AB150-engrossed, s. 2204m
8Section 2204m. 46.26 (8) (b) of the statutes, as affected by 1995 Wisconsin Act
9.... (this act), is repealed.
AB150-engrossed,779,12
1246.263 (title)
Community intervention program.
AB150-engrossed, s. 2205p
13Section 2205p. 46.263 (title) of the statutes, as affected by 1995 Wisconsin Act
14.... (this act), is repealed.
AB150-engrossed,779,1916
46.263
(1) From the appropriation under s. 20.435 (3) (f), the department shall
17distribute
$2,500,000 in the first 6 months of 1995
$3,750,000 in each year to counties
18for early intervention services for first offenders and for intensive community-based
19intervention services for seriously chronic offenders.
AB150-engrossed, s. 2206m
20Section 2206m. 46.263 (1) of the statutes, as affected by 1995 Wisconsin Act
21.... (this act), is repealed.
AB150-engrossed,780,423
46.263
(2) To determine eligibility for a payment under sub. (1), the department
24shall require a county to submit a plan for the expenditure of that payment that
25ensures that the county targets the programs to be funded under that payment
1appropriately
and that ensures that the county maintains or increases its aggregate
2expenditures from sources other than that payment for juvenile delinquency-related
3services at or above the average level of those expenditures in the 2 years preceding
4the year in which the payment is made under sub. (1).
AB150-engrossed, s. 2207m
5Section 2207m. 46.263 (2) of the statutes, as affected by 1995 Wisconsin Act
6.... (this act), is repealed.
AB150-engrossed,780,228
46.263
(3) The department shall distribute 33% of the amounts distributed
9under sub. (1) based on each county's proportion of the
number of children who are
10taken into custody statewide for alleged violations that are punishable as a Class A
11or a Class B felony if committed by an adult violent Part I juvenile arrests reported
12statewide under the uniform crime reporting system of the office of justice assistance
13in the department of administration, during the most recent 2-year period for which
14that information is available. The department shall distribute 33% of the amounts
15distributed under sub. (1) based on each county's proportion of the number of
16children statewide who are placed in a juvenile correctional institution, during the
17most recent 2-year period for which that information is available. The department
18shall distribute 34% of the amounts distributed under sub. (1) based on each county's
19proportion of the
number of total Part I juvenile
offenses arrests reported statewide
20under the uniform crime reporting system of the
Wisconsin department office of
21justice
assistance, during the most recent 2-year period for which that information
22is available.
AB150-engrossed, s. 2208m
23Section 2208m. 46.263 (3) of the statutes, as affected by 1995 Wisconsin Act
24.... (this act), is repealed.
AB150-engrossed,781,52
46.265
(2) From the appropriation under s. 20.435 (3)
(cx) (p), the department
3shall allocate $300,000 in each fiscal year to the organization that it has contracted
4with under sub. (1) for alcohol and other drug abuse education and treatment
5services for participants in that organization's youth diversion program.
AB150-engrossed, s. 2209p
6Section 2209p. 46.265 (2) of the statutes, as affected by 1995 Wisconsin Act
7.... (this act), is repealed.
AB150-engrossed,781,1110
46.27
(1) (ai) "Community-based residential facility" means a facility that
11meets the definition in s. 50.01 (1g) and that is licensed under s. 50.03 (1).
AB150-engrossed,781,1913
46.27
(2) (d) In consultation with representatives of counties, hospitals and
14nursing homes and with recipients of long-term community support services,
15develop guidelines for implementing the program and criteria for reviewing
16community options plans from counties participating in the program. The guidelines
17and criteria shall address cost-effectiveness, scope, feasibility and impact on the
18quality and appropriateness of health
services and social services and shall provide
19counties with maximum flexibility to develop programs that address local needs.
AB150-engrossed, s. 2211
20Section
2211. 46.27 (2) (h) of the statutes is renumbered 46.27 (2) (h) (intro.)
21and amended to read:
AB150-engrossed,781,2222
46.27
(2) (h) (intro.) Promulgate
all of the following as rules
to adopt:
AB150-engrossed,782,2
231. Adoption of a long-term community support service fee schedule as part of
24the uniform fee schedule under s. 46.03 (18) that is substantially similar to the fee
1calculation schedule existing on January 1, 1985, that was developed as a part of the
2guidelines required under par. (d).
AB150-engrossed,782,54
46.27
(2) (h) 2. Conditions of hardship under which the department may grant
5an exception to the requirement of sub. (6r) (c).
AB150-engrossed,782,127
46.27
(2) (i) Review and approve or disapprove waiver requests under sub. (3)
8(f), review and approve or disapprove requests for exceptions under sub. (6r) (c) and
9provide technical assistance to a county that reaches or exceeds the annual allocation
10limit specified in sub. (3) (f) in order to explore alternative methods of providing
11long-term community support services for persons who are in group living
12arrangements in that county.
AB150-engrossed,782,1714
46.27
(2) (j) By January 1, 1997, develop a model contract for use by counties
15for purchase of long-term community support services for persons who reside in
16community-based residential facilities. The governor and the joint committee on
17finance shall approve the model contract before it is implemented.
AB150-engrossed,782,2419
46.27
(3) (e) 1. For a county with an annual allocation for provision of long-term
20community support services under sub. (7) (b)
1m. that exceeds $185,000, the
21department shall, unless the department finds that an emergency or unusual
22circumstance exists, designate a portion of the county's allocation for increased
23service in each calendar year that the county fails to meet the requirement, to one
24or more of the groups specified under sub. (4) (a) 1. a. to e.
AB150-engrossed,783,5
146.27
(3) (e) 2. For a county with an annual allocation for provision of long-term
2community support services under sub. (7) (b)
1m. that is $185,000 or less, the
3department may designate a portion of the county's allocation for increased service
4in each calendar year that the county fails to meet the requirement, to one or more
5of the groups specified under sub. (4) (a) 1. a. to e.
AB150-engrossed,783,167
46.27
(3) (f) Beginning on January 1, 1996, from the annual allocation to the
8county for the provision of long-term community support services under subs. (7) (b)
9and (11), annually establish a maximum total amount, not to exceed 25% of the
10annual allocation, that may be encumbered in a calendar year for services for eligible
11individuals in community-based residential facilities. If the total amount that is
12encumbered for services for individuals in community-based residential facilities
13who are receiving services under sub. (7) (b) on January 1, 1996, exceeds 25% of the
14county's annual allocation, a county may request a waiver of the requirement under
15this paragraph from the department. The department need not promulgate as rules
16under ch. 227 the standards for granting a waiver request under this paragraph.
AB150-engrossed,783,2118
46.27
(4) (c) 4. A description of the method to be used to coordinate the use of
19funds received under this program with the use of other funds allocated to the county
20under ss.
46.495 (1) (d), 46.80 (5)
,
and 46.85 (3m) (b) 1. and 2.
and 49.52 (1) (d) and
21to county departments under s. 51.423.
AB150-engrossed,784,523
46.27
(5) (b) Within the limits of state and federal funds allocated under sub.
24(7), arrange service contracts under s. 46.036 and ensure the provision of necessary
25long-term community support services for each person who meets the criteria
1specified in sub. (6) (b).
No county department or aging unit may use funds allocated
2under sub. (7) (b) to provide services in any community-based residential facility
3unless the county department or aging unit uses as a service contract the approved
4model contract developed under sub. (2) (j) or a contract that includes all of the
5provisions of the approved model contract.
AB150-engrossed,785,27
46.27
(5) (i) In the instances in which an individual who is provided long-term
8community support services under par. (b) for which the individual receives direct
9funding, serve directly as a fiscal agent or contract with a fiscal intermediary to serve
10as a fiscal agent for that individual for the purposes of performing the responsibilities
11and protecting the interests of the individual under the unemployment
12compensation law. The county department or aging unit may elect to act as a fiscal
13agent or contract with a fiscal intermediary to serve as a fiscal agent for an individual
14who is provided long-term support services under s. 46.275, 46.277, 46.278,
49.52,
1546.495, 51.42 or 51.437. The fiscal agent under this paragraph is responsible for
16remitting any federal unemployment compensation taxes or state unemployment
17compensation contributions owed by the individual, including any interest and
18penalties which are owed by the individual; for serving as the representative of the
19individual in any investigation, meeting, hearing or appeal involving ch. 108 or the
20federal unemployment tax act (
26 USC 3301 to
3311) in which the individual is a
21party; and for receiving, reviewing, completing and returning all forms, reports and
22other documents required under ch. 108 or the federal unemployment tax act on
23behalf of the individual. An individual may make an informed, knowing and
24voluntary election to waive the right to a fiscal agent. The waiver may be as to all
1or any portion of the fiscal agent's responsibilities. The waiver may be rescinded in
2whole or in part at any time.
AB150-engrossed,785,84
46.27
(6) (a) 1. Within the limits of state and federal funds allocated under sub.
5(7)
and within the limits of fees collected, an assessment shall be conducted for any
6person identified in sub. (5) (e) or who is seeking admission to or is about to be
7admitted to a nursing home.
A fee may be charged, unless prohibited, for the
8assessment.
AB150-engrossed,785,1210
46.27
(6) (b) (intro.) Within the limits of state and federal funds allocated under
11sub. (7)
and within the limits of fees collected unless prohibited, a community
12services case plan shall be developed for any person with chronic disabilities:
AB150-engrossed,785,1814
46.27
(6) (c) The amount of any fee charged for conduct of an assessment under
15par. (a) or for development of a case plan under par. (b) shall be in accordance with
16a sliding scale formula established by the department by rule under sub. (12) (c). A
17fee may not be charged if prohibited under
42 USC 1396 to
1396v or under
18regulations under
42 USC 1396 to
1396v.
AB150-engrossed,786,320
46.27
(6r) (a) A person who is initially eligible for services under sub. (7) (b),
21for whom home and community-based services are available under sub. (11)
or s.
2246.275, 46.277 or 46.278 that require less total expenditure of state funds than do
23comparable services under sub. (7) (b) and who is eligible for and offered the home
24and community-based services under sub. (11)
or s. 46.275, 46.277 or 46.278, but who
25declines the offer, except that a county may use funds received under sub. (7) (b) to
1pay for long-term community support services for the person for a period of up to 90
2days during which an application for services under sub. (11)
or s. 46.275, 46.277 or
346.278 for the person is processed.
AB150-engrossed,786,105
46.27
(6r) (c) A person who resides or intends to reside in a community-based
6residential facility and who is initially applying for long-term community support
7services, if the projected cost of services for the person, plus the cost of services for
8existing participants, would cause the county to exceed the limitation under sub. (3)
9(f), unless the department grants an exception to the requirement under this
10paragraph, under the conditions specified by rule, to avoid hardship to the person.
AB150-engrossed,786,1412
46.27
(6r) (e) A person who has not resided in this state for at least 180
13consecutive days before applying for or receiving long-term community support
14services that are funded under sub. (7) (b).
AB150-engrossed,786,2116
46.27
(6u) (c) 2. For a person who is determined to be financially eligible under
17subd. 1. calculate, by use of the uniform fee system under s. 46.03 (18), the amount
18of cost sharing required for receipt of long-term community support services
19provided under sub. (5) (b). The county department or aging unit shall require
20payment by the person of
at least 50% 100% of the amount calculated under this
21subdivision.
AB150-engrossed,787,523
46.27
(7) (am) From the appropriation under s. 20.435 (7) (bd), the department
24shall allocate funds to each county or private nonprofit agency with which the
25department contracts to pay assessment and case plan costs under sub. (6) not
1otherwise paid
by fee or under s. 46.032 or 49.45. The department shall reimburse
2counties for the cost of assessing persons eligible for medical assistance under s.
349.46, 49.468 or 49.47 as part of the administrative services of medical assistance,
4payable under s. 49.45 (3) (a). Counties may use unspent funds allocated under this
5paragraph to pay the cost of long-term community support services.
AB150-engrossed, s. 2224
6Section
2224. 46.27 (7) (am) of the statutes, as affected by 1995 Wisconsin Act
7.... (this act), is amended to read:
AB150-engrossed,787,158
46.27
(7) (am) From the appropriation under s. 20.435 (7) (bd), the department
9shall allocate funds to each county or private nonprofit agency with which the
10department contracts to pay assessment and case plan costs under sub. (6) not
11otherwise paid by fee or under s.
46.032 49.33 (2) or 49.45. The department shall
12reimburse counties for the cost of assessing persons eligible for medical assistance
13under s. 49.46, 49.468 or 49.47 as part of the administrative services of medical
14assistance, payable under s. 49.45 (3) (a). Counties may use unspent funds allocated
15under this paragraph to pay the cost of long-term community support services.
AB150-engrossed,788,317
46.27
(7) (b) 1m. From the
appropriation appropriations under s. 20.435 (7) (bd)
18and (im), the department shall allocate funds to each county to pay the cost of
19providing long-term community support services under sub. (5) (b) not otherwise
20paid under s. 49.45 to persons eligible for medical assistance under s. 49.46 or 49.47
21or to persons whom the county department or aging unit administering the program
22finds likely to become medically indigent within 6 months by spending excess income
23or assets for medical or remedial care. The average per person reimbursement under
24this paragraph may not exceed the state share of the average per person payment
25rate the department expects under s. 49.45 (6m). The county department or aging
1unit administering the program may spend funds received under this paragraph
2only in accordance with the case plan and service contract created for each person
3receiving long-term community support services.
AB150-engrossed,788,85
46.27
(7) (b) 1r. Reimbursement under this paragraph for long-term
6community support services provided to a person in a month may not exceed the
7average monthly cost of nursing home care, as determined by the department, except
8that this limitation does not apply to any of the following:
AB150-engrossed,788,99
a. A person under the age of 22.
AB150-engrossed,788,1010
b. A ventilator-dependent person.
AB150-engrossed,788,1711
c. A person not specified under subd. 1r. a. or b., if the department determines
12that the cost of providing the person with nursing home care would exceed the cost
13of providing the person with care in the community. In making this determination,
14the department shall consider the actual nursing home costs of that person and the
15extent to which publicly funded costs or, if the person is ineligible for medical
16assistance under s. 49.46, 49.468 or 49.47, private costs for nursing home care would
17actually exceed the cost of providing the person with care in the community.
AB150-engrossed,788,1918
d. Any individual, if the department determines that nursing home care is not
19available for that individual.
AB150-engrossed,788,2120
e. Any individual, if the department determines that public funding is not
21available for the institutional care of that individual.
AB150-engrossed, s. 2227
22Section
2227. 46.27 (7) (b) 2. of the statutes is renumbered 46.27 (7) (cg) and
23amended to read:
AB150-engrossed,789,224
46.27
(7) (cg) No county may use funds received under
this paragraph par. (b) 25to pay for long-term community support services provided any person who resides
1in a nursing home, unless the department waives this restriction on use of funds and
2the services are provided in accordance with a discharge plan.
AB150-engrossed,789,54
46.27
(7) (c) 2. Receipt of funds under this section is subject to s.
49.52 (2) 46.495
5(2).
AB150-engrossed,789,107
46.27
(7) (cm) 1. Beginning on January 1, 1996, no county, private nonprofit
8agency or aging unit may use funds received under par. (b) to provide services in any
9community-based residential facility that has more than 8 beds, unless one of the
10following applies:
AB150-engrossed,789,1311
a. The department approves the provision of services in a community-based
12residential facility that is licensed on the effective date of this subd. 1. a. .... [revisor
13inserts date], and that meets standards established under subd. 2.
AB150-engrossed,789,1814
b. The department approves the provision of services in a community-based
15residential facility that entirely consists of independent apartments, each of which
16has an individual lockable entrance and exit and individual separate kitchen,
17bathroom, sleeping and living areas, to individuals who are provided services under
18sub. (5) (b) and are physically disabled or are at least 65 years of age.
AB150-engrossed,789,2219
2. By January 1, 1996, the department shall establish standards for approvals
20made under subd. 1. a., including whether the proposed use of funds for residents at
21the community-based residential facility in question adequately provides for all of
22the following:
AB150-engrossed,789,2323
a. Sufficient responsiveness to individual resident needs.
AB150-engrossed,789,2424
b. Maintenance of approved levels of quality of care.
AB150-engrossed,789,2525
c. Cost effectiveness, in comparison with other feasible funding uses.
AB150-engrossed,790,2
1d. Sufficient consideration of care for facility residents with dementia or related
2conditions.
AB150-engrossed,790,43
3. The department need not promulgate as rules under ch. 227 the standards
4required to be established under subd. 2.
AB150-engrossed,790,75
4. This paragraph does not apply to individuals who are receiving services
6under this section that are funded under par. (b) and who are residing in
7community-based residential facilities with more than 8 beds on January 1, 1996.
AB150-engrossed,790,99
46.27
(7g) Recovery of costs of care.
(a) In this subsection:
AB150-engrossed,790,1110
1. "Client" means a person who receives or received long-term community
11support services that are funded under sub. (7).