Amendment ASA1-AB40

AB40-ASA1,513,14 46.287 (2) (a) 1. k. Recovery of family care benefit payments under s. 46.286 (7).

AB40-ASA1,834h Section 834h. 46.2899 of the statutes is created to read:

AB40-ASA1,513,20 46.2899 Services for the intellectually disabled who receive post-secondary education. (1) Definition. In this section, "self-directed services option" means a program known as Include, Respect, I Self-direct or IRIS operated by the department under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c).

AB40-ASA1,514,2 (2) Waiver program. The department shall request a waiver from the federal centers for medicare and medicaid services in order to receive the federal medical assistance percentage for home-based and community-based services provided to individuals who are developmentally disabled and who received post-secondary education on the grounds of health care institutions. If the waiver is approved the department shall operate a waiver program to provide those services to no more than 100 individuals per month per year.

AB40-ASA1,514,11 (3) Eligibility. The department shall consider as eligible for the waiver program described under sub. (2) only individuals who are receiving post-secondary education in a setting that is distinguishable from the health care institution. The department shall set the financial eligibility requirements and functional eligibility requirements for the waiver program described under sub. (2) the same as the financial eligibility requirements and functional eligibility requirements for the self-directed services option except for the requirement to be an individual who is developmentally disabled and who is receiving post-secondary education on the grounds of a health care institution.

AB40-ASA1,514,16 (4) Services and benefits. The department shall provide the same services under the waiver program described in sub. (2) as it provides under the self-directed services option. The department shall determine the funding amount for a waiver program participant under this section based on what the individual would receive if enrolled in the self-directed services option.

AB40-ASA1,835 Section 835. 46.48 (30) (a) of the statutes is amended to read:

AB40-ASA1,515,2 46.48 (30) Substance abuse treatment grants. (a) From the appropriation account under s. 20.435 (7) (5) (bc), the department shall distribute grants on a competitive basis to county departments of social services and to private nonprofit organizations, as defined in s. 103.21 (2), for the provision of alcohol and other drug abuse treatment services in counties with a population of 500,000 or more. Grants distributed under this subsection may be used only to provide treatment for alcohol and other drug abuse to individuals who are eligible for federal temporary assistance for needy families under 42 USC 601 et. seq. and who have a family income of not more than 200% of the poverty line, as defined in s. 49.001 (5).

AB40-ASA1,836 Section 836. 46.48 (31) of the statutes is created to read:

AB40-ASA1,515,7 46.48 (31) Peer run respite centers. The department may distribute not more than $1,200,000 in each fiscal year, beginning in fiscal year 2014-15, to regional peer run respite centers for individuals with mental health and substance abuse concerns.

AB40-ASA1,837 Section 837. 46.52 of the statutes is amended to read:

AB40-ASA1,515,14 46.52 Systems change grants. From the appropriation under s. 20.435 (7) (5) (md), the department shall distribute funds to each grant recipient under this section so as to permit initial phasing in of recovery-oriented system changes, prevention and early intervention strategies, and consumer and family involvement for individuals with mental illness. At least 10% of the funds distributed shall be for children with mental illness.

AB40-ASA1,838 Section 838. 46.53 of the statutes is amended to read:

AB40-ASA1,515,21 46.53 Mental health treatment provider training. From the appropriation under s. 20.435 (7) (5) (md), the department may not distribute more than $182,000 in each fiscal year to provide training for mental health treatment professionals on new mental health treatment approaches in working with special populations, including seriously mentally ill individuals and children with serious emotional disturbances, and on the use of new mental health treatment medications.

AB40-ASA1,839 Section 839. 46.54 of the statutes is amended to read:

AB40-ASA1,516,3 46.54 Consumer and family self-help and peer-support programs. From the appropriation under s. 20.435 (7) (5) (md), the department shall distribute $874,000 in each fiscal year to increase support for mental health family support projects, employment projects operated by consumers of mental health services, mental health crisis intervention and drop-in projects, and public mental health information activities.

AB40-ASA1,840 Section 840. 46.55 (3m) of the statutes is amended to read:

AB40-ASA1,516,7 46.55 (3m) Within the limits of available funding under s. 20.435 (7) (5) (mb), the department shall award grants under this section in a total amount for all grants of not more than $250,000 in each fiscal year.

AB40-ASA1,841 Section 841. 46.56 (1) (hm) of the statutes is created to read:

AB40-ASA1,516,10 46.56 (1) (hm) "Multi-entity initiative" means an initiative including more than one county or tribe that is established under sub. (2) (b).

AB40-ASA1,842 Section 842. 46.56 (2) of the statutes is renumbered 46.56 (2) (a) and amended to read:

AB40-ASA1,516,18 46.56 (2) (a) If Except as provided in par. (b), if a county board of supervisors establishes an initiative under s. 59.53 (7) or if a tribe establishes an initiative, the county board or tribe shall appoint a coordinating committee and designate an administering agency. The initiative may be funded by the county or tribe or the county board of supervisors or tribe may apply for funding by the state in accordance with sub. (15).

AB40-ASA1,843 Section 843. 46.56 (2) (b) of the statutes is created to read:

AB40-ASA1,517,3 46.56 (2) (b) A county may enter into an agreement with one or more other counties or tribes to establish an initiative and a tribe may enter into an agreement with one or more counties or tribes to establish an initiative. The parties to the agreement shall designate in the agreement a single lead administrative county or lead administrative tribe. The county board of the lead administrative county or the lead administrative tribe shall appoint a coordinating committee and designate an administering agency. The initiative may be funded by the participating entities, or the county board of supervisors of the lead administrative county or the lead administrative tribe may apply for funding by the state in accordance with sub. (15).

AB40-ASA1,844 Section 844. 46.56 (3) (bm) of the statutes is created to read:

AB40-ASA1,517,9 46.56 (3) (bm) 1. The coordinating committee of a multi-entity initiative shall include representatives described under par. (a) 1. to 7. who are from any county or tribe included in the multi-entity initiative, except that, of the representatives described under par. (a) 1. to 7., the committee shall include at least one representative from each county or tribe included in the initiative.

AB40-ASA1,517,12 2. For purposes of a coordinating committee appointed for a multi-entity initiative, a representative under par. (b) 1., 2., 4., 5., 6., 7., and 11. may be from any county or tribe included in the multi-entity initiative.

AB40-ASA1,845 Section 845. 46.56 (3) (d) 6. of the statutes is amended to read:

AB40-ASA1,517,16 46.56 (3) (d) 6. If a county or tribe or a multi-entity initiative applies for funding under sub. (15), assist the administering agency in developing the application required under sub. (15) (b).

AB40-ASA1,846 Section 846. 46.56 (3) (d) 14. of the statutes is amended to read:

AB40-ASA1,517,21 46.56 (3) (d) 14. Establish target groups of children who are involved in 2 or more systems of care and their families to be served by the initiative. For a county or tribe or a multi-entity initiative that applies for funding under sub. (15), severely emotionally disturbed children are required to be a priority target group.

AB40-ASA1,847 Section 847. 46.56 (3) (f) of the statutes is created to read:

AB40-ASA1,517,25 46.56 (3) (f) This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40-ASA1,848 Section 848. 46.56 (4) (intro.) of the statutes is amended to read:

AB40-ASA1,518,5 46.56 (4) Role of administering agency. (intro.) The Except when otherwise provided in requirements established by the department under sub. (14) (e) that apply with respect to multi-entity initiatives, the administering agency designated under sub. (2) shall do all of the following:

AB40-ASA1,849 Section 849. 46.56 (4) (d) of the statutes is amended to read:

AB40-ASA1,518,9 46.56 (4) (d) If the county board of supervisors or tribe or a multi-entity initiative decides to seek state funding under sub. (15), develop the application in cooperation with the coordinating committee.

AB40-ASA1,850 Section 850. 46.56 (5) (intro.) of the statutes is amended to read:

AB40-ASA1,518,14 46.56 (5) Interagency agreement. (intro.) An Except when otherwise provided in requirements established by the department under sub. (14) (e) that apply with respect to multi-entity initiatives, an interagency agreement shall include all of the following:

AB40-ASA1,851 Section 851. 46.56 (6) (cr) of the statutes is renumbered 46.56 (6) (cr) 1. and amended to read:

AB40-ASA1,518,19 46.56 (6) (cr) 1. Every Except as provided in subd. 2., every county and tribe that operates any initiative shall develop written policies and procedures specifying the selection process for the initiative coordinator.

AB40-ASA1,852 Section 852. 46.56 (6) (cr) 2. of the statutes is created to read:

AB40-ASA1,518,23 46.56 (6) (cr) 2. For a multi-entity initiative, the lead administrative county or the lead administrative tribe shall develop the written policies and procedures under subd. 1. specifying the selection process for the initiative coordinator.

AB40-ASA1,853 Section 853. 46.56 (6) (e) of the statutes is created to read:

AB40-ASA1,519,3 46.56 (6) (e) This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40-ASA1,854 Section 854. 46.56 (7) (intro.) of the statutes is amended to read:

AB40-ASA1,519,13 46.56 (7) Eligibility of children and families. (intro.) Children Except when otherwise provided in requirements established by the department under sub. (14) (e) that apply with respect to multi-entity initiatives, children who are involved in 2 of or more systems of care and their families shall be eligible for the initiative, except that the coordinating committee may establish specific additional criteria for eligibility for services and may establish certain target groups of children who are involved in 2 or more systems of care to receive services. If target groups are established, only children falling within the target groups may be enrolled in the initiative. Any eligibility criteria shall meet all of the following conditions:

AB40-ASA1,855 Section 855. 46.56 (8) (t) of the statutes is created to read:

AB40-ASA1,519,17 46.56 (8) (t) This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40-ASA1,856 Section 856. 46.56 (9) to (13) of the statutes are amended to read:

AB40-ASA1,520,2 46.56 (9) Immediate care. Individual county departments, tribal agencies, other agencies, and other service providers shall provide immediate services and other resources as necessary and appropriate to children who are involved in 2 or more systems of care and their families who have been referred for an evaluation of eligibility for and appropriateness of enrollment in the initiative while assessment and planning take place. This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40-ASA1,520,9 (10) Relation to other support programs. In any county or for a tribe that has a family support program under s. 46.985 or other support programs, including comprehensive community services or office of justice assistance department of justice or department of corrections programs, the initiative shall coordinate its activities with the support programs. This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40-ASA1,520,17 (11) Conflict management. The department, administering agency, service coordination agencies, and service coordinators shall establish and use informal means for conflict management, including consultation, mediation, and independent assessment, whenever possible. A formal conflict management policy shall be established in writing by the coordinating committee for use by families, providers, and other individuals involved in the initiative. This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40-ASA1,521,2 (12) Administrative appeals. Decisions by the service coordination agency regarding eligibility, enrollment, denial, termination, reduction, or appropriateness of services and decisions by the individuals designated by the coordinating committee regarding eligibility, enrollment, or denial may be appealed to the coordinating committee by a child who is a service applicant or recipient or by the parent or guardian or guardian ad litem of the applicant or recipient. Decisions of the coordinating committee may be appealed to the department under ch. 227. This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40-ASA1,521,9 (13) Review of actions by individual agencies. Nothing in this section shall limit, modify, or expand the rights, remedies, or procedures established in federal statutes or regulations or state statutes or rules for individuals or families receiving services provided by individual organizations that are participating in the coordinated services plan of care. This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40-ASA1,857 Section 857. 46.56 (14) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,521,13 46.56 (14) (b) (intro.) The department shall provide, either directly or through purchase of services, the following support services to the counties and tribes that elect to participate in the initiative and to multi-entity initiatives:

AB40-ASA1,858 Section 858. 46.56 (14) (d) of the statutes is amended to read:

AB40-ASA1,521,22 46.56 (14) (d) Notwithstanding eligibility requirements for enrollment in the initiative, if the state is funding the initiative in a particular county or for a tribe or is funding a multi-entity initiative under sub. (15), the department may permit the county or, tribe, or multi-entity initiative to serve under this section any individual who has a severe disability and who has not attained 22 years of age, and his or her family, if the individual's mental, physical, sensory, behavioral, emotional, or developmental disability or whose combination of multiple disabilities meets the requirements specified in sub. (1) (om) 1. to 4.

AB40-ASA1,859 Section 859. 46.56 (14) (e) of the statutes is created to read:

AB40-ASA1,522,3 46.56 (14) (e) The department may establish additional requirements to apply with respect to multi-entity initiatives, including requirements that conflict with any requirements in subs. (3) to (13).

AB40-ASA1,860 Section 860. 46.56 (15) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,522,8 46.56 (15) (b) (intro.) In order to apply for funds under this subsection, the county board of supervisors or tribe or, for a multi-entity initiative, the county board of the lead administrative county or the lead administrative tribe shall do all of the following:

AB40-ASA1,861 Section 861. 46.56 (15) (b) 4. of the statutes is amended to read:

AB40-ASA1,522,14 46.56 (15) (b) 4. Submit a description of the existing services and other resources in the county or tribe or in the area or areas served by a multi-entity initiative for children who are involved in 2 or more systems of care, an assessment of any gaps in services, and a plan for using the funds received under this subsection or funds from other sources to develop or expand the initiative.

AB40-ASA1,862 Section 862. 46.56 (15) (c) of the statutes is amended to read:

AB40-ASA1,522,20 46.56 (15) (c) In order for a county or tribe or a multi-entity initiative to obtain funds under this subsection, all of the participating agencies and organizations shall provide matching funds that, in total, equal 20% of the requested funding. The match may be cash or in-kind. The department shall determine what may be used as in-kind match.

AB40-ASA1,863 Section 863. 46.56 (15) (d) of the statutes is amended to read:

AB40-ASA1,522,25 46.56 (15) (d) In order to apply for funding, a county or tribe or a multi-entity initiative shall have a coordinating committee that meets the requirements under sub. (3) (a) and (b), and, if applicable, sub. (3) (bm) that will carry out the responsibilities under sub. (3) (d).

AB40-ASA1,864 Section 864. 46.86 (1) of the statutes is amended to read:

AB40-ASA1,523,16 46.86 (1) From the appropriation under s. 20.435 (7) (5) (md) the department may award not more than $125,500 in each fiscal year as grants to counties and private nonprofit entities for treatment for pregnant women and mothers with alcohol and other drug abuse treatment needs; mothers who have alcohol and other drug abuse treatment needs and dependent children up to the age of 5 years; and the dependent children up to the age of 5 years of those mothers. The grants shall be awarded in accordance with the department's request-for-proposal procedures. The grants shall be used to establish community-based programs, residential family-centered treatment programs or home-based treatment programs. The program under a grant must include alcohol and other drug abuse treatment services, parent education, support services for the children of the women who are enrolled in the program, vocational assistance and housing assistance. Any program funded under this subsection must also provide follow-up aftercare services to each woman and her children for at least 2 years after the date on which a woman has left the program.

AB40-ASA1,865 Section 865. 46.86 (2m) (b) of the statutes is amended to read:

AB40-ASA1,523,22 46.86 (2m) (b) From the appropriation under s. 20.435 (7) (5) (md), the department shall distribute not more than $79,500 in each fiscal year for residential long-term treatment for alcohol and other drug abuse, including treatment with respect to family relationships, antisocial behavior and employability, in a treatment facility, as defined in s. 51.01 (19), in a 1st class city.

AB40-ASA1,866 Section 866. 46.86 (3m) of the statutes is amended to read:

AB40-ASA1,524,8 46.86 (3m) From the appropriation under s. 20.435 (7) (5) (md), the department may not distribute more than $900,000 in each fiscal year to fund a multidisciplinary prevention and treatment team in Milwaukee County for cocaine-abusing women and their children. The multidisciplinary prevention and treatment team must coordinate its activities with other prevention and treatment programs in Milwaukee County for cocaine-abusing women and their children. Residents from other counties may be served by the multidisciplinary prevention and treatment team. The department may carry forward funds distributed under this subsection, but not encumbered by December 31, for distribution for the purpose under this subsection in the following calendar year.

AB40-ASA1,867 Section 867. 46.86 (5) of the statutes is amended to read:

AB40-ASA1,524,14 46.86 (5) From the appropriation under s. 20.435 (7) (5) (md), the department may not distribute more than $235,000 in each fiscal year as a grant to ARC Community Services, Inc., for women and children in Dane County, to provide funding for staff of the center and transportation and meal expenses for chemically dependent women who receive services from the center.

AB40-ASA1,868 Section 868. 46.86 (6) (a) (intro.) of the statutes is amended to read:

AB40-ASA1,524,21 46.86 (6) (a) (intro.) From the appropriation account under s. 20.435 (7) (5) (md), the department may award up to $1,330,800 in each fiscal year, and from the appropriation account under s. 20.435 (5) (gb), the department may award not more than $319,500 in each fiscal year, as grants to counties and private entities to provide community-based alcohol and other drug abuse treatment programs that do all of the following:

AB40-ASA1,869 Section 869. 46.90 (5m) (br) 5g. of the statutes is created to read:

AB40-ASA1,524,25 46.90 (5m) (br) 5g. Refer the case to the department of financial institutions if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to be registered under s. 202.13 or 202.14.

AB40-ASA1,870 Section 870. 46.96 (2) of the statutes is amended to read:

AB40-ASA1,525,4 46.96 (2) The department shall make grants from the appropriations under s. 20.435 (7) (c) or (kc) to independent living centers for nonresidential services to severely disabled individuals.

AB40-ASA1,871 Section 871. 47.02 (3m) (p) of the statutes is created to read:

AB40-ASA1,525,10 47.02 (3m) (p) 1. From the appropriation under s. 20.445 (5) (n), in each fiscal year, allocate $600,000 of moneys received from the federal social security administration for reimbursement of grants to independent living centers. The department shall make grants to independent living centers for nonresidential services to severely disabled individuals as defined in s. 46.96 (1) (b).

AB40-ASA1,525,13 2. To be eligible to receive a grant under subd. 1., an independent living center shall comply with the requirements under s. 46.96 (3m) (a) 1. to 3. and (am) 1. and 2.

AB40-ASA1,872 Section 872. 48.06 (1) (title) of the statutes is amended to read:

AB40-ASA1,525,15 48.06 (1) (title) Counties with a population of 500,000 750,000 or more.

AB40-ASA1,873 Section 873. 48.06 (1) (a) 1. of the statutes is amended to read: