6. State and local employment regulations; repeal preemption of local
government regulations
This bill repeals the preemption of local governments from enacting or
enforcing ordinances related to various employment matters. Under current law, a
local government may not enact an ordinance regulating wages, overtime pay,
employee hours, and benefits. See Local Government.
Unemployment Insurance
Drug testing
Current state law requires DWD to establish a program to test for the presence
of controlled substances certain claimants who apply for unemployment insurance
(UI) benefits. A claimant who tests positive for a controlled substance for which the
claimant does not have a prescription is ineligible for UI benefits until certain
requalification criteria are satisfied or unless he or she enrolls in a substance abuse
treatment program and undergoes a job skills assessment, and a claimant who
declines to submit to a test is simply ineligible for benefits until he or she requalifies.
However, under federal law, the state may require the drug testing under the
program only in accordance with regulations issued by the federal secretary of labor.
As of February 26, 2019, final federal regulations have not been issued. This bill
repeals the requirement to establish the drug testing program.
Also under current law, an employer may voluntarily submit to DWD the
results of a preemployment test for the presence of controlled substances that was
conducted on an individual as a condition of an offer of employment or notify DWD
that an individual declined to submit to such a test. If DWD then verifies that
submission, the employee may be ineligible for benefits until he or she requalifies.
However, a claimant who tested positive may maintain eligibility by enrolling in a
substance abuse treatment program and undergoing a job skills assessment. This
bill repeals these preemployment drug testing provisions.
2. Increasing maximum weekly benefit rate
This bill increases the maximum amount of weekly unemployment benefits
payable from $370 to $406.
3. Ineligibility due to substantial fault
Under current law, an employee whose work is terminated for substantial fault
is ineligible to receive UI benefits until the employee satisfies certain requalification
criteria. With certain exceptions, current law defines “substantial fault” to include
those acts or omissions of an employee over which the employee exercised reasonable
control and which violate reasonable requirements of his or her employer.
This bill repeals the provision on substantial fault and replaces it with a
provision on absenteeism and tardiness by an employee. Under the bill, if an
employee is discharged for failing to notify an employer of absenteeism or tardiness
that becomes excessive, the employee is ineligible to receive UI benefits until the
employee satisfies certain requalification criteria.
4. Acceptance of suitable work
Under current law, if a claimant for UI benefits fails, without good cause, to
accept suitable work when offered, the claimant is ineligible to receive UI benefits
until he or she satisfies certain requalification criteria. Current law specifies what
is considered “suitable work” for purposes of these provisions, with different
standards applying depending on how many weeks have elapsed since the claimant
became unemployed. Current law also specifies circumstances in which a claimant
has good cause for failing to accept what would otherwise be considered suitable
work.
This bill repeals the provisions described above regarding what is considered
suitable work and what is considered good cause for failing to accept suitable work
and replaces them with a) a different provision regarding what constitutes good
cause for a failure to accept suitable work; and b) a requirement for DWD to define
what constitutes suitable work for claimants by rule, with the rule specifying
different levels of suitable work based upon the number of weeks that a claimant has
received benefits in a given benefit year.
5. Benefit waiting period
Currently, a claimant must wait one week after becoming eligible to receive UI
benefits before the claimant may receive benefits for a week of unemployment. The
waiting period does not affect the maximum number of weeks of a claimant's benefit
eligibility. This bill deletes the one-week waiting period, thus permitting a claimant
to receive UI benefits beginning with his or her first week of eligibility.
6. Eligibility following voluntary termination of work
Under current law, unless an exemption applies, if an individual quits his or her
job, the individual is generally ineligible to receive UI benefits until the individual
satisfies certain requalification criteria. One of the exemptions under current law
is for an employee whose spouse is a member of the U.S. armed forces on active duty,
if the employee's spouse is required to relocate to a location from which it is
impractical for the employee to commute, and the employee relocates with his or her
spouse.
This bill repeals the requirement that, in order for the exemption to apply, the
employee's spouse be a member of the U.S. armed forces. Instead, the bill extends
the exemption to cover any employee whose spouse is required by an employer to
relocate.
7. Wage threshold for receipt of benefits
Under current law, a claimant for UI benefits is generally ineligible to receive
any benefits for a week if the claimant receives or is considered to have received
wages or other amounts from employment totaling more than $500. This bill
requires DWD to annually raise this $500 threshold figure by a percentage equal to
the change in the U.S. consumer price index.
8. Work search and registration
Under current law, a claimant for UI benefits is generally required to register
for work and to conduct searches for work each week in order to remain eligible, but
DWD is required to waive these requirements under certain circumstances. This bill
deletes the waiver provisions in current law and instead allows DWD to establish
such waivers by rule.
Job training
Fast Forward grants to shipbuilders
This bill requires DWD to allocate $1,000,000 in the 2019-21 fiscal biennium
for grants to shipbuilders in Wisconsin for the purpose of training incoming and
current staff.
2. Wisconsin Career Creator program
The bill eliminates the worker training and employment program known as the
Wisconsin Career Creator Program. Under current law, DWD is required provide
$20,000,000 in the 2019-21 fiscal biennium to facilitate worker training and
employment in the state. Under the program, DWD must consult with WEDC and
the Technical College System Board regarding the implementation of the program,
and must submit a plan for implementing the program to JCF before expending any
funds.
3. Project SEARCH program
This bill authorizes DWD to enter into contracts to provide employment skills
services to individuals with developmental disabilities under the Project SEARCH
program. The program is currently operated by the Cincinnati Children's Hospital
and DWD administers the program for residents of this state. The bill also requires
DWD to allocate $250,000 each fiscal year to the program.
Administrative changes
Worker's compensation; authority to conduct hearings
Under current law, DWD performs various administrative and adjudicatory
functions relating to worker's compensation, except that the adjudicatory functions
of DWD relating to disputed worker's compensation claims are performed by the
Division of Hearings and Appeals in DOA (DHA). This bill transfers the adjudicatory
functions of DHA relating to disputed worker's compensation claims to DWD.
2. Labor and Industry Review Commission
This bill attaches the Labor and Industry Review Commission (LIRC) to DWD.
Under current law, LIRC is attached to DOA. LIRC's primary responsibility is to
decide appeals of cases from administrative law judges in the areas of UI benefits,
worker's compensation, and equal rights.
3. Transfers to DHS for independent living grants
This bill clarifies that DWD is required to transfer money to DHS for the
purpose of providing grants to independent living centers only up to the amount
DWD receives from the federal Social Security Administration as reimbursement for
the fact that individuals who gain employment with assistance from the vocational
rehabilitation program no longer receive certain benefits from the federal Social
Security Administration. DHS awards grants to independent living centers for
providing nonresidential services to severely disabled individuals.
Under current law, DWD is required to transfer $600,000 in each fiscal year to
DHS for the grant program.
Environment
Water quality
Well compensation grant program
This bill makes changes to the well compensation grant program currently
administered by DNR.
Under current law, an individual owner or renter of a contaminated private well
may apply for a grant from DNR to cover a portion of the costs to treat the water,
reconstruct the well, construct a new well, connect to a public water supply, or fill and
seal the well. To be eligible for a grant the well owner's or renter's annual family
income may not exceed $65,000. A grant awarded under the program may not cover
any portion of a project's eligible costs in excess of $16,000 and, of those costs, may
not exceed 75 percent of a project's eligible costs, meaning that a grant may not
exceed $12,000. In addition, if the well owner's or renter's annual family income
exceeds $45,000, the amount of the award is reduced by 30 percent of the amount by
which the annual family income exceeds $45,000.
The bill increases the family income limit to $100,000. In addition, under the
bill, a well owner or renter whose family income is below the state's median income
may receive a grant of up to 100 percent of a project's eligible costs, not to exceed
$16,000. The bill also eliminates the requirement to reduce an award by 30 percent
if the well owner's or renter's family income exceeds $45,000.
Under current law, a well that is contaminated only by nitrates is eligible for
a grant only if the well is a water supply for livestock, is used at least three months
in each year, and contains nitrates in excess of 40 parts per million. The bill
eliminates these restrictions.
Under current law, DNR must issue grants in the order in which completed
claims are received. Under the bill, if there are insufficient funds to pay claims, DNR
may, for claims based on nitrate contamination, prioritize claims that are based on
higher levels of nitrate contamination.
2. Concentrated animal feeding operation fees
Under current law, a person who operates a concentrated animal feeding
operation (CAFO) must have a Wisconsin Pollutant Discharge Elimination System
(WPDES) permit from DNR. A CAFO is a livestock operation that contains at least
1,000 animal units, that discharges pollutants to a navigable water, or that
contaminates a well. Current law requires a CAFO operator with a WPDES permit
to pay an annual fee of $345 to DNR. The bill increases the amount of this annual
fee to $660. In addition to this annual fee, the bill requires an operator to pay a $3,270
fee upon receiving a WPDES permit and every five years after that. Under current
law, $95 of every annual fee is deposited into an appropriation account for general
program operations relating to DNR's environmental quality functions. The bill
instead requires that the $95 be deposited into an appropriation account for general
program operations relating to DNR's external services. In addition, under the bill,
$315 of the annual $660 fee and the full amount of the $3,270 fee is deposited into
an appropriation account for the purpose of DNR's regulation of CAFOs.
3. Local pollution control grants in TMDL watersheds
This bill requires DNR to award grants to municipalities and counties for water
pollution control infrastructure projects within watersheds that have a total
maximum daily load (TMDL) in effect. A TMDL is the maximum amount of
pollutants that an impaired water body can assimilate while still meeting water
quality standards. The bill provides for $4,000,000 in general obligation bonding
authority for this purpose.
4. Safe Drinking Water Loan Program
This bill authorizes the issuance of revenue bonds for the Safe Drinking Water
Loan Program under the environmental improvement fund, similar to the authority
for revenue bonding under the Clean Water Fund Program. The program provides
low-interest loans to municipalities for drinking water infrastructure projects, to
help them comply with federal drinking water standards.
Under current law, the state may contract up to $71,400,000 in public debt for
the Safe Drinking Water Loan Program. This bill increases the general obligation
bonding authority for the program by $43,550,000 and requires DOA to allocate up
to $40,000,000 of the authorized public debt to projects involving forgivable loans to
private users of public water systems to cover not more than 50 percent of the cost
to replace lead service lines.
5. Bonding for the Clean Water Fund Program
This bill increases by $13,500,000, from $646,283,200 to $659,783,200, the
general obligation bonding authority for the Clean Water Fund Program, under
which DNR provides financial assistance to local governmental units for projects to
control water pollution, such as sewage treatment plants.
6. Bonding for contaminated sediment removal
Under current law, the state may contract up to $32,000,000 in public debt to
pay a portion of the costs of a project to remove contaminated sediment from Lake
Michigan or Lake Superior, or a tributary of Lake Michigan or Lake Superior, if DNR
has identified the body of water as being impaired by the sediment. This bill
increases the general obligation bonding authority for sediment removal projects by
$25,000,000.
7. Bonding for nonpoint water pollution abatement
This bill increases by $6,500,000, from $44,050,000 to $50,550,000, the general
obligation bonding authority for financial assistance for nonpoint source water
pollution abatement projects and for animal feeding operations to implement best
management practices.
8. Bonding for urban storm water, flood control, and riparian restoration
This bill increases by $4,000,000, from $53,600,000 to $57,600,000, the general
obligation bonding authority for financial assistance for projects that manage urban
storm water and runoff and for flood control and riparian restoration projects.
Hazardous substances and environmental cleanup
Transfer of abandoned tank removal program
This bill transfers, from DNR to DATCP, the abandoned tank system removal
program, which currently allows DNR to hire contractors to remove abandoned
underground petroleum storage tanks if the owner is unable to afford to do so.
2. PECFA claim submission deadline
Under current law, DNR administers a program, commonly known as PECFA,
to reimburse owners of certain petroleum product storage tanks for a portion of the
costs of cleaning up discharges from those tanks. Under current law, a person is not
eligible for reimbursement unless the person submits a PECFA claim to DNR before
July 1, 2020. The bill changes that date to July 1, 2021.
health and human services
Medical Assistance
Medicaid expansion
This bill changes the family income eligibility level to up to 133 percent of the
federal poverty line for parents and caretaker relatives under BadgerCare Plus and
for childless adults currently covered under BadgerCare Plus Core, who are
incorporated into BadgerCare Plus in this bill. BadgerCare Plus and BadgerCare
Plus Core are programs under the state's Medical Assistance program, which
provides health services to individuals who have limited financial resources. The
federal Patient Protection and Affordable Care Act allows a state to receive an
enhanced federal medical assistance percentage payment for providing benefits to
certain individuals through a state's Medical Assistance program. The bill requires
DHS to comply with all federal requirements and to request any amendment to the
state Medical Assistance plan, waiver of Medicaid law, or other federal approval
necessary to qualify for the highest available enhanced federal medical assistance
percentage for childless adults under the BadgerCare Plus program.
Under current law, certain parents and caretaker relatives with incomes of not
more than 100 percent of the federal poverty line, before a 5 percent income disregard
is applied, are eligible for BadgerCare Plus benefits. Under current law, childless
adults who a) are under age 65; b) have family incomes that do not exceed 100 percent
of the federal poverty line, before a 5 percent income disregard is applied; and c) are
not otherwise eligible for Medical Assistance, including BadgerCare Plus, are
eligible for benefits under BadgerCare Plus Core. The bill eliminates the childless
adults demonstration project known as BadgerCare Plus Core.
2. Eliminating legislative oversight over Medicaid waivers
2017 Wisconsin Act 370 prohibits DHS from submitting a request to a federal
agency for a waiver or renewal, modification, withdrawal, suspension, or
termination of a waiver of federal law or rules or for authorization to implement a
pilot program or demonstration project unless legislation has been enacted
specifically directing the submission of the request. For any legislation that requires
submission of a request that has not yet been submitted, Act 370 requires DHS to
submit an implementation plan to JCF and submit its final proposed request to JCF
for approval. Act 370 requires DHS to take certain actions and submit monthly
progress reports to JCF once a request has been submitted to the federal agency.
When the federal agency has approved the request in whole or in part and the request
has not been fully implemented, Act 370 requires DHS to submit its final
implementation plan to JCF for approval. Act 370 allows JCF to reduce from moneys
allocated for state operations or administrative functions the agency's appropriation
or expenditure authority or change the authorized level of full-time equivalent
positions for the agency related to the program for which the request is required to
be submitted if JCF determines that the state agency has not made sufficient
progress or is not acting in accordance with the enacted legislation requiring the
submission of the request. This bill eliminates the requirement that legislation be
enacted in order for DHS to submit a request for a waiver or renewal, modification,
withdrawal, suspension, or termination of a waiver of federal law or rules or for
authorization to implement a pilot program or demonstration project. The bill also
eliminates the legislative review procedure for requests for waivers, pilot programs,
or demonstration projects required by Act 370.
3. Eliminating legislative oversight of Medicaid state plan amendments
2017 Wisconsin Act 370 requires DHS to submit to JCF under its passive review
process any proposed Medical Assistance state plan amendment and any proposed
change to a reimbursement rate for or supplemental payment to a Medical
Assistance provider that has an expected fiscal effect of $7,500,000 from all revenue
sources over a 12-month period. This bill eliminates this requirement to submit for
JCF review Medical Assistance state plan amendments, changes to reimbursement
rates, or supplemental payments.
4. Repealing implementation of childless adult demonstration waiver
2017 Wisconsin Act 370 requires by statute DHS to implement the BadgerCare
Reform waiver as it relates to childless adults as approved by the federal Department
of Health and Human Services effective October 31, 2018. The 2015-17 and 2017-19
biennial budget acts required DHS to submit a waiver request to the federal
Department of Health and Human Services authorizing DHS to take certain actions
including imposing premiums on, requiring a health risk assessment of, and
time-limiting eligibility for recipients of BadgerCare Plus under the childless adults
demonstration project waiver. Act 370 requires DHS to implement the childless
adults BadgerCare Reform waiver by no later than November 1, 2019. If JCF
determines that DHS has not complied with the implementation deadline, has not
made sufficient progress in implementing the BadgerCare Reform waiver, or has not
complied with other requirements relating to approved waiver implementation, Act
370 allows JCF to reduce from moneys allocated for state operations or
administrative functions DHS's appropriation or expenditure authority, whichever
is applicable, or change the authorized level of full-time equivalent positions for
DHS related to the Medical Assistance program. This bill eliminates the statutory
implementation requirement for the BadgerCare Reform waiver, including the
deadline and penalties, eliminates the statutory requirement for DHS to seek the
waiver, and allows DHS to modify or withdraw the waiver.
5. Post-partum eligibility
This bill requires DHS to seek approval from the federal Department of Health
and Human Services to extend to women who are eligible for Medical Assistance
when pregnant Medical Assistance benefits until the last day of the month in which
the 365th day after the last day of the pregnancy falls. Currently, post-partum
women are eligible for Medical Assistance benefits until the last day of the month in
which the 60th day after the last day of the pregnancy falls.
6. Medical Assistance reimbursement for doula services
This bill requires DHS to request any necessary federal approval to allow
Medical Assistance program reimbursement for doula services. Under current law,
DHS administers the Medical Assistance program, which is a joint federal and state
program that provides health services to individuals who have limited resources.
DHS is required to pay allowable charges to certified providers for Medical
Assistance on behalf of eligible recipients for certain federally mandated benefits
and other additional services. Subject to any required federal approval, the bill adds
doula services as one of the benefits covered under the Medical Assistance program
and establishes a pilot program to provide reimbursement for services provided for
pregnant women enrolled in the Medical Assistance program who reside in the
counties of Brown, Dane, Milwaukee, Rock, or Sheboygan, or another county as
determined by DHS. Under the bill, doula services include continuous emotional and
physical support during labor and birth of a child and intermittent services during
the prenatal and postpartum periods.
The bill also requires DHS to award in fiscal year 2019-20 grants totaling
$192,000 to public or private entities, American Indian tribes or tribal organizations,
or community-based organizations for community-based doulas. The recipients
must use the grants to identify and train local community workers to mentor
pregnant women.
7. Eliminating dental reimbursement pilot project
This bill discontinues the dental reimbursement pilot project that, under
current law, requires DHS to distribute moneys to increase Medical Assistance
reimbursement rates for pediatric dental care and adult emergency dental services
provided in Brown, Marathon, Polk, and Racine counties.
8. Critical access reimbursement payments to dental providers
This bill requires DHS to provide enhanced reimbursement payments under
the Medical Assistance program to dental providers who meet certain qualifications.
In order to qualify, a provider must meet quality of care standards established by
DHS. In addition, at least 50 percent of those individuals served by a nonprofit or
public provider must be without dental insurance or enrolled in the Medical
Assistance program for the provider to qualify for enhanced reimbursement and
for-profit providers must have at least 5 percent of patients enrolled in the Medical
Assistance program.
For services rendered by a qualified nonprofit critical access dental provider,
DHS must increase reimbursement by 50 percent above the reimbursement rate
otherwise paid to that provider. For services provided by a for-profit provider, DHS
must increase reimbursement by 30 percent above the reimbursement rate
otherwise paid to that provider. For providers serving individuals in managed care
under the Medical Assistance program, DHS must increase reimbursement to pay
an additional amount on the basis of the rate that would have been paid to the
provider had the individual not been enrolled in managed care. If a provider has
more than one service location, reimbursement is determined separately for each
location.
