46.277 (4) (a) Any medical assistance recipient who meets the level of care requirements for medical assistance reimbursement in a skilled nursing facility or intermediate care facility is eligible to participate in the program, except that the number of participants may not exceed the number of nursing home beds, other than beds specified in sub. (5g) (b), that are delicensed as part of a plan submitted by the facility and approved by the department. Such a recipient may apply, or any person may apply on behalf of such a recipient, for participation in the program. Section 46.275 (4) (b) applies to participation in the program.
27,2253
Section 2253
. 46.277 (4) (b) of the statutes is amended to read:
46.277 (4) (b) To the extent authorized under 42 USC 1396n, if a person discontinues participation in the program, a medical assistance recipient may participate in the program in place of the participant who discontinues if that recipient meets the level of care requirements for medical assistance reimbursement in a skilled nursing facility or intermediate care facility, except that the number of participants may not exceed the number of nursing home beds, other than beds specified in sub. (5g) (b), that are delicensed as part of a plan submitted by the facility and approved by the department.
27,2254
Section 2254
. 46.277 (5) (d) 3. of the statutes is created to read:
46.277 (5) (d) 3. If subd. 2. a. or b. applies, no county may use funds received under this section to pay for services provided to a person who resides or intends to reside in a community-based residential facility and who is initially applying for the 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) (c). The department may grant an exception to the requirement under this subdivision, under the conditions specified by rule, to avoid hardship to the person.
27,2255
Section 2255
. 46.277 (5) (e) of the statutes is created to read:
46.277 (5) (e) A county may use funds received under this subsection to provide supportive, personal or nursing services, as defined in rules promulgated under s. 49.45 (2) (a) 23., to a person who resides in a certified assisted living facility, as defined in s. 50.01 (1d). Funding of the services may not exceed 85% of the statewide medical assistance daily cost of nursing home care, as determined by the department.
27,2257
Section 2257
. 46.277 (5g) (title) of the statutes is amended to read:
46.277 (5g) (title) Limitation Limitations on service.
27,2258
Section 2258
. 46.277 (5g) of the statutes is renumbered 46.277 (5g) (a).
27,2259
Section 2259
. 46.277 (5g) (b) of the statutes is created to read:
46.277 (5g) (b) This section does not apply to the delicensure of a bed of an institution for mental diseases of an individual who is aged 21 to 64, who has a primary diagnosis of mental illness and who otherwise meets the requirements of s. 46.266 (1) (a), (b) or (c).
27,2261
Section 2261
. 46.277 (5r) of the statutes is created to read:
46.277 (5r) Rule making. The department shall promulgate rules that specify conditions of hardship under which the department may grant an exception to the requirement of sub. (5) (d) 3.
27,2263
Section 2263
. 46.278 (1m) (b) of the statutes is amended to read:
46.278 (1m) (b) “Medical assistance" means aid provided under ss. 49.43 to 49.47 subch. IV of ch. 49, except s. 49.468.
27,2266
Section 2266
. 46.278 (6) (e) of the statutes is created to read:
46.278 (6) (e) The department may provide enhanced reimbursement for services under the program for an individual who was relocated to the community by a county department from an intermediate care facility for the mentally retarded that closes under s. 50.03 (14). The enhanced reimbursement rate under this paragraph shall be determined under a formula that is developed by the department.
27,2269
Section 2269
. 46.29 (1) (intro.) of the statutes is amended to read:
46.29 (1) (intro.) From the appropriation under s. 20.435 (6) (d), the department shall allocate up to $12,000 $10,000 in each fiscal year for operation of the council on physical disabilities. The council on physical disabilities shall do all of the following:
27,2270
Section 2270
. 46.293 (title) of the statutes is created to read:
46.293 (title) Specialized programs for the blind and visually impaired.
27,2271
Section 2271
. 46.295 (title) of the statutes is created to read:
46.295 (title) Interpreters for the hearing-impaired.
27,2272
Section 2272
. 46.30 (3) (a) 1. of the statutes is amended to read:
46.30 (3) (a) 1. Administer funds received from the department under sub. (4) and funds from other sources provided to support a community action program.
27,2276c
Section 2276c. 46.30 (4) (a) of the statutes is amended to read:
46.30 (4) (a) The department shall allocate distribute the federal community services block grant funds received under 42 USC 9903 and deposited in the appropriations under s. 20.435 (4) (mc) and (md) and the state supplement under s. 20.435 (4) (cr) as provided in this subsection (6) (mc) and (7) (md).
27,2276d
Section 2276d. 46.30 (4) (cm) of the statutes is renumbered 49.32 (11) and amended to read:
49.32 (11) (title) Community action agencies. The department shall allocate distribute all of the funds under s. 20.435 (4) 20.445 (3) (cr) to community action agencies and organizations, including any of the 11 federally recognized tribal governing bodies in this state and limited-purpose agencies, in proportion to the share of funds actually allocated to these entities under 42 USC 1315 and from other federal and private foundation sources that provide funds for job creation and development for individuals with low incomes.
27,2276e
Section 2276e. 46.30 (4) (d) of the statutes is amended to read:
46.30 (4) (d) Before January 1 of each year the department shall contract with each agency and organization being funded, specifying the amount of money the organization will receive under this section and the activities to be carried out by the organization.
27,2277b
Section 2277b. 46.31 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.37, and 49.37 (1) (intro.) and (3), as renumbered, are amended to read:
49.37 (1) (intro.) From the appropriation under s. 20.435 (4) 20.445 (3) (dk), the department shall allocate funds to new hope project, inc., for a demonstration project that will be conducted in 2 areas in the city of Milwaukee, if all of the following conditions are satisfied:
(3) The contract under sub. (1) (g) shall require an interim evaluation to be submitted to the department no later than January 1, 1993. New hope project, inc., may not use funds appropriated under s. 20.435 (4) 20.445 (3) (dk) to fund the evaluation under sub. (1) (g).
27,2277d
Section 2277d. 46.31 (4) of the statutes is amended to read:
46.31 (4) This section does not apply after June 30, 1995 1997.
27,2278
Section 2278
. 46.32 of the statutes is repealed.
27,2280
Section 2280
. 46.40 (1) of the statutes is renumbered 46.40 (1) (a) and amended to read:
46.40 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute funds for community social, mental health, developmental disabilities and alcohol and other drug abuse services and for services under ss. 46.51, 46.87, 46.98 (2m), (3) and (4g), 46.985 and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437, to county aging units and to private nonprofit organizations as authorized under s. 46.98 (2) (a), as provided in subs. (2) to (12) (8).
27,2281m
Section 2281m. 46.40 (2) of the statutes is amended to read:
46.40 (2) Basic county allocation. For social services under s. 49.52 (1) (d) and services under s. 51.423 (2), the department shall distribute not more than $121,552,100 for the last 6 months of 1993, not more than $246,743,400 for 1994 and not more than $127,281,500 for the first 6 months of 1995 $292,368,400 for fiscal year 1995-96 and $292,109,500 for fiscal year 1996-97.
27,2281s
Section 2281s. 46.40 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:
46.40 (2) Basic county allocation. For social services under s. 49.52 (1) (d) 46.495 (1) (d) and services under s. 51.423 (2), the department shall distribute not more than $292,368,400 for fiscal year 1995-96 and $292,109,500 for fiscal year 1996-97.
27,2282
Section 2282
. 46.40 (2m) of the statutes is created to read:
46.40 (2m) Federal block grant allocations. (a) Prevention and treatment of substance abuse. For prevention and treatment of substance abuse under 42 USC 300x-21 to 300x-35, the department shall distribute not more than $11,087,200 in fiscal year 1995-96 and not more than $11,285,200 in fiscal year 1996-97.
(b) Community mental health services. For community mental health services under 42 USC 300x to 300x-9, the department shall distribute not more than $2,513,400 in fiscal year 1995-96 and not more than $2,513,400 in fiscal year 1996-97.
27,2283
Section 2283
. 46.40 (3) (a) of the statutes is repealed.
27,2284
Section 2284
. 46.40 (3) (b) 1. of the statutes is repealed.
27,2285
Section 2285
. 46.40 (3) (b) 2. of the statutes is repealed.
27,2286
Section 2286
. 46.40 (3) (b) 3. of the statutes, as created by 1993 Wisconsin Act 446, is renumbered 46.40 (1) (b) and amended to read:
46.40 (1) (b) Notwithstanding s. 46.49, if the department receives any federal moneys under 42 USC 670 to 679a in reimbursement of moneys allocated under sub. (1) par. (a) for the provision of foster care, the department shall distribute those federal moneys for services and projects to assist children and families.
27,2287
Section 2287
. 46.40 (3m) of the statutes is repealed.
27,2288
Section 2288
. 46.40 (4) of the statutes is repealed.
27,2289b
Section 2289b. 46.40 (4m) of the statutes is created to read:
46.40 (4m) Low-income child care allocation. For low-income and at-risk child care, the department shall distribute under s. 46.98 (2) not more than $21,404,100 in fiscal year 1995-96 and not more than $21,504,800 in fiscal year 1996-97.
27,2290
Section 2290
. 46.40 (5) of the statutes is repealed.
27,2291
Section 2291
. 46.40 (6) of the statutes is repealed.
27,2292m
Section 2292m. 46.40 (7) of the statutes is amended to read:
46.40 (7) (title) Family support
programs allocation. For family support programs for the families of disabled children under s. 46.985, the department shall distribute not more than $1,506,600 for the last 6 months of 1993, not more than $4,339,800 for 1994 and not more than $2,169,900 for the first 6 months of 1995 $4,339,800 in each fiscal year.
27,2293m
Section 2293m. 46.40 (8) of the statutes is amended to read:
46.40 (8) (title) Alzheimer's family and caregiver support allocation. For services to persons with Alzheimer's disease and their caregivers under s. 46.87, the department shall distribute not more than $938,500 for the last 6 months of 1993, not more than $1,877,000 for 1994 and not more than $938,500 for the first 6 months of 1995 $1,877,000 for each fiscal year.
27,2294
Section 2294
. 46.40 (9) of the statutes is repealed.
27,2295
Section 2295
. 46.40 (10) of the statutes is repealed.
27,2296
Section 2296
. 46.40 (12) of the statutes is repealed.
27,2296m
Section 2296m. 46.40 (14m) of the statutes is created to read:
46.40 (14m) County community aids budgets. Before December 1 of each year, each county department under ss. 46.215, 46.22, 46.23, 51.42 and 51.437 and each tribal governing body shall submit to the department a proposed budget for the expenditure of funds allocated under this section. The proposed budget shall be submitted on a form developed by the department and approved by the department of administration.
27,2297
Section 2297
. 46.45 (intro.) of the statutes is amended to read:
46.45 Carry-over of community aids funds. (intro.) Funds allocated by the department under ss. 46.495 (1) (d), 46.87 (3) (c) 4. and (4), 46.98 (2) (a), 49.52 (1) (d) and 51.423 (2) but not spent or encumbered by counties, governing bodies of federally recognized American Indian tribes or private nonprofit organizations by December 31 of each year and funds recovered under ss. 49.52 (2) (b) 46.495 (2) (b) and 51.423 (15) and deposited in the appropriation under s. 20.435 (7) (b) lapse to the general fund on the succeeding January 1 unless carried forward to the next calendar year under s. 20.435 (7) (b) or as follows:
27,2298
Section 2298
. 46.45 (1) of the statutes is amended to read:
46.45 (1) The department shall carry forward funds allocated for child care under s. 46.98 (2) (a) as provided under s. 20.435 (6) (3) (jg) and (n).
27,2299
Section 2299
. 46.45 (3) (a) of the statutes is amended to read:
46.45 (3) (a) Except as provided in par. (b), at the request of a county, tribal governing body or private nonprofit organization, the department shall carry forward up to 3% of the total amount allocated to the county, tribal governing body or nonprofit organization for a calendar year, except for funds allocated for child care under s. 46.98 (2) (a), for use by the county, tribal governing body or nonprofit organization in the following calendar year. The department may not carry forward more than 25% of the amount distributed to a county, tribal governing body or nonprofit organization for any allocation under s. 46.40 (3) (a), (3m) and (5) to (12). The department may permit a county department or nonprofit organization to carry forward amounts allocated under s. 46.40 (4) (a) for child care services under s. 46.98 (3), as provided in s. 46.40 (4) (b). All funds carried forward for a tribal governing body or nonprofit organization, all federal child welfare funds under 42 USC 620 to 626, federal alcohol, drug abuse and mental health block grant funds under 42 USC 300x to 300x-9 and all child care funds under s. 46.98 (2) (a) and all funds allocated under s. 46.40 (2m) carried forward for a county shall be used for the purpose for which the funds were originally allocated. Except as provided under par. (am), other funds carried forward may be used for any purpose under s. 20.435 (7) (b). If a county match was required by s. 49.52 (1) (d) or 51.423 (2) when funds carried forward were originally distributed, the county match requirement applies to the funds in the following calendar year.
27,2300
Section 2300
. 46.47 (1) of the statutes is renumbered 46.47 and amended to read:
46.47 Community aids performance standards. The department, with the assistance of representatives from counties and human services advocates, after consultation with the department of administration and with county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437, shall develop performance standards for mental health and juvenile justice services funded
by community aids funds allocated under s. 46.40.
These performance standards shall require a performance evaluation of any private sector human service provider receiving community aids funds allocated under s. 46.40. The department shall implement the performance standards no later than July 1, 1996.
27,2301
Section 2301
. 46.47 (2) of the statutes is repealed.
27,2301m
Section 2301m. 46.48 (5) of the statutes is amended to read:
46.48 (5) Alcohol and other drug abuse residential treatment. For funding of at least 8 beds at a community-based residential facility in which English and Spanish are spoken, to provide treatment for alcohol and other drug abuse to residents of a 1st class city, the department may distribute not more than $248,200 for each fiscal year as a grant to the New Beginning residential treatment program in the city of Milwaukee. This paragraph does not apply after June 30, 1995.
27,2301n
Section 2301n. 46.48 (6) (a) of the statutes is renumbered 46.48 (6).
27,2301p
Section 2301p. 46.48 (6) (b) of the statutes is repealed.
27,2302m
Section 2302m. 46.48 (13) of the statutes is amended to read:
46.48 (13) Supported employment opportunities. The department shall distribute not more than $30,000 in the last 6 months of 1993, not more than at least $60,000 for 1994 and not more than $30,000 for the first 6 months of 1995 in each fiscal year for programs to provide supported employment opportunities for severely disabled persons.
27,2303m
Section 2303m. 46.48 (14) of the statutes is amended to read:
46.48 (14) Epilepsy services grants. The department shall distribute not more than $75,000 for the last 6 months of 1993, not more than $150,000 for 1994 and not more than $75,000 for the first 6 months of 1995 in each fiscal year for grants under s. 46.57 for services to persons with epilepsy.
27,2304
Section 2304
. 46.48 (16) (b) of the statutes is created to read:
46.48 (16) (b) In addition to the amounts distributed under par. (a), if the department receives any federal moneys under 45 CFR 1356.60 to match the expenditure of funds under par. (a), the department shall distributed those moneys for the purposes specified in par. (a).
27,2306
Section 2306
. 46.485 (1) of the statutes is amended to read:
46.485 (1) In this section, “severely:
(d) “Severely emotionally disturbed child" has the meaning given in s. 49.45 (25) (a).
