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-ASA1,670,25
2446.275 (title)
Community integration program for state center
25residents of state centers.
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-ASA1,671,119
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).
AB100-ASA1,671,2313
46.275
(2) Departmental powers and duties. (intro.) The department may
14request a waiver from the secretary of the U.S. department of health and human
15services, under
42 USC 1396n (c), authorizing the department to integrate
medical
16assistance recipients who reside in state centers residents of any state center for the
17developmentally disabled
who receive medical assistance into their communities by
18providing home and community-based services as part of the medical assistance
19program. If the department requests this waiver, it shall include all assurances
20required under
42 USC 1396n (c) (2) in its request. If the department receives this
21waiver, at the end of the 3-year period during which the waiver remains in effect the
22department may request an additional 3-year extension of the waiver. If the
23department receives this waiver, it shall:
AB100-ASA1,672,3
146.275
(2) (b) Evaluate the effect of the program on medical assistance costs
2and on the program's ability to provide community care alternatives to institutional
3care in
a state
centers center for the developmentally disabled.
AB100-ASA1,672,105
46.275
(5) (a) Medical assistance reimbursement for services a county, or the
6department under sub. (3r), provides under this program is available from the
7appropriations under s. 20.435
(1) (5) (b) and (o). If 2 or more counties jointly contract
8to provide services under this program and the department approves the contract,
9medical assistance reimbursement is also available for services provided jointly by
10these counties.
AB100-ASA1,672,1812
46.275
(5) (c) The total allocation under s. 20.435
(1) (5) (b) and (o) to counties
13and to the department under sub. (3r) for services provided under this section may
14not exceed the amount approved by the federal department of health and human
15services. A county may use funds received under this section only to provide services
16to persons who meet the requirements under sub. (4) and may not use unexpended
17funds received under this section to serve other developmentally disabled persons
18residing in the county.
AB100-ASA1,672,2420
46.275
(5) (d) The department may, from the appropriation under s. 20.435
(1) 21(5) (o), provide reimbursement for services provided under this section by counties
22that are in excess of the current average annual per person rate, as established by
23the department, and are less than the average amount approved in the waiver
24received under sub. (2).
AB100-ASA1,673,10
146.277
(3) (c) Beginning on January 1, 1996, from the annual allocation to the
2county for the provision of long-term community support services under sub. (5),
3annually establish a maximum total amount
, not to exceed 25% of the annual
4allocation, 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. (5) 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-ASA1,673,1512
46.277
(5) (d) 1m. No county may use funds received under this section to
13provide services to a person who does not live in his or her own home or apartment
14unless, subject to the limitations under subds. 2. and 3. and par. (e), one of the
15following applies:
AB100-ASA1,673,1916
a. The services are provided to the person in a community-based residential
17facility that entirely consists of independent apartments, each of which has an
18individual lockable independent entrance and exit and individual separate kitchen,
19bathroom, sleeping and living areas.
AB100-ASA1,673,2220
b. The person suffers from Alzheimer's disease or related dementia and the
21services are provided to the person in a community-based residential facility that
22has a dementia care program.
AB100-ASA1,673,2423
c. The services are provided to the person in a residential care apartment
24complex, as defined in s. 50.01 (1d).
AB100-ASA1,674,2
1d. The services are provided to the individual in an adult family home, as
2defined in s. 50.01 (1).
AB100-ASA1,674,33
e. Subdivision 1n. applies.
AB100-ASA1,674,105
46.277
(5) (d) 1n. A county may also use funds received under this section,
6subject to the limitations under subds. 2. and 3. and par. (e), to provide services to
7a person who does not live in his or her own home or apartment if the services are
8provided to the person in a community-based residential facility and the county
9department or aging unit has determined that all of the following conditions have
10been met:
AB100-ASA1,674,1311
a. An assessment under s. 46.27 (6) has been completed for the person prior
12to the person's admission to the community-based residential facility, whether or not
13the person is a private pay admittee at the time of admission.
AB100-ASA1,674,1714
b. The county department or aging unit documents that the option of in-home
15services has been discussed with the person, thoroughly evaluated and found to be
16infeasible, as determined by the county department or aging unit in accordance with
17rules promulgated by the department of health and family services.
AB100-ASA1,674,2018
c. The county department or aging unit determines that the community-based
19residential facility is the person's preferred place of residence or is the setting
20preferred by the person's guardian.
AB100-ASA1,674,2221
d. The county department or aging unit determines that the community-based
22residential facility provides a quality environment and quality care services.
AB100-ASA1,674,2523
e. The county department or aging unit determines that placement in the
24community-based residential facility is cost-effective compared to other options,
25including home care and nursing home care.
AB100-ASA1,675,72
46.277
(5) (d) 1p. a. Subject to the approval of the department, a county may
3establish and implement more restrictive conditions than those imposed under subd.
41m. on the use of funds received under this section for the provision of services to a
5person in a community-based residential facility. A county that establishes more
6restrictive conditions under this paragraph shall include the conditions in its plan
7under sub. (3) (a).
AB100-ASA1,675,128
b. If the department determines that a county has engaged in a pattern of
9inappropriate use of funds received under this section, the department may revoke
10its approval of the county's conditions established under subd. 1. a., if any, and may
11prohibit the county from using funds received under this section to provide services
12under subd. 1n.
AB100-ASA1,675,1914
46.278
(6) (d) If a county makes available nonfederal funds equal to the state
15share of service costs under the waiver received under sub. (3), the department may,
16from the appropriation under s. 20.435
(1) (5) (o), provide reimbursement for services
17that the county provides under this section to persons who are in addition to those
18who may be served under this section with funds from the appropriation under s.
1920.435
(1) (5) (b).
AB100-ASA1,675,2521
46.278
(6) (f) If a county owns the institution or intermediate care facility for
22the mentally retarded from which an individual is relocated to the community under
23this section, in order to receive funding under the program, the county shall submit
24a plan for delicensing a bed of the institution or intermediate care facility for the
25mentally retarded that is approved by the department.
AB100-ASA1,676,32
46.28
(3) The department may authorize the authority to issue revenue bonds
3under s.
234.70 234.61 to finance any residential facility it approves under sub. (2).
AB100-ASA1,676,75
46.28
(4) The department may charge sponsors for administrative costs and
6expenses it incurs in exercising its powers and duties under this section and under
7s.
234.70 234.61.
AB100-ASA1,676,109
46.29
(3) (a) The
secretary of education state superintendent of public
10instruction.
AB100-ASA1,676,1412
46.30
(4) (a) The department shall distribute the federal community services
13block grant funds received under
42 USC 9903 and deposited in the appropriations
14under s. 20.435
(6) (3) (mc) and
(7) (md).
AB100-ASA1,676,1716
46.35
(4) (a) The
secretary of education state superintendent of public
17instruction.
AB100-ASA1,676,2419
46.40
(1) (a) Within the limits of available federal funds and of the
20appropriations under s. 20.435
(3) (o) and (7) (b)
, (kw) and (o), the department shall
21distribute funds for community social, mental health, developmental disabilities and
22alcohol and other drug abuse services and for services under ss. 46.51, 46.87, 46.985
23and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437
24and to county aging units, as provided in subs. (2)
, (2m) and (7) to (8).
AB100-ASA1,677,5
146.40
(1) (b) Notwithstanding s. 46.49, if the department receives any federal
2moneys under
42 USC 670 to
679a in reimbursement of moneys allocated under par.
3(a) for the provision of foster care, the department shall distribute those federal
4moneys for services and projects to assist children and families
and for the purposes
5specified in s. 46.46.
AB100-ASA1,677,197
46.40
(1) (c) The Milwaukee County department of social services shall report
8to the department in a manner specified by the department on all children under the
9supervision of the Milwaukee County department of social services who are placed
10in foster homes and whose foster parents receive funding for child care from the
11amounts distributed under par. (a) so that the department may claim federal foster
12care and adoption assistance reimbursement under
42 USC 670 to
679a for the
13amounts expended by the Milwaukee County department of social services for the
14provision of child care for those children. Notwithstanding s. 46.49, if the
15department receives any federal moneys under
42 USC 67 670 to
679a in
16reimbursement of the amounts expended by the Milwaukee County department of
17social services for the provision of child care for children in foster care in 1996 and
181997, the department shall distribute those federal moneys to the Milwaukee County
19department of social services for the provision of child care for children in foster care.
AB100-ASA1,677,2421
46.40
(2) Basic county allocation. For social services under s. 46.495 (1) (d)
22and services under s. 51.423 (2), the department shall distribute not more than
23$292,368,400 $285,731,000 for fiscal year
1995-96 1997-98 and
$291,349,200
24$285,598,500 for fiscal year
1996-97
1998-99.
AB100-ASA1,678,5
146.40
(2m) (a)
Prevention and treatment of substance abuse. For prevention
2and treatment of substance abuse under
42 USC 300x-21 to
300x-35, the
3department shall distribute not more than
$11,087,200
$9,702,400 in fiscal year
41995-96 1997-98 and not more than
$11,285,200 $8,641,100 in fiscal year
1996-97 51998-99.
AB100-ASA1,678,107
46.40
(2m) (b)
Community mental health services. For community mental
8health services under
42 USC 300x to
300x-9, the department shall distribute not
9more than $2,513,400 in
each fiscal year
1995-96 and not more than $2,513,400 in
10fiscal year 1996-97.
AB100-ASA1,678,1712
46.40
(3) Tribal child care. For child care services under
42 USC 9858, the
13department shall distribute not more than $412,800 in each fiscal year from the
14appropriation account under s. 20.435 (7) (b) to federally recognized American
15Indian tribes or bands. A tribe or band that receives funding under this subsection
16shall use that funding to provide child care for an eligible child, as defined in
42 USC
179858n (4).
AB100-ASA1,678,2519
46.40
(14m) County community aids budgets. Before December 1 of each year,
20each county department under ss. 46.215, 46.22, 46.23, 51.42 and 51.437 and each
21tribal governing body shall submit to the department a proposed budget for the
22expenditure of funds allocated under this section
, distributed under s. 46.45 (2) (a)
23or carried forward under s. 46.45 (3) (a). The proposed budget shall be submitted on
24a form developed by the department and approved by the department of
25administration.
AB100-ASA1,679,112
46.45
(2) (a) If on December 31 of any year there remains unspent or
3unencumbered in the allocation under s. 46.40 (2) an amount that exceeds the
4amount received under
42 USC 670 to
679a and allocated under s. 46.40 (2) in that
5year, the department shall carry forward the excess moneys and distribute not less
6than 50% of the excess moneys to counties having a population of less than 500,000
7for services and projects to assist children and families, notwithstanding the
8percentage limit specified in sub. (3) (a). A county shall use not less than 50% of the
9moneys distributed to the county under this subsection for services for children who
10are at risk of abuse or neglect to prevent the need for child abuse and neglect
11intervention services.
AB100-ASA1,679,1412
(b) A county may not use any moneys distributed under par. (a) to supplant any
13other moneys expended by the county for services and projects to assist children and
14families in a base year determined by the department.
AB100-ASA1,679,1715
(c) The department shall credit to the appropriation account under s. 20.435
16(8) (mb) any moneys carried forward under par. (a), but not distributed to counties,
17and may expend those moneys as provided in s. 46.46.
AB100-ASA1,679,24
1946.46 Expenditure of income augmentation services receipts. (1) From
20the appropriation account under s. 20.435 (8) (mb), the department shall support
21costs that are exclusively related to the operational costs of augmenting the amount
22of moneys received under
42 USC 670 to
679a,
42 USC 1395 to
1395ddd and
42 USC
231396 to
1396v. In addition, the department may expend moneys from the
24appropriation account under s. 20.435 (8) (mb) as provided in sub. (2).
AB100-ASA1,680,12
1(2) If the department proposes to use any moneys from the appropriation
2account under s. 20.435 (8) (mb) for any purpose other than the purpose specified in
3sub. (1), the department shall submit a plan for the proposed use of those moneys to
4the secretary of administration. If the secretary of administration approves the plan,
5he or she shall submit the plan to the joint committee on finance. If the
6cochairpersons of the committee do not notify the secretary of administration within
714 working days after the date of submittal of the plan that the committee has
8scheduled a meeting for the purpose of reviewing the plan, the department may
9implement the plan. If within 14 working days after the date of the submittal by the
10secretary of administration the cochairpersons of the committee notify him or her
11that the committee has scheduled a meeting for the purpose of reviewing the plan,
12the department may implement the plan only with the approval of the committee.
AB100-ASA1,680,1916
46.48
(15) (a) 1. For recruiting, training and licensing new foster parents and
17treatment foster parents for children in Milwaukee county and for providing ongoing
18family reunification services for children and families in Milwaukee county,
19$750,000 $375,000 in each fiscal year.
AB100-ASA1, s. 1163
20Section
1163. 46.48 (15) (a) 1. of the statutes, as affected by 1997 Wisconsin
21Act .... (this act), is repealed.
AB100-ASA1,680,2423
46.48
(15) (a) 2. For purchasing foster parent and treatment foster parent
24training from a private or educational agency,
$150,000 $75,000 in each fiscal year.
AB100-ASA1, s. 1165
1Section
1165. 46.48 (15) (a) 2. of the statutes, as affected by 1997 Wisconsin
2Act .... (this act), is repealed.
AB100-ASA1,681,84
46.48
(15) (a) 3. For enhancing Milwaukee county's capacity to assess the needs
5of children who are in long-term foster or treatment foster care and children who are
6new to foster or treatment foster care, for recruiting and investigating proposed
7adoptive parents and for prosecuting adoption petitions,
$130,000 $65,000 in each
8fiscal year.
AB100-ASA1, s. 1167
9Section
1167. 46.48 (15) (a) 3. of the statutes, as affected by 1997 Wisconsin
10Act .... (this act), is repealed.
