AB100-engrossed,725,1715
3. Persons seeking admission to or about to be admitted to the Wisconsin
16Veteran's Home at King who are informed about the pilot project but waive the
17assessment.
AB100-engrossed,725,1918
4. Any person who is readmitted to a nursing home or community-based
19residential facility from a hospital within 6 months after being assessed.
AB100-engrossed,725,2120
5. Current residents of a nursing home or community-based residential facility
21who are eligible for an assessment but who waive the assessment.
AB100-engrossed,725,2322
6. A person who enters a nursing home or community-based residential facility
23for recuperative care.
AB100-engrossed,725,2524
7. A person who enters a nursing home or community-based residential facility
25for respite care.
AB100-engrossed,726,4
18. A person who is admitted to a nursing home or community-based residential
2facility from another nursing home or community-based residential facility, unless
3the person requests an assessment and funds distributed for assessments under par.
4(b) are available to the entity.
AB100-engrossed,726,97
46.271
(1) (c) The department may contract with an aging unit, as defined in
8s. 46.27 (1) (a), for administration of services under
sub. (1) par. (a) if, by resolution,
9the county board of supervisors of that county so requests the department.
AB100-engrossed,726,12
1146.275 (title)
Community integration program for state center
12residents of state centers.
AB100-engrossed,726,1914
46.275
(1) Legislative intent. The intent of the program under this section is
15to relocate
persons from the residents of any state
centers center for the
16developmentally disabled into appropriate community settings with the assistance
17of home and community-based services and with continuity of care. The intent of
18the program is also to minimize its impact on state employes through redeployment
19of employes into vacant positions.
AB100-engrossed,726,2321
46.275
(1m) (b) "Program" means the community integration program for
22residents of
any state
centers center for the developmentally disabled, for which a
23waiver has been received under sub. (2).
AB100-engrossed,727,11
146.275
(2) Departmental powers and duties. (intro.) The department may
2request a waiver from the secretary of the U.S. department of health and human
3services, under
42 USC 1396n (c), authorizing the department to integrate
medical
4assistance recipients who reside in state centers residents of any state center for the
5developmentally disabled
who receive medical assistance into their communities by
6providing home and community-based services as part of the medical assistance
7program. If the department requests this waiver, it shall include all assurances
8required under
42 USC 1396n (c) (2) in its request. If the department receives this
9waiver, at the end of the 3-year period during which the waiver remains in effect the
10department may request an additional 3-year extension of the waiver. If the
11department receives this waiver, it shall:
AB100-engrossed,727,1513
46.275
(2) (b) Evaluate the effect of the program on medical assistance costs
14and on the program's ability to provide community care alternatives to institutional
15care in
a state
centers center for the developmentally disabled.
AB100-engrossed,727,2217
46.275
(5) (a) Medical assistance reimbursement for services a county, or the
18department under sub. (3r), provides under this program is available from the
19appropriations under s. 20.435
(1) (5) (b) and (o). If 2 or more counties jointly contract
20to provide services under this program and the department approves the contract,
21medical assistance reimbursement is also available for services provided jointly by
22these counties.
AB100-engrossed,728,524
46.275
(5) (c) The total allocation under s. 20.435
(1) (5) (b) and (o) to counties
25and to the department under sub. (3r) for services provided under this section may
1not exceed the amount approved by the federal department of health and human
2services. A county may use funds received under this section only to provide services
3to persons who meet the requirements under sub. (4) and may not use unexpended
4funds received under this section to serve other developmentally disabled persons
5residing in the county.
AB100-engrossed,728,117
46.275
(5) (d) The department may, from the appropriation under s. 20.435
(1) 8(5) (o), provide reimbursement for services provided under this section by counties
9that are in excess of the current average annual per person rate, as established by
10the department, and are less than the average amount approved in the waiver
11received under sub. (2).
AB100-engrossed,728,2213
46.277
(3) (c) Beginning on January 1, 1996, from the annual allocation to the
14county for the provision of long-term community support services under sub. (5),
15annually establish a maximum total amount
, not to exceed 25% of the annual
16allocation, that may be encumbered in a calendar year for services for eligible
17individuals in community-based residential facilities.
If the total amount that is
18encumbered for services for individuals in community-based residential facilities
19who are receiving services under sub. (5) on January 1, 1996, exceeds 25% of the
20county's annual allocation, a county may request a waiver of the requirement under
21this paragraph from the department. The department need not promulgate as rules
22under ch. 227 the standards for granting a waiver request under this paragraph.
AB100-engrossed,729,224
46.277
(5) (d) 1m. No county may use funds received under this section to
25provide services to a person who does not live in his or her own home or apartment
1unless, subject to the limitations under subds. 2. and 3. and par. (e), one of the
2following applies:
AB100-engrossed,729,63
a. The services are provided to the person in a community-based residential
4facility that entirely consists of independent apartments, each of which has an
5individual lockable independent entrance and exit and individual separate kitchen,
6bathroom, sleeping and living areas.
AB100-engrossed,729,97
b. The person suffers from Alzheimer's disease or related dementia and the
8services are provided to the person in a community-based residential facility that
9has a dementia care program.
AB100-engrossed,729,1110
c. The services are provided to the person in a residential care apartment
11complex, as defined in s. 50.01 (1d).
AB100-engrossed,729,1312
d. The services are provided to the individual in an adult family home, as
13defined in s. 50.01 (1).
AB100-engrossed,729,1414
e. Subdivision 1n. applies.
AB100-engrossed,729,2116
46.277
(5) (d) 1n. A county may also use funds received under this section,
17subject to the limitations under subds. 2. and 3. and par. (e), to provide services to
18a person who does not live in his or her own home or apartment if the services are
19provided to the person in a community-based residential facility and the county
20department or aging unit has determined that all of the following conditions have
21been met:
AB100-engrossed,729,2422
a. An assessment under s. 46.27 (6) has been completed for the person prior to
23the person's admission to the community-based residential facility, whether or not
24the person is a private pay admittee at the time of admission.
AB100-engrossed,730,4
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,730,75
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,730,98
d. The county department or aging unit determines that the community-based
9residential facility provides a quality environment and quality care services.
AB100-engrossed,730,1210
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,730,1914
46.277
(5) (d) 1p. a. Subject to the approval of the department, a county may
15establish and implement more restrictive conditions than those imposed under subd.
161m. on the use of funds received under this section for the provision of services to a
17person in a community-based residential facility. A county that establishes more
18restrictive conditions under this subd. 1p. a. shall include the conditions in its plan
19under sub. (3) (a).
AB100-engrossed,730,2420
b. If the department determines that a county has engaged in a pattern of
21inappropriate use of funds received under this section, the department may revoke
22its approval of the county's conditions established under subd. 1p. a., if any, and may
23prohibit the county from using funds received under this section to provide services
24under subd. 1n.
AB100-engrossed,731,6
146.278
(6) (d) If a county makes available nonfederal funds equal to the state
2share of service costs under the waiver received under sub. (3), the department may,
3from the appropriation under s. 20.435
(1) (5) (o), provide reimbursement for services
4that the county provides under this section to persons who are in addition to those
5who may be served under this section with funds from the appropriation under s.
620.435
(1) (5) (b).
AB100-engrossed,731,128
46.278
(6) (f) If a county owns the institution or intermediate care facility for
9the mentally retarded from which an individual is relocated to the community under
10this section, in order to receive funding under the program, the county shall submit
11a plan for delicensing a bed of the institution or intermediate care facility for the
12mentally retarded that is approved by the department.
AB100-engrossed,731,1514
46.28
(3) The department may authorize the authority to issue revenue bonds
15under s.
234.70 234.61 to finance any residential facility it approves under sub. (2).
AB100-engrossed,731,1917
46.28
(4) The department may charge sponsors for administrative costs and
18expenses it incurs in exercising its powers and duties under this section and under
19s.
234.70 234.61.
AB100-engrossed,731,2221
46.29
(3) (a) The
secretary of education state superintendent of public
22instruction.
AB100-engrossed,732,3
146.30
(4) (a) The department shall distribute the federal community services
2block grant funds received under
42 USC 9903 and deposited in the appropriations
3under s. 20.435
(6) (3) (mc) and
(7) (md).
AB100-engrossed,732,116
46.40
(1) (a) Within the limits of available federal funds and of the
7appropriations under s. 20.435
(3) (o) and (7) (b)
, (kw) and (o), the department shall
8distribute funds for community social, mental health, developmental disabilities and
9alcohol and other drug abuse services and for services under ss. 46.51, 46.87, 46.985
10and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437
11and to county aging units, as provided in subs. (2)
, (2m) and (7) to (8).
AB100-engrossed,732,1713
46.40
(1) (b) Notwithstanding s. 46.49, if the department receives any federal
14moneys under
42 USC 670 to
679a in reimbursement of moneys allocated under par.
15(a) for the provision of foster care, the department shall distribute those federal
16moneys for services and projects to assist children and families
and for the purposes
17specified in s. 46.46.
AB100-engrossed,733,619
46.40
(1) (c) The Milwaukee County department of social services shall report
20to the department in a manner specified by the department on all children under the
21supervision of the Milwaukee County department of social services who are placed
22in foster homes and whose foster parents receive funding for child care from the
23amounts distributed under par. (a) so that the department may claim federal foster
24care and adoption assistance reimbursement under
42 USC 670 to
679a for the
25amounts expended by the Milwaukee County department of social services for the
1provision of child care for those children. Notwithstanding s. 46.49, if the
2department receives any federal moneys under
42 USC 67 670 to
679a in
3reimbursement of the amounts expended by the Milwaukee County department of
4social services for the provision of child care for children in foster care in 1996 and
51997, the department shall distribute those federal moneys to the Milwaukee County
6department of social services for the provision of child care for children in foster care.
AB100-engrossed,733,118
46.40
(2) Basic county allocation. For social services under s. 46.495 (1) (d)
9and services under s. 51.423 (2), the department shall distribute not more than
10$292,368,400 $285,731,000 for fiscal year
1995-96 1997-98 and
$291,349,200
11$285,598,500 for fiscal year
1996-97
1998-99.
AB100-engrossed,733,1713
46.40
(2m) (a)
Prevention and treatment of substance abuse. For prevention
14and treatment of substance abuse under
42 USC 300x-21 to
300x-35, the
15department shall distribute not more than
$11,087,200
$9,702,400 in fiscal year
161995-96 1997-98 and not more than
$11,285,200 $8,641,100 in fiscal year
1996-97 171998-99.
AB100-engrossed,733,2219
46.40
(2m) (b)
Community mental health services. For community mental
20health services under
42 USC 300x to
300x-9, the department shall distribute not
21more than $2,513,400 in
each fiscal year
1995-96 and not more than $2,513,400 in
22fiscal year 1996-97.
AB100-engrossed,734,424
46.40
(3) Tribal child care. For child care services under
42 USC 9858, the
25department shall distribute not more than $412,800 in each fiscal year from the
1appropriation account under s. 20.435 (7) (b) to federally recognized American
2Indian tribes or bands. A tribe or band that receives funding under this subsection
3shall use that funding to provide child care for an eligible child, as defined in
42 USC
49858n (4).
AB100-engrossed,734,126
46.40
(14m) County community aids budgets. Before December 1 of each year,
7each county department under ss. 46.215, 46.22, 46.23, 51.42 and 51.437 and each
8tribal governing body shall submit to the department a proposed budget for the
9expenditure of funds allocated under this section
, distributed under s. 46.45 (2) (a)
10or carried forward under s. 46.45 (3) (a). The proposed budget shall be submitted on
11a form developed by the department and approved by the department of
12administration.
AB100-engrossed,734,2314
46.45
(2) (a) If on December 31 of any year there remains unspent or
15unencumbered in the allocation under s. 46.40 (2) an amount that exceeds the
16amount received under
42 USC 670 to
679a and allocated under s. 46.40 (2) in that
17year, the department shall carry forward the excess moneys and distribute not less
18than 50% of the excess moneys to counties having a population of less than 500,000
19for services and projects to assist children and families, notwithstanding the
20percentage limit specified in sub. (3) (a). A county shall use not less than 50% of the
21moneys distributed to the county under this subsection for services for children who
22are at risk of abuse or neglect to prevent the need for child abuse and neglect
23intervention services.
AB100-engrossed,735,3
1(b) A county may not use any moneys distributed under par. (a) to supplant any
2other moneys expended by the county for services and projects to assist children and
3families in a base year determined by the department.
AB100-engrossed,735,64
(c) The department shall credit to the appropriation account under s. 20.435
5(8) (mb) any moneys carried forward under par. (a), but not distributed to counties,
6and may expend those moneys as provided in s. 46.46.
AB100-engrossed,735,13
846.46 Expenditure of income augmentation services receipts. (1) From
9the appropriation account under s. 20.435 (8) (mb), the department shall support
10costs that are exclusively related to the operational costs of augmenting the amount
11of moneys received under
42 USC 670 to
679a,
42 USC 1395 to
1395ddd and
42 USC
121396 to
1396v. In addition, the department may expend moneys from the
13appropriation account under s. 20.435 (8) (mb) as provided in sub. (2).
AB100-engrossed,735,25
14(2) If the department proposes to use any moneys from the appropriation
15account under s. 20.435 (8) (mb) for any purpose other than the purpose specified in
16sub. (1), the department shall submit a plan for the proposed use of those moneys to
17the secretary of administration. If the secretary of administration approves the plan,
18he or she shall submit the plan to the joint committee on finance. If the
19cochairpersons of the committee do not notify the secretary of administration within
2014 working days after the date of submittal of the plan that the committee has
21scheduled a meeting for the purpose of reviewing the plan, the department may
22implement the plan. If within 14 working days after the date of the submittal by the
23secretary of administration the cochairpersons of the committee notify him or her
24that the committee has scheduled a meeting for the purpose of reviewing the plan,
25the department may implement the plan only with the approval of the committee.
AB100-engrossed,736,74
46.48
(15) (a) 1. For recruiting, training and licensing new foster parents and
5treatment foster parents for children in Milwaukee county and for providing ongoing
6family reunification services for children and families in Milwaukee county,
7$750,000 $375,000 in each fiscal year.
AB100-engrossed, s. 1491
8Section
1491. 46.48 (15) (a) 1. of the statutes, as affected by 1997 Wisconsin
9Act .... (this act), is repealed.
AB100-engrossed,736,1211
46.48
(15) (a) 2. For purchasing foster parent and treatment foster parent
12training from a private or educational agency,
$150,000 $75,000 in each fiscal year.
AB100-engrossed, s. 1493
13Section
1493. 46.48 (15) (a) 2. of the statutes, as affected by 1997 Wisconsin
14Act .... (this act), is repealed.
AB100-engrossed,736,2016
46.48
(15) (a) 3. For enhancing Milwaukee county's capacity to assess the needs
17of children who are in long-term foster or treatment foster care and children who are
18new to foster or treatment foster care, for recruiting and investigating proposed
19adoptive parents and for prosecuting adoption petitions,
$130,000 $65,000 in each
20fiscal year.