d. Counseling or physical rehabilitation activities.
e. Other activities that the Wisconsin works agency determines are consistent with the capabilities of the individual.
2. An individual may participate in a transitional placement for a maximum of 24 months. The months need not be consecutive. This period may be extended on a case-by-case basis by the department or by the Wisconsin works agency with the approval of the department.
(bm) Education or training activities. A participant under this subsection may be required to participate in education and training activities assigned as part of an employability plan developed by the Wisconsin works agency. The department shall establish by rule permissible education and training under this paragraph, which shall include a course of study meeting the standards established under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation, technical college courses and educational courses that provide an employment skill. Permissible education under this paragraph shall also include English as a 2nd language courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment and adult basic education courses that the Wisconsin works agency determines would facilitate an individual's efforts to obtain employment.
(bs) Required hours. Except as provided in par. (bt), a Wisconsin works agency may require a participant placed in a transitional placement to engage in activities under par. (b) 1. for up to 28 hours per week. A Wisconsin works agency may require a participant placed in a transitional placement to participate in education or training activities under par. (bm) for not more than 12 hours per week.
(bt) Motivational training. A Wisconsin works agency may require a participant, during the first 2 weeks of participation under this subsection, to participate in an assessment and motivational training program identified by the community steering committee under s. 49.143 (2) (a) 10. The Wisconsin works agency may require not more than 40 hours of participation per week under this paragraph in lieu of the participation requirement under par. (bs).
(c) Worker's compensation. A participant under this subsection is an employe of the Wisconsin works agency for purposes of worker's compensation coverage, except to the extent that the person for whom the participant is performing work provides worker's compensation coverage.
(6) Job access loan. (a) Additional eligibility criteria. An individual is eligible to receive a job access loan if, in addition to meeting the eligibility requirements under s. 49.145, all of the following conditions are met with respect to the individual:
1. The individual needs the loan to address an immediate and discrete financial crisis. The crisis may not be the result of the individual's failure to accept a bona fide offer of employment or the individual's termination of a job without good cause.
2. The individual needs the loan to obtain or continue employment. Fulfillment of this requirement includes a loan that is needed to repair a vehicle that is needed to obtain or continue employment.
3. The individual is not in default with respect to the repayment of any previous job access loan or repayment of any grant or wage overpayments under this section.
4. The individual is not a migrant worker.
(b) Terms. The department shall promulgate rules establishing the terms of any job access loan, including all of the following:
1. The maximum and minimum loan amounts in any 12-month period.
2. The method of loan disbursement.
3. The terms and conditions of repayment. The rules promulgated under this subdivision shall provide for repayment by performance of in-kind services. The rules shall establish criteria that the Wisconsin works agency shall use to approve in-kind repayment of loans.
(c) Distribution and administration. From the appropriation under s. 20.445 (3) (e), the department shall distribute funds for job access loans to a Wisconsin works agency, which shall administer the loans in accordance with rules promulgated by the department.
(d) Minor custodial parents. An individual who would be eligible for a job access loan under par. (a), except that the individual has not attained the age of 18, is eligible under this paragraph if the individual meets the following requirements:
1. The individual is in an out-of-home placement or independent living arrangement supervised by an adult, as defined by the department.
2. The individual has graduated from high school or has met the standards established by the secretary of education for the granting of a declaration of equivalency of high school graduation under s. 115.29 (4).
3. The individual will be 18 years old within 2 months after applying for the job access loan.
289,89
Section 89
. 49.148 of the statutes is created to read:
49.148 Wisconsin works; wages and benefits. (1) Benefit levels for participants in employment positions. A participant in a Wisconsin works employment position shall receive the following benefits:
(a) Trial jobs. For a participant in a trial job, the amount established in the contract between the Wisconsin works agency and the trial job employer, but not less than minimum wage for every hour actually worked in the trial job, not to exceed 40 hours per week paid by the employer. Hours spent participating in education and training activities under s. 49.147 (3) (am) shall be included in determining the number of hours actually worked.
(b) Community service jobs. For a participant in a community service job, a monthly grant of $555, paid by the Wisconsin works agency. For every hour that the participant misses work or education or training activities without good cause, the Wisconsin works agency shall reduce the grant amount by $4.25. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse.
(c) Transitional placements. For a participant in a transitional placement, a grant of $518, paid monthly by the Wisconsin works agency. For every hour that the participant fails to participate in any required activity without good cause, including any activity under s. 49.147 (5) (b) 1. a. to e., the Wisconsin works agency shall reduce the grant amount by $4.25. Good cause shall be determined by the financial and employment planner in accordance with rules promulgated by the department. Good cause shall include required court appearances for a victim of domestic abuse.
(1m) Custodial parent of infant. (a) A custodial parent of a child who is 12 weeks old or less and who meets the eligibility requirements under s. 49.145 (2) and (3) may receive a monthly grant of $555. A Wisconsin works agency may not require a participant under this subsection to participate in any employment positions. Receipt of a grant under this subsection does not constitute participation in a Wisconsin works employment position for purposes of
tolling the time limits under s. 49.145 (2) (n) or 49.147 (3) (c), (4) (b) or (5) (b) 2. if the child is born to the participant not more than 10 months after the date that the participant was first determined to be eligible for assistance under s. 49.19 or for a Wisconsin works employment position.
(b) Receipt of a grant under this subsection constitutes participation in a Wisconsin works employment position for purposes of
tolling the time limits under ss. 49.145 (2) (n) and 49.147 (3) (c), (4) (b) or (5) (b) 2. if the child is born to the participant more than 10 months after the date that the participant was first determined to be eligible for assistance under s. 49.19 or for a Wisconsin works employment position unless
any of the following conditions is met:
1. The participant did not receive benefits under s. 49.19 and was not a participant in a Wisconsin works employment position for a period of at least 6 months, other than as a result of sanctions, and the child was born during that period or not more than 10 months after the participant was determined eligible for a Wisconsin works position.
2. The child was conceived as a result of a sexual assault in violation of s. 940.225 (1), (2) or (3) in which the mother did not indicate a freely given agreement to have sexual intercourse or of incest in violation of s. 944.06 or 948.06 and that incest or sexual assault has been reported to a physician and to law enforcement authorities.
(3) Wisconsin works health plan. A participant in a Wisconsin works employment position shall participate in the Wisconsin works health plan under s. 49.153. The participant shall pay a premium in an amount and in the manner established under s. 49.153 (4) (d).
289,90
Section 90
. 49.149 of the statutes is created to read:
49.149 Wisconsin works; education and training. A Wisconsin works agency shall do all of the following:
(1) Establish a referral relationship with other employment and training programs for participants to make use of varied education and training opportunities available through integrated job centers, as defined by the department by rule.
(3) Encourage employers to make training sites available on the business site for participants.
(4) Work with the department of commerce to coordinate the provision of training to participants in conjunction with employers eligible for the development zone program under subch. VI of ch. 560.
289,91
Section 91
. 49.151 of the statutes is created to read:
49.151 Wisconsin works; sanctions. (1) Refusal to participate. A participant who refuses to participate 3 times in any Wisconsin works employment position component is ineligible to participate in that component. A participant whom the Wisconsin works agency has determined is ineligible under this section for a particular Wisconsin works employment position component may be eligible to participate in any other Wisconsin works employment position component in which the participant has not refused to participate 3 times. A participant refuses to participate in a Wisconsin works employment position component if the participant does any of the following:
(a) Expresses verbally or in writing to a Wisconsin works agency that he or she refuses to participate.
(b) Fails to appear for an interview with a prospective employer or, if the participant is in a Wisconsin works transitional placement, fails to appear for an assigned activity, including an activity under s. 49.147 (5) (b) 1. a. to e., without good cause, as determined by the Wisconsin works agency.
(c) Voluntarily leaves appropriate employment or training without good cause, as determined by the Wisconsin works agency.
(d) Loses employment as a result of being discharged for cause.
(e) Demonstrates through other behavior or action, as specified by the department by rule, that he or she refuses to participate in a Wisconsin works employment position.
(2) Intentional program violations. If a court finds or it is determined after an administrative hearing that an individual who is a member of a Wisconsin works group applying for or receiving benefits under ss. 49.141 to 49.161, for the purpose of establishing or maintaining eligibility for those benefits or for the purpose of increasing the value of those benefits, has intentionally violated, on 3 separate occasions, any provision in ss. 49.141 to 49.161 or any rule promulgated under those sections, the Wisconsin works agency may permanently deny benefits under ss. 49.141 to 49.161 to the individual.
289,92
Section 92
. 49.152 of the statutes is created to read:
49.152 Review of agency decisions. (1) Petition for review. Any individual whose application for Wisconsin works under s. 49.147 (1) to (5) is not acted upon by the Wisconsin works agency with reasonable promptness after the filing of the application, as defined by the department by rule, or is denied in whole or in part, whose benefit is modified or canceled, or who believes that the benefit was calculated incorrectly, may petition the Wisconsin works agency for a review of such action. Review is unavailable if the action by the Wisconsin works agency occurred more than 45 days prior to submission of the petition for review.
(2) Review. (a) Upon a timely petition under sub. (1), the Wisconsin works agency shall give the applicant or participant reasonable notice and opportunity for a review. The Wisconsin works agency shall render its decision as soon as possible after the review and shall send a certified copy of its decision to the applicant or participant. The Wisconsin works agency shall deny a petition for a review or shall refuse to grant relief if the petitioner does any of the following:
1. Withdraws the petition in writing.
2. Abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by representative at a scheduled review without good cause, as defined by the department by rule.
(b) The department may review a decision of a Wisconsin works agency under par. (a) if any of the following occurs:
1. Within 15 days of receiving the decision of the Wisconsin works agency, the applicant or participant petitions the department for a review of that decision.
2. The Wisconsin works agency requests the department to review the decision of the Wisconsin works agency.
(c) The department shall review a Wisconsin works agency's decision to deny an application based solely on a determination of financial ineligibility if any of the following occurs:
1. Within 15 days after receiving the decision of the Wisconsin works agency, the applicant petitions the department for a review of the decision.
2. The Wisconsin works agency requests the department to review the decision of the Wisconsin works agency.
(cm) If, under par. (c), the department reverses a decision of the Wisconsin works agency, the petitioner shall receive, retroactive to the date that the Wisconsin works agency made its initial decision to deny the application, the benefit that the individual would have received, computed as if the individual had complied with all of the requirements of the Wisconsin works employment position into which the applicant most likely would have been placed.
289,93
Section 93
. 49.153 of the statutes is created to read:
49.153 Wisconsin works health plan. (1) Definitions. In this section:
(a) “Employer-subsidized health care coverage" means a health care plan, which provides coverage of health care costs, offered by the employer for which the employer pays at least 50% of the cost of the plan for the employe, including dependent coverage and excluding any deductibles or copayments that may be required under the plan.
(b) “Unsubsidized employer-offered health care coverage" means a health care plan, which provides coverage of health care costs, offered by the employer for which the employer pays less than 50% of the cost of coverage for the employe, including dependent coverage and excluding any deductibles or copayments that may be required under the plan.
(2) Administration. The department of health and family services shall provide health services and benefits under sub. (4) to individuals who have been determined by a Wisconsin works agency to be eligible under subs. (3) to (3p) for such services and benefits. The Wisconsin works agency shall maintain a list of eligible individuals and shall make the list available to the department of health and family services upon request.
(3) Eligibility. (a) General provisions. 1. A Wisconsin works agency shall determine eligibility for benefits and services under this section, in accordance with rules promulgated by the department of health and family services in consultation with the department of industry, labor and job development. The Wisconsin works agency shall make the eligibility determination
within 2 working days, as defined in s. 227.01 (14), after the date on which the agency receives a completed application from the individual for services and benefits under this section and shall immediately notify the department of health and family services of that determination. An individual who applies for and receives benefits and services under this section is considered to have assigned to the state any rights to medical support or other payment of medical expenses from any other person, including rights to unpaid amounts accrued at the time of application for benefits and services under this section and any rights to support accruing during the time for which benefits and services under this section are provided. Eligibility for benefits and services under this section begins on the day on which the department of health and family services or the provider issues a health plan membership card. The department of health and family services or the provider shall issue the health plan membership card to an individual
within 3 working days, as defined in s. 227.01 (14), after the date on which the Wisconsin works agency notifies the department of health and family services that the individual is eligible.
2. a. Except as provided in subd. 3. and pars. (em) and (f), an individual who is eligible for the health care coverage under this section remains eligible under this section for 12 consecutive months or until the individual has access to unsubsidized employer-offered health care coverage, whichever is later.
b. Notwithstanding subd. 2. a., an individual who is described under par. (f) 1. a., b., c. or d. who is eligible for health care coverage under this section remains eligible until the individual no longer meets eligibility criteria, as provided in subd. 3.
3. A Wisconsin works agency shall, within the period of an individual's eligibility, as specified under subd. 2., periodically review an individual's eligibility. The individual remains eligible for benefits and services under this section until any of the following applies:
a. The assets of the individual or, if the individual is a member of a Wisconsin works group, the assets of the Wisconsin works group of which the individual is a member, exceed the asset limits for at least 2 months.
b. The income of the individual, or, if the individual is a member of a Wisconsin works group, the income of the Wisconsin works group of which the individual is a member, is expected to exceed the income limits for at least 2 consecutive months.
(e) Access to employer-subsidized health care coverage. An individual is eligible for health care coverage under this section only if the individual has not had access to employer-subsidized health care coverage within the 18 months immediately preceding application for health care coverage under this section. This paragraph does not apply to any of the following:
1. An individual who has lost access to employer-subsidized health care coverage within the 18 months immediately preceding application for health care coverage under this subsection because of the termination by the employer of the employment relationship for a reason other than misconduct on the part of the employe and who has not had access to employer-subsidized health care coverage since the termination.
2. An individual who has lost access to employer-subsidized health care coverage within the 18 months immediately preceding application for health care coverage under this subsection because of the termination by the employe of the employment relationship for just cause.
3. A dependent child who has lost eligibility for employer-subsidized health care coverage for any reason.
3m. A pregnant woman with an income equal to or less than 165% of the poverty line who has lost eligibility for employer-subsidized health care coverage for any reason.
4. A participant in a Wisconsin works employment position.
(em) Continuous coverage requirement. An individual who withdraws from health care coverage under this section while the individual is still eligible for health care coverage under this section is ineligible for health care coverage under this section for a period of 6 months following the withdrawal.
(f) Ineligibility. No individual is eligible for health care coverage under this section in a month in which any of the following applies:
1. The individual is eligible for employer-subsidized health care coverage. This subdivision does not apply to any of the following:
a. A pregnant woman in a Wisconsin works group with an income that is equal to or less than 165% of the poverty line.
b. A child who has not attained the age of 6 in a Wisconsin works group with an income equal to or less than 165% of the poverty line.
c. A child who has attained the age of 6 and has not attained the age of 12 in a Wisconsin works group with an income that is equal to or less than 100% of the poverty line.
d. A child who has attained the age of 6 and has not attained the age of 12 in a Wisconsin works group with an income in excess of 100% of the poverty line if the total amount obligated or expended for medical care or other type of remedial care and for health insurance premiums, when subtracted from the Wisconsin works group's income, places the Wisconsin works group at or below 100% of the poverty line.
2. The individual fails to pay the established premium in a timely manner, as defined by the department of industry, labor and job development by rule.
(3g) Eligible groups. Subject to the requirements under sub. (3), the following individuals are eligible for benefits and services under this section:
(a) Wisconsin works groups. Except as provided in par. (c), an individual who is a member of a Wisconsin works group, if all of the following conditions apply:
1. The individual meets the criteria under s. 49.145 (2) (c), (f), (g), (i), (L) and (m) and resides in this state.
2. The Wisconsin works group meets the asset limitation under s. 49.145 (3) (a).
In determining the assets under this subdivision, the Wisconsin works agency shall exclude all of the resources specified under 42 USC 1382b (a) if any of the following conditions is met:
a. The group contains a child who has not attained the age of 6.
b. The group contains a child who has attained the age of 6 and has not attained the age of 12 and the gross income of the group, as determined under subd. 3., does not exceed 100% of the poverty line.
3. The gross income of the Wisconsin works group is at or below 165% of the poverty line, or, for a Wisconsin works group that is already receiving health care coverage under this section, the gross income is at or below 200% of the poverty line. In calculating the gross income of the Wisconsin works group, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. to 3.
(b) Pregnant women. A pregnant woman whose pregnancy has been medically verified and who has no dependent children, if she meets all of the following conditions:
