Amendment ASA1-AB591

AB591-ASA1,66,2 (4) Wisconsin works health plan. (a) Health maintenance organization contract. The department of health and family services shall contract with one or more health maintenance organizations or other health care providers to provide health care services under this subsection. Each contract for the provision of health care services entered into by the department of health and family services under this subsection shall be awarded on the basis of a competitive process in accordance with procedures established by the department of health and family services.

AB591-ASA1,66,5 (b) Health care services provided. 1. Except as provided in subd. 2., the Wisconsin works health plan shall cover the care and services specified under s. 49.46 (2).

AB591-ASA1,66,8 2. Except as otherwise required under a federal waiver received under 42 USC 1315, the Wisconsin works health plan shall not cover the following goods and services:

AB591-ASA1,66,10 a. Home care, as defined in s. 632.895 (1) (b), in excess of the minimum required under s. 632.895 (2).

AB591-ASA1,66,11 b. Skilled nursing care in excess of the minimum required under s. 632.895 (3).

AB591-ASA1,66,12 c. Over-the-counter drugs.

AB591-ASA1,66,14 d. Treatment of nervous or mental disorders and alcoholism or other drug abuse problems in excess of the minimum coverage required under s. 632.89 (2).

AB591-ASA1,66,15 e. Services described under 42 USC 1396d (r) (5).

AB591-ASA1,66,20 (c) Distribution of payments. From the appropriations under s. 20.435 (1) (b) and (o), the department of health and family services shall make payments to a health maintenance organization or other health care provider with which the department of health and family services has contracted under par. (a) in accordance with a payment schedule established by contract.

AB591-ASA1,67,8 (d) Premiums. Except as otherwise provided in this paragraph, an individual who receives the Wisconsin works health plan shall pay to the Wisconsin works agency a monthly premium in accordance with criteria based on income and family size and established by the department of health and family services in consultation with the department of industry, labor and job development. The department of industry, labor and job development or the Wisconsin works agency shall deduct the established premium from a trial job participant's wages. The Wisconsin works agency shall deduct the established premium from the monthly grant payment of a participant in a community service job and from the monthly grant of a participant in a transitional placement. The Wisconsin works agency shall remit to the department of industry, labor and job development in the manner prescribed by the department of industry, labor and job development all premium payments that the Wisconsin works agency receives under this paragraph.

AB591-ASA1, s. 92 Section 92. 49.155 of the statutes is created to read:

AB591-ASA1,67,11 49.155 Wisconsin works; child care subsidy. (1) Definitions. In this section:

AB591-ASA1,67,13 (a) "Level I day care provider" means a day care provider certified under s. 48.651 (1) (a).

AB591-ASA1,67,15 (b) "Level II day care provider" means a day care provider certified under s. 48.651 (1) (b).

AB591-ASA1,67,19 (1m) Eligibility. A Wisconsin works agency shall determine eligibility for a child care subsidy under this section. Under this section, an individual may receive a subsidy for child care for a child who has not attained the age of 10 if the individual meets all of the following conditions:

AB591-ASA1,68,2 (a) The individual is a custodial parent of a child who is under the age of 10, or is a person who, under s. 48.57 (3m), is providing care and maintenance for a child who is under the age of 10, and child care services for that child are needed in order for the individual to meet the school attendance requirement under s. 49.26 (1) (ge) or to work in an unsubsidized job or a Wisconsin works employment position or participate in any of the following activities approved by the Wisconsin works agency:

AB591-ASA1,68,3 1. Training provided by an employer during the regular hours of employment.

AB591-ASA1,68,5 2. Other employment skills training, as defined by the department by rule, if the individual meets any of the following conditions:

AB591-ASA1,68,7 a. The individual has been employed in unsubsidized employment for 9 consecutive months and continues to be so employed.

AB591-ASA1,68,8 b. The individual is a participant in a Wisconsin works employment position.

