AB 935

2015 Wisconsin Act 55

required the Department of Health Services to

promulgate rules to develop and implement a drug screening, testing, and treatment

policy, which DHS promulgated as Wis. Admin. Code ch. DHS 38.

2017 Wisconsin

Act 370

incorporated ch. DHS 38 into statutes, relating to drug screening, testing,

and treatment for recipients of the FoodShare employment and training program,

known as FSET. Current law requires DHS to require all able-bodied adults, with

some limited exceptions, who seek benefits from the FoodShare program to

participate in FSET unless they are already employed. Current law also requires

able-bodied adults without dependents to comply with certain work requirements,

and, if they do not comply or meet a specified exception, their eligibility for

FoodShare is limited to three months during a three-year period. DHS is currently

waiving, due to the coronavirus pandemic, the time limits on benefits for failing to

comply with the FoodShare work requirement, and the other requirements have not

yet been implemented. This bill requires DHS to enforce the work requirement on

able-bodied adults without dependents; the FSET requirement on able-bodied

adults; and the drug screening, testing, and treatment requirements. If necessary

to comply with this requirement, DHS must immediately withdraw any waiver or

suspension of the time limits on eligibility for FoodShare for not fulfilling the work

requirement.

Current law prohibits DHS from submitting a request to a federal agency for

a waiver or renewal, modification, withdrawal, suspension, or termination of a

waiver of federal law or rules or for authorization to implement a pilot program or

demonstration project unless legislation has been enacted specifically directing the

submission of the request. If legislation allows DHS to submit such a request,

current law specifies a procedure for that submission process that includes review

by the Joint Committee on Finance. The bill prohibits DHS from waiving the

requirements specified in the bill without either complying with the current law

process or, if the process is inapplicable, submitting the waiver proposal to JCF for

review under its passive review process.