SB40-CSA1,546,418
46.23
(6) (a) (intro.) A county human services director appointed under sub. (5)
19(f) shall have all of the administrative and executive powers and duties of managing,
20operating, maintaining
, and improving the programs of the county department of
21human services, subject to the rules promulgated by the department of health and
22family services for programs, except services or programs under
ch. 48 and subch.
23III of ch. 49 and juvenile delinquency-related services or programs, subject to the
24rules promulgated by the department of
workforce development children and
25families for services or programs under
ch. 48 and subch. III of ch. 49
, and subject
1to the rules promulgated by the department of corrections for juvenile
2delinquency-related services or programs. In consultation with the county human
3services board under sub. (5) and subject to its approval, the county human services
4director shall prepare:
SB40-CSA1,546,106
46.23
(6) (a) 3. Such other reports as are required by the secretary of health and
7family services, by the secretary of corrections
, or by the secretary of
workforce
8development children and families and the county board of supervisors in a county
9with a single-county department of human services or the county boards of
10supervisors in counties with a multicounty department of human services.
SB40-CSA1, s. 892
11Section
892. 46.24 of the statutes is renumbered 48.375 (9) and amended to
12read:
SB40-CSA1,546,1913
48.375
(9) Assistance to minors concerning parental consent for abortion. 14If a minor who is contemplating an abortion requests assistance from a county
15department under s. 46.215, 46.22 or 46.23 in seeking the consent of the minor's
16parent, guardian
, or legal custodian, or in seeking the consent of an adult family
17member,
as defined in s. 48.375 (2) (b), for the contemplated abortion or in seeking
18a waiver from the circuit court, the county department shall provide assistance,
19including, if so requested, accompanying the minor as appropriate.
SB40-CSA1, s. 893
20Section
893. 46.247 of the statutes is renumbered 49.345 (14) (g) and amended
21to read:
SB40-CSA1,547,422
49.345
(14) (g)
Application of child support standard for certain children. For
23purposes of determining child support under
s. 46.10 (14) par. (b), the department
24shall promulgate rules related to the application of the standard established by the
25department
of workforce development under s. 49.22 (9) to a child support obligation
1for the care and maintenance of a child who is placed by a court order under s. 48.355
2or 48.357 in a residential, nonmedical facility. The rules shall take into account the
3needs of any person, including dependent children other than the child, whom either
4parent is legally obligated to support.
SB40-CSA1, s. 894
5Section
894. 46.261 (title) of the statutes is renumbered 48.645 (title).
SB40-CSA1, s. 896
7Section
896. 46.261 (2) (title) of the statutes is renumbered 48.645 (2) (title).
SB40-CSA1, s. 897
8Section
897. 46.261 (2) (a) (intro.) of the statutes is renumbered 48.645 (2) (a)
9(intro.).
SB40-CSA1, s. 898
10Section
898. 46.261 (2) (a) 1. of the statutes is renumbered 48.645 (2) (a) 1. and
11amended to read:
SB40-CSA1,548,212
48.645
(2) (a) 1. A nonrelative who cares for the dependent child in a foster
13home or treatment foster home having a license under s. 48.62, in a foster home or
14treatment foster home located within the boundaries of a federally recognized
15American Indian reservation in this state and licensed by the tribal governing body
16of the reservation or in a group home licensed under s. 48.625, a subsidized guardian
17or interim caretaker under s. 48.62 (5) who cares for the dependent child, or a minor
18custodial parent who cares for the dependent child, regardless of the cause or
19prospective period of dependency. The state shall reimburse counties pursuant to the
20procedure under s.
46.495 48.569 (2) and the percentage rate of participation set
21forth in s.
46.495 48.569 (1) (d) for aid granted under this section except that if the
22child does not have legal settlement in the granting county, state reimbursement
23shall be at 100%. The county department under s. 46.215
or
, 46.22
, or 46.23 or the
24department under s. 48.48 (17) shall determine the legal settlement of the child. A
1child under one year of age shall be eligible for aid under this subsection irrespective
2of any other residence requirement for eligibility within this section.
SB40-CSA1, s. 899
3Section
899. 46.261 (2) (a) 2. of the statutes is renumbered 48.645 (2) (a) 2. and
4amended to read:
SB40-CSA1,548,135
48.645
(2) (a) 2. A county or, in a county having a population of 500,000 or more,
6the department, on behalf of a child in the legal custody of a county department under
7s. 46.215, 46.22
, or 46.23 or the department under s. 48.48 (17) or on behalf of a child
8who was removed from the home of a relative
, as defined under s. 48.02 (15), as a
9result of a judicial determination that continuance in the home of a relative would
10be contrary to the child's welfare for any reason when
such the child is placed in a
11licensed
child caring institution residential care center for children and youth by the
12county department or the department. Reimbursement shall be made by the state
13pursuant to as provided in subd. 1.
SB40-CSA1, s. 900
14Section
900. 46.261 (2) (a) 3. of the statutes is renumbered 48.645 (2) (a) 3. and
15amended to read:
SB40-CSA1,549,216
48.645
(2) (a) 3. A county or, in a county having a population of 500,000 or more,
17the department, when the child is placed in a licensed foster home, treatment foster
18home, group home, or residential care center for children and youth or in a subsidized
19guardianship home by a licensed child welfare agency or by a federally recognized
20American Indian tribal governing body in this state or by its designee, if the child is
21in the legal custody of the county department under s. 46.215, 46.22, or 46.23 or the
22department under s. 48.48 (17) or if the child was removed from the home of a
23relative
, as defined under s. 48.02 (15), as a result of a judicial determination that
24continuance in the home of the relative would be contrary to the child's welfare for
1any reason and the placement is made
pursuant to under an agreement with the
2county department or the department.
SB40-CSA1, s. 901
3Section
901. 46.261 (2) (a) 4. of the statutes is renumbered 48.645 (2) (a) 4. and
4amended to read:
SB40-CSA1,549,135
48.645
(2) (a) 4. A licensed foster home, treatment foster home, group home,
6or residential care center for children and youth or a subsidized guardianship home
7when the child is in the custody or guardianship of the state, when the child is a ward
8of an American Indian tribal court in this state and the placement is made under an
9agreement between the department and the tribal governing body, or when the child
10was part of the state's direct service case load and was removed from the home of a
11relative
, as defined under s. 48.02 (15), as a result of a judicial determination that
12continuance in the home of a relative would be contrary to the child's welfare for any
13reason and the child is placed by the department.
SB40-CSA1, s. 902
14Section
902. 46.261 (2) (b) of the statutes is renumbered 48.645 (2) (b).
SB40-CSA1, s. 903
15Section
903. 46.261 (3) of the statutes is renumbered 48.645 (3).
SB40-CSA1,549,2017
46.27
(4) (am) If
a local long-term care council in a county the governing board
18of a resource center assumes under s.
46.282 (3) (b) 46.283 (6) (b) 10. the duties of the
19county long-term support planning committee under this subsection, the county
20long-term support planning committee for the county is dissolved.
SB40-CSA1, s. 905
21Section
905. 46.27 (4) (c) (intro.) of the statutes is amended to read:
SB40-CSA1,550,222
46.27
(4) (c) (intro.) The planning committee shall develop, or, if
a local
23long-term care council the governing board of a resource center has under s.
46.282
24(3) (b) 46.283 (6) (b) 10. assumed the duties of the planning committee, the
local
1long-term care council governing board of the resource center shall recommend a
2community options plan for participation in the program. The plan shall include:
SB40-CSA1,550,84
46.27
(4) (c) 5. A description of the method to be used by the committee or, if
5 a local long-term care council the governing board of a resource center has under
6s.
46.282 (3) (b) 46.283 (6) (b) 10. assumed the duties of the planning committee, the
7local long-term care council governing board of the resource center to monitor the
8implementation of the program.
SB40-CSA1,550,1210
46.27
(4) (c) 8. If a contract with an entity under s.
46.281 (1) (e) 1. 46.284 (2) 11is established in the county, a description of how the activities of the entity relate to
12and are coordinated with the county's proposed program.
SB40-CSA1,551,214
46.27
(5) (am) Organize assessment activities specified in sub. (6). The county
15department or aging unit shall utilize persons for each assessment who can
16determine the needs of the person being assessed and who know the availability
17within the county of services alternative to placement in a nursing home. If any
18hospital patient is referred to a nursing home for admission, these persons shall work
19with the hospital discharge planner in performing the activities specified in sub. (6).
20The county department or aging unit shall coordinate the involvement of
21representatives from the county departments under ss. 46.215, 46.22, 51.42 and
2251.437, health service providers and the county commission on aging in the
23assessment activities specified in sub. (6), as well as the person being assessed and
24members of the person's family or the person's guardian. This paragraph does not
1apply to a county department or aging unit in a county in which the department has
2contracted with an entity under s.
46.281 (1) (e) 1
46.284 (2).
SB40-CSA1,551,74
46.27
(5) (j) Within the time period specified by the department, offer
5counseling, that is specified by the department, concerning public and private
6benefit programs to prospective residents of community-based residential facilities
7who are referred to the county department or aging unit under s. 50.035 (4n).
SB40-CSA1,551,179
46.27
(6) (a) 3. In each participating county, except in counties in which the
10department has contracted with an entity under s.
46.281 (1) (e) 1. 46.284 (2),
11assessments shall be conducted for those persons and in accordance with the
12procedures described in the county's community options plan. The county may elect
13to establish assessment priorities for persons in target groups identified by the
14county in its plan regarding gradual implementation. If a person who is already
15admitted to a nursing home requests an assessment and if funds allocated for
16assessments under sub. (7) (am) are available, the county shall conduct the
17assessment.
SB40-CSA1, s. 911
18Section
911. 46.27 (6g) (intro.) of the statutes is amended to read:
SB40-CSA1,551,2319
46.27
(6g) Fiscal responsibility. (intro.) Except as provided in s. 51.40, and
20within the limitations under sub. (7) (b), the fiscal responsibility of a county for an
21assessment, unless the assessment is performed by an entity under a contract as
22specified under s.
46.281 (1) (e) 1. 46.284 (2), case plan, or services provided to a
23person under this section is as follows:
SB40-CSA1, s. 912
24Section
912. 46.27 (6u) (c) 1. a. of the statutes is amended to read:
SB40-CSA1,552,2
146.27
(6u) (c) 1. a. Eligible for medical assistance under s. 49.46, 49.468
or, 249.47
, or 49.471 (4) (a).
SB40-CSA1, s. 913
3Section
913. 46.27 (6u) (d) (intro.) of the statutes is amended to read:
SB40-CSA1,552,94
46.27
(6u) (d) (intro.) In determining financial eligibility under par. (c) 1. and
5in calculating the amount under par. (c) 2., the county department or aging unit shall
6include as the assets for any person, except those persons who are eligible for medical
7assistance under s. 49.46, 49.468
or, 49.47
, or 49.471 (4) (a), any portion of assets that
8the person or the person's spouse has, after August 12, 1993, transferred to another
9as specified in par. (b), unless one of the following conditions applies:
SB40-CSA1,552,1911
46.27
(7) (am) From the appropriation under s. 20.435 (7) (bd), the department
12shall allocate funds to each county or private nonprofit agency with which the
13department contracts to pay assessment and case plan costs under sub. (6) not
14otherwise paid by fee or under s. 49.45 or 49.78 (2). The department shall reimburse
15counties for the cost of assessing persons eligible for medical assistance under s.
1649.46, 49.468,
or 49.47
, or 49.471 (4) (a) as part of the administrative services of
17medical assistance, payable under s. 49.45 (3) (a). Counties may use unspent funds
18allocated under this paragraph to pay the cost of long-term community support
19services and for a risk reserve under par. (fr).
SB40-CSA1,553,921
46.27
(7) (b) From the appropriations under s. 20.435 (7) (bd) and (im), the
22department shall allocate funds to each county to pay the cost of providing long-term
23community support services under sub. (5) (b) not otherwise paid under s. 49.45 to
24persons eligible for medical assistance under s. 49.46
or
, 49.47
, or 49.471 (4) (a) or
25to persons whom the county department or aging unit administering the program
1finds likely to become medically indigent within 6 months by spending excess income
2or assets for medical or remedial care. The average per person reimbursement under
3this paragraph may not exceed the state share of the average per person payment
4rate the department expects under s. 49.45 (6m). The county department or aging
5unit administering the program may spend funds received under this paragraph
6only in accordance with the case plan and service contract created for each person
7receiving long-term community support services. Counties may use unspent funds
8allocated under this paragraph from the appropriation under s. 20.435 (7) (bd) for a
9risk reserve under par. (fr).
SB40-CSA1, s. 917
11Section
917. 46.27 (7) (fr) 3. c. of the statutes is amended to read:
SB40-CSA1,553,1312
46.27
(7) (fr) 3. c. If approved by a resolution of the county board of supervisors,
13to transfer funds to a
family long-term care district.
SB40-CSA1,553,2015
46.27
(9) (c) All long-term community support services provided under this
16pilot project in lieu of nursing home care shall be consistent with those services
17described in the participating county's community options plan under sub. (4) (c) 1.
18and provided under sub. (5) (b). Unless the department has contracted under s.
1946.281 (1) (e) 1. 46.284 (2) with an entity other than the county department, each
20county participating in the pilot project shall assess persons under sub. (6).
SB40-CSA1,553,2423
46.275
(1m) (a) "Medical assistance" means aid provided under subch. IV of ch.
2449, except
s. ss. 49.468
and 49.471.
SB40-CSA1,554,2
146.277
(1m) (a) "Medical assistance" means aid provided under subch. IV of ch.
249, except
s. ss. 49.468
and 49.471.
SB40-CSA1,554,84
46.277
(3) (d) The county department or aging unit that administers the
5program under this section shall, within the time period specified by the department,
6offer counseling, that is specified by the department, concerning public and private
7benefit programs to prospective residents of community-based residential facilities
8who are referred to the county department or aging unit under s. 50.035 (4n).
SB40-CSA1,554,1211
46.278
(1m) (b) "Medical assistance" means aid provided under subch. IV of ch.
1249, except
s. ss. 49.468
and 49.471.
SB40-CSA1,554,1514
46.28
(1) (f) "Victim of domestic abuse" means an individual who has
15encountered domestic abuse, as defined in s.
46.95
49.165 (1) (a).
SB40-CSA1,554,2317
46.2803
(2) Notwithstanding s. 46.27 (7), a county in which a care management
18organization is operating pursuant to a contract under s. 46.284 (2) or a county in
19which a program described under s. 46.2805 (1) (a) or (b) is administered may use
20funds appropriated under 20.435 (7) (bd) and allocated to the county under s. 46.27
21(7) to provide community mental health or substance abuse services and supports for
22persons with mental illness or persons in need of services or supports for substance
23abuse and to provide services under the Family Support Program under s. 46.985.
SB40-CSA1,555,2
146.2804 (title)
Managed care programs for Client management of
2managed care long-term care services
benefit.
SB40-CSA1, s. 938
5Section
938. 46.2805 (5) of the statutes is renumbered 46.2805 (7r) and
6amended to read:
SB40-CSA1,555,87
46.2805
(7r) "
Family Long-term care district" means a special purpose district
8created under s. 46.2895 (1).
SB40-CSA1, s. 939
9Section
939. 46.2805 (6) of the statutes is renumbered 46.2805 (7u) and
10amended to read:
SB40-CSA1,555,1211
46.2805
(7u) "
Family Long-term care district board" means the governing
12board of a
family long-term care district.
SB40-CSA1,555,1614
46.2805
(6m) "Family member" means a spouse or an individual related by
15blood, marriage, or adoption within the 3rd degree of kinship as computed under s.
16990.001 (16).
SB40-CSA1,555,2018
46.2805
(6r) "Financial and cost-sharing screening" means a screening to
19determine financial eligibility under s. 46.286 (1) (b) and cost-sharing under s.
2046.286 (2) using a uniform tool prescribed by the department.
SB40-CSA1,555,2522
46.2805
(6v) "Frail elder" means an individual who is 65 years of age or older
23and has a physical disability or irreversible dementia that restricts the individual's
24ability to perform normal daily tasks or that threatens the capacity of the individual
25to live independently.
SB40-CSA1,556,52
46.2805
(7) "Functional
and financial screen screening" means a
screen 3prescribed by the department that is used screening to determine functional
4eligibility under s. 46.286 (1) (a)
and financial eligibility under s. 46.286 (1) (b) using
5a uniform tool prescribed by the department.
SB40-CSA1,556,9
846.281 (title)
Powers and duties of the department and the, secretary
,
9and counties; long-term care.
SB40-CSA1, s. 945
10Section
945. 46.281 (1) (intro.) of the statutes is renumbered 46.281 (1n)
11(intro.), and 46.281 (1n) (title), as renumbered, is amended to read:
SB40-CSA1,556,1212
46.281
(1n) (title)
Duties
Other duties of the department.
SB40-CSA1, s. 946
13Section
946. 46.281 (1) (c) of the statutes is renumbered 46.281 (1d) and
14amended to read:
SB40-CSA1,556,2215
46.281
(1d) Waiver request. Request The department shall request from the
16secretary of the federal department of health and human services any waivers of
17federal medicaid laws necessary to permit the use of federal moneys to provide the
18family care benefit to recipients of medical assistance. The department shall
19implement any waiver that is approved and that is consistent with ss. 46.2805 to
2046.2895. Regardless of whether a waiver is approved, the department may
21implement operation of resource centers, care management organizations
, and the
22family care benefit.
SB40-CSA1, s. 947m
23Section 947m. 46.281 (1) (d) of the statutes is renumbered 46.281 (1g) (b) and
24amended to read:
SB40-CSA1,558,8
146.281
(1g) (b)
In geographic areas in which, in the aggregate, resides no more
2than 29 percent of the state population that is eligible for the family care benefit,
3contract with a county, a family care district, a tribe or band, the Great Lakes
4Inter-Tribal Council, Inc., or with 2 or more of these entities to manage all long-term
5care programs and administer the family care benefit as care management
6organizations. If the department proposes to contract with
these entities to
7administer
care management organizations the family care benefit in geographic
8areas in which, in the aggregate, resides more than 29 percent
but less than 50
9percent of the state population that is eligible for the family care benefit, the
10department shall first notify the joint committee on finance in writing of the
11proposed contract. The notification shall include the contract proposal; and an
12estimate of the fiscal impact of the proposed addition that demonstrates that the
13addition will be cost neutral, including startup, transitional, and ongoing
14operational costs and any proposed county contribution.
The notification shall also
15include, for each county affected by the proposal, documentation that the county
16consents to administration of the family care benefit in the county, the amount of the
17county's payment or reduction in community aids under s. 46.281 (4), and a proposal
18by the county for using any savings in county expenditures on long-term care that
19result from administration of the family care benefit in the county. If the
20cochairpersons of the committee do not notify the department within 14 working
21days after the date of the department's notification that the committee has scheduled
22a meeting for the purpose of reviewing the proposed contract, the department may
23enter into the proposed contract. If within 14
working days after the date of the
24department's notification the cochairpersons of the committee notify the department
25that the committee has scheduled a meeting for the purpose of reviewing the
1proposed contract, the department may enter into the proposed contract only
upon
2approval of if the committee
. The department may contract with these entities to
3administer care management organizations in geographic areas in which, in the
4aggregate, resides 50 percent or more of the state population that is eligible for the
5family care benefit only if specifically authorized by the legislature and if the
6legislature appropriates necessary funding approves the proposed contract or if the
7committee fails to act on the proposed contract within 59 working days after the date
8of the department's notification.