SB45,581,220
46.18
(1) Trustees. Every county home, infirmary, hospital,
tuberculosis
21hospital or sanatorium, or similar institution, shall, subject to regulations approved
22by the county board, be managed by a board of trustees, electors of the county, chosen
23by ballot by the county board. At its annual meeting, the county board shall appoint
24an uneven number of trustees, from 3 to 9 at the option of the board, for staggered
253-year terms ending the first Monday in January. Any vacancy shall be filled for the
1unexpired term by the county board; but the chairperson of the county board may
2appoint a trustee to fill the vacancy until the county board acts.
SB45, s. 1006
3Section
1006. 46.20 (1) of the statutes is amended to read:
SB45,581,124
46.20
(1) Any 2 or more counties may jointly, by majority vote of all the
5members of each county board, provide for a county home, infirmary, hospital,
6tuberculosis hospital or sanatorium, or similar institution, or juvenile detention
7home, which shall be established, maintained and operated pursuant to all the
8statutes relating to the establishment, maintenance and operation of similar
9institutions, respectively, by any single county whose population is less than
10250,000, except as otherwise provided in this section; and in all respects, except as
11herein specified, each such institution shall be the county institution of each of the
12counties so joining.
SB45, s. 1007
13Section
1007. 46.20 (3) of the statutes is amended to read:
SB45,581,2114
46.20
(3) Upon approval of the site, plans and specifications, as provided in
s.
15252.073 as to tuberculosis sanatoriums and ss. 46.17 and 301.37, as to other
16institutions, the joint committee shall report to the several county boards the
17estimated cost of the site and buildings, and the amount thereof chargeable to each
18county on the basis set forth in sub. (6) (a), appending to each report a copy of the
19plans and specifications and all matter relating to the site and buildings. If the report
20is approved by each county board, the joint committee shall purchase the site and
21cause the buildings to be erected in accordance with the plans and specifications.
SB45, s. 1008
22Section
1008. 46.20 (8) of the statutes is repealed.
SB45, s. 1009
23Section
1009. 46.20 (10) of the statutes is repealed.
SB45, s. 1010
24Section
1010. 46.21 (2m) (c) of the statutes is amended to read:
SB45,582,11
146.21
(2m) (c)
Exchange of information. Notwithstanding ss.
46.2895 (9), 48.78
2(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7) and
3253.07 (3) (c), any subunit of the county department of human services acting under
4this subsection may exchange confidential information about a client, without the
5informed consent of the client, with any other subunit of the same county department
6of human services
, with a resource center, care management organization or family
7care district, or with any person providing services to the client under a purchase of
8services contract with the county department of human services
or with a resource
9center, care management organization or family care district, if necessary to enable
10an employe or service provider to perform his or her duties, or to enable the county
11department of human services to coordinate the delivery of services to the client.
SB45, s. 1011
12Section
1011. 46.215 (1) (j) of the statutes is amended to read:
SB45,582,1613
46.215
(1) (j) To make payments in such manner as the department of
14workforce development may determine for training of recipients, former recipients
15and potential recipients of aid in programs established under
ss. s. 49.193
, 1997
16stats., and
s. 49.26 (1).
SB45, s. 1012
17Section
1012. 46.215 (1) (r) of the statutes is created to read:
SB45,582,2118
46.215
(1) (r) If authorized under s. 46.283 (1) (a) 1., to apply to the department
19of health and family services to operate a resource center under s. 46.283 and, if the
20department contracts with the county under s. 46.283 (2), to operate the resource
21center.
SB45, s. 1013
22Section
1013. 46.215 (1) (s) of the statutes is created to read:
SB45,583,223
46.215
(1) (s) If authorized under s. 46.284 (1) (a) 1., to apply to the department
24of health and family services to operate a care management organization under s.
2546.284 and, if the department contracts with the county under s. 46.284 (2), to
1operate the care management organization and, if appropriate, place funds in a risk
2reserve.
SB45, s. 1014
3Section
1014. 46.215 (1g) of the statutes is renumbered 46.215 (1g) (intro.) and
4amended to read:
SB45,583,95
46.215
(1g) Administration of food stamps
for participants in by a Wisconsin
6works agency. (intro.) The Wisconsin works agency, as defined in s. 49.001 (9), shall
,
7to the extent permitted by federal law, certify eligibility for and
distribute, if
8determined eligible, issue food coupons
under s. 49.143 (2) (e) to eligible participants 9to all of the following:
SB45,583,10
10(a) Participants in the Wisconsin works program under subch. III of ch. 49.
SB45, s. 1015
11Section
1015. 46.215 (1g) (b) of the statutes is created to read:
SB45,583,1512
46.215
(1g) (b) Persons who may be required to participate in the food stamp
13employment and training program under s. 49.124 (1m), if the department of
14workforce development has contracted with the Wisconsin works agency to
15administer the food stamp employment and training program under s. 49.124 (1m).
SB45, s. 1016
16Section
1016. 46.215 (1g) (c) of the statutes is created to read:
SB45,583,1817
46.215
(1g) (c) Other persons who are under the age of 61 and who are not
18disabled, as defined by the department.
SB45, s. 1017
19Section
1017. 46.215 (1m) of the statutes is amended to read:
SB45,584,620
46.215
(1m) Exchange of information. Notwithstanding ss.
46.2895 (9), 48.78
21(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7), 253.07
22(3) (c) and 938.78 (2) (a), any subunit of the county department of social services
23acting under this section may exchange confidential information about a client,
24without the informed consent of the client, with any other subunit of the same county
25department of social services
, with a resource center, care management organization
1or family care district, or with any person providing services to the client under a
2purchase of services contract with the county department of social services
or with
3a resource center, care management organization or family care district, if necessary
4to enable an employe or service provider to perform his or her duties, or to enable the
5county department of social services to coordinate the delivery of services to the
6client.
SB45, s. 1018
7Section
1018. 46.215 (2) (c) 1. of the statutes is amended to read:
SB45,584,198
46.215
(2) (c) 1. A county department of social services shall develop, under the
9requirements of s. 46.036, plans and contracts for care and services to be purchased,
10except for care and services under subch. III of ch. 49 or s. 301.08 (2). The department
11of health and family services may review the contracts and approve them if they are
12consistent with s. 46.036 and if state or federal funds are available for such purposes.
13The joint committee on finance may require the department of health and family
14services to submit the contracts to the committee for review and approval. The
15department of health and family services may not make any payments to a county
16for programs included in a contract under review by the committee. The department
17of health and family services shall reimburse each county for the contracts from the
18appropriations under s. 20.435
(3) (o) and (7) (b)
, (kw), (kz) and (o), as appropriate,
19under s. 46.495.
SB45, s. 1019
20Section
1019. 46.22 (1) (b) 1. j. of the statutes is created to read:
SB45,584,2421
46.22
(1) (b) 1. j. If authorized under s. 46.283 (1) (a) 1., to apply to the
22department of health and family services to operate a resource center under s. 46.283
23and, if the department contracts with the county under s. 46.283 (2), to operate the
24resource center.
SB45, s. 1020
25Section
1020. 46.22 (1) (b) 1. k. of the statutes is created to read:
SB45,585,5
146.22
(1) (b) 1. k. If authorized under s. 46.284 (1) (a) 1., to apply to the
2department of health and family services to operate a care management organization
3under s. 46.284 and, if the department contracts with the county under s. 46.284 (2),
4to operate the care management organization and, if appropriate, place funds in a
5risk reserve.
SB45, s. 1021
6Section
1021. 46.22 (1) (b) 2. a. of the statutes is repealed.
SB45, s. 1022
7Section
1022. 46.22 (1) (b) 2. e. of the statutes is amended to read:
SB45,585,118
46.22
(1) (b) 2. e. To make payments in such manner as the department of
9workforce development may determine for training of recipients, former recipients
10and potential recipients of aid in programs established under ss. 49.193
, 1997 stats., 11and 49.26 (1).
SB45, s. 1023
12Section
1023. 46.22 (1) (c) 8. f. of the statutes is created to read:
SB45,585,1513
46.22
(1) (c) 8. f. Before July 1, 2006, the county department of social services
14shall implement the statewide automated child welfare information system
15established by the department under s. 46.03 (7) (g).
SB45, s. 1024
16Section
1024. 46.22 (1) (dm) of the statutes is amended to read:
SB45,586,317
46.22
(1) (dm)
Exchange of information. Notwithstanding ss.
46.2895 (9), 48.78
18(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7), 253.07
19(3) (c) and 938.78 (2) (a), any subunit of the county department of social services
20acting under this subsection may exchange confidential information about a client,
21without the informed consent of the client, with any other subunit of the same county
22department of social services
, with a resource center, care management organization
23or family care district, or with any person providing services to the client under a
24purchase of services contract with the county department of social services
or with
25a resource center, care management organization or family care district, if necessary
1to enable an employe or service provider to perform his or her duties, or to enable the
2county department of social services to coordinate the delivery of services to the
3client.
SB45, s. 1025
4Section
1025. 46.22 (1) (e) 3. a. of the statutes is amended to read:
SB45,586,165
46.22
(1) (e) 3. a. A county department of social services shall develop, under
6the requirements of s. 46.036, plans and contracts for care and services, except under
7subch. III of ch. 49 and s. 301.08 (2), to be purchased. The department of health and
8family services may review the contracts and approve them if they are consistent
9with s. 46.036 and to the extent that state or federal funds are available for such
10purposes. The joint committee on finance may require the department of health and
11family services to submit the contracts to the committee for review and approval.
12The department of health and family services may not make any payments to a
13county for programs included in the contract that is under review by the committee.
14The department of health and family services shall reimburse each county for the
15contracts from the appropriations under s. 20.435
(3) (o) and (7) (b)
, (kw), (kz) and
16(o) according to s. 46.495.
SB45, s. 1026
17Section
1026. 46.22 (1g) of the statutes is renumbered 46.22 (1g) (intro.) and
18amended to read:
SB45,586,2319
46.22
(1g) Administration of food stamps
for participants in by a Wisconsin
20works agency. (intro.) The Wisconsin works agency, as defined in s. 49.001 (9), shall
,
21to the extent permitted by federal law, certify eligibility for and
distribute, if
22determined eligible, issue food coupons
under s. 49.143 (2) (e) to eligible participants 23to all of the following:
SB45,586,24
24(a) Participants in the Wisconsin works program under subch. III of ch. 49.
SB45, s. 1027
25Section
1027. 46.22 (1g) (b) of the statutes is created to read:
SB45,587,4
146.22
(1g) (b) Persons who may be required to participate in the food stamp
2employment and training program under s. 49.124 (1m), if the department of
3workforce development has contracted with the Wisconsin works agency to
4administer the food stamp employment and training program under s. 49.124 (1m).
SB45, s. 1028
5Section
1028. 46.22 (1g) (c) of the statutes is created to read:
SB45,587,76
46.22
(1g) (c) Other persons who are under the age of 61 and who are not
7disabled, as defined by the department.
SB45, s. 1029
8Section
1029. 46.23 (3) (e) of the statutes is amended to read:
SB45,587,209
46.23
(3) (e)
Exchange of information. Notwithstanding ss.
46.2895 (9), 48.78
10(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7), 253.07
11(3) (c) and 938.78 (2) (a), any subunit of a county department of human services
12acting under this section may exchange confidential information about a client,
13without the informed consent of the client, with any other subunit of the same county
14department of human services
, with a resource center, care management
15organization or family care district, or with any person providing services to the
16client under a purchase of services contract with the county department of human
17services
or with a resource center, care management organization or family care
18district, if necessary to enable an employe or service provider to perform his or her
19duties, or to enable the county department of human services to coordinate the
20delivery of services to the client.
SB45, s. 1030
21Section
1030. 46.266 (1) (d) of the statutes is created to read:
SB45,587,2322
46.266
(1) (d) A person in the facility who has been determined under s. 49.45
23(6c) (b) to require active treatment for mental illness.
SB45, s. 1031
24Section
1031. 46.27 (1) (bm) of the statutes is amended to read:
SB45,588,5
146.27
(1) (bm) "Private nonprofit agency" means a nonprofit corporation, as
2defined in s. 181.0103 (17), which provides
comprehensive health care services to
3elderly persons a program of all-inclusive care for persons aged 65 or older
4authorized under 42 USC 1395 to 1395ggg and which participates in the On Lok
5replication initiative.
SB45, s. 1032
6Section
1032. 46.27 (2) (k) of the statutes is created to read:
SB45,588,97
46.27
(2) (k) Review and approve or disapprove the terms of risk reserve escrow
8accounts created under sub. (7) (fr) and approve or disapprove disbursements for
9administrative or staff costs from the risk reserve escrow accounts.
SB45, s. 1033
10Section
1033. 46.27 (4) (c) (intro.) of the statutes is amended to read:
SB45,588,1211
46.27
(4) (c) (intro.) The planning committee shall
develop do all of the
12following:
SB45,588,14
131. Develop a community options plan for participation in the program. The
14plan shall include:
SB45, s. 1034
15Section
1034. 46.27 (4) (c) 1. to 7. of the statutes are renumbered 46.27 (4) (c)
161. a. to g.
SB45, s. 1035
17Section
1035. 46.27 (4) (c) 2. of the statutes is created to read:
SB45,588,2118
46.27
(4) (c) 2. Advise the county board of supervisors and, if applicable, the
19county administrator or county executive on whether to apply to the department for
20a contract to operate a resource center or a care management organization and
21whether to create a family care district to apply to the department for such a contract.
SB45, s. 1036
22Section
1036. 46.27 (4) (c) 3. of the statutes is created to read:
SB45,589,223
46.27
(4) (c) 3. Review initial plans and existing provider networks of any care
24management organization in the area to assist the care management organization
1in developing a network of service providers that includes a sufficient number of
2accessible, convenient and desirable services.
SB45, s. 1037
3Section
1037. 46.27 (4) (c) 4. of the statutes is created to read:
SB45,589,64
46.27
(4) (c) 4. Advise care management organizations about whether to offer
5optional acute and primary health care services and, if so, how these benefits should
6be offered.
SB45, s. 1038
7Section
1038. 46.27 (4) (c) 8. of the statutes is renumbered 46.27 (4) (c) 1. h.
8and amended to read:
SB45,589,119
46.27
(4) (c) 1. h. If a pilot project under s.
46.271 (2m) 46.281 (1) (d) is
10established in the county, a description of how the activities of the pilot project relate
11to and are coordinated with the county's proposed program.
SB45, s. 1039
12Section
1039. 46.27 (5) (am) of the statutes is amended to read:
SB45,589,2513
46.27
(5) (am) Organize assessment activities specified in sub. (6). The county
14department or aging unit shall utilize persons for each assessment who can
15determine the needs of the person being assessed and who know the availability
16within the county of services alternative to placement in a nursing home. If any
17hospital patient is referred to a nursing home for admission, these persons shall work
18with the hospital discharge planner in performing the activities specified in sub. (6).
19The county department or aging unit shall coordinate the involvement of
20representatives from the county departments under ss. 46.215, 46.22, 51.42 and
2151.437, health service providers and the county commission on aging in the
22assessment activities specified in sub. (6), as well as the person being assessed and
23members of the person's family or the person's guardian. This paragraph does not
24apply to a county department or aging unit in a county where a pilot project under
25s.
46.271 (2m) 46.281 (1) (d) is established.
SB45, s. 1040
1Section
1040. 46.27 (6) (a) 3. of the statutes is amended to read:
SB45,590,92
46.27
(6) (a) 3. In each participating county, except in counties where a pilot
3project under s.
46.271 (2m) 46.281 (1) (d) is established, assessments shall be
4conducted for those persons and in accordance with the procedures described in the
5county's community options plan. The county may elect to establish assessment
6priorities for persons in target groups identified by the county in its plan regarding
7gradual implementation. If a person who is already admitted to a nursing home
8requests an assessment and if funds allocated for assessments under sub. (7) (am)
9are available, the county shall conduct the assessment.
SB45, s. 1041
10Section
1041. 46.27 (6g) (intro.) of the statutes is amended to read:
SB45,590,1511
46.27
(6g) Fiscal responsibility. (intro.) Except as provided in s. 51.40, and
12within the limitations under sub. (7) (b), the fiscal responsibility of a county for an
13assessment, unless the assessment is performed by an entity under s.
46.271 (2m) 1446.281 (1) (d), case plan or services provided to a person under this section is as
15follows:
SB45, s. 1042
16Section
1042. 46.27 (6u) (c) 2. of the statutes is amended to read:
SB45,590,2417
46.27
(6u) (c) 2. For a person who is determined to be financially eligible under
18subd. 1. calculate, by use of the uniform fee system under s. 46.03 (18), the amount
19of cost sharing required for receipt of long-term community support services
20provided under sub. (5) (b). The county department or aging unit shall require
21payment by the person of 100% of the amount calculated under this subdivision
,
22unless the person pays the premiums established under s. 49.472 (4) (a). If the
23person pays those premiums, the county department or aging unit may not require
24any payment from the person under this subdivision.
SB45, s. 1043
25Section
1043. 46.27 (7) (am) of the statutes is amended to read:
SB45,591,9
146.27
(7) (am) From the appropriation under s. 20.435 (7) (bd), the department
2shall allocate funds to each county or private nonprofit agency with which the
3department contracts to pay assessment and case plan costs under sub. (6) not
4otherwise paid by fee or under s. 49.33 (2) or 49.45. The department shall reimburse
5counties for the cost of assessing persons eligible for medical assistance under s.
649.46, 49.468 or 49.47 as part of the administrative services of medical assistance,
7payable under s. 49.45 (3) (a). Counties may use unspent funds allocated under this
8paragraph to pay the cost of long-term community support services
and for a risk
9reserve under par. (fr).
SB45, s. 1044
10Section
1044. 46.27 (7) (b) of the statutes is amended to read:
SB45,591,2411
46.27
(7) (b) 1m. From the appropriations under s. 20.435 (7) (bd) and (im), the
12department shall allocate funds to each county to pay the cost of providing long-term
13community support services under sub. (5) (b) not otherwise paid under s. 49.45 to
14persons eligible for medical assistance under s. 49.46 or 49.47 or to persons whom
15the county department or aging unit administering the program finds likely to
16become medically indigent within 6 months by spending excess income or assets for
17medical or remedial care. The average per person reimbursement under this
18paragraph may not exceed the state share of the average per person payment rate
19the department expects under s. 49.45 (6m). The county department or aging unit
20administering the program may spend funds received under this paragraph only in
21accordance with the case plan and service contract created for each person receiving
22long-term community support services.
Counties may use unspent funds allocated
23under this paragraph from the appropriation under s. 20.435 (7) (bd) for a risk
24reserve under par. (fr).
SB45, s. 1045
25Section
1045. 46.27 (7) (cj) 3. a. of the statutes is amended to read:
SB45,592,7
146.27
(7) (cj) 3. a. An assessment under sub. (6) has been completed for the
2person prior to the person's admission to the community-based residential facility,
3whether or not the person is a private pay admittee at the time of admission.
The
4county may waive this condition in accordance with guidelines established by the
5department. If the county waives this condition, the county must meet with the
6person or the person's guardian to discuss the cost-effectiveness of various service
7options.
SB45, s. 1046
8Section
1046. 46.27 (7) (fm) of the statutes is amended to read:
SB45,592,219
46.27
(7) (fm) The department shall, at the request of a county, carry forward
10up to 10% of the amount allocated under this subsection to the county for a calendar
11year if up to 10% of the amount so allocated has not been spent or encumbered by the
12county by December 31 of that year, for use by the county in the following calendar
13year
, except that the amount carried forward shall be reduced by the amount of funds
14that the county has notified the department that the county wishes to place in a risk
15reserve under par. (fr). The department may transfer funds within s. 20.435 (7) (bd)
16to accomplish this purpose. An allocation under this paragraph does not affect a
17county's base allocation under this subsection and shall lapse to the general fund
18unless expended within the calendar year to which the funds are carried forward.
19A county may not expend funds carried forward under this paragraph for
20administrative or staff costs, except administrative or staff costs that are associated
21with implementation of the waiver under sub. (11) and approved by the department.
SB45, s. 1047
22Section
1047. 46.27 (7) (fr) of the statutes is created to read:
SB45,593,523
46.27
(7) (fr) 1. Notwithstanding s. 46.036 (3) and (5m), a county may place in
24a risk reserve funds that are allocated under par. (am) or (b) or sub. (11) (c) 3. and
25are not expended or encumbered for services under this subsection or sub. (11). The
1county shall notify the department of this decision and of the amount to be placed in
2the risk reserve. The county shall maintain the risk reserve in an interest-bearing
3escrow account with a financial institution, as defined in s. 69.30 (1) (b), if the
4department has approved the terms of the escrow. All interest from the principal
5shall be reinvested in the escrow account.
SB45,593,106
2. The annual amount of a county's expenditure for a risk reserve, as specified
7in subd. 1., may not exceed 10% of the county's most recent allocation under pars.
8(am) and (b) and sub. (11) (c) 3. or $750,000, whichever is less. The total amount of
9the risk reserve, including interest, may not exceed 15% of the county's most recent
10allocation under this subsection.
SB45,593,1211
3. A county may expend funds maintained in a risk reserve, as specified in subd.
121., for any of the following purposes:
SB45,593,1313
a. To defray costs of long-term community support services under this section.
SB45,593,1514
b. To meet requirements under any contract that the county has with the
15department to operate a care management organization under s. 46.284.
SB45,593,1716
c. If approved by a resolution of the county board of supervisors, to transfer
17funds to a family care district.