SB887,65
25Section
65. 20.455 (1) (gh) of the statutes is amended to read:
SB887,48,5
120.455
(1) (gh)
Investigation and prosecution. Moneys received under ss. 23.22
2(9) (c), 49.49 (6), 100.263, 133.16, 281.98 (2), 283.91 (5), 289.96 (3) (b), 291.97 (3),
3292.99 (2), 293.87 (4) (b), 295.19 (3) (b) 2., 295.79 (4) (b), and 299.97 (2), for the
4expenses of investigation and prosecution of violations, including attorney fees
, and
5for expenses related to s. 165.055 (3).
SB887,66
6Section
66. 20.455 (2) (gb) of the statutes is amended to read:
SB887,48,117
20.455
(2) (gb)
Gifts and grants.
The amounts in the schedule to carry out the
8purposes for which gifts and grants are made and received. All moneys received from
9gifts and grants, other than moneys received for and credited to another
10appropriation account under this subsection,
to carry out the purposes for which
11made and received shall be credited to this appropriation account.
SB887,67
12Section
67. 20.455 (3) (g) of the statutes is amended to read:
SB887,48,1913
20.455
(3) (g)
Gifts, grants and proceeds. The amounts in the schedule to carry
14out the purposes for which gifts and grants are made and collected. All moneys
15received from gifts and grants and all proceeds from services, conferences, and sales
16of publications and promotional materials
to carry out the purposes for which made
17or collected, except as provided in sub. (2) (gm) and (gp) and to transfer to s. 20.505
18(1) (kg), at the discretion of the attorney general, an amount not to exceed $98,300
19annually
, shall be credited to this appropriation account.
SB887,68
20Section 68
. 20.940 of the statutes is created to read:
SB887,48,24
2120.940 Legislative authorization and oversight of requests to federal
22government. (1) Definition. In this section, “state agency” means any office,
23department, or independent agency in the executive branch of state government,
24other than the Board of Regents of the University of Wisconsin System.
SB887,49,6
1(2) Legislative authorization required. A state agency may not submit a
2request to a federal agency for a waiver or a renewal, modification, withdrawal,
3suspension, or termination of a waiver of federal law or rules or for authorization to
4implement a pilot program or demonstration project unless legislation has been
5enacted specifically directing the submission of the request for a waiver, renewal,
6modification, withdrawal, suspension, termination, or authorization.
SB887,49,12
7(3) Legislative oversight of requests to federal agencies. If submission to
8a federal agency of a request for a waiver or renewal, modification, withdrawal,
9suspension, or termination of a waiver of federal law or rules or for authorization to
10implement a pilot program or demonstration project is required in legislation
11enacted on or after January 1, 2011, the state agency that is required to submit the
12request shall do all of the following that apply:
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(a) When the request has not been submitted to the applicable federal agency,
14do all of the following:
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1. Beginning 60 days after the enactment of the legislation requiring the
16request or March 1, 2019, whichever is later, submit to the joint committee on finance
17an implementation plan describing the state agency's plan for submitting the
18request including an expected timeline for submitting the request in which the
19submission date is no later than 90 days after submission of the implementation plan
20under this subdivision. If the state agency is unable to submit the request by the date
21specified in the implementation plan, the state agency may request from the joint
22committee on finance an extension not to exceed 90 days in a written submission that
23includes a report on the progress toward submission of the request and the reason
24an extension is needed. If the cochairpersons of the joint committee on finance do not
25notify the state agency within 14 working days after the date of the request for an
1extension under this subdivision that the committee has scheduled a meeting for the
2purpose of reviewing the extension request, the extension is considered granted. If,
3within 14 working days after the date of the request for an extension under this
4subdivision, the cochairpersons of the committee notify the state agency that the
5committee has scheduled a meeting for the purpose of reviewing the extension
6request, the state agency may consider the extension granted only upon approval by
7the committee. No more than 3 90-day extensions may be granted under this
8subdivision.
SB887,50,139
2. When the state agency has finalized its proposed request before submitting
10the request to the federal agency, submit the proposed request to the joint committee
11on finance for approval by the committee. The state agency may submit the proposed
12request to the appropriate federal agency only upon approval by the committee. The
13procedures under s. 13.10 do not apply to this subdivision.
SB887,50,1514
(b) When the request has been submitted to the applicable federal agency but
15has not been denied or approved by that federal agency, do all of the following:
SB887,50,1716
1. Contact no less frequently than biweekly the federal agency considering the
17request to continue negotiations in furtherance of approval of the request.
SB887,51,218
2. Beginning 30 days after the date of submission of the request to the federal
19agency or March 1, 2019, whichever is later, and monthly thereafter, submit to the
20joint committee on finance a progress report on negotiations with the federal agency
21toward approval of the request. The state agency shall request from the federal
22agency a description in writing of any portions of the request that the federal agency
23has stated will not be approved and reasons for not approving. The state agency shall
24include in its monthly report under this subdivision any written description from the
1federal agency regarding any portion of the request that the federal agency has
2stated will not be approved.
SB887,51,103
3. Beginning 90 days after the date of submission of the request to the federal
4agency, or March 1, 2019, whichever is later, and quarterly thereafter, make
5available to the joint committee on finance a representative of the state agency to
6brief the committee or provide testimony at a committee hearing at the committee's
7request. The state agency shall ensure that at least one representative of the state
8agency appearing in person before the committee has sufficient personal knowledge
9of the negotiations and progress toward approval of the request to respond to
10inquiries and requests for information by the committee.
SB887,51,2011
4. Before final approval of the request by the federal agency, submit the
12proposed approval as negotiated with the federal agency to the joint committee on
13finance for approval or disapproval. The joint committee on finance may approve or
14disapprove but may not modify the proposed approval as negotiated with the federal
15agency. The state agency may agree to final approval of the request only upon
16approval by the joint committee on finance. If the joint committee on finance
17disapproves, the state agency shall withdraw the request or renegotiate the request
18with the federal agency and resubmit the proposed approval as renegotiated to the
19joint committee on finance for approval or disapproval. The procedures under s.
2013.10 do not apply to this subdivision.
SB887,51,2321
(c) When the request has been approved in whole or in part by the applicable
22federal agency but has not been fully implemented by the applicable state agency, do
23all of the following:
SB887,52,724
1. Beginning 60 days after the date of approval of any portion of the request by
25the applicable federal agency, or March 1, 2019, whichever is later, submit to the joint
1committee on finance an implementation plan for the approved portions of the
2request including the expected timeline for final implementation of the request in
3accordance with the federal agency's approval. When the state agency submits an
4implementation plan that it considers its final implementation plan, the state
5agency may not implement the approved portions of the request until the joint
6committee on finance approves the final implementation plan. The procedures
7under s. 13.10 do not apply to this subdivision.
SB887,52,108
2. Beginning 30 days after the date of submission of the implementation plan
9and monthly thereafter, submit to the joint committee on finance a progress report
10on implementation of the approved portions of the request.
SB887,52,1811
3. Beginning 90 days after the date of approval of any portion of the request by
12the federal agency, or March 1, 2019, whichever is later, and quarterly thereafter,
13make available to the joint committee on finance a representative of the state agency
14to brief the committee or provide testimony at a committee hearing at the
15committee's request. The state agency shall ensure that at least one representative
16of the state agency appearing in person before the committee has sufficient personal
17knowledge of the negotiations and progress toward implementation of the approval
18of the request to respond to inquiries and requests for information by the committee.
SB887,53,17
19(4) Requests for renewal. No later than 9 months before the expiration of an
20approved waiver of federal law, pilot program, or demonstration project for which no
21legislation has been enacted specifying that the waiver, program, or project must be
22suspended or terminated, the state agency shall submit a written notice to the joint
23committee on finance of the expiration date and the state agency's intent regarding
24renewal. If the state agency intends to request substantive changes to the waiver,
25program, or project in its request to the federal agency, the state agency shall comply
1with the procedures under sub. (3). If the state agency intends to renew the waiver,
2program, or project without substantive changes, notwithstanding sub. (3) and
3before submitting the renewal request to the federal agency, the state agency shall
4submit a proposed renewal request to the joint committee on finance. If the
5cochairpersons of the joint committee on finance do not notify the state agency within
614 working days after the date of the submittal of the proposed renewal request
7under this subsection that the committee has scheduled a meeting for the purpose
8of reviewing the proposed renewal request, the state agency may submit the
9proposed renewal request. If, within 14 working days after the date of the submittal
10of the proposed renewal request under this subsection, the cochairpersons of the
11committee notify the state agency that the committee has scheduled a meeting for
12the purpose of reviewing the proposed renewal request, the state agency may submit
13the proposed renewal request only upon approval by the committee. After reviewing
14the proposed renewal request and determining any changes requested are
15substantive, the cochairpersons of the joint committee on finance may require the
16state agency to comply with any of the procedures under sub. (3). The procedures
17under s. 13.10 do not apply to this subsection.
SB887,53,23
18(5) Delegation to standing committee. The cochairpersons of the joint
19committee on finance may delegate to a standing committee of the legislature of
20appropriate subject matter jurisdiction any of the responsibilities of the joint
21committee on finance under sub. (3). The cochairpersons shall specify the terms of
22a delegation under this subsection and shall determine what constitutes an approval
23under a delegation under this subsection.
SB887,54,8
24(6) Funding or position reduction for noncompliance. If the joint committee
25on finance determines that the applicable state agency has not made sufficient
1progress in submitting the request, negotiating with the federal agency, or
2implementing an approved portion of a request or is not acting in accordance with
3the enacted legislation requiring the submission of the request, the joint committee
4on finance may reduce from moneys allocated for state operations or administrative
5functions the state agency's appropriation or expenditure authority, whichever is
6applicable, or change the authorized level of full-time equivalent positions for the
7state agency related to the program for which the request is required to be submitted.
8The procedures under s. 13.10 do not apply to this subsection.
SB887,69
9Section
69. 35.93 (2) (b) 3. im. of the statutes is created to read:
SB887,54,1110
35.93
(2) (b) 3. im. Notices of public comment periods on proposed guidance
11documents under s. 227.112 (1) (a).
SB887,70
12Section
70. 45.57 of the statutes is amended to read:
SB887,54,1713
45.57
Veterans homes; transfer of funding. The department may transfer
14all or part of the unencumbered balance of any of the appropriations under s. 20.485
15(1) (g), (gd), (gk), or (i) to the veterans trust fund or to the veterans mortgage loan
16repayment fund.
The department shall notify the joint committee on finance in
17writing of any balance transferred under this section.
SB887,71
18Section
71. 49.175 (2) (a) of the statutes is amended to read:
SB887,55,519
49.175
(2) (a) The department may
not reallocate funds that are allocated
20under a paragraph under sub. (1) for any purpose specified in a paragraph under sub.
21(1)
if the secretary of administration approves the reallocation unless the
22department first notifies the joint committee on finance in writing of the proposed
23reallocation. If the cochairpersons of the committee do not notify the department
24within 14 working days after the date of the department's notification that the
25committee has scheduled a meeting to review the proposed reallocation, the
1department may make the proposed reallocation. If, within 14 working days after
2the date of the department's notification, the cochairpersons of the committee notify
3the department that the committee has scheduled a meeting to review the proposed
4reallocation, the department may make the proposed reallocation only upon
5approval of the committee.
SB887,72
6Section 72
. 49.175 (2) (c) of the statutes is amended to read:
SB887,55,217
49.175
(2) (c) If the amounts of federal block grant moneys that are required
8to be credited to the appropriation accounts under s. 20.437 (2) (mc) and (md) are less
9than the amounts appropriated under s. 20.437 (2) (mc) and (md), the department
10shall submit a plan to the
secretary of administration joint committee on finance for
11reducing the amounts of moneys allocated under sub. (1).
If the secretary of
12administration approves the plan, the amounts of moneys required to be allocated
13under sub. (1) may be reduced as proposed by the department and
If the
14cochairpersons of the committee do not notify the department within 14 working
15days after the date the department submits the plan that the committee has
16scheduled a meeting to review the proposed reduction plan, the department shall
17allocate the moneys as specified in the plan.
If, within 14 working days after the date
18the department submits the plan, the cochairpersons of the committee notify the
19department that the committee has scheduled a meeting to review the proposed
20reduction plan, the department may allocated the moneys as specified in the plan
21only upon approval of the committee.
SB887,73
22Section 73
. 49.45 (2t) of the statutes is created to read:
SB887,56,1723
49.45
(2t) Submission of state plan amendments and provider payments. (a)
24The department may not submit a Medical Assistance state plan amendment to the
25federal department of health and human services or implement a change to the
1reimbursement rate for or make a supplemental payment to a provider under the
2Medical Assistance program under this subchapter when the amendment, rate
3change, or payment has an expected fiscal effect of less than $1,000,000 from all
4revenue sources over a 12-month period following the implementation date of the
5amendment, rate change, or payment without submitting the proposed state plan
6amendment, rate change, or payment to the joint committee on finance for review.
7If the cochairpersons of the joint committee on finance do not notify the department
8within 14 working days after the date of the submittal under this paragraph that the
9committee has scheduled a meeting for the purpose of reviewing the proposed state
10plan amendment, rate change, or payment, the department may submit the state
11plan amendment, implement the rate change, or make the payment. If, within 14
12working days after the date of the submittal under this paragraph by the
13department, the cochairpersons of the committee notify the department that the
14committee has scheduled a meeting for the purpose of reviewing the proposed state
15plan amendment, rate change, or payment, the department may submit the state
16plan amendment, implement the rate change, or make the payment only upon
17approval by the committee.
SB887,57,418
(b) The department may not submit a Medical Assistance state plan
19amendment to the federal department of health and human services or implement
20a change to the reimbursement rate for or make a supplemental payment to a
21provider under the Medical Assistance program under this subchapter when the
22amendment, rate change, or payment has an expected fiscal effect of $1,000,000 or
23more from all revenue sources over a 12-month period following the implementation
24date of the amendment, rate change, or payment without submitting the proposed
25state plan amendment, rate change, or payment to the joint committee on finance for
1review. The department may submit the proposed state plan amendment,
2implement the rate change, or make the payment only upon approval by the
3committee of the proposed state plan amendment, rate change, or payment
4submitted under this paragraph.
SB887,57,95
(c) Notwithstanding pars. (a) and (b), the department is not required to submit
6a proposed change to a reimbursement rate for or supplemental payment to a
7provider under the Medical Assistance program under this subchapter to the joint
8committee on finance under par. (a) or (b) if explicit expenditure authority or funding
9for the specific change or supplemental payment is included in enacted legislation.
SB887,74
10Section 74
. 49.45 (23b) of the statutes is created to read:
SB887,57,1211
49.45
(23b) Childless adults demonstration project reform waiver
12implementation required. (a) In this subsection:
SB887,57,1313
1. “Community engagement activity” includes any of the following:
SB887,57,1414
a. Work in exchange for money, goods, or services.
SB887,57,1515
b. Unpaid work, such as volunteer work or community service.
SB887,57,1616
c. Self-employment.
SB887,57,2017
d. Participation in a work, job training, or job search program, as approved by
18the department, including the employment and training program under s. 49.79 (9),
19the Wisconsin Works program under ss. 49.141 to 49.161, programs under the federal
20workforce innovation and opportunity act, and tribal work programs.
SB887,57,2121
2. “Exempt individual” means an individual who is any of the following:
SB887,57,2322
a. Receiving temporary or permanent disability benefits from the federal or
23state government or a private source.
SB887,57,2424
b. Determined by the department to be physically or mentally unable to work.
SB887,58,2
1c. Verified as unable to work in a statement from a social worker or other health
2care professional.
SB887,58,33
d. Experiencing chronic homelessness.
SB887,58,54
e. Serving as primary caregiver for a person who cannot care for himself or
5herself.
SB887,58,76
f. Receiving or applying for unemployment compensation and complying with
7the work requirements for unemployment compensation.
SB887,58,108
g. Participating regularly in an alcohol or other drug abuse treatment or
9rehabilitation program, except for alcoholics anonymous or narcotics anonymous but
10including cultural interventions specific to American Indian tribes or bands.
SB887,58,1311
h. Attending high school at least half time or enrolled in an institution of higher
12education, including vocational programs or high school equivalency programs, at
13least half time.
SB887,58,1514
i. Exempt from work requirements under the food stamp program under s.
1549.79.
SB887,58,1816
(b) Beginning as soon as practicable after October 31, 2018, and ending no
17sooner than December 31, 2023, the department shall do all of the following with
18regard to the childless adults demonstration project under sub. (23):
SB887,58,2419
1. Require in each month persons, except exempt individuals, who are eligible
20to receive Medical Assistance under sub. (23) and who are at least 19 years of age but
21have not attained the age of 50 to participate in, document, and report 80 hours per
22calendar month of community engagement activities. The department, after finding
23good cause, may grant a temporary exemption from the requirement under this
24subdivision upon request of a Medical Assistance recipient.
SB887,59,3
12. Require persons with incomes of at least 50 percent of the poverty line to pay
2premiums in accordance with par. (c) as a condition of eligibility for Medical
3Assistance under sub. (23).
SB887,59,54
3. Require as a condition of eligibility for Medical Assistance under sub. (23)
5completion of a health risk assessment.
SB887,59,86
4. Charge recipients of Medical Assistance under sub. (23) an $8 copayment for
7nonemergency use of the emergency department in accordance with
42 USC 1396o-1 8(e) (1) and
42 CFR 447.54.
SB887,59,139
5. Disenroll from Medical Assistance under sub. (23) for 6 months any
10individual who does not pay a required premium under subd. 2. and any individual
11who is required under subd. 1. to participate in a community engagement activity but
12who does not participate for 48 aggregate months in the community engagement
13activity.
SB887,59,1814
(c) 1. Persons who are eligible for the demonstration project under sub. (23) and
15who have monthly household income that exceeds 50 percent of the poverty line shall
16pay a monthly premium amount of $8 per household. A person who is eligible to
17receive an item or service furnished by an Indian health care provider is exempt from
18the premium requirement under this subdivision.
SB887,59,2419
2. The department may disenroll under par. (b) 5. a person for nonpayment of
20a required monthly premium only at annual eligibility redetermination after
21providing notice and reasonable opportunity for the person to pay. If a person who
22is disenrolled for nonpayment of premiums pays all owed premiums or becomes
23exempt from payment of premiums, he or she may reenroll in Medical Assistance
24under sub. (23).
SB887,60,4
13. The department shall reduce the amount of the required household premium
2by up to half for a recipient of Medical Assistance under sub. (23) who does not engage
3in certain behaviors that increase health risks or who attests to actively managing
4certain unhealthy behaviors.
SB887,60,75
(d) The department shall comply with any other requirements not specified
6elsewhere in this subsection that are imposed by the federal department of health
7and human services in its approval effective October 31, 2018.
SB887,60,128
(e) Before December 31, 2023, the demonstration project requirements under
9this subsection may not be withdrawn and the department may not request from the
10federal government withdrawal, suspension, or termination of the demonstration
11project requirements under this subsection unless legislation has been enacted
12specifically allowing for the withdrawal, suspension, or termination.
SB887,60,1413
(f) The department shall comply with all applicable timing in and requirements
14of s. 20.940.
SB887,75
15Section 75
. 49.79 (9) (d) 1. of the statutes is repealed.
SB887,76
16Section 76
. 49.79 (9) (d) 2. of the statutes is renumbered 49.79 (9) (d) and
17amended to read:
SB887,60,2318
49.79
(9) (d) Subject to
the promulgation of rules under subd. 1. s. 49.791, the
19department shall screen and, if indicated, test and treat participants in an
20employment and training program under this subsection who are able-bodied adults
21for illegal use of a controlled substance without a valid prescription for the controlled
22substance.
Eligibility for an able-bodied adult to participate in an employment and
23training program under this subsection is subject to s. 49.791.
SB887,77
24Section 77
. 49.791 of the statutes is created to read:
SB887,61,2
149.791 Substance abuse screening, testing, and treatment for
2employment and training programs. (1) Definitions. In this section:
SB887,61,33
(a) “Able-bodied adult” has the meaning given in s. 49.79 (1) (am).
SB887,61,74
(b) “Administering agency” means an administrative agency within the
5executive branch under ch. 15 or an entity that contracts with the state such as a
6single county consortia under s. 49.78 (1r), a multicounty consortia under s. 49.78 (1)
7(br), or a tribal governing body under s. 49.78 (1) (cr).
SB887,61,128
(c) “Confirmation test” means an analytical procedure used to quantify a
9specific controlled substance or its metabolite in a specimen through a test that is
10different in scientific principle from that of the initial test procedure and capable of
11providing the requisite specificity, sensitivity, and quantitative accuracy to
12positively confirm use of a controlled substance.
SB887,61,1313
(d) “Controlled substance” has the meaning given in s. 49.79 (1) (b).
SB887,61,1514
(e) “Employment and training program” means the food stamp employment
15and training program under s. 49.79 (9).
SB887,61,1616
(f) “Food stamp program” has the meaning given in s. 49.79 (1) (c).
SB887,61,2217
(g) “Medical review officer” means a licensed medical provider who is employed
18by or providing services under a contract to a qualified drug testing vendor, has
19knowledge of substance abuse disorders and laboratory testing procedures, and has
20the necessary training and experience to interpret and evaluate an individual's
21positive test result in relation to the individual's medical history and valid
22prescriptions.
SB887,62,223
(h) “Metabolite” means a chemical present in the body when a controlled
24substance is being broken down through natural metabolic processes that can be
1detected or measured as a positive indicator that a controlled substance associated
2with the metabolite has been used.
SB887,62,63
(i) “Prescription” means a current order for a controlled substance that
4indicates the specific regimen and duration of the order and that is transmitted
5electronically or in writing by an individual authorized in this state to order the
6controlled substance.
SB887,62,117
(j) “Qualified drug testing vendor” means a laboratory certified by the federal
8centers for medical and medicaid services under the federal Clinical Laboratory
9Improvement Amendments of 1988 to collect a specimen, carry out laboratory
10analysis of the specimen, store the specimen for a confirmation test if required,
11complete a confirmation test, and provide review by a medical review officer.
SB887,62,1312
(k) “Screening” means completing a questionnaire specified by the department
13regarding an individual's current and prior use of any controlled substance.
SB887,62,1514
(L) “Specimen” means tissue, fluid, or any other product of the human body
15required to be submitted by an individual for testing under this section.
SB887,62,2116
(m) “Trauma-informed” means operating under the understanding of the
17science of adverse childhood experiences, toxic stress, trauma, and resilience,
18incorporating that understanding into organizational culture, policies, programs,
19and practices, and adhering to trauma-informed principles such as safety,
20trustworthiness and transparency, peer support, collaboration and mutuality,
21empowerment, and cultural, historical, and gender issue recognition.
SB887,63,422
(n) “Treatment” means any service that is conducted under clinical supervision
23to assist an individual through the process of recovery from controlled substance
24abuse, including screening, application of approved placement criteria, intake,
25orientation, assessment, individualized treatment planning, intervention,
1individual or group and family counseling, referral, discharge planning, after care
2or continuing care, record keeping, consultation with other professionals regarding
3treatment services, recovery and case management, crisis intervention, education,
4employment, and problem resolution in life skills functioning.
SB887,63,105
(o) “Treatment program” means a program certified by the department to
6provide treatment for controlled substance abuse as a medically managed inpatient
7service, a medically monitored treatment service, a day treatment service, an
8outpatient treatment service, a transitional residential treatment service, or a
9narcotic treatment service for opiate addiction or, as approved by the department,
10psychosocial rehabilitation services.
SB887,63,1411
(p) “Treatment provider” means a provider of treatment for controlled
12substance abuse certified by the department, a provider certified under s. 440.88, or
13a licensed professional who meets criteria established by the department of safety
14and professional services.
SB887,63,20
15(2) Notice of requirement. An administering agency shall provide
16information in a format approved by the department to any individual who expresses
17interest in or is referred to participate in an employment and training program to
18explain the requirement for participants in certain employment and training
19programs to undergo screening, testing, and treatment for abuse of controlled
20substances.
SB887,64,6
21(3) Administering and evaluating a controlled substance abuse screening
22questionnaire. (a) At the time of application and at annual redetermination for
23eligibility in the food stamp program, an administering agency shall administer to
24any able-bodied adult who is subject to the work requirement under s. 49.79 (10) (a)
25and intends on meeting the work requirement through participation in the
1employment and training program a controlled substance abuse screening
2questionnaire approved by the department, which may include questions related to
3controlled substance abuse-related criminal background and controlled substance
4abuse. The administering agency shall determine whether answers to the controlled
5substance abuse screening questionnaire indicate possible use of a controlled
6substance without a valid prescription by the able-bodied adult.