****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 19Section 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 of the statutes is repealed.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 20Section 2197. 46.26 (7) (bn) of the statutes is amended to read:
AB150,865,3
146.26 (7) (bn) For counties not eligible for payments under par. (b), amounts
2not to exceed $100,000 for the last 6 months of 1993, $200,000 for 1994 1995 and
3$100,000 for the first 6 months of 1995 1996.
AB150, s. 2198 4Section 2198. 46.26 (7) (e) of the statutes is amended to read:
AB150,865,95 46.26 (7) (e) For emergencies related to community youth and family aids
6under this section, amounts not to exceed $125,000 for the last 6 months of 1993
71995, $250,000 for 1994 1996 and $125,000 for the first 6 months of 1995 1997. A
8county is eligible for payments under this paragraph only if it has a population of not
9more than 45,000.
AB150, s. 2199 10Section 2199. 46.26 (7) (f) of the statutes is amended to read:
AB150,865,1511 46.26 (7) (f) For adjustments to have allocations to compensate for increases
12in per person daily cost assessments, amounts not to exceed $216,400 $2,184,600 for
13the last 6 months of 1993, $1,552,200 for 1994 and $1,469,300 1995 and $2,353,700
14for the first 6 months of 1995 1996. The department shall allocate funds under this
15paragraph in accordance with the requirements of sub. (3) (d).
AB150, s. 2200 16Section 2200. 46.26 (7) (f) of the statutes, as affected by 1995 Wisconsin Act
17.... (this act), is repealed.
AB150, s. 2201 18Section 2201. 46.26 (7) (g) of the statutes is repealed.
AB150, s. 2202 19Section 2202. 46.26 (7) (h) of the statutes is repealed.
AB150, s. 2203 20Section 2203. 46.26 (8) (a) of the statutes is amended to read:
AB150,865,2421 46.26 (8) (a) From the amount of the allocations specified in sub. (7) (a), the
22department shall allocate $666,700 in the last 6 months of 1993 1995, $1,333,400 in
231994 1996 and $666,700 in the first 6 months of 1995 1997 for alcohol and other drug
24abuse treatment programs.
AB150, s. 2204 25Section 2204. 46.26 (8) (b) of the statutes is amended to read:
AB150,866,4
146.26 (8) (b) From the amount of the allocations specified in sub. (7) (b) 1., the
2department shall allocate $333,300 in the last 6 months of 1993, $666,600 in 1994
31995 and $333,300 in the first 6 months of 1995 1996 for alcohol and other drug abuse
4treatment programs.
AB150, s. 2205 5Section 2205. 46.262 of the statutes is repealed.
AB150, s. 2206 6Section 2206. 46.263 (1) of the statutes is amended to read:
AB150,866,107 46.263 (1) From the appropriation under s. 20.435 (3) (f), the department shall
8distribute $2,500,000 in the first 6 months of 1995 each year to counties for early
9intervention services for first offenders and for intensive community-based
10intervention services for seriously chronic offenders.
AB150, s. 2207 11Section 2207. 46.263 (2) of the statutes is amended to read:
AB150,866,1812 46.263 (2) To determine eligibility for a payment under sub. (1), the department
13shall require a county to submit a plan for the expenditure of that payment that
14ensures that the county targets the programs to be funded under that payment
15appropriately and that ensures that the county maintains or increases its aggregate
16expenditures from sources other than that payment for juvenile delinquency-related
17services at or above the average level of those expenditures in the 2 years preceding
18the year in which the payment is made under sub. (1)
.
AB150, s. 2208 19Section 2208. 46.263 (3) of the statutes is amended to read:
AB150,867,920 46.263 (3) The department shall distribute 33% of the amounts distributed
21under sub. (1) based on each county's proportion of the number of children who are
22taken into custody statewide for alleged violations that are punishable as a Class A
23or a Class B felony if committed by an adult
violent Part I juvenile offenses reported
24statewide under the uniform crime reporting system of the office of justice assistance
25in the department of administration
, during the most recent 2-year period for which

1that information is available. The department shall distribute 33% of the amounts
2distributed under sub. (1) based on each county's proportion of the number of
3children statewide who are placed in a juvenile correctional institution, during the
4most recent 2-year period for which that information is available. The department
5shall distribute 34% of the amounts distributed under sub. (1) based on each county's
6proportion of the number of total Part I juvenile offenses reported statewide under
7the uniform crime reporting system of the Wisconsin department office of justice
8assistance, during the most recent 2-year period for which that information is
9available.
AB150, s. 2209 10Section 2209. 46.265 (2) of the statutes is repealed.
AB150, s. 2210 11Section 2210. 46.27 (2) (d) of the statutes is amended to read:
AB150,867,1812 46.27 (2) (d) In consultation with representatives of counties, hospitals and
13nursing homes and with recipients of long-term community support services,
14develop guidelines for implementing the program and criteria for reviewing
15community options plans from counties participating in the program. The guidelines
16and criteria shall address cost-effectiveness, scope, feasibility and impact on the
17quality and appropriateness of health services and social services and shall provide
18counties with maximum flexibility to develop programs that address local needs.
AB150, s. 2211 19Section 2211. 46.27 (2) (h) of the statutes is renumbered 46.27 (2) (h) (intro.)
20and amended to read:
AB150,867,2121 46.27 (2) (h) (intro.) Promulgate all of the following as rules to adopt:
AB150,867,25 221. Adoption of a long-term community support service fee schedule as part of
23the uniform fee schedule under s. 46.03 (18) that is substantially similar to the fee
24calculation schedule existing on January 1, 1985, that was developed as a part of the
25guidelines required under par. (d).
AB150, s. 2212
1Section 2212. 46.27 (2) (h) 2. of the statutes is created to read:
AB150,868,32 46.27 (2) (h) 2. Conditions of hardship under which the department may grant
3an exception to the requirement of sub. (6r) (c).
AB150, s. 2213 4Section 2213. 46.27 (2) (i) of the statutes is created to read:
AB150,868,105 46.27 (2) (i) Review and approve or disapprove waiver requests under sub. (3)
6(f), review and approve or disapprove requests for exceptions under sub. (6r) (c) and
7provide technical assistance to a county that reaches or exceeds the annual allocation
8limit specified in sub. (3) (f) in order to explore alternative methods of providing
9long-term community support services for persons who are in group living
10arrangements in that county.
AB150, s. 2214 11Section 2214. 46.27 (2) (j) of the statutes is created to read:
AB150,868,1412 46.27 (2) (j) By January 1, 1996, develop a model contract for use by counties
13for purchase of long-term community support services for persons who reside in
14community-based residential facilities.
AB150,868,15 15Section 2215 . 46.27 (3) (e) 1. of the statutes is amended to read:
AB150,868,2116 46.27 (3) (e) 1. For a county with an annual allocation for provision of long-term
17community support services under sub. (7) (b) 1m. that exceeds $185,000, the
18department shall, unless the department finds that an emergency or unusual
19circumstance exists, designate a portion of the county's allocation for increased
20service in each calendar year that the county fails to meet the requirement, to one
21or more of the groups specified under sub. (4) (a) 1. a. to e.
AB150, s. 2216 22Section 2216. 46.27 (3) (e) 2. of the statutes is amended to read:
AB150,869,223 46.27 (3) (e) 2. For a county with an annual allocation for provision of long-term
24community support services under sub. (7) (b) 1m. that is $185,000 or less, the
25department may designate a portion of the county's allocation for increased service

1in each calendar year that the county fails to meet the requirement, to one or more
2of the groups specified under sub. (4) (a) 1. a. to e.
AB150, s. 2217 3Section 2217. 46.27 (3) (f) of the statutes is created to read:
AB150,869,134 46.27 (3) (f) Beginning on January 1, 1996, from the annual allocation to the
5county for the provision of long-term community support services under subs. (7) (b)
6and (11), annually establish a maximum total amount, not to exceed 25% of the
7annual allocation, that may be encumbered in a calendar year for services for eligible
8individuals in community-based residential facilities. If the total amount that is
9encumbered for services for individuals in community-based residential facilities
10who are receiving services under sub. (7) (b) on January 1, 1996, exceeds 25% of the
11county's annual allocation, a county may request a waiver of the requirement under
12this paragraph from the department. The department need not promulgate as rules
13under ch. 227 the standards for granting a waiver request under this paragraph.
AB150, s. 2218 14Section 2218. 46.27 (4) (c) 4. of the statutes is amended to read:
AB150,869,1815 46.27 (4) (c) 4. A description of the method to be used to coordinate the use of
16funds received under this program with the use of other funds allocated to the county
17under ss. 46.495 (1) (d), 46.80 (5), and 46.85 (3m) (b) 1. and 2. and 49.52 (1) (d) and
18to county departments under s. 51.423.
AB150, s. 2219 19Section 2219. 46.27 (5) (b) of the statutes is amended to read:
AB150,870,220 46.27 (5) (b) Within the limits of state and federal funds allocated under sub.
21(7), arrange service contracts under s. 46.036 and ensure the provision of necessary
22long-term community support services for each person who meets the criteria
23specified in sub. (6) (b). No county department or aging unit may use funds allocated
24under sub. (7) (b) to provide services in any community-based residential facility
25unless the county department or aging unit uses as a service contract the model

1contract developed under sub. (2) (j) or a contract that includes all of the provisions
2of the model contract.
AB150, s. 2220 3Section 2220. 46.27 (5) (i) of the statutes is amended to read:
AB150,870,234 46.27 (5) (i) In the instances in which an individual who is provided long-term
5community support services under par. (b) for which the individual receives direct
6funding, serve directly as a fiscal agent or contract with a fiscal intermediary to serve
7as a fiscal agent for that individual for the purposes of performing the responsibilities
8and protecting the interests of the individual under the unemployment
9compensation law. The county department or aging unit may elect to act as a fiscal
10agent or contract with a fiscal intermediary to serve as a fiscal agent for an individual
11who is provided long-term support services under s. 46.275, 46.277, 46.278, 49.52,
1246.495, 51.42 or 51.437. The fiscal agent under this paragraph is responsible for
13remitting any federal unemployment compensation taxes or state unemployment
14compensation contributions owed by the individual, including any interest and
15penalties which are owed by the individual; for serving as the representative of the
16individual in any investigation, meeting, hearing or appeal involving ch. 108 or the
17federal unemployment tax act (26 USC 3301 to 3311) in which the individual is a
18party; and for receiving, reviewing, completing and returning all forms, reports and
19other documents required under ch. 108 or the federal unemployment tax act on
20behalf of the individual. An individual may make an informed, knowing and
21voluntary election to waive the right to a fiscal agent. The waiver may be as to all
22or any portion of the fiscal agent's responsibilities. The waiver may be rescinded in
23whole or in part at any time.
AB150, s. 2221 24Section 2221. 46.27 (6r) (a) of the statutes is amended to read:
AB150,871,9
146.27 (6r) (a) A person who is initially eligible for services under sub. (7) (b),
2for whom home and community-based services are available under sub. (11) or s.
346.275, 46.277 or 46.278
that require less total expenditure of state funds than do
4comparable services under sub. (7) (b) and who is eligible for and offered the home
5and community-based services under sub. (11) or s. 46.275, 46.277 or 46.278, but who
6declines the offer, except that a county may use funds received under sub. (7) (b) to
7pay for long-term community support services for the person for a period of up to 90
8days during which an application for services under sub. (11) or s. 46.275, 46.277 or
946.278
for the person is processed.
AB150, s. 2222 10Section 2222. 46.27 (6r) (c) of the statutes is created to read:
AB150,871,1611 46.27 (6r) (c) A person who resides or intends to reside in a community-based
12residential facility and who is initially applying for long-term community support
13services, if the projected cost of services for the person, plus the cost of services for
14existing participants, would cause the county to exceed the limitation under sub. (3)
15(f), unless the department grants an exception to the requirement under this
16paragraph, under the conditions specified by rule, to avoid hardship to the person.
AB150, s. 2223 17Section 2223. 46.27 (6r) (d) of the statutes is created to read:
AB150,871,1818 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 19Section 2224. 46.27 (7) (am) of the statutes is amended to read:
AB150,872,420 46.27 (7) (am) From the appropriation under s. 20.435 (7) (bd), the department
21shall allocate funds to each county or private nonprofit agency with which the
22department contracts to pay assessment and case plan costs under sub. (6) not
23otherwise paid under s. 46.032 49.33 (2) or 49.45. The department shall reimburse

1counties for the cost of assessing persons eligible for medical assistance under s.
249.46, 49.468 or 49.47 as part of the administrative services of medical assistance,
3payable under s. 49.45 (3) (a). Counties may use unspent funds allocated under this
4paragraph to pay the cost of long-term community support services.
AB150, s. 2225 5Section 2225. 46.27 (7) (b) of the statutes, as affected by 1995 Wisconsin Act
6.... (this act), is amended to read:
AB150,872,187 46.27 (7) (b) From Except as specified in sub. (11m), from the appropriation
8under s. 20.435 (7) (bd), the department shall allocate funds to each county to pay
9the cost of providing long-term community support services under sub. (5) (b) not
10otherwise paid under s. 49.45 to persons eligible for medical assistance under s. 49.46
11or 49.47 or to persons whom the county department or aging unit administering the
12program finds likely to become medically indigent within 6 months by spending
13excess income or assets for medical or remedial care. The average per person
14reimbursement under this paragraph may not exceed the state share of the average
15per person payment rate the department expects under s. 49.45 (6m). The county
16department or aging unit administering the program may spend funds received
17under this paragraph only in accordance with the case plan and service contract
18created 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 19Section 2226. 46.27 (7) (b) 1m. of the statutes is renumbered 46.27 (7) (b).
AB150, s. 2227 20Section 2227. 46.27 (7) (b) 2. of the statutes is renumbered 46.27 (7) (cg) and
21amended to read:
AB150,873,222 46.27 (7) (cg) No county may use funds received under this paragraph par. (b)
23to 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, s. 2228 3Section 2228. 46.27 (7) (c) 2. of the statutes is amended to read:
AB150,873,54 46.27 (7) (c) 2. Receipt of funds under this section is subject to s. 49.52 (2) 46.495
5(2)
.
AB150, s. 2229 6Section 2229. 46.27 (7) (cm) of the statutes is created to read:
AB150,873,107 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, as defined in s. 50.01 (1g), that has more than
108 beds, unless one of the following applies:
AB150,873,1211 a. The department approves the provision of services in a community-based
12residential facility that meets standards established under subd. 2.
AB150,873,1713 b. The department approves the provision of services in a community-based
14residential facility that entirely consists of independent apartments, each of which
15has an individual lockable entrance and exit and individual separate kitchen,
16bathroom, sleeping and living areas, to individuals who are provided services under
17sub. (5) (b) and are physically disabled or are at least 65 years of age.
AB150,873,2118 2. By January 1, 1996, the department shall establish standards for approvals
19made under subd. 1. a., including whether the proposed use of funds for residents at
20the community-based residential facility in question adequately provides for all of
21the following:
AB150,873,2222 a. Sufficient responsiveness to individual resident needs.
AB150,873,2323 b. Maintenance of approved levels of quality of care.
AB150,873,2424 c. Cost effectiveness, in comparison with other feasible funding uses.
AB150,874,2
1d. Sufficient consideration of care for facility residents with dementia or related
2conditions.
AB150,874,43 3. The department need not promulgate as rules under ch. 227 the standards
4required to be established under subd. 2.
AB150,874,75 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, s. 2230 8Section 2230. 46.27 (7m) of the statutes is amended to read:
AB150,874,139 46.27 (7m) Right to hearing. A person who is denied eligibility for services or
10whose services are reduced or terminated under this section may request a hearing
11from the department under s. 227.44, except that lack of adequate funding or a denial
12under sub. (6r) (a) or (d) may not serve as the basis for a request under this
13subsection.
AB150, s. 2231 14Section 2231. 46.27 (11) (am) of the statutes is amended to read:
AB150,874,2015 46.27 (11) (am) The department shall request a waiver from the secretary of
16the federal department of health and human services, under 42 USC 1396n (c),
17authorizing the department to provide as part of the medical assistance program,
18except as specified in sub. (11m),
home and community-based services for persons
19who are eligible for long-term support community options program services under
20sub. (5) (b).
AB150, s. 2232 21Section 2232. 46.27 (11) (c) 7. of the statutes is created to read:
AB150,875,222 46.27 (11) (c) 7. A county may use funds received under this subsection to
23provide supportive, personal or nursing services, as defined in rules promulgated
24under s. 49.45 (2) (a) 23., to a person who resides in an assisted living facility, as
25defined in s. 50.01 (1d). Funding of the services may not exceed 85% of the statewide

1rate for reimbursement under s. 49.45 (6m), as determined by the department under
2s. 49.45 (6m) (L).
AB150, s. 2233 3Section 2233. 46.27 (11) (c) 8. of the statutes is created to read:
AB150,875,84 46.27 (11) (c) 8. No county, private nonprofit agency or aging unit may use funds
5received under this subsection to provide services in any community-based
6residential facility unless the county, agency or aging unit uses as a service contract
7the model contract developed under sub. (2) (j) or a contract that includes all of the
8provisions 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.
AB150, s. 2234 9Section 2234. 46.27 (11) (cm) of the statutes is created to read:
AB150,875,1910 46.27 (11) (cm) 1. The department shall request from the secretary of the
11federal department of health and human services an amendment to the waiver
12specified in par. (am) to allow the department to receive federal financial
13participation to continue to provide, notwithstanding sub. (11m), long-term
14community support services that substitute for the benefit under s. 49.46 (2) (a) 4.
15a. or (b) 6. a. to an individual who is eligible for medical assistance only under s. 49.47;
16who was receiving the services, provided as a medical assistance benefit, on January
171, 1996; and who has continued to receive those services or the services, provided as
18a medical assistance benefit, that are described in s. 46.275 (5g), 46.277 (5g) (c) or
1946.278 (6m) or specified in s. 49.46 (2) (a) 4. c. or (b) 6. a. since that date.
AB150,875,2220 2. If the waiver amendment under subd. 1. is granted and remains in effect, the
21department shall provide the services described in subd. 1. to individuals covered by
22the 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.
AB150, s. 2235
1Section 2235. 46.27 (11m) of the statutes is created to read:
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