AB100-engrossed,440,2421
(d) The duty to submit the plans and specifications for all such new buildings
22and all conveyances, leases and subleases made under this
section subsection to the
23department of administration and the governor for written approval before they are
24finally adopted, executed and delivered.
AB100-engrossed,441,4
1(e) The power to pledge and assign all or any part of the revenues derived from
2the operation of such new buildings as security for the payment of rentals due and
3to become due under any lease or sublease of such new buildings under
subd. 3 par.
4(c).
AB100-engrossed,441,95
(f) The power to covenant and agree in any lease or sublease of such new
6buildings made under
subd. 3. par. (c) to impose fees, rentals or other charges for the
7use and occupancy or other operation of such new buildings in an amount calculated
8to produce net revenues sufficient to pay the rentals due and to become due under
9such lease or sublease.
AB100-engrossed,441,1210
(g) The power to apply all or any part of the revenues derived from the operation
11of existing buildings to the payment of rentals due and to become due under any lease
12or sublease made under
subd. 3 par. (c).
AB100-engrossed,441,1513
(h) The power to pledge and assign all or any part of the revenues derived from
14the operation of existing buildings to the payment of rentals due and to become due
15under any lease or sublease made under
subd. 3 par. (c).
AB100-engrossed,441,1916
(i) The power to covenant and agree in any lease or sublease made under
subd.
173. par. (c) to impose fees, rentals or other charges for the use and occupancy or other
18operation of existing buildings in an amount calculated to produce net revenues
19sufficient to pay the rentals due and to become due under such lease or sublease.
AB100-engrossed,441,2520
(j) The power and duty, upon receipt of notice of any assignment by any such
21nonprofit corporation of any lease or sublease made under
subd. 3. par. (c), or of any
22of its rights under any such sublease, to recognize and give effect to such assignment,
23and to pay to the assignee thereof rentals or other payments then due or which may
24become due under any such lease or sublease which has been so assigned by such
25nonprofit corporation.
AB100-engrossed, s. 835
1Section
835. 46.035 (2) (b) of the statutes is renumbered 46.035 (3) and
2amended to read:
AB100-engrossed,442,93
46.035
(3) The state
shall be is liable for accrued rentals and for any other
4default under any lease or sublease made under
par. (a) 3. sub. (2) (c), and may be
5sued therefor on contract as in other contract actions pursuant to ch. 775, except that
6it
shall not be is not necessary for the lessor under any such lease or sublease or any
7assignee of such lessor or any person or other legal entity proceeding on behalf of such
8lessor to file any claim with the legislature prior to the commencement of any such
9action.
AB100-engrossed, s. 838
12Section
838. 46.035 (2) (e) of the statutes is renumbered 46.035 (5) and
13amended to read:
AB100-engrossed,442,1614
46.035
(5) All laws, except
s. 16.848 and ch. 150,
conflicting that conflict with
15any provisions of this section, are, insofar as they conflict with this section and no
16further, superseded by this section.
AB100-engrossed,443,218
46.057
(2) From the appropriation account under s. 20.410 (3) (ba), the
19department of corrections shall transfer to the appropriation account under s. 20.435
20(2) (kx) $1,379,300 in fiscal year
2003-04 2005-06 and $1,379,300 in fiscal year
212004-05 2006-07 and, from the appropriation account under s. 20.410 (3) (hm), the
22department of corrections shall transfer to the appropriation account under s. 20.435
23(2) (kx)
$2,086,700 $2,271,200 in fiscal year
2003-04 2005-06 and
$2,155,600 24$2,390,600 in fiscal year
2004-05
2006-07 for services for juveniles placed at the
25Mendota juvenile treatment center. The department of health and family services
1may charge the department of corrections not more than the actual cost of providing
2those services.
AB100-engrossed,443,5
446.06 Lands; condemnation, easements, leases, sales, purchases. 5(intro.) Subject to s. 16.848:
AB100-engrossed,443,24
746.07 Property of patients or residents. All money including wages and
8other property delivered to an officer or employee of any institution for the benefit
9of a patient or resident shall
forthwith be delivered to the steward, who shall enter
10the
same money upon the steward's books to the credit of the patient or resident. The
11property shall be used only under the direction and with the approval of the
12superintendent and for the crime victim and witness assistance surcharge under s.
13973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34
14(8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046
, the drug
15offender diversion surcharge under s. 973.043, or the benefit of the patient or
16resident. If the money remains uncalled for for one year after the patient's or
17resident's death or departure from the institution, the superintendent shall deposit
18the
same money in the general fund. If any patient or resident leaves property, other
19than money, uncalled for at an institution for one year, the superintendent shall sell
20the property, and the proceeds shall be deposited in the general fund. If any person
21satisfies the department, within 5 years after the deposit, of his or her right to the
22deposit, the department shall direct the department of administration to draw its
23warrant in favor of the claimant and it shall charge the same to the appropriation
24made by s. 20.913 (3) (c).
AB100-engrossed,444,1
146.09 Purchases, bills, audits, payments. (intro.) Subject to s. 16.848:
AB100-engrossed,444,173
46.10
(14) (a) Except as provided in pars. (b) and (c), liability of a person
4specified in sub. (2) or s. 46.03 (18) for inpatient care and maintenance of persons
5under 18 years of age at community mental health centers, a county mental health
6complex under s. 51.08, the centers for the developmentally disabled, the Mendota
7Mental Health Institute, and the Winnebago Mental Health Institute or care and
8maintenance of persons under 18 years of age in residential, nonmedical facilities
9such as group homes, foster homes, treatment foster homes,
child caring institutions, 10subsidized guardianship homes, residential care centers for children and youth, and
11juvenile correctional institutions is determined in accordance with the cost-based
12fee established under s. 46.03 (18). The department shall bill the liable person up
13to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other
143rd-party benefits, subject to rules that include formulas governing ability to pay
15promulgated by the department under s. 46.03 (18). Any liability of the patient not
16payable by any other person terminates when the patient reaches age 18, unless the
17liable person has prevented payment by any act or omission.
AB100-engrossed,445,219
46.10
(14) (b) Except as provided in par. (c) and subject to par. (cm), liability
20of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the
21parent's minor child who has been placed by a court order under s. 48.355 or 48.357
22in a residential, nonmedical facility such as a group home, foster home, treatment
23foster home,
subsidized guardianship home, or residential care center for children
24and youth shall be determined by the court by using the percentage standard
25established by the department of workforce development under s. 49.22 (9) and by
1applying the percentage standard in the manner established by the department
2under s. 46.247.
AB100-engrossed,445,154
46.10
(16) The department shall delegate to county departments under ss.
551.42 and 51.437 or the local providers of care and services meeting the standards
6established by the department under s. 46.036, the responsibilities vested in the
7department under this section for collection of patient fees for services other than
8those provided at state facilities or those provided to children that are reimbursed
9under a waiver under s. 46.27 (11), 46.275,
or, 46.278
, or 46.2785 or a waiver
10requested under
2001 Wisconsin Act 16, section
9123 (16rs), or
2003 Wisconsin Act
1133, section
9124 (8c), if the county departments or providers meet the conditions that
12the department determines are appropriate. The department may delegate to
13county departments under ss. 51.42 and 51.437 the responsibilities vested in the
14department under this section for collection of patient fees for services provided at
15the state facilities if the necessary conditions are met.
AB100-engrossed,446,317
46.215
(2) (c) 1. A county department of social services shall develop, under the
18requirements of s. 46.036, plans and contracts for care and services to be purchased,
19except for care and services under subch. III of ch. 49 or s. 301.08 (2). The department
20of health and family services may review the contracts and approve them if they are
21consistent with s. 46.036 and if state or federal funds are available for such purposes.
22The joint committee on finance may require the department of health and family
23services to submit the contracts to the committee for review and approval. The
24department of health and family services may not make any payments to a county
25for programs included in a contract under review by the committee. The department
1of health and family services shall reimburse each county for the contracts from the
2appropriations under s. 20.435
(3) (o) and (7) (b) and (o), as appropriate, under s.
346.495.
AB100-engrossed,446,165
46.22
(1) (e) 3. a. A county department of social services shall develop, under
6the requirements of s. 46.036, plans and contracts for care and services, except under
7subch. III of ch. 49 and s. 301.08 (2), to be purchased. The department of health and
8family services may review the contracts and approve them if they are consistent
9with s. 46.036 and to the extent that state or federal funds are available for such
10purposes. The joint committee on finance may require the department of health and
11family services to submit the contracts to the committee for review and approval.
12The department of health and family services may not make any payments to a
13county for programs included in the contract that is under review by the committee.
14The department of health and family services shall reimburse each county for the
15contracts from the appropriations under s. 20.435
(3) (o) and (7) (b) and (o) according
16to s. 46.495.
AB100-engrossed,447,318
46.261
(1) (a) The child is living in a foster home or treatment foster home
19licensed under s. 48.62 if a license is required under that section, in a foster home
20or treatment foster home located within the boundaries of a federally recognized
21American Indian reservation in this state and licensed by the tribal governing body
22of the reservation, in a group home licensed under s. 48.625,
in a subsidized
23guardianship home under s. 48.62 (5), or in a residential care center for children and
24youth licensed under s. 48.60, and has been placed in the foster home, treatment
25foster home, group home,
subsidized guardianship home, or center by a county
1department under s. 46.215, 46.22
, or 46.23, by the department, or by a federally
2recognized American Indian tribal governing body in this state under an agreement
3with a county department under s. 46.215, 46.22
, or 46.23.
AB100-engrossed,447,195
46.261
(2) (a) 1. A nonrelative who cares for the dependent child in a foster
6home or treatment foster home having a license under s. 48.62, in a foster home or
7treatment foster home located within the boundaries of a federally recognized
8American Indian reservation in this state and licensed by the tribal governing body
9of the reservation or in a group home licensed under s. 48.625
, a subsidized guardian
10or interim caretaker under s. 48.62 (5) who cares for the dependent child, or a minor
11custodial parent who cares for the dependent child, regardless of the cause or
12prospective period of dependency. The state shall reimburse counties pursuant to the
13procedure under s. 46.495 (2) and the percentage rate of participation set forth in s.
1446.495 (1) (d) for aid granted under this section except that if the child does not have
15legal settlement in the granting county, state reimbursement shall be at 100%. The
16county department under s. 46.215 or 46.22 or the department under s. 48.48 (17)
17shall determine the legal settlement of the child. A child under one year of age shall
18be eligible for aid under this subsection irrespective of any other residence
19requirement for eligibility within this section.
AB100-engrossed,448,621
46.261
(2) (a) 3. A county or, in a county having a population of 500,000 or more,
22the department, when the child is placed in a licensed foster home, treatment foster
23home, group home, or residential care center for children and youth
or in a subsidized
24guardianship home by a licensed child welfare agency or by a federally recognized
25American Indian tribal governing body in this state or by its designee, if the child is
1in the legal custody of the county department under s. 46.215, 46.22
, or 46.23 or the
2department under s. 48.48 (17) or if the child was removed from the home of a
3relative, as defined under s. 48.02 (15), as a result of a judicial determination that
4continuance in the home of the relative would be contrary to the child's welfare for
5any reason and the placement is made pursuant to an agreement with the county
6department or the department.
AB100-engrossed,448,168
46.261
(2) (a) 4. A licensed foster home, treatment foster home, group home,
9or residential care center for children and youth
or a subsidized guardianship home 10when the child is in the custody or guardianship of the state, when the child is a ward
11of an American Indian tribal court in this state and the placement is made under an
12agreement between the department and the tribal governing body, or when the child
13was part of the state's direct service case load and was removed from the home of a
14relative, as defined under s. 48.02 (15), as a result of a judicial determination that
15continuance in the home of a relative would be contrary to the child's welfare for any
16reason and the child is placed by the department.
AB100-engrossed,449,218
46.261
(2) (b) Notwithstanding par. (a), aid under this section may not be
19granted for placement of a child in a foster home or treatment foster home licensed
20by a federally recognized American Indian tribal governing body, for placement of a
21child in a foster home, treatment foster home,
group home, subsidized guardianship
22home, or residential care center for children and youth by a tribal governing body or
23its designee,
or for the placement of a child who is a ward of a tribal court if the tribal
24governing body is receiving or is eligible to receive funds from the federal government
1for that type of placement
or for placement of a child in a group home licensed under
2s. 48.625.
AB100-engrossed,449,234
46.27
(5) (i) In the instances in which an individual who is provided long-term
5community support services under par. (b) for which the individual receives direct
6funding, serve directly as a fiscal agent or contract with a fiscal intermediary to serve
7as a fiscal agent for that individual for the purposes of performing the responsibilities
8and protecting the interests of the individual under the unemployment insurance
9law. The county department or aging unit may elect to act as a fiscal agent or contract
10with a fiscal intermediary to serve as a fiscal agent for an individual who is provided
11long-term support services under s. 46.275, 46.277, 46.278,
46.2785, 46.495, 51.42
, 12or 51.437. The fiscal agent under this paragraph is responsible for remitting any
13federal unemployment compensation taxes or state unemployment insurance
14contributions owed by the individual, including any interest and penalties which are
15owed by the individual; for serving as the representative of the individual in any
16investigation, meeting, hearing or appeal involving ch. 108 or the federal
17unemployment tax act (
26 USC 3301 to
3311) in which the individual is a party; and
18for receiving, reviewing, completing and returning all forms, reports and other
19documents required under ch. 108 or the federal unemployment tax act on behalf of
20the individual. An individual may make an informed, knowing and voluntary
21election to waive the right to a fiscal agent. The waiver may be as to all or any portion
22of the fiscal agent's responsibilities. The waiver may be rescinded in whole or in part
23at any time.
AB100-engrossed,450,9
146.27
(6r) (a) A person who is initially eligible for services under sub. (7) (b),
2for whom home and community-based services are available under sub. (11) or s.
346.275, 46.277
or, 46.278
, or 46.2785 that require less total expenditure of state funds
4than do comparable services under sub. (7) (b) and who is eligible for and offered the
5home and community-based services under sub. (11) or s. 46.275, 46.277
or, 46.278,
6or 46.2785, but who declines the offer, except that a county may use funds received
7under sub. (7) (b) to pay for long-term community support services for the person for
8a period of up to 90 days during which an application for services under sub. (11) or
9s. 46.275, 46.277
or, 46.278
, or 46.2785 for the person is processed.
AB100-engrossed,450,1512
46.275
(5) (b) 5. Provide residential services in any community-based
13residential facility, as defined in s. 50.01 (1g), or group home, as defined in s. 48.02
14(7) that has more than
4 8 beds
, unless the department approves the provision of
15services in a community-based residential facility or group home that has 5 to 8 beds.
AB100-engrossed,450,1817
46.277
(1m) (ag) "Delicensed" means deducted from the number of beds stated
18on a facility's license, as specified under s. 50.03 (4) (e).
AB100-engrossed,451,420
46.277
(5) (g) The department may provide enhanced reimbursement for
21services provided under this section to an individual
who has resided in a nursing
22home for at least 100 consecutive days and who is relocated to the community from
23a nursing home by a county department on or after
July 26, 2003 the effective date
24of this paragraph .... [revisor inserts date], if the
nursing home bed that was used by
25the individual is delicensed upon relocation of the individual
number of individuals
1served under this paragraph does not exceed the number of nursing home beds that
2are delicensed as part of plans submitted by nursing homes and approved by the
3department. The department shall develop and utilize a formula to determine the
4enhanced reimbursement rate.
AB100-engrossed,451,7
646.2785 Community Opportunities and Recovery Program. (1) 7Definitions. In this section:
AB100-engrossed,451,88
(a) "Nursing facility" has the meaning given in
42 USC 1396r (a).
AB100-engrossed,451,99
(b) "Serious mental illness" has the meaning given in
42 CFR 483.102 (b) (1).
AB100-engrossed,451,1210
(c) "Waiver program" means the Community Opportunities and Recovery
11Program for which a waiver has been requested under sub. (2) and granted under
42
12USC 1396n (c).
AB100-engrossed,451,20
13(2) Waiver request. The department may request a waiver from the secretary
14of the U.S. department of health and human services, under
42 USC 1396n (c),
15authorizing the department to serve in their communities medical assistance
16recipients who meet eligibility requirements specified in sub. (4) by providing them
17home or community-based services as part of the Medical Assistance program. If the
18department requests the waiver, it shall include all the assurances required under
1942 USC 1396n (c) (2) in the request. If the department receives the waiver, it may
20request an extension of the waiver under
42 USC 1396n (c).
AB100-engrossed,451,25
21(3) Contract for administration. If doing so is consistent with the waiver
22received by the department as specified in sub. (2), the department may contract with
23a county or a private agency to administer the waiver program. A private agency
24with which the department contracts shall have the powers and duties of a county
25under this section.
AB100-engrossed,452,4
1(4) Eligibility. Any medical assistance recipient who has a serious mental
2illness and meets the level of care requirements under s. 49.45 (6m) (i) for
3reimbursement of nursing home care under the Medical Assistance program is
4eligible to participate in the waiver program.
AB100-engrossed,452,7
5(5) Funding. (a) Medical assistance reimbursement for services a county or
6private agency contracts for or provides under the waiver program shall be made
7from the appropriation accounts under s. 20.435 (4) (b) and (o).
AB100-engrossed,452,128
(b) The department may, from the appropriation account under s. 20.435 (4) (o),
9reimburse a county for providing, or contracting to provide, services that cost more
10than the average annual per person rate established by the department, but less
11than the average amount approved by the federal government for the waiver
12program.
AB100-engrossed,452,2214
46.279
(4n) Contract for plan payment. The department and the county
15specified in sub. (4m) (a) shall negotiate a contract under which the department shall
16provide payment, from the appropriation account under s. 20.435 (4) (b), to
17implement a plan to provide care in a noninstitutional community setting to an
18individual who has established residence in the county in order to be admitted to an
19intermediate facility in the county. The contract may provide for the negotiation of
20a memorandum of understanding between the parties that identifies the relative
21functions and duties of the department and the county in implementing plans under
22sub. (4) for residents of intermediate facilities in the county.
AB100-engrossed, s. 872m
23Section 872m. 46.281 (1) (e) of the statutes is renumbered 46.281 (1) (e)
24(intro.) and amended to read:
AB100-engrossed,452,2525
46.281
(1) (e) (intro.) After June 30, 2001
, if:
AB100-engrossed,453,7
11. If the local long-term care council for the applicable area has developed the
2initial plan under s. 46.282 (3) (a) 1., contract with entities specified under par. (d)
3and, only if specifically authorized by the legislature and if the legislature
4appropriates necessary funding, contract as so authorized with one or more entities
5in addition to those specified in par. (d) certified as meeting requirements under s.
646.284 (3) for services of the entity as a care management organization
and one or
7more entities for services specified under s. 46.283 (3) and (4).
AB100-engrossed,453,229
46.281
(1) (e) 2. Contract with entities specified under par. (d) and other
10entities for the provision of services under s. 46.283 (3) and (4), except that after the
11effective date of this subdivision .... [revisor inserts date], the department shall notify
12the joint committee on finance in writing of any proposed contract with an entity that
13did not have a contract to provide services under s. 46.283 (3) and (4) before the
14effective date of this subdivision .... [revisor inserts date]. If the cochairpersons of
15the committee do not notify the department within 14 working days after the date
16of the department's notification that the committee has scheduled a meeting for the
17purpose of reviewing the proposed contract, the department may enter into the
18proposed contract. If within 14 working days after the date of the department's
19notification the cochairpersons of the committee notify the department that the
20committee has scheduled a meeting for the purpose of reviewing the proposed
21contract, the department may enter into the proposed contract only upon approval
22of the committee.
AB100-engrossed,454,224
46.283
(1) (a) (intro.)
After considering recommendations of the local
25long-term care council under s. 46.282 (3) (a) 1., a A county board of supervisors
1and, in a county with a county executive or a county administrator, the county
2executive or county administrator, may decide all of the following:
AB100-engrossed,454,84
46.283
(1) (b)
After considering recommendations of the local long-term care
5council under s. 46.282 (3) (a) 1., the The governing body of a tribe or band or of the
6Great Lakes Inter-Tribal Council, Inc., may decide whether to authorize a tribal
7agency to apply to the department for a contract to operate a resource center for tribal
8members and, if so, which client group to serve.
AB100-engrossed,454,1410
46.283
(1) (c)
Under the requirements of par. (a), a A county board of
11supervisors may decide to apply to the department for a contract to operate a
12multicounty resource center in conjunction with the county board or boards of one
13or more other counties or a county-tribal resource center in conjunction with the
14governing body of a tribe or band or the Great Lakes Inter-Tribal Council, Inc.
AB100-engrossed,454,2016
46.283
(1) (d)
Under the requirements of par. (b), the The governing body of a
17tribe or band may decide to apply to the department for a contract to operate a
18resource center in conjunction with the governing body or governing bodies of one or
19more other tribes or bands or the Great Lakes Inter-Tribal Council, Inc., or with a
20county board of supervisors.
AB100-engrossed,455,522
46.283
(2) (b) (intro.) After June 30, 2001, the department shall contract with
23the entities specified under s. 46.281 (1) (d) 1. and may,
if the applicable review
24conditions under s. 48.281 (1) (e) 2. are satisfied, in addition to contracting with these
25entities
and subject to approval of necessary funding, contract to operate a resource
1center with counties, family care districts, or the governing body of a tribe or band
2or the Great Lakes Inter-Tribal Council, Inc., under a joint application of any of
3these, or with a private nonprofit organization if the department determines that the
4organization has no significant connection to an entity that operates a care
5management organization and if any of the following applies:
AB100-engrossed,455,107
46.286
(1) (a) 2. b. Home and community-based waiver programs under
42
8USC 1396n (c), including
community integration program
a community integration
9program under s. 46.275, 46.277
, or 46.278
and the Community Opportunities and
10Recovery Program under s. 46.2785.
AB100-engrossed,455,1712
46.286
(3) (d) The department shall determine the date, which shall not be later
13than January 1,
2006 2008, on which par. (a) shall first apply to persons who are not
14eligible for medical assistance under ch. 49. Before the date determined by the
15department, persons who are not eligible for medical assistance may receive the
16family care benefit within the limits of state funds appropriated for this purpose and
17available federal funds.
AB100-engrossed,455,2419
46.2895
(1) (a) (intro.)
After considering recommendations of the local
20long-term care council under s. 46.282 (3) (a) 1., a A county board of supervisors may
21create a special purpose district that is termed a "family care district", that is a local
22unit of government, that is separate and distinct from, and independent of, the state
23and the county, and that has the powers and duties specified in this section, if the
24county board does all of the following:
AB100-engrossed,456,6
146.40
(1) (a) Within the limits of available federal funds and of the
2appropriations under s. 20.435
(3) (o) and (7) (b) and (o), the department shall
3distribute funds for community social, mental health, developmental disabilities,
4and alcohol and other drug abuse services and for services under ss. 46.51, 46.87,
546.985, and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42, and
651.437 and to county aging units, as provided in subs. (2), (2m), and (7) to (9).
AB100-engrossed,456,88
46.48
(11m) Female offender reintegration program. (a) In this subsection: