AB591-ASA1,65,1610
(em)
Continuous coverage requirement. An individual who withdraws from
11health care coverage under this section while the individual is still eligible for health
12care coverage under this section is ineligible for health care coverage under this
13section for a period of 6 months following the withdrawal. Failure to pay in a timely
14manner, as defined by the department of industry, labor and job development by rule,
15the premium established under sub. (4) (d) constitutes withdrawal for purposes of
16this paragraph.
AB591-ASA1,65,1917
(f)
Ineligibility. No individual is eligible for health care coverage under this
18section in a month in which that individual is eligible for employer-subsidized health
19care coverage.
AB591-ASA1,66,2
20(4) Wisconsin works health plan. (a)
Health maintenance organization
21contract. The department of health and family services shall contract with one or
22more health maintenance organizations or other health care providers to provide
23health care services under this subsection. Each contract for the provision of health
24care services entered into by the department of health and family services under this
1subsection shall be awarded on the basis of a competitive process in accordance with
2procedures established by the department of health and family services.
AB591-ASA1,66,53
(b)
Health care services provided. 1. Except as provided in subd. 2., the
4Wisconsin works health plan shall cover the care and services specified under s.
549.46 (2).
AB591-ASA1,66,862. Except as otherwise required under a federal waiver received under
42 USC
71315, the Wisconsin works health plan shall not cover the following goods and
8services:
AB591-ASA1,66,109
a. Home care, as defined in s. 632.895 (1) (b), in excess of the minimum required
10under s. 632.895 (2).
AB591-ASA1,66,1111
b. Skilled nursing care in excess of the minimum required under s. 632.895 (3).
AB591-ASA1,66,1212
c. Over-the-counter drugs.
AB591-ASA1,66,1413
d. Treatment of nervous or mental disorders and alcoholism or other drug
14abuse problems in excess of the minimum coverage required under s. 632.89 (2).
AB591-ASA1,66,1515e. Services described under
42 USC 1396d (r) (5).
AB591-ASA1,66,2016
(c)
Distribution of payments. From the appropriations under s. 20.435 (1) (b)
17and (o), the department of health and family services shall make payments to a
18health maintenance organization or other health care provider with which the
19department of health and family services has contracted under par. (a) in accordance
20with a payment schedule established by contract.
AB591-ASA1,67,821
(d)
Premiums. Except as otherwise provided in this paragraph, an individual
22who receives the Wisconsin works health plan shall pay to the Wisconsin works
23agency a monthly premium in accordance with criteria based on income and family
24size and established by the department of health and family services in consultation
25with the department of industry, labor and job development. The department of
1industry, labor and job development or the Wisconsin works agency shall deduct the
2established premium from a trial job participant's wages. The Wisconsin works
3agency shall deduct the established premium from the monthly grant payment of a
4participant in a community service job and from the monthly grant of a participant
5in a transitional placement. The Wisconsin works agency shall remit to the
6department of industry, labor and job development in the manner prescribed by the
7department of industry, labor and job development all premium payments that the
8Wisconsin works agency receives under this paragraph.
AB591-ASA1,67,11
1049.155 Wisconsin works; child care subsidy. (1) Definitions. In this
11section:
AB591-ASA1,67,1312
(a) "Level I day care provider" means a day care provider certified under s.
1348.651 (1) (a).
AB591-ASA1,67,1514
(b) "Level II day care provider" means a day care provider certified under s.
1548.651 (1) (b).
AB591-ASA1,67,19
16(1m) Eligibility. A Wisconsin works agency shall determine eligibility for a
17child care subsidy under this section. Under this section, an individual may receive
18a subsidy for child care for a child who has not attained the age of 10 if the individual
19meets all of the following conditions:
AB591-ASA1,68,220
(a) The individual is a custodial parent of a child who is under the age of 10,
21or is a person who, under s. 48.57 (3m), is providing care and maintenance for a child
22who is under the age of 10, and child care services for that child are needed in order
23for the individual to meet the school attendance requirement under s. 49.26 (1) (ge)
24or to work in an unsubsidized job or a Wisconsin works employment position or
1participate in any of the following activities approved by the Wisconsin works
2agency:
AB591-ASA1,68,33
1. Training provided by an employer during the regular hours of employment.
AB591-ASA1,68,54
2. Other employment skills training, as defined by the department by rule, if
5the individual meets any of the following conditions:
AB591-ASA1,68,76
a. The individual has been employed in unsubsidized employment for 9
7consecutive months and continues to be so employed.
AB591-ASA1,68,88
b. The individual is a participant in a Wisconsin works employment position.
AB591-ASA1,68,129
(b) The individual meets the eligibility conditions under s. 49.145 (2) (c) to (g)
10and (3) (a), except that an individual may be eligible for a child care subsidy under
11this section regardless of the number of days the individual has resided in this state
12prior to applying for the child care subsidy.
AB591-ASA1,68,1613
(c) The gross income of the individuals's family is at or below 165% of the
14poverty line for a family the size of the individual's family. In calculating the gross
15income of the family, the department shall include income described under s. 49.145
16(3) (b) 1. to 3.
AB591-ASA1,68,1817
(d) The individual satisfies other eligibility criteria established by the
18department by rule.
AB591-ASA1,68,21
19(2) Distribution of child care funds. From the appropriation under s. 20.445
20(3 (dz), the department shall distribute funds allocated for child care services under
21this section.
AB591-ASA1,68,24
22(3) County administration. (a) A Wisconsin works agency shall refer an
23individual who has been determined eligible under sub. (1m) to a county department
24under s. 46.215, 46.22 or 46.23 for child care assistance.
AB591-ASA1,69,4
1(b) The county department under s. 46.215, 46.22 or 46.23 shall administer
2child care assistance under this section. In administering child care assistance
3under this section, the county department under s. 46.215, 46.22 or 46.23 shall do
4all of the following:
AB591-ASA1,69,55
1. Determine an individual's liability under sub. (5).
AB591-ASA1,69,76
2. Provide a voucher to an eligible individual for the payment of child care
7services provided by a child care provider.
AB591-ASA1,69,88
3. Set maximum reimbursement rates as provided under sub. (6) (b).
AB591-ASA1,69,99
4. Reimburse child care providers.
AB591-ASA1,69,1010
5. Certify child care providers under s. 48.651.
AB591-ASA1,69,1311
6. Assist individuals who are eligible for child care subsidies under this section
12to identify available child care providers and select appropriate child care
13arrangements.
AB591-ASA1,69,17
14(4) Choice of provider. An eligible individual shall choose whether the child
15care will be provided by a day care center licensed under s. 48.65, a Level I day care
16provider, a Level II day care provider or a day care program provided or contracted
17for by a school board under s. 120.13 (14).
AB591-ASA1,69,21
18(5) Liability for payment. An individual who receives aid under this section
19is liable for a percentage of the cost of child care received, payable in accordance with
20a sliding scale formula established by the department that is based on the
21individual's ability to pay and the cost of the child care.
AB591-ASA1,70,2
22(6) Child care rates and quality standards. (a) The department shall
23establish the maximum rate that a county department under s. 46.215, 46.22 or
2446.23 may pay for child care services provided under this section. The department
25shall set the rate so that at least 75% of the number of places for children within the
1licensed capacity of all child care providers in each county or in a multicounty area
2determined by the department can be purchased at or below that maximum rate.
AB591-ASA1,70,63
(b) The department shall set a maximum rate that a county department under
4s. 46.215, 46.22 or 46.23 may pay for Level I day care providers for services provided
5to eligible individuals. The maximum rate set under this paragraph may not exceed
675% of the rate established under par. (a).
AB591-ASA1,70,107
(c) The department shall set a maximum rate that a county department under
8s. 46.215, 46.22 or 46.23 may pay for Level II day care providers for services provided
9to eligible individuals. The maximum rate set under this paragraph may not exceed
1050% of the rate established under par. (a).
AB591-ASA1,70,1311
(d) The department may establish a system of rates for child care programs that
12exceed the quality of care standards required for licensure under s. 48.65 or for
13certification under s. 48.651 (1) (a).
AB591-ASA1,70,17
14(7) Refusal to pay child care providers. The department or the county
15department under s. 46.215, 46.22 or 46.23 may refuse to pay a child care provider
16for child care provided under this section if any of the following applies to the child
17care provider, employe or person living on the premises where child care is provided:
AB591-ASA1,70,2018
(a) The person has been convicted of a felony or misdemeanor that the
19department or county department determines substantially relates to the care of
20children.
AB591-ASA1,70,2221
(b) The person is the subject of a pending criminal charge that the department
22or county department determines substantially relates to the care of children.
AB591-ASA1,70,2423
(c) The person has been determined under s. 48.981 to have abused or neglected
24a child.
AB591-ASA1,71,3
149.157 Wisconsin works; transportation costs. (1) Assistance. In
2accordance with rules promulgated by the department, a Wisconsin works agency
3may grant financial assistance to a participant for transportation costs.
AB591-ASA1,71,6
4(2) Distribution of funds. The department shall distribute to the Wisconsin
5works agencies the funds allocated under s. 49.181 (1) (h) for transportation
6assistance provided under sub. (1).
AB591-ASA1,71,15
849.159 Wisconsin works; noncustodial and minor and other custodial
9parents. (1) Noncustodial parents. An individual who would be eligible under s.
1049.145 except that the individual is the noncustodial parent of a dependent child, is
11eligible for services under this subsection if the dependent child's custodial parent
12is a participant and if the individual pays child support pursuant to a court order.
13The Wisconsin works agency may provide job search assistance and case
14management designed to enable eligible noncustodial parents to obtain and retain
15employment.
AB591-ASA1,71,23
16(2) Minor custodial parents; financial and employment counseling. A
17custodial parent who is under the age of 18 is eligible, regardless of that individual's
18or that individual's parent's income or assets, to meet with a financial and
19employment planner. The financial and employment planner may provide the
20individual with information regarding Wisconsin works eligibility, available child
21care services, employment and financial planning, family planning services,
22community resources, eligibility for food stamps and other food and nutrition
23programs.
AB591-ASA1,72,2
24(3) Other custodial parents. A custodial parent in a Wisconsin works group
25in which the other custodial parent is a participant in a Wisconsin works
1employment position is eligible for employment training and job search assistance
2services provided by the Wisconsin works agency.
AB591-ASA1,72,11
449.161 Wisconsin works; overpayments. (1) Trial jobs overpayments. 5Notwithstanding s. 49.96, the department shall recover an overpayment of benefits
6paid under s. 49.148 (1) (a) from an individual who receives or has received benefits
7paid under s. 49.148 (1) (a). The value of the benefit liable for recovery under this
8subsection may include the value of work performed by the individual in a trial job
9if the person was ineligible to receive the benefit at the time it was paid. The
10department shall promulgate rules establishing policies and procedures for
11administrating this subsection.
AB591-ASA1,72,15
12(2) Community service jobs and transitional placements overpayments. The
13department shall recover an overpayment of benefits paid under s. 49.148 (1) (b) and
14(c) from an individual who continues to receive benefits under s. 49.148 (1) (b) and
15(c) by reducing the amount of the individual's benefit payment by no more than 10%.
AB591-ASA1,72,23
1749.181 Public assistance and local assistance funding. (1) Funds
18distribution. Except as provided in subs. (2) and (3), within the limits of the
19appropriation under s. 20.435 (4) (dz), the department shall allocate amounts under
20this subsection. In this subsection, references to "1993 stats." are as affected by the
21acts of 1995 that are enacted prior to the effective date of this subsection .... [revisor
22inserts date]. The department shall allocate the following amounts for the following
23purposes:
AB591-ASA1,73,524
(a)
Child care for recipients and former recipients of aid to families with
25dependent children. For child care services under s. 49.50 (6g) and for child care
1services and related transportation costs under s. 49.50 (6e) and (6k) (b), the
2department shall allocate $4,713,000 in fiscal year 1995-96, less any amounts
3expended or encumbered in fiscal year 1995-96 from the appropriations under s.
420.435 (4) (cn), 1993 stats., and s. 20.435 (4) (df), 1993 stats., for the purposes
5specified under this paragraph, and $5,687,400 in fiscal year 1996-97.
AB591-ASA1,73,106
(b)
Low-income and at-risk child care. For low-income and at-risk child care
7services under s. 46.98 (2m) to (4), the department shall allocate $5,576,100 in fiscal
8year 1995-96, less any amount expended or encumbered in fiscal year 1995-96 from
9the appropriation under s. 20.435 (7) (b) for the purposes specified under this
10paragraph, and $5,576,100 in fiscal year 1996-97.
AB591-ASA1,73,1811
(c)
Income maintenance payments to individuals. For income maintenance
12payments to individuals under s. 49.52 and for foster care and treatment foster care
13provided by nonlegally responsible relatives under state or county administered
14programs, if the relatives are licensed to operate foster homes or treatment foster
15homes under s. 48.62, the department shall allocate $141,277,600 in fiscal year
161995-96, less any amount expended or encumbered in fiscal year 1995-96 from the
17appropriation under s. 20.435 (4) (d), 1993 stats., for the purposes specified under
18this paragraph, and $122,684,200 in fiscal year 1996-97.
AB591-ASA1,73,2519
(cm)
Foster, treatment foster and kinship care. For foster care and treatment
20foster care provided by nonlegally responsible relatives under state or county
21administered programs, if the relatives are licensed to operate foster homes or
22treatment foster homes under s. 48.62, and for kinship care under s. 48.57 (3m),
23including assessments under s. 48.57 (3m) (a) 3. and background investigations
24under s. 48.57 (3m) (a) 4., the department shall allocate $10,284,500 in fiscal year
251996-97.
AB591-ASA1,74,9
1(d)
Public assistance administration and medical assistance eligibility
2determination. For payment distribution under s. 49.52 (1) for county
3administration of public assistance benefits and medical assistance eligibility
4determination, for payments to American Indian tribes for administration of public
5assistance benefits, and for fraud investigation and error reduction under s. 49.197
6(1m) and (4), the department shall allocate $28,189,100 in fiscal year 1995-96, less
7any amount encumbered in fiscal year 1995-96 from the appropriation under s.
820.435 (4) (de), 1993 stats., for the purposes specified under this paragraph, and
9$28,864,400 in fiscal year 1996-97.
AB591-ASA1,74,1410
(e)
Emergency assistance for families with needy children. For emergency
11assistance for families with needy children under s. 49.19 (11) (b), the department
12shall allocate $1,659,700 in fiscal year 1995-96, less any amount encumbered in
13fiscal year 1995-96 from the appropriation under s. 20.435 (4) (dc), 1993 stats., for
14the purpose specified under this paragraph, and $1,659,700 in fiscal year 1996-97.
AB591-ASA1,74,2315
(f)
Learnfare; job opportunities and basic skills program; food stamp
16employment and training; parental responsibility pilot program. For the learnfare
17program under s. 49.50 (7), the job opportunities and basic skills program under s.
1849.193, the food stamp employment and training project under s. 49.124 and the
19parental responsibility pilot program under s. 49.25, the department shall allocate
20$25,045,800 in fiscal year 1995-96, less any amounts expended or encumbered in
21fiscal year 1995-96 from the appropriations under s. 20.435 (4) (cn), 1993 stats., and
22s. 20.435 (4) (df), 1993 stats., for the purposes specified under this paragraph, and
23$26,447,100 in fiscal year 1996-97.
AB591-ASA1,75,324
(g)
Learnfare case management. For case management for learnfare pupils
25under s. 46.62, the department shall allocate $1,289,300 in fiscal year 1995-96, less
1any amount expended or encumbered in fiscal year 1995-96 from the appropriation
2under s. 20.435 (4) (dg), 1993 stats., for the purpose specified under this paragraph,
3and $1,309,500 in fiscal year 1996-97.
AB591-ASA1,75,114
(h)
Wisconsin works administration. For payments to Wisconsin works
5agencies under s. 49.52 (1) for administration of Wisconsin works benefits under ss.
649.141 to 49.151 and 49.155 to 49.161, for Wisconsin works health care coverage
7eligibility determination under s. 49.153 and for fraud investigation and error
8reduction under s. 49.197 (1m) and (4) and for payments to individuals under s.
949.148 for Wisconsin works employment positions and under ss. 49.155 and 49.157
10for child care and related transportation services, the department shall allocate $0
11for fiscal year 1996-97.
AB591-ASA1,75,14
12(2) Transfer of funds. The department may use up to 30% of the amounts
13required to be allocated under any paragraph under sub. (1) for any other purpose
14described under sub. (1) (a) to (g) in each fiscal year.
AB591-ASA1,75,18
15(3) Carry-over funds. The department may carry over any unexpended funds
16allocated under any paragraph under sub. (1) from the previous fiscal year to the
17following fiscal year within the same biennium to be allocated under any paragraph
18under sub. (1).
AB591-ASA1, s. 97
19Section
97. 49.181 (1) (intro.), (a), (c), (d), (f) and (g) and (2) of the statutes, as
20created by 1995 Wisconsin Act .... (this act), are amended to read:
AB591-ASA1,76,221
49.181
(1) Funds distribution. (intro.) Except as provided in subs. (2) and (3),
22within the limits of the appropriation under s.
20.435 (4) 20.445 (3) (dz), the
23department shall allocate amounts under this subsection. In this subsection,
24references to "1993 stats." are as affected by the acts of 1995 that are enacted prior
1to the effective date of this subsection .... [revisor inserts date]. The department shall
2allocate the following amounts for the following purposes:
AB591-ASA1,76,93
(a)
Child care for recipients and former recipients of aid to families with
4dependent children. For child care services under s.
49.50 (6g) 49.191 (2) and for child
5care services and related transportation costs under s.
49.50 (6e) 49.191 (1) and
(6k) 6(3) (b), the department shall allocate $4,713,000 in fiscal year 1995-96, less any
7amounts expended or encumbered in fiscal year 1995-96 from the appropriations
8under s. 20.435 (4) (cn), 1993 stats., and s. 20.435 (4) (df), 1993 stats., for the purposes
9specified under this paragraph, and $5,687,400 in fiscal year 1996-97.
AB591-ASA1,76,1710
(c)
Income maintenance payments to individuals. For income maintenance
11payments to individuals under s.
49.52 and for foster care and treatment foster care
12provided by nonlegally responsible relatives under state or county administered
13programs, if the relatives are licensed to operate foster homes or treatment foster
14homes under s. 48.62 49.33, the department shall allocate $141,277,600 in fiscal year
151995-96, less any amount expended or encumbered in fiscal year 1995-96 from the
16appropriation under s. 20.435 (4) (d), 1993 stats., for the purposes specified under
17this paragraph, and
$132,968,700 $122,684,200 in fiscal year 1996-97.
AB591-ASA1,77,218
(d)
Public assistance administration and medical assistance eligibility
19determination. For payment distribution under s.
49.52 (1) 49.33 for county
20administration of public assistance benefits and medical assistance eligibility
21determination, for payments to American Indian tribes for administration of public
22assistance benefits, and for fraud investigation and error reduction under s. 49.197
23(1m) and (4), the department shall allocate $28,189,100 in fiscal year 1995-96, less
24any amount expended or encumbered in fiscal year 1995-96 from the appropriation
1under s. 20.435 (4) (de), 1993 stats., for the purposes specified under this paragraph
2and $28,864,400 in fiscal year 1996-97.
AB591-ASA1,77,113
(f)
Learnfare; job opportunities and basic skills program; food stamp
4employment and training; parental responsibility pilot program. For the learnfare
5program under s.
49.50 (7) 49.26 (1), the job opportunities and basic skills program
6under s. 49.193, the food stamp employment and training project under s. 49.124 and
7the parental responsibility pilot program under s. 49.25, the department shall
8allocate $25,045,800 in fiscal year 1995-96, less any amounts expended or
9encumbered in fiscal year 1995-96 from the appropriation under s. 20.435 (4) (cn),
101993 stats., and s. 20.435 (4) (df), 1993 stats., for the purposes specified under this
11paragraph, and $26,447,100 in fiscal year 1996-97.
AB591-ASA1,77,1612
(g)
Learnfare case management. For case management for learnfare pupils
13under s.
46.62 49.26 (2), the department shall allocate $1,289,300 in fiscal year
141995-96, less any amount expended or encumbered in fiscal year 1995-96 from the
15appropriation under s. 20.435 (4) (dg), 1993 stats., for the purpose specified under
16this paragraph, and $1,309,500 in fiscal year 1996-97.
AB591-ASA1,77,19
17(2) Transfer of funds. The department may use up to 30% of the amounts
18required to be allocated under any paragraph under sub. (1) for any other purpose
19described under sub. (1) (a) to
(g) (h) in each fiscal year.
AB591-ASA1,78,221
49.19
(4e) (a)
Except as provided in par. (b), if If a person applying for aid is
22under 18 years of age, has never married and is pregnant or has a dependent child
23in his or her care, the person is not eligible for aid unless he or she lives in a place
24maintained by his or her parent, legal guardian or other adult relative as the
25parent's, guardian's or other adult relative's own home or lives in a foster home,
1treatment foster home, maternity home or other supportive living arrangement
2supervised by an adult.
AB591-ASA1,78,84
49.19
(4e) (c) The department shall request a waiver from the secretary of the
5federal department of health and human services to require, without exception, that
6a person applying for aid who is under 18 years of age, has never married and is
7pregnant or has a dependent child in his or her care meet the requirements of par.
8(a). If a waiver is granted and in effect, par. (b) does not apply.
AB591-ASA1,78,1511
49.19
(11) (a) 1. a. (intro.) Except as provided in subs. (11m) and (11s), monthly
12payments made under s. 20.435 (4)
(d) (dz) and (p) to persons or to families with
13dependent children shall be based on family size and shall be at 80% of the total of
14the allowances under subds. 2. and 4. plus the following standards of assistance
15beginning on September 1, 1987:
AB591-ASA1, s. 101
16Section
101. 49.19 (11) (a) 1. a. (intro.) of the statutes, as affected by 1995
17Wisconsin Acts 12, 27 and .... (this act), is repealed and recreated to read:
AB591-ASA1,78,2218
49.19
(11) (a) 1. a. (intro.) Except as provided in subs. (11m) and (11s), monthly
19payments made under s. 20.445 (3) (dz) and (p) to persons or to families with
20dependent children shall be based on family size and shall be at 80% of the total of
21the allowances under subds. 2. and 4. plus the following standards of assistance
22beginning on September 1, 1987:
AB591-ASA1, s. 102
23Section
102. 49.19 (20) of the statutes is renumbered 49.19 (20) (a) and
24amended to read:
AB591-ASA1,79,7
149.19
(20) (a)
After December 31, 1998, Beginning on January 1, 1999, or
2beginning on the first day of the 6th month beginning after the date stated in the
3notice under s. 49.141 (2) (d), whichever is sooner, no person is eligible to receive
4benefits under this section and no aid may be granted under this section. No
5additional notice, other than the enactment of this
subsection paragraph, is required
6to be given under sub. (13) to recipients of aid under this section to terminate their
7benefits under this
subsection paragraph.
AB591-ASA1,79,129
49.19
(20) (b) 1. The department shall request a waiver from the secretary of
10the federal department of health and human services to allow the application of subd.
112. Subdivision 2. does not apply unless a waiver under this subdivision is granted
12and in effect.
AB591-ASA1,79,1313
2. Notwithstanding par. (a):
AB591-ASA1,79,1714
a. If a nonlegally responsible relative is receiving aid under this section on
15behalf of a dependent child on July 1, 1996, no aid under this section may be paid
16to the nonlegally responsible relative after June 30, 1997, or the first reinvestigation
17under sub. (5) (e) occurring after June 30, 1996, whichever is earlier.