AB100,459,176
46.215
(2) (c) 1. A county department of social services shall develop, under the
7requirements of s. 46.036, plans and contracts for care and services to be purchased,
8except for care and services under subch. III of ch. 49 or s. 301.08 (2). The department
9of health and family services may review the contracts and approve them if they are
10consistent with s. 46.036 and if state or federal funds are available for such purposes.
11The joint committee on finance may require the department of health and family
12services to submit the contracts to the committee for review and approval. The
13department of health and family services may not make any payments to a county
14for programs included in a contract under review by the committee. The department
15of health and family services shall reimburse each county for the contracts from the
16appropriations under s. 20.435
(3) (o) and (7) (b) and (o), as appropriate, under s.
1746.495.
AB100, s. 850
18Section
850. 46.22 (1) (e) 3. a. of the statutes is amended to read:
AB100,460,519
46.22
(1) (e) 3. a. A county department of social services shall develop, under
20the requirements of s. 46.036, plans and contracts for care and services, except under
21subch. III of ch. 49 and s. 301.08 (2), to be purchased. The department of health and
22family services may review the contracts and approve them if they are consistent
23with s. 46.036 and to the extent that state or federal funds are available for such
24purposes. The joint committee on finance may require the department of health and
25family services to submit the contracts to the committee for review and approval.
1The department of health and family services may not make any payments to a
2county for programs included in the contract that is under review by the committee.
3The department of health and family services shall reimburse each county for the
4contracts from the appropriations under s. 20.435
(3) (o) and (7) (b) and (o) according
5to s. 46.495.
AB100, s. 851
6Section
851. 46.261 (1) (a) of the statutes is amended to read:
AB100,460,177
46.261
(1) (a) The child is living in a foster home or treatment foster home
8licensed under s. 48.62 if a license is required under that section, in a foster home
9or treatment foster home located within the boundaries of a federally recognized
10American Indian reservation in this state and licensed by the tribal governing body
11of the reservation, in a group home licensed under s. 48.625,
in a subsidized
12guardianship home under s. 48.62 (5), or in a residential care center for children and
13youth licensed under s. 48.60, and has been placed in the foster home, treatment
14foster home, group home,
subsidized guardianship home, or center by a county
15department under s. 46.215, 46.22
, or 46.23, by the department, or by a federally
16recognized American Indian tribal governing body in this state under an agreement
17with a county department under s. 46.215, 46.22
, or 46.23.
AB100, s. 852
18Section
852. 46.261 (2) (a) 1. of the statutes is amended to read:
AB100,461,819
46.261
(2) (a) 1. A nonrelative who cares for the dependent child in a foster
20home or treatment foster home having a license under s. 48.62, in a foster home or
21treatment foster home located within the boundaries of a federally recognized
22American Indian reservation in this state and licensed by the tribal governing body
23of the reservation or in a group home licensed under s. 48.625
, a subsidized guardian
24or interim caretaker under s. 48.62 (5) who cares for the dependent child, or a minor
25custodial parent who cares for the dependent child, regardless of the cause or
1prospective period of dependency. The state shall reimburse counties pursuant to the
2procedure under s. 46.495 (2) and the percentage rate of participation set forth in s.
346.495 (1) (d) for aid granted under this section except that if the child does not have
4legal settlement in the granting county, state reimbursement shall be at 100%. The
5county department under s. 46.215 or 46.22 or the department under s. 48.48 (17)
6shall determine the legal settlement of the child. A child under one year of age shall
7be eligible for aid under this subsection irrespective of any other residence
8requirement for eligibility within this section.
AB100, s. 853
9Section
853. 46.261 (2) (a) 3. of the statutes is amended to read:
AB100,461,2010
46.261
(2) (a) 3. A county or, in a county having a population of 500,000 or more,
11the department, when the child is placed in a licensed foster home, treatment foster
12home, group home, or residential care center for children and youth
or in a subsidized
13guardianship home by a licensed child welfare agency or by a federally recognized
14American Indian tribal governing body in this state or by its designee, if the child is
15in the legal custody of the county department under s. 46.215, 46.22
, or 46.23 or the
16department under s. 48.48 (17) or if the child was removed from the home of a
17relative, as defined under s. 48.02 (15), as a result of a judicial determination that
18continuance in the home of the relative would be contrary to the child's welfare for
19any reason and the placement is made pursuant to an agreement with the county
20department or the department.
AB100, s. 854
21Section
854. 46.261 (2) (a) 4. of the statutes is amended to read:
AB100,462,522
46.261
(2) (a) 4. A licensed foster home, treatment foster home, group home,
23or residential care center for children and youth
or a subsidized guardianship home 24when the child is in the custody or guardianship of the state, when the child is a ward
25of an American Indian tribal court in this state and the placement is made under an
1agreement between the department and the tribal governing body, or when the child
2was part of the state's direct service case load and 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 a relative would be contrary to the child's welfare for any
5reason and the child is placed by the department.
AB100, s. 855
6Section
855. 46.261 (2) (b) of the statutes is amended to read:
AB100,462,157
46.261
(2) (b) Notwithstanding par. (a), aid under this section may not be
8granted for placement of a child in a foster home or treatment foster home licensed
9by a federally recognized American Indian tribal governing body, for placement of a
10child in a foster home, treatment foster home,
group home, subsidized guardianship
11home, or residential care center for children and youth by a tribal governing body or
12its designee,
or for the placement of a child who is a ward of a tribal court if the tribal
13governing body is receiving or is eligible to receive funds from the federal government
14for that type of placement
or for placement of a child in a group home licensed under
15s. 48.625.
AB100, s. 856
16Section
856. 46.27 (5) (i) of the statutes is amended to read:
AB100,463,1117
46.27
(5) (i) In the instances in which an individual who is provided long-term
18community support services under par. (b) for which the individual receives direct
19funding, serve directly as a fiscal agent or contract with a fiscal intermediary to serve
20as a fiscal agent for that individual for the purposes of performing the responsibilities
21and protecting the interests of the individual under the unemployment insurance
22law. The county department or aging unit may elect to act as a fiscal agent or contract
23with a fiscal intermediary to serve as a fiscal agent for an individual who is provided
24long-term support services under s. 46.275, 46.277, 46.278,
46.2785, 46.495, 51.42
, 25or 51.437. The fiscal agent under this paragraph is responsible for remitting any
1federal unemployment compensation taxes or state unemployment insurance
2contributions owed by the individual, including any interest and penalties which are
3owed by the individual; for serving as the representative of the individual in any
4investigation, meeting, hearing or appeal involving ch. 108 or the federal
5unemployment tax act (
26 USC 3301 to
3311) in which the individual is a party; and
6for receiving, reviewing, completing and returning all forms, reports and other
7documents required under ch. 108 or the federal unemployment tax act on behalf of
8the individual. An individual may make an informed, knowing and voluntary
9election to waive the right to a fiscal agent. The waiver may be as to all or any portion
10of the fiscal agent's responsibilities. The waiver may be rescinded in whole or in part
11at any time.
AB100, s. 857
12Section
857. 46.27 (6r) (a) of the statutes is amended to read:
AB100,463,2113
46.27
(6r) (a) A person who is initially eligible for services under sub. (7) (b),
14for whom home and community-based services are available under sub. (11) or s.
1546.275, 46.277
or, 46.278
, or 46.2785 that require less total expenditure of state funds
16than do comparable services under sub. (7) (b) and who is eligible for and offered the
17home and community-based services under sub. (11) or s. 46.275, 46.277
or, 46.278,
18or 46.2785, but who declines the offer, except that a county may use funds received
19under sub. (7) (b) to pay for long-term community support services for the person for
20a period of up to 90 days during which an application for services under sub. (11) or
21s. 46.275, 46.277
or, 46.278
, or 46.2785 for the person is processed.
AB100, s. 858
22Section
858. 46.27 (9) (a) of the statutes is amended to read:
AB100,464,623
46.27
(9) (a) The department may select up to 5 counties that volunteer to
24participate in a pilot project under which they will receive certain funds allocated for
25long-term care. The department shall allocate a level of funds to these counties
1equal to the amount that would otherwise be paid under s. 20.435 (4) (b), (gp),
(r), (rg), 2or (w) to nursing homes for providing care because of increased utilization of nursing
3home services, as estimated by the department. In estimating these levels, the
4department shall exclude any increased utilization of services provided by state
5centers for the developmentally disabled. The department shall calculate these
6amounts on a calendar year basis under sub. (10).
AB100, s. 859
7Section
859
. 46.27 (9) (a) of the statutes, as affected by 2005 Wisconsin Act ....
8(this act), is amended to read:
AB100,464,179
46.27
(9) (a) The department may select up to 5 counties that volunteer to
10participate in a pilot project under which they will receive certain funds allocated for
11long-term care. The department shall allocate a level of funds to these counties
12equal to the amount that would otherwise be paid under s. 20.435 (4) (b), (gp), (r),
(rg), 13or (w) to nursing homes for providing care because of increased utilization of nursing
14home services, as estimated by the department. In estimating these levels, the
15department shall exclude any increased utilization of services provided by state
16centers for the developmentally disabled. The department shall calculate these
17amounts on a calendar year basis under sub. (10).
AB100, s. 860
18Section
860. 46.27 (10) (a) 1. of the statutes is amended to read:
AB100,464,2419
46.27
(10) (a) 1. The department shall determine for each county participating
20in the pilot project under sub. (9) a funding level of state medical assistance
21expenditures to be received by the county. This level shall equal the amount that the
22department determines would otherwise be paid under s. 20.435 (4) (b), (gp),
(r), (rg), 23or (w) because of increased utilization of nursing home services, as estimated by the
24department.
AB100, s. 861
1Section
861
. 46.27 (10) (a) 1. of the statutes, as affected by 2005 Wisconsin Act
2.... (this act), is amended to read:
AB100,465,83
46.27
(10) (a) 1. The department shall determine for each county participating
4in the pilot project under sub. (9) a funding level of state medical assistance
5expenditures to be received by the county. This level shall equal the amount that the
6department determines would otherwise be paid under s. 20.435 (4) (b), (gp), (r),
(rg), 7or (w) because of increased utilization of nursing home services, as estimated by the
8department.
AB100, s. 862
9Section
862. 46.27 (11) (a) of the statutes is repealed.
AB100, s. 863
10Section
863. 46.275 (5) (a) of the statutes is amended to read:
AB100,465,1611
46.275
(5) (a) Medical Assistance reimbursement for services a county, or the
12department under sub. (3r), provides under this program is available from the
13appropriation accounts under s. 20.435 (4) (b), (gp), (o),
(r), (rg), and (w). If 2 or more
14counties jointly contract to provide services under this program and the department
15approves the contract, Medical Assistance reimbursement is also available for
16services provided jointly by these counties.
AB100, s. 864
17Section
864
. 46.275 (5) (a) of the statutes, as affected by 2005 Wisconsin Act
18.... (this act), is amended to read:
AB100,465,2419
46.275
(5) (a) Medical Assistance reimbursement for services a county, or the
20department under sub. (3r), provides under this program is available from the
21appropriation accounts under s. 20.435 (4) (b), (gp), (o), (r),
(rg), and (w). If 2 or more
22counties jointly contract to provide services under this program and the department
23approves the contract, Medical Assistance reimbursement is also available for
24services provided jointly by these counties.
AB100, s. 865
25Section
865. 46.275 (5) (b) 1. of the statutes is amended to read:
AB100,466,2
146.275
(5) (b) 1. Purchase land or construct buildings
, unless the purchase or
2construction is determined necessary by the department.
AB100, s. 866
3Section
866. 46.275 (5) (c) of the statutes is amended to read:
AB100,466,104
46.275
(5) (c) The total allocation under s. 20.435 (4) (b), (gp), (o),
(r), (rg), and
5(w) to counties and to the department under sub. (3r) for services provided under this
6section may not exceed the amount approved by the federal department of health and
7human services. A county may use funds received under this section only to provide
8services to persons who meet the requirements under sub. (4) and may not use
9unexpended funds received under this section to serve other developmentally
10disabled persons residing in the county.
AB100, s. 867
11Section
867
. 46.275 (5) (c) of the statutes, as affected by 2005 Wisconsin Act
12.... (this act), is amended to read:
AB100,466,1913
46.275
(5) (c) The total allocation under s. 20.435 (4) (b), (gp), (o), (r),
(rg), and
14(w) to counties and to the department under sub. (3r) for services provided under this
15section may not exceed the amount approved by the federal department of health and
16human services. A county may use funds received under this section only to provide
17services to persons who meet the requirements under sub. (4) and may not use
18unexpended funds received under this section to serve other developmentally
19disabled persons residing in the county.
AB100, s. 868
20Section
868. 46.277 (1m) (ag) of the statutes is created to read:
AB100,466,2221
46.277
(1m) (ag) "Delicensed" means deducted from the number of beds stated
22on a facility's license, as specified under s. 50.03 (4) (e).
AB100, s. 869
23Section
869. 46.277 (5) (g) of the statutes is amended to read:
AB100,467,724
46.277
(5) (g) The department may provide enhanced reimbursement for
25services provided under this section to an individual who is relocated to the
1community from a nursing home by a county department on or after
July 26, 2003 2the effective date of this paragraph .... [revisor inserts date], if the
nursing home bed
3that was used by the individual is delicensed upon relocation of the individual 4number of individuals served under this paragraph does not exceed the number of
5nursing home beds that are delicensed as part of plans submitted by nursing homes
6and approved by the department. The department shall develop and utilize a
7formula to determine the enhanced reimbursement rate.
AB100, s. 870
8Section
870. 46.278 (6) (d) of the statutes is amended to read:
AB100,467,149
46.278
(6) (d) If a county makes available nonfederal funds equal to the state
10share of service costs under a waiver received under sub. (3), the department may,
11from the appropriation under s. 20.435 (4) (o), provide reimbursement for services
12that the county provides under this section to persons who are in addition to those
13who may be served under this section with funds from the appropriation under s.
1420.435 (4) (b)
, (r), (rg), or (w).
AB100, s. 871
15Section
871
. 46.278 (6) (d) of the statutes, as affected by 2005 Wisconsin Act
16.... (this act), is amended to read:
AB100,467,2217
46.278
(6) (d) If a county makes available nonfederal funds equal to the state
18share of service costs under a waiver received under sub. (3), the department may,
19from the appropriation under s. 20.435 (4) (o), provide reimbursement for services
20that the county provides under this section to persons who are in addition to those
21who may be served under this section with funds from the appropriation under s.
2220.435 (4) (b), (r),
(rg), or (w).
AB100, s. 872
23Section
872. 46.2785 of the statutes is created to read:
AB100,467,25
2446.2785 Community Opportunities and Recovery Program. (1) 25Definitions. In this section:
AB100,468,1
1(a) "Nursing facility" has the meaning given in
42 USC 1396r (a).
AB100,468,22
(b) "Serious mental illness" has the meaning given in
42 CFR 483.102 (b) (1).
AB100,468,53
(c) "Waiver program" means the Community Opportunities and Recovery
4Program for which a waiver has been requested under sub. (2) and granted under
42
5USC 1396n (c).
AB100,468,13
6(2) Waiver request. The department may request a waiver from the secretary
7of the U.S. department of health and human services, under
42 USC 1396n (c),
8authorizing the department to serve in their communities medical assistance
9recipients who meet eligibility requirements specified in sub. (4) by providing them
10home or community-based services as part of the Medical Assistance program. If the
11department requests the waiver, it shall include all the assurances required under
1242 USC 1396n (c) (2) in the request. If the department receives the waiver, it may
13request an extension of the waiver under
42 USC 1396n (c).
AB100,468,18
14(3) Contract for administration. If doing so is consistent with the waiver
15received by the department as specified in sub. (2), the department may contract with
16a county or a private agency to administer the waiver program. A private agency
17with which the department contracts shall have the powers and duties of a county
18under this section.
AB100,468,22
19(4) Eligibility. Any medical assistance recipient who has a serious mental
20illness and meets the level of care requirements under s. 49.45 (6m) (i) for
21reimbursement of nursing home care under the Medical Assistance program is
22eligible to participate in the waiver program.
AB100,468,25
23(5) Funding. (a) Medical assistance reimbursement for services a county or
24private agency contracts for or provides under the waiver program shall be made
25from the appropriation accounts under s. 20.435 (4) (b) and (o).
AB100,469,5
1(b) The department may, from the appropriation account under s. 20.435 (4) (o),
2reimburse a county for providing, or contracting to provide, services that cost more
3than the average annual per person rate established by the department, but less
4than the average amount approved by the federal government for the waiver
5program.
AB100, s. 873
6Section
873. 46.283 (5) of the statutes is amended to read:
AB100,469,117
46.283
(5) Funding. From the appropriation accounts under s. 20.435 (4) (b),
8(bm), (gp), (pa),
(r), (rg), and (w) and (7) (b), (bd), and (md), the department may
9contract with organizations that meet standards under sub. (3) for performance of
10the duties under sub. (4) and shall distribute funds for services provided by resource
11centers.
AB100, s. 874
12Section
874
. 46.283 (5) of the statutes, as affected by 2005 Wisconsin Act ....
13(this act), is amended to read:
AB100,469,1814
46.283
(5) Funding. From the appropriation accounts under s. 20.435 (4) (b),
15(bm), (gp), (pa), (r),
(rg), and (w) and (7) (b), (bd), and (md), the department may
16contract with organizations that meet standards under sub. (3) for performance of
17the duties under sub. (4) and shall distribute funds for services provided by resource
18centers.
AB100, s. 875
19Section
875. 46.284 (5) (a) of the statutes is amended to read:
AB100,470,220
46.284
(5) (a) From the appropriation accounts under s. 20.435 (4) (b), (g), (gp),
21(im), (o),
(r), (rg), and (w) and (7) (b) and (bd), the department shall provide funding
22on a capitated payment basis for the provision of services under this section.
23Notwithstanding s. 46.036 (3) and (5m), a care management organization that is
24under contract with the department may expend the funds, consistent with this
1section, including providing payment, on a capitated basis, to providers of services
2under the family care benefit.
AB100, s. 876
3Section
876
. 46.284 (5) (a) of the statutes, as affected by 2005 Wisconsin Act
4.... (this act), is amended to read:
AB100,470,115
46.284
(5) (a) From the appropriation accounts under s. 20.435 (4) (b), (g), (gp),
6(im), (o), (r),
(rg), and (w) and (7) (b) and (bd), the department shall provide funding
7on a capitated payment basis for the provision of services under this section.
8Notwithstanding s. 46.036 (3) and (5m), a care management organization that is
9under contract with the department may expend the funds, consistent with this
10section, including providing payment, on a capitated basis, to providers of services
11under the family care benefit.
AB100, s. 877
12Section
877. 46.286 (1) (a) 2. b. of the statutes is amended to read:
AB100,470,1613
46.286
(1) (a) 2. b. Home and community-based waiver programs under
42
14USC 1396n (c), including
community integration program
Community Integration
15Program under s. 46.275, 46.277
, or 46.278
and the Community Opportunities and
16Recovery Program under s. 46.2785.
AB100, s. 878
17Section
878. 46.286 (3) (d) of the statutes is amended to read:
AB100,470,2318
46.286
(3) (d) The department shall determine the date, which shall not be later
19than January 1,
2006 2008, on which par. (a) shall first apply to persons who are not
20eligible for medical assistance under ch. 49. Before the date determined by the
21department, persons who are not eligible for medical assistance may receive the
22family care benefit within the limits of state funds appropriated for this purpose and
23available federal funds.
AB100, s. 879
24Section
879. 46.40 (1) (a) of the statutes is amended to read:
AB100,471,6
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, s. 880
7Section
880. 46.48 (11m) of the statutes is created to read:
AB100,471,88
46.48
(11m) Female offender reintegration program. (a) In this subsection:
AB100,471,99
1. "Offender" has the meaning given in s. 304.16 (2) (i).
AB100,471,1010
2. "Prisoner" has the meaning given in s. 301.01 (2).
AB100,471,1511
(b) The department shall award not more than $139,100 in fiscal year 2005-06
12and not more than $140,000 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.
AB100,471,1816
(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:
AB100,471,2119
1. Screening, assessment, and treatment, including mental health and
20permanency services, for the prisoners or offenders to assist in their reintegration
21into the community.
AB100,471,2322
2. At-risk assessments for all dependent children of female prisoners or
23offenders who receive services under subd. 1., and comprehensive support services.
AB100, s. 881
24Section
881. 46.481 of the statutes is renumbered 46.481 (1m).
AB100, s. 882
25Section
882. 46.481 (2m) of the statutes is created to read:
AB100,472,10
146.481
(2m) From the appropriation under s. 20.435 (6) (gb), the department
2shall award not more than $57,500 in fiscal year 2005-06 and not more than
3$229,800 in fiscal year 2006-07 as grants for up to 3 years to counties with
4populations of less than 500,000 and to tribal governing bodies to demonstrate
5collaboration between a county department under s. 46.23 and a tribal agency in a
6county or among county departments under ss. 46.22 and 51.42 and tribal agencies
7in a county for intervention for the mental health and substance abuse screening,
8assessment, and treatment of children who have been abused or neglected and their
9parents for whom the county departments and tribal agencies determine there is a
10need to provide services.
AB100, s. 883
11Section
883. 46.495 (1) (am) of the statutes is amended to read:
AB100,472,1612
46.495
(1) (am) The department shall reimburse each county from the
13appropriations under s. 20.435
(3) (o) and (7) (b) and (o) for social services as
14approved by the department under ss. 46.215 (1), (2) (c) 1., and (3) and 46.22 (1) (b)
151. d. and (e) 3. a. except that no reimbursement may be made for the administration
16of or aid granted under s. 49.02.
AB100, s. 884
17Section
884. 46.495 (1) (d) of the statutes is amended to read:
AB100,473,1318
46.495
(1) (d) From the appropriations under s. 20.435
(3) (o) and (7) (b) and
19(o), the department shall distribute the funding for social services, including funding
20for foster care
or, treatment foster care
, or subsidized guardianship care of a child on
21whose behalf aid is received under s. 46.261, to county departments under ss. 46.215,
2246.22, and 46.23 as provided under s. 46.40. County matching funds are required for
23the distributions under s. 46.40 (2), (8), and (9) (b). Each county's required match for
24the distribution under s. 46.40 (2) shall be specified in a schedule established
25annually by the department of health and family services. Each county's required
1match for the distribution under s. 46.40 (8) for a year equals 9.89% of the total of
2the county's distributions under s. 46.40 (8) for that year for which matching funds
3are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats.,
4to spend for juvenile delinquency-related services from its distribution for 1987.
5Each county's required match for the distribution under s. 46.40 (9) (b) for a year
6equals 9.89% of that county's amounts described in s. 46.40 (9) (a) (intro.) for that
7year. Matching funds may be from county tax levies, federal and state revenue
8sharing funds, or private donations to the county that meet the requirements
9specified in s. 51.423 (5). Private donations may not exceed 25% of the total county
10match. If the county match is less than the amount required to generate the full
11amount of state and federal funds distributed for this period, the decrease in the
12amount of state and federal funds equals the difference between the required and the
13actual amount of county matching funds.
AB100, s. 885
14Section
885. 46.51 (4) of the statutes is amended to read:
AB100,473,1915
46.51
(4) A county may use the funds distributed under this section to fund
16additional foster parents
and, treatment foster parents
, and subsidized guardians
17or interim caretakers to care for abused and neglected children and to fund
18additional staff positions to provide services related to child abuse and neglect and
19to unborn child abuse.
AB100, s. 887
21Section
887. 46.515 (1) (i) of the statutes is repealed.
AB100, s. 888
22Section
888. 46.515 (1) (j) of the statutes is repealed.