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:
AB100-engrossed,456,99
1. "Offender" has the meaning given in s. 304.16 (2) (i).
AB100-engrossed,456,1010
2. "Prisoner" has the meaning given in s. 301.01 (2).
AB100-engrossed,456,1511
(b) The department shall award not more than $83,800 in fiscal year 2005-06
12and not more than $106,400 in fiscal year 2006-07 as a grant to an organization or
13a group of organizations to provide services for female prisoners and offenders from
14Milwaukee County and their children, if the prisoners or offenders have been
15convicted of nonviolent crimes.
AB100-engrossed,456,1816
(c) The grant awardee under par. (b) shall provide at least all of the following
17for up to 6 months before a prisoner's release from prison and up to 2 years after
18release:
AB100-engrossed,456,2119
1. Screening, assessment, and treatment, including mental health and
20permanency services, for the prisoners or offenders to assist in their reintegration
21into the community.
AB100-engrossed,456,2322
2. At-risk assessments for all dependent children of female prisoners or
23offenders who receive services under subd. 1., and comprehensive support services.
AB100-engrossed,457,5
146.495
(1) (am) The department shall reimburse each county from the
2appropriations under s. 20.435
(3) (o) and (7) (b) and (o) for social services as
3approved by the department under ss. 46.215 (1), (2) (c) 1., and (3) and 46.22 (1) (b)
41. d. and (e) 3. a. except that no reimbursement may be made for the administration
5of or aid granted under s. 49.02.
AB100-engrossed,458,27
46.495
(1) (d) From the appropriations under s. 20.435
(3) (o) and (7) (b) and
8(o), the department shall distribute the funding for social services, including funding
9for foster care
or, treatment foster care
, or subsidized guardianship care of a child on
10whose behalf aid is received under s. 46.261, to county departments under ss. 46.215,
1146.22, and 46.23 as provided under s. 46.40. County matching funds are required for
12the distributions under s. 46.40 (2), (8), and (9) (b). Each county's required match for
13the distribution under s. 46.40 (2) shall be specified in a schedule established
14annually by the department of health and family services. Each county's required
15match for the distribution under s. 46.40 (8) for a year equals 9.89% of the total of
16the county's distributions under s. 46.40 (8) for that year for which matching funds
17are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats.,
18to spend for juvenile delinquency-related services from its distribution for 1987.
19Each county's required match for the distribution under s. 46.40 (9) (b) for a year
20equals 9.89% of that county's amounts described in s. 46.40 (9) (a) (intro.) for that
21year. Matching funds may be from county tax levies, federal and state revenue
22sharing funds, or private donations to the county that meet the requirements
23specified in s. 51.423 (5). Private donations may not exceed 25% of the total county
24match. If the county match is less than the amount required to generate the full
25amount of state and federal funds distributed for this period, the decrease in the
1amount of state and federal funds equals the difference between the required and the
2actual amount of county matching funds.
****Note: This is reconciled s. 46.495 (1) (d). This Section has been affected by
drafts with the following LRB #s: LRB-0084/2, LRB-0295/1, and LRB-0746/3.
AB100-engrossed,458,84
46.51
(4) A county may use the funds distributed under this section to fund
5additional foster parents
and, treatment foster parents
, and subsidized guardians
6or interim caretakers to care for abused and neglected children and to fund
7additional staff positions to provide services related to child abuse and neglect and
8to unborn child abuse.
AB100-engrossed,459,410
46.515
(2) Funds provided. If a county or Indian tribe applies and is selected
11by the department under sub. (5) to participate in the program under this section,
12the department shall award, from the appropriation under s. 20.435
(3) (de) (5) (ab),
13a grant annually to be used only for the purposes specified in sub. (4) (a) and (am).
14The minimum amount of a grant is $10,000. The department shall determine the
15amount of a grant awarded to a county, other than a county with a population of
16500,000 or more, or Indian tribe in excess of the minimum amount based on the
17number of births that are funded by medical assistance under subch. IV of ch. 49 in
18that county or the reservation of that Indian tribe in proportion to the number of
19births that are funded by medical assistance under subch. IV of ch. 49 in all of the
20counties and the reservations of all of the Indian tribes to which grants are awarded
21under this section. The department shall determine the amount of a grant awarded
22to a county with a population of 500,000 or more in excess of the minimum amount
23based on 60% of the number of births that are funded by medical assistance under
1subch. IV of ch. 49 in that county in proportion to the number of births that are
2funded by medical assistance under subch. IV of ch. 49 in all of the counties and the
3reservations of all of the Indian tribes to which grants are awarded under this
4section.
AB100-engrossed,459,17
646.52 Systems change grants. From the appropriation under s. 20.435 (7)
7(md), the department shall distribute funds to each grant recipient under this section
8so as to permit initial phasing in of recovery-oriented system changes, prevention
9and early intervention strategies, and consumer and family involvement for
10individuals with mental illness. At least 10% of the funds distributed shall be for
11children with mental illness.
The department shall eliminate the funding for a
12recipient at the end of a period of not more than 3 years in order to provide funding
13to benefit another recipient. The department shall require that community services
14that are developed under this section are continued, following termination of funding
15under this section, by use of savings made available from incorporating recovery,
16prevention and early intervention strategies, and consumer and family involvement
17in the services.
AB100-engrossed,459,2219
46.75
(2) (a) From the appropriation under s. 20.435
(3) (5) (dn), the
20department shall award grants to agencies to operate food distribution programs
21that qualify for participation in the emergency food assistance program under P.L.
2298-8, as amended.
AB100-engrossed,460,3
2446.77 Food distribution administration. From the appropriation under s.
2520.435
(3) (5) (dn), the department shall allocate funds to eligible recipient agencies,
1as defined in the emergency food assistance act, P.L.
98-8, section 201A, as amended,
2for the storage, transportation and distribution of commodities provided under the
3hunger prevention act of 1988, P.L.
100-435, as amended.
AB100-engrossed,460,115
46.81
(2) From the appropriation
account under s. 20.435 (7) (dh), the
6department shall allocate $2,298,400 in each fiscal year
and from the appropriation
7account under s. 20.435 (7) (kz) the department shall allocate $600,000 in fiscal year
82006-07 to aging units to provide benefit specialist services for older individuals.
9The department shall ensure that each aging unit receives funds and shall take into
10account the proportion of the state's population of low-income older individuals who
11reside in a county.
AB100-engrossed, s. 897r
12Section 897r. 46.81 (2) of the statutes, as affected by 2005 Wisconsin Act ....
13(this act), is amended to read:
AB100-engrossed,460,2014
46.81
(2) From the appropriation account under s. 20.435 (7) (dh), the
15department shall allocate $2,298,400 in each fiscal year
and from the appropriation
16account under s. 20.435 (7) (kz) the department shall allocate $600,000 in fiscal year
172006-07 to aging units to provide benefit specialist services for older individuals.
18The department shall ensure that each aging unit receives funds and shall take into
19account the proportion of the state's population of low-income older individuals who
20reside in a county.