AB 936 — Relating to: failure to accept employment to remain eligible for Medical Assistance.

-Date 2022of LEGISLATUREenactment: LRB-5788/2 TJD:amn&skw ASSEMBLY BILL 936 January 31, 2022 - Introduced by Representatives CALLAHAN, PENTERMAN , AUGUST, B RANDTJEN , ABRAL- GUEVARA , DITTRICH, UCHOW , EDMING , AMES , KITCHENS, K NODL , KUGLITSCH, KURTZ , MACCO , MAGNAFICI, M OSES, PETERSEN, SCHRAA , S NYDER, SORTWELL , TEFFEN , ITTL, USLER, VORPAGEL, WICHGERS , IMMERMAN and B ORN , cosponsored by Senators KAPENGA , ERNIER , ELZKOWSKI , EYEN , M ARKLEIN and S TROEBEL.

ReferredAssembly toBill Committee936 onDate Publicof Benefitpublication*: Reform.

WISCONSIN ACT A N A CT to create 49.49 (4r) of the statutes;

AnalysisThe bypeople of the Legislativestate Reference Bureau This bill adds to prohibited conduct related to Medical Assistance benefits knowingly failing to accept an offer of legal,Wisconsin, paidrepresented employmentin anddescribed knowingly failing to accept an increase in paids. work hours or wages to maintain eligibility for Medical Assistance benefits.

A49.471 person(1) who(b) works1. 40 hours per week does not violate the bill's requirement by refusing to accept work hours in excess of 40 hours per week.

The bill applies to any4., able-bodiedor adultlegal withoutguardian dependents who is between the ages of andsenate 65, not determined to be physically or mentally unfit for employment, not pregnant or within 6 months postpartum, not a full-time student, and notassembly, ado caregiverenact ofas afollows: child who is under the age of 13 or, if the child is disabled, under the age of 19.

An able-bodied adult without dependents who commits the conductchild. prohibited by the bill is ineligible for Medical Assistance benefits for six months following the Department of Health Services discovering the violation.

Current law may subject a person to a forfeiture of at least $100 but not more than $15,000 for each instance of the following conduct:

knowingly making or causing to be made any false statement or representation of a material fact used in determining rights to a Medical Assistance benefit or payment or in any application for a Medical Assistance benefit or payment or knowingly concealing or failing to disclose any event the person knows affects a right to a Medical Assistance benefit or payment.

Current law also applies criminal penalties to certain violations related - 2022 Legislature - 2 - LRB-5788/2 TJD:amn&skw ASSEMBLY BILL 936 to public assistance and Medical Assistance.

These forfeitures and criminal penalties do not apply to the conduct prohibited in the bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

49.49 (4r) of the statutes is created to (b) No able−bodied adult without dependents, in con- read:

49.49nection (4r)with Medical Assistance, may knowingly fail to 49.49(4r) P ROHIBITED CONDUCT;

NONACCEPTANCE OF accept an offer of legal, paid employment, an increase in EMPLOYMENT.

1.wages, or an increase in paid work hours to maintain eli- gibility for Medical Assistance benefits.

“Able-bodiedAn adultable−bodied without1. dependents” means an individual who is all of the following:

“Able−bodied adult without dependents” means adult without dependents who works at paid employment an individual who is all of the following:

At least 18 years of age but has not attained the age for 40 hours per week does not violate this paragraph by specified in 42 USC 426 (a) (1).

refusing work hours in excess of 40 hours per week.

Not determined by the department to be medically (c) An able−bodied adult without dependents who certified as physically or mentally unfit for employment, asviolates describedpar. in 7 CFR 273.24 (c) (2).

(b) is ineligible for Medical Assistance bene- as described in 7 CFR 273.24 (c) (2).

fits for 6 months following the date the department dis- covers the failure.

SECTION 2.Nonstatutory provisions.

Not a caregiver of a child who is under the age of 13(1) or,F ifEDERAL theAPPROVAL. child is disabled, as defined in s.

49.155If (1)the (aL),department isof underhealth or, if the agechild ofis 19.disabled, as defined in s.

49.155 (1) services determines that it is necessary to obtain permis- (aL), is under the age of 19 and not a caretaker for a sion from the federal department of health and human dependent who is disabled, as defined in s.

49.468 (1) (a) services to implement this act, the department shall request any state plan amendment, waiver of federal law, 1., or elderly, as defined in s.

49.468 (1) (a) 2.

Not a full-timefull−time student of a high school or an institutioninsti- ofor higherother education.federal approval to implement this act.

2.If federal tution of higher education.

“Caregiver”approval means an individual who is maintainingnecessary aunder residencethis assubsection abut child'snot home,2. who exercises primary responsibility for the child's care and control, including making plans for the child, and who is a parent, a relative described in s.

49.471“Caregiver” (1)means (b)an 1.individual who is maintain- obtained, the department of health services is not ing a residence as a child’s home, who exercises primary required to implement this act.

toresponsibility 4.,for orthe legalchild’s guardiancare ofand thecontrol, child.including (2) EFFECTIVE DATE OFDISENROLLMENT.

(b)If Noimplemen- able-bodiedmaking adultplans withoutfor dependents,the inchild, connectionand withwho Medicalis Assistance,a mayparent, knowinglya failrelative totation accept an offer of legal,s. paid employment, an increase in wages, or an increase in paid work hours to maintain eligibility for Medical Assistance benefits.

An49.49 able-bodied(4r) adult without dependents who works LRB-5788/2 - 2022 Legislature - 3 - TJD:amn&skw SECTION 1 ASSEMBLY BILL 936 at paid employment for 40 hours per week does not violatecomply thiswith paragraphsection by6008 refusing* workSection hours991.11,ISCONSINSTATUTE: in excess of 40 hours per week.

(c)Effective Andate able-bodiedof adultacts. without dependents who violates par.

(b)“Every isact ineligibleand forevery Medicalportion Assistanceof benefitsan foract 6enacted monthsby followingthe legislature over the governor’s partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.” Wisconsin Act − 2 − 2021 Assembly Bill 936 (b) of the departmentfederal discoversFamilies First Coronavirus Response than the failure.first day of the month beginning after the month Act, P.L.

S116−127, ECTIONto 20Nonstatutoryreceive provisions.the enhanced federal medi- in which the enhanced federal medical assistance per- cal assistance percentage, the department of health ser- centage described in section 6008 (a) of the federal Fami- vices shall implement s.

(1)49.49 FEDERAL(4r) APPROVAL.beginning no sooner lies First Coronavirus Response Act ends.