46.27 (7) (cm) 1. (intro.) Beginning Except as provided sub. (7b), beginning on January 1, 1996, no county, private nonprofit agency or aging unit may use funds received under par. (b) to provide services in any community-based residential facility that has more than 8 beds, unless one of the following applies:
SECTION 1046. 46.27 (7) (fm) of the statutes is amended to read:
46.27 (7) (fm) The department shall, at the request of a county, carry forward up to 10% of the amount allocated under this subsection to the county for a calendar year if up to 10% of the amount so allocated has not been spent or encumbered by the county by December 31 of that year, for use by the county in the following calendar year, except that the amount carried forward shall be reduced by the amount of funds that the county has notified the department that the county wishes to place in a risk reserve under par. (fr). The department may transfer funds within s. 20.435 (7) (bd) to accomplish this purpose. An allocation under this paragraph does not affect a county's base allocation under this subsection and shall lapse to the general fund unless expended within the calendar year to which the funds are carried forward. A county may not expend funds carried forward under this paragraph for administrative or staff costs, except administrative or staff costs that are associated with implementation of the waiver under sub. (11) and approved by the department.
SECTION 1047. 46.27 (7) (fr) of the statutes is created to read:
46.27 (7) (fr) 1. Notwithstanding s. 46.036 (3) and (5m), a county may place in a risk reserve funds that are allocated under par. (am) or (b) or sub. (11) (c) 3. and are not expended or encumbered for services under this subsection or sub. (11). The county shall notify the department of this decision and of the amount to be placed in the risk reserve. The county shall maintain the risk reserve in an interest-bearing escrow account with a financial institution, as defined in s. 69.30 (1) (b), if the department has approved the terms of the escrow. All interest from the principal shall be reinvested in the escrow account.
2. The annual amount of a county's expenditure for a risk reserve, as specified in subd. 1., may not exceed 10% of the county's most recent allocation under pars. (am) and (b) and sub. (11) (c) 3. or $750,000, whichever is less. The total amount of the risk reserve, including interest, may not exceed 15% of the county's most recent allocation under this subsection.
3. A county may expend funds maintained in a risk reserve, as specified in subd. 1., for any of the following purposes:
a. To defray costs of long-term community support services under this section.
b. To meet requirements under any contract that the county has with the department to operate a care management organization under s. 46.284.
c. If approved by a resolution of the county board of supervisors, to transfer funds to a family care district.
d. If approved by the department, for administrative or staff costs under this section.
4. A county that maintains a risk reserve, as specified in subd. 1., shall annually, on a form prescribed by the department, submit to the department a record of the status of the risk reserve, including revenues and disbursements.
SECTION 1048. 46.27 (7) (g) (intro.) of the statutes is amended to read:
46.27 (7) (g) (intro.) The department may carry forward to the next state fiscal year up to $500,000 of funds allocated under this subsection and not encumbered by counties by December 31 or carried forward under par. (fm). The department may transfer moneys within s. 20.435 (7) (bd) to accomplish this purpose. An allocation under this paragraph shall not affect a county's base allocation for the program. The department may allocate these transferred moneys during the next fiscal year to counties for planning and implementation of resource centers under s. 46.283 or care management organizations under s. 46.284 and for the improvement or expansion of long-term community support services for clients whose cost of care significantly exceeds the average cost of care provided under this section, including any of the following:
SECTION 1048m. 46.27 (7b) of the statutes is created to read:
46.27 (7b) PILOT PROGRAM IN CHIPPEWA COUNTY. The department shall establish a pilot project in Chippewa County to effect all of the following:
(a) Notwithstanding the maximum total amount established by Chippewa County under sub. (3) (f), Chippewa County may not deny services under this section to an eligible individual who resides in a community-based residential facility when the individual becomes eligible, solely because the maximum total amount has been reached.
(b) In making a determination under sub. (7) (cj) 3. e. regarding the cost-effectiveness of a placement in a community-based residential facility, Chippewa County shall consider all state and federal funds needed for all options considered.
(c) Chippewa County, or a private nonprofit agency or aging unit in Chippewa County, may use funds received under sub. (7) (b) to provide services in any community-based residential facility that has 20 or fewer beds notwithstanding sub. (7) (cm) 1. Subsection (7) (cm) 1. applies in Chippewa County, however, with respect to the use of funds received under sub. (7) (b) to provide services in any community-based residential facility that has more than 20 beds.
SECTION 1049. 46.27 (7g) (c) 3. (intro.) of the statutes is amended to read:
46.27 (7g) (c) 3. (intro.) The court shall reduce the amount of a claim under subd. 1. by up to $3,000 the amount specified in s. 861.33 (2) if necessary to allow the client's heirs or the beneficiaries of the client's will to retain the following personal property:
SECTION 1050. 46.27 (7g) (c) 3. c. of the statutes is amended to read:
46.27 (7g) (c) 3. c. Other tangible personal property not used in trade, agriculture or other business, not to exceed $1,000 in value the amount specified in s. 861.33 (1) (a) 4.
SECTION 1051. 46.27 (7g) (c) 5. of the statutes is renumbered 46.27 (7g) (c) 5. a. and amended to read:
46.27 (7g) (c) 5. a. If the department's claim is not allowable because of subd. 4. and the estate includes an interest in a home, the court exercising probate jurisdiction shall, in the final judgment or summary findings and order, assign the interest in the home subject to a lien in favor of the department for the amount described in subd. 1. The personal representative or petitioner for summary settlement or summary assignment of the estate shall record the final judgment as provided in s. 863.29, 867.01 (3) (h) or 867.02 (2) (h).
SECTION 1052. 46.27 (7g) (c) 5. b. of the statutes is created to read:
46.27 (7g) (c) 5. b. If the department's claim is not allowable because of subd. 4., the estate includes an interest in a home and the personal representative closes the estate by sworn statement under s. 865.16, the personal representative shall stipulate in the statement that the home is assigned subject to a lien in favor of the department for the amount described in subd. 1. The personal representative shall record the statement in the same manner as described in s. 863.29, as if the statement were a final judgment.
SECTION 1053. 46.27 (7g) (h) of the statutes is created to read:
46.27 (7g) (h) The department may contract with or employ an attorney to probate estates to recover under this subsection the costs of care.
SECTION 1054. 46.27 (9) (a) of the statutes is amended to read:
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 (5) (4) (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).
SECTION 1055. 46.27 (9) (c) of the statutes is amended to read:
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) 1. and provided under sub. (5) (b). Unless the department has contracted under s. 46.271 (2m) 46.281 (1) (d) with an entity other than the county department, each county participating in the pilot project shall assess persons under sub. (6).
SECTION 1056. 46.27 (10) (a) 1. of the statutes is amended to read:
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 (5) (4) (b) because of increased utilization of nursing home services, as estimated by the department.
SECTION 1057. 46.27 (11) (c) 3. of the statutes is amended to read:
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 (5) (4) (o) and (7) (b) and (bd).
SECTION 1058. 46.27 (11) (c) 4. of the statutes is amended to read:
46.27 (11) (c) 4. The department may, from the appropriation under s. 20.435 (5) (4) (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).
SECTION 1059. 46.27 (11) (c) 5n. a. of the statutes is amended to read:
46.27 (11) (c) 5n. a. An assessment under sub. (6) has been completed for the person prior to the person's admission to the community-based residential facility, whether or not the person is a private pay admittee at the time of admission. except that a person seeking admission or about to be admitted on a private pay basis may waive the assessment, unless the person is expected to become eligible for medical assistance within 6 months of assessment. The county may waive this condition in accordance with guidelines established by the department. If the county waives this condition, the county must meet with the person or the person's guardian to discuss the cost-effectiveness of various service options.
SECTION 1059g. 46.27 (11) (c) 5q. of the statutes is created to read:
46.27 (11) (c) 5q. No county department or aging unit may deny services to a person under subd. 5n. who refused to have an assessment completed as required under subd. 5n. a. before the effective date of this subdivision .... [revisor inserts date].
SECTION 1060. 46.271 (2m) of the statutes is repealed.
SECTION 1061. 46.275 (5) (a) of the statutes is amended to read:
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 (5) (4) (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.
SECTION 1062. 46.275 (5) (c) of the statutes is amended to read:
46.275 (5) (c) The total allocation under s. 20.435 (5) (4) (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.
SECTION 1063. 46.275 (5) (d) of the statutes is amended to read:
46.275 (5) (d) The department may, from the appropriation under s. 20.435 (5) (4) (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).
SECTION 1064. 46.277 (5) (d) 1n. a. of the statutes is amended to read:
46.277 (5) (d) 1n. a. An assessment under s. 46.27 (6) has been completed for the person prior to the person's admission to the community-based residential facility, whether or not the person is a private pay admittee at the time of admission. except that a person seeking admission or about to be admitted on a private pay basis may waive the assessment, unless the person is expected to become eligible for medical assistance within 6 months of assessment. The county may waive this condition in accordance with guidelines established by the department. If the county waives this condition, the county must meet with the person or the person's guardian to discuss the cost-effectiveness of various service options.
SECTION 1065. 46.278 (6) (d) of the statutes is amended to read:
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 (5) (4) (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 (5) (4) (b).
SECTION 1066. 46.278 (6) (e) of the statutes is renumbered 46.278 (6) (e) 1. (intro.) and amended to read:
46.278 (6) (e) 1. (intro.) The department may provide enhanced reimbursement for services under the program for an individual who was relocated to the community by a county department from an one of the following:
a. An intermediate care facility for the mentally retarded that closes under s. 50.03 (14).
2. a. The enhanced reimbursement rate under this paragraph subd. 1. a. and b. shall be determined under a formula that is developed by the department.
SECTION 1067. 46.278 (6) (e) 1. b. of the statutes is created to read:
46.278 (6) (e) 1. b. An intermediate care facility for the mentally retarded or a distinct part thereof that has a plan of closure approved by the department and that intends to close within 12 months.
SECTION 1067b. 46.278 (6) (e) 1. c. of the statutes is created to read:
46.278 (6) (e) 1. c. An intermediate care facility for the mentally retarded that has a plan of closure or significant reduction in capacity approved by the department and that intends to close or significantly reduce its capacity within 60 months.
SECTION 1067c. 46.278 (6) (e) 2. b. of the statutes is created to read:
46.278 (6) (e) 2. b. The enhanced reimbursement rate under subd. 1. c. shall be 90% of the enhanced reimbursement rate under this subd. 2. a.
SECTION 1068. 46.2805 of the statutes is created to read:
46.2805 Definitions; long-term care. In ss. 46.2805 to 46.2895:
(1) "Care management organization" means an entity that is certified as meeting the requirements for a care management organization under s. 46.284 (3) and that has a contract under s. 46.284 (2). "Care management organization" does not mean an entity that contracts with the department to operate one of the following:
(a) A program of all-inclusive care for persons aged 65 or older authorized under 42 USC 1395 to 1395ggg.
(b) A demonstration program known as the Wisconsin partnership program under a federal waiver authorized under 42 USC 1315.
(2) "Eligible person" means a person who meets all eligibility criteria under s. 46.286 (1) or (1m).
(3) "Enrollee" means a person who is enrolled in a care management organization.
(4). "Family care benefit" means financial assistance for long-term care and support items for an enrollee.
(5) "Family care district" means a special purpose district created under s. 46.2895 (1).
(6) "Family care district board" means the governing board of a family care district.
(7) "Functional and financial screen" means a screen prescribed by the department that is used to determine functional eligibility under s. 46.286 (1) (a) and financial eligibility under s. 46.286 (1) (b).
(7m) "Local long-term care council" means a local long-term care council that is appointed under s. 46.282 (2) (a).
(8) "Nonprofit organization" has the meaning given in s. 108.02 (19).
(9) "Older person" means a person who is aged at least 65.
(10) "Resource center" means an entity that meets the standards for operation under s. 46.283 (3) or, if under contract to provide a portion of the services specified under s. 46.283 (3), meets the standards for operation with respect to those services.
(11) "Tribe or band" means a federally recognized American Indian tribe or band.
SECTION 1069. 46.281 of the statutes is created to read:
46.281 Powers and duties of the department and the secretary; long-term care. (1) DUTIES OF THE DEPARTMENT. The department shall do all of the following:
(a) Provide training to members of the council on long-term care who are aged 65 or older or who have physical or developmental disabilities or their family members, guardians or other advocates, to enable these members to participate in the council's duties.
(b) Provide information to the council on long-term care, including copies of reports submitted to the department by local long-term care councils, and seek recommendations of the council.
(c) Request from the secretary of the federal department of health and human services any waivers of federal medicaid laws necessary to permit the use of federal moneys to provide the family care benefit to recipients of medical assistance. The department shall implement any waiver that is approved and that is consistent with ss. 46.2805 to 46.2895. Regardless of whether a waiver is approved, the department may implement operation of resource centers, care management organizations and the family care benefit.
(d) Before July 1, 2001:
1. Establish, in geographic areas in which resides no more than 29% of the population that is eligible for the family care benefit, a pilot project under which the department may contract with a county, a family care district, a tribe or band or the Great Lakes inter-tribal council, inc., or with any 2 or more of these entities under a joint application, to operate a resource center.
2. In geographic areas in which resides no more than 29% of the population that is eligible for the family care benefit, contract with counties or tribes or bands under a pilot project to demonstrate the ability of counties or tribes or bands to manage all long-term care programs and administer the family care benefit as care management organizations.
(e) After June 30, 2001, if the local long-term care council for the applicable area has developed the initial plan under s. 46.282 (3) (a) 1., contract with entities specified under par. (d) and, only if specifically authorized by the legislature and if the legislature appropriates necessary funding, contract as so authorized with one or more entities in addition to those specified in par. (d) certified as meeting requirements under s. 46.284 (3) for services of the entity as a care management organization and one or more entities for services specified under s. 46.283 (3) and (4).
