46.283 (1) (a) 2. Whether to create a family long-term care district to apply to the department for a contract to operate a resource center.
20,979
Section
979. 46.283 (2) (a) of the statutes is repealed.
20,980
Section
980. 46.283 (2) (b) of the statutes is renumbered 46.283 (2), and 46.283 (2) (intro.) and (b), as renumbered, are amended to read:
46.283 (2) (intro.) After June 30, 2001, the The department may, if the applicable review conditions under s. 46.281 (1) (e) 2. are satisfied, contract to operate a resource center with counties, family long-term 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:
(b) A county agency or a family long-term care district applies for a contract but fails to meet the standards specified in sub. (3).
20,981
Section
981. 46.283 (3) (h) of the statutes is repealed.
20,982
Section
982. 46.283 (3) (i) of the statutes is repealed.
20,983
Section
983. 46.283 (3) (k) of the statutes is amended to read:
46.283
(3) (k) A determination of eligibility for state supplemental payments under s. 49.77, medical assistance under s. 49.46, 49.468
or, 49.47
, or 49.471, or the federal food stamp program under
7 USC 2011 to
2029.
20,984
Section
984. 46.283 (4) (e) of the statutes is amended to read:
46.283 (4) (e) Within 6 months after the family care benefit is available to all eligible persons in the area of the resource center, provide Provide information about the services of the resource center, including the services specified in sub. (3) (d), about assessments under s. 46.284 (4) (b) and care plans under s. 46.284 (4) (c) and about the family care benefit to all older persons and persons with a physical disability who are residents of nursing homes, community-based residential facilities, adult family homes and residential care apartment complexes in the area of the resource center.
20,985
Section
985. 46.283 (4) (f) of the statutes is amended to read:
46.283 (4) (f) Provide Perform a functional screening and a financial screen to and cost-sharing screening for any resident, as specified in par. (e), who requests a screen screening and assist any resident who is eligible and chooses to enroll in a care management organization to do so.
20,986
Section
986. 46.283 (4) (g) of the statutes is amended to read:
46.283 (4) (g) Provide Perform a functional screening and a financial screen to
and cost-sharing screening for any person seeking admission to a nursing home, community-based residential facility, residential care apartment complex, or adult family home if the secretary has certified that the resource center is available to the person and the facility and the person is determined by the resource center to have a condition that is expected to last at least 90 days that would require care, assistance, or supervision. A resource center may not require a financial screen and cost-sharing screening for a person seeking admission or about to be admitted on a private pay basis who waives the requirement for a financial screen and cost-sharing screening under this paragraph, unless the person is expected to become eligible for medical assistance within 6 months. A resource center need not provide perform a functional
screen for screening for a person seeking admission or about to be admitted who has received a screen for whom a functional eligibility under s. 46.286 (1) (a) screening was performed within the previous 6 months.
20,987
Section
987. 46.283 (4) (j) of the statutes is created to read:
46.283 (4) (j) Target any outreach, education, and prevention services it provides and any service development efforts it conducts on the basis of findings made by the governing board of the resource center under sub. (6) (b) 2. and 3.
20,989
Section
989. 46.283 (6) of the statutes is amended to read:
46.283 (6) Governing board. (a) 1. A resource center shall have a governing board that reflects the ethnic and economic diversity of the geographic area served by the resource center.
2. At least one-fourth of the members of the governing board shall be older persons or persons with physical or developmental disabilities individuals who belong to a client group served by the resource center or their family members, guardians, or other advocates. The proportion of these board members who belong to each client group, or their family members, guardians, or advocates, shall be the same, respectively, as the proportion of individuals in this state who receive services under s. 46.2805 to 46.2895 and belong to each client group.
20,990
Section
990. 46.283 (6) (a) 3. of the statutes is created to read:
46.283
(6) (a) 3. An individual who has a financial interest in, or serves on the governing board of, a care management organization or an organization that administers a program described under s. 46.2805 (1) (a) or (b) or a managed care program under s. 49.45 for individuals who are eligible to receive supplemental security income under
42 USC 1381 to
1383c, which serves any geographic area also served by a resource center, and the individual's family members, may not serve as members of the governing board of the resource center.
20,991
Section
991. 46.283 (6) (b) of the statutes is created to read:
46.283 (6) (b) The governing board of a resource center shall do all of the following:
1. Determine the structure, policies, and procedures of, and oversee the operations of, the resource center. The operations of a resource center that is operated by a county are subject to the county's ordinances and budget.
2. Annually gather information from consumers and providers of long-term care services and other interested persons concerning the adequacy of long-term care services offered in the area served by the resource center. The board shall provide well-advertised opportunities for persons to participate in the board's information gathering activities conducted under this subdivision.
4. Report findings made under subds. 2. and 3. to the applicable regional long-term care advisory committee.
5. Recommend strategies for building local capacity to serve older persons and persons with physical or developmental disabilities, as appropriate, to local elected officials, the regional long-term care advisory committee, or the department.
7. Appoint members to the regional long-term care advisory committee, as provided under s. 46.2825 (1).
20,992
Section
992. 46.284 (1) (a) (intro.) of the statutes is amended to read:
46.284 (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:
20,993
Section
993. 46.284 (1) (a) 2. of the statutes is amended to read:
46.284 (1) (a) 2. Whether to create a family long-term care district to apply to the department for a contract to operate a care management organization.
20,994
Section
994. 46.284 (2) (b) (intro.) of the statutes is repealed.
20,995
Section
995. 46.284 (2) (b) 1. of the statutes is repealed.
20,996
Section
996. 46.284 (2) (b) 2. of the statutes is repealed.
20,997
Section
997. 46.284 (2) (b) 3. of the statutes is renumbered 46.284 (2) (bm) and amended to read:
46.284 (2) (bm) After December 31, 2003, the The department may contract with counties, family long-term care districts, the governing body of a tribe or band or the Great Lakes inter-tribal council, inc., or under a joint application of any of these, or with a private organization that has no significant connection to an entity that operates a resource center. Proposals for contracts under this subdivision shall be solicited under a competitive sealed proposal process under s. 16.75 (2m) and, after consulting with the local long-term care council for the county or counties, the department shall evaluate the proposals primarily as to the quality of care that is proposed to be provided, certify those applicants that meet the requirements specified in sub. (3) (a), select certified applicants for contract and contract with the selected applicants.
20,997m
Section 997m. 46.284 (2) (c) of the statutes is created to read:
46.284 (2) (c) The department shall require, as a term of any contract with a care management organization under this section, that the care management organization contract for the provision of services that are covered under the family care benefit with any community-based residential facility under s. 50.01 (1g), residential care apartment complex under s. 50.01 (1d), nursing home under s. 50.01 (3), intermediate care facility for the mentally retarded under s. 50.14 (1) (b), community rehabilitation program, home health agency under s. 50.49 (1) (a), provider of day services, or provider of personal care, as defined in s. 50.01 (4o), that agrees to accept the reimbursement rate that the care management organization pays under contract to similar providers for the same service and that satisfies any applicable quality of care, utilization, or other criteria that the care management organization requires of other providers with which it contracts to provide the same service.
20,998
Section
998. 46.284 (3) (a) of the statutes is amended to read:
46.284 (3) (a) If an entity meets the requirements under par. (b) and applicable rules of the department and submits to the department an application for initial certification or certification renewal, the department shall certify that the entity meets the requirements for a care management organization. An application shall include comments about the applicant and recommendations about the application that are provided by the appropriate local long-term care council, as specified under s. 46.282 (3) (a) 3.
20,999
Section
999. 46.284 (5) (a) of the statutes is amended to read:
46.284 (5) (a) From the appropriation accounts under s. 20.435 (4) (b), (g), (gp), (im), (o), and (w) and (7) (b) and, (bd), and (g), the department shall provide funding on a capitated payment basis for the provision of services under this section. Notwithstanding s. 46.036 (3) and (5m), a care management organization that is under contract with the department may expend the funds, consistent with this section, including providing payment, on a capitated basis, to providers of services under the family care benefit.
20,1000
Section
1000. 46.284 (6) of the statutes is amended to read:
46.284 (6) Governing board. A care management organization shall have a governing board that reflects the ethnic and economic diversity of the geographic area served by the care management organization. At least one-fourth of the members of the governing board shall be older persons or persons with physical or developmental disabilities or their family members, guardians or other advocates who are representative of the client group or groups whom the care management organization's enrollee organization is contracted to serve or those clients' family members, guardians, or other advocates.
20,1001
Section
1001. 46.285 (1) of the statutes is renumbered 46.285, and 46.285 (intro.), (1) and (2), as renumbered, are amended to read:
46.285 Operation of resource center and care management organization. (intro.) In order to meet federal requirements and assure federal financial participation in funding of the family care benefit, a county, a tribe or band, a family long-term care district or an organization, including a private, nonprofit corporation, may not directly operate both a resource center and a care management organization, except as follows:
(1) For an entity with which the department has contracted under s. 46.281 (1) (e) 1., 2005 stats., provision of the services specified under s. 46.283 (3) (b), (e), (f) and (g) shall be structurally separate from the provision of services of the care management organization by January 1, 2001.
(2) The department may approve separation of the functions of a resource center from those of a care management organization by a means other than those specified in sub. (2) creating a long-term care district under s. 46.2895 to serve either as a resource center or as a care management organization.
20,1002
Section
1002. 46.285 (2) of the statutes is repealed.
20,1003
Section
1003. 46.286 (1) (intro.) of the statutes is amended to read:
46.286 (1) Eligibility. (intro.) A person is eligible for, but not necessarily entitled to, the family care benefit if the person is at least 18 years of age; has a physical disability, as defined in s. 15.197 (4) (a) 2., or a developmental disability, as defined in s. 51.01 (5) (a), or degenerative brain disorder, as defined in s. 55.01 (1v) is a frail elder; and meets all of the following criteria:
20,1004
Section
1004. 46.286 (1) (a) 1. of the statutes is amended to read:
46.286 (1) (a) 1. The person's functional capacity level of care need is at either of the following levels:
a. The comprehensive nursing home level, if the person has a long-term or irreversible condition, expected to last at least 90 days or result in death within one year of the date of application, and requires ongoing care, assistance or supervision.
b. The intermediate non-nursing home level, if the person has a condition that is expected to last at least 90 days or result in death within 12 months after the date of application, and is at risk of losing his or her independence or functional capacity unless he or she receives assistance from others.
20,1005
Section
1005. 46.286 (1) (b) (intro.) of the statutes is amended to read:
46.286 (1) (b) Financial eligibility. (intro.) A person is financially eligible if all any of the following apply:
20,1006
Section
1006. 46.286 (1) (b) 1. (intro.) of the statutes is repealed.
20,1007
Section
1007. 46.286 (1) (b) 1. a. of the statutes is renumbered 46.286 (1) (b) 3. and amended to read:
46.286 (1) (b) 3. The person was receiving the family care benefit on the effective date of this subdivision .... [revisor inserts date], the person would qualify for medical assistance except for financial or disability criteria, and the projected cost of the person's care plan, as calculated by the department or its designee, exceeds the person's gross monthly income, plus one-twelfth of his or her countable assets, less deductions and allowances permitted by rule by the department.
20,1008
Section
1008. 46.286 (1) (b) 1. b. and 2. of the statutes are consolidated, renumbered 46.286 (1) (b) 1m. and amended to read:
46.286 (1) (b) 1m. The person is eligible under ch. 49 for medical assistance. 2. If subd. 1. b. applies, the person accepts medical assistance and, unless he or she is exempt from the acceptance under rules promulgated by the department, accepts medical assistance.
20,1009
Section
1009. 46.286 (3) (a) (intro.) of the statutes is amended to read:
46.286 (3) (a) (intro.) Subject to pars. par. (c) and (d), a person is entitled to and may receive the family care benefit through enrollment in a care management organization if he or she all of the following apply:
1m. The person is at least 18 years of age,.
2m. The person has a physical disability, as defined in s. 15.197 (4) (a) 2., a developmental disability, as defined in s. 51.01 (5) (a), or degenerative brain disorder, as defined in s. 55.01 (1v), is a frail elder.
4m. The person is financially eligible, under sub. (1) (b) 1m., and fulfills any applicable cost-sharing requirements and meets any of the following criteria:.
20,1010
Section
1010. 46.286 (3) (a) 1. of the statutes is repealed.
20,1011
Section
1011. 46.286 (3) (a) 2. of the statutes is repealed.
20,1012
Section
1012. 46.286 (3) (a) 3. of the statutes is repealed.
20,1013
Section
1013. 46.286 (3) (a) 3m. of the statutes is created to read:
46.286 (3) (a) 3m. The person is functionally eligible under sub. (1) (a).
20,1014
Section
1014. 46.286 (3) (a) 4. of the statutes is repealed.
20,1015
Section
1015. 46.286 (3) (a) 6. of the statutes is repealed.
20,1016
Section
1016. 46.286 (3) (d) of the statutes is repealed.
20,1017
Section
1017. 46.286 (3m) of the statutes is repealed and recreated to read:
46.286 (3m) Information about enrollees. The department shall obtain and share information about family care enrollees as provided in s. 49.475.
20,1018
Section
1018. 46.288 (2) (intro.) of the statutes is amended to read:
46.288 (2) (intro.) Criteria and procedures for determining functional eligibility under s. 46.286 (1) (a), financial eligibility under s. 46.286 (1) (b), and cost sharing under s. 46.286 (2) (a) and entitlement under s. 46.286 (3). The rules for determining functional eligibility under s. 46.286 (1) (a) 1. a. shall be substantially similar to eligibility criteria for receipt of the long-term support community options program under s. 46.27. Rules under this subsection shall include definitions of the following terms applicable to s. 46.286:
20,1019
Section
1019. 46.289 (title) of the statutes is renumbered 46.2803 (title).
20,1020
Section
1020. 46.289 of the statutes is renumbered 46.2803 (1).
20,1021
Section
1021. 46.2895 (title) of the statutes is amended to read:
46.2895 (title) Family Long-term care district.
20,1022
Section
1022. 46.2895 (1) (a) (intro.) of the statutes is amended to read:
46.2895 (1) (a) (intro.) A county board of supervisors, a tribe or band, or any combination of counties or tribes or bands, may create a special purpose district that is termed a "family "long-term care district", that is a local unit of government, that is separate and distinct from, and independent of, the state and the county or tribe or band that created it, and that has the powers and duties specified in this section, if the each county board or tribe or band that participates in creating the district does all of the following:
20,1023
Section
1023. 46.2895 (1) (a) 1. a. of the statutes is amended to read:
46.2895 (1) (a) 1. a. Declares the need for establishing the family long-term care district.
