Amendment SSA1-SB40

SB40-SSA1,797,9 49.89 (6) Departments' duties and powers. The department of health and family services and the department of workforce development children and families shall enforce their rights under this section and may contract for the recovery of any claim or right of indemnity arising under this section.

SB40-SSA1, s. 1752 Section 1752. 49.89 (7) (b) of the statutes is amended to read:

SB40-SSA1,797,14 49.89 (7) (b) The incentive payment shall be an amount equal to 15% of the amount recovered because of benefits paid under s. 49.46, 49.465, 49.468 or, 49.47, or 49.471. The incentive payment shall be taken from the federal share of the sum recovered as provided under 42 CFR 433.153 and 433.154.

SB40-SSA1, s. 1753 Section 1753. 49.89 (7) (d) 2. of the statutes is amended to read:

SB40-SSA1,797,21 49.89 (7) (d) 2. Any county or elected tribal governing body that has made a recovery under this section for which it is eligible to receive an incentive payment under par. (c) shall report such recovery to the department of workforce development children and families within 30 days after the end of the month in which the recovery is made in a manner specified by the department of workforce development children and families.

SB40-SSA1, s. 1756 Section 1756. 49.90 (2) of the statutes is amended to read:

SB40-SSA1,798,8 49.90 (2) Upon failure of these relatives to provide maintenance the authorities or board shall submit to the corporation counsel a report of its findings. Upon receipt of the report the corporation counsel shall, within 60 days, apply to the circuit court for the county in which the dependent person under sub. (1) (a) 1. or the child of a dependent person under sub. (1) (a) 2. resides for an order to compel the maintenance. Upon such an application the corporation counsel shall make a written report to the county department under s. 46.215, 46.22, or 46.23, with a copy to the chairperson of the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department, and to the department of health and family services or the department of workforce development children and families, whichever is appropriate.

SB40-SSA1, s. 1757 Section 1757. 49.90 (2g) of the statutes is amended to read:

SB40-SSA1,798,18 49.90 (2g) In addition to the remedy specified in sub. (2), upon failure of a grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who is or may be required to provide maintenance under sub. (1) (a) 2., a child of a dependent minor or the child's parent may apply to the circuit court for the county in which the child resides for an order to compel the provision of maintenance. A county department under s. 46.215, 46.22, or 46.23, a county child support agency under s. 59.53 (5), or the department of workforce development children and families may initiate an action to obtain maintenance of the child by the child's grandparent under sub. (1) (a) 2., regardless of whether the child receives public assistance.

SB40-SSA1, s. 1758 Section 1758. 49.90 (4) of the statutes is amended to read:

SB40-SSA1,799,21 49.90 (4) The circuit court shall in a summary way hear the allegations and proofs of the parties and by order require maintenance from these relatives, if they have sufficient ability, considering their own future maintenance and making reasonable allowance for the protection of the property and investments from which they derive their living and their care and protection in old age, in the following order: First the husband or wife; then the father and the mother; and then the grandparents in the instances in which sub. (1) (a) 2. applies. The order shall specify a sum which will be sufficient for the support of the dependent person under sub. (1) (a) 1. or the maintenance of a child of a dependent person under sub. (1) (a) 2., to be paid weekly or monthly, during a period fixed by the order or until the further order of the court. If the court is satisfied that any such relative is unable wholly to maintain the dependent person or the child, but is able to contribute to the person's support or the child's maintenance, the court may direct 2 or more of the relatives to maintain the person or the child and prescribe the proportion each shall contribute. If the court is satisfied that these relatives are unable together wholly to maintain the dependent person or the child, but are able to contribute to the person's support or the child's maintenance, the court shall direct a sum to be paid weekly or monthly by each relative in proportion to ability. Contributions directed by court order, if for less than full support, shall be paid to the department of health and family services or the department of children and families, whichever is appropriate, and distributed as required by state and federal law. An order under this subsection that relates to maintenance required under sub. (1) (a) 2. shall specifically assign responsibility for and direct the manner of payment of the child's health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon application of any party affected by the order and upon like notice and procedure, the court may modify such an order. Obedience to such an order may be enforced by proceedings for contempt.

SB40-SSA1, s. 1759 Section 1759. 50.01 (1g) (b) of the statutes is amended to read:

SB40-SSA1,799,25 50.01 (1g) (b) A facility or private home that provides care, treatment, and services only for victims of domestic abuse, as defined in s. 46.95 49.165 (1) (a), and their children.

SB40-SSA1, s. 1760 Section 1760. 50.02 (2) (d) of the statutes is renumbered 50.02 (2) (d) (intro.) and amended to read:

SB40-SSA1,800,6 50.02 (2) (d) (intro.) The department shall promulgate rules that prescribe the time periods and the methods of providing information specified in ss. 50.033 (2r) and (2s), 50.034 (5m) and (5n), 50.035 (4m) and (4n) and 50.04 (2g) (a) and (2h) (a). all of the following:

SB40-SSA1, s. 1761 Section 1761. 50.02 (2) (d) 1. of the statutes is created to read:

SB40-SSA1,800,11 50.02 (2) (d) 1. The method by which community-based residential facilities shall make referrals to resource centers or county departments under s. 50.035 (4n) and the method by which residential care apartment complexes shall make referrals to resource centers under s. 50.034 (5n).

SB40-SSA1, s. 1762 Section 1762. 50.02 (2) (d) 2. of the statutes is created to read:

SB40-SSA1,800,15 50.02 (2) (d) 2. The time period for nursing homes to provide information to prospective residents under s. 50.04 (2g) (a) and the time period and method by which nursing homes shall make referrals to resource centers under s. 50.04 (2h) (a).

SB40-SSA1, s. 1765 Section 1765. 50.033 (2r) of the statutes is repealed.

SB40-SSA1, s. 1766 Section 1766. 50.033 (2s) of the statutes is repealed.

SB40-SSA1, s. 1767 Section 1767. 50.033 (2t) of the statutes is repealed.

SB40-SSA1, s. 1769 Section 1769. 50.034 (5m) of the statutes is amended to read:

SB40-SSA1,801,3 50.034 (5m) Provision of information required. Subject to sub. (5p), when a residential care apartment complex shall, within the time period after inquiry by first provides written material regarding the residential care apartment complex to a prospective resident that is prescribed by the department by rule, inform, the residential care apartment complex shall also provide the prospective resident of information specified by the department concerning the services of a resource center under s. 46.283, the family care benefit under s. 46.286, and the availability of a functional screening and a financial screen and cost-sharing screening to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

SB40-SSA1, s. 1770 Section 1770. 50.034 (5n) (intro.) of the statutes is amended to read:

SB40-SSA1,801,12 50.034 (5n) Required referral. (intro.) Subject to sub. (5p), when a residential care apartment complex shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, first provides written material regarding the residential care apartment complex to a prospective resident who is at least 65 years of age or has developmental disability or a physical disability and whose disability or condition is expected to last at least 90 days, the residential care apartment complex shall refer the prospective resident to a resource center under s. 46.283, unless any of the following applies:

SB40-SSA1, s. 1771 Section 1771. 50.034 (5n) (a) of the statutes is amended to read:

SB40-SSA1,801,17 50.034 (5n) (a) For a person who has received a screen for whom a screening for functional eligibility under s. 46.286 (1) (a) has been performed within the previous 6 months, the referral under this subsection need not include performance of an additional functional screen screening under s. 46.283 (4) (g).

SB40-SSA1, s. 1772 Section 1772. 50.034 (5n) (d) of the statutes is amended to read:

SB40-SSA1,801,24 50.034 (5n) (d) For a person who seeks admission or is about to be admitted on a private pay basis and who waives the requirement for a financial screen and cost-sharing screening under s. 46.283 (4) (g), the referral under this subsection may not include performance of a financial screen and cost-sharing screening under s. 46.283 (4) (g), unless the person is expected to become eligible for medical assistance within 6 months.

SB40-SSA1, s. 1773 Section 1773. 50.035 (4m) of the statutes is amended to read:

SB40-SSA1,802,9 50.035 (4m) Provision of information required. Subject to sub. (4p), when a community-based residential facility shall, within the time period after inquiry by first provides written material regarding the community-based residential facility to a prospective resident that is prescribed by the department by rule, inform, the community-based residential facility shall also provide the prospective resident of information specified by the department concerning the services of a resource center under s. 46.283, the family care benefit under s. 46.286, and the availability of a functional screening and a financial screen and cost-sharing screening to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

SB40-SSA1, s. 1774 Section 1774. 50.035 (4n) (intro.) of the statutes is amended to read:

SB40-SSA1,802,22 50.035 (4n) Required referral. (intro.) Subject to sub. (4p), When a community-based residential facility shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, first provides written information regarding the community-based residential facility to a prospective resident who is at least 65 years of age or has developmental disability or a physical disability and whose disability or condition is expected to last at least 90 days, the community-based residential facility shall refer the individual to a resource center under s. 46.283 or, if the secretary has not certified under s. 46.281 (3) that a resource center is available in the area of the community-based residential facility to serve individuals in an eligibility group to which the prospective resident belongs, to the county department that administers a program under ss. 46.27 or 46.277, unless any of the following applies:

SB40-SSA1, s. 1775 Section 1775. 50.035 (4n) (a) of the statutes is amended to read:

SB40-SSA1,803,2 50.035 (4n) (a) For a person who has received a screen for whom a screening for functional eligibility under s. 46.286 (1) (a) has been performed within the previous 6 months, the referral under this subsection need not include performance of an additional functional screen screening under s. 46.283 (4) (g).

SB40-SSA1, s. 1776 Section 1776. 50.035 (4n) (d) of the statutes is amended to read:

SB40-SSA1,803,9 50.035 (4n) (d) For a person who seeks admission or is about to be admitted on a private pay basis and who waives the requirement for a financial screen and cost-sharing screening under s. 46.283 (4) (g), the referral under this subsection may not include performance of a financial screen and cost-sharing screening under s. 46.283 (4) (g), unless the person is expected to become eligible for medical assistance within 6 months.

SB40-SSA1, s. 1777 Section 1777. 50.035 (4p) of the statutes is amended to read:

SB40-SSA1,803,15 50.035 (4p) Applicability. Subsections Subsection (4m) and (4n) apply applies only if the secretary has certified under s. 46.281 (3) that a resource center is available for the community-based residential facility and for specified groups of eligible individuals that include those persons seeking admission to or the residents of the community-based residential facility.

SB40-SSA1, s. 1779 Section 1779. 50.035 (7) of the statutes is repealed.

SB40-SSA1, s. 1780 Section 1780. 50.035 (9) of the statutes is repealed.

SB40-SSA1, s. 1782 Section 1782. 50.04 (2g) (a) of the statutes is amended to read:

SB40-SSA1,803,24 50.04 (2g) (a) Subject to sub. (2i), a nursing home shall, within the time period after inquiry by a prospective resident that is prescribed by the department by rule, inform the prospective resident of the services of a resource center under s. 46.283, the family care benefit under s. 46.286, and the availability of a functional screening and a financial screen and cost-sharing screening to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

SB40-SSA1, s. 1783 Section 1783. 50.04 (2h) (a) 1. of the statutes is amended to read:

SB40-SSA1,804,4 50.04 (2h) (a) 1. For a person who has received a screen for whom a screening for functional eligibility under s. 46.286 (1) (a) has been performed within the previous 6 months, the referral under this paragraph need not include performance of an additional functional screen screening under s. 46.283 (4) (g).

SB40-SSA1, s. 1784 Section 1784. 50.04 (2h) (a) 4. of the statutes is amended to read:

SB40-SSA1,804,11 50.04 (2h) (a) 4. For a person who seeks admission or is about to be admitted on a private pay basis and who waives the requirement for a financial screen and cost-sharing screening under s. 46.283 (4) (g), the referral under this subsection may not include performance of a financial screen and cost-sharing screening under s. 46.283 (4) (g), unless the person is expected to become eligible for medical assistance within 6 months.

SB40-SSA1, s. 1792 Section 1792. 50.06 (7) of the statutes is amended to read:

SB40-SSA1,804,23 50.06 (7) An individual who consents to an admission under this section may request that an assessment be conducted for the incapacitated individual under the long-term support community options program under s. 46.27 (6) or, if the secretary has certified under s. 46.281 (3) that a resource center is available for the individual, a functional screening and a financial screen and cost-sharing screening to determine eligibility for the family care benefit under s. 46.286 (1). If admission is sought on behalf of the incapacitated individual or if the incapacitated individual is about to be admitted on a private pay basis, the individual who consents to the admission may waive the requirement for a financial screen and cost-sharing screening under s. 46.283 (4) (g), unless the incapacitated individual is expected to become eligible for medical assistance within 6 months.

SB40-SSA1, s. 1799m Section 1799m. 50.135 (3) of the statutes is amended to read:

SB40-SSA1,805,2 50.135 (3) Exemption. The inpatient health care facilities under ss. 45.50, 48.62, 51.05, 51.06, 233.40, 233.41, 233.42 and 252.10 are exempt from this section.

SB40-SSA1, s. 1800 Section 1800. 50.14 (2) (intro.) of the statutes is amended to read:

SB40-SSA1,805,8 50.14 (2) (intro.) For the privilege of doing business in this state, there is imposed on all licensed beds of a facility an assessment that may not exceed $445 per calendar month per licensed bed of an intermediate care facility for the mentally retarded and an assessment that may not exceed $75 in the following amount per calendar month per licensed bed of a nursing home. the facility:

SB40-SSA1,805,11 (2g) The assessment moneys collected under this section shall be deposited in the general fund, except amounts in excess of $13,800,000 shall be deposited in the Medical Assistance trust fund.

SB40-SSA1,805,12 (2r) In determining the number of licensed beds, all of the following apply:

SB40-SSA1, s. 1801g Section 1801g. 50.14 (2) (a) of the statutes is renumbered 50.14 (2r) (a).

SB40-SSA1, s. 1802 Section 1802. 50.14 (2) (am) of the statutes is created to read:

SB40-SSA1,805,15 50.14 (2) (am) For nursing homes, an amount not to exceed $127.

SB40-SSA1, s. 1803m Section 1803m. 50.14 (2) (b) of the statutes is renumbered 50.14 (2r) (b).

SB40-SSA1, s. 1804 Section 1804. 50.14 (2) (bm) of the statutes is created to read:

SB40-SSA1,805,22 50.14 (2) (bm) For intermediate care facilities for the mentally retarded, an amount calculated by multiplying the projected annual gross revenues of all intermediate care facilities for the mentally retarded in this state by 0.055, dividing the product by the number of licensed beds of intermediate care facilities in this state and dividing the quotient by 12.

SB40-SSA1, s. 1805 Section 1805. 50.14 (2m) of the statutes is created to read:

SB40-SSA1,806,4 50.14 (2m) Prior to each state fiscal year, the department shall calculate the amount of the assessment under sub. (2) (bm) that shall apply during the fiscal year. The department may reduce the assessment amount during a state fiscal year to avoid collecting for the fiscal year an amount in bed assessment receipts under sub. (2) (bm) that exceeds 5.5 percent of the aggregate gross revenues for intermediate care facilities for the mentally retarded for the fiscal year.

SB40-SSA1, s. 1806 Section 1806. 50.36 (2) (c) of the statutes is repealed.

SB40-SSA1, s. 1807 Section 1807. 50.375 of the statutes is created to read:

SB40-SSA1,806,10 50.375 Assessment. (1) Beginning in 2007, for the privilege of doing business in this state, there is imposed on each hospital an annual assessment, based on the hospital's gross revenue that each hospital shall pay before December 1. The assessments shall be deposited into the health care quality fund.

SB40-SSA1,806,13 (2) The department shall verify the amount of each hospital's gross revenue and determine the amount of each hospital's assessment, based on claims information that shall be provided to the department under s. 153.46 (5).

SB40-SSA1,806,17 (3) Although the department may consider the revenue received by a hospital for services or items provided as benefits under subch. IV of chapter 49, the department's determination under sub. (2) shall be based on a rate not to exceed 1 percent of the hospital's gross revenue, as adjusted by the department.

SB40-SSA1,806,22 (4) Sections 77.59 (1) to (5), (6) (intro.), (a), and (c), and (7) to (10), 77.60 (1) to (7), (9), and (10), 77.61 (9) and (12) to (14), and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to the assessment under this section, except that the amount of any assessment collected under sub. (1) shall be deposited in the health care quality fund.

SB40-SSA1,806,24 (5) The department shall levy, enforce, and collect the assessment under this section and shall develop and distribute forms necessary for levying and collection.

SB40-SSA1,807,4 (6) An affected hospital may contest an action by the department of health and family services under this section by submitting a written request for a hearing to the division of hearings and appeals in the department of administration within 30 days after the date of the department's action.

SB40-SSA1,807,7 (7) Any order or determination made by the division of hearings and appeals in the department of administration under a hearing as specified in sub. (6) is subject to judicial review as prescribed under ch. 227.

SB40-SSA1, s. 1808 Section 1808. 50.38 of the statutes is repealed.

SB40-SSA1, s. 1809 Section 1809. 50.49 (6m) (am) of the statutes is created to read:

SB40-SSA1,807,12 50.49 (6m) (am) An entity with which a care management organization, as defined in s. 46.2805 (1), contracts for care management services under s. 46.284 (4) (d), for purposes of providing the contracted services.

SB40-SSA1, s. 1810 Section 1810. 50.498 (1m) of the statutes is amended to read:

SB40-SSA1,807,22 50.498 (1m) If an individual who applies for a certificate of approval, license or provisional license under sub. (1) does not have a social security number, the individual, as a condition of obtaining the certificate of approval, license or provisional license, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A certificate of approval, license or provisional license issued in reliance upon a false statement submitted under this subsection is invalid.

SB40-SSA1, s. 1811 Section 1811. 51.032 (1m) of the statutes is amended to read:

SB40-SSA1,808,5 51.032 (1m) If an individual who applies for a certification or approval under sub. (1) does not have a social security number, the individual, as a condition of obtaining the certification or approval, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A certification or approval issued in reliance upon a false statement submitted under this subsection is invalid.

SB40-SSA1, s. 1812 Section 1812. 51.038 of the statutes is amended to read:

SB40-SSA1,808,14 51.038 Outpatient mental health clinic certification. Except as provided in s. 51.032, if a facility that provides mental health services on an outpatient basis holds current accreditation from the council on accreditation of services for families and children, the department may accept evidence of this accreditation as equivalent to the standards established by the department, for the purpose of certifying the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f. or 49.471 (11) (k), a community aids funding recipient under s. 51.423 (2) or as mandated coverage under s. 632.89.

SB40-SSA1, s. 1813 Section 1813. 51.04 of the statutes is amended to read:

SB40-SSA1,808,21 51.04 Treatment facility certification. Except as provided in s. 51.032, any treatment facility may apply to the department for certification of the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f. or 49.471 (11) (k) or to a community aids funding recipient under s. 51.423 (2) or provided as mandated coverage under s. 632.89. The department shall annually charge a fee for each certification.

SB40-SSA1, s. 1814 Section 1814. 51.15 (9) of the statutes is amended to read:

SB40-SSA1,809,5 51.15 (9) Notice of rights. At the time of detention the individual shall be informed by the director of the facility or such person's designee, both orally and in writing, of his or her right to contact an attorney and a member of his or her immediate family, the right to have an attorney provided at public expense, as provided under s. 967.06 and ch. 977, if the individual is a child or is indigent, 51.60, and the right to remain silent and that the individual's statements may be used as a basis for commitment. The individual shall also be provided with a copy of the statement of emergency detention.

SB40-SSA1, s. 1815 Section 1815. 51.20 (3) of the statutes is amended to read:

SB40-SSA1,809,13 51.20 (3) Legal counsel. At the time of the filing of the petition the court shall assure that the subject individual is represented by adversary counsel . If the individual claims or appears to be indigent, the court shall refer the person to the authority for indigency determinations specified under s. 977.07 (1). If the individual is a child, the court shall refer that child by referring the individual to the state public defender, who shall appoint counsel for the child individual without a determination of indigency, as provided in s. 48.23 (4) 51.60.

SB40-SSA1, s. 1816 Section 1816. 51.20 (18) (c) of the statutes is amended to read: