1999 WISCONSIN ACT 103
An Act to repeal 46.036 (5m) (b) 3., 46.70 (3) and 46.717; to renumber 48.357 (5m) and 938.357 (5m); to renumber and amend 48.30 (6), 48.31 (7), 48.363 (1), 938.30 (6), 938.31 (7) and 938.363 (1); to consolidate, renumber and amend 46.70 (1) and (2); to amend 20.435 (3) (o), 20.435 (7) (o), 46.036 (5m) (b) 1., 46.036 (5m) (b) 2., 46.10 (1), 46.10 (14) (e) 1., 48.363 (1m), 48.363 (2), 48.57 (3m) (am) 5., 48.57 (3n) (am) 5., 49.45 (3) (e) 4., 50.035 (3) (a), 50.04 (6) (c), 50.04 (6) (d), 50.04 (6) (e), 50.053, 252.17 (3) (b), 252.17 (4) (a), 301.12 (1), 301.12 (14) (e) 1., 767.02 (1) (m), 767.30 (1), 767.305, 767.32 (1) (a), 767.32 (2r), 780.01 (5), 938.363 (1m) and 938.363 (2); and to create 48.30 (6) (c), 48.31 (7) (c), 48.355 (2) (b) 4m., 48.357 (5m) (b), 48.363 (1) (d), 48.75 (1g) (a) 5., 50.02 (2) (ag), 252.17 (4) (d), 252.17 (6) (c), 938.30 (6) (c), 938.31 (7) (c), 938.355 (2) (b) 4m., 938.357 (5m) (b) and 938.363 (1) (d) of the statutes; relating to: increasing the family income that an individual may have to be eligible for the medical leave premium subsidy program; changing the term "informal conference" to "case conference" for resolution of appeals of alleged violations by certain facilities; additional medical assistance payments to a hospital that qualifies as a disproportionate share hospital; the amounts of revenues in excess of allowable costs that may be retained by nonprofit providers of rate-based services under contracts with the department of health and family services or with certain county departments; requiring the presence of a manager or his or her agent at certain times in specifically classified community-based residential facilities; funding for fiscal year 1993-94 for pilot alcohol and other drug abuse treatment program for hearing-impaired individuals; funding for social services and mental hygiene services for American Indians; the provision of financial information by a parent of a child who is placed in substitute care; the licensing of foster homes; the conditions that must be met for a person to receive kinship care or long-term kinship care payments; and granting rule-making authority (suggested as remedial legislation by the department of health and family services).
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Law revision committee prefatory note: This bill is a remedial legislation proposal, requested by the department of health and family services and introduced by the law revision committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the various provisions of the bill, the law revision committee has determined that this bill makes minor substantive changes in the statutes, and that these changes are desirable as a matter of public policy.
This bill makes a number of minor substantive and remedial changes in statutes within the purview of the department of health and family services (DHFS). It includes:
1. Changing the eligibility level of family income for the medical leave premium subsidy program from 200% to 300% of the federal poverty line and permitting the DHFS by rule, to establish a schedule of the amount of the premium subsidy if the individual's family income exceeds 200% of the federal poverty line.
2. Changing references to the term "informal conference" to "case conference" for appeals of alleged violations by nursing homes, community-based residential facilities, adult family homes and residential care apartment complexes.
3. Providing for increased Medical Assistance reimbursement for hospitals that are paid retrospectively under the Medical Assistance program and that qualify under federal requirements as "disproportionate share" hospitals which serve a high proportion of Medical Assistance recipients or low-income persons.
4. Changing the basis for calculating limits on the amounts of revenues that may be retained by nonprofit providers of rate-based services under contract with the DHFS and county agencies.
5. Eliminating references to Class B community-based residential facilities in provisions that require the manager or his or her agent to be present in the facility and requires that DHFS define "Class A" and "Class C" community-based residential facilities by rule.
6. Repealing a provision relating to the distribution of alcohol and drug abuse treatment program funds in fiscal year 1993-94.
7. Eliminating references to funding for social services and mental hygiene services for American Indian tribes that were applicable only for fiscal years 1991-92 and 1993-94, eliminating procedural requirements relating to the funding and eliminating cross-references between provisions relating to that program and appropriation provisions relating to federal grants.
8. Providing that where a juvenile court has ordered the parent of a child or juvenile to provide a statement of income, assets, debts and living expenses to the court or orders a parent to provide such a statement to an agency that will provide a dispositional report to a juvenile court or that is responsible for implementing the dispositional order, the court must order the parent to provide such a statement to a county department of social services or the DHFS. The DHFS or agency must use the information in the statement to determine whether the DHFS or the department of corrections may claim reimbursement under certain programs for the costs of providing care to the child.
9. Permitting a public licensing agency to license a foster home located in another county upon the request of another licensing agency of the county in which the prospective foster home is located.
10. Changing kinship care laws to require the kinship care relative or long-term kinship care relative to cooperate with the county agency or DHFS, including applying for other forms of assistance for which a child in kinship care may be eligible.
103,1
Section
1. 20.435 (3) (o) of the statutes is amended to read:
20.435
(3) (o)
Community aids; prevention activities. All federal moneys received under
42 USC 300x-21 to
300x-35 in amounts pursuant to allocation plans developed by the department of health and family services for the provision or purchase of services authorized under sub. (7) (b)
and s. 46.70 for distribution under s. 46.40 (2m) (a) for prevention related activities.
103,2
Section
2. 20.435 (7) (o) of the statutes is amended to read:
20.435
(7) (o)
Federal aid; community aids. All federal moneys received in amounts pursuant to allocation plans developed by the department for the provision or purchase of services authorized under par. (b)
and s. 46.70; all federal moneys received as child welfare funds under
42 USC 620 to
626 as limited under s. 48.985; all moneys transferred under
1997 Wisconsin Act 237, section
9222 (3), from the appropriation account under par. (md); and all unanticipated federal social services block grant funds received under
42 USC 1397 to
1397e, in accordance with s. 46.49 (2), for distribution under s. 46.40. Disbursements from this appropriation may be made directly to counties for social and mental hygiene services under s. 46.03 (20) (b) or 46.031 or directly to counties in accordance with federal requirements for the disbursal of federal funds.
103,3
Section
3. 46.036 (5m) (b) 1. of the statutes is amended to read:
46.036 (5m) (b) 1. Subject to subds. 2. and 3. subd. 2., if revenue under a contract for the provision of a rate-based service exceeds allowable costs incurred in the contract period, the provider may retain from the surplus generated by that rate-based service up to 5% of the revenue received under the contract amount. A provider that retains a surplus under this subdivision shall use that retained surplus to cover a deficit between revenue and allowable costs incurred in any preceding or future contract period for the same rate-based service that generated the surplus or to address the programmatic needs of clients served by the same rate-based service that generated the surplus.
103,4
Section
4. 46.036 (5m) (b) 2. of the statutes is amended to read:
46.036 (5m) (b) 2. Subject to subd. 3., a A provider may accumulate funds from more than one contract period under this paragraph, except that, if at the end of a contract period the amount accumulated from all contract periods for a rate-based service exceeds 10% of the amount of revenue received under all current contracts for that rate-based service, the provider shall, at the request of a purchaser, return to that purchaser the purchaser's proportional share of that excess and use any of that excess that is not returned to a purchaser to reduce the provider's unit rate per client for that rate-based service in the next contract period. If a provider has held for 4 consecutive contract periods an accumulated reserve for a rate-based service that is equal to or exceeds 10% of the amount of revenue received under all current contracts for that rate-based service, the provider shall apply 50% of that accumulated amount to reducing its unit rate per client for that rate-based service in the next contract period.
103,5
Section
5. 46.036 (5m) (b) 3. of the statutes is repealed.
103,6
Section
6. 46.10 (1) of the statutes is amended to read:
46.10 (1) Liability and the collection and enforcement of such liability for the care, maintenance, services and supplies specified in this section is governed exclusively by this section, except in cases of child support ordered by a court under s. 48.355 (2) (b) 4., 48.357 (5m) (a) or 48.363 (2) or ch. 767.
103,7
Section
7. 46.10 (14) (e) 1. of the statutes is amended to read:
46.10 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m) (a) or 48.363 (2) for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108 and other money due or to be due in the future to the county department under s. 46.22 or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.
103,8
Section
8. 46.70 (1) and (2) of the statutes, as affected by
1999 Wisconsin Act 9, are consolidated, renumbered 46.70 and amended to read:
46.70 Delivery of services to American Indians. To facilitate the delivery of accessible, available and culturally appropriate social services and mental hygiene services to American Indians by county departments under s. 46.215, 46.22, 51.42 or 51.437, the department may fund federally recognized tribal governing bodies. (2) From the appropriations in this state from the appropriation under s. 20.435 (7) (kL) and (o), the department may make available to any of the 11 federally recognized tribal governing bodies in this state funds for the purposes stated in sub. (1). Beginning July 1, 1991, and ending September 30, 1991, the department may award to each tribal governing body up to $6,800. Beginning October 1, 1991, and ending September 30, 1992, the department may award to each tribal governing body up to $27,200. Beginning October 1, 1992, and ending June 30, 1993, the department may award to each tribal governing body up to $20,400. Receipt of funds is contingent upon department approval of an application submitted by a tribal governing body. The department may partially approve any application and provide only part of the funds requested. Each application shall contain a plan for expenditure of funds, consistent with the purposes stated in sub. (1).
103,9
Section
9. 46.70 (3) of the statutes is repealed.
103,10
Section
10. 46.717 of the statutes is repealed.
103,11
Section
11. 48.30 (6) of the statutes is renumbered 48.30 (6) (a) and amended to read:
48.30 (6) (a) If a petition is not contested, the court shall set a date for the dispositional hearing which allows reasonable time for the parties to prepare but is no more than 10 days after the plea hearing for a child who is held in secure custody and no more than 30 days after the plea hearing for a child or an expectant mother who is not held in secure custody. If all parties consent the court may proceed immediately with the dispositional hearing.
(b) If it appears to the court that disposition of the case may include placement of the child outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent the court may proceed immediately with the dispositional hearing.
103,12
Section
12. 48.30 (6) (c) of the statutes is created to read:
48.30
(6) (c) If the court orders the child's parent to provide a statement of income, assets, debts and living expenses to the court or if the court orders the child's parent to provide that statement to the designated agency under s. 48.33 (1) and that designated agency is not the county department or, in a county having a population of 500,000 or more, the department, the court shall also order the child's parent to provide that statement to the county department or, in a county having a population of 500,000 or more, the department at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The county department or, in a county having a population of 500,000 or more, the department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department or, in a county having a population of 500,000 or more, the department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under
42 USC 670 to
679a for the cost of providing care for the child.
103,13
Section
13. 48.31 (7) of the statutes is renumbered 48.31 (7) (a) and amended to read:
48.31 (7) (a) At the close of the fact-finding hearing, the court shall set a date for the dispositional hearing which allows a reasonable time for the parties to prepare but is no more than 10 days after the fact-finding hearing for a child in secure custody and no more than 30 days after the fact-finding hearing for a child or expectant mother who is not held in secure custody. If all parties consent, the court may immediately proceed with a dispositional hearing.
(b) If it appears to the court that disposition of the case may include placement of the child outside the child's home, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court or the designated agency under s. 48.33 (1) at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may immediately proceed with a dispositional hearing.
103,14
Section
14. 48.31 (7) (c) of the statutes is created to read:
48.31
(7) (c) If the court orders the child's parent to provide a statement of income, assets, debts and living expenses to the court or if the court orders the child's parent to provide that statement to the designated agency under s. 48.33 (1) and that designated agency is not the county department or, in a county having a population of 500,000 or more, the department, the court shall also order the child's parent to provide that statement to the county department or, in a county having a population of 500,000 or more, the department at least 5 days before the scheduled date of the dispositional hearing or as otherwise ordered by the court. The county department or, in a county having a population of 500,000 or more, the department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department or, in a county having a population of 500,000 or more, the department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under
42 USC 670 to
679a for the cost of providing care for the child.
103,15
Section
15. 48.355 (2) (b) 4m. of the statutes is created to read:
48.355
(2) (b) 4m. If the child is placed outside the home and if the child's parent has not already provided a statement of income, assets, debts and living expenses to the county department or, in a county having a population of 500,000 or more, the department under s. 48.30 (6) (b) or (c) or 48.31 (7) (b) or (c), an order for the parent to provide that statement to the county department or, in a county having a population of 500,000 or more, department by a date specified by the court. The county department or, in a county having a population of 500,000 or more, the department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department or, in a county having a population of 500,000 or more, the department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under
42 USC 670 to
679a for the cost of providing care for the child.
103,16
Section
16. 48.357 (5m) of the statutes is renumbered 48.357 (5m) (a).
103,17
Section
17. 48.357 (5m) (b) of the statutes is created to read:
48.357
(5m) (b) If the court orders the child's parent to provide a statement of income, assets, debts and living expenses to the court or if the court orders the child's parent to provide that statement to the person or agency primarily responsible for implementing the dispositional order and that person or agency is not the county department or, in a county having a population of 500,000 or more, the department, the court shall also order the child's parent to provide that statement to the county department or, in a county having a population of 500,000 or more, the department by a date specified by the court. The county department or, in a county having a population of 500,000 or more, the department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department or, in a county having a population of 500,000 or more, the department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under
42 USC 670 to
679a for the cost of providing care for the child.
103,18
Section
18. 48.363 (1) of the statutes is renumbered 48.363 (1) (a) and amended to read:
48.363 (1) (a) A child, the child's parent, guardian or legal custodian, an expectant mother, an unborn child by the unborn child's guardian ad litem, any person or agency bound by a dispositional order or the district attorney or corporation counsel in the county in which the dispositional order was entered may request a revision in the order that does not involve a change in placement, including a revision with respect to the amount of child support to be paid by a parent, or the court may on its own motion propose such a revision. The request or court proposal shall set forth in detail the nature of the proposed revision and what new information is available that affects the advisability of the court's disposition. The request or court proposal shall be submitted to the court. The court shall hold a hearing on the matter prior to any revision of the dispositional order if the request or court proposal indicates that new information is available which affects the advisability of the court's dispositional order and prior to any revision of the dispositional order, unless written waivers of objections to the revision are signed by all parties entitled to receive notice and the court approves.
(b) If a hearing is held, the court shall notify the child, the child's parent, guardian and legal custodian, all parties bound by the dispositional order, the child's foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2), the district attorney or corporation counsel in the county in which the dispositional order was entered, and, if the child is the expectant mother of an unborn child under s. 48.133, the unborn child by the unborn child's guardian ad litem; or shall notify the adult expectant mother, the unborn child through the unborn child's guardian ad litem, all parties bound by the dispositional order and the district attorney or corporation counsel in the county in which the dispositional order was entered, at least 3 days prior to the hearing. A copy of the request or proposal shall be attached to the notice. If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order.
(c) If the proposed revision is for a change in the amount of child support to be paid by a parent, the court shall order the child's parent to provide a statement of income, assets, debts and living expenses to the court and the person or agency primarily responsible for implementing the dispositional order by a date specified by the court. The clerk of court shall provide, without charge, to any parent ordered to provide a statement of income, assets, debts and living expenses a document setting forth the percentage standard established by the department of workforce development under s. 49.22 (9) and the manner of its application established by the department of health and family services under s. 46.247 and listing the factors that a court may consider under s. 46.10 (14) (c). If all parties consent, the court may proceed immediately with the hearing. No revision may extend the effective period of the original order.
103,19
Section
19. 48.363 (1) (d) of the statutes is created to read:
48.363
(1) (d) If the court orders the child's parent to provide a statement of income, assets, debts and living expenses to the court or if the court orders the child's parent to provide that statement to the person or agency primarily responsible for implementing the dispositional order and that person or agency is not the county department or, in a county having a population of 500,000 or more, the department, the court shall also order the child's parent to provide that statement to the county department or, in a county having a population of 500,000 or more, the department by a date specified by the court. The county department or, in a county having a population of 500,000 or more, the department shall provide, without charge, to the parent a form on which to provide that statement, and the parent shall provide that statement on that form. The county department or, in a county having a population of 500,000 or more, the department shall use the information provided in the statement to determine whether the department may claim federal foster care and adoption assistance reimbursement under
42 USC 670 to
679a for the cost of providing care for the child.
103,20
Section
20. 48.363 (1m) of the statutes is amended to read:
48.363 (1m) If a hearing is held under sub. (1) (a), any party may present evidence relevant to the issue of revision of the dispositional order. In addition, the court shall give a foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) of the child an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issue of revision. Any written or oral statement made under this subsection shall be made under oath or affirmation. A foster parent, treatment foster parent or other physical custodian described in s. 48.62 (2) who receives notice of a hearing under sub. (1) (a) and an opportunity to be heard under this subsection does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
103,21
Section
21. 48.363 (2) of the statutes is amended to read:
48.363 (2) If the court revises a dispositional order under sub. (1) with respect to the amount of child support to be paid by a parent for the care and maintenance of the parent's minor child who has been placed by a court order under this chapter in a residential, nonmedical facility, the court shall determine the liability of the parent in the manner provided in s. 46.10 (14).
103,22
Section
22. 48.57 (3m) (am) 5. of the statutes is amended to read:
48.57 (3m) (am) 5. The kinship care relative cooperates with the county department or department in the application process, including applying for other forms of assistance for which the kinship care relative child may be eligible.
103,23
Section
23. 48.57 (3n) (am) 5. of the statutes is amended to read:
48.57 (3n) (am) 5. The long-term kinship care relative cooperates with the county department or department in the application process, including applying for other forms of assistance for which the long-term kinship care relative child may be eligible.
103,24
Section
24. 48.75 (1g) (a) 5. of the statutes is created to read:
48.75 (1g) (a) 5. The public licensing agency of the county in which the prospective foster home is located requests the public licensing agency of another county to license the foster home.
103,25
Section
25. 49.45 (3) (e) 4. of the statutes is amended to read:
49.45
(3) (e) 4. If the department maintains a retrospective reimbursement system under subd. 1. for specific provided services or commodities, total reimbursement for allowable services, care or commodities provided recipients during the hospital's fiscal year may not exceed the lower of the hospital's charges for the services or the actual and reasonable allowable costs to the hospital of providing the services
, plus any disproportionate share funding that the hospital is qualified to receive under 42 USC 1396r-4.
103,26
Section
26. 50.02 (2) (ag) of the statutes is created to read:
50.02 (2) (ag) The department shall, by rule, define "Class A" and "Class C" community-based residential facilities for the purposes of s. 50.035 (3).
103,27
Section
27. 50.035 (3) (a) of the statutes is amended to read:
50.035 (3) (a) The person responsible for managing a Class C community-based residential facility, or that person's agent, shall be present in the facility at any time that residents are in the facility. The person responsible for managing a Class A or a Class B community-based residential facility, or that person's agent, shall be present in the facility from 7 p.m. to 7 a.m. when residents are in the facility and the person responsible for managing a Class B community-based residential facility, or that person's agent, shall be readily available to the residents of the facility from 7 a.m. to 7 p.m. In this subsection, "Class A, B and C community-based residential facilities" have the meanings provided in s. HSS 3.41 (1), Wis. adm. code.
103,28
Section
28. 50.04 (6) (c) of the statutes is amended to read:
50.04 (6) (c) Notice. Written notice of the decision to issue a conditional license shall be sent to the facility together with the proposed plan of correction. The notice shall inform the facility of its right to an informal
a case conference prior to issuance of the conditional license under par. (d) and of its right to a full hearing under par. (e).
103,29
Section
29. 50.04 (6) (d) of the statutes is amended to read:
50.04 (6) (d) Informal
Case conference. If the facility desires to have an informal a case conference it shall, within 4 working days of receipt of the notice under par. (c), send a written request for an informal a case conference to the department. The department shall, within 4 working days from the receipt of the request, hold an informal a case conference in the county in which the facility is located. Following this conference the department may affirm or overrule its previous decision, or modify the terms of the conditional license and plan of correction. The conditional license may be issued after the informal case conference, or after the time for requesting an informal a case conference has expired, prior to any further hearing.
103,30
Section
30. 50.04 (6) (e) of the statutes is amended to read:
50.04 (6) (e) Hearing. If after the
informal case conference the licensee desires to contest the basis for issuance of a conditional license, or the terms of the license or plan of correction, the licensee shall send a written request for hearing to the department within 4 working days after issuance of the conditional license. The department shall hold the hearing within 30 days of receipt of such notice and shall immediately notify the licensee of the date and location of the hearing.
103,31
Section
31. 50.053 of the statutes is amended to read:
50.053 Informal Case conference. The department may hold an informal a case conference with the parties to any contested action under this subchapter to resolve any or all issues prior to formal hearing. Unless any party to the contested case objects, the department may delay the commencement of the formal hearing in order to hold the informal case conference.
