Amendment CSA1-SB40

SB40-CSA1, s. 956g Section 956g. 46.281 (4) of the statutes is created to read:

SB40-CSA1,560,20 46.281 (4) County contribution. (a) In this subsection, "base amount" means the amount that a county expended in calendar year 2006, as determined by the department, to provide long-term care services to individuals who would have been eligible for the family care benefit in calendar year 2006 if the family care benefit had been available to residents of the county.

SB40-CSA1,560,24 (b) Except as provided in par. (c), each county in which the department has a contract with an entity to administer the family care benefit shall in each year of the contract either pay the department the following amount or agree to reduce the community aids distribution to the county under s. 46.40 (2) by the following amount:

SB40-CSA1,561,3 1. If the base amount for the county is less than or equal to 22 percent of the calendar year 2006 community aids distribution to the county under s. 46.40 (2), the base amount.

SB40-CSA1,561,6 2. If the base amount for the county is greater than 22 percent of the calendar year 2006 community aids distribution to the county under s. 46.40 (2), the following amounts in the following years:

SB40-CSA1,561,8 a. For the first year that the department contracts for administration of the family care benefit in the county, the base amount for the county.

SB40-CSA1,561,13 b. For the 2nd, 3rd, and 4th years that the department contracts for administration of the family care benefit in the county, the amount from the previous year minus 25 percent of the difference between the base amount for the county and 22 percent of the calendar year 2006 community aids distribution to the county under s. 46.40 (2).

SB40-CSA1,561,16 c. For the 5th year and each subsequent year that the department contracts for administration of the family care benefit in the county, 22 percent of the calendar year 2006 community aids distribution to the county under s. 46.40 (2).

SB40-CSA1,561,23 (c) Each county in which the department has a contract with an entity to administer the family care benefit, and in which the department had such a contract before January 1, 2006, shall annually either pay the department or agree to reduce the community aids distribution to the county under s. 46.40 (2) by the amount that the county paid the department, or by which the county's community aids distribution was reduced, in calendar year 2006 to fund the program under ss. 46.2805 to 46.2895.

SB40-CSA1,561,25 (d) The department shall deposit payments made by counties under this subsection in the appropriation account under s. 20.435 (7) (g).

SB40-CSA1, s. 957 Section 957. 46.282 (title) of the statutes is repealed.

SB40-CSA1, s. 958 Section 958. 46.282 (2) of the statutes is repealed.

SB40-CSA1, s. 959 Section 959. 46.282 (3) (title) of the statutes is repealed.

SB40-CSA1, s. 960 Section 960. 46.282 (3) (a) (intro.) of the statutes is repealed.

SB40-CSA1, s. 961 Section 961. 46.282 (3) (a) 1. of the statutes is repealed.

SB40-CSA1, s. 962 Section 962. 46.282 (3) (a) 2. of the statutes is repealed.

SB40-CSA1, s. 963 Section 963. 46.282 (3) (a) 3. of the statutes is repealed.

SB40-CSA1, s. 964 Section 964. 46.282 (3) (a) 4. of the statutes is repealed.

SB40-CSA1, s. 965 Section 965. 46.282 (3) (a) 5. of the statutes is repealed.

SB40-CSA1, s. 966 Section 966. 46.282 (3) (a) 6. of the statutes is repealed.

SB40-CSA1, s. 967 Section 967. 46.282 (3) (a) 7. of the statutes is repealed.

SB40-CSA1, s. 968 Section 968. 46.282 (3) (a) 8. of the statutes is renumbered 46.2825 (2) (e) and amended to read:

SB40-CSA1,562,15 46.2825 (2) (e) Monitor the pattern of enrollments and disenrollments in local care management organizations that provide services in the committee's region.

SB40-CSA1, s. 969 Section 969. 46.282 (3) (a) 9. of the statutes is renumbered 46.283 (6) (b) 3. and amended to read:

SB40-CSA1,562,22 46.283 (6) (b) 3. Identify any gaps in services, living arrangements, and community resources and develop strategies to build local capacity to serve older persons and persons with physical or developmental disabilities needed by individuals belonging to the client groups served by the resource center, especially those with long-term care needs.

SB40-CSA1, s. 970 Section 970. 46.282 (3) (a) 10. of the statutes is renumbered 46.2825 (2) (g) and amended to read:

SB40-CSA1,563,3 46.2825 (2) (g) Perform long-range planning on long-term care policy for older persons and persons with physical or developmental disabilities individuals belonging to the client groups served by the resource center.

SB40-CSA1, s. 971 Section 971. 46.282 (3) (a) 11. of the statutes is renumbered 46.283 (6) (b) 8. and amended to read:

SB40-CSA1,563,12 46.283 (6) (b) 8. Annually review interagency agreements between a the resource center and care management organization or organizations that provide services in the area served by the resource center and make recommendations, as appropriate, on the interaction between the resource center and the care management organization or organizations to assure coordination between or among them and to assure access to and timeliness in provision of services by the resource center and the care management organizations.

SB40-CSA1, s. 972 Section 972. 46.282 (3) (a) 12. of the statutes is renumbered 46.283 (6) (b) 9. and amended to read:

SB40-CSA1,563,19 46.283 (6) (b) 9. Annually review Review the number and types of complaints and grievances about and appeals concerning the long-term care system by persons who receive or may receive care under the system in the area served by the resource center, to determine if a need exists for system changes, and recommend system or other changes if appropriate.

SB40-CSA1, s. 973 Section 973. 46.282 (3) (a) 13. of the statutes is renumbered 46.283 (6) (b) 6. and amended to read:

SB40-CSA1,563,25 46.283 (6) (b) 6. Identify potential new sources of community resources and funding for needed services for older persons and persons with physical or developmental disabilities individuals belonging to the client groups served by the resource center.

SB40-CSA1, s. 974 Section 974. 46.282 (3) (a) 14. of the statutes is repealed.

SB40-CSA1, s. 975 Section 975. 46.282 (3) (a) 15. of the statutes is repealed.

SB40-CSA1, s. 976 Section 976. 46.282 (3) (b) of the statutes is renumbered 46.283 (6) (b) 10. and amended to read:

SB40-CSA1,564,8 46.283 (6) (b) 10. A local long-term care council may, within the local long-term care council's area If directed to do so by the county board, assume the duties of the county long-term community support planning committee as specified under s. 46.27 (4) for a county served by the resource center.

SB40-CSA1, s. 977 Section 977. 46.2825 of the statutes is created to read:

SB40-CSA1,564,17 46.2825 Regional long-term care advisory committees. (1) Creation. The governing board of each resource center operating in a region established by the department under s. 46.281 (1n) (d) 1. shall appoint the number of its members that is specified by the department under s. 46.281 (1n) (d) 2. to a regional long-term care advisory committee. At least 50 percent of the persons a resource center board appoints to a regional long-term care advisory committee shall be older persons or persons with a physical or developmental disability or their family members, guardians, or other advocates.

SB40-CSA1,564,19 (2) Duties. A regional long-term care advisory committee shall do all of the following:

SB40-CSA1,564,25 (a) Evaluate the performance of care management organizations and entities that operate a program described under s. 46.2805 (1) (a) or (b) in the committee's region with respect to responsiveness to recipients of their services, fostering choices for recipients, and other issues affecting recipients; and make recommendations based on the evaluation to the department and to the care management organizations and entities, as appropriate.

SB40-CSA1,565,3 (b) Evaluate the performance of resource centers operating in the committee's region and, as appropriate, make recommendations, concerning their performance to the department and the resource centers.

SB40-CSA1,565,6 (c) Monitor grievances and appeals made to care management organizations or entities that operate a program described under s. 46.2805 (1) (a) or (b) within the committee's region.

SB40-CSA1,565,7 (d) Review utilization of long-term care services in the committee's region.

SB40-CSA1,565,13 (f) Using information gathered under s. 46.283 (6) (b) 2. by governing boards of resources centers operating in the committee's region and other available information, identify any gaps in the availability of services, living arrangements, and community resources needed by older persons and persons with physical or developmental disabilities, and develop strategies to build capacity to provide those services, living arrangements, and community resources in the committee's region.

SB40-CSA1,565,16 (h) Annually report to the department regarding significant achievements and problems relating to the provision of long-term care services in the committee's region.

SB40-CSA1, s. 978 Section 978. 46.283 (1) (a) 2. of the statutes is amended to read:

SB40-CSA1,565,19 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.

SB40-CSA1, s. 979 Section 979. 46.283 (2) (a) of the statutes is repealed.

SB40-CSA1, s. 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:

SB40-CSA1,566,5 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:

SB40-CSA1,566,7 (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).

SB40-CSA1, s. 981 Section 981. 46.283 (3) (h) of the statutes is repealed.

SB40-CSA1, s. 982 Section 982. 46.283 (3) (i) of the statutes is repealed.

SB40-CSA1, s. 983 Section 983. 46.283 (3) (k) of the statutes is amended to read:

SB40-CSA1,566,13 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.

SB40-CSA1, s. 984 Section 984. 46.283 (4) (e) of the statutes is amended to read:

SB40-CSA1,566,22 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.

SB40-CSA1, s. 985 Section 985. 46.283 (4) (f) of the statutes is amended to read:

SB40-CSA1,567,2 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.

SB40-CSA1, s. 986 Section 986. 46.283 (4) (g) of the statutes is amended to read:

SB40-CSA1,567,17 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.

SB40-CSA1, s. 987 Section 987. 46.283 (4) (j) of the statutes is created to read:

SB40-CSA1,567,21 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.

SB40-CSA1, s. 989 Section 989. 46.283 (6) of the statutes is amended to read:

SB40-CSA1,567,25 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.

SB40-CSA1,568,7 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.

SB40-CSA1, s. 990 Section 990. 46.283 (6) (a) 3. of the statutes is created to read:

SB40-CSA1,568,15 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.

SB40-CSA1, s. 991 Section 991. 46.283 (6) (b) of the statutes is created to read:

SB40-CSA1,568,18 46.283 (6) (b) The governing board of a resource center shall do all of the following:

SB40-CSA1,568,21 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.

SB40-CSA1,569,2 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.

SB40-CSA1,569,4 4. Report findings made under subds. 2. and 3. to the applicable regional long-term care advisory committee.

SB40-CSA1,569,7 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.

SB40-CSA1,569,9 7. Appoint members to the regional long-term care advisory committee, as provided under s. 46.2825 (1).

SB40-CSA1, s. 992 Section 992. 46.284 (1) (a) (intro.) of the statutes is amended to read:

SB40-CSA1,569,14 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:

SB40-CSA1, s. 993 Section 993. 46.284 (1) (a) 2. of the statutes is amended to read:

SB40-CSA1,569,17 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.

SB40-CSA1, s. 994 Section 994. 46.284 (2) (b) (intro.) of the statutes is repealed.

SB40-CSA1, s. 995 Section 995. 46.284 (2) (b) 1. of the statutes is repealed.

SB40-CSA1, s. 996 Section 996. 46.284 (2) (b) 2. of the statutes is repealed.

SB40-CSA1, s. 997 Section 997. 46.284 (2) (b) 3. of the statutes is renumbered 46.284 (2) (bm) and amended to read:

SB40-CSA1,570,8 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.

SB40-CSA1, s. 997m Section 997m. 46.284 (2) (c) of the statutes is created to read:

SB40-CSA1,570,22 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.

SB40-CSA1, s. 998 Section 998. 46.284 (3) (a) of the statutes is amended to read:

SB40-CSA1,571,5 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.