SB77-SSA1,790,10
149.148
(1m) (b) Receipt of a grant under this subsection constitutes
2participation in a Wisconsin works employment position for purposes of the time
3limits under ss. 49.145 (2) (n) and 49.147 (3) (c), (4) (b)
2. or (c) 4. or (5) (b) 2. if the
4child is born to the participant more than 10 months after the date that the
5participant was first determined to be eligible for assistance under s. 49.19 or for a
6Wisconsin works employment position unless the child was conceived as a result of
7a sexual assault in violation of s. 940.225 (1), (2) or (3) in which the mother did not
8indicate a freely given agreement to have sexual intercourse or of incest in violation
9of s. 944.06 or 948.06 and that incest or sexual assault has been reported to a
10physician and to law enforcement authorities.
SB77-SSA1,790,1612
49.148
(3) Wisconsin works health plan. A If a waiver under s. 49.153 (1m)
13is granted and in effect or federal legislation that permits the application of s. 49.153
14is enacted, a participant in a Wisconsin works employment position shall participate
15in the Wisconsin works health plan under s. 49.153
. The participant and shall pay
16a premium in an amount and in the manner established under s. 49.153 (4) (d).
SB77-SSA1,791,518
49.148
(4) Drug testing. (a) A Wisconsin works agency shall require a
19participant in a community service job or transitional placement who, after August
2022, 1996, was convicted in any state or federal court of a felony that had as an element
21possession, use or distribution of a controlled substance to submit to a test for use of
22a controlled substance as a condition of continued eligibility. If the test results are
23positive, the Wisconsin works agency shall decrease the pre-sanction benefit
24amount for that participant by not more than 15% for not fewer than 12 months, or
25for the remainder of the participant's period of participation in a community service
1job or transitional placement, if less than 12 months. If, at the end of 12 months, the
2individual is still a participant in a community service job or transitional placement
3and submits to another test for use of a controlled substance and if the results of the
4test are negative, the Wisconsin works agency shall discontinue the reduction under
5this subsection.
SB77-SSA1,791,96
(b) The Wisconsin works agency may require an individual who tests positive
7for use of a controlled substance under par. (a) to participate in a drug abuse
8evaluation, assessment and treatment program as part of the participation
9requirement under s. 49.147 (4) (as) or (5) (bs).
SB77-SSA1,791,1210
(c) Paragraph (a) does not apply if the participant was convicted more than 5
11years prior to the date on which the participant applied for a Wisconsin works
12employment position.
SB77-SSA1,791,2214
49.152
(1) Petition for review. Any individual whose application for
any
15component of Wisconsin works
under s. 49.147 (1) to (5) is not acted upon by the
16Wisconsin works agency with reasonable promptness after the filing of the
17application, as defined by the department by rule, or is denied in whole or in part,
18whose benefit is modified or canceled, or who believes that the benefit was calculated
19incorrectly
or that the employment position in which the individual was placed is
20inappropriate, may petition the Wisconsin works agency for a review of such action.
21Review is unavailable if the action by the Wisconsin works agency occurred more
22than 45 days prior to submission of the petition for review.
SB77-SSA1, s. 1829
23Section
1829. 49.152 (2) (a) (intro.) of the statutes is amended to read:
SB77-SSA1,792,524
49.152
(2) (a) (intro.) Upon a timely petition under sub. (1), the Wisconsin
25works agency shall give the applicant or participant reasonable notice and
1opportunity for a review. The Wisconsin works agency shall render its decision as
2soon as possible after the review and shall send
by 1st class mail a certified copy of
3its decision to the
last-known address of the applicant or participant. The Wisconsin
4works agency shall deny a petition for a review or shall refuse to grant relief if the
5petitioner does any of the following:
SB77-SSA1,792,97
49.152
(2) (b) 1. Within
15 14 days
of receiving after the date on which the
8certified copy of the decision of the Wisconsin works agency
is mailed, the applicant
9or participant petitions the department for a review of that decision.
SB77-SSA1,792,1311
49.152
(2) (c) 1. Within
15 14 days after
receiving the date on which the certified
12copy of the decision of the Wisconsin works agency
is mailed, the applicant petitions
13the department for a review of the decision.
SB77-SSA1,792,2415
49.152
(3) Remedies. (a) If, following review under sub. (2), the Wisconsin
16works agency or the department determines that an individual, whose application
17for a Wisconsin works employment position was denied based on eligibility, was in
18fact eligible, or that the individual was placed in an inappropriate Wisconsin works
19employment position, the Wisconsin works agency shall place the individual in the
20first available Wisconsin works employment position that is appropriate for that
21individual, as determined by the Wisconsin works agency or the department. An
22individual who is placed in a Wisconsin works employment position under this
23paragraph is eligible for the benefit for that position under s. 49.148 beginning on the
24date on which the individual begins participation under s. 49.147.
SB77-SSA1,793,6
1(b) If, following review under sub. (2), the Wisconsin works agency or the
2department determines that a participant's benefit was improperly modified or
3canceled, or was calculated incorrectly, the Wisconsin works agency shall restore the
4benefit to the level determined to be appropriate by the Wisconsin works agency or
5by the department retroactive to the date on which the benefit was first improperly
6modified or canceled or incorrectly calculated.
SB77-SSA1,793,198
49.153
(1m) Waiver. (a) If necessary, the department of health and family
9services shall request a waiver from the secretary of the federal department of health
10and human services or shall seek the passage of federal legislation to permit the
11application of this section as part of the medical assistance program under
42 USC
121396 to
1396u. If a waiver is granted or federal legislation is enacted, the department
13of health and family services shall publish a notice in the Wisconsin Administrative
14Register indicating the date on which this section will first be implemented. If a
15waiver is granted and in effect or federal legislation is enacted, the department of
16health and family services, in consultation with the department of workforce
17development, shall implement this section beginning no later than the first day of
18the 3rd month beginning after the waiver is granted or the federal legislation is
19enacted.
SB77-SSA1,793,2420
(b) Notwithstanding subch. IV, if a waiver under par. (a) is granted and in effect
21or federal legislation is enacted, beginning on the date stated in the notice under par.
22(a), the department of health and family services may terminate the eligibility for
23medical assistance under subch. IV of persons who are eligible to participate in the
24health plan under this section.
SB77-SSA1,794,2
149.153
(3g) (a) 1. The individual meets the criteria under s. 49.145 (2) (c), (f),
2(g), (i), (L)
and, (m)
and (s) and resides in this state.
SB77-SSA1,794,74
49.153
(4) (b) 1u. The Wisconsin works health plan may cover an
5over-the-counter drug if the department of health and family services determines
6that the over-the-counter drug is more cost-effective than the prescription drug
7equivalent.
SB77-SSA1, s. 1836
8Section
1836. 49.153 (4) (b) 2. c. of the statutes is amended to read:
SB77-SSA1,794,109
49.153
(4) (b) 2. c.
Over-the-counter
Except as provided in subd. 1u.,
10over-the-counter drugs.
SB77-SSA1,794,1612
49.153
(4) (c)
Distribution of payments. From the appropriations under s.
1320.435
(1) (5) (b) and (o), the department of health and family services shall make
14payments to a health maintenance organization or other health care provider with
15which the department of health and family services has contracted under par. (a) in
16accordance with a payment schedule established by contract.
SB77-SSA1,794,2018
49.153
(4) (d) 3. b. For a participant in a
grant-paying community service job
19or transitional placement, the Wisconsin works agency shall deduct the premium
20from the participant's monthly grant amount under s. 49.148 (1) (b)
1. or (c).
SB77-SSA1, s. 1838
21Section
1838. 49.155 (1) (a) of the statutes is renumbered 49.155 (1) (am).
SB77-SSA1,794,2523
49.155
(1) (c) Notwithstanding s. 49.141 (1) (j), "parent" means a custodial
24parent, guardian, foster parent, treatment foster parent, legal custodian or a person
25acting in the place of a parent.
SB77-SSA1,795,122
49.155
(1d) Child care certification rules. (a) The department shall
3promulgate rules establishing standards for the certification of child care providers
4under s. 48.651. In establishing the requirements for certification as a Level I
5certified family day care provider, the department shall permit a Level I certified
6family day care provider to provide care for no more than 6 children under the age
7of 7 who are unrelated to the provider, subject to a maximum limitation of 6 children
8of any age, including children who are related to the provider, but not including
9children 7 years of age or over who are the natural, adopted or foster children of the
10provider. In establishing the requirements for certification as a Level II certified
11family day care provider, the department may not include a requirement for training
12for providers.
SB77-SSA1,795,2113
(b) The department shall promulgate rules to establish quality of care
14standards for child care providers that are higher than the quality of care standards
15required for licensure under s. 48.65 or for certification under s. 48.651. The
16standards established by rules promulgated under this paragraph shall consist of
17the standards provided for the accreditation of day care centers by the national
18association for the education of young children or any other comparable standards
19that the department may establish, including standards regarding the turnover of
20child care provider staff and the training and benefits provided for child care
21provider staff.
SB77-SSA1, s. 1841
22Section
1841. 49.155 (1g) (title) of the statutes is created to read:
SB77-SSA1,795,2323
49.155
(1g) (title)
Distribution of funds.
SB77-SSA1, s. 1842
24Section
1842. 49.155 (1j) (title) of the statutes is created to read:
SB77-SSA1,795,2525
49.155
(1j) (title)
Unanticipated federal funds.
SB77-SSA1, s. 1843
1Section
1843. 49.155 (1m) (a) (intro.) of the statutes is amended to read:
SB77-SSA1,796,52
49.155
(1m) (a) (intro.) The individual is a
custodial parent of a child who is
3under the age of 13, or is a person who, under s. 48.57 (3m), is providing care and
4maintenance for a child who is under the age of 13, and child care services for that
5child are needed in order for the individual to do any of the following:
SB77-SSA1,796,147
49.155
(1m) (a) 1m. If the individual is under 20 years of age, but is not subject
8to the school attendance requirement under s. 49.26 (1) (ge) and the individual
9resides with his or her custodial parent or with a kinship care relative under s. 48.57
10(3m) or is in a foster home or treatment foster home licensed under s. 48.62, a group
11home or an independent living arrangement supervised by an adult, obtain a high
12school diploma or participate in a course of study meeting the standards established
13by the state superintendent of public instruction for the granting of a declaration of
14equivalency of high school graduation.
SB77-SSA1,796,1816
49.155
(1m) (a) 3. Work in a Wisconsin works employment position, including
17participation
in job search, orientation and training activities under s. 49.147 (2) (a)
18and in education or training activities under s. 49.147 (3) (am), (4) (am) or (5) (bm).
SB77-SSA1, s. 1845b
19Section 1845b. 49.155 (1m) (a) 3. of the statutes, as affected by 1997 Wisconsin
20Act .... (this act), is amended to read:
SB77-SSA1,796,2421
49.155
(1m) (a) 3. Work in a Wisconsin works employment position, including
22participation in job search, orientation and training activities under s. 49.147 (2) (a)
23and in education or training activities under s. 49.147 (3) (am), (4)
(am) (b) 1. a. or
24(5) (bm).
SB77-SSA1,797,2
149.155
(1m) (a) 3m. Participate in a job search or work experience component
2of the food stamp employment and training program under s. 49.124 (1m).
SB77-SSA1, s. 1846
3Section
1846. 49.155 (1m) (a) 4. (intro.) of the statutes is amended to read:
SB77-SSA1,797,134
49.155
(1m) (a) 4. (intro.) Participate in other employment skills training,
5including an English as a 2nd language course, if the Wisconsin works agency
6determines that the course would facilitate the individual's efforts to obtain
7employment; a course of study meeting the standards established by the
secretary
8of education state superintendent of public instruction under s. 115.29 (4) for the
9granting of a declaration of equivalency of high school graduation; a course of study
10at a technical college; or participation in educational courses that provide an
11employment skill, as determined by the department. An individual may receive aid
12under this subdivision for up to one year. An individual may not receive aid under
13this subdivision unless the individual meets at least one of the following conditions:
SB77-SSA1, s. 1846d
14Section 1846d. 49.155 (1m) (a) 4. (intro.) of the statutes, as affected by 1997
15Wisconsin Act .... (this act), is repealed and recreated to read:
SB77-SSA1,798,216
49.155
(1m) (a) 4. (intro.) Participate in other employment skills training,
17including an English as a 2nd language course, if the Wisconsin works agency
18determines that the course would facilitate the individual's efforts to obtain
19employment; a course of study meeting the standards established by the state
20superintendent of public instruction under s. 115.29 (4) for the granting of a
21declaration of equivalency of high school graduation; a course of study at a technical
22college, if the Wisconsin works agency determines that the course would facilitate
23the individual's efforts to obtain or maintain employment; or participation in
24educational courses that provide an employment skill, as determined by the
25department. An individual may receive aid under this subdivision for up to two
1years. An individual may not receive aid under this subdivision unless the
2individual meets at least one of the following conditions:
SB77-SSA1, s. 1847
3Section
1847. 49.155 (1m) (b) of the statutes is renumbered 49.155 (1m) (b)
4(intro.) and amended to read:
SB77-SSA1,798,65
49.155
(1m) (b) (intro.) The individual meets the eligibility
conditions criteria 6under
s. all of the following:
SB77-SSA1,798,7
71. Section 49.145 (2) (c)
to, (f) and (g)
and.
SB77-SSA1,798,10
83. Section 49.145 (3) (a)
, except that an individual may be eligible for a child
9care subsidy under this section regardless of the number of days the individual has
10resided in this state prior to applying for the child care subsidy.
SB77-SSA1,798,1212
49.155
(1m) (b) 2. Section 49.145 (2) (s).
SB77-SSA1, s. 1849
13Section
1849. 49.155 (1m) (c) of the statutes is renumbered 49.155 (1m) (c) 1.
14and amended to read:
SB77-SSA1,798,2115
49.155
(1m) (c) 1. The gross income of the individual's family is at or below
16165% of the poverty line for a family the size of the individual's family
or, for an
17individual who is already receiving a child care subsidy under this section, the gross
18income of the individual's family is at or below 200% of the poverty line for a family
19the size of the individual's family. In calculating the gross income of the family, the
20Wisconsin works agency shall include income described under s. 49.145 (3) (b) 1. to
213.
SB77-SSA1, s. 1850
22Section
1850. 49.155 (1m) (c) (intro.) of the statutes is created to read:
SB77-SSA1,798,2323
49.155
(1m) (c) (intro.) Any of the following applies:
SB77-SSA1,799,7
149.155
(1m) (c) 2. The individual was eligible under s. 49.132 (4) (am) for aid
2under s. 49.132 and received aid under s. 49.132 on or after May 10, 1996, but lost
3eligibility solely because of increased income, and the gross income of the individual's
4family is at or below 200% of the poverty line for a family the size of the individual's
5family. This subdivision does not apply to an individual whose family's gross income
6increased to more than 200% of the poverty line for a family the size of the
7individual's family.
SB77-SSA1,799,159
49.155
(1m) (c) 3. The individual was eligible for a child care subsidy under s.
1049.191 (2) on or after May 10, 1996, and received a child care subsidy on or after May
1110, 1996, but lost the subsidy solely because of increased income, and the gross
12income of the individual's family is at or below 200% of the poverty line for a family
13the size of the individual's family. This subdivision does not apply to an individual
14whose family's gross income increased to more than 200% of the poverty line for a
15family the size of the individual's family.
SB77-SSA1,799,2117
49.155
(3m) Distribution of child care funds to counties and certain child
18care providers. (a) The department shall reimburse child care providers or shall
19distribute funds to county departments under s. 46.215, 46.22 or 46.23 for child care
20services provided under this section and to private nonprofit agencies that provide
21child care for children of migrant workers.
SB77-SSA1,799,2422
(b) Not more than 5%, or $20,000, whichever is greater, of the funds distributed
23under par. (a) may be used for the costs of administering the program under this
24section.
SB77-SSA1,800,7
1(c) From the funds distributed under par. (a), a county may provide child care
2services itself, purchase child care services from a child care provider, provide
3vouchers to an eligible parent for the payment of child care services provided by a
4child care provider, reimburse an eligible parent for payments made by the parent
5to a child care provider for child care services, adopt, with the approval of the
6department, any other arrangement that the county considers appropriate or use
7any combination of these methods to provide child care.
SB77-SSA1,800,108
(d) No funds distributed under par. (a) may be used to provide care for a child
9by a person who resides with the child, unless the county determines that the care
10is necessary because of a special health condition of the child.
SB77-SSA1,800,1812
49.155
(6) (a)
The department Subject to review and approval by the
13department, each county shall establish the maximum
reimbursement rate
that a
14county department under s. 46.215, 46.22 or 46.23 may pay for
licensed child care
15services provided under this section.
The department
A county shall set the rate so
16that at least 75% of the number of places for children within the licensed capacity of
17all child care providers in
each that county
or in a multicounty area determined by
18the department can be purchased at or below that maximum rate.
SB77-SSA1,800,2520
49.155
(6) (b)
The department Subject to review and approval by the
21department, each county shall set a maximum
reimbursement rate
that a county
22department under s. 46.215, 46.22 or 46.23 may pay for Level I certified family day
23care providers for services provided to eligible individuals
under this section. The
24maximum rate set under this paragraph may not exceed 75% of the rate established
25under par. (a).
SB77-SSA1,801,72
49.155
(6) (c)
The department Subject to review and approval by the
3department, each county shall set a maximum
reimbursement rate
that a county
4department under s. 46.215, 46.22 or 46.23 may pay for Level II certified family day
5care providers for services provided to eligible individuals
under this section. The
6maximum rate set under this paragraph may not exceed 50% of the rate established
7under par. (a).
SB77-SSA1,801,159
49.155
(6) (d) The department may
promulgate rules to establish a system of
10rates
for child care programs that exceed the quality of care standards required for
11licensure under s. 48.65 or for certification under s. 48.651 (1) (a) or a program of
12grants that the department will pay to child care providers that meet the higher
13quality of care standards established by rules promulgated under sub. (1d) (b). If a
14system of rates is established under this paragraph, the rates under that system
15shall be higher than the rates established under pars. (a) to (c).
SB77-SSA1,801,2417
49.161
(1) (title)
Trial jobs and wage-paying community service jobs
18overpayments. Notwithstanding s. 49.96, the department shall recover an
19overpayment of benefits paid under s. 49.148 (1) (a)
and (b) 2. from an individual who
20receives or has received benefits paid under s. 49.148 (1) (a)
or (b) 2. The value of the
21benefit liable for recovery under this subsection may not exceed the amount that the
22department paid in wage subsidies with respect to that participant while the
23participant was ineligible to participate. The department shall promulgate rules
24establishing policies and procedures for administrating this subsection.
SB77-SSA1,802,6
149.161
(2) (title)
Community Grant-paying community service jobs and
2transitional placements overpayments. Except as provided in sub. (3), the
3department shall recover an overpayment of benefits paid under s. 49.148 (1) (b)
1. 4and (c) from an individual who continues to receive benefits under s. 49.148 (1) (b)
51. and (c) by reducing the amount of the individual's benefit payment by no more than
610%.
SB77-SSA1,802,12
849.170 Payments for certain tribal economic support programs. (1) 9Definition. In this section, "tribal economic support program" means an economic
10support program, operated by a federally recognized American Indian tribe or band
11in this state, that is funded under P.L.
104-193, section 103, and is not part of the
12Wisconsin works program under ss. 49.141 to 49.161.