20.435 (4) (n) Federal program operations. All moneys received from the federal government or any of its agencies for the state administration of continuing programs, other than moneys received under par. (pa), to be expended for the purposes specified.
SECTION 3. 20.435 (4) (pa) of the statutes is amended to read:
20.435 (4) (pa) Federal aid; medical assistance Medical Assistance and food stamp contracts administration. All federal moneys received for the federal share of the cost of contracting for payment and services administration and reporting, other than moneys received under par. (nn), to reimburse insurers for their costs under s. 49.475, for administrative contract costs for the food stamp program under s. 49.79, and for services of resource centers under s. 46.283.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
(End)
LRB-0188LRB-0188/P1
RLR:cjs:jf
2003 - 2004 LEGISLATURE
DOA:......Jablonsky - BB0027 Alternative services provided by institutes and centers; appropriation
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: alternative services provided by mental health institutes and centers for the developmentally disabled, and making an appropriation.
Analysis by the Legislative Reference Bureau
health and human services
Mental illness and developmental disabilities
Under current law, the mental health institutes and the centers for the developmentally disabled may, in addition to providing inpatient and outpatient services, provide various alternative services under contract with entities such as counties, school districts, or other public or private entities. The alternative services are funded by an annual program revenue appropriation. This bill changes the appropriation that funds alternative services provided by the mental health institutes and the centers for the developmentally disabled to a continuing appropriation.
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. 20.435 (2) (g) of the statutes is amended to read:
20.435 (2) (g) Alternative services of institutes and centers. The amounts in the schedule to provide services under ss. 46.043 and 51.06 (1r). All moneys received as payments for services under ss. 46.043 and 51.06 (1r) shall be credited to this appropriation account for provision of alternative services by mental health institutes under s. 46.043 and by centers for the developmentally disabled under s. 51.06 (1r).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
(End)
LRB-0189LRB-0189/1
RLR&DAK:kmg:rs
2003 - 2004 LEGISLATURE
DOA:......Jablonsky - BB0028 Immunizations appropriation
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: child immunizations and making an appropriation.
Analysis by the Legislative Reference Bureau
health and human services
Health
Current law requires DHFS to carry out a statewide immunization program to eliminate or protect people against certain communicable diseases. Under the Public Health Service Act and the Vaccines for Children Program, the federal government provides the state funding to purchase vaccines for children and for certain child immunization activities. For each of fiscal years 2001-02 and 2002-03, the state appropriated general purpose revenue to DHFS for child immunizations in an amount equal to the difference between $9,000,000 and the amount of funding received from the federal government under the Public Health Service Act and the Vaccines for Children Program. This bill continues to appropriate in each fiscal year general purpose revenue for child immunizations in an amount equal to the difference between $9,000,000 and the amount of funding received from the federal government under these programs and any other federally funded vaccine program.
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 (5) (cm) of the statutes is amended to read:
20.435 (5) (cm) Immunization. A sum sufficient not to exceed in each fiscal year 2001-02 the difference between $9,000,000 and the sum of the moneys received from the federal government under the federal vaccines for children program and under section 317 of the Public Health Service Act in fiscal year 2001-02 and not to exceed in fiscal year 2002-03 the difference between $9,000,000 and the sum of the moneys received in each fiscal year from the federal government for the provision of vaccine to immunize children, including moneys under the federal vaccines for children program and under section 317 of the Public Health Service Act in fiscal year 2002-03 42 USC 247b and 42 USC 1396s, for the provision of vaccine to immunize children under s. 252.04 (1).
(End)
LRB-0190LRB-0190/7
PJK:kmg&jld:rs
2003 - 2004 LEGISLATURE
DOA:......Fath - BB0029, Funeral expenses and income maintenance programs
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
Public assistance
Under current law, county departments of social services or human services (county departments) pay cemetery, funeral, and burial expenses for decedents who, during life, received certain public assistance benefits, such as Wisconsin Works benefits or Medical Assistance benefits, and whose estates are insufficient to pay those expenses. The county departments are reimbursed for those payments by DWD.
Also under current law, DHFS contracts with county departments to administer "income maintenance" programs and reimburses the county departments for their costs of administering those programs. An "income maintenance" program is defined as the Medical Assistance program, the Badger Care health care program, or the food stamp program.
Under this bill, DHFS, instead of DWD, will reimburse county departments for the payments that they make for cemetery, funeral, and burial expenses. The bill categorizes the program under which county departments pay cemetery, funeral, and burial expenses as an "income maintenance" program, the effect of which is that DHFS will reimburse county departments for their expenses incurred in determining eligibility for that program. The bill also changes to permissive the current law requirement that DHFS delegate to county departments the administrative function of determining eligibility under the Medical Assistance program.
The bill directs DHFS and DWD to submit to the secretary of administration a proposal for transferring administration of the Client Assistance for Reemployment and Economic Support (CARES) system from DWD to DHFS. If the secretary of administration finds that the proposal does not increase the cost of administering the CARES system, the secretary must submit the proposal to JCF. If the cochairpersons of JCF do not notify the secretary of administration within 14 days that a meeting is scheduled to review the proposal, the secretary must approve the expenditure and position authority in the proposal. If JCF meets to review the proposal, however, the secretary may approve only the expenditure and position authority approved by JCF.
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:
****NOTE: Section 20.435 (4) (bm) is removed from this draft and its treatment is added to LRB-0187. This section is affected by both LRB-0187 and LRB-0190.
SECTION 1. 20.435 (4) (bn) of the statutes is amended to read:
20.435 (4) (bn) Income maintenance. Biennially, the amounts in the schedule for funeral expenses under s. 49.785 and for payments under s. 49.33 49.78 (8) relating to the administration of the medical assistance Medical Assistance program, the badger care Badger Care health care program under s. 49.665, and the food stamp program, and the cemetery, funeral, and burial expenses program under s. 49.785.
SECTION 2. 20.435 (4) (nn) of the statutes is amended to read:
20.435 (4) (nn) Federal aid; income maintenance. All moneys received from the federal government for the costs of contracting for the administration of the medical assistance Medical Assistance program under subch. IV of ch. 49 and the badger care Badger Care health care program under s. 49.665 and the food stamp program, other than moneys received under par. (pa), for payments under s. 49.33 49.78 (8).
****NOTE: Section 20.445 (3) (dz) was removed from this draft and its treatment added to LRB-1243, which also affected s. 20.445 (3) (dz).
SECTION 3. 20.512 (1) (i) of the statutes is amended to read:
20.512 (1) (i) Services to nonstate governmental units. The amounts in the schedule for the purpose of funding personnel services to nonstate governmental units under s. 230.05 (8), including services provided under ss. 49.33 49.78 (5) and 59.26 (8) (a). All moneys received from the sale of these services shall be credited to this appropriation account.
SECTION 4. 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).
SECTION 5. 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.
SECTION 6. 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.
SECTION 7. 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.
SECTION 8. 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).
****NOTE: The repeal of s. 49.175 (1) (j) is removed from this draft. That section is also repealed in LRB-1752.
SECTION 9. 49.19 (5) (d) of the statutes is amended to read:
49.19 (5) (d) The department shall reimburse the county for the funeral, burial, and cemetery expenses of a dependent child or the child's parents as provided in s. 49.30 49.785.
SECTION 10. 49.30 of the statutes is renumbered 49.785, and 49.785 (2), as renumbered, is amended to read:
49.785 (2) From the appropriations under s. 20.445 (3) (dz) and (md) appropriation under s. 20.435 (4) (bn), the department shall reimburse a county or applicable tribal governing body or organization for any amount that the county or applicable tribal governing body or organization is required to pay under sub. (1). From the appropriations under s. 20.445 (3) (dz) and (md) appropriation under s. 20.435 (4) (bn), the department shall reimburse a county or applicable tribal governing body or organization for cemetery expenses or for funeral and burial expenses for persons described under sub. (1) that the county or applicable tribal governing body or organization is not required to pay under subs. (1) and (1m) only if the department approves the reimbursement due to unusual circumstances.
SECTION 11. 49.32 (2) (d) of the statutes is repealed.
SECTION 12. 49.33 of the statutes is renumbered 49.78, and 49.78 (1) (b), (2), (4), (7), (8) (a) and (10), as renumbered, are amended to read:
49.78 (1) (b) "Income maintenance program" means the medical assistance Medical Assistance program under subch. IV of ch. 49, the badger care Badger Care health care program under s. 49.665, or the food stamp program under 7 USC 2011 to 2036, or the cemetery, funeral, and burial expenses program under s. 49.785.
(2) CONTRACTS. Annually, the department of health and family services shall contract with county departments under ss. 46.215, 46.22, and 46.23, and may contract with tribal governing bodies, to reimburse the county departments and tribal governing bodies for the reasonable cost of administering income maintenance programs.
(4) RULES; MERIT SYSTEM. The department of workforce development shall promulgate rules for the efficient administration of aid to families with dependent children in agreement with the requirement for federal aid, including the establishment and maintenance of personnel standards on a merit basis. The provisions of this section relating to personnel standards on a merit basis supersede any inconsistent provisions of any law relating to county personnel. This subsection shall not be construed to invalidate the provisions of s. 46.22 (1) (d).
(7) COUNTY PERSONNEL SYSTEMS. Pursuant to rules promulgated under sub. (4), the department of workforce development where requested by the county shall delegate to that county, without restriction because of enumeration, any or all of the department's department of workforce development's authority under sub. (4) to establish and maintain personnel standards including salary levels.
(8) (a) From the appropriation accounts under s. 20.435 (4) (bn) and (nn) and subject to par. (b), the department of health and family services shall reimburse each county and tribal governing body that contracts with the department under sub. (2) for reasonable costs of administering the income maintenance programs. The amount of each reimbursement paid under this paragraph shall be calculated using a formula based on workload within the limits of available state and federal funds under s. 20.435 (4) (bn) and (nn) by contract under s. 49.33 sub. (2). The amount of reimbursement calculated under this paragraph and par. (b) is in addition to any reimbursement provided to a county or tribal governing body for fraud and error reduction under s. 49.197 (1m) and (4).
(10) COUNTY CERTIFICATION. (a) Each county treasurer and director of a county department under s. 46.215, 46.22, or 46.23 and each tribal governing body shall certify monthly under oath to the department of health and family services in such manner as the department of health and family services prescribes the claim of the county for state reimbursement under sub. (8) (a). The department of health and family services shall review each claim of reimbursement and, if the department of health and family services approves the claim, the department of health and family services shall certify to the department of administration for reimbursement to the county for amounts due under sub. (8) (a) and payment claimed to be made to the counties monthly. The department of health and family services may make advance payments prior to the beginning of each month equal to one-twelfth of the contracted amount.
(b) To facilitate prompt reimbursement the certificate of the department of health and family services may be based on the certified statements of the county officers or tribal governing body executives filed under par. (a). Funds recovered from audit adjustments from a prior fiscal year may be included in subsequent certifications only to pay counties owed funds as a result of any audit adjustment. By September 30 annually, the department of health and family services shall submit a report to the appropriate standing committees under s. 13.172 (3) on funds recovered and paid out during the previous calendar year as a result of audit adjustments.
SECTION 13. 49.45 (2) (a) 3. of the statutes is amended to read:
49.45 (2) (a) 3. Determine the eligibility of persons for medical assistance, rehabilitative, and social services under ss. 49.46, 49.468, and 49.47 and rules and policies adopted by the department and shall may, under a contract under s. 49.33 49.78 (2), designate delegate all, or any portion, of this function to the county department under s. 46.215, 46.22, or 46.23 or a tribal governing body.
SECTION 14. 49.45 (3) (a) of the statutes is amended to read:
49.45 (3) (a) Reimbursement shall be made to each county department under ss. 46.215, 46.22, and 46.23 for the any administrative services performed in the medical assistance Medical Assistance program on the basis of s. 49.33 49.78 (8). For purposes of reimbursement under this paragraph, assessments completed under s. 46.27 (6) (a) are administrative services performed in the medical assistance Medical Assistance program.
SECTION 15. 49.45 (5) (b) 1. (intro.) of the statutes is amended to read:
49.45 (5) (b) 1. (intro.) Upon receipt of a timely petition under par. (a) the department shall give the applicant or recipient reasonable notice and opportunity for a fair hearing. The department may make such additional investigation as it considers necessary. Notice of the hearing shall be given to the applicant or recipient and to the county clerk or, if a Wisconsin works agency, if a county department under s. 46.215, 46.22, or 46.23 is responsible for making the medical assistance determination, the Wisconsin works agency to the county clerk of the county. The county or the Wisconsin works agency may be represented at such hearing. The department shall render its decision as soon as possible after the hearing and shall send a certified copy of its decision to the applicant or recipient, to the county clerk, and to the any county officer or the Wisconsin works agency charged with administration of the medical assistance Medical Assistance program. The decision of the department shall have the same effect as an order of the a county officer or the Wisconsin works agency charged with the administration of the medical assistance Medical Assistance program. The decision shall be final, but may be revoked or modified as altered conditions may require. The department shall deny a petition for a hearing or shall refuse to grant relief if:
SECTION 16. 49.45 (5) (b) 2. (intro.) of the statutes is amended to read:
49.45 (5) (b) 2. (intro.) If a recipient requests a hearing within the timely notice period specified in 42 CFR 431.231 (c), medical assistance coverage shall not be suspended, reduced, or discontinued until a decision is rendered after the hearing but medical assistance payments made pending the hearing decision may be recovered by the department if the contested decision or failure to act is upheld. The department shall promptly notify the county department or, if a Wisconsin works agency If a county department is responsible for making the medical assistance determination, the Wisconsin works agency department shall notify the county department of the county in which the recipient resides that the recipient has requested a hearing. Medical assistance coverage shall be suspended, reduced, or discontinued if:
SECTION 17. 49.45 (19) (bm) of the statutes is amended to read:
49.45 (19) (bm) The department or the county department under s. 46.215 or 46.22 shall notify applicants of the requirements of this subsection at the time of application.
SECTION 18. 49.45 (36) of the statutes is amended to read:
49.45 (36) HOMELESS BENEFICIARIES. A The department or a county department under s. 46.215, 46.22, or 46.23 may not place the word "homeless" on the medical assistance identification card of any person who is determined to be eligible for medical assistance benefits and who is homeless.
SECTION 19. 49.496 (4) of the statutes is amended to read:
49.496 (4) ADMINISTRATION. The department may require a county department under s. 46.215, 46.22, or 46.23 or the governing body of a federally recognized American Indian tribe administering medical assistance to gather and provide the department with information needed to recover medical assistance under this section. The department shall pay to a county department or tribal governing body an amount equal to 5% of the recovery collected by the department relating to a beneficiary for whom the county department or tribal governing body made the last determination of medical assistance eligibility. A county department or tribal governing body may use funds received under this subsection only to pay costs incurred under this subsection and, if any amount remains, to pay for improvements to functions required under s. 49.33 49.78 (2). The department may withhold payments under this subsection for failure to comply with the department's requirements under this subsection. The department shall treat payments made under this subsection as costs of administration of the medical assistance Medical Assistance program.
