A federal district court has held that the procedural requirements (for escaping the disposal and incineration prohibitions) imposed on out-of-state municipalities, beyond those requirements placed on municipalities located within this state, discriminates against out-of-state interests in violation of the commerce clause of the U.S. Constitution. National Solid Wastes Management Assoc. v. Meyer, No. 94-C-0603-S (W.D. Wis. Dec. 15, 1994), petition for cert. filed.
Under this bill, an out-of-state municipality is not required to obtain DNR approval of its state's landfill siting program before disposing of or incinerating specified recyclable materials in this state. Under the bill, DNR is not required to undertake formal rule-making procedures to determine that an out-of-state municipality has an effective recycling program.
Current law generally prohibits the burning of yard waste without energy recovery in a solid waste facility in this state. Current law authorizes DNR to grant waivers to the prohibition on burning yard waste to allow the burning of brush or other clean woody vegetative material no greater than 6 inches in diameter at wood burning facilities licensed by DNR.
This bill provides that the prohibition on burning yard waste without energy recovery does not apply to the burning of brush or other clean woody vegetative material no greater than 6 inches in diameter at a wood burning facility that is licensed or permitted by DNR.
Under current law, the council on recycling advises various state agencies, the packaging industry, state and local authorities and others to promote the efficient and prompt implementation of state programs related to solid waste reduction, recovery and recycling. This bill abolishes the council on recycling and transfers the functions of the council on recycling to the recycling market development board.
This bill authorizes DNR to seek funds from any source for the costs of remedying environmental contamination if the activities being funded are part of a cooperative effort by DNR and the person providing the funds to remedy the environmental contamination.
Currently, with certain exceptions, no elective state official, candidate for state office, legislative employe or official of a state agency who participates in the rule-making process may solicit anything of pecuniary value from a lobbyist or principal. This bill provides that this prohibition does not apply to the solicitation by an agency official of DNR of funds to pay the costs of remedying environmental contamination.
Under current law, the low -- level radioactive waste council ceases to exist after July 1, 1996. This bill extends the existence of the low -- level radioactive waste council to June 30, 2002.
Other environment
Under current law, the attorney general must designate an assistant attorney general as the public intervenor. The public intervenor is generally authorized to formally initiate actions and intervene in all proceedings before any state agency or any court where the intervention is needed for the protection of public rights in water and other natural resources. In addition, under current law, the attorney general must appoint a public intervenor advisory committee. This bill eliminates the public intervenor position and eliminates the requirement that the attorney general appoint a public intervenor advisory committee.
Under the current hazardous pollution prevention assessment grant program, DOD, in consultation with the hazardous pollution prevention program in the University of Wisconsin-Extension (UW-Extension), awards grants to applicants for the purpose of having an assessment conducted to determine the full costs of using and producing hazardous substances, toxic pollutants and hazardous waste; to identify processes that use or produce such substances, pollutants or waste; and to identify options for the prevention of hazardous pollution. Also under current law, the hazardous pollution prevention board, which is attached to DOD, has a number of responsibilities related to hazardous pollution prevention.
This bill eliminates the board and replaces it with a hazardous pollution prevention council in DOD. The bill eliminates DOD's hazardous pollution prevention assessment grant program and, in its place, DOD is authorized to contract with the board of regents of the UW System for business assessment services from the UW-Extension solid and hazardous waste education center for the same purposes as those for which assessments were conducted under the grant program. In addition to authorizing DOD to contract for business assessments, the bill requires DOD, in coordination with DNR, the UW-Extension and the hazardous pollution prevention council, to conduct an education, environmental management and technical assistance program to promote the prevention of hazardous pollution among businesses in the state.
This bill creates an environmental science council in DOA, consisting of 9 members, appointed by the governor, who have expertise in the engineering sciences, economic sciences, biological sciences, physical sciences, human medical sciences or statistical or risk assessment sciences. The council, upon the request of the governor or the secretary of administration, is required to advise the governor or the secretary on: issues affecting the protection and management of the environment and natural resources in this state; proposed rules that establish environmental or natural resources standards or other criteria; the scientific and technical adequacy of environmental programs, methodologies, protocols and tests; scientific standards or other criteria for protection of human health and the environment; the quality of state agency environmental plans or programs of research, development and demonstration; and the importance of natural and anthropogenic sources of pollution. Also, the council, upon the request of the governor or the secretary of administration, is required to consult with state agencies on any environmental matter.
Currently, the recycling fund is used to finance programs and activities relating to recycling, including grants to assist local governmental units to pay for their recycling programs. This bill transfers $25,000,000 from the recycling fund to the general fund.
Gambling
Under current law, the state levies a 2% tax on the total amount wagered on dog races on a given race if the total amount wagered on all previous days during the year is not more than $25,000,000; a 2 2/3% tax if the amount is more than $25,000,000 but not more than $100,000,000; a 4 2/3% tax if the amount is more than $100,000,000 but not more than $150,000,000; a 6 2/3% tax if the amount is more than $150,000,000 but not more than $200,000,000; a 7 2/3% tax if the amount is more than $200,000,000 but not more than $250,000,000; and an 8 2/3% tax if the amount is more than $250,000,000. This bill reduces the tax to a 1% tax if the total amount wagered on all previous days during the year is not more than $25,000,000; to a 2% tax if the amount is more than $25,000,000 but not more than $100,000,000; to a 4% tax if the amount is more than $100,000,000 but not more than $150,000,000; to a 6% tax if the amount is more than $150,000,000 but not more than $250,000,000; and to an 8% tax if the amount is more than $250,000,000.
Under current law, a racetrack licensee is required to round down payouts to the nearest 10 cents. This rounding down may result in surplus funds in the wagering pool and is called the "breakage". Under current law, a racetrack licensee is required to pay 50% of the breakage to the state. This bill allows a racetrack licensee to retain 100% of the breakage.
Under current law, an intertrack wagering licensee (a person who is issued a license by the gaming commission for the purpose of simultaneously televising -- that is, simulcasting -- a race at one racetrack that is being conducted at a different racetrack) may not simulcast and accept wagers on more than 9 races a year, nor accept wagers on more than one race when 2 or more races are simulcast at the same time. This bill eliminates these restrictions.
Under current law, an intertrack wagering licensee must pay 50% of the total amount of intertrack wagers to the racetrack at which the race is actually conducted, after making certain allocations. These allocations are as follows: a) on days on which no racing is held at the racetrack, but simulcast races take place, the licensee must distribute 3.5% of the total amount of intertrack wagers to the host track for purses at the host track and must retain at least 1% of the total amount of intertrack wagers for purses at the licensee's racetrack; and b) on days on which racing is held at the racetrack, in addition to simulcast races, these percentages are 2.25% and 2.25%, respectively. This bill changes these allocations by requiring only that the intertrack wagering licensee retain at least 1.5% of the total amount of intertrack wagers for purses at the racetrack at which the intertrack wagering was conducted.
Under current law, a racetrack licensee must deduct 17% of the total amount wagered on a straight pool race -- that is, a race in which a person picks a single animal to win, place or show -- and 23% of the total amount wagered on a multiple pool race -- that is, a race in which a person picks 2 or more animals to finish in a certain order -- and pay the remainder to winning ticket holders. This bill allows racetrack licensees to deduct up to 20% of the total amount wagered on a straight pool race and 25% of the total amount wagered on a multiple pool race.
Under current law, the gaming commission consists of 3 full-time members appointed for 4-year terms. This bill changes the composition of the commission, effective on January 1, 1996, to consist of one full-time member, who is to be the chairperson and who is appointed for a 4-year term, and 2 other members who are to be appointed from the ranks of state employment for 2-year terms and who are not required to be full-time members of the commission.
Under current law, the gaming security division in the gaming commission is responsible for providing all security services for gaming operations, monitoring regulatory compliance of gaming operations, auditing gaming operations and investigating suspected violations of gaming-related laws. This bill abolishes, on January 1, 1996, the gaming security division and requires the gaming commission to enter into a contract with either the department of administration (DOA) or another person for the performance of these functions.
Under current law, DOA is authorized to contract for management consultation services to assist in the management or operation of the state lottery, but DOA is not authorized to contract for financial auditing or security monitoring services for the state lottery. Under this bill, DOA is not prohibited from contracting for data processing auditing services for the state lottery.
Under current law, DOA must require separate bids or separate competitive sealed proposals for management consultation services, instant lottery ticket services and supplies and on-line services and supplies. This bill eliminates this requirement with respect to on-line services and supplies and provides that instant lottery ticket data processing services are not subject to these bid and concealed proposal requirements.
This bill increases the compensation paid to a person who sells lottery tickets from 5% to 6% of the retail price of the lottery ticket or lottery share sold by that person. In addition, the bill eliminates the authority of the gaming commission to pay an incentive bonus to a person who sells lottery tickets.
Under current law, the administrator of the lottery division in the gaming commission and the administrator of the racing division in the gaming commission are each authorized to appoint and supervise a deputy and assistant to serve outside the classified service. This bill eliminates these deputy and assistant positions.
Under current law, there exists an executive assistant to the gaming commission. This bill eliminates this position and creates a deputy to the gaming commission. Also, the bill creates a director of a charitable gaming and crane games subunit in the gaming commission.
Under current law, the gaming commission may establish a separate Indian gaming subunit to coordinate the state's activities regarding Indian gaming. Current law provides that the director of the Indian gaming subunit is in the classified service. This bill provides that the director of the Indian gaming subunit must be in the unclassified service.
Under current law, the gaming commission is required, immediately after every race, to test the animal that won the race and an additional animal selected at random for any medications or foreign substances that may have been administered to that animal. This bill changes this requirement by providing that the gaming commission must test only one animal.
Health and social services
Public assistance
Transfer of functions from the department of health and social services
Under current law, the department of health and social services (DHSS) provides state administration of a range of economic support and work programs. These programs include: the aid to families with dependent children (AFDC) program; the job opportunities and basic skills (JOBS) program, which requires certain AFDC recipients to participate in employment and training programs; the work experience and job training program for certain noncustodial parents, commonly referred to as the children-first program; the food stamp program, under which certain low-income families are provided with food coupons; the general relief program; the relief of needy Indian persons program (RNIP); the medical assistance or medicaid program, which provides certain medical services to certain low-income individuals and recipients of certain other forms of public assistance; the program for providing state supplements to recipients under the federal supplemental security income (SSI) program, which provides cash payments to certain aged and disabled individuals; the low-income energy assistance program; and the program for paying funeral expenses of certain public assistance recipients. DHSS annually contracts with county departments of social services and human services for county income maintenance administration of RNIP, AFDC and medical assistance. Under these contracts, DHSS reimburses counties for certain administrative expenses and for payments to recipients and providers of services. Among other duties, DHSS submits to the federal authorities state plans for the administration of AFDC and medical assistance, promulgates rules that establish standards for eligibility for the programs, supervises cost accounting and management information systems that monitor utilization of services by public assistance recipients, recovers overpayments under these programs and conducts activities to reduce payment errors.
This bill transfers from DHSS to the department of industry, labor and human relations (DILHR), effective July 1, 1996, the powers and duties of state agency supervision for the administration of AFDC, JOBS, and all of the AFDC and JOBS pilot programs including learnfare, work-not-welfare and the parental responsibility pilot program. The learnfare pilot program requires certain children in families receiving AFDC to attend school as a condition of receiving AFDC benefits; the work-not-welfare pilot program sets time limits on AFDC benefits and requires AFDC recipients subject to the program to meet certain employment and training requirements; and the parental responsibility pilot program limits AFDC benefit increases for certain additional children born to AFDC recipients and requires AFDC recipients to participate in certain training and parental education programs. The bill also transfers from DHSS to DILHR administration of the food stamps program and the employment and training program for food stamp recipients; the children-first program; and the program for payment of funeral expenses for recipients of certain public assistance programs. The bill also transfers from DHSS to DILHR the responsibility for state supervision of income maintenance administration by county departments of social services and human services for medical assistance and RNIP. This includes supervision of county efforts to reduce recipient fraud under medical assistance and RNIP. However, DHSS retains responsibility for administering all aspects of medical assistance other than supervision of county income maintenance administration. DHSS also retains responsibility for administering general relief and RNIP which, as discussed below, are combined into an emergency medical relief program, and the state SSI supplement. Administration of the low-income energy assistance program is transferred under the bill from DHSS to the department of administration (DOA).
General relief and RNIP
Under current law, a county is required to provide general relief to all eligible dependent persons within the county. A similar program provides relief to needy Indian persons residing on tax-free land. This bill combines the general relief and RNIP programs into a single program called emergency medical relief, under which benefits are limited to emergency medical services. Participation by counties and tribal governing bodies in the program is optional. Under the bill, counties and tribal governing bodies may establish their own relief programs that are more comprehensive than emergency medical relief; however, partial state reimbursement is provided only to counties that elect to provide emergency medical relief and only with respect to eligible emergency medical relief costs. In particular, the bill makes the following changes:
1. Eligibility. Under current law, eligibility for general relief is determined primarily in accordance with written criteria, established by counties, to determine dependency. However, state law provides that certain people who have recently moved to the state are ineligible for general relief until they have resided in the state for at least 60 consecutive days. State law also provides that no person is eligible for general relief if the person is eligible for benefits under the AFDC or SSI programs, if the person fails to comply with general relief work requirements, if the person is removed from certain other public assistance programs as a result of sanctions or if the person is ineligible for AFDC because of provisions under the work-not-welfare pilot program, which provides AFDC benefits only for a limited time period. Similarly, current law provides that a person is not eligible for general relief medical benefits if the person is ineligible for medical assistance because the person has divested resources.
Eligibility for RNIP is currently determined under state law. A person is eligible if the person is an American Indian residing on tax-free land or is the spouse or child of such a person residing in the same household, if the person is ineligible for SSI, AFDC or medical assistance, if the person complies with RNIP work requirements and if the person meets the financial eligibility criteria under the AFDC program. A person is ineligible for RNIP if the person is ineligible for AFDC because of provisions under the work-not-welfare program.
Under this bill, eligibility for the emergency medical relief program is similar to eligibility under the current general relief program. A person is eligible for medical relief if the person resides in a county or on tribal land that elects to provide emergency medical relief and if the person qualifies under written criteria of dependency established by the emergency medical relief agency in that county or on that tribal land. The same state residency requirements which currently exist under the general relief program apply to emergency medical relief, as do the provisions requiring ineligibility of persons who receive other forms of public assistance or who have divested themselves of resources. However, unlike the eligibility criteria under the general relief program, persons who have been sanctioned under other public assistance programs or who have become ineligible for AFDC under the work-not-welfare program continue to be eligible for emergency medical relief.
2. Benefits. Currently, both the general relief and RNIP programs provide eligible recipients with cash benefits or in-kind relief for nonmedical support. These benefits are eliminated under this bill, as are nonemergency medical benefits. Under the emergency medical relief program, recipients may receive only emergency hospitalization and care when, in the reasonable professional judgment of a physician, emergency medical treatment or hospitalization is necessary because severe physical or psychological damage to the recipient will occur if the treatment or hospitalization is withheld. DHSS is required to promulgate rules establishing standards to be used by physicians in making this judgment.
3. Administration. Currently, there are a number of requirements that must be followed by counties in administering general relief, including procedures that must be followed by hospitals and counties that provide emergency medical treatment or hospitalization and provisions granting applicants for, and recipients of, general relief a number of procedural rights. These administrative provisions are largely eliminated in this bill. Instead, like the RNIP program under current law, many requirements concerning the administration of the emergency medical relief program are left to DHSS to specify in rules. The bill requires DHSS to promulgate rules regarding the administration of emergency medical relief, including procedures for making eligibility determinations, procedures for counties and tribal governing bodies to follow in obtaining partial reimbursement for emergency medical relief expenses and procedures for appealing eligibility determinations.
4. State reimbursement. Under current law, the state reimburses a county for up to 37.5% of eligible cash benefit costs under the general relief program. The state also reimburses up to 40% of eligible medical costs incurred by the county for a recipient that are not more than $10,000 and up to 70% of eligible medical costs over that amount, except in a county that enrolls its recipients in a prepaid health plan and meets certain additional criteria, in which case the state reimburses the county for 60% of the enrollment costs. If there are not enough funds appropriated to pay the maximum percentages permitted under current law, DHSS prorates the available funds among the counties claiming reimbursement. Current law also requires a county to accept, as payment of a claim for reimbursement of general relief costs, certain payments made to county hospitals and county mental health complexes under the medical assistance program. There is no reimbursement by the state for administrative costs relating to general relief. Under current law, the state reimburses elected tribal governing bodies for 100% of RNIP benefits and for 100% of RNIP administrative costs.
Under this bill, reimbursement is provided only for eligible emergency medical costs. For counties, the reimbursement percentages are the same as under current law, except that if a county operates a comprehensive medical relief program and enrolls its participants in a prepaid health plan, the state reimburses the county for 60% of the portion of the enrollment costs for all recipients that are attributable to emergency medical services. Under the bill, DHSS is required to promulgate rules for determining the portion of the enrollment costs that are attributable to emergency care. Counties are required to treat certain payments to county hospitals and county mental health complexes under the medical assistance program as reimbursement for emergency medical relief. If there are insufficient funds appropriated to pay counties the maximum reimbursement percentages, proration among the counties is required. For tribal governing bodies, the state reimburses 100% of eligible emergency medical costs, but no longer reimburses tribal governing bodies for any administrative costs. As under current law, reimbursement is made to counties on a yearly basis and reimbursement is made to tribal governing bodies in accordance with DHSS rules.
5. Repeal of general relief and RNIP work programs. Under current law, recipients of general relief and RNIP may be required to participate in work or grant diversion programs. Under the general relief grant diversion program, counties may use a recipient's general relief grant to pay up to 50% of the wages that an employer pays to the recipient for a period of up to 6 months. If the employer fails to retain the individual as an employe for at least 3 months after the wage subsidization has ended and the employe was not dismissed for cause, the employer must pay back the wage subsidization that it received. As part of general relief work programs, the general relief agency may require participation in educational or other programs that, in the judgment of the general relief agency, can assist the recipient in achieving financial independence. Current law provides for similar RNIP work relief and grant diversion programs, as well as for tribal economic development projects. This bill repeals these work and grant diversion programs. The bill authorizes counties to operate their own county-funded relief programs and permits counties to include work components in these relief programs.
6. Other changes. This bill makes a number of other changes related to the elimination of general relief and relief of needy Indian persons and the establishment of emergency medical relief programs and optional county-funded relief programs. The bill repeals provisions governing recovery of cash overpayments and repeals provisions that allow these amounts to be recovered by withholding any state income tax refunds due the recipient. Currently, the Wisconsin conservation corps and the Wisconsin service corps programs are required to attempt to hire 50% of their corps members from among recipients of specified types of public assistance. The bill changes these specified types of public assistance to eliminate general relief and RNIP and to include optional county-funded relief programs. The bill also amends a number of provisions exempting general relief and RNIP benefits from attachment and garnishment to exempt optional county-funded relief programs instead. Similarly, the exemption of general relief benefits from income, for purposes of the Wisconsin individual income tax, is replaced with an exemption for cash benefits provided under optional county-funded relief programs.
Under current law, the state provides funding to counties to provide certain types of mental health and alcohol and other drug abuse treatment services through what is commonly referred to as "community aids". Under the general relief program, the state also reimburses counties for a portion of counties' general relief medical costs. This bill provides that counties are not required to provide mental health and alcohol and other drug abuse treatment services under the general relief program or, after January 1, 1996, under the emergency medical relief program, and prohibits state reimbursement for these services under these programs.
Aid to families with dependent children
Under this bill, DHSS is required to conduct a demonstration project, pursuant to a waiver from the secretary of the federal department of health and human services, that would permit DHSS to limit increases in an AFDC grant for certain additional children. Under the demonstration project, in determining the amount of the AFDC grant, DHSS would not consider a child born into a family more than 10 months after the date on which the family was first determined to be eligible for AFDC, subject to certain exceptions. The demonstration project does not apply to certain children who are conceived as a result of sexual assault or incest. It also does not apply to a child who is born into a family that did not receive AFDC benefits for 6 months, other than as a result of being sanctioned, and who is born during that time or not more than 10 months after the family resumed receiving AFDC benefits. In addition, it does not apply to a child who does not reside with his or her biological parents. If the waiver is granted, DHSS may award grants to counties to provide family planning education services to persons covered by the waiver. The waiver does not apply to persons subject to the parental responsibility pilot program. DHSS may request that the waiver apply to all AFDC recipients or to a test group determined by DHSS. If the waiver is granted and in effect, the bill requires DHSS to implement the waiver.
Under the JOBS program, AFDC recipients who are not exempt are required to participate in certain jobs-related activities. DHSS has received a waiver from the federal government to permit the state to require participation in the JOBS program of certain parents and other caretakers of children who would otherwise be exempt from participation under federal law and regulations. Current state law requires participation of parents and other caretakers of children who have attained 2 years of age. Current federal law now grants states the option of requiring parents and other caretakers of children who have attained one year of age to participate in the JOBS program. This bill eliminates the current provision regarding the waiver and takes advantage of the federal law option to require JOBS participation of parents and other caretakers of children who have attained one year of age.
In addition, the bill requires DHSS to request a waiver from the federal department of health and human services to permit DHSS to require AFDC applicants to provide verification of compliance with certain orientation and job search activities before providing aid under the AFDC program. Under the waiver, DHSS may require attendance at one or more orientation sessions during the 30-day period beginning on the date that the applicant applied for AFDC. In addition, DHSS may require participation in not more than 30 days of job search activities by an AFDC applicant who is subject to the JOBS program. Exceptions to the mandatory orientation and job search requirements may be made if a determination is made that the AFDC applicant would not benefit from application of the requirement. In addition, DHSS may not require participation in orientation or job search activities for certain AFDC recipients who are subject to certain school attendance requirements under the learnfare program, if the orientation or job search activity would conflict with school attendance.
The bill also requires DHSS to request a waiver from the federal department of health and human services relating to the AFDC and JOBS programs. Currently, under the JOBS program, an AFDC recipient who is not exempt and who does not participate may be removed from AFDC grant eligibility for a specified period.
The waiver requested under this bill would allow DHSS, in certain circumstances, to reduce the amount of an AFDC grant based on the level of participation in the JOBS program. The waiver would apply to an AFDC recipient who is not exempt if: 1) the AFDC recipient is required to participate in a JOBS activity for a regularly scheduled number of hours in a month; 2) the activity is expected to continue for more than one month; and 3) the recipient fails to participate in the activity for the required number of hours in that month without good cause, as defined by DHSS by rule. If these criteria are met, for every hour that an AFDC recipient is required to participate in a JOBS activity, does not participate and does not have good cause for not participating, an amount equal to the federal minimum wage is subtracted from the AFDC grant for the recipient's family for a subsequent month.
Under current state law and the terms of a waiver from the federal department of health and human services, certain AFDC recipients between the ages of 6 and 19 are required to attend school under the learnfare program. The school attendance standard, which must be maintained in order for persons subject to the learnfare program to avoid sanctions, is currently set by administrative rule. This bill provides that an individual who is subject to the learnfare program fails to meet the school attendance requirement if the individual is a habitual truant. "Habitual truant" is defined as an individual who is absent from school without an acceptable excuse for part or all of 5 or more days out of 10 consecutive days on which school is held during a school semester or for part or all of 10 or more days on which school is held during a school semester. Under current law, a school board must establish a written attendance policy specifying the reasons for which pupils may be permitted to be absent from a public school. Whether or not an individual has an acceptable excuse is determined under this written attendance policy.
Current law permits DHSS to recover overpayments of AFDC benefits by reducing the amount of a family's monthly AFDC allowance by a specified percentage of the maximum monthly payment allowance for a family of that size. The percentage is 10% for overpayments resulting from an intentional AFDC program violation by a member of the family, and is 7% in all other cases. This bill eliminates this distinction and provides for a recoupment percentage of 10% in all cases.
Currently, the state pays for certain burial, funeral and cemetery expenses of AFDC recipients. This bill requires DHSS to amend the state AFDC plan to treat these payments as special-needs items under federal AFDC regulations, thus allowing the state to receive federal financial participation for these payments under the AFDC program.
Under current law, certain pregnant women are eligible for certain benefits under the AFDC program. These benefits begin on the first day of the month in which the 7th month of pregnancy begins or on the first day of the first month after the pregnant woman notifies the county department of health or county department of social services of the pregnancy, whichever is later. If the pregnant woman was receiving AFDC prior to the notification, the woman is eligible for a maternity benefit in addition to her current AFDC grant. If the pregnant woman was not receiving AFDC but would be eligible to receive AFDC but for the fact that she has no children, the pregnant women is eligible for the maternity benefit and an AFDC grant based on a family size of one. Eligibility for all of these benefits continues through the month of the child's birth. This bill provides that these benefits do not begin until the first day of the month in which the 8th month of pregnancy begins or on the first day of the first month after the pregnant woman notifies the county department of the pregnancy, whichever is later.
The work-not-welfare program is currently a pilot program under the AFDC program. In general, persons who are subject to the pilot program receive a combined AFDC and food stamps benefit that is paid in cash. The benefits are payable only for a limited time period, generally 24 months, and must be used within a specified benefit period. After the benefits are exhausted or the benefit period has expired, persons subject to the work-not-welfare program are generally ineligible for AFDC, general relief and RNIP for a 3-year period. This bill makes a number of changes to the work-not-welfare program:
1. Under the work-not-welfare program, the monthly benefit amount is equal to the AFDC and food stamp benefit that would have been paid to the recipient if the recipient were not subject to the work-not-welfare program, with certain adjustments and exceptions. This benefit amount is calculated based on the average income of the work-not-welfare group, estimated prospectively for a 6-month period, except that, for the first 2 months of participation in the program, the benefit amount is based on the estimated average income for those first 2 months. This bill provides that, for the first 2 months of participation in the program, the benefit amount is based on the estimated income for those first 2 months.
2. Under current law, the benefit amount is generally readjusted only at regularly scheduled redeterminations, unless there is a "significant change in circumstances". Current law provides a list of the events that constitute a "significant change in circumstances". For example, under current law, it is a "significant change in circumstances" if the combined equity value of all of a work-not-welfare group's assets exceeds the asset limit for AFDC eligibility. This bill clarifies that this provision does not apply to an AFDC recipient who is also subject to the vehicle asset demonstration project or the education and employability account demonstration project. The vehicle asset demonstration project allows owners of vehicles with a total equity value of not more than $2,500 to qualify for AFDC and the education and employability account demonstration project allows AFDC receipts to accumulate $10,000 in an account, the balance of which may be used only for certain purposes, without losing AFDC eligibility. In addition, this bill includes, as a "significant change in circumstance": a) an increase or decrease in unsubsidized employment of 10 or more hours per week; b) a change in child care expenses of more than $50 per month; and c) a change in the maximum allowable child care disregard.
Under current law, a work-not-welfare group receives an additional month of benefits and a one-month extension in the group's benefit period for each month that a person in the group receives benefits under the SSI program. This bill amends this provision to also cover months in which a person has been determined to be eligible for, but does not receive, benefits under the SSI program.
Current law provides for a demonstration project under which DHSS provides certain persons who are eligible for AFDC and who have not previously resided in this state for at least 6 months, with an AFDC benefit for the first 6 months that they reside in this state that is based on the AFDC benefit levels in their previous state of residence. This project is commonly referred to as the "2-tier demonstration project". Under current law, this project does not apply to any person who has previously resided in this state for at least 6 months. Under this bill, this provision is changed to require that this 6 months of residence in the state be consecutive. In addition, current law requires DHSS to promulgate a rule, which it must update annually, establishing the AFDC benefits that will be paid under the 2-tier demonstration project. This bill modifies this requirement so that DHSS is required to promulgate a rule establishing the methods and identifying the factors that it will use to determine the benefit amounts under the project. This rule is also required to establish the initial benefit table to be used in determining benefits under the project. Changes to this initial benefit table must be published in the Wisconsin Administrative Register.
Medical assistance eligibility
Under current law, the eligibility provisions under the medical assistance program allow the spouse of a person who is institutionalized in a medical institution or a nursing facility to retain certain income and resources without having the institutionalized spouse lose eligibility for medical assistance. The "minimum monthly maintenance needs allowance" allows the community spouse to retain a minimum amount of income each month without causing the institutionalized spouse to lose medical assistance eligibility. This minimum monthly maintenance needs allowance is $1,500, increased by the rate of inflation between 1988 and the year before the year in which the calculation is made. This bill reduces the allowance, for 1996 and 1997 only, to 200% of the monthly amount of the federal poverty line for a family of 2 plus an allowance for high housing costs, except that the allowance may not exceed $1,500, increased by the rate of inflation between 1988 and the year before the year in which the calculation is made.
Current law also protects certain assets of the spouse of an institutionalized medical assistance recipient. The amount that is protected is commonly referred to as the "community spouse resource allowance". Under current law, this allowance is $60,000, increased by the rate of inflation between 1988 and the year in which the calculation is made, unless a greater amount is set at a hearing or is transferred to the community spouse by court order. This bill sets a new amount for the community spouse resource allowance, for 1996 and 1997 only, unless a greater amount is set at a hearing or is transferred to the community spouse by a court order. Under the bill, this new amount is equal to the greater of $12,000, increased by the rate of inflation between 1988 and the year in which the calculation is made, and the "spousal share of community assets", except that the amount may not exceed $60,000 increased by the rate of inflation between 1988 and the year in which the calculation is made. The "spousal share of community assets" is equal to 50% of the total value of all resources owned by the community spouse and the institutionalized spouse at the time that the institutionalized spouse was first institutionalized for a continuous period.
Under current law, there are 2 types of eligibility for medical assistance -- eligibility based on receipt of some other kind of public assistance, generally referred to as categorically needy eligibility, and eligibility based on financial need, generally referred to as medically needy eligibility. In order to qualify for medical assistance as medically needy, an individual must meet certain income limitations. Currently, an individual generally meets this income limitation if the individual's income does not exceed 133 1/3% of the greater of the maximum AFDC payment for the individual's family size or the combined benefit amount available under the federal SSI program and the state supplement to it. A separate provision of current law states that, except for persons covered under the "healthy start" program, which allows certain low-income pregnant women and children to qualify for medical assistance, no one is eligible for medical assistance if their income exceeds the maximum income levels that the federal department of health and human services sets for federal participation. This bill repeals this provision.
Currently, under the state medical assistance plan, DHSS provides medical assistance to certain persons whose income exceeds the 133 1/3% limit. DHSS currently provides medically needy medical assistance to individuals who are 65 years of age or older, blind or totally and permanently disabled, who require certain care by nursing homes or other medical institutions, who meet the medically needy resource limitations and whose incomes do not exceed 300% of the federal benefit rate under the SSI program. This bill amends the statutory medical assistance eligibility criteria to cover these individuals, except that the percentage test is lowered to 225% from 300%, effective January 1, 1996. The bill also requires that DHSS request a waiver to continue to provide medical assistance to persons who are receiving skilled nursing care services or intermediate care services as a resident of a nursing home or community-based residential facility (C-BRF) on January 1, 1996, who would lose eligibility as a result of decreasing the percentage limit from 300% to 225%. If the waiver is granted and in effect, these persons continue to be eligible for medical assistance.
This bill expands eligibility for medical assistance to cover certain individuals infected with tuberculosis who meet the income and resource eligibility requirements for the federal SSI program, but do not meet the nonfinancial SSI eligibility requirements. Individuals eligible for medical assistance under this provision are eligible only for certain tuberculosis-related services. These include prescription drugs, physician services, laboratory and X-ray services, clinic services, case-management services and certain services designed to encourage individuals to take their medications. Case-management services are available only from or through a certified case management provider in a county, city, village or town that elects to pay the portion of the costs that are not covered by the federal government.
This bill requires DHSS to seek a waiver from the secretary of the federal department of health and human services to apply special eligibility criteria to migrant workers and their dependents in determining their eligibility for medical assistance benefits. Under the bill, "migrant worker" means any person who temporarily leaves a principal place of residence outside of this state and comes to this state for not more than 10 months in a year to accept certain types of seasonal agricultural employment. "Migrant worker" does not include certain students or any person who is employed by certain of the person's relatives. DHSS is permitted to establish, by rule, additional exceptions from the definition of migrant worker.
If the waiver is granted and in effect, a migrant worker and his or her dependents are eligible for medical assistance in this state if the migrant worker and his or her dependents have a valid medical assistance identification card issued in another state and if the migrant worker completes a Wisconsin medical assistance application. This eligibility continues for the period specified on the identification card issued in the other state. DHSS is required to notify the other state that the migrant worker and his or her dependents are eligible for medical assistance in Wisconsin. In addition, if the waiver is granted and in effect, DHSS must determine medical assistance eligibility for a migrant worker and his or her dependents by using an income-averaging method, if the migrant worker and his or her dependents are not eligible for medical assistance using prospective budgeting.
Medical assistance benefits
As of January 1, 1996, this bill eliminates skilled nursing home services and intermediate care facility services, except those in an institution for mental diseases, as benefits for persons who are eligible as medically needy under the medical assistance program. A component of these benefits ("active treatment" for persons with mental illness or developmental disability) is also eliminated, under the bill, as of January 1, 1996. The bill also eliminates services that are substituted for skilled nursing or intermediate care services, to persons eligible as medically needy, under the community options program, and under the community integration programs for relocated residents of state centers for the developmentally disabled and certain other institutions. The bill provides for continuation of skilled nursing services and intermediate care facility services (including "active treatment") to persons who are, as of January 1, 1996, receiving the services as medically needy eligibles under the medical assistance program, under the community options program, and under the community integration programs, if the federal department of health and human services grants waivers of federal medicaid laws to do so.
Under current law, home and community-based personal care services are provided as a benefit under the medical assistance program for eligible persons. This bill eliminates personal care services as a benefit under the medical assistance program.
This bill requires DHSS to promulgate rules, with the approval of DOA, that define "supportive, personal and nursing services" that are permitted, under the bill, to be provided in an assisted living facility. These services may, under the bill, be reimbursed with medical assistance funds under the community options program and the community integration program for medical assistance-eligible persons who meet certain reimbursable levels of care. Reimbursement must be at 85% of the statewide nursing home medical assistance reimbursement rate. DHSS must establish this rate by July 1 annually.
Currently, under a waiver of federal medicaid laws, state general purpose revenues and federal medicaid moneys fund home or community-based care for persons who are eligible for medical assistance. These persons are either relocated into the community from certain institutions or have physical conditions that meet requirements for medical assistance reimbursement for their care in certain nursing facilities. The program funding this care is commonly known as "CIP II".
Current federal medicaid law prohibits funding, under this state's medical assistance program, of mentally ill persons aged 22 to 64 who receive services in a facility that the federal health care financing administration finds is an institution for mental diseases.
This bill prohibits use of funds under the "CIP II" program for the home or community-based care of a person who is aged 21 to 64, who has a primary diagnosis of mental illness, who is relocated to the community from a facility that is found to be an institution for mental diseases and for which DHSS has reduced the licensed bed capacity.
Currently, medical assistance provides certain dentists' services that are not required by federal law to be covered by a state's medical assistance program. Under current law, these services are limited to basic services within the following categories: diagnostic services, preventive services, restorative services, endodontic services, periodontic services, oral and maxillofacial surgery services, emergency treatment of dental pain, removable prosthodontic services and fixed prosthodontic services. This bill eliminates the coverage of basic dentists' services that are not within the categories of emergency treatment of dental pain, removable prosthodontic services or fixed prosthodontic services, unless the services are found to be necessary as a result of early and periodic screening and diagnostic services provided under the medical assistance program.
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This bill permits school districts to receive federal medical assistance funds for certain health care services provided in schools to children who are eligible for medical assistance. The bill covers those health care services that are appropriate to a school setting under rules promulgated by DHSS. The bill covers all public schools, including charter schools, and includes early childhood programs for developmentally delayed and disabled 4-year-old and 5-year-old children. If a school district elects to provide school medical services and meets all certification and reporting requirements established by DHSS, DHSS must reimburse a school district for the federal share of allowable charges for the school medical services that the school district provides and for allowable administrative costs. The bill requires DHSS to promulgate rules establishing a methodology for making these reimbursements. All other expenses for school medical services must be paid for by the school district with public funds received from state or local taxes. The bill also requires the school district to comply with all requirements of the federal department of health and human services for receiving federal financial participation.
Under current law, mental health crisis intervention services are not a covered benefit under the medical assistance program. This bill allows a county, city, village or town to elect to provide mental health crisis intervention services to medical assistance recipients as a medical assistance benefit. If a county, city, village or town elects to provide these services as a medical assistance benefit, the county, city, village or town is required to reimburse the provider of the mental health crisis intervention services for the amount of the allowable charges for those services under the medical assistance program that is not provided by the federal government. DHSS is required to reimburse the provider for the amount that is provided by the federal government.
Under current law, medical assistance covers nurse-midwifery services only if prescribed by a physician. This bill changes this provision to cover all nurse-midwifery services regardless of whether they are prescribed by a physician.
Under current law, medical assistance provides reimbursement only for certain case management services. Generally, in order for medical assistance to provide reimbursement, the services must be provided by or through a certified case management provider in a county, city, village or town that elects to reimburse the case management provider for the portion of the costs that are not reimbursed by the federal government. In addition, the case management services must be provided to recipients with certain specified diseases or disabilities. Under current law, case management services reimbursement may generally be provided for severely emotionally disturbed children and for persons with a developmental disability, a chronic mental illness, Alzheimer's disease, alcoholism or drug dependency, a physical disability or HIV infection. This bill also permits reimbursement of case management services for a family who has a child at risk of physical, mental or emotional dysfunction, as defined by DHSS.
Currently, counties provide early intervention services, funded by state and federal moneys, to certain very young children with certain documented physical or mental conditions and their families under what is known as the "birth to 3" program. This bill expands eligibility for case management services to include children who are otherwise eligible for medical assistance who receive early intervention services under the "birth to 3" program.
Under current law, the medical assistance program covers alcohol and other drug abuse day treatment services. This benefit expires on June 30, 1995, or on the day after publication of the 1995-97 biennial budget act, whichever is later. This bill removes this expiration date.
Medical assistance provider reimbursement and funding
Under current law, there are a number of provisions that govern the amount that a nursing home is reimbursed for providing care to medical assistance recipients. This bill makes the following changes to the nursing home reimbursement provisions:
1. Under current law, a nursing home's reimbursement rate may not fall below the rate that was in effect for the nursing home during the previous fiscal year. This bill provides that the nursing home's reimbursement rate may not fall below the rate that was in effect for the nursing home on June 30, 1994.
2. Under current law, DHSS is permitted to distribute supplemental payments to nursing homes to cover the costs of caring for emotionally disturbed residents. This bill eliminates supplemental payments for emotionally disturbed residents effective July 1, 1997.
3. This bill requires DHSS to use interest and investment income of a nursing home and affiliated entities, to the extent required under the state's approved medical assistance plan, to offset allowable interest expenses in determining the nursing home's reimbursement rate. It also requires, as a condition of receiving reimbursement under the medical assistance program, that nursing homes provide information to DHSS, upon request, that DHSS considers necessary to determine allowable interest expenses of the nursing home and of affiliated entities.
