SB55-ASA1-AA1,410,222
46.215
(1g) Administration of food stamps by a Wisconsin works agency. The
23Wisconsin works agency, as defined in s. 49.001 (9),
shall may, to the extent permitted
24by under federal law, and subject to s.
49.143 (2) (e) 49.124 (1d), certify eligibility for
1and
, if determined eligible, issue food coupons under s.
49.143 (2) (e) 49.124 (1d) to
2eligible participants in the Wisconsin works program under subch. III of ch. 49.
SB55-ASA1-AA1, s. 1494qed
3Section 1494qed. 46.215 (1g) of the statutes, as affected by 2001 Wisconsin
4Act .... (this act), is amended to read:
SB55-ASA1-AA1,410,95
46.215
(1g) Administration of food stamps by a Wisconsin works agency. The
6Wisconsin works agency, as defined in s. 49.001 (9), may, to the extent permitted
by 7under federal law, and subject to s.
49.124 (1d) 49.79 (1m), certify eligibility for and
8issue food coupons under s.
49.124 (1d) 49.79 (1m) to eligible participants in the
9Wisconsin works program under subch. III of ch. 49.".
SB55-ASA1-AA1,410,1513
46.27
(7g) (h) The department may contract with or employ an attorney to
14probate estates to recover under this subsection the costs of care.
Any such contract
15is subject to the requirements under s. 20.930 (2) to (5).".
SB55-ASA1-AA1,410,2318
46.27
(3) (f) Beginning on January 1, 1996, from the annual allocation to the
19county for the provision of long-term community support services under subs. (7) (b)
20and (11), annually establish a maximum total amount that may be encumbered in
21a calendar year for services for eligible individuals in community-based residential
22facilities
, unless the department waives the requirement under sub (2) (i) or
23approves a request for an exception under sub. (6r) (c).
SB55-ASA1-AA1,411,4
146.27
(7) (cm) 1. (intro.)
Except as provided sub. (7b), beginning Beginning on
2January 1, 1996, no county, private nonprofit agency or aging unit may use funds
3received under par. (b) to provide services in any community-based residential
4facility that has more than
8 20 beds, unless one of the following applies:
SB55-ASA1-AA1,411,96
46.27
(7) (cm) 1. c. The department approves the provision of services in a
7community-based residential facility that is initially licensed after July 29, 1995,
8that is licensed for
more than 20
or fewer beds and that meets standards established
9under subd. 2.
SB55-ASA1-AA1,411,1713
46.22
(1g) Administration of food stamps by a Wisconsin works agency. The
14Wisconsin works agency, as defined in s. 49.001 (9),
shall may, to the extent permitted
15by under federal law, and subject to s.
49.143 (2) (e) 49.124 (1d), certify eligibility for
16and issue food coupons under s.
49.143 (2) (e) 49.124 (1d) to eligible participants in
17the Wisconsin works program under subch. III of ch. 49.
SB55-ASA1-AA1, s. 1495mf
18Section 1495mf. 46.22 (1g) of the statutes, as affected by 2001 Wisconsin Act
19.... (this act), is amended to read:
SB55-ASA1-AA1,411,2420
46.22
(1g) Administration of food stamps by a Wisconsin works agency. The
21Wisconsin works agency, as defined in s. 49.001 (9), may, to the extent permitted
by 22under federal law, and subject to s.
49.124 (1d) 49.79 (1m), certify eligibility for and
23issue food coupons under s.
49.124 (1d) 49.79 (1m) to eligible participants in the
24Wisconsin works program under subch. III of ch. 49.".
SB55-ASA1-AA1,412,5
4"
Section 1505b. 46.27 (11) (c) 6. (intro.) and a. of the statutes are consolidated,
5renumbered 46.27 (11) (c) 6. a. and amended to read:
SB55-ASA1-AA1,412,116
46.27
(11) (c) 6. a. No county, private nonprofit agency or aging unit may use
7funds received under this subsection to provide residential services in
any
8community-based residential facility, as defined in s. 50.01 (1g), or a group home, as
9defined in s. 48.02 (7), that has more than
4 5 beds, unless
one of the following
10applies: a. The the department approves the provision of services in a
11community-based residential facility or group home that has
5 6 to 8 beds.
SB55-ASA1-AA1,412,1714
46.27
(11) (c) 6. b. No county, private nonprofit agency, or aging unit may use
15funds received under this subsection to provide residential services in a
16community-based residential facility, as defined in s. 50.01 (1g), that has more than
1720 beds, unless the requirements of sub. (7) (cm) 1. a., b., or c. are met.".
SB55-ASA1-AA1,412,19
19"
Section 1507s. 46.277 (5) (d) 1m. (intro.) of the statutes is amended to read:
SB55-ASA1-AA1,412,2320
46.277
(5) (d) 1m. (intro.) No county may use funds received under this section
21to provide services to a person who does not live in his or her own home or apartment
22unless, subject to the limitations under subds. 2.
and
, 3.
, and 4. and par. (e), one of
23the following applies:
SB55-ASA1-AA1,413,6
146.277
(5) (d) 1n. (intro.) A county may also use funds received under this
2section, subject to the limitations under subds. 2.
and
, 3.
, and 4. and par. (e), to
3provide services to a person who does not live in his or her own home or apartment
4if the services are provided to the person in a community-based residential facility
5and the county department or aging unit has determined that all of the following
6conditions have been met:
SB55-ASA1-AA1,413,118
46.277
(5) (d) 2. (intro.) No county may use funds received under this section
9to provide residential services in any community-based residential facility, as
10defined in s. 50.01 (1g),
or group home, as defined in s. 48.02 (7), that has more than
114 beds, unless one of the following applies:".
SB55-ASA1-AA1,413,14
13"
Section 1508b. 46.277 (5) (d) 2. a. of the statutes is repealed and recreated
14to read:
SB55-ASA1-AA1,413,1515
46.277
(5) (d) 2. a. The requirements of s. 46.27 (7) (cm) 1. a. or c. are met.
SB55-ASA1-AA1,413,2017
46.277
(5) (d) 4. No county may use funds received under this section to provide
18residential services in a group home, as defined in s. 48.02 (7), that has more than
195 beds, unless the department approves the provision of services in a group home that
20has 6 to 8 beds.".
SB55-ASA1-AA1,413,22
22"
Section 1508rg. 46.278 (title) and (1) of the statutes are amended to read:
SB55-ASA1-AA1,413,24
2346.278 (title)
Community integration program
and brain injury waiver
24program for persons with mental retardation developmental disabilities.
SB55-ASA1-AA1,414,12
1(1) Legislative intent. The intent of the
program programs under this section
2is to provide home or community-based care to serve in a noninstitutional
3community setting a person who meets eligibility requirements under
42 USC 1396n 4(c) and who is diagnosed as developmentally disabled under the definition specified
5in s. 51.01 (5) and relocated from an institution other than a state center for the
6developmentally disabled or who meets the intermediate care facility for the
7mentally retarded
or a brain injury rehabilitation facility level of care requirements
8for medical assistance reimbursement in an intermediate care facility for the
9mentally retarded
or brain injury rehabilitation facility and is ineligible for services
10under s. 46.275 or 46.277. The intent of the program is also that counties use all
11existing services for providing care under this section, including those services
12currently provided by counties.
SB55-ASA1-AA1,414,1614
46.278
(1m) (a) "Brain injury rehabilitation facility" means a nursing facility
15or hospital designated as a facility for brain injury rehabilitation by the department
16under the approved state medicaid plan.
SB55-ASA1-AA1,414,2018
46.278
(1m) (c) "Program" means the community integration program
or the
19brain injury waiver program, for facilities certified as medical assistance providers,
20for which a waiver has been received under sub. (3).
SB55-ASA1-AA1,415,422
46.278
(2) (a) The department may request
a waiver one or more waivers from
23the secretary of the federal department of health and human services, under
42 USC
241396n (c), authorizing the department to serve medical assistance recipients, who
25meet the level of care requirements for medical assistance reimbursement in an
1intermediate care facility for the mentally retarded
or in a brain injury rehabilitation
2facility, in their communities by providing home or community-based services as
3part of medical assistance. If the department requests a waiver, it shall include all
4assurances required under
42 USC 1396n (c) (2) in its request.
SB55-ASA1-AA1,415,86
46.278
(3) (a) Evaluate the effect of
the each program on medical assistance
7costs and on the program's ability to provide community care alternatives to
8institutional care in facilities certified as medical assistance providers.
SB55-ASA1-AA1,415,1610
46.278
(4) (a) Sections 46.27 (3) (b) and 46.275 (3) (a) and (c) to (e) apply to
11county participation in
this a program, except that services provided in the program
12shall substitute for care provided a person in an intermediate care facility for the
13mentally retarded
or brain injury rehabilitation facility who meets the intermediate
14care facility for the mentally retarded
or brain injury rehabilitation facility level of
15care requirements for medical assistance reimbursement to that facility rather than
16for care provided at a state center for the developmentally disabled.
SB55-ASA1-AA1,415,2218
46.278
(4) (b) 2. Each county department participating in
the a program shall
19provide home or community-based care to persons eligible under this section, except
20that the number of persons who receive home or community-based care under this
21section may not exceed the number that are approved under
the an applicable waiver
22received under sub. (3).
SB55-ASA1-AA1,416,824
46.278
(5) (a) Any medical assistance recipient who meets the level of care
25requirements for medical assistance reimbursement in an intermediate care facility
1for the mentally retarded
or in a brain injury rehabilitation facility and is ineligible
2for service under s. 46.275 or 46.277 is eligible to participate in
the a program,
except
3that persons eligible for the brain injury waiver program must meet the definition
4of brain injury under s. 51.01 (2g), and except that the number of participants may
5not exceed the number approved under the waiver received under sub. (3). Such a
6recipient may apply, or any person may apply on behalf of such a recipient, for
7participation in
the a program. Section 46.275 (4) (b) applies to participation in
the 8a program.
SB55-ASA1-AA1,416,169(b) To the extent authorized under
42 USC 1396n, if a person discontinues
10participation in
the a program, a medical assistance recipient may participate in
the 11a program in place of the participant who discontinues if that recipient meets the
12intermediate care facility for the mentally retarded level of care requirements for
13medical assistance reimbursement in an intermediate care facility for the mentally
14retarded except that the number of participants concurrently served may not exceed
15the number approved under the waiver received under sub. (3) requirements under
16par. (a).
SB55-ASA1-AA1,416,1918
46.278
(6) (a) The provisions of s. 46.275 (5) (a), (b) and (d) apply to funding
19received by counties under the
program programs.
SB55-ASA1-AA1,416,2120
(b) Total funding to counties for relocating each person under
the a program
21may not exceed the amount approved in the waiver received under sub. (3).
SB55-ASA1-AA1,416,2322
(c) Funding may be provided under
the a program for services of a family
23consortium.".
SB55-ASA1-AA1,417,53
46.278
(6) (e) 1. The department may provide enhanced reimbursement for
4services under the
community integration program for an individual who was
5relocated to the community by a county department from one of the following:
SB55-ASA1-AA1,417,117
46.278
(6) (f) If a county owns the institution or intermediate care facility for
8the mentally retarded from which an individual is relocated to the community under
9this section, in order to receive funding under the
community integration program,
10the county shall submit a plan for delicensing a bed of the institution or intermediate
11care facility for the mentally retarded that is approved by the department.".
SB55-ASA1-AA1,417,17
1446.34 Emission standards for hazardous air contaminants. The
15department may assist the department of
natural resources environmental
16management in the development of emission standards for hazardous air
17contaminants under s. 285.27 (2) (b).".
SB55-ASA1-AA1,418,1521
46.45 (2) (a) If on December 31 of any year there remains unspent or
22unencumbered in the allocation under s. 46.40 (2) an amount that exceeds the
23amount received under
42 USC 670 to
679a and allocated under s. 46.40 (2) in that
24year, the department shall carry forward the excess moneys and distribute not less
1than 50% of the excess moneys to counties having a population of less than 500,000
2that are making a good faith effort, as determined by the department, to comply with
3s. 46.22 (1) (c) 8. f. for services and projects to assist children and families,
4notwithstanding the percentage limit specified in sub. (3) (a). A county shall use not
5less than 50% of the moneys distributed to the county under this subsection for
6services for children who are at risk of abuse or neglect to prevent the need for child
7abuse and neglect intervention services
, except that in the calendar year in which
8a county achieves compliance with s. 46.22 (1) (c) 8. f. and in the 2 calendar years after
9that calendar year the county may use 100% of the moneys distributed under this
10paragraph to reimburse the department for the costs of achieving that compliance.
11If a county does not comply with s. 46.22 (1) (c) 8. f. before July 1, 2005, the
12department may recover any amounts distributed to that county under this
13paragraph after June 30, 2001, by billing the county or deducting from that county's
14allocation under s. 46.40 (2).
All moneys received by the department under this
15paragraph shall be credited to the appropriation account under s. 20.435 (3) (j).".
SB55-ASA1-AA1,418,2218
49.45
(39) (a) 1. "School" means a public school described under s. 115.01 (1),
19a charter school, as defined in s. 115.001 (1), the Wisconsin Center for the Blind and
20Visually Impaired
, or the Wisconsin
School Educational Services Program for the
21Deaf
and Hard of Hearing. It includes school-operated early childhood programs for
22developmentally delayed and disabled 4-year-old and 5-year-old children.
SB55-ASA1-AA1,419,13
149.45
(39) (am)
Plan amendment. No later than September 30, 1995, the
2department shall submit to the federal department of health and human services an
3amendment to the state medical assistance plan to permit the application of pars. (b)
4and (c). If the amendment to the state plan is approved, school districts, cooperative
5educational service agencies
, and the department of public instruction on behalf of
6the Wisconsin Center for the Blind and Visually Impaired and the Wisconsin
School 7Educational Services Program for the Deaf
and Hard of Hearing claim
8reimbursement under pars. (b) and (c). Paragraphs (b) and (c) do not apply unless
9the amendment to the state plan is approved and in effect. The department shall
10submit to the federal department of health and human services an amendment to the
11state plan if necessary to permit the application of pars. (b) and (c) to the Wisconsin
12Center for the Blind and Visually Impaired and the Wisconsin
School Educational
13Services Program for the Deaf
and Hard of Hearing.
SB55-ASA1-AA1,420,2315
49.45
(39) (b)
School medical services. 1. `Payment for school medical services.'
16If a school district or a cooperative educational service agency elects to provide school
17medical services and meets all requirements under par. (c), the department shall
18reimburse the school district or the cooperative educational service agency for 60%
19of the federal share of allowable charges for the school medical services that it
20provides and, as specified in subd. 2., for allowable administrative costs. If the
21Wisconsin Center for the Blind and Visually Impaired or the Wisconsin
School 22Educational Services Program for the Deaf
and Hard of Hearing elects to provide
23school medical services and meets all requirements under par. (c), the department
24shall reimburse the department of public instruction for 60% of the federal share of
25allowable charges for the school medical services that the Wisconsin Center for the
1Blind and Visually Impaired or the Wisconsin
School Educational Services Program 2for the Deaf
and Hard of Hearing provides and, as specified in subd. 2., for allowable
3administrative costs. A school district, cooperative educational service agency, the
4Wisconsin Center for the Blind and Visually Impaired or the Wisconsin
School 5Educational Services Program for the Deaf
and Hard of Hearing may submit, and
6the department shall allow, claims for common carrier transportation costs as a
7school medical service unless the department receives notice from the federal health
8care financing administration that, under a change in federal policy, the claims are
9not allowed. If the department receives the notice, a school district, cooperative
10educational service agency, the Wisconsin Center for the Blind and Visually
11Impaired
, or the Wisconsin
School
Educational Services Program for the Deaf
and
12Hard of Hearing may submit, and the department shall allow, unreimbursed claims
13for common carrier transportation costs incurred before the date of the change in
14federal policy. The department shall promulgate rules establishing a methodology
15for making reimbursements under this paragraph. All other expenses for the school
16medical services provided by a school district or a cooperative educational service
17agency shall be paid for by the school district or the cooperative educational service
18agency with funds received from state or local taxes. The school district, the
19Wisconsin Center for the Blind and Visually Impaired, the Wisconsin
School 20Educational Services Program for the Deaf
and Hard of Hearing, or the cooperative
21educational service agency shall comply with all requirements of the federal
22department of health and human services for receiving federal financial
23participation.
SB55-ASA1-AA1,421,824
2. `Payment for school medical services administrative costs.' The department
25shall reimburse a school district or a cooperative educational service agency specified
1under subd. 1. and shall reimburse the department of public instruction on behalf
2of the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin
School 3Educational Services Program for the Deaf
and Hard of Hearing for 90% of the
4federal share of allowable administrative costs, using time studies, beginning in
5fiscal year 1999-2000. A school district or a cooperative
education educational 6service agency may submit, and the department of health and family services shall
7allow, claims for administrative costs incurred during the period that is up to 24
8months before the date of the claim, if allowable under federal law.".
SB55-ASA1-AA1,421,17
1646.72 Neighborhood organization incubator grants. (1) Definitions. In
17this section:
SB55-ASA1-AA1,421,1918
(a) "Agency" means a private nonprofit or public organization that is
19community based.