Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB214 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 SENATE BILL 214
5	5	April 6, 2023 - Introduced by Senators NASS, KAPENGA, MARKLEIN and STROEBEL,
6	6	cosponsored by Representatives SORTWELL, BODDEN, BRANDTJEN, GREEN,
7	7	GUSTAFSON, MAGNAFICI, PENTERMAN and RETTINGER. Referred to Committee on
8	8	Government Operations, Elections and Consumer Protection.
9	9	AN ACT to create 49.462 and 49.79 (2m) of the statutes; relating to: creating an
10	10	ineligibility period in the Medical Assistance and FoodShare programs for
11	11	voluntary employment termination.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill creates an ineligibility period for the Medical Assistance and
14	14	FoodShare programs for certain employment terminations. The MA program,
15	15	known also as the federal Medicaid program, provides health care services to
16	16	individuals who have limited financial resources. The FoodShare program, also
17	17	known as the food stamp program or the federal Supplemental Nutrition Assistance
18	18	Program, provides financial assistance to individuals with limited financial
19	19	resources for the purchase of food.
20	20	Under the bill, an able-bodied adult who is not eligible for the MA program and
21	21	who voluntarily terminates legal, paid employment continues to be ineligible for the
22	22	MA program for six months from the date the able-bodied adult receives the last
23	23	paycheck from that employment. The bill establishes in the FoodShare program the
24	24	same six-month ineligibility period resulting from voluntary employment
25	25	termination by an able-bodied adult. The ineligibility period under the bill does not
26	26	apply if the Department of Health Services determines that the individual
27	27	terminated employment for one of the same reasons that a voluntary termination
28	28	does not create an ineligibility period for unemployment benefits. Those reasons
29	29	include voluntary termination for the following: termination in lieu of termination
30	30	of another employee; request, suggestion, or directive by the employer to violate the
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35	35	SENATE BILL 214
36	36	law; sexual harassment; illness or disability of the employee; illness or disability of
37	37	a family member that requires the care of a family member; change of work hours
38	38	leading to a lack of child care; termination of employment that the employee could
39	39	have refused to accept under current unemployment benefits law; termination that
40	40	was concurrent with honorable discharge from the U.S. armed forces; concerns about
41	41	personal safety or harassment accompanied by certain proof of the concerns; or
42	42	termination that was the result of the relocation of a spouse in the U.S. armed forces
43	43	on active duty.
44	44	Under the bill, an able-bodied adult who, while being ineligible for the MA or
45	45	FoodShare program, voluntarily terminates legal, paid employment, subsequently
46	46	accepts new legal, paid employment, and is then involuntarily terminated or laid off
47	47	is not ineligible for either program. Further, the bill specifies that any individual to
48	48	whom the bill applies continues to be eligible for any program or public service the
49	49	purpose of which is to train or prepare the individual for employment.
50	50	The bill requires DHS, which administers both the MA and FoodShare
51	51	programs, to seek approval from the federal government to implement these
52	52	ineligibility periods, if federal approval is required.
53	53	For further information see the state fiscal estimate, which will be printed as
54	54	an appendix to this bill.
55	55	The people of the state of Wisconsin, represented in senate and assembly, do
56	56	enact as follows:
57	57	SECTION 1. 49.462 of the statutes is created to read:
58	58	49.462 Ineligibility period for voluntary termination of employment.
59	59	(1) DEFINITION. In this section, “able-bodied adult” has the meaning given in s.
60	60	49.463 (1) (a).
61	61	(2) INELIGIBILITY PERIOD. An able-bodied adult who, while being ineligible for
62	62	Medical Assistance under this subchapter, voluntarily terminates legal, paid
63	63	employment is ineligible for Medical Assistance under this subchapter for 6 months
64	64	from the date that the able-bodied adult receives the last payment from the
65	65	terminated employment, except as provided in sub. (3). If the department
66	66	determines that the able-bodied adult terminated employment for one of the reasons
67	67	described in s. 108.04 (7) (am), (b), (c), (cg), (cm), (e), (q), (s), or (t), the 6-month
68	68	ineligibility period under this subsection does not apply.
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83	83	SECTION 1
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85	85	(3) INTERVENING WORK. An able-bodied adult who, while being ineligible for
86	86	Medical Assistance under this subchapter, voluntarily terminates legal, paid
87	87	employment, subsequently accepts new legal, paid employment, and is then
88	88	involuntarily terminated or laid off is not ineligible for Medical Assistance under this
89	89	subchapter.
90	90	(4) WORKFORCE SERVICES. Nothing in this section may be construed to prohibit
91	91	an able-bodied adult from participating in any program or receiving any public
92	92	service the purpose of which is to train or prepare the individual for employment.
93	93	(5) FEDERAL APPROVAL. If the department determines that it is necessary to
94	94	obtain permission from the federal department of health and human services to
95	95	implement this section, the department shall request any state plan amendment,
96	96	waiver of federal law, or other federal approval to implement this section. If federal
97	97	approval is necessary under this subsection but not obtained, the department is not
98	98	required to implement this section.
99	99	SECTION 2. 49.79 (2m) of the statutes is created to read:
100	100	49.79 (2m) INELIGIBILITY PERIOD; EMPLOYMENT TERMINATION. (a) An able-bodied
101	101	adult who, while being ineligible for the food stamp program, voluntarily terminates
102	102	legal, paid employment is ineligible for the food stamp program for 6 months from
103	103	the date that the able-bodied adult receives the last payment from the terminated
104	104	employment, except as provided in par. (b). If the department determines that the
105	105	able-bodied adult terminated employment for one of the reasons described in s.
106	106	108.04 (7) (am), (b), (c), (cg), (cm), (e), (q), (s), or (t), the 6-month ineligibility period
107	107	under this paragraph does not apply.
108	108	(b) An able-bodied adult who, while being ineligible for the food stamp
109	109	program, voluntarily terminates legal, paid employment, subsequently accepts new
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136	136	SECTION 2 SENATE BILL 214
137	137	legal, paid employment, and is then involuntarily terminated or laid off is not
138	138	ineligible for the food stamp program.
139	139	(c) Nothing in this subsection may be construed to prohibit an able-bodied
140	140	adult from participating in any program or receiving any service the purpose of
141	141	which is to train or prepare the individual for employment.
142	142	(d) If necessary, the department shall request a waiver from the U.S.
143	143	department of agriculture to implement this subsection. If the U.S. department of
144	144	agriculture disapproves the waiver request, the department is not required to
145	145	implement this subsection.
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