AB671: Bill Text

LRB-3358/1

DAK:cjs:jf

2001 - 2002 LEGISLATURE

2001 Assembly BILL 671

December 7, 2001 - Introduced by Joint Legislative Council. Referred to Committee on Aging and Long-Term Care.

AB671,2,2 An Act to amend 20.435 (4) (w), 46.985 (7) (a), 46.986 (2) (a) (intro.), 46.986 (2) (b) 1. and 46.986 (2) (b) 2. (intro.); to repeal and recreate 20.435 (4) (w); and to create 15.197 (11n) (ef), 46.278 (6) (am), 46.278 (6m), 46.985 (2) (a) 12., 46.985 (7) (am) and 46.985 (7) (e) of the statutes; relating to: increasing funding for services under the family support program and the respite care program; increasing the daily reimbursement rate for the community integration program for persons with mental retardation; providing funding for medical assistance home and community-based services for persons with developmental disabilities who are on waiting lists for services; requiring the department of health and family services to establish criteria for distribution of this funding and to develop a plan to eliminate waiting lists for services for persons with developmental disabilities by the end of state fiscal year 2004-05; requiring the council on developmental disabilities to evaluate, and report to the legislature, the number of persons with developmental disabilities on waiting lists for services at the end of each calendar year; requiring the exercise of rule-making authority; and making appropriations.

Analysis by the Legislative Reference Bureau

This bill is explained in the Notes provided by the joint legislative council in the bill.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Prefatory note: This bill was prepared for the joint legislative council's special committee on developmental disabilities. The bill contains the following provisions.

1. Family Support Program

Under current law, the department of health and family services is required to distribute not more than $4,339,800 in each fiscal year for the family support program allocation of community aids funding. The bill increases funding for the family support program by $700,000 in state fiscal year 2001-02 and by $2,700,000 in state fiscal year 2002-03 and each fiscal year thereafter. As of December 1, 2000, an estimated 2,500 children were on waiting lists to receive services under this program. Over the 2001-03 biennium, a total of $3,400,000 additional general purpose revenue could provide services under the family support program for an estimated 400 children in fiscal year 2001-02 and 1,200 children in fiscal year 2002-03, based on the actual average per client cost of providing services under the program in calendar year 1999 ($1,705). Counties may use these funds either to provide services to additional families with children on waiting lists or to provide additional services to underserved families.

Further, the bill provides that the increased funds must be used by counties as the nonfederal match for the community supported living arrangements (CSLA) medical assistance waiver, when a child is eligible both for CSLA and for the family support program. The bill also provides that the increased funds may be used by counties as the nonfederal match for the community integration program for persons with mental retardation (CIP-IB), when a child is eligible both for CIP-IB and for the family support program.

2. CIP-IB

Under current law, s. 46.278 governs the community integration program (CIP) for persons with mental retardation, commonly referred to as "CIP-IB". Under this program, a person who is diagnosed as developmentally disabled under the definition specified in s. 51.01 (5) and relocated from an institution other than a state center for the developmentally disabled, or who meets the intermediate care facility for the mentally retarded (ICF-MR) level of care requirements for medical assistance (MA) reimbursement in an ICF-MR and is ineligible for services under s. 46.275 or 46.277, may be eligible for this program.

The program authorizes the department of health and family services to serve MA recipients, who meet the level of care requirements for MA reimbursement in an ICF-MR, in their communities by providing home or community-based services as part of MA.

Currently, the state of Wisconsin provides funding at a daily rate of $48.33 per day to serve these individuals under the CIP-IB program. This is MA funding, which is approximately 60% federal funds and 40% nonfederal funds.

This bill provides $3,700,000 in fiscal year 2001-02 and each fiscal year thereafter to increase the CIP-IB daily rate from the current rate of $48.33 per day.

3. Waiting Lists for Developmental Disabilities Services

The bill creates an appropriation in the department of health and family services (DHFS) to be used to provide services to persons who are on waiting lists for developmental disabilities services. The bill provides $1,000,000 in fiscal year 2001-02 and $7,000,000 in each fiscal year thereafter to fund services for persons with developmental disabilities who are waiting for services. In distributing these funds, the DHFS must use the criteria established by the DHFS by rule. The rules must require that the funds be distributed to maximize the capture of federal funds. In addition, the rules must prohibit counties from supplanting funds allocated to developmental disabilities services with the funds received under this appropriation.

The rules must also require that the DHFS collect data from county departments on the number of persons requesting, but not receiving, developmental disabilities services. The data must indicate the number of these persons placed on waiting lists by the county department, as well as the length of time the person has been on a waiting list and person's severity of need. Further, the rules must provide that the funds appropriated under this bill be distributed by the DHFS utilizing this data. The rules must be submitted to the legislative council staff for review no later than the first day of the 6th month beginning after the effective date of this bill. However, the DHFS must administer this bill prior to the promulgation of these rules according to procedures established by the DHFS.

This bill also requires the DHFS to develop a plan to eliminate waiting lists for services for persons with developmental disabilities in Wisconsin by the end of fiscal year 2004-05.

Finally, the bill requires the council on developmental disabilities under s. 15.197 (11n), stats., at the end of each calendar year, to evaluate the number of persons with developmental disabilities on waiting lists for services and report this information to the legislature as provided under s. 15.197 (11n), stats.

4. Lifespan Respite Care

Under current law, the department of health and family services (DHFS) uses general purpose revenues to contract with a private, nonprofit organization that prescribes criteria for, awards, and oversees grants to conduct respite care projects. ("Respite care" is care that is provided to a person with special needs, or a person at risk of abuse of neglect, in order to provide temporary relief to the caregiver of that person or when the caregiver is unable to provide care.) The organization may award grants to conduct respite care projects to county departments of social services, human services, community programs, or developmental disabilities services; governing bodies of federally recognized American Indian tribes or bands; or nonprofit or for-profit community-based private entities. The grant funds must be equally distributed among five administrative regions of the state, as prescribed by DHFS.

This bill increases an appropriation of general purpose revenues by a total of $225,000 in fiscal year 2002-03 and in each fiscal year thereafter for the respite care program, including grant funds for one additional respite care project in each of the five administrative regions prescribed by DHFS and two additional respite care projects anywhere in the state.

5. Medical Assistance Trust Fund

This bill modifies the medical assistance trust fund to provide that moneys from this trust fund are used for providing funding increases for the family support program and life-span respite care project grants.

AB671, s. 1 Section 1. 15.197 (11n) (ef) of the statutes is created to read:

AB671,4,6 15.197 (11n) (ef) Annual report. By January 31 of each year, the council shall prepare a report for the preceding calendar year and shall submit the report to the legislature under s. 13.172 (2). The report shall evaluate waiting lists for services for persons with developmental disabilities in Wisconsin based on data compiled by the department of health and family services.

AB671, s. 2 Section 2. 20.435 (4) (w) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB671,4,17 20.435 (4) (w) Medical assistance trust fund. From the medical assistance trust fund, biennially, the amounts in the schedule for meeting costs of medical assistance administered under ss. 46.27, 46.275 (5), 46.278 (6), 46.283 (5), 46.284 (5), 49.45, and 49.472 (6) and, for administrative costs associated with augmenting the amount of federal moneys received under 42 CFR 433.51, for the family support program under s. 46.985 (7) (am), and for life-span respite care project grants under s. 46.986 (2) (a) (intro.). The department may transfer from this appropriation to the appropriation account under par. (x) moneys in the amount and for the purpose specified in 2001 Wisconsin Act 16, section 9123 (8e).

AB671, s. 3 Section 3. 20.435 (4) (w) of the statutes, as affected by 2001 Wisconsin Act 16, section 717b, and 2001 Wisconsin Act .... (this act), is repealed and recreated to read:

AB671,5,5 20.435 (4) (w) Medical assistance trust fund. From the medical assistance trust fund, biennially, the amounts in the schedule for meeting costs of medical assistance administered under ss. 46.27, 46.275 (5), 46.278 (6), 46.283 (5), 46.284 (5), 49.45, and 49.472 (6), for administrative costs associated with augmenting the amount of federal moneys received under 42 CFR 433.51, for the family support program under s. 46.985 (7) (am), and for life-span respite care project grants under s. 46.986 (2) (a) (intro.).

AB671, s. 4 Section 4. 46.278 (6) (am) of the statutes is created to read:

AB671,5,9 46.278 (6) (am) In addition to the funding specified in par. (a), from the appropriation under s. 20.435 (4) (w), the department shall distribute all of the following:

AB671,5,12 1. In fiscal year 2001-02 and each fiscal year thereafter, $3,700,000 to supplement the daily rate paid under par. (a) for the provision of home and community-based services for eligible persons.

AB671,5,15 2. In fiscal year 2001-02, $1,000,000, and in fiscal year 2002-03 and each fiscal year thereafter, $7,000,000 to provide home and community-based services for eligible persons who are identified as specified in sub. (6m).

AB671, s. 5 Section 5. 46.278 (6m) of the statutes is created to read:

AB671,5,20 46.278 (6m) Rules for distribution of funds. The department shall promulgate rules establishing criteria for distribution of the funds specified under sub. (6) (am) 2., for services for persons with developmental disabilities who are waiting for services. The rules shall require the following:

AB671,6,2 (a) That the department collect data from each county department under ss. 46.21, 46.23, 51.42, and 51.437 on the total number of persons with developmental disabilities who have requested services and have not received services from the county department. The data shall indicate which of these persons have been placed on waiting lists for services by the county department. The data shall also indicate the length of time each person has been on a waiting list, and the severity of the person's need for services.

AB671,6,7 (b) That the funds be distributed to county departments to provide services to persons identified using the data collected under par. (a) and that county departments may not use these funds to supplant funds allocated as of the effective date of this paragraph .... [revisor inserts date], for services for persons with developmental disabilities.

AB671,6,9 (c) That the funds be distributed to maximize the capture of federal matching funds for medical assistance.

AB671, s. 6 Section 6. 46.985 (2) (a) 12. of the statutes is created to read:

AB671,6,11 46.985 (2) (a) 12. Criteria for administering funds under sub. (7) (am).

AB671, s. 7 Section 7. 46.985 (7) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB671,6,16 46.985 (7) (a) From Except as provided in par. (am), from the appropriations under s. 20.435 (7) (b) and (o), the department shall allocate to county departments funds for the administration and implementation of the program.

AB671, s. 8 Section 8. 46.985 (7) (am) of the statutes is created to read: