AB100: Bill Text

AB100,800,10 49.151 (1) (c) Voluntarily The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under s. 49.15 (2), voluntarily leaves appropriate employment or training without good cause, as determined by the Wisconsin works agency.

AB100, s. 1826 Section 1826. 49.151 (1) (d) of the statutes is amended to read:

AB100,800,14 49.151 (1) (d) Loses The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under s. 49.15 (2), loses employment as a result of being discharged for cause.

AB100, s. 1827 Section 1827. 49.151 (1) (e) of the statutes is amended to read:

AB100,800,20 49.151 (1) (e) Demonstrates The participant, or an individual who is in the participant's Wisconsin works group and who is subject to the work requirement under s. 49.15 (2), demonstrates through other behavior or action, as specified by the department by rule, that he or she refuses to participate in a Wisconsin works employment position.

AB100, s. 1828 Section 1828. 49.152 (1) of the statutes is amended to read:

AB100,801,5 49.152 (1) Petition for review. Any individual whose application for any component of Wisconsin works under s. 49.147 (1) to (5) is not acted upon by the Wisconsin works agency with reasonable promptness after the filing of the application, as defined by the department by rule, or is denied in whole or in part, whose benefit is modified or canceled, or who believes that the benefit was calculated incorrectly or that the employment position in which the individual was placed is inappropriate, may petition the Wisconsin works agency for a review of such action. Review is unavailable if the action by the Wisconsin works agency occurred more than 45 days prior to submission of the petition for review.

AB100, s. 1829 Section 1829. 49.152 (2) (a) (intro.) of the statutes is amended to read:

AB100,801,13 49.152 (2) (a) (intro.) Upon a timely petition under sub. (1), the Wisconsin works agency shall give the applicant or participant reasonable notice and opportunity for a review. The Wisconsin works agency shall render its decision as soon as possible after the review and shall send by 1st class mail a certified copy of its decision to the last-known address of the applicant or participant. The Wisconsin works agency shall deny a petition for a review or shall refuse to grant relief if the petitioner does any of the following:

AB100, s. 1830 Section 1830. 49.152 (2) (b) 1. of the statutes is amended to read:

AB100,801,17 49.152 (2) (b) 1. Within 15 14 days of receiving after the date on which the certified copy of the decision of the Wisconsin works agency is mailed, the applicant or participant petitions the department for a review of that decision.

AB100, s. 1831 Section 1831. 49.152 (2) (c) 1. of the statutes is amended to read:

AB100,801,21 49.152 (2) (c) 1. Within 15 14 days after receiving the date on which the certified copy of the decision of the Wisconsin works agency is mailed, the applicant petitions the department for a review of the decision.

AB100, s. 1832 Section 1832. 49.152 (3) of the statutes is created to read:

AB100,802,7 49.152 (3) Remedies. (a) If, following review under sub. (2), the Wisconsin works agency or the department determines that an individual, whose application for a Wisconsin works employment position was denied based on eligibility, was in fact eligible, or that the individual was placed in an inappropriate Wisconsin works employment position, the Wisconsin works agency shall place the individual in the first available Wisconsin works employment position that is appropriate for that individual, as determined by the Wisconsin works agency or the department. An individual who is placed in a Wisconsin works employment position under this paragraph is eligible for the benefit for that position under s. 49.148 beginning on the date on which the individual begins participation under s. 49.147.

AB100,802,13 (b) If, following review under sub. (2), the Wisconsin works agency or the department determines that a participant's benefit was improperly modified or canceled, or was calculated incorrectly, the Wisconsin works agency shall restore the benefit to the level determined to be appropriate by the Wisconsin works agency or by the department retroactive to the date on which the benefit was first improperly modified or canceled or incorrectly calculated.

AB100, s. 1833 Section 1833. 49.153 (1m) of the statutes is created to read:

AB100,803,2 49.153 (1m) Waiver. (a) If necessary, the department of health and family services shall request a waiver from the secretary of the federal department of health and human services or shall seek the passage of federal legislation to permit the application of this section as part of the medical assistance program under 42 USC 1396 to 1396u. If a waiver is granted or federal legislation is enacted, the department of health and family services shall publish a notice in the Wisconsin Administrative Register indicating the date on which this section will first be implemented. If a waiver is granted and in effect or federal legislation is enacted, the department of health and family services, in consultation with the department of industry, labor and job development, shall implement this section beginning no later than the first day of the 3rd month beginning after the waiver is granted or the federal legislation is enacted.

AB100,803,7 (b) Notwithstanding subch. IV, if a waiver under par. (a) is granted and in effect or federal legislation is enacted, beginning on the date stated in the notice under par. (a), the department of health and family services may terminate the eligibility for medical assistance under subch. IV of persons who are eligible to participate in the health plan under this section.

AB100, s. 1834 Section 1834. 49.153 (3g) (a) 1. of the statutes is amended to read:

AB100,803,10 49.153 (3g) (a) 1. The individual meets the criteria under s. 49.145 (2) (c), (f), (g), (i), (L) and, (m) and (s) and resides in this state.

AB100, s. 1835 Section 1835. 49.153 (4) (b) 1u. of the statutes is created to read:

AB100,803,15 49.153 (4) (b) 1u. The Wisconsin works health plan may cover an over-the-counter drug if the department of health and family services determines that the over-the-counter drug is more cost-effective than the prescription drug equivalent.

AB100, s. 1836 Section 1836. 49.153 (4) (b) 2. c. of the statutes is amended to read:

AB100,803,18 49.153 (4) (b) 2. c. Over-the-counter Except as provided in subd. 1u., over-the-counter drugs.

AB100, s. 1837 Section 1837. 49.153 (4) (c) of the statutes is amended to read:

AB100,803,24 49.153 (4) (c) Distribution of payments. From the appropriations under s. 20.435 (1) (5) (b) and (o), the department of health and family services shall make payments to a health maintenance organization or other health care provider with which the department of health and family services has contracted under par. (a) in accordance with a payment schedule established by contract.

AB100, s. 1838 Section 1838. 49.155 (1) (a) of the statutes is renumbered 49.155 (1) (am).

AB100, s. 1839 Section 1839. 49.155 (1) (c) of the statutes is created to read:

AB100,804,4 49.155 (1) (c) Notwithstanding s. 49.141 (1) (j), "parent" means a custodial parent, guardian, foster parent, treatment foster parent, legal custodian or a person acting in the place of a parent.

AB100, s. 1840 Section 1840. 49.155 (1d) of the statutes is created to read:

AB100,804,10 49.155 (1d) Child care certification rules. (a) The department shall promulgate rules establishing standards for the certification of child care providers under s. 48.651. In establishing the requirements for certification as a level II certified family day care provider, the department may not include a requirement for training for providers.

AB100,804,19 (b) The department shall promulgate rules to establish quality of care standards for child care providers that are higher than the quality of care standards required for licensure under s. 48.65 or for certification under s. 48.651. The standards established by rules promulgated under this paragraph shall consist of the standards provided for the accreditation of day care centers by the national association for the education of young children or any other comparable standards that the department may establish, including standards regarding the turnover of child care provider staff and the training and benefits provided for child care provider staff.

AB100, s. 1841 Section 1841. 49.155 (1g) (title) of the statutes is created to read:

AB100,804,21 49.155 (1g) (title) Distribution of funds.

AB100, s. 1842 Section 1842. 49.155 (1j) (title) of the statutes is created to read:

AB100,804,23 49.155 (1j) (title) Unanticipated federal funds.

AB100, s. 1843 Section 1843. 49.155 (1m) (a) (intro.) of the statutes is amended to read:

AB100,805,4 49.155 (1m) (a) (intro.) The individual is a custodial parent of a child who is under the age of 13, or is a person who, under s. 48.57 (3m), is providing care and maintenance for a child who is under the age of 13, and child care services for that child are needed in order for the individual to do any of the following:

AB100, s. 1844 Section 1844. 49.155 (1m) (a) 1m. of the statutes is created to read:

AB100,805,13 49.155 (1m) (a) 1m. If the individual is a minor, but is not subject to the school attendance requirement under s. 49.26 (1) (ge) and the individual resides with his or her custodial parent or with a kinship care relative under s. 48.57 (3m) or is in a foster home or treatment foster home licensed under s. 48.62, a group home or an independent living arrangement supervised by an adult, obtain a high school diploma or participate in a course of study meeting the standards established by the state superintendent of public instruction for the granting of a declaration of equivalency of high school graduation.

AB100, s. 1845 Section 1845. 49.155 (1m) (a) 3. of the statutes is amended to read:

AB100,805,17 49.155 (1m) (a) 3. Work in a Wisconsin works employment position, including participation in job search, orientation and training activities under s. 49.147 (2) (a) and in education or training activities under s. 49.147 (3) (am), (4) (am) or (5) (bm).

AB100, s. 1846 Section 1846. 49.155 (1m) (a) 4. (intro.) of the statutes is amended to read:

AB100,806,3 49.155 (1m) (a) 4. (intro.) Participate in other employment skills training, including an English as a 2nd language course, if the Wisconsin works agency determines that the course would facilitate the individual's efforts to obtain employment; a course of study meeting the standards established by the secretary of education state superintendent of public instruction under s. 115.29 (4) for the granting of a declaration of equivalency of high school graduation; a course of study at a technical college; or participation in educational courses that provide an employment skill, as determined by the department. An individual may receive aid under this subdivision for up to one year. An individual may not receive aid under this subdivision unless the individual meets at least one of the following conditions:

AB100, s. 1847 Section 1847. 49.155 (1m) (b) of the statutes is renumbered 49.155 (1m) (b) (intro.) and amended to read:

AB100,806,7 49.155 (1m) (b) (intro.) The individual meets the eligibility conditions criteria under s. all of the following:

AB100,806,8 1. Section 49.145 (2) (c) to, (f) and (g) and.

AB100,806,11 3. Section 49.145 (3) (a), except that an individual may be eligible for a child care subsidy under this section regardless of the number of days the individual has resided in this state prior to applying for the child care subsidy.

AB100, s. 1848 Section 1848. 49.155 (1m) (b) 2. of the statutes is created to read:

AB100,806,13 49.155 (1m) (b) 2. Section 49.145 (2) (s).

AB100, s. 1849 Section 1849. 49.155 (1m) (c) of the statutes is renumbered 49.155 (1m) (c) 1. and amended to read:

AB100,806,22 49.155 (1m) (c) 1. The gross income of the individual's family is at or below 165% of the poverty line for a family the size of the individual's family or, for an individual who is already receiving a child care subsidy under this section, the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. In calculating the gross income of the family, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. to 3.

AB100, s. 1850 Section 1850. 49.155 (1m) (c) (intro.) of the statutes is created to read:

AB100,806,24 49.155 (1m) (c) (intro.) Any of the following applies:

AB100, s. 1851 Section 1851. 49.155 (1m) (c) 2. of the statutes is created to read:

AB100,807,7 49.155 (1m) (c) 2. The individual was eligible under s. 49.132 (4) (am) for aid under s. 49.132 and received aid under s. 49.132 on or after May 10, 1996, but lost eligibility solely because of increased income, and the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income increased to more than 200% of the poverty line for a family the size of the individual's family.

AB100, s. 1852 Section 1852. 49.155 (1m) (c) 3. of the statutes is created to read:

AB100,807,15 49.155 (1m) (c) 3. The individual was eligible for a child care subsidy under s. 49.191 (2) on or after May 10, 1996, and received a child care subsidy on or after May 10, 1996, but lost the subsidy solely because of increased income, and the gross income of the individual's family is at or below 200% of the poverty line for a family the size of the individual's family. This subdivision does not apply to an individual whose family's gross income increased to more than 200% of the poverty line for a family the size of the individual's family.

AB100, s. 1853 Section 1853. 49.155 (3m) of the statutes is created to read:

AB100,807,21 49.155 (3m) Distribution of child care funds to counties and certain child care providers. (a) The department shall reimburse child care providers or shall distribute funds to county departments under s. 46.215, 46.22 or 46.23 for child care services provided under this section and to private nonprofit agencies that provide child care for children of migrant workers.

AB100,807,24 (b) Not more than 5%, or $20,000, whichever is greater, of the funds distributed under par. (a) may be used for the costs of administering the program under this section.

AB100,808,7 (c) From the funds distributed under par. (a), a county may provide child care services itself, purchase child care services from a child care provider, provide vouchers to an eligible parent for the payment of child care services provided by a child care provider, reimburse an eligible parent for payments made by the parent to a child care provider for child care services, adopt, with the approval of the department, any other arrangement that the county considers appropriate or use any combination of these methods to provide child care.

AB100,808,10 (d) No funds distributed under par. (a) may be used to provide care for a child by a person who resides with the child, unless the county determines that the care is necessary because of a special health condition of the child.

AB100, s. 1854 Section 1854. 49.155 (6) (a) of the statutes is amended to read:

AB100,808,18 49.155 (6) (a) The department Subject to review and approval by the department, each county shall establish the maximum reimbursement rate that a county department under s. 46.215, 46.22 or 46.23 may pay for licensed child care services provided under this section. The department A county shall set the rate so that at least 75% of the number of places for children within the licensed capacity of all child care providers in each that county or in a multicounty area determined by the department can be purchased at or below that maximum rate.

AB100, s. 1855 Section 1855. 49.155 (6) (b) of the statutes is amended to read:

AB100,808,25 49.155 (6) (b) The department Subject to review and approval by the department, each county shall set a maximum reimbursement rate that a county department under s. 46.215, 46.22 or 46.23 may pay for Level I certified family day care providers for services provided to eligible individuals under this section. The maximum rate set under this paragraph may not exceed 75% of the rate established under par. (a).

AB100, s. 1856 Section 1856. 49.155 (6) (c) of the statutes is amended to read:

AB100,809,7 49.155 (6) (c) The department Subject to review and approval by the department, each county shall set a maximum reimbursement rate that a county department under s. 46.215, 46.22 or 46.23 may pay for Level II certified family day care providers for services provided to eligible individuals under this section. The maximum rate set under this paragraph may not exceed 50% of the rate established under par. (a).

AB100, s. 1857 Section 1857. 49.155 (6) (d) of the statutes is amended to read:

AB100,809,15 49.155 (6) (d) The department may promulgate rules to establish a system of rates for child care programs that exceed the quality of care standards required for licensure under s. 48.65 or for certification under s. 48.651 (1) (a) or a program of grants that the department will pay to child care providers that meet the higher quality of care standards established by rules promulgated under sub. (1d) (b). If a system of rates is established under this paragraph, the rates under that system shall be higher than the rates established under pars. (a) to (c).

AB100, s. 1858 Section 1858. 49.185 (1m) of the statutes is created to read:

AB100,809,18 49.185 (1m) Funding. Payments for grants awarded under this section shall be made from the appropriations under s. 20.445 (3) (em) and (md).

AB100, s. 1859 Section 1859. 49.19 (10) (a) of the statutes is amended to read:

AB100,810,8 49.19 (10) (a) Aid under this section may also be granted to a nonrelative who cares for a child dependent upon the public for proper support in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s. 48.625 or to a minor custodial parent who cares for the dependent child, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 46.495 (2) and the percentage rate of participation set forth in s. 46.495 (1) (d) for aid granted under this subsection except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215 or 46.22 shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.

AB100, s. 1860 Section 1860. 49.19 (10) (d) of the statutes is amended to read:

AB100,810,19 49.19 (10) (d) Aid may also be paid under this section to a licensed foster home or, treatment foster home, to a group home licensed under s. 48.625 or to a child-caring institution by the state when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body or when the child was part of the state's direct service case load and was removed from the home of a relative specified in sub. (1) (a) as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department of health and family services or the department of corrections.

AB100, s. 1861 Section 1861. 49.19 (11) (a) 1. a. (intro.) of the statutes is amended to read:

AB100,810,25 49.19 (11) (a) 1. a. (intro.) Except as provided in subs. (11m) and (11s), monthly payments made under s. 20.445 (3) (d) (dz) and (p) (md) to persons or to families with dependent children shall be based on family size and shall be at 80% of the total of the allowances under subds. 2. and 4. plus the following standards of assistance beginning on September 1, 1987:

AB100, s. 1862 Section 1862. 49.19 (19m) of the statutes is created to read:

AB100,811,3 49.19 (19m) Notwithstanding subs. (1) to (19), no aid may be paid under this section for a child on whose behalf a payment is made under s. 49.775.

AB100, s. 1863 Section 1863. 49.19 (20) (b) of the statutes is repealed and recreated to read:

AB100,811,5 49.19 (20) (b) Notwithstanding par. (a):

AB100,811,10 1. If a nonlegally responsible relative is receiving aid under this section on behalf of a dependent child on the effective date of this subdivision .... [revisor inserts date], no aid under this section may be paid to the nonlegally responsible relative after December 31, 1997, or the first reinvestigation under sub. (5) (e) occurring after the effective date of this subdivision .... [revisor inserts date], whichever is earlier.

AB100,811,14 2. If a nonlegally responsible relative is not receiving aid under this section on behalf of a dependent child on the effective date of this subdivision .... [revisor inserts date], no aid may be paid to the nonlegally responsible relative on or after the effective date of this subdivision .... [revisor inserts date].

AB100, s. 1864 Section 1864. 49.191 (1) (b) of the statutes is amended to read:

AB100,811,23 49.191 (1) (b) Within the limits of funds available under s. 20.445 (3) (cn) (cm), (dz), (jg), (md) and (na), the department shall provide funds for individuals who are working and who receive aid to families with dependent children to pay child care costs in excess of the amount of the child care disregard under s. 49.19 (5) (a) and child care costs incurred before the child care disregard under s. 49.19 (5) (a) becomes available if the child care is provided by a child care provider. This paragraph does not apply beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d).