1997 Wisconsin Act 27

3. Collect information specified by the department on the individuals served by the entity and provide that information to the department.

(am) Residents of the geographic areas where a pilot project under this subsection is established shall receive an assessment by the entity contracted with under par. (a) (intro.) prior to entry into a nursing home or community-based residential facility or participation in the long-term support community options program under s. 46.27.

(ap) The department may require that the results of a client's assessment under par. (a) 2. be submitted at the time that a provider submits a request for prior authorization for medical assistance services.

(b) From the amounts carried forward under 1997 Wisconsin Act .... (this act), section 9123 (2), the department shall distribute funds to the entities with which the department contracts under par. (a) (intro.) for the performance of the functions specified under par. (a) 1. to 3.

(c) Paragraphs (a) 2., (am) and (ap) do not apply to any of the following:

1. Emergency admissions, as determined by a physician, but shall be applied within 10 days after the admission.

2. A private pay patient seeking admission to or about to be admitted to a nursing home or community-based residential facility who is informed about the program but waives the assessment, unless the patient will be eligible for medical assistance within 6 months after the assessment.

3. Persons seeking admission to or about to be admitted to the Wisconsin Veteran's Home at King who are informed about the pilot project but waive the assessment.

4. Any person who is readmitted to a nursing home or community-based residential facility from a hospital within 6 months after being assessed.

5. Current residents of a nursing home or community-based residential facility who are eligible for an assessment but who waive the assessment.

6. A person who enters a nursing home or community-based residential facility for recuperative care.

7. A person who enters a nursing home or community-based residential facility for respite care.

8. A person who is admitted to a nursing home or community-based residential facility from another nursing home or community-based residential facility, unless the person requests an assessment and funds distributed for assessments under par. (b) are available to the entity.

27,1468 Section 1468 . 46.271 (3) of the statutes is renumbered 46.271 (1) (c) and amended to read:

46.271 (1) (c) The department may contract with an aging unit, as defined in s. 46.27 (1) (a), for administration of services under sub. (1) par. (a) if, by resolution, the county board of supervisors of that county so requests the department.

27,1469 Section 1469 . 46.275 (5) (a) of the statutes is amended to read:

46.275 (5) (a) Medical assistance reimbursement for services a county, or the department under sub. (3r), provides under this program is available from the appropriations under s. 20.435 (1) (5) (b) and (o). If 2 or more counties jointly contract to provide services under this program and the department approves the contract, medical assistance reimbursement is also available for services provided jointly by these counties.

27,1470 Section 1470 . 46.275 (5) (c) of the statutes is amended to read:

46.275 (5) (c) The total allocation under s. 20.435 (1) (5) (b) and (o) to counties and to the department under sub. (3r) for services provided under this section may not exceed the amount approved by the federal department of health and human services. A county may use funds received under this section only to provide services to persons who meet the requirements under sub. (4) and may not use unexpended funds received under this section to serve other developmentally disabled persons residing in the county.

27,1471 Section 1471 . 46.275 (5) (d) of the statutes is amended to read:

46.275 (5) (d) The department may, from the appropriation under s. 20.435 (1) (5) (o), provide reimbursement for services provided under this section by counties that are in excess of the current average annual per person rate, as established by the department, and are less than the average amount approved in the waiver received under sub. (2).

27,1471m Section 1471m. 46.277 (3) (c) of the statutes is amended to read:

46.277 (3) (c) Beginning on January 1, 1996, from the annual allocation to the county for the provision of long-term community support services under sub. (5), 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. (5) 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.

27,1471p Section 1471p. 46.277 (5) (d) 1m. of the statutes is created to read:

46.277 (5) (d) 1m. No county may use funds received under this section to provide services to a person who does not live in his or her own home or apartment unless, subject to the limitations under subds. 2. and 3. and par. (e), one of the following applies:

a. The services are provided to the person in a community-based residential facility that entirely consists of independent apartments, each of which has an individual lockable independent entrance and exit and individual separate kitchen, bathroom, sleeping and living areas.

b. The person suffers from Alzheimer's disease or related dementia and the services are provided to the person in a community-based residential facility that has a dementia care program.

c. The services are provided to the person in a residential care apartment complex, as defined in s. 50.01 (1d).

d. The services are provided to the individual in an adult family home, as defined in s. 50.01 (1).

e. Subdivision 1n. applies.

27,1471q Section 1471q. 46.277 (5) (d) 1n. of the statutes is created to read:

46.277 (5) (d) 1n. A county may also use funds received under this section, subject to the limitations under subds. 2. and 3. and par. (e), to provide services to a person who does not live in his or her own home or apartment if the services are provided to the person in a community-based residential facility and the county department or aging unit has determined that all of the following conditions have been met:

a. An assessment under s. 46.27 (6) has been completed for the person prior to the person's admission to the community-based residential facility, whether or not the person is a private pay admittee at the time of admission.

b. The county department or aging unit documents that the option of in-home services has been discussed with the person, thoroughly evaluated and found to be infeasible, as determined by the county department or aging unit in accordance with rules promulgated by the department of health and family services.

c. The county department or aging unit determines that the community-based residential facility is the person's preferred place of residence or is the setting preferred by the person's guardian.

d. The county department or aging unit determines that the community-based residential facility provides a quality environment and quality care services.

e. The county department or aging unit determines that placement in the community-based residential facility is cost-effective compared to other options, including home care and nursing home care.

27,1471qi Section 1471qi. 46.277 (5) (d) 1p. of the statutes is created to read:

46.277 (5) (d) 1p. a. Subject to the approval of the department, a county may establish and implement more restrictive conditions than those imposed under subd. 1m. on the use of funds received under this section for the provision of services to a person in a community-based residential facility. A county that establishes more restrictive conditions under this subd. 1p. a. shall include the conditions in its plan under sub. (3) (a).

b. If the department determines that a county has engaged in a pattern of inappropriate use of funds received under this section, the department may revoke its approval of the county's conditions established under subd. 1p. a., if any, and may prohibit the county from using funds received under this section to provide services under subd. 1n.

27,1472 Section 1472 . 46.278 (6) (d) of the statutes is amended to read:

46.278 (6) (d) If a county makes available nonfederal funds equal to the state share of service costs under the waiver received under sub. (3), the department may, from the appropriation under s. 20.435 (1) (5) (o), provide reimbursement for services that the county provides under this section to persons who are in addition to those who may be served under this section with funds from the appropriation under s. 20.435 (1) (5) (b).

27,1473 Section 1473 . 46.278 (6) (f) of the statutes is created to read:

46.278 (6) (f) If a county owns the institution or intermediate care facility for the mentally retarded from which an individual is relocated to the community under this section, in order to receive funding under the program, the county shall submit a plan for delicensing a bed of the institution or intermediate care facility for the mentally retarded that is approved by the department.

27,1474 Section 1474 . 46.28 (3) of the statutes is amended to read:

46.28 (3) The department may authorize the authority to issue revenue bonds under s. 234.70 234.61 to finance any residential facility it approves under sub. (2).

27,1475 Section 1475 . 46.28 (4) of the statutes is amended to read:

46.28 (4) The department may charge sponsors for administrative costs and expenses it incurs in exercising its powers and duties under this section and under s. 234.70 234.61.

27,1476 Section 1476 . 46.29 (3) (a) of the statutes is amended to read:

46.29 (3) (a) The secretary of education state superintendent of public instruction.

27,1477 Section 1477 . 46.30 (4) (a) of the statutes is amended to read:

46.30 (4) (a) The department shall distribute the federal community services block grant funds received under 42 USC 9903 and deposited in the appropriations under s. 20.435 (6) (3) (mc) and (7) (md).

27,1478c Section 1478c. 46.35 of the statutes is repealed.

27,1479 Section 1479 . 46.40 (1) (a) of the statutes is amended to read:

46.40 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.435 (3) (o) and (7) (b), (kw) and (o), the department shall distribute funds for community social, mental health, developmental disabilities and alcohol and other drug abuse services and for services under ss. 46.51, 46.87, 46.985 and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437 and to county aging units, as provided in subs. (2), (2m) and (7) to (8).

27,1480 Section 1480 . 46.40 (1) (b) of the statutes is amended to read:

46.40 (1) (b) Notwithstanding s. 46.49, if the department receives any federal moneys under 42 USC 670 to 679a in reimbursement of moneys allocated under par. (a) for the provision of foster care, the department shall distribute those federal moneys for services and projects to assist children and families and for the purposes specified in s. 46.46.

27,1481 Section 1481 . 46.40 (1) (c) of the statutes is amended to read:

46.40 (1) (c) The Milwaukee County department of social services shall report to the department in a manner specified by the department on all children under the supervision of the Milwaukee County department of social services who are placed in foster homes and whose foster parents receive funding for child care from the amounts distributed under par. (a) so that the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the amounts expended by the Milwaukee County department of social services for the provision of child care for those children. Notwithstanding s. 46.49, if the department receives any federal moneys under 42 USC 67 670 to 679a in reimbursement of the amounts expended by the Milwaukee County department of social services for the provision of child care for children in foster care in 1996 and 1997, the department shall distribute those federal moneys to the Milwaukee County department of social services for the provision of child care for children in foster care.

27,1482 Section 1482 . 46.40 (2) of the statutes is amended to read:

46.40 (2) Basic county allocation. For social services under s. 46.495 (1) (d) and services under s. 51.423 (2), the department shall distribute not more than $292,368,400 $285,081,000 for fiscal year 1995-96 1997‐98 and $291,349,200 $284,948,500 for fiscal year 1996-97 1998-99.

27,1483 Section 1483 . 46.40 (2m) (a) of the statutes is amended to read:

46.40 (2m) (a) Prevention and treatment of substance abuse. For prevention and treatment of substance abuse under 42 USC 300x-21 to 300x-35, the department shall distribute not more than $11,087,200 $9,702,400 in fiscal year 1995-96 1997-98 and not more than $11,285,200 $8,641,100 in fiscal year 1996-97 1998-99.

27,1484 Section 1484 . 46.40 (2m) (b) of the statutes is amended to read:

46.40 (2m) (b) Community mental health services. For community mental health services under 42 USC 300x to 300x-9, the department shall distribute not more than $2,513,400 in each fiscal year 1995-96 and not more than $2,513,400 in fiscal year 1996-97.

27,1484g Section 1484g. 46.40 (3) of the statutes is created to read:

46.40 (3) Tribal child care. For child care services under 42 USC 9858, the department shall distribute not more than $412,800 in each fiscal year from the appropriation account under s. 20.435 (7) (b) to federally recognized American Indian tribes or bands. A tribe or band that receives funding under this subsection shall use that funding to provide child care for an eligible child, as defined in 42 USC 9858n (4).

27,1485 Section 1485 . 46.40 (14m) of the statutes is amended to read:

46.40 (14m) County community aids budgets. Before December 1 of each year, each county department under ss. 46.215, 46.22, 46.23, 51.42 and 51.437 and each tribal governing body shall submit to the department a proposed budget for the expenditure of funds allocated under this section, distributed under s. 46.45 (2) (a) or carried forward under s. 46.45 (3) (a). The proposed budget shall be submitted on a form developed by the department and approved by the department of administration.

27,1486 Section 1486 . 46.45 (2) of the statutes is created to read:

46.45 (2) (a) If on December 31 of any year there remains unspent or unencumbered in the allocation under s. 46.40 (2) an amount that exceeds the amount received under 42 USC 670 to 679a and allocated under s. 46.40 (2) in that year, the department shall carry forward the excess moneys and distribute not less than 50% of the excess moneys to counties having a population of less than 500,000 for services and projects to assist children and families, notwithstanding the percentage limit specified in sub. (3) (a). A county shall use not less than 50% of the moneys distributed to the county under this subsection for services for children who are at risk of abuse or neglect to prevent the need for child abuse and neglect intervention services.

(b) A county may not use any moneys distributed under par. (a) to supplant any other moneys expended by the county for services and projects to assist children and families in a base year determined by the department.

(c) The department shall credit to the appropriation account under s. 20.435 (8) (mb) any moneys carried forward under par. (a), but not distributed to counties, and may expend those moneys as provided in s. 46.46.

27,1486m Section 1486m. 46.46 of the statutes is created to read:

46.46 Expenditure of income augmentation services receipts. (1) From the appropriation account under s. 20.435 (8) (mb), the department shall support costs that are exclusively related to the operational costs of augmenting the amount of moneys received under 42 USC 670 to 679a, 42 USC 1395 to 1395ddd and 42 USC 1396 to 1396v. In addition, the department may expend moneys from the appropriation account under s. 20.435 (8) (mb) as provided in sub. (2).

(2) If the department proposes to use any moneys from the appropriation account under s. 20.435 (8) (mb) for any purpose other than the purpose specified in sub. (1), the department shall submit a plan for the proposed use of those moneys to the secretary of administration. If the secretary of administration approves the plan, he or she shall submit the plan to the joint committee on finance. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan only with the approval of the committee.

27,1488 Section 1488 . 46.48 (15) (title) of the statutes is repealed.

27,1489 Section 1489 . 46.48 (15) (a) (intro.) of the statutes is repealed.

27,1490 Section 1490 . 46.48 (15) (a) 1. of the statutes is amended to read:

46.48 (15) (a) 1. For recruiting, training and licensing new foster parents and treatment foster parents for children in Milwaukee county and for providing ongoing family reunification services for children and families in Milwaukee county, $750,000 $375,000 in each fiscal year.

27,1491 Section 1491 . 46.48 (15) (a) 1. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed.

27,1492 Section 1492 . 46.48 (15) (a) 2. of the statutes is amended to read:

46.48 (15) (a) 2. For purchasing foster parent and treatment foster parent training from a private or educational agency, $150,000 $75,000 in each fiscal year.

27,1493 Section 1493 . 46.48 (15) (a) 2. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed.

27,1494 Section 1494 . 46.48 (15) (a) 3. of the statutes is amended to read:

46.48 (15) (a) 3. For enhancing Milwaukee county's capacity to assess the needs of children who are in long-term foster or treatment foster care and children who are new to foster or treatment foster care, for recruiting and investigating proposed adoptive parents and for prosecuting adoption petitions, $130,000 $65,000 in each fiscal year.

27,1495 Section 1495 . 46.48 (15) (a) 3. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed.

27,1496 Section 1496 . 46.48 (15) (b) of the statutes is repealed.

27,1497 Section 1497 . 46.48 (16) (title) of the statutes is repealed.