SB40-CSA1, s. 999 6Section 999. 46.284 (5) (a) of the statutes is amended to read:
SB40-CSA1,571,137 46.284 (5) (a) From the appropriation accounts under s. 20.435 (4) (b), (g), (gp),
8(im), (o), and (w) and (7) (b) and, (bd), and (g), the department shall provide funding
9on a capitated payment basis for the provision of services under this section.
10Notwithstanding s. 46.036 (3) and (5m), a care management organization that is
11under contract with the department may expend the funds, consistent with this
12section, including providing payment, on a capitated basis, to providers of services
13under the family care benefit.
SB40-CSA1, s. 1000 14Section 1000. 46.284 (6) of the statutes is amended to read:
SB40-CSA1,571,2215 46.284 (6) Governing board. A care management organization shall have a
16governing board that reflects the ethnic and economic diversity of the geographic
17area served by the care management organization. At least one-fourth of the
18members of the governing board shall be older persons or persons with physical or
19developmental disabilities or their family members, guardians or other advocates
20who are
representative of the client group or groups whom the care management
21organization's enrollee organization is contracted to serve or those clients' family
22members, guardians, or other advocates
.
SB40-CSA1, s. 1001 23Section 1001. 46.285 (1) of the statutes is renumbered 46.285, and 46.285
24(intro.), (1) and (2), as renumbered, are amended to read:
SB40-CSA1,572,6
146.285 Operation of resource center and care management
2organization.
(intro.) In order to meet federal requirements and assure federal
3financial participation in funding of the family care benefit, a county, a tribe or band,
4a family long-term care district or an organization, including a private, nonprofit
5corporation, may not directly operate both a resource center and a care management
6organization, except as follows:
SB40-CSA1,572,10 7(1) For an entity with which the department has contracted under s. 46.281 (1)
8(e) 1., 2005 stats., provision of the services specified under s. 46.283 (3) (b), (e), (f) and
9(g) shall be structurally separate from the provision of services of the care
10management organization by January 1, 2001.
SB40-CSA1,572,14 11(2) The department may approve separation of the functions of a resource
12center from those of a care management organization by a means other than those
13specified in sub. (2)
creating a long-term care district under s. 46.2895 to serve either
14as a resource center or as a care management organization
.
SB40-CSA1, s. 1002 15Section 1002. 46.285 (2) of the statutes is repealed.
SB40-CSA1, s. 1003 16Section 1003. 46.286 (1) (intro.) of the statutes is amended to read:
SB40-CSA1,572,2117 46.286 (1) Eligibility. (intro.) A person is eligible for, but not necessarily
18entitled to, the family care benefit if the person is at least 18 years of age; has a
19physical disability, as defined in s. 15.197 (4) (a) 2., or a developmental disability, as
20defined in s. 51.01 (5) (a), or degenerative brain disorder, as defined in s. 55.01 (1v)
21is a frail elder; and meets all of the following criteria:
SB40-CSA1, s. 1004 22Section 1004. 46.286 (1) (a) 1. of the statutes is amended to read:
SB40-CSA1,572,2423 46.286 (1) (a) 1. The person's functional capacity level of care need is at either
24of the following levels:
SB40-CSA1,573,3
1a. The comprehensive nursing home level, if the person has a long-term or
2irreversible condition, expected to last at least 90 days or result in death within one
3year of the date of application, and requires ongoing care, assistance or supervision.
SB40-CSA1,573,74 b. The intermediate non-nursing home level, if the person has a condition that
5is expected to last at least 90 days or result in death within 12 months after the date
6of application, and is at risk of losing his or her independence or functional capacity
7unless he or she receives assistance from others.
SB40-CSA1, s. 1005 8Section 1005. 46.286 (1) (b) (intro.) of the statutes is amended to read:
SB40-CSA1,573,109 46.286 (1) (b) Financial eligibility. (intro.) A person is financially eligible if
10all any of the following apply:
SB40-CSA1, s. 1006 11Section 1006. 46.286 (1) (b) 1. (intro.) of the statutes is repealed.
SB40-CSA1, s. 1007 12Section 1007. 46.286 (1) (b) 1. a. of the statutes is renumbered 46.286 (1) (b)
133. and amended to read:
SB40-CSA1,573,1914 46.286 (1) (b) 3. The person was receiving the family care benefit on the
15effective date of this subdivision .... [revisor inserts date], the person
would qualify
16for medical assistance except for financial or disability criteria, and the projected cost
17of the person's care plan, as calculated by the department or its designee, exceeds the
18person's gross monthly income, plus one-twelfth of his or her countable assets, less
19deductions and allowances permitted by rule by the department.
SB40-CSA1, s. 1008 20Section 1008. 46.286 (1) (b) 1. b. and 2. of the statutes are consolidated,
21renumbered 46.286 (1) (b) 1m. and amended to read:
SB40-CSA1,573,2522 46.286 (1) (b) 1m. The person is eligible under ch. 49 for medical assistance.
232. If subd. 1. b. applies, the person accepts medical assistance
and, unless he or she
24is exempt from the acceptance under rules promulgated by the department, accepts
25medical assistance
.
SB40-CSA1, s. 1009
1Section 1009. 46.286 (3) (a) (intro.) of the statutes is amended to read:
SB40-CSA1,574,42 46.286 (3) (a) (intro.) Subject to pars. par. (c) and (d), a person is entitled to and
3may receive the family care benefit through enrollment in a care management
4organization if he or she all of the following apply:
SB40-CSA1,574,5 51m. The person is at least 18 years of age,.
SB40-CSA1,574,8 62m. The person has a physical disability, as defined in s. 15.197 (4) (a) 2., a
7developmental disability, as defined in s. 51.01 (5) (a), or degenerative brain disorder,
8as defined in s. 55.01 (1v),
is a frail elder.
SB40-CSA1,574,10 94m. The person is financially eligible, under sub. (1) (b) 1m., and fulfills any
10applicable cost-sharing requirements and meets any of the following criteria:.
SB40-CSA1, s. 1010 11Section 1010. 46.286 (3) (a) 1. of the statutes is repealed.
SB40-CSA1, s. 1011 12Section 1011. 46.286 (3) (a) 2. of the statutes is repealed.
SB40-CSA1, s. 1012 13Section 1012. 46.286 (3) (a) 3. of the statutes is repealed.
SB40-CSA1, s. 1013 14Section 1013. 46.286 (3) (a) 3m. of the statutes is created to read:
SB40-CSA1,574,1515 46.286 (3) (a) 3m. The person is functionally eligible under sub. (1) (a).
SB40-CSA1, s. 1014 16Section 1014. 46.286 (3) (a) 4. of the statutes is repealed.
SB40-CSA1, s. 1015 17Section 1015. 46.286 (3) (a) 6. of the statutes is repealed.
SB40-CSA1, s. 1016 18Section 1016. 46.286 (3) (d) of the statutes is repealed.
SB40-CSA1, s. 1017 19Section 1017. 46.286 (3m) of the statutes is repealed and recreated to read:
SB40-CSA1,574,2120 46.286 (3m) Information about enrollees. The department shall obtain and
21share information about family care enrollees as provided in s. 49.475.
SB40-CSA1, s. 1018 22Section 1018. 46.288 (2) (intro.) of the statutes is amended to read:
SB40-CSA1,575,423 46.288 (2) (intro.) Criteria and procedures for determining functional
24eligibility under s. 46.286 (1) (a), financial eligibility under s. 46.286 (1) (b), and cost
25sharing under s. 46.286 (2) (a) and entitlement under s. 46.286 (3). The rules for

1determining functional eligibility under s. 46.286 (1) (a) 1. a. shall be substantially
2similar to eligibility criteria for receipt of the long-term support community options
3program under s. 46.27. Rules under this subsection shall include definitions of the
4following terms applicable to s. 46.286:
SB40-CSA1, s. 1019 5Section 1019. 46.289 (title) of the statutes is renumbered 46.2803 (title).
SB40-CSA1, s. 1020 6Section 1020. 46.289 of the statutes is renumbered 46.2803 (1).
SB40-CSA1, s. 1021 7Section 1021. 46.2895 (title) of the statutes is amended to read:
SB40-CSA1,575,8 846.2895 (title) Family Long-term care district.
SB40-CSA1, s. 1022 9Section 1022. 46.2895 (1) (a) (intro.) of the statutes is amended to read:
SB40-CSA1,575,1610 46.2895 (1) (a) (intro.) A county board of supervisors, a tribe or band, or any
11combination of counties or tribes or bands,
may create a special purpose district that
12is termed a "family "long-term care district", that is a local unit of government, that
13is separate and distinct from, and independent of, the state and the county or tribe
14or band that created it
, and that has the powers and duties specified in this section,
15if the each county board or tribe or band that participates in creating the district does
16all of the following:
SB40-CSA1, s. 1023 17Section 1023. 46.2895 (1) (a) 1. a. of the statutes is amended to read:
SB40-CSA1,575,1918 46.2895 (1) (a) 1. a. Declares the need for establishing the family long-term
19care district.
SB40-CSA1, s. 1024 20Section 1024. 46.2895 (1) (a) 1. b. of the statutes is amended to read:
SB40-CSA1,575,2421 46.2895 (1) (a) 1. b. Specifies the family long-term care district's primary
22purpose, which shall be to operate, under contract with the department, either a
23resource center under s. 46.283 or, a care management organization under s. 46.284,
24but not both, or a program described under s. 46.2805 (1) (a) or (b).
SB40-CSA1, s. 1025 25Section 1025. 46.2895 (1) (a) 1. c. of the statutes is created to read:
SB40-CSA1,576,4
146.2895 (1) (a) 1. c. Specifies the number of individuals who shall be appointed
2as members of the long-term care district board, the length of their terms, and, if the
3long-term care district is created by more than one county or tribe or band, how many
4members shall be appointed by each county or tribe or band.
SB40-CSA1, s. 1026 5Section 1026. 46.2895 (1) (b) of the statutes is repealed.
SB40-CSA1, s. 1027 6Section 1027. 46.2895 (1) (c) of the statutes is created to read:
SB40-CSA1,576,97 46.2895 (1) (c) A long-term care district may not operate a care management
8organization under s. 46.284 or a program described under s. 46.2805 (1) (a) or (b)
9if the district operates a resource center under s. 46.283.
SB40-CSA1, s. 1028 10Section 1028. 46.2895 (1) (d) of the statutes is created to read:
SB40-CSA1,576,1211 46.2895 (1) (d) A county or tribe or band may create more than one long-term
12care district.
SB40-CSA1, s. 1029 13Section 1029. 46.2895 (1) (e) of the statutes is created to read:
SB40-CSA1,576,1914 46.2895 (1) (e) A long-term care district may change its primary purpose
15specified under par. (a) 1. b. if all the counties or tribes or bands that created the
16district and that have not withdrawn or been removed from the district under sub.
17(14), adopt a resolution approving the change in primary purpose and if the change
18in purpose does not violate par. (c) or any provision of a contract between the
19department and the district.
SB40-CSA1, s. 1030 20Section 1030. 46.2895 (2) of the statutes is amended to read:
SB40-CSA1,576,2521 46.2895 (2) Jurisdiction. A family long-term care district's jurisdiction is the
22geographical area of the county or counties of the county board or boards of
23supervisors who
that created the family long-term care district and the geographic
24area of the reservation of, or lands held in trust for, any tribe or band that created
25the long-term care district
.
SB40-CSA1, s. 1031
1Section 1031. 46.2895 (3) (title) of the statutes is amended to read:
SB40-CSA1,577,22 46.2895 (3) (title) Family Long-term care district board.
SB40-CSA1, s. 1032 3Section 1032. 46.2895 (3) (a) 1. of the statutes is renumbered 46.2895 (3) (a)
4and amended to read:
SB40-CSA1,577,95 46.2895 (3) (a) The county board of supervisors of a county or, in a county with
6a county administrator or county executive, the county administrator or county
7executive shall appoint the members of the family long-term care district board,
8which is the governing board of a family care district under sub. (1) (a)
members
9whom the county is allotted, by resolutions adopted under sub. (1) (a) 1. c., to appoint
.
SB40-CSA1, s. 1033 10Section 1033. 46.2895 (3) (a) 2. of the statutes is repealed.
SB40-CSA1, s. 1034 11Section 1034. 46.2895 (3) (b) 1. of the statutes is amended to read:
SB40-CSA1,577,1712 46.2895 (3) (b) 1. The family care district board appointed under par. (a) 1. shall
13consist of 15 persons who are residents of the area of jurisdiction of the family care
14district.
At least one-fourth of the members of a long-term care district board shall
15be representative of the client group or groups whom it is the family long-term care
16district's primary purpose to serve or those clients' family members, guardians, or
17other advocates.
SB40-CSA1, s. 1035 18Section 1035. 46.2895 (3) (b) 2. of the statutes is repealed.
SB40-CSA1, s. 1036 19Section 1036. 46.2895 (3) (b) 3. of the statutes is amended to read:
SB40-CSA1,577,2420 46.2895 (3) (b) 3. Membership of the family a long-term care district board
21under subd. 1. or 2. shall reflect the ethnic and economic diversity of in the area of
22jurisdiction of the family long-term care district. Up to one-fourth of the members
23of the board may be elected or appointed officials or employees of the county or
24counties that created the family care district.
SB40-CSA1,578,3
14. No member of the a long-term care district board may have a private
2financial interest in or profit directly or indirectly from any contract or other
3business of the family long-term care district.
SB40-CSA1, s. 1037 4Section 1037. 46.2895 (3) (b) 5. of the statutes is created to read:
SB40-CSA1,578,65 46.2895 (3) (b) 5. Only individuals who reside within the jurisdiction of a
6long-term care district may serve as members of the long-term care district board.
SB40-CSA1, s. 1038 7Section 1038. 46.2895 (3) (c) of the statutes is repealed.
SB40-CSA1, s. 1039 8Section 1039. 46.2895 (3) (d) of the statutes is amended to read:
SB40-CSA1,578,169 46.2895 (3) (d) As soon as possible after the appointment of the initial members
10of the family long-term care district board, the board shall organize for the
11transaction of business and elect a chairperson and other necessary officers. Each
12chairperson shall be elected by the board from time to time for the term of that
13chairperson's office as a member of the board or for the term of 3 years, whichever
14is shorter, and shall be eligible for reelection. A majority of the board shall constitute
15a quorum. The Unless specified otherwise in a bylaw adopted by the board, the board
16may act based on the affirmative vote of a majority of a quorum.
SB40-CSA1, s. 1040 17Section 1040. 46.2895 (4) (intro.) of the statutes is amended to read:
SB40-CSA1,578,2118 46.2895 (4) Powers. (intro.) Subject to sub. (1) (a) 1. b. (c), a family long-term
19care district has all the powers necessary or convenient to carry out the purposes and
20provisions of ss. 46.2805 to 46.2895. In addition to all these powers, a family
21long-term care district may do all of the following:
SB40-CSA1, s. 1041 22Section 1041. 46.2895 (4) (b) of the statutes is amended to read:
SB40-CSA1,579,223 46.2895 (4) (b) Adopt bylaws and policies and procedures for the regulation of
24its affairs and the conduct of its business. The bylaws, policies and procedures shall

1be consistent with ss. 46.2805 to 46.2895 and, if the family long-term care district
2contracts with the department under par. (d) or (dm), with the terms of that contract.
SB40-CSA1, s. 1042 3Section 1042. 46.2895 (4) (dm) of the statutes is created to read:
SB40-CSA1,579,64 46.2895 (4) (dm) Subject to sub. (1) (c), enter into a contract with the
5department to operate a program described under s. 46.2805 (1) (a) or (b) and provide
6services related to the contracted services.
SB40-CSA1, s. 1043 7Section 1043. 46.2895 (4) (g) of the statutes is amended to read:
SB40-CSA1,579,128 46.2895 (4) (g) Subject to sub. (8), employ any agent, employee, or special
9adviser that the family long-term care district finds necessary, fix and regulate his
10or her compensation and provide, either directly or subject to an agreement under
11s. 66.0301 as a participant in a benefit plan of another governmental entity, any
12employee benefits, including an employee pension plan.
SB40-CSA1, s. 1044 13Section 1044. 46.2895 (4) (h) of the statutes is amended to read:
SB40-CSA1,579,1514 46.2895 (4) (h) Mortgage, pledge or otherwise encumber the family long-term
15care district's property or funds.
SB40-CSA1, s. 1045 16Section 1045. 46.2895 (4) (k) of the statutes is amended to read:
SB40-CSA1,579,1917 46.2895 (4) (k) Create a risk reserve or other special reserve as the family
18long-term care district board desires or as the department requires under the
19contract with the department that is specified under par. (d).
SB40-CSA1, s. 1046 20Section 1046. 46.2895 (4) (L) of the statutes is amended to read:
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