AB150: Bill Text

AB150,862,6 46.26 (4) (dm) The department of health and social services corrections shall promulgate rules to provide rates under par. (d) 2., 3. and to 4. for maintaining a person in an adult correctional institution. The rate shall not vary according to the adult correctional institution where a person is placed. The rate shall reflect the average daily cost associated with maintaining prisoners in adult correctional institutions.

****Note: This is reconciled s. 46.26 (4) (dm). This Section has been affected by drafts with the following LRB numbers: 2479/4 and 2772/3.

AB150, s. 2185 Section 2185. 46.26 (4) (dr) of the statutes, as created by 1993 Wisconsin Act 377, is amended to read:

AB150,862,12 46.26 (4) (dr) For youthful serious juvenile offender services provided by the department of health and social services under s. 48.34 (4g), all payments received from the department of corrections under s. 48.537 (6) shall be deposited in the appropriation account under s. 20.435 (3) (k).

AB150, s. 2186 Section 2186. 46.26 (4) (dt) of the statutes is created to read:

AB150,862,16 46.26 (4) (dt) For serious juvenile offender services provided by the department of corrections under s. 48.537 (3) (a) 1., all uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation account under s. 20.410 (1) (hm).

****Note: This is reconciled s. 46.26 (4) (dt). This Section has been affected by drafts with the following LRB numbers: 2479/4 and 2481/3.

AB150, s. 2187 Section 2187. 46.26 (4) (ed) of the statutes is created to read:

AB150,862,21 46.26 (4) (ed) For foster care, treatment foster care, group home care and institutional child care to serious juvenile offenders under ss. 48.533 (3) and (8), 48.557 and 49.19 (10) (d) all uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation under s. 20.410 (1) (ho).

****Note: This is reconciled s. 46.26 (4) (ed). This Section has been affected by drafts with the following LRB numbers: 2479/4 and 2481/3.

AB150, s. 2188 Section 2188. 46.26 (4) (eg) of the statutes is repealed.

AB150, s. 2189 Section 2189. 46.26 (4) (f) of the statutes is amended to read:

AB150,863,8 46.26 (4) (f) For services under s. 51.35 (3), payments made under sub. (4) par. (d) for services to children who are ineligible for medical assistance under s. 49.46 or 49.47 subch. IV of ch. 49 and uniform fee collections under s. 46.03 (18) shall be deposited in the appropriation under s. 20.435 (2) (gk) and all other payments made under this subsection shall be deposited in the general fund and treated as a nonappropriated receipt.

AB150, s. 2190 Section 2190. 46.26 (4) (g) of the statutes is amended to read:

AB150,863,14 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.

AB150, s. 2191 Section 2191. 46.26 (7) (intro.) of the statutes is amended to read:

AB150,863,20 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 1997, as provided in this subsection to county departments under ss. 46.215, 46.22 and 46.23 as follows:

AB150, s. 2192 Section 2192. 46.26 (7) (a) of the statutes is amended to read:

AB150,863,25 46.26 (7) (a) For community youth and family aids under this section, amounts not to exceed $36,190,500 $38,030,400 for the last 6 months of 1993, $72,381,000 for 1994 and $36,190,500 1995, $38,030,400 for the first 6 months of 1996, $34,467,700 for the last 6 months of 1996 and $30,572,700 for the first 6 months of 1995 1997.

AB150, s. 2193 Section 2193. 46.26 (7) (b) 1. of the statutes is amended to read:

AB150,864,4 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.

AB150, s. 2194 Section 2194. 46.26 (7) (b) 2. of the statutes is amended to read:

AB150,864,11 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.

AB150, s. 2195 Section 2195. 46.26 (7) (b) 2. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

AB150,864,18 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.

AB150, s. 2196 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.

AB150, s. 2197 Section 2197. 46.26 (7) (bn) of the statutes is amended to read:

AB150,865,3 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.

AB150, s. 2198 Section 2198. 46.26 (7) (e) of the statutes is amended to read:

AB150,865,9 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.

AB150, s. 2199 Section 2199. 46.26 (7) (f) of the statutes is amended to read:

AB150,865,15 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).

AB150, s. 2200 Section 2200. 46.26 (7) (f) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

AB150, s. 2201 Section 2201. 46.26 (7) (g) of the statutes is repealed.

AB150, s. 2202 Section 2202. 46.26 (7) (h) of the statutes is repealed.

AB150, s. 2203 Section 2203. 46.26 (8) (a) of the statutes is amended to read:

AB150,865,24 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.

AB150, s. 2204 Section 2204. 46.26 (8) (b) of the statutes is amended to read:

AB150,866,4 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.

AB150, s. 2205 Section 2205. 46.262 of the statutes is repealed.

AB150, s. 2206 Section 2206. 46.263 (1) of the statutes is amended to read:

AB150,866,10 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.

AB150, s. 2207 Section 2207. 46.263 (2) of the statutes is amended to read:

AB150,866,18 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).

AB150, s. 2208 Section 2208. 46.263 (3) of the statutes is amended to read:

AB150,867,9 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.

AB150, s. 2209 Section 2209. 46.265 (2) of the statutes is repealed.

AB150, s. 2210 Section 2210. 46.27 (2) (d) of the statutes is amended to read:

AB150,867,18 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.

AB150, s. 2211 Section 2211. 46.27 (2) (h) of the statutes is renumbered 46.27 (2) (h) (intro.) and amended to read:

AB150,867,21 46.27 (2) (h) (intro.) Promulgate all of the following as rules to adopt:

AB150,867,25 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).

AB150, s. 2212 Section 2212. 46.27 (2) (h) 2. of the statutes is created to read:

AB150,868,3 46.27 (2) (h) 2. Conditions of hardship under which the department may grant an exception to the requirement of sub. (6r) (c).

AB150, s. 2213 Section 2213. 46.27 (2) (i) of the statutes is created to read:

AB150,868,10 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.

AB150, s. 2214 Section 2214. 46.27 (2) (j) of the statutes is created to read:

AB150,868,14 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.

AB150,868,15 Section 2215 . 46.27 (3) (e) 1. of the statutes is amended to read:

AB150,868,21 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.

AB150, s. 2216 Section 2216. 46.27 (3) (e) 2. of the statutes is amended to read:

AB150,869,2 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.

AB150, s. 2217 Section 2217. 46.27 (3) (f) of the statutes is created to read:

AB150,869,13 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.

AB150, s. 2218 Section 2218. 46.27 (4) (c) 4. of the statutes is amended to read:

AB150,869,18 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.

AB150, s. 2219 Section 2219. 46.27 (5) (b) of the statutes is amended to read:

AB150,870,2 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.

AB150, s. 2220 Section 2220. 46.27 (5) (i) of the statutes is amended to read:

AB150,870,23 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.

AB150, s. 2221 Section 2221. 46.27 (6r) (a) of the statutes is amended to read:

AB150,871,9 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.

AB150, s. 2222 Section 2222. 46.27 (6r) (c) of the statutes is created to read:

AB150,871,16 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.

AB150, s. 2223 Section 2223. 46.27 (6r) (d) of the statutes is created to read:

AB150,871,18 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.

AB150, s. 2224 Section 2224. 46.27 (7) (am) of the statutes is amended to read:

AB150,872,4 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.

AB150, s. 2225 Section 2225. 46.27 (7) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,872,18 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.

AB150, s. 2226 Section 2226. 46.27 (7) (b) 1m. of the statutes is renumbered 46.27 (7) (b).

AB150, s. 2227 Section 2227. 46.27 (7) (b) 2. of the statutes is renumbered 46.27 (7) (cg) and amended to read:

AB150,873,2 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.

AB150, s. 2228 Section 2228. 46.27 (7) (c) 2. of the statutes is amended to read:

AB150,873,5 46.27 (7) (c) 2. Receipt of funds under this section is subject to s. 49.52 (2) 46.495 (2).