Amendment SA36-AB40

AB40-SA36,52 Section 52. 40.05 (1) (b) of the statutes is repealed and recreated to read:

AB40-SA36,21,7 40.05 (1) (b) In lieu of employee payment, the employer may pay all or part of the contributions required by par. (a), but all the payments shall be available for benefit purposes to the same extent as required contributions deducted from earnings of the participating employees. Action to assume employee contributions as provided under this paragraph shall be taken at the time and in the form determined by the governing body of the participating employer. The state shall pay under this paragraph for employees who are covered by a collective bargaining agreement under subch. V or VI of ch. 111 and for employees whose fringe benefits are determined under s. 230.12 an amount equal to 4 percent of the earnings paid by the state unless otherwise provided in a collective bargaining agreement under subch. V or VI of ch. 111 or unless otherwise determined under s. 230.12. The University of Wisconsin Hospitals and Clinics Authority shall pay under this paragraph for employees who are covered by a collective bargaining agreement under subch. I of ch. 111 and for employees whose fringe benefits are determined under s. 233.10 an amount equal to 4 percent of the earnings paid by the authority unless otherwise provided in a collective bargaining agreement under subch. I of ch. 111 or unless otherwise determined under s. 233.10. The state shall pay under this paragraph for employees who are not covered by a collective bargaining agreement under subch. V or VI of ch. 111 and for employees whose fringe benefits are not determined under s. 230.12 an amount equal to 4 percent of the earnings paid by the state unless a different amount is recommended by the director of the office of state employment relations and approved by the joint committee on employment relations in the manner provided for approval of changes in the compensation plan under s. 230.12 (3). The University of Wisconsin Hospitals and Clinics Authority shall pay under this paragraph for its employees who are not covered by a collective bargaining agreement under subch. I of ch. 111 an amount equal to 4 percent of the earnings paid by the authority unless a different amount is established by the board of directors of the authority under s. 233.10.

AB40-SA36,53 Section 53. 40.05 (4) (ag) (intro.) of the statutes is amended to read:

AB40-SA36,21,11 40.05 (4) (ag) (intro.) Except as otherwise provided in a collective bargaining agreement under s. 230.12 or 233.10 or subch. I, V, or VI of ch. 111, the employer shall pay for its currently employed insured employees:

AB40-SA36,54 Section 54. 40.05 (4) (b) of the statutes is amended to read:

AB40-SA36,22,20 40.05 (4) (b) Except as provided under pars. (bc) and (bp), accumulated unused sick leave under ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 238.04 (8), and 757.02 (5) and subch. I, V, or VI of ch. 111 of any eligible employee shall, at the time of death, upon qualifying for an immediate annuity or for a lump sum payment under s. 40.25 (1) or upon termination of creditable service and qualifying as an eligible employee under s. 40.02 (25) (b) 6. or 10., be converted, at the employee's highest basic pay rate he or she received while employed by the state, to credits for payment of health insurance premiums on behalf of the employee or the employee's surviving insured dependents. Any supplemental compensation that is paid to a state employee who is classified under the state classified civil service as a teacher, teacher supervisor, or education director for the employee's completion of educational courses that have been approved by the employee's employer is considered as part of the employee's basic pay for purposes of this paragraph. The full premium for any eligible employee who is insured at the time of retirement, or for the surviving insured dependents of an eligible employee who is deceased, shall be deducted from the credits until the credits are exhausted and paid from the account under s. 40.04 (10), and then deducted from annuity payments, if the annuity is sufficient. The department shall provide for the direct payment of premiums by the insured to the insurer if the premium to be withheld exceeds the annuity payment. Upon conversion of an employee's unused sick leave to credits under this paragraph or par. (bf), the employee or, if the employee is deceased, the employee's surviving insured dependents may initiate deductions from those credits or may elect to delay initiation of deductions from those credits, but only if the employee or surviving insured dependents are covered by a comparable health insurance plan or policy during the period beginning on the date of the conversion and ending on the date on which the employee or surviving insured dependents later elect to initiate deductions from those credits. If an employee or an employee's surviving insured dependents elect to delay initiation of deductions from those credits, an employee or the employee's surviving insured dependents may only later elect to initiate deductions from those credits during the annual enrollment period under par. (be). A health insurance plan or policy is considered comparable if it provides hospital and medical benefits that are substantially equivalent to the standard health insurance plan established under s. 40.52 (1).

AB40-SA36,55 Section 55. 40.05 (4) (bw) of the statutes is amended to read:

AB40-SA36,23,7 40.05 (4) (bw) On converting accumulated unused sick leave to credits for the payment of health insurance premiums under par. (b), the department shall add additional credits, calculated in the same manner as are credits under par. (b), that are based on a state employee's accumulated sabbatical leave or earned vacation leave from the state employee's last year of service prior to retirement, or both. The department shall apply the credits awarded under this paragraph for the payment of health insurance premiums only after the credits awarded under par. (b) are exhausted. This paragraph applies only to state employees who are eligible for accumulated unused sick leave conversion under par. (b) and who are entitled to the benefits under this paragraph pursuant to a collective bargaining agreement under subch. V or VI of ch. 111.

AB40-SA36,56 Section 56. 40.05 (4g) (a) 4. of the statutes is amended to read:

AB40-SA36,23,13 40.05 (4g) (a) 4. Has received a military leave of absence under s. 230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V or VI of ch. 111 or under rules promulgated by the director of the office of state employment relations or is eligible for reemployment with the state under s. 321.64 after completion of his or her service in the U.S. armed forces.

AB40-SA36,57 Section 57. 40.05 (5) (intro.) of the statutes is amended to read:

AB40-SA36,23,19 40.05 (5) Income continuation insurance premiums. (intro.) For the income continuation insurance provided under subch. V the employee shall pay the amount remaining after the employer has contributed the following or, if different, the amount determined under a collective bargaining agreement under subch. I, V, or VI of ch. 111 or s. 230.12 or 233.10:

AB40-SA36,58 Section 58. 40.05 (5) (b) 4. of the statutes is amended to read:

AB40-SA36,23,23 40.05 (5) (b) 4. The accrual and crediting of sick leave shall be determined in accordance with ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 238.04 (8), and 757.02 (5) and subch. I, V, or VI of ch. 111.

AB40-SA36,59 Section 59. 40.05 (6) (a) of the statutes is amended to read:

AB40-SA36,24,8 40.05 (6) (a) Except as otherwise provided in accordance with a collective bargaining agreement under subch. I, V, or VI of ch. 111 or s. 230.12 or 233.10, each insured employee under the age of 70 and annuitant under the age of 65 shall pay for group life insurance coverage a sum, approved by the group insurance board, which shall not exceed 60 cents monthly for each $1,000 of group life insurance, based upon the last amount of insurance in force during the month for which earnings are paid. The equivalent premium may be fixed by the group insurance board if the annual compensation is paid in other than 12 monthly installments.

AB40-SA36,60 Section 60. 40.51 (7) (a) of the statutes is renumbered 40.51 (7) and amended to read:

AB40-SA36,24,21 40.51 (7) Any employer, other than the state, including an employer that is not a participating employer, may offer to all of its employees a health care coverage plan through a program offered by the group insurance board. Notwithstanding sub. (2) and ss. 40.05 (4) and 40.52 (1), the department may by rule establish different eligibility standards or contribution requirements for such employees and employers. Beginning on January 1, 2012, except as otherwise provided in a collective bargaining agreement under subch. IV of ch. 111 and except as provided in par. (b), an employer may not offer a health care coverage plan to its employees under this subsection if the employer pays more than 88 percent of the average premium cost of plans offered in any tier with the lowest employee premium cost under this subsection.

AB40-SA36,61 Section 61. 40.51 (7) (b) of the statutes is repealed.

AB40-SA36,62 Section 62. 40.62 (2) of the statutes is amended to read:

AB40-SA36,25,2 40.62 (2) Sick leave accumulation shall be determined in accordance with rules of the department, any collective bargaining agreement under subch. I, V, or VI of ch. 111, and ss. 13.121 (4), 36.30, 49.825 (4) (d) and (5) (d), 49.826 (4) (d), 230.35 (2), 233.10, 238.04 (8), 757.02 (5) and 978.12 (3).

AB40-SA36,63 Section 63. 40.80 (3) of the statutes is amended to read:

AB40-SA36,25,5 40.80 (3) Any action taken under this section shall apply to employees covered by a collective bargaining agreement under subch. V or VI of ch. 111.

AB40-SA36,64 Section 64. 40.81 (3) of the statutes is amended to read:

AB40-SA36,25,8 40.81 (3) Any action taken under this section shall apply to employees covered by a collective bargaining agreement under subch. IV or , V, or VI of ch. 111.

AB40-SA36,65 Section 65. 40.95 (1) (a) 2. of the statutes is amended to read:

AB40-SA36,25,11 40.95 (1) (a) 2. The employee has his or her compensation established in a collective bargaining agreement under subch. V or VI of ch. 111.

AB40-SA36,66 Section 66. 46.284 (4) (m) of the statutes is created to read:

AB40-SA36,25,16 46.284 (4) (m) Compensate providers, as defined in s. 46.2898 (1) (e), in accordance with any agreement under subch. V of ch. 111 relating to a provider hired directly by an enrollee and make any payroll deductions authorized by those agreements.

AB40-SA36,67 Section 67. 46.2895 (8) (a) 1. of the statutes is amended to read:

AB40-SA36,26,7 46.2895 (8) (a) 1. If the long-term care district offers employment to any individual who was previously employed by a county, which participated in creating the district and at the time of the offer had not withdrawn or been removed from the district under sub. (14), and who while employed by the county performed duties relating to the same or a substantially similar function for which the individual is offered employment by the district and whose wages, hours, and conditions of employment were established in a collective bargaining agreement with the county under subch. IV of ch. 111 that is in effect on the date that the individual commences employment with the district, with respect to that individual, abide by the terms of the collective bargaining agreement concerning the individual's wages and, if applicable, vacation allowance, sick leave accumulation, sick leave bank, holiday allowance, funeral leave allowance, personal day allowance, or paid time off allowance until the time of the expiration of that collective bargaining agreement or adoption of a collective bargaining agreement with the district under subch. IV of ch. 111 covering the individual as an employee of the district, whichever occurs first.

AB40-SA36,68 Section 68. 46.2898 of the statutes is created to read:

AB40-SA36,26,9 46.2898 Quality home care. (1) Definitions. In this section:

AB40-SA36,26,10 (a) "Authority" means the Wisconsin Quality Home Care Authority.

AB40-SA36,26,11 (b) "Care management organization" has the meaning given in s. 46.2805 (1).

AB40-SA36,26,13 (cm) "Consumer" means an adult who receives home care services and who meets all of the following criteria:

AB40-SA36,26,14 1. Is a resident of any of the following:

AB40-SA36,26,15 a. A county that has acted under sub. (2) (a).

AB40-SA36,26,16 b. A county in which the Family Care Program under s. 46.286 is available.

AB40-SA36,26,18 c. A county in which the Program of All-Inclusive Care for the Elderly under 42 USC 1396u-4 is available.

AB40-SA36,26,21 d. A county in which the self-directed services option program under 42 USC 1396n (c) is available or in which a program operated under an amendment to the state medical assistance plan under 42 USC 1396n (j) is available.

AB40-SA36,26,23 2. Self-directs all or part of his or her home care services and is an employer listed on the provider's income tax forms.

AB40-SA36,26,24 3. Is eligible to receive a home care benefit under one of the following:

AB40-SA36,26,25 a. The Family Care Program under s. 46.286.

AB40-SA36,27,1 b. The Program of All-Inclusive Care for the Elderly, under 42 USC 1396u-4.

AB40-SA36,27,4 c. A program operated under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c) or 42 USC 1396n (b) and (c) or the self-directed services option operated under 42 USC 1396n (c).

AB40-SA36,27,6 d. A program operated under an amendment to the state medical assistance plan under 42 USC 1396n (j).

AB40-SA36,27,11 (dm) "Home care" means supportive home care, personal care, and other nonprofessional services of a type that may be covered under a medical assistance waiver under 42 USC 1396n (c) and that are provided to individuals to assist them in meeting their daily living needs, ensuring adequate functioning in their homes, and permitting safe access to their communities.

AB40-SA36,27,13 (e) "Provider" means an individual who is hired by a consumer to provide home care to the consumer but does not include any of the following:

AB40-SA36,27,15 1. A person, while he or she is providing services in the capacity of an employee of any of the following entities:

AB40-SA36,27,16 a. A home health agency licensed under s. 50.49.

AB40-SA36,27,17 b. A personal care provider agency.

AB40-SA36,27,18 c. A company or agency providing supportive home care.

AB40-SA36,27,19 d. An independent living center, as defined in s. 46.96 (1) (ah).

AB40-SA36,27,21 e. A county agency or department under s. 46.215, 46.22, 46.23, 51.42, or 51.437.

AB40-SA36,27,23 2. A health care provider, as defined in s. 146.997 (1) (d), acting in his or her professional capacity.

AB40-SA36,28,7 (f) "Qualified provider" means a provider who meets the qualifications for payment through the Family Care Program under s. 46.286, the Program for All-Inclusive Care for the Elderly operated under 42 USC 1396u-4, an amendment to the state medical assistance plan under 42 USC 1396n (j), or a medical assistance waiver program operated under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c) or 42 USC 1396n (b) and (c) and any qualification criteria established in the rules promulgated under sub. (7) and who the authority determines is eligible for placement on the registry maintained by the authority under s. 52.20 (1).

AB40-SA36,28,11 (2) County participation. (a) A county board of supervisors may require a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 to follow procedures under this section and to pay providers in accordance with agreements under subch. V of ch. 111.

AB40-SA36,28,13 (b) If a county acts under par. (a), it shall notify the department and the authority of its action.

AB40-SA36,28,16 (c) A county that acts under par. (a) shall compensate providers in accordance with any agreement under subch. V of ch. 111 and make any payroll deductions authorized by such agreements.

AB40-SA36,28,21 (4) Duties of home care payors. Care management organizations, the state, and counties, as described in sub. (1) (cm) 1. a. to d., that pay for the provision of home care services to consumers shall provide to the authority the name, address, telephone number, date of hire, and date of termination of any provider hired by an individual receiving home care services.

AB40-SA36,28,22 (5) Duties of consumers. A consumer shall do all of the following:

AB40-SA36,28,25 (a) Inform the authority of the name, address, telephone number, date of hire, and date of termination of any provider hired by the consumer to provide home care services.

AB40-SA36,29,3 (b) Compensate providers in accordance with any collective bargaining agreement that applies to home care providers under subch. V of ch. 111 and make any payroll deductions authorized by the agreement.

AB40-SA36,29,6 (6) Providers. (a) A qualified provider providing home care services under this section shall be subject to the collective bargaining agreement that applies to home care providers under subch. V of ch. 111.

AB40-SA36,29,8 (b) A qualified provider may choose to be placed on the registry maintained by the authority under s. 52.20 (1).

AB40-SA36,29,12 (7) Department rule making. The department may promulgate rules defining terms, specifying which services constitute home care, establishing the qualification criteria that apply under sub. (1) (f), and establishing procedures for implementation of this section.

AB40-SA36,69 Section 69. 46.48 (9m) of the statutes is created to read:

AB40-SA36,29,17 46.48 (9m) Quality home care. The department shall award a grant to the Wisconsin Quality Home Care Authority for the purpose of providing services to recipients and providers of home care under s. 46.2898 and ch. 52 and may award grants to counties to facilitate transition to procedures established under s. 46.2898.

AB40-SA36,70 Section 70. 49.825 (3) (b) 4. of the statutes is created to read:

AB40-SA36,29,24 49.825 (3) (b) 4. The department may enter into a memorandum of understanding, as described in s. 111.70 (3m), with the certified representative of the county employees performing services under this section for the unit. If there is a dispute as to hours or conditions of employment that remains between the department and the certified representative after a good faith effort to resolve it, the department may unilaterally resolve the dispute.

AB40-SA36,71 Section 71. 49.826 (3) (b) 4. of the statutes is created to read:

AB40-SA36,30,6 49.826 (3) (b) 4. The department may enter into a memorandum of understanding, as described in s. 111.70 (3p), with the certified representative of the county employees performing services under this section in the county for the unit. If there is a dispute as to hours or conditions of employment that remains between the department and the certified representative after a good faith effort to resolve it, the department may unilaterally resolve the dispute.

AB40-SA36,72 Section 72. Chapter 52 of the statutes is created to read:

AB40-SA36,30,8 CHAPTER 52

AB40-SA36,30,9 QUALITY HOME CARE

AB40-SA36,30,10 52.01 Definitions. In this chapter:

AB40-SA36,30,11 (1) "Authority" means the Wisconsin Quality Home Care Authority.

AB40-SA36,30,12 (2) "Board" means the board of directors of the authority.

AB40-SA36,30,13 (3) "Care management organization" has the meaning given in s. 46.2805 (1).

AB40-SA36,30,14 (3m) "Consumer" has the meaning given in s. 46.2898 (1) (cm).

AB40-SA36,30,15 (4) "Department" means the department of health services.

AB40-SA36,30,16 (5) "Family Care Program" means the benefit program described in s. 46.286.

AB40-SA36,30,18 (6) "Home care provider" means an individual who is a qualified provider under s. 46.2898 (1) (f).

AB40-SA36,30,21 (7) "Medical assistance waiver program" means a program operated under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c) or 42 USC 1396n (b) and (c).

AB40-SA36,30,23 (8) "Program of All-Inclusive Care for the Elderly" means the program operated under 42 USC 1396u-4.

AB40-SA36,31,2 52.05 Creation and organization of authority. (1) Creation and membership of board. There is created a public body corporate and politic to be known as the "Wisconsin Quality Home Care Authority." The members of the board shall consist of the following members:

AB40-SA36,31,3 (a) The secretary of the department of health services or his or her designee.

AB40-SA36,31,5 (b) The secretary of the department of workforce development or his or her designee.