SB11, s. 83 19Section 83. 40.05 (1) (a) 3. of the statutes is amended to read:
SB11,36,2220 40.05 (1) (a) 3. For each participating employee whose formula rate is
21determined under s. 40.23 (2m) (e) 3., 6% of each payment of earnings the percentage
22of earnings paid by a participating employee under subd. 1
.
SB11, s. 84 23Section 84. 40.05 (1) (a) 4. of the statutes is amended to read:
SB11,37,3
140.05 (1) (a) 4. For each participating employee whose formula rate is
2determined under s. 40.23 (2m) (e) 4., 8% of each payment of earnings the percentage
3of earnings paid by a participating employee under subd. 1
.
SB11, s. 85 4Section 85. 40.05 (1) (b) of the statutes is repealed and recreated to read:
SB11,37,75 40.05 (1) (b) Except as otherwise provided in a collective bargaining agreement
6entered into under subch. IV or V of ch. 111, an employer may not pay, on behalf of
7a participating employee, any of the contributions required by par. (a).
SB11, s. 86 8Section 86. 40.05 (2m) of the statutes is repealed.
SB11, s. 87 9Section 87. 40.05 (2n) of the statutes is repealed.
SB11, s. 88 10Section 88. 40.05 (4) (a) 2. of the statutes is amended to read:
SB11,37,2411 40.05 (4) (a) 2. For an insured employee who is an eligible employee under s.
1240.02 (25) (a) 2. or (b) 1m. or 2c., the employer shall pay required employer
13contributions toward the health insurance premium of the insured employee
14beginning on the date on which the employee becomes insured. For an insured state
15employee who is currently employed, but who is not a limited term appointment
16under s. 230.26 or
an eligible employee under s. 40.02 (25) (a) 2. or (b) 1m. or 2c., the
17employer shall pay required employer contributions toward the health insurance
18premium of the insured employee beginning on the first day of the 3rd month
19beginning after the date on which the employee begins employment with the state,
20not including any leave of absence. For an insured employee who has a limited term
21appointment under s. 230.26, the employer shall pay required employer
22contributions toward the health insurance premium of the insured employee
23beginning on the first day of the 7th month beginning after the date on which the
24employee first becomes a participating employee.
SB11, s. 89 25Section 89. 40.05 (4) (ag) of the statutes is repealed and recreated to read:
SB11,38,3
140.05 (4) (ag) Except as otherwise provided in a collective bargaining
2agreement under subch. V of ch. 111, the employer shall pay for its currently
3employed insured employees:
SB11,38,74 1. For insured part-time employees other than employees specified in s. 40.02
5(25) (b) 2., including those in project positions as defined in s. 230.27 (1), who are
6appointed to work less than 1,566 hours per year, an amount determined annually
7by the director of the office of state employment relations.
SB11,38,128 2. For eligible employees not specified in subd. 1. and s. 40.02 (25) (b) 2., an
9amount not more than 88 percent of the average premium cost of plans offered in the
10tier with the lowest employee premium cost under s. 40.51 (6). Annually, the director
11of the office of state employment relations shall establish the amount that the
12employer is required to pay under this subdivision.
SB11, s. 90 13Section 90. 40.05 (4) (ar) of the statutes is repealed.
SB11, s. 91 14Section 91. 40.05 (4) (b) of the statutes is amended to read:
SB11,39,2215 40.05 (4) (b) Except as provided under pars. (bc) and (bp), accumulated unused
16sick leave under ss. 13.121 (4), 36.30, 230.35 (2), 233.10, and 757.02 (5) and subch.
17I, V, or VI of ch. 111 of any eligible employee shall, at the time of death, upon
18qualifying for an immediate annuity or for a lump sum payment under s. 40.25 (1)
19or upon termination of creditable service and qualifying as an eligible employee
20under s. 40.02 (25) (b) 6. or 10., be converted, at the employee's highest basic pay rate
21he or she received while employed by the state, to credits for payment of health
22insurance premiums on behalf of the employee or the employee's surviving insured
23dependents. Any supplemental compensation that is paid to a state employee who
24is classified under the state classified civil service as a teacher, teacher supervisor,
25or education director for the employee's completion of educational courses that have

1been approved by the employee's employer is considered as part of the employee's
2basic pay for purposes of this paragraph. The full premium for any eligible employee
3who is insured at the time of retirement, or for the surviving insured dependents of
4an eligible employee who is deceased, shall be deducted from the credits until the
5credits are exhausted and paid from the account under s. 40.04 (10), and then
6deducted from annuity payments, if the annuity is sufficient. The department shall
7provide for the direct payment of premiums by the insured to the insurer if the
8premium to be withheld exceeds the annuity payment. Upon conversion of an
9employee's unused sick leave to credits under this paragraph or par. (bf), the
10employee or, if the employee is deceased, the employee's surviving insured
11dependents may initiate deductions from those credits or may elect to delay
12initiation of deductions from those credits, but only if the employee or surviving
13insured dependents are covered by a comparable health insurance plan or policy
14during the period beginning on the date of the conversion and ending on the date on
15which the employee or surviving insured dependents later elect to initiate
16deductions from those credits. If an employee or an employee's surviving insured
17dependents elect to delay initiation of deductions from those credits, an employee or
18the employee's surviving insured dependents may only later elect to initiate
19deductions from those credits during the annual enrollment period under par. (be).
20A health insurance plan or policy is considered comparable if it provides hospital and
21medical benefits that are substantially equivalent to the standard health insurance
22plan established under s. 40.52 (1).
SB11, s. 92 23Section 92. 40.05 (4) (bw) of the statutes is amended to read:
SB11,40,924 40.05 (4) (bw) On converting accumulated unused sick leave to credits for the
25payment of health insurance premiums under par. (b), the department shall add

1additional credits, calculated in the same manner as are credits under par. (b), that
2are based on a state employee's accumulated sabbatical leave or earned vacation
3leave from the state employee's last year of service prior to retirement, or both. The
4department shall apply the credits awarded under this paragraph for the payment
5of health insurance premiums only after the credits awarded under par. (b) are
6exhausted. This paragraph applies only to state employees who are eligible for
7accumulated unused sick leave conversion under par. (b) and who are entitled to the
8benefits under this paragraph pursuant to a collective bargaining agreement under
9subch. V or VI of ch. 111.
SB11, s. 93 10Section 93. 40.05 (4) (c) of the statutes is amended to read:
SB11,40,1411 40.05 (4) (c) The employer shall contribute toward the payment of premiums
12for the plan established under s. 40.52 (3) not more than the percentage of premium
13paid by the employer for health insurance coverage under par. (ag) 2
the amount
14established under s. 40.52 (3)
.
SB11, s. 94 15Section 94. 40.05 (4g) (a) 4. of the statutes is amended to read:
SB11,40,2016 40.05 (4g) (a) 4. Has received a military leave of absence under s. 230.32 (3) (a)
17or 230.35 (3), under a collective bargaining agreement under subch. V or VI of ch. 111
18or under rules promulgated by the director of the office of state employment relations
19or is eligible for reemployment with the state under s. 321.64 after completion of his
20or her service in the U.S. armed forces.
SB11, s. 95 21Section 95. 40.05 (5) (intro.) of the statutes is amended to read:
SB11,41,222 40.05 (5) Income continuation insurance premiums. (intro.) For the income
23continuation insurance provided under subch. V the employee shall pay the amount
24remaining after the employer has contributed the following or, if different, the

1amount determined under a collective bargaining agreement under subch. I, V, or VI
2of ch. 111 or s. 230.12 or 233.10:
SB11, s. 96 3Section 96. 40.05 (5) (b) 4. of the statutes is amended to read:
SB11,41,64 40.05 (5) (b) 4. The accrual and crediting of sick leave shall be determined in
5accordance with ss. 13.121 (4), 36.30, 230.35 (2), 233.10 and 757.02 (5) and subch. I,
6V, or VI of ch. 111.
SB11, s. 97 7Section 97. 40.05 (6) (a) of the statutes is amended to read:
SB11,41,158 40.05 (6) (a) Except as otherwise provided in accordance with a collective
9bargaining agreement under subch. I, V, or VI of ch. 111 or s. 230.12 or 233.10, each
10insured employee under the age of 70 and annuitant under the age of 65 shall pay
11for group life insurance coverage a sum, approved by the group insurance board,
12which shall not exceed 60 cents monthly for each $1,000 of group life insurance,
13based upon the last amount of insurance in force during the month for which
14earnings are paid. The equivalent premium may be fixed by the group insurance
15board if the annual compensation is paid in other than 12 monthly installments.
SB11, s. 98 16Section 98. 40.22 (2) (n) of the statutes is created to read:
SB11,41,1817 40.22 (2) (n) The employee is appointed to a limited term appointment under
18s. 230.26.
SB11, s. 99 19Section 99. 40.23 (2m) (e) 2. of the statutes is amended to read:
SB11,41,2520 40.23 (2m) (e) 2. For each participant for creditable service as an elected official
21or as an executive participating employee that is performed before January 1, 2000,
222.165%; for such creditable service that is performed on or after January 1, 2000, but
23before the effective date of this subdivision .... [LRB inserts date],
2%; and for such
24creditable service that is performed on or after the effective date of this subdivision
25.... [LRB inserts date], 1.6%
.
SB11, s. 100
1Section 100. 40.32 (1) of the statutes is amended to read:
SB11,42,82 40.32 (1) The sum of all contributions allocated to a participant's account under
3each defined contribution plan sponsored by the employer, including all employer
4contributions and picked-up contributions credited with interest at the effective rate
5under ss. 40.04 (4) (a) and (5) (b) and 40.05 (2) (g) and all employee contributions
6made under ss. 40.02 (17) and 40.05 (1) and (2m), may not in any calendar year
7exceed the maximum contribution limitation established under section 415 (c) of the
8Internal Revenue Code.
SB11, s. 101 9Section 101. 40.51 (7) of the statutes is amended to read:
SB11,42,2010 40.51 (7) Any employer, other than the state, may offer to all of its employees
11a health care coverage plan through a program offered by the group insurance board.
12Notwithstanding sub. (2) and ss. 40.05 (4) and 40.52 (1), the department may by rule
13establish different eligibility standards or contribution requirements for such
14employees and employers and may by rule limit the categories of employers, other
15than the state, which may be included as participating employers under this
16subchapter. Beginning on January 1, 2012, except as otherwise provided in a
17collective bargaining agreement under subch. IV of ch. 111, an employer may not
18offer a health care coverage plan to its employees under this subsection if the
19employer pays more than 88 percent of the average premium cost of plans offered in
20any tier with the lowest employee premium cost under this subsection.
SB11, s. 102 21Section 102. 40.52 (3) of the statutes is amended to read:
SB11,43,522 40.52 (3) The group insurance board, after consulting with the board of regents
23of the University of Wisconsin System, shall establish the terms of a health insurance
24plan for graduate assistants, for teaching assistants, and for employees-in-training
25designated by the board of regents, who are employed on at least a one-third

1full-time basis and for teachers who are employed on at least a one-third full-time
2basis by the University of Wisconsin System with an expected duration of
3employment of at least 6 months but less than one year. Annually, the director of the
4office of state employment relations shall establish the amount that the employer is
5required to pay in premium costs under this subsection.
SB11, s. 103 6Section 103. 40.62 (2) of the statutes is amended to read:
SB11,43,107 40.62 (2) Sick leave accumulation shall be determined in accordance with rules
8of the department, any collective bargaining agreement under subch. I, V, or VI of
9ch. 111, and ss. 13.121 (4), 36.30, 49.825 (4) (d), 49.826 (4) (d), 230.35 (2), 233.10,
10757.02 (5) and 978.12 (3).
SB11, s. 104 11Section 104. 40.80 (3) of the statutes is amended to read:
SB11,43,1312 40.80 (3) Any action taken under this section shall apply to employees covered
13by a collective bargaining agreement under subch. V or VI of ch. 111.
SB11, s. 105 14Section 105. 40.81 (3) of the statutes is amended to read:
SB11,43,1615 40.81 (3) Any action taken under this section shall apply to employees covered
16by a collective bargaining agreement under subch. IV, or V, or VI of ch. 111.
SB11, s. 106 17Section 106. 40.95 (1) (a) 2. of the statutes is amended to read:
SB11,43,1918 40.95 (1) (a) 2. The employee has his or her compensation established in a
19collective bargaining agreement under subch. V or VI of ch. 111.
SB11, s. 107 20Section 107. 46.284 (4) (m) of the statutes is repealed.
SB11, s. 108 21Section 108. 46.2895 (8) (a) 1. of the statutes is amended to read:
SB11,44,1122 46.2895 (8) (a) 1. If the long-term care district offers employment to any
23individual who was previously employed by a county, which participated in creating
24the district and at the time of the offer had not withdrawn or been removed from the
25district under sub. (14), and who while employed by the county performed duties

1relating to the same or a substantially similar function for which the individual is
2offered employment by the district and whose wages, hours and conditions of
3employment
were established in a collective bargaining agreement with the county
4under subch. IV of ch. 111 that is in effect on the date that the individual commences
5employment with the district, with respect to that individual, abide by the terms of
6the collective bargaining agreement concerning the individual's wages and, if
7applicable, vacation allowance, sick leave accumulation, sick leave bank, holiday
8allowance, funeral leave allowance, personal day allowance, or paid time off
9allowance
until the time of the expiration of that collective bargaining agreement or
10adoption of a collective bargaining agreement with the district under subch. IV of ch.
11111 covering the individual as an employee of the district, whichever occurs first.
SB11, s. 109 12Section 109. 46.2898 of the statutes is repealed.
SB11, s. 110 13Section 110. 46.48 (9m) of the statutes is repealed.
SB11, s. 111 14Section 111. 49.175 (1) (zh) of the statutes is amended to read:
SB11,44,1815 49.175 (1) (zh) Earned income tax credit supplement. For the transfer of
16moneys from the appropriation account under s. 20.437 (2) (md) to the appropriation
17account under s. 20.835 (2) (kf) for the earned income tax credit, $6,664,200 in fiscal
18year 2009-10 and $6,664,200 $43,664,200 in fiscal year 2010-2011.
SB11, s. 112 19Section 112. 49.45 (2m) of the statutes is created to read:
SB11,44,2420 49.45 (2m) Authorization for modifications to programs; study. (a) In this
21subsection, "Medical Assistance program" includes any program operated under this
22subchapter, demonstration program operated under 42 USC 1315, and program
23operated under a waiver of federal law relating to medical assistance that is granted
24by the federal department of health and human services.
SB11,45,4
1(b) The department shall study potential changes to the Medical Assistance
2state plan and to waivers of federal law relating to medical assistance obtained from
3the federal department of health and human services for all of the following
4purposes:
SB11,45,65 1. Increasing the cost effectiveness and efficiency of care and the care delivery
6system for Medical Assistance programs.
SB11,45,87 2. Limiting switching from private health insurance to Medical Assistance
8programs.
SB11,45,109 3. Ensuring the long-term viability and sustainability of Medical Assistance
10programs.
SB11,45,1211 4. Advancing the accuracy and reliability of eligibility for Medical Assistance
12programs and claims determinations and payments.
SB11,45,1413 5. Improving the health status of individuals who receive benefits under a
14Medical Assistance program.
SB11,45,1615 6. Aligning Medical Assistance program benefit recipient and service provider
16incentives with health care outcomes.
SB11,45,1717 7. Supporting responsibility and choice of medical assistance recipients.
SB11,45,2118 (c) Subject to par. (d), if the department determines, as a result of the study
19under par. (b), that revision of existing statutes or rules would be necessary to
20advance a purpose described in par. (b) 1. to 7., the department may promulgate rules
21that do any of the following related to Medical Assistance programs:
SB11,45,2322 1. Require cost sharing from program benefit recipients up to the maximum
23allowed by federal law or a waiver of federal law.
SB11,45,2524 2. Authorize providers to deny care or services if a program benefit recipient
25is unable to share costs, to the extent allowed by federal law or waiver.
SB11,46,2
13. Modify existing benefits or establish various benefit packages and offer
2different packages to different groups of recipients.
SB11,46,33 4. Revise provider reimbursement models for particular services.
SB11,46,44 5. Mandate that program benefit recipients enroll in managed care.
SB11,46,55 6. Restrict or eliminate presumptive eligibility.
SB11,46,76 7. To the extent permitted by federal law, impose restrictions on providing
7benefits to individuals who are not citizens of the United States.
SB11,46,88 8. Set standards for establishing and verifying eligibility requirements.
SB11,46,109 9. Develop standards and methodologies to assure accurate eligibility
10determinations and redetermine continuing eligibility.
SB11,46,1211 10. Reduce income levels for purposes of determining eligibility to the extent
12allowed by federal law or waiver and subject to the limitations under par. (e) 2.
SB11,46,2413 (d) Before promulgating a rule under par. (c), the department shall submit to
14the joint committee on finance the proposed rule and any plan that the department
15develops as a result of the study under par. (b). If the cochairpersons of the committee
16do not notify the department within 14 working days after the date of the
17department's submittal that the committee has scheduled a meeting for the purpose
18of reviewing the proposed rule or plan, the proposed rule may be promulgated and
19any plan may be implemented as proposed by the department. If, within 14 working
20days after the date of the department's submittal, the cochairpersons of the
21committee notify the department that the committee has scheduled a meeting for the
22purpose of reviewing the proposed rule or plan, the proposed rule may be
23promulgated, and the plan may be implemented only upon approval of the
24committee.
SB11,47,6
1(e) 1. The department shall submit an amendment to the state Medical
2Assistance plan or request a waiver of federal laws related to medical assistance, if
3necessary, to the extent necessary to implement any rule promulgated under par. (c).
4If the federal department of health and human services does not allow the
5amendment or does not grant the waiver, the department may not put the rule into
6effect or implement the action described in the rule.
SB11,47,167 2. The department shall request a waiver from the secretary of the federal
8department of health and human services to permit the department to have in effect
9eligibility standards, methodologies, and procedures under the state Medical
10Assistance plan or waivers of federal laws related to medical assistance that are more
11restrictive than those in place on March 23, 2010. If the waiver request does not
12receive federal approval before December 31, 2011, the department shall reduce
13income levels on July 1, 2012, for the purposes of determining eligibility to 133
14percent of the federal poverty line for adults who are not pregnant and not disabled,
15to the extent permitted under 42 USC 1396a (gg), if the department follows the
16procedures under 42 USC 1396a (gg) (3).
SB11,47,2417 (f) Using the procedure under s. 227.24, the department may promulgate a rule
18under par. (c) as an emergency rule. Notwithstanding s. 227.24 (1) (a) and (3), the
19department is not required to provide evidence that promulgating a rule under par.
20(c) as an emergency rule is necessary for the preservation of the public peace, health,
21safety, or welfare and is not required to provide a finding of emergency for a rule
22promulgated under par. (c). Notwithstanding s. 227.24 (1) (c) and (2), an emergency
23rule promulgated under this paragraph remains in effect until whichever of the
24following occurs first:
SB11,47,2525 1. The effective date of the repeal of the emergency rule.
SB11,48,2
12. The date on which the permanent rule promulgated under par. (c) takes
2effect.
SB11, s. 113 3Section 113. 49.45 (3) (n) of the statutes is created to read:
SB11,48,54 49.45 (3) (n) This subsection does not apply if the department promulgates a
5rule under sub. (2m) (c) 4., to the extent that the rule conflicts with this subsection.
SB11, s. 114 6Section 114. 49.45 (6m) (n) of the statutes is created to read:
SB11,48,87 49.45 (6m) (n) This subsection does not apply if the department promulgates
8a rule under sub. (2m) (c) 4., to the extent that the rule conflicts with this subsection.
SB11, s. 115 9Section 115. 49.45 (8) (b) of the statutes is amended to read:
SB11,48,1510 49.45 (8) (b) Reimbursement Unless otherwise provided by the department by
11rule promulgated under sub. (2m) (c), reimbursement
under s. 20.435 (4) (b), (o), and
12(w) for home health services provided by a certified home health agency or
13independent nurse shall be made at the home health agency's or nurse's usual and
14customary fee per patient care visit, subject to a maximum allowable fee per patient
15care visit that is established under par. (c).
SB11, s. 116 16Section 116. 49.45 (8) (c) of the statutes is amended to read:
SB11,48,2217 49.45 (8) (c) The department shall establish a maximum statewide allowable
18fee per patient care visit, for each type of visit with respect to provider, that may be
19no greater than the cost per patient care visit, as determined by the department from
20cost reports of home health agencies, adjusted for costs related to case management,
21care coordination, travel, record keeping and supervision, unless otherwise provided
22by the department by rule promulgated under sub. (2m) (c)
.
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