SB233,29,2422 2. For eligible employees not specified in subd. 1., regardless of the plan
23selected by the employee, not less than 80 percent of the average premium cost of
24plans offered in the tier with the lowest employee premium cost under s. 40.51 (6).
SB233, s. 62
1Section 62. 40.05 (4) (b) of the statutes, as affected by 2011 Wisconsin Acts 10
2and 32, is repealed and recreated to read:
SB233,31,103 40.05 (4) (b) Except as provided under pars. (bc) and (bp), accumulated
4 unused sick leave under ss. 13.121 (4), 36.30, 230.35 (2), 233.10, and 757.02 (5) and
5subch. I, V, or VI of ch. 111 of any eligible employee shall, at the time of death, upon
6qualifying for an immediate annuity or for a lump sum payment under s. 40.25 (1)
7or upon termination of creditable service and qualifying as an eligible employee
8under s. 40.02 (25) (b) 6. or 10., be converted, at the employee's highest basic pay rate
9he or she received while employed by the state, to credits for payment of health
10insurance premiums on behalf of the employee or the employee's surviving insured
11dependents. Any supplemental compensation that is paid to a state employee who
12is classified under the state classified civil service as a teacher, teacher supervisor,
13or education director for the employee's completion of educational courses that have
14been approved by the employee's employer is considered as part of the employee's
15basic pay for purposes of this paragraph. The full premium for any eligible employee
16who is insured at the time of retirement, or for the surviving insured dependents of
17an eligible employee who is deceased, shall be deducted from the credits until the
18credits are exhausted and paid from the account under s. 40.04 (10), and then
19deducted from annuity payments, if the annuity is sufficient. The department shall
20provide for the direct payment of premiums by the insured to the insurer if the
21premium to be withheld exceeds the annuity payment. Upon conversion of an
22employee's unused sick leave to credits under this paragraph or par. (bf), the
23employee or, if the employee is deceased, the employee's surviving insured
24dependents may initiate deductions from those credits or may elect to delay
25initiation of deductions from those credits, but only if the employee or surviving

1insured dependents are covered by a comparable health insurance plan or policy
2during the period beginning on the date of the conversion and ending on the date on
3which the employee or surviving insured dependents later elect to initiate
4deductions from those credits. If an employee or an employee's surviving insured
5dependents elect to delay initiation of deductions from those credits, an employee or
6the employee's surviving insured dependents may only later elect to initiate
7deductions from those credits during the annual enrollment period under par. (be).
8A health insurance plan or policy is considered comparable if it provides hospital and
9medical benefits that are substantially equivalent to the standard health insurance
10plan established under s. 40.52 (1).
SB233, s. 63 11Section 63. 40.05 (4) (bw) of the statutes, as affected by 2011 Wisconsin Act
1210
, is amended to read:
SB233,31,2313 40.05 (4) (bw) On converting accumulated unused sick leave to credits for the
14payment of health insurance premiums under par. (b), the department shall add
15additional credits, calculated in the same manner as are credits under par. (b), that
16are based on a state employee's accumulated sabbatical leave or earned vacation
17leave from the state employee's last year of service prior to retirement, or both. The
18department shall apply the credits awarded under this paragraph for the payment
19of health insurance premiums only after the credits awarded under par. (b) are
20exhausted. This paragraph applies only to state employees who are eligible for
21accumulated unused sick leave conversion under par. (b) and who are entitled to the
22benefits under this paragraph pursuant to a collective bargaining agreement under
23subch. V or VI of ch. 111.
SB233, s. 64 24Section 64. 40.05 (4g) (a) 4. of the statutes, as affected by 2011 Wisconsin Act
2510
, is amended to read:
SB233,32,5
140.05 (4g) (a) 4. Has received a military leave of absence under s. 230.32 (3) (a)
2or 230.35 (3), under a collective bargaining agreement under subch. V or VI of ch. 111
3or under rules promulgated by the director of the office of state employment relations
4or is eligible for reemployment with the state under s. 321.64 after completion of his
5or her service in the U.S. armed forces.
SB233, s. 65 6Section 65. 40.05 (5) (intro.) of the statutes, as affected by 2011 Wisconsin Act
710
, is amended to read:
SB233,32,128 40.05 (5) Income continuation insurance premiums. (intro.) For the income
9continuation insurance provided under subch. V the employee shall pay the amount
10remaining after the employer has contributed the following or, if different, the
11amount determined under a collective bargaining agreement under subch. I, V, or VI
12of ch. 111 or s. 230.12 or 233.10:
SB233, s. 66 13Section 66. 40.05 (5) (b) 4. of the statutes, as affected by 2011 Wisconsin Acts
1410
and 32, is amended to read:
SB233,32,1715 40.05 (5) (b) 4. The accrual and crediting of sick leave shall be determined in
16accordance with ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 238.04 (8), and 757.02 (5)
17and subch. I, V, or VI of ch. 111.
SB233, s. 67 18Section 67. 40.05 (6) (a) of the statutes, as affected by 2011 Wisconsin Act 10,
19is amended to read:
SB233,33,220 40.05 (6) (a) Except as otherwise provided in accordance with a collective
21bargaining agreement under subch. I, V, or VI of ch. 111 or s. 230.12 or 233.10, each
22insured employee under the age of 70 and annuitant under the age of 65 shall pay
23for group life insurance coverage a sum, approved by the group insurance board,
24which shall not exceed 60 cents monthly for each $1,000 of group life insurance,
25based upon the last amount of insurance in force during the month for which

1earnings are paid. The equivalent premium may be fixed by the group insurance
2board if the annual compensation is paid in other than 12 monthly installments.
SB233, s. 68 3Section 68. 40.51 (7) (a) of the statutes, as affected by 2011 Wisconsin Act 32,
4is renumbered 40.51 (7) and amended to read:
SB233,33,165 40.51 (7) Any employer, other than the state, may offer to all of its employees
6a health care coverage plan through a program offered by the group insurance board.
7Notwithstanding sub. (2) and ss. 40.05 (4) and 40.52 (1), the department may by rule
8establish different eligibility standards or contribution requirements for such
9employees and employers and may by rule limit the categories of employers, other
10than the state, which may be included as participating employers under this
11subchapter. Beginning on January 1, 2012, except as otherwise provided in a
12collective 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
14under this subsection if the employer pays more than 88 percent of the average
15premium cost of plans offered in any tier with the lowest employee premium cost
16under this subsection.
SB233, s. 69 17Section 69. 40.51 (7) (b) of the statutes, as created by 2011 Wisconsin Act 32,
18is repealed.
SB233, s. 70 19Section 70. 40.62 (2) of the statutes, as affected by 2011 Wisconsin Acts 10 and
2032, is amended to read:
SB233,33,2421 40.62 (2) Sick leave accumulation shall be determined in accordance with rules
22of the department, any collective bargaining agreement under subch. I, V, or VI of
23ch. 111, and ss. 13.121 (4), 36.30, 49.825 (4) (d) and (5) (d), 49.826 (4) (d), 230.35 (2),
24233.10, 238.04 (8), 757.02 (5) and 978.12 (3).
SB233, s. 71
1Section 71. 40.80 (3) of the statutes, as affected by 2011 Wisconsin Act 10, is
2amended to read:
SB233,34,43 40.80 (3) Any action taken under this section shall apply to employees covered
4by a collective bargaining agreement under subch. V or VI of ch. 111.
SB233, s. 72 5Section 72. 40.81 (3) of the statutes, as affected by 2011 Wisconsin Act 10, is
6amended to read:
SB233,34,87 40.81 (3) Any action taken under this section shall apply to employees covered
8by a collective bargaining agreement under subch. IV or , V, or VI of ch. 111.
SB233, s. 73 9Section 73. 40.95 (1) (a) 2. of the statutes, as affected by 2011 Wisconsin Act
1010
, is amended to read:
SB233,34,1211 40.95 (1) (a) 2. The employee has his or her compensation established in a
12collective bargaining agreement under subch. V or VI of ch. 111.
SB233, s. 74 13Section 74. 46.284 (4) (m) of the statutes is created to read:
SB233,34,1714 46.284 (4) (m) Compensate providers, as defined in s. 46.2898 (1) (e), in
15accordance with any agreement under subch. V of ch. 111 relating to a provider hired
16directly by an enrollee and make any payroll deductions authorized by those
17agreements.
SB233, s. 75 18Section 75. 46.2895 (8) (a) 1. of the statutes, as affected by 2011 Wisconsin Act
1910
, is amended to read:
SB233,35,920 46.2895 (8) (a) 1. If the long-term care district offers employment to any
21individual who was previously employed by a county, which participated in creating
22the district and at the time of the offer had not withdrawn or been removed from the
23district under sub. (14), and who while employed by the county performed duties
24relating to the same or a substantially similar function for which the individual is
25offered employment by the district and whose wages, hours, and conditions of

1employment
were established in a collective bargaining agreement with the county
2under subch. IV of ch. 111 that is in effect on the date that the individual commences
3employment with the district, with respect to that individual, abide by the terms of
4the collective bargaining agreement concerning the individual's wages and, if
5applicable, vacation allowance, sick leave accumulation, sick leave bank, holiday
6allowance, funeral leave allowance, personal day allowance, or paid time off
7allowance
until the time of the expiration of that collective bargaining agreement or
8adoption of a collective bargaining agreement with the district under subch. IV of ch.
9111 covering the individual as an employee of the district, whichever occurs first.
SB233, s. 76 10Section 76. 46.2898 of the statutes is created to read:
SB233,35,11 1146.2898 Quality home care. (1) Definitions. In this section:
SB233,35,1212 (a) "Authority" means the Wisconsin Quality Home Care Authority.
SB233,35,1313 (b) "Care management organization" has the meaning given in s. 46.2805 (1).
SB233,35,1514 (cm) "Consumer" means an adult who receives home care services and who
15meets all of the following criteria:
SB233,35,1616 1. Is a resident of any of the following:
SB233,35,1717 a. A county that has acted under sub. (2) (a).
SB233,35,1818 b. A county in which the Family Care Program under s. 46.286 is available.
SB233,35,2019 c. A county in which the Program of All-Inclusive Care for the Elderly under
2042 USC 1396u-4 is available.
SB233,35,2321d. A county in which the self-directed services option program under 42 USC
221396n
(c) is available or in which a program operated under an amendment to the
23state medical assistance plan under 42 USC 1396n (j) is available.
SB233,35,2524 2. Self-directs all or part of his or her home care services and is an employer
25listed on the provider's income tax forms.
SB233,36,1
13. Is eligible to receive a home care benefit under one of the following:
SB233,36,22 a. The Family Care Program under s. 46.286.
SB233,36,33b. The Program of All-Inclusive Care for the Elderly, under 42 USC 1396u-4.
SB233,36,64 c. A program operated under a waiver from the secretary of the federal
5department 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 (c).
SB233,36,87 d. A program operated under an amendment to the state medical assistance
8plan under 42 USC 1396n (j).
SB233,36,139 (dm) "Home care" means supportive home care, personal care, and other
10nonprofessional services of a type that may be covered under a medical assistance
11waiver under 42 USC 1396n (c) and that are provided to individuals to assist them
12in meeting their daily living needs, ensuring adequate functioning in their homes,
13and permitting safe access to their communities.
SB233,36,1514 (e) "Provider" means an individual who is hired by a consumer to provide home
15care to the consumer but does not include any of the following:
SB233,36,1716 1. A person, while he or she is providing services in the capacity of an employee
17of any of the following entities:
SB233,36,1818 a. A home health agency licensed under s. 50.49.
SB233,36,1919 b. A personal care provider agency.
SB233,36,2020 c. A company or agency providing supportive home care.
SB233,36,2121 d. An independent living center, as defined in s. 46.96 (1) (ah).
SB233,36,2322 e. A county agency or department under s. 46.215, 46.22, 46.23, 51.42, or
2351.437.
SB233,36,2524 2. A health care provider, as defined in s. 146.997 (1) (d), acting in his or her
25professional capacity.
SB233,37,9
1(f) "Qualified provider" means a provider who meets the qualifications for
2payment through the Family Care Program under s. 46.286, the Program for
3All-Inclusive Care for the Elderly operated under 42 USC 1396u-4, an amendment
4to the state medical assistance plan under 42 USC 1396n (j), or a medical assistance
5waiver program operated under a waiver from the secretary of the U.S. department
6of health and human services under 42 USC 1396n (c) or 42 USC 1396n (b) and (c)
7and any qualification criteria established in the rules promulgated under sub. (7)
8and who the authority determines is eligible for placement on the registry
9maintained by the authority under s. 52.20 (1).
SB233,37,13 10(2) County participation. (a) A county board of supervisors may require a
11county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 to follow
12procedures under this section and to pay providers in accordance with agreements
13under subch. V of ch. 111.
SB233,37,1514 (b) If a county acts under par. (a), it shall notify the department and the
15authority of its action.
SB233,37,1816 (c) A county that acts under par. (a) shall compensate providers in accordance
17with any agreement under subch. V of ch. 111 and make any payroll deductions
18authorized by such agreements.
SB233,37,23 19(4) Duties of home care payors. Care management organizations, the state,
20and counties, as described under sub. (1) (cm) 1. a. to d., that pay for the provision
21of home care services to consumers shall provide to the authority the name, address,
22telephone number, date of hire, and date of termination of any provider hired by an
23individual receiving home care services.
SB233,37,24 24(5) Duties of consumers. A consumer shall do all of the following:
SB233,38,3
1(a) Inform the authority of the name, address, telephone number, date of hire,
2and date of termination of any provider hired by the consumer to provide home care
3services.
SB233,38,64 (b) Compensate providers in accordance with any collective bargaining
5agreement that applies to home care providers under subch. V of ch. 111 and make
6any payroll deductions authorized by the agreement.
SB233,38,9 7(6) Providers. (a) A qualified provider providing home care services under this
8section shall be subject to the collective bargaining agreement that applies to home
9care providers under subch. V of ch. 111.
SB233,38,1110 (b) A qualified provider may choose to be placed on the registry maintained by
11the authority under s. 52.20 (1).
SB233,38,15 12(7) Department rule-making. The department may promulgate rules defining
13terms, specifying which services constitute home care, establishing the qualification
14criteria that apply under sub. (1) (f), and establishing procedures for implementation
15of this section.
SB233, s. 77 16Section 77. 46.48 (9m) of the statutes is created to read:
SB233,38,2017 46.48 (9m) Quality home care. The department shall award a grant to the
18Wisconsin Quality Home Care Authority for the purpose of providing services to
19recipients and providers of home care under s. 46.2898 and ch. 52 and may award
20grants to counties to facilitate transition to procedures established under s. 46.2898.
SB233, s. 78 21Section 78. 49.825 (3) (b) 4. of the statutes is created to read:
SB233,39,222 49.825 (3) (b) 4. The department may enter into a memorandum of
23understanding, as described under s. 111.70 (3m), with the certified representative
24of the county employees performing services under this section for the unit. If there
25is a dispute as to hours or conditions of employment that remains between the

1department and the certified representative after a good faith effort to resolve it, the
2department may unilaterally resolve the dispute.
SB233, s. 79 3Section 79. 49.826 (3) (b) 4. of the statutes is created to read:
SB233,39,94 49.826 (3) (b) 4. The department may enter into a memorandum of
5understanding, as described under s. 111.70 (3p), with the certified representative
6of the county employees performing services under this section in the county for the
7unit. If there is a dispute as to hours or conditions of employment that remains
8between the department and the certified representative after a good faith effort to
9resolve it, the department may unilaterally resolve the dispute.
SB233, s. 80 10Section 80. Chapter 52 of the statutes is created to read:
SB233,39,1111 CHAPTER 52
SB233,39,1212 QUALITY HOME CARE
SB233,39,13 1352.01 Definitions. In this chapter:
SB233,39,14 14(1) "Authority" means the Wisconsin Quality Home Care Authority.
SB233,39,15 15(2) "Board" means the board of directors of the authority.
SB233,39,16 16(3) "Care management organization" has the meaning given in s. 46.2805 (1).
SB233,39,17 17(3m) "Consumer" has the meaning given in s. 46.2898 (1) (cm).
SB233,39,18 18(4) "Department" means the department of health services.
SB233,39,19 19(5) "Family Care Program" means the benefit program described in s. 46.286.
SB233,39,21 20(6) "Home care provider" means an individual who is a qualified provider under
21s. 46.2898 (1) (f).
SB233,39,24 22(7) "Medical assistance waiver program" means a program operated under a
23waiver from the secretary of the U.S. department of health and human services
24under 42 USC 1396n (c) or 42 USC 1396n (b) and (c).
SB233,40,2
1(8) "Program of All-Inclusive Care for the Elderly" means the program
2operated under 42 USC 1396u-4.
SB233,40,6 352.05 Creation and organization of authority. (1) Creation and
4membership of board.
There is created a public body corporate and politic to be
5known as the "Wisconsin Quality Home Care Authority." The members of the board
6shall consist of the following members:
SB233,40,77 (a) The secretary of the department of health services or his or her designee.
SB233,40,98 (b) The secretary of the department of workforce development or his or her
9designee.
SB233,40,1010 (c) The following, to be appointed by the governor to serve 3-year terms:
SB233,40,1111 1. One representative from the state assembly.
SB233,40,1212 2. One representative from the state senate.
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