2021 - 2022 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 235
April 13, 2021 - Offered by Representatives Anderson, Baldeh,
Brostoff, Cabrera, Conley, Considine, Doyle, Drake, Emerson, Goyke,
Haywood, Hebl, Hesselbein, Hintz, Hong, McGuire, B. Meyers, Milroy,
Moore Omokunde, L. Myers, Neubauer, Ohnstad, Ortiz-Velez, Pope,
Riemer, S. Rodriguez, Shankland, Shelton, Sinicki, Snodgrass, Spreitzer,
Stubbs, Subeck, Vining and Vruwink.
1An Act to repeal
49.45 (2p) and 49.45 (23); to amend
20.435 (4) (jw), 49.45 (23b) 2
(title), 49.45 (23b) (b), 49.45 (23b) (c), 49.45 (23b) (e), 49.471 (4) (a) 4. b. and 3
49.686 (3) (d); and to create
20.192 (1) (bm), 20.835 (2) (ca), 49.471 (1) (cr), 4
49.471 (4) (a) 8., 49.471 (4g) and 238.18 of the statutes; relating to: rural
5economic development programs administered by the Wisconsin Economic
6Development Corporation, farm support grants, eligibility expansion under the
7Medical Assistance program, and making an appropriation.
Analysis by the Legislative Reference Bureau
Rural economic development
This bill appropriates $200,000,000 in general purpose revenue for the
Wisconsin Economic Development Corporation to do all of the following:
1. Expend moneys for any economic development program WEDC is
administering as of the date on which the bill becomes law if the expenditure assists
economic development in a rural county.
2. Expend moneys for any economic development program WEDC begins
administering after the date on which the bill becomes law if the expenditure assists
economic development in a rural county. The bill requires passive review by the Joint
Committee on Finance before WEDC first expends moneys under the bill on each
such program and requires WEDC to adopt policies and procedures establishing, to
the extent feasible, matching requirements for any such expenditure.
3. Subject to passive review by JCF, award grants to state agencies, including
other authorities, if WEDC determines that a state agency's expenditure of the grant
moneys will assist economic development in a rural county.
4. Award onetime grants to certain county and regional economic development
organizations serving rural counties for the purpose of creating or expanding
revolving loan funds that promote economic development and entrepreneurial
start-ups in rural counties. The bill additionally authorizes WEDC to award limited
onetime grants to such organizations for the organizations' program operations and
marketing in rural counties.
With respect to WEDC's administration of all of the programs described above,
the bill requires WEDC to make every effort to ensure that underserved communities
in rural counties are prioritized. Additionally, under the bill, WEDC must submit
a report to JCF no later than June 30 of each fiscal year in which WEDC expends
moneys under the bill that describes in detail WEDC's use of those moneys in that
Farm support grants
The bill also requires the Department of Revenue to provide grants to farmers.
The total amount of the grants is $100,000,000. Under the bill, a farmer is eligible
for a grant if the farmer's gross sales of farm products for 2019 exceeds $35,000 but
not does exceed $5,000,000 and the farmer has experienced financial hardship as a
result of the COVID-19 pandemic. The bill directs DOR to consult with the
Department of Agriculture, Trade and Consumer Protection in providing the grants.
Eligibility expansion under the Medical Assistance program
BadgerCare Plus and BadgerCare Plus Core are programs under the state's
Medical Assistance program, which provides health services to individuals who have
limited financial resources. The federal Patient Protection and Affordable Care Act
allows a state to receive an enhanced federal medical assistance percentage payment
for providing benefits to certain individuals through a state's Medical Assistance
program. This bill changes the family income eligibility level to up to 133 percent
of the federal poverty line for parents and caretaker relatives under BadgerCare Plus
and for childless adults currently covered under BadgerCare Plus Core and who are
incorporated into BadgerCare Plus in this bill. The bill requires the Department of
Health Services to comply with all federal requirements and to request any
amendment to the state Medical Assistance plan, waiver of Medicaid law, or other
federal approval necessary to qualify for the highest available enhanced federal
medical assistance percentage for childless adults under the BadgerCare Plus
Under current law, certain parents and caretaker relatives with incomes of not
more than 100 percent of the federal poverty line, before a 5 percent income disregard
is applied, are eligible for BadgerCare Plus benefits. Under current law, childless
adults who 1) are under age 65; 2) have family incomes that do not exceed 100 percent
of the federal poverty line, before the 5 percent income disregard is applied; and 3)
are not otherwise eligible for Medical Assistance, including BadgerCare Plus, are
eligible for benefits under BadgerCare Plus Core. The bill eliminates the childless
adults demonstration project, known as BadgerCare Plus Core, as a separate
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
20.192 (1) (bm) of the statutes is created to read:
(bm) Rural economic development.
The amounts in the schedule for 5
rural economic development programs and grants to authorities and state agencies 6
under s. 238.18.
20.435 (4) (jw) of the statutes is amended to read:
(jw) BadgerCare Plus and hospital assessment.
All moneys received
9from payment of enrollment fees under the program under s. 49.45 (23), all
transferred under s. 50.38 (9), all moneys transferred from the appropriation account
under par. (jz), and 10 percent of all moneys received from penalty assessments 2
under s. 49.471 (9) (c), for administration of the program under s. 49.45 (23),
provide a portion of the state share of administrative costs for the BadgerCare Plus 4
Medical Assistance program under s. 49.471,
and for administration of the hospital 5
assessment under s. 50.38.
20.835 (2) (ca) of the statutes is created to read:
(ca) Farm support grants
. The amounts in the schedule to make the 8
farm support grants under section 9137 (1
) of 2021 Wisconsin Act .... (this act).
49.45 (2p) of the statutes is repealed.
49.45 (23) of the statutes is repealed.
49.45 (23b) (title) of the statutes is amended to read:
(title) Childless adults
demonstration project reform waiver
49.45 (23b) (b) of the statutes is amended to read:
(b) Beginning as soon as practicable after October 31, 2018, and 16
ending no sooner than December 31, 2023, the department shall do all of the 17
following with regard to the
under sub. (23)
18s. 49.471 (4) (a) 8.
1. Require in each month persons, except exempt individuals, who are eligible 20
to receive Medical Assistance under sub. (23)
s. 49.471 (4) (a) 8.
and who are at least 21
19 years of age but have not attained the age of 50 to participate in, document, and 22
report 80 hours per calendar month of community engagement activities. The 23
department, after finding good cause, may grant a temporary exemption from the 24
requirement under this subdivision upon request of a Medical Assistance recipient.
2. Require persons with incomes of at least 50 percent of the poverty line to pay 2
premiums in accordance with par. (c) as a condition of eligibility for Medical 3
Assistance under sub. (23) s. 49.471 (4) (a) 8
3. Require as a condition of eligibility for Medical Assistance under
sub. (23) 5s. 49.471 (4) (a) 8.
completion of a health risk assessment.
4. Charge recipients of Medical Assistance under sub. (23) s. 49.471 (4) (a) 8. 7
an $8 copayment for nonemergency use of the emergency department in accordance 8
with 42 USC 1396o-1
(e) (1) and 42 CFR 447.54
5. Disenroll from Medical Assistance under sub. (23) s. 49.471 (4) (a) 8.
for 6 10
months any individual who does not pay a required premium under subd. 2. and any 11
individual who is required under subd. 1. to participate in a community engagement 12
activity but who does not participate for 48 aggregate months in the community 13
49.45 (23b) (c) of the statutes is amended to read:
(c) 1. Persons who are eligible for the demonstration project
under 16sub. (23) s. 49.471 (4) (a) 8.
and who have monthly household income that exceeds 17
50 percent of the poverty line shall pay a monthly premium amount of $8 per 18
household. A person who is eligible to receive an item or service furnished by an 19
Indian health care provider is exempt from the premium requirement under this 20
2. The department may disenroll under par. (b) 5. a person for nonpayment of 22
a required monthly premium only at annual eligibility redetermination after 23
providing notice and reasonable opportunity for the person to pay. If a person who 24
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 2
under sub. (23) s. 49.471 (4) (a) 8
3. The department shall reduce the amount of the required household premium 4
by up to half for a recipient of Medical Assistance under sub. (23) s. 49.471 (4) (a) 8. 5
who does not engage in certain behaviors that increase health risks or who attests 6
to actively managing certain unhealthy behaviors.
49.45 (23b) (e) of the statutes is amended to read:
(e) Before December 31, 2023, the
demonstration project 9
requirements under this subsection may not be withdrawn and the department may 10
not request from the federal government withdrawal, suspension, or termination of 11
the demonstration project
requirements under this subsection unless legislation has 12
been enacted specifically allowing for the withdrawal, suspension, or termination.
49.471 (1) (cr) of the statutes is created to read:
(cr) “Enhanced federal medical assistance percentage" means a 15
federal medical assistance percentage described under 42 USC 1396d
(y) or (z).
49.471 (4) (a) 4. b. of the statutes is amended to read:
(a) 4. b. The individual's family income does not exceed 100 133 18
percent of the poverty line before application of the 5 percent income disregard under
1942 CFR 435.603 (d)
49.471 (4) (a) 8. of the statutes is created to read: