2003 Wisconsin Act 33

33,1089g Section 1089g. 45.25 (3) (am) of the statutes is repealed and recreated to read:

45.25 (3) (am) Any individual who is eligible to receive reimbursement under par. (a) and received reimbursement under par. (a) or s. 45.25 (3) (am), 2001 stats., before the effective date of this paragraph .... [revisor inserts date], shall be reimbursed an amount not to exceed the amount determined under par. (a) or the amount determined under s. 45.25 (3) (a) or (am), 2001 stats., whichever is greater.

33,1089j Section 1089j. 45.25 (3) (b) (intro.) of the statutes is amended to read:

45.25 (3) (b) (intro.) An application for reimbursement of tuition and fees under par. (a) or (am) shall meet all of the following requirements:

33,1089m Section 1089m. 45.35 (14) (h) of the statutes is amended to read:

45.35 (14) (h) To provide grants to the governing bodies of federally recognized American Indian tribes and bands from the appropriation under s. 20.485 (2) (km) (vz) if that governing body enters into an agreement with the department regarding the creation, goals and objectives of a tribal veterans' service officer, appoints a veteran to act as a tribal veterans' service officer and gives that veteran duties similar to the duties described in s. 45.43 (5), except that the veteran shall report to the governing body of the tribe or band. The department may make annual grants of up to $2,500 under this paragraph and shall promulgate rules to implement this paragraph.

33,1090 Section 1090. 45.365 (7) of the statutes is created to read:

45.365 (7) The department may develop a program to provide stipends to individuals to attend school and receive the necessary credentials to become employed at the home or the southeastern facility. If the department does develop a stipend program under this subsection, the department shall promulgate administrative rules related to the program, including the application process, eligibility criteria, stipend amount, repayment provisions, and other provisions that the department determines are necessary to administer the program.

33,1091 Section 1091. 45.37 (11) of the statutes is amended to read:

45.37 (11) Disposition of property descending to state. If a member dies without a relative that is entitled to an interest in the property of the member under the rules of intestate succession and without leaving a will the existence of which is made known to the commandant of the home within 60 days of the member's death, the member's property shall be converted to cash and turned over by the commandant of the home to the state treasurer secretary of administration to be paid into the appropriation under s. 20.485 (1) (h), without administration. The amount is subject to refund within 6 years to the estate of a veteran if it is subsequently discovered that the veteran left a will or a relative that is entitled to an interest in the property of the member under the rules of intestate succession or to any creditor of the veteran who establishes right to the fund or property or any portion thereof. The department, upon being satisfied that a claim out of such funds or property is legal and valid, shall pay the same out of such funds or property, except that payment of claims for a member's funeral and burial expenses may not exceed a total of $1,500 including any amount allowed by the United States for the member's funeral and burial and the right for burial and interment provided in sub. (15) (a).

33,1092 Section 1092. 45.37 (15) (c) of the statutes is amended to read:

45.37 (15) (c) Expenses incident to the burial at the home of a member shall be paid from the estate of the decedent, except that if there is no estate or the estate is insufficient, the expense of burial, or necessary part thereof, shall be paid from the appropriation under s. 20.485 (1) (gk) and the amount expended therefor shall not exceed the amount established for funeral and burial expenses under s. 49.30 49.785 (1) (b).

33,1092g Section 1092g. 45.396 (1) (c) of the statutes is created to read:

45.396 (1) (c) "Tuition" has the meaning given in s. 45.25 (1g).

33,1092m Section 1092m. 45.396 (4) of the statutes is amended to read:

45.396 (4) Enrolled part-time classroom study or direct correspondence courses from a qualified educational institution may be authorized and the veteran reimbursed in part by the department when such courses are related to one's occupational, professional or employment objectives, and to the extent that payment or reimbursement is not available from any other sources, or, in cases where reimbursement is not specifically for fees and tuition, to the extent that such reimbursement is insufficient to cover all educational costs.

33,1092p Section 1092p. 45.396 (5) of the statutes is renumbered 45.396 (5) (a) and amended to read:

45.396 (5) (a) Except as provided in sub. (9) par. (b), the amount of the reimbursement may not exceed 85% of the total cost of the individual's tuition and fees or 85% of the standard cost for a state resident for tuition and fees for an equivalent undergraduate course at the University of Wisconsin-Madison per course, whichever is less, and may not be provided to an individual more than 4 times during any consecutive 12-month period.

33,1092q Section 1092q. 45.396 (5) (b) of the statutes is created to read:

45.396 (5) (b) Any individual who is eligible to receive reimbursement under par. (a) and received reimbursement under par. (a) before the effective date of this paragraph .... [revisor inserts date], shall be reimbursed an amount not to exceed the amount determined under par. (a) or the amount determined under s. 45.396 (5) (a) , 2001 stats., whichever is greater.

33,1092r Section 1092r. 45.396 (9) of the statutes is repealed.

33,1093 Section 1093. 45.43 (7) (b) of the statutes is amended to read:

45.43 (7) (b) The department shall award a grant annually to a county that meets the standards developed under this subsection and employs a county veterans' service officer who, if chosen after August 9, 1989, is chosen from a list of candidates who have taken a civil service examination for the position of county veterans' service officer developed and administered by the division of merit recruitment and selection in the department of employment relations office of state human resources management, or is appointed under a civil service competitive examination procedure under ch. 63 or s. 59.52 (8). The grant shall be $8,500 for a county with a population of less than 20,000, $10,000 for a county with a population of 20,000 to 45,499, $11,500 for a county with a population of 45,500 to 74,999, and $13,000 for a county with a population of 75,000 or more. The department shall use the most recent Wisconsin official population estimates prepared by the demographic services center when making grants under this paragraph.

33,1094 Section 1094. 45.54 (10) (a) of the statutes is amended to read:

45.54 (10) (a) Authority. All proprietary schools shall be examined and approved by the board before operating in this state. Approval shall be granted to schools meeting the criteria established by the board for a period not to exceed one year. No school may advertise in this state unless approved by the board. All approved schools shall submit quarterly reports, including information on enrollment, number of teachers and their qualifications, course offerings, number of graduates, number of graduates successfully employed, and such other information as the board deems necessary. If a school closure results in losses to students, parents, or sponsors, the board may authorize the full or partial payment of those losses from the appropriation under s. 20.485 (5) (gm).

33,1095 Section 1095. 45.54 (10) (c) 4. of the statutes is created to read:

45.54 (10) (c) 4. Specify a student protection fee.

33,1095m Section 1095m. 45.54 (10) (cm) of the statutes is created to read:

45.54 (10) (cm) Limit on student protection fee. The board shall discontinue collecting annual student protection fees under par. (c) 4. during the period that the balance in the fund created by those fees exceeds $1,000,000.

33,1096 Section 1096. 46.03 (7) (h) of the statutes is created to read:

46.03 (7) (h) Contract for the provision of a centralized unit for determining whether the cost of providing care for a child is eligible for reimbursement under 42 USC 670 to 679a.

33,1098d Section 1098d. 46.057 (2) of the statutes is amended to read:

46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $1,379,300 in fiscal year 2001-02 2003-04 and $1,379,300 in fiscal year 2002-03 2004-05 and, from the appropriation account under s. 20.410 (3) (hm), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $2,489,300 in fiscal year 1999-2000 and $2,489,900 in fiscal year 2000-01 $2,086,700 in fiscal year 2003-04 and $2,155,600 in fiscal year 2004-05 for services for juveniles placed at the Mendota juvenile treatment center. The department of health and family services may charge the department of corrections not more than the actual cost of providing those services.

33,1100g Section 1100g. 46.10 (16) of the statutes is amended to read:

46.10 (16) The department shall delegate to county departments under ss. 51.42 and 51.437 or the local providers of care and services meeting the standards established by the department under s. 46.036, the responsibilities vested in the department under this section for collection of patient fees for services other than those provided at state facilities or those provided to children that are reimbursed under a waiver under s. 46.27 (11), 46.275, or 46.278 or a waiver requested under 2001 Wisconsin Act 16, section 9123 (16rs), or 2003 Wisconsin Act .... (this act), section 9124 (8c), if such the county departments or providers meet the conditions deemed that the department determines are appropriate by the department. The department may delegate to county departments under ss. 51.42 and 51.437 the responsibilities vested in the department under this section for collection of patient fees for services provided at the state facilities if the necessary conditions are met.

33,1101 Section 1101. 46.215 (1) (n) of the statutes is amended to read:

46.215 (1) (n) To collect and transmit information to the department of administration so that a federal energy assistance payment may be made to an eligible household; to collect and transmit information to the department of administration so that weatherization services may be made available to an eligible household; to receive applications from individuals seeking low-income energy assistance under s. 16.385 16.27 (4) or weatherization services under s. 16.39 16.26; to provide information on the income eligibility for weatherization of a recipient of low-income energy assistance to an entity with which the department of administration contracts for provision of weatherization under s. 16.39 16.26; and to receive a request, determine a correct payment amount, if any, and provide payment, if any, for emergency assistance under s. 16.385 16.27 (8).

33,1102 Section 1102. 46.22 (1) (b) 4m. c. of the statutes is amended to read:

46.22 (1) (b) 4m. c. To receive applications from individuals seeking low-income energy assistance under s. 16.385 16.27 (4) or weatherization services under s. 16.39 16.26.

33,1103 Section 1103. 46.22 (1) (b) 4m. d. of the statutes is amended to read:

46.22 (1) (b) 4m. d. To provide information on the income eligibility for weatherization of a recipient of low-income energy assistance to an entity with which the department of administration contracts for provision of weatherization under s. 16.39 16.26.

33,1104 Section 1104. 46.22 (1) (b) 4m. e. of the statutes is amended to read:

46.22 (1) (b) 4m. e. To receive a request, determine a correct payment amount, if any, and provide payment, if any, for emergency assistance under s. 16.385 16.27 (8).

33,1104m Section 1104m. 46.22 (1) (c) 8. f. of the statutes is amended to read:

46.22 (1) (c) 8. f. Before July 1, 2005, the county department of social services shall implement the statewide automated child welfare information system established by the department under s. 46.03 (7) (g). After that system has been implemented in a county, the department shall require that county to support 50% of the nonfederal portion of the ongoing cost of that system. All moneys received by the department under this subd. 8. f. shall be credited to the appropriation account under s. 20.435 (3) (j).

33,1105 Section 1105. 46.22 (1) (d) of the statutes is amended to read:

46.22 (1) (d) Merit system; records. The county department of social services is subject to s. 49.33 49.78 (4) to (7). The county department of social services and all county officers and employees performing any duties in connection with the administration of aid to families with dependent children shall observe all rules promulgated by the department of workforce development under s. 49.33 49.78 (4) and shall keep records and furnish reports as the department of workforce development requires in relation to their performance of such duties.

33,1106 Section 1106. 46.22 (2) (b) of the statutes is amended to read:

46.22 (2) (b) Appoint the county social services director under sub. (3) subject to s. 49.33 49.78 (4) to (7) and the rules promulgated thereunder and subject to the approval of the county board of supervisors in a county with a single-county department of social services or the county boards of supervisors in counties with a multicounty department of social services.

33,1107 Section 1107. 46.22 (3m) (a) of the statutes is amended to read:

46.22 (3m) (a) In any county with a county executive or a county administrator which that has established a single-county department of social services, the county executive or county administrator, subject to s. 49.33 49.78 (4) to (7) and the rules promulgated thereunder, shall appoint and supervise the county social services director. The appointment is subject to the confirmation of the county board of supervisors unless the county board of supervisors, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63.

33,1108 Section 1108. 46.27 (7) (am) of the statutes is amended to read:

46.27 (7) (am) From the appropriation under s. 20.435 (7) (bd), the department shall allocate funds to each county or private nonprofit agency with which the department contracts to pay assessment and case plan costs under sub. (6) not otherwise paid by fee or under s. 49.33 (2) or 49.45 or 49.78 (2). The department shall reimburse counties for the cost of assessing persons eligible for medical assistance under s. 49.46, 49.468, or 49.47 as part of the administrative services of medical assistance, payable under s. 49.45 (3) (a). Counties may use unspent funds allocated under this paragraph to pay the cost of long-term community support services and for a risk reserve under par. (fr).

33,1109 Section 1109. 46.27 (7) (fm) of the statutes is amended to read:

46.27 (7) (fm) The department shall, at the request of a county, carry forward up to 10% 5% of the amount allocated under this subsection to the county for a calendar year if up to 10% 5% of the amount so allocated has not been spent or encumbered by the county by December 31 of that year, for use by the county in the following calendar year, except that the amount carried forward shall be reduced by the amount of funds that the county has notified the department that the county wishes to place in a risk reserve under par. (fr). The department may transfer funds within s. 20.435 (7) (bd) to accomplish this purpose. An allocation under this paragraph does not affect a county's base allocation under this subsection and shall lapse to the general fund unless expended within the calendar year to which the funds are carried forward. A county may not expend funds carried forward under this paragraph for administrative or staff costs, except administrative or staff costs that are associated with implementation of the waiver under sub. (11) and approved by the department.

33,1111 Section 1111. 46.27 (9) (a) of the statutes is amended to read:

46.27 (9) (a) The department may select up to 5 counties that volunteer to participate in a pilot project under which they will receive certain funds allocated for long-term care. The department shall allocate a level of funds to these counties equal to the amount that would otherwise be paid under s. 20.435 (4) (b), (gp), or (w) to nursing homes for providing care because of increased utilization of nursing home services, as estimated by the department. In estimating these levels, the department shall exclude any increased utilization of services provided by state centers for the developmentally disabled. The department shall calculate these amounts on a calendar year basis under sub. (10).

33,1112 Section 1112. 46.27 (10) (a) 1. of the statutes is amended to read:

46.27 (10) (a) 1. The department shall determine for each county participating in the pilot project under sub. (9) a funding level of state medical assistance expenditures to be received by the county. This level shall equal the amount that the department determines would otherwise be paid under s. 20.435 (4) (b), (gp), or (w) because of increased utilization of nursing home services, as estimated by the department.

33,1113 Section 1113. 46.275 (5) (a) of the statutes is amended to read:

46.275 (5) (a) Medical assistance Assistance reimbursement for services a county, or the department under sub. (3r), provides under this program is available from the appropriations appropriation accounts under s. 20.435 (4) (b), (gp), (hm), (o), and (w). If 2 or more counties jointly contract to provide services under this program and the department approves the contract, medical assistance Medical Assistance reimbursement is also available for services provided jointly by these counties.

33,1114 Section 1114. 46.275 (5) (c) of the statutes is amended to read:

46.275 (5) (c) The total allocation under s. 20.435 (4) (b), (gp), (hm), (o), and (w) to counties and to the department under sub. (3r) for services provided under this section may not exceed the amount approved by the federal department of health and human services. A county may use funds received under this section only to provide services to persons who meet the requirements under sub. (4) and may not use unexpended funds received under this section to serve other developmentally disabled persons residing in the county.

33,1115 Section 1115. 46.275 (5) (e) of the statutes is created to read:

46.275 (5) (e) From the appropriation under s. 20.435 (2) (gL), the department may provide moneys to a county to pay for one-time costs associated with the relocation under this section of an individual from a state center for the developmentally disabled.

33,1123 Section 1123. 46.277 (5) (g) of the statutes is created to read:

46.277 (5) (g) The department may provide enhanced reimbursement for services provided under this section to an individual who is relocated to the community from a nursing home by a county department on or after the effective date of this paragraph .... [revisor inserts date], if the nursing home bed that was used by the individual is delicensed upon relocation of the individual. The department shall develop and utilize a formula to determine the enhanced reimbursement rate.

33,1131 Section 1131. 46.278 (6) (f) of the statutes is repealed.

33,1132 Section 1132. 46.279 of the statutes is created to read:

46.279 Restrictions on placements and admissions to intermediate and nursing facilities. (1) Definitions. In this section:

(a) "Developmental disability" has the meaning given in s. 51.01 (5) (a).

(b) "Intermediate facility" means an intermediate care facility for the mentally retarded, as defined in 42 USC 1396d (d), other than a center for the developmentally disabled, as defined in s. 51.01 (3).

(bm) "Most integrated setting" means a setting that enables an individual to interact with persons without developmental disabilities to the fullest extent possible.

(c) "Nursing facility" has the meaning given under 42 USC 1369r (a).

(2) Placements and admissions to intermediate facilities. Except as provided in sub. (5), no person may place an individual with a developmental disability in an intermediate facility and no intermediate facility may admit such an individual unless, before the placement or admission and after having considered a plan developed under sub. (4), a court under s. 55.06 (9) (a) or (10) (a) 2. finds that placement in the intermediate facility is the most integrated setting that is appropriate to the needs of the individual, taking into account information presented by all affected parties. An intermediate facility to which an individual who has a developmental disability applies for admission shall, within 5 days after receiving the application, notify the county department that is participating in the program under s. 46.278 of the county of residence of the individual who is seeking admission concerning the application.

(3) Placements and admissions to nursing facilities. Except as provided in sub. (5), if the department or an entity determines from a screening under s. 49.45 (6c) (b) that an individual requires active treatment for developmental disability, no individual may be placed in a nursing facility, and no nursing facility may admit the individual, unless it is determined from the screening that the individual's need for care cannot fully be met in an intermediate facility or under a plan under sub. (4).

(4) Plan for home or community-based care. Except as provided in a contract specified in sub. (4m), a county department that participates in the program under s. 46.278 shall develop a plan for providing home or community-based care in a noninstitutional community setting to an individual who is a resident of that county, under any of the following circumstances:

(a) Within 120 days after any determination made under s. 49.45 (6c) (c) 3. that the level of care required by a resident that is provided by a facility could be provided in an intermediate facility or under a plan under this subsection.

(b) Within 120 days after receiving written notice under sub. (2) of an application.

(c) Within 120 days after a proposal is made under s. 55.06 (9) (a) to place the individual in an intermediate facility or a nursing facility.

(d) Within 120 days after receiving written notice under s. 55.06 (10) (a) 2. of the placement of the individual in a nursing facility or an intermediate facility.

(e) Within 90 days after extension of a temporary placement order by the court under s. 55.06 (11) (c).

(4m) Contract for plan development. The department shall contract with a public or private agency to develop a plan under sub. (4), and the county department is not required to develop such a plan, for an individual, as specified in the contract, to whom all of the following apply:

(a) The individual resides in a county with a population of less than 100,000 in which are located at least 2 intermediate facilities that have licenses issued to private nonprofit organizations that are exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

(b) Placement for the individual is in, or proposed to be in, an intermediate facility specified under par. (a) that has agreed to reduce its licensed bed capacity to an extent and according to a schedule acceptable to the facility and the department.

(5) Exceptions. Subsections (2) and (3) do not apply to an emergency placement under s. 55.06 (11) (a) or to a temporary placement under s. 55.06 (11) (c) or (12).

33,1133 Section 1133. 46.2805 (2) of the statutes is amended to read:

46.2805 (2) "Eligible person" means a person who meets all eligibility criteria under s. 46.286 (1) or (1m).

33,1134 Section 1134. 46.283 (5) of the statutes is amended to read: