AB150-engrossed,971,32
49.32
(10) (title)
Release of recipient's addresses to law enforcement
3officers.
AB150-engrossed,971,8
549.325 County department budgets and contracts. (1) Budget. (a) Each
6county department under s. 46.215, 46.22 or 46.23 shall submit its final budget for
7services directly provided or purchased under this subchapter to the department by
8December 31 annually.
AB150-engrossed,971,109
(b) The department shall submit a model of the contract under sub. (2g) (a) to
10each county department under s. 46.215, 46.22 or 46.23 by May 1 annually.
AB150-engrossed,971,15
11(2) Assessment of needs. Before developing and submitting a proposed budget
12for services directly provided or purchased under this subchapter to the county
13executive or county administrator or the county board, the county departments listed
14in sub. (1) shall assess needs and inventory resources and services, using an open
15public participation process.
AB150-engrossed,972,5
16(2g) Contract. (a) The department shall annually submit to the county board
17of supervisors in a county with a single-county department or the county boards of
18supervisors in counties with a multicounty department a proposed written contract
19containing the allocation of funds for services directly provided or purchased under
20this subchapter and such administrative requirements as necessary. The contract
21as approved may contain conditions of participation consistent with federal and state
22law. The contract may also include provisions necessary to ensure uniform cost
23accounting of services. Any changes to the proposed contract shall be mutually
24agreed upon. The county board of supervisors in a county with a single-county
25department or the county boards of supervisors in counties with a multicounty
1department shall approve the contract before January 1 of the year in which it takes
2effect unless the department grants an extension. The county board of supervisors
3in a county with a single-county department or the county boards of supervisors in
4counties with a multicounty department may designate an agent to approve addenda
5to any contract after the contract has been approved.
AB150-engrossed,972,86
(b) The department may not approve contracts for amounts in excess of
7available revenues. Actual expenditure of county funds shall be reported in
8compliance with procedures developed by the department.
AB150-engrossed,972,119
(c) The joint committee on finance may require the department to submit
10contracts between county departments under ss. 46.215, 46.22 and 46.23 and
11providers of services under this subchapter to the committee for review and approval.
AB150-engrossed,972,15
12(2r) Withholding funds. (a) The department, after reasonable notice, may
13withhold a portion of the appropriation allocated to a county department under s.
1446.215, 46.22 or 46.23 if the department determines that that portion of the allocated
15appropriation is any of the following:
AB150-engrossed,972,1816
1. For services under this subchapter which duplicate or are inconsistent with
17services being provided or purchased by the department or other county
18departments receiving grants-in-aid or reimbursement from the department.
AB150-engrossed,972,2319
2. Inconsistent with state or federal statutes, rules or regulations, in which case
20the department may also arrange for provision of services under this subchapter by
21an alternate agency. The department may not arrange for provision of services by
22an alternate agency unless the joint committee on finance or a review body
23designated by the committee reviews and approves the department's determination.
AB150-engrossed,972,2524
5. Inconsistent with the provisions of the county department's contract under
25sub. (2g).
AB150-engrossed,973,13
1(b) If the department withholds a portion of the allocable appropriation under
2par. (a), the county department under s. 46.215, 46.22 or 46.23 that is affected by the
3action of the department may submit to the county board of supervisors in a county
4with a single-county department or to its designated agent or the county boards of
5supervisors in counties with a multicounty department or their designated agents
6a plan to rectify the deficiency found by the department. The county board of
7supervisors or its designated agent in a county with a single-county department or
8the county boards of supervisors in counties with a multicounty department or their
9designated agents may approve or amend the plan and may submit for departmental
10approval the plan as adopted. If a multicounty department is administering a
11program, the plan may not be submitted unless each county board of supervisors
12which participated in the establishment of the multicounty department, or its
13designated agent, adopts it.
AB150-engrossed,974,7
14(3) Open public participation process. (a)
Citizen advisory committee. Except
15as provided in par. (b), the county board of supervisors of each county or the county
16boards of supervisors of 2 or more counties jointly shall establish a citizen advisory
17committee to the county departments under ss. 46.215, 46.22 and 46.23. The citizen
18advisory committee shall advise in the formulation of the budget under sub. (1).
19Membership on the committee shall be determined by the county board of
20supervisors in a county with a single-county committee or by the county boards of
21supervisors in counties with a multicounty committee and shall include
22representatives of those persons receiving services, providers of services and
23citizens. A majority of the members of the committee shall be citizens and consumers
24of services. The committee's membership may not consist of more than 25% county
25supervisors, nor of more than 20% services providers. The chairperson of the
1committee shall be appointed by the county board of supervisors establishing it. In
2the case of a multicounty committee, the chairperson shall be nominated by the
3committee and approved by the county boards of supervisors establishing it. The
4county board of supervisors in a county with a single-county committee or the county
5boards of supervisors in counties with a multicounty committee may designate an
6agent to determine the membership of the committee and to appoint the committee
7chairperson or approve the nominee.
AB150-engrossed,974,138
(b)
Alternate process. The county board of supervisors or the boards of 2 or more
9counties acting jointly may submit a report to the department on the open public
10participation process used under sub. (2). The county board of supervisors may
11designate an agent, or the boards of 2 or more counties acting jointly may designate
12an agent, to submit the report. If the department approves the report, establishment
13of a citizen advisory committee under par. (a) is not required.
AB150-engrossed,974,1814
(c)
Yearly report. The county board of supervisors or its designated agent, or
15the boards of 2 or more counties acting jointly or their designated agent, shall submit
16to the department a list of members of the citizen advisory committee under par. (a)
17or a report on the open public participation process under par. (b) on or before July
181 annually.
AB150-engrossed,974,2020
49.33
(1) Definitions. (intro.) In this section:
AB150-engrossed,974,2222
49.33
(3) (title)
Rules.
AB150-engrossed,975,224
49.33
(9) Reimbursement for income maintenance benefits. The department
25shall reimburse each county from the appropriations under s. 20.445 (3) (d) and (p)
1for 100% of the cost of aid to families with dependent children granted under s. 49.19
2and for funeral expenses paid for recipients of aid under s. 49.30.
AB150-engrossed,975,124
49.33
(10) County certification. (a) The county treasurer and each director
5of a county department under s. 46.215, 46.22 or 46.23 shall certify monthly under
6oath to the department in such manner as the department prescribes the claim of the
7county for state reimbursement under subs. (8) and (9) and if the department
8approves such claim it shall certify to the department of administration for
9reimbursement to the county for amounts due under these subsections and payment
10claimed to be made to the counties monthly. The department may make advance
11payments prior to the beginning of each month equal to one-twelfth of the contracted
12amount.
AB150-engrossed,975,1913
(b) To facilitate prompt reimbursement the certificate of the department may
14be based on the certified statements of the county officers filed under par. (a). Funds
15recovered from audit adjustments from a prior fiscal year may be included in
16subsequent certifications only to pay counties owed funds as a result of any audit
17adjustment. By September 30 annually, the department shall submit a report to the
18appropriate standing committees under s. 13.172 (3) on funds recovered and paid out
19during the previous calendar year as a result of audit adjustments.
AB150-engrossed,976,3
2149.34 Purchase of care and services. (1) All services under this subchapter
22purchased by the department or by a county department under s. 46.215, 46.22 or
2346.23 shall be authorized and contracted for under the standards established under
24this section. The department may require the county departments to submit the
25contracts to the department for review and approval. For purchases of $10,000 or
1less the requirement for a written contract may be waived by the department. When
2the department directly contracts for services, it shall follow the procedures in this
3section in addition to meeting purchasing requirements established in s. 16.75.
AB150-engrossed,976,9
4(2) All services purchased under this subchapter shall meet standards
5established by the department and other requirements specified by the purchaser in
6the contract. Based on these standards the department shall establish standards for
7cost accounting and management information systems that shall monitor the
8utilization of the services, and document the specific services in meeting the service
9plan for the client and the objective of the service.
AB150-engrossed,976,14
10(3) (a) Purchase of service contracts shall be written in accordance with rules
11promulgated and procedures established by the department. Contracts for client
12services shall show the total dollar amount to be purchased and for each service the
13number of clients to be served, number of client service units, the unit rate per client
14service and the total dollar amount for each service.
AB150-engrossed,976,1915
(b) Payments under a contract may be made on the basis of actual allowable
16costs or on the basis of a unit rate per client service multiplied by the actual client
17units furnished each month. The contract may be renegotiated when units vary from
18the contracted number. The purchaser shall determine actual marginal costs for
19each service unit less than or in addition to the contracted number.
AB150-engrossed,976,2120
(c) For proprietary agencies, contracts may include a percentage add-on for
21profit according to rules promulgated by the department.
AB150-engrossed,977,222
(d) Reimbursement to an agency may be based on total costs agreed to by the
23parties regardless of the actual number of service units to be furnished, when the
24agency is entering into a contract for a new or expanded service that the purchaser
25recognizes will require a start-up period not to exceed 180 days. This
1reimbursement applies only if identified client needs necessitate the establishment
2of a new service or expansion of an existing service.
AB150-engrossed,977,63
(e) If the purchaser finds it necessary to terminate a contract prior to the
4contract expiration date for reasons other than nonperformance by the provider, the
5actual cost incurred by the provider may be reimbursed in an amount determined by
6mutual agreement of the parties.
AB150-engrossed,977,117
(f) Advance payments of up to one-twelfth of an annual contract may be
8allowed under the contract. If the advance payment exceeds $10,000, the provider
9shall supply a surety bond in an amount equal to the amount of the advance payment
10applied for. No surety bond is required if the provider is a state agency. The cost of
11the surety bond shall be allowable as an expense.
AB150-engrossed,977,13
12(4) For purposes of this section and as a condition of reimbursement, each
13provider under contract shall:
AB150-engrossed,977,1614
(a) Except as provided in this subsection, maintain a uniform double entry
15accounting system and a management information system which are compatible
16with cost accounting and control systems prescribed by the department.
AB150-engrossed,977,1817
(b) Cooperate with the department and purchaser in establishing costs for
18reimbursement purposes.
AB150-engrossed,977,2219
(c) Unless waived by the department, biennially, or annually if required under
20federal law, provide the purchaser with a certified financial and compliance audit
21report if the care and services purchased exceed $25,000. The audit shall follow
22standards that the department prescribes.
AB150-engrossed,977,2423
(d) Transfer a client from one category of care or service to another only with
24the approval of the purchaser.
AB150-engrossed,978,4
1(e) Charge a uniform schedule of fees as specified under s. 49.32 (1) unless
2waived by the purchaser with the approval of the department. Whenever providers
3recover funds attributed to the client, such funds shall offset the amount paid under
4the contract.
AB150-engrossed,978,7
5(5) Except as provided in sub. (5m), the purchaser shall recover from provider
6agencies money paid in excess of the conditions of the contract from subsequent
7payments made to the provider.
AB150-engrossed,978,8
8(5m) (a) In this subsection:
AB150-engrossed,978,119
1. "Provider" means a nonprofit, nonstock corporation organized under ch. 181
10that contracts under this section to provide client services on the basis of a unit rate
11per client service.
AB150-engrossed,978,1612
2. "Rate-based service" means a service or a group of services, as determined
13by the department, that is reimbursed through a prospectively set rate and that is
14distinguishable from other services or groups of services by the purpose for which
15funds are provided for that service or group of services and by the source of funding
16for that service or group of services.
AB150-engrossed,978,2417
(b) 1. Subject to subds. 2. and 3., if revenue under a contract for the provision
18of a rate-based service exceeds allowable costs incurred in the contract period, the
19provider may retain from the surplus generated by that rate-based service up to 5%
20of the contract amount. A provider that retains a surplus under this subdivision
21shall use that retained surplus to cover a deficit between revenue and allowable costs
22incurred in any preceding or future contract period for the same rate-based service
23that generated the surplus or to address the programmatic needs of clients served
24by the same rate-based service that generated the surplus.
AB150-engrossed,979,12
12. Subject to subd. 3., a provider may accumulate funds from more than one
2contract period under this paragraph, except that, if at the end of a contract period
3the amount accumulated from all contract periods for a rate-based service exceeds
410% of the amount of all current contracts for that rate-based service, the provider
5shall, at the request of a purchaser, return to that purchaser the purchaser's
6proportional share of that excess and use any of that excess that is not returned to
7a purchaser to reduce the provider's unit rate per client for that rate-based service
8in the next contract period. If a provider has held for 4 consecutive contract periods
9an accumulated reserve for a rate-based service that is equal to or exceeds 10% of
10the amount of all current contracts for that rate-based service, the provider shall
11apply 50% of that accumulated amount to reducing its unit rate per client for that
12rate-based service in the next contract period.
AB150-engrossed,979,1813
3. If on December 31, 1995, the amount accumulated by a provider from all
14contract periods ending on or before that date for all rate-based services provided by
15the provider exceeds 10% of the provider's total contract amount for all rate-based
16services provided by the provider in 1995, the provider shall, at the request of a
17purchaser, return to that purchaser the purchaser's proportional share of that
18excess.
AB150-engrossed,980,219
(f) All providers that are subject to this subsection shall comply with any
20financial reporting and auditing requirements that the department may prescribe.
21Those requirements shall include a requirement that a provider provide to any
22purchaser and the department any information that the department needs to claim
23federal reimbursement for the cost of any services purchased from the provider and
24a requirement that a provider provide audit reports to any purchaser and the
1department according to standards specified in the provider's contract and any other
2standards that the department may prescribe.
AB150-engrossed,980,4
3(6) Contracts may be renegotiated by the purchaser under conditions specified
4in the contract.
AB150-engrossed,980,6
5(7) The service provider under this section may appeal decisions of the
6purchaser in accordance with terms and conditions of the contract and ch. 68 or 227.
AB150-engrossed,980,13
849.35 Public assistance; supervisory functions of department. (1) (a)
9The department shall supervise the administration of programs under this
10subchapter. The department shall submit to the federal authorities state plans for
11the administration of programs under this subchapter in such form and containing
12such information as the federal authorities require, and shall comply with all
13requirements prescribed to ensure their correctness.
AB150-engrossed,980,2114
(b) All records of the department and all county records relating to programs
15under this subchapter and aid under s. 49.18, 1971 stats., s. 49.20, 1971 stats., and
16s. 49.61, 1971 stats., as affected by
chapter 90, laws of 1973, shall be open to
17inspection at all reasonable hours by authorized representatives of the federal
18government. Notwithstanding s. 48.396 (2), all county records relating to the
19administration of the services and public assistance specified in this paragraph shall
20be open to inspection at all reasonable hours by authorized representatives of the
21department.
AB150-engrossed,981,722
(bm) All records of the department relating to aid provided under s. 49.19 are
23open to inspection at reasonable hours by members of the legislature who require the
24information contained in the records in pursuit of a specific state legislative purpose.
25All records of any county relating to aid provided under s. 49.19 are open to inspection
1at reasonable hours by members of the board of supervisors of the county or the
2governing body of a city, village or town located in the county who require the
3information contained in the records in pursuit of a specific county or municipal
4legislative purpose. The right to records access provided by this paragraph does not
5apply if access is prohibited by federal law or regulation or if this state is required
6to prohibit such access as a condition precedent to participation in a federal program
7in which this state participates.
AB150-engrossed,981,168
(c) The department may at any time audit all county records relating to the
9administration of the services and public assistance specified in this section and may
10at any time conduct administrative reviews of county departments under ss. 46.215,
1146.22 and 46.23. If the department conducts such an audit or administrative review
12in a county, the department shall furnish a copy of the audit or administrative review
13report to the chairperson of the county board of supervisors and the county clerk in
14a county with a single-county department or to the county boards of supervisors and
15the county clerks in counties with a multicounty department, and to the director of
16the county department under s. 46.215, 46.22 or 46.23.
AB150-engrossed,981,18
17(2) The county administration of all laws relating to programs under this
18subchapter shall be vested in the officers and agencies designated in the statutes.
AB150-engrossed,981,24
2049.41 Assistance grants exempt from levy. All grants of aid to families with
21dependent children, payments made for social services,
cash benefits paid by
22counties under s. 59.07 (154), and benefits under
ss. 49.032, 49.046 and s. 49.177 or
23federal Title XVI, are exempt from every tax, and from execution, garnishment,
24attachment and every other process and shall be inalienable.
AB150-engrossed, s. 2940
1Section
2940. 49.41 of the statutes, as affected by 1995 Wisconsin Act .... (this
2act), is renumbered 49.96 and amended to read:
AB150-engrossed,982,7
349.96 Assistance grants exempt from levy. All grants of aid to families with
4dependent children, payments made for social services, cash benefits paid by
5counties under s. 59.07 (154), and benefits under s.
49.177 49.77 or federal Title XVI,
6are exempt from every tax, and from execution, garnishment, attachment and every
7other process and shall be inalienable.
AB150-engrossed, s. 2941
8Section
2941. Subchapter IV (title) of chapter 49 [precedes 49.43] of the
9statutes is created to read:
AB150-engrossed,982,1211
Subchapter IV
12
Medical assistance
AB150-engrossed,982,1717
49.43
(3e) "Department" means the department of health and social services.
AB150-engrossed,982,2219
49.43
(10) "Provider" means a person, corporation, limited liability company,
20partnership, unincorporated business or professional association and any agent or
21employe thereof who provides medical assistance
under ss. 49.45 to 49.47, 49.49 and
2249.495.
AB150-engrossed,982,2424
49.43
(10s) "Secretary" means the secretary of health and social services.
AB150-engrossed,983,3
149.45
(2) (a) 15. Routinely provide notification to persons eligible for medical
2assistance
under ss. 49.46 to 49.47, or such persons' guardians, of the department's
3access to provider records.
AB150-engrossed,983,85
49.45
(2) (a) 23. Promulgate rules that define "supportive services", "personal
6services" and "nursing services" provided in a certified assisted living facility, as
7defined under s. 50.01 (1d), for purposes of reimbursement under ss. 46.27 (11) (c) 7.
8and 46.277 (5) (e).
AB150-engrossed,983,1310
49.45
(2) (b) 4. Audit claims filed by any provider of medical assistance, and as
11part of that audit, request of any such provider, and review, medical records of
12individuals who have received benefits under the medical assistance program
, or
13under s. 49.046.
AB150-engrossed,983,1915
49.45
(3) (a) Reimbursement shall be made to each county department under
16ss. 46.215, 46.22 and 46.23 for the administrative services performed in the medical
17assistance program on the basis of s.
49.52 49.33 (8). For purposes of reimbursement
18under this paragraph, assessments completed under s. 46.27 (6) (a) are
19administrative services performed in the medical assistance program.
AB150-engrossed,984,221
49.45
(3) (e) 7m. Notwithstanding subd. 7., the daily reimbursement or
22payment rate for services at a hospital established under s. 45.375 (1) provided to
23medical assistance recipients whose continued hospitalization is no longer medically
24necessary or appropriate during a period where the recipient awaits placement in an
1alternate custodial living arrangement shall be the skilled nursing facility rate paid
2to the facility created under s. 45.365 (1).
AB150-engrossed,984,74
49.45
(5) Appeal. Any person whose application for medical assistance is
5denied or is not acted upon promptly or who believes that the payments made in the
6person's behalf have not been properly determined may file an appeal with the
7department pursuant to s.
49.50 (8) 49.21 (1).
AB150-engrossed,984,159
49.45
(5m) (a) Notwithstanding sub. (3) (e), from the appropriations under s.
1020.435 (1) (b) and (o) the department shall distribute not more than $2,256,000 in
11each
of fiscal
years 1993-94 and 1994-95 year, to provide supplemental funds to
12rural hospitals that, as determined by the department, have high utilization of
13inpatient services by patients whose care is provided from governmental sources,
14except that the department may not distribute funds to a rural hospital to the extent
15that the distribution would exceed any limitation under
42 USC 1396b (i) (3).
AB150-engrossed,984,1917
49.45
(6b) (a) Beginning in fiscal year
1994-95 1995-96, for relocations from
18the central Wisconsin center for the developmentally disabled, by
$55.77 $220 per
19day.
AB150-engrossed,984,2321
49.45
(6b) (b) Beginning in fiscal year
1994-95 1995-96, for relocations from
22the northern Wisconsin center for the developmentally disabled, by
$49.06 $214 per
23day.