AB100: Bill Text

AB100,678,21 46.247 Application of child support standard for certain children. For purposes of determining child support under s. 46.10 (14) (b), the department shall promulgate rules related to the application of the standard established by the department of industry, labor and job development under s. 49.22 (9) to a child support obligation for the care and maintenance of a child who is placed by a court order under s. 48.355,or 48.357, 938.183 (2), 938.355 or 938.357 in a residential, nonmedical facility. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.

AB100, s. 1448 Section 1448. 46.251 of the statutes is renumbered 49.225.

AB100, s. 1449 Section 1449. 46.261 (2) (a) (intro.) of the statutes is amended to read:

AB100,679,3 46.261 (2) (a) (intro.) A The department or a county department under s. 46.215, 46.22 or 46.23 shall grant aid on behalf of a dependent child to any of the following:

AB100, s. 1450 Section 1450. 46.261 (2) (a) 1. of the statutes is amended to read:

AB100,679,17 46.261 (2) (a) 1. A nonrelative who cares for the dependent child in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s. 48.625 or a minor custodial parent who cares for the dependent child, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 46.495 (2) and the percentage rate of participation set forth in s. 46.495 (1) (d) for aid granted under this section except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215 or 46.22 shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.

AB100, s. 1451 Section 1451. 46.261 (2) (a) 1. of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed and recreated to read:

AB100,680,8 46.261 (2) (a) 1. A nonrelative who cares for the dependent child in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s. 48.625 or a minor custodial parent who cares for the dependent child, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 46.495 (2) and the percentage rate of participation set forth in s. 46.495 (1) (d) for aid granted under this section except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215 or 46.22 or the department under s. 48.48 (17) shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.

AB100, s. 1452 Section 1452. 46.261 (2) (a) 2. of the statutes is amended to read:

AB100,680,17 46.261 (2) (a) 2. A county or, in a county having a population of 500,000 or more, the department, on behalf of a child in the legal custody of a county department under s. 46.215, 46.22 or 46.23 or the department under s. 48.48 (17) or on behalf of a child who was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason when such child is placed in a licensed child caring institution by the county department or the department. Reimbursement shall be made by the state pursuant to subd. 1.

AB100, s. 1453 Section 1453. 46.261 (2) (a) 3. of the statutes is amended to read:

AB100,681,3 46.261 (2) (a) 3. A county or, in a county having a population of 500,000 or more, the department, when the child is placed in a licensed foster home, treatment foster home, group home or child caring institution by a licensed child welfare agency or by a federally recognized American Indian tribal governing body in this state or by its designee, if the child is in the legal custody of the county department under s. 46.215, 46.22 or 46.23 or the department under s. 48.48 (17) or if the child was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of the relative would be contrary to the child's welfare for any reason and the placement is made pursuant to an agreement with the county department or the department.

AB100, s. 1454 Section 1454. 46.261 (2) (a) 4. of the statutes is amended to read:

AB100,681,13 46.261 (2) (a) 4. A licensed foster home or, treatment foster home, a group home licensed under s. 48.625 or a child caring institution by the state when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body or when the child was part of the state's direct service case load and was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department.

AB100, s. 1455 Section 1455. 46.27 (4) (c) 8. of the statutes is created to read:

AB100,681,17 46.27 (4) (c) 8. If a pilot project under s. 46.271 (2m) is established in the county, a description of how the activities of the pilot project relate to and are coordinated with the county's proposed program.

AB100, s. 1456 Section 1456. 46.27 (5) (am) of the statutes is amended to read:

AB100,682,6 46.27 (5) (am) Organize assessment activities specified in sub. (6). The county department or aging unit shall utilize persons for each assessment who can determine the needs of the person being assessed and who know the availability within the county of services alternative to placement in a nursing home. If any hospital patient is referred to a nursing home for admission, these persons shall work with the hospital discharge planner in performing the activities specified in sub. (6). The county department or aging unit shall coordinate the involvement of representatives from the county departments under ss. 46.215, 46.22, 51.42 and 51.437, health service providers and the county commission on aging in the assessment activities specified in sub. (6), as well as the person being assessed and members of the person's family or the person's guardian. This paragraph does not apply to a county department or aging unit in a county where a pilot project under s. 46.271 (2m) is established.

AB100, s. 1457 Section 1457. 46.27 (6) (a) 3. of the statutes is amended to read:

AB100,682,15 46.27 (6) (a) 3. In each participating county, except in counties where a pilot project under s. 46.271 (2m) is established, assessments shall be conducted for those persons and in accordance with the procedures described in the county's community options plan. The county may elect to establish assessment priorities for persons in target groups identified by the county in its plan regarding gradual implementation. If a person who is already admitted to a nursing home requests an assessment and if funds allocated for assessments under sub. (7) (am) are available, the county shall conduct the assessment.

AB100, s. 1458 Section 1458. 46.27 (6g) (intro.) of the statutes is amended to read:

AB100,682,20 46.27 (6g) Fiscal responsibility. (intro.) Except as provided in s. 51.40, and within the limitations under sub. (7) (b), the fiscal responsibility of a county for an assessment, unless the assessment is performed by an entity under s. 46.271 (2m), case plan or services provided to a person under this section is as follows:

AB100, s. 1459 Section 1459. 46.27 (7) (b) 1r. of the statutes is repealed.

AB100, s. 1460 Section 1460. 46.27 (9) (a) of the statutes is amended to read:

AB100,683,6 46.27 (9) (a) The department may select up to 5 counties that volunteer to participate in a pilot project under which they will receive certain funds allocated for long-term care. The department shall allocate a level of funds to these counties equal to the amount that would otherwise be paid under s. 20.435 (1) (5) (b) to nursing homes for providing care because of increased utilization of nursing home services, as estimated by the department. In estimating these levels, the department shall exclude any increased utilization of services provided by state centers for the developmentally disabled. The department shall calculate these amounts on a calendar year basis under sub. (10).

AB100, s. 1461 Section 1461. 46.27 (9) (c) of the statutes is amended to read:

AB100,683,13 46.27 (9) (c) All long-term community support services provided under this pilot project in lieu of nursing home care shall be consistent with those services described in the participating county's community options plan under sub. (4) (c) and provided under sub. (5) (b). Each Unless the department has contracted under s. 46.271 (2m) with an entity other than the county department, each county participating in the pilot project shall assess persons under sub. (6).

AB100, s. 1462 Section 1462. 46.27 (10) (a) 1. of the statutes is amended to read:

AB100,683,19 46.27 (10) (a) 1. The department shall determine for each county participating in the pilot project under sub. (9) a funding level of state medical assistance expenditures to be received by the county. This level shall equal the amount that the department determines would otherwise be paid under s. 20.435 (1) (5) (b) because of increased utilization of nursing home services, as estimated by the department.

AB100, s. 1463 Section 1463. 46.27 (11) (c) 3. of the statutes is amended to read:

AB100,683,24 46.27 (11) (c) 3. Medical assistance reimbursement for services a county, a private nonprofit agency or an aging unit with which the department contracts provides under this subsection shall be made from the appropriations under s. 20.435 (1) (5) (o) and (7) (b) and (bd).

AB100, s. 1464 Section 1464. 46.27 (11) (c) 4. of the statutes is amended to read:

AB100,684,5 46.27 (11) (c) 4. The department may, from the appropriation under s. 20.435 (1) (5) (o), provide reimbursement for services provided under this subsection by counties that are in excess of the current average annual per person rate, as established by the department, and are less than or equal to the average amount approved in the waiver received under par. (am).

AB100, s. 1465 Section 1465. 46.271 (1) of the statutes is renumbered 46.271 (1) (a), and 46.271 (1) (a) (intro.), as renumbered, is amended to read:

AB100,684,13 46.271 (1) (a) (intro.) From the appropriation under s. 20.435 (7) (bd), the department shall award $100,000 in each fiscal year to applying county departments under s. 46.215, 46.22, 46.23, 51.42 or 51.437 or to an aging unit under the conditions specified in sub. (3) par. (c) to establish pilot projects for home and community-based long-term support services. Funds awarded to the pilot projects shall be used to do any of the following:

AB100, s. 1466 Section 1466. 46.271 (2) of the statutes is renumbered 46.271 (1) (b), and 46.271 (1) (b) 1. and 2., as renumbered, are amended to read:

AB100,684,17 46.271 (1) (b) 1. Solicit applications from county departments or aging units for the pilot projects under sub. (1) par. (a).

AB100,684,21 2. Require that an applying county department or aging unit under par. (a) subd. 1. submit as part of the application specific plans for improving the coordination between hospitals and providers of home and community-based long-term support services.

AB100, s. 1467 Section 1467. 46.271 (2m) of the statutes is created to read:

AB100,684,25 46.271 (2m) (a) The department may establish, in geographic areas determined by the department, a pilot project under which the department may contract with a private or public entity to do all of the following:

AB100,685,3 1. Serve as a clearinghouse of information for individuals who are interested in home or community-based long-term support services or institutional long-term care services.

AB100,685,8 2. Perform assessments, in accordance with s. 46.27 (6) (a) 1m. and 2. and using the assessment method established by the department, to determine an individual's functional abilities, disabilities, personal preferences and need for home or community-based long-term support services or institutional long-term care services.

AB100,685,10 3. Collect information specified by the department on the individuals served by the entity and provide that information to the department.

AB100,685,15 (am) Residents of the geographic areas where a pilot project under this subsection is established shall receive an assessment by the entity contracted with under par. (a) (intro.) prior to entry into a nursing home or community-based residential facility or participation in the long-term support community options program under s. 46.27.

AB100,685,18 (ap) The department may require that the results of a client's assessment under par. (a) 2. be submitted at the time that a provider submits a request for prior authorization for medical assistance services.

AB100,685,21 (b) From the appropriation under s. 20.435 (7) (bd), the department shall distribute funds to the entities with which the department contracts under par. (a) (intro.) for the performance of the functions specified under par. (a) 1. to 3.

AB100, s. 1468 Section 1468. 46.271 (3) of the statutes is renumbered 46.271 (1) (c) and amended to read:

AB100,686,3 46.271 (1) (c) The department may contract with an aging unit, as defined in s. 46.27 (1) (a), for administration of services under sub. (1) par. (a) if, by resolution, the county board of supervisors of that county so requests the department.

AB100, s. 1469 Section 1469. 46.275 (5) (a) of the statutes is amended to read:

AB100,686,10 46.275 (5) (a) Medical assistance reimbursement for services a county, or the department under sub. (3r), provides under this program is available from the appropriations under s. 20.435 (1) (5) (b) and (o). If 2 or more counties jointly contract to provide services under this program and the department approves the contract, medical assistance reimbursement is also available for services provided jointly by these counties.

AB100, s. 1470 Section 1470. 46.275 (5) (c) of the statutes is amended to read:

AB100,686,18 46.275 (5) (c) The total allocation under s. 20.435 (1) (5) (b) and (o) to counties and to the department under sub. (3r) for services provided under this section may not exceed the amount approved by the federal department of health and human services. A county may use funds received under this section only to provide services to persons who meet the requirements under sub. (4) and may not use unexpended funds received under this section to serve other developmentally disabled persons residing in the county.

AB100, s. 1471 Section 1471. 46.275 (5) (d) of the statutes is amended to read:

AB100,686,24 46.275 (5) (d) The department may, from the appropriation under s. 20.435 (1) (5) (o), provide reimbursement for services provided under this section by counties that are in excess of the current average annual per person rate, as established by the department, and are less than the average amount approved in the waiver received under sub. (2).

AB100, s. 1472 Section 1472. 46.278 (6) (d) of the statutes is amended to read:

AB100,687,6 46.278 (6) (d) If a county makes available nonfederal funds equal to the state share of service costs under the waiver received under sub. (3), the department may, from the appropriation under s. 20.435 (1) (5) (o), provide reimbursement for services that the county provides under this section to persons who are in addition to those who may be served under this section with funds from the appropriation under s. 20.435 (1) (5) (b).

AB100, s. 1473 Section 1473. 46.278 (6) (f) of the statutes is created to read:

AB100,687,12 46.278 (6) (f) If a county owns the institution or intermediate care facility for the mentally retarded from which an individual is relocated to the community under this section, in order to receive funding under the program, the county shall submit a plan for delicensing a bed of the institution or intermediate care facility for the mentally retarded that is approved by the department.

AB100, s. 1474 Section 1474. 46.28 (3) of the statutes is amended to read:

AB100,687,15 46.28 (3) The department may authorize the authority to issue revenue bonds under s. 234.70 234.61 to finance any residential facility it approves under sub. (2).

AB100, s. 1475 Section 1475. 46.28 (4) of the statutes is amended to read:

AB100,687,19 46.28 (4) The department may charge sponsors for administrative costs and expenses it incurs in exercising its powers and duties under this section and under s. 234.70 234.61.

AB100, s. 1476 Section 1476. 46.29 (3) (a) of the statutes is amended to read:

AB100,687,22 46.29 (3) (a) The secretary of education state superintendent of public instruction.

AB100, s. 1477 Section 1477. 46.30 (4) (a) of the statutes is amended to read:

AB100,688,3 46.30 (4) (a) The department shall distribute the federal community services block grant funds received under 42 USC 9903 and deposited in the appropriations under s. 20.435 (6) (3) (mc) and (7) (md).

AB100, s. 1478 Section 1478. 46.35 (4) (a) of the statutes is amended to read:

AB100,688,6 46.35 (4) (a) The secretary of education state superintendent of public instruction.

AB100, s. 1479 Section 1479. 46.40 (1) (a) of the statutes is amended to read:

AB100,688,13 46.40 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.435 (3) (nL) and (7) (b) , (kw) and (o), the department shall distribute funds for community social, mental health, developmental disabilities and alcohol and other drug abuse services and for services under ss. 46.51, 46.87, 46.985 and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437 and to county aging units, as provided in subs. (2) to (8).

AB100, s. 1480 Section 1480. 46.40 (1) (b) of the statutes is amended to read:

AB100,688,20 46.40 (1) (b) Notwithstanding s. 46.49, if the department receives any federal moneys under 42 USC 670 to 679a in reimbursement of moneys allocated under par. (a) for the provision of foster care, the department shall distribute those federal moneys for services and projects to assist children and families and for the operational requirements of the department in administering programs to assist children and families.

AB100, s. 1481 Section 1481. 46.40 (1) (c) of the statutes is amended to read:

AB100,689,9 46.40 (1) (c) The Milwaukee County department of social services shall report to the department in a manner specified by the department on all children under the supervision of the Milwaukee County department of social services who are placed in foster homes and whose foster parents receive funding for child care from the amounts distributed under par. (a) so that the department may claim federal foster care and adoption assistance reimbursement under 42 USC 670 to 679a for the amounts expended by the Milwaukee County department of social services for the provision of child care for those children. Notwithstanding s. 46.49, if the department receives any federal moneys under 42 USC 67 670 to 679a in reimbursement of the amounts expended by the Milwaukee County department of social services for the provision of child care for children in foster care in 1996 and 1997, the department shall distribute those federal moneys to the Milwaukee County department of social services for the provision of child care for children in foster care.

AB100, s. 1482 Section 1482. 46.40 (2) of the statutes is amended to read:

AB100,689,14 46.40 (2) Basic county allocation. For social services under s. 46.495 (1) (d) and services under s. 51.423 (2), the department shall distribute not more than $292,368,400 $284,851,700 for fiscal year 1995-96 1997-98 and $291,349,200 $284,212,200 for fiscal year 1996-97 1998-99.

AB100, s. 1483 Section 1483. 46.40 (2m) (a) of the statutes is amended to read:

AB100,689,20 46.40 (2m) (a) Prevention and treatment of substance abuse. For prevention and treatment of substance abuse under 42 USC 300x-21 to 300x-35, the department shall distribute not more than $11,087,200 $10,493,900 in fiscal year 1995-96 1997-98 and not more than $11,285,200 $10,224,100 in fiscal year 1996-97 1998-99.

AB100, s. 1484 Section 1484. 46.40 (2m) (b) of the statutes is amended to read:

AB100,689,25 46.40 (2m) (b) Community mental health services. For community mental health services under 42 USC 300x to 300x-9, the department shall distribute not more than $2,513,400 in each fiscal year 1995-96 and not more than $2,513,400 in fiscal year 1996-97.

AB100, s. 1485 Section 1485. 46.40 (14m) of the statutes is amended to read:

AB100,690,8 46.40 (14m) County community aids budgets. Before December 1 of each year, each county department under ss. 46.215, 46.22, 46.23, 51.42 and 51.437 and each tribal governing body shall submit to the department a proposed budget for the expenditure of funds allocated under this section, distributed under s. 46.45 (2) (a) or carried forward under s. 46.45 (3) (a). The proposed budget shall be submitted on a form developed by the department and approved by the department of administration.

AB100, s. 1486 Section 1486. 46.45 (2) of the statutes is created to read:

AB100,690,19 46.45 (2) (a) If on December 31 of any year there remains unspent or unencumbered in the allocation under s. 46.40 (2) an amount that exceeds the amount received under 42 USC 670 to 679a and allocated under s. 46.40 (2) in that year, the department shall carry forward the excess moneys and distribute not less than 50% of the excess moneys to counties having a population of less than 500,000 for services and projects to assist children and families, notwithstanding the percentage limit specified in sub. (3) (a). A county shall use not less than 50% of the moneys distributed to the county under this subsection for services for children who are at risk of abuse or neglect to prevent the need for child abuse and neglect intervention services.

AB100,690,22 (b) A county may not use any moneys distributed under par. (a) to supplant any other moneys expended by the county for services and projects to assist children and families in a base year determined by the department.