AB100: Bill Text Engrossed

AB100-engrossed,448,16 46.261 (2) (a) 4. A licensed foster home, treatment foster home, group home, or residential care center for children and youth or a subsidized guardianship home when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body, or when the child was part of the state's direct service case load and was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department.

AB100-engrossed, s. 855 Section 855. 46.261 (2) (b) of the statutes is amended to read:

AB100-engrossed,449,2 46.261 (2) (b) Notwithstanding par. (a), aid under this section may not be granted for placement of a child in a foster home or treatment foster home licensed by a federally recognized American Indian tribal governing body, for placement of a child in a foster home, treatment foster home, group home, subsidized guardianship home, or residential care center for children and youth by a tribal governing body or its designee, or for the placement of a child who is a ward of a tribal court if the tribal governing body is receiving or is eligible to receive funds from the federal government for that type of placement or for placement of a child in a group home licensed under s. 48.625.

AB100-engrossed, s. 856 Section 856. 46.27 (5) (i) of the statutes is amended to read:

AB100-engrossed,449,23 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.

AB100-engrossed, s. 857 Section 857. 46.27 (6r) (a) of the statutes is amended to read:

AB100-engrossed,450,9 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.

AB100-engrossed, s. 862 Section 862. 46.27 (11) (a) of the statutes is repealed.

AB100-engrossed, s. 865m Section 865m. 46.275 (5) (b) 5. of the statutes is amended to read:

AB100-engrossed,450,15 46.275 (5) (b) 5. Provide residential services in any community-based residential facility, as defined in s. 50.01 (1g), or group home, as defined in s. 48.02 (7) that has more than 4 8 beds , unless the department approves the provision of services in a community-based residential facility or group home that has 5 to 8 beds.

AB100-engrossed, s. 868 Section 868. 46.277 (1m) (ag) of the statutes is created to read:

AB100-engrossed,450,18 46.277 (1m) (ag) "Delicensed" means deducted from the number of beds stated on a facility's license, as specified under s. 50.03 (4) (e).

AB100-engrossed, s. 869 Section 869. 46.277 (5) (g) of the statutes is amended to read:

AB100-engrossed,451,4 46.277 (5) (g) The department may provide enhanced reimbursement for services provided under this section to an individual who has resided in a nursing home for at least 100 consecutive days and who is relocated to the community from a nursing home by a county department on or after July 26, 2003 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 number of individuals served under this paragraph does not exceed the number of nursing home beds that are delicensed as part of plans submitted by nursing homes and approved by the department. The department shall develop and utilize a formula to determine the enhanced reimbursement rate.

AB100-engrossed, s. 872 Section 872. 46.2785 of the statutes is created to read:

AB100-engrossed,451,7 46.2785 Community Opportunities and Recovery Program. (1) Definitions. In this section:

AB100-engrossed,451,8 (a) "Nursing facility" has the meaning given in 42 USC 1396r (a).

AB100-engrossed,451,9 (b) "Serious mental illness" has the meaning given in 42 CFR 483.102 (b) (1).

AB100-engrossed,451,12 (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).

AB100-engrossed,451,20 (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).

AB100-engrossed,451,25 (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.

AB100-engrossed,452,4 (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.

AB100-engrossed,452,7 (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).

AB100-engrossed,452,12 (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.

AB100-engrossed, s. 872g Section 872g. 46.279 (4n) of the statutes is created to read:

AB100-engrossed,452,22 46.279 (4n) Contract for plan payment. The department and the county specified in sub. (4m) (a) shall negotiate a contract under which the department shall provide payment, from the appropriation account under s. 20.435 (4) (b), to implement a plan to provide care in a noninstitutional community setting to an individual who has established residence in the county in order to be admitted to an intermediate facility in the county. The contract may provide for the negotiation of a memorandum of understanding between the parties that identifies the relative functions and duties of the department and the county in implementing plans under sub. (4) for residents of intermediate facilities in the county.

AB100-engrossed, s. 872m Section 872m. 46.281 (1) (e) of the statutes is renumbered 46.281 (1) (e) (intro.) and amended to read:

AB100-engrossed,452,25 46.281 (1) (e) (intro.) After June 30, 2001, if:

AB100-engrossed,453,7 1. If the local long-term care council for the applicable area has developed the initial plan under s. 46.282 (3) (a) 1., contract with entities specified under par. (d) and, only if specifically authorized by the legislature and if the legislature appropriates necessary funding, contract as so authorized with one or more entities in addition to those specified in par. (d) certified as meeting requirements under s. 46.284 (3) for services of the entity as a care management organization and one or more entities for services specified under s. 46.283 (3) and (4).

AB100-engrossed, s. 872n Section 872n. 46.281 (1) (e) 2. of the statutes is created to read:

AB100-engrossed,453,22 46.281 (1) (e) 2. Contract with entities specified under par. (d) and other entities for the provision of services under s. 46.283 (3) and (4), except that after the effective date of this subdivision .... [revisor inserts date], the department shall notify the joint committee on finance in writing of any proposed contract with an entity that did not have a contract to provide services under s. 46.283 (3) and (4) before the effective date of this subdivision .... [revisor inserts date]. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting for the purpose of reviewing the proposed contract, the department may enter into the proposed contract. If within 14 working days after the date of the department's notification the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed contract, the department may enter into the proposed contract only upon approval of the committee.

AB100-engrossed, s. 872o Section 872o. 46.283 (1) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,454,2 46.283 (1) (a) (intro.) After considering recommendations of the local long-term care council under s. 46.282 (3) (a) 1., a A county board of supervisors and, in a county with a county executive or a county administrator, the county executive or county administrator, may decide all of the following:

AB100-engrossed, s. 872p Section 872p. 46.283 (1) (b) of the statutes is amended to read:

AB100-engrossed,454,8 46.283 (1) (b) After considering recommendations of the local long-term care council under s. 46.282 (3) (a) 1., the The governing body of a tribe or band or of the Great Lakes Inter-Tribal Council, Inc., may decide whether to authorize a tribal agency to apply to the department for a contract to operate a resource center for tribal members and, if so, which client group to serve.

AB100-engrossed, s. 872q Section 872q. 46.283 (1) (c) of the statutes is amended to read:

AB100-engrossed,454,14 46.283 (1) (c) Under the requirements of par. (a), a A county board of supervisors may decide to apply to the department for a contract to operate a multicounty resource center in conjunction with the county board or boards of one or more other counties or a county-tribal resource center in conjunction with the governing body of a tribe or band or the Great Lakes Inter-Tribal Council, Inc.

AB100-engrossed, s. 872r Section 872r. 46.283 (1) (d) of the statutes is amended to read:

AB100-engrossed,454,20 46.283 (1) (d) Under the requirements of par. (b), the The governing body of a tribe or band may decide to apply to the department for a contract to operate a resource center in conjunction with the governing body or governing bodies of one or more other tribes or bands or the Great Lakes Inter-Tribal Council, Inc., or with a county board of supervisors.

AB100-engrossed, s. 872s Section 872s. 46.283 (2) (b) (intro.) of the statutes is amended to read:

AB100-engrossed,455,5 46.283 (2) (b) (intro.) After June 30, 2001, the department shall contract with the entities specified under s. 46.281 (1) (d) 1. and may, if the applicable review conditions under s. 48.281 (1) (e) 2. are satisfied, in addition to contracting with these entities and subject to approval of necessary funding, contract to operate a resource center with counties, family care districts, or the governing body of a tribe or band or the Great Lakes Inter-Tribal Council, Inc., under a joint application of any of these, or with a private nonprofit organization if the department determines that the organization has no significant connection to an entity that operates a care management organization and if any of the following applies:

AB100-engrossed, s. 877 Section 877. 46.286 (1) (a) 2. b. of the statutes is amended to read:

AB100-engrossed,455,10 46.286 (1) (a) 2. b. Home and community-based waiver programs under 42 USC 1396n (c), including community integration program a community integration program under s. 46.275, 46.277, or 46.278 and the Community Opportunities and Recovery Program under s. 46.2785.

AB100-engrossed, s. 878 Section 878. 46.286 (3) (d) of the statutes is amended to read:

AB100-engrossed,455,17 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.

AB100-engrossed, s. 878m Section 878m. 46.2895 (1) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,455,24 46.2895 (1) (a) (intro.) After considering recommendations of the local long-term care council under s. 46.282 (3) (a) 1., a A county board of supervisors may create a special purpose district that is termed a "family care district", that is a local unit of government, that is separate and distinct from, and independent of, the state and the county, and that has the powers and duties specified in this section, if the county board does all of the following:

AB100-engrossed, s. 879 Section 879. 46.40 (1) (a) of the statutes is amended to read:

AB100-engrossed,456,6 46.40 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.435 (3) (o) and (7) (b) and (o), the department shall distribute funds for community social, mental health, developmental disabilities, and alcohol and other drug abuse services and for services under ss. 46.51, 46.87, 46.985, and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437 and to county aging units, as provided in subs. (2), (2m), and (7) to (9).

AB100-engrossed, s. 880 Section 880. 46.48 (11m) of the statutes is created to read:

AB100-engrossed,456,8 46.48 (11m) Female offender reintegration program. (a) In this subsection:

AB100-engrossed,456,9 1. "Offender" has the meaning given in s. 304.16 (2) (i).

AB100-engrossed,456,10 2. "Prisoner" has the meaning given in s. 301.01 (2).

AB100-engrossed,456,15 (b) The department shall award not more than $83,800 in fiscal year 2005-06 and not more than $106,400 in fiscal year 2006-07 as a grant to an organization or a group of organizations to provide services for female prisoners and offenders from Milwaukee County and their children, if the prisoners or offenders have been convicted of nonviolent crimes.

AB100-engrossed,456,18 (c) The grant awardee under par. (b) shall provide at least all of the following for up to 6 months before a prisoner's release from prison and up to 2 years after release:

AB100-engrossed,456,21 1. Screening, assessment, and treatment, including mental health and permanency services, for the prisoners or offenders to assist in their reintegration into the community.

AB100-engrossed,456,23 2. At-risk assessments for all dependent children of female prisoners or offenders who receive services under subd. 1., and comprehensive support services.

AB100-engrossed, s. 883 Section 883. 46.495 (1) (am) of the statutes is amended to read:

AB100-engrossed,457,5 46.495 (1) (am) The department shall reimburse each county from the appropriations under s. 20.435 (3) (o) and (7) (b) and (o) for social services as approved by the department under ss. 46.215 (1), (2) (c) 1., and (3) and 46.22 (1) (b) 1. d. and (e) 3. a. except that no reimbursement may be made for the administration of or aid granted under s. 49.02.

AB100-engrossed, s. 884 Section 884. 46.495 (1) (d) of the statutes is amended to read:

AB100-engrossed,458,2 46.495 (1) (d) From the appropriations under s. 20.435 (3) (o) and (7) (b) and (o), the department shall distribute the funding for social services, including funding for foster care or, treatment foster care, or subsidized guardianship care of a child on whose behalf aid is received under s. 46.261, to county departments under ss. 46.215, 46.22, and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2), (8), and (9) (b). Each county's required match for the distribution under s. 46.40 (2) shall be specified in a schedule established annually by the department of health and family services. Each county's required match for the distribution under s. 46.40 (8) for a year equals 9.89% of the total of the county's distributions under s. 46.40 (8) for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Each county's required match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that county's amounts described in s. 46.40 (9) (a) (intro.) for that year. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual 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, s. 885 Section 885. 46.51 (4) of the statutes is amended to read:

AB100-engrossed,458,8 46.51 (4) A county may use the funds distributed under this section to fund additional foster parents and, treatment foster parents, and subsidized guardians or interim caretakers to care for abused and neglected children and to fund additional staff positions to provide services related to child abuse and neglect and to unborn child abuse.

AB100-engrossed, s. 889 Section 889. 46.515 (2) of the statutes is amended to read:

AB100-engrossed,459,4 46.515 (2) Funds provided. If a county or Indian tribe applies and is selected by the department under sub. (5) to participate in the program under this section, the department shall award, from the appropriation under s. 20.435 (3) (de) (5) (ab), a grant annually to be used only for the purposes specified in sub. (4) (a) and (am). The minimum amount of a grant is $10,000. The department shall determine the amount of a grant awarded to a county, other than a county with a population of 500,000 or more, or Indian tribe in excess of the minimum amount based on the number of births that are funded by medical assistance under subch. IV of ch. 49 in that county or the reservation of that Indian tribe in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section. The department shall determine the amount of a grant awarded to a county with a population of 500,000 or more in excess of the minimum amount based on 60% of the number of births that are funded by medical assistance under subch. IV of ch. 49 in that county in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section.

AB100-engrossed, s. 895 Section 895. 46.52 of the statutes is amended to read:

AB100-engrossed,459,17 46.52 Systems change grants. From the appropriation under s. 20.435 (7) (md), the department shall distribute funds to each grant recipient under this section so as to permit initial phasing in of recovery-oriented system changes, prevention and early intervention strategies, and consumer and family involvement for individuals with mental illness. At least 10% of the funds distributed shall be for children with mental illness. The department shall eliminate the funding for a recipient at the end of a period of not more than 3 years in order to provide funding to benefit another recipient. The department shall require that community services that are developed under this section are continued, following termination of funding under this section, by use of savings made available from incorporating recovery, prevention and early intervention strategies, and consumer and family involvement in the services.

AB100-engrossed, s. 896 Section 896. 46.75 (2) (a) of the statutes is amended to read:

AB100-engrossed,459,22 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.

AB100-engrossed, s. 897 Section 897. 46.77 of the statutes is amended to read:

AB100-engrossed,460,3 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.

AB100-engrossed, s. 897p Section 897p. 46.81 (2) of the statutes is amended to read:

AB100-engrossed,460,11 46.81 (2) From the appropriation account under s. 20.435 (7) (dh), the department shall allocate $2,298,400 in each fiscal year and from the appropriation account under s. 20.435 (7) (kz) the department shall allocate $600,000 in fiscal year 2006-07 to aging units to provide benefit specialist services for older individuals. The department shall ensure that each aging unit receives funds and shall take into account the proportion of the state's population of low-income older individuals who reside in a county.

AB100-engrossed, s. 897r Section 897r. 46.81 (2) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is amended to read:

AB100-engrossed,460,20 46.81 (2) From the appropriation account under s. 20.435 (7) (dh), the department shall allocate $2,298,400 in each fiscal year and from the appropriation account under s. 20.435 (7) (kz) the department shall allocate $600,000 in fiscal year 2006-07 to aging units to provide benefit specialist services for older individuals. The department shall ensure that each aging unit receives funds and shall take into account the proportion of the state's population of low-income older individuals who reside in a county.

AB100-engrossed, s. 898 Section 898. 46.95 (2) (a) of the statutes is amended to read:

AB100-engrossed,461,2 46.95 (2) (a) The secretary shall make grants from the appropriations under s. 20.435 (3) (cd), and (hh) and (km) to organizations for the provision of any of the services specified in sub. (1) (d). Grants may be made to organizations which have provided those domestic abuse services in the past or to organizations which propose to provide those services in the future. No grant may be made to fund services for child or unborn child abuse or abuse of elderly persons.

AB100-engrossed, s. 898c Section 898c. 46.95 (2) (d) 1. of the statutes is repealed.

AB100-engrossed, s. 898e Section 898e. 46.95 (2) (d) 2. of the statutes is renumbered 46.95 (2) (d) and amended to read:

AB100-engrossed,461,11 46.95 (2) (d) Not more than 33 1/3% of the 30% of an organization's operating budget not funded by grants under this section may consist of the value of An organization that receives a grant under this section shall provide matching funds or in-kind contributions that are equal to 25 percent of the amount of the grant. The department shall establish guidelines regarding which contributions qualify as in-kind contributions.

AB100-engrossed, s. 899 Section 899. 46.95 (2) (f) (intro.) of the statutes is amended to read:

AB100-engrossed,461,14 46.95 (2) (f) (intro.) From the appropriations under s. 20.435 (3) (cd), and (hh) and (km), the department shall do all of the following:

AB100-engrossed, s. 900 Section 900. 46.95 (2) (f) 7. of the statutes is amended to read:

AB100-engrossed,461,20 46.95 (2) (f) 7. Award a grant of $25,000 grants in each fiscal year to each of 30 organizations to enhance support services. Funding may be used for such purposes as case management; children's programming; assisting victims of domestic abuse to find employment; and training in and activities promoting self-sufficiency.

AB100-engrossed, s. 901 Section 901. 46.95 (2) (f) 8. of the statutes is amended to read:

AB100-engrossed,462,2 46.95 (2) (f) 8. Award $200,000 in grants in each fiscal year to organizations for domestic abuse services for individuals who are members of underserved populations, including racial minority group members and individuals with mental illness or developmental disabilities. A grant to an organization may not exceed $60,000.

AB100-engrossed, s. 902 Section 902. 46.95 (2) (f) 9. of the statutes is amended to read:

AB100-engrossed,462,7 46.95 (2) (f) 9. Award a grant of $25,000 in fiscal year 1999-2000 and a grant of $50,000 in each fiscal year thereafter to the Wisconsin Coalition Against Domestic Violence for toward the cost of a staff person to provide assistance in obtaining legal services to domestic abuse victims.