Chapter 49

49.79(9)(a) (a)

49.79(9)(a)1. 1. The department shall administer an employment and training program for recipients under the food stamp program and may contract with county departments under ss. 46.215, 46.22, and 46.23, multicounty consortia, local workforce development boards established under 29 USC 2832, tribal governing bodies, or other organizations to carry out the administrative functions. A county department, multicounty consortium, local workforce development board, tribal governing body, or other organization may subcontract with a Wisconsin Works agency or another provider to administer the employment and training program under this subsection.

49.79(9)(a)1g. 1g. Except as provided in subds. 2. and 3., beginning October 1, 2019, the department shall require, to the extent allowed by the federal government, all able-bodied adults in this state to participate in the employment and training program under this subsection, except for able-bodied adults who are employed, as determined by the department. The department may require other able individuals who are 18 to 60 years of age, or a subset of those individuals to the extent allowed by the federal government, who are not participants in a Wisconsin Works employment position to participate in the employment and training program under this subsection.

49.79(9)(a)1m. 1m. If able-bodied adults without dependents are required to participate in the employment and training program under this subsection, the department shall set the required number of hours of participation at the maximum number of hours allowed by the federal government. If the department sets the required number of hours of participation in an employment and training program for able-bodied adults without dependents at the maximum hours allowed by the federal government, the department shall set the same number of required hours of participation in an employment and training program for able-bodied adults with dependents, except as provided in subds. 2. and 3.

49.79(9)(a)2. 2. The department may not require an individual who is a recipient under the food stamp program and who is either the caretaker of a child under the age of 6 or a caretaker of a dependent who is disabled, as defined in s. 49.468 (1) (a) 1., to participate in any employment and training program under this subsection.

49.79(9)(a)3. 3. The department may not require an individual who is a recipient under the food stamp program to participate in any employment and training program under this subsection if that individual is enrolled at least half time in a school, as defined in s. 49.26 (1) (a) 2., a training program, or an institution of higher education.

49.79(9)(a)4. 4. The amount of food stamp benefits paid to a recipient who is a participant in a Wisconsin Works employment position under s. 49.147 (4) or (5) shall be calculated based on the pre-sanction benefit amount received under s. 49.148.

49.79(9)(a)5. 5. A participant in an employment and training program under this subsection administered by the department is an employee of the department for purposes of worker’s compensation coverage, except to the extent that the person for whom the participant is performing work provides worker’s compensation coverage. A participant in an employment and training program under this subsection administered by a Wisconsin Works agency or another provider is an employee of the Wisconsin Works agency or other provider for purposes of worker’s compensation coverage, except to the extent that the person for whom the participant is performing work provides worker’s compensation coverage.

49.79(9)(b) (b) Except as provided in par. (c), an individual who fails to comply with the work requirements under par. (a) without good cause is ineligible to participate in the food stamp program as follows:

49.79(9)(b)1. 1. For the first occurrence of noncompliance, one month, or until the person complies with the work requirements under par. (a), whichever is later.

49.79(9)(b)2. 2. For the 2nd occurrence of noncompliance, 3 months, or until the person complies with the work requirements under par. (a), whichever is later.

49.79(9)(b)3. 3. For the 3rd and subsequent occurrences of noncompliance, 6 months, or until the person complies with the work requirements under par. (a), whichever is later.

49.79(9)(c) (c) If the department implements a policy under sub. (10), par. (b) does not apply to an individual who is required to fulfill the work requirement under sub. (10) (a).

49.79(9)(d) (d) Subject to s. 49.791, the department shall screen and, if indicated, test and treat participants in an employment and training program under this subsection who are able-bodied adults for illegal use of a controlled substance without a valid prescription for the controlled substance. Eligibility for an able-bodied adult to participate in an employment and training program under this subsection is subject to s. 49.791.

49.79(9)(f) (f)

49.79(9)(f)1. 1. Subject to subd. 3., the department shall create and implement a payment system based on performance for entities described in par. (a) that perform administrative functions for the employment and training program under this subsection. The department shall establish performance outcomes for the payment system under this paragraph based on all of the following criteria:

49.79(9)(f)1.a. a. The placement of participants of the employment and training program under this subsection into unsubsidized employment.

49.79(9)(f)1.b. b. Whether the placement under subd. 1. a. is full time or part time.

49.79(9)(f)1.c. c. The job retention rate, as defined by the department, at periodic intervals after placement of former participants in the employment and training program under this subsection.

49.79(9)(f)1.d. d. Wages and benefits earned by former participants in the employment and training program under this subsection.

49.79(9)(f)1.e. e. Appropriate implementation of the employment and training program under this subsection.

49.79(9)(f)1.f. f. Customer satisfaction.

49.79(9)(f)2. 2. The department shall ensure that the payment system under this paragraph does not effect the moneys available for supportive services for participants in the program under this subsection.

49.79(9)(f)3. 3. If approval by the U.S. department of agriculture is required to implement the payment system and the U.S. department of agriculture does not approve, the department may not implement the payment system under this paragraph.

49.79(10) (10) Eligibility and work requirements for able-bodied adults without dependents.

49.79(10)(a) (a) The department may implement a policy that complies with 7 CFR 273.24. If the department implements a policy under this paragraph, all of the following apply:

49.79(10)(a)1. 1. The department shall require an able-bodied adult without dependents who is participating in the food stamp program to fulfill the work requirement defined under 7 CFR 273.24 (a) (1).

49.79(10)(a)2. 2. If an able-bodied adult without dependents does not fulfill the work requirement, the department may limit the eligibility of the able-bodied adult without dependents for food stamps to no more than 3 months during a 3-year period.

49.79(10)(a)3. 3. The department may exempt up to 15 percent of the able-bodied adults without dependents who are participating in the food stamp program from the time limit under subd. 2.

49.79(10)(b) (b) If the department determines that a waiver, or an amendment to a waiver, is necessary to implement a policy that complies with 7 CFR 273.24, the department shall request the waiver or the amendment to the waiver from the federal department of agriculture to permit the department to implement a policy that complies with 7 CFR 273.24 as provided under this subsection.

49.79(11) (11) Treatment of inactive accounts; expungement of unused benefits.

49.79(11)(a) (a) If, for a period of 6 months or longer, an individual or household that is receiving benefits under this section through an electronic benefit transfer system uses no benefits that have been posted to the individual’s or household’s benefit account, the department shall remove all benefits from the account electronically and store them offline. The benefits being stored offline shall be made available to the individual or household again within 48 hours after a request by the individual or a member of the household to restore the benefits or upon reapplication by the individual or household for benefits under this section, whichever is applicable. The department shall attempt to notify the individual or household before benefits are removed from the account under this paragraph and shall describe the steps that the individual or household must take to get the benefits returned to the account.

49.79(11)(b) (b) The department shall expunge any benefits that have not been used after a period of one year, regardless of whether either of the following applies:

49.79(11)(b)1. 1. The benefits have been removed from an inactive benefit account under par. (a) and are being stored offline.

49.79(11)(b)2. 2. The benefits are still posted to an active account.

49.79(11)(c) (c) The department shall seek any necessary approval from the U.S. department of agriculture to implement this subsection. If the U.S. department of agriculture disapproves, the department may not implement this subsection.

49.79 History History: 2001 a. 16 ss. 1656sy to 1656tjk, 1656tjm to 1656tp, 1656tr, 1656ts to 1656tx, 1838sb to 1838td.; Stats 2001 s. 49.79; 2003 a. 33; 2005 a. 25; 2005 a. 443 s. 265; 2007 a. 20 ss. 1397, 1399 to 1407, 1662 to 1669; 2011 a. 32; 2013 a. 20, 168; 2015 a. 55; 2017 a. 59, 263, 264, 266, 269, 370; 2021 a. 238 s. 45; 2023 a. 201.

49.791 49.791 Substance abuse screening, testing, and treatment for employment and training programs.

49.791(1) (1) Definitions. In this section:

49.791(1)(a) (a) “Able-bodied adult” has the meaning given in s. 49.79 (1) (am).

49.791(1)(b) (b) “Administering agency” means an administrative agency within the executive branch under ch. 15 or an entity that contracts with the state such as a single county consortia under s. 49.78 (1r), a multicounty consortia under s. 49.78 (1) (br), or a tribal governing body under s. 49.78 (1) (cr).

49.791(1)(c) (c) “Confirmation test” means an analytical procedure used to quantify a specific controlled substance or its metabolite in a specimen through a test that is different in scientific principle from that of the initial test procedure and capable of providing the requisite specificity, sensitivity, and quantitative accuracy to positively confirm use of a controlled substance.

49.791(1)(d) (d) “Controlled substance” has the meaning given in s. 49.79 (1) (b).

49.791(1)(e) (e) “Employment and training program” means the food stamp employment and training program under s. 49.79 (9).

49.791(1)(f) (f) “Food stamp program” has the meaning given in s. 49.79 (1) (c).

49.791(1)(g) (g) “Medical review officer” means a licensed medical provider who is employed by or providing services under a contract to a qualified drug testing vendor, has knowledge of substance abuse disorders and laboratory testing procedures, and has the necessary training and experience to interpret and evaluate an individual’s positive test result in relation to the individual’s medical history and valid prescriptions.

49.791(1)(h) (h) “Metabolite” means a chemical present in the body when a controlled substance is being broken down through natural metabolic processes that can be detected or measured as a positive indicator that a controlled substance associated with the metabolite has been used.

49.791(1)(i) (i) “Prescription” means a current order for a controlled substance that indicates the specific regimen and duration of the order and that is transmitted electronically or in writing by an individual authorized in this state to order the controlled substance.

49.791(1)(j) (j) “Qualified drug testing vendor” means a laboratory certified by the federal centers for medical and medicaid services under the federal Clinical Laboratory Improvement Amendments of 1988 to collect a specimen, carry out laboratory analysis of the specimen, store the specimen for a confirmation test if required, complete a confirmation test, and provide review by a medical review officer.

49.791(1)(k) (k) “Screening” means completing a questionnaire specified by the department regarding an individual’s current and prior use of any controlled substance.

49.791(1)(L) (L) “Specimen” means tissue, fluid, or any other product of the human body required to be submitted by an individual for testing under this section.

49.791(1)(m) (m) “Trauma-informed” means operating under the understanding of the science of adverse childhood experiences, toxic stress, trauma, and resilience, incorporating that understanding into organizational culture, policies, programs, and practices, and adhering to trauma-informed principles such as safety, trustworthiness and transparency, peer support, collaboration and mutuality, empowerment, and cultural, historical, and gender issue recognition.

49.791(1)(n) (n) “Treatment” means any service that is conducted under clinical supervision to assist an individual through the process of recovery from controlled substance abuse, including screening, application of approved placement criteria, intake, orientation, assessment, individualized treatment planning, intervention, individual or group and family counseling, referral, discharge planning, after care or continuing care, record keeping, consultation with other professionals regarding treatment services, recovery and case management, crisis intervention, education, employment, and problem resolution in life skills functioning.

49.791(1)(o) (o) “Treatment program” means a program certified by the department to provide treatment for controlled substance abuse as a medically managed inpatient service, a medically monitored treatment service, a day treatment service, an outpatient treatment service, a transitional residential treatment service, or a narcotic treatment service for opiate addiction or, as approved by the department, psychosocial rehabilitation services.

49.791(1)(p) (p) “Treatment provider” means a provider of treatment for controlled substance abuse certified by the department, a provider certified under s. 440.88, or a licensed professional who meets criteria established by the department of safety and professional services.

49.791(2) (2) Notice of requirement. An administering agency shall provide information in a format approved by the department to any individual who expresses interest in or is referred to participate in an employment and training program to explain the requirement for participants in certain employment and training programs to undergo screening, testing, and treatment for abuse of controlled substances.

49.791(3) (3) Administering and evaluating a controlled substance abuse screening questionnaire.

49.791(3)(a) (a) At the time of application and at annual redetermination for eligibility in the food stamp program, an administering agency shall administer to any able-bodied adult who is subject to the work requirement under s. 49.79 (10) (a) and intends on meeting the work requirement through participation in the employment and training program a controlled substance abuse screening questionnaire approved by the department, which may include questions related to controlled substance abuse-related criminal background and controlled substance abuse. The administering agency shall determine whether answers to the controlled substance abuse screening questionnaire indicate possible use of a controlled substance without a valid prescription by the able-bodied adult.

49.791(3)(b) (b)

49.791(3)(b)1. 1. An able-bodied adult who is administered a controlled substance abuse screening questionnaire under par. (a) shall answer all questions on the screening questionnaire, sign and date the questionnaire, and submit the questionnaire to the administering agency.

49.791(3)(b)2. 2. If the able-bodied adult indicates on the screening questionnaire submitted under subd. 1. the prescribed use of a controlled substance, the able-bodied adult shall provide evidence of the valid prescription to the administering agency.

49.791(3)(c) (c) An able-bodied adult who is administered a controlled substance abuse screening questionnaire under par. (a) and who fails to comply with the requirements under par. (b) is not eligible to participate in the employment and training program, and the administering agency may not refer the individual to participate in the employment and training program. An able-bodied adult who is denied eligibility for participation in the employment and training program for failure to complete the requirements under par. (b) may complete the requirements under par. (b) at any time while eligible for the food stamp program.

49.791(3)(d) (d) An able-bodied adult who completes a controlled substance abuse screening questionnaire under this subsection and whose answers to the screening questionnaire do not indicate possible abuse of a controlled substance has satisfied the requirements of this section and may participate in an employment and training program subject to this section.

49.791(4) (4) Testing for use of a controlled substance required.

49.791(4)(a) (a) Individuals required to undergo testing; exception.

49.791(4)(a)1. 1. Except as provided in subd. 2., an administering agency shall require an able-bodied adult whose answers on the controlled substance abuse screening questionnaire submitted under sub. (3) indicate possible use of a controlled substance without a prescription to undergo a test for the use of a controlled substance.

49.791(4)(a)2. 2. An administering agency may not require an able-bodied adult whose answers on the controlled substance abuse screening questionnaire submitted under sub. (3) indicate possible use of a controlled substance and who also indicates readiness to enter treatment for controlled substance abuse to undergo a test for the use of a controlled substance.

49.791(4)(b) (b) Nature of testing required. A test for use of a controlled substance under this subsection consists of laboratory analysis of a specimen collected from an able-bodied adult described in par. (a) in a manner specified by the department that is consistent with guidelines from the federal department of health and human services by a qualified drug testing vendor or a provider approved by the department. The qualified drug testing vendor or other provider shall analyze the specimen for the presence of controlled substances specified by the department.

49.791(4)(c) (c) Contracts for testing services.

49.791(4)(c)1. 1. The administering agency, subject to the department’s approval, may contract with a trauma-informed qualified drug testing vendor to collect a specimen, carry out laboratory analysis of the specimen, store the specimen for confirmatory testing if required, complete confirmatory testing, provide review by a medical review officer, and document and report test results to the administering agency.

49.791(4)(c)2. 2. The department may require administering agencies to use a specific drug testing service procured through state contracting if the department determines that volume discounts or other preferential pricing terms may be achieved through a statewide contract.

49.791(4)(d) (d) Effects of refusal to submit to drug test.

49.791(4)(d)1. 1. An able-bodied adult who is required to undergo a test for the use of a controlled substance under par. (a) but who refuses to submit to a drug test by doing any of the following is ineligible to participate in the employment and training program until the individual agrees to be tested for use of a controlled substance and test results have been reported:

49.791(4)(d)1.a. a. Failing or refusing to appear for a scheduled drug test without good cause.

49.791(4)(d)1.b. b. Failing or refusing to complete a form or release of information required for testing, including any form or release required by the qualified drug testing vendor to permit the vendor to report test results to the administering agency or department.

49.791(4)(d)1.c. c. Failing or refusing to provide a valid specimen for testing.

49.791(4)(d)1.d. d. Failing or refusing to provide verification of identity to the testing vendor.

49.791(4)(d)2. 2. The administering agency may direct an able-bodied adult who initially refused to submit to a drug test under subd. 1. and subsequently agrees to submit to a test to undergo drug testing on a random basis at any time within 10 business days after the able-bodied adult agrees to submit to a test.

49.791(4)(e) (e) Confirmation test required. If an able-bodied adult tests positive for the use of a controlled substance, the qualified drug testing vendor shall perform a confirmation test using the same specimen obtained for the initial drug test. The vendor’s medical review officer who is responsible for determining the presence of a controlled substance under par. (b) shall interpret all drug test results that are not negative.

49.791(4)(f) (f) Accepting test results from other programs. For purposes of this section, an administering agency may use results of a drug test performed by the administering agency for the purpose of eligibility for another state program, including a work experience program under s. 49.162, 49.36, or 108.133, performed at the request of the department of corrections, or performed by other drug testing providers as approved by the department to determine whether to refer an able-bodied adult to treatment if all of the following apply:

49.791(4)(f)1. 1. The test results are provided directly to the administering agency.

49.791(4)(f)2. 2. The test results include tests for all controlled substances required by the department to be tested under this section.

49.791(4)(f)3. 3. The test occurred within 90 days before the results are provided to the administering agency.

49.791(4)(g) (g) Effect of a negative test. An able-bodied adult who undergoes a test for use of a controlled substance under this subsection and tests negative for use of a controlled substance or who tests positive for use of a controlled substance but provides to the administering agency a prescription for each controlled substance for which the adult tests positive is not prohibited from participating in an employment and training program.

49.791(4)(h) (h) Effect of a positive test. An able-bodied adult who undergoes a test for use of a controlled substance under this subsection, whose test results are positive, and who does not provide evidence of a prescription for the controlled substance, as determined by the qualified drug testing vendor’s medical review officer, is required to participate in treatment under sub. (5) to participate in an employment and training program.

49.791(5) (5) Participation in treatment required.

49.791(5)(a) (a) Individuals required to participate in treatment. An able-bodied adult who is described under sub. (4) (a) or (h) is required to participate in trauma-informed treatment to be eligible to participate in an employment and training program.

49.791(5)(b) (b) Referral for treatment; monitoring. The applicable administering agency shall provide to every able-bodied adult who is required to participate in treatment under par. (a) information about treatment programs and county-specific assessment and enrollment activities required for entry into treatment. The applicable administering agency shall monitor the able-bodied adult’s progress in entering and completing treatment and the results of random testing for the use of a controlled substance carried out during and at the conclusion of treatment.

49.791(5)(c) (c) Evaluation and assessment. A treatment provider shall conduct a trauma-informed substance abuse evaluation and assessment of each able-bodied adult and take any of the following actions, as appropriate, based on the evaluation and assessment: