AB1072: Bill Text

AB1072,12,3 (c) When the request has been approved in whole or in part by the applicable federal agency but has not been fully implemented by the applicable state agency, do all of the following:

AB1072,12,12 1. Beginning 60 days after the date of approval of any portion of the request by the applicable federal agency, or March 1, 2019, whichever is later, submit to the joint committee on finance an implementation plan for the approved portions of the request including the expected timeline for final implementation of the request in accordance with the federal agency's approval. When the state agency submits an implementation plan that it considers its final implementation plan, the state agency may not implement the approved portions of the request until the joint committee on finance approves the final implementation plan. The procedures under s. 13.10 do not apply to this subdivision.

AB1072,12,15 2. Beginning 30 days after the date of submission of the implementation plan and monthly thereafter, submit to the joint committee on finance a progress report on implementation of the approved portions of the request.

AB1072,12,23 3. Beginning 90 days after the date of approval of any portion of the request by the federal agency, or March 1, 2019, whichever is later, and quarterly thereafter, make available to the joint committee on finance a representative of the state agency to brief the committee or provide testimony at a committee hearing at the committee's request. The state agency shall ensure that at least one representative of the state agency appearing in person before the committee has sufficient personal knowledge of the negotiations and progress toward implementation of the approval of the request to respond to inquiries and requests for information by the committee.

AB1072,13,22 (4) Requests for renewal. No later than 9 months before the expiration of an approved waiver of federal law, pilot program, or demonstration project for which no legislation has been enacted specifying that the waiver, program, or project must be suspended or terminated, the state agency shall submit a written notice to the joint committee on finance of the expiration date and the state agency's intent regarding renewal. If the state agency intends to request substantive changes to the waiver, program, or project in its request to the federal agency, the state agency shall comply with the procedures under sub. (3). If the state agency intends to renew the waiver, program, or project without substantive changes, notwithstanding sub. (3) and before submitting the renewal request to the federal agency, the state agency shall submit a proposed renewal request to the joint committee on finance. If the cochairpersons of the joint committee on finance do not notify the state agency within 14 working days after the date of the submittal of the proposed renewal request under this subsection that the committee has scheduled a meeting for the purpose of reviewing the proposed renewal request, the state agency may submit the proposed renewal request. If, within 14 working days after the date of the submittal of the proposed renewal request under this subsection, the cochairpersons of the committee notify the state agency that the committee has scheduled a meeting for the purpose of reviewing the proposed renewal request, the state agency may submit the proposed renewal request only upon approval by the committee. After reviewing the proposed renewal request and determining any changes requested are substantive, the cochairpersons of the joint committee on finance may require the state agency to comply with any of the procedures under sub. (3). The procedures under s. 13.10 do not apply to this subsection.

AB1072,14,3 (5) Delegation to standing committee. The cochairpersons of the joint committee on finance may delegate to a standing committee of the legislature of appropriate subject matter jurisdiction any of the responsibilities of the joint committee on finance under sub. (3). The cochairpersons shall specify the terms of a delegation under this subsection and shall determine what constitutes an approval under a delegation under this subsection.

AB1072,14,13 (6) Funding or position reduction for noncompliance. If the joint committee on finance determines that the applicable state agency has not made sufficient progress in submitting the request, negotiating with the federal agency, or implementing an approved portion of a request or is not acting in accordance with the enacted legislation requiring the submission of the request, the joint committee on finance may reduce from moneys allocated for state operations or administrative functions the state agency's appropriation or expenditure authority, whichever is applicable, or change the authorized level of full-time equivalent positions for the state agency related to the program for which the request is required to be submitted. The procedures under s. 13.10 do not apply to this subsection.

AB1072,11 Section 11. 49.175 (2) (a) of the statutes is amended to read:

AB1072,15,2 49.175 (2) (a) The department may not reallocate funds that are allocated under a paragraph under sub. (1) for any purpose specified in a paragraph under sub. (1) if the secretary of administration approves the reallocation unless the department first notifies the joint committee on finance in writing of the proposed reallocation. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting to review the proposed reallocation, the department may make the proposed reallocation. If, within 14 working days after the date of the department's notification, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed reallocation, the department may make the proposed reallocation only upon approval of the committee.

AB1072,12 Section 12 . 49.175 (2) (c) of the statutes is amended to read:

AB1072,15,18 49.175 (2) (c) If the amounts of federal block grant moneys that are required to be credited to the appropriation accounts under s. 20.437 (2) (mc) and (md) are less than the amounts appropriated under s. 20.437 (2) (mc) and (md), the department shall submit a plan to the secretary of administration joint committee on finance for reducing the amounts of moneys allocated under sub. (1). If the secretary of administration approves the plan, the amounts of moneys required to be allocated under sub. (1) may be reduced as proposed by the department and If the cochairpersons of the committee do not notify the department within 14 working days after the date the department submits the plan that the committee has scheduled a meeting to review the proposed reduction plan, the department shall allocate the moneys as specified in the plan. If, within 14 working days after the date the department submits the plan, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the proposed reduction plan, the department may allocated the moneys as specified in the plan only upon approval of the committee.

AB1072,13 Section 13 . 49.45 (2t) of the statutes is created to read:

AB1072,16,14 49.45 (2t) Submission of state plan amendments and provider payments. (a) The department may not submit a Medical Assistance state plan amendment to the federal department of health and human services or implement a change to the reimbursement rate for or make a supplemental payment to a provider under the Medical Assistance program under this subchapter when the amendment, rate change, or payment has an expected fiscal effect of less than $1,000,000 from all revenue sources over a 12-month period following the implementation date of the amendment, rate change, or payment without submitting the proposed state plan amendment, rate change, or payment to the joint committee on finance for review. If the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the submittal under this paragraph that the committee has scheduled a meeting for the purpose of reviewing the proposed state plan amendment, rate change, or payment, the department may submit the state plan amendment, implement the rate change, or make the payment. If, within 14 working days after the date of the submittal under this paragraph by the department, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed state plan amendment, rate change, or payment, the department may submit the state plan amendment, implement the rate change, or make the payment only upon approval by the committee.

AB1072,17,2 (b) The department may not submit a Medical Assistance state plan amendment to the federal department of health and human services or implement a change to the reimbursement rate for or make a supplemental payment to a provider under the Medical Assistance program under this subchapter when the amendment, rate change, or payment has an expected fiscal effect of $1,000,000 or more from all revenue sources over a 12-month period following the implementation date of the amendment, rate change, or payment without submitting the proposed state plan amendment, rate change, or payment to the joint committee on finance for review. The department may submit the proposed state plan amendment, implement the rate change, or make the payment only upon approval by the committee of the proposed state plan amendment, rate change, or payment submitted under this paragraph.

AB1072,17,7 (c) Notwithstanding pars. (a) and (b), the department is not required to submit a proposed change to a reimbursement rate for or supplemental payment to a provider under the Medical Assistance program under this subchapter to the joint committee on finance under par. (a) or (b) if explicit expenditure authority or funding for the specific change or supplemental payment is included in enacted legislation.

AB1072,14 Section 14 . 49.45 (23b) of the statutes is created to read:

AB1072,17,10 49.45 (23b) Childless adults demonstration project reform waiver implementation required. (a) In this subsection:

AB1072,17,11 1. “Community engagement activity” includes any of the following:

AB1072,17,12 a. Work in exchange for money, goods, or services.

AB1072,17,13 b. Unpaid work, such as volunteer work or community service.

AB1072,17,14 c. Self-employment.

AB1072,17,18 d. Participation in a work, job training, or job search program, as approved by the department, including the employment and training program under s. 49.79 (9), the Wisconsin Works program under ss. 49.141 to 49.161, programs under the federal workforce innovation and opportunity act, and tribal work programs.

AB1072,17,19 2. “Exempt individual” means an individual who is any of the following:

AB1072,17,21 a. Receiving temporary or permanent disability benefits from the federal or state government or a private source.

AB1072,17,22 b. Determined by the department to be physically or mentally unable to work.

AB1072,17,24 c. Verified as unable to work in a statement from a social worker or other health care professional.

AB1072,17,25 d. Experiencing chronic homelessness.

AB1072,18,2 e. Serving as primary caregiver for a person who cannot care for himself or herself.

AB1072,18,4 f. Receiving or applying for unemployment compensation and complying with the work requirements for unemployment compensation.

AB1072,18,7 g. Participating regularly in an alcohol or other drug abuse treatment or rehabilitation program, except for alcoholics anonymous or narcotics anonymous but including cultural interventions specific to American Indian tribes or bands.

AB1072,18,10 h. Attending high school at least half time or enrolled in an institution of higher education, including vocational programs or high school equivalency programs, at least half time.

AB1072,18,12 i. Exempt from work requirements under the food stamp program under s. 49.79.

AB1072,18,15 (b) Beginning as soon as practicable after October 31, 2018, and ending no sooner than December 31, 2023, the department shall do all of the following with regard to the childless adults demonstration project under sub. (23):

AB1072,18,21 1. Require in each month persons, except exempt individuals, who are eligible to receive Medical Assistance under sub. (23) and who are at least 19 years of age but have not attained the age of 50 to participate in, document, and report 80 hours per calendar month of community engagement activities. The department, after finding good cause, may grant a temporary exemption from the requirement under this subdivision upon request of a Medical Assistance recipient.

AB1072,18,24 2. Require persons with incomes of at least 50 percent of the poverty line to pay premiums in accordance with par. (c) as a condition of eligibility for Medical Assistance under sub. (23).

AB1072,19,2 3. Require as a condition of eligibility for Medical Assistance under sub. (23) completion of a health risk assessment.

AB1072,19,5 4. Charge recipients of Medical Assistance under sub. (23) an $8 copayment for nonemergency use of the emergency department in accordance with 42 USC 1396o-1 (e) (1) and 42 CFR 447.54.

AB1072,19,10 5. Disenroll from Medical Assistance under sub. (23) for 6 months any individual who does not pay a required premium under subd. 2. and any individual who is required under subd. 1. to participate in a community engagement activity but who does not participate for 48 aggregate months in the community engagement activity.

AB1072,19,15 (c) 1. Persons who are eligible for the demonstration project under sub. (23) and who have monthly household income that exceeds 50 percent of the poverty line shall pay a monthly premium amount of $8 per household. A person who is eligible to receive an item or service furnished by an Indian health care provider is exempt from the premium requirement under this subdivision.

AB1072,19,21 2. The department may disenroll under par. (b) 5. a person for nonpayment of a required monthly premium only at annual eligibility redetermination after providing notice and reasonable opportunity for the person to pay. If a person who is disenrolled for nonpayment of premiums pays all owed premiums or becomes exempt from payment of premiums, he or she may reenroll in Medical Assistance under sub. (23).

AB1072,19,25 3. The department shall reduce the amount of the required household premium by up to half for a recipient of Medical Assistance under sub. (23) who does not engage in certain behaviors that increase health risks or who attests to actively managing certain unhealthy behaviors.

AB1072,20,3 (d) The department shall comply with any other requirements not specified elsewhere in this subsection that are imposed by the federal department of health and human services in its approval effective October 31, 2018.

AB1072,20,8 (e) Before December 31, 2023, the demonstration project requirements under this subsection may not be withdrawn and the department may not request from the federal government withdrawal, suspension, or termination of the demonstration project requirements under this subsection unless legislation has been enacted specifically allowing for the withdrawal, suspension, or termination.

AB1072,20,10 (f) The department shall comply with all applicable timing in and requirements of s. 20.940.

AB1072,15 Section 15 . 49.79 (9) (d) 1. of the statutes is repealed.

AB1072,16 Section 16 . 49.79 (9) (d) 2. of the statutes is renumbered 49.79 (9) (d) and amended to read:

AB1072,20,19 49.79 (9) (d) Subject to the promulgation of rules under subd. 1. s. 49.791, the department shall screen and, if indicated, test and treat participants in an employment and training program under this subsection who are able-bodied adults for illegal use of a controlled substance without a valid prescription for the controlled substance. Eligibility for an able-bodied adult to participate in an employment and training program under this subsection is subject to s. 49.791.

AB1072,17 Section 17 . 49.791 of the statutes is created to read:

AB1072,20,22 49.791 Substance abuse screening, testing, and treatment for employment and training programs. (1) Definitions. In this section:

AB1072,20,23 (a) “Able-bodied adult” has the meaning given in s. 49.79 (1) (am).

AB1072,21,2 (b) “Administering agency” means an administrative agency within the executive branch under ch. 15 or an entity that contracts with the state such as a single county consortia under s. 49.78 (1r), a multicounty consortia under s. 49.78 (1) (br), or a tribal governing body under s. 49.78 (1) (cr).

AB1072,21,7 (c) “Confirmation test” means an analytical procedure used to quantify a specific controlled substance or its metabolite in a specimen through a test that is different in scientific principle from that of the initial test procedure and capable of providing the requisite specificity, sensitivity, and quantitative accuracy to positively confirm use of a controlled substance.

AB1072,21,8 (d) “Controlled substance” has the meaning given in s. 49.79 (1) (b).

AB1072,21,10 (e) “Employment and training program” means the food stamp employment and training program under s. 49.79 (9).

AB1072,21,11 (f) “Food stamp program” has the meaning given in s. 49.79 (1) (c).

AB1072,21,17 (g) “Medical review officer” means a licensed medical provider who is employed by or providing services under a contract to a qualified drug testing vendor, has knowledge of substance abuse disorders and laboratory testing procedures, and has the necessary training and experience to interpret and evaluate an individual's positive test result in relation to the individual's medical history and valid prescriptions.

AB1072,21,21 (h) “Metabolite” means a chemical present in the body when a controlled substance is being broken down through natural metabolic processes that can be detected or measured as a positive indicator that a controlled substance associated with the metabolite has been used.

AB1072,21,25 (i) “Prescription” means a current order for a controlled substance that indicates the specific regimen and duration of the order and that is transmitted electronically or in writing by an individual authorized in this state to order the controlled substance.

AB1072,22,5 (j) “Qualified drug testing vendor” means a laboratory certified by the federal centers for medical and medicaid services under the federal Clinical Laboratory Improvement Amendments of 1988 to collect a specimen, carry out laboratory analysis of the specimen, store the specimen for a confirmation test if required, complete a confirmation test, and provide review by a medical review officer.

AB1072,22,7 (k) “Screening” means completing a questionnaire specified by the department regarding an individual's current and prior use of any controlled substance.

AB1072,22,9 (L) “Specimen” means tissue, fluid, or any other product of the human body required to be submitted by an individual for testing under this section.

AB1072,22,15 (m) “Trauma-informed” means operating under the understanding of the science of adverse childhood experiences, toxic stress, trauma, and resilience, incorporating that understanding into organizational culture, policies, programs, and practices, and adhering to trauma-informed principles such as safety, trustworthiness and transparency, peer support, collaboration and mutuality, empowerment, and cultural, historical, and gender issue recognition.

AB1072,22,23 (n) “Treatment” means any service that is conducted under clinical supervision to assist an individual through the process of recovery from controlled substance abuse, including screening, application of approved placement criteria, intake, orientation, assessment, individualized treatment planning, intervention, individual or group and family counseling, referral, discharge planning, after care or continuing care, record keeping, consultation with other professionals regarding treatment services, recovery and case management, crisis intervention, education, employment, and problem resolution in life skills functioning.

AB1072,23,4 (o) “Treatment program” means a program certified by the department to provide treatment for controlled substance abuse as a medically managed inpatient service, a medically monitored treatment service, a day treatment service, an outpatient treatment service, a transitional residential treatment service, or a narcotic treatment service for opiate addiction or, as approved by the department, psychosocial rehabilitation services.

AB1072,23,8 (p) “Treatment provider” means a provider of treatment for controlled substance abuse certified by the department, a provider certified under s. 440.88, or a licensed professional who meets criteria established by the department of safety and professional services.

AB1072,23,14 (2) Notice of requirement. An administering agency shall provide information in a format approved by the department to any individual who expresses interest in or is referred to participate in an employment and training program to explain the requirement for participants in certain employment and training programs to undergo screening, testing, and treatment for abuse of controlled substances.

AB1072,23,25 (3) Administering and evaluating a controlled substance abuse screening questionnaire. (a) At the time of application and at annual redetermination for eligibility in the food stamp program, an administering agency shall administer to any able-bodied adult who is subject to the work requirement under s. 49.79 (10) (a) and intends on meeting the work requirement through participation in the employment and training program a controlled substance abuse screening questionnaire approved by the department, which may include questions related to controlled substance abuse-related criminal background and controlled substance abuse. The administering agency shall determine whether answers to the controlled substance abuse screening questionnaire indicate possible use of a controlled substance without a valid prescription by the able-bodied adult.

AB1072,24,4 (b) 1. An able-bodied adult who is administered a controlled substance abuse screening questionnaire under par. (a) shall answer all questions on the screening questionnaire, sign and date the questionnaire, and submit the questionnaire to the administering agency.

AB1072,24,7 2. If the able-bodied adult indicates on the screening questionnaire submitted under subd. 1. the prescribed use of a controlled substance, the able-bodied adult shall provide evidence of the valid prescription to the administering agency.

AB1072,24,15 (c) An able-bodied adult who is administered a controlled substance abuse screening questionnaire under par. (a) and who fails to comply with the requirements under par. (b) is not eligible to participate in the employment and training program, and the administering agency may not refer the individual to participate in the employment and training program. An able-bodied adult who is denied eligibility for participation in the employment and training program for failure to complete the requirements under par. (b) may complete the requirements under par. (b) at any time while eligible for the food stamp program.

AB1072,24,20 (d) An able-bodied adult who completes a controlled substance abuse screening questionnaire under this subsection and whose answers to the screening questionnaire do not indicate possible abuse of a controlled substance has satisfied the requirements of this section and may participate in an employment and training program subject to this section.

AB1072,25,2 (4) Testing for use of a controlled substance required. (a) Individuals required to undergo testing; exception. 1. Except as provided in subd. 2., an administering agency shall require an able-bodied adult whose answers on the controlled substance abuse screening questionnaire submitted under sub. (3) indicate possible use of a controlled substance without a prescription to undergo a test for the use of a controlled substance.

AB1072,25,7 2. An administering agency may not require an able-bodied adult whose answers on the controlled substance abuse screening questionnaire submitted under sub. (3) indicate possible use of a controlled substance and who also indicates readiness to enter treatment for controlled substance abuse to undergo a test for the use of a controlled substance.

AB1072,25,14 (b) Nature of testing required. A test for use of a controlled substance under this subsection consists of laboratory analysis of a specimen collected from an able-bodied adult described in par. (a) in a manner specified by the department that is consistent with guidelines from the federal department of health and human services by a qualified drug testing vendor or a provider approved by the department. The qualified drug testing vendor or other provider shall analyze the specimen for the presence of controlled substances specified by the department.

AB1072,25,20 (c) Contracts for testing services. 1. The administering agency, subject to the department's approval, may contract with a trauma-informed qualified drug testing vendor to collect a specimen, carry out laboratory analysis of the specimen, store the specimen for confirmatory testing if required, complete confirmatory testing, provide review by a medical review officer, and document and report test results to the administering agency.

AB1072,25,24 2. The department may require administering agencies to use a specific drug testing service procured through state contracting if the department determines that volume discounts or other preferential pricing terms may be achieved through a statewide contract.

AB1072,26,5 (d) Effects of refusal to submit to drug test. 1. An able-bodied adult who is required to undergo a test for the use of a controlled substance under par. (a) but who refuses to submit to a drug test by doing any of the following is ineligible to participate in the employment and training program until the individual agrees to be tested for use of a controlled substance and test results have been reported:

AB1072,26,6 a. Failing or refusing to appear for a scheduled drug test without good cause.

AB1072,26,10 b. Failing or refusing to complete a form or release of information required for testing, including any form or release required by the qualified drug testing vendor to permit the vendor to report test results to the administering agency or department.

AB1072,26,11 c. Failing or refusing to provide a valid specimen for testing.

AB1072,26,12 d. Failing or refusing to provide verification of identity to the testing vendor.

AB1072,26,16 2. The administering agency may direct an able-bodied adult who initially refused to submit to a drug test under subd. 1. and subsequently agrees to submit to a test to undergo drug testing on a random basis at any time within 10 business days after the able-bodied adult agrees to submit to a test.

AB1072,26,22 (e) Confirmation test required. If an able-bodied adult tests positive for the use of a controlled substance, the qualified drug testing vendor shall perform a confirmation test using the same specimen obtained for the initial drug test. The vendor's medical review officer who is responsible for determining the presence of a controlled substance under par. (b) shall interpret all drug test results that are not negative.

AB1072,27,4 (f) Accepting test results from other programs. For purposes of this section, an administering agency may use results of a drug test performed by the administering agency for the purpose of eligibility for another state program, including a work experience program under s. 49.162, 49.36, or 108.133, performed at the request of the department of corrections, or performed by other drug testing providers as approved by the department to determine whether to refer an able-bodied adult to treatment if all of the following apply:

AB1072,27,5 1. The test results are provided directly to the administering agency.

AB1072,27,7 2. The test results include tests for all controlled substances required by the department to be tested under this section.

AB1072,27,9 3. The test occurred within 90 days before the results are provided to the administering agency.

AB1072,27,15 (g) Effect of a negative test. An able-bodied adult who undergoes a test for use of a controlled substance under this subsection and tests negative for use of a controlled substance or who tests positive for use of a controlled substance but provides to the administering agency a prescription for each controlled substance for which the adult tests positive is not prohibited from participating in an employment and training program.

AB1072,27,21 (h) Effect of a positive test. An able-bodied adult who undergoes a test for use of a controlled substance under this subsection, whose test results are positive, and who does not provide evidence of a prescription for the controlled substance, as determined by the qualified drug testing vendor's medical review officer, is required to participate in treatment under sub. (5) to participate in an employment and training program.