AB591-ASA1,68,12 (b) The individual meets the eligibility conditions under s. 49.145 (2) (c) to (g) and (3) (a), except that an individual may be eligible for a child care subsidy under this section regardless of the number of days the individual has resided in this state prior to applying for the child care subsidy.

AB591-ASA1,68,16 (c) The gross income of the individuals's family is at or below 165% of the poverty line for a family the size of the individual's family. In calculating the gross income of the family, the department shall include income described under s. 49.145 (3) (b) 1. to 3.

AB591-ASA1,68,18 (d) The individual satisfies other eligibility criteria established by the department by rule.

AB591-ASA1,68,21 (2) Distribution of child care funds. From the appropriation under s. 20.445 (3 (dz), the department shall distribute funds allocated for child care services under this section.

AB591-ASA1,68,24 (3) County administration. (a) A Wisconsin works agency shall refer an individual who has been determined eligible under sub. (1m) to a county department under s. 46.215, 46.22 or 46.23 for child care assistance.

AB591-ASA1,69,4 (b) The county department under s. 46.215, 46.22 or 46.23 shall administer child care assistance under this section. In administering child care assistance under this section, the county department under s. 46.215, 46.22 or 46.23 shall do all of the following:

AB591-ASA1,69,5 1. Determine an individual's liability under sub. (5).

AB591-ASA1,69,7 2. Provide a voucher to an eligible individual for the payment of child care services provided by a child care provider.

AB591-ASA1,69,8 3. Set maximum reimbursement rates as provided under sub. (6) (b).

AB591-ASA1,69,9 4. Reimburse child care providers.

AB591-ASA1,69,10 5. Certify child care providers under s. 48.651.

AB591-ASA1,69,13 6. Assist individuals who are eligible for child care subsidies under this section to identify available child care providers and select appropriate child care arrangements.

AB591-ASA1,69,17 (4) Choice of provider. An eligible individual shall choose whether the child care will be provided by a day care center licensed under s. 48.65, a Level I day care provider, a Level II day care provider or a day care program provided or contracted for by a school board under s. 120.13 (14).

AB591-ASA1,69,21 (5) Liability for payment. An individual who receives aid under this section is liable for a percentage of the cost of child care received, payable in accordance with a sliding scale formula established by the department that is based on the individual's ability to pay and the cost of the child care.

AB591-ASA1,70,2 (6) Child care rates and quality standards. (a) The department shall establish the maximum rate that a county department under s. 46.215, 46.22 or 46.23 may pay for child care services provided under this section. The department shall set the rate so that at least 75% of the number of places for children within the licensed capacity of all child care providers in each county or in a multicounty area determined by the department can be purchased at or below that maximum rate.

AB591-ASA1,70,6 (b) The department shall set a maximum rate that a county department under s. 46.215, 46.22 or 46.23 may pay for Level I day care providers for services provided to eligible individuals. The maximum rate set under this paragraph may not exceed 75% of the rate established under par. (a).

AB591-ASA1,70,10 (c) The department shall set a maximum rate that a county department under s. 46.215, 46.22 or 46.23 may pay for Level II day care providers for services provided to eligible individuals. The maximum rate set under this paragraph may not exceed 50% of the rate established under par. (a).

AB591-ASA1,70,13 (d) The department may establish a system of rates for child care programs that exceed the quality of care standards required for licensure under s. 48.65 or for certification under s. 48.651 (1) (a).

AB591-ASA1,70,17 (7) Refusal to pay child care providers. The department or the county department under s. 46.215, 46.22 or 46.23 may refuse to pay a child care provider for child care provided under this section if any of the following applies to the child care provider, employe or person living on the premises where child care is provided:

AB591-ASA1,70,20 (a) The person has been convicted of a felony or misdemeanor that the department or county department determines substantially relates to the care of children.

AB591-ASA1,70,22 (b) The person is the subject of a pending criminal charge that the department or county department determines substantially relates to the care of children.

AB591-ASA1,70,24 (c) The person has been determined under s. 48.981 to have abused or neglected a child.

AB591-ASA1, s. 93 Section 93. 49.157 of the statutes is created to read:

AB591-ASA1,71,3 49.157 Wisconsin works; transportation costs. (1) Assistance. In accordance with rules promulgated by the department, a Wisconsin works agency may grant financial assistance to a participant for transportation costs.

AB591-ASA1,71,6 (2) Distribution of funds. The department shall distribute to the Wisconsin works agencies the funds allocated under s. 49.181 (1) (h) for transportation assistance provided under sub. (1).

AB591-ASA1, s. 94 Section 94. 49.159 of the statutes is created to read:

AB591-ASA1,71,15 49.159 Wisconsin works; noncustodial and minor and other custodial parents. (1) Noncustodial parents. 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 under this subsection if the dependent child's custodial parent is a participant and if the individual pays child support pursuant to a court order. The Wisconsin works agency may provide job search assistance and case management designed to enable eligible noncustodial parents to obtain and retain employment.

AB591-ASA1,71,23 (2) Minor custodial parents; financial and employment counseling. A custodial parent who is under the age of 18 is eligible, regardless of that individual's or that individual's parent's income or assets, to meet with a financial and employment planner. The financial and employment planner may provide the individual with information regarding Wisconsin works eligibility, available child care services, employment and financial planning, family planning services, community resources, eligibility for food stamps and other food and nutrition programs.

AB591-ASA1,72,2 (3) Other custodial parents. A custodial parent in a Wisconsin works group in which the other custodial parent is a participant in a Wisconsin works employment position is eligible for employment training and job search assistance services provided by the Wisconsin works agency.

AB591-ASA1, s. 95 Section 95. 49.161 of the statutes is created to read:

AB591-ASA1,72,11 49.161 Wisconsin works; overpayments. (1) Trial jobs overpayments. Notwithstanding s. 49.96, the department shall recover an overpayment of benefits paid under s. 49.148 (1) (a) from an individual who receives or has received benefits paid under s. 49.148 (1) (a). The value of the benefit liable for recovery under this subsection may include the value of work performed by the individual in a trial job if the person was ineligible to receive the benefit at the time it was paid. The department shall promulgate rules establishing policies and procedures for administrating this subsection.

AB591-ASA1,72,15 (2) Community service jobs and transitional placements overpayments. The department shall recover an overpayment of benefits paid under s. 49.148 (1) (b) and (c) from an individual who continues to receive benefits under s. 49.148 (1) (b) and (c) by reducing the amount of the individual's benefit payment by no more than 10%.

AB591-ASA1, s. 96 Section 96. 49.181 of the statutes is created to read:

AB591-ASA1,72,23 49.181 Public assistance and local assistance funding. (1) Funds distribution. Except as provided in subs. (2) and (3), within the limits of the appropriation under s. 20.435 (4) (dz), the department shall allocate amounts under this subsection. In this subsection, references to "1993 stats." are as affected by the acts of 1995 that are enacted prior to the effective date of this subsection .... [revisor inserts date]. The department shall allocate the following amounts for the following purposes:

AB591-ASA1,73,5 (a) Child care for recipients and former recipients of aid to families with dependent children. For child care services under s. 49.50 (6g) and for child care services and related transportation costs under s. 49.50 (6e) and (6k) (b), the department shall allocate $4,713,000 in fiscal year 1995-96, less any amounts expended or encumbered in fiscal year 1995-96 from the appropriations under s. 20.435 (4) (cn), 1993 stats., and s. 20.435 (4) (df), 1993 stats., for the purposes specified under this paragraph, and $5,687,400 in fiscal year 1996-97.

AB591-ASA1,73,10 (b) Low-income and at-risk child care. For low-income and at-risk child care services under s. 46.98 (2m) to (4), the department shall allocate $5,576,100 in fiscal year 1995-96, less any amount expended or encumbered in fiscal year 1995-96 from the appropriation under s. 20.435 (7) (b) for the purposes specified under this paragraph, and $5,576,100 in fiscal year 1996-97.

AB591-ASA1,73,18 (c) Income maintenance payments to individuals. For income maintenance payments to individuals under s. 49.52 and for foster care and treatment foster care provided by nonlegally responsible relatives under state or county administered programs, if the relatives are licensed to operate foster homes or treatment foster homes under s. 48.62, the department shall allocate $141,277,600 in fiscal year 1995-96, less any amount expended or encumbered in fiscal year 1995-96 from the appropriation under s. 20.435 (4) (d), 1993 stats., for the purposes specified under this paragraph, and $122,684,200 in fiscal year 1996-97.

AB591-ASA1,73,25 (cm) Foster, treatment foster and kinship care. For foster care and treatment foster care provided by nonlegally responsible relatives under state or county administered programs, if the relatives are licensed to operate foster homes or treatment foster homes under s. 48.62, and for kinship care under s. 48.57 (3m), including assessments under s. 48.57 (3m) (a) 3. and background investigations under s. 48.57 (3m) (a) 4., the department shall allocate $10,284,500 in fiscal year 1996-97.

AB591-ASA1,74,9 (d) Public assistance administration and medical assistance eligibility determination. For payment distribution under s. 49.52 (1) for county administration of public assistance benefits and medical assistance eligibility determination, for payments to American Indian tribes for administration of public assistance benefits, and for fraud investigation and error reduction under s. 49.197 (1m) and (4), the department shall allocate $28,189,100 in fiscal year 1995-96, less any amount encumbered in fiscal year 1995-96 from the appropriation under s. 20.435 (4) (de), 1993 stats., for the purposes specified under this paragraph, and $28,864,400 in fiscal year 1996-97.

AB591-ASA1,74,14 (e) Emergency assistance for families with needy children. For emergency assistance for families with needy children under s. 49.19 (11) (b), the department shall allocate $1,659,700 in fiscal year 1995-96, less any amount encumbered in fiscal year 1995-96 from the appropriation under s. 20.435 (4) (dc), 1993 stats., for the purpose specified under this paragraph, and $1,659,700 in fiscal year 1996-97.

AB591-ASA1,74,23 (f) Learnfare; job opportunities and basic skills program; food stamp employment and training; parental responsibility pilot program. For the learnfare program under s. 49.50 (7), the job opportunities and basic skills program under s. 49.193, the food stamp employment and training project under s. 49.124 and the parental responsibility pilot program under s. 49.25, the department shall allocate $25,045,800 in fiscal year 1995-96, less any amounts expended or encumbered in fiscal year 1995-96 from the appropriations under s. 20.435 (4) (cn), 1993 stats., and s. 20.435 (4) (df), 1993 stats., for the purposes specified under this paragraph, and $26,447,100 in fiscal year 1996-97.

AB591-ASA1,75,3 (g) Learnfare case management. For case management for learnfare pupils under s. 46.62, the department shall allocate $1,289,300 in fiscal year 1995-96, less any amount expended or encumbered in fiscal year 1995-96 from the appropriation under s. 20.435 (4) (dg), 1993 stats., for the purpose specified under this paragraph, and $1,309,500 in fiscal year 1996-97.

AB591-ASA1,75,11 (h) Wisconsin works administration. For payments to Wisconsin works agencies under s. 49.52 (1) for administration of Wisconsin works benefits under ss. 49.141 to 49.151 and 49.155 to 49.161, for Wisconsin works health care coverage eligibility determination under s. 49.153 and for fraud investigation and error reduction under s. 49.197 (1m) and (4) and for payments to individuals under s. 49.148 for Wisconsin works employment positions and under ss. 49.155 and 49.157 for child care and related transportation services, the department shall allocate $0 for fiscal year 1996-97.

AB591-ASA1,75,14 (2) Transfer of funds. The department may use up to 30% of the amounts required to be allocated under any paragraph under sub. (1) for any other purpose described under sub. (1) (a) to (g) in each fiscal year.

