Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB101 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 101
5	5	March 8, 2023 - Introduced by Representatives SORTWELL, BODDEN, BRANDTJEN,
6	6	GREEN, GUSTAFSON, MAGNAFICI, PENTERMAN and RETTINGER, cosponsored by
7	7	Senators NASS, KAPENGA, MARKLEIN and STROEBEL. Referred to Committee on
8	8	Workforce Development and Economic Opportunities.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 49.462 and 49.79 (2m) of the statutes; relating to: creating an
11	11	ineligibility period in the Medical Assistance and FoodShare programs for
12	12	voluntary employment termination.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill creates an ineligibility period for the Medical Assistance and
15	15	FoodShare programs for certain employment terminations. The MA program,
16	16	known also as the federal Medicaid program, provides health care services to
17	17	individuals who have limited financial resources. The FoodShare program, also
18	18	known as the food stamp program or the federal Supplemental Nutrition Assistance
19	19	Program, provides financial assistance to individuals with limited financial
20	20	resources for the purchase of food.
21	21	Under the bill, an able-bodied adult who is not eligible for the MA program and
22	22	who voluntarily terminates legal, paid employment continues to be ineligible for the
23	23	MA program for six months from the date the able-bodied adult receives the last
24	24	paycheck from that employment. The bill establishes in the FoodShare program the
25	25	same six-month ineligibility period resulting from voluntary employment
26	26	termination by an able-bodied adult. The ineligibility period under the bill does not
27	27	apply if the Department of Health Services determines that the individual
28	28	terminated employment for one of the same reasons that a voluntary termination
29	29	does not create an ineligibility period for unemployment benefits. Those reasons
30	30	include voluntary termination for the following: termination in lieu of termination
31	31	of another employee; request, suggestion, or directive by the employer to violate the
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36	36	ASSEMBLY BILL 101
37	37	law; sexual harassment; illness or disability of the employee; illness or disability of
38	38	a family member that requires the care of a family member; change of work hours
39	39	leading to a lack of child care; termination of employment that the employee could
40	40	have refused to accept under current unemployment benefits law; termination that
41	41	was concurrent with honorable discharge from the U.S. armed forces; concerns about
42	42	personal safety or harassment accompanied by certain proof of the concerns; or
43	43	termination that was the result of the relocation of a spouse in the U.S. armed forces
44	44	on active duty.
45	45	Under the bill, an able-bodied adult who, while being ineligible for the MA or
46	46	FoodShare program, voluntarily terminates legal, paid employment, subsequently
47	47	accepts new legal, paid employment, and is then involuntarily terminated or laid off
48	48	is not ineligible for either program. Further, the bill specifies that any individual to
49	49	whom the bill applies continues to be eligible for any program or public service the
50	50	purpose of which is to train or prepare the individual for employment.
51	51	The bill requires DHS, which administers both the MA and FoodShare
52	52	programs, to seek approval from the federal government to implement these
53	53	ineligibility periods, if federal approval is required.
54	54	For further information see the state fiscal estimate, which will be printed as
55	55	an appendix to this bill.
56	56	The people of the state of Wisconsin, represented in senate and assembly, do
57	57	enact as follows:
58	58	SECTION 1. 49.462 of the statutes is created to read:
59	59	49.462 Ineligibility period for voluntary termination of employment.
60	60	(1) DEFINITION. In this section, “able-bodied adult” has the meaning given in s.
61	61	49.463 (1) (a).
62	62	(2) INELIGIBILITY PERIOD. An able-bodied adult who, while being ineligible for
63	63	Medical Assistance under this subchapter, voluntarily terminates legal, paid
64	64	employment is ineligible for Medical Assistance under this subchapter for 6 months
65	65	from the date that the able-bodied adult receives the last payment from the
66	66	terminated employment, except as provided in sub. (3). If the department
67	67	determines that the able-bodied adult terminated employment for one of the reasons
68	68	described in s. 108.04 (7) (am), (b), (c), (cg), (cm), (e), (q), (s), or (t), the 6-month
69	69	ineligibility period under this subsection does not apply.
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84	84	SECTION 1
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86	86	(3) INTERVENING WORK. An able-bodied adult who, while being ineligible for
87	87	Medical Assistance under this subchapter, voluntarily terminates legal, paid
88	88	employment, subsequently accepts new legal, paid employment, and is then
89	89	involuntarily terminated or laid off is not ineligible for Medical Assistance under this
90	90	subchapter.
91	91	(4) WORKFORCE SERVICES. Nothing in this section may be construed to prohibit
92	92	an able-bodied adult from participating in any program or receiving any public
93	93	service the purpose of which is to train or prepare the individual for employment.
94	94	(5) FEDERAL APPROVAL. If the department determines that it is necessary to
95	95	obtain permission from the federal department of health and human services to
96	96	implement this section, the department shall request any state plan amendment,
97	97	waiver of federal law, or other federal approval to implement this section. If federal
98	98	approval is necessary under this subsection but not obtained, the department is not
99	99	required to implement this section.
100	100	SECTION 2. 49.79 (2m) of the statutes is created to read:
101	101	49.79 (2m) INELIGIBILITY PERIOD; EMPLOYMENT TERMINATION. (a) An able-bodied
102	102	adult who, while being ineligible for the food stamp program, voluntarily terminates
103	103	legal, paid employment is ineligible for the food stamp program for 6 months from
104	104	the date that the able-bodied adult receives the last payment from the terminated
105	105	employment, except as provided in par. (b). If the department determines that the
106	106	able-bodied adult terminated employment for one of the reasons described in s.
107	107	108.04 (7) (am), (b), (c), (cg), (cm), (e), (q), (s), or (t), the 6-month ineligibility period
108	108	under this paragraph does not apply.
109	109	(b) An able-bodied adult who, while being ineligible for the food stamp
110	110	program, voluntarily terminates legal, paid employment, subsequently accepts new
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137	137	SECTION 2 ASSEMBLY BILL 101
138	138	legal, paid employment, and is then involuntarily terminated or laid off is not
139	139	ineligible for the food stamp program.
140	140	(c) Nothing in this subsection may be construed to prohibit an able-bodied
141	141	adult from participating in any program or receiving any service the purpose of
142	142	which is to train or prepare the individual for employment.
143	143	(d) If necessary, the department shall request a waiver from the U.S.
144	144	department of agriculture to implement this subsection. If the U.S. department of
145	145	agriculture disapproves the waiver request, the department is not required to
146	146	implement this subsection.
147	147	(END)
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