(ag) Except as otherwise provided in accordance with a collective 16
bargaining agreement under subch. I, V, or VI of ch. 111 or s. 230.12 or 233.10, the 17
employer shall pay for its currently employed insured employees:
1. For insured part-time employees other than employees specified in s. 40.02 19
(25) (b) 2., including those in project positions as defined in s. 230.27 (1), who are 20
appointed to work less than 1,566 hours per year, an amount equal to 50 percent of 21
the employer contribution under subd. 2.
2. For eligible employees not specified in subd. 1., regardless of the plan 23
selected by the employee, not less than 80 percent of the average premium cost of 24
plans offered in the tier with the lowest employee premium cost under s. 40.51 (6).
(b) Except as provided under pars. (bc) and (bp), accumulated4
unused sick leave under ss. 13.121 (4), 36.30, 230.35 (2), 233.10, and 757.02 (5) and 5
subch. I, V, or VI of ch. 111 of any eligible employee shall, at the time of death, upon 6
qualifying for an immediate annuity or for a lump sum payment under s. 40.25 (1) 7
or upon termination of creditable service and qualifying as an eligible employee 8
under s. 40.02 (25) (b) 6. or 10., be converted, at the employee's highest basic pay rate 9
he or she received while employed by the state, to credits for payment of health 10
insurance premiums on behalf of the employee or the employee's surviving insured 11
dependents. Any supplemental compensation that is paid to a state employee who 12
is classified under the state classified civil service as a teacher, teacher supervisor, 13
or education director for the employee's completion of educational courses that have 14
been approved by the employee's employer is considered as part of the employee's 15
basic pay for purposes of this paragraph. The full premium for any eligible employee 16
who is insured at the time of retirement, or for the surviving insured dependents of 17
an eligible employee who is deceased, shall be deducted from the credits until the 18
credits are exhausted and paid from the account under s. 40.04 (10), and then 19
deducted from annuity payments, if the annuity is sufficient. The department shall 20
provide for the direct payment of premiums by the insured to the insurer if the 21
premium to be withheld exceeds the annuity payment. Upon conversion of an 22
employee's unused sick leave to credits under this paragraph or par. (bf), the 23
employee or, if the employee is deceased, the employee's surviving insured 24
dependents may initiate deductions from those credits or may elect to delay 25
initiation of deductions from those credits, but only if the employee or surviving
insured dependents are covered by a comparable health insurance plan or policy 2
during the period beginning on the date of the conversion and ending on the date on 3
which the employee or surviving insured dependents later elect to initiate 4
deductions from those credits. If an employee or an employee's surviving insured 5
dependents elect to delay initiation of deductions from those credits, an employee or 6
the employee's surviving insured dependents may only later elect to initiate 7
deductions from those credits during the annual enrollment period under par. (be). 8
A health insurance plan or policy is considered comparable if it provides hospital and 9
medical benefits that are substantially equivalent to the standard health insurance 10
plan established under s. 40.52 (1).
(bw) On converting accumulated unused sick leave to credits for the 14
payment of health insurance premiums under par. (b), the department shall add 15
additional credits, calculated in the same manner as are credits under par. (b), that 16
are based on a state employee's accumulated sabbatical leave or earned vacation 17
leave from the state employee's last year of service prior to retirement, or both. The 18
department shall apply the credits awarded under this paragraph for the payment 19
of health insurance premiums only after the credits awarded under par. (b) are 20
exhausted. This paragraph applies only to state employees who are eligible for 21
accumulated unused sick leave conversion under par. (b) and who are entitled to the 22
benefits under this paragraph pursuant to a collective bargaining agreement under 23
subch. V or VI
of ch. 111.
(a) 4. Has received a military leave of absence under s. 230.32 (3) (a) 2
or 230.35 (3), under a collective bargaining agreement under subch. V or VI
of ch. 111 3
or under rules promulgated by the director of the office of state employment relations 4
or is eligible for reemployment with the state under s. 321.64 after completion of his 5
or her service in the U.S. armed forces.
40.05 (5) Income continuation insurance premiums.
(intro.) For the income 9
continuation insurance provided under subch. V the employee shall pay the amount 10
remaining after the employer has contributed the following or, if different, the 11
amount determined under a collective bargaining agreement under subch.
V, or VI 12
of ch. 111 or s. 230.12 or 233.10:
(b) 4. The accrual and crediting of sick leave shall be determined in 16
accordance with ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 238.04 (8), and 757.02 (5) 17
and subch. I,
V, or VI
of ch. 111.
(a) Except as otherwise provided in accordance with a collective 21
bargaining agreement under subch. I,
V, or VI
of ch. 111 or s. 230.12 or 233.10, each 22
insured employee under the age of 70 and annuitant under the age of 65 shall pay 23
for group life insurance coverage a sum, approved by the group insurance board, 24
which shall not exceed 60 cents monthly for each $1,000 of group life insurance, 25
based upon the last amount of insurance in force during the month for which
earnings are paid. The equivalent premium may be fixed by the group insurance 2
board if the annual compensation is paid in other than 12 monthly installments.
Any employer, other than the state, may offer to all of its employees 6
a health care coverage plan through a program offered by the group insurance board. 7
Notwithstanding sub. (2) and ss. 40.05 (4) and 40.52 (1), the department may by rule 8
establish different eligibility standards or contribution requirements for such 9
employees and employers and may by rule limit the categories of employers, other 10
than the state, which may be included as participating employers under this 11
subchapter. Beginning on January 1, 2012, except as otherwise provided in a 12
collective bargaining agreement under subch. IV of ch. 111 and except as provided
13in par. (b)
, an employer may not offer a health care coverage plan to its employees 14
under this subsection if the employer pays more than 88 percent of the average 15
premium cost of plans offered in any tier with the lowest employee premium cost 16
under this subsection.
Sick leave accumulation shall be determined in accordance with rules 22
of the department, any collective bargaining agreement under subch.
V, or VI
ch. 111, and ss. 13.121 (4), 36.30, 49.825 (4) (d) and (5) (d), 49.826 (4) (d), 230.35 (2), 24
233.10, 238.04 (8), 757.02 (5) and 978.12 (3).
Any action taken under this section shall apply to employees covered 4
by a collective bargaining agreement under subch. V or VI
of ch. 111.
Any action taken under this section shall apply to employees covered 8
by a collective bargaining agreement under subch. IV or
V, or VI
of ch. 111.
(a) 2. The employee has his or her compensation established in a 12
collective bargaining agreement under subch. V or VI
of ch. 111.
SB233, s. 74
46.284 (4) (m) of the statutes is created to read:
(m) Compensate providers, as defined in s. 46.2898 (1) (e), in 15
accordance with any agreement under subch. V of ch. 111 relating to a provider hired 16
directly by an enrollee and make any payroll deductions authorized by those 17
(a) 1. If the long-term care district offers employment to any 21
individual who was previously employed by a county, which participated in creating 22
the district and at the time of the offer had not withdrawn or been removed from the 23
district under sub. (14), and who while employed by the county performed duties 24
relating to the same or a substantially similar function for which the individual is 25
offered employment by the district and whose wages, hours, and conditions of
were established in a collective bargaining agreement with the county 2
under subch. IV of ch. 111 that is in effect on the date that the individual commences 3
employment with the district, with respect to that individual, abide by the terms of 4
the collective bargaining agreement concerning the individual's wages
5applicable, vacation allowance, sick leave accumulation, sick leave bank, holiday
6allowance, funeral leave allowance, personal day allowance, or paid time off
until the time of the expiration of that collective bargaining agreement or 8
adoption of a collective bargaining agreement with the district under subch. IV of ch. 9
111 covering the individual as an employee of the district, whichever occurs first.
SB233, s. 76
46.2898 of the statutes is created to read:
1146.2898 Quality home care. (1) Definitions.
In this section:
(a) "Authority" means the Wisconsin Quality Home Care Authority.
(b) "Care management organization" has the meaning given in s. 46.2805 (1).
(cm) "Consumer" means an adult who receives home care services and who 15
meets all of the following criteria:
1. Is a resident of any of the following:
a. A county that has acted under sub. (2) (a).
b. A county in which the Family Care Program under s. 46.286 is available.
c. A county in which the Program of All-Inclusive Care for the Elderly under 2042 USC 1396u-4
d. A county in which the self-directed services option program under 42 USC
(c) is available or in which a program operated under an amendment to the 23
state medical assistance plan under 42 USC 1396n
(j) is available.
2. Self-directs all or part of his or her home care services and is an employer 25
listed on the provider's income tax forms.
3. Is eligible to receive a home care benefit under one of the following:
a. The Family Care Program under s. 46.286.
b. The Program of All-Inclusive Care for the Elderly, under 42 USC 1396u-4
c. A program operated under a waiver from the secretary of the federal 5
department of health and human services under 42 USC 1396n
(c) or 42 USC 1396n 6
(b) and (c) or the self-directed services option operated under 42 USC 1396n
d. A program operated under an amendment to the state medical assistance 8
plan under 42 USC 1396n
(dm) "Home care" means supportive home care, personal care, and other 10
nonprofessional services of a type that may be covered under a medical assistance 11
waiver under 42 USC 1396n
(c) and that are provided to individuals to assist them 12
in meeting their daily living needs, ensuring adequate functioning in their homes, 13
and permitting safe access to their communities.
(e) "Provider" means an individual who is hired by a consumer to provide home 15
care to the consumer but does not include any of the following:
1. A person, while he or she is providing services in the capacity of an employee 17
of any of the following entities:
a. A home health agency licensed under s. 50.49.
b. A personal care provider agency.
c. A company or agency providing supportive home care.
d. An independent living center, as defined in s. 46.96 (1) (ah).
e. A county agency or department under s. 46.215, 46.22, 46.23, 51.42, or 23
2. A health care provider, as defined in s. 146.997 (1) (d), acting in his or her 25
(f) "Qualified provider" means a provider who meets the qualifications for 2
payment through the Family Care Program under s. 46.286, the Program for 3
All-Inclusive Care for the Elderly operated under 42 USC 1396u-4
, an amendment 4
to the state medical assistance plan under 42 USC 1396n
(j), or a medical assistance 5
waiver program operated under a waiver from the secretary of the U.S. department 6
of health and human services under 42 USC 1396n
(c) or 42 USC 1396n
(b) and (c) 7
and any qualification criteria established in the rules promulgated under sub. (7) 8
and who the authority determines is eligible for placement on the registry 9
maintained by the authority under s. 52.20 (1).
10(2) County participation.
(a) A county board of supervisors may require a 11
county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 to follow 12
procedures under this section and to pay providers in accordance with agreements 13
under subch. V of ch. 111.
(b) If a county acts under par. (a), it shall notify the department and the 15
authority of its action.
(c) A county that acts under par. (a) shall compensate providers in accordance 17
with any agreement under subch. V of ch. 111 and make any payroll deductions 18
authorized by such agreements.
19(4) Duties of home care payors.
Care management organizations, the state, 20
and counties, as described under sub. (1) (cm) 1. a. to d., that pay for the provision 21
of home care services to consumers shall provide to the authority the name, address, 22
telephone number, date of hire, and date of termination of any provider hired by an 23
individual receiving home care services.
24(5) Duties of consumers.
A consumer shall do all of the following:
(a) Inform the authority of the name, address, telephone number, date of hire, 2
and date of termination of any provider hired by the consumer to provide home care 3
(b) Compensate providers in accordance with any collective bargaining 5
agreement that applies to home care providers under subch. V of ch. 111 and make 6
any payroll deductions authorized by the agreement.
(a) A qualified provider providing home care services under this 8
section shall be subject to the collective bargaining agreement that applies to home 9
care providers under subch. V of ch. 111.
(b) A qualified provider may choose to be placed on the registry maintained by 11
the authority under s. 52.20 (1).
12(7) Department rule-making.
The department may promulgate rules defining 13
terms, specifying which services constitute home care, establishing the qualification 14
criteria that apply under sub. (1) (f), and establishing procedures for implementation 15
of this section.
SB233, s. 77
46.48 (9m) of the statutes is created to read:
46.48 (9m) Quality home care.
The department shall award a grant to the 18
Wisconsin Quality Home Care Authority for the purpose of providing services to 19
recipients and providers of home care under s. 46.2898 and ch. 52 and may award 20
grants to counties to facilitate transition to procedures established under s. 46.2898.
SB233, s. 78
49.825 (3) (b) 4. of the statutes is created to read:
(b) 4. The department may enter into a memorandum of 23
understanding, as described under s. 111.70 (3m), with the certified representative 24
of the county employees performing services under this section for the unit. If there 25
is a dispute as to hours or conditions of employment that remains between the
department and the certified representative after a good faith effort to resolve it, the 2
department may unilaterally resolve the dispute.
SB233, s. 79
49.826 (3) (b) 4. of the statutes is created to read:
(b) 4. The department may enter into a memorandum of 5
understanding, as described under s. 111.70 (3p), with the certified representative 6
of the county employees performing services under this section in the county for the 7
unit. If there is a dispute as to hours or conditions of employment that remains 8
between the department and the certified representative after a good faith effort to 9
resolve it, the department may unilaterally resolve the dispute.
SB233, s. 80
Chapter 52 of the statutes is created to read:
QUALITY HOME CARE
In this chapter:
"Authority" means the Wisconsin Quality Home Care Authority.
"Board" means the board of directors of the authority.
"Care management organization" has the meaning given in s. 46.2805 (1).
"Consumer" has the meaning given in s. 46.2898 (1) (cm).
"Department" means the department of health services.
"Family Care Program" means the benefit program described in s. 46.286.
"Home care provider" means an individual who is a qualified provider under 21
s. 46.2898 (1) (f).
"Medical assistance waiver program" means a program operated under a 23
waiver from the secretary of the U.S. department of health and human services 24
under 42 USC 1396n
(c) or 42 USC 1396n
(b) and (c).
"Program of All-Inclusive Care for the Elderly" means the program 2
operated under 42 USC 1396u-4
352.05 Creation and organization of authority. (1) Creation and
4membership of board.
There is created a public body corporate and politic to be 5
known as the "Wisconsin Quality Home Care Authority." The members of the board 6
shall consist of the following members:
(a) The secretary of the department of health services or his or her designee.
(b) The secretary of the department of workforce development or his or her 9
(c) The following, to be appointed by the governor to serve 3-year terms: