AB64: Bill Text

AB64,493,3 (2) Upon completion of the demonstration project under sub. (1) and by June 30, 2023, the department of children and families shall conduct an evaluation of the demonstration project.

AB64,925 Section 925. 49.45 (8) (a) 3. of the statutes is amended to read:

AB64,493,6 49.45 (8) (a) 3. “Occupational therapist" has the meaning given in s. 448.96 464.20 (4).

AB64,926 Section 926. 49.45 (8) (a) 5. of the statutes is amended to read:

AB64,493,9 49.45 (8) (a) 5. “Physical therapist" has the meaning given in s. 448.50 464.01 (3).

AB64,927 Section 927. 49.45 (23) (g) 1. f. of the statutes is created to read:

AB64,493,12 49.45 (23) (g) 1. f. Provide employment and training services to childless adults receiving Medical Assistance under this subsection.

AB64,928 Section 928. 49.45 (23) (g) 2. of the statutes is amended to read:

AB64,493,23 49.45 (23) (g) 2. If the secretary of the federal department of health and human services approves the amendment to the waiver under par. (a), in whole or in part, the department shall implement the changes to the demonstration project under this subsection specified in subd. 1. a. to e. that are approved by the secretary, consistent with the approval. If the secretary of the federal department of health and human services approves the amendment to the waiver under par. (a), in whole or in part, the department shall implement the change to the demonstration project under this subsection specified in subd. 1. f. consistent with the approval of the secretary if the federal government provides federal financial participation for providing employment and training services under subd. 1. f.

AB64,929 Section 929. 49.45 (54) (b) of the statutes is repealed.

AB64,930 Section 930. 49.45 (54) (c) of the statutes is created to read:

AB64,494,8 49.45 (54) (c) Special services. From the appropriations under s. 20.435 (4) (b) and (o) and (7) (bt), the department may pay the costs of services provided under the early intervention program under s. 51.44 that are included in program participant's individualized family service plan and that were not authorized for payment under the state Medicaid plan or a department policy before July 1, 2017, including any services under the early intervention program under s. 51.44 that are delivered by a type of provider that becomes certified to provide Medical Assistance service on July 1, 2017, or after.

AB64,931 Section 931. 49.46 (1) (em) of the statutes is created to read:

AB64,494,16 49.46 (1) (em) To the extent approved by the federal government, for the purposes of determining financial eligibility and any cost-sharing requirements of an individual under par. (a) 6m., 14., or 14m., (d) 2., or (e), the department or its designee shall exclude any assets accumulated in a person's independence account, as defined in s. 49.472 (1) (c), and any income or assets from retirement benefits earned or accumulated from income or employer contributions while employed and receiving state-funded benefits under s. 46.27 or medical assistance under s. 49.472.

AB64,932 Section 932. 49.46 (2) (b) 17. of the statutes is amended to read:

AB64,494,20 49.46 (2) (b) 17. Services under s. 49.45 (54) (b) (c) for children participating in the early intervention program under s. 51.44, that are provided by a special educator.

AB64,933 Section 933. 49.47 (4) (c) 1. of the statutes is amended to read:

AB64,495,8 49.47 (4) (c) 1. Except To the extent approved by the federal government and except as provided in par. (am), eligibility exists if income does not exceed 133 1/3 100 percent of the maximum aid to families with dependent children payment under s. 49.19 (11) poverty line for the applicant's family size or the combined benefit amount available under supplemental security income under 42 USC 1381 to 1383c and state supplemental aid under s. 49.77 whichever is lower. In this subdivision “ income" includes earned or unearned income that would be included in determining eligibility for the individual or family under s. 49.19 or 49.77, or for the aged, blind or disabled under 42 USC 1381 to 1385. “Income" does not include earned or unearned income which would be excluded in determining eligibility for the individual or family under s. 49.19 or 49.77, or for the aged, blind or disabled individual under 42 USC 1381 to 1385.

AB64,934 Section 934. 49.472 (3) (a) of the statutes is amended to read:

AB64,495,16 49.472 (3) (a) The individual's family's net income is less than 250 percent of the poverty line for a family the size of the individual's family. In calculating the net income, the department shall apply all of the exclusions specified under 42 USC 1382a (b) and to the extent approved by the federal government shall exclude medical and remedial expenditures and long-term care costs in excess of $500 per month that would be incurred by the individual in absence of coverage under the medical assistance purchase plan or a Medicaid long-term care program.

AB64,935 Section 935. 49.472 (3) (b) of the statutes is amended to read:

AB64,495,25 49.472 (3) (b) The individual's assets do not exceed $15,000. In determining assets, the department may not include assets that are excluded from the resource calculation under 42 USC 1382b (a) or, assets accumulated in an independence account, and, to the extent approved by the federal government, assets from retirement benefits accumulated from income or employer contributions while employed and receiving medical assistance under this section or state-funded benefits under s. 46.27. The department may exclude, in whole or in part, the value of a vehicle used by the individual for transportation to paid employment.

AB64,936 Section 936. 49.472 (3) (f) of the statutes is amended to read:

AB64,496,5 49.472 (3) (f) The individual maintains premium payments under sub. (4) (am) and, if applicable and to the extent approved by the federal government, premium payments calculated by the department in accordance with sub. (4) (bm), unless the individual is exempted from premium payments under sub. (4) (b) (dm) or (5).

AB64,937 Section 937. 49.472 (3) (g) of the statutes is amended to read:

AB64,496,14 49.472 (3) (g) The individual is engaged in gainful employment or is participating in a program that is certified by the department to provide health and employment services that are aimed at helping the individual achieve employment goals. To the extent approved by the federal government, an individual shall prove gainful employment and earned income to the department by providing wage income or prove in-kind work income by federal tax filing documentation. To qualify as gainful income, the amount of in-kind income shall be equal to or greater than the minimum amount for which federal income tax reporting is required.

AB64,938 Section 938. 49.472 (4) (a) (intro.) of the statutes is renumbered 49.472 (4) (am) and amended to read:

AB64,496,22 49.472 (4) (am) Except To the extent approved by the federal government and except as provided in par. (b) pars. (dm) and (em) and sub. (5), an individual who is eligible for medical assistance under sub. (3) and receives medical assistance under this section shall pay a monthly premium of $25 to the department. The department shall establish the monthly premiums by rule in accordance with the following guidelines:

AB64,939 Section 939. 49.472 (4) (a) 1. of the statutes is repealed.

AB64,940 Section 940. 49.472 (4) (a) 2. of the statutes is repealed.

AB64,941 Section 941. 49.472 (4) (a) 2m. of the statutes is repealed.

AB64,942 Section 942. 49.472 (4) (a) 3. of the statutes is repealed.

AB64,943 Section 943. 49.472 (4) (b) of the statutes is repealed.

AB64,944 Section 944. 49.472 (4) (bm) of the statutes is created to read:

AB64,497,9 49.472 (4) (bm) To the extent approved by the federal government, in addition to the $25 monthly premium under par. (am), an individual who receives medical assistance under this section and whose individual income exceeds 100 percent of the poverty line for a single-person household shall pay 3 percent of his or her adjusted earned and unearned monthly income under par. (cm) that is in excess of 100 percent of the poverty line.

AB64,945 Section 945. 49.472 (4) (cm) of the statutes is created to read:

AB64,497,14 49.472 (4) (cm) For the purposes of par. (bm), an individual's adjusted earned and unearned monthly income is calculated by subtracting from the individual's earned and unearned monthly income his or her actual out-of-pocket medical and remedial expenses, long-term care costs, and impairment-related work expenses.

AB64,946 Section 946. 49.472 (4) (dm) of the statutes is created to read:

AB64,497,18 49.472 (4) (dm) The department shall temporarily waive an individual's monthly premium under par. (am) and, if applicable, par. (bm) when the department determines that paying the premium would be an undue hardship on the individual.

AB64,947 Section 947. 49.472 (4) (em) of the statutes is created to read:

AB64,498,7 49.472 (4) (em) If the department determines that a state plan amendment or waiver of federal Medicaid law is necessary to implement the premium methodology under this subsection and changes to the income and asset eligibility under sub. (3) and s. 49.47 (4) (c) 1., the department shall submit a state plan amendment or waiver request to the federal department of health and human services requesting those changes. If a state plan amendment or waiver is not necessary or if the federal department of health and human services does not disapprove the state plan amendment or waiver request, the department may implement subs. (3) and (4) and s. 49.47 (4) (c) 1. with any adjustments from the federal department of health and human services. If the federal department of health and human services disapproves the state plan amendment or waiver request in whole or in part, the department may implement the income and asset eligibility requirements and premium methodology under subs. (3) and (4), 2015 stats., and s. 49.47 (4) (c) 1., 2015 stats.

AB64,948 Section 948. 49.472 (5) of the statutes is amended to read:

AB64,498,12 49.472 (5) Community options participants. From the appropriation under s. 20.435 (4) (bd), the department may pay all or a portion of the monthly premium calculated under sub. (4) (a) for an individual who is a participant in the community options program under s. 46.27 (11).

AB64,949 Section 949 . 49.472 (6) (a) of the statutes is amended to read:

AB64,498,19 49.472 (6) (a) Notwithstanding sub. (4) (a) 3., from the appropriation accounts under s. 20.435 (4) (b), (gm), or (w), the department shall, on the part of an individual who is eligible for medical assistance under sub. (3), pay premiums for or purchase individual coverage offered by the individual's employer if the department determines that paying the premiums for or purchasing the coverage will not be more costly than providing medical assistance.

AB64,950 Section 950. 49.497 (1m) (a) of the statutes is amended to read:

AB64,499,11 49.497 (1m) (a) If, after notice that an incorrect payment was made, a recipient, or parent of a minor recipient, who is liable for repayment of an incorrect payment fails to repay the incorrect payment or enter into, or comply with, an agreement for repayment, the department may bring an action to enforce the liability or may issue an order to compel payment of the liability. The department shall issue the order to compel payment personally or by any type of mail service that requires a signature of acceptance from the recipient at the address of the person who is liable for repayment as it appears on the records of the department. The refusal or failure to accept or receive the order to compel payment by the person who is liable for repayment does not prevent the department from enforcing the order to compel repayment. Any person aggrieved by an order issued by the department under this paragraph may appeal the order as a contested case under ch. 227 by filing with the department a request for a hearing within 30 days after the date of the order. The only issue at the hearing shall be the determination by the department that the person has not repaid the incorrect payment or entered into, or complied with, an agreement for repayment.

AB64,951 Section 951. 49.497 (1m) (b) of the statutes is amended to read:

AB64,499,24 49.497 (1m) (b) If any recipient, or parent of a minor recipient, named in an order to compel payment issued under par. (a) fails to pay the department any amount due under the terms of the order and no contested case to review the order is pending and the time for filing for a contested case review has expired, the department may present a certified true and accurate copy of the order to the circuit court for any county. The sworn statement of the secretary An affidavit from the collections unit of the department responsible for recoveries under this section shall be evidence of the incorrect payment. The circuit court shall, without notice, render judgment in accordance with the order. A judgment rendered under this paragraph shall have the same effect and shall be entered in the judgment and lien docket and may be enforced in the same manner as if the judgment had been rendered in an action tried and determined by the circuit court.

AB64,952 Section 952. 49.497 (1r) (a) of the statutes is amended to read:

AB64,500,17 49.497 (1r) (a) The department may recover any penalty assessment not paid under s. 49.471 (9) (c) from the employer against which the penalty was assessed. If, after notice that payment of a penalty is overdue, the employer who is liable fails to pay the penalty amount, or enter into or comply with an agreement for payment, the department may bring an action to enforce the liability or may issue an order to compel payment of the liability. The department shall issue the order to compel payment personally or by any type of mail service that requires a signature of acceptance from the recipient at the address of the employer who is liable for repayment as it appears on the records of the department. The refusal or failure to accept or receive the order to compel payment by the employer who is liable for repayment does not prevent the department from enforcing the order to compel repayment. Any person aggrieved by an order issued by the department under this paragraph may appeal the order as a contested case under ch. 227 by filing with the department a request for a hearing within 30 days after the date of the order. The only issue at the hearing shall be the determination by the department that the person has not paid the penalty or entered into, or complied with, an agreement for payment.

AB64,953 Section 953. 49.497 (1r) (b) of the statutes is amended to read:

AB64,501,5 49.497 (1r) (b) If any employer named in an order to compel payment issued under par. (a) fails to pay the department any amount due under the terms of the order and no contested case to review the order is pending and the time for filing for a contested case review has expired, the department may present a certified true and accurate copy of the order to the circuit court for any county. The sworn statement of the secretary An affidavit from the collections unit of the department responsible for recoveries under this section shall be evidence of the failure to pay the penalty. The circuit court shall, without notice, render judgment in accordance with the order. A judgment rendered under this paragraph shall have the same effect and shall be entered in the judgment and lien docket and may be enforced in the same manner as if the judgment had been rendered in an action tried and determined by the circuit court.

AB64,954 Section 954. 49.79 (1) (am) 4. of the statutes is renumbered 49.79 (1) (ap) 4.

AB64,955 Section 955. 49.79 (1) (am) 5. of the statutes is renumbered 49.79 (1) (ap) 5.

AB64,956 Section 956. 49.79 (1) (am) 7. of the statutes is renumbered 49.79 (1) (ap) 7.

AB64,957 Section 957. 49.79 (1) (ap) (intro.) of the statutes is created to read:

AB64,501,11 49.79 (1) (ap) (intro.) “Able-bodied adult without dependents” means an able-bodied adult who is not any of the following:

AB64,958 Section 958 . 49.79 (1) (bg) of the statutes is created to read:

AB64,501,13 49.79 (1) (bg) “Custodial parent" has the meaning given in s. 49.141 (1) (b).

AB64,959 Section 959 . 49.79 (1) (em) of the statutes is created to read:

AB64,501,15 49.79 (1) (em) “Noncustodial parent" has the meaning given in s. 49.141 (1) (h).

AB64,960 Section 960. 49.79 (1r) of the statutes is created to read:

AB64,501,17 49.79 (1r) Eligibility; asset limit. (a) In this subsection:

AB64,501,19 1. “Elderly, blind, or disabled individual” has the meaning given for “elderly or disabled member” in 7 USC 2012 (j).

AB64,501,20 2. “Household” has the meaning given in 7 USC 2012 (m).

AB64,501,25 3. “Liquid assets” means an individual's financial resources that are cash or can be converted to cash without incurring penalties, excluding the equity value of vehicles or of a home serving as the individual's primary residence. “Liquid assets” does not include any financial resources designated by the department by rule as excluded for the purposes of this subsection.

AB64,502,4 (b) Subject to par. (c), an individual who is not an elderly, blind, or disabled individual is ineligible to participate in the food stamp program in a month in which the household of which the individual is a member has liquid assets of more than $25,000.

AB64,502,8 (c) If necessary, the department shall request a waiver from the U.S. department of agriculture to implement this subsection. If the U.S. department of agriculture disapproves the waiver request, the department may not implement this subsection.

AB64,961 Section 961 . 49.79 (6m) of the statutes is created to read:

AB64,502,13 49.79 (6m) Eligibility denial; child support noncompliance. (a) In this subsection, what constitutes a refusal to cooperate is determined by the department in accordance with 7 USC 2015 (l) and (m) and any federal regulations promulgated under 7 USC 2015 (l) and (m).

AB64,502,15 (b) An individual is ineligible to participate in the food stamp program in a month in which any of the following is true:

AB64,502,16 1. The individual satisfies all of the following:

AB64,502,18 a. The individual is a custodial parent of or lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent.

AB64,502,21 b. The individual refuses to cooperate fully, in good faith, with efforts directed at establishing or enforcing any support order or obtaining any other payments or property to which that individual or the child may have rights.

AB64,502,24 c. The individual does not have good cause for refusing to cooperate, as determined by the department in accordance with 7 USC 2015 (l) (2) and any federal regulations promulgated under 7 USC 2015 (l) (2).

AB64,503,2 2. The individual is a noncustodial parent of a child under the age of 18 and the individual refuses to cooperate in providing or obtaining support for the child.

AB64,962 Section 962 . 49.79 (6q) of the statutes is created to read:

AB64,503,7 49.79 (6q) Eligibility denial; paternity. (a) In this subsection, the department shall determine what constitutes a refusal to cooperate in accordance with 7 USC 2015 (l) and (m) and any federal regulations promulgated under 7 USC 2015 (l) and (m).

AB64,503,9 (b) An individual is ineligible to participate in the food stamp program in a month in which any of the following is true:

AB64,503,10 1. The individual satisfies all of the following:

AB64,503,12 a. The individual is a custodial parent of or lives with and exercises parental control over a child who is under the age of 18 and who has an absent parent.

AB64,503,14 b. The individual refuses to cooperate fully, in good faith, with applicable efforts directed at establishing the paternity of the child.

AB64,503,17 c. The individual does not have good cause for refusing to cooperate, as determined by the department in accordance with 7 USC 2015 (l) (2) and any federal regulations promulgated under 7 USC 2015 (l) (2).

AB64,503,19 2. The individual is one of the following and refuses to cooperate fully, in good faith, with efforts directed at establishing the paternity of the child:

AB64,503,20 a. Alleged to be the father under s. 767.80 of a child under the age of 18.

AB64,503,22 b. A noncustodial parent of a child under the age of 18 for whom paternity has not been established.

AB64,963 Section 963 . 49.79 (6t) of the statutes is created to read:

AB64,504,2 49.79 (6t) Eligibility denial; delinquent support. An individual is ineligible to participate in the food stamp program in a month in which the individual is obligated by court order to provide support payments and is delinquent in making those court-ordered payments, unless any of the following is true: