AB75-ASA1, s. 1360 3Section 1360. 49.686 (6) (title) of the statutes is amended to read:
AB75-ASA1,632,54 49.686 (6) (title) Health Insurance Risk-Sharing Plan pilot program
5coverage.
AB75-ASA1, s. 1361 6Section 1361. 49.686 (6) (a) (intro.) of the statutes is amended to read:
AB75-ASA1,632,127 49.686 (6) (a) (intro.) Subject to par. (b), the department shall conduct a 3-year
8pilot
program, to begin on January 1, 2008, under which the department may pay
9premiums for coverage under the Health Insurance Risk-Sharing Plan under subch.
10II of ch. 149, and pay copayments under that plan for prescription drugs for which
11reimbursement may be provided under sub. (2), for individuals who satisfy all of the
12following:
AB75-ASA1, s. 1362 13Section 1362. 49.686 (6) (b) of the statutes is amended to read:
AB75-ASA1,632,1614 49.686 (6) (b) The pilot program shall be open to a minimum of 100 participants
15at any given time, with more participants if the department determines that it is
16cost-effective.
AB75-ASA1, s. 1363 17Section 1363. 49.686 (6) (c) of the statutes is amended to read:
AB75-ASA1,632,2018 49.686 (6) (c) The department may promulgate rules for the administration of
19the pilot program. Notwithstanding s. 227.24 (3), rules under this paragraph may
20be promulgated as emergency rules under s. 227.24 without a finding of emergency.
AB75-ASA1, s. 1364 21Section 1364. 49.688 (1) (e) of the statutes is amended to read:
AB75-ASA1,632,2522 49.688 (1) (e) "Program payment rate" means the rate of payment made for the
23identical drug specified under s. 49.46 (2) (b) 6. h., plus 5%, plus a dispensing fee that
24is equal to the dispensing fee permitted to be charged for prescription drugs for which
25coverage is provided under s. 49.46 (2) (b) 6. h.
AB75-ASA1, s. 1365
1Section 1365. 49.688 (3) (d) of the statutes is amended to read:
AB75-ASA1,633,52 49.688 (3) (d) Notwithstanding s. 49.002, if If a person who is eligible under this
3section has other available coverage for payment of a prescription drug, this section
4applies only to costs for prescription drugs for the person that are not covered under
5the person's other available coverage.
AB75-ASA1, s. 1366 6Section 1366. 49.688 (8) of the statutes is repealed.
AB75-ASA1, s. 1367 7Section 1367. 49.688 (12) of the statutes is amended to read:
AB75-ASA1,633,118 49.688 (12) Except as provided in subs. (8) (8m) to (11) and except for the
9department's rule-making requirements and authority, the department may enter
10into a contract with an entity to perform the duties and exercise the powers of the
11department under this section.
AB75-ASA1, s. 1369 12Section 1369 . 49.775 (2) (bm) of the statutes is amended to read:
AB75-ASA1,633,2213 49.775 (2) (bm) The custodial parent assigns to the state any right of the
14custodial parent or of the dependent child to support from any other person accruing
15during the time that any payment under this subsection is made to the custodial
16parent
. No amount of support that begins to accrue after the individual ceases to
17receive payments under this section may be considered assigned to the state. Any
18money that is received by the department of children and families under an
19assignment to the state under this paragraph and that is not the federal share of
20support shall be paid to the custodial parent. The department of children and
21families shall pay the federal share of support assigned under this paragraph as
22required under federal law or waiver.
AB75-ASA1, s. 1369c 23Section 1369c. 49.775 (2) (bm) of the statutes, as affected by 2009 Wisconsin
24Act .... (this act), is amended to read:
AB75-ASA1,634,10
149.775 (2) (bm) The custodial parent assigns to the state any right of the
2custodial parent or of the dependent child to support from any other person accruing
3during the time that any payment under this subsection is made to the custodial
4parent. No amount of support that begins to accrue after the individual ceases to
5receive payments under this section may be considered assigned to the state. Any
6Seventy-five percent of all money that is received by the department of children and
7families under an assignment to the state under this paragraph and that is not the
8federal share of support
shall be paid to the custodial parent. The department of
9children and families shall pay the federal share of support assigned under this
10paragraph as required under federal law or waiver.
AB75-ASA1, s. 1370 11Section 1370. 49.775 (2m) of the statutes is created to read:
AB75-ASA1,634,1512 49.775 (2m) Disregard of support. In determining a custodial parent's
13eligibility under this section, the department shall, for purposes of determining the
14custodial parent's income, disregard any court-ordered support that is received by
15or owed to the custodial parent.
AB75-ASA1, s. 1371 16Section 1371. 49.776 of the statutes is created to read:
AB75-ASA1,634,23 1749.776 Payment of support arrears. If a custodial parent who formerly
18received payments under s. 49.775 but who is no longer receiving payments under
19s. 49.775 assigned to the state under s. 49.775 (2) (bm) his or her right or the right
20of the dependent child to support from any other person, the department shall pay
21to the custodial parent all money in support arrears that is collected by the
22department after the custodial parent's receipt of payments under s. 49.775 ceased
23and that accrued while the custodial parent was receiving those payments.
AB75-ASA1, s. 1371p 24Section 1371p. 49.78 (8) (a) of the statutes is amended to read:
AB75-ASA1,635,10
149.78 (8) (a) From the appropriation accounts under s. 20.435 (4) (bn) and (nn)
2and subject to par. (b), the department shall reimburse each county and tribal
3governing body that contracts with the department under sub. (2) for reasonable
4costs of administering the income maintenance programs, including conducting
5fraud prevention activities
. The amount of each reimbursement paid under this
6paragraph shall be calculated using a formula based on workload within the limits
7of available state and federal funds under s. 20.435 (4) (bn) and (nn) by contract
8under sub. (2). The amount of reimbursement calculated under this paragraph and
9par. (b) is in addition to any reimbursement provided to a county or tribal governing
10body for fraud and error reduction under s. 49.197 or 49.845.
AB75-ASA1, s. 1371r 11Section 1371r. 49.78 (8) (c) of the statutes is created to read:
AB75-ASA1,635,1912 49.78 (8) (c) From the appropriation under s. 20.435 (4) (np), the department
13shall provide supplemental funding to tribal governing bodies and counties for
14administration of the food stamp program. During the 2009-10 fiscal biennium, the
15department shall allocate $4,550,000 of the total funding under this paragraph
16among tribal governing bodies and counties other than counties having populations
17of 500,000 or more for food stamp program administration and shall allocate the
18remainder of the federal funding for the department's administration of the food
19stamp program in Milwaukee County.
AB75-ASA1, s. 1371s 20Section 1371s. 49.78 (8) (c) of the statutes, as created by 2009 Wisconsin Act
21.... (this act), is repealed.
AB75-ASA1, s. 1373 22Section 1373. 49.79 (1) (fm) of the statutes is created to read:
AB75-ASA1,635,2323 49.79 (1) (fm) "School" means any of the following:
AB75-ASA1,635,2424 1. A public school, as described in s. 115.01 (1).
AB75-ASA1,635,2525 2. A private school, as defined in s. 115.001 (3r).
AB75-ASA1,635,26
13. A technical college pursuant to a contract under s. 118.15 (2).
AB75-ASA1,636,42 4. A course of study meeting the standards established by the state
3superintendent of public instruction under s. 115.29 (4) for the granting of a
4declaration of equivalency of high school graduation.
AB75-ASA1, s. 1375 5Section 1375. 49.79 (9) (a) 3. of the statutes is amended to read:
AB75-ASA1,636,106 49.79 (9) (a) 3. The department may not require an individual who is a recipient
7under the food stamp program to participate in any employment and training
8program under this subsection if that individual is enrolled at least half time in a
9school, as defined in s. 49.26 (1) (a) 2., a training program, or an institution of higher
10education.
AB75-ASA1, s. 1376 11Section 1376. 49.797 (2) (a) of the statutes is amended to read:
AB75-ASA1,636,1912 49.797 (2) (a) Except Notwithstanding s. 46.028 and except as provided in par.
13(b) and sub. (8), the department shall administer a statewide program to deliver food
14stamp benefits to recipients of food stamp benefits by an electronic benefit transfer
15system. All suppliers, as defined in s. 49.795 (1) (d), may participate in the delivery
16of food stamp benefits under the electronic benefit transfer system. The department
17shall explore methods by which nontraditional retailers, such as farmers' markets,
18may participate in the delivery of food stamp benefits under the electronic benefit
19transfer system.
AB75-ASA1, s. 1376g 20Section 1376g. 49.826 of the statutes is created to read:
AB75-ASA1,636,22 2149.826 Administration of child care provider services in certain
22counties.
(1) Definitions. In this section:
AB75-ASA1,636,2323 (a) "County" means a county having a population of 500,000 or more.
AB75-ASA1,636,2424 (b) "Department" means the department of children and families.
AB75-ASA1,636,2525 (c) "Secretary" means the secretary of children and families.
AB75-ASA1,636,26
1(d) "Unit" means the child care provider services unit.
AB75-ASA1,637,4 2(2) Establishment of unit. (a) The department may establish a child care
3provider services unit under s. 15.02 (3) (c) 3. to perform any of the following
4administrative functions under the program under s. 49.155 in a county:
AB75-ASA1,637,55 1. Certify day care providers under s. 48.651.
AB75-ASA1,637,66 2. Provide child care program integrity services under s. 49.197 (2).
AB75-ASA1,637,97 3. Annually perform a survey of market child care rates, as directed by the
8department, and determine maximum reimbursement rates, if the department so
9directs.
AB75-ASA1,637,1210 4. Assist individuals who are eligible for child care subsidies under s. 49.155
11to identify available child care providers and select appropriate child care
12arrangements.
AB75-ASA1,637,1513 (b) The department may enter into a contract with a county that provides for
14the performance by the county of any of the administrative functions under this
15subsection in the county.
AB75-ASA1,637,1716 (c) The department shall reimburse a county for all approved, allowable costs
17that are incurred by the county under a contract with the department under par. (b).
AB75-ASA1,637,24 18(3) Division of employment-related functions. (a) Supervisory personnel in
19the unit shall be state employees. Nonsupervisory staff performing services under
20this section for the unit in a county may be a combination of state employees and
21employees of the county. For the performance of services under this section for the
22unit, a county shall maintain no fewer represented authorized full-time employee
23positions than the number of represented full-time employee positions that were
24authorized on February 1, 2009, for performance of the same types of services.
AB75-ASA1,638,4
1(b) 1. The department shall have the authority to hire, transfer, suspend, lay
2off, recall, promote, discharge, assign, reward, discipline, and adjust grievances with
3respect to, and state supervisory employees may supervise, county employees
4performing services under this section for the unit.
AB75-ASA1,638,75 2. For the purposes under subd. 1., the department shall use the same process
6and procedures under ch. 230 that are used for the classified service of the state civil
7service system, including specifically the use of probationary periods under s. 230.28.
AB75-ASA1,638,108 3. County employees performing services under this section for the unit in a
9county shall be subject to the residency requirements that apply to other county
10employees under the county's civil service rules.
AB75-ASA1,638,1611 4. The department may enter into a memorandum of understanding, as
12described under s. 111.70 (3p), with the certified representative of the county
13employees performing services under this section in the county for the unit. If there
14is a dispute as to hours or conditions of employment that remains between the
15department and the certified representative after a good faith effort to resolve it, the
16department may unilaterally resolve the dispute.
AB75-ASA1,638,1917 (c) A county shall perform all administrative tasks related to payroll and
18benefits for the county employees performing services under this section in the
19county for the unit.
AB75-ASA1,638,24 20(4) Treatment of former county employees appointed to state employee
21positions in the unit.
All of the following shall apply to an employee who is appointed
22to a state employee position in the unit after the effective date of this subsection ....
23[LRB inserts date], and who, immediately prior to his or her appointment, was a
24county employee:
AB75-ASA1,639,3
1(a) The employee shall serve any applicable probationary period under s.
2230.28, but shall have his or her seniority with the state computed by treating the
3employee's total service with the county as state service.
AB75-ASA1,639,54 (b) Annual leave for the employee shall accrue at the rate provided in s. 230.35
5using the employee's state service computed under par. (a).
AB75-ASA1,639,146 (c) 1. The employee may remain a participating employee in the retirement
7system established under chapter 201, laws of 1937. To remain under the retirement
8system established under chapter 201, laws of 1937, the employee must exercise this
9option in writing, on a form provided by the department, at the time the employee
10is appointed to a state employee position. The employee shall exercise this option,
11in writing, no later than 10 days after the employee is appointed to a state employee
12position. An employee's decision to remain a participating employee in the
13retirement system established under chapter 201, laws of 1937, is irrevocable during
14the period that the employee is holding a state employee position in the unit.
AB75-ASA1,639,1715 2. The secretary shall pay, on behalf of the employee, all required employer
16contributions under the retirement system established under chapter 201, laws of
171937.
AB75-ASA1,640,218 (d) The employee shall have his or her sick leave accrued with the state
19computed by treating the employee's unused balance of sick leave accrued with the
20county as sick leave accrued in state service, but not to exceed the amount of sick
21leave the employee would have accrued in state service for the same period, if the
22employee is able to provide adequate documentation in accounting for sick leave used
23during the accrual period with the county. Sick leave that transfers under this
24paragraph is not subject to a right of conversion, under s. 40.05 (4) or otherwise, upon

1death or termination of creditable service for payment of health insurance benefits
2on behalf of the employee or the employee's dependents.
AB75-ASA1, s. 1377 3Section 1377. 49.83 of the statutes is amended to read:
AB75-ASA1,640,14 449.83 Limitation on giving information. Except as provided under s. ss.
549.25 and 49.32 (9), (10), and (10m), no person may use or disclose information
6concerning applicants and recipients of relief funded by a relief block grant, aid to
7families with dependent children, Wisconsin Works under ss. 49.141 to 49.161, social
8services, child and spousal support and establishment of paternity and medical
9support liability services under s. 49.22, or supplemental payments under s. 49.77
10for any purpose not connected with the administration of the programs, except that
11the department of children and families may disclose such information to the
12department of revenue for the sole purpose of administering state taxes. Any person
13violating this section may be fined not less than $25 nor more than $500 or
14imprisoned in the county jail not less than 10 days nor more than one year or both.
AB75-ASA1, s. 1378 15Section 1378. 49.84 (3) of the statutes is repealed.
AB75-ASA1, s. 1379 16Section 1379. 49.84 (4) of the statutes is repealed.
AB75-ASA1, s. 1380 17Section 1380. 49.895 of the statutes is created to read:
AB75-ASA1,640,18 1849.895 Insurance claim intercept. (1) In this section:
AB75-ASA1,640,2119 (a) "Medical assistance liability" means an amount that the department of
20health services may recover under s. 49.497, 49.847, or 49.89, excluding an amount
21under s. 49.497 (1r).
AB75-ASA1,640,2322 (b) "Support liability" means an amount that is entered in the statewide
23support lien docket under s. 49.854.
AB75-ASA1,641,3
1(2) Subject to sub. (5), before paying an insurance claim of $500 or more to any
2individual, an insurer that is authorized to do business in this state shall do all of
3the following:
AB75-ASA1,641,64 (a) Verify with the department of health services, in the manner required by
5that department, whether the individual to whom the claim is to be paid has a
6medical assistance liability.
AB75-ASA1,641,87 (b) Check the statewide support lien docket to determine whether the
8individual to whom the claim is to be paid has a support liability.
AB75-ASA1,641,11 9(3) If an individual to whom a claim of $500 or more is to be paid has a support
10liability or a medical assistance liability, or both, the insurer shall distribute the
11claim proceeds as follows:
AB75-ASA1,641,1412 (a) First, if there is a support liability, to the department of children and
13families to pay the support liability, up to the amount of the support liability or the
14amount of the claim, whichever is less.
AB75-ASA1,641,1715 (b) Next, if there is a medical assistance liability, to the department of health
16services to pay the medical assistance liability, up to the amount of the medical
17assistance liability or the amount of the claim proceeds remaining, whichever is less.
AB75-ASA1,641,1818 (c) Last, to the individual, the remainder of the claim proceeds, if any.
AB75-ASA1,641,23 19(4) The department of health services shall promulgate rules for the
20administration of this section, including procedures for insurers to follow and any
21notice and hearing requirements. Notwithstanding s. 227.24 (3), the rules under this
22subsection may be promulgated as emergency rules under s. 227.24 without a finding
23of emergency.
AB75-ASA1,641,25 24(5) (a) Except as provided in par. (b), this section applies only to the following
25types of insurance payments:
AB75-ASA1,641,26
11. Motor vehicle insurance payments.
AB75-ASA1,642,22 2. Casualty insurance payments.
AB75-ASA1,642,33 3. Liability insurance payments.
AB75-ASA1,642,44 4. Malpractice insurance payments.
AB75-ASA1,642,55 5. Worker's compensation insurance payments.
AB75-ASA1,642,66 (b) This section does not apply to the following types of insurance payments:
AB75-ASA1,642,77 1. Life insurance payments.
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