SECTION 2190. 46.26 (4) (g) of the statutes is amended to read:
46.26 (4) (g) For juvenile field and institutional aftercare services under ch. 48 and for the juvenile offender review program in the division of youth services in the department of health and social services, all payments and deductions made under this subsection and uniform fee collections under s. 46.03 (18) shall be deposited in the general fund and shall be treated as a nonappropriated receipt.
SECTION 2190m. 46.26 (4) (g) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.
SECTION 2190r. 46.26 (6) of the statutes is repealed.
SECTION 2191. 46.26 (7) (intro.) of the statutes is amended to read:
46.26 (7) ALLOCATIONS OF FUNDS. (intro.) Within the limits of the availability of federal funds and of the appropriations under s. 20.435 (3) (cd) and (oo), the department shall allocate funds for community youth and family aids for the period beginning July 1, 1993 1995, and ending June 30, 1995 1996, as provided in this subsection to county departments under ss. 46.215, 46.22 and 46.23 as follows:
SECTION 2192g. 46.26 (7) (intro.) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.
SECTION 2192m. 46.26 (7) (a) of the statutes is amended to read:
46.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $36,190,500 $36,569,500 for the last 6 months of 1993, $72,381,000 for 1994 1995 and $36,190,500 $36,569,500 for the first 6 months of 1995 1996.
SECTION 2192p. 46.26 (7) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.
SECTION 2193. 46.26 (7) (b) 1. of the statutes is amended to read:
46.26 (7) (b) 1. For an adjustment to compensate selected counties, amounts not to exceed $4,991,100 for the last 6 months of 1993, $5,991,300 for 1994 1995 and $1,000,200 for the first 6 months of 1995 1996.
SECTION 2193m. 46.26 (7) (b) 1. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.
SECTION 2194. 46.26 (7) (b) 2. of the statutes is amended to read:
46.26 (7) (b) 2. To determine eligibility for payments under this paragraph for fiscal year 1993-94 1995-96, the department shall determine a percentage for each county by dividing the combined number of 1990 1992 and 1991 1993 assaultive and total Part I juvenile arrests in a county by the population of that county under 18 years of age. A county having a percentage exceeding 3.5% is eligible to receive these payments.
SECTION 2195. 46.26 (7) (b) 2. of the statutes, as affected by 1995 Wisconsin Act .... (this act), section 2194, is repealed and recreated to read:
46.26 (7) (b) 2. To determine eligibility for payments under this paragraph for fiscal year 1995-96, the department shall determine a percentage for each county by dividing the combined number of 1992 and 1993 assaultive and total Part I juvenile arrests in a county by the population of that county under 17 years of age. A county having a percentage exceeding 3.5% is eligible to receive these payments.
SECTION 2195m. 46.26 (7) (b) 2. of the statutes, as affected by 1995 Wisconsin Act .... (this act), sections 2194 and 2195, is repealed.
SECTION 2196. 46.26 (7) (b) 3. of the statutes is repealed.
SECTION 2196m. 46.26 (7) (b) 4. and 5. of the statutes are repealed.
SECTION 2197. 46.26 (7) (bn) of the statutes is amended to read:
46.26 (7) (bn) For counties not eligible for payments under par. (b), amounts not to exceed $100,000 for the last 6 months of 1993, $200,000 for 1994 1995 and $100,000 for the first 6 months of 1995 1996.
SECTION 2197m. 46.26 (7) (bn) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.
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.
SECTION 2198p. 46.26 (7) (e) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.
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).
SECTION 2200. 46.26 (7) (f) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.
SECTION 2201. 46.26 (7) (g) of the statutes is repealed.
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.
SECTION 2202p. 46.26 (7) (h) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.
SECTION 2203g. 46.26 (8) (title) of the statutes is repealed.
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.
SECTION 2203p. 46.26 (8) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.
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.
SECTION 2204m. 46.26 (8) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.
SECTION 2205. 46.262 of the statutes is repealed.
SECTION 2205m. 46.263 (title) of the statutes is repealed and recreated to read:
46.263 (title) Community intervention program.
SECTION 2205p. 46.263 (title) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.
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.
SECTION 2206m. 46.263 (1) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.
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).
SECTION 2207m. 46.263 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.
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.
SECTION 2208m. 46.263 (3) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.
SECTION 2208p. 46.265 (title) and (1) of the statutes are repealed.
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.
SECTION 2209p. 46.265 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.
SECTION 2209r. 46.265 (3) of the statutes is repealed.
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).
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.
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).
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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:
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.
