or person who was
9guardian of the decedent at the time of the decedent's death is subject to the right of
10the department of health services to recover under s. 46.27 (7g)
, 2017 stats., 49.496,
1149.682, or 49.849 an amount equal to the medical assistance that is recoverable
12under s. 49.496 (3) (a), an amount equal to aid under s. 49.68, 49.683, 49.685, or
1349.785 that is recoverable under s. 49.682 (2) (a) or (am), or an amount equal to
14long-term community support services under s. 46.27
, 2017 stats., that is
15recoverable under s. 46.27 (7g) (c) 1.
, 2017 stats., and that was paid on behalf of the
16decedent or the decedent's spouse. Upon request, the heir, trustee, person named in
17the will to act as personal representative, or person who was guardian of the
18decedent at the time of the decedent's death shall provide to the department of health
19services information about any of the decedent's property that the heir, trustee,
20person named in the will to act as personal representative, or person who was
21guardian of the decedent at the time of the decedent's death has distributed and
22information about the persons to whom the property was distributed.
AB56-ASA1,2142
23Section 2142
. 893.33 (4r) of the statutes is amended to read:
AB56-ASA1,458,2524
893.33
(4r) This section applies to liens of the department of health services
25on real property under ss. 46.27 (7g),
2017 stats., 49.496, 49.682, and 49.849.
AB56-ASA1,2167
1Section
2167. 938.357 (3) (d) of the statutes is amended to read:
AB56-ASA1,459,112
938.357
(3) (d) A juvenile who is placed in a Type 1 juvenile correctional facility
3under par. (b) or (c) is the financial responsibility of the county department of the
4county where the juvenile was adjudicated delinquent
and that. The county
5department shall reimburse the department of corrections at the rate specified
6under s. 301.26 (4) (d) 2. or 3., whichever is applicable, for the cost of
the a juvenile's
7care while placed in a Type 1 juvenile correctional facility
other than the Mendota
8juvenile treatment center. The county department shall reimburse the department
9of health services at a rate specified by that department for the cost of a juvenile's
10care while placed at the Mendota juvenile treatment center and these payments
11shall be deposited in the appropriation account under s. 20.435 (2) (gk).