885.38 (2) The supreme court shall establish the procedures and policies for the recruitment, training, and certification of persons to act as qualified interpreters in a court proceeding and for the fees imposed for the training and certification, and for the coordination, discipline, retention, and training of those interpreters. Any fees collected under this subsection shall be credited to the appropriation under s. 20.680 (2) (gc).
(End)
LRB-0115LRB-0115/1
GMM:cjs:skw
2003 - 2004 LEGISLATURE

DOA:......Blaine - BB0013, Required use of centralized IV-E unit
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Children
Under current law, the state receives federal foster care and adoption assistance funding under Title IV-E of the federal Social Security Act (generally referred to as "IV-E funds") in reimbursement of moneys spent by the state and the counties for activities relating to foster care and the adoption of children. DHFS distributes IV-E funds as community aids to counties for the provision of social services to children and families. If on December 31 of any year there remains unspent or unencumbered in the community aids basic county allocation an amount that exceeds the amount of IV-E funds allocated as community aids in that year (excess IV-E funds), DHFS must carry forward to the next year those excess IV-E funds and distribute not less than 50% of those excess IV-E funds to counties other than Milwaukee County that are making a good faith effort to implement the statewide automated child welfare information system (generally referred to as "WISACWIS") for services and projects to assist children and families. This bill requires DHFS to reduce by 50% the amount of excess IV-E funds distributed to a county if on December 31 of any year the county is not using a centralized unit contracted for by DHFS for determining whether the cost of providing care for a child is eligible for reimbursement with IV-E funds.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 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.

SECTION 2. 46.45 (2) (a) of the statutes is amended to read:

46.45 (2) (a) If Subject to par. (am), 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).

SECTION 3. 46.45 (2) (am) of the statutes is created to read:

46.45 (2) (am) If on December 31 of any year a county is not using the centralized unit contracted for under s. 46.03 (7) (h) for determining whether the cost of providing care for a child is eligible for reimbursement under 42 USC 670 to 679a, the department shall reduce that county's distribution under par. (a) by 50%.
(End)
LRB-0116LRB-0116/2
GMM:jld:pg
2003 - 2004 LEGISLATURE

DOA:......Fath - BB0014 Inclusion of federal MA funding in community aids
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Children
Under current law, certain federal revenues are appropriated to DHFS for distribution to counties, as community aids, for social, mental health, developmental disabilities, and alcohol and other drug abuse services. This bill appropriates for distribution to counties, as community aids, all federal Medical Assistance (MA) moneys received in reimbursement of the cost of preventing out-of-home placements of children. The bill also directs DHFS to use those moneys as the first source of moneys used to meet the amount of the community aids allocation that is budgeted from federal funds.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (7) (o) of the statutes is amended to read:

20.435 (7) (o) Federal aid; community aids. All federal moneys received in amounts pursuant to allocation plans developed by the department for the provision or purchase of services authorized under par. (b); all federal moneys received as child welfare funds under 42 USC 620 to 626 as limited under s. 48.985; all federal temporary assistance for needy families moneys received under 42 USC 601 to 619 that are authorized to be used to purchase or provide social services under 42 USC 1397 to 1397e; and all unanticipated federal social services block grant funds received under 42 USC 1397 to 1397e, in accordance with s. 46.49 (2); and all federal moneys received under 42 USC 1396 to 1396v in reimbursement of the cost of preventing out-of-home placements of children, for distribution under s. 46.40. Disbursements from this appropriation may be made directly to counties for social and mental hygiene services under s. 46.03 (20) (b) or 46.031 or directly to counties in accordance with federal requirements for the disbursal of federal funds.

SECTION 2. 46.40 (1) (d) of the statutes is created to read:

46.40 (1) (d) If the department receives any federal moneys under 42 USC 1396 to 1396v in reimbursement of the cost of preventing out-of-home placements of children, the department shall use those moneys as the first source of moneys used to meet the amount of the allocation under sub. (2) that is budgeted from federal funds.
(End)
LRB-0117LRB-0117/2
GMM:cjs:pg
2003 - 2004 LEGISLATURE

DOA:......Blaine - BB0015 Community aids funding
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL

AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Children
Under current law, DHFS distributes revenues received under Title IV-B of the federal Social Security Act to counties for the provision of child welfare projects and services, for services to children and families, for services to expectant mothers, and for family-based child welfare services. This bill sets the amount of those revenues that DHFS is required to distribute to counties for those purposes in each fiscal year.
Other health and human services
Under current law, DHFS distributes general purpose revenues and federal revenues, as community aids, to counties to provide social, mental health, developmental disabilities, and alcohol and other drug abuse services. DHFS must distribute community aids in the form of a basic county allocation, together with certain categorical allocations, including an allocation for family support programs for the families of children with disabilities. This bill sets the basic county allocation and the allocation for family support programs for each fiscal year.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 46.40 (2) of the statutes is amended to read:

46.40 (2) BASIC COUNTY ALLOCATION. Subject to sub. (9), for social services under s. 46.495 (1) (d) and services under s. 51.423 (2), the department shall distribute not more than $244,745,200 for fiscal year 2001-02 and $244,703,400 for fiscal year 2002-03 $242,078,700 in each fiscal year.

SECTION 2. 46.40 (7) of the statutes is amended to read:

46.40 (7) FAMILY SUPPORT ALLOCATION. For family support programs for the families of disabled children under s. 46.985, the department shall distribute not more than $4,589,800 in fiscal year 2001-02 and not more than $5,089,800 in fiscal year 2002-03 and in each fiscal year thereafter.

SECTION 3. 48.985 (2) of the statutes is amended to read:

48.985 (2) COMMUNITY SOCIAL AND MENTAL HYGIENE SERVICES. From the appropriation under s. 20.435 (7) (o), the department shall distribute not more than $3,964,400 $3,809,600 in each fiscal year of the moneys received under 42 USC 620 to 626 to county departments under ss. 46.215, 46.22, and 46.23 for the provision or purchase of child welfare projects and services, for services to children and families, for services to the expectant mothers of unborn children, and for family-based child welfare services.
(End)
LRB-0127LRB-0127/1
RLR&DAK:kjf&kmg:rs
2003 - 2004 LEGISLATURE

DOA:......Jablonsky - BB0020 DHFS funding for competency examinations of criminal defendants
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL

AN ACT ...; relating to: funding for competency outpatient mental examinations of criminal defendants that are conducted in jails or locked units.
Analysis by the Legislative Reference Bureau
health and human services
Other health and human services
Under current law, an appropriation of general purpose revenue in DHFS funds competency examinations of criminal defendants in Milwaukee County. Inpatient competency examinations of criminal defendants are funded under an appropriation of program revenue for mental health institutional operations and charges.
This bill eliminates general purpose revenue funding by DHFS of competency examinations of criminal defendants in Milwaukee County and, instead, limits the DHFS general purpose revenue funding for competency examinations of criminal defendants to those outpatient competency examinations that are for criminal defendants who are in jails or in locked units of facilities.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (2) (bj) of the statutes is amended to read:

20.435 (2) (bj) Competency examinations and conditional and supervised release services. Biennially, the amounts in the schedule for outpatient competency examinations in a county with a population of 500,000 or more, conducted in a jail or locked unit under s. 971.14 (2) (am) and for payment by the department of costs for treatment and services for persons released under s. 980.06 (2) (c), 1997 stats., or s. 971.17 (3) (d) or (4) (e) or 980.08 (5), for which the department has contracted with county departments under s. 51.42 (3) (aw) 1. d., with other public agencies, or with private agencies to provide the treatment and services.

SECTION 2. 971.14 (2) (am) of the statutes is amended to read:

971.14 (2) (am) Notwithstanding par. (a), if the court orders the defendant to be examined by the department or a department facility, the department shall determine where the examination will be conducted, who will conduct the examination and whether the examination will be conducted on an inpatient or outpatient basis. The department's responsibility for conducting examinations is limited to inpatient examinations and those outpatient examinations that are for defendants in custody in jail or in a locked unit of a facility. Any such outpatient examination shall be conducted in a jail or a locked unit of a facility. In any case under this paragraph in which the department determines that an inpatient examination is necessary, the 15-day period under par. (c) begins upon the arrival of the defendant at the inpatient facility. If an outpatient examination is begun by or through the department, and the department later determines that an inpatient examination is necessary, the sheriff shall transport the defendant to the inpatient facility designated by the department, unless the defendant has been released on bail.
(End)
LRB-0133LRB-0133/1
PJK:kmg:pg
2003 - 2004 LEGISLATURE

DOA:......Jablonsky - BB0022 Eliminate HIRSP administrator requirement
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL

AN ACT ...; relating to: the administrator of the health insurance risk-sharing plan.
Analysis by the Legislative Reference Bureau
Health and human services
Other health and human services
The health insurance risk-sharing plan (HIRSP) under current law provides major medical health insurance coverage for persons who are covered under Medicare because they are disabled, persons who have tested positive for the human immunodeficiency virus, and persons who have been refused coverage, or coverage at an affordable price, in the private health insurance market because of their mental or physical health condition. Also eligible for coverage are persons who currently do not have health insurance coverage, but who were covered under certain types of health insurance coverage for at least 18 months in the past and have exhausted any continuation coverage for which they were eligible.
HIRSP is administered by DHFS, in conjunction with a plan administrator and a board of governors. Current law provides that the plan administrator is the same fiscal agent with which DHFS contracts to administer the Medical Assistance (MA) Program. This bill eliminates the requirement that the plan administrator be the fiscal agent for the MA Program and provides that the plan administrator may be selected by DHFS in a competitive bidding process.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 149.10 (8b) of the statutes is repealed.

SECTION 2. 149.16 (1) of the statutes is repealed.

SECTION 3. 149.16 (1m) of the statutes is created to read:

149.16 (1m) The plan administrator may be selected by the department in a competitive bidding process.

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