Chapter 49

49.688   Prescription drug assistance for elderly persons.

49.70   County home; establishment.

49.703   County homes; commitments; admissions.

49.71   County hospitals; establishment.

49.713   County hospitals; admissions.

49.72   County infirmaries; establishment.

49.723   County infirmaries, admissions; standards.

49.726   County infirmaries; cost of treatment, care and maintenance of patients.

49.729   County infirmaries; fees and expenses of proceedings.

49.73   Residential care institutions; establishment.

49.74   Institutions subject to chapter 150.

49.76   Department duties relating to hunger prevention.

49.77   State supplemental payments.

49.775   Payments for the support of children of supplemental security income recipients.

49.776   Payment of support arrears.

49.78   Income maintenance administration.

49.785   Funeral expenses.

49.79   Food stamp administration.

49.791   Substance abuse screening, testing, and treatment for employment and training programs.

49.793   Recovery of food stamps.

49.796   Food stamp reinstatement.

49.797   Electronic benefit transfer.

SUBCHAPTER VI

GENERAL PROVISIONS

49.81   Public assistance recipients’ bill of rights.

49.82   Administration of public assistance programs.

49.823   Public benefit database review.

49.825   Department administration in Milwaukee County.

49.826   Administration of child care provider services in certain counties.

49.83   Limitation on giving information.

49.835   Statements in applications.

49.84   Verification of public assistance applications.

49.845   Fraud investigation and error reduction.

49.846   Jurisdiction of the department of justice.

49.847   Recovery of incorrect payments under certain public assistance programs.

49.849   Recovery of correct payments under certain public assistance programs.

49.85   Certification of certain public assistance overpayments, payment recoveries, and delinquent loan repayments.

49.852   Delinquent support payments; pension plans.

49.853   Financial record matching program.

49.854   Liens against property for delinquent support payments.

49.855   Certification of delinquent payments.

49.856   Notification of delinquent payments.

49.857   Administrative enforcement of support; denial, nonrenewal, restriction and suspension of licenses.

49.858   General provisions related to administrative support enforcement.

49.86   Disbursement of funds and facsimile signatures.

49.89   Third party liability.

49.90   Liability of relatives; enforcement.

49.96   Assistance grants exempt from levy.

subch. I of ch. 49 SUBCHAPTER I

DEFINITIONS

49.001 49.001 Definitions. In this chapter:

49.001(1) (1) “Child care provider” means a child care provider that is licensed under s. 48.65 (1), certified under s. 48.651 or established or contracted for under s. 120.13 (14).

49.001(1m) (1m) “Essential person” means any person defined as an essential person under federal Title XVI.

49.001(2) (2) “Federal Title XVI” means Title XVI of the federal social security act.

49.001(3) (3) “Foster home” has the meaning given in s. 48.02 (6).

49.001(3m) (3m) “Intentional program violation” means intentionally making a false or misleading statement, intentionally misrepresenting or withholding facts, or intentionally committing any act that constitutes a violation of state or federal law for the purpose of using, presenting, transferring, acquiring, receiving, possessing, or trafficking benefits under this chapter.

49.001(4) (4) “Municipality” means any town, city or village.

49.001(5) (5) “Poverty line” means the poverty line as defined and revised annually under 42 USC 9902 (2).

49.001(5m) (5m) “Prisoner” means any person who is either arrested, incarcerated, imprisoned or otherwise detained in excess of 12 hours by any law enforcement agency of this state, except when detention is pursuant to s. 51.15, 51.20, 51.45 (11) (b) or, 55.13, or 55.135 or ch. 980. “Prisoner” does not include any person who is serving a sentence of detention under s. 973.03 (4) unless the person is in the county jail under s. 973.03 (4) (c).

49.001(5p) (5p) “Relief block grant” means a block grant awarded to a county or tribal governing body under s. 49.025, 2009 stats., s. 49.027, 2009 stats., or s. 49.029.

49.001(6) (6) “Residence” means the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation. Physical presence is prima facie evidence of intent to remain.

49.001(8) (8) “Voluntary” means according to an individual’s free choice, if competent, or by choice of his or her guardian if the individual is adjudicated incompetent.

49.001(9) (9) “Wisconsin Works agency” means a person under contract under s. 49.143 to administer Wisconsin Works under ss. 49.141 to 49.161. If no contract is awarded under s. 49.143, “Wisconsin Works agency” means the department of children and families.

49.001 History History: 1995 a. 27 ss. 2639, 2644, 2654 to 2666, 3083; 1995 a. 289; 1997 a. 3; 2005 a. 264, 387; 2007 a. 20, 45; 2009 a. 28; 2011 a. 202.

subch. II of ch. 49 SUBCHAPTER II

RELIEF BLOCK GRANTS

49.01 49.01 Definitions. As used in this subchapter:

49.01(1g) (1g) “American Indian” means a person who is recognized by an elected tribal governing body in this state as a member of a federally recognized Wisconsin tribe or band of Indians.

49.01(1m) (1m) “Department” means the department of health services.

49.01(2) (2) “Dependent person” means an individual who is eligible for relief under s. 49.015.

49.01(2g) (2g) “Health care services” means such emergency and nonemergency medical, surgical, dental, hospital, nursing and optometric services as are reasonable and necessary under the circumstances, as determined by the county or tribal governing body. “Health care services” does not include services described under s. 51.42 (3) (ar) 4.

49.01(3) (3) “Relief” means assistance that is provided to a dependent person and funded by a relief block grant.

49.01(3m) (3m) “Relief agency” means a tribal governing body or an agency under contract with a tribal governing body to administer relief if the tribal governing body operates a relief program funded by a relief block grant.

49.01(8L) (8L) “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 Winnebago tribe, 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.

49.01(8p) (8p) “Tribal governing body” means an elected tribal governing body of a federally recognized American Indian tribe.

49.01 History History: 1973 c. 147, 333; 1979 c. 34; 1981 c. 20; 1983 a. 27; 1983 a. 189 ss. 35 to 37, 329 (19); 1985 a. 29 ss. 932 to 935, 996, 997, 3200 (23); 1985 a. 176; 1989 a. 359; 1991 a. 316; 1993 a. 99 s. 72; 1993 a. 446; 1995 a. 18; 1995 a. 27 ss. 2648 to 2668, 2753, 9126 (19); 2007 a. 20 s. 9121 (6) (a); 2009 a. 28.

49.015 49.015 Relief eligibility.

49.015(1) (1) General eligibility requirements. Except as provided in subs. (1m) to (2m), an individual is eligible for relief if the individual meets all of the following conditions:

49.015(1)(a) (a) Except as provided in sub. (3) (a), the individual resides on tax-free land on which the tribal governing body operates a program funded by a relief block grant.

49.015(1)(am) (am) The individual authorizes any program or resource for which he or she is determined to be eligible to reimburse the relief agency for health care services provided to the individual if the program or resource permits reimbursement for the services provided.

49.015(1)(c) (c) The individual qualifies under written criteria of dependency under s. 49.02 (1) (b) established by the relief agency on that tax-free land.

49.015(1m) (1m) State residency requirements.

49.015(1m)(a) (a) In this subsection, “close relative” means the person’s parent, grandparent, brother, sister, spouse or child.

49.015(1m)(b) (b) No individual is eligible for relief unless the individual has resided in this state for at least 60 consecutive days before applying for relief. This requirement does not apply if the individual resides in this state and meets any of the following conditions:

49.015(1m)(b)1. 1. The individual was born in this state.

49.015(1m)(b)2. 2. The individual has, in the past, resided in this state for at least 365 consecutive days.

49.015(1m)(b)3. 3. The individual came to this state to join a close relative who has resided in this state for at least 180 days before the arrival of the individual.

49.015(1m)(b)4. 4. The individual came to this state to accept a bona fide offer of employment and the individual was eligible to accept the employment.