Amendment ASA3-AB591

AB591-ASA3,82,10 (4) Work with the department of commerce to coordinate the provision of training to participants in conjunction with employers eligible for the development zone program under subch. VI of ch. 560.

AB591-ASA3, s. 91 Section 91. 49.151 of the statutes is created to read:

AB591-ASA3,82,20 49.151 Wisconsin works; sanctions. (1) Refusal to participate. A participant who refuses to participate 3 times in any Wisconsin works employment position component is ineligible to participate in that component. A participant whom the Wisconsin works agency has determined is ineligible under this section for a particular Wisconsin works employment position component may be eligible to participate in any other Wisconsin works employment position component in which the participant has not refused to participate 3 times. A participant refuses to participate in a Wisconsin works employment position component if the participant does any of the following:

AB591-ASA3,82,22 (a) Expresses verbally or in writing to a Wisconsin works agency that he or she refuses to participate.

AB591-ASA3,83,2 (b) Fails to appear for an interview with a prospective employer or, if the participant is in a Wisconsin works transitional placement, fails to appear for an assigned activity, including an activity under s. 49.147 (5) (b) 1. a. to e., without good cause, as determined by the Wisconsin works agency.

AB591-ASA3,83,4 (c) Voluntarily leaves appropriate employment or training without good cause, as determined by the Wisconsin works agency.

AB591-ASA3,83,5 (d) Loses employment as a result of being discharged for cause.

AB591-ASA3,83,8 (e) Demonstrates through other behavior or action, as specified by the department by rule, that he or she refuses to participate in a Wisconsin works employment position.

AB591-ASA3,83,16 (2) Intentional program violations. If a court finds or it is determined after an administrative hearing that an individual who is a member of a Wisconsin works group applying for or receiving benefits under ss. 49.141 to 49.161, for the purpose of establishing or maintaining eligibility for those benefits or for the purpose of increasing the value of those benefits, has intentionally violated, on 3 separate occasions, any provision in ss. 49.141 to 49.161 or any rule promulgated under those sections, the Wisconsin works agency may permanently deny benefits under ss. 49.141 to 49.161 to the individual.

AB591-ASA3, s. 92 Section 92. 49.152 of the statutes is created to read:

AB591-ASA3,83,25 49.152 Review of agency decisions. (1) Petition for review. Any individual whose application for Wisconsin works under s. 49.147 (1) to (5) is not acted upon by the Wisconsin works agency with reasonable promptness after the filing of the application, as defined by the department by rule, or is denied in whole or in part, whose benefit is modified or canceled, or who believes that the benefit was calculated incorrectly, may petition the Wisconsin works agency for a review of such action. Review is unavailable if the action by the Wisconsin works agency occurred more than 45 days prior to submission of the petition for review.

AB591-ASA3,84,6 (2) Review. (a) Upon a timely petition under sub. (1), the Wisconsin works agency shall give the applicant or participant reasonable notice and opportunity for a review. The Wisconsin works agency shall render its decision as soon as possible after the review and shall send a certified copy of its decision to the applicant or participant. The Wisconsin works agency shall deny a petition for a review or shall refuse to grant relief if the petitioner does any of the following:

AB591-ASA3,84,7 1. Withdraws the petition in writing.

AB591-ASA3,84,10 2. Abandons the petition. Abandonment occurs if the petitioner fails to appear in person or by representative at a scheduled review without good cause, as defined by the department by rule.

AB591-ASA3,84,12 (b) The department may review a decision of a Wisconsin works agency under par. (a) if any of the following occurs:

AB591-ASA3,84,14 1. Within 15 days of receiving the decision of the Wisconsin works agency, the applicant or participant petitions the department for a review of that decision.

AB591-ASA3,84,16 2. The Wisconsin works agency requests the department to review the decision of the Wisconsin works agency.

AB591-ASA3,84,19 (c) The department shall review a Wisconsin works agency's decision to deny an application based solely on a determination of financial ineligibility if any of the following occurs:

AB591-ASA3,84,21 1. Within 15 days after receiving the decision of the Wisconsin works agency, the applicant petitions the department for a review of the decision.

AB591-ASA3,84,23 2. The Wisconsin works agency requests the department to review the decision of the Wisconsin works agency.

AB591-ASA3,85,4 (cm) If, under par. (c), the department reverses a decision of the Wisconsin works agency, the petitioner shall receive, retroactive to the date that the Wisconsin works agency made its initial decision to deny the application, the benefit that the individual would have received, computed as if the individual had complied with all of the requirements of the Wisconsin works employment position into which the applicant most likely would have been placed.

AB591-ASA3, s. 93 Section 93. 49.153 of the statutes is created to read:

AB591-ASA3,85,6 49.153 Wisconsin works health plan. (1) Definitions. In this section:

AB591-ASA3,85,11 (a) "Employer-subsidized health care coverage" means a health care plan, which provides coverage of health care costs, offered by the employer for which the employer pays at least 50% of the cost of the plan for the employe, including dependent coverage and excluding any deductibles or copayments that may be required under the plan.

AB591-ASA3,85,16 (b) "Unsubsidized employer-offered health care coverage" means a health care plan, which provides coverage of health care costs, offered by the employer for which the employer pays less than 50% of the cost of coverage for the employe, including dependent coverage and excluding any deductibles or copayments that may be required under the plan.

AB591-ASA3,85,22 (2) Administration. The department of health and family services shall provide health services and benefits under sub. (4) to individuals who have been determined by a Wisconsin works agency to be eligible under subs. (3) to (3p) for such services and benefits. The Wisconsin works agency shall maintain a list of eligible individuals and shall make the list available to the department of health and family services upon request.

AB591-ASA3,86,17 (3) Eligibility. (a) General provisions. 1. A Wisconsin works agency shall determine eligibility for benefits and services under this section, in accordance with rules promulgated by the department of health and family services in consultation with the department of industry, labor and job development. The Wisconsin works agency shall make the eligibility determination within 2 working days, as defined in s. 227.01 (14), after the date on which the agency receives a completed application from the individual for services and benefits under this section and shall immediately notify the department of health and family services of that determination. An individual who applies for and receives benefits and services under this section is considered to have assigned to the state any rights to medical support or other payment of medical expenses from any other person, including rights to unpaid amounts accrued at the time of application for benefits and services under this section and any rights to support accruing during the time for which benefits and services under this section are provided. Eligibility for benefits and services under this section begins on the day on which the department of health and family services or the provider issues a health plan membership card. The department of health and family services or the provider shall issue the health plan membership card to an individual within 3 working days, as defined in s. 227.01 (14), after the date on which the Wisconsin works agency notifies the department of health and family services that the individual is eligible.

AB591-ASA3,86,21 2. a. Except as provided in subd. 3. and pars. (em) and (f), an individual who is eligible for the health care coverage under this section remains eligible under this section for 12 consecutive months or until the individual has access to unsubsidized employer-offered health care coverage, whichever is later.

AB591-ASA3,86,25 b. Notwithstanding subd. 2. a., an individual who is described under par. (f) 1. a., b., c. or d. who is eligible for health care coverage under this section remains eligible until the individual no longer meets eligibility criteria, as provided in subd. 3.

AB591-ASA3,87,4 3. A Wisconsin works agency shall, within the period of an individual's eligibility, as specified under subd. 2., periodically review an individual's eligibility. The individual remains eligible for benefits and services under this section until any of the following applies:

AB591-ASA3,87,7 a. The assets of the individual or, if the individual is a member of a Wisconsin works group, the assets of the Wisconsin works group of which the individual is a member, exceed the asset limits for at least 2 months.

AB591-ASA3,87,10 b. The income of the individual, or, if the individual is a member of a Wisconsin works group, the income of the Wisconsin works group of which the individual is a member, is expected to exceed the income limits for at least 2 consecutive months.

AB591-ASA3,87,15 (e) Access to employer-subsidized health care coverage. An individual is eligible for health care coverage under this section only if the individual has not had access to employer-subsidized health care coverage within the 18 months immediately preceding application for health care coverage under this section. This paragraph does not apply to any of the following:

AB591-ASA3,87,21 1. An individual who has lost access to employer-subsidized health care coverage within the 18 months immediately preceding application for health care coverage under this subsection because of the termination by the employer of the employment relationship for a reason other than misconduct on the part of the employe and who has not had access to employer-subsidized health care coverage since the termination.

AB591-ASA3,87,25 2. An individual who has lost access to employer-subsidized health care coverage within the 18 months immediately preceding application for health care coverage under this subsection because of the termination by the employe of the employment relationship for just cause.

AB591-ASA3,88,2 3. A dependent child who has lost eligibility for employer-subsidized health care coverage for any reason.

AB591-ASA3,88,5 3m. A pregnant woman with an income equal to or less than 165% of the poverty line who has lost eligibility for employer-subsidized health care coverage for any reason.

AB591-ASA3,88,6 4. A participant in a Wisconsin works employment position.

AB591-ASA3,88,10 (em) Continuous coverage requirement. An individual who withdraws from health care coverage under this section while the individual is still eligible for health care coverage under this section is ineligible for health care coverage under this section for a period of 6 months following the withdrawal.

AB591-ASA3,88,12 (f) Ineligibility. No individual is eligible for health care coverage under this section in a month in which any of the following applies:

AB591-ASA3,88,14 1. The individual is eligible for employer-subsidized health care coverage. This subdivision does not apply to any of the following:

AB591-ASA3,88,16 a. A pregnant woman in a Wisconsin works group with an income that is equal to or less than 165% of the poverty line.

AB591-ASA3,88,18 b. A child who has not attained the age of 6 in a Wisconsin works group with an income equal to or less than 165% of the poverty line.

AB591-ASA3,88,21 c. A child who has attained the age of 6 and has not attained the age of 12 in a Wisconsin works group with an income that is equal to or less than 100% of the poverty line.

AB591-ASA3,89,2 d. A child who has attained the age of 6 and has not attained the age of 12 in a Wisconsin works group with an income in excess of 100% of the poverty line if the total amount obligated or expended for medical care or other type of remedial care and for health insurance premiums, when subtracted from the Wisconsin works group's income, places the Wisconsin works group at or below 100% of the poverty line.

AB591-ASA3,89,4 2. The individual fails to pay the established premium in a timely manner, as defined by the department of industry, labor and job development by rule.

AB591-ASA3,89,6 (3g) Eligible groups. Subject to the requirements under sub. (3), the following individuals are eligible for benefits and services under this section:

AB591-ASA3,89,8 (a) Wisconsin works groups. Except as provided in par. (c), an individual who is a member of a Wisconsin works group, if all of the following conditions apply:

AB591-ASA3,89,10 1. The individual meets the criteria under s. 49.145 (2) (c), (f), (g), (i), (L) and (m) and resides in this state.

AB591-ASA3,89,14 2. The Wisconsin works group meets the asset limitation under s. 49.145 (3) (a). In determining the assets under this subdivision, the Wisconsin works agency shall exclude all of the resources specified under 42 USC 1382b (a) if any of the following conditions is met:

AB591-ASA3,89,15 a. The group contains a child who has not attained the age of 6.

AB591-ASA3,89,18 b. The group contains a child who has attained the age of 6 and has not attained the age of 12 and the gross income of the group, as determined under subd. 3., does not exceed 100% of the poverty line.

AB591-ASA3,89,23 3. The gross income of the Wisconsin works group is at or below 165% of the poverty line, or, for a Wisconsin works group that is already receiving health care coverage under this section, the gross income is at or below 200% of the poverty line. In calculating the gross income of the Wisconsin works group, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. to 3.

AB591-ASA3,90,3 (b) Pregnant women. A pregnant woman whose pregnancy has been medically verified and who has no dependent children, if she meets all of the following conditions:

AB591-ASA3,90,5 1. The woman meets the criteria under s. 49.145 (2) (c), (g), (i), (L) and (m) and resides in this state.

AB591-ASA3,90,8 2. The woman meets the asset limitation under s. 49.145 (3) (a). In determining the assets of the woman, the Wisconsin works agency shall exclude all of the resources specified under 42 USC 1382b (a).

AB591-ASA3,90,11 3. The gross income of the woman is at or below 165% of the poverty line. In calculating gross income under this subdivision, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. and 3.

AB591-ASA3,90,14 (c) Minor parents. An individual who is a custodial parent and who is under the age of 18, and any dependent children with respect to whom the individual is a custodial parent, only if the individual meets one of the following conditions:

AB591-ASA3,90,19 1. The individual resides with his or her custodial parent and the gross income of the Wisconsin works group of which the individual is a member does not exceed 165% of the poverty line. In calculating the gross income of the Wisconsin works group, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. to 3.

AB591-ASA3,90,23 2. The individual is in an independent living arrangement supervised by an adult and the gross income of the individual does not exceed 165% of the poverty line. In calculating the gross income of the individual, the Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. to 3.

AB591-ASA3,91,4 (3m) Medically needy. (a) An individual who meets all of the requirements of sub. (3g) (a) or (c), except that the income calculated for the individual under sub. (3g) (a) 3. or (c) 1. or 2. exceeds the applicable income limit under sub. (3g) (a) 3. or (c) 1. or 2., is eligible for benefits and services under this section only if all of the excess income above the applicable limit has been obligated or expended for medical care or other type of remedial care.

AB591-ASA3,91,12 (am) Notwithstanding par. (a) and sub. (3) (a) 2. a., (e) and (f) 1., if the individual is a pregnant woman or a child who has not attained the age of 6, and the individual meets all of the requirements of sub. (3g) (a), (b) or (c), except that the income calculated for the individual under sub. (3g) (a) 3., (b) 3. or (c) 1. or 2. exceeds the applicable income limit under sub. (3g) (a) 3., (b) 3. or (c) 1. or 2., the individual is eligible for benefits and services under this section if all of the excess income above the applicable limit has been obligated or expended for medical care or other type of remedial care or for personal health insurance premiums.

AB591-ASA3,91,20 (as) Notwithstanding par. (a) and sub. (3) (a) 2. a., if the individual is a child who has attained the age of 6 and has not attained the age of 12, and the individual meets all of the requirements of sub. (3g) (a) except that the income calculated for the individual under sub. (3g) (a) 3. exceeds the income level under sub. (3g) (a) 3., the individual is eligible for benefits and services under this section if the total amount obligated or expended for medical care or other type of remedial care and for health insurance premiums, when subtracted from the Wisconsin works group's income, places the Wisconsin works group at 100% of the poverty line.

AB591-ASA3,91,23 (b) In determining the income for an individual under this subsection for purposes of determining the premium amount under sub. (4) (d), the Wisconsin works agency shall exclude the excess income specified under par. (a), (am) or (as).

AB591-ASA3,92,6 (3p) Presumptive eligibility for pregnant women. (a) Notwithstanding sub. (3g) (a), (b) and (c), a pregnant woman is eligible under this subsection for ambulatory prenatal care services under this section during the period beginning on the day on which an authorized health care provider under contract under sub. (4) (a) determines, on the basis of preliminary information, that the woman's family income does not exceed 165% of the poverty line and that the woman's family's assets do not exceed the asset limits under s. 49.145 (3) (a). Eligibility under this subsection ends as follows:

AB591-ASA3,92,10 1. If the woman applies under sub. (3g) (a), (b) or (c) for benefits and services under this section within the time required under par. (c), on the day on which the Wisconsin works agency determines whether the woman is eligible for benefits and services under sub. (3g) (a), (b) or (c).

AB591-ASA3,92,14 2. If the woman does not apply under sub. (3g) (a), (b) or (c) for benefits and services under this section within the time required under par. (c), on the last day of the month following the month in which the health care provider makes the determination under this paragraph.

AB591-ASA3,92,17 (c) A woman who is determined to be eligible under this subsection shall apply under sub. (3g) (a), (b) or (c) for benefits and services under this section within 14 days after the date on which the health care provider makes that determination.

AB591-ASA3,92,20 (cm) A woman who receives services under this subsection is liable for a monthly premium payable in the amount and in the manner prescribed under sub. (4) (d) beginning with the first month in which she receives those services.

AB591-ASA3,92,23 (d) A health care provider under contract under sub. (4) (a) that determines that a woman is eligible under this subsection for benefits and services under this section shall do all of the following:

AB591-ASA3,92,25 1. Notify the Wisconsin works agency of that determination within 5 working days after the day on which the determination is made.

AB591-ASA3,93,1 2. Notify the woman of the requirements under pars. (c) and (cm).

AB591-ASA3,93,4 (e) The Wisconsin works agency shall provide health care providers under contract under sub. (4) (a) with application forms for benefits and services under this section and information on how to assist women in completing the forms.

AB591-ASA3,93,6 (f) No provider may make more than one eligibility determination under this subsection with respect to an individual.

AB591-ASA3,93,13 (4) Administration and benefits. (a) Health maintenance organization contract. The department of health and family services shall contract with health maintenance organizations or other health care providers, including federally qualified health centers, to provide health care services under this subsection. A health maintenance organization or other health care provider that contracts under this subsection shall meet the certification criteria established by the department of health and family services under s. 49.45 (2) (a) 11.

AB591-ASA3,93,16 (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-ASA3,93,19 1m. The Wisconsin works health plan shall cover in-home psychotherapy for individuals who are under the age of 21 if the in-home psychotherapy is prescribed pursuant to a physical examination under 42 USC 1396 (r) (1).

AB591-ASA3,93,21 1s. The Wisconsin works health plan shall cover insulin if it is prescribed by a physician.

AB591-ASA3,93,24 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-ASA3,94,2 a. Home care, as defined in s. 632.895 (1) (b), in excess of the minimum required under s. 632.895 (2).

AB591-ASA3,94,3 b. Skilled nursing care in excess of the minimum required under s. 632.895 (3).

AB591-ASA3,94,4 c. Over-the-counter drugs.

AB591-ASA3,94,6 d. Treatment of alcoholism or other drug abuse problems in excess of the minimum coverage required under s. 632.89 (2).

AB591-ASA3,94,8 e. Services described under 42 USC 1396d (r) (5), unless the services are otherwise covered under this section.

AB591-ASA3,94,9 (bm) Abortion coverage excluded. 1. In this paragraph:

AB591-ASA3,94,10 a. "Abortion" means the intentional destruction of the life of an unborn child.

AB591-ASA3,94,12 b. "Unborn child" means a human being from the time of conception until it is born alive.

AB591-ASA3,94,15 2. Except as provided in subd. 3., each contract that is entered into under par. (a) shall explicitly provide that it does not include coverage for the performance of an abortion.

AB591-ASA3,94,16 3. This paragraph does not apply to any of the following: