Amendment AA2-ASA2-AB68

AB68-ASA2-AA2,231p Section 231p. 49.471 (6) (L) of the statutes is created to read:

AB68-ASA2-AA2,37,9 49.471 (6) (L) The department shall request from the federal department of health and human services approval of a state plan amendment, a waiver of federal Medicaid law, or approval of a demonstration project to maintain eligibility for postpartum women to the last day of the month in which the 365th day after the last day of the pregnancy falls under ss. 49.46 (1) (a) 1m. and 9. and (j), 49.47 (4) (ag) 2., and 49.471 (4) (a) 1g. and 1m., (6) (b), and (7) (b) 1. The department shall cover and provide reimbursement for services under ss. 49.46 (1) (a) 1m. and 9. and (j), 49.47 (4) (ag) 2., and 49.471 (4) (a) 1g. and 1m., (6) (b), and (7) (b) 1. regardless of whether a state plan amendment, waiver of federal Medicaid law, or approval of a demonstration project related to coverage or reimbursement of these services is granted by the federal department of human services.

AB68-ASA2-AA2,231t Section 231t. 49.471 (7) (b) 1. of the statutes is amended to read:

AB68-ASA2-AA2,37,21 49.471 (7) (b) 1. A pregnant woman whose family income exceeds 300 percent of the poverty line may become eligible for coverage under this section if the difference between the pregnant woman's family income and the applicable income limit under sub. (4) (a) is obligated or expended for any member of the pregnant woman's family for medical care or any other type of remedial care recognized under state law or for personal health insurance premiums or for both. Eligibility obtained under this subdivision continues without regard to any change in family income for the balance of the pregnancy and to the last day of the month in which the 60th 365th day after the last day of the woman's pregnancy falls. Eligibility obtained by a pregnant woman under this subdivision extends to all pregnant women in the pregnant woman's family.

AB68-ASA2-AA2,231w Section 231w. 49.686 (3) (d) of the statutes is amended to read:

AB68-ASA2-AA2,38,3 49.686 (3) (d) Has applied for coverage under and has been denied eligibility for medical assistance within 12 months prior to application for reimbursement under sub. (2). This paragraph does not apply to an individual who is eligible for benefits under the demonstration project for childless adults under s. 49.45 (23) or to an individual who is eligible for benefits under BadgerCare Plus under s. 49.471 (4) (a) 8. or (11).

AB68-ASA2-AA2,232d Section 232d. 49.79 (7r) (d) of the statutes is created to read:

AB68-ASA2-AA2,38,7 49.79 (7r) (d) The department may expend from the appropriation under s. 20.435 (4) (bt) no more than $425,000 per fiscal year for the pilot program under this subsection.

AB68-ASA2-AA2,232g Section 232g. 49.79 (9) (a) 1g. of the statutes is amended to read:

AB68-ASA2-AA2,38,17 49.79 (9) (a) 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 without dependents in this state to participate in the employment and training program under this subsection, except for able-bodied adults without dependents 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.

AB68-ASA2-AA2,232j Section 232j. 49.79 (9) (d) of the statutes is repealed.

AB68-ASA2-AA2,232L Section 232L. 49.79 (9) (f) of the statutes is repealed.

AB68-ASA2-AA2,232p Section 232p. 49.791 of the statutes is repealed.

AB68-ASA2-AA2,232v Section 232v. 51.035 of the statutes is created to read:

AB68-ASA2-AA2,39,2 51.035 Crisis response system; grants. (1) From the appropriation under s. 20.435 (5) (ch), the department shall award grants under this section to entities to provide a continuum of crisis response services, including mental health crisis urgent care and observation centers, crisis stabilization and inpatient psychiatric beds, and crisis stabilization facilities.

AB68-ASA2-AA2,39,5 (2) From the appropriation under s. 20.435 (5) (ch), the department shall award no more than 5 grants to fund services at facilities providing crisis stabilization services, based on criteria established by the department.

AB68-ASA2-AA2,232z Section 232z. 51.036 of the statutes is created to read:

AB68-ASA2-AA2,39,8 51.036 Crisis urgent care and observation centers. (1) In this section, “crisis” has the meaning given in s. 51.042 (1) (a).

AB68-ASA2-AA2,39,15 (2) The department may certify crisis urgent care and observation centers and may establish criteria by rule for the certification of crisis urgent care and observation centers. If the department establishes a certification process for crisis urgent care and observation centers, no person may operate a crisis urgent care and observation center without having a certification. The department may limit the number of certifications it grants to operate crisis urgent care and observation centers.”.

AB68-ASA2-AA2,39,16 90. Page 294, line 8: delete “$80,000" and substitute “$80,000 $100,000".

AB68-ASA2-AA2,39,17 91. Page 295, line 17: after that line insert:

AB68-ASA2-AA2,39,18 “ Section 238c. 51.44 (5) (bm) of the statutes is created to read:

AB68-ASA2-AA2,39,21 51.44 (5) (bm) Ensure that any child with a level of lead in his or her blood that is 5 or more micrograms per 100 milliliters of blood, as confirmed by one venous blood test, is eligible for services under the program under this section.

AB68-ASA2-AA2,238f Section 238f. 54.15 (8) (a) (intro.) of the statutes is amended to read:

AB68-ASA2-AA2,39,24 54.15 (8) (a) (intro.) At least 96 hours before the hearing under s. 54.44, the proposed guardian shall submit to the court a all of the following:

AB68-ASA2-AA2,40,1 1m. A sworn and notarized statement as to whether any of the following is true:

AB68-ASA2-AA2,238g Section 238g. 54.15 (8) (a) 1. to 4. of the statutes are renumbered 54.15 (8) (a) 1m. a. to d.

AB68-ASA2-AA2,238h Section 238h. 54.15 (8) (a) 2m. of the statutes is created to read:

AB68-ASA2-AA2,40,7 54.15 (8) (a) 2m. A sworn and notarized statement that the proposed guardian has completed the training requirements under s. 54.26 (1), unless exempted under s. 54.26 (2) (c), (d), or (e).

AB68-ASA2-AA2,238j Section 238j. 54.15 (8) (b) of the statutes is amended to read:

AB68-ASA2-AA2,40,12 54.15 (8) (b) If par. (a) 1., 2., 3., or 4. 1m. a., b., c., or d. applies to the proposed guardian, he or she shall include in the sworn and notarized statement a description of the circumstances surrounding the applicable event under par. (a) 1., 2., 3., or 4. 1m. a., b., c., or d.

AB68-ASA2-AA2,238m Section 238m. 54.26 of the statutes is created to read:

AB68-ASA2-AA2,40,16 54.26 Guardian training requirements. (1) Required training topics. (a) Every guardian of the person, unless exempted under sub. (2) (c), (d), or (e), shall complete training on all of the following topics:

AB68-ASA2-AA2,40,18 1. The duties and responsibilities of a guardian of the person under the law and limits of the guardian's decision-making authority.

AB68-ASA2-AA2,40,20 2. Alternatives to guardianship, including supported decision-making agreements and powers of attorney.

AB68-ASA2-AA2,40,21 3. Rights retained by a ward.

AB68-ASA2-AA2,40,24 4. Best practices for a guardian to solicit and understand the wishes and preferences of a ward, to involve a ward in decision making, and to take a ward's wishes and preferences into account in decisions made by the guardian.

AB68-ASA2-AA2,40,25 5. Restoration of a ward's rights and the process for removal of guardianship.

AB68-ASA2-AA2,41,2 6. Future planning and identification of a potential standby or successor guardian.

AB68-ASA2-AA2,41,3 7. Resources and technical support for guardians.

AB68-ASA2-AA2,41,5 (b) Every guardian of the estate shall complete training on all of the following topics:

AB68-ASA2-AA2,41,7 1. The duties and responsibilities of a guardian of the estate under the law and limits of the guardian's decision-making authority.

AB68-ASA2-AA2,41,8 2. Inventory and accounting requirements.

AB68-ASA2-AA2,41,11 (2) Initial training requirements. (a) Before the final hearing for a permanent guardianship, any person nominated for appointment or seeking appointment as a guardian of the person is required to receive the training required under sub. (1) (a).

AB68-ASA2-AA2,41,14 (b) Before the final hearing for permanent guardianship, any person nominated for appointment or seeking appointment as a guardian of the estate is required to receive at least the training required under sub. (1) (b).

AB68-ASA2-AA2,41,16 (c) A guardian under s. 54.15 (7) who is regulated by the department is exempt from pars. (a) and (b).

AB68-ASA2-AA2,41,18 (d) A volunteer guardian who has completed the training requirements under sub. (1) is exempt from pars. (a) and (b) with regard to subsequent wards.

AB68-ASA2-AA2,41,20 (e) A guardian of the person or a guardian of the estate, or both, for a minor under s. 54.10 (1) is exempt from pars. (a) and (b).

AB68-ASA2-AA2,238r Section 238r. 66.0137 (4) of the statutes is amended to read:

AB68-ASA2-AA2,42,3 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.729, 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.862, 632.867, 632.87 (4) to (6), 632.871, 632.885, 632.89, 632.895 (9) to (17), 632.896, and 767.513 (4).

AB68-ASA2-AA2,238t Section 238t. 66.0137 (4) of the statutes, as affected by 2021 Wisconsin Act .... (this act), section 238r, is amended to read:

AB68-ASA2-AA2,42,12 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.728, 632.729, 632.746 (1) and (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855, 632.862, 632.867, 632.87 (4) to (6), 632.871, 632.885, 632.89, 632.895 (9) (8) to (17), 632.896, and 767.513 (4).”.

AB68-ASA2-AA2,42,13 92. Page 301, line 13: after that line insert:

AB68-ASA2-AA2,42,14 “ Section 257m. 71.07 (8p) of the statutes is created to read:

AB68-ASA2-AA2,42,15 71.07 (8p) Family caregiver tax credit. (a) Definitions. In this subsection:

AB68-ASA2-AA2,42,17 1. “Claimant" means an individual who files a claim under this subsection for amounts paid for qualified expenses to benefit a qualified family member.

AB68-ASA2-AA2,42,18 2. “Physician” has the meaning given in s. 36.60 (1) (b).

AB68-ASA2-AA2,42,21 3. “Qualified expenses” means amounts paid by a claimant in the year to which the claim relates for items that relate directly to the care or support of a qualified family member, including the following:

AB68-ASA2-AA2,42,23 a. The improvement or alteration of the claimant's primary residence to enable or assist the qualified family member to be mobile, safe, or independent.

AB68-ASA2-AA2,43,2 b. The purchase or lease of equipment to enable or assist the qualified family member to carry out one or more activities of daily living.

AB68-ASA2-AA2,43,6 c. The acquisition of goods or services, or support, to assist the claimant in caring for the qualified family member, including employing a home care aide or personal care attendant, adult day care, specialized transportation, legal or financial services, or assistive care technology.

AB68-ASA2-AA2,43,8 4. “Qualified family member” means an individual to whom all of the following apply:

AB68-ASA2-AA2,43,10 a. The individual is at least 18 years of age during the taxable year to which the claim relates.

AB68-ASA2-AA2,43,12 b. The individual requires assistance with one or more daily living activities, as certified in writing by a physician.

AB68-ASA2-AA2,43,13 c. The individual is the claimant's family member, as defined in s. 46.2805 (6m).

AB68-ASA2-AA2,43,17 (b) Filing claims. For taxable years beginning after December 31, 2020, and subject to the limitations provided in this subsection, a claimant may claim as a credit against the tax imposed under s. 71.02, up to the amount of those taxes, 50 percent of the claimant's qualified expenses.

AB68-ASA2-AA2,43,25 (c) Limitations. 1. Subject to subds. 2. and 3., the maximum credit that may be claimed under this subsection each taxable year with regard to a particular qualified family member is $500 or, if a claimant is married and filing a separate return, $250. If more than one individual may file a claim under this subsection for a particular qualified family member, the maximum credit specified in this subdivision shall be apportioned among all eligible claimants based on the ratio of their qualified expenses to the total amount of all qualified expenses incurred on behalf of that particular qualified family member, as determined by the department.

AB68-ASA2-AA2,44,6 2. If the claimant is married and filing jointly and the couple's federal adjusted gross income in the taxable year exceeds $170,000, no credit may be claimed under this subsection. If the claimant is married and filing jointly and the couple's federal adjusted gross income in the taxable year exceeds $150,000, but does not exceed $170,000, the credit claimed under this subsection may not exceed the amount determined as follows:

AB68-ASA2-AA2,44,8 a. Determine the amount allowed under par. (b) without regard to this subdivision but with regard to subd. 1.

AB68-ASA2-AA2,44,9 b. Subtract $150,000 from the couple's federal adjusted gross income.

AB68-ASA2-AA2,44,10 c. Divide the amount determined under subd. 2. b. by $20,000.

AB68-ASA2-AA2,44,12 d. Multiple the amount determined under subd. 2. a. by the amount determined under subd. 2. c.

AB68-ASA2-AA2,44,14 e. Subtract the amount determined under subd. 2. d. from the amount determined under subd. 2. a.

AB68-ASA2-AA2,44,21 3. If the claimant files as a single individual or head of household, or is married and files separately, and the claimant's federal adjusted gross income in the taxable year exceeds $85,000, no credit may be claimed under this subsection. If the claimant files as a single individual or head of household, or is married and files separately, and the claimant's federal adjusted gross income in the taxable year exceeds $75,000, but does not exceed $85,000, the credit claimed under this subsection may not exceed the amount determined as follows:

AB68-ASA2-AA2,44,23 a. Determine the amount allowed under par. (b) without regard to this subdivision but with regard to subd. 1.

AB68-ASA2-AA2,44,24 b. Subtract $75,000 from the claimant's federal adjusted gross income.

AB68-ASA2-AA2,44,25 c. Divide the amount determined under subd. 3. b. by $10,000.

AB68-ASA2-AA2,45,2 d. Multiple the amount determined under subd. 3. a. by the amount determined under subd. 3. c.

AB68-ASA2-AA2,45,4 e. Subtract the amount determined under subd. 3. d. from the amount determined under subd. 3. a.

AB68-ASA2-AA2,45,6 4. No credit may be allowed under this subsection unless it is claimed within the period specified under s. 71.75 (2).

AB68-ASA2-AA2,45,8 5. No credit may be claimed under this subsection by nonresidents or part-year residents of this state.

AB68-ASA2-AA2,45,9 6. Qualified expenses may not include any of the following:

AB68-ASA2-AA2,45,10 a. General food, clothing, or transportation expenses.

AB68-ASA2-AA2,45,12 b. Ordinary household maintenance or repair expenses that are not directly related or necessary for the care of the qualified family member.

AB68-ASA2-AA2,45,13 c. Any amount that is paid or reimbursed by insurance or other means.

AB68-ASA2-AA2,45,16 7. No credit may be allowed under this subsection for a taxable year covering a period of less than 12 months, except for a taxable year closed by reason of the death of the taxpayer.

AB68-ASA2-AA2,45,18 (d) Administration. Subsection (9e) (d), to the extent that it applies to the credit under that subsection, applies to the credit under this subsection.”.

AB68-ASA2-AA2,45,19 93. Page 302, line 15: after that line insert:

AB68-ASA2-AA2,45,20 “ Section 259m. 71.10 (4) (hd) of the statutes is created to read: