AB1072: Bill Text

AB1072,37,16 6. The claimant is unable to complete registration due to circumstances that the department determines are beyond the claimant's control.

AB1072,35 Section 35 . 108.04 (2) (bb) of the statutes is created to read:

AB1072,37,19 108.04 (2) (bb) The department shall, except as provided under par. (bd), waive the work search requirement under par. (a) 3. if any of the following applies:

AB1072,37,20 1. A reason specified in par (b) 1., 2., 3., or 4.

AB1072,37,21 2. The claimant performs any work for his or her customary employer.

AB1072,38,2 3. The requirements are waived under s. 108.04 (16) or 108.062 (10m), or the claimant is enrolled in and satisfactorily participating in a self-employment assistance program or another program established under state or federal law and the program provides that claimants who participate in the program shall be waived by the department from work search requirements.

AB1072,38,4 4. The claimant has not complied with the requirement because of an error made by personnel of the department.

AB1072,38,7 5. The claimant's most recent employer failed to post appropriate notice posters as to claiming unemployment benefits as required by the department by rule, and the claimant was not aware of the work search requirement.

AB1072,38,11 6. The claimant has been referred for reemployment services, is participating in such services, or is not participating in such services, but has good cause for failure to participate. For purposes of this subdivision, a claimant has good cause if he or she is unable to participate due to any of the following:

AB1072,38,12 a. A reason specified in subd. 3. or par (b) 4.

AB1072,38,13 b. The claimant is employed.

AB1072,38,14 c. The claimant is attending a job interview.

AB1072,38,16 d. Circumstances that the department determines are beyond the claimant's control.

AB1072,36 Section 36 . 108.04 (2) (bd) of the statutes is created to read:

AB1072,38,20 108.04 (2) (bd) The department may, by rule, do any of the following if doing so is necessary to comply with a requirement under federal law or is specifically allowed under federal law:

AB1072,38,21 1. Modify the availability of any waiver under par. (b) or (bb).

AB1072,38,22 2. Establish additional waivers from the requirements under par. (a) 2. and 3.

AB1072,37 Section 37 . 108.04 (2) (bm) of the statutes is amended to read:

AB1072,39,6 108.04 (2) (bm) A claimant is ineligible to receive benefits for any week for which there is a determination that the claimant failed to conduct a reasonable search for suitable comply with the registration for work and work and search requirements under par. (a) 2. or 3. or failed to provide verification to the department that the claimant complied with those requirements, unless the department has not waived the search requirement those requirements under par. (b), (bb), or (bd) or s. 108.062 (10m). If the department has paid benefits to a claimant for any such week, the department may recover the overpayment under s. 108.22.

AB1072,38 Section 38 . 601.83 (1) (a) of the statutes, as created by 2017 Wisconsin Act 138, is amended to read:

AB1072,39,22 601.83 (1) (a) Subject to par. (b), the The commissioner shall administer a state-based reinsurance program known as the healthcare stability plan in accordance with the specific terms and conditions approved by the federal department of health and human services dated July 29, 2018. Before December 31, 2023, the commissioner may not request from the federal department of health and human services a modification, suspension, withdrawal, or termination of the waiver under 42 USC 18052 under which the healthcare stability plan under this subchapter operates unless legislation has been enacted specifically directing the modification, suspension, withdrawal, or termination. Before December 31, 2023, the commissioner may request renewal, without substantive change, of the waiver under 42 USC 18052 under which the health care stability plan operates in accordance with s. 20.940 (4) unless legislation has been enacted that is contrary to such a renewal request. The commissioner shall comply with applicable timing in and requirements of s. 20.940.

AB1072,39 Section 39 . 601.83 (1) (b) of the statutes, as created by 2017 Wisconsin Act 138, is repealed.

AB1072,40 Section 40. 601.83 (1) (g) of the statutes, as created by 2017 Wisconsin Act 138, is amended to read:

AB1072,40,15 601.83 (1) (g) The commissioner may promulgate any rules necessary to implement the healthcare stability plan under this section, except that any rules promulgated under this paragraph shall seek to maximize federal funding for the healthcare stability plan and shall comply with this section and with the approval by the federal department of health and human services dated July 29, 2018. The commissioner may promulgate rules necessary to implement this section as emergency rules under s. 227.24. Notwithstanding s. 227.24 (1) (a) and (3), the commissioner is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph. An emergency rule promulgated by the commissioner under this paragraph before January 1, 2019, remains in effect until it is superseded by a subsequent permanent rule.

AB1072,41 Section 41 . 601.83 (1) (h) of the statutes, as created by 2017 Wisconsin Act 138, is amended to read:

AB1072,40,24 601.83 (1) (h) In 2019 and in each subsequent year, the commissioner may expend no more than $200,000,000 from all revenue sources for the healthcare stability plan under this section, unless the joint committee on finance under s. 13.10 has increased this amount upon request by the commissioner. The commissioner shall ensure that sufficient funds are available for the healthcare stability plan under this section to operate as described in the approval of the federal department of health and human services dated July 29, 2018.

AB1072,42 Section 42 . 601.83 (1) (i) of the statutes is created to read:

AB1072,41,4 601.83 (1) (i) The commissioner shall complete and submit any reports, provide any information, and participate in any oversight activities required by the federal department of health and human services to implement and maintain the healthcare stability plan under this subchapter.

AB1072,43 Section 43 . 601.85 (4) of the statutes, as created by 2017 Wisconsin Act 138, is repealed.

AB1072,44 Section 44 . Nonstatutory provisions.

AB1072,41,14 (1) Requests for appropriation transfers. During the 2018-19 fiscal year, the department of workforce development may submit to the joint committee on finance one or more requests to transfer moneys from the appropriation account under s. 20.445 (1) (b) to the appropriation accounts under s. 20.445 (1) (dg) and (e) for the purpose of funding the grant programs under ss. 106.13 (3m) and 106.272. If the committee approves a request in whole or in part, the committee may transfer moneys without making any of the findings required under s. 13.101 (4).

AB1072,41,18 (2) Requirements for existing childless adults Medical Assistance recipients. Notwithstanding the requirement in s. 49.45 (23b) to begin as soon as practicable after October 31, 2018, all of the following apply to the demonstration project under s. 49.45 (23) and (23b):

AB1072,41,24 (a) The 48-month eligibility period for current recipients of Medical Assistance under s. 49.45 (23) who are not participating in an activity that qualifies as a community engagement activity begins no sooner than October 31, 2019, or no sooner than the first of the month when the eligibility of a recipient has been established, if all beneficiaries who will be subject to the community engagement activity requirement have been adequately notified.

AB1072,42,2 (b) The requirement for current recipients of Medical Assistance under s. 49.45 (23) to complete a health risk assessment applies no sooner than October 31, 2019.

AB1072,42,3 (3) Implementation of childless adult demonstration project.

AB1072,42,20 (a) The department of health services shall implement the childless adults demonstration project reforms in accordance with s. 49.45 (23b) by no later than November 1, 2019. If the department of health services is unable to fully implement the project reforms by November 1, 2019, the department may request from the joint committee on finance an extension not to exceed 90 days in a written submission that includes a report on the progress toward implementation of the project and the reason an extension is needed. If the cochairpersons of the joint committee on finance do not notify the department of health services within 14 working days after the date of the request for an extension under this paragraph that the committee has scheduled a meeting for the purpose of reviewing the extension request, the extension is considered granted. If, within 14 working days after the date of the request for an extension under this paragraph, the cochairpersons of the committee notify the department of health services that the committee has scheduled a meeting for the purpose of reviewing the extension request, the department may consider the extension granted only upon approval by the committee. The department of health services may request additional extensions under the procedure under this paragraph.

AB1072,43,4 (b) If the joint committee on finance determines that the department of health services has not complied with the deadline under par. (a), has not made sufficient progress in implementing s. 49.45 (23b), or has not complied with s. 20.940 (3) (c) in relation to the implementation of s. 49.45 (23b), the joint committee on finance may reduce from moneys allocated for state operations or administrative functions the department of health services's appropriation or expenditure authority, whichever is applicable, or change the authorized level of full-time equivalent positions for the department of health services related to the Medical Assistance program. The procedures under s. 13.10 do not apply to this paragraph.

AB1072,43,10 (4) Wisconsin healthcare stability plan 2019 payment parameters. Notwithstanding 2017 Wisconsin Act 138, section 11 (1), for the 2019 benefit year, the commissioner of insurance shall set as payment parameters for the healthcare stability plan under subch. VII of ch. 601 an attachment point of $50,000, a coinsurance rate of 50 percent, and a reinsurance cap of $250,000. The commissioner of insurance may not adjust the payment parameters for the 2019 benefit year.

AB1072,43,16 (5) Drug testing and treatment implementation deadline. The department of health services shall implement the substance abuse screening, testing, and treatment under s. 49.791 by no later than October 1, 2019, and before implementation shall comply with s. 20.940 (3) (c) as if the screening, testing, and treatment under s. 49.791 is a request approved on the effective date of this subsection.

AB1072,45 Section 45. Fiscal changes.

AB1072,43,21 (1) Workforce development; workforce training appropriation decrease. In the schedule under s. 20.005 (3) for the appropriation to the department of workforce development under s. 20.445 (1) (b), the dollar amount for fiscal year 2018-19 is decreased by $7,345,900.

AB1072,46 Section 46 . Effective dates. This act takes effect on the day after publication, except as follows:

AB1072,44,2 (1) Wisconsin healthcare stability plan. The treatment of s. 601.85 (4) takes effect on December 31, 2018.

AB1072,44,3 (End)