SB55-ASA1, s. 1835k 21Section 1835k. Subchapter V (title) of chapter 49 [precedes 49.66] of the
22statutes is amended to read:
SB55-ASA1,643,2323 CHAPTER 49
SB55-ASA1,644,3
1SUBCHAPTER V
2 OTHER MEDICALLY RELATED SERVICES
3AND SUPPORT and medical PROGRAMS
SB55-ASA1, s. 1037 4Section 1037. 49.665 (4) (at) 1. a. of the statutes is amended to read:
SB55-ASA1,644,95 49.665 (4) (at) 1. a. Except as provided in subd. 1. b., the department shall
6establish a lower maximum income level for the initial eligibility determination if
7funding under s. 20.435 (4) (bc), (jz) and, (p), and (x) is insufficient to accommodate
8the projected enrollment levels for the health care program under this section. The
9adjustment may not be greater than necessary to ensure sufficient funding.
SB55-ASA1, s. 1836g 10Section 1836g. 49.665 (4) (at) 1. b. of the statutes is amended to read:
SB55-ASA1,644,2111 49.665 (4) (at) 1. b. The department may not lower the maximum income level
12for initial eligibility unless the department first submits to the joint committee on
13finance its plans a plan for lowering the maximum income level and the committee
14approves the plan
. If, within 14 days after submitting the plan the date on which the
15plan is submitted
to the joint committee on finance, the cochairpersons of the
16committee do not notify the secretary that the committee has scheduled a meeting
17for the purpose of reviewing the plan, the department shall implement the plan is
18considered approved by the committee
as proposed. If within 14 days after the date
19on which the plan is submitted to the committee, the cochairpersons of the committee
20notify the secretary that the committee has scheduled a meeting to review the plan,
21the department may implement the plan only as approved by the committee
.
SB55-ASA1, s. 1836r 22Section 1836r. 49.665 (4) (at) 1. c. of the statutes is created to read:
SB55-ASA1,645,823 49.665 (4) (at) 1. c. Notwithstanding s. 20.001 (3) (b), if, after reviewing the plan
24submitted under subd. 1. b., the joint committee on finance determines that the
25amounts appropriated under s. 20.435 (4) (bc), (jz), (p), and (x) are insufficient to

1accommodate the projected enrollment levels, the committee may transfer
2appropriated moneys from the general purpose revenue appropriation account of any
3state agency, as defined in s. 20.001 (1), other than a sum sufficient appropriation
4account, to the appropriation account under s. 20.435 (4) (bc) to supplement the
5health care program under this section if the committee finds that the transfer will
6eliminate unnecessary duplication of functions, result in more efficient and effective
7methods for performing programs or more effectively carry out legislative intent, and
8that legislative intent will not be changed by the transfer.
SB55-ASA1, s. 1038 9Section 1038. 49.665 (4) (at) 2. of the statutes is amended to read:
SB55-ASA1,645,1410 49.665 (4) (at) 2. If, after the department has established a lower maximum
11income level under subd. 1., projections indicate that funding under s. 20.435 (4) (bc),
12(jz) and, (p), and (x) is sufficient to raise the level, the department shall, by state plan
13amendment, raise the maximum income level for initial eligibility, but not to exceed
14185% of the poverty line.
SB55-ASA1, s. 1837p 15Section 1837p. 49.68 (3) (b) of the statutes is amended to read:
SB55-ASA1,646,616 49.68 (3) (b) The From the appropriation accounts under ss. 20.435 (4) (e) and
17(je), the
state shall pay the cost of medical treatment required as a direct result of
18chronic renal disease of certified patients from the date of certification, including the
19cost of administering recombinant human erythropoietin to appropriate patients,
20whether the treatment is rendered in an approved facility in the state or in a dialysis
21or transplantation center which is approved as such by a contiguous state, subject
22to the conditions specified under par. (d). Approved facilities may include a hospital
23in-center dialysis unit or a nonhospital dialysis center which is closely affiliated with
24a home dialysis program supervised by an approved facility. Aid shall also be
25provided for all reasonable expenses incurred by a potential living-related donor,

1including evaluation, hospitalization, surgical costs and postoperative follow-up to
2the extent that these costs are not reimbursable under the federal medicare program
3or other insurance. In addition, all expenses incurred in the procurement,
4transportation and preservation of cadaveric donor kidneys shall be covered to the
5extent that these costs are not otherwise reimbursable. All donor-related costs are
6chargeable to the recipient and reimbursable under this subsection.
SB55-ASA1, s. 1837q 7Section 1837q. 49.683 (2) of the statutes is amended to read:
SB55-ASA1,646,98 49.683 (2) Approved costs for medical care under sub. (1) shall be paid from the
9appropriation accounts under s. 20.435 (4) (e) and (je).
SB55-ASA1, s. 1837r 10Section 1837r. 49.685 (2) of the statutes is amended to read:
SB55-ASA1,646,1611 49.685 (2) Assistance program. The From the appropriation accounts under
12s. 20.435 (4) (e) and (je), the
department shall establish a program of financial
13assistance to persons suffering from hemophilia and other related congenital
14bleeding disorders. The program shall assist such persons to purchase the blood
15derivatives and supplies necessary for home care. The program shall be
16administered through the comprehensive hemophilia treatment centers.
SB55-ASA1, s. 1837s 17Section 1837s. 49.687 (title) of the statutes is amended to read:
SB55-ASA1,646,19 1849.687 (title) Disease aids; patient financial and liability requirements;
19rebate agreements
.
SB55-ASA1, s. 1039 20Section 1039. 49.687 (2) of the statutes is amended to read:
SB55-ASA1,647,321 49.687 (2) The department shall develop and implement a sliding scale of
22patient liability for kidney disease aid under s. 49.68, cystic fibrosis aid under s.
2349.683 and hemophilia treatment under s. 49.685, based on the patient's ability to
24pay for treatment. To ensure that the needs for treatment of patients with lower
25incomes receive priority within the availability of funds under s. 20.435 (4) (e) and

1(je)
, the department shall revise the sliding scale for patient liability by January 1,
21994, and shall, every 3 years thereafter by January 1, review and, if necessary,
3revise the sliding scale.
SB55-ASA1, s. 1838c 4Section 1838c. 49.687 (3) of the statutes is created to read:
SB55-ASA1,647,105 49.687 (3) The department or an entity with which the department contracts
6shall provide to a drug manufacturer that sells drugs for prescribed use in this state
7documents designed for use by the manufacturer in entering into a rebate agreement
8with the department or entity that is modeled on the rebate agreement specified
9under 42 USC 1396r-8. The department or entity may enter into a rebate agreement
10under this subsection that shall include all of the following as requirements:
SB55-ASA1,647,1611 (a) That, as a condition of coverage for prescription drugs of a manufacturer
12under s. 49.68, 49.683, or 49.685, the manufacturer shall make rebate payments for
13each prescription drug of the manufacturer that is prescribed for and purchased by
14persons who meet eligibility criteria under s. 49.68, 49.683, or 49.685, to the state
15treasurer to be credited to the appropriation under s. 20.435 (4) (je), each calendar
16quarter or according to a schedule established by the department.
SB55-ASA1,647,2217 (b) That the amount of the rebate payment shall be determined by a method
18specified in 42 USC 1396r-8 (c), except that, if the average manufacturer price for
19a prescription drug exceeds the average manufacturer price of the drug as of
20December 31, 2000, or the first calendar quarter after the day on which the drug was
21first available, as adjusted for inflation, the rebate amount shall increase by the
22amount of the difference.
SB55-ASA1, s. 1838sb 23Section 1838sb. 49.79 (2) (b) of the statutes is created to read:
SB55-ASA1,648,3
149.79 (2) (b) An individual who fails to comply with the work requirements of
2the employment and training program under s. 49.13 (2) (a) is ineligible to
3participate in the food stamp program as specified under s. 49.13 (3).
SB55-ASA1, s. 1838t 4Section 1838t. 49.79 (9) of the statutes is created to read:
SB55-ASA1,648,95 49.79 (9) Fraud investigations and error reduction activities. If the
6department does not contract with the department of workforce development under
7s. 49.197 (5), the department shall establish and administer a program to investigate
8fraudulent activity on the part of recipients of food stamps and to reduce errors in
9the payments of benefits under the food stamp program.
SB55-ASA1, s. 1838td 10Section 1838td. 49.79 (10) of the statutes is created to read:
SB55-ASA1,648,1311 49.79 (10) Contract for employment and training program. The department
12shall contract with the department of workforce development to administer the
13employment and training program under s. 49.13.
SB55-ASA1, s. 1838u 14Section 1838u. 49.85 (1) of the statutes is amended to read:
SB55-ASA1,648,2415 49.85 (1) County department Department notification requirement. If a
16county department under s. 46.215, 46.22, or 46.23 , or a governing body of a federally
17recognized American Indian tribe or band or a Wisconsin works agency determines
18that the department of health and family services may recover an amount under s.
1949.497 or that the department of workforce development may recover an amount
20under s. 49.125, 49.161, or 49.195 (3), the county department or governing body shall
21notify the affected department of the determination. If a Wisconsin works agency
22determines that the department of workforce development may recover an amount
23under s. 49.161 or 49.195 (3), the Wisconsin works agency shall notify the
24department of workforce development of the determination.
SB55-ASA1, s. 1838v
1Section 1838v. 49.85 (1) of the statutes, as affected by 2001 Wisconsin Act ....
2(this act), is amended to read:
SB55-ASA1,649,123 49.85 (1) Department notification requirement. If a county department
4under s. 46.215, 46.22, or 46.23 or a governing body of a federally recognized
5American Indian tribe or band determines that the department of health and family
6services may recover an amount under s. 49.497 or that the department of workforce
7development may recover an amount under s. 49.125, 49.161, or 49.195 (3), or 49.793,
8the county department or governing body shall notify the affected department of the
9determination. If a Wisconsin works agency determines that the department of
10workforce development may recover an amount under s. 49.161 or 49.195 (3), the
11Wisconsin works agency shall notify the department of workforce development of the
12determination.
SB55-ASA1, s. 1839m 13Section 1839m. 49.85 (2) (b) of the statutes is amended to read:
SB55-ASA1,649,2114 49.85 (2) (b) At least annually, the department of workforce development shall
15certify to the department of revenue the amounts that, based on the notifications
16received under sub. (1) and on other information received by the department of
17workforce development, the department of workforce development has determined
18that it may recover under ss. 49.125, 49.161 and, 49.195 (3), and 49.793, except that
19the department of workforce development may not certify an amount under this
20subsection unless it has met the notice requirements under sub. (3) and unless its
21determination has either not been appealed or is no longer under appeal.
SB55-ASA1, s. 1840g 22Section 1840g. 49.85 (3) (b) 1. of the statutes is amended to read:
SB55-ASA1,650,223 49.85 (3) (b) 1. Inform the person that the department of workforce
24development intends to certify to the department of revenue an amount that the
25department of workforce development has determined to be due under s. 49.125,

149.161 or, 49.195 (3), or 49.793, for setoff from any state tax refund that may be due
2the person.
SB55-ASA1, s. 1040 3Section 1040. 49.853 (2) of the statutes is amended to read:
SB55-ASA1,650,154 49.853 (2) Financial record matching program and agreements. The
5department shall operate a financial record matching program under this section.
6The department shall promulgate rules specifying procedures under which the
7department shall enter into agreements with financial institutions doing business
8in this state to operate the financial record matching program under this section.
9The agreement shall require the financial institution to participate in the financial
10record matching program under this section by electing either the financial
11institution matching option under sub. (3) or the state matching option under sub.
12(4). The rules promulgated under this section shall provide for reimbursement of
13financial institutions in an amount not to exceed their actual costs of participation
14department shall reimburse a financial institution up to $125 per quarter for
15participating
in the financial record matching program under this section.
SB55-ASA1, s. 1041 16Section 1041. 49.855 (1) of the statutes is amended to read:
SB55-ASA1,650,2517 49.855 (1) If a person obligated to provide pay child support, family support or ,
18maintenance, or the receiving and disbursing fee under s. 767.29 (1) (d) is delinquent
19in making court-ordered any of those payments, or owes an outstanding amount that
20has been ordered by the court for past support, medical expenses, or birth expenses,
21upon application under s. 59.53 (5) the department of workforce development shall
22certify the delinquent payment or outstanding amount to the department of revenue
23and, at least annually, shall provide to the department of revenue any certifications
24of delinquencies or outstanding amounts that it receives from another state because
25the obligor resides in this state.
SB55-ASA1, s. 1042
1Section 1042. 49.855 (3) of the statutes is amended to read:
SB55-ASA1,651,232 49.855 (3) Receipt of a certification by the department of revenue shall
3constitute a lien, equal to the amount certified, on any state tax refunds or credits
4owed to the obligor. The lien shall be foreclosed by the department of revenue as a
5setoff under s. 71.93 (3), (6), and (7). When the department of revenue determines
6that the obligor is otherwise entitled to a state tax refund or credit, it shall notify the
7obligor that the state intends to reduce any state tax refund or credit due the obligor
8by the amount the obligor is delinquent under the support or, maintenance, or
9receiving and disbursing fee
order or obligation, by the outstanding amount for past
10support, medical expenses, or birth expenses under the court order, or by the amount
11due under s. 46.10 (4) or 301.12 (4). The notice shall provide that within 20 days the
12obligor may request a hearing before the circuit court rendering the order under
13which the obligation arose
. Within 10 days after receiving a request for hearing
14under this subsection, the court shall set the matter for hearing. Pending further
15order by the court or family court commissioner, the department of workforce
16development or its designee, whichever is appropriate, is prohibited from disbursing
17the obligor's state tax refund or credit. The family court commissioner may conduct
18the hearing. The sole issues at that hearing shall be whether the obligor owes the
19amount certified and, if not and it is a support or maintenance order, whether the
20money withheld from a tax refund or credit shall be paid to the obligor or held for
21future support or maintenance. An obligor may, within 20 days of receiving notice
22that the amount certified shall be withheld from his or her federal tax refund or
23credit, request a hearing under this subsection.
SB55-ASA1, s. 1844b 24Section 1844b. 49.855 (4) of the statutes is renumbered 49.855 (4) (a) and
25amended to read:
SB55-ASA1,652,12
149.855 (4) (a) The department of revenue shall send that the portion of any
2state or federal tax refunds or credits withheld for delinquent child or family support
3or maintenance or past support, medical expenses, or birth expenses to the
4department of workforce development or its designee for distribution to the obligee
5deposit in the support collections trust fund under s. 25.68 and shall send the portion
6of any state tax refunds or credits withheld for delinquent receiving and disbursing
7fees to the department of workforce development or its designee for deposit in the
8appropriation account under s. 20.445 (3) (ja)
. The department of workforce
9development shall make a settlement at least annually with the department of
10revenue. The settlement shall state the amounts certified, the amounts deducted
11from tax refunds and credits, and the administrative costs incurred by the
12department of revenue.
SB55-ASA1, s. 1844c 13Section 1844c. 49.855 (4) (b) of the statutes is created to read:
SB55-ASA1,652,2214 49.855 (4) (b) The department of administration shall send the portion of any
15federal tax refunds or credits received from the internal revenue service that was
16withheld for delinquent child or family support or maintenance or past support,
17medical expenses, or birth expenses to the department of workforce development or
18its designee for deposit in the support collections trust fund under s. 25.68 and shall
19send the portion of any federal tax refunds or credits received from the internal
20revenue service that was withheld for delinquent receiving and disbursing fees to the
21department of workforce development or its designee for deposit in the appropriation
22account under s. 20.445 (3) (ja).
SB55-ASA1, s. 1043 23Section 1043. 49.855 (4m) (b) of the statutes is amended to read:
SB55-ASA1,653,2324 49.855 (4m) (b) The department of revenue may provide a certification that it
25receives under sub. (1), (2m), or (2p) to the department of administration. Upon

1receipt of the certification, the department of administration shall determine
2whether the obligor is a vendor or is receiving any other payments from this state,
3except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s.
445.351 (1), this chapter, or ch. 46, 108, or 301. If the department of administration
5determines that the obligor is a vendor or is receiving payments from this state,
6except for wages, retirement benefits, or assistance under s. 45.352, 1971 stats., s.
745.351 (1), this chapter, or ch. 46, 108, or 301, it shall begin to withhold the amount
8certified from those payments and shall notify the obligor that the state intends to
9reduce any payments due the obligor by the amount the obligor is delinquent under
10the support or, maintenance, or receiving and disbursing fee order or obligation, by
11the outstanding amount for past support, medical expenses, or birth expenses under
12the court order, or by the amount due under s. 46.10 (4) or 301.12 (4). The notice shall
13provide that within 20 days after receipt of the notice the obligor may request a
14hearing before the circuit court rendering the order under which the obligation arose.
15An obligor may, within 20 days after receiving notice, request a hearing under this
16paragraph. Within 10 days after receiving a request for hearing under this
17paragraph, the court shall set the matter for hearing. The family court commissioner
18may conduct the hearing. Pending further order by the court or family court
19commissioner, the department of workforce development or its designee, whichever
20is appropriate, may not disburse the payments withheld from the obligor. The sole
21issues at the hearing are whether the obligor owes the amount certified and, if not
22and it is a support or maintenance order, whether the money withheld shall be paid
23to the obligor or held for future support or maintenance.
SB55-ASA1, s. 1044 24Section 1044. 49.855 (4m) (c) of the statutes is amended to read:
SB55-ASA1,654,10
149.855 (4m) (c) Except as provided by order of the court after hearing under
2par. (b), the department of administration shall continue withholding until the
3amount certified is recovered in full. The department of administration shall
4transfer the amounts withheld under this paragraph to the department of workforce
5development or its designee, the department of health and family services, or the
6department of corrections, whichever is appropriate. The department of workforce
7development or its designee shall distribute deposit amounts withheld for
8delinquent child or family support or, maintenance, or receiving and disbursing fees
9or past support, medical expenses, or birth expenses to the obligee in the
10appropriation account under s. 20.445 (3) (kp)
.
SB55-ASA1, s. 1045 11Section 1045. 50.033 (2s) (intro.) of the statutes is amended to read:
SB55-ASA1,654,1712 50.033 (2s) Required referral. (intro.) Subject to sub. (2t), an adult family
13home shall, within the time period prescribed by the department by rule, refer to a
14resource center under s. 46.283 a person who is seeking admission, who is at least
1565 years of age or has developmental disability or a physical disability and whose
16disability or condition is expected to last at least 90 days, unless any of the following
17applies:
SB55-ASA1, s. 1046 18Section 1046. 50.034 (5n) (intro.) of the statutes is amended to read:
SB55-ASA1,654,2419 50.034 (5n) Required referral. (intro.) Subject to sub. (5p), a residential care
20apartment complex shall, within the time period prescribed by the department by
21rule, refer to a resource center under s. 46.283 a person who is seeking admission,
22who is at least 65 years of age or has developmental disability or a physical disability
23and whose disability or condition is expected to last at least 90 days, unless any of
24the following applies:
SB55-ASA1, s. 1047 25Section 1047. 50.035 (4n) (intro.) of the statutes is amended to read:
SB55-ASA1,655,6
150.035 (4n) Required referral. (intro.) Subject to sub. (4p), a
2community-based residential facility shall, within the time period prescribed by the
3department by rule, refer to a resource center under s. 46.283 a person who is seeking
4admission, who is at least 65 years of age or has developmental disability or a
5physical disability and whose disability or condition is expected to last at least 90
6days, unless any of the following applies:
SB55-ASA1, s. 1955b 7Section 1955b. 51.02 (1) (e) of the statutes is repealed.
SB55-ASA1, s. 1048 8Section 1048. 51.06 (1) (intro.) of the statutes is renumbered 51.06 (1) and
9amended to read:
SB55-ASA1,655,1510 51.06 (1) Purpose. The purpose of the northern center for developmentally
11disabled, central center for developmentally disabled and southern center for
12developmentally disabled is to provide services needed by developmentally disabled
13citizens of this state which that are otherwise unavailable to them, and to return
14such those persons to the community when their needs can be met at the local level.
15Services to be provided by the department at such centers shall include:
SB55-ASA1, s. 1049 16Section 1049. 51.06 (1) (a) to (d) of the statutes are renumbered 51.06 (1m) (a)
17to (d), and 51.06 (1m) (d), as renumbered, is amended to read:
SB55-ASA1,655,2018 51.06 (1m) (d) Services for up to 36 50 individuals with developmental
19disability who are also diagnosed as mentally ill or who exhibit extremely aggressive
20and challenging behaviors.
SB55-ASA1, s. 1050 21Section 1050. 51.06 (1m) (intro.) of the statutes is created to read:
SB55-ASA1,655,2322 51.06 (1m) Services. (intro.) Services to be provided by the department at
23centers for the developmentally disabled shall include:
SB55-ASA1, s. 1051 24Section 1051. 51.06 (1r) of the statutes is created to read:
SB55-ASA1,656,6
151.06 (1r) Alternative services. (a) In addition to services provided under
2sub. (1m), the department may, when the department determines that community
3services need to be supplemented, authorize a center for the developmentally
4disabled to offer short-term residential services, dental and mental health services,
5therapy services, psychiatric and psychological services, general medical services,
6pharmacy services, and orthotics.
SB55-ASA1,656,167 (b) Services under this subsection may be provided only under contract
8between the department and a county department under s. 46.215, 46.22, 46.23,
951.42, or 51.437, a school district, or another public or private entity within the state
10to persons referred from those entities, at the discretion of the department. The
11department shall charge the referring entity all costs associated with providing the
12services. Unless a referral is made, the department may not offer services under this
13subsection to the person who is to receive the services or to his or her family. The
14department may not impose a charge for services under this subsection upon the
15person receiving the services or upon his or her family. Any revenues received under
16this subsection shall be credited to the appropriation account under s. 20.435 (2) (g).
SB55-ASA1,656,2417 (c) 1. Services under this subsection are governed by subchapter XVI of ch. 48
18and ss. 50.03, 50.032, 50.033, 50.034 (1) to (3), 50.035, 50.04, 50.09, 51.04, 51.42 (7)
19(b), and 51.61, for the application of which the services shall be considered to be
20provided by a private entity, by rules promulgated under those statutes, and by the
21terms of the contract between the department, except that, in the event of a conflict
22between the contractual terms and the statutes or rules, the services shall comply
23with the contractual, statutory, or rules provision that is most protective of the
24service recipient's health, safety, welfare, or rights.
SB55-ASA1,657,4
12. Sections 46.03 (18), 46.10, 51.15 (2), 51.20 (13) (c) 1., and 51.42 (3) (as) and
2zoning or other ordinances or regulations of the county, city, town, or village in which
3the services are provided or the facility is located do not apply to the services under
4this subsection.
SB55-ASA1,657,65 3. The department may not be required, by court order or otherwise, to offer
6services under this subsection.
SB55-ASA1,657,107 (d) A residential facility operated by a center for the developmentally disabled
8that is authorized by the department under this subsection may not be considered
9to be a hospital, as defined in s. 50.33 (2), an inpatient facility, a state treatment
10facility, or a treatment facility.
SB55-ASA1, s. 1052 11Section 1052. 51.42 (3) (ar) 4m. of the statutes is amended to read:
SB55-ASA1,657,1712 51.42 (3) (ar) 4m. If state, federal, and county funding for alcohol and other
13drug abuse treatment services provided under subd. 4. are insufficient to meet the
14needs of all eligible individuals, ensure that first priority for services is given to
15pregnant women who suffer from alcoholism or alcohol abuse or are drug dependent
16and that second priority be given to independent foster care adolescents, as defined
17in 42 USC 1396d (w) (1)
.
SB55-ASA1, s. 1053 18Section 1053. 51.42 (3) (ar) 4p. of the statutes is created to read:
SB55-ASA1,657,2219 51.42 (3) (ar) 4p. If state, federal, and county funding for mental health services
20provided under subd. 4. are insufficient to meet the needs of all eligible individuals,
21ensure that first priority for services is given to independent foster care adolescents,
22as defined in 42 USC 1396d (w) (1).
SB55-ASA1, s. 1054 23Section 1054. 51.42 (3) (as) 1. of the statutes is amended to read:
SB55-ASA1,658,2424 51.42 (3) (as) 1. A county department of community programs shall authorize
25all care of any patient in a state, local or private facility under a contractual

1agreement between the county department of community programs and the facility,
2unless the county department of community programs governs the facility. The need
3for inpatient care shall be determined by the program director or designee in
4consultation with and upon the recommendation of a licensed physician trained in
5psychiatry and employed by the county department of community programs or its
6contract agency. In cases of emergency, a facility under contract with any county
7department of community programs shall charge the county department of
8community programs having jurisdiction in the county where the patient is found.
9The county department of community programs shall reimburse the facility for the
10actual cost of all authorized care and services less applicable collections under s.
1146.036, unless the department of health and family services determines that a
12charge is administratively infeasible, or unless the department of health and family
13services, after individual review, determines that the charge is not attributable to the
14cost of basic care and services. A Except as provided in subd. 1m., a county
15department of community programs may not reimburse any state institution or
16receive credit for collections for care received therein by nonresidents of this state,
17interstate compact clients, transfers under s. 51.35 (3), and transfers from Wisconsin
18state prisons under s. 51.37 (5) (a), commitments under s. 975.01, 1977 stats., or s.
19975.02, 1977 stats., or s. 971.14, 971.17 or 975.06 or admissions under s. 975.17, 1977
20stats., or children placed in the guardianship of the department of health and family
21services under s. 48.427 or 48.43 or under the supervision of the department of
22corrections under s. 938.183 or 938.355. The exclusionary provisions of s. 46.03 (18)
23do not apply to direct and indirect costs which are attributable to care and treatment
24of the client.
SB55-ASA1, s. 1055 25Section 1055. 51.42 (3) (as) 1m. of the statutes is created to read:
SB55-ASA1,659,7
151.42 (3) (as) 1m. A county department of community programs shall
2reimburse a mental health institute at the institute's daily rate for custody of any
3person who is ordered by a court located in that county to be examined at the mental
4health institute under s. 971.14 (2) for all days that the person remains in custody
5at the mental health institute, beginning 48 hours, not including Saturdays,
6Sundays, and legal holidays, after the sheriff and county department receive notice
7under s. 971.14 (2) (d) that the examination has been completed.
SB55-ASA1, s. 1971p 8Section 1971p. 51.423 (1) of the statutes is amended to read:
SB55-ASA1,659,199 51.423 (1) The department shall fund, within the limits of the department's
10allocation for mental health services under s. 20.435 (3) (o) and (7) (b), (kw) and (o)
11and subject to this section, services for mental illness, developmental disability,
12alcoholism, and drug abuse to meet standards of service quality and accessibility.
13The department's primary responsibility is to guarantee that county departments
14established under either s. 51.42 or 51.437 receive a reasonably uniform minimum
15level of funding and its secondary responsibility is to fund programs which meet
16exceptional community needs or provide specialized or innovative services. Moneys
17appropriated under s. 20.435 (7) (b) and earmarked by the department for mental
18health services under s. 20.435 (7) (o) shall be allocated by the department to county
19departments under s. 51.42 or 51.437 in the manner set forth in this section.
SB55-ASA1, s. 1971r 20Section 1971r. 51.423 (2) of the statutes is amended to read:
SB55-ASA1,660,1321 51.423 (2) From the appropriations under s. 20.435 (3) (o) and (7) (b), (kw) and
22(o), the department shall distribute the funding for services provided or purchased
23by county departments under s. 46.23, 51.42, or 51.437 to such county departments
24as provided under s. 46.40. County matching funds are required for the distributions
25under s. 46.40 (2) and (9) (b). Each county's required match for the distributions

1under s. 46.40 (2) for a year equals 9.89% of the total of the county's distributions
2under s. 46.40 (2) for that year for which matching funds are required plus the
3amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile
4delinquency-related services from its distribution for 1987. Each county's required
5match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that
6county's amounts described in s. 46.40 (9) (a) (intro.) for that year. Matching funds
7may be from county tax levies, federal and state revenue sharing funds , or private
8donations to the counties that meet the requirements specified in sub. (5). Private
9donations may not exceed 25% of the total county match. If the county match is less
10than the amount required to generate the full amount of state and federal funds
11distributed for this period, the decrease in the amount of state and federal funds
12equals the difference between the required and the actual amount of county
13matching funds.
SB55-ASA1, s. 1056 14Section 1056. 51.437 (4rm) (c) 2m. of the statutes is amended to read:
SB55-ASA1,660,1815 51.437 (4rm) (c) 2m. Bill the county department of developmental disabilities
16services for services provided under s. 51.06 (1) (1m) (d) to individuals who are
17eligible for medical assistance that are not provided by the federal government, using
18the procedure established under subd. 1.
SB55-ASA1, s. 1057 19Section 1057. 51.437 (14) (i) of the statutes is repealed.
SB55-ASA1, s. 1974m 20Section 1974m. 51.437 (14p) of the statutes is repealed.
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