Chapter 49, PUBLIC ASSISTANCE AND CHILDREN AND FAMILY SERVICES
150 sections in this chapter.
Wis. Stat. § 49.225 Ordering genetic tests
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49.225 Ordering genetic tests. (1) In this section, “genetic test” has the meaning given in s. 767.001 (1m). (2) (a) A county child support agency under s. 59.53 (5) may require, by subpoena in substantially the form authorized under s. 885.02 or by other means, a child, the chil…
Wis. Stat. § 49.227 Program for publication of delinquent child support obligors
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49.227 Program for publication of delinquent child support obligors. The department shall establish a program to increase public awareness about the importance of the payment of child support. The program shall include publication of information, such as names and photographs, th…
Wis. Stat. § 49.24 Child support incentive payments
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49.24 Child support incentive payments. (1) The department shall provide child support incentive payments to counties from one of the following appropriations: (a) Unless par. (b) applies, from the appropriation under s. 20.437 (2) (bc). (b) If federal legislation provides for th…
Wis. Stat. § 49.25 Incentive payments for identifying children with health insurance
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49.25 Incentive payments for identifying children with health insurance. From the appropriation under s. 20.437 (2) (e), the department may provide incentive payments to county child support agencies under s. 59.53 (5) for identifying children who are receiving medical assistance…
Wis. Stat. § 49.255 Case management incentive payments
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49.255 Case management incentive payments. An individual who receives case management services under s. 49.1475 is eligible to receive from the department a supplement of $50 per month over a period of 12 months if the individual meets the federal work participation requirements …
Wis. Stat. § 49.257 Milwaukee child care grant program
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49.257 Milwaukee child care grant program. (1) In this section, “child care provider” has the meaning given in s. 49.155 (1) (ag). (2) From the allocation under s. 49.175 (1) (p), the department may award grants to child care providers to support access to high-quality child care…
Wis. Stat. § 49.26 Learnfare program
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49.26 Learnfare program. (1) (a) In this subsection: 1. “Habitual truant” has the meaning given in s. 118.16 (1) (a). 2. “School” means any one of the following: a. A public school, as described in s. 115.01 (1). b. A private school, as defined in s. 115.001 (3r). bm. A tribal sc…
Wis. Stat. § 49.265 Community action agencies
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49.265 Community action agencies. (1) DEFINITIONS. In this section: (a) “Limited-purpose agency” means a private, nonprofit organization that is a statewide organization whose project has statewide impact. (b) “Poor person” means a resident of a community served by a community ac…
Wis. Stat. § 49.27 Legal actions
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49.27 Legal actions. The department may sue and be sued. History: 2007 a. 20.
Wis. Stat. § 49.273 Research, investigations
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49.273 Research, investigations. The secretary shall plan for and establish within the department a program of research designed to determine the effectiveness of the treatment, curative, and rehabilitative programs of the various divisions of the department. The secretary may in…
Wis. Stat. § 49.275 Cooperation with federal government
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49.275 Cooperation with federal government. The department may cooperate with the federal government in carrying out federal acts concerning public assistance under this subchapter, child welfare under ch. 48, and community-based juvenile delinquency-related services under ch. 93…
Wis. Stat. § 49.29 Loss of eligibility
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49.29 Loss of eligibility. If a court finds or it is determined after an administrative hearing that meets the requirements in regulations of the federal department of health and human services under 42 USC 616 (b) that an individual who is a member of a family applying for or re…
Wis. Stat. § 49.32 Department; powers and duties
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49.32 Department; powers and duties. (1) UNIFORM FEE SCHEDULE, LIABILITY AND COLLECTIONS. (a) Except as provided in s. 49.345 (14) (b) and (c), the department shall establish a uniform system of fees for services under this subchapter and 49.32 ch. 48, and community-based juvenil…
Wis. Stat. § 49.325 County department budgets and contracts
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49.325 County department budgets and contracts. (1) BUDGET. (a) Each county department under s. 46.215, 46.22, or 46.23 shall submit its final budget for services purchased or directly provided under this subchapter or ch. 48 and for community-based juvenile delinquency-related s…
Wis. Stat. § 49.34 Purchase of care and services
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49.34 Purchase of care and services. (1) All services under this subchapter and ch. 48 and all community-based juvenile delinquency-related services under ch. 938 purchased by the department or by a county department under s. 46.215, 46.22, or 46.23 shall be authorized and contra…
Wis. Stat. § 49.343 Rates for residential care centers, group homes, and child welfare agencies
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49.343 Rates for residential care centers, group homes, and child welfare agencies. (1d) DEFINITIONS. In this section: (a) “Administrative rate” means the difference between the rate charged by a child welfare agency to a purchaser of foster care services and the rate paid by the…
Wis. Stat. § 49.345 Cost of care and maintenance; liability; collection and deportation counsel; collections; court actions; recovery
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49.345 Cost of care and maintenance; liability; collection and deportation counsel; collections; court actions; recovery. (1) Liability and the collection and enforcement of such liability for the care, maintenance, services, and supplies specified in this section are governed ex…
Wis. Stat. § 49.348 Recidivism reduction program
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49.348 Recidivism reduction program. (1) The department may request proposals for a program that reduces the rate of recidivism of persons in the city of Milwaukee who have previously been incarcerated following a criminal conviction. The department shall specify that the program…
Wis. Stat. § 49.35 Public assistance; supervisory functions of department
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49.35 Public assistance; supervisory functions of department. (1) (a) The department shall supervise the administration of programs under this subchapter and ch. 48 and of community-based juvenile delinquency-related programs under ch. 938. The department shall submit to the fede…
Wis. Stat. § 49.36 Work experience program for noncustodial parents
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49.36 Work experience program for noncustodial parents. (1) In this section: (a) “Custodial parent” means a parent who lives with his or her child for substantial periods of time. (b) “Tribal governing body” means an elected tribal governing body of a federally recognized America…
Wis. Stat. § 49.37 Offender reentry demonstration project
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49.37 Offender reentry demonstration project. (1) Beginning in fiscal year 2017-18, the department of children and families shall establish a 5-year offender reentry demonstration project focused on noncustodial fathers in a 1st class city. (2) Upon completion of the demonstratio…
Wis. Stat. § 49.38 Menominee Enterprises, Inc
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49.38 Menominee Enterprises, Inc., bonds, acquisition. (1) The department is authorized to exercise options to purchase securities assigned to the state of Wisconsin under s. 710.05, 1973 stats., at par value, or to accept an assignment of such securities, for the purpose of prov…
Wis. Stat. § 49.385 No action against members of the Menominee Indian tribe in certain cases
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49.385 No action against members of the Menominee Indian tribe in certain cases. No action shall be commenced under s. 46.10 or 49.08 or any other provision of law for the recovery from assets distributed to members of the Menominee Indian tribe and others by the United States pu…
Wis. Stat. § 49.43 Definitions
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49.43 Definitions. As used in ss. 49.43 to 49.497 unless the context indicates otherwise: (1e) “Accommodated person” means any person in a hospital or in a skilled nursing facility or intermediate care facility, as de- 49.43 fined in Title XIX of the social security act, who woul…
Wis. Stat. § 49.45 Medical assistance; administration
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49.45 Medical assistance; administration. (1) PURPOSE. To provide appropriate health care for eligible persons and obtain the most benefits available under Title XIX of the federal social security act, the department shall administer medical assistance, rehabilitative and other s…
Wis. Stat. § 49.452 Counting promissory notes as assets for certain Medical Assistance programs
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49.452 Counting promissory notes as assets for certain Medical Assistance programs. (1) In this section, “promissory note” means a written, unconditional agreement, given in return for goods, money loaned, or services rendered, under which one party promises to pay another party …
Wis. Stat. § 49.453 Divestment of assets
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49.453 Divestment of assets. (1) DEFINITIONS. In this section and in s. 49.454: (a) “Assets” has the meaning given in 42 USC 1396p (h) (1). (am) “Covered individual” means an individual who is an institutionalized individual or a noninstitutionalized individual. (ar) “Community s…
Wis. Stat. § 49.454 Treatment of trust amounts
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49.454 Treatment of trust amounts. (1) APPLICABILITY. (a) Except as provided in sub. (4), this section applies to an individual with respect to a trust if assets of the individual or the individual’s spouse were used to form all or part of the corpus of the trust and if any of th…
Wis. Stat. § 49.455 Protection of income and resources of couple for maintenance of community spouse
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49.455 Protection of income and resources of couple for maintenance of community spouse. (1) DEFINITIONS. In this section: (a) “Community spouse” means an individual who is married to an institutionalized spouse. (b) “Consumer price index” means the consumer price index for all u…
Wis. Stat. § 49.46 Medical assistance; recipients of social security aids
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49.46 Medical assistance; recipients of social security aids. (1) ELIGIBILITY. (a) The following shall receive medical assistance under this section: 1. Notwithstanding s. 49.19 (20), any individual who, without regard to the individual’s resources, would qualify for a grant of a…
Wis. Stat. § 49.463 Ineligibility for noncompliance with child support determinations and obligations
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49.463 Ineligibility for noncompliance with child support determinations and obligations. (1) DEFINITIONS. In this section: (a) “Able-bodied adult” means an adult who is not elderly, as defined in s. 49.468 (1) (a) 2., or disabled, as defined in s. 49.471 (1) (cm), who is not pre…
Wis. Stat. § 49.465 Presumptive medical assistance eligibility
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49.465 Presumptive medical assistance eligibility. (1) In this section, “qualified provider” means a provider which satisfies the requirements under 42 USC 1396r-1 (b) (2), as determined by the department. 49.468 (2) A pregnant woman is eligible for medical assistance benefits, a…
Wis. Stat. § 49.468 Expanded medicare buy-in
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49.468 Expanded medicare buy-in. (1) (a) In this subsection and sub. (1m): 1. “Disabled” means blind, as defined under 42 USC 1382c (a) (2) and disabled, as defined under 42 USC 1382c (a) (3). 2. “Elderly” means 65 years of age or older. 3. “Entitled to coverage under part A of m…
Wis. Stat. § 49.47 Medical assistance; medically indigent
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49.47 Medical assistance; medically indigent. (1) PURPOSE. Medical assistance as set forth herein shall be provided to persons over 65, if eligible under this section, all disabled children under 18, if eligible under this section, and persons who are blind or disabled, if eligib…
Wis. Stat. § 49.471 BadgerCare Plus
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49.471 BadgerCare Plus. (1) DEFINITIONS. In this section, unless the context requires otherwise: (a) “BadgerCare Plus” means the Medical Assistance program described in this section. (b) “Caretaker relative” means an individual who is maintaining a residence as a child’s home, wh…
Wis. Stat. § 49.472 Medical assistance purchase plan
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49.472 Medical assistance purchase plan. (1) DEFINITIONS. In this section: (a) “Earned income” has the meaning given in 42 USC 1382a (a) (1). (am) “Family” means an individual, the individual’s spouse and any dependent child, as defined in s. 49.141 (1) (c), of the individual. (b…
Wis. Stat. § 49.473 Medical assistance; women diagnosed with breast or cervical cancer or precancerous conditions
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49.473 Medical assistance; women diagnosed with breast or cervical cancer or precancerous conditions. (1) In this section: (a) “County department” means a county department under s. 46.215, 46.22, or 46.23. (b) “Qualified entity” has the meaning given in 42 USC 1396r-1b (b) (2). …
Wis. Stat. § 49.475 Information about assistance program beneficiaries; electronic submission of claims
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49.475 Information about assistance program beneficiaries; electronic submission of claims. (1) DEFINITIONS. In this section: (ar) “Disability insurance policy” has the meaning given in s. 632.895 (1) (a). (b) “Insurer” has the meaning given in s. 600.03 (27). (c) “Pharmacy benef…
Wis. Stat. § 49.48 Denial, nonrenewal and suspension of certification of service providers based on certain delinquency in payment
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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 depart- PUBLIC ASSISTANCE AND CHILDREN AND FAMILY ment with the a…
Wis. Stat. § 49.485 False claims
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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 …
Wis. Stat. § 49.49 Medical assistance offenses
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49.49 Medical assistance offenses. (1d) DAMAGES. If any person is convicted under s. 946.91 (2), the state shall have a cause of action for relief against such person in an amount 3 times the amount of actual damages sustained as a result of any excess payments made in connection…
Wis. Stat. § 49.493 Benefits under uninsured health plans
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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 medic…
Wis. Stat. § 49.496 Recovery of correct medical assistance payments
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49.496 Recovery of correct medical assistance payments. (1) DEFINITIONS. In this section: (af) “Decedent” means a deceased recipient or a deceased nonrecipient surviving spouse, whichever is applicable. (ah) “Disabled” has the meaning given in s. 49.468 (1) (a) 1. (b) “Home” mean…
Wis. Stat. § 49.497 Recovery of incorrect Medical Assistance or Badger Care payments and of unpaid employer penalties
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49.497 Recovery of incorrect Medical Assistance or Badger Care payments and of unpaid employer penalties. (1) (a) The department may recover any payment made incorrectly for benefits provided under this subchapter or s. 49.665 if the incorrect payment results from any of the foll…
Wis. Stat. § 49.498 Requirements for skilled nursing facilities
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49.498 Requirements for skilled nursing facilities. (1) DEFINITIONS. In this section: (a) “Active treatment for developmental disability” means a continuous program for an individual who has a developmental disability that includes aggressive, consistent implementation of special…
Wis. Stat. § 49.499 Nursing facility resident protection
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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. 49.4…
Wis. Stat. § 49.66 Definitions
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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).
Wis. Stat. § 49.665 Badger care
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49.665 Badger care. (1) DEFINITIONS. In this section: (b) “Child” means a person who is born and who is under the age of 19. (c) “Employer-subsidized health care coverage” means family coverage under a group health insurance plan offered by an employer for which the employer pays…
Wis. Stat. § 49.68 Aid for treatment of kidney disease
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49.68 Aid for treatment of kidney disease. 49.68(1)(1) Declaration of policy. The legislature finds that effective means of treating kidney failure are available, including dialysis or artificial kidney treatment or transplants. It further finds that kidney disease treatment is p…
Wis. Stat. § 49.682 Recovery from estates; disease aids and funeral expenses
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49.682 Recovery from estates; disease aids and funeral expenses. (1) In this section: (a) “Client” means a person who receives or received aid under s. 49.68, 49.683, or 49.685 or a person on whose behalf funeral, burial, or cemetery expenses aid was provided under s. 49.785. (am…