AB591-ASA1,75,18 (3) Carry-over funds. The department may carry over any unexpended funds allocated under any paragraph under sub. (1) from the previous fiscal year to the following fiscal year within the same biennium to be allocated under any paragraph under sub. (1).

AB591-ASA1, s. 97 Section 97. 49.181 (1) (intro.), (a), (c), (d), (f) and (g) and (2) of the statutes, as created by 1995 Wisconsin Act .... (this act), are amended to read:

AB591-ASA1,76,2 49.181 (1) Funds distribution. (intro.) Except as provided in subs. (2) and (3), within the limits of the appropriation under s. 20.435 (4) 20.445 (3) (dz), the department shall allocate amounts under this subsection. In this subsection, references to "1993 stats." are as affected by the acts of 1995 that are enacted prior to the effective date of this subsection .... [revisor inserts date]. The department shall allocate the following amounts for the following purposes:

AB591-ASA1,76,9 (a) Child care for recipients and former recipients of aid to families with dependent children. For child care services under s. 49.50 (6g) 49.191 (2) and for child care services and related transportation costs under s. 49.50 (6e) 49.191 (1) and (6k) (3) (b), the department shall allocate $4,713,000 in fiscal year 1995-96, less any amounts expended or encumbered in fiscal year 1995-96 from the appropriations under s. 20.435 (4) (cn), 1993 stats., and s. 20.435 (4) (df), 1993 stats., for the purposes specified under this paragraph, and $5,687,400 in fiscal year 1996-97.

AB591-ASA1,76,17 (c) Income maintenance payments to individuals. For income maintenance payments to individuals under s. 49.52 and for foster care and treatment foster care provided by nonlegally responsible relatives under state or county administered programs, if the relatives are licensed to operate foster homes or treatment foster homes under s. 48.62 49.33, the department shall allocate $141,277,600 in fiscal year 1995-96, less any amount expended or encumbered in fiscal year 1995-96 from the appropriation under s. 20.435 (4) (d), 1993 stats., for the purposes specified under this paragraph, and $132,968,700 $122,684,200 in fiscal year 1996-97.

AB591-ASA1,77,2 (d) Public assistance administration and medical assistance eligibility determination. For payment distribution under s. 49.52 (1) 49.33 for county administration of public assistance benefits and medical assistance eligibility determination, for payments to American Indian tribes for administration of public assistance benefits, and for fraud investigation and error reduction under s. 49.197 (1m) and (4), the department shall allocate $28,189,100 in fiscal year 1995-96, less any amount expended or encumbered in fiscal year 1995-96 from the appropriation under s. 20.435 (4) (de), 1993 stats., for the purposes specified under this paragraph and $28,864,400 in fiscal year 1996-97.

AB591-ASA1,77,11 (f) Learnfare; job opportunities and basic skills program; food stamp employment and training; parental responsibility pilot program. For the learnfare program under s. 49.50 (7) 49.26 (1), the job opportunities and basic skills program under s. 49.193, the food stamp employment and training project under s. 49.124 and the parental responsibility pilot program under s. 49.25, the department shall allocate $25,045,800 in fiscal year 1995-96, less any amounts expended or encumbered in fiscal year 1995-96 from the appropriation under s. 20.435 (4) (cn), 1993 stats., and s. 20.435 (4) (df), 1993 stats., for the purposes specified under this paragraph, and $26,447,100 in fiscal year 1996-97.

AB591-ASA1,77,16 (g) Learnfare case management. For case management for learnfare pupils under s. 46.62 49.26 (2), the department shall allocate $1,289,300 in fiscal year 1995-96, less any amount expended or encumbered in fiscal year 1995-96 from the appropriation under s. 20.435 (4) (dg), 1993 stats., for the purpose specified under this paragraph, and $1,309,500 in fiscal year 1996-97.

AB591-ASA1,77,19 (2) Transfer of funds. The department may use up to 30% of the amounts required to be allocated under any paragraph under sub. (1) for any other purpose described under sub. (1) (a) to (g) (h) in each fiscal year.

AB591-ASA1, s. 98 Section 98. 49.19 (4e) (a) of the statutes is amended to read:

AB591-ASA1,78,2 49.19 (4e) (a) Except as provided in par. (b), if If a person applying for aid is under 18 years of age, has never married and is pregnant or has a dependent child in his or her care, the person is not eligible for aid unless he or she lives in a place maintained by his or her parent, legal guardian or other adult relative as the parent's, guardian's or other adult relative's own home or lives in a foster home, treatment foster home, maternity home or other supportive living arrangement supervised by an adult.

AB591-ASA1, s. 99 Section 99. 49.19 (4e) (c) of the statutes is created to read:

AB591-ASA1,78,8 49.19 (4e) (c) The department shall request a waiver from the secretary of the federal department of health and human services to require, without exception, that a person applying for aid who is under 18 years of age, has never married and is pregnant or has a dependent child in his or her care meet the requirements of par. (a). If a waiver is granted and in effect, par. (b) does not apply.

AB591-ASA1, s. 100 Section 100. 49.19 (11) (a) 1. a. (intro.) of the statutes, as affected by 1995 Wisconsin Act 12, is amended to read:

AB591-ASA1,78,15 49.19 (11) (a) 1. a. (intro.) Except as provided in subs. (11m) and (11s), monthly payments made under s. 20.435 (4) (d) (dz) and (p) to persons or to families with dependent children shall be based on family size and shall be at 80% of the total of the allowances under subds. 2. and 4. plus the following standards of assistance beginning on September 1, 1987:

AB591-ASA1, s. 101 Section 101. 49.19 (11) (a) 1. a. (intro.) of the statutes, as affected by 1995 Wisconsin Acts 12, 27 and .... (this act), is repealed and recreated to read:

AB591-ASA1,78,22 49.19 (11) (a) 1. a. (intro.) Except as provided in subs. (11m) and (11s), monthly payments made under s. 20.445 (3) (dz) and (p) to persons or to families with dependent children shall be based on family size and shall be at 80% of the total of the allowances under subds. 2. and 4. plus the following standards of assistance beginning on September 1, 1987:

AB591-ASA1, s. 102 Section 102. 49.19 (20) of the statutes is renumbered 49.19 (20) (a) and amended to read:

AB591-ASA1,79,7 49.19 (20) (a) After December 31, 1998, Beginning on January 1, 1999, or beginning on the first day of the 6th month beginning after the date stated in the notice under s. 49.141 (2) (d), whichever is sooner, no person is eligible to receive benefits under this section and no aid may be granted under this section. No additional notice, other than the enactment of this subsection paragraph, is required to be given under sub. (13) to recipients of aid under this section to terminate their benefits under this subsection paragraph.

AB591-ASA1, s. 103 Section 103. 49.19 (20) (b) of the statutes is created to read:

AB591-ASA1,79,12 49.19 (20) (b) 1. The department shall request a waiver from the secretary of the federal department of health and human services to allow the application of subd. 2. Subdivision 2. does not apply unless a waiver under this subdivision is granted and in effect.

AB591-ASA1,79,13 2. Notwithstanding par. (a):

AB591-ASA1,79,17 a. If a nonlegally responsible relative is receiving aid under this section on behalf of a dependent child on July 1, 1996, no aid under this section may be paid to the nonlegally responsible relative after June 30, 1997, or the first reinvestigation under sub. (5) (e) occurring after June 30, 1996, whichever is earlier.

AB591-ASA1,79,20 b. If a nonlegally responsible relative is not receiving aid under this section on behalf of a dependent child on July 1, 1996, no aid under this section may be paid to the nonlegally responsible relative after June 30, 1996.

AB591-ASA1, s. 104 Section 104. 49.191 (1) of the statutes, as affected by 1995 Wisconsin Act 27, sections 3089c, 3090 and 3092, is repealed and recreated to read: