This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB31,16,2418 40.22 (2m) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), an
19employee who was a participating employee before July 1, 2011, who is not expected
20to work at least one-third of what is considered full-time employment by the
21department, as determined by rule, and who is not otherwise excluded under sub. (2)
22from becoming a participating employee shall become a participating employee if he
23or she is subsequently employed by the state agency or other participating employer
24for either of the following periods:
AB31,12 25Section 12 . 40.22 (2r) (intro.) of the statutes is amended to read:
AB31,17,7
140.22 (2r) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), an
2employee who was not a participating employee before July 1, 2011, who is not
3expected to work at least two-thirds of what is considered full-time employment by
4the department, as determined by rule, and who is not otherwise excluded under sub.
5(2) from becoming a participating employee shall become a participating employee
6if he or she is subsequently employed by the state agency or other participating
7employer for either of the following periods:
AB31,13 8Section 13 . 40.22 (3) (intro.) of the statutes is amended to read:
AB31,17,119 40.22 (3) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), a person
10who qualifies as a participating employee shall be included within, and shall be
11subject to, the Wisconsin retirement system effective on one of the following dates:
AB31,14 12Section 14 . 40.26 (1m) (a) of the statutes is amended to read:
AB31,17,1913 40.26 (1m) (a) Except as otherwise provided in sub. subs. (6) and (7), if a
14participant receiving a retirement annuity, or a disability annuitant who has
15attained his or her normal retirement date, is employed in a position in covered
16employment in which he or she is expected to work at least two-thirds of what is
17considered full-time employment by the department, as determined under s. 40.22
18(2r), the participant's annuity shall be suspended and no annuity payment shall be
19payable until after the participant terminates covered employment.
AB31,15 20Section 15 . 40.26 (1m) (b) of the statutes is amended to read:
AB31,18,321 40.26 (1m) (b) Except as otherwise provided in sub. subs. (6) and (7), if a
22participant receiving a retirement annuity, or a disability annuitant who has
23attained his or her normal retirement date, enters into a contract to provide
24employee services with a participating employer and he or she is expected to work
25at least two-thirds of what is considered full-time employment by the department,

1as determined under s. 40.22 (2r), the participant's annuity shall be suspended and
2no annuity payment shall be payable until after the participant no longer provides
3employee services under the contract.
AB31,16 4Section 16 . 40.26 (5m) of the statutes is amended to read:
AB31,18,115 40.26 (5m) During the public health emergency declared on March 12, 2020,
6by executive order 72, or during the period beginning on the effective date of this
7subsection .... [LRB inserts date], and ending on December 31, 2021,
sub. (5) does not
8apply if at least 15 days have elapsed between the termination of employment with
9a participating employer and becoming a participating employee if the position for
10which the participant is hired is a critical position, as determined by the secretary
11of health services under s. 323.19 (3).
AB31,17 12Section 17 . 40.26 (7) of the statutes is created to read:
AB31,18,1713 40.26 (7) (intro.) During the period beginning on the effective date of this
14subsection .... [LRB inserts date], and ending on December 31, 2021, a participant
15who is hired during the period may elect to not suspend his or her retirement annuity
16or disability annuity under sub. (1m) for the duration of the period if all of the
17following conditions are met:
AB31,18,2118 (a) At the time the participant terminates his or her employment with a
19participating employer, the participant does not have an agreement with any
20participating employer to return to employment or enter into a contract to provide
21employee services for the employer.
AB31,18,2322 (b) The participant is hired to a critical position, as determined under s. 323.19
23(3m).
AB31,18 24Section 18 . 40.51 (8) of the statutes is amended to read:
AB31,19,5
140.51 (8) Every health care coverage plan offered by the state under sub. (6)
2shall comply with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.729, 632.746
3(1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853,
4632.855, 632.867, 632.87 (3) to (6), 632.871, 632.885, 632.89, 632.895 (5m) and (8) to
5(17), and 632.896.
AB31,19 6Section 19 . 40.51 (8m) of the statutes is amended to read:
AB31,19,107 40.51 (8m) Every health care coverage plan offered by the group insurance
8board under sub. (7) shall comply with ss. 631.95, 632.729, 632.746 (1) to (8) and (10),
9632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.867,
10632.871, 632.885, 632.89, and 632.895 (11) to (17).
AB31,20 11Section 20 . 49.45 (2p) of the statutes is repealed.
AB31,21 12Section 21 . 49.45 (23) of the statutes is repealed.
AB31,22 13Section 22 . 49.45 (23b) (title) of the statutes is amended to read:
AB31,19,1514 49.45 (23b) (title) Childless adults demonstration project reform waiver
15implementation required.
AB31,23 16Section 23 . 49.45 (23b) (b) of the statutes is amended to read:
AB31,19,2017 49.45 (23b) (b) Beginning as soon as practicable after October 31, 2018, and
18ending no sooner than December 31, 2023, the department shall do all of the
19following with regard to the childless adults demonstration project under sub. (23)
20s. 49.471 (4) (a) 8.:
AB31,20,221 1. Require in each month persons, except exempt individuals, who are eligible
22to receive Medical Assistance under sub. (23) s. 49.471 (4) (a) 8. and who are at least
2319 years of age but have not attained the age of 50 to participate in, document, and
24report 80 hours per calendar month of community engagement activities. The

1department, after finding good cause, may grant a temporary exemption from the
2requirement under this subdivision upon request of a Medical Assistance recipient.
AB31,20,53 2. Require persons with incomes of at least 50 percent of the poverty line to pay
4premiums in accordance with par. (c) as a condition of eligibility for Medical
5Assistance under sub. (23) s. 49.471 (4) (a) 8.
AB31,20,76 3. Require as a condition of eligibility for Medical Assistance under sub. (23)
7s. 49.471 (4) (a) 8. completion of a health risk assessment.
AB31,20,108 4. Charge recipients of Medical Assistance under sub. (23) s. 49.471 (4) (a) 8.
9an $8 copayment for nonemergency use of the emergency department in accordance
10with 42 USC 1396o-1 (e) (1) and 42 CFR 447.54.
AB31,20,1511 5. Disenroll from Medical Assistance under sub. (23) s. 49.471 (4) (a) 8. for 6
12months any individual who does not pay a required premium under subd. 2. and any
13individual who is required under subd. 1. to participate in a community engagement
14activity but who does not participate for 48 aggregate months in the community
15engagement activity.
AB31,24 16Section 24 . 49.45 (23b) (c) of the statutes is amended to read:
AB31,20,2217 49.45 (23b) (c) 1. Persons who are eligible for the demonstration project under
18sub. (23) s. 49.471 (4) (a) 8. and who have monthly household income that exceeds
1950 percent of the poverty line shall pay a monthly premium amount of $8 per
20household. A person who is eligible to receive an item or service furnished by an
21Indian health care provider is exempt from the premium requirement under this
22subdivision.
AB31,21,323 2. The department may disenroll under par. (b) 5. a person for nonpayment of
24a required monthly premium only at annual eligibility redetermination after
25providing notice and reasonable opportunity for the person to pay. If a person who

1is disenrolled for nonpayment of premiums pays all owed premiums or becomes
2exempt from payment of premiums, he or she may reenroll in Medical Assistance
3under sub. (23) s. 49.471 (4) (a) 8.
AB31,21,74 3. The department shall reduce the amount of the required household premium
5by up to half for a recipient of Medical Assistance under sub. (23) s. 49.471 (4) (a) 8.
6who does not engage in certain behaviors that increase health risks or who attests
7to actively managing certain unhealthy behaviors.
AB31,25 8Section 25 . 49.45 (23b) (e) of the statutes is amended to read:
AB31,21,139 49.45 (23b) (e) Before December 31, 2023, the demonstration project
10requirements under this subsection may not be withdrawn and the department may
11not request from the federal government withdrawal, suspension, or termination of
12the demonstration project requirements under this subsection unless legislation has
13been enacted specifically allowing for the withdrawal, suspension, or termination.
AB31,26 14Section 26 . 49.471 (1) (cr) of the statutes is created to read:
AB31,21,1615 49.471 (1) (cr) “Enhanced federal medical assistance percentage" means a
16federal medical assistance percentage described under 42 USC 1396d (y) or (z).
AB31,27 17Section 27 . 49.471 (4) (a) 4. b. of the statutes is amended to read:
AB31,21,2018 49.471 (4) (a) 4. b. The individual's family income does not exceed 100 133
19percent of the poverty line before application of the 5 percent income disregard under
2042 CFR 435.603 (d)
.
AB31,28 21Section 28 . 49.471 (4) (a) 8. of the statutes is created to read:
AB31,21,2222 49.471 (4) (a) 8. An individual who meets all of the following criteria:
AB31,21,2323 a. The individual is an adult under the age of 65.
AB31,21,2524 b. The adult has a family income that does not exceed 133 percent of the poverty
25line, except as provided in sub. (4g).
AB31,22,2
1c. The adult is not otherwise eligible for the Medical Assistance program under
2this subchapter or the Medicare program under 42 USC 1395 et seq.
AB31,29 3Section 29 . 49.471 (4g) of the statutes is created to read:
AB31,22,134 49.471 (4g) Medicaid expansion; federal medical assistance percentage. For
5services provided to individuals described under sub. (4) (a) 8., the department shall
6comply with all federal requirements to qualify for the highest available enhanced
7federal medical assistance percentage. The department shall submit any
8amendment to the state medical assistance plan, request for a waiver of federal
9Medicaid law, or other approval request required by the federal government to
10provide services to the individuals described under sub. (4) (a) 8. and qualify for the
11highest available enhanced federal medical assistance percentage. Sections 20.940
12and 49.45 (2t) do not apply to a submission to the federal government under this
13subsection.
AB31,30 14Section 30 . 49.681 of the statutes is created to read:
AB31,22,16 1549.681 COVID-19 and other communicable disease aids for frontline
16health care workers.
(1) In this section:
AB31,22,1717 (a) “COVID-19” means an infection caused by the SARS-CoV-2 coronavirus.
AB31,22,1818 (b) “Frontline health care worker” has the meaning given in s. 16.34 (1).
AB31,22,25 19(2) From the appropriation under s. 20.435 (4) (bu), subject to sub. (3), the
20department shall pay, at a rate determined by the department under sub. (4), for
21testing for and any treatment that is medically necessary and reasonably related to
22COVID-19 or any other communicable disease or complications from COVID-19 or
23other communicable disease for frontline health care workers who have been
24diagnosed with or are a patient under investigation of having COVID-19 or any
25other communicable disease.
AB31,23,8
1(3) No payment may be made under this section unless the recipient has no
2other form of coverage available from the federal Medicare program, from private
3health, accident, sickness, medical, and hospital insurance coverage, from any other
4available state, federal, or other health care coverage program, or under any grant,
5contract, or other contractual arrangement. If at any time federal or private
6insurance aid, other health care coverage, or a grant, contract, or other contractual
7arrangement becomes available during the treatment period, state aid under this
8section shall be terminated.
AB31,23,18 9(4) Payment for services provided under this section shall be at a rate
10determined by the department that does not exceed the allowable charges under the
11federal Medicare program. In no case shall state rates for individual service
12elements exceed the federally defined allowable costs. The rate of charges for
13services not covered by public and private insurance shall not exceed the reasonable
14charges as established by Medicare fee determination procedures. A person that
15provides to a patient a service for which payment is provided under this section shall
16accept the amount paid under this section for the service as payment in full and may
17not bill the patient for any amount by which the charge for the service exceeds the
18amount paid for the service under this section.
AB31,23,20 19(5) The department may promulgate rules to establish a process for individuals
20to establish eligibility and apply for and receive benefits under this section.
AB31,31 21Section 31 . 49.686 (3) (d) of the statutes is amended to read:
AB31,24,222 49.686 (3) (d) Has applied for coverage under and has been denied eligibility
23for medical assistance within 12 months prior to application for reimbursement
24under sub. (2). This paragraph does not apply to an individual who is eligible for
25benefits under the demonstration project for childless adults under s. 49.45 (23)

1BadgerCare Plus under s. 49.471 (4) (a) 8. or to an individual who is eligible for
2benefits under BadgerCare Plus under s. 49.471 (11).
AB31,32 3Section 32 . 66.0137 (4) of the statutes is amended to read:
AB31,24,104 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or
5a village provides health care benefits under its home rule power, or if a town
6provides health care benefits, to its officers and employees on a self-insured basis,
7the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2),
8632.729, 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855,
9632.867, 632.87 (4) to (6), 632.871, 632.885, 632.89, 632.895 (9) to (17), 632.896, and
10767.513 (4).
AB31,33 11Section 33 . 73.03 (75) of the statutes is created to read:
AB31,24,1312 73.03 (75) To provide grants from the appropriation account under s. 20.835
13(2) (an) to small businesses in this state in the manner prescribed by the department.
AB31,34 14Section 34 . 93.485 of the statutes is created to read:
AB31,24,20 1593.485 Food security initiative. (1) The department shall award grants
16from the appropriation under s. 20.115 (3) (b) to nonprofit food banks, nonprofit food
17pantries, and other nonprofit organizations fighting food insecurity. The goals of this
18grant program are to assist in finding innovative and creative solutions to food
19supply and delivery challenges and to provide Wisconsin food products to hungry
20state residents that are food insecure.
AB31,24,22 21(2) The department shall make grants under this section for any of the
22following purposes:
AB31,24,2323 (a) Adapting to challenges posed by the COVID-19 public health crisis.
AB31,24,2424 (b) Purchasing Wisconsin food products to provide to state residents.
AB31,35 25Section 35 . 102.03 (7) of the statutes is created to read:
AB31,25,2
1102.03 (7) (a) In this subsection, “critical worker” means an employee whose
2position is determined to be critical under s. 323.19 (3p).
AB31,25,63 (b) For the purposes of benefits under this chapter, where an injury to a critical
4worker is found to be caused by COVID-19, during the period beginning on the
5effective date of this paragraph .... [LRB inserts date], and ending on December 31,
62021, the injury is presumed to be caused by the individual's employment.
AB31,25,87 (c) An injury claimed under par. (b) must be accompanied by a specific diagnosis
8of COVID-19 by a physician, or by a positive diagnostic test result for the disease.
AB31,25,119 (d) An injury claimed under par. (b) may be rebutted by specific evidence that
10the injury was caused by exposure to COVID-19 outside of the individual's work for
11the employer.
AB31,36 12Section 36 . 102.565 (6) of the statutes is amended to read:
AB31,25,1413 102.565 (6) This section does not apply to an employee whose claim of injury
14is presumed to be caused by employment under s. 102.03 (6) or (7).
AB31,37 15Section 37 . 103.025 (title) of the statutes is amended to read:
AB31,25,16 16103.025 (title) Hours of labor; compensatory time; hazard pay.
AB31,38 17Section 38 . 103.025 (1) (bm) of the statutes is created to read:
AB31,25,1918 103.025 (1) (bm) “Frontline health care worker” has the meaning given in s.
1916.34 (1).
AB31,39 20Section 39 . 103.025 (3) of the statutes is created to read:
AB31,26,221 103.025 (3) During a public health emergency declared by the governor under
22s. 323.10 or pursuant to an emergency order issued by the secretary of health services
23under s. 252.02, an employer shall pay frontline health care workers a hazard pay
24premium of 1.5 times the employee's hourly rate, or an additional $15 per hour,

1whichever is more. An employer may apply for a grant under s. 16.34 (2) (a) to pay
2the hazard pay premium.
AB31,40 3Section 40 . 103.10 (1) (c) of the statutes is amended to read:
AB31,26,94 103.10 (1) (c) Except as provided in sub. subs. (1m) (b) 3. and (4m) (a),
5“employer" means a person engaging in any activity, enterprise or business in this
6state employing at least 50 individuals on a permanent basis. “Employer" includes
7the state and any office, department, independent agency, authority, institution,
8association, society or other body in state government created or authorized to be
9created by the constitution or any law, including the legislature and the courts.
AB31,41 10Section 41 . 103.10 (1) (dm) of the statutes is created to read:
AB31,26,1211 103.10 (1) (dm) “Frontline health care worker” has the meaning given in s.
1216.34 (1).
AB31,42 13Section 42 . 103.10 (2) (c) of the statutes is amended to read:
AB31,26,1714 103.10 (2) (c) This Except as provided in sub. (4m), this section only applies to
15an employee who has been employed by the same employer for more than 52
16consecutive weeks and who worked for the employer for at least 1,000 hours during
17the preceding 52-week period.
AB31,43 18Section 43 . 103.10 (4m) of the statutes is created to read:
AB31,26,2419 103.10 (4m) Paid medical leave for frontline health care workers. (a) An
20employer that employs at least one employee shall provide at least 15 days of paid
21medical leave in addition to any leave provided under sub. (4) (a) to a frontline health
22care worker who is employed by the employer and who contracts a communicable
23disease. The employee does not need to meet the length of employment or
24hours-worked standard set forth in sub. (2) (c).
AB31,26,2525 (b) An employer may apply for a grant under s. 16.34 (3) (a).
AB31,44
1Section 44. 103.10 (5) (a) of the statutes is amended to read:
Loading...
Loading...