SB359: Bill Text

3. Hearing aids.

4. Home health, private duty nursing and personal care services in excess of 40 visits per year.

5. Nursing home services in excess of 30 days.

6. Over-the-counter drugs.

7. Treatment of nervous or mental disorders and alcoholism or other drug abuse problems in excess of the minimum coverage required under current law.

8. Other nonmanditory services currently covered by MA.

Individuals are required to pay a monthly premium for the Wisconsin works health plan in accordance with criteria established by DILJD and based on income, resources and family size.

No individual is eligible for health care coverage under Wisconsin works in a month that the individual is eligible for employer-subsidized health care coverage. Employer-subsidized health care coverage is coverage for which the employer pays at least 50% of the cost of coverage for the employe, excluding dependent coverage.

To be eligible for health care coverage under Wisconsin works, the individual may not have had access to employer-subsidized health care coverage within the 18 months immediately preceding application for health care coverage under Wisconsin works, unless the individual lost access to the employer-subsidized health care coverage because the employer terminated the employment for a reason other than misconduct on the part of the employe or the employe terminated the employment for just cause.

Child care subsidy

Low-income and at-risk child care; current law

Under current law, a parent who needs child care for a child under 13 years of age to be able to work, who is not receiving AFDC and who is at risk of becoming eligible for AFDC, is eligible for a subsidy for child care. A parent who receives the subsidy is liable for some portion of the cost of the child care received, payable on a sliding scale determined by DHSS. A parent who receives AFDC is also eligible for a child care subsidy if the cost of the child care exceeds the income disregard for child care. Finally, a parent who is gainfully employed who needs child care services and whose family income is not more than 75% of the state's median income is eligible for a child care subsidy and, if the parent's income is at least 50% of the state's median income, is liable for a portion of the child care costs. Currently, "gainfully employed" means working, seeking employment or participating in a training or educational program designed to lead directly to paid employment.

This bill makes several changes in the low-income and at-risk child care program. Under this bill, a parent who is gainfully employed and whose income is at or below 165% of the federal poverty line is eligible for a child care subsidy. Participation in a training and educational program does not qualify as being gainfully employed. All parents who receive a subsidy are liable for a portion of the cost of the child care on a sliding scale based on income and determined by DHSS. This bill also ends the low-income and at-risk child care program when Wisconsin works is implemented statewide.

Child care subsidy; Wisconsin works

Under Wisconsin works, a custodial parent of a child who is under the age of 10 is eligible for a child care subsidy if the parent is a member of a Wisconsin works group whose income is at or below 165% of the federal poverty line and if the child care is needed for the custodial parent to attend school as required under the learnfare program, work, seek work or, under specified circumstances, attend an employment training program approved by the Wisconsin works agency.

A person who, under kinship care, is providing care and maintenance for a child under the age of 10, who needs child care services to work, seek work or attend employment training approved by the Wisconsin works agency is also eligible for a child care subsidy.

Any person who receives a child care subsidy, is liable for a portion of the cost of the child care on a sliding scale based on income and determined by DILJD.

Transportation subsidy

Under the bill, the Wisconsin works agency determines eligibility, in accordance with rules promulgated by DILJD, for subsidies for transportation costs associated with transporting a child to and from a child care provider.

Wisconsin works agency contracts

This bill allows DILJD (or, before July 1, 1996, DHSS) to contract with a person to administer Wisconsin works. DILJD must award the contract on the basis of a competitive process that is approved by the department of administration (DOA); however, if DOA finds that it is in the best interest of the state to do so, DILJD may award the contract on the basis of a noncompetitive process. If no acceptable provider in a given geographical area is selected under either process, DILJD may administer Wisconsin works directly in that geographical area, or may require the county or counties that comprise that geographical area to administer Wisconsin works for up to 12 months succeeding the statewide implementation of the program. A county, in turn, may contract with any person to administer the program without going through a competitive process. Under current law, state contractual services contracts are supervised and administered by DOA or state agencies to which DOA delegates its authority. Currently, state contractual service contracts are subject to rules of DOA governing conflicts of interest and requirements concerning evaluations of contractors, and are subject to approval by the secretary of employment relations. DOA must report annually to the governor and legislature concerning contractual services procurements. The bill allows the secretary of DOA to exempt Wisconsin works contracts from these requirements. The bill also allows the secretary of DOA to exempt these contracts from preferences for certain procurements and from certain requirements relating to solid waste, recycling and historic preservation. Under the bill, Wisconsin works contracts are, however, subject to requirements for nondiscrimination in state contracting.

Under each contract, the Wisconsin works agency is required to establish a community steering committee to facilitate training and employment opportunities for participants. The Wisconsin works agency is also required to establish a children's services network to provide information about community services available to the children in a Wisconsin works group.

Other

Kinship care

Under current law, a parent or guardian may place a child in the home of a relative without the relative having to be licensed to operate a foster home. Currently, however, a relative who is providing care and maintenance for a child may request a license to operate a foster home for the child and, if the license is granted, may receive an age-related monthly foster care rate, plus supplemental payments, for the care and maintenance of the child.

This bill requires a county department of human services or social services (county department) to make payments, as determined by DHFS, to a relative of a child, other than the child's parent or stepparent, who is providing care and maintenance for the child (kinship care) if all of the following conditions apply:

1. The relative applies for kinship care payments and the county department determines that there is a need for the child to be placed with the relative and that the placement with the relative benefits the child.

2. The county department determines that the child meets one or more of the criteria under which a court assigned to exercise jurisdiction under the children's code (juvenile court) may exercise jurisdiction over a child in need of protection or services or that the child would be at risk of meeting one or more of those criteria if the child were to remain in his or her home.

3. The county department determines, through an assessment, that the child will be safe in the relative's home.

4. The county department conducts a background investigation of the relative and any other adult residing in the relative's home to determine if the relative or other adult has any arrests or convictions that could adversely affect the child or the relative's ability to care for the child.

5. The relative cooperates with the county department in the application process, including applying for other forms of assistance for which the relative may be eligible.

If a county department makes kinship care payments to a relative of a child, the county department must refer to the attorney responsible for child support enforcement the name of the child's parent or parents and require the parent or parents to initiate or continue health care insurance coverage for the child or, if the parent or parents are unable to do so, require the kinship care relative to initiate or continue that coverage. Under the bill, a relative who is receiving kinship care payments may not also receive foster care payments.

Under current law, if the court assigned to exercise jurisdiction under the children's code (juvenile court) terminates the parental rights of both of a child's parents or of a child's only living parent, the juvenile court may transfer guardianship and custody of the child pending adoptive placement to a relative of the child with whom the child resides, if the relative has filed a petition to adopt the child, or, if the juvenile court finds that it is unlikely that the child will be adopted or that adoption is not in the best interests of the child, the juvenile court may place the child under sustaining care in the home of a foster parent or treatment foster parent. This bill permits a juvenile court to place a child in the home of a kinship care relative pending adoption or to place a child under sustaining care in the home of a kinship relative.

Appropriations

This bill consolidates the state general purpose revenue appropriations for public assistance and local aids. Under the new appropriation, DILJD (or, before July 1, 1996, DHSS) must allocate specified amounts for specified purposes, such as income maintenance payments and low-income and at-risk child care subsidies. The department is permitted to use up to 30% of the money allocated for any one purpose under the appropriation for any other purpose under the appropriation.

Job opportunities and basic skills program

Under current law, certain recipients of AFDC are required to participate in the job opportunities and basic skills program (JOBS). JOBS has several components including work supplementation, in which participation is voluntary, and postsecondary education and vocational skills training. This bill makes participation in work supplementation mandatory. In addition, the bill eliminates postsecondary education and vocational skills training from the components of JOBS.

Currently, the department may require an eligible adult caretaker of a child who is at least one year old to participate full-time in JOBS. This bill requires DHSS to request a waiver to require an eligible adult caretaker of a child who is at least 12 weeks old to participate in JOBS full-time.

The community work experience program (CWEP) is a component of JOBS. Currently, no person may be required to work more than 32 hours per week in CWEP. With certain exceptions, no person may be required to work more than 16 weeks in CWEP in a 12-month period. This bill requires DHSS to seek a waiver to require persons to participate in CWEP up to 40 hours per week and up to 6 months in a 12-month period.

Food stamps

This bill permits DILJD to contract with a Wisconsin works agency to administer the food stamp program for recipients who are Wisconsin works employment position participants and for recipients who are eligible to participate in a Wisconsin works employment position, but do not participate. This bill allows DILJD, to the extent permitted by waiver or federal law, to require all able-bodied food stamp recipients aged 18 to 64, who are eligible to participate in a Wisconsin works employment position to participate in a Wisconsin works employment position instead of the food stamp employment and training program. The bill also allows the DILJD, to the extent permitted by federal law or waiver, to provide food stamps to recipients who are required to work on the basis of the number of hours worked. The number of hours that a recipient would be required to work would be determined by dividing the amount of food stamps received by the federal minimum wage. Every hour that the recipient failed to work would result in a reduction in food stamps in an amount equal to the federal minimum wage.

Tax

This bill will be referred to the joint survey committee on tax exemptions for a detailed analysis, which will be printed as an appendix to this bill.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB359, s. 1 Section 1. 13.101 (6) (a) of the statutes is amended to read:

SB359,13,2 13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, the university of Wisconsin system or to any other state agency or activity by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (bm), (cg) and (cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax) and (6) (aq) and (ar), 20.435 (4) (a), (d) (dz) and (e), (6) (a) and (7) (da) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.

SB359, s. 2 Section 2. 13.101 (6) (a) of the statutes, as affected by 1995 Wisconsin Acts 27 and .... (this act), is repealed and recreated to read:

SB359,13,23 13.101 (6) (a) As an emergency measure necessitated by decreased state revenues and to prevent the necessity for a state tax on general property, the committee may reduce any appropriation made to any board, commission, department, the university of Wisconsin system or to any other state agency or activity by such amount as it deems feasible, not exceeding 25% of the appropriations, except appropriations made by ss. 20.255 (2) (ac), (bc), (bh), (bm), (cg) and (cr), 20.395 (1), (2) (cq), (eq) to (ex) and (gq) to (gx), (3), (4) (aq) to (ax) and (6) (aq) and (ar), 20.435 (1) (c), (6) (a) and (7) (da) and 20.445 (3) (a) and (dz) or for forestry purposes under s. 20.370 (1), or any other moneys distributed to any county, city, village, town or school district. Appropriations of receipts and of a sum sufficient shall for the purposes of this section be regarded as equivalent to the amounts expended under such appropriations in the prior fiscal year which ended June 30. All functions of said state agencies shall be continued in an efficient manner, but because of the uncertainties of the existing situation no public funds should be expended or obligations incurred unless there shall be adequate revenues to meet the expenditures therefor. For such reason the committee may make reductions of such appropriations as in its judgment will secure sound financial operations of the administration for said state agencies and at the same time interfere least with their services and activities.

SB359, s. 3 Section 3. 16.39 (4) (bm) of the statutes is created to read:

SB359,14,2 16.39 (4) (bm) A Wisconsin works group, as defined in s. 49.141 (1) (s), in which one member is a participant under s. 49.147 (3) to (5).

SB359, s. 4 Section 4. 16.75 (6) (bm) of the statutes is created to read:

SB359,14,11 16.75 (6) (bm) If the secretary determines that it is in the best interest of this state to do so, he or she may waive any requirement under subs. (1) to (5) with respect to any contract entered into by the department of industry, labor and job development under s. 49.143, if the department of industry, labor and job development presents the secretary with a process for the procurement of contracts under s. 49.143 and the secretary approves the process. The department of administration or its designated agent need not publish a class 2 notice under ch. 985 of its intent to award such a contract.

SB359, s. 5 Section 5. 16.75 (6) (bs) of the statutes is created to read:

SB359,14,14 16.75 (6) (bs) Subsections (1) to (5) do not apply to contracts entered into by a county under s. 49.143 (1) (b).

SB359, s. 6 Section 6. 16.841 (1) of the statutes is renumbered 16.841 (1) (intro.) and amended to read:

SB359,14,17 16.841 (1) (intro.) In this section, "agency":

SB359,14,18 (a) "Agency" has the meaning given in s. 16.70 (1).

SB359, s. 7 Section 7. 16.841 (1) (b) of the statutes is created to read:

SB359,14,21 16.841 (1) (b) "Child care provider" means a provider licensed under s. 48.65, certified under s. 48.651 or established or contracted for under s. 120.13 (14).

SB359, s. 8 Section 8. 16.841 (2) of the statutes is amended to read:

SB359,15,2 16.841 (2) The department shall contract with one or more child care providers, as defined in s. 46.98 (1) (am), to supplement the cost of providing suitable space for child care services to be offered to the children of employes of agencies whose work stations are located in an area designated by the department comprising the central portion of the city of Madison.

SB359, s. 9 Section 9. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB359, s. 10 Section 10. 20.435 (1) (b) of the statutes, as affected by 1995 Wisconsin Act 27, section 808, is amended to read:

SB359,15,17 20.435 (1) (b) Medical assistance program benefits. Biennially, the amounts in the schedule to provide the state share of medical assistance program benefits administered under s. 49.45, to provide medical assistance program benefits administered under s. 49.45 that are not also provided under par. (o), to provide health care coverage under s. 49.153 and to fund the pilot project under s. 46.27 (9) and (10). Notwithstanding s. 20.002 (1), the department may transfer from this appropriation to the appropriation under sub. (3) (kb) funds in the amount of and for the purposes specified in s. 46.485. Notwithstanding ss. 20.001 (3) (b) and 20.002 (1), the department may credit or deposit into this appropriation and may transfer between fiscal years funds that it transfers from the appropriation under sub. (3) (kb) for the purposes specified in s. 46.485 (3r).

SB359, s. 11 Section 11. 20.435 (1) (bm) of the statutes is amended to read:

SB359,16,9 20.435 (1) (bm) Medical assistance administration. Biennially, the amounts in the schedule to provide the state share of administrative contract costs for the medical assistance program under s. 49.45 and health care coverage under s. 49.153 and to reimburse insurers for their costs under s. 49.475. No state positions may be funded in the department of health and social services from this appropriation, except positions for the performance of duties under a contract in effect before January 1, 1987, related to the administration of the medical assistance program between the subunit of the department primarily responsible for administering the medical assistance program and another subunit of the department.

SB359, s. 12 Section 12. 20.435 (1) (o) of the statutes is amended to read:

SB359,16,13 20.435 (1) (o) Federal aid; medical assistance. All federal moneys received for meeting costs of medical assistance administered under s. 49.45 and for meeting the costs of health care coverage under s. 49.153.

SB359, s. 13 Section 13. 20.435 (4) (cn) of the statutes is repealed.

SB359, s. 14 Section 14. 20.435 (4) (d) of the statutes, as affected by 1995 Wisconsin Act 27, section 848, is repealed.

SB359, s. 15 Section 15. 20.435 (4) (dc) of the statutes is repealed.

SB359, s. 16 Section 16. 20.435 (4) (de) of the statutes is repealed.

SB359, s. 17 Section 17. 20.435 (4) (df) of the statutes, as affected by 1995 Wisconsin Act 27, section 853, is repealed.

SB359, s. 18 Section 18. 20.435 (4) (dg) of the statutes is repealed.

SB359, s. 19 Section 19. 20.435 (4) (dz) of the statutes is created to read:

SB359,17,21 20.435 (4) (dz) Public assistance and local assistance aids. Biennially, the amounts in the schedule to be allocated under s. 49.181 for paying child care costs of individuals who secure unsubsidized employment and lose eligibility for aid to families with dependent children as provided under s. 49.50 (6g); for child care and related transportation costs under s. 49.50 (7) (e); for child care costs under ss. 46.98 (2m) and (3), 49.193 (8) and 49.50 (6e) and, with the approval of the department, child care costs under s. 49.50 (6k) (b); for county administered public assistance benefits under s. 49.52; for payment distribution under s. 49.52 (1) for county administration of public assistance benefits and medical assistance eligibility determination and payments to American Indian tribes for administration of public assistance programs; for the cost of foster care and treatment foster care provided by nonlegally responsible relatives under state or county administered programs, if the relatives are licensed to operate foster homes or treatment foster homes under s. 48.62; for emergency assistance for families with needy children under s. 49.19 (11) (b); for funeral expenses under 49.30; for the learnfare program under s. 49.50 (7) and for case management services for learnfare pupils under s. 46.62; for the job opportunities and basic skills program under s. 49.193; for the work experience and job training program under s. 46.253; for the food stamp employment and training project under s. 49.124; for aid to 18-year-old students under s. 49.20; for the parental responsibility pilot program under s. 49.25; and for the work-not-welfare pilot program under s. 49.27. Moneys appropriated under this paragraph may be used to match federal funds received under par. (ps). Payments may be made from this appropriation to counties for fraud investigation and error reduction under s. 49.197 (1m) and (4).

SB359, s. 20 Section 20. 20.435 (4) (dz) of the statutes, as created by 1995 Wisconsin Act .... (this act), is renumbered 20.445 (3) (dz) and amended to read:

SB359,19,2 20.445 (3) (dz) Public assistance and local assistance aids. Biennially, the amounts in the schedule to be allocated under s. 49.181 for paying child care costs of individuals who secure unsubsidized employment and lose eligibility for aid to families with dependent children as provided under s. 49.50 (6g) 49.191 (2); for child care and related transportation costs under s. 49.50 (7) (e) ss. 49.155, 49.157 and 49.26 (1) (e); for child care costs under ss. 46.98 (2m) and (3), 49.191 (1) and 49.193 (8) and 49.50 (6e) and, with the approval of the department, child care costs under s. 49.50 (6k) (b) 49.191 (3) (b); for county administered public assistance benefits under s. 49.52 49.33; for payment distribution under s. 49.52 (1) 49.33 for county administration of public assistance benefits and medical assistance eligibility determination and payments to American Indian tribes for administration of public assistance programs; for payments to Wisconsin works agencies for the Wisconsin works program under ss. 49.147 to 49.151 and 49.155 to 49.161 and for Wisconsin works health coverage eligibility determination under s. 49.153 (3); for the cost of foster care and treatment foster care provided by nonlegally responsible relatives under state or county administered programs, if the relatives are licensed to operate foster homes or treatment foster homes under s. 48.62, or for the cost of kinship care under s. 48.57 (3m); for emergency assistance for families with needy children under s. 49.19 (11) (b); for funeral expenses under 49.30; for the learnfare program under s. 49.50 (7) 49.26 (1) and for case management services for learnfare pupils under s. 46.62 49.26 (2); for the job opportunities and basic skills program under s. 49.193; for the work experience and job training program under s. 46.253 49.36; for the food stamp employment and training project under s. 49.124; for aid to 18-year-old students under s. 49.20; for the parental responsibility pilot program under s. 49.25; and for the work-not-welfare pilot program under s. 49.27. Moneys appropriated under this paragraph may be used to match federal funds received under par. (ps). Payments may be made from this appropriation to counties and Wisconsin works agencies for fraud investigation and error reduction under s. 49.197 (1m) and (4).

SB359, s. 21 Section 21. 20.445 (3) (jm) of the statutes is created to read:

SB359,19,6 20.445 (3) (jm) Wisconsin works fees. All moneys received from fees and other payments under ss. 49.141 to 49.161 for the purposes of the Wisconsin works program.

SB359, s. 22 Section 22. 46.032 of the statutes is amended to read:

SB359,19,17 46.032 Income maintenance administration. County departments under ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department detailing the reasonable cost of administering the income maintenance programs under ss. 49.046, 49.19, 49.45 to 49.47 and 49.50 (7) and the food stamp program under 7 USC 2011 to 2029 when so appointed by the department. Contracts created under this section control the distribution of payments under s. 20.435 (4) (de) (dz) and (nL) in accordance with the reimbursement method established under s. 49.52 (1) (ad). The department may reduce its payment to any county under s. 20.435 (4) (de) (dz) and (nL) if federal reimbursement is withheld due to audits, quality control samples or program reviews.

SB359, s. 23 Section 23. 46.032 of the statutes, as affected by 1995 Wisconsin Acts 27, section 2042, and .... (this act), is repealed and recreated to read:

SB359,20,4 46.032 Income maintenance administration. County departments under ss. 46.215, 46.22 and 46.23 shall annually enter into a contract with the department detailing the reasonable cost of administering the income maintenance programs under ss. 49.19, 49.45 to 49.47 and 49.50 (7) and the food stamp program under 7 USC 2011 to 2029 when so appointed by the department. Contracts created under this section control the distribution of payments under s. 20.435 (4) (dz) and (nL) in accordance with the reimbursement method established under s. 49.52 (1) (ad). The department may reduce its payment to any county under s. 20.435 (4) (dz) and (nL) if federal reimbursement is withheld due to audits, quality control samples or program reviews.

SB359, s. 24 Section 24. 46.215 (1) (k) of the statutes is amended to read:

SB359,20,10 46.215 (1) (k) To certify eligibility for and issue food coupons to needy households in conformity with the federal food stamp act of 1964 as amended, if the county accepts a contract to do so, and, in addition, the county department of social services may certify eligibility for and distribute surplus commodities and food stuffs.

SB359, s. 25 Section 25. 46.22 (1) (b) 2. a. of the statutes, as created by 1995 Wisconsin Act 27, is amended to read: