SB40-SSA1,797,415
49.89
(2) Subrogation. The department of health and family services, the
16department of
workforce development children and families, a county
, or an elected
17tribal governing body that provides any public assistance under this chapter or
18under s. 253.05 as a result of the occurrence of an injury, sickness
, or death that
19creates a claim or cause of action, whether in tort or contract, on the part of a public
20assistance recipient or beneficiary or the estate of a recipient or beneficiary against
21a 3rd party, including an insurer, is subrogated to the rights of the recipient,
22beneficiary or estate and may make a claim or maintain an action or intervene in a
23claim or action by the recipient, beneficiary
, or estate against the 3rd party.
24Subrogation under this subsection because of the provision of medical assistance
25under subch. IV constitutes a lien, equal to the amount of the medical assistance
1provided as a result of the injury, sickness
, or death that gave rise to the claim. The
2lien is on any payment resulting from a judgment or settlement that may be due the
3obligor. A lien under this subsection continues until it is released and discharged by
4the department of health and family services.
SB40-SSA1,797,96
49.89
(6) Departments' duties and powers. The department of health and
7family services and the department of
workforce development children and families 8shall enforce their rights under this section and may contract for the recovery of any
9claim or right of indemnity arising under this section.
SB40-SSA1,797,1411
49.89
(7) (b) The incentive payment shall be an amount equal to 15% of the
12amount recovered because of benefits paid under s. 49.46, 49.465, 49.468
or, 49.47
,
13or 49.471. The incentive payment shall be taken from the federal share of the sum
14recovered as provided under
42 CFR 433.153 and
433.154.
SB40-SSA1,797,2116
49.89
(7) (d) 2. Any county or elected tribal governing body that has made a
17recovery under this section for which it is eligible to receive an incentive payment
18under par. (c) shall report such recovery to the department of
workforce development 19children and families within 30 days after the end of the month in which the recovery
20is made in a manner specified by the department of
workforce development children
21and families.
SB40-SSA1,798,823
49.90
(2) Upon failure of these relatives to provide maintenance the authorities
24or board shall submit to the corporation counsel a report of its findings. Upon receipt
25of the report the corporation counsel shall, within 60 days, apply to the circuit court
1for the county in which the dependent person under sub. (1) (a) 1. or the child of a
2dependent person under sub. (1) (a) 2. resides for an order to compel the
3maintenance. Upon such an application the corporation counsel shall make a
4written report to the county department under s. 46.215, 46.22
, or 46.23, with a copy
5to the chairperson of the county board of supervisors in a county with a single-county
6department or the county boards of supervisors in counties with a multicounty
7department, and to the department of health and family services or the department
8of
workforce development children and families, whichever is appropriate.
SB40-SSA1,798,1810
49.90
(2g) In addition to the remedy specified in sub. (2), upon failure of a
11grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who
12is or may be required to provide maintenance under sub. (1) (a) 2., a child of a
13dependent minor or the child's parent may apply to the circuit court for the county
14in which the child resides for an order to compel the provision of maintenance. A
15county department under s. 46.215, 46.22
, or 46.23, a county child support agency
16under s. 59.53 (5)
, or the department of
workforce development children and families 17may initiate an action to obtain maintenance of the child by the child's grandparent
18under sub. (1) (a) 2., regardless of whether the child receives public assistance.
SB40-SSA1,799,2120
49.90
(4) The circuit court shall in a summary way hear the allegations and
21proofs of the parties and by order require maintenance from these relatives, if they
22have sufficient ability, considering their own future maintenance and making
23reasonable allowance for the protection of the property and investments from which
24they derive their living and their care and protection in old age, in the following
25order: First the husband or wife; then the father and the mother; and then the
1grandparents in the instances in which sub. (1) (a) 2. applies. The order shall specify
2a sum which will be sufficient for the support of the dependent person under sub. (1)
3(a) 1. or the maintenance of a child of a dependent person under sub. (1) (a) 2., to be
4paid weekly or monthly, during a period fixed by the order or until the further order
5of the court. If the court is satisfied that any such relative is unable wholly to
6maintain the dependent person or the child, but is able to contribute to the person's
7support or the child's maintenance, the court may direct 2 or more of the relatives
8to maintain the person or the child and prescribe the proportion each shall
9contribute. If the court is satisfied that these relatives are unable together wholly
10to maintain the dependent person or the child, but are able to contribute to the
11person's support or the child's maintenance, the court shall direct a sum to be paid
12weekly or monthly by each relative in proportion to ability. Contributions directed
13by court order, if for less than full support,
shall be paid to the department of health
14and family services
or the department of children and families, whichever is
15appropriate, and distributed as required by state and federal law. An order under
16this subsection that relates to maintenance required under sub. (1) (a) 2. shall
17specifically assign responsibility for and direct the manner of payment of the child's
18health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon
19application of any party affected by the order and upon like notice and procedure, the
20court may modify such an order. Obedience to such an order may be enforced by
21proceedings for contempt.
SB40-SSA1,799,2523
50.01
(1g) (b) A facility or private home that provides care, treatment
, and
24services only for victims of domestic abuse, as defined in s.
46.95 49.165 (1) (a), and
25their children.
SB40-SSA1, s. 1760
1Section
1760. 50.02 (2) (d) of the statutes is renumbered 50.02 (2) (d) (intro.)
2and amended to read:
SB40-SSA1,800,63
50.02
(2) (d) (intro.) The department shall promulgate rules that prescribe
the
4time periods and the methods of providing information specified in ss. 50.033 (2r) and
5(2s), 50.034 (5m) and (5n), 50.035 (4m) and (4n) and 50.04 (2g) (a) and (2h) (a). all of
6the following:
SB40-SSA1,800,118
50.02
(2) (d) 1. The method by which community-based residential facilities
9shall make referrals to resource centers or county departments under s. 50.035 (4n)
10and the method by which residential care apartment complexes shall make referrals
11to resource centers under s. 50.034 (5n).
SB40-SSA1,800,1513
50.02
(2) (d) 2. The time period for nursing homes to provide information to
14prospective residents under s. 50.04 (2g) (a) and the time period and method by which
15nursing homes shall make referrals to resource centers under s. 50.04 (2h) (a).
SB40-SSA1,801,320
50.034
(5m) Provision of information required. Subject to sub. (5p),
when a
21residential care apartment complex
shall, within the time period after inquiry by 22first provides written material regarding the residential care apartment complex to 23a prospective resident
that is prescribed by the department by rule, inform, the
24residential care apartment complex shall also provide the prospective resident
of 25information specified by the department concerning the services of a resource center
1under s. 46.283, the family care benefit under s. 46.286
, and the availability of a
2functional
screening and
a financial
screen and cost-sharing screening to determine
3the prospective resident's eligibility for the family care benefit under s. 46.286 (1).
SB40-SSA1, s. 1770
4Section
1770. 50.034 (5n) (intro.) of the statutes is amended to read:
SB40-SSA1,801,125
50.034
(5n) Required referral. (intro.) Subject to sub. (5p),
when a residential
6care apartment complex
shall, within the time period prescribed by the department
7by rule, refer to a resource center under s. 46.283 a person who is seeking admission, 8first provides written material regarding the residential care apartment complex to
9a prospective resident who is at least 65 years of age or has developmental disability
10or a physical disability and whose disability or condition is expected to last at least
1190 days,
the residential care apartment complex shall refer the prospective resident
12to a resource center under s. 46.283, unless any of the following applies:
SB40-SSA1,801,1714
50.034
(5n) (a) For a person
who has received a screen for
whom a screening
15for functional eligibility under s. 46.286 (1) (a)
has been performed within the
16previous 6 months, the referral under this subsection need not include performance
17of an additional functional
screen screening under s. 46.283 (4) (g).
SB40-SSA1,801,2419
50.034
(5n) (d) For a person who seeks admission or is about to be admitted on
20a private pay basis and who waives the requirement for a financial
screen and
21cost-sharing screening under s. 46.283 (4) (g), the referral under this subsection may
22not include performance of a financial
screen and cost-sharing screening under s.
2346.283 (4) (g), unless the person is expected to become eligible for medical assistance
24within 6 months.
SB40-SSA1,802,9
150.035
(4m) Provision of information required. Subject to sub. (4p),
when a
2community-based residential facility
shall, within the time period after inquiry by 3first provides written material regarding the community-based residential facility
4to a prospective resident
that is prescribed by the department by rule, inform, the
5community-based residential facility shall also provide the prospective resident
of 6information specified by the department concerning the services of a resource center
7under s. 46.283, the family care benefit under s. 46.286
, and the availability of a
8functional
screening and
a financial
screen and cost-sharing screening to determine
9the prospective resident's eligibility for the family care benefit under s. 46.286 (1).
SB40-SSA1, s. 1774
10Section
1774. 50.035 (4n) (intro.) of the statutes is amended to read:
SB40-SSA1,802,2211
50.035
(4n) Required referral. (intro.)
Subject to sub. (4p), When a
12community-based residential facility
shall, within the time period prescribed by the
13department by rule, refer to a resource center under s. 46.283 a person who is seeking
14admission, first provides written information regarding the community-based
15residential facility to a prospective resident who is at least 65 years of age or has
16developmental disability or a physical disability and whose disability or condition is
17expected to last at least 90 days,
the community-based residential facility shall refer
18the individual to a resource center under s. 46.283 or, if the secretary has not certified
19under s. 46.281 (3) that a resource center is available in the area of the
20community-based residential facility to serve individuals in an eligibility group to
21which the prospective resident belongs, to the county department that administers
22a program under ss. 46.27 or 46.277, unless any of the following applies:
SB40-SSA1,803,224
50.035
(4n) (a) For a person
who has received a screen for
whom a screening
25for functional eligibility under s. 46.286 (1) (a)
has been performed within the
1previous 6 months, the referral under this subsection need not include performance
2of an additional functional
screen screening under s. 46.283 (4) (g).
SB40-SSA1,803,94
50.035
(4n) (d) For a person who seeks admission or is about to be admitted on
5a private pay basis and who waives the requirement for a financial
screen and
6cost-sharing screening under s. 46.283 (4) (g), the referral under this subsection may
7not include performance of a financial
screen and cost-sharing screening under s.
846.283 (4) (g), unless the person is expected to become eligible for medical assistance
9within 6 months.
SB40-SSA1,803,1511
50.035
(4p) Applicability. Subsections Subsection (4m)
and (4n) apply applies 12only if the secretary has certified under s. 46.281 (3) that a resource center is
13available for the community-based residential facility and for specified groups of
14eligible individuals that include those persons seeking admission to or the residents
15of the community-based residential facility.
SB40-SSA1,803,2419
50.04
(2g) (a) Subject to sub. (2i), a nursing home shall, within the time period
20after inquiry by a prospective resident that is prescribed by the department by rule,
21inform the prospective resident of the services of a resource center under s. 46.283,
22the family care benefit under s. 46.286
, and the availability of a functional
screening 23and
a financial
screen and cost-sharing screening to determine the prospective
24resident's eligibility for the family care benefit under s. 46.286 (1).
SB40-SSA1,804,4
150.04
(2h) (a) 1. For a person
who has received a screen for
whom a screening
2for functional eligibility under s. 46.286 (1) (a)
has been performed within the
3previous 6 months, the referral under this paragraph need not include performance
4of an additional functional
screen screening under s. 46.283 (4) (g).
SB40-SSA1,804,116
50.04
(2h) (a) 4. For a person who seeks admission or is about to be admitted
7on a private pay basis and who waives the requirement for a financial
screen and
8cost-sharing screening under s. 46.283 (4) (g), the referral under this subsection may
9not include performance of a financial
screen and cost-sharing screening under s.
1046.283 (4) (g), unless the person
is expected to become eligible for medical assistance
11within 6 months.
SB40-SSA1,804,2313
50.06
(7) An individual who consents to an admission under this section may
14request that an assessment be conducted for the incapacitated individual under the
15long-term support community options program under s. 46.27 (6) or, if the secretary
16has certified under s. 46.281 (3) that a resource center is available for the individual,
17a functional
screening and
a financial
screen and cost-sharing screening to
18determine eligibility for the family care benefit under s. 46.286 (1). If admission is
19sought on behalf of the incapacitated individual or if the incapacitated individual is
20about to be admitted on a private pay basis, the individual who consents to the
21admission may waive the requirement for a financial
screen and cost-sharing
22screening under s. 46.283 (4) (g), unless the incapacitated individual is expected to
23become eligible for medical assistance within 6 months.
SB40-SSA1,805,2
150.135
(3) Exemption. The inpatient health care facilities under ss. 45.50,
248.62, 51.05, 51.06, 233.40, 233.41,
233.42 and 252.10 are exempt from this section.
SB40-SSA1,805,84
50.14
(2) (intro.) For the privilege of doing business in this state, there is
5imposed on all licensed beds of a facility an assessment
that may not exceed $445 per
6calendar month per licensed bed of an intermediate care facility for the mentally
7retarded and an assessment that may not exceed $75 in the following amount per
8calendar month per licensed bed of
a nursing home.
the facility:
SB40-SSA1,805,11
9(2g) The assessment moneys collected
under this section shall be deposited in
10the general fund, except amounts in excess of $13,800,000 shall be deposited in the
11Medical Assistance trust fund.
SB40-SSA1,805,12
12(2r) In determining the number of licensed beds, all of the following apply:
SB40-SSA1, s. 1801g
13Section 1801g. 50.14 (2) (a) of the statutes is renumbered 50.14 (2r) (a).
SB40-SSA1,805,1515
50.14
(2) (am) For nursing homes, an amount not to exceed $127.
SB40-SSA1, s. 1803m
16Section 1803m. 50.14 (2) (b) of the statutes is renumbered 50.14 (2r) (b).
SB40-SSA1,805,2218
50.14
(2) (bm) For intermediate care facilities for the mentally retarded, an
19amount calculated by multiplying the projected annual gross revenues of all
20intermediate care facilities for the mentally retarded in this state by 0.055, dividing
21the product by the number of licensed beds of intermediate care facilities in this state
22and dividing the quotient by 12.
SB40-SSA1,806,424
50.14
(2m) Prior to each state fiscal year, the department shall calculate the
25amount of the assessment under sub. (2) (bm) that shall apply during the fiscal year.
1The department may reduce the assessment amount during a state fiscal year to
2avoid collecting for the fiscal year an amount in bed assessment receipts under sub.
3(2) (bm) that exceeds 5.5 percent of the aggregate gross revenues for intermediate
4care facilities for the mentally retarded for the fiscal year.
SB40-SSA1,806,10
750.375 Assessment. (1) Beginning in 2007, for the privilege of doing business
8in this state, there is imposed on each hospital an annual assessment, based on the
9hospital's gross revenue that each hospital shall pay before December 1. The
10assessments shall be deposited into the health care quality fund.
SB40-SSA1,806,13
11(2) The department shall verify the amount of each hospital's gross revenue
12and determine the amount of each hospital's assessment, based on claims
13information that shall be provided to the department under s. 153.46 (5).
SB40-SSA1,806,17
14(3) Although the department may consider the revenue received by a hospital
15for services or items provided as benefits under subch. IV of chapter 49, the
16department's determination under sub. (2) shall be based on a rate not to exceed 1
17percent of the hospital's gross revenue, as adjusted by the department.
SB40-SSA1,806,22
18(4) Sections 77.59 (1) to (5), (6) (intro.), (a), and (c), and (7) to (10), 77.60 (1) to
19(7), (9), and (10), 77.61 (9) and (12) to (14), and 77.62, as they apply to the taxes under
20subch. III of ch. 77, apply to the assessment under this section, except that the
21amount of any assessment collected under sub. (1) shall be deposited in the health
22care quality fund.
SB40-SSA1,806,24
23(5) The department shall levy, enforce, and collect the assessment under this
24section and shall develop and distribute forms necessary for levying and collection.
SB40-SSA1,807,4
1(6) An affected hospital may contest an action by the department of health and
2family services under this section by submitting a written request for a hearing to
3the division of hearings and appeals in the department of administration within 30
4days after the date of the department's action.
SB40-SSA1,807,7
5(7) Any order or determination made by the division of hearings and appeals
6in the department of administration under a hearing as specified in sub. (6) is subject
7to judicial review as prescribed under ch. 227.
SB40-SSA1,807,1210
50.49
(6m) (am) An entity with which a care management organization, as
11defined in s. 46.2805 (1), contracts for care management services under s. 46.284 (4)
12(d), for purposes of providing the contracted services.
SB40-SSA1,807,2214
50.498
(1m) If an individual who applies for a certificate of approval, license
15or provisional license under sub. (1) does not have a social security number, the
16individual, as a condition of obtaining the certificate of approval, license or
17provisional license, shall submit a statement made or subscribed under oath or
18affirmation to the department that the applicant does not have a social security
19number. The form of the statement shall be prescribed by the department of
20workforce development children and families. A certificate of approval, license or
21provisional license issued in reliance upon a false statement submitted under this
22subsection is invalid.
SB40-SSA1,808,524
51.032
(1m) If an individual who applies for a certification or approval under
25sub. (1) does not have a social security number, the individual, as a condition of
1obtaining the certification or approval, shall submit a statement made or subscribed
2under oath or affirmation to the department that the applicant does not have a social
3security number. The form of the statement shall be prescribed by the department
4of
workforce development children and families. A certification or approval issued
5in reliance upon a false statement submitted under this subsection is invalid.
SB40-SSA1,808,14
751.038 Outpatient mental health clinic certification. Except as provided
8in s. 51.032, if a facility that provides mental health services on an outpatient basis
9holds current accreditation from the council on accreditation of services for families
10and children, the department may accept evidence of this accreditation as equivalent
11to the standards established by the department, for the purpose of certifying the
12facility for the receipt of funds for services provided as a benefit to a medical
13assistance recipient under s. 49.46 (2) (b) 6. f.
or 49.471 (11) (k), a community aids
14funding recipient under s. 51.423 (2) or as mandated coverage under s. 632.89.
SB40-SSA1,808,21
1651.04 Treatment facility certification. Except as provided in s. 51.032, any
17treatment facility may apply to the department for certification of the facility for the
18receipt of funds for services provided as a benefit to a medical assistance recipient
19under s. 49.46 (2) (b) 6. f.
or 49.471 (11) (k) or to a community aids funding recipient
20under s. 51.423 (2) or provided as mandated coverage under s. 632.89. The
21department shall annually charge a fee for each certification.
SB40-SSA1,809,523
51.15
(9) Notice of rights. At the time of detention the individual shall be
24informed by the director of the facility or such person's designee, both orally and in
25writing, of his or her right to contact an attorney and a member of his or her
1immediate family, the right to have an attorney provided at public expense, as
2provided under s.
967.06 and ch. 977, if the individual is a child or is indigent, 51.60, 3and the right to remain silent and that the individual's statements may be used as
4a basis for commitment. The individual shall also be provided with a copy of the
5statement of emergency detention.