AB591-ASA2,67,87 3. A dependent child who has lost eligibility for employer-subsidized health
8care coverage for any reason.
AB591-ASA2,67,99 4. A participant in a Wisconsin works employment position.
AB591-ASA2,67,1610 (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-ASA2,67,1917 (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-ASA2,68,2 20(4) Administration and benefits. (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-ASA2,68,53 (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-ASA2,68,862. 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-ASA2,68,109 a. Home care, as defined in s. 632.895 (1) (b), in excess of the minimum required
10under s. 632.895 (2).
AB591-ASA2,68,1111 b. Skilled nursing care in excess of the minimum required under s. 632.895 (3).
AB591-ASA2,68,1212 c. Over-the-counter drugs.
AB591-ASA2,68,1413 d. Treatment of alcoholism or other drug abuse problems in excess of the
14minimum coverage required under s. 632.89 (2).
AB591-ASA2,68,1515e. Services described under 42 USC 1396d (r) (5).
AB591-ASA2,68,2016 (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-ASA2,69,821 (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-ASA2,69,10 9(5) Prohibited conduct. No person, in connection with the health care
10coverage under this section, may:
AB591-ASA2,69,1211 (a) Knowingly and wilfully make or cause to be made any false statement or
12representation of a material fact in any application for any benefit or payment.
AB591-ASA2,69,1713 (b) Having knowledge of the occurrence of any event affecting the initial or
14continued eligibility for a benefit or payment under this section, conceal or fail to
15disclose that event with an intent fraudulently to secure a benefit or payment under
16this section either in a greater amount or quantity than is due or when no such
17benefit or payment is authorized.
AB591-ASA2,69,21 18(6) Penalties. (a) A person who is convicted of violating sub. (5) in connection
19with the furnishing by that person of items or services for which payment is or may
20be made under this section may be fined not more than $25,000 or imprisoned for not
21more than 5 years or both.
AB591-ASA2,69,2422 (b) A person, other than a person under par. (a), who is convicted of violating
23sub. (5) may be fined not more than $10,000 or imprisoned for not more than one year
24in the county jail or both.
AB591-ASA2,70,10
1(7) Damages. If any person is convicted under sub. (5), the state shall have a
2cause of action for relief against such person in an amount 3 times the amount of
3actual damages sustained as a result of any excess payments made in connection
4with the offense for which the conviction was obtained. Proof by the state of a
5conviction under sub. (5) in a civil action shall be conclusive regarding the state's
6right to damages and the only issue in controversy shall be the amount, if any, of the
7actual damages sustained. Actual damages shall consist of the total amount of
8excess payments, any part of which is paid by state funds. In any such civil action
9the state may elect to file a motion in expedition of the action. Upon receipt of the
10motion, the presiding judge shall expedite the action.
AB591-ASA2,70,18 11(8) Kickbacks, bribes and rebates. (a) Any person who solicits or receives any
12remuneration in cash or in-kind, in return for referring an individual to a person for
13the furnishing or arranging for the furnishing of any item or service for which
14payment may be made in whole or in part under this section, or in return for
15purchasing, leasing, ordering, or arranging for or recommending purchasing,
16leasing, or ordering any good, facility, service, or item for which payment may be
17made in whole or in part under this section, may be fined not more than $25,000 or
18imprisoned for not more than 5 years or both.
AB591-ASA2,70,2519 (b) Whoever offers or pays any remuneration in cash or in-kind to any person
20to induce such person to refer an individual to a person for the furnishing or
21arranging for the furnishing of any item or service for which payment may be made
22in whole or in part under this section, or to purchase, lease, order, or arrange for or
23recommend purchasing, leasing, or ordering any good, facility, service or item for
24which payment may be made in whole or in part under this section, may be fined not
25more than $25,000 or imprisoned for not more than 5 years or both.
AB591-ASA2,71,1
1(c) This subsection does not apply to any of the following:
AB591-ASA2,71,52 1. A discount or other reduction in price obtained by a provider of services or
3other entity under chs. 46 to 51 and 58 if the reduction in price is properly disclosed
4and appropriately reflected in the costs claimed or charges made by the provider or
5entity under this section.
AB591-ASA2,71,86 2. Any amount paid by an employer to an employe who has a bona fide
7employment relationship with such employer for employment in the provision of
8covered items or services.
AB591-ASA2,71,13 9(9) Prohibited charges. (a) No provider may knowingly impose upon a
10recipient charges in addition to payments received for services under this section or
11knowingly impose direct charges upon a recipient in lieu of obtaining payment under
12this section unless benefits or services are not provided under sub. (4) and the
13recipient is advised of this fact prior to receiving the service.
AB591-ASA2,71,1514 (b) A person who violates this subsection may be fined not more than $25,000
15or imprisoned not more than 5 years or both.
AB591-ASA2, s. 94 16Section 94. 49.155 of the statutes is created to read:
AB591-ASA2,71,18 1749.155 Wisconsin works; child care subsidy. (1) Definitions. In this
18section:
AB591-ASA2,71,2019 (a) "Level I day care provider" means a day care provider certified under s.
2048.651 (1) (a).
AB591-ASA2,71,2221 (b) "Level II day care provider" means a day care provider certified under s.
2248.651 (1) (b).
AB591-ASA2,72,2 23(1m) Eligibility. A Wisconsin works agency shall determine eligibility for a
24child care subsidy under this section. Under this section, an individual may receive

1a subsidy for child care for a child who has not attained the age of 13 if the individual
2meets all of the following conditions:
AB591-ASA2,72,63 (a) The individual is a custodial parent of a child who is under the age of 13,
4or is a person who, under s. 48.57 (3m), is providing care and maintenance for a child
5who is under the age of 13, and child care services for that child are needed in order
6for the individual to do any of the following:
AB591-ASA2,72,77 1. Meet the school attendance requirement under s. 49.26 (1) (ge).
AB591-ASA2,72,98 2. Work in an unsubsidized job, including training provided by an employer
9during the regular hours of employment.
AB591-ASA2,72,1110 3. Work in a Wisconsin works employment position, including participation in
11education or training activities under s. 49.147 (3) (am), (4) (am) or (5) (bm).
AB591-ASA2,72,1312 4. Participate in other employment skills training, as defined by the
13department by rule, if the individual meets any of the following conditions:
AB591-ASA2,72,1514 a. The individual has been employed in unsubsidized employment for 9
15consecutive months and continues to be so employed.
AB591-ASA2,72,1616 b. The individual is a participant in a Wisconsin works employment position.
AB591-ASA2,72,2017 (b) The individual meets the eligibility conditions under s. 49.145 (2) (c) to (g)
18and (3) (a), except that an individual may be eligible for a child care subsidy under
19this section regardless of the number of days the individual has resided in this state
20prior to applying for the child care subsidy.
AB591-ASA2,72,2421 (c) The gross income of the individual's family is at or below 165% of the poverty
22line for a family the size of the individual's family. In calculating the gross income
23of the family, the department shall include income described under s. 49.145 (3) (b)
241. to 3.
AB591-ASA2,73,2
1(d) The individual satisfies other eligibility criteria established by the
2department by rule.
AB591-ASA2,73,5 3(2) Distribution of child care funds. From the appropriation under s. 20.445
4(3 (dz), the department shall distribute funds allocated for child care services under
5this section.
AB591-ASA2,73,8 6(3) County administration. (a) A Wisconsin works agency shall refer an
7individual who has been determined eligible under sub. (1m) to a county department
8under s. 46.215, 46.22 or 46.23 for child care assistance.
AB591-ASA2,73,129 (b) The county department under s. 46.215, 46.22 or 46.23 shall administer
10child care assistance under this section. In administering child care assistance
11under this section, the county department under s. 46.215, 46.22 or 46.23 shall do
12all of the following:
AB591-ASA2,73,1313 1. Determine an individual's liability under sub. (5).
AB591-ASA2,73,1514 2. Provide a voucher to an eligible individual for the payment of child care
15services provided by a child care provider.
AB591-ASA2,73,1616 3. Set maximum reimbursement rates as provided under sub. (6) (b).
AB591-ASA2,73,1717 4. Reimburse child care providers.
AB591-ASA2,73,1818 5. Certify child care providers under s. 48.651.
AB591-ASA2,73,2119 6. Assist individuals who are eligible for child care subsidies under this section
20to identify available child care providers and select appropriate child care
21arrangements.
AB591-ASA2,73,25 22(4) Choice of provider. An eligible individual shall choose whether the child
23care will be provided by a day care center licensed under s. 48.65, a Level I day care
24provider, a Level II day care provider or a day care program provided or contracted
25for by a school board under s. 120.13 (14).
AB591-ASA2,74,4
1(5) Liability for payment. An individual who receives aid under this section
2is liable for a percentage of the cost of child care received, payable in accordance with
3a sliding scale formula established by the department that is based on the
4individual's ability to pay and the cost of the child care.
AB591-ASA2,74,10 5(6) Child care rates and quality standards. (a) The department shall
6establish the maximum rate that a county department under s. 46.215, 46.22 or
746.23 may pay for child care services provided under this section. The department
8shall set the rate so that at least 75% of the number of places for children within the
9licensed capacity of all child care providers in each county or in a multicounty area
10determined by the department can be purchased at or below that maximum rate.
AB591-ASA2,74,1411 (b) The department shall set a maximum rate that a county department under
12s. 46.215, 46.22 or 46.23 may pay for Level I day care providers for services provided
13to eligible individuals. The maximum rate set under this paragraph may not exceed
1475% of the rate established under par. (a).
AB591-ASA2,74,1815 (c) The department shall set a maximum rate that a county department under
16s. 46.215, 46.22 or 46.23 may pay for Level II day care providers for services provided
17to eligible individuals. The maximum rate set under this paragraph may not exceed
1850% of the rate established under par. (a).
AB591-ASA2,74,2119 (d) The department may establish a system of rates for child care programs that
20exceed the quality of care standards required for licensure under s. 48.65 or for
21certification under s. 48.651 (1) (a).
AB591-ASA2,74,25 22(7) Refusal to pay child care providers. The department or the county
23department under s. 46.215, 46.22 or 46.23 may refuse to pay a child care provider
24for child care provided under this section if any of the following applies to the child
25care provider, employe or person living on the premises where child care is provided:
AB591-ASA2,75,3
1(a) The person has been convicted of a felony or misdemeanor that the
2department or county department determines substantially relates to the care of
3children.
AB591-ASA2,75,54 (b) The person is the subject of a pending criminal charge that the department
5or county department determines substantially relates to the care of children.
AB591-ASA2,75,76 (c) The person has been determined under s. 48.981 to have abused or neglected
7a child.
AB591-ASA2, s. 95 8Section 95. 49.157 of the statutes is created to read:
AB591-ASA2,75,11 949.157 Wisconsin works; transportation costs. (1) Assistance. In
10accordance with rules promulgated by the department, a Wisconsin works agency
11may grant financial assistance to a participant for transportation costs.
AB591-ASA2,75,14 12(2) Distribution of funds. The department shall distribute to the Wisconsin
13works agencies the funds allocated under s. 49.181 (1) (h) for transportation
14assistance provided under sub. (1).
AB591-ASA2, s. 96 15Section 96. 49.159 of the statutes is created to read:
AB591-ASA2,75,23 1649.159 Wisconsin works; noncustodial and minor and other custodial
17parents. (1)
Noncustodial parents. An individual who would be eligible under s.
1849.145 except that the individual is the noncustodial parent of a dependent child, is
19eligible for services under this subsection if the dependent child's custodial parent
20is a participant and if the individual pays child support pursuant to a court order.
21The Wisconsin works agency may provide job search assistance and case
22management designed to enable eligible noncustodial parents to obtain and retain
23employment.
AB591-ASA2,76,6 24(2) Minor custodial parents; financial and employment counseling. A
25custodial parent who is under the age of 18 is eligible, regardless of that individual's

1or that individual's parent's income or assets, to meet with a financial and
2employment planner. The financial and employment planner may provide the
3individual with information regarding Wisconsin works eligibility, available child
4care services, employment and financial planning, family planning services,
5community resources, eligibility for food stamps and other food and nutrition
6programs.
AB591-ASA2,76,10 7(3) Other custodial parents. A custodial parent in a Wisconsin works group
8in which the other custodial parent is a participant in a Wisconsin works
9employment position is eligible for employment training and job search assistance
10services provided by the Wisconsin works agency.
AB591-ASA2, s. 97 11Section 97. 49.161 of the statutes is created to read:
AB591-ASA2,76,19 1249.161 Wisconsin works; overpayments. (1) Trial jobs overpayments.
13Notwithstanding s. 49.96, the department shall recover an overpayment of benefits
14paid under s. 49.148 (1) (a) from an individual who receives or has received benefits
15paid under s. 49.148 (1) (a). The value of the benefit liable for recovery under this
16subsection may include the value of work performed by the individual in a trial job
17if the person was ineligible to receive the benefit at the time it was paid. The
18department shall promulgate rules establishing policies and procedures for
19administrating this subsection.
AB591-ASA2,76,24 20(2) Community service jobs and transitional placements overpayments.
21Except as provided in sub. (3), the department shall recover an overpayment of
22benefits paid under s. 49.148 (1) (b) and (c) from an individual who continues to
23receive benefits under s. 49.148 (1) (b) and (c) by reducing the amount of the
24individual's benefit payment by no more than 10%.
AB591-ASA2,77,6
1(3) Overpayments caused by intentional program violations. If an
2overpayment under sub. (1) or (2) is the result of an intentional violation of ss. 49.141
3to 49.161 or of rules promulgated by the department under those sections, the
4department shall recover the overpayment by deducting an amount from the benefits
5received under s. 49.148 (1) (a), (b) or (c), until the overpayment is recovered. The
6amount to be deducted each month may not exceed the following:
AB591-ASA2,77,87 (a) For intentional program violations resulting in an overpayment that is less
8than $300, 10% of the amount of the monthly benefit payment.
AB591-ASA2,77,109 (b) For intentional program violations resulting in an overpayment that is at
10least $300 but less than $1,000, $75.
AB591-ASA2,77,1211 (c) For intentional program violations resulting in an overpayment that is at
12least $1,000 but less than $2,500, $100.
AB591-ASA2,77,1413 (d) For intentional program violations resulting in an overpayment that is
14$2,500 or more, $200.
AB591-ASA2, s. 98 15Section 98. 49.181 of the statutes is created to read:
AB591-ASA2,77,22 1649.181 Public assistance and local assistance funding. (1) Funds
17distribution.
Except as provided in subs. (2) and (3), within the limits of the
18appropriation under s. 20.435 (4) (dz), the department shall allocate amounts under
19this subsection. In this subsection, references to "1993 stats." are as affected by the
20acts of 1995 that are enacted prior to the effective date of this subsection .... [revisor
21inserts date]. The department shall allocate the following amounts for the following
22purposes:
AB591-ASA2,78,423 (a) Child care for recipients and former recipients of aid to families with
24dependent children.
For child care services under s. 49.50 (6g) and for child care
25services and related transportation costs under s. 49.50 (6e) and (6k) (b), the

1department shall allocate $4,713,000 in fiscal year 1995-96, less any amounts
2expended or encumbered in fiscal year 1995-96 from the appropriations under s.
320.435 (4) (cn), 1993 stats., and s. 20.435 (4) (df), 1993 stats., for the purposes
4specified under this paragraph, and $5,687,400 in fiscal year 1996-97.
AB591-ASA2,78,95 (b) Low-income and at-risk child care. For low-income and at-risk child care
6services under s. 46.98 (2m) to (4), the department shall allocate $5,576,100 in fiscal
7year 1995-96, less any amount expended or encumbered in fiscal year 1995-96 from
8the appropriation under s. 20.435 (7) (b) for the purposes specified under this
9paragraph, and $5,576,100 in fiscal year 1996-97.
AB591-ASA2,78,1710 (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, 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 $122,684,200 in fiscal year 1996-97.
AB591-ASA2,78,2418 (cm) Foster, treatment foster and kinship care. For foster care and treatment
19foster care provided by nonlegally responsible relatives under state or county
20administered programs, if the relatives are licensed to operate foster homes or
21treatment foster homes under s. 48.62, and for kinship care under s. 48.57 (3m),
22including assessments under s. 48.57 (3m) (a) 3. and background investigations
23under s. 48.57 (3m) (a) 4., the department shall allocate $10,284,500 in fiscal year
241996-97.
AB591-ASA2,79,9
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-ASA2,79,1410 (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-ASA2,79,2315 (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-ASA2,80,324 (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-ASA2,80,114 (h) Wisconsin works administration. For payments to Wisconsin works
5agencies under s. 49.143 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-ASA2,80,14 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-ASA2,80,18 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).
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