Amendment ASA1-AB40

AB40-ASA1,560,19 49.155 (3m) (d) 1. No funds distributed under par. (a) may be used for child care services that are provided for a child by a child care provider who is the parent of the child or who resides with the child, unless the county determines that the care is necessary because of a special health condition of the child.

AB40-ASA1, s. 1378d Section 1378d. 49.155 (3m) (d) 2., 3. and 4. of the statutes are created to read:

AB40-ASA1,560,23 49.155 (3m) (d) 2. If a child's parent is a child care provider, no funds distributed under par. (a) may be used for child care services that are provided for the child by another child care provider who is not the child's parent.

AB40-ASA1,561,3 3. Subdivision 1. or 2. does not apply if the child's parent has applied for, and been granted, a waiver of the prohibition under subd. 1. or 2. by the county department or agency or by the department.

AB40-ASA1,561,6 4. The department shall by rule specify the circumstances, or standards for determining the circumstances, under which the department will grant a waiver under subd. 3.

AB40-ASA1, s. 1378g Section 1378g. 49.155 (4) of the statutes is renumbered 49.155 (4) (a).

AB40-ASA1, s. 1378h Section 1378h. 49.155 (4) (b) of the statutes is created to read:

AB40-ASA1,561,11 49.155 (4) (b) 1. Except as provided in subd. 2., no eligible individual may benefit personally from any marketing or promotional offerings made by a child care provider to attract clients or increase business.

AB40-ASA1,561,14 2. Subdivision 1. does not apply to marketing or promotional offerings that directly benefit an eligible individual's child for whom the child care provider is providing child care services.

AB40-ASA1, s. 1379 Section 1379. 49.155 (6) (e) of the statutes is renumbered 49.155 (6) (e) 2. and amended to read:

AB40-ASA1,561,19 49.155 (6) (e) 2. The Except as provided in subd. 3., the department may not increase the maximum reimbursement rates for child care providers in 2009, in 2010, or before June 30 in 2011, 2013.

AB40-ASA1, s. 1380 Section 1380. 49.155 (6) (e) 1. of the statutes is created to read:

AB40-ASA1,561,23 49.155 (6) (e) 1. In this paragraph, "quality rating plan" means the plan for implementing the child care quality rating system under s. 48.659 submitted by the department under 2009 Wisconsin Act 28, section 9108 (7f).

AB40-ASA1, s. 1381 Section 1381. 49.155 (6) (e) 3. of the statutes is created to read:

AB40-ASA1,562,3 49.155 (6) (e) 3. Beginning on July 1, 2012, the department may modify a child care provider's reimbursement rate under subd. 2. on the basis of the provider's quality rating, as described in the quality rating plan, in the following manner:

AB40-ASA1,562,5 a. For a child care provider who receives a 1-star rating, the department shall deny reimbursement.

AB40-ASA1,562,7 b. For a child care provider who receives a 2-star rating, the department may reduce the maximum reimbursement rate by up to 5 percent.

AB40-ASA1,562,9 c. For a child care provider who receives a 3-star rating, the department may pay up to the maximum reimbursement rate.

AB40-ASA1,562,11 d. For a child care provider who receives a 4-star rating, the department may increase the maximum reimbursement rate by up to 5 percent.

AB40-ASA1,562,15 e. For a child care provider who receives a 5-star rating, the department may increase the maximum reimbursement rate by up to 10 percent, except that beginning on January 1, 2013, the department may increase the maximum reimbursement rate for such a child care provider by up to 25 percent.

AB40-ASA1, s. 1382 Section 1382. 49.155 (6) (e) 4. of the statutes is created to read:

AB40-ASA1,562,20 49.155 (6) (e) 4. The department may use a severity-index tool, as described in the quality rating plan, to disqualify child care providers who receive a low quality rating, as described in the quality rating plan, from receiving payment under this section.

AB40-ASA1, s. 1382g Section 1382g. 49.155 (6) (e) 5. of the statutes is created to read:

AB40-ASA1,562,25 49.155 (6) (e) 5. For purposes of modifying reimbursement rates under subd. 3., the department shall assign a child care provider that is accredited from the Council on Accreditation a 4-star rating or 5-star rating, whichever the department determines is appropriate.

AB40-ASA1, s. 1383 Section 1383. 49.155 (6d) of the statutes is created to read:

AB40-ASA1,563,3 49.155 (6d) Cost-saving measures. (a) To reduce costs under the program under this section, the department may do any of the following:

AB40-ASA1,563,6 1. Notwithstanding sub. (1m), implement a waiting list for receipt of a child care subsidy under this section, except that a Wisconsin Works program participant may not be placed on any waiting list implemented under this subdivision.

AB40-ASA1,563,8 2. Notwithstanding sub. (5), increase the copayment amount that an individual must pay toward the cost of child care received under this section.

AB40-ASA1,563,10 3. Notwithstanding sub. (6), adjust the amount of reimbursement paid to child care providers providing child care services under this section.

AB40-ASA1,563,12 4. Notwithstanding sub. (1m), adjust the gross income levels for eligibility for receipt of a child care subsidy under this section.

AB40-ASA1,563,15 (b) If the department intends to take any of the actions under par. (a), the department shall submit to the joint committee on finance a report that sets out its plan for implementing the cost-saving measures.

AB40-ASA1, s. 1384c Section 1384c. 49.159 (3) of the statutes is amended to read:

AB40-ASA1,563,21 49.159 (3) Other custodial parents. A custodial parent in a Wisconsin works Works group in which the other custodial parent is a participant in a Wisconsin works Works employment position or is receiving case management services under s. 49.147 (2) (am) is eligible for employment training and job search assistance services provided by the Wisconsin works Works agency.

AB40-ASA1, s. 1385 Section 1385. 49.162 of the statutes, as affected by 2009 Wisconsin Act 333 and 2011 Wisconsin Act .... (this act), is repealed.

AB40-ASA1, s. 1385c Section 1385c. 49.162 (3) (am) 5. of the statutes is created to read:

AB40-ASA1,564,5 49.162 (3) (am) 5. Host sites for employing individuals or placing work crews under this section must be businesses that are operated for profit, except that in the case of a natural disaster for which the governor has declared a state of emergency under s. 323.10, the department shall give a preference to any work crew placement or host site involved in natural disaster recovery.

AB40-ASA1, s. 1386 Section 1386. 49.165 (2) (c) (intro.) of the statutes is amended to read:

AB40-ASA1,564,14 49.165 (2) (c) (intro.) No grant may be made to an organization which provides or will provide shelter facilities unless the department of commerce safety and professional services determines that the physical plant of the facility will not be dangerous to the health or safety of the residents when the facility is in operation. No grant may be given to an organization which provides or will provide shelter facilities or private home shelter care unless the organization ensures that the following services will be provided either by that organization or by another organization, person or agency:

AB40-ASA1, s. 1388 Section 1388. 49.175 (1) (intro.) of the statutes, as affected by 2009 Wisconsin Act 28, section 1227, is amended to read:

AB40-ASA1,564,20 49.175 (1) Allocation of funds. (intro.) Except as provided in sub. (2), within the limits of the appropriations under s. 20.437 (2) (a), (cm), (dz), (k), (kx), (L), (mc), (md), (me), (mf), and (s), the department shall allocate the following amounts for the following purposes:

AB40-ASA1, s. 1389 Section 1389. 49.175 (1) (a) of the statutes is amended to read:

AB40-ASA1,564,24 49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits, $49,139,400 $74,650,100 in fiscal year 2009-10 2011-12 and $51,229,600 $72,131,500 in fiscal year 2010-11 2012-13.

AB40-ASA1, s. 1390 Section 1390. 49.175 (1) (b) of the statutes is amended to read:

AB40-ASA1,565,4 49.175 (1) (b) Wisconsin Works administration. For administration of Wisconsin Works performed under contracts under s. 49.143, $8,247,000 $10,107,200 in fiscal year 2009-10 2011-12 and $8,247,000 $10,107,200 in fiscal year 2010-11 2012-13.

AB40-ASA1, s. 1391 Section 1391. 49.175 (1) (f) of the statutes is amended to read:

AB40-ASA1,565,9 49.175 (1) (f) Wisconsin Works ancillary services. For program services under Wisconsin Works provided under contracts under s. 49.143, $38,471,500 $47,229,300 in fiscal year 2009-10 2011-12 and $35,471,500 $47,229,300 in fiscal year 2010-11 2012-13.

AB40-ASA1, s. 1392 Section 1392. 49.175 (1) (g) of the statutes is amended to read:

AB40-ASA1,565,14 49.175 (1) (g) State administration of public assistance programs and costs of overpayment collections. For state administration of public assistance programs and costs associated with the collection of public assistance overpayments, $16,985,900 in fiscal year 2009-10 and $17,091,700 $12,918,900 in each fiscal year 2010-11.

AB40-ASA1, s. 1393 Section 1393. 49.175 (1) (i) of the statutes is amended to read:

AB40-ASA1,565,19 49.175 (1) (i) Emergency assistance. For emergency assistance under s. 49.138, $6,500,000 and for transfer to the department of administration for low-income energy or weatherization assistance programs, $6,200,000 in fiscal year 2009-10 2011-12 and $6,000,000 in fiscal year 2010-11 2012-13.

AB40-ASA1, s. 1393L Section 1393L. 49.175 (1) (L) of the statutes is created to read:

AB40-ASA1,565,22 49.175 (1) (L) Transitional jobs demonstration project. For the transitional jobs demonstration project under s. 49.162, $12,000,000 in fiscal year 2011-12.

AB40-ASA1, s. 1394 Section 1394. 49.175 (1) (p) of the statutes is amended to read:

AB40-ASA1,566,3 49.175 (1) (p) Direct child care services. For direct child care services under s. 49.155, $384,987,600 $301,631,000 in fiscal year 2009-10 2011-12 and $402,496,800 $298,523,500 in fiscal year 2010-11 2012-13.

AB40-ASA1, s. 1395 Section 1395. 49.175 (1) (q) of the statutes is amended to read:

AB40-ASA1,566,9 49.175 (1) (q) Child care state administration and child care licensing activities. For administration of child care programs under s. 49.155 and the allocation under s. 49.155 (1g) (c) for child care licensing activities, $8,534,700 $19,702,100 in fiscal year 2009-10 2011-12 and $8,889,700 $19,783,800 in fiscal year 2010-11 2012-13.

AB40-ASA1, s. 1396 Section 1396. 49.175 (1) (qm) of the statutes is amended to read:

AB40-ASA1,566,13 49.175 (1) (qm) Quality care for quality kids. For the child care quality improvement activities specified in s. 49.155 (1g), $5,384,600 $13,486,700 in fiscal year 2009-10 2011-12 and $5,384,600 $13,169,400 in fiscal year 2010-11 2012-13.

AB40-ASA1, s. 1397 Section 1397. 49.175 (1) (r) of the statutes is amended to read:

AB40-ASA1,566,18 49.175 (1) (r) Children of recipients of supplemental security income. For payments made under s. 49.775 for the support of the dependent children of recipients of supplemental security income, $29,899,800 in fiscal year 2009-10 and $29,933,200 $31,232,200 in each fiscal year thereafter.

AB40-ASA1, s. 1398 Section 1398. 49.175 (1) (s) of the statutes is amended to read:

AB40-ASA1,566,23 49.175 (1) (s) Kinship care, long-term kinship care, and foster care assistance. For the kinship care and long-term kinship care programs under s. 48.57 (3m), (3n), and (3p) and for foster care for relatives under s. 48.62, $24,435,000 in fiscal year 2009-10 and $24,435,000 $21,375,800 in each fiscal year 2010-11.

AB40-ASA1, s. 1399 Section 1399. 49.175 (1) (v) of the statutes is created to read:

AB40-ASA1,567,3 49.175 (1) (v) Program improvement plan. For services provided under the child welfare program improvement plan developed under 45 CFR 1355.35, $680,400 in fiscal year 2011-12 and $1,360,800 in each fiscal year thereafter.

AB40-ASA1, s. 1400 Section 1400. 49.175 (1) (zh) of the statutes is amended to read:

AB40-ASA1,567,8 49.175 (1) (zh) Earned income tax credit supplement. For the transfer of moneys from the appropriation account under s. 20.437 (2) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $6,664,200 in fiscal year 2009-10 and $6,664,200 $43,664,200 in each fiscal year 2010-2011.

AB40-ASA1, s. 1402m Section 1402m. 49.197 (1m) of the statutes is amended to read:

AB40-ASA1,568,2 49.197 (1m) Fraud investigation. From the appropriations under s. 20.437 (2) (dz), (kx), (L), (mc), (md), (me), and (nL), the department shall establish a program to investigate suspected fraudulent activity on the part of recipients of aid to families with dependent children under s. 49.19, on the part of participants in the Wisconsin Works program under ss. 49.141 to 49.161, and, if the department of health services contracts with the department under sub. (5), on the part of recipients of medical assistance under subch. IV, food stamp benefits under the food stamp program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, payments for the support of children of supplemental security income recipients under s. 49.775, and health care benefits under the Badger Care health care program under s. 49.665. The department's activities under this subsection may include, but are not limited to, comparisons of information provided to the department by an applicant and information provided by the applicant to other federal, state, and local agencies, development of an advisory welfare investigation prosecution standard, and provision of funds to county departments under ss. 46.215, 46.22, and 46.23 or multicounty consortia, as defined in s. 49.78 (1) (br), and to Wisconsin Works agencies to encourage activities to detect fraud. The department shall cooperate with district attorneys regarding fraud prosecutions.

AB40-ASA1, s. 1405g Section 1405g. 49.197 (2) of the statutes is repealed and recreated to read:

AB40-ASA1,568,5 49.197 (2) Incentive program for local fraud detection. (a) In this subsection:

AB40-ASA1,568,6 1. "County department" means a county department under s. 46.22 or 46.23.

AB40-ASA1,568,7 2. "Subsidy program" means the child care subsidy program under s. 49.155.

AB40-ASA1,568,9 3. "Tribal governing body" means an elected governing body of a federally recognized American Indian tribe.

AB40-ASA1,568,22 (b) 1. Subject to subd. 2., the department shall by rule establish an incentive program that, using moneys from the allocation under s. 49.175 (1) (p), rewards county departments, Wisconsin Works agencies, and tribal governing bodies that administer the subsidy program for identifying fraud in the subsidy program. The rules shall specify that a county department, Wisconsin Works agency, or tribal governing body shall receive, for identifying fraudulent activity under the subsidy program on the part of a child care provider, an amount equal to the average monthly subsidy payment per child during the prior fiscal year, multiplied by the number of children participating in the subsidy program for whom the provider provides care, multiplied by 1.5 months. A county department, Wisconsin Works agency, or tribal governing body may use payments received under this subsection for any purpose for which moneys under the Temporary Assistance for Needy Families block grant program may be used under federal law.

AB40-ASA1,569,10 2. No later than January 1, 2012, the department shall submit its plan for the incentive program to the cochairpersons of the joint committee on finance for review by the committee. If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed plan within 14 working days after the date of the department's submittal, the department shall promulgate the rules for the incentive program in accordance with its proposed plan. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the department may not promulgate the rules for the incentive program unless the committee approves the proposed plan. If the committee modifies and approves the proposed plan, the department may promulgate the rules for the incentive program only as modified by the committee.

AB40-ASA1, s. 1408m Section 1408m. 49.197 (4) of the statutes is amended to read:

AB40-ASA1,569,21 49.197 (4) County and tribal error reduction. If the department of health services contracts with the department under sub. (5), the department shall provide funds from the appropriation under s. 20.437 (2) (kx) to counties, multicounty consortia, as defined in s. 49.78 (1) (br), and governing bodies of federally recognized American Indian tribes administering Medical Assistance under subch. IV, the food stamp program under 7 USC 2011 to 2036, the supplemental security income payments program under s. 49.77, the program providing payments for the support of children of supplemental security income recipients under s. 49.775, and the Badger Care health care program under s. 49.665 to offset administrative costs of reducing payment errors in those programs.

AB40-ASA1, s. 1415 Section 1415. 49.265 (4) (a) of the statutes is amended to read:

AB40-ASA1,569,25 49.265 (4) (a) The department shall distribute the federal community services block grant funds received under 42 USC 9903 and deposited in credited to the appropriations appropriation account under s. 20.437 (1) (mc) and (md) (2) (mg).

AB40-ASA1, s. 1420m Section 1420m. 49.43 (2r) of the statutes is created to read:

AB40-ASA1,570,4 49.43 (2r) "County," "county department," and "county department under s. 46.215, 46.22, or 46.23" includes a multicounty consortium in accordance with a contract under s. 49.78 (2).

AB40-ASA1, s. 1422m Section 1422m. 49.43 (8m) of the statutes is created to read:

AB40-ASA1,570,6 49.43 (8m) "Multicounty consortium" has the meaning given in s. 49.78 (1) (br).

AB40-ASA1, s. 1423k Section 1423k. 49.45 (2m) of the statutes, as created by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1,570,13 49.45 (2m) Authorization for modifications to programs; study. (a) In this subsection, "Medical Assistance program" includes any program operated under this subchapter, demonstration program operated under 42 USC 1315, and program operated under a waiver of federal law relating to medical assistance that is granted by the federal department of health and human services.

AB40-ASA1,570,17 (b) The department shall study potential changes to the Medical Assistance state plan and to waivers of federal law relating to medical assistance obtained from the federal department of health and human services for all of the following purposes:

AB40-ASA1,570,19 1. Increasing the cost effectiveness and efficiency of care and the care delivery system for Medical Assistance programs.

AB40-ASA1,570,21 2. Limiting switching from private health insurance to Medical Assistance programs.

AB40-ASA1,570,23 3. Ensuring the long-term viability and sustainability of Medical Assistance programs.