46.985(4)(b)
(b) Provide information about the program and other programs for disabled children to families in the service area.
46.985(4)(c)
(c) Implement the program in accordance with the program plan.
46.985(4)(d)
(d) Designate one of its employees as the coordinator for each participating family.
46.985(5)
(5) Family eligibility. A family is eligible to receive services and goods from the program if it meets all of the following requirements:
46.985(5)(a)
(a) The parent has a disabled child whom the parent wants to keep at home or return to the home from an institution or other out-of-home placement.
46.985(5)(b)
(b) The parent will be able to take care of the disabled child at home if financial, physical or other barriers are reduced or eliminated and adequate community support services are provided.
46.985(6)
(6) Application, assessment and service plan. 46.985(6)(a)(a) A parent shall apply for the program to the administering agency in the county in which the family resides. The administering agency shall determine whether the family is eligible according to
sub. (5) and the criteria promulgated under
sub. (2) (a) 5. and shall approve or disapprove each application within 30 days after its receipt.
46.985(6)(b)
(b) If the administering agency approves an application under
par. (a), it shall arrange for an assessment of the family's needs, except that an administering agency is not required to do an assessment if no program funds are available to provide services and goods to additional families. The assessment shall be performed in accordance with the procedures promulgated under
sub. (2) (a) 7. either by an employee of the administering agency or, under a contract, by a person who is knowledgeable about the disabled child's condition and the related needs of the family. The person conducting the assessment shall do all of the following:
46.985(6)(b)1.
1. Ensure that the family participates in the assessment to the greatest extent possible.
46.985(6)(b)2.
2. Involve other persons who are knowledgeable about the disabled child's condition and who can identify and assist the family in assessing the social, psychological and medical needs of all family members.
46.985(6)(b)3.
3. Identify services and goods that the family is currently receiving, other services and goods available to the family through public and private agencies, friends and relatives and services and goods that the family is not currently receiving which the parent needs to maintain the disabled child at home.
46.985(6)(b)4.
4. Identify the services and goods needed by the family that are available from publicly funded sources other than the program or from private sources, including friends and relatives.
46.985(6)(b)5.
5. Identify the services and goods needed by the family that are available for funding through the program.
46.985(6)(c)
(c) For each family whose application is approved, the administering agency shall develop a service plan within 60 days after receipt of the application. In developing the service plan, the administering agency shall ensure that the family members are the primary decision makers. Each service plan shall include all of the following:
46.985(6)(c)1.
1. A description of the needs of the family, based on the assessment under
par. (b).
46.985(6)(c)2.
2. A list of the services and goods the family receives that are provided through public or private funding sources other than the program.
46.985(6)(c)3.
3. A list of the services and goods that will be funded through the program, the estimated cost of each and an estimate of the length of time each one will need to be funded through the program.
46.985(6)(c)4.
4. A written participation agreement, which shall be signed by a parent and a representative of the administering agency, governing expenditure of program funds by or on behalf of the family.
46.985(6)(d)
(d) The administering agency shall review each service plan at least once every 6 months, or more often at a parent's request. The participation agreement under
par. (c) 4. may be amended by written agreement between the parent and the administering agency.
46.985(6)(e)
(e) The administering agency may approve funding for all or any part of the cost of any services and goods that have been identified as necessary in a family's service plan and which meet the criteria promulgated under
sub. (2) (a) 9.
46.985(6)(f)
(f) An administering agency may approve the expenditure of program funds for a family whose disabled child is 21 years of age or over only with the approval of the department in accordance with the rules promulgated under
sub. (2) (a) 11.
46.985(6)(g)
(g) Using the criteria promulgated under
sub. (2) (a) 8., the administering agency shall determine the amount that will be paid to or expended on behalf of each participating family for the services and goods approved under
par. (e). The amount that may be paid to or expended on behalf of a family may not exceed $3,000 in any 12-month period for each disabled child in the family, except that the department may, upon request by an administering agency, approve a greater amount for a specific family with exceptional needs.
46.985(6)(h)
(h) If an administering agency denies an application or if it terminates a family's participation agreement, it shall provide the parent with a written notice of that fact stating the reason for the denial or termination and shall refer the family to other available agencies and resources. A parent whose application is denied or whose participation agreement is terminated may file a request with the department for a hearing under
s. 227.42.
46.985(7)(a)(a) 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.
46.985(7)(b)
(b) Funds allocated under this subsection may not be used to replace any other state and federal funds or any county funds that are currently being provided to a family under any program.
46.985(7)(c)
(c) The total amount of a county department's allocation used to pay for staff salaries and other administrative costs associated with the program may not exceed 10% of the allocation.
46.986
46.986
Respite care program. 46.986(1)(a)
(a) "Abuse" means the willful infliction on a person of physical pain or injury or unreasonable confinement.
46.986(1)(b)
(b) "Caregiver" means an individual who lives in the home of a person with special needs and provides care or supervision for that person.
46.986(1)(d)
(d) "Neglect" means an act, omission or course of conduct that, because of the failure to provide adequate food, shelter, clothing, medical care or dental care, creates a significant danger to the physical and mental health of a person.
46.986(1)(e)
(e) "Provider" means an individual or agency that a caregiver selects, with input to the selection by the person with special needs, if competent, to provide respite care to the person with special needs.
46.986(1)(f)
(f) "Respite care" means care that is provided to a person with special needs, or a person at risk of abuse or neglect, in order to provide temporary relief to the caregiver of that person or when the caregiver is unable to provide care.
46.986(1)(g)
(g) "Special need" means a person's need resulting from an emotional, behavioral, cognitive, physical or personal condition that necessitates receipt of care or supervision in order to meet the person's basic needs or to prevent harm from occurring to him or her.
46.986(1)(h)
(h) "Tribe or band" means the governing body of a federally recognized American Indian tribe or band in this state.
46.986(2)(a)(a) From the appropriation account under
s. 20.435 (7) (br), the department shall contract for the administration of life-span respite care projects with an organization to which all of the following apply:
46.986(2)(a)1.
1. The organization is a private, nonprofit organization, as defined in
s. 108.02 (19), that is capable of operating on a statewide basis and has expertise in respite care issues.
46.986(2)(a)2.
2. At least 51% of the members of the organization's governing board are consumers of respite care or caregivers.
46.986(2)(a)3.
3. The membership of the organization's governing board includes providers and elected officials and represents the diverse geographical areas and cultural groups of the state.
46.986(2)(b)
(b) The organization with which the department contracts under
par. (a) shall do all of the following:
46.986(2)(b)1.
1. After consulting with the department, county departments, tribes or bands, providers and caregivers, prescribe criteria for the distribution of grants to conduct life-span respite care projects. The criteria shall include the requirement that grant funds be equally distributed among 5 administrative regions of the state, as prescribed by the department.
46.986(2)(b)2.
2. Solicit applications from and, using the criteria under
subd. 1., award in each state fiscal biennium up to one grant in each of the 5 administrative regions prescribed by the department to any of the following to conduct a life-span respite care project:
46.986(2)(b)2.d.
d. A community-based private entity that is operated for profit.
46.986(2)(b)3.
3. Require that the grantee contribute matching funds to the operation of the life-span respite care project in the following amounts:
46.986(2)(b)3.a.
a. Ten percent of the amount of the grant awarded by the organization, as direct services, which shall be used by the grantee to fund payments from caregivers to providers.
46.986(2)(b)3.b.
b. Fifteen percent of the amount of the grant awarded by the organization, as in-kind services.
46.986(2)(b)4.
4. Oversee grants awarded under
subd. 2., and monitor, provide technical assistance to and evaluate the life-span respite care projects.
46.986(2)(b)5.
5. Develop best practice guidelines and a training curriculum that may be used by life-span respite care projects that are funded under this section and that may be used, if appropriate, by any other respite care providers in the state.
46.986(2)(b)6.
6. Promote the exchange of information and coordination among the state, local governments, life-span respite care projects, entities serving persons with special needs, families of persons with special needs and persons in favor of the promotion of respite care services, to encourage the efficient provision of respite care services.
46.986(2)(b)7.
7. Act as a statewide clearinghouse of information about respite care and existing respite care programs and resources and operate a library of materials that may be lent to persons or organizations upon request.
