SB 245

Under current law, various offenses related to the Medical Assistance program

(MA), Wisconsin Works (W-2), the federal Supplemental Nutrition Assistance

Program, formerly known as the food stamp program and currently known in

Wisconsin as FoodShare, and other public assistance programs administered by the

Department of Children and Families (DCF) and the Department of Health Services

(DHS) (public assistance programs) are subject to criminal penalties. For example,

a person who makes or causes to be made any false statement or representation of

a material fact in an application for a benefit or payment, or for use in determining

rights to any benefit or payment, under MA is subject to a Class H felony. Similarly,

a person who knowingly and willfully makes or causes to be made any false

statement or representation of a material fact in an application for W-2 benefits or

payments may be fined not more than $10,000, imprisoned for not more than nine

months, or both. This bill moves offenses related to public assistance programs to

the chapter of the Wisconsin Statutes that relates to crimes against government and

its administration. Specifically, under the bill, that chapter of the Wisconsin

Statutes contains provisions related to W-2 fraud, MA fraud, FoodShare fraud, and

general public assistance fraud.

Under current law, the Department of Justice (DOJ) or a district attorney is

authorized to prosecute violations of criminal laws affecting MA. Under the bill, DOJ

or a district attorney is authorized to prosecute violations of criminal laws affecting

any public assistance program, including W-2, FoodShare, and MA.

Under current law, any person who makes any statement in a written

application for public assistance is considered to have made an admission as to the

existence, correctness, or validity of any fact stated, which may be used in an

enforcement action. Under the bill, an employee who accepts an application for

public assistance is authorized to administer an oath to the applicant that the

information given is true and correct to the best of the applicant's knowledge. The

bill also requires DCF and DHS to promulgate rules providing standards and

procedures for the administration of such an oath.