BadgerCare Cuts Coming! Get Help Through Affordable Care Act MarketPlace

Wisconsin Governor Scott Walker is slashing BadgerCare eligibility effective January 1, 2014. The Affordable Care Act Marketplace, sometimes called "ObamaCare" is the best place for Wisconsin residents to find out if their BadgerCare eligibility will be slashed January 1, 2014. It is also the place to shop for new insurance in the Affordable Care Act Marketplace, and to find out if you will be eligibile for an income tax credit to help pay for the insurance.

If you have received a notice from the State of Wisconsin saying your BadgerCare eligibility is ending, get more information here

Click here for the Wisconsin Affordable Care Act website or call CALL 1 (800) 318-2596 or TTY: 1 (855) 889-4325

Rights of Victims of Identity Theft in Criminal Background Reports Contrasted

The NBC affiliate in Chicago has contrasted the disparity of legal remedies available to victims of identity theft in criminal background checks. In one case, from Illinois, the victim was able to use a federal law covering consumer reporting agencies to obtain a monetary settlement that will provide a significant incentive to stop the circulating of incorrect criminal background check reports. By contrast, the Wisconsin case, which involves criminal background reports produced by the Wisconsin Department of Justice, has no such remedy.

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Wisconsin Appellate Courts Require Hearing in Wrongfully Terminated Day Care License Cases

In 2009, in its haste to "do something" about newspaper reports of fraud in the child care program, the Wisconsin legislature an ambiguous statute. The new law permanently disqualifies people who have been convicted of a crime involving "fraudulent activity" by a participant in any one of many, specifically listed, public assistance programs. One of the people swept up in that statute asked for an administrative hearing to prove that the new law did not apply to her. The Department of Workforce Development convinced an administrative law judge that she was not even entitled to be heard on whether the new law applied to her.

On February 7, 2012, the Wisconsin Court of Appeals reversed the administrative law judge and remanded the case for a hearing. Calling the State's position "troubling," especially given the harsh consequences of the ambiguous new law, the Court of Appeals held that the state could not conclude without a hearing that the new law applied. Click here to read the opinion

The Wisconsin Attorney General appealed. On January 13, 2013, the Wisconsin Supreme Court affirmed the Wisconsin Court of Appeals. Jamerson v. Department of Children and Families. Three months later, the Wisconsin Court of Appeals, applied Jamerson. In Blake v. Racine County Human Services Dept., 3013 WI APP 45 that evidence beyond the criminal complaint is required to establish both "fraudulent activity" and that the activity was by a participant in one of the listed public benefits programs.

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