AB977,21,2018 40.05 (1) (b) In lieu of employee payment, the employer may pay all or part of
19the contributions required by par. (a), but all the payments shall be available for
20benefit purposes to the same extent as required contributions deducted from
21earnings of the participating employees. Action to assume employee contributions
22as provided under this paragraph shall be taken at the time and in the form
23determined by the governing body of the participating employer. The state shall pay
24under this paragraph for employees who are covered by a collective bargaining
25agreement under subch. V or VI of ch. 111 and for employees whose fringe benefits

1are determined under s. 230.12 an amount equal to 4 percent of the earnings paid
2by the state unless otherwise provided in a collective bargaining agreement under
3subch. V or VI of ch. 111 or unless otherwise determined under s. 230.12. The
4University of Wisconsin Hospitals and Clinics Authority shall pay under this
5paragraph for employees who are covered by a collective bargaining agreement
6under subch. I of ch. 111 and for employees whose fringe benefits are determined
7under s. 233.10 an amount equal to 4 percent of the earnings paid by the authority
8unless otherwise provided in a collective bargaining agreement under subch. I of ch.
9111 or unless otherwise determined under s. 233.10. The state shall pay under this
10paragraph for employees who are not covered by a collective bargaining agreement
11under subch. V or VI of ch. 111 and for employees whose fringe benefits are not
12determined under s. 230.12 an amount equal to 4 percent of the earnings paid by the
13state unless a different amount is recommended by the administrator of the division
14of personnel management in the department of administration and approved by the
15joint committee on employment relations in the manner provided for approval of
16changes in the compensation plan under s. 230.12 (3). The University of Wisconsin
17Hospitals and Clinics Authority shall pay under this paragraph for its employees
18who are not covered by a collective bargaining agreement under subch. I of ch. 111
19an amount equal to 4 percent of the earnings paid by the authority unless a different
20amount is established by the board of directors of the authority under s. 233.10.
AB977,49 21Section 49 . 40.05 (4) (ag) (intro.) of the statutes is amended to read:
AB977,21,2422 40.05 (4) (ag) (intro.) Except as otherwise provided in a collective bargaining
23agreement under s. 230.12 or 233.10 or subch. I, V, or VI of ch. 111, the employer shall
24pay for its currently employed insured employees:
AB977,50 25Section 50 . 40.05 (4) (b) of the statutes is amended to read:
AB977,23,8
140.05 (4) (b) Except as provided under pars. (bc) and (bp), accumulated unused
2sick leave under ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 238.04 (8), and 757.02 (5)
3and subch. I, V, or VI of ch. 111 of any eligible employee shall, at the time of death,
4upon qualifying for an immediate annuity or for a lump sum payment under s. 40.25
5(1) or upon termination of creditable service and qualifying as an eligible employee
6under s. 40.02 (25) (b) 6. or 10., be converted, at the employee's highest basic pay rate
7he or she received while employed by the state, to credits for payment of health
8insurance premiums on behalf of the employee or the employee's surviving insured
9dependents. Any supplemental compensation that is paid to a state employee who
10is classified under the state classified civil service as a teacher, teacher supervisor,
11or education director for the employee's completion of educational courses that have
12been approved by the employee's employer is considered as part of the employee's
13basic pay for purposes of this paragraph. The full premium for any eligible employee
14who is insured at the time of retirement, or for the surviving insured dependents of
15an eligible employee who is deceased, shall be deducted from the credits until the
16credits are exhausted and paid from the account under s. 40.04 (10), and then
17deducted from annuity payments, if the annuity is sufficient. The department shall
18provide for the direct payment of premiums by the insured to the insurer if the
19premium to be withheld exceeds the annuity payment. Upon conversion of an
20employee's unused sick leave to credits under this paragraph or par. (bf), the
21employee or, if the employee is deceased, the employee's surviving insured
22dependents may initiate deductions from those credits or may elect to delay
23initiation of deductions from those credits, but only if the employee or surviving
24insured dependents are covered by a comparable health insurance plan or policy
25during the period beginning on the date of the conversion and ending on the date on

1which the employee or surviving insured dependents later elect to initiate
2deductions from those credits. If an employee or an employee's surviving insured
3dependents elect to delay initiation of deductions from those credits, an employee or
4the employee's surviving insured dependents may only later elect to initiate
5deductions from those credits during the annual enrollment period under par. (be).
6A health insurance plan or policy is considered comparable if it provides hospital and
7medical benefits that are substantially equivalent to the standard health insurance
8plan established under s. 40.52 (1).
AB977,51 9Section 51 . 40.05 (4) (bw) of the statutes is amended to read:
AB977,23,2010 40.05 (4) (bw) On converting accumulated unused sick leave to credits for the
11payment of health insurance premiums under par. (b), the department shall add
12additional credits, calculated in the same manner as are credits under par. (b), that
13are based on a state employee's accumulated sabbatical leave or earned vacation
14leave from the state employee's last year of service prior to retirement, or both. The
15department shall apply the credits awarded under this paragraph for the payment
16of health insurance premiums only after the credits awarded under par. (b) are
17exhausted. This paragraph applies only to state employees who are eligible for
18accumulated unused sick leave conversion under par. (b) and who are entitled to the
19benefits under this paragraph pursuant to a collective bargaining agreement under
20subch. V or VI of ch. 111.
AB977,52 21Section 52 . 40.05 (4g) (a) 4. of the statutes is amended to read:
AB977,24,222 40.05 (4g) (a) 4. Has received a military leave of absence under s. 230.32 (3) (a)
23or 230.35 (3), under a collective bargaining agreement under subch. V or VI of ch. 111
24or under rules promulgated by the administrator of the division of personnel
25management in the department of administration or is eligible for reemployment

1with the state under s. 321.64 after completion of his or her service in the U.S. armed
2forces.
AB977,53 3Section 53 . 40.05 (5) (intro.) of the statutes is amended to read:
AB977,24,84 40.05 (5) Income continuation insurance premiums. (intro.) For the income
5continuation insurance provided under subch. V the employee shall pay the amount
6remaining after the employer has contributed the following or, if different, the
7amount determined under a collective bargaining agreement under subch. I, V, or VI
8of ch. 111 or s. 230.12 or 233.10:
AB977,54 9Section 54 . 40.05 (5) (b) 4. of the statutes is amended to read:
AB977,24,1210 40.05 (5) (b) 4. The accrual and crediting of sick leave shall be determined in
11accordance with ss. 13.121 (4), 36.30, 230.35 (2), 233.10, 238.04 (8), and 757.02 (5)
12and subch. I, V, or VI of ch. 111.
AB977,55 13Section 55 . 40.05 (6) (a) of the statutes is amended to read:
AB977,24,2114 40.05 (6) (a) Except as otherwise provided in accordance with a collective
15bargaining agreement under subch. I, V, or VI of ch. 111 or s. 230.12 or 233.10, each
16insured employee under the age of 70 and annuitant under the age of 65 shall pay
17for group life insurance coverage a sum, approved by the group insurance board,
18which shall not exceed 60 cents monthly for each $1,000 of group life insurance,
19based upon the last amount of insurance in force during the month for which
20earnings are paid. The equivalent premium may be fixed by the group insurance
21board if the annual compensation is paid in other than 12 monthly installments.
AB977,56 22Section 56 . 40.51 (7) (a) of the statutes is renumbered 40.51 (7) and amended
23to read:
AB977,25,924 40.51 (7) Any employer, other than the state, including an employer that is not
25a participating employer, may offer to all of its employees a health care coverage plan

1through a program offered by the group insurance board. Notwithstanding sub. (2)
2and ss. 40.05 (4) and 40.52 (1), the department may by rule establish different
3eligibility standards or contribution requirements for such employees and
4employers. Beginning on January 1, 2012, except as otherwise provided in a
5collective bargaining agreement under subch. IV of ch. 111 and except as provided
6in par. (b)
, an employer may not offer a health care coverage plan to its employees
7under this subsection if the employer pays more than 88 percent of the average
8premium cost of plans offered in any tier with the lowest employee premium cost
9under this subsection.
AB977,57 10Section 57 . 40.51 (7) (b) of the statutes is repealed.
AB977,58 11Section 58 . 40.62 (2) of the statutes is amended to read:
AB977,25,1512 40.62 (2) Sick leave accumulation shall be determined in accordance with rules
13of the department, any collective bargaining agreement under subch. I, V, or VI of
14ch. 111, and ss. 13.121 (4), 36.30, 49.825 (4) (d) and (5) (d), 49.826 (4) (d), 230.35 (2),
15233.10, 238.04 (8), 757.02 (5) and 978.12 (3).
AB977,59 16Section 59 . 40.80 (3) of the statutes is amended to read:
AB977,25,1817 40.80 (3) Any action taken under this section shall apply to employees covered
18by a collective bargaining agreement under subch. V or VI of ch. 111.
AB977,60 19Section 60 . 40.81 (3) of the statutes is amended to read:
AB977,25,2120 40.81 (3) Any action taken under this section shall apply to employees covered
21by a collective bargaining agreement under subch. IV or , V, or VI of ch. 111.
AB977,61 22Section 61 . 40.95 (1) (a) 2. of the statutes is amended to read:
AB977,25,2423 40.95 (1) (a) 2. The employee has his or her compensation established in a
24collective bargaining agreement under subch. V or VI of ch. 111.
AB977,62 25Section 62. 46.284 (4) (m) of the statutes is created to read:
AB977,26,4
146.284 (4) (m) Compensate providers, as defined in s. 46.2898 (1) (e), in
2accordance with any agreement under subch. V of ch. 111 relating to a provider hired
3directly by an enrollee and make any payroll deductions authorized by those
4agreements.
AB977,63 5Section 63 . 46.2895 (8) (a) 1. of the statutes is amended to read:
AB977,26,206 46.2895 (8) (a) 1. If the long-term care district offers employment to any
7individual who was previously employed by a county, which participated in creating
8the district and at the time of the offer had not withdrawn or been removed from the
9district under sub. (14), and who while employed by the county performed duties
10relating to the same or a substantially similar function for which the individual is
11offered employment by the district and whose wages, hours, and conditions of
12employment
were established in a collective bargaining agreement with the county
13under subch. IV of ch. 111 that is in effect on the date that the individual commences
14employment with the district, with respect to that individual, abide by the terms of
15the collective bargaining agreement concerning the individual's wages and, if
16applicable, vacation allowance, sick leave accumulation, sick leave bank, holiday
17allowance, funeral leave allowance, personal day allowance, or paid time off
18allowance
until the time of the expiration of that collective bargaining agreement or
19adoption of a collective bargaining agreement with the district under subch. IV of ch.
20111 covering the individual as an employee of the district, whichever occurs first.
AB977,64 21Section 64. 46.2898 of the statutes is created to read:
AB977,26,22 2246.2898 Quality home care. (1) Definitions. In this section:
AB977,26,2323 (a) “Authority" means the Wisconsin Quality Home Care Authority.
AB977,26,2424 (b) “Care management organization" has the meaning given in s. 46.2805 (1).
AB977,27,2
1(cm) “Consumer" means an adult who receives home care services and who
2meets all of the following criteria:
AB977,27,33 1. Is a resident of any of the following:
AB977,27,44 a. A county that has acted under sub. (2) (a).
AB977,27,55 b. A county in which the Family Care Program under s. 46.286 is available.
AB977,27,76 c. A county in which the Program of All-Inclusive Care for the Elderly under
742 USC 1396u-4 is available.
AB977,27,108d. A county in which the self-directed services option program under 42 USC
91396n
(c) is available or in which a program operated under an amendment to the
10state medical assistance plan under 42 USC 1396n (j) is available.
AB977,27,1211 2. Self-directs all or part of his or her home care services and is an employer
12listed on the provider's income tax forms.
AB977,27,1313 3. Is eligible to receive a home care benefit under one of the following:
AB977,27,1414 a. The Family Care Program under s. 46.286.
AB977,27,1515b. The Program of All-Inclusive Care for the Elderly, under 42 USC 1396u-4.
AB977,27,1816 c. A program operated under a waiver from the secretary of the federal
17department of health and human services under 42 USC 1396n (c) or 42 USC 1396n
18(b) and (c) or the self-directed services option operated under 42 USC 1396n (c).
AB977,27,2019 d. A program operated under an amendment to the state medical assistance
20plan under 42 USC 1396n (j).
AB977,27,2521 (dm) “Home care" means supportive home care, personal care, and other
22nonprofessional services of a type that may be covered under a medical assistance
23waiver under 42 USC 1396n (c) and that are provided to individuals to assist them
24in meeting their daily living needs, ensuring adequate functioning in their homes,
25and permitting safe access to their communities.
AB977,28,2
1(e) “Provider" means an individual who is hired by a consumer to provide home
2care to the consumer but does not include any of the following:
AB977,28,43 1. A person, while he or she is providing services in the capacity of an employee
4of any of the following entities:
AB977,28,55 a. A home health agency licensed under s. 50.49.
AB977,28,66 b. A personal care provider agency.
AB977,28,77 c. A company or agency providing supportive home care.
AB977,28,88 d. An independent living center, as defined in s. 46.96 (1) (ah).
AB977,28,109 e. A county agency or department under s. 46.215, 46.22, 46.23, 51.42, or
1051.437.
AB977,28,1211 2. A health care provider, as defined in s. 146.997 (1) (d), acting in his or her
12professional capacity.
AB977,28,2113 (f) “Qualified provider" means a provider who meets the qualifications for
14payment through the Family Care Program under s. 46.286, the Program for
15All-Inclusive Care for the Elderly operated under 42 USC 1396u-4, an amendment
16to the state medical assistance plan under 42 USC 1396n (j), or a medical assistance
17waiver program operated under a waiver from the secretary of the federal
18department of health and human services under 42 USC 1396n (c) or 42 USC 1396n
19(b) and (c) and any qualification criteria established in the rules promulgated under
20sub. (7) and who the authority determines is eligible for placement on the registry
21maintained by the authority under s. 52.20 (1).
AB977,28,25 22(2) County participation. (a) A county board of supervisors may require a
23county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 to follow
24procedures under this section and to pay providers in accordance with agreements
25under subch. V of ch. 111.
AB977,29,2
1(b) If a county acts under par. (a), it shall notify the department and the
2authority of its action.
AB977,29,53 (c) A county that acts under par. (a) shall compensate providers in accordance
4with any agreement under subch. V of ch. 111 and make any payroll deductions
5authorized by such agreements.
AB977,29,10 6(4) Duties of home care payors. Care management organizations, the state,
7and counties, as described in sub. (1) (cm) 1. a. to d., that pay for the provision of home
8care services to consumers shall provide to the authority the name, address,
9telephone number, date of hire, and date of termination of any provider hired by an
10individual receiving home care services.
AB977,29,11 11(5) Duties of consumers. A consumer shall do all of the following:
AB977,29,1412 (a) Inform the authority of the name, address, telephone number, date of hire,
13and date of termination of any provider hired by the consumer to provide home care
14services.
AB977,29,1715 (b) Compensate providers in accordance with any collective bargaining
16agreement that applies to home care providers under subch. V of ch. 111 and make
17any payroll deductions authorized by the agreement.
AB977,29,20 18(6) Providers. (a) A qualified provider providing home care services under this
19section shall be subject to the collective bargaining agreement that applies to home
20care providers under subch. V of ch. 111.
AB977,29,2221 (b) A qualified provider may choose to be placed on the registry maintained by
22the authority under s. 52.20 (1).
AB977,30,2 23(7) Department rule making. The department may promulgate rules defining
24terms, specifying which services constitute home care, establishing the qualification

1criteria that apply under sub. (1) (f), and establishing procedures for implementation
2of this section.
AB977,65 3Section 65. 46.48 (9m) of the statutes is created to read:
AB977,30,74 46.48 (9m) Quality home care. The department shall award a grant to the
5Wisconsin Quality Home Care Authority for the purpose of providing services to
6recipients and providers of home care under s. 46.2898 and ch. 52 and may award
7grants to counties to facilitate transition to procedures established under s. 46.2898.
AB977,66 8Section 66. 49.825 (3) (b) 4. of the statutes is created to read:
AB977,30,149 49.825 (3) (b) 4. The department may enter into a memorandum of
10understanding, as described in s. 111.70 (3m), with the certified representative of the
11county employees performing services under this section for the unit. If there is a
12dispute as to hours or conditions of employment that remains between the
13department and the certified representative after a good faith effort to resolve it, the
14department may unilaterally resolve the dispute.
AB977,67 15Section 67. 49.826 (3) (b) 4. of the statutes is created to read:
AB977,30,2116 49.826 (3) (b) 4. The department may enter into a memorandum of
17understanding, as described in s. 111.70 (3p), with the certified representative of the
18county employees performing services under this section in the county for the unit.
19If there is a dispute as to hours or conditions of employment that remains between
20the department and the certified representative after a good faith effort to resolve
21it, the department may unilaterally resolve the dispute.
AB977,68 22Section 68. Chapter 52 of the statutes is created to read:
AB977,30,2323 CHAPTER 52
AB977,30,2424 QUALITY HOME CARE
AB977,30,25 2552.01 Definitions. In this chapter:
AB977,31,1
1(1) “Authority" means the Wisconsin Quality Home Care Authority.
AB977,31,2 2(2) “Board" means the board of directors of the authority.
AB977,31,3 3(3) “Care management organization" has the meaning given in s. 46.2805 (1).
AB977,31,4 4(3m) “Consumer" has the meaning given in s. 46.2898 (1) (cm).
AB977,31,5 5(4) “Department" means the department of health services.
AB977,31,6 6(5) “Family Care Program" means the benefit program described in s. 46.286.
AB977,31,8 7(6) “Home care provider" means an individual who is a qualified provider under
8s. 46.2898 (1) (f).
AB977,31,11 9(7) “Medical assistance waiver program" means a program operated under a
10waiver from the secretary of the federal department of health and human services
11under 42 USC 1396n (c) or 42 USC 1396n (b) and (c).
AB977,31,13 12(8) “Program of All-Inclusive Care for the Elderly" means the program
13operated under 42 USC 1396u-4.
AB977,31,17 1452.05 Creation and organization of authority. (1) Creation and
15membership of board.
There is created a public body corporate and politic to be
16known as the “Wisconsin Quality Home Care Authority." The members of the board
17shall consist of the following members:
AB977,31,1818 (a) The secretary of health services or his or her designee.
AB977,31,2019 (b) The secretary of the department of workforce development or his or her
20designee.
AB977,31,2121 (c) The following, to be appointed by the governor to serve 3-year terms:
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