AB100-ASA1, s. 1126 19Section 1126. 46.261 (2) (a) 2. of the statutes is amended to read:
AB100-ASA1,660,220 46.261 (2) (a) 2. A county or, in a county having a population of 500,000 or more,
21the department
, on behalf of a child in the legal custody of a county department under
22s. 46.215, 46.22 or 46.23 or the department under s. 48.48 (17) or on behalf of a child
23who was removed from the home of a relative, as defined under s. 48.02 (15), as a
24result of a judicial determination that continuance in the home of a relative would
25be contrary to the child's welfare for any reason when such child is placed in a

1licensed child caring institution by the county department or the department.
2Reimbursement shall be made by the state pursuant to subd. 1.
AB100-ASA1, s. 1127 3Section 1127. 46.261 (2) (a) 3. of the statutes is amended to read:
AB100-ASA1,660,134 46.261 (2) (a) 3. A county or, in a county having a population of 500,000 or more,
5the department
, when the child is placed in a licensed foster home, treatment foster
6home, group home or child caring institution by a licensed child welfare agency or
7by a federally recognized American Indian tribal governing body in this state or by
8its designee, if the child is in the legal custody of the county department under s.
946.215, 46.22 or 46.23 or the department under s. 48.48 (17) or if the child was
10removed from the home of a relative, as defined under s. 48.02 (15), as a result of a
11judicial determination that continuance in the home of the relative would be contrary
12to the child's welfare for any reason and the placement is made pursuant to an
13agreement with the county department or the department.
AB100-ASA1, s. 1128 14Section 1128. 46.261 (2) (a) 4. of the statutes is amended to read:
AB100-ASA1,660,2315 46.261 (2) (a) 4. A licensed foster home or, treatment foster home, a group home
16licensed under s. 48.625 or a child caring institution by the state when the child is
17in the custody or guardianship of the state, when the child is a ward of an American
18Indian tribal court in this state and the placement is made under an agreement
19between the department and the tribal governing body or when the child was part
20of the state's direct service case load and was removed from the home of a relative,
21as defined under s. 48.02 (15), as a result of a judicial determination that continuance
22in the home of a relative would be contrary to the child's welfare for any reason and
23the child is placed by the department.
AB100-ASA1, s. 1454m 24Section 1454m. 46.27 (3) (f) of the statutes is amended to read:
AB100-ASA1,661,10
146.27 (3) (f) Beginning on January 1, 1996, from the annual allocation to the
2county for the provision of long-term community support services under subs. (7) (b)
3and (11), annually establish a maximum total amount, not to exceed 25% of the
4annual allocation,
that may be encumbered in a calendar year for services for eligible
5individuals in community-based residential facilities. If the total amount that is
6encumbered for services for individuals in community-based residential facilities
7who are receiving services under sub. (7) (b) on January 1, 1996, exceeds 25% of the
8county's annual allocation, a county may request a waiver of the requirement under
9this paragraph from the department. The department need not promulgate as rules
10under ch. 227 the standards for granting a waiver request under this paragraph.
AB100-ASA1, s. 1129 11Section 1129. 46.27 (4) (c) 8. of the statutes is created to read:
AB100-ASA1,661,1412 46.27 (4) (c) 8. If a pilot project under s. 46.271 (2m) is established in the county,
13a description of how the activities of the pilot project relate to and are coordinated
14with the county's proposed program.
AB100-ASA1, s. 1130 15Section 1130. 46.27 (5) (am) of the statutes is amended to read:
AB100-ASA1,662,316 46.27 (5) (am) Organize assessment activities specified in sub. (6). The county
17department or aging unit shall utilize persons for each assessment who can
18determine the needs of the person being assessed and who know the availability
19within the county of services alternative to placement in a nursing home. If any
20hospital patient is referred to a nursing home for admission, these persons shall work
21with the hospital discharge planner in performing the activities specified in sub. (6).
22The county department or aging unit shall coordinate the involvement of
23representatives from the county departments under ss. 46.215, 46.22, 51.42 and
2451.437, health service providers and the county commission on aging in the
25assessment activities specified in sub. (6), as well as the person being assessed and

1members of the person's family or the person's guardian. This paragraph does not
2apply to a county department or aging unit in a county where a pilot project under
3s. 46.271 (2m) is established.
AB100-ASA1, s. 1131 4Section 1131. 46.27 (6) (a) 3. of the statutes is amended to read:
AB100-ASA1,662,125 46.27 (6) (a) 3. In each participating county, except in counties where a pilot
6project under s. 46.271 (2m) is established,
assessments shall be conducted for those
7persons and in accordance with the procedures described in the county's community
8options plan. The county may elect to establish assessment priorities for persons in
9target groups identified by the county in its plan regarding gradual implementation.
10If a person who is already admitted to a nursing home requests an assessment and
11if funds allocated for assessments under sub. (7) (am) are available, the county shall
12conduct the assessment.
AB100-ASA1, s. 1132 13Section 1132. 46.27 (6g) (intro.) of the statutes is amended to read:
AB100-ASA1,662,1714 46.27 (6g) Fiscal responsibility. (intro.) Except as provided in s. 51.40, and
15within the limitations under sub. (7) (b), the fiscal responsibility of a county for an
16assessment, unless the assessment is performed by an entity under s. 46.271 (2m),
17case plan or services provided to a person under this section is as follows:
AB100-ASA1, s. 1133 18Section 1133. 46.27 (7) (b) 1r. of the statutes is repealed.
AB100-ASA1, s. 1459m 19Section 1459m. 46.27 (7) (cj) of the statutes is created to read:
AB100-ASA1,662,2220 46.27 (7) (cj) No county may use funds received under par. (b) to provide
21services to a person who does not live in his or her own home or apartment unless,
22subject to the limitations under par. (cm), one of the following applies:
AB100-ASA1,663,223 1. The services are provided to the person in a community-based residential
24facility that entirely consists of independent apartments, each of which has an

1individual lockable independent entrance and exit and individual separate kitchen,
2bathroom, sleeping and living areas.
AB100-ASA1,663,53 2. The person suffers from Alzheimer's disease or related dementia and the
4services are provided to the person in a community-based residential facility that
5has a dementia care program.
AB100-ASA1,663,86 3. The services are provided to the person in a community-based residential
7facility and the county department or aging unit has determined that all of the
8following conditions have been met:
AB100-ASA1,663,119 a. An assessment under sub. (6) has been completed for the person prior to the
10person's admission to the community-based residential facility, whether or not the
11person is a private pay admittee at the time of admission.
AB100-ASA1,663,1512 b. The county department or aging unit documents that the option of in-home
13services has been discussed with the person, thoroughly evaluated and found to be
14infeasible, as determined by the county department or aging unit in accordance with
15rules promulgated by the department of health and family services.
AB100-ASA1,663,1816 c. The county department or aging unit determines that the community-based
17residential facility is the person's preferred place of residence or is the setting
18preferred by the person's guardian.
AB100-ASA1,663,2019 d. The county department or aging unit determines that the community-based
20residential facility provides a quality environment and quality care services.
AB100-ASA1,663,2321 e. The county department or aging unit determines that placement in the
22community-based residential facility is cost-effective compared to other options,
23including home care and nursing home care.
AB100-ASA1,663,2524 4. The services are provided to the person in a residential care apartment
25complex, as defined in s. 50.01 (1d).
AB100-ASA1,664,2
15. The services are provided to the person in an adult family home, as defined
2in s. 50.01 (1).
AB100-ASA1, s. 1459mf 3Section 1459mf. 46.27 (7) (ck) of the statutes is created to read:
AB100-ASA1,664,94 46.27 (7) (ck) 1. Subject to the approval of the department, a county may
5establish and implement more restrictive conditions than those imposed under par.
6(cj) on the use of funds received under par. (b) for the provision of services to a person
7in a community-based residential facility. A county that establishes more restrictive
8conditions under this paragraph shall include the conditions in its community
9options plan under sub. (3) (cm).
AB100-ASA1,664,1410 2. If the department determines that a county has engaged in a pattern of
11inappropriate use of funds received under par. (b), the department may revoke its
12approval of the county's conditions established under subd. 1., if any, and may
13prohibit the county from using funds received under par. (b) to provide services under
14par. (cj) 3.
AB100-ASA1, s. 1460m 15Section 1460m. 46.27 (9) (a) of the statutes is amended to read:
AB100-ASA1,664,2416 46.27 (9) (a) The department may select up to 5 counties that volunteer to
17participate in a pilot project under which they will receive certain funds allocated for
18long-term care. The department shall allocate a level of funds to these counties
19equal to the amount that would otherwise be paid under s. 20.435 (1) (5) (b) to nursing
20homes for providing care because of increased utilization of nursing home services,
21as estimated by the department. In estimating these levels, the department shall
22exclude any increased utilization of services provided by state centers any center for
23the developmentally disabled. The department shall calculate these amounts on a
24calendar year basis under sub. (10).
AB100-ASA1, s. 1134 25Section 1134. 46.27 (9) (c) of the statutes is amended to read:
AB100-ASA1,665,6
146.27 (9) (c) All long-term community support services provided under this
2pilot project in lieu of nursing home care shall be consistent with those services
3described in the participating county's community options plan under sub. (4) (c) and
4provided under sub. (5) (b). Each Unless the department has contracted under s.
546.271 (2m) with an entity other than the county department, each
county
6participating in the pilot project shall assess persons under sub. (6).
AB100-ASA1, s. 1135 7Section 1135. 46.27 (10) (a) 1. of the statutes is amended to read:
AB100-ASA1,665,128 46.27 (10) (a) 1. The department shall determine for each county participating
9in the pilot project under sub. (9) a funding level of state medical assistance
10expenditures to be received by the county. This level shall equal the amount that the
11department determines would otherwise be paid under s. 20.435 (1) (5) (b) because
12of increased utilization of nursing home services, as estimated by the department.
AB100-ASA1, s. 1136 13Section 1136. 46.27 (11) (c) 3. of the statutes is amended to read:
AB100-ASA1,665,1714 46.27 (11) (c) 3. Medical assistance reimbursement for services a county, a
15private nonprofit agency or an aging unit with which the department contracts
16provides under this subsection shall be made from the appropriations under s. 20.435
17(1) (5) (o) and (7) (b) and (bd).
AB100-ASA1, s. 1137 18Section 1137. 46.27 (11) (c) 4. of the statutes is amended to read:
AB100-ASA1,665,2319 46.27 (11) (c) 4. The department may, from the appropriation under s. 20.435
20(1) (5) (o), provide reimbursement for services provided under this subsection by
21counties that are in excess of the current average annual per person rate, as
22established by the department, and are less than or equal to the average amount
23approved in the waiver received under par. (am).
AB100-ASA1, s. 1464g 24Section 1464g. 46.27 (11) (c) 5m. of the statutes is created to read:
AB100-ASA1,666,4
146.27 (11) (c) 5m. No county may use funds received under this subsection to
2provide services to a person who does not live in his or her own home or apartment
3unless, subject to the limitations under subds. 6., 7. and 8., one of the following
4applies:
AB100-ASA1,666,85 a. The services are provided to the person in a community-based residential
6facility that entirely consists of independent apartments, each of which has an
7individual lockable independent entrance and exit and individual separate kitchen,
8bathroom, sleeping and living areas.
AB100-ASA1,666,119 b. The person suffers from Alzheimer's disease or related dementia and the
10services are provided to the person in a community-based residential facility that
11has a dementia care program.
AB100-ASA1,666,1312 c. The services are provided to the person in a residential care apartment
13complex, as defined in s. 50.01 (1d).
AB100-ASA1,666,1514 d. The services are provided to the individual in an adult family home, as
15defined in s. 50.01 (1).
AB100-ASA1,666,1616 e. Subdivision 5n. applies.
AB100-ASA1, s. 1464h 17Section 1464h. 46.27 (11) (c) 5n. of the statutes is created to read:
AB100-ASA1,666,2218 46.27 (11) (c) 5n. A county may also use funds received under this subsection,
19subject to the limitations under subds. 6., 7. and 8., to provide services to a person
20who does not live in his or her own home or apartment if the services are provided
21to the person in a community-based residential facility and the county department
22or aging unit has determined that all of the following conditions have been met:
AB100-ASA1,666,2523 a. An assessment under sub. (6) has been completed for the person prior to the
24person's admission to the community-based residential facility, whether or not the
25person is a private pay admittee at the time of admission.
AB100-ASA1,667,4
1b. The county department or aging unit documents that the option of in-home
2services has been discussed with the person, thoroughly evaluated and found to be
3infeasible, as determined by the county department or aging unit in accordance with
4rules promulgated by the department of health and family services.
AB100-ASA1,667,75 c. The county department or aging unit determines that the community-based
6residential facility is the person's preferred place of residence or is the setting
7preferred by the person's guardian.
AB100-ASA1,667,98 d. The county department or aging unit determines that the community-based
9residential facility provides a quality environment and quality care services.
AB100-ASA1,667,1210 e. The county department or aging unit determines that placement in the
11community-based residential facility is cost-effective compared to other options,
12including home care and nursing home care.
AB100-ASA1, s. 1464j 13Section 1464j. 46.27 (11) (c) 5p. of the statutes is created to read:
AB100-ASA1,667,1914 46.27 (11) (c) 5p. a. Subject to the approval of the department, a county may
15establish and implement more restrictive conditions than those imposed under subd.
165m. on the use of funds received under par. (b) for the provision of services to a person
17in a community-based residential facility. A county that establishes more restrictive
18conditions under this paragraph shall include the conditions in its community
19options plan under sub. (3) (cm).
AB100-ASA1,667,2420 b. If the department determines that a county has engaged in a pattern of
21inappropriate use of funds received under par. (b), the department may revoke its
22approval of the county's conditions established under subd. 1. a., if any, and may
23prohibit the county from using funds received under par. (b) to provide services under
24subd. 5n.
AB100-ASA1, s. 1138
1Section 1138. 46.271 (1) of the statutes is renumbered 46.271 (1) (a), and
246.271 (1) (a) (intro.), as renumbered, is amended to read:
AB100-ASA1,668,83 46.271 (1) (a) (intro.) From the appropriation under s. 20.435 (7) (bd), the
4department shall award $100,000 in each fiscal year to applying county departments
5under s. 46.215, 46.22, 46.23, 51.42 or 51.437 or to an aging unit under the conditions
6specified in sub. (3) par. (c) to establish pilot projects for home and community-based
7long-term support services. Funds awarded to the pilot projects shall be used to do
8any of the following:
AB100-ASA1, s. 1139 9Section 1139. 46.271 (2) of the statutes is renumbered 46.271 (1) (b), and
1046.271 (1) (b) 1. and 2., as renumbered, are amended to read:
AB100-ASA1,668,1211 46.271 (1) (b) 1. Solicit applications from county departments or aging units
12for the pilot projects under sub. (1) par. (a).
AB100-ASA1,668,1613 2. Require that an applying county department or aging unit under par. (a)
14subd. 1. submit as part of the application specific plans for improving the
15coordination between hospitals and providers of home and community-based
16long-term support services.
AB100-ASA1, s. 1140 17Section 1140. 46.271 (2m) of the statutes is created to read:
AB100-ASA1,668,2018 46.271 (2m) (a) The department may establish, in geographic areas
19determined by the department, a pilot project under which the department may
20contract with a private or public entity to do all of the following:
AB100-ASA1,668,2321 1. Serve as a clearinghouse of information for individuals who are interested
22in home or community-based long-term support services or institutional long-term
23care services.
AB100-ASA1,669,624 2. Perform assessments using the assessment method established by the
25department to determine an individual's functional abilities, disabilities, personal

1preferences and need for home or community-based long-term support services or
2institutional long-term care services. Each assessment shall include an
3investigation of long-term community support services that could serve as
4alternatives to institutional care in a nursing home or community-based residential
5facility. The assessment shall include an explanation of the potential community
6alternatives to the person being assessed and the person's family or guardian.
AB100-ASA1,669,87 3. Collect information specified by the department on the individuals served
8by the entity and provide that information to the department.
AB100-ASA1,669,139 (am) Residents of the geographic areas where a pilot project under this
10subsection is established shall receive an assessment by the entity contracted with
11under par. (a) (intro.) prior to entry into a nursing home or community-based
12residential facility or participation in the long-term support community options
13program under s. 46.27.
AB100-ASA1,669,1614 (ap) The department may require that the results of a client's assessment
15under par. (a) 2. be submitted at the time that a provider submits a request for prior
16authorization for medical assistance services.
AB100-ASA1,669,2017 (b) From the amounts carried forward under 1997 Wisconsin Act .... (this act),
18section 9123 (2), the department shall distribute funds to the entities with which the
19department contracts under par. (a) (intro.) for the performance of the functions
20specified under par. (a) 1. to 3.
AB100-ASA1,669,2121 (c) Paragraphs (a) 2., (am) and (ap) do not apply to any of the following:
AB100-ASA1,669,2322 1. Emergency admissions, as determined by a physician, but shall be applied
23within 10 days after the admission.
AB100-ASA1,670,224 2. A private pay patient seeking admission to or about to be admitted to a
25nursing home or community-based residential facility who is informed about the

1program but waives the assessment, unless the patient will be eligible for medical
2assistance within 6 months after the assessment.
AB100-ASA1,670,53 3. Persons seeking admission to or about to be admitted to the Wisconsin
4Veteran's Home at King who are informed about the pilot project but waive the
5assessment.
AB100-ASA1,670,76 4. Any person who is readmitted to a nursing home or community-based
7residential facility from a hospital within 6 months after being assessed.
AB100-ASA1,670,98 5. Current residents of a nursing home or community-based residential facility
9who are eligible for an assessment but who waive the assessment.
AB100-ASA1,670,1110 6. A person who enters a nursing home or community-based residential facility
11for recuperative care.
AB100-ASA1,670,1312 7. A person who enters a nursing home or community-based residential facility
13for respite care.
AB100-ASA1,670,1714 8. A person who is admitted to a nursing home or community-based residential
15facility from another nursing home or community-based residential facility, unless
16the person requests an assessment and funds distributed for assessments under par.
17(b) are available to the entity.
AB100-ASA1, s. 1141 18Section 1141. 46.271 (3) of the statutes is renumbered 46.271 (1) (c) and
19amended to read:
AB100-ASA1,670,2220 46.271 (1) (c) The department may contract with an aging unit, as defined in
21s. 46.27 (1) (a), for administration of services under sub. (1) par. (a) if, by resolution,
22the county board of supervisors of that county so requests the department.
AB100-ASA1, s. 1468d 23Section 1468d. 46.275 (title) of the statutes is amended to read:
AB100-ASA1,670,25 2446.275 (title) Community integration program for state center
25residents
of state centers.
AB100-ASA1, s. 1468g
1Section 1468g. 46.275 (1) of the statutes is amended to read:
AB100-ASA1,671,72 46.275 (1) Legislative intent. The intent of the program under this section is
3to relocate persons from the residents of any state centers center for the
4developmentally disabled into appropriate community settings with the assistance
5of home and community-based services and with continuity of care. The intent of
6the program is also to minimize its impact on state employes through redeployment
7of employes into vacant positions.
AB100-ASA1, s. 1468m 8Section 1468m. 46.275 (1m) (b) of the statutes is amended to read:
AB100-ASA1,671,119 46.275 (1m) (b) "Program" means the community integration program for
10residents of any state centers center for the developmentally disabled, for which a
11waiver has been received under sub. (2).
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