SECTION 1. 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 46.2785 or a waiver requested under 2001 Wisconsin Act 16, section 9123 (16rs), or 2003 Wisconsin Act 33, section 9124 (8c), if the county departments or providers meet the conditions that the department determines are appropriate. 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.
SECTION 2. 46.27 (5) (i) of the statutes is amended to read:
46.27 (5) (i) In the instances in which an individual who is provided long-term community support services under par. (b) for which the individual receives direct funding, serve directly as a fiscal agent or contract with a fiscal intermediary to serve as a fiscal agent for that individual for the purposes of performing the responsibilities and protecting the interests of the individual under the unemployment insurance law. The county department or aging unit may elect to act as a fiscal agent or contract with a fiscal intermediary to serve as a fiscal agent for an individual who is provided long-term support services under s. 46.275, 46.277, 46.278, 46.2785, 46.495, 51.42, or 51.437. The fiscal agent under this paragraph is responsible for remitting any federal unemployment compensation taxes or state unemployment insurance contributions owed by the individual, including any interest and penalties which are owed by the individual; for serving as the representative of the individual in any investigation, meeting, hearing or appeal involving ch. 108 or the federal unemployment tax act (26 USC 3301 to 3311) in which the individual is a party; and for receiving, reviewing, completing and returning all forms, reports and other documents required under ch. 108 or the federal unemployment tax act on behalf of the individual. An individual may make an informed, knowing and voluntary election to waive the right to a fiscal agent. The waiver may be as to all or any portion of the fiscal agent's responsibilities. The waiver may be rescinded in whole or in part at any time.
SECTION 3. 46.27 (6r) (a) of the statutes is amended to read:
46.27 (6r) (a) A person who is initially eligible for services under sub. (7) (b), for whom home and community-based services are available under sub. (11) or s. 46.275, 46.277 or, 46.278, or 46.2785 that require less total expenditure of state funds than do comparable services under sub. (7) (b) and who is eligible for and offered the home and community-based services under sub. (11) or s. 46.275, 46.277 or, 46.278, or 46.2785, but who declines the offer, except that a county may use funds received under sub. (7) (b) to pay for long-term community support services for the person for a period of up to 90 days during which an application for services under sub. (11) or s. 46.275, 46.277 or, 46.278, or 46.2785 for the person is processed.
SECTION 4. 46.27 (11) (a) of the statutes is repealed.
SECTION 5. 46.2785 of the statutes is created to read:
46.2785 Community Opportunities and Recovery Program. (1) DEFINITIONS. In this section:
(a) "Nursing facility" has the meaning given in 42 USC 1396r (a).
(b) "Serious mental illness" has the meaning given in 42 CFR 483.102 (b) (1).
(c) "Waiver program" means the Community Opportunities and Recovery Program for which a waiver has been requested under sub. (2) and granted under 42 USC 1396n (c).
(2) WAIVER REQUEST. The department may request a waiver from the secretary of the U.S. department of health and human services, under 42 USC 1396n (c), authorizing the department to serve in their communities medical assistance recipients who meet eligibility requirements specified in sub. (4) by providing them home or community-based services as part of the Medical Assistance program. If the department requests the waiver, it shall include all the assurances required under 42 USC 1396n (c) (2) in the request. If the department receives the waiver, it may request an extension of the waiver under 42 USC 1396n (c).
(3) CONTRACT FOR ADMINISTRATION. If doing so is consistent with the waiver received by the department as specified in sub. (2), the department may contract with a county or a private agency to administer the waiver program. A private agency with which the department contracts shall have the powers and duties of a county under this section.
(4) ELIGIBILITY. Any medical assistance recipient who has a serious mental illness and meets the level of care requirements under s. 49.45 (6m) (i) for reimbursement of nursing home care under the Medical Assistance program is eligible to participate in the waiver program.
(5) FUNDING. (a) Medical assistance reimbursement for services a county or private agency contracts for or provides under the waiver program shall be made from the appropriation accounts under s. 20.435 (4) (b) and (o).
(b) The department may, from the appropriation account under s. 20.435 (4) (o), reimburse a county for providing, or contracting to provide, services that cost more than the average annual per person rate established by the department, but less than the average amount approved by the federal government for the waiver program.
SECTION 6. 46.286 (1) (a) 2. b. of the statutes is amended to read:
46.286 (1) (a) 2. b. Home and community-based waiver programs under 42 USC 1396n (c), including community integration program Community Integration Program under s. 46.275, 46.277, or 46.278 and the Community Opportunities and Recovery Program under s. 46.2785.
SECTION 7. 46.985 (2) (a) 4. of the statutes is amended to read:
46.985 (2) (a) 4. Procedures for coordinating the family support program and the use of its funds, throughout this state and in each service area, with other publicly funded programs including the community options program under s. 46.27; the community integration program Community Integration Program under ss. 46.275, 46.277, and 46.278; the Community Opportunity and Recovery Program under s. 46.2785; the social services, mental health, and developmental disabilities programs under ss. 46.495, 51.42, and 51.437; the independent living center program under s. 46.96; and the medical assistance Medical Assistance program under subch. IV of ch. 49.
SECTION 8. 49.46 (1) (a) 14. of the statutes is amended to read:
49.46 (1) (a) 14. Any person who would meet the financial and other eligibility requirements for home or community-based services under s. 46.27 (11) or, 46.277, or 46.2785 but for the fact that the person engages in substantial gainful activity under 42 USC 1382c (a) (3), if a waiver under s. 49.45 (38) is in effect or federal law permits federal financial participation for medical assistance coverage of the person and if funding is available for the person under s. 46.27 (11) or, 46.277, or 46.2785.
SECTION 9. 49.46 (2) (b) 8. of the statutes is amended to read:
49.46 (2) (b) 8. Home or community-based services, if provided under s. 46.27 (11), 46.275, 46.277 or, 46.278, or 46.2785, under the family care benefit if a waiver is in effect under s. 46.281 (1) (c), or under a waiver requested under 2001 Wisconsin Act 16, section 9123 (16rs), or 2003 Wisconsin Act 33, section 9124 (8c).
SECTION 10. 49.47 (4) (as) 1. of the statutes is amended to read:
49.47 (4) (as) 1. The person would meet the financial and other eligibility requirements for home or community-based services under s. 46.27 (11) or, 46.277, or 46.2785 or under the family care benefit if a waiver is in effect under s. 46.281 (1) (c) but for the fact that the person engages in substantial gainful activity under 42 USC 1382c (a) (3).
SECTION 11. 49.47 (4) (as) 3. of the statutes is amended to read:
49.47 (4) (as) 3. Funding is available for the person under s. 46.27 (11) or, 46.277, or 46.2785 or under the family care benefit if a waiver is in effect under s. 46.281 (1) (c).
SECTION 12. 108.02 (13) (k) of the statutes is amended to read:
108.02 (13) (k) "Employer" does not include a county department or aging unit, or, under s. 46.2785, a private agency that serves as a fiscal agent or contracts with a fiscal intermediary to serve as a fiscal agent under s. 46.27 (5) (i) or 47.035 as to any individual performing services for a person receiving long-term support services under s. 46.27 (5) (b), 46.275, 46.277, 46.278, 46.2785, 46.286, 46.495, 51.42, or 51.437 or personal assistance services under s. 47.02 (6) (c).
(End)
LRB-0312LRB-0312/2
RLR:kjf:pg
2005 - 2006 LEGISLATURE
DOA:......Milioto, BB0052 - Family Care phase-in of entitlement for non-MA eligible persons
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: entitlement to the family care benefit.
Analysis by the Legislative Reference Bureau
health and human services
Other health and human services
Currently, DHFS administers Family Care, a program available in several counties that combines several sources of funding to provide a flexible long-term care benefit called the family care benefit. A person must be at least 18 years of age and have a physical disability, a developmental disability, or infirmities of aging to qualify for the family care benefit. In addition, a person must meet both functional and financial eligibility requirements. Currently, the family care benefit is an entitlement for persons who are eligible for the Medical Assistance (MA) program and meet the functional eligibility requirements because they are functionally eligible at the comprehensive or intermediate level or, under certain circumstances, because they were receiving long-term care benefits when the family care benefit was introduced. By January 1, 2006, DHFS must extend entitlement to persons who are not MA eligible but who are functionally eligible at the comprehensive level or are in need of protective services or protective placement and functionally eligible at the intermediate level, as well as to certain persons who are not MA eligible but are functionally eligible because they were receiving long-term care benefits when the Family Care program was introduced.
This bill delays until January 1, 2008, the requirement for making the family care benefit an entitlement for persons who are not eligible for MA.
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. 46.286 (3) (d) of the statutes is amended to read:
46.286 (3) (d) The department shall determine the date, which shall not be later than January 1, 2006 2008, 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.
(End)
LRB-0313LRB-0313/1
RLR:jld:rs
2005 - 2006 LEGISLATURE
DOA:......Milioto, BB0017 - Food Distribution Program Transfer
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: grants for food distribution programs.
Analysis by the Legislative Reference Bureau
health and human services
Other health and human services
This bill moves the appropriation to DHFS for food distribution grants from the Division of Children and Family Services to the Division of Public Health.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (3) (dn) of the statutes is renumbered 20.435 (5) (dn).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 46.75 (2) (a) of the statutes is amended to read:
46.75 (2) (a) From the appropriation under s. 20.435 (3) (5) (dn), the department shall award grants to agencies to operate food distribution programs that qualify for participation in the emergency food assistance program under P.L. 98-8, as amended.
SECTION 3. 46.77 of the statutes is amended to read:
46.77 Food distribution administration. From the appropriation under s. 20.435 (3) (5) (dn), the department shall allocate funds to eligible recipient agencies, as defined in the emergency food assistance act, P.L. 98-8, section 201A, as amended, for the storage, transportation and distribution of commodities provided under the hunger prevention act of 1988, P.L. 100-435, as amended.
(End)
LRB-0314LRB-0314/1
RLR:jld:rs
2005 - 2006 LEGISLATURE
DOA:......Blaine, BB0012 - Senior Care 5% Rate Enhancement
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Other health and human services
Under current law, DHFS reimburses pharmacists and pharmacies for prescription drugs purchased by persons enrolled in Senior Care, a prescription drug assistance program for low-income elderly persons. The reimbursement rate is equal to 105 percent of the prescription drug reimbursement rate under the Medical Assistance (MA) program, plus a dispensing fee, and minus a copayment paid by the Senior Care enrollee.
This bill reduces the reimbursement rate under Senior Care to 100 percent of the prescription drug reimbursement rate under MA, plus the dispensing fee, and minus the copayment.
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. 49.688 (1) (e) of the statutes is amended to read:
49.688 (1) (e) "Program payment rate" means the rate of payment made for the identical drug specified under s. 49.46 (2) (b) 6. h., plus 5%, plus a dispensing fee that is equal to the dispensing fee permitted to be charged for prescription drugs for which coverage is provided under s. 49.46 (2) (b) 6. h.
SECTION 9321. Initial applicability; health and family services.
(1) PRESCRIPTION DRUG ASSISTANCE REIMBURSEMENT RATE. The treatment of section 49.688 (1) (e) of the statutes first applies to reimbursement for prescription drugs purchased on October 1, 2005.
(End)
LRB-0315LRB-0315/2
RLR:wlj:ch
2005 - 2006 LEGISLATURE
DOA:......Jablonsky, BB0033 - Lead Registry
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: investigation and remediation of lead hazards.
Analysis by the Legislative Reference Bureau
health and human services
Health
Current law requires DHFS to implement a statewide lead poisoning or lead exposure prevention and treatment program. DHFS may designate local health departments as DHFS's agents for administering and enforcing elements of the program.
