Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,273,19 891. Page 562, line 15: after that line insert:

SB55-SSA1-CA1,273,20 " Section 1489m. 46.041 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,274,4 46.041 (1) (a) Provide for the temporary residence and evaluation of children referred from courts assigned to exercise jurisdiction under chs. 48 and 938, the institutions and services under the jurisdiction of the department, University of Wisconsin Hospitals and Clinics Authority, county departments under s. 46.215, 46.22 or 46.23, private child welfare agencies, the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing, the Wisconsin Center for the Blind and Visually Impaired, and mental health facilities within the state at the discretion of the director of the institution providing services under this section.".

SB55-SSA1-CA1,274,5 892. Page 565, line 4: after that line insert:

SB55-SSA1-CA1,274,6 " Section 1502L. 46.27 (3) (f) of the statutes is amended to read:

SB55-SSA1-CA1,274,12 46.27 (3) (f) Beginning on January 1, 1996, from the annual allocation to the county for the provision of long-term community support services under subs. (7) (b) and (11), annually establish a maximum total amount that may be encumbered in a calendar year for services for eligible individuals in community-based residential facilities, unless the department waives the requirement under sub (2) (i) or approves a request for an exception under sub. (6r) (c).

SB55-SSA1-CA1, s. 1502n Section 1502n. 46.27 (7) (cm) 1. (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,274,17 46.27 (7) (cm) 1. (intro.) Except as provided sub. (7b), beginning 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 20 beds, unless one of the following applies:

SB55-SSA1-CA1, s. 1502p Section 1502p. 46.27 (7) (cm) 1. c. of the statutes is amended to read:

SB55-SSA1-CA1,274,22 46.27 (7) (cm) 1. c. The department approves the provision of services in a community-based residential facility that is initially licensed after July 29, 1995, that is licensed for more than 20 or fewer beds and that meets standards established under subd. 2.

SB55-SSA1-CA1, s. 1502r Section 1502r. 46.27 (7b) of the statutes is repealed.".

SB55-SSA1-CA1,274,24 893. Page 565, line 20: after that line insert:

SB55-SSA1-CA1,275,1 " Section 1504r. 46.27 (11) (c) 5p. of the statutes is repealed.".

SB55-SSA1-CA1,275,2 894. Page 565, line 21: delete lines 21 to 24 and substitute:

SB55-SSA1-CA1,275,4 " Section 1505b. 46.27 (11) (c) 6. (intro.) and a. of the statutes are consolidated, renumbered 46.27 (11) (c) 6. a. and amended to read:

SB55-SSA1-CA1,275,10 46.27 (11) (c) 6. a. No county, private nonprofit agency or aging unit may use funds received under this subsection to provide residential services in any community-based residential facility, as defined in s. 50.01 (1g), or a group home, as defined in s. 48.02 (7), that has more than 4 5 beds, unless one of the following applies: a. The the department approves the provision of services in a community-based residential facility or group home that has 5 6 to 8 beds.

SB55-SSA1-CA1, s. 1505d Section 1505d. 46.27 (11) (c) 6. b. of the statutes is repealed and recreated to read:

SB55-SSA1-CA1,275,16 46.27 (11) (c) 6. b. No county, private nonprofit agency, or aging unit may use funds received under this subsection to provide residential services in a community-based residential facility, as defined in s. 50.01 (1g), that has more than 20 beds, unless the requirements of sub. (7) (cm) 1. a., b., or c. are met.".

SB55-SSA1-CA1,275,17 895. Page 566, line 14: after that line insert:

SB55-SSA1-CA1,275,18 " Section 1507s. 46.277 (5) (d) 1m. (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,275,22 46.277 (5) (d) 1m. (intro.) No county may use funds received under this section to provide services to a person who does not live in his or her own home or apartment unless, subject to the limitations under subds. 2. and , 3., and 4. and par. (e), one of the following applies:

SB55-SSA1-CA1, s. 1507t Section 1507t. 46.277 (5) (d) 1n. (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,276,6 46.277 (5) (d) 1n. (intro.) A county may also use funds received under this section, subject to the limitations under subds. 2. and , 3., and 4. and par. (e), to provide services to a person who does not live in his or her own home or apartment if the services are provided to the person in a community-based residential facility and the county department or aging unit has determined that all of the following conditions have been met:

SB55-SSA1-CA1, s. 1507u Section 1507u. 46.277 (5) (d) 2. (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,276,11 46.277 (5) (d) 2. (intro.) No county may use funds received under this section to provide residential services in any community-based residential facility, as defined in s. 50.01 (1g), or group home, as defined in s. 48.02 (7), that has more than 4 beds, unless one of the following applies:".

SB55-SSA1-CA1,276,12 896. Page 566, line 15: delete lines 15 to 18 and substitute:

SB55-SSA1-CA1,276,14 " Section 1508b. 46.277 (5) (d) 2. a. of the statutes is repealed and recreated to read:

SB55-SSA1-CA1,276,15 46.277 (5) (d) 2. a. The requirements of s. 46.27 (7) (cm) 1. a. or c. are met.

SB55-SSA1-CA1, s. 1508d Section 1508d. 46.277 (5) (d) 4. of the statutes is created to read:

SB55-SSA1-CA1,276,20 46.277 (5) (d) 4. No county may use funds received under this section to provide residential services in a group home, as defined in s. 48.02 (7), that has more than 5 beds, unless the department approves the provision of services in a group home that has 6 to 8 beds.".

SB55-SSA1-CA1,276,21 897. Page 566, line 19: before that line insert:

SB55-SSA1-CA1,276,22 " Section 1508rg. 46.278 (title) and (1) of the statutes are amended to read:

SB55-SSA1-CA1,276,24 46.278 (title) Community integration program and brain injury waiver program for persons with mental retardation developmental disabilities.

SB55-SSA1-CA1,277,12 (1) Legislative intent. The intent of the program programs under this section is to provide home or community-based care to serve in a noninstitutional community setting a person who meets eligibility requirements under 42 USC 1396n (c) and who is diagnosed as developmentally disabled under the definition specified in s. 51.01 (5) and relocated from an institution other than a state center for the developmentally disabled or who meets the intermediate care facility for the mentally retarded or a brain injury rehabilitation facility level of care requirements for medical assistance reimbursement in an intermediate care facility for the mentally retarded or brain injury rehabilitation facility and is ineligible for services under s. 46.275 or 46.277. The intent of the program is also that counties use all existing services for providing care under this section, including those services currently provided by counties.

SB55-SSA1-CA1, s. 1508rh Section 1508rh. 46.278 (1m) (a) of the statutes is created to read:

SB55-SSA1-CA1,277,16 46.278 (1m) (a) "Brain injury rehabilitation facility" means a nursing facility or hospital designated as a facility for brain injury rehabilitation by the department under the approved state medicaid plan.

SB55-SSA1-CA1, s. 1508ri Section 1508ri. 46.278 (1m) (c) of the statutes is amended to read:

SB55-SSA1-CA1,277,20 46.278 (1m) (c) "Program" means the community integration program or the brain injury waiver program, for facilities certified as medical assistance providers, for which a waiver has been received under sub. (3).

SB55-SSA1-CA1, s. 1508rj Section 1508rj. 46.278 (2) (a) of the statutes is amended to read:

SB55-SSA1-CA1,278,4 46.278 (2) (a) The department may request a waiver one or more waivers from the secretary of the federal department of health and human services, under 42 USC 1396n (c), authorizing the department to serve medical assistance recipients, who meet the level of care requirements for medical assistance reimbursement in an intermediate care facility for the mentally retarded or in a brain injury rehabilitation facility, in their communities by providing home or community-based services as part of medical assistance. If the department requests a waiver, it shall include all assurances required under 42 USC 1396n (c) (2) in its request.

SB55-SSA1-CA1, s. 1508rk Section 1508rk. 46.278 (3) (a) of the statutes is amended to read:

SB55-SSA1-CA1,278,8 46.278 (3) (a) Evaluate the effect of the each program on medical assistance costs and on the program's ability to provide community care alternatives to institutional care in facilities certified as medical assistance providers.

SB55-SSA1-CA1, s. 1508rL Section 1508rL. 46.278 (4) (a) of the statutes is amended to read:

SB55-SSA1-CA1,278,16 46.278 (4) (a) Sections 46.27 (3) (b) and 46.275 (3) (a) and (c) to (e) apply to county participation in this a program, except that services provided in the program shall substitute for care provided a person in an intermediate care facility for the mentally retarded or brain injury rehabilitation facility who meets the intermediate care facility for the mentally retarded or brain injury rehabilitation facility level of care requirements for medical assistance reimbursement to that facility rather than for care provided at a state center for the developmentally disabled.

SB55-SSA1-CA1, s. 1508rm Section 1508rm. 46.278 (4) (b) 2. of the statutes is amended to read:

SB55-SSA1-CA1,278,22 46.278 (4) (b) 2. Each county department participating in the a program shall provide home or community-based care to persons eligible under this section, except that the number of persons who receive home or community-based care under this section may not exceed the number that are approved under the an applicable waiver received under sub. (3).

SB55-SSA1-CA1, s. 1508rn Section 1508rn. 46.278 (5) (a) and (b) of the statutes are amended to read:

SB55-SSA1-CA1,279,8 46.278 (5) (a) Any medical assistance recipient who meets the level of care requirements for medical assistance reimbursement in an intermediate care facility for the mentally retarded or in a brain injury rehabilitation facility and is ineligible for service under s. 46.275 or 46.277 is eligible to participate in the a program, except that persons eligible for the brain injury waiver program must meet the definition of brain injury under s. 51.01 (2g), and except that the number of participants may not exceed the number approved under the waiver received under sub. (3). Such a recipient may apply, or any person may apply on behalf of such a recipient, for participation in the a program. Section 46.275 (4) (b) applies to participation in the a program.

SB55-SSA1-CA1,279,16 (b) To the extent authorized under 42 USC 1396n, if a person discontinues participation in the a program, a medical assistance recipient may participate in the a program in place of the participant who discontinues if that recipient meets the intermediate care facility for the mentally retarded level of care requirements for medical assistance reimbursement in an intermediate care facility for the mentally retarded except that the number of participants concurrently served may not exceed the number approved under the waiver received under sub. (3) requirements under par. (a).

SB55-SSA1-CA1, s. 1508rp Section 1508rp. 46.278 (6) (a), (b) and (c) of the statutes are amended to read:

SB55-SSA1-CA1,279,19 46.278 (6) (a) The provisions of s. 46.275 (5) (a), (b) and (d) apply to funding received by counties under the program programs.

SB55-SSA1-CA1,279,21 (b) Total funding to counties for relocating each person under the a program may not exceed the amount approved in the waiver received under sub. (3).

SB55-SSA1-CA1,279,23 (c) Funding may be provided under the a program for services of a family consortium.".

SB55-SSA1-CA1,279,24 898. Page 566, line 21: delete "the waiver" and substitute "the a waiver".

SB55-SSA1-CA1,280,1 899. Page 566, line 25: after that line insert:

SB55-SSA1-CA1,280,2 " Section 1509g. 46.278 (6) (e) 1. of the statutes is amended to read:

SB55-SSA1-CA1,280,5 46.278 (6) (e) 1. The department may provide enhanced reimbursement for services under the community integration program for an individual who was relocated to the community by a county department from one of the following:

SB55-SSA1-CA1, s. 1509h Section 1509h. 46.278 (6) (f) of the statutes is amended to read:

SB55-SSA1-CA1,280,11 46.278 (6) (f) If a county owns the institution or intermediate care facility for the mentally retarded from which an individual is relocated to the community under this section, in order to receive funding under the community integration program, the county shall submit a plan for delicensing a bed of the institution or intermediate care facility for the mentally retarded that is approved by the department.".

SB55-SSA1-CA1,280,12 900. Page 571, line 2: after that line insert:

SB55-SSA1-CA1,280,14 " Section 1557b. 46.45 (2) (a) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB55-SSA1-CA1,281,9 46.45 (2) (a) If on December 31 of any year there remains unspent or unencumbered in the allocation under s. 46.40 (2) an amount that exceeds the amount received under 42 USC 670 to 679a and allocated under s. 46.40 (2) in that year, the department shall carry forward the excess moneys and distribute not less than 50% of the excess moneys to counties having a population of less than 500,000 that are making a good faith effort, as determined by the department, to comply with s. 46.22 (1) (c) 8. f. for services and projects to assist children and families, notwithstanding the percentage limit specified in sub. (3) (a). A county shall use not less than 50% of the moneys distributed to the county under this subsection for services for children who are at risk of abuse or neglect to prevent the need for child abuse and neglect intervention services, except that in the calendar year in which a county achieves compliance with s. 46.22 (1) (c) 8. f. and in the 2 calendar years after that calendar year the county may use 100% of the moneys distributed under this paragraph to reimburse the department for the costs of achieving that compliance. If a county does not comply with s. 46.22 (1) (c) 8. f. before July 1, 2005, the department may recover any amounts distributed to that county under this paragraph after June 30, 2001, by billing the county or deducting from that county's allocation under s. 46.40 (2). All moneys received by the department under this paragraph shall be credited to the appropriation account under s. 20.435 (3) (j).".

SB55-SSA1-CA1,281,10 901. Page 571, line 2: after that line insert:

SB55-SSA1-CA1,281,11 " Section 1556d. 46.40 (9) (a) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,281,20 46.40 (9) (a) Transfer to family care program and adult protective services allocation. (intro.) If a care management organization under s. 46.285 46.284 is available in a county, the department may dispose of the amount allocated under sub. (8) to that county and not more than 21.3% of the amount allocated under sub. (2) to that county as follows; and, of the amount allocated under sub. (8), may dispose of the lesser of up to 60% or the amount remaining after subtracting an amount necessary to maintain funding for recipients under sub. (8) who, on the effective date of this paragraph .... [revisor inserts date], are ineligible for the family care benefit under s. 46.286, to that county, as follows:".

SB55-SSA1-CA1,281,21 902. Page 571, line 3: delete lines 3 to 10 and substitute:

SB55-SSA1-CA1,281,22 " Section 1557jd. 46.46 (1) of the statutes is amended to read:

SB55-SSA1-CA1,282,5 46.46 (1) From the appropriation account under s. 20.435 (8) (mb), the department shall support costs that are exclusively related to the operational costs of augmenting itself perform activities to augment the amount of moneys received under 42 USC 670 to 679a, 42 USC 1395 to 1395ddd and 42 USC 1396 to 1396v. In addition, the department may expend moneys from the appropriation account under s. 20.435 (8) (mb) as provided in sub. (2). The department may not contract with any person to perform those augmentation activities.".

SB55-SSA1-CA1,282,6 903. Page 571, line 10: after that line insert:

SB55-SSA1-CA1,282,7 " Section 1557jg. 46.46 (1m) of the statutes is created to read:

SB55-SSA1-CA1,282,15 46.46 (1m) In addition to expending moneys from the appropriation account under s. 20.435 (8) (mb) for the augmentation activities specified in sub. (1), the department may expend moneys received under 42 USC 1396 to 1396v in reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under 42 USC 670 to 679a and credited to the appropriation account under s. 20.435 (8) (mb) to support the counties' share of implementing the statewide automated child welfare information system under s. 46.22 (1) (c) 8. f.".

SB55-SSA1-CA1,282,16 904. Page 571, line 11: after that line insert:

SB55-SSA1-CA1,282,17 " Section 1557v. 46.48 (6) of the statutes is amended to read:

SB55-SSA1-CA1,282,24 46.48 (6) Career youth development center. The department shall distribute $80,000 $110,000 in each fiscal year to the career youth development center in the city of Milwaukee. Of those amounts, $80,000 shall be distributed in each fiscal year for the operation of a minority youth substance abuse treatment program and $30,000 shall be distributed in each fiscal year for drug prevention and intervention programs for middle school and high school athletes in the Milwaukee public schools system.".

SB55-SSA1-CA1,283,2 905. Page 571, line 13: delete the material beginning with that line and ending with page 572, line 3.

SB55-SSA1-CA1,283,5 906. Page 573, line 14: after "and." insert "A grant recipient under this section may include only a nonprofit, tax-exempt corporation, as defined in s. 49.134 (1) (c), or a county.".

SB55-SSA1-CA1,283,6 907. Page 574, line 4: after that line insert:

SB55-SSA1-CA1,283,7 " Section 1563d. 46.56 (3) (b) 6. of the statutes is amended to read:

SB55-SSA1-CA1,283,10 46.56 (3) (b) 6. Representatives of the county health department, as defined in s. 251.01 (2) established under s. 251.02 (1) or city-county health department established under s. 251.02 (1m).".

SB55-SSA1-CA1,283,11 908. Page 574, line 4: after that line insert:

SB55-SSA1-CA1,283,12 " Section 1568c. 46.766 of the statutes is created to read:

SB55-SSA1-CA1,283,13 46.766 Food pantry grants. (1) In this section:

SB55-SSA1-CA1,283,15 (a) "Nonprofit organization" means an organization described in section 501 (c) of the Internal Revenue Code.

SB55-SSA1-CA1,283,18 (b) "Rural" means outside a metropolitan statistical area specified under 42 CFR 412.62 (ii) (A) or within a metropolitan statistical area but isolated from an urban center.

SB55-SSA1-CA1,283,22 (2) (a) From the appropriation under s. 20.435 (3) (fp), the department shall provide annual grants to food pantries that meet the eligibility requirements under sub. (4). The amount of each grant awarded to a food pantry shall be in proportion to the number of persons served by the food pantry.

SB55-SSA1-CA1,284,5 (b) The department shall allocate 25% of the amounts appropriated under s. 20.435 (3) (fp) for grants to rural food pantries. The department shall allocate the remainder of the amounts available for grants under s. 20.435 (3) (fp) for grants to all food pantries. If, after awarding the grants to rural food pantries, any of the moneys remain unallocated, the department shall distribute the unallocated amounts for grants to all food pantries in proportion to the number of persons served by those food pantries.

SB55-SSA1-CA1,284,7 (c) The total amount of all grants awarded annually to each food pantry under this section may not exceed $15,000.

SB55-SSA1-CA1,284,9 (3) Grants awarded under this section may be used for any of the following purposes:

SB55-SSA1-CA1,284,11 (a) The purchase, storage, transportation, coordination, or distribution of food to needy households.