1995 Wisconsin Act 27

27,2197m Section 2197m. 46.26 (7) (bn) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2198m Section 2198m. 46.26 (7) (e) of the statutes is amended to read:

46.26 (7) (e) For emergencies related to community youth and family aids under this section, amounts not to exceed $125,000 for the last 6 months of 1993, $250,000 for 1994 1995 and $125,000 for the first 6 months of 1995 1996. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.

27,2198p Section 2198p. 46.26 (7) (e) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2199 Section 2199 . 46.26 (7) (f) of the statutes is amended to read:

46.26 (7) (f) For adjustments to have allocations to compensate for increases in per person daily cost assessments, amounts not to exceed $216,400 $1,179,600 for the last 6 months of 1993, $1,552,200 for 1994 and $1,469,300 1995 and $1,360,500 for the first 6 months of 1995 1996. The department shall allocate funds under this paragraph in accordance with the requirements of sub. (3) (d).

27,2200 Section 2200 . 46.26 (7) (f) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2201 Section 2201 . 46.26 (7) (g) of the statutes is repealed.

27,2202m Section 2202m. 46.26 (7) (h) of the statutes is amended to read:

46.26 (7) (h) For counties that are participating in the corrective sanctions program under s. 48.533 (2), $768,100 in 1994 and $768,100 in the first $1,146,800 in the last 6 months of 1995 and $1,146,800 in the first 6 months of 1996 for the provision of corrective sanctions services for children from that county. In distributing funds to counties under this paragraph, the department shall determine a county's distribution by dividing the amount allocated under this paragraph by 105 the number of slots authorized for the program under s. 48.533 (2) and multiplying the quotient by the average daily population of children from that county who are participating in the program number of slots allocated to that county by agreement between the department and the county. The department may transfer funds among counties as necessary to distribute funds based on the number of slots allocated to each county.

27,2202p Section 2202p. 46.26 (7) (h) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2203g Section 2203g. 46.26 (8) (title) of the statutes is repealed.

27,2203m Section 2203m. 46.26 (8) (a) of the statutes is amended to read:

46.26 (8) (a) From the amount of the allocations specified in sub. (7) (a), the department shall allocate $666,700 in the last 6 months of 1993, $1,333,400 in 1994 1995 and $666,700 in the first 6 months of 1995 1996 for alcohol and other drug abuse treatment programs.

27,2203p Section 2203p. 46.26 (8) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2204 Section 2204 . 46.26 (8) (b) of the statutes is amended to read:

46.26 (8) (b) From the amount of the allocations specified in sub. (7) (b) 1., the department shall allocate $333,300 in the last 6 months of 1993, $666,600 in 1994 1995 and $333,300 in the first 6 months of 1995 1996 for alcohol and other drug abuse treatment programs.

27,2204m Section 2204m. 46.26 (8) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2205 Section 2205 . 46.262 of the statutes is repealed.

27,2205m Section 2205m. 46.263 (title) of the statutes is repealed and recreated to read:

46.263 (title) Community intervention program.

27,2205p Section 2205p. 46.263 (title) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2206g Section 2206g. 46.263 (1) of the statutes is amended to read:

46.263 (1) From the appropriation under s. 20.435 (3) (f), the department shall distribute $2,500,000 in the first 6 months of 1995 $3,750,000 in each year to counties for early intervention services for first offenders and for intensive community-based intervention services for seriously chronic offenders.

27,2206m Section 2206m. 46.263 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2207 Section 2207 . 46.263 (2) of the statutes is amended to read:

46.263 (2) To determine eligibility for a payment under sub. (1), the department shall require a county to submit a plan for the expenditure of that payment that ensures that the county targets the programs to be funded under that payment appropriately and that ensures that the county maintains or increases its aggregate expenditures from sources other than that payment for juvenile delinquency-related services at or above the average level of those expenditures in the 2 years preceding the year in which the payment is made under sub. (1).

27,2207m Section 2207m. 46.263 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2208 Section 2208 . 46.263 (3) of the statutes is amended to read:

46.263 (3) The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the number of children who are taken into custody statewide for alleged violations that are punishable as a Class A or a Class B felony if committed by an adult violent Part I juvenile arrests reported statewide under the uniform crime reporting system of the office of justice assistance in the department of administration, during the most recent 2-year period for which that information is available. The department shall distribute 33% of the amounts distributed under sub. (1) based on each county's proportion of the number of children statewide who are placed in a juvenile correctional institution, during the most recent 2-year period for which that information is available. The department shall distribute 34% of the amounts distributed under sub. (1) based on each county's proportion of the number of total Part I juvenile offenses arrests reported statewide under the uniform crime reporting system of the Wisconsin department office of justice assistance, during the most recent 2-year period for which that information is available.

27,2208m Section 2208m. 46.263 (3) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2208p Section 2208p. 46.265 (title) and (1) of the statutes are repealed.

27,2209m Section 2209m. 46.265 (2) of the statutes is amended to read:

46.265 (2) From the appropriation under s. 20.435 (3) (cx) (p), the department shall allocate $300,000 in each fiscal year to the organization that it has contracted with under sub. (1) for alcohol and other drug abuse education and treatment services for participants in that organization's youth diversion program.

27,2209p Section 2209p. 46.265 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,2209r Section 2209r. 46.265 (3) of the statutes is repealed.

27,2209w Section 2209w. 46.27 (1) (ai) of the statutes is created to read:

46.27 (1) (ai) “Community-based residential facility" means a facility that meets the definition in s. 50.01 (1g) and that is licensed under s. 50.03 (1).

27,2210 Section 2210 . 46.27 (2) (d) of the statutes is amended to read:

46.27 (2) (d) In consultation with representatives of counties, hospitals and nursing homes and with recipients of long-term community support services, develop guidelines for implementing the program and criteria for reviewing community options plans from counties participating in the program. The guidelines and criteria shall address cost-effectiveness, scope, feasibility and impact on the quality and appropriateness of health services and social services and shall provide counties with maximum flexibility to develop programs that address local needs.

27,2211 Section 2211 . 46.27 (2) (h) of the statutes is renumbered 46.27 (2) (h) (intro.) and amended to read:

46.27 (2) (h) (intro.) Promulgate all of the following as rules to adopt:

1. Adoption of a long-term community support service fee schedule as part of the uniform fee schedule under s. 46.03 (18) that is substantially similar to the fee calculation schedule existing on January 1, 1985, that was developed as a part of the guidelines required under par. (d).

27,2212 Section 2212 . 46.27 (2) (h) 2. of the statutes is created to read:

46.27 (2) (h) 2. Conditions of hardship under which the department may grant an exception to the requirement of sub. (6r) (c).

27,2213 Section 2213 . 46.27 (2) (i) of the statutes is created to read:

46.27 (2) (i) Review and approve or disapprove waiver requests under sub. (3) (f), review and approve or disapprove requests for exceptions under sub. (6r) (c) and provide technical assistance to a county that reaches or exceeds the annual allocation limit specified in sub. (3) (f) in order to explore alternative methods of providing long-term community support services for persons who are in group living arrangements in that county.

27,2214 Section 2214 . 46.27 (2) (j) of the statutes is created to read:

46.27 (2) (j) By January 1, 1997, develop a model contract for use by counties for purchase of long-term community support services for persons who reside in community-based residential facilities. The governor and the joint committee on finance shall approve the model contract before it is implemented.

27,2215 Section 2215 . 46.27 (3) (e) 1. of the statutes is amended to read:

46.27 (3) (e) 1. For a county with an annual allocation for provision of long-term community support services under sub. (7) (b) 1m. that exceeds $185,000, the department shall, unless the department finds that an emergency or unusual circumstance exists, designate a portion of the county's allocation for increased service in each calendar year that the county fails to meet the requirement, to one or more of the groups specified under sub. (4) (a) 1. a. to e.

27,2216 Section 2216 . 46.27 (3) (e) 2. of the statutes is amended to read:

46.27 (3) (e) 2. For a county with an annual allocation for provision of long-term community support services under sub. (7) (b) 1m. that is $185,000 or less, the department may designate a portion of the county's allocation for increased service in each calendar year that the county fails to meet the requirement, to one or more of the groups specified under sub. (4) (a) 1. a. to e.

27,2217 Section 2217 . 46.27 (3) (f) of the statutes is created to read:

46.27 (3) (f) Beginning on January 1, 1996, from the annual allocation to the county for the provision of long-term community support services under subs. (7) (b) and (11), annually establish a maximum total amount, not to exceed 25% of the annual allocation, that may be encumbered in a calendar year for services for eligible individuals in community-based residential facilities. If the total amount that is encumbered for services for individuals in community-based residential facilities who are receiving services under sub. (7) (b) on January 1, 1996, exceeds 25% of the county's annual allocation, a county may request a waiver of the requirement under this paragraph from the department. The department need not promulgate as rules under ch. 227 the standards for granting a waiver request under this paragraph.

27,2218 Section 2218 . 46.27 (4) (c) 4. of the statutes is amended to read:

46.27 (4) (c) 4. A description of the method to be used to coordinate the use of funds received under this program with the use of other funds allocated to the county under ss. 46.495 (1) (d), 46.80 (5), and 46.85 (3m) (b) 1. and 2. and 49.52 (1) (d) and to county departments under s. 51.423.

27,2219 Section 2219 . 46.27 (5) (b) of the statutes is amended to read:

46.27 (5) (b) Within the limits of state and federal funds allocated under sub. (7), arrange service contracts under s. 46.036 and ensure the provision of necessary long-term community support services for each person who meets the criteria specified in sub. (6) (b). No county department or aging unit may use funds allocated under sub. (7) (b) to provide services in any community-based residential facility unless the county department or aging unit uses as a service contract the approved model contract developed under sub. (2) (j) or a contract that includes all of the provisions of the approved model contract.

27,2220 Section 2220 . 46.27 (5) (i) of the statutes is amended to read:

46.27 (5) (i) In the instances in which an individual who is provided long-term community support services under par. (b) for which the individual receives direct funding, serve directly as a fiscal agent or contract with a fiscal intermediary to serve as a fiscal agent for that individual for the purposes of performing the responsibilities and protecting the interests of the individual under the unemployment compensation law. The county department or aging unit may elect to act as a fiscal agent or contract with a fiscal intermediary to serve as a fiscal agent for an individual who is provided long-term support services under s. 46.275, 46.277, 46.278, 49.52, 46.495, 51.42 or 51.437. The fiscal agent under this paragraph is responsible for remitting any federal unemployment compensation taxes or state unemployment compensation contributions owed by the individual, including any interest and penalties which are owed by the individual; for serving as the representative of the individual in any investigation, meeting, hearing or appeal involving ch. 108 or the federal unemployment tax act (26 USC 3301 to 3311) in which the individual is a party; and for receiving, reviewing, completing and returning all forms, reports and other documents required under ch. 108 or the federal unemployment tax act on behalf of the individual. An individual may make an informed, knowing and voluntary election to waive the right to a fiscal agent. The waiver may be as to all or any portion of the fiscal agent's responsibilities. The waiver may be rescinded in whole or in part at any time.

27,2220j Section 2220j. 46.27 (6) (a) 1. of the statutes is amended to read:

46.27 (6) (a) 1. Within the limits of state and federal funds allocated under sub. (7) and within the limits of fees collected, an assessment shall be conducted for any person identified in sub. (5) (e) or who is seeking admission to or is about to be admitted to a nursing home. A fee may be charged, unless prohibited, for the assessment.

27,2220k Section 2220k. 46.27 (6) (b) (intro.) of the statutes is amended to read:

46.27 (6) (b) (intro.) Within the limits of state and federal funds allocated under sub. (7) and within the limits of fees collected unless prohibited, a community services case plan shall be developed for any person with chronic disabilities:

27,2220L Section 2220L. 46.27 (6) (c) of the statutes is created to read:

46.27 (6) (c) The amount of any fee charged for conduct of an assessment under par. (a) or for development of a case plan under par. (b) shall be in accordance with a sliding scale formula established by the department by rule under sub. (12) (c). A fee may not be charged if prohibited under 42 USC 1396 to 1396v or under regulations under 42 USC 1396 to 1396v.

27,2221 Section 2221 . 46.27 (6r) (a) of the statutes is amended to read:

46.27 (6r) (a) A person who is initially eligible for services under sub. (7) (b), for whom home and community-based services are available under sub. (11) or s. 46.275, 46.277 or 46.278 that require less total expenditure of state funds than do comparable services under sub. (7) (b) and who is eligible for and offered the home and community-based services under sub. (11) or s. 46.275, 46.277 or 46.278, but who declines the offer, except that a county may use funds received under sub. (7) (b) to pay for long-term community support services for the person for a period of up to 90 days during which an application for services under sub. (11) or s. 46.275, 46.277 or 46.278 for the person is processed.

27,2222 Section 2222 . 46.27 (6r) (c) of the statutes is created to read:

46.27 (6r) (c) A person who resides or intends to reside in a community-based residential facility and who is initially applying for long-term community support services, if the projected cost of services for the person, plus the cost of services for existing participants, would cause the county to exceed the limitation under sub. (3) (f), unless the department grants an exception to the requirement under this paragraph, under the conditions specified by rule, to avoid hardship to the person.

27,2223c Section 2223c. 46.27 (6r) (e) of the statutes is created to read:

46.27 (6r) (e) A person who has not resided in this state for at least 180 consecutive days before applying for or receiving long-term community support services that are funded under sub. (7) (b).

27,2223m Section 2223m. 46.27 (6u) (c) 2. of the statutes is amended to read:

46.27 (6u) (c) 2. For a person who is determined to be financially eligible under subd. 1. calculate, by use of the uniform fee system under s. 46.03 (18), the amount of cost sharing required for receipt of long-term community support services provided under sub. (5) (b). The county department or aging unit shall require payment by the person of at least 50% 100% of the amount calculated under this subdivision.

27,2223t Section 2223t. 46.27 (7) (am) of the statutes is amended to read:

46.27 (7) (am) From the appropriation under s. 20.435 (7) (bd), the department shall allocate funds to each county or private nonprofit agency with which the department contracts to pay assessment and case plan costs under sub. (6) not otherwise paid by fee or under s. 46.032 or 49.45. The department shall reimburse counties for the cost of assessing persons eligible for medical assistance under s. 49.46, 49.468 or 49.47 as part of the administrative services of medical assistance, payable under s. 49.45 (3) (a). Counties may use unspent funds allocated under this paragraph to pay the cost of long-term community support services.

27,2224 Section 2224 . 46.27 (7) (am) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

46.27 (7) (am) From the appropriation under s. 20.435 (7) (bd), the department shall allocate funds to each county or private nonprofit agency with which the department contracts to pay assessment and case plan costs under sub. (6) not otherwise paid by fee or under s. 46.032 49.33 (2) or 49.45. The department shall reimburse counties for the cost of assessing persons eligible for medical assistance under s. 49.46, 49.468 or 49.47 as part of the administrative services of medical assistance, payable under s. 49.45 (3) (a). Counties may use unspent funds allocated under this paragraph to pay the cost of long-term community support services.

27,2226m Section 2226m. 46.27 (7) (b) 1m. of the statutes is amended to read:

46.27 (7) (b) 1m. From the appropriation appropriations under s. 20.435 (7) (bd) and (im), the department shall allocate funds to each county to pay the cost of providing long-term community support services under sub. (5) (b) not otherwise paid under s. 49.45 to persons eligible for medical assistance under s. 49.46 or 49.47 or to persons whom the county department or aging unit administering the program finds likely to become medically indigent within 6 months by spending excess income or assets for medical or remedial care. The average per person reimbursement under this paragraph may not exceed the state share of the average per person payment rate the department expects under s. 49.45 (6m). The county department or aging unit administering the program may spend funds received under this paragraph only in accordance with the case plan and service contract created for each person receiving long-term community support services.

27,2226n Section 2226n. 46.27 (7) (b) 1r. of the statutes is created to read:

46.27 (7) (b) 1r. Reimbursement under this paragraph for long-term community support services provided to a person in a month may not exceed the average monthly cost of nursing home care, as determined by the department, except that this limitation does not apply to any of the following:

a. A person under the age of 22.

b. A ventilator-dependent person.

c. A person not specified under subd. 1r. a. or b., if the department determines that the cost of providing the person with nursing home care would exceed the cost of providing the person with care in the community. In making this determination, the department shall consider the actual nursing home costs of that person and the extent to which publicly funded costs or, if the person is ineligible for medical assistance under s. 49.46, 49.468 or 49.47, private costs for nursing home care would actually exceed the cost of providing the person with care in the community.

d. Any individual, if the department determines that nursing home care is not available for that individual.

e. Any individual, if the department determines that public funding is not available for the institutional care of that individual.

27,2227 Section 2227 . 46.27 (7) (b) 2. of the statutes is renumbered 46.27 (7) (cg) and amended to read: