46.278(6)(b) (b) Total funding to counties for relocating each person under a program may not exceed the amount approved in the waiver received under sub. (3).
46.278(6)(c) (c) Funding may be provided under a program for services of a family consortium.
46.278(6)(d) (d) If a county makes available nonfederal funds equal to the state share of service costs under a waiver received under sub. (3), the department may, from the appropriation under s. 20.435 (4) (o), provide reimbursement for services that the county provides under this section to persons who are in addition to those who may be served under this section with funds from the appropriation under s. 20.435 (4) (b) or (w).
46.278(6)(e)1.1. The department may provide enhanced reimbursement for services under the community integration program for an individual who was relocated to the community by a county department from one of the following:
46.278(6)(e)1.a. a. An intermediate care facility for the mentally retarded that closes under s. 50.03 (14).
46.278(6)(e)1.b. b. An intermediate care facility for the mentally retarded or a distinct part thereof that has a plan of closure approved by the department and that intends to close within 12 months.
46.278(6)(e)1.c. c. An intermediate care facility for the mentally retarded that has a plan of closure or significant reduction in capacity approved by the department and that intends to close or significantly reduce its capacity within 60 months.
46.278(6)(e)2.a.a. The enhanced reimbursement rate under subd. 1. a. and b. shall be determined under a formula that is developed by the department.
46.278(6)(e)2.b. b. The enhanced reimbursement rate under subd. 1. c. shall be 90% of the enhanced reimbursement rate under this subd. 2. a.
46.278(7) (7)Report. By July 1 of each year, the department shall submit to the joint committee on finance and to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under s. 13.172 (3), a report describing the cost and quality of services used under the program and the extent to which existing services have been used under the program in the preceding calendar year.
46.278(8) (8)Effective period. Except as provided under sub. (2), this section takes effect on the date approved by the secretary of the federal department of health and human services as the beginning date of the period of waiver received under sub. (3). This section remains in effect for 3 years following that date and, if the secretary of the federal department of health and human services approves a waiver extension, shall continue an additional 3 years.
46.279 46.279 Restrictions on placements and admissions to intermediate and nursing facilities.
46.279(1) (1)Definitions. In this section:
46.279(1)(a) (a) "Developmental disability" has the meaning given in s. 51.01 (5) (a).
46.279(1)(b) (b) "Intermediate facility" means an intermediate care facility for the mentally retarded, as defined in 42 USC 1396d (d), other than a center for the developmentally disabled, as defined in s. 51.01 (3).
46.279(1)(bm) (bm) "Most integrated setting" means a setting that enables an individual to interact with persons without developmental disabilities to the fullest extent possible.
46.279(1)(c) (c) "Nursing facility" has the meaning given under 42 USC 1369r (a).
46.279(2) (2)Placements and admissions to intermediate facilities. Except as provided in sub. (5), no person may place an individual with a developmental disability in an intermediate facility and no intermediate facility may admit such an individual unless, before the placement or admission and after having considered a plan developed under sub. (4), a court under s. 55.06 (9) (a) or (10) (a) 2. finds that placement in the intermediate facility is the most integrated setting that is appropriate to the needs of the individual, taking into account information presented by all affected parties. An intermediate facility to which an individual who has a developmental disability applies for admission shall, within 5 days after receiving the application, notify the county department that is participating in the program under s. 46.278 of the county of residence of the individual who is seeking admission concerning the application.
46.279(3) (3)Placements and admissions to nursing facilities. Except as provided in sub. (5), if the department or an entity determines from a screening under s. 49.45 (6c) (b) that an individual requires active treatment for developmental disability, no individual may be placed in a nursing facility, and no nursing facility may admit the individual, unless it is determined from the screening that the individual's need for care cannot fully be met in an intermediate facility or under a plan under sub. (4).
46.279(4) (4)Plan for home or community-based care. Except as provided in a contract specified in sub. (4m), a county department that participates in the program under s. 46.278 shall develop a plan for providing home or community-based care in a noninstitutional community setting to an individual who is a resident of that county, under any of the following circumstances:
46.279(4)(a) (a) Within 120 days after any determination made under s. 49.45 (6c) (c) 3. that the level of care required by a resident that is provided by a facility could be provided in an intermediate facility or under a plan under this subsection.
46.279(4)(b) (b) Within 120 days after receiving written notice under sub. (2) of an application.
46.279(4)(c) (c) Within 120 days after a proposal is made under s. 55.06 (9) (a) to place the individual in an intermediate facility or a nursing facility.
46.279(4)(d) (d) Within 120 days after receiving written notice under s. 55.06 (10) (a) 2. of the placement of the individual in a nursing facility or an intermediate facility.
46.279(4)(e) (e) Within 90 days after extension of a temporary placement order by the court under s. 55.06 (11) (c).
46.279(4m) (4m)Contract for plan development. The department shall contract with a public or private agency to develop a plan under sub. (4), and the county department is not required to develop such a plan, for an individual, as specified in the contract, to whom all of the following apply:
46.279(4m)(a) (a) The individual resides in a county with a population of less than 100,000 in which are located at least 2 intermediate facilities that have licenses issued to private nonprofit organizations that are exempt from federal income tax under section 501 (a) of the Internal Revenue Code.
46.279(4m)(b) (b) Placement for the individual is in, or proposed to be in, an intermediate facility specified under par. (a) that has agreed to reduce its licensed bed capacity to an extent and according to a schedule acceptable to the facility and the department.
46.279(5) (5)Exceptions. Subsections (2) and (3) do not apply to an emergency placement under s. 55.06 (11) (a) or to a temporary placement under s. 55.06 (11) (c) or (12).
46.279 History History: 2003 a. 33.
46.28 46.28 Revenue bonding for residential facilities.
46.28(1) (1) In this section:
46.28(1)(a) (a) "Authority" means the Wisconsin Housing and Economic Development Authority created under ch. 234.
46.28(1)(am) (am) "Child with long-term care needs" means any of the following:
46.28(1)(am)1. 1. A juvenile adjudged delinquent for whom a case disposition is made under s. 938.34.
46.28(1)(am)2. 2. A child found to be in need of protection or services for whom an order is made under s. 48.345 or a juvenile found to be in need of protection or services for whom an order is made under s. 938.345.
46.28(1)(am)3. 3. A child placed under s. 48.63.
46.28(1)(am)4. 4. A child who is eligible under 42 USC 1396a (e) (3).
46.28(1)(b) (b) "Chronically disabled" means any person who is alcoholic, developmentally disabled, drug dependent or mentally ill, as defined in s. 51.01 (1), (5), (8) and (13), or any person who is physically disabled.
46.28(1)(c) (c) "Elderly" means a person 60 years of age or older.
46.28(1)(cg) (cg) "Eligible individual" means an individual who is elderly or chronically disabled, a child with long-term care needs, a homeless individual or a victim of domestic abuse.
46.28(1)(cr) (cr) "Homeless individual" has the meaning given in 42 USC 11302 (a).
46.28(1)(d) (d) "Residential facility" means a living unit for eligible individuals that is developed by a sponsor and that is not physically connected to a nursing home or hospital except by common service units for laundry, kitchen or utility purposes and that may include buildings and grounds for activities related to residence, including congregate meal sites, socialization, physical rehabilitation facilities and child care facilities.
46.28(1)(e) (e) "Sponsor" means any of the following:
46.28(1)(e)1. 1. A nonprofit participating health institution, as defined in s. 231.01 (6).
46.28(1)(e)2. 2. A tribal council or housing authority or any nonprofit entity created by a tribal council.
46.28(1)(e)3. 3. The department.
46.28(1)(e)4. 4. Any county department under s. 46.21, 46.22, 46.23, 51.42 or 51.437.
46.28(1)(e)5. 5. A county commission on aging appointed under s. 46.82 (4) (a).
46.28(1)(e)6. 6. Any housing authority created under s. 59.53 (22), 66.1201, 66.1213 or 66.1335.
46.28(1)(e)7. 7. Any housing corporation, limited-profit or nonprofit entity.
46.28(1)(e)8. 8. Any other entity meeting criteria established by the authority and organized to provide housing for persons and families of low and moderate income.
46.28(1)(e)9. 9. An entity that is operated for profit and that is engaged in providing medical care or residential care or services, including all of the following:
46.28(1)(e)9.a. a. A hospital, as defined in s. 50.33 (2).
46.28(1)(e)9.b. b. A nursing home, as defined in s. 50.01 (3).
46.28(1)(e)9.c. c. A community-based residential facility, as defined in s. 50.01 (1g).
46.28(1)(e)9.d. d. A residential care apartment complex, as defined in s. 50.01 (1d).
46.28(1)(f) (f) "Victim of domestic abuse" means an individual who has encountered domestic abuse, as defined in s. 46.95 (1) (a).
46.28(2) (2) The department may approve any residential facility for financing by the authority if it determines that the residential facility will help meet the housing needs of an eligible individual, based on factors that include:
46.28(2)(a) (a) The geographic location of the residential facility.
46.28(2)(b) (b) The population served by the residential facility.
46.28(2)(c) (c) The services offered by the residential facility.
46.28(3) (3) The department may authorize the authority to issue revenue bonds under s. 234.61 to finance any residential facility it approves under sub. (2).
46.28(4) (4) The department may charge sponsors for administrative costs and expenses it incurs in exercising its powers and duties under this section and under s. 234.61.
46.2805 46.2805 Definitions; long-term care. In ss. 46.2805 to 46.2895:
46.2805(1) (1) "Care management organization" means an entity that is certified as meeting the requirements for a care management organization under s. 46.284 (3) and that has a contract under s. 46.284 (2). "Care management organization" does not mean an entity that contracts with the department to operate one of the following:
46.2805(1)(a) (a) A program of all-inclusive care for persons aged 65 or older authorized under 42 USC 1395 to 1395ggg.
46.2805(1)(b) (b) A demonstration program known as the Wisconsin partnership program under a federal waiver authorized under 42 USC 1315.
46.2805(2) (2) "Eligible person" means a person who meets all eligibility criteria under s. 46.286 (1).
46.2805(3) (3) "Enrollee" means a person who is enrolled in a care management organization.
46.2805(4) (4) "Family care benefit" means financial assistance for long-term care and support items for an enrollee.
46.2805(5) (5) "Family care district" means a special purpose district created under s. 46.2895 (1).
46.2805(6) (6) "Family care district board" means the governing board of a family care district.
46.2805(7) (7) "Functional and financial screen" means a screen prescribed by the department that is used to determine functional eligibility under s. 46.286 (1) (a) and financial eligibility under s. 46.286 (1) (b).
46.2805(7m) (7m) "Local long-term care council" means a local long-term care council that is appointed under s. 46.282 (2) (a).
46.2805(8) (8) "Nonprofit organization" has the meaning given in s. 108.02 (19).
46.2805(9) (9) "Older person" means a person who is at least 65 years of age.
46.2805(10) (10) "Resource center" means an entity that meets the standards for operation under s. 46.283 (3) or, if under contract to provide a portion of the services specified under s. 46.283 (3), meets the standards for operation with respect to those services.
46.2805(11) (11) "Tribe or band" means a federally recognized American Indian tribe or band.
46.2805 History History: 1999 a. 9, 185; 2003 a. 33.
46.281 46.281 Powers and duties of the department and the secretary; long-term care.
46.281(1) (1)Duties of the department. The department shall do all of the following:
46.281(1)(c) (c) Request from the secretary of the federal department of health and human services any waivers of federal medicaid laws necessary to permit the use of federal moneys to provide the family care benefit to recipients of medical assistance. The department shall implement any waiver that is approved and that is consistent with ss. 46.2805 to 46.2895. Regardless of whether a waiver is approved, the department may implement operation of resource centers, care management organizations and the family care benefit.
46.281(1)(d) (d) Before July 1, 2001:
46.281(1)(d)1. 1. Establish, in geographic areas in which resides no more than 29% of the population that is eligible for the family care benefit, a pilot project under which the department may contract with a county, a family care district, a tribe or band, or the Great Lakes Inter-Tribal Council, Inc., or with any 2 or more of these entities under a joint application, to operate a resource center.
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This is an archival version of the Wis. Stats. database for 2003. See Are the Statutes on this Website Official?