SB40-SSA1,525,113 48.645 (2) (a) 2. A county or, in a county having a population of 500,000 or more,
4the department, on behalf of a child in the legal custody of a county department under
5s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) or on behalf of a child
6who was removed from the home of a relative, as defined under s. 48.02 (15), as a
7result of a judicial determination that continuance in the home of a relative would
8be contrary to the child's welfare for any reason when such the child is placed in a
9licensed child caring institution residential care center for children and youth by the
10county department or the department. Reimbursement shall be made by the state
11pursuant to as provided in subd. 1.
SB40-SSA1, s. 900 12Section 900. 46.261 (2) (a) 3. of the statutes is renumbered 48.645 (2) (a) 3. and
13amended to read:
SB40-SSA1,525,2414 48.645 (2) (a) 3. A county or, in a county having a population of 500,000 or more,
15the department, when the child is placed in a licensed foster home, treatment foster
16home, group home, or residential care center for children and youth or in a subsidized
17guardianship home by a licensed child welfare agency or by a federally recognized
18American Indian tribal governing body in this state or by its designee, if the child is
19in the legal custody of the county department under s. 46.215, 46.22, or 46.23 or the
20department under s. 48.48 (17) or if the child was removed from the home of a
21relative, as defined under s. 48.02 (15), as a result of a judicial determination that
22continuance in the home of the relative would be contrary to the child's welfare for
23any reason and the placement is made pursuant to under an agreement with the
24county department or the department.
SB40-SSA1, s. 901
1Section 901. 46.261 (2) (a) 4. of the statutes is renumbered 48.645 (2) (a) 4. and
2amended to read:
SB40-SSA1,526,113 48.645 (2) (a) 4. A licensed foster home, treatment foster home, group home,
4or residential care center for children and youth or a subsidized guardianship home
5when the child is in the custody or guardianship of the state, when the child is a ward
6of an American Indian tribal court in this state and the placement is made under an
7agreement between the department and the tribal governing body, or when the child
8was part of the state's direct service case load and was removed from the home of a
9relative, as defined under s. 48.02 (15), as a result of a judicial determination that
10continuance in the home of a relative would be contrary to the child's welfare for any
11reason and the child is placed by the department.
SB40-SSA1, s. 902 12Section 902. 46.261 (2) (b) of the statutes is renumbered 48.645 (2) (b).
SB40-SSA1, s. 903 13Section 903. 46.261 (3) of the statutes is renumbered 48.645 (3).
SB40-SSA1, s. 904 14Section 904. 46.27 (4) (am) of the statutes is amended to read:
SB40-SSA1,526,1815 46.27 (4) (am) If a local long-term care council in a county the governing board
16of a resource center
assumes under s. 46.282 (3) (b) 46.283 (6) (b) 10. the duties of the
17county long-term support planning committee under this subsection, the county
18long-term support planning committee for the county is dissolved.
SB40-SSA1, s. 905 19Section 905. 46.27 (4) (c) (intro.) of the statutes is amended to read:
SB40-SSA1,526,2420 46.27 (4) (c) (intro.) The planning committee shall develop, or, if a local
21long-term care council
the governing board of a resource center has under s. 46.282
22(3) (b)
46.283 (6) (b) 10. assumed the duties of the planning committee, the local
23long-term care council
governing board of the resource center shall recommend a
24community options plan for participation in the program. The plan shall include:
SB40-SSA1, s. 906 25Section 906. 46.27 (4) (c) 5. of the statutes is amended to read:
SB40-SSA1,527,5
146.27 (4) (c) 5. A description of the method to be used by the committee or, if
2 a local long-term care council the governing board of a resource center has under
3s. 46.282 (3) (b) 46.283 (6) (b) 10. assumed the duties of the planning committee, the
4local long-term care council governing board of the resource center to monitor the
5implementation of the program.
SB40-SSA1, s. 907 6Section 907. 46.27 (4) (c) 8. of the statutes is amended to read:
SB40-SSA1,527,97 46.27 (4) (c) 8. If a contract with an entity under s. 46.281 (1) (e) 1. 46.284 (2)
8is established in the county, a description of how the activities of the entity relate to
9and are coordinated with the county's proposed program.
SB40-SSA1, s. 908 10Section 908. 46.27 (5) (am) of the statutes is amended to read:
SB40-SSA1,527,2311 46.27 (5) (am) Organize assessment activities specified in sub. (6). The county
12department or aging unit shall utilize persons for each assessment who can
13determine the needs of the person being assessed and who know the availability
14within the county of services alternative to placement in a nursing home. If any
15hospital patient is referred to a nursing home for admission, these persons shall work
16with the hospital discharge planner in performing the activities specified in sub. (6).
17The county department or aging unit shall coordinate the involvement of
18representatives from the county departments under ss. 46.215, 46.22, 51.42 and
1951.437, health service providers and the county commission on aging in the
20assessment activities specified in sub. (6), as well as the person being assessed and
21members of the person's family or the person's guardian. This paragraph does not
22apply to a county department or aging unit in a county in which the department has
23contracted with an entity under s. 46.281 (1) (e) 1 46.284 (2).
SB40-SSA1, s. 909 24Section 909. 46.27 (5) (j) of the statutes is created to read:
SB40-SSA1,528,4
146.27 (5) (j) Within the time period specified by the department, offer
2counseling, that is specified by the department, concerning public and private
3benefit programs to prospective residents of community-based residential facilities
4who are referred to the county department or aging unit under s. 50.035 (4n).
SB40-SSA1, s. 910 5Section 910. 46.27 (6) (a) 3. of the statutes is amended to read:
SB40-SSA1,528,146 46.27 (6) (a) 3. In each participating county, except in counties in which the
7department has contracted with an entity under s. 46.281 (1) (e) 1. 46.284 (2),
8assessments shall be conducted for those persons and in accordance with the
9procedures described in the county's community options plan. The county may elect
10to establish assessment priorities for persons in target groups identified by the
11county in its plan regarding gradual implementation. If a person who is already
12admitted to a nursing home requests an assessment and if funds allocated for
13assessments under sub. (7) (am) are available, the county shall conduct the
14assessment.
SB40-SSA1, s. 911 15Section 911. 46.27 (6g) (intro.) of the statutes is amended to read:
SB40-SSA1,528,2016 46.27 (6g) Fiscal responsibility. (intro.) Except as provided in s. 51.40, and
17within the limitations under sub. (7) (b), the fiscal responsibility of a county for an
18assessment, unless the assessment is performed by an entity under a contract as
19specified under s. 46.281 (1) (e) 1. 46.284 (2), case plan, or services provided to a
20person under this section is as follows:
SB40-SSA1, s. 912 21Section 912. 46.27 (6u) (c) 1. a. of the statutes is amended to read:
SB40-SSA1,528,2322 46.27 (6u) (c) 1. a. Eligible for medical assistance under s. 49.46, 49.468 or,
2349.47, or 49.471 (4) (a).
SB40-SSA1, s. 913 24Section 913. 46.27 (6u) (d) (intro.) of the statutes is amended to read:
SB40-SSA1,529,6
146.27 (6u) (d) (intro.) In determining financial eligibility under par. (c) 1. and
2in calculating the amount under par. (c) 2., the county department or aging unit shall
3include as the assets for any person, except those persons who are eligible for medical
4assistance under s. 49.46, 49.468 or, 49.47, or 49.471 (4) (a), any portion of assets that
5the person or the person's spouse has, after August 12, 1993, transferred to another
6as specified in par. (b), unless one of the following conditions applies:
SB40-SSA1, s. 914 7Section 914. 46.27 (7) (am) of the statutes is amended to read:
SB40-SSA1,529,168 46.27 (7) (am) From the appropriation under s. 20.435 (7) (bd), the department
9shall allocate funds to each county or private nonprofit agency with which the
10department contracts to pay assessment and case plan costs under sub. (6) not
11otherwise paid by fee or under s. 49.45 or 49.78 (2). The department shall reimburse
12counties for the cost of assessing persons eligible for medical assistance under s.
1349.46, 49.468, or 49.47, or 49.471 (4) (a) as part of the administrative services of
14medical assistance, payable under s. 49.45 (3) (a). Counties may use unspent funds
15allocated under this paragraph to pay the cost of long-term community support
16services and for a risk reserve under par. (fr).
SB40-SSA1, s. 915 17Section 915. 46.27 (7) (b) of the statutes is amended to read:
SB40-SSA1,530,618 46.27 (7) (b) From the appropriations under s. 20.435 (7) (bd) and (im), the
19department shall allocate funds to each county to pay the cost of providing long-term
20community support services under sub. (5) (b) not otherwise paid under s. 49.45 to
21persons eligible for medical assistance under s. 49.46 or , 49.47, or 49.471 (4) (a) or
22to persons whom the county department or aging unit administering the program
23finds likely to become medically indigent within 6 months by spending excess income
24or assets for medical or remedial care. The average per person reimbursement under
25this paragraph may not exceed the state share of the average per person payment

1rate the department expects under s. 49.45 (6m). The county department or aging
2unit administering the program may spend funds received under this paragraph
3only in accordance with the case plan and service contract created for each person
4receiving long-term community support services. Counties may use unspent funds
5allocated under this paragraph from the appropriation under s. 20.435 (7) (bd) for a
6risk reserve under par. (fr).
SB40-SSA1, s. 916 7Section 916. 46.27 (7) (cj) 3. a. of the statutes is repealed.
SB40-SSA1, s. 917 8Section 917. 46.27 (7) (fr) 3. c. of the statutes is amended to read:
SB40-SSA1,530,109 46.27 (7) (fr) 3. c. If approved by a resolution of the county board of supervisors,
10to transfer funds to a family long-term care district.
SB40-SSA1, s. 918 11Section 918. 46.27 (9) (a) of the statutes is amended to read:
SB40-SSA1,530,2012 46.27 (9) (a) The department may select up to 5 counties that volunteer to
13participate in a pilot project under which they will receive certain funds allocated for
14long-term care. The department shall allocate a level of funds to these counties
15equal to the amount that would otherwise be paid under s. 20.435 (4) (b), (gp), or (w),
16or (xd) to nursing homes for providing care because of increased utilization of nursing
17home services, as estimated by the department. In estimating these levels, the
18department shall exclude any increased utilization of services provided by state
19centers for the developmentally disabled. The department shall calculate these
20amounts on a calendar year basis under sub. (10).
SB40-SSA1, s. 919 21Section 919. 46.27 (9) (c) of the statutes is amended to read:
SB40-SSA1,531,222 46.27 (9) (c) All long-term community support services provided under this
23pilot project in lieu of nursing home care shall be consistent with those services
24described in the participating county's community options plan under sub. (4) (c) 1.
25and provided under sub. (5) (b). Unless the department has contracted under s.

146.281 (1) (e) 1. 46.284 (2) with an entity other than the county department, each
2county participating in the pilot project shall assess persons under sub. (6).
SB40-SSA1, s. 920 3Section 920. 46.27 (10) (a) 1. of the statutes is amended to read:
SB40-SSA1,531,94 46.27 (10) (a) 1. The department shall determine for each county participating
5in the pilot project under sub. (9) a funding level of state medical assistance
6expenditures to be received by the county. This level shall equal the amount that the
7department determines would otherwise be paid under s. 20.435 (4) (b), (gp), or (w),
8or (xd), or because of increased utilization of nursing home services, as estimated by
9the department.
SB40-SSA1, s. 921 10Section 921. 46.27 (11) (c) 5n. a. of the statutes is repealed.
SB40-SSA1, s. 922 11Section 922. 46.275 (1m) (a) of the statutes is amended to read:
SB40-SSA1,531,1312 46.275 (1m) (a) "Medical assistance" means aid provided under subch. IV of ch.
1349, except s. ss. 49.468 and 49.471.
SB40-SSA1, s. 923 14Section 923. 46.275 (5) (a) of the statutes is amended to read:
SB40-SSA1,531,2015 46.275 (5) (a) Medical Assistance reimbursement for services a county, or the
16department under sub. (3r), provides under this program is available from the
17appropriation accounts under s. 20.435 (4) (b), (gp), (o), and (w), and (xd). If 2 or more
18counties jointly contract to provide services under this program and the department
19approves the contract, Medical Assistance reimbursement is also available for
20services provided jointly by these counties.
SB40-SSA1, s. 924 21Section 924. 46.275 (5) (c) of the statutes is amended to read:
SB40-SSA1,532,322 46.275 (5) (c) The total allocation under s. 20.435 (4) (b), (gp), (o), and (w), and
23(xd)
to counties and to the department under sub. (3r) for services provided under
24this section may not exceed the amount approved by the federal department of health
25and human services. A county may use funds received under this section only to

1provide services to persons who meet the requirements under sub. (4) and may not
2use unexpended funds received under this section to serve other developmentally
3disabled persons residing in the county.
SB40-SSA1, s. 926 4Section 926. 46.277 (1m) (a) of the statutes is amended to read:
SB40-SSA1,532,65 46.277 (1m) (a) "Medical assistance" means aid provided under subch. IV of ch.
649, except s. ss. 49.468 and 49.471.
SB40-SSA1, s. 927 7Section 927. 46.277 (3) (d) of the statutes is created to read:
SB40-SSA1,532,128 46.277 (3) (d) The county department or aging unit that administers the
9program under this section shall, within the time period specified by the department,
10offer counseling, that is specified by the department, concerning public and private
11benefit programs to prospective residents of community-based residential facilities
12who are referred to the county department or aging unit under s. 50.035 (4n).
SB40-SSA1, s. 928 13Section 928. 46.277 (5) (d) 1n. a. of the statutes is repealed.
SB40-SSA1, s. 930 14Section 930. 46.278 (1m) (b) of the statutes is amended to read:
SB40-SSA1,532,1615 46.278 (1m) (b) "Medical assistance" means aid provided under subch. IV of ch.
1649, except s. ss. 49.468 and 49.471.
SB40-SSA1, s. 931 17Section 931. 46.278 (6) (d) of the statutes is amended to read:
SB40-SSA1,532,2318 46.278 (6) (d) If a county makes available nonfederal funds equal to the state
19share of service costs under a waiver received under sub. (3), the department may,
20from the appropriation under s. 20.435 (4) (o), provide reimbursement for services
21that the county provides under this section to persons who are in addition to those
22who may be served under this section with funds from the appropriation account
23under s. 20.435 (4) (b) or, (w), or (xd).
SB40-SSA1, s. 932 24Section 932. 46.2785 (5) (a) of the statutes is amended to read:
SB40-SSA1,533,3
146.2785 (5) (a) Medical assistance reimbursement for services a county or
2private agency contracts for or provides under the waiver program shall be made
3from the appropriation accounts under s. 20.435 (4) (b) and , (o), and (xd).
SB40-SSA1, s. 933 4Section 933. 46.28 (1) (f) of the statutes is amended to read:
SB40-SSA1,533,65 46.28 (1) (f) "Victim of domestic abuse" means an individual who has
6encountered domestic abuse, as defined in s. 46.95 49.165 (1) (a).
SB40-SSA1, s. 934 7Section 934. 46.2803 (2) of the statutes is created to read:
SB40-SSA1,533,148 46.2803 (2) Notwithstanding s. 46.27 (7), a county in which a care management
9organization is operating pursuant to a contract under s. 46.284 (2) or a county in
10which a program described under s. 46.2805 (1) (a) or (b) is administered may use
11funds appropriated under 20.435 (7) (bd) and allocated to the county under s. 46.27
12(7) to provide community mental health or substance abuse services and supports for
13persons with mental illness or persons in need of services or supports for substance
14abuse and to provide services under the Family Support Program under s. 46.985.
SB40-SSA1, s. 935 15Section 935. 46.2804 (title) of the statutes is amended to read:
SB40-SSA1,533,17 1646.2804 (title) Managed care programs for Client management of
17managed care
long-term care services benefit.
SB40-SSA1, s. 936 18Section 936. 46.2804 (1) of the statutes is repealed.
SB40-SSA1, s. 937 19Section 937. 46.2804 (2) of the statutes is renumbered 46.2804.
SB40-SSA1, s. 938 20Section 938. 46.2805 (5) of the statutes is renumbered 46.2805 (7r) and
21amended to read:
SB40-SSA1,533,2322 46.2805 (7r) "Family Long-term care district" means a special purpose district
23created under s. 46.2895 (1).
SB40-SSA1, s. 939 24Section 939. 46.2805 (6) of the statutes is renumbered 46.2805 (7u) and
25amended to read:
SB40-SSA1,534,2
146.2805 (7u) "Family Long-term care district board" means the governing
2board of a family long-term care district.
SB40-SSA1, s. 940 3Section 940. 46.2805 (6m) of the statutes is created to read:
SB40-SSA1,534,64 46.2805 (6m) "Family member" means a spouse or an individual related by
5blood, marriage, or adoption within the 3rd degree of kinship as computed under s.
6990.001 (16).
SB40-SSA1, s. 941 7Section 941. 46.2805 (6r) of the statutes is created to read:
SB40-SSA1,534,108 46.2805 (6r) "Financial and cost-sharing screening" means a screening to
9determine financial eligibility under s. 46.286 (1) (b) and cost-sharing under s.
1046.286 (2) using a uniform tool prescribed by the department.
SB40-SSA1, s. 942 11Section 942. 46.2805 (6v) of the statutes is created to read:
SB40-SSA1,534,1512 46.2805 (6v) "Frail elder" means an individual who is 65 years of age or older
13and has a physical disability or irreversible dementia that restricts the individual's
14ability to perform normal daily tasks or that threatens the capacity of the individual
15to live independently.
SB40-SSA1, s. 943 16Section 943. 46.2805 (7) of the statutes is amended to read:
SB40-SSA1,534,2017 46.2805 (7) "Functional and financial screen screening" means a screen
18prescribed by the department that is used screening to determine functional
19eligibility under s. 46.286 (1) (a) and financial eligibility under s. 46.286 (1) (b) using
20a uniform tool prescribed by the department
.
SB40-SSA1, s. 944 21Section 944. 46.2805 (7m) of the statutes is repealed.
SB40-SSA1, s. 944r 22Section 944r. 46.281 (title) of the statutes is amended to read:
SB40-SSA1,534,24 2346.281 (title) Powers and duties of the department and the, secretary ,
24and counties
; long-term care.
SB40-SSA1, s. 945
1Section 945. 46.281 (1) (intro.) of the statutes is renumbered 46.281 (1n)
2(intro.), and 46.281 (1n) (title), as renumbered, is amended to read:
SB40-SSA1,535,33 46.281 (1n) (title) Duties Other duties of the department.
SB40-SSA1, s. 946 4Section 946. 46.281 (1) (c) of the statutes is renumbered 46.281 (1d) and
5amended to read:
SB40-SSA1,535,136 46.281 (1d) Waiver request. Request The department shall request from the
7secretary of the federal department of health and human services any waivers of
8federal medicaid laws necessary to permit the use of federal moneys to provide the
9family care benefit to recipients of medical assistance. The department shall
10implement any waiver that is approved and that is consistent with ss. 46.2805 to
1146.2895. Regardless of whether a waiver is approved, the department may
12implement operation of resource centers, care management organizations , and the
13family care benefit.
SB40-SSA1, s. 947m 14Section 947m. 46.281 (1) (d) of the statutes is renumbered 46.281 (1g) (b) and
15amended to read:
SB40-SSA1,536,2316 46.281 (1g) (b) In geographic areas in which, in the aggregate, resides no more
17than 29 percent of the state population that is eligible for the family care benefit,
18contract with a county, a family care district, a tribe or band, the Great Lakes
19Inter-Tribal Council, Inc., or with 2 or more of these entities to manage all long-term
20care programs and administer the family care benefit as care management
21organizations.
If the department proposes to contract with these entities to
22administer care management organizations the family care benefit in geographic
23areas in which, in the aggregate, resides more than 29 percent but less than 50
24percent
of the state population that is eligible for the family care benefit, the
25department shall first notify the joint committee on finance in writing of the

1proposed contract. The notification shall include the contract proposal; and an
2estimate of the fiscal impact of the proposed addition that demonstrates that the
3addition will be cost neutral, including startup, transitional, and ongoing
4operational costs and any proposed county contribution. The notification shall also
5include, for each county affected by the proposal, documentation that the county
6consents to administration of the family care benefit in the county, the amount of the
7county's payment or reduction in community aids under s. 46.281 (4), and a proposal
8by the county for using any savings in county expenditures on long-term care that
9result from administration of the family care benefit in the county.
If the
10cochairpersons of the committee do not notify the department within 14 working
11days after the date of the department's notification that the committee has scheduled
12a meeting for the purpose of reviewing the proposed contract, the department may
13enter into the proposed contract. If within 14 working days after the date of the
14department's notification the cochairpersons of the committee notify the department
15that the committee has scheduled a meeting for the purpose of reviewing the
16proposed contract, the department may enter into the proposed contract only upon
17approval of
if the committee. The department may contract with these entities to
18administer care management organizations in geographic areas in which, in the
19aggregate, resides 50 percent or more of the state population that is eligible for the
20family care benefit only if specifically authorized by the legislature and if the
21legislature appropriates necessary funding
approves the proposed contract or if the
22committee fails to act on the proposed contract within 59 working days after the date
23of the department's notification
.
SB40-SSA1, s. 948 24Section 948. 46.281 (1) (e) of the statutes is repealed.
SB40-SSA1, s. 949 25Section 949. 46.281 (1) (f) of the statutes is renumbered 46.281 (1n) (a).
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