AB1072,35
17Section 35
. 108.04 (2) (bb) of the statutes is created to read:
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108.04
(2) (bb) The department shall, except as provided under par. (bd), waive
19the work search requirement under par. (a) 3. if any of the following applies:
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1. A reason specified in par (b) 1., 2., 3., or 4.
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2. The claimant performs any work for his or her customary employer.
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3. The requirements are waived under s. 108.04 (16) or 108.062 (10m), or the
23claimant is enrolled in and satisfactorily participating in a self-employment
24assistance program or another program established under state or federal law and
1the program provides that claimants who participate in the program shall be waived
2by the department from work search requirements.
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4. The claimant has not complied with the requirement because of an error
4made by personnel of the department.
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5. The claimant's most recent employer failed to post appropriate notice posters
6as to claiming unemployment benefits as required by the department by rule, and
7the claimant was not aware of the work search requirement.
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6. The claimant has been referred for reemployment services, is participating
9in such services, or is not participating in such services, but has good cause for failure
10to participate. For purposes of this subdivision, a claimant has good cause if he or she
11is unable to participate due to any of the following:
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a. A reason specified in subd. 3. or par (b) 4.
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b. The claimant is employed.
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c. The claimant is attending a job interview.
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d. Circumstances that the department determines are beyond the claimant's
16control.
AB1072,36
17Section 36
. 108.04 (2) (bd) of the statutes is created to read:
AB1072,38,2018
108.04
(2) (bd) The department may, by rule, do any of the following if doing
19so is necessary to comply with a requirement under federal law or is specifically
20allowed under federal law:
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1. Modify the availability of any waiver under par. (b) or (bb).
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2. Establish additional waivers from the requirements under par. (a) 2. and 3.
AB1072,37
23Section 37
. 108.04 (2) (bm) of the statutes is amended to read:
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108.04
(2) (bm) A claimant is ineligible to receive benefits for any week for
25which there is a determination that the claimant failed to
conduct a reasonable
1search for suitable comply with the registration for work and work
and search
2requirements under par. (a) 2. or 3. or failed to provide verification to the department
3that the claimant complied with those requirements, unless the department has
not 4waived
the search requirement those requirements under par. (b)
, (bb), or (bd) or s.
5108.062 (10m). If the department has paid benefits to a claimant for any such week,
6the department may recover the overpayment under s. 108.22.
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601.83
(1) (a)
Subject to par. (b), the The commissioner shall administer a
10state-based reinsurance program known as the healthcare stability plan
in
11accordance with the specific terms and conditions approved by the federal
12department of health and human services dated July 29, 2018. Before December 31,
132023, the commissioner may not request from the federal department of health and
14human services a modification, suspension, withdrawal, or termination of the waiver
15under 42 USC 18052 under which the healthcare stability plan under this
16subchapter operates unless legislation has been enacted specifically directing the
17modification, suspension, withdrawal, or termination. Before December 31, 2023,
18the commissioner may request renewal, without substantive change, of the waiver
19under 42 USC 18052 under which the health care stability plan operates in
20accordance with s. 20.940 (4) unless legislation has been enacted that is contrary to
21such a renewal request. The commissioner shall comply with applicable timing in
22and requirements of s. 20.940.
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601.83
(1) (g) The commissioner may promulgate any rules necessary to
4implement the healthcare stability plan under this section, except that any rules
5promulgated under this paragraph shall seek to maximize federal funding for the
6healthcare stability plan
and shall comply with this section and with the approval
7by the federal department of health and human services dated July 29, 2018. The
8commissioner may promulgate rules necessary to implement this section as
9emergency rules under s. 227.24. Notwithstanding s. 227.24 (1) (a) and (3), the
10commissioner is not required to provide evidence that promulgating a rule under this
11paragraph as an emergency rule is necessary for the preservation of the public peace,
12health, safety, or welfare and is not required to provide a finding of emergency for a
13rule promulgated under this paragraph.
An emergency rule promulgated by the
14commissioner under this paragraph before January 1, 2019, remains in effect until
15it is superseded by a subsequent permanent rule.
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601.83
(1) (h) In 2019 and in each subsequent year, the commissioner may
19expend no more than $200,000,000 from all revenue sources for the healthcare
20stability plan under this section, unless the joint committee on finance under s. 13.10
21has increased this amount upon request by the commissioner.
The commissioner
22shall ensure that sufficient funds are available for the healthcare stability plan
23under this section to operate as described in the approval of the federal department
24of health and human services dated July 29, 2018.
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25Section 42
. 601.83 (1) (i) of the statutes is created to read:
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1601.83
(1) (i) The commissioner shall complete and submit any reports, provide
2any information, and participate in any oversight activities required by the federal
3department of health and human services to implement and maintain the healthcare
4stability plan under this subchapter.
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7Section 44
.
Nonstatutory provisions.
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(1)
Requests for appropriation transfers. During the 2018-19 fiscal year, the
9department of workforce development may submit to the joint committee on finance
10one or more requests to transfer moneys from the appropriation account under s.
1120.445 (1) (b) to the appropriation accounts under s. 20.445 (1) (dg) and (e) for the
12purpose of funding the grant programs under ss. 106.13 (3m) and 106.272. If the
13committee approves a request in whole or in part, the committee may transfer
14moneys without making any of the findings required under s. 13.101 (4).
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(2)
Requirements for existing childless adults Medical Assistance
16recipients. Notwithstanding the requirement in s. 49.45 (23b) to begin as soon as
17practicable after October 31, 2018, all of the following apply to the demonstration
18project under s. 49.45 (23) and (23b):
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(a) The 48-month eligibility period for current recipients of Medical Assistance
20under s. 49.45 (23) who are not participating in an activity that qualifies as a
21community engagement activity begins no sooner than October 31, 2019, or no
22sooner than the first of the month when the eligibility of a recipient has been
23established, if all beneficiaries who will be subject to the community engagement
24activity requirement have been adequately notified.
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1(b) The requirement for current recipients of Medical Assistance under s. 49.45
2(23) to complete a health risk assessment applies no sooner than October 31, 2019.
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(3)
Implementation of childless adult demonstration project.
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(a) The department of health services shall implement the childless adults
5demonstration project reforms in accordance with s. 49.45 (23b) by no later than
6November 1, 2019. If the department of health services is unable to fully implement
7the project reforms by November 1, 2019, the department may request from the joint
8committee on finance an extension not to exceed 90 days in a written submission that
9includes a report on the progress toward implementation of the project and the
10reason an extension is needed. If the cochairpersons of the joint committee on
11finance do not notify the department of health services within 14 working days after
12the date of the request for an extension under this paragraph that the committee has
13scheduled a meeting for the purpose of reviewing the extension request, the
14extension is considered granted. If, within 14 working days after the date of the
15request for an extension under this paragraph, the cochairpersons of the committee
16notify the department of health services that the committee has scheduled a meeting
17for the purpose of reviewing the extension request, the department may consider the
18extension granted only upon approval by the committee. The department of health
19services may request additional extensions under the procedure under this
20paragraph.
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(b) If the joint committee on finance determines that the department of health
22services has not complied with the deadline under par. (a), has not made sufficient
23progress in implementing s. 49.45 (23b), or has not complied with s. 20.940 (3) (c) in
24relation to the implementation of s. 49.45 (23b), the joint committee on finance may
25reduce from moneys allocated for state operations or administrative functions the
1department of health services's appropriation or expenditure authority, whichever
2is applicable, or change the authorized level of full-time equivalent positions for the
3department of health services related to the Medical Assistance program. The
4procedures under s. 13.10 do not apply to this paragraph.
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(4)
Wisconsin healthcare stability plan 2019 payment parameters. 6Notwithstanding
2017 Wisconsin Act 138,
section 11 (1), for the 2019 benefit year,
7the commissioner of insurance shall set as payment parameters for the healthcare
8stability plan under subch. VII of ch. 601 an attachment point of $50,000, a
9coinsurance rate of 50 percent, and a reinsurance cap of $250,000. The commissioner
10of insurance may not adjust the payment parameters for the 2019 benefit year.
AB1072,43,1611
(5)
Drug testing and treatment implementation deadline. The department
12of health services shall implement the substance abuse screening, testing, and
13treatment under s. 49.791 by no later than October 1, 2019, and before
14implementation shall comply with s. 20.940 (3) (c) as if the screening, testing, and
15treatment under s. 49.791 is a request approved on the effective date of this
16subsection.
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(1)
Workforce development; workforce training appropriation decrease. In
19the schedule under s. 20.005 (3) for the appropriation to the department of workforce
20development under s. 20.445 (1) (b), the dollar amount for fiscal year 2018-19 is
21decreased by $7,345,900.
AB1072,46
22Section 46
.
Effective dates. This act takes effect on the day after publication,
23except as follows:
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1(1)
Wisconsin healthcare stability plan. The treatment of s. 601.85 (4) takes
2effect on December 31, 2018.
