2003 Wisconsin Act 33

33,1280 Section 1280. 49.175 (1) (ze) 12. of the statutes is created to read:

49.175 (1) (ze) 12. `Milwaukee and statewide child welfare administration.' For the costs associated with the Milwaukee child welfare information system and the Wisconsin statewide automated child welfare information system, $1,695,700 in fiscal year 2003-04 and $1,741,300 in fiscal year 2004-05.

33,1281 Section 1281. 49.175 (1) (zf) of the statutes is repealed.

33,1282 Section 1282. 49.175 (1) (zg) of the statutes is repealed.

33,1283 Section 1283. 49.175 (1) (zh) of the statutes is amended to read:

49.175 (1) (zh) Taxable years 1999 and thereafter. For the transfer of moneys from the appropriation account under s. 20.445 (3) (md) to the appropriation account under s. 20.835 (2) (kf) for the earned income tax credit, $51,244,500 $57,892,000 in fiscal year 2001-02 2003-04 and $55,160,000 $59,532,000 in fiscal year 2002-03 2004-05.

33,1284 Section 1284. 49.175 (1) (zj) of the statutes is amended to read:

49.175 (1) (zj) Head start Start. For the transfer of moneys to the department of public instruction for head start Head Start agencies, $3,712,500 $3,500,000 in each fiscal year.

33,1285 Section 1285. 49.175 (1) (zk) of the statutes is repealed.

33,1286 Section 1286. 49.179 of the statutes is repealed.

33,1287 Section 1287. 49.19 (3) (b) of the statutes is amended to read:

49.19 (3) (b) If the county department under s. 46.215 or 46.22 finds a person eligible for aid under this section, that county department shall, on a form to be prescribed by the department, direct the payment of such aid by order upon the state treasurer secretary of administration. Payment of aid shall be made monthly, based on a calendar month or fiscal month as defined by the department; except that the director of the county department may, in his or her discretion for the purpose of protecting the public, direct that the monthly allowance be paid in accordance with sub. (5) (c).

33,1288 Section 1288. 49.19 (5) (d) of the statutes is amended to read:

49.19 (5) (d) The department shall reimburse the county for the funeral, burial, and cemetery expenses of a dependent child or the child's parents as provided in s. 49.30 49.785.

33,1289 Section 1289. 49.19 (14) (b) of the statutes is amended to read:

49.19 (14) (b) If the state treasurer secretary of administration is unable to issue a replacement check or draft requested under par. (a) because the original has been paid, the department shall promptly authorize the issuance of a replacement check or draft. If the state treasurer secretary of administration recovers the amount of the original check or draft that amount shall be returned to the department. If the state treasurer secretary of administration is unable to obtain recovery, the department may pursue recovery.

33,1294 Section 1294 . 49.22 (7m) of the statutes is amended to read:

49.22 (7m) The department may contract with or employ a collection agency or other person to enforce a support obligation of a parent who is delinquent in making support payments and may contract with or employ an attorney to appear in an action in state or federal court to enforce such an obligation. To pay for the department's administrative costs of implementing this subsection, the department may charge a fee to counties, retain up to 50% of any incentive payment made to this state under 42 USC 658 for a collection under this subsection, and retain use federal matching funds or funds retained by the department under s. 49.24 (2) (c), or use up to 30% of this state's share of a collection made under this subsection on behalf of a recipient of aid to families with dependent children or a recipient of kinship care payments under s. 48.57 (3m) or long-term kinship care payments under s. 48.57 (3n).

33,1296c Section 1296c. 49.24 (2) (b) of the statutes is repealed and recreated to read:

49.24 (2) (b) Subject to the incentive payments limit specified in par. (a), the department shall distribute to counties, in accordance with the formula established under par. (a), all of the following:

1. Of the amount of federal child support incentive payments awarded to the state for federal fiscal year 2002, the amount awarded if that amount is less than $12,340,000, or $12,340,000 plus 50% of the amount awarded that exceeds $12,340,000.

2. Of the amount of federal child support incentive payments awarded to the state for each federal fiscal year after federal fiscal year 2002, the amount awarded if that amount is less than $12,340,000, or $12,340,000 plus 30% of the amount awarded that exceeds $12,340,000.

3. All federal matching funds associated with the amounts distributed under subds. 1. and 2.

33,1296e Section 1296e. 49.24 (2) (c) of the statutes is created to read:

49.24 (2) (c) The department may retain 50% of the amount of federal child support incentive payments awarded to the state for federal fiscal year 2002 that exceeds $12,340,000, and may retain 70% of the amount of federal child support incentive payments awarded to the state for each federal fiscal year after federal fiscal year 2002 that exceeds $12,340,000, to be used to pay the costs of the department's activities under ss. 49.22 and 49.227 and costs related to receiving and disbursing support and support-related payments.

33,1296g Section 1296g. 49.24 (2) (d) of the statutes is created to read:

49.24 (2) (d) If the amount of federal child support incentive payments awarded to the state for a federal fiscal year is less than $12,340,000, the total of payments distributed to counties under par. (b) and sub. (1) for that federal fiscal year may not exceed $12,340,000.

33,1298 Section 1298. 49.24 (3) of the statutes is amended to read:

49.24 (3) A county that receives any state child support incentive payment under sub. (1) or any federal child support incentive payment under sub. (2) may use the funds only to pay costs under its child support program under s. 49.22.

33,1302 Section 1302. 49.30 of the statutes is renumbered 49.785, and 49.785 (2), as renumbered, is amended to read:

49.785 (2) From the appropriations under s. 20.445 (3) (dz) and (md) appropriation under s. 20.435 (4) (bn), the department shall reimburse a county or applicable tribal governing body or organization for any amount that the county or applicable tribal governing body or organization is required to pay under sub. (1). From the appropriations under s. 20.445 (3) (dz) and (md) appropriation under s. 20.435 (4) (bn), the department shall reimburse a county or applicable tribal governing body or organization for cemetery expenses or for funeral and burial expenses for persons described under sub. (1) that the county or applicable tribal governing body or organization is not required to pay under subs. (1) and (1m) only if the department approves the reimbursement due to unusual circumstances.

33,1303 Section 1303. 49.32 (2) (d) of the statutes is repealed.

33,1308 Section 1308. 49.33 of the statutes is renumbered 49.78, and 49.78 (1) (b), (2), (4), (7), (8) (a) and (10), as renumbered, are amended to read:

49.78 (1) (b) "Income maintenance program" means the medical assistance Medical Assistance program under subch. IV of ch. 49, the badger care Badger Care health care program under s. 49.665, or the food stamp program under 7 USC 2011 to 2036, or the cemetery, funeral, and burial expenses program under s. 49.785.

(2) Contracts. Annually, the department of health and family services shall contract with county departments under ss. 46.215, 46.22, and 46.23, and may contract with tribal governing bodies, to reimburse the county departments and tribal governing bodies for the reasonable cost of administering income maintenance programs.

(4) Rules; merit system. The department of workforce development shall promulgate rules for the efficient administration of aid to families with dependent children in agreement with the requirement for federal aid, including the establishment and maintenance of personnel standards on a merit basis. The provisions of this section relating to personnel standards on a merit basis supersede any inconsistent provisions of any law relating to county personnel. This subsection shall not be construed to invalidate the provisions of s. 46.22 (1) (d).

(7) County personnel systems. Pursuant to rules promulgated under sub. (4), the department of workforce development where requested by the county shall delegate to that county, without restriction because of enumeration, any or all of the department's department of workforce development's authority under sub. (4) to establish and maintain personnel standards including salary levels.

