1997 Wisconsin Act 27

27,3414 Section 3414 . 252.16 (1) (d) of the statutes is created to read:

252.16 (1) (d) “Medicare" has the meaning given in s. 49.498 (1) (f).

27,3415 Section 3415 . 252.16 (2) of the statutes is amended to read:

252.16 (2) Subsidy program. From the appropriation under s. 20.435 (1) (5) (am), the department shall distribute funding in each fiscal year to subsidize the premium costs under s. 252.17 (2) and, under this subsection, the premium costs for continuation health insurance coverage available to an individual who has HIV infection and who is unable to continue his or her employment or must reduce his or her hours because of an illness or medical condition arising from or related to HIV infection.

27,3416 Section 3416 . 252.16 (3) (b) of the statutes is amended to read:

252.16 (3) (b) Has a family income, as defined by rule under sub. (6), that does not exceed 200% 300% of the federal poverty line, as defined under 42 USC 9902 (2), for a family the size of the individual's family.

27,3417 Section 3417 . 252.16 (3) (d) of the statutes is repealed.

27,3418 Section 3418 . 252.16 (3) (dm) of the statutes is created to read:

252.16 (3) (dm) Has, or is eligible for, health insurance coverage under a group health plan or an individual health policy.

27,3419 Section 3419 . 252.16 (3) (e) 1. of the statutes is amended to read:

252.16 (3) (e) 1. Contact the individual's employer or former employer or the administrator of the group health plan under which the individual is covered, health insurer to verify the individual's eligibility for continuation coverage under the group health plan or individual health policy and the premium and any other conditions of coverage, to make premium payments as provided in sub. (4) and for other purposes related to the administration of this section.

27,3420 Section 3420 . 252.16 (3) (e) 1m. of the statutes is created to read:

252.16 (3) (e) 1m. Contact the individual's employer or former employer to verify that the individual's employment has been terminated or that his or her hours have been reduced and for other purposes related to the administration of this section.

27,3421 Section 3421 . 252.16 (3) (e) 2. of the statutes is amended to read:

252.16 (3) (e) 2. Make any necessary disclosure to the individual's employer or former employer or the administrator of the group health plan under which the individual is covered health insurer regarding the individual's HIV status.

27,3422 Section 3422 . 252.16 (3) (f) of the statutes is repealed.

27,3423 Section 3423 . 252.16 (3) (g) of the statutes is repealed.

27,3424 Section 3424 . 252.16 (3) (h) of the statutes is repealed.

27,3425 Section 3425 . 252.16 (4) (a) of the statutes is amended to read:

252.16 (4) (a) Except as provided in pars. (b) and (c) (d), if an individual satisfies sub. (3), the department shall pay the full amount of each premium payment for continuation coverage that is due from the individual under s. 632.897 (2) (d), 29 USC 1162 (3) or 42 USC 300bb-2 (3), whichever is applicable the individual's health insurance coverage under the group health plan or individual health policy under sub. (3) (dm), on or after the date on which the individual becomes eligible for a subsidy under sub. (3). The Except as provided in pars. (b) and (d), the department may not refuse to shall pay the full amount of each premium payment because the continuation coverage that is available to the individual who satisfies sub. (3) regardless of whether the individual's health insurance coverage under sub. (3) (dm) includes coverage of the individual's spouse and dependents. Except as provided in par. (b), the department shall terminate the payments under this section when the individual's continuation health insurance coverage ceases, or when the individual no longer satisfies sub. (3) or upon the expiration of 29 months after the continuation coverage began, whichever occurs first. The department may not make payments under this section for premiums for a conversion policy or plan that is available to an individual under s. 632.897 (4) or (6), 29 USC 1162 (5) or 42 USC 300bb-2 (5) medicare.

27,3426 Section 3426 . 252.16 (4) (b) of the statutes is amended to read:

252.16 (4) (b) The obligation of the department to make payments under this section is subject to the availability of funds in the appropriation under s. 20.435 (1) (5) (am).

27,3427 Section 3427 . 252.16 (4) (c) of the statutes is repealed.

27,3428 Section 3428 . 252.16 (4) (d) of the statutes is created to read:

252.16 (4) (d) For an individual who satisfies sub. (3) and who has a family income, as defined by rule under sub. (6) (a), that exceeds 200% but does not exceed 300% of the federal poverty line, as defined under 42 USC 9902 (2), for a family the size of the individual's family, the department shall pay a portion of the amount of each premium payment for the individual's health insurance coverage. The portion that the department pays shall be determined according to a schedule established by the department by rule under sub. (6) (c). The department shall pay the portion of the premium determined according to the schedule regardless of whether the individual's health insurance coverage under sub. (3) (dm) includes coverage of the individual's dependents.

27,3429 Section 3429 . 252.16 (5) of the statutes is amended to read:

252.16 (5) Application process. The department may establish, by rule, a procedure under which an individual who does not satisfy sub. (3) (b), (c) 2. or (d) (dm) may submit to the department an application for a premium subsidy under this section that the department shall hold until the individual satisfies each requirement of sub. (3), if the department determines that the procedure will assist the department to make premium payments in a timely manner once the individual satisfies each requirement of sub. (3). If an application is submitted by an employed individual under a procedure established by rule under this subsection, the department may not contact the individual's employer or the administrator of the group health plan under which the individual is covered, health insurer unless the individual authorizes the department, in writing, to make that contact and to make any necessary disclosure to the individual's employer or the administrator of the group health plan under which the individual is covered health insurer regarding the individual's HIV status.

27,3430 Section 3430 . 252.16 (6) (b) of the statutes is amended to read:

252.16 (6) (b) Establish a procedure for making payments under this section that ensures that the payments are actually used to pay premiums for continuation health insurance coverage available to individuals who satisfy sub. (3).

27,3431 Section 3431 . 252.16 (6) (c) of the statutes is created to read:

252.16 (6) (c) Establish a premium contribution schedule for individuals who have a family income, as defined by rule under par. (a), that exceeds 200% but does not exceed 300% of the federal poverty line, as defined under 42 USC 9902 (2), for a family the size of the individual's family. In establishing the schedule under this paragraph, the department shall take into consideration both income level and family size.

27,3432 Section 3432 . 252.17 (2) of the statutes is amended to read:

252.17 (2) Subsidy program. The department shall establish and administer a program to subsidize, from the appropriation under s. 20.435 (1) (5) (am), as provided in s. 252.16 (2), the premium costs for coverage under a group health plan that are paid by an individual who has HIV infection and who is on unpaid medical leave from his or her employment because of an illness or medical condition arising from or related to HIV infection.

27,3433 Section 3433 . 252.17 (4) (b) of the statutes is amended to read:

252.17 (4) (b) The obligation of the department to make payments under this section is subject to the availability of funds in the appropriation under s. 20.435 (1) (5) (am).

27,3436f Section 3436f. 253.02 (2) (a) of the statutes is amended to read:

253.02 (2) (a) Reproductive health services, including health services prior to conception and family planning services, as defined in s. 253.07 (1) (b).

27,3437hi Section 3437hi. 253.02 (2m) of the statutes is renumbered 253.02 (2m) (intro.) and amended to read:

253.02 (2m) (intro.) Nothing in this section authorizes the performance, promotion or, encouragement of or counseling in favor of, or referral either directly or through an intermediary for, voluntary termination of pregnancy. Nothing in this section prohibits the providing of nondirective information explaining any of the following:

27,3437hj Section 3437hj. 253.02 (2m) (a) to (c) of the statutes are created to read:

253.02 (2m) (a) Prenatal care and delivery.

(b) Infant care, foster care or adoption.

(c) Pregnancy termination.

27,3438 Section 3438 . 253.06 of the statutes is renumbered 253.06 (2) and amended to read:

253.06 (2) From the appropriation under s. 20.435 (1) (5) (em), the department shall supplement the provision of supplemental foods, nutrition education and other services, including nutritional counseling, to low-income women, infants and children who meet the eligibility criteria under the federal special supplemental food program for women, infants and children authorized under 42 USC 1786. To the extent that funds are available under this section and to the extent that funds are available under 42 USC 1786, the department shall provide the supplemental food, nutrition education and other services authorized under this section and shall administer that provision in every county. The department may enter into contracts for this purpose.

27,3439 Section 3439 . 253.06 (1) of the statutes is created to read:

253.06 (1) Definitions. In this section:

(a) “Authorized food" means food identified by the department in accordance with 7 CFR 246.10 as acceptable for use under the federal special supplemental food program for women, infants and children under 42 USC 1786.

(b) “Authorized vendor" means a vendor that has been authorized by the department to accept drafts from participants and have the drafts redeemed by the department.

(c) “Draft" means the negotiable instrument distributed by the department for use by a participant to purchase authorized food.

(cm) “Food distribution center" means an entity, other than a vendor, that is under contract with the department under sub. (3m) to distribute authorized food to participants.

(d) “Participant" means a person who is eligible for services under this section and who receives services under this section.

(dm) “Proxy" means a person who has been designated in writing by a participant or by the department to obtain and exchange drafts for authorized food on behalf of the participant.

(e) “Vendor" means a grocery store or pharmacy that sells authorized food.

(f) “Vendor stamp" means a rubber stamp provided to a vendor or food distribution center by the department for the purpose of validating drafts.

27,3440 Section 3440 . 253.06 (2) (title) of the statutes is created to read:

253.06 (2) (title) Use of funds.

27,3441 Section 3441 . 253.06 (3) of the statutes is created to read:

253.06 (3) Authorization of vendors. (a) The department may authorize a vendor to accept drafts only if the vendor meets all of the following conditions:

1. The vendor submits to the department a completed application.

2. The vendor meets the minimum requirements for authorization, as established by the department by rule under sub. (5) (a) 1.

3. The vendor does not have any outstanding fines, forfeitures, recoupment assessments or enforcement assessments that were levied against that vendor for a violation of this section or for a violation of rules promulgated under this section. This subdivision does not apply if the vendor has contested the fine, forfeiture, recoupment assessment or enforcement assessment and has not exhausted administrative or judicial review.

4. The vendor is fit and qualified, as determined by the department. In determining whether a vendor is fit and qualified, the department shall consider any relevant conviction of the vendor or any of the vendor's employes for civil or criminal violations substantially related to the operation of a grocery store or pharmacy.

(bg) The department may limit the number of vendors that it authorizes under this subsection if the department determines that the number of vendors already authorized under this subsection is sufficient to permit participants to obtain authorized food conveniently.

(bm) The department shall approve or deny initial authorization within 90 days after the receipt of a completed application. If the application is denied, the department shall give the applicant reasons, in writing, for the denial and shall inform the applicant of the right to appeal that decision under sub. (6).

(c) The department may not redeem drafts submitted by a person who is not an authorized vendor except as provided in sub. (3m).

27,3442 Section 3442 . 253.06 (3m) of the statutes is created to read:

253.06 (3m) Food distribution centers. (a) The department may contract for an alternative system of authorized food distribution with an entity other than a vendor only if the entity meets all of the following requirements:

1. The entity meets the minimum requirements established by the department by rule under sub. (5) (a) 1.

2. The entity does not have any outstanding fines, forfeitures, recoupment assessments or enforcement assessments that were levied against that entity for a violation of this section or for a violation of rules promulgated under this section. This subdivision does not apply if the entity has contested the fine, forfeiture, recoupment assessment or enforcement assessment and has not exhausted administrative or judicial review.

3. The entity is fit and qualified, as determined by the department.

(b) The department shall redeem valid drafts submitted by a food distribution center.

27,3443 Section 3443 . 253.06 (4) of the statutes is created to read:

253.06 (4) Prohibited practices. (a) No person may do any of the following:

1. Accept drafts or submit drafts to the department for redemption without authorization.

2. Provide cash or commodities, other than authorized food, in exchange for drafts or in exchange for authorized food purchased with a draft.

3. Accept a draft other than in exchange for authorized food that is provided by the person.

3m. Provide authorized food or other commodities to a participant or proxy in exchange for a draft accepted by a 3rd party.

4. Enter on a draft a dollar amount that is higher than the actual retail price of the item for which the draft was used.

5. Require a participant or proxy to sign a draft before entering the dollar amount on the draft in permanent ink.

6. Accept a draft except during the period specified on the draft.

7. Provide materially false information to the department or fail to provide in a timely manner material information that the department requests.

8. Duplicate a vendor stamp or use a stamp other than a vendor stamp for any purpose for which a vendor stamp is required.

9. Submit for redemption a draft to someone other than the department.

10. Accept a draft from someone other than a participant or proxy, except that the department shall accept for redemption valid drafts from vendors and food distribution centers.

(b) A person who violates any provision of this subsection may be fined not more than $10,000 or imprisoned for not more than 2 years, or both, for the first offense and may be fined not more than $10,000 or imprisoned for not more than 5 years, or both, for the 2nd or subsequent offense.

(c) 1. Whenever a court imposes a fine, forfeiture or recoupment for a violation of this subsection or imposes a forfeiture or recoupment for a violation of rules promulgated under sub. (5), the court shall also impose an enforcement assessment in an amount of 50% of the fine, forfeiture or recoupment imposed. If multiple offenses are involved, the court shall base the enforcement assessment upon the total fine, forfeiture and recoupment amounts for all offenses. When a fine, forfeiture or recoupment is suspended in whole or in part, the court shall reduce the enforcement assessment in proportion to the suspension.

2. If a fine or forfeiture is imposed by a court of record, after a determination by the court of the amount due, the clerk of the court shall collect and transmit such amount to the county treasurer as provided in s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer as provided in s. 59.25 (3) (f) 2.

27,3444 Section 3444. 253.06 (5) of the statutes is created to read: