SB886: Bill Text

SB886,30,17 (a) The able-bodied adult has completed or voluntarily withdrawn from participation in an employment and training program.

SB886,30,19 (b) The able-bodied adult is terminated from an employment and training program for reasons unrelated to this section.

SB886,30,21 (c) The able-bodied adult is no longer subject to the requirements of s. 49.79 (10).

SB886,31,5 (7) Confidentiality of records. Completed screening questionnaires, prescriptions, testing results, and treatment records relating to this section may not be disclosed except for purposes connected with the administration of an employment and training program or except when disclosure is otherwise authorized by law or by written consent from the individual who is the subject of the record. The department may establish administrative, physical, and technical safeguard procedures administering agencies must follow to assure compliance with state and federal laws related to public assistance program records, drug testing and treatment records, and medical records.

SB886,31,8 (8) Appeals. An adverse decision under this section may be appealed under 7 CFR 273.15 and procedures established in rules promulgated by the division of hearings and appeals.

SB886,31,12 (9) Payment of costs for screening, testing, and treatment. (a) The department shall pay for all costs related to screening able-bodied adults under sub. (3), including the costs of producing, administering, and reviewing screening questionnaires.

SB886,31,15 (b) The department shall pay for all costs related to testing able-bodied adults under sub. (4), including any costs related to contracting with qualified drug testing vendors under sub. (4) (c).

SB886,31,20 (c) The department shall pay costs for treatment under sub. (5) that are not covered by the Medical Assistance program under subch. IV of ch. 49 or other private insurance. Payments by the department under this paragraph shall be at rates no higher than the rates paid for comparable services under the Medical Assistance program.

SB886,18 Section 18. 106.05 (2) (b) (intro.) of the statutes is amended to read:

SB886,32,2 106.05 (2) (b) (intro.) Subject to par. (c) and sub. (3), from the appropriation under s. 20.445 (1) (b) (dr), the department may provide to an apprentice described in par. (a) 1. or the apprentice's sponsor a completion award equal to 25 percent of the cost of tuition incurred by the apprentice or sponsor or $1,000, whichever is less. If the department provides a completion award under this subsection, the department shall pay the award as follows:

SB886,19 Section 19. 106.05 (3) (a) of the statutes is amended to read:

SB886,32,10 106.05 (3) (a) If the amount of funds to be distributed under sub. (2) exceeds the amount available in the appropriation under s. 20.445 (1) (b) (dr) for completion awards under sub. (2), the department may reduce the reimbursement percentage or deny applications for completion awards that would otherwise qualify under sub. (2). In that case, the department shall determine the reimbursement percentage and eligibility on the basis of the dates on which apprentices and sponsors become eligible for completion awards.

SB886,20 Section 20. 106.13 (3m) (b) (intro.) of the statutes is amended to read:

SB886,32,22 106.13 (3m) (b) (intro.) From the appropriation under s. 20.445 (1) (b) (e), the department may award grants to applying local partnerships for the implementation and coordination of local youth apprenticeship programs. A local partnership shall include in its grant application the identity of each public agency, nonprofit organization, individual, and other person who is a participant in the local partnership, a plan to accomplish the implementation and coordination activities specified in subds. 1. to 6., and the identity of a fiscal agent who shall be is responsible for receiving, managing, and accounting for the grant moneys received under this paragraph. Subject to par. (c), a local partnership that is awarded a grant under this paragraph may use the grant moneys awarded for any of the following implementation and coordination activities:

SB886,21 Section 21. 106.18 of the statutes is amended to read:

SB886,33,3 106.18 Youth programs in 1st class cities. From the appropriation account under s. 20.445 (1) (b) (fm), the department shall implement and operate youth summer jobs programs in 1st class cities.

SB886,22 Section 22. 106.26 (3) (c) (intro.) of the statutes is amended to read:

SB886,33,8 106.26 (3) (c) (intro.) To make grants from the appropriation under s. 20.445 (1) (b) (fg) to eligible applicants to conduct projects or to match a federal grant awarded to an eligible applicant to conduct a project. Grants by the department are subject to all of the following requirements:

SB886,23 Section 23. 106.272 (1) of the statutes is amended to read:

SB886,33,15 106.272 (1) From the appropriation under s. 20.445 (1) (b) (dg), the department shall award grants to the school board of a school district or to the governing body of a private school, as defined under s. 115.001 (3d), or to a charter management organization that has partnered with an educator preparation program approved by the department of public instruction and headquartered in this state to design and implement a teacher development program.

SB886,24 Section 24. 106.273 (3) (a) (intro.) of the statutes is amended to read:

SB886,33,21 106.273 (3) (a) (intro.) From the appropriation under s. 20.445 (1) (b) (bz), the department shall allocate not less than $3,500,000 in each fiscal year for incentive grants to school districts under this subsection. From that allocation, the department shall annually award all of the following incentive grants to school districts:

SB886,25 Section 25. 106.273 (3) (b) of the statutes is amended to read:

SB886,34,2 106.273 (3) (b) If the amount allocated under par. (a) available in the appropriation under s. 20.445 (1) (bz) in any fiscal year is insufficient to pay the full amount per student under par. (a) 1m. and 2m., the department may prorate the amount of the department's payments among school districts eligible for incentive grants under this subsection.

SB886,26 Section 26. 106.275 (1) (a) of the statutes is amended to read:

SB886,34,9 106.275 (1) (a) From the appropriation under s. 20.445 (1) (b) (cg), the department may allocate up to $500,000 in each fiscal year for technical education equipment grants to school districts under this section. From that allocation, the department may award technical education equipment grants under this section in the amount of not more than $50,000 to school districts whose grant applications are approved under sub. (2) (b).

SB886,27 Section 27 . 108.04 (2) (a) (intro.) of the statutes is amended to read:

SB886,34,13 108.04 (2) (a) (intro.) Except as provided in par. pars. (b) and to (bd), sub. (16) (am) and (b), and s. 108.062 (10) and (10m) and as otherwise expressly provided, a claimant is eligible for benefits as to any given week only if all of the following apply:

SB886,28 Section 28 . 108.04 (2) (a) 1. of the statutes is amended to read:

SB886,34,16 108.04 (2) (a) 1. Except as provided in s. 108.062 (10), the individual The claimant is able to work and available for work during that week ;.

SB886,29 Section 29 . 108.04 (2) (a) 2. of the statutes is amended to read:

SB886,34,20 108.04 (2) (a) 2. Except as provided in s. 108.062 (10m), as of that week, the individual The claimant has registered for work as directed in the manner prescribed by the department; by rule.

SB886,30 Section 30 . 108.04 (2) (a) 3. (intro.) of the statutes is renumbered 108.04 (2) (a) 3. and amended to read:

SB886,35,11 108.04 (2) (a) 3. The individual claimant conducts a reasonable search for suitable work during that week, unless the search requirement is waived under par. (b) or s. 108.062 (10m) and provides verification of that search to the department. The search for suitable work must include at least 4 actions per week that constitute a reasonable search as prescribed by rule of the department. In addition, the department may, by rule, require an individual a claimant to take more than 4 reasonable work search actions in any week. The department shall require a uniform number of reasonable work search actions for similar types of claimants. This subdivision does not apply to an individual if the department determines that the individual is currently laid off from employment with an employer but there is a reasonable expectation of reemployment of the individual by that employer. In determining whether the individual has a reasonable expectation of reemployment by an employer, the department shall request the employer to verify the individual's employment status and shall also consider other factors, including:

SB886,31 Section 31 . 108.04 (2) (a) 3. a. to c. of the statutes are renumbered 108.04 (2) (b) 1. a. to c. and amended to read:

SB886,35,14 108.04 (2) (b) 1. a. The history of layoffs and reemployments by the employer;.

SB886,35,17 b. Any information that the employer furnished to the individual claimant or the department concerning the individual's claimant's anticipated reemployment date; and.

SB886,35,19 c. Whether the individual claimant has recall rights with the employer under the terms of any applicable collective bargaining agreement; and.

SB886,32 Section 32 . 108.04 (2) (b) of the statutes is renumbered 108.04 (2) (b) (intro.) and amended to read:

SB886,36,2 108.04 (2) (b) (intro.) The requirements for registration for work and search for work shall be prescribed by rule of the department, and the department may by general rule shall, except as provided under par. (bd), waive these requirements the registration for work requirement under certain stated conditions. par. (a) 2. if any of the following applies:

SB886,33 Section 33 . 108.04 (2) (b) 1. (intro.) of the statutes is created to read:

SB886,36,10 108.04 (2) (b) 1. (intro.) The department determines that the claimant is currently laid off from employment with an employer but there is a reasonable expectation of reemployment of the claimant by that employer within a period of 8 weeks, which may be extended up to an additional 4 weeks but not to exceed a total of 12 weeks. In determining whether the claimant has a reasonable expectation of reemployment by an employer, the department shall request the employer to verify the claimant's employment status and shall consider all of the following:

SB886,34 Section 34. 108.04 (2) (b) 2. to 6. of the statutes are created to read:

SB886,36,15 108.04 (2) (b) 2. The claimant has a reasonable expectation of starting employment with a new employer within 4 weeks and the employer has verified the anticipated starting date with the department. A waiver under this subdivision may not exceed 4 weeks.

SB886,36,17 3. The claimant has been laid off from work and routinely obtains work through a labor union referral and all of the following apply:

SB886,36,19 a. The union is the primary method used by workers to obtain employment in the claimant's customary occupation.

SB886,36,22 b. The union maintains records of unemployed members and the referral activities of these members, and the union allows the department to inspect those records.

SB886,36,25 c. The union provides, upon the request of the department, any information regarding a claimant's registration with the union or any referrals for employment it has made to the claimant.

SB886,37,3 d. Prospective employers of the claimant seldom place orders with the public employment office for jobs requiring occupational skills similar to those of the claimant.

SB886,37,6 e. The claimant is registered for work with a union and satisfies the requirements of the union relating to job referral procedures, and maintains membership in good standing with the union.

SB886,37,8 f. The union enters into an agreement with the department regarding the requirements of this subdivision.

SB886,37,9 4. The claimant is summoned to serve as a prospective or impaneled juror.

SB886,37,14 5. 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 registration requirements.

SB886,37,16 6. The claimant is unable to complete registration due to circumstances that the department determines are beyond the claimant's control.

SB886,35 Section 35 . 108.04 (2) (bb) of the statutes is created to read:

SB886,37,19 108.04 (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:

SB886,37,20 1. A reason specified in par (b) 1., 2., 3., or 4.

SB886,37,21 2. The claimant performs any work for his or her customary employer.

SB886,38,2 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.

SB886,38,4 4. The claimant has not complied with the requirement because of an error made by personnel of the department.

SB886,38,7 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.

SB886,38,11 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:

SB886,38,12 a. A reason specified in subd. 3. or par (b) 4.

SB886,38,13 b. The claimant is employed.

SB886,38,14 c. The claimant is attending a job interview.

SB886,38,16 d. Circumstances that the department determines are beyond the claimant's control.

SB886,36 Section 36 . 108.04 (2) (bd) of the statutes is created to read:

SB886,38,20 108.04 (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:

SB886,38,21 1. Modify the availability of any waiver under par. (b) or (bb).

SB886,38,22 2. Establish additional waivers from the requirements under par. (a) 2. and 3.

SB886,37 Section 37 . 108.04 (2) (bm) of the statutes is amended to read:

SB886,39,6 108.04 (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.

SB886,38 Section 38 . 601.83 (1) (a) of the statutes, as created by 2017 Wisconsin Act 138, is amended to read:

SB886,39,22 601.83 (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.

SB886,39 Section 39 . 601.83 (1) (b) of the statutes, as created by 2017 Wisconsin Act 138, is repealed.

SB886,40 Section 40. 601.83 (1) (g) of the statutes, as created by 2017 Wisconsin Act 138, is amended to read:

SB886,40,15 601.83 (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.

SB886,41 Section 41 . 601.83 (1) (h) of the statutes, as created by 2017 Wisconsin Act 138, is amended to read:

SB886,40,24 601.83 (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.

SB886,42 Section 42 . 601.83 (1) (i) of the statutes is created to read:

SB886,41,4 601.83 (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.

SB886,43 Section 43 . 601.85 (4) of the statutes, as created by 2017 Wisconsin Act 138, is repealed.

SB886,44 Section 44 . Nonstatutory provisions.

SB886,41,14 (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).

SB886,41,18 (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):

SB886,41,24 (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.

SB886,42,2 (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.

SB886,42,3 (3) Implementation of childless adult demonstration project.

SB886,42,20 (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.