SB44: Bill Text

SB44,533,18 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.

SB44, s. 1116 Section 1116. 46.277 (1m) (ak) of the statutes is created to read:

SB44,533,22 46.277 (1m) (ak) "Nursing home" means a nursing home, as defined in s. 50.01 (3), that is certified as a provider of medical assistance, other than an intermediate care facility for the mentally retarded, as defined in s. 46.278 (1m) (am).

SB44, s. 1117 Section 1117. 46.277 (2) (b) of the statutes is amended to read:

SB44,534,3 46.277 (2) (b) Fund Except as provided in subs. (3r) and (5) (bm), fund home or community-based services provided by any county that meet the requirements of this section.

SB44, s. 1118 Section 1118. 46.277 (3) (c) of the statutes is amended to read:

SB44,534,10 46.277 (3) (c) Beginning on January 1, 1996, from the annual allocation to the county for the provision of long-term community support services under sub. (5), except as provided in subs. (3r) and (5) (bm), a county department participating in the program shall annually establish a maximum total amount that may be encumbered in a calendar year for services for eligible individuals in community-based residential facilities.

SB44, s. 1119 Section 1119. 46.277 (3r) of the statutes is created to read:

SB44,534,21 46.277 (3r) Relocation of nursing home residents. (a) In a county that is participating in the program, for each nursing home resident who has applied for participation and has been found eligible under sub. (4), but is not participating in the program and who indicates that he or she prefers to receive services in the community, rather than in the nursing home, the participating county department shall initiate a needs and costs-based assessment before the resident has resided in the nursing home for 90 continuous days or before the cost of the resident's nursing home care has been paid under Medical Assistance for 30 days, whichever is longer. The county department shall complete the needs and costs-based assessment within 90 days after initiating it.

SB44,534,23 (b) After completion of the needs and costs-based assessment, the county department shall contact the department regarding available funding.

SB44,535,5 (c) If the department determines that costs for home or community-based services for the nursing home resident, as determined under the needs and costs-based assessment, are equal to or less than the amount specified under sub. (5) (bm) 1., the county department shall offer and, if accepted, provide home or community-based services under this section to the nursing home resident, if the cost of the resident's nursing home care has been paid under Medical Assistance for at least 30 days.

SB44,535,13 (d) If the department determines that costs for home or community-based services for the nursing home resident, as determined under the needs and costs-based assessment, exceed the amount specified under sub. (5) (bm) 1., the department may ascertain whether additional funding, as specified under sub. (5) (bm) 2., is available. If additional funding is available and if the cost of the resident's nursing home care has been paid under Medical Assistance for at least 30 days, the county department shall offer and, if accepted, provide home or community-based services under this section to the nursing home resident.

SB44, s. 1120 Section 1120. 46.277 (5) (am) of the statutes is created to read:

SB44,535,17 46.277 (5) (am) From the appropriation under s. 20.435 (4) (w), the department may provide reimbursement to a county for administrative activities by the county to relocate a nursing home resident under sub. (3r).

SB44, s. 1121 Section 1121. 46.277 (5) (b) of the statutes is amended to read:

SB44,535,21 46.277 (5) (b) Total Except as provided in subs. (3r) and (5) (bm), funding to counties under the program may not exceed the amount approved in the waiver received under sub. (2).

SB44, s. 1122 Section 1122. 46.277 (5) (bm) of the statutes is created to read:

SB44,536,6 46.277 (5) (bm) 1. Funding to a county for an individual who is relocated from a nursing home under sub. (3r) shall be no more than the per-person, per-day payment rate at the individual's level-of-care requirement for the nursing home under s. 49.45 (6m), indexed annually by the percentage of any annual nursing home average rate increase under s. 49.45 (6m), minus the amount that is obtained by subtracting the average annual costs for allowable charges under s. 49.46 (2) (a) and (b) payable on behalf of individuals in nursing homes from the average annual costs per medical assistance recipient for the allowable charges payable on behalf of individuals who are relocated into communities from nursing homes.

SB44,536,12 2. Notwithstanding the limitation on payment to a county under subd. 1., funding to a county for an individual who is relocated from a nursing home under sub. (3r) may include, in addition to the amount specified in subd. 1., an amount not to exceed the sum obtained by subtracting the total of all payments made for home or community-based services for nursing home residents relocated under sub. (3r) (c) from the amount available under subd. 1.

SB44,536,18 3. If a county department fails to complete a needs and costs-based assessment and offer home or community-based services under this section to a nursing home resident within the time period specified in sub. (3r) (a), the county shall pay the nonfederal share of Medical Assistance for his or her nursing home care unless the nursing home resident refused participation or the needs and costs-based assessment determined that participation was not feasible.

SB44,536,20 4. Funding to a county is available under subd. 1. or 2. only during the period in which a relocated individual continues to receive home or community-based care.

SB44, s. 1123 Section 1123. 46.277 (5) (g) of the statutes is created to read:

SB44,537,2 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.

SB44, s. 1124 Section 1124. 46.278 (1m) (bg) of the statutes is created to read:

SB44,537,6 46.278 (1m) (bg) "Nursing home" means a nursing home, as defined in s. 50.01 (3), that is certified as a provider of medical assistance, other than an intermediate care facility for the mentally retarded.

SB44, s. 1125 Section 1125. 46.278 (3) (b) of the statutes is amended to read:

SB44,537,10 46.278 (3) (b) Fund Except as provided in subs. (4g) and (6) (bm), fund home or community-based services provided by any county that meet the requirements of this section.

SB44, s. 1126 Section 1126. 46.278 (4g) of the statutes is created to read:

SB44,537,21 46.278 (4g) Relocation of nursing home residents. (a) In a county that is participating in the program, for each nursing home resident who has applied for participation and has been found eligible under sub. (5), but is not participating in the program and who indicates that he or she prefers to receive services in the community, rather than in the nursing home, the participating county department shall initiate a needs and costs-based assessment before the resident has resided in the nursing home for 90 continuous days or before the cost of the resident's nursing home care has been paid under Medical Assistance for 30 days, whichever is longer. The county department shall complete the needs and costs-based assessment within 90 days after initiating the assessment.

SB44,537,23 (b) After completion of the needs and costs-based assessment, the county department shall contact the department regarding available funding.

SB44,538,5 (c) If the department determines that costs for home or community-based services for the nursing home resident, as determined under the needs and costs-based assessment, are equal to or less than the amount specified under sub. (6) (bm) 1., the county department shall offer and, if accepted, provide home or community-based services under this section to the nursing home resident, if the cost of the resident's nursing home care has been paid under Medical Assistance for at least 30 days.

SB44,538,13 (d) If the department determines that costs for home or community-based services for the nursing home resident, as determined under the needs and costs-based assessment, exceed the amount specified under sub. (6) (bm) 1., the department may ascertain whether additional funding, as specified under sub. (6) (bm) 2., is available. If additional funding is available and if the cost of the resident's nursing home care has been paid under Medical Assistance for at least 30 days, the county department shall offer and, if accepted, provide home or community-based services under this section to the nursing home resident.

SB44, s. 1127 Section 1127. 46.278 (6) (am) of the statutes is created to read:

SB44,538,17 46.278 (6) (am) From the appropriation under s. 20.435 (4) (w), the department may provide reimbursement to a county for administrative activities by the county to relocate a nursing home resident under sub. (4g).

SB44, s. 1128 Section 1128. 46.278 (6) (b) of the statutes is amended to read:

SB44,538,21 46.278 (6) (b) Total Except as provided in subs. (4g) and (6) (bm), total funding to counties for relocating each person under a program may not exceed the amount approved in the waiver received under sub. (3).

SB44, s. 1129 Section 1129. 46.278 (6) (bm) of the statutes is created to read:

SB44,539,6 46.278 (6) (bm) 1. Funding to a county for an individual who is relocated from a nursing home under sub. (4g) shall be no more than the per-person, per-day payment rate at the individual's level-of-care requirement for the nursing home under s. 49.45 (6m), indexed annually by the percentage of any annual nursing home average rate increase under s. 49.45 (6m), minus the amount that is obtained by subtracting the average annual costs for allowable charges under s. 49.46 (2) (a) and (b) payable on behalf of individuals in nursing homes from the average annual costs for the allowable charges payable on behalf of individuals who are relocated into communities from nursing homes.

SB44,539,12 2. Notwithstanding the limitation on payment to a county under subd. 1., funding to a county for an individual who is relocated from a nursing home under sub. (4g) may include, in addition to the amount specified in subd. 1., an amount not to exceed the sum obtained by subtracting the total of all payments made for home or community-based services for nursing home residents relocated under sub. (4g) (c) from the amount available under subd. 1.

SB44,539,18 3. If a county department fails to complete a needs and costs-based assessment and offer home or community-based services under this section to a nursing home resident within the time period specified in sub. (4g) (a), the county shall pay the nonfederal share of Medical Assistance for his or her nursing home care unless the nursing home resident refused participation or the needs and costs-based assessment determined that participation was not feasible.

SB44,539,20 4. Funding to a county is available under subd. 1. or 2. only during the period in which a relocated individual continues to receive home or community-based care.

SB44, s. 1130 Section 1130. 46.278 (6) (d) of the statutes is amended to read:

SB44,540,2 46.278 (6) (d) If a county makes available nonfederal funds equal to the state share of service costs under a waiver received under sub. (3), the department may, from the appropriation under s. 20.435 (4) (o), provide reimbursement for services that the county provides under this section to persons who are in addition to those who may be served under this section with funds from the appropriation under s. 20.435 (4) (b), (r), or (w).

SB44, s. 1131 Section 1131. 46.278 (6) (f) of the statutes is repealed.

SB44, s. 1132 Section 1132. 46.279 of the statutes is created to read:

SB44,540,6 46.279 Restrictions on placements and admissions to intermediate and nursing facilities. (1) Definitions. In this section:

SB44,540,7 (a) "Developmental disability" has the meaning given in s. 51.01 (5) (a).

SB44,540,10 (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).

SB44,540,11 (c) "Nursing facility" has the meaning given under 42 USC 1369r (a).

SB44,540,21 (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, a court under s. 55.06 (9) (a) or (10) (a) 2. finds that placement under a plan that was developed under sub. (4) is not in the individual's best interests. 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.

SB44,541,2 (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).

SB44,541,6 (4) Plan for home or community-based care. A county department that participates in the program under s. 46.278 shall develop a plan for providing home or community-based care to an individual in a noninstitutional community setting under any of the following circumstances:

SB44,541,9 (a) Within 90 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.

SB44,541,11 (b) Within 90 days after receiving written notice under sub. (2) of an application.

SB44,541,13 (c) Within 90 days after a proposal is made under s. 55.06 (9) (a) to place the individual in an intermediate facility or a nursing facility.

SB44,541,15 (d) Within 90 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.

SB44,541,17 (e) Within 60 days after extension of a temporary placement order by the court under s. 55.06 (11) (c).

SB44,541,19 (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).

SB44, s. 1133 Section 1133. 46.2805 (2) of the statutes is amended to read:

SB44,541,22 46.2805 (2) "Eligible person" means a person who meets all eligibility criteria under s. 46.286 (1) or (1m).

SB44, s. 1134 Section 1134. 46.283 (5) of the statutes is amended to read:

SB44,542,2 46.283 (5) Funding. From the appropriation accounts under s. 20.435 (4) (b), (bm), (gp), (pa), (r), and (w) and (7) (b), (bd), and (md), the department may contract with organizations that meet standards under sub. (3) for performance of the duties under sub. (4) and shall distribute funds for services provided by resource centers.

SB44, s. 1135 Section 1135. 46.284 (5) (a) of the statutes is amended to read:

SB44,542,10 46.284 (5) (a) From the appropriation accounts under s. 20.435 (4) (b), (g), (gp), (im), (o), (r), and (w) and (7) (b) and (bd), the department shall provide funding on a capitated payment basis for the provision of services under this section. Notwithstanding s. 46.036 (3) and (5m), a care management organization that is under contract with the department may expend the funds, consistent with this section, including providing payment, on a capitated basis, to providers of services under the family care benefit.

SB44, s. 1136 Section 1136. 46.286 (1) (intro.) of the statutes is amended to read:

SB44,542,16 46.286 (1) Eligibility. (intro.) Except as provided in sub. (1m), a A person is eligible for, but not necessarily entitled to, the family care benefit if the person is at least 18 years of age; has a physical disability, as defined in s. 15.197 (4) (a) 2., a developmental disability, as defined in s. 51.01 (5) (a), or infirmities of aging, as defined in s. 55.01 (3); and meets all of the following criteria:

SB44, s. 1137 Section 1137. 46.286 (1m) of the statutes is repealed.

SB44, s. 1138 Section 1138. 46.286 (3) (a) (intro.) of the statutes is amended to read:

SB44,542,25 46.286 (3) (a) (intro.) Subject to pars. (c) and (d), a person is entitled to and may receive the family care benefit through enrollment in a care management organization if, except as provided in subd. 5., he or she is at least 18 years of age, has a physical disability, as defined in s. 15.197 (4) (a) 2., a developmental disability, as defined in s. 51.01 (5) (a), or infirmities of aging, as defined in s. 55.01 (3), is financially eligible, fulfills any applicable cost-sharing requirements and meets any of the following criteria:

SB44, s. 1139 Section 1139. 46.286 (3) (a) 5. of the statutes is repealed.

SB44, s. 1140 Section 1140. 46.286 (3) (d) of the statutes is amended to read:

SB44,543,8 46.286 (3) (d) The department shall determine the date, which shall not be later than January 1, 2004 2006, on which par. (a) shall first apply to persons who are not eligible for medical assistance under ch. 49. Before the date determined by the department, persons who are not eligible for medical assistance may receive the family care benefit within the limits of state funds appropriated for this purpose and available federal funds.

SB44, s. 1141 Section 1141. 46.287 (2) (a) 1. a. of the statutes is amended to read:

SB44,543,10 46.287 (2) (a) 1. a. Denial of eligibility under s. 46.286 (1) or (1m).

SB44, s. 1142 Section 1142. 46.29 (3) (d) of the statutes is amended to read:

SB44,543,12 46.29 (3) (d) The secretary of employment relations administration.

SB44, s. 1143 Section 1143. 46.295 (1) of the statutes is amended to read:

SB44,543,17 46.295 (1) The department may, on the request of any hearing-impaired person, city, village, town, or county or private agency, provide funds from the appropriation under s. 20.435 (6) (a) and (hs) and (7) (d) to reimburse interpreters for hearing-impaired persons for the provision of interpreter services.

SB44, s. 1144 Section 1144. 46.40 (1) (d) of the statutes is created to read:

SB44,543,23 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.

SB44, s. 1145 Section 1145. 46.40 (2) of the statutes is amended to read:

SB44,544,4 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.

SB44, s. 1146 Section 1146. 46.40 (7) of the statutes is amended to read:

SB44,544,9 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.

SB44, s. 1147 Section 1147. 46.45 (2) (a) of the statutes is amended to read:

SB44,545,5 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).

SB44, s. 1148 Section 1148. 46.45 (2) (am) of the statutes is created to read: