Amendment SSA1-AB1038

AB1038-SSA1,41 Section 41 . 40.22 (2r) (intro.) of the statutes is amended to read:

AB1038-SSA1,20,25 40.22 (2r) (intro.) An Except as otherwise provided in s. 40.26 (6), an employee who was not a participating employee before July 1, 2011, who is not expected to work at least two-thirds of what is considered full-time employment by the department, as determined by rule, and who is not otherwise excluded under sub. (2) from becoming a participating employee shall become a participating employee if he or she is subsequently employed by the state agency or other participating employer for either of the following periods:

AB1038-SSA1,42 Section 42. 40.22 (3) (intro.) of the statutes is amended to read:

AB1038-SSA1,21,4 40.22 (3) (intro.) A Except as otherwise provided in s. 40.26 (6), a person who qualifies as a participating employee shall be included within, and shall be subject to, the Wisconsin retirement system effective on one of the following dates:

AB1038-SSA1,43 Section 43 . 40.26 (1m) (a) of the statutes is amended to read:

AB1038-SSA1,21,12 40.26 (1m) (a) If Except as otherwise provided in sub. (6), if a participant receiving a retirement annuity, or a disability annuitant who has attained his or her normal retirement date, is employed in a position in covered employment in which he or she is expected to work at least two-thirds of what is considered full-time employment by the department, as determined under s. 40.22 (2r), the participant's annuity shall be suspended and no annuity payment shall be payable until after the participant terminates covered employment.

AB1038-SSA1,44 Section 44 . 40.26 (1m) (b) of the statutes is amended to read:

AB1038-SSA1,21,21 40.26 (1m) (b) If Except as otherwise provided in sub. (6) if, a participant receiving a retirement annuity, or a disability annuitant who has attained his or her normal retirement date, enters into a contract to provide employee services with a participating employer and he or she is expected to work at least two-thirds of what is considered full-time employment by the department, as determined under s. 40.22 (2r), the participant's annuity shall be suspended and no annuity payment shall be payable until after the participant no longer provides employee services under the contract.

AB1038-SSA1,45 Section 45 . 40.26 (5) (intro.) of the statutes is amended to read:

AB1038-SSA1,22,2 40.26 (5) (intro.) If Except as otherwise provided in sub. (5m), if a participant applies for an annuity or lump sum payment during the period in which less than 75 days have elapsed between the termination of employment with a participating employer and becoming a participating employee with any participating employer, all of the following shall apply:

AB1038-SSA1,46 Section 46 . 40.26 (5m) of the statutes is created to read:

AB1038-SSA1,22,9 40.26 (5m) When the governor declares a state of emergency related to a public health emergency under s. 323.10, sub. (5) does not apply during the state of emergency if at least 15 days have elapsed between the termination of employment with a participating employer and becoming a participating employee if the position for which the participant is hired is a critical position, as determined by the secretary of health services under s. 323.19 (3).

AB1038-SSA1,47 Section 47 . 40.26 (6) of the statutes is created to read:

AB1038-SSA1,22,15 40.26 (6) When the governor declares a state of emergency under s. 323.10, a participant who is hired during the emergency may elect to not suspend his or her retirement annuity or disability annuity under sub. (1m) for the duration of the state of emergency related to a public health emergency if all of the following conditions are met:

AB1038-SSA1,22,19 (a) At the time the participant terminates his or her employment with a participating employer, the participant does not have an agreement with any participating employer to return to employment or enter into a contract to provide employee services for the employer.

AB1038-SSA1,22,21 (b) The position for which the participant has been hired is a critical position, as determined under s. 323.19 (3).

AB1038-SSA1,48 Section 48. 40.51 (8) of the statutes is amended to read:

AB1038-SSA1,23,2 40.51 (8) Every health care coverage plan offered by the state under sub. (6) shall comply with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.729, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.867, 632.87 (3) to (6), 632.871, 632.885, 632.89, 632.895 (5m) and (8) to (17), and 632.896.

AB1038-SSA1,49 Section 49. 40.51 (8m) of the statutes is amended to read:

AB1038-SSA1,23,7 40.51 (8m) Every health care coverage plan offered by the group insurance board under sub. (7) shall comply with ss. 631.95, 632.729, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.867, 632.871, 632.885, 632.89, and 632.895 (11) to (17).

AB1038-SSA1,50 Section 50. 46.968 of the statutes is created to read:

AB1038-SSA1,23,10 46.968 Reimbursements for COVID-19 services. (1) Definitions. In this section:

AB1038-SSA1,23,11 (a) “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.

AB1038-SSA1,23,12 (b) “Health care provider” has the meaning given in s. 146.81 (1).

AB1038-SSA1,23,22 (2) Reimbursements. The department shall establish and implement a program, including the process and criteria, to reimburse a health care provider for testing or treating any individual for COVID-19 during an outbreak of COVID-19 or for vaccinating, if a vaccine is available, an individual against COVID-19 when the health care provider has incurred the cost because the individual does not have insurance or health coverage or the testing, treatment, or vaccination is not paid for by a publicly administered health program such as Medicare or the Medical Assistance program or another party. The department may not pay a reimbursement to a health care provider under the program established under this subsection unless all of the following have been satisfied:

AB1038-SSA1,23,25 (a) A determination has been made whether the individual for whom the health care provider seeks reimbursement for testing, treatment, or vaccination is eligible for the Medical Assistance program under subch. IV of ch. 49.

AB1038-SSA1,24,4 (b) All other sources of reimbursement for the testing, treatment, or vaccination, including any reimbursement of the health care provider from a public health and social services emergency fund administered by the federal government, have been exhausted.

AB1038-SSA1,51 Section 51 . 48.026 of the statutes is created to read:

AB1038-SSA1,24,8 48.026 Public health emergency. During a public health emergency declared by the governor under s. 323.10, including any extension, all of the following apply:

AB1038-SSA1,24,11 (1) Notwithstanding ss. 48.217 (2), 48.357 (2) (c), and 48.437 (2), in emergency situations, a child may be placed in a licensed public or private shelter care facility as a transitional placement for not more than 40 days.

AB1038-SSA1,24,13 (2) The department may waive the preadoption training requirement under s. 48.84 (2g) (a).

AB1038-SSA1,24,16 (3) Notwithstanding s. 48.62 (1) or rules promulgated by the department under that section, a licensed foster care may receive more than 4 children if the department determines it is necessary.

AB1038-SSA1,24,19 (4) Notwithstanding ss. 48.02 (7), 48.625 (1), and 938.02 (7), the maximum number of children that a person with a license to operate a group home may receive is 10 if the department determines it is necessary.

AB1038-SSA1,24,23 (5) Notwithstanding s. 48.66 (5), the department may waive the requirement under that section to submit an application for continuance of a license 30 days before its expiration date and to submit payment of the applicable fees referred to in ss. 48.68 (1), 48.685 (8), and 48.686 (2) (ag).

AB1038-SSA1,25,3 (6) Notwithstanding s. 48.75 (1d), a foster home license issued under that subsection that expires during a public health emergency may be extended beyond 2 years from the date of issuance.

AB1038-SSA1,25,5 (7) Notwithstanding s. 48.75 (1g) (a), a public licensing agency may license a foster home in another county.

AB1038-SSA1,25,9 (8) Notwithstanding ss. 48.06 (2) (a) and 48.981 (3) (cr), upon request and on behalf of the county department in a county with a population of less than 750,000, the department may provide intake services required by s. 48.067 and any duty of the county under s. 48.981.

AB1038-SSA1,52 Section 52 . 49.175 (1) (x) of the statutes is created to read:

AB1038-SSA1,25,13 49.175 (1) (x) Public health emergency programs. For the public health emergency programs under s. 49.259 (2) (a) and (3), $100,000,000 in the 2019-21 fiscal biennium.

AB1038-SSA1,53 Section 53 . 49.175 (1) (zh) of the statutes is amended to read:

AB1038-SSA1,25,18 49.175 (1) (zh) Earned income tax credit supplement. For the transfer of moneys from the appropriation account under s. 20.437 (2) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $69,700,000 in each fiscal year 2019-20 and $86,700,000 in fiscal year 2020-21.

AB1038-SSA1,54 Section 54 . 49.175 (2) (b) of the statutes is created to read:

AB1038-SSA1,25,23 49.175 (2) (b) Notwithstanding par. (a), during a state of emergency related to public health declared by the governor under s. 323.10, the department may reallocate funds that are allocated under a paragraph under sub. (1) for the purpose specified in sub. (1) (x), but not vice versa.

AB1038-SSA1,55 Section 55 . 49.259 of the statutes is created to read:

AB1038-SSA1,26,3 49.259 Public health emergency grant programs. (1) Definition. In this section, “public health emergency” means a state of emergency related to public health declared by the governor under s. 323.10.

AB1038-SSA1,26,5 (2) Grant programs. (a) Critical workforce child care grant program. 1. In this paragraph:

AB1038-SSA1,26,11 a. “Critical workforce member” means an employee, contractor, or other staff person working in a vital sector, including health care; child welfare; long-term care; residential care; pharmacy; child care; government operations; critical infrastructure, such as sanitation, transportation, utilities, telecommunications, grocery, and food services; supply chain operations; and other sectors as determined by the department.

AB1038-SSA1,26,13 b. “First responder” means an employee of or volunteer for an agency that provides fire fighting, law enforcement, medical, or other emergency services.

AB1038-SSA1,26,23 2. The department shall make grants available to entities that employ, contract with, or have as volunteers critical workforce members to help pay for or reimburse eligible child care costs. Eligible child care costs are those child care costs that are due to the public health issue that is the basis of a public health emergency and that are incurred during that public health emergency. Eligible child care costs include the cost to establish a temporary facility to provide care and supervision for children of critical workforce members or the cost to pay for a slot in an existing facility that provides care and supervision of children. The department shall prioritize grants that assist health care workers and first responders and may award grants that assist other critical workforce members at its discretion.

AB1038-SSA1,27,5 3. The department shall make grants available to child care providers certified under s. 48.651 and child care centers licensed under s. 48.65, provisionally licensed under s. 48.69, or established or contracted for under s. 120.13 (14) to pay for providing care and supervision for children of critical workforce members during a public health emergency. The department shall prioritize grants that assist health care workers and first responders and may award grants that assist other critical workforce members at its discretion.

AB1038-SSA1,27,13 (b) Grant program for child care hazard pay. The department shall make monthly grants available to child care providers certified under s. 48.651 and child care centers licensed under s. 48.65, provisionally licensed under s. 48.69, or established or contracted for under s. 120.13 (14) to pay for providing hazard pay to employees who work during a public health emergency. Whether or not a child care center or child care provider provides child care services to individuals who are eligible for subsidies under s. 49.155 does not affect eligibility for grants under this paragraph.

AB1038-SSA1,27,23 (c) Grant program for closure of child care centers or providers. During a public health emergency, the department shall make monthly grants available to child care providers certified under s. 48.651 and child care centers licensed under s. 48.65, provisionally licensed under s. 48.69, or established or contracted for under s. 120.13 (14) that cease operating because of a public health issue that is the basis of the public health emergency. Grants under this paragraph may be made only to cover costs of lost revenue from child care services that would otherwise have been provided to individuals who are not eligible for child care subsidies under s. 49.155 and only if those individuals are not charged for child care services while the child care provider or child care center is closed during the public health emergency.

AB1038-SSA1,28,2 (d) Congregate care facility grant program. The department shall make grants available to congregate care facilities, as defined under s. 48.685 (1) (ao), for the costs of addressing workforce shortages and other needs to keep facilities operational during a public health emergency.

AB1038-SSA1,28,3 (3) Wisconsin Works eligibility. (a) Definitions. In this subsection :

AB1038-SSA1,28,4 1. “Wisconsin Works” has the meaning given in s. 49.141 (1) (p).

AB1038-SSA1,28,5 2. “Wisconsin Works group” has the meaning given in s. 49.141 (1) (s).

AB1038-SSA1,28,10 (b) Expanded Wisconsin Works program. 1. During a public health emergency, an individual who is facing an immediate and discrete financial crisis due to the pandemic is eligible for a cash benefit payment of $653 per month under the Wisconsin Works program. An individual is eligible for a cash benefit payment under this paragraph if all of the following apply:

AB1038-SSA1,28,13 a. The individual's place of employment closes, the individual is furloughed or temporarily laid off, or the individual misses work due to a lack of available child care as a result of the public health issue that is the basis of the public health emergency.

AB1038-SSA1,28,16 b. The individual meets the eligibility criteria under s. 49.145 (2), except that the requirements under s. 49.145 (2) (h), (hm), (n), and (q) do not apply to a cash benefit payment under this paragraph.

AB1038-SSA1,28,20 c. The individual is a member of a Wisconsin Works group whose gross income is at or below 200 percent of the poverty line. In calculating gross income under this subdivision, the Wisconsin Works agency shall include the income specified in s. 49.145 (3) (b) 1. and 3.

AB1038-SSA1,28,25 2. Notwithstanding s. 49.159 (1) (a) 1. to 4., during a public health emergency, a noncustodial parent is eligible to receive services and benefits under s. 49.159 (1) (b) regardless of whether or not the custodial parent participates in a Wisconsin Works employment position or receives services or benefits under s. 49.147 (2) (am), 49.148 (1m), or 49.155.

AB1038-SSA1,29,4 (c) Expanded job access loans. 1. During a public health emergency, an individual who is facing an immediate and discrete financial crisis due to the pandemic is eligible for a job access loan under s. 49.147 (6) if all of the following apply:

AB1038-SSA1,29,7 a. The individual meets the eligibility criteria under s. 49.145 (2), except that, notwithstanding s. 49.145 (2) (a), an individual who is a custodial or noncustodial parent is eligible for a loan under this paragraph.

AB1038-SSA1,29,11 b. The individual is a member of a Wisconsin Works group whose gross income is at or below 200 percent of the poverty line. In calculating gross income under this subd. 1. b., the Wisconsin Works agency shall include the income specified in s. 49.145 (3) (b) 1. and 3.

AB1038-SSA1,29,12 c. The individual meets the eligibility criteria under s. 49.147 (6) (a) 1. to 4.

AB1038-SSA1,29,14 2. Notwithstanding s. 49.147 (6) (b) 1., the maximum loan amount for a job access loan under subd. 1. is $1,600.

AB1038-SSA1,29,16 3. During a public health emergency, all payments on job access loans under this paragraph and s. 49.147 (6) are suspended.

AB1038-SSA1,29,20 (d) Expanded emergency assistance. During a public health emergency, an individual who suffers a loss of income due to the public health issue that is the basis of the public health emergency is eligible for emergency assistance under s. 49.138. All of the following apply to emergency assistance under this paragraph:

AB1038-SSA1,30,4 1. An individual who meets the criteria established in the rules promulgated by the department under s. 49.138 (1d) (b) qualifies for emergency assistance under this paragraph, except that, notwithstanding those rules, an individual who is 18 to 24 years of age and is not a parent or caretaker may apply for emergency assistance under this paragraph and an individual who is a member of an emergency assistance group with a gross income that is at or below 200 percent of the poverty line is eligible for emergency assistance under this paragraph. In calculating gross income under this subdivision, the Wisconsin Works agency shall include the income specified in s. 49.145 (3) (b) 1. and 3.

AB1038-SSA1,30,6 2. Notwithstanding s. 49.138 (1m), the maximum payment for emergency assistance under this paragraph is $1,200.

AB1038-SSA1,30,11 3. The department shall establish a streamlined eligibility verification process for the purposes of administering this paragraph. Notwithstanding ss. 227.01 (3m) and (13), 227.10, and 227.112, the streamlined eligibility verification process under this subdivision need not be promulgated as rules under ch. 227, is not a guidance document, and is not subject to the requirements of s. 227.112.

AB1038-SSA1,30,13 4. An individual may receive emergency assistance under this paragraph only once in a 12-month period.

AB1038-SSA1,30,15 5. An individual may qualify for both emergency assistance under s. 49.138 and expanded emergency assistance under this paragraph in the same 12-month period.

AB1038-SSA1,30,21 (e) Expanded Wisconsin Shares program. 1. Notwithstanding programmatic and eligibility requirements under s. 49.155 and rules promulgated under that section, to the extent authorized under a plan amendment, waiver, or other federal approval under subd. 2., an individual who needs child care services due to the public health issue that is the basis of a public health emergency may receive a subsidy under s. 49.155 for child care services received during that public health emergency.

AB1038-SSA1,31,7 2. No later than 60 days after the governor declares a public health emergency, the department shall submit to the federal department of health and human services any request for a state plan amendment, waiver, or other federal approval necessary to expand eligibility, as determined by the department, for the child care subsidy program under s. 49.155 to individuals who need child care services due to the public health issue that is the basis of the public health emergency. If the federal department approves the request or if no federal approval is necessary, the department shall expand eligibility for the child care subsidy program under s. 49.155 as provided under subd. 1. If the federal department disapproves the request, the department may not expand eligibility for the child care subsidy program under s. 49.155 as provided under subd. 1.

AB1038-SSA1,31,14 (f) Short-term financial assistance. The department shall administer a short-term financial assistance program to provide cash payments to eligible families for up to 4 months to pay for costs associated with housing, transportation, and other essential needs during a public health emergency. An individual is eligible for financial assistance under this paragraph if the individual is financially affected by the public health issue that is the basis of the public health emergency and meets all of the following criteria:

AB1038-SSA1,31,15 1. The individual is a custodial or noncustodial parent.

AB1038-SSA1,31,16 2. The individual has attained the age of 18.

AB1038-SSA1,31,18 3. The individual is a U.S. citizen or a qualifying alien, as defined by the department by rule.

AB1038-SSA1,31,19 4. The individual has residence in this state.

AB1038-SSA1,31,21 5. The individual has received any public benefits within the 12 months prior to the date of application.

AB1038-SSA1,31,23 6. The individual is not receiving a Wisconsin Works benefit on the date that the individual applies for short-term financial assistance.

AB1038-SSA1,32,3 (4) Program criteria and guidelines . The department may establish eligibility criteria and guidelines for administering the programs under subs. (2) and (3) (f), which, notwithstanding ss. 227.01 (3m) and (13), 227.10, and 227.112, need not be promulgated as rules under ch. 227, are not guidance documents, and are not subject to the requirements of s. 227.112.

AB1038-SSA1,56 Section 56. 49.45 (2t) (d) of the statutes is created to read:

AB1038-SSA1,32,8 49.45 (2t) (d) This subsection does not apply during a state of emergency declared by the governor under s. 323.10 for a public health emergency or a public health emergency declared under 42 USC 247d by the secretary of the federal department of health and human services.

AB1038-SSA1,57 Section 57 . 49.688 (1) (c) of the statutes is renumbered 49.688 (1) (c) (intro.) and amended to read:

AB1038-SSA1,32,11 49.688 (1) (c) (intro.) “Prescription drug" means a any of the following:

AB1038-SSA1,32,14 1. A prescription drug, as defined in s. 450.01 (20), that is included in the drugs specified under s. 49.46 (2) (b) 6. h. and that is manufactured by a drug manufacturer that enters into a rebate agreement in force under sub. (6).

AB1038-SSA1,58 Section 58 . 49.688 (1) (c) 2. of the statutes is created to read: