AB100-engrossed,704,1511 46.10 (1) Liability and the collection and enforcement of such liability for the
12care, maintenance, services and supplies specified in this section is governed
13exclusively by this section, except in cases of child support ordered by a court under
14s. 48.355 (2) (b) 4., 48.357 (5m), 48.363 (2), 938.183 (2) (4), 938.355 (2) (b) 4., 938.357
15(5m) or 938.363 (2) or ch. 767.
AB100-engrossed, s. 1420m 16Section 1420m. 46.10 (2) of the statutes is amended to read:
AB100-engrossed,705,1917 46.10 (2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
18including but not limited to a person admitted, committed or placed under s. 975.01,
191977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 48.366, 51.10,
2051.13, 51.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06,
21938.183 (2), 938.34 (4h) or (4m), 938.357 (4) and (5) (e), 971.14 (2) and (5), 971.17 (1),
22975.06 and 980.06, receiving care, maintenance, services and supplies provided by
23any institution in this state including University of Wisconsin Hospitals and Clinics,
24in which the state is chargeable with all or part of the person's care, maintenance,
25services and supplies, any person receiving care and services from a county

1department established under s. 51.42 or 51.437 or from a facility established under
2s. 49.73, and any person receiving treatment and services from a public or private
3agency under s. 971.17 (3) (d) or (4) (e), 980.06 (2) (c) or 980.08 (5) and the person's
4property and estate, including the homestead, and the spouse of the person, and the
5spouse's property and estate, including the homestead, and, in the case of a minor
6child, the parents of the person, and their property and estates, including their
7homestead, and, in the case of a foreign child described in s. 48.839 (1) who became
8dependent on public funds for his or her primary support before an order granting
9his or her adoption, the resident of this state appointed guardian of the child by a
10foreign court who brought the child into this state for the purpose of adoption, and
11his or her property and estate, including his or her homestead, shall be liable for the
12cost of the care, maintenance, services and supplies in accordance with the fee
13schedule established by the department under s. 46.03 (18). If a spouse, widow or
14minor, or an incapacitated person may be lawfully dependent upon the property for
15their support, the court shall release all or such part of the property and estate from
16the charges that may be necessary to provide for those persons. The department
17shall make every reasonable effort to notify the liable persons as soon as possible
18after the beginning of the maintenance, but the notice or the receipt thereof is not
19a condition of liability.
AB100-engrossed, s. 1420n 20Section 1420n. 46.10 (8m) (a) 2. of the statutes is amended to read:
AB100-engrossed,706,221 46.10 (8m) (a) 2. Deduct or remit, through the appropriation under s. 20.435
22(2) (gk), all money collected for persons who are ineligible for medical assistance
23benefits and who lack other means of full payment for care provided on or after
24January 1, 1982, by centers a center for the developmentally disabled. The deduction

1or remittance under this subdivision may not exceed the amount chargeable under
2s. 51.437 (4rm) (c) 2. a.
AB100-engrossed, s. 1420p 3Section 1420p. 46.10 (14) (a) of the statutes is amended to read:
AB100-engrossed,706,184 46.10 (14) (a) Except as provided in pars. (b) and (c), liability of a person
5specified in sub. (2) or s. 46.03 (18) for inpatient care and maintenance of persons a
6person
under 18 years of age at a community mental health centers center, a county
7mental health complex under s. 51.08, the centers a center for the developmentally
8disabled, the Mendota mental health institute and or the Winnebago mental health
9institute or for care and maintenance of persons a person under 18 years of age in
10a residential, nonmedical facilities facility such as a group homes home, foster homes
11home, treatment foster homes home, child caring institutions and institution or
12juvenile correctional institutions institution is determined in accordance with the
13cost-based fee established under s. 46.03 (18). The department shall bill the liable
14person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m)
15or by other 3rd party benefits, subject to rules which include formulas governing
16ability to pay promulgated by the department under s. 46.03 (18). Any liability of the
17patient not payable by any other person terminates when the patient reaches age 18,
18unless the liable person has prevented payment by any act or omission.
AB100-engrossed, s. 1421m 19Section 1421m. 46.10 (14) (b) of the statutes, as affected by 1997 Wisconsin
20Act 3
, is amended to read:
AB100-engrossed,707,421 46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability
22of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the
23parent's minor child who has been placed by a court order under s. 48.355, 48.357,
24938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility such as a group
25home, foster home, treatment foster home, child caring institution or juvenile

1correctional institution shall be determined by the court by using the percentage
2standard established by the department of workforce development under s. 49.22 (9)
3and by applying the percentage standard in the manner established by the
4department under s. 46.247.
AB100-engrossed, s. 1422m 5Section 1422m. 46.10 (14) (e) 1. of the statutes is amended to read:
AB100-engrossed,707,136 46.10 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m), 48.363
7(2), 938.183 (2) (4), 938.355 (2) (b) 4., 938.357 (5m) or 938.363 (2) for support
8determined under this subsection constitutes an assignment of all commissions,
9earnings, salaries, wages, pension benefits, benefits under ch. 102 or 108 and other
10money due or to be due in the future to the county department under s. 46.215, 46.22
11or 46.23 in the county where the order was entered or to the department, depending
12upon the placement of the child as specified by rules promulgated under subd. 5. The
13assignment shall be for an amount sufficient to ensure payment under the order.
AB100-engrossed, s. 1423m 14Section 1423m. 46.10 (14) (e) 1. of the statutes, as affected by 1997 Wisconsin
15Act .... (this act), is repealed and recreated to read:
AB100-engrossed,707,2316 46.10 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m) or 48.363
17(2) for support determined under this subsection constitutes an assignment of all
18commissions, earnings, salaries, wages, pension benefits, benefits under ch. 102 or
19108 and other money due or to be due in the future to the county department under
20s. 46.22 or 46.23 in the county where the order was entered or to the department,
21depending upon the placement of the child as specified by rules promulgated under
22subd. 5. The assignment shall be for an amount sufficient to ensure payment under
23the order.
AB100-engrossed, s. 1423p 24Section 1423p. 46.10 (14) (e) 1m. of the statutes is created to read:
AB100-engrossed,708,8
146.10 (14) (e) 1m. An order issued under s. 938.183 (4), 938.355 (2) (b) 4.,
2938.357 (5m) or 938.363 (2) for support determined under this subsection constitutes
3an assignment of all commissions, earnings, salaries, wages, pension benefits,
4benefits under ch. 102 or 108 and other money due or to be due in the future to the
5county department under s. 46.215, 46.22 or 46.23 in the county where the order was
6entered or to the department, depending upon the placement of the child as specified
7by rules promulgated under subd. 5. The assignment shall be for an amount
8sufficient to ensure payment under the order.
AB100-engrossed, s. 1427m 9Section 1427m. 46.21 (1) (d) of the statutes is amended to read:
AB100-engrossed,708,1710 46.21 (1) (d) "Human services" means the total range of services to people,
11including mental illness treatment, developmental disabilities services, physical
12disabilities services, relief funded by a relief block grant under ch. 49, income
13maintenance, youth probation and parole services, alcohol and drug abuse services,
14services to children, youth and families, family counseling, exceptional educational
15services for children from birth to the age of 3 and manpower services. "Human
16services" does not include child welfare services under s. 48.48 (17) administered by
17the department in a county having a population of 500,000 or more.
AB100-engrossed, s. 1428 18Section 1428. 46.21 (2) (a) of the statutes is amended to read:
AB100-engrossed,709,319 46.21 (2) (a) Shall adopt policies for the management, operation, maintenance
20and improvement of the county hospital; the detention center; the probation section
21of the children's court center; the provision and maintenance of the physical facilities
22for the children's court and its intake section under the supervision and operation
23of the judges assigned to exercise jurisdiction under chs. 48 and 938 and as provided
24in ss. 48.06 (1) and s. 938.06 (1); the mental health complex; the county department
25of human services; the central service departments; and all buildings and land used

1in connection with any institution under this section. The powers and duties of the
2county board of supervisors are policy forming only, and not administrative or
3executive.
AB100-engrossed, s. 1430 4Section 1430. 46.215 (1) (intro.) of the statutes is amended to read:
AB100-engrossed,709,145 46.215 (1) Creation; powers and duties. (intro.) In a county with a population
6of 500,000 or more the administration of welfare services, other than child welfare
7services under s. 48.48 (17) administered by the department,
is vested in a county
8department of social services under the jurisdiction of the county board of
9supervisors under s. 46.21 (2m) (b) 1. a. Any reference in any law to a county
10department of social services under this section applies to a county department
11under s. 46.21 (2m) in its administration under s. 46.21 (2m) of the powers and duties
12of the county department of social services. The county department of social services
13shall have the following functions, duties and powers, and such other welfare
14functions as may be delegated to it:
AB100-engrossed, s. 1431 15Section 1431. 46.215 (1) (h) of the statutes is amended to read:
AB100-engrossed,709,2016 46.215 (1) (h) To administer child welfare services under ss. 48.56 and 48.57
17and
juvenile welfare services under s. 938.57,; and, if contracted to do so by the
18department,
to accept custody and guardianship of children upon the order of a
19competent court and, to place children for adoption and to make recommendations
20relating to the adoption of children under s. 48.85.
AB100-engrossed, s. 1432 21Section 1432. 46.215 (1) (i) of the statutes is amended to read:
AB100-engrossed,709,2422 46.215 (1) (i) To make such investigations as are provided for in s. 48.88 (2) (a)
23and (c), if contracted to do so by the department and if the court having jurisdiction
24so directs.
AB100-engrossed, s. 1436 25Section 1436. 46.215 (2) (c) 1. of the statutes is amended to read:
AB100-engrossed,710,12
146.215 (2) (c) 1. A county department of social services shall develop, under the
2requirements of s. 46.036, plans and contracts for care and services to be purchased,
3except for care and services under subch. III of ch. 49 or s. 301.08 (2). The department
4of health and family services may review the contracts and approve them if they are
5consistent with s. 46.036 and if state or federal funds are available for such purposes.
6The joint committee on finance may require the department of health and family
7services to submit the contracts to the committee for review and approval. The
8department of health and family services may not make any payments to a county
9for programs included in a contract under review by the committee. The department
10of health and family services shall reimburse each county for the contracts from the
11appropriations under s. 20.435 (3) (oo) and (7) (b) and (o) or under s. 20.435 (3) (cd),
12as appropriate, under s. 46.495.
AB100-engrossed, s. 1437 13Section 1437. 46.215 (2) (c) 3. of the statutes is amended to read:
AB100-engrossed,710,2314 46.215 (2) (c) 3. A county department of social services shall develop, under the
15requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related
16care and services to be purchased. The department of corrections may review the
17contracts and approve them if they are consistent with s. 301.08 (2) and if state or
18federal funds are available for such purposes. The joint committee on finance may
19require the department of corrections to submit the contracts to the committee for
20review and approval. The department of corrections may not make any payments
21to a county for programs included in a contract under review by the committee. The
22department of corrections shall reimburse each county for the contracts from the
23appropriations under s. 20.410 (3) (cd) and (oo) (ko) as appropriate.
AB100-engrossed, s. 1437r 24Section 1437r. 46.22 (1) (c) 1. b. of the statutes is amended to read:
AB100-engrossed,711,4
146.22 (1) (c) 1. b. `State institutions.' The Mendota mental health institute, the
2Winnebago mental health institute, centers a center for the developmentally
3disabled and a Type 1 secured correctional facilities facility, as defined in s. 938.02
4(19).
AB100-engrossed, s. 1438 5Section 1438. 46.22 (1) (c) 2. of the statutes is amended to read:
AB100-engrossed,711,166 46.22 (1) (c) 2. Subdivision 1. does not authorize the county department of
7social services to make investigations regarding admission to or release from the
8Waupun correctional institution, the Columbia correctional institution, the Racine
9correctional institution, the Racine Youthful Offender Correctional Facility, the
10correctional institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a),
the
11correctional institution authorized under s. 301.046 (1), the correctional institution
12authorized under s. 301.048 (4) (b), the correctional institution authorized under s.
13301.16 (1n), the Oshkosh correctional institution, the Green Bay correctional
14institution, the Dodge correctional institution, the Taycheedah correctional
15institution, county houses of correction, jails, detention homes or reforestation
16camps.
AB100-engrossed, s. 1439 17Section 1439. 46.22 (1) (e) 3. a. of the statutes is amended to read:
AB100-engrossed,712,418 46.22 (1) (e) 3. a. A county department of social services shall develop, under
19the requirements of s. 46.036, plans and contracts for care and services, except under
20subch. III of ch. 49 and s. 301.08 (2), to be purchased. The department of health and
21family services may review the contracts and approve them if they are consistent
22with s. 46.036 and to the extent that state or federal funds are available for such
23purposes. The joint committee on finance may require the department of health and
24family services to submit the contracts to the committee for review and approval.
25The department of health and family services may not make any payments to a

1county for programs included in the contract that is under review by the committee.
2The department of health and family services shall reimburse each county for the
3contracts from the appropriations under s. 20.435 (3) (oo) and (7) (b) and (o) or under
4s. 20.435 (3) (cd),
according to s. 46.495.
AB100-engrossed, s. 1440 5Section 1440. 46.22 (1) (e) 3. c. of the statutes is amended to read:
AB100-engrossed,712,166 46.22 (1) (e) 3. c. A county department of social services shall develop, under
7the requirements of s. 301.08 (2), plans and contracts for juvenile
8delinquency-related care and services to be purchased. The department of
9corrections may review the contracts and approve them if they are consistent with
10s. 301.08 (2) and to the extent that state or federal funds are available for such
11purposes. The joint committee on finance may require the department of corrections
12to submit the contracts to the committee for review and approval. The department
13of corrections may not make any payments to a county for programs included in the
14contract that is under review by the committee. The department of corrections shall
15reimburse each county for the contracts from the appropriations under s. 20.410 (3)
16(cd) and (oo) (ko) as appropriate.
AB100-engrossed, s. 1445 17Section 1445. 46.238 of the statutes is amended to read:
AB100-engrossed,712,24 1846.238 Infants whose mothers abuse controlled substances or
19controlled substance analogs.
If the a county department under s. 46.215, 46.22
20or 46.23 or, in a county having a population of 500,000 or more, a county department
21under s. 51.42 or 51.437
receives a report under s. 146.0255 (2), the county
22department shall offer to provide appropriate services and treatment to the child and
23the child's mother or the county department shall make arrangements for the
24provision of appropriate services or treatment.
AB100-engrossed, s. 1446L
1Section 1446L. 46.245 (intro.) and (1) of the statutes are consolidated,
2renumbered 46.245 and amended to read:
AB100-engrossed,713,13 346.245Information for certain pregnant women. A Upon request, a
4county department under s. 46.215, 46.22 or 46.23 shall do all of the following: (1)
5Upon request,
distribute the materials described under s. 253.10 (3) (d), as prepared
6and distributed by the department. The county department may charge a fee not to
7exceed the actual cost of preparation and distribution of the materials.
A physician
8who intends to perform or induce an abortion or another qualified physician, as
9defined in s. 253.10 (2) (g), who reasonably believes that he or she might have a
10patient for whom the information under s. 253.10 (3) (d) is required to be given, shall
11request a reasonably adequate number of the materials from the county department
12under this subsection section or from the department under s. 253.10 (3) (d). An
13individual may request a reasonably adequate number of the materials.
AB100-engrossed, s. 1446m 14Section 1446m. 46.245 (2) of the statutes is repealed.
AB100-engrossed, s. 1447m 15Section 1447m. 46.247 of the statutes, as affected by 1997 Wisconsin Act 3,
16is amended to read:
AB100-engrossed,713,24 1746.247 Application of child support standard for certain children. For
18purposes of determining child support under s. 46.10 (14) (b), the department shall
19promulgate rules related to the application of the standard established by the
20department of workforce development under s. 49.22 (9) to a child support obligation
21for the care and maintenance of a child who is placed by a court order under s. 48.355,
2248.357, 938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility. The
23rules shall take into account the needs of any person, including dependent children
24other than the child, whom either parent is legally obligated to support.
AB100-engrossed, s. 1449 25Section 1449. 46.261 (2) (a) (intro.) of the statutes is amended to read:
AB100-engrossed,714,3
146.261 (2) (a) (intro.) A The department or a county department under s.
246.215, 46.22 or 46.23 shall grant aid on behalf of a dependent child to any of the
3following:
AB100-engrossed, s. 1450 4Section 1450. 46.261 (2) (a) 1. of the statutes is amended to read:
AB100-engrossed,714,175 46.261 (2) (a) 1. A nonrelative who cares for the dependent child in a foster
6home or treatment foster home having a license under s. 48.62, in a foster home or
7treatment foster home located within the boundaries of a federally recognized
8American Indian reservation in this state and licensed by the tribal governing body
9of the reservation or in a group home licensed under s. 48.625 or a minor custodial
10parent who cares for the dependent child
, regardless of the cause or prospective
11period of dependency. The state shall reimburse counties pursuant to the procedure
12under s. 46.495 (2) and the percentage rate of participation set forth in s. 46.495 (1)
13(d) for aid granted under this section except that if the child does not have legal
14settlement in the granting county, state reimbursement shall be at 100%. The county
15department under s. 46.215 or 46.22 shall determine the legal settlement of the child.
16A child under one year of age shall be eligible for aid under this subsection
17irrespective of any other residence requirement for eligibility within this section.
AB100-engrossed, s. 1451 18Section 1451. 46.261 (2) (a) 1. of the statutes, as affected by 1997 Wisconsin
19Act .... (this act), is repealed and recreated to read:
AB100-engrossed,715,820 46.261 (2) (a) 1. A nonrelative who cares for the dependent child in a foster
21home or treatment foster home having a license under s. 48.62, in a foster home or
22treatment foster home located within the boundaries of a federally recognized
23American Indian reservation in this state and licensed by the tribal governing body
24of the reservation or in a group home licensed under s. 48.625 or a minor custodial
25parent who cares for the dependent child, regardless of the cause or prospective

1period of dependency. The state shall reimburse counties pursuant to the procedure
2under s. 46.495 (2) and the percentage rate of participation set forth in s. 46.495 (1)
3(d) for aid granted under this section except that if the child does not have legal
4settlement in the granting county, state reimbursement shall be at 100%. The county
5department under s. 46.215 or 46.22 or the department under s. 48.48 (17) shall
6determine the legal settlement of the child. A child under one year of age shall be
7eligible for aid under this subsection irrespective of any other residence requirement
8for eligibility within this section.
AB100-engrossed, s. 1452 9Section 1452. 46.261 (2) (a) 2. of the statutes is amended to read:
AB100-engrossed,715,1710 46.261 (2) (a) 2. A county or, in a county having a population of 500,000 or more,
11the department
, on behalf of a child in the legal custody of a county department under
12s. 46.215, 46.22 or 46.23 or the department under s. 48.48 (17) or on behalf of a child
13who was removed from the home of a relative, as defined under s. 48.02 (15), as a
14result of a judicial determination that continuance in the home of a relative would
15be contrary to the child's welfare for any reason when such child is placed in a
16licensed child caring institution by the county department or the department.
17Reimbursement shall be made by the state pursuant to subd. 1.
AB100-engrossed, s. 1453 18Section 1453. 46.261 (2) (a) 3. of the statutes is amended to read:
AB100-engrossed,716,319 46.261 (2) (a) 3. A county or, in a county having a population of 500,000 or more,
20the department
, when the child is placed in a licensed foster home, treatment foster
21home, group home or child caring institution by a licensed child welfare agency or
22by a federally recognized American Indian tribal governing body in this state or by
23its designee, if the child is in the legal custody of the county department under s.
2446.215, 46.22 or 46.23 or the department under s. 48.48 (17) or if the child was
25removed from the home of a relative, as defined under s. 48.02 (15), as a result of a

1judicial determination that continuance in the home of the relative would be contrary
2to the child's welfare for any reason and the placement is made pursuant to an
3agreement with the county department or the department.
AB100-engrossed, s. 1454 4Section 1454. 46.261 (2) (a) 4. of the statutes is amended to read:
AB100-engrossed,716,135 46.261 (2) (a) 4. A licensed foster home or, treatment foster home, a group home
6licensed under s. 48.625 or a child caring institution by the state when the child is
7in the custody or guardianship of the state, when the child is a ward of an American
8Indian tribal court in this state and the placement is made under an agreement
9between the department and the tribal governing body or when the child was part
10of the state's direct service case load and was removed from the home of a relative,
11as defined under s. 48.02 (15), as a result of a judicial determination that continuance
12in the home of a relative would be contrary to the child's welfare for any reason and
13the child is placed by the department.
AB100-engrossed, s. 1454m 14Section 1454m. 46.27 (3) (f) of the statutes is amended to read:
AB100-engrossed,716,2415 46.27 (3) (f) Beginning on January 1, 1996, from the annual allocation to the
16county for the provision of long-term community support services under subs. (7) (b)
17and (11), annually establish a maximum total amount, not to exceed 25% of the
18annual allocation,
that may be encumbered in a calendar year for services for eligible
19individuals in community-based residential facilities. If the total amount that is
20encumbered for services for individuals in community-based residential facilities
21who are receiving services under sub. (7) (b) on January 1, 1996, exceeds 25% of the
22county's annual allocation, a county may request a waiver of the requirement under
23this paragraph from the department. The department need not promulgate as rules
24under ch. 227 the standards for granting a waiver request under this paragraph.
AB100-engrossed, s. 1455 25Section 1455. 46.27 (4) (c) 8. of the statutes is created to read:
AB100-engrossed,717,3
146.27 (4) (c) 8. If a pilot project under s. 46.271 (2m) is established in the county,
2a description of how the activities of the pilot project relate to and are coordinated
3with the county's proposed program.
AB100-engrossed, s. 1456 4Section 1456. 46.27 (5) (am) of the statutes is amended to read:
AB100-engrossed,717,175 46.27 (5) (am) Organize assessment activities specified in sub. (6). The county
6department or aging unit shall utilize persons for each assessment who can
7determine the needs of the person being assessed and who know the availability
8within the county of services alternative to placement in a nursing home. If any
9hospital patient is referred to a nursing home for admission, these persons shall work
10with the hospital discharge planner in performing the activities specified in sub. (6).
11The county department or aging unit shall coordinate the involvement of
12representatives from the county departments under ss. 46.215, 46.22, 51.42 and
1351.437, health service providers and the county commission on aging in the
14assessment activities specified in sub. (6), as well as the person being assessed and
15members of the person's family or the person's guardian. This paragraph does not
16apply to a county department or aging unit in a county where a pilot project under
17s. 46.271 (2m) is established.
AB100-engrossed, s. 1457 18Section 1457. 46.27 (6) (a) 3. of the statutes is amended to read:
AB100-engrossed,718,219 46.27 (6) (a) 3. In each participating county, except in counties where a pilot
20project under s. 46.271 (2m) is established,
assessments shall be conducted for those
21persons and in accordance with the procedures described in the county's community
22options plan. The county may elect to establish assessment priorities for persons in
23target groups identified by the county in its plan regarding gradual implementation.
24If a person who is already admitted to a nursing home requests an assessment and

1if funds allocated for assessments under sub. (7) (am) are available, the county shall
2conduct the assessment.
AB100-engrossed, s. 1458 3Section 1458. 46.27 (6g) (intro.) of the statutes is amended to read:
AB100-engrossed,718,74 46.27 (6g) Fiscal responsibility. (intro.) Except as provided in s. 51.40, and
5within the limitations under sub. (7) (b), the fiscal responsibility of a county for an
6assessment, unless the assessment is performed by an entity under s. 46.271 (2m),
7case plan or services provided to a person under this section is as follows:
AB100-engrossed, s. 1459 8Section 1459. 46.27 (7) (b) 1r. of the statutes is repealed.
AB100-engrossed, s. 1459m 9Section 1459m. 46.27 (7) (cj) of the statutes is created to read:
AB100-engrossed,718,1210 46.27 (7) (cj) No county may use funds received under par. (b) to provide
11services to a person who does not live in his or her own home or apartment unless,
12subject to the limitations under par. (cm), one of the following applies:
AB100-engrossed,718,1613 1. The services are provided to the person in a community-based residential
14facility that entirely consists of independent apartments, each of which has an
15individual lockable independent entrance and exit and individual separate kitchen,
16bathroom, sleeping and living areas.
AB100-engrossed,718,1917 2. The person suffers from Alzheimer's disease or related dementia and the
18services are provided to the person in a community-based residential facility that
19has a dementia care program.
AB100-engrossed,718,2220 3. The services are provided to the person in a community-based residential
21facility and the county department or aging unit has determined that all of the
22following conditions have been met:
AB100-engrossed,718,2523 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-engrossed,719,4
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-engrossed,719,75 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-engrossed,719,98 d. The county department or aging unit determines that the community-based
9residential facility provides a quality environment and quality care services.
AB100-engrossed,719,1210 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-engrossed,719,1413 5. The services are provided to the person in an adult family home, as defined
14in s. 50.01 (1).
AB100-engrossed, s. 1459mf 15Section 1459mf. 46.27 (7) (ck) of the statutes is created to read:
AB100-engrossed,719,2116 46.27 (7) (ck) 1. Subject to the approval of the department, a county may
17establish and implement more restrictive conditions than those imposed under par.
18(cj) on the use of funds received under par. (b) for the provision of services to a person
19in a community-based residential facility. A county that establishes more restrictive
20conditions under this subdivision shall include the conditions in its community
21options plan under sub. (3) (cm).
AB100-engrossed,720,222 2. If the department determines that a county has engaged in a pattern of
23inappropriate use of funds received under par. (b), the department may revoke its
24approval of the county's conditions established under subd. 1., if any, and may

1prohibit the county from using funds received under par. (b) to provide services under
2par. (cj) 3.
AB100-engrossed, s. 1460m 3Section 1460m. 46.27 (9) (a) of the statutes is amended to read:
AB100-engrossed,720,124 46.27 (9) (a) The department may select up to 5 counties that volunteer to
5participate in a pilot project under which they will receive certain funds allocated for
6long-term care. The department shall allocate a level of funds to these counties
7equal to the amount that would otherwise be paid under s. 20.435 (1) (5) (b) to nursing
8homes for providing care because of increased utilization of nursing home services,
9as estimated by the department. In estimating these levels, the department shall
10exclude any increased utilization of services provided by state centers any center for
11the developmentally disabled. The department shall calculate these amounts on a
12calendar year basis under sub. (10).
AB100-engrossed, s. 1461 13Section 1461. 46.27 (9) (c) of the statutes is amended to read:
AB100-engrossed,720,1914 46.27 (9) (c) All long-term community support services provided under this
15pilot project in lieu of nursing home care shall be consistent with those services
16described in the participating county's community options plan under sub. (4) (c) and
17provided under sub. (5) (b). Each Unless the department has contracted under s.
1846.271 (2m) with an entity other than the county department, each
county
19participating in the pilot project shall assess persons under sub. (6).
AB100-engrossed, s. 1462 20Section 1462. 46.27 (10) (a) 1. of the statutes is amended to read:
AB100-engrossed,720,2521 46.27 (10) (a) 1. The department shall determine for each county participating
22in the pilot project under sub. (9) a funding level of state medical assistance
23expenditures to be received by the county. This level shall equal the amount that the
24department determines would otherwise be paid under s. 20.435 (1) (5) (b) because
25of increased utilization of nursing home services, as estimated by the department.
AB100-engrossed, s. 1463
1Section 1463. 46.27 (11) (c) 3. of the statutes is amended to read:
AB100-engrossed,721,52 46.27 (11) (c) 3. Medical assistance reimbursement for services a county, a
3private nonprofit agency or an aging unit with which the department contracts
4provides under this subsection shall be made from the appropriations under s. 20.435
5(1) (5) (o) and (7) (b) and (bd).
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