(8) (a) From the appropriation accounts under s. 20.435 (4) (bn) and (nn) and subject to par. (b), the department of health and family services shall reimburse each county and tribal governing body that contracts with the department under sub. (2) for reasonable costs of administering the income maintenance programs. The amount of each reimbursement paid under this paragraph shall be calculated using a formula based on workload within the limits of available state and federal funds under s. 20.435 (4) (bn) and (nn) by contract under s. 49.33 sub. (2). The amount of reimbursement calculated under this paragraph and par. (b) is in addition to any reimbursement provided to a county or tribal governing body for fraud and error reduction under s. 49.197 (1m) and (4).

(10) County certification. (a) Each county treasurer and director of a county department under s. 46.215, 46.22, or 46.23 and each tribal governing body shall certify monthly under oath to the department of health and family services in such manner as the department of health and family services prescribes the claim of the county for state reimbursement under sub. (8) (a). The department of health and family services shall review each claim of reimbursement and, if the department of health and family services approves the claim, the department of health and family services shall certify to the department of administration for reimbursement to the county for amounts due under sub. (8) (a) and payment claimed to be made to the counties monthly. The department of health and family services may make advance payments prior to the beginning of each month equal to one-twelfth of the contracted amount.

(b) To facilitate prompt reimbursement the certificate of the department of health and family services may be based on the certified statements of the county officers or tribal governing body executives filed under par. (a). Funds recovered from audit adjustments from a prior fiscal year may be included in subsequent certifications only to pay counties owed funds as a result of any audit adjustment. By September 30 annually, the department of health and family services shall submit a report to the appropriate standing committees under s. 13.172 (3) on funds recovered and paid out during the previous calendar year as a result of audit adjustments.

33,1310 Section 1310. 49.45 (2) (a) 3. of the statutes is amended to read:

49.45 (2) (a) 3. Determine the eligibility of persons for medical assistance, rehabilitative, and social services under ss. 49.46, 49.468, and 49.47 and rules and policies adopted by the department and shall may, under a contract under s. 49.33 49.78 (2), designate delegate all, or any portion, of this function to the county department under s. 46.215, 46.22, or 46.23 or a tribal governing body.

33,1311 Section 1311. 49.45 (2) (a) 17. of the statutes is amended to read:

49.45 (2) (a) 17. Notify the governor, the joint committee on legislative organization, the joint committee on finance and appropriate standing committees, as determined by the presiding officer of each house, if the appropriation accounts under s. 20.435 (4) (b) is and (gp) are insufficient to provide the state share of medical assistance.

33,1312n Section 1312n. 49.45 (2) (a) 26. of the statutes is created to read:

49.45 (2) (a) 26. For recipients of Medical Assistance who are eligible for the Supplemental Security Income Program under 42 USC 1382 to 1383f, who are not eligible under s. 49.468, who are not minors, and who are required to be enrolled in managed care plans, annually do all of the following:

a. Consult with advocacy groups and managed care organizations in determining the types of services required by the recipients, particularly those with problems related to mental illness or alcohol or other drug abuse; and in determining the capitation rates for managed care plan contracts, so as to ensure that the services required are available to the recipients.

b. Submit the proposed contracts for managed care plans for the recipients to the appropriate standing committees of the legislature for review before offering the contracts to managed care organizations for bidding.

33,1313 Section 1313. 49.45 (3) (a) of the statutes is amended to read:

49.45 (3) (a) Reimbursement shall be made to each county department under ss. 46.215, 46.22, and 46.23 for the any administrative services performed in the medical assistance Medical Assistance program on the basis of s. 49.33 49.78 (8). For purposes of reimbursement under this paragraph, assessments completed under s. 46.27 (6) (a) are administrative services performed in the medical assistance Medical Assistance program.

33,1314 Section 1314. 49.45 (3) (am) of the statutes is repealed.

33,1315 Section 1315. 49.45 (5) (b) 1. (intro.) of the statutes is amended to read:

49.45 (5) (b) 1. (intro.) Upon receipt of a timely petition under par. (a) the department shall give the applicant or recipient reasonable notice and opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or recipient and to the county clerk or, if a Wisconsin works agency, if a county department under s. 46.215, 46.22, or 46.23 is responsible for making the medical assistance determination, the Wisconsin works agency to the county clerk of the county. The county or the Wisconsin works agency may be represented at such hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient, to the county clerk, and to the any county officer or the Wisconsin works agency charged with administration of the medical assistance Medical Assistance program. The decision of the department shall have the same effect as an order of the a county officer or the Wisconsin works agency charged with the administration of the medical assistance Medical Assistance program. The decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for a hearing or shall refuse to grant relief if:

33,1316 Section 1316. 49.45 (5) (b) 2. (intro.) of the statutes is amended to read:

49.45 (5) (b) 2. (intro.) If a recipient requests a hearing within the timely notice period specified in 42 CFR 431.231 (c), medical assistance coverage shall not be suspended, reduced, or discontinued until a decision is rendered after the hearing but medical assistance payments made pending the hearing decision may be recovered by the department if the contested decision or failure to act is upheld. The department shall promptly notify the county department or, if a Wisconsin works agency If a county department is responsible for making the medical assistance determination, the Wisconsin works agency department shall notify the county department of the county in which the recipient resides that the recipient has requested a hearing. Medical assistance coverage shall be suspended, reduced, or discontinued if:

33,1318 Section 1318. 49.45 (5m) (am) of the statutes is amended to read:

49.45 (5m) (am) Notwithstanding sub. (3) (e), from the appropriations appropriation accounts under s. 20.435 (4) (b), (gp), (o), and (w), the department shall distribute not more than $2,256,000 in each fiscal year, to provide supplemental funds to rural hospitals that, as determined by the department, have high utilization of inpatient services by patients whose care is provided from governmental sources, and to provide supplemental funds to critical access hospitals, except that the department may not distribute funds to a rural hospital or to a critical access hospital to the extent that the distribution would exceed any limitation under 42 USC 1396b (i) (3).

33,1320 Section 1320. 49.45 (6b) of the statutes is amended to read:

49.45 (6b) Centers for the developmentally disabled. From the appropriation under s. 20.435 (2) (gk), the department may reimburse the cost of services provided by the centers for the developmentally disabled. Reimbursement to the centers for the developmentally disabled shall be reduced following each placement made under s. 46.275 that involves a relocation from a center for the developmentally disabled, by $200 per day, beginning in fiscal year 2001-02, and by $225 per day, beginning in fiscal year 2002-03, and by $325 per day, beginning in fiscal year 2004 -05 .

33,1321 Section 1321. 49.45 (6c) (a) 6m. of the statutes is created to read:

49.45 (6c) (a) 6m. "Intermediate facility" has the meaning given in s. 46.279 (1) (a).

33,1322 Section 1322. 49.45 (6c) (b) of the statutes is amended to read:

49.45 (6c) (b) Preadmission screening. Except as provided in par. (e), beginning on August 9, 1989, every individual who applies for admission to a facility or to an institution for mental diseases shall be screened to determine if the individual has developmental disability or mental illness. Beginning on August 9, 1989, the The department or an entity to which the department has delegated authority shall screen every individual who has been identified as having a developmental disability or mental illness to determine if the individual needs facility care. If the individual is determined to need facility care, the department or an entity to which the department has delegated authority shall also assess the individual to determine if he or she requires active treatment for developmental disability or active treatment for mental illness. If the department or entity determines that the individual requires active treatment for developmental disability, the department or entity shall determine whether the level of care required by the individual that is provided by a facility could be provided safely in an intermediate facility or under a plan that is developed under s. 46.279 (4).

33,1323 Section 1323. 49.45 (6c) (c) (intro.) of the statutes is amended to read:

49.45 (6c) (c) Resident review. (intro.) Except as provided in par. (e), the department or an entity to which the department has delegated authority shall review every resident of a facility or institution for mental diseases who has a developmental disability or mental illness and who has experienced a significant change in his or her physical or mental condition to determine if any all of the following applies:

33,1324 Section 1324. 49.45 (6c) (c) 1. of the statutes is amended to read:

49.45 (6c) (c) 1. The Whether the resident needs facility care.

33,1325 Section 1325. 49.45 (6c) (c) 2. of the statutes is amended to read:

49.45 (6c) (c) 2. The Whether the resident requires active treatment for developmental disability or active treatment for mental illness.

33,1326 Section 1326. 49.45 (6c) (c) 3. of the statutes is created to read:

49.45 (6c) (c) 3. If the department or entity determines under subd. 1. that the resident needs facility care and under subd. 2. that the resident requires active treatment for developmental disability, whether the level of care required by the resident that is provided by a facility could be provided safely in an intermediate facility or under a plan that is developed under s. 46.279 (4).

33,1327 Section 1327. 49.45 (6m) (a) 4. of the statutes is repealed.

33,1328 Section 1328. 49.45 (6m) (ag) (intro.) of the statutes is amended to read:

49.45 (6m) (ag) (intro.) Payment for care provided in a facility under this subsection made under s. 20.435 (4) (b), (gp), (pa), (o), (w), or (wm) shall, except as provided in pars. (bg), (bm), and (br), be determined according to a prospective payment system updated annually by the department. The payment system shall implement standards that are necessary and proper for providing patient care and that meet quality and safety standards established under subch. II of ch. 50 and ch. 150. The payment system shall reflect all of the following:

33,1329 Section 1329. 49.45 (6m) (ag) 2. of the statutes is amended to read:

49.45 (6m) (ag) 2. Standards Except as provided in subd. 3r., standards established by the department that shall be based upon allowable costs incurred by facilities in the state as available from information submitted under par. (c) 3. and compiled by the department.

33,1330 Section 1330. 49.45 (6m) (ag) 3m. of the statutes is amended to read:

49.45 (6m) (ag) 3m. For each state fiscal year 1999-2000, rates that shall be set by the department based on information from cost reports for the 1998 most recently completed fiscal year of the facility and for state fiscal year 2000-01, rates that shall be set by the department based on information from cost reports for the 1999 fiscal year of the facility.

33,1331 Section 1331 . 49.45 (6m) (ag) 3m. of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

49.45 (6m) (ag) 3m. For each state fiscal year, rates that shall be set by the department based on information from cost reports for costs specified under par. (am) 1. bm., 4., 5m., and 6. for the most recently completed fiscal year of the facility.

33,1332 Section 1332. 49.45 (6m) (ag) 3r. of the statutes is created to read:

49.45 (6m) (ag) 3r. Flat-rate payment, as determined by the department, for costs specified under par. (am) 1. a. and 2.

33,1333 Section 1333. 49.45 (6m) (ag) 3r. of the statutes, as created by 2003 Wisconsin Act .... (this act), is amended to read:

49.45 (6m) (ag) 3r. Flat-rate payment, as determined by the department, for all costs specified under par. (am) 1. a. and 2.

33,1333d Section 1333d. 49.45 (6m) (ag) 8. of the statutes is created to read:

49.45 (6m) (ag) 8. Maintenance of the identical proportion of payment for direct care costs, as specified in par. (am) 1., to total payment for all costs specified in par. (am) as that made in state fiscal year 2002-03.

33,1334 Section 1334. 49.45 (6m) (am) 1. a. of the statutes is amended to read:

49.45 (6m) (am) 1. a. Personal comfort supplies; medical supplies; over-the-counter drugs; and nonbillable services of a ward clerk, activity person, recreation person, social worker, volunteer coordinator, teacher for residents aged 22 and older, vocational counselor for residents aged 22 and older, religious person, therapy aide, therapy assistant, and counselor on resident living.

33,1335 Section 1335. 49.45 (6m) (am) 1. b. of the statutes is repealed.