Amendment SSA1-SB40

SB40-SSA1,534,15 46.2805 (6v) "Frail elder" means an individual who is 65 years of age or older and has a physical disability or irreversible dementia that restricts the individual's ability to perform normal daily tasks or that threatens the capacity of the individual to live independently.

SB40-SSA1, s. 943 Section 943. 46.2805 (7) of the statutes is amended to read:

SB40-SSA1,534,20 46.2805 (7) "Functional and financial screen screening" means a screen prescribed by the department that is used screening to determine functional eligibility under s. 46.286 (1) (a) and financial eligibility under s. 46.286 (1) (b) using a uniform tool prescribed by the department.

SB40-SSA1, s. 944 Section 944. 46.2805 (7m) of the statutes is repealed.

SB40-SSA1, s. 944r Section 944r. 46.281 (title) of the statutes is amended to read:

SB40-SSA1,534,24 46.281 (title) Powers and duties of the department and the, secretary , and counties; long-term care.

SB40-SSA1, s. 945 Section 945. 46.281 (1) (intro.) of the statutes is renumbered 46.281 (1n) (intro.), and 46.281 (1n) (title), as renumbered, is amended to read:

SB40-SSA1,535,3 46.281 (1n) (title) Duties Other duties of the department.

SB40-SSA1, s. 946 Section 946. 46.281 (1) (c) of the statutes is renumbered 46.281 (1d) and amended to read:

SB40-SSA1,535,13 46.281 (1d) Waiver request. Request The department shall request from the secretary of the federal department of health and human services any waivers of federal medicaid laws necessary to permit the use of federal moneys to provide the family care benefit to recipients of medical assistance. The department shall implement any waiver that is approved and that is consistent with ss. 46.2805 to 46.2895. Regardless of whether a waiver is approved, the department may implement operation of resource centers, care management organizations , and the family care benefit.

SB40-SSA1, s. 947m Section 947m. 46.281 (1) (d) of the statutes is renumbered 46.281 (1g) (b) and amended to read:

SB40-SSA1,536,23 46.281 (1g) (b) In geographic areas in which, in the aggregate, resides no more than 29 percent of the state population that is eligible for the family care benefit, contract with a county, a family care district, a tribe or band, the Great Lakes Inter-Tribal Council, Inc., or with 2 or more of these entities to manage all long-term care programs and administer the family care benefit as care management organizations. If the department proposes to contract with these entities to administer care management organizations the family care benefit in geographic areas in which, in the aggregate, resides more than 29 percent but less than 50 percent of the state population that is eligible for the family care benefit, the department shall first notify the joint committee on finance in writing of the proposed contract. The notification shall include the contract proposal; and an estimate of the fiscal impact of the proposed addition that demonstrates that the addition will be cost neutral, including startup, transitional, and ongoing operational costs and any proposed county contribution. The notification shall also include, for each county affected by the proposal, documentation that the county consents to administration of the family care benefit in the county, the amount of the county's payment or reduction in community aids under s. 46.281 (4), and a proposal by the county for using any savings in county expenditures on long-term care that result from administration of the family care benefit in the county. If the cochairpersons of the committee do not notify the department within 14 working days after the date of the department's notification that the committee has scheduled a meeting for the purpose of reviewing the proposed contract, the department may enter into the proposed contract. If within 14 working days after the date of the department's notification the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed contract, the department may enter into the proposed contract only upon approval of if the committee. The department may contract with these entities to administer care management organizations in geographic areas in which, in the aggregate, resides 50 percent or more of the state population that is eligible for the family care benefit only if specifically authorized by the legislature and if the legislature appropriates necessary funding approves the proposed contract or if the committee fails to act on the proposed contract within 59 working days after the date of the department's notification.

SB40-SSA1, s. 948 Section 948. 46.281 (1) (e) of the statutes is repealed.

SB40-SSA1, s. 949 Section 949. 46.281 (1) (f) of the statutes is renumbered 46.281 (1n) (a).

SB40-SSA1, s. 950 Section 950. 46.281 (1) (g) of the statutes is renumbered 46.281 (1n) (b).

SB40-SSA1, s. 951 Section 951. 46.281 (1) (h) of the statutes is renumbered 46.281 (1n) (c).

SB40-SSA1, s. 952 Section 952. 46.281 (1) (i) of the statutes is repealed.

SB40-SSA1, s. 952m Section 952m. 46.281 (1g) (title) of the statutes is created to read:

SB40-SSA1,537,6 46.281 (1g) (title) Contracting for resource centers and care management organizations.

SB40-SSA1, s. 953 Section 953. 46.281 (1g) (a) of the statutes is created to read:

SB40-SSA1,537,12 46.281 (1g) (a) Subject to par. (b), the department may contract with entities as provided under s. 46.283 (2) to provide the services under s. 46.283 (3) and (4) as resource centers in any geographic area in the state, and may contract with entities as provided under s. 46.284 (2) to administer the family care benefit as care management organizations in any geographic area in the state.

SB40-SSA1, s. 954 Section 954. 46.281 (1n) (d) of the statutes is created to read:

SB40-SSA1,537,16 46.281 (1n) (d) 1. Establish regions for long-term care advisory committees under s. 46.2825, periodically review the boundaries of the regions, and, as appropriate, revise the boundaries.

SB40-SSA1,537,21 2. Specify the number of members that each governing board of a resource center shall appoint to a regional long-term care advisory committee. The total number of committee members shall not exceed 25, and the department shall allot committee membership equally among the governing boards of resource centers operating within the boundaries of the regional long-term care advisory committee.

SB40-SSA1,537,23 3. Provide information and staff assistance to assist regional long-term care advisory committees in performing the duties under s. 46.2825 (2).

SB40-SSA1, s. 954m Section 954m. 46.281 (1n) (e) of the statutes is created to read:

SB40-SSA1,538,11 46.281 (1n) (e) Contract with a person to provide the advocacy services described under s. 16.009 (2) (p) 1. to 5. to actual or potential recipients of the family care benefit who are under age 60 or to their families or guardians. The department may not contract under this paragraph with a county or with a person who has a contract with the department to provide services under s. 46.283 (3) and (4) as a resource center or to administer the family care benefit as a care management organization. The contract under this paragraph shall include as a goal that the provider of advocacy services provide one advocate for every 2,500 individuals under age 60 who receive the family care benefit. The department shall allocate $190,000 for the contract under this paragraph in fiscal year 2007-08 and $525,000 in each subsequent fiscal year.

SB40-SSA1, s. 955 Section 955. 46.281 (2) (title) of the statutes is amended to read:

SB40-SSA1,538,13 46.281 (2) (title) Powers Other powers of the department.

SB40-SSA1, s. 956 Section 956. 46.281 (3) of the statutes is amended to read:

SB40-SSA1,538,23 46.281 (3) Duty of the secretary. The secretary shall certify to each county, hospital, nursing home, community-based residential facility, adult family home and residential care apartment complex the date on which a resource center that serves the area of the county, hospital, nursing home, community-based residential facility, adult family home or residential care apartment complex is first available to provide a perform functional screenings and financial screen and cost-sharing screenings. To facilitate phase-in of services of resource centers, the secretary may certify that the resource center is available for specified groups of eligible individuals or for specified facilities in the county.

SB40-SSA1, s. 956g Section 956g. 46.281 (4) of the statutes is created to read:

SB40-SSA1,539,5 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-SSA1,539,9 (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-SSA1,539,12 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-SSA1,539,15 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-SSA1,539,17 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-SSA1,539,22 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-SSA1,539,25 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-SSA1,540,7 (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-SSA1,540,9 (d) The department shall deposit payments made by counties under this subsection in the appropriation account under s. 20.435 (7) (g).

SB40-SSA1, s. 957 Section 957. 46.282 (title) of the statutes is repealed.

SB40-SSA1, s. 958 Section 958. 46.282 (2) of the statutes is repealed.

SB40-SSA1, s. 959 Section 959. 46.282 (3) (title) of the statutes is repealed.

SB40-SSA1, s. 960 Section 960. 46.282 (3) (a) (intro.) of the statutes is repealed.

SB40-SSA1, s. 961 Section 961. 46.282 (3) (a) 1. of the statutes is repealed.

SB40-SSA1, s. 962 Section 962. 46.282 (3) (a) 2. of the statutes is repealed.

SB40-SSA1, s. 963 Section 963. 46.282 (3) (a) 3. of the statutes is repealed.

SB40-SSA1, s. 964 Section 964. 46.282 (3) (a) 4. of the statutes is repealed.

SB40-SSA1, s. 965 Section 965. 46.282 (3) (a) 5. of the statutes is repealed.

SB40-SSA1, s. 966 Section 966. 46.282 (3) (a) 6. of the statutes is repealed.

SB40-SSA1, s. 967 Section 967. 46.282 (3) (a) 7. of the statutes is repealed.

SB40-SSA1, s. 968 Section 968. 46.282 (3) (a) 8. of the statutes is renumbered 46.2825 (2) (e) and amended to read:

SB40-SSA1,540,24 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-SSA1, s. 969 Section 969. 46.282 (3) (a) 9. of the statutes is renumbered 46.283 (6) (b) 3. and amended to read:

SB40-SSA1,541,7 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-SSA1, s. 970 Section 970. 46.282 (3) (a) 10. of the statutes is renumbered 46.2825 (2) (g) and amended to read:

SB40-SSA1,541,12 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-SSA1, s. 971 Section 971. 46.282 (3) (a) 11. of the statutes is renumbered 46.283 (6) (b) 8. and amended to read:

SB40-SSA1,541,21 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-SSA1, s. 972 Section 972. 46.282 (3) (a) 12. of the statutes is renumbered 46.283 (6) (b) 9. and amended to read:

SB40-SSA1,542,3 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-SSA1, s. 973 Section 973. 46.282 (3) (a) 13. of the statutes is renumbered 46.283 (6) (b) 6. and amended to read:

SB40-SSA1,542,9 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-SSA1, s. 974 Section 974. 46.282 (3) (a) 14. of the statutes is repealed.

SB40-SSA1, s. 975 Section 975. 46.282 (3) (a) 15. of the statutes is repealed.

SB40-SSA1, s. 976 Section 976. 46.282 (3) (b) of the statutes is renumbered 46.283 (6) (b) 10. and amended to read:

SB40-SSA1,542,17 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-SSA1, s. 977 Section 977. 46.2825 of the statutes is created to read:

SB40-SSA1,543,2 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-SSA1,543,4 (2) Duties. A regional long-term care advisory committee shall do all of the following:

SB40-SSA1,543,10 (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-SSA1,543,13 (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-SSA1,543,16 (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-SSA1,543,17 (d) Review utilization of long-term care services in the committee's region.

SB40-SSA1,543,23 (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-SSA1,544,3 (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-SSA1, s. 978 Section 978. 46.283 (1) (a) 2. of the statutes is amended to read:

SB40-SSA1,544,6 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-SSA1, s. 979 Section 979. 46.283 (2) (a) of the statutes is repealed.

SB40-SSA1, 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-SSA1,544,17 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-SSA1,544,19 (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-SSA1, s. 981 Section 981. 46.283 (3) (h) of the statutes is repealed.

SB40-SSA1, s. 982 Section 982. 46.283 (3) (i) of the statutes is repealed.

SB40-SSA1, s. 983 Section 983. 46.283 (3) (k) of the statutes is amended to read:

SB40-SSA1,544,25 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-SSA1, s. 984 Section 984. 46.283 (4) (e) of the statutes is amended to read:

SB40-SSA1,545,9 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.