SECTION 2195. 46.26 (7) (b) 2. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read: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.
****NOTE: This is reconciled s. 46.26 (7) (b) 2. This section has been affected by drafts with the following LRB #'s: -2478/2 and -2772/3.
SECTION 2196. 46.26 (7) (b) 3. of the statutes is repealed.
****NOTE: This is reconciled s. 46.26 (7) (b) 3. This SECTION has been affected by drafts with the following LRB numbers: 2478/2 and 2772/3.
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 2198. 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 1995, $250,000 for 1994 1996 and $125,000 for the first 6 months of 1995 1997. A county is eligible for payments under this paragraph only if it has a population of not more than 45,000.
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 $2,184,600 for the last 6 months of 1993, $1,552,200 for 1994 and $1,469,300 1995 and $2,353,700 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 (this act), is repealed.
SECTION 2201. 46.26 (7) (g) of the statutes is repealed.
SECTION 2202. 46.26 (7) (h) of the statutes is repealed.
SECTION 2203. 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 1995, $1,333,400 in 1994 1996 and $666,700 in the first 6 months of 1995 1997 for alcohol and other drug abuse treatment programs.
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 2205. 46.262 of the statutes is repealed.
SECTION 2206. 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 each year to counties for early intervention services for first offenders and for intensive community-based intervention services for seriously chronic offenders.
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 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 offenses 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 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 2209. 46.265 (2) of the statutes is repealed.
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, 1996, 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.
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 model contract developed under sub. (2) (j) or a contract that includes all of the provisions of the 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 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.
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.
SECTION 2223. 46.27 (6r) (d) of the statutes is created to read:
46.27 (6r) (d) A person as specified in sub. (11m).
****NOTE: This is reconciled s. 46.27 (6r) (d). This section has been affected by a draft with the following LRB #: 0450/3.
SECTION 2224. 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 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.
SECTION 2225. 46.27 (7) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:
46.27 (7) (b) From Except as specified in sub. (11m), from the appropriation under s. 20.435 (7) (bd), 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.
****NOTE: This is reconciled s. 46.27 (7) (b). This section has been affected by a draft with the following LRB #: 0448/2.
SECTION 2226. 46.27 (7) (b) 1m. of the statutes is renumbered 46.27 (7) (b).
SECTION 2227. 46.27 (7) (b) 2. of the statutes is renumbered 46.27 (7) (cg) and amended to read:
46.27 (7) (cg) No county may use funds received under this paragraph par. (b) to pay for long-term community support services provided any person who resides in a nursing home, unless the department waives this restriction on use of funds and the services are provided in accordance with a discharge plan.
SECTION 2228. 46.27 (7) (c) 2. of the statutes is amended to read:
46.27 (7) (c) 2. Receipt of funds under this section is subject to s. 49.52 (2) 46.495 (2).
SECTION 2229. 46.27 (7) (cm) of the statutes is created to read:
46.27 (7) (cm) 1. Beginning on January 1, 1996, no county, private nonprofit agency or aging unit may use funds received under par. (b) to provide services in any community-based residential facility, as defined in s. 50.01 (1g), that has more than 8 beds, unless one of the following applies:
a. The department approves the provision of services in a community-based residential facility that meets standards established under subd. 2.
b. The department approves the provision of services in a community-based residential facility that entirely consists of independent apartments, each of which has an individual lockable entrance and exit and individual separate kitchen, bathroom, sleeping and living areas, to individuals who are provided services under sub. (5) (b) and are physically disabled or are at least 65 years of age.
2. By January 1, 1996, the department shall establish standards for approvals made under subd. 1. a., including whether the proposed use of funds for residents at the community-based residential facility in question adequately provides for all of the following:
a. Sufficient responsiveness to individual resident needs.
b. Maintenance of approved levels of quality of care.
c. Cost effectiveness, in comparison with other feasible funding uses.
d. Sufficient consideration of care for facility residents with dementia or related conditions.
3. The department need not promulgate as rules under ch. 227 the standards required to be established under subd. 2.
4. This paragraph does not apply to individuals who are receiving services under this section that are funded under par. (b) and who are residing in community-based residential facilities with more than 8 beds on January 1, 1996.
SECTION 2230. 46.27 (7m) of the statutes is amended to read:
46.27 (7m) RIGHT TO HEARING. A person who is denied eligibility for services or whose services are reduced or terminated under this section may request a hearing from the department under s. 227.44, except that lack of adequate funding or a denial under sub. (6r) (a) or (d) may not serve as the basis for a request under this subsection.
SECTION 2231. 46.27 (11) (am) of the statutes is amended to read:
46.27 (11) (am) The department shall request a waiver from the secretary of the federal department of health and human services, under 42 USC 1396n (c), authorizing the department to provide as part of the medical assistance program, except as specified in sub. (11m), home and community-based services for persons who are eligible for long-term support community options program services under sub. (5) (b).
SECTION 2232. 46.27 (11) (c) 7. of the statutes is created to read:
46.27 (11) (c) 7. 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 an assisted living facility, as defined in s. 50.01 (1d). Funding of the services may not exceed 85% of the statewide rate for reimbursement under s. 49.45 (6m), as determined by the department under s. 49.45 (6m) (L).
SECTION 2233. 46.27 (11) (c) 8. of the statutes is created to read:
46.27 (11) (c) 8. No county, private nonprofit agency or aging unit may use funds received under this subsection to provide services in any community-based residential facility unless the county, agency or aging unit uses as a service contract the model contract developed under sub. (2) (j) or a contract that includes all of the provisions of the model contract.
****NOTE: This is reconciled s. 46.27 (11) (c) 8. This SECTION has been affected by a draft with the following LRB number: -0453/2.
SECTION 2234. 46.27 (11) (cm) of the statutes is created to read:
46.27 (11) (cm) 1. The department shall request from the secretary of the federal department of health and human services an amendment to the waiver specified in par. (am) to allow the department to receive federal financial participation to continue to provide, notwithstanding sub. (11m), long-term community support services that substitute for the benefit under s. 49.46 (2) (a) 4. a. or (b) 6. a. to an individual who is eligible for medical assistance only under s. 49.47; who was receiving the services, provided as a medical assistance benefit, on January 1, 1996; and who has continued to receive those services or the services, provided as a medical assistance benefit, that are described in s. 46.275 (5g), 46.277 (5g) (c) or 46.278 (6m) or specified in s. 49.46 (2) (a) 4. c. or (b) 6. a. since that date.
2. If the waiver amendment under subd. 1. is granted and remains in effect, the department shall provide the services described in subd. 1. to individuals covered by the waiver amendment, notwithstanding sub. (11m).
****NOTE: This is reconciled s. 46.27 (11) (cm) 1. This section has been affected by a draft with the following LRB #: 0444/1.
SECTION 2235. 46.27 (11m) of the statutes is created to read:
46.27 (11m) LIMITATION. The department may not allocate funds to a county to provide long-term community support services that substitute for the benefit under s. 49.46 (2) (a) 4. a. or (b) 6. a. for persons who meet the condition specified under sub. (6r) (b) 1. but who are eligible for medical assistance only under s. 49.47.
SECTION 2236. 46.275 (1m) (a) of the statutes is amended to read:
46.275 (1m) (a) "Medical assistance" means aid provided under ss. 49.43 to 49.47 subch. IV of ch. 49, except s. 49.468.
SECTION 2237. 46.275 (2) (intro.) of the statutes is amended to read:
