AB56: Bill Text

AB56,637 Section 637. 49.155 (7) (b) of the statutes is repealed and recreated to read:

AB56,524,22 49.155 (7) (b) 1. If a person subject to a background check under s. 48.686 (2) who operates, works at, or resides at a child care provider has been convicted or adjudicated delinquent for committing an offense that is not a serious crime, as defined in s. 48.686 (1) (c), but the department determines under s. 48.686 (5m) that the offense substantially relates to the care of children or the department determines that the offense substantially relates to the operation of a business, the department or the county department under s. 46.215, 46.22, or 46.23 may refuse to allow payment to the child care provider for child care provided under this section.

AB56,525,5 2. If a person subject to a background check under s. 48.686 (2) who operates, works at, or resides at a child care provider is the subject of a pending criminal charge or delinquency petition for committing an offense that is not a serious crime, as defined in s. 48.686 (1) (c), but the department determines under s. 48.686 (5m) that the offense substantially relates to the care of children or the department determines that the offense substantially relates to the operation of a business, the department or the county department under s. 46.215, 46.22, or 46.23 may refuse to allow payment to the child care provider for child care provided under this section.

AB56,638 Section 638. 49.159 (1) (a) (intro.) of the statutes is amended to read:

AB56,525,12 49.159 (1) (a) (intro.) An individual who would be eligible under s. 49.145 except that the individual is the noncustodial parent of a dependent child is eligible for services and benefits under par. (b) if the individual is subject to a child support order, the individual satisfies all of the requirements related to substance abuse screening, testing, and treatment under s. 49.162 that apply to the individual, and any of the following applies to the custodial parent of the dependent child:

AB56,639 Section 639. 49.161 (1) (title) of the statutes is amended to read:

AB56,525,15 49.161 (1) (title) Trial employment match program jobs Subsidized employment placement overpayments.

AB56,640 Section 640. 49.162 of the statutes is repealed.

AB56,641 Section 641. 49.163 (2) (am) 7. of the statutes is repealed.

AB56,642 Section 642. 49.164 of the statutes is created to read:

AB56,525,22 49.164 Transform Milwaukee Jobs for Childless Adults. The department shall establish a program identical to the Transform Milwaukee Jobs program under s. 49.163 except that a participant is not required to meet the eligibility criterion under s. 49.163 (2) (am) 2.

AB56,643 Section 643 . 49.175 (1) (intro.) of the statutes is amended to read:

AB56,526,4 49.175 (1) Allocation of funds. (intro.) In this section, with respect to any of the following that fund a contract for services, “allocation” means the amount under the contract that the department is obligated to pay. Except as provided in subs. sub. (2) and (3), within the limits of the appropriations under s. 20.437 (2) (a), (cm), (dz), (k), (kx), (L), (mc), (md), (me), and (s) and (3) (kp), the department shall allocate the following amounts for the following purposes:

AB56,644 Section 644. 49.175 (1) (a), (b), (c), (f), (g), (i), (k), (m), (n), (o), (p), (q), (qm), (r), (s), (t), (u), (w), (y), (z) and (zh) of the statutes are amended to read:

AB56,526,9 49.175 (1) (a) Wisconsin Works benefits. For Wisconsin Works benefits, $42,500,000 $41,156,900 in fiscal year 2017-18 2019-20 and $44,625,000 $41,157,200 in fiscal year 2018-19 2020-21.

AB56,526,13 (b) Wisconsin Works agency contracts; job access loans. For contracts with Wisconsin Works agencies under s. 49.143 and for job access loans under s. 49.147 (6), $52,000,000 $51,528,300 in fiscal year 2017-18 2019-20 and $54,600,000 $51,528,300 in fiscal year 2018-19 2020-21.

AB56,526,16 (c) Case management incentive payments. For supplement payments to individuals under s. 49.255, $2,700,000 in fiscal year 2017-18 2019-20 and $2,700,000 in fiscal year 2018-19 2020-21.

AB56,526,20 (f) Homeless case management services grants. For grants to shelter facilities under s. 16.3085, $500,000 $1,000,000 in each fiscal year. All moneys allocated under this paragraph shall be credited to the appropriation account under s. 20.505 (7) (kg).

AB56,526,24 (g) State administration of public assistance programs and overpayment collections. For state administration of public assistance programs and the collection of public assistance overpayments, $15,987,000 $16,461,200 in fiscal year 2017-18 2019-20 and $15,902,900 $16,608,300 in fiscal year 2018-19 2020-21.

AB56,527,3 (i) Emergency assistance. For emergency assistance under s. 49.138 and for transfer to the department of administration for low-income energy or weatherization assistance programs, $7,000,000 $6,000,000 in each fiscal year.

AB56,527,7 (k) Transform Milwaukee and Transitional Jobs programs. For contract costs under the Transform Milwaukee Jobs program and the Transitional Jobs program under s. 49.163, $7,000,000 $8,000,000 in fiscal year 2017-18 2019-20 and $8,000,000 $9,000,000 in fiscal year 2018-19 2020-21.

AB56,527,9 (m) Children first. For services under the work experience program for noncustodial parents under s. 49.36, $1,140,000 $2,280,000 in each fiscal year.

AB56,527,13 (n) Fostering futures: connections count. For funding community connectors to interact with vulnerable families with young children and to connect families with formal and informal community support, $360,300 in fiscal year 2017-18 and $560,300 in fiscal year 2018-19 $560,300 in each fiscal year.

AB56,527,15 (o) Evidence-based substance abuse prevention grants. For grants awarded under s. 48.545 (2) (c), $500,000 in each fiscal year 2018-19.

AB56,527,18 (p) Direct child care services. For direct child care services under s. 49.155, $289,215,200 or 49.257, $367,967,800 in fiscal year 2017-18 2019-20 and $318,369,200 $376,852,600 in fiscal year 2018-19 2020-21.

AB56,527,22 (q) Child care state administration and licensing activities. For state administration of child care programs under s. 49.155 and for child care licensing activities, $36,189,400 $39,722,100 in fiscal year 2017-18 2019-20 and $36,030,000 $40,215,200 in fiscal year 2018-19 2020-21.

AB56,527,25 (qm) Quality care for quality kids. For the child care quality improvement activities specified in s. ss. 49.155 (1g) and 49.257, $15,652,700 $16,532,900 in each fiscal year 2019-20 and $16,683,700 in fiscal year 2020-21.

AB56,528,3 (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, $26,938,000 $25,013,300 in each fiscal year.

AB56,528,10 (s) Kinship care and long-term kinship care assistance. For kinship care and long-term kinship care payments under s. 48.57 (3m) (am) and (3n) (am), for assessments to determine eligibility for those payments, and for agreements under s. 48.57 (3t) with the governing bodies of Indian tribes for the administration of the kinship care and long-term kinship care programs within the boundaries of the reservations of those tribes, $22,012,100 $26,847,200 in fiscal year 2017-18 2019-20 and $22,741,200 $28,448,100 in fiscal year 2018-19 2020-21.

AB56,528,19 (t) Safety and out-of-home placement services. For services provided to ensure the safety of children who the department or a county determines may remain at home if appropriate services are provided, and for services provided to families with children placed in out-of-home care, $6,282,500 $9,300,900 in fiscal year 2017-18 2019-20 and $7,314,300 $10,191,900 in fiscal year 2018-19 2020-21. To receive funding under this paragraph, a county shall match a percentage of the amount received that is equal to the percentage the county is required to match for a distribution under s. 48.563 (2) as specified by the schedule established by the department under s. 48.569 (1) (d).

AB56,528,22 (u) Prevention services. For services to prevent child abuse or neglect, $5,289,600 in each fiscal year $6,302,100 in fiscal year 2019-20 and $7,464,600 in fiscal year 2020-21.

AB56,529,3 (w) Wisconsin Community Services grants. For a grant to Wisconsin Community Services for the community building workshop facilitator training to provide services that are targeted to individuals in the city of Milwaukee who are eligible for funds under the federal Temporary Assistance for Needy Families block grant program under 42 USC 601 et seq., $400,000 in each fiscal year , and for a grant to the We Got This program in the city of Milwaukee, $25,000 in each fiscal year.

AB56,529,6 (y) Offender reentry demonstration project. For the offender reentry demonstration project under s. 49.37 (1), $187,500 in fiscal year 2017-18 and $250,000 in fiscal year 2018-19 $825,000 in each fiscal year.

AB56,529,24 (z) Grants to the Boys and Girls Clubs of America. For grants to the Wisconsin Chapter of the Boys and Girls Clubs of America to fund programs that improve social, academic, and employment skills of youth who are eligible to receive temporary assistance for needy families under 42 USC 601 et seq., focusing on study habits, intensive tutoring in math and English, and exposure to career options and role models, $1,275,000 $2,675,000 in each fiscal year. Grants provided under this paragraph may not be used by the grant recipient to replace funding for programs that are being funded, when the grant proceeds are received, with moneys other than those from the appropriations specified in sub. (1) (intro.). The total amount of the grants includes funds for the Green Bay Boys and Girls Clubs for the BE GREAT: Graduate program in the amount of matching funds that the program provides, up to $75,000 $1,400,000 in each fiscal year, to be used only for activities for which federal Temporary Assistance for Needy Families block grant moneys may be used. The total amount of the grants also includes funds to be equally distributed among the Milwaukee, Oshkosh, and Appleton Boys and Girls Clubs for the BE GREAT: Graduate program in the amount of matching funds that the program provides, up to $100,000 in each fiscal year, to be used only for activities for which federal Temporary Assistance for Needy Families block grant moneys may be used.

AB56,530,4 (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, $69,700,000 in each fiscal year $85,700,000 in fiscal year 2019-20 and $86,700,000 in fiscal year 2020-21.

AB56,645 Section 645. 49.175 (2) (a) of the statutes is amended to read:

AB56,530,17 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) 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 if the secretary of administration approves the reallocation.

AB56,646 Section 646. 49.175 (2) (c) of the statutes is amended to read:

AB56,531,8 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 joint committee on finance secretary of administration for reducing the amounts of moneys allocated under sub. (1). 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, 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 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 allocate the moneys as specified in the plan only upon approval of the committee.

AB56,647 Section 647 . 49.175 (3) of the statutes is repealed.

AB56,648 Section 648. 49.257 of the statutes is created to read:

AB56,531,12 49.257 Milwaukee child care grant program. (1) In this section, “child care provider” has the meaning given in s. 49.155 (1) (ag).

AB56,531,21 (2) From the allocation under s. 49.175 (1) (p), the department may award grants to child care providers to support access to high-quality child care for families that reside in a geographic area with high-poverty levels, as identified by the department, in the city of Milwaukee. A grant under this section may be used for start-up costs, ongoing operational costs, including subsidy payments for eligible families, and quality improvement activities. A child care provider that is awarded a grant under this subsection shall contribute matching funds equal to 25 percent of the amount awarded. The matching contribution may be in the form of money or in-kind goods or services.

AB56,531,24 (3) From the allocation under s. 49.175 (1) (qm), the department may award grants to any of the following to improve overall child care quality in the geographic area identified under sub. (2):

AB56,531,25 (a) Child care providers and employees of child care providers.

AB56,532,2 (b) Educational institutions for the purpose of educating employees of child care providers.

AB56,649 Section 649. 49.36 (3) (a) of the statutes is amended to read:

AB56,532,6 49.36 (3) (a) Except as provided in par. (f) and subject to sub. (3m), a person ordered to register under s. 767.55 (2) (am) shall participate in a work experience program if services are available.

AB56,650 Section 650. 49.36 (3m) of the statutes is repealed.

AB56,651 Section 651. 49.45 (2) (a) 23. of the statutes is amended to read:

AB56,532,12 49.45 (2) (a) 23. Promulgate rules that define “supportive services", “personal services" and “nursing services" provided in a certified residential care apartment complex, as defined under s. 50.01 (6d), for purposes of reimbursement under ss. 46.27 (11) (c) 7. and s. 46.277 (5) (e).

AB56,652 Section 652. 49.45 (2p) of the statutes is repealed.

AB56,653 Section 653. 49.45 (2t) of the statutes is repealed.

AB56,654 Section 654. 49.45 (3) (a) of the statutes is amended to read:

AB56,532,20 49.45 (3) (a) Reimbursement shall be made to each county department under ss. 46.215, 46.22, and 46.23 for any administrative services performed in the Medical Assistance program on the basis of s. 49.78 (8). For purposes of reimbursement under this paragraph, assessments completed under s. 46.27 (6) (a) are administrative services performed in the Medical Assistance program.

AB56,655 Section 655. 49.45 (3) (e) 11. of the statutes is amended to read:

AB56,533,8 49.45 (3) (e) 11. The department shall use a portion of the moneys collected under s. 50.38 (2) (a) to pay for services provided by eligible hospitals, as defined in s. 50.38 (1), other than critical access hospitals, under the Medical Assistance Program under this subchapter, including services reimbursed on a fee-for-service basis and services provided under a managed care system. For state fiscal year 2008-09, total payments required under this subdivision, including both the federal and state share of Medical Assistance, shall equal the amount collected under s. 50.38 (2) (a) for fiscal year 2008-09 divided by 57.75 percent. For each state fiscal year after state fiscal year 2008-09, total payments required under this subdivision, including both the federal and state share of Medical Assistance, shall equal the amount collected under s. 50.38 (2) (a) for the fiscal year divided by 61.68 53.69 percent.

AB56,656 Section 656 . 49.45 (3) (e) 12. of the statutes is amended to read:

AB56,533,17 49.45 (3) (e) 12. The department shall use a portion of the moneys collected under s. 50.38 (2) (b) to pay for services provided by critical access hospitals under the Medical Assistance Program under this subchapter, including services reimbursed on a fee-for-service basis and services provided under a managed care system. For each state fiscal year, total payments required under this subdivision, including both the federal and state share of Medical Assistance, shall equal the amount collected under s. 50.38 (2) (b) for the fiscal year divided by 61.68 53.69 percent.

AB56,657 Section 657. 49.45 (3m) (a) (intro.) of the statutes is amended to read:

AB56,533,25 49.45 (3m) (a) (intro.) Subject to par. (c) and notwithstanding sub. (3) (e), from the appropriations under s. 20.435 (4) (b) and (o), in each fiscal year, the department shall pay to hospitals that serve a disproportionate share of low-income patients an amount equal to the sum of $27,500,000 $56,500,000, as the state share of payments, and the matching federal share of payments. The department may make a payment to a hospital under this subsection under the calculation method described in par. (b) if the hospital meets all of the following criteria:

AB56,658 Section 658. 49.45 (3m) (b) 3. a. of the statutes is amended to read:

AB56,534,5 49.45 (3m) (b) 3. a. No single hospital receives more than $4,600,000 $9,200,000, except that a hospital that is a free-standing pediatric teaching hospital located in Wisconsin that has a percentage calculated under subd. 1. a. greater than 50 percent may receive up to $12,000,000 each fiscal year.

AB56,659 Section 659. 49.45 (3p) (a) of the statutes is amended to read:

AB56,534,20 49.45 (3p) (a) Subject to par. (c) and notwithstanding sub. (3) (e), from the appropriations under s. 20.435 (4) (b) and (o), in each fiscal year, the department shall pay to hospitals that would are not eligible for payments under sub. (3m) but that meet the criteria under sub. (3m) (a) except that the hospitals do not provide obstetric services 1. and 2. and that, in the most recent year for which information is available, charged at least 6 percent of overall charges for services to the Medical Assistance program for services provided to Medical Assistance recipients an amount equal to the sum of $250,000 $500,000, as the state share of payments, and the matching federal share of payments. The department may make a payment to a hospital under this subsection under a calculation method determined by the department that provides a fee-for-service supplemental payment that increases as the hospital's percentage of inpatient days for Medical Assistance recipients at the hospital the total amount of the hospital's overall charges for services that are charges to the Medical Assistance program increases.

AB56,660 Section 660. 49.45 (5) (a) of the statutes is amended to read:

AB56,535,2 49.45 (5) (a) Any person whose application for medical assistance is denied or is not acted upon promptly or who believes that the payments made in the person's behalf have not been properly determined or that his or her eligibility has not been properly determined may file an appeal with the department pursuant to par. (b). Review is unavailable if the decision or failure to act arose more than 45 days before submission of the petition for a hearing, except as provided in par. (ag) or (ar).

AB56,661 Section 661. 49.45 (5) (ag) of the statutes is created to read:

AB56,535,9 49.45 (5) (ag) A person shall request a hearing within 90 days of the date of receipt of a notice from a care management organization or managed care organization upholding its adverse benefit determination relating to any of the following or within 90 days of the date the care management organization or managed care organization failed to act on the contested matter within the time specified by the department:

AB56,535,12 1. Denial or limited authorization of a requested services, including a determination based on the type or level of service, requirement for medical necessity, appropriateness, setting, or effectiveness of a covered benefit.

AB56,535,15 2. Reduction, suspension, or termination of a previously authorized service, unless the service was only authorized for a limited amount or duration and that amount or duration has been completed.

AB56,535,16 3. Denial, in whole or in part, of payment for a service.

AB56,535,17 4. Failure to provide services in a timely manner.

AB56,535,20 5. Failure of a care management organization or managed care organization to act within the time frames provided in 42 CFR 438.408 (b) (1) and (2) regarding the standard resolution of grievances and appeals.

AB56,535,23 6. Denial of an enrollee's request to dispute financial liability, including copayments, premiums, deductibles, coinsurance, other cost sharing, and other member financial liabilities.

AB56,536,3 7. Denial of an enrollee, who is a resident of a rural area with only one care management organization or managed care organization, to obtain services outside the organization's network of contracted providers.

AB56,662 Section 662. 49.45 (5) (ar) of the statutes is created to read:

AB56,536,6 49.45 (5) (ar) If a federal regulation specifies a different time limit to request a hearing than par. (a) or (ag), the time limit in the federal regulation shall apply.

AB56,663 Section 663. 49.45 (5) (b) 1. (intro.) of the statutes is amended to read:

AB56,536,21 49.45 (5) (b) 1. (intro.) Upon receipt of a timely petition under par. (a) the department shall give the applicant or recipient reasonable notice and opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or recipient and, if a county department under s. 46.215, 46.22, or 46.23 is responsible for making the medical assistance determination, to the county clerk of the county. The county may be represented at such hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient, to the county clerk, and to any county officer charged with administration of the Medical Assistance program. The decision of the department shall have the same effect as an order of a county officer charged with the administration of the Medical Assistance program. The decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for a hearing or shall refuse to grant relief if:

AB56,664 Section 664. 49.45 (5) (b) 1. d. of the statutes is created to read:

AB56,537,2 49.45 (5) (b) 1. d. The issue is an adverse benefit determination described in par. (ag) 1. to 7. made by a care management organization or managed care organization and the person requesting the hearing has not exhausted the internal appeal procedure with the organization.

AB56,665 Section 665. 49.45 (6m) (c) 5. of the statutes is amended to read:

AB56,537,6 49.45 (6m) (c) 5. Admit only patients assessed or who waive or are exempt from the requirement of assessment under s. 46.27 (6) (a) or, if required under s. 50.035 (4n) or 50.04 (2h), who have been referred to a resource center.