46.986(2)(b)8.
8. Conduct analyses of respite care policies and proposals, and identify and promote resolution of respite care policy concerns at legislative, state and local levels.
46.986(3)
(3) Grants not to supplant other moneys. Moneys awarded as grants under
sub. (2) (b) may not be used to supplant moneys otherwise available and, prior to receipt of the grant, dedicated by the grantee to respite care.
46.986(4)
(4) Life-span respite care project requirements. Life-span respite care projects for which a grant is awarded under
sub. (2) (b) 2. shall do all of the following:
46.986(4)(a)
(a) Operate in a culturally competent manner and be sensitive to the unique needs and strengths of a person with special needs and his or her family or caregiver.
46.986(4)(b)
(b) Identify, coordinate and develop resources for respite care that are built, to the extent possible, on existing community support services.
46.986(4)(d)
(d) Identify training resources and organize training programs for providers that address different populations in need of respite care.
46.986(4)(e)
(e) Facilitate access by caregivers and families of persons with special needs to an array of respite care service options for which the person with special needs is eligible, that are responsive to caregiver and family needs and that are available before families and primary caregivers reach a crisis situation.
46.986(4)(f)
(f) Assist caregivers and families of persons with special needs to identify and coordinate funds and resources available for respite care for which the person with special needs is eligible, and authorize and provide a variety of funds and resources to make available additional respite care services for persons with special needs, under eligibility criteria established by the project.
46.986(5)
(5) Advisory committees. Each grantee of moneys to conduct a life-span respite care project under
sub. (2) shall create an advisory committee that shall advise the project on how the project may best serve persons with special needs and their caregivers. Consumers of respite care services and caregivers shall comprise at least 51% of the advisory committee membership and shall be representative of the diversity of persons who receive services under the project. Other members shall include providers, representatives of local service agencies and members of the community.
46.986(6)
(6) Evaluation. By June 1, 2004, the department and the organization with which the department contracts under
sub. (2) (a) shall together evaluate the life-span respite care projects that are conducted under this section. If, following the evaluation, the department and the organization together determine that it is feasible to integrate the life-span respite care projects with any integrated, organized system of long-term care services that is operated by the department, the department shall, by July 1, 2004, provide to the department of administration statutory language that is proposed for inclusion in the 2005-07 biennial budget bill to effect the integration.
46.986 History
History: 1999 a. 9;
2001 a. 16,
103.
46.99
46.99
Medical assistance waiver for Birth to 3 participants. 46.99(2)
(2) The department shall request from the secretary of the U.S. department of health and human services a waiver under
42 USC 1396n (c) that authorizes the provision of home or community-based services under medical assistance to children who are eligible for medical assistance and receive early intervention services under
s. 51.44.
46.99(3)
(3) If the waiver requested under
sub. (2) is granted, counties shall provide to the department the nonfederal share of costs for medical assistance services provided under the waiver. Counties may use moneys appropriated under
s. 20.435 (7) (bt) and distributed to counties under
s. 51.44 (3) (a) to provide the nonfederal share of medical assistance costs.
46.99(3m)
(3m) If the waiver requested under
sub. (2) is granted, counties shall provide to the department the nonfederal share of the cost incurred by an entity to administer the waiver program under this section.
46.99(4)
(4) From the appropriation account under
s. 20.435 (4) (o), the department may distribute to counties that provide services under this section the amount of federal moneys received by the state as the federal share of medical assistance for those services, minus the amount transferred to the appropriation account under
s. 20.435 (7) (im) for the department's costs of administering this section. Counties shall use moneys distributed under this section to provide services under this section or
s. 51.44.
46.99 History
History: 2009 a. 28;
2011 a. 32.
46.995
46.995
Disabled children's long-term support program; local funding. 46.995(1)
(1) A county shall provide to the department the nonfederal share of the cost incurred by an entity to administer services provided without state funding under the disabled children's long-term support program for a child enrolled in the program after December 31, 2010.
46.995(2)
(2) A county shall provide to the department the nonfederal share of the cost of services provided without state funding under the disabled children's long-term support program.
46.995 History
History: 2011 a. 32.
