SB40-SSA1,537,65
46.281
(1g) (title)
Contracting for resource centers and care management
6organizations.
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46.281
(1g) (a) Subject to par. (b), the department may contract with entities
9as provided under s. 46.283 (2) to provide the services under s. 46.283 (3) and (4) as
10resource centers in any geographic area in the state, and may contract with entities
11as provided under s. 46.284 (2) to administer the family care benefit as care
12management organizations in any geographic area in the state.
SB40-SSA1,537,1614
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(1n) (d) 1. Establish regions for long-term care advisory committees
15under s. 46.2825, periodically review the boundaries of the regions, and, as
16appropriate, revise the boundaries.
SB40-SSA1,537,2117
2. Specify the number of members that each governing board of a resource
18center shall appoint to a regional long-term care advisory committee. The total
19number of committee members shall not exceed 25, and the department shall allot
20committee membership equally among the governing boards of resource centers
21operating within the boundaries of the regional long-term care advisory committee.
SB40-SSA1,537,2322
3. Provide information and staff assistance to assist regional long-term care
23advisory committees in performing the duties under s. 46.2825 (2).
SB40-SSA1,538,11
146.281
(1n) (e) Contract with a person to provide the advocacy services
2described under s. 16.009 (2) (p) 1. to 5. to actual or potential recipients of the family
3care benefit who are under age 60 or to their families or guardians. The department
4may not contract under this paragraph with a county or with a person who has a
5contract with the department to provide services under s. 46.283 (3) and (4) as a
6resource center or to administer the family care benefit as a care management
7organization. The contract under this paragraph shall include as a goal that the
8provider of advocacy services provide one advocate for every 2,500 individuals under
9age 60 who receive the family care benefit. The department shall allocate $190,000
10for the contract under this paragraph in fiscal year 2007-08 and $525,000 in each
11subsequent fiscal year.
SB40-SSA1, s. 955
12Section
955. 46.281 (2) (title) of the statutes is amended to read:
SB40-SSA1,538,1313
46.281
(2) (title)
Powers
Other powers of the department.
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(3) Duty of the secretary. The secretary shall certify to each county,
16hospital, nursing home, community-based residential facility, adult family home
17and residential care apartment complex the date on which a resource center that
18serves the area of the county, hospital, nursing home, community-based residential
19facility, adult family home or residential care apartment complex is first available
20to
provide a perform functional
screenings and financial
screen and cost-sharing
21screenings. To facilitate phase-in of services of resource centers, the secretary may
22certify that the resource center is available for specified groups of eligible individuals
23or for specified facilities in the county.
SB40-SSA1,539,5
146.281
(4) County contribution. (a) In this subsection, "base amount" means
2the amount that a county expended in calendar year 2006, as determined by the
3department, to provide long-term care services to individuals who would have been
4eligible for the family care benefit in calendar year 2006 if the family care benefit had
5been available to residents of the county.
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(b) Except as provided in par. (c), each county in which the department has a
7contract with an entity to administer the family care benefit shall in each year of the
8contract either pay the department the following amount or agree to reduce the
9community aids distribution to the county under s. 46.40 (2) by the following amount:
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1. If the base amount for the county is less than or equal to 22 percent of the
11calendar year 2006 community aids distribution to the county under s. 46.40 (2), the
12base amount.
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2. If the base amount for the county is greater than 22 percent of the calendar
14year 2006 community aids distribution to the county under s. 46.40 (2), the following
15amounts in the following years:
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a. For the first year that the department contracts for administration of the
17family care benefit in the county, the base amount for the county.
SB40-SSA1,539,2218
b. For the 2nd, 3rd, and 4th years that the department contracts for
19administration of the family care benefit in the county, the amount from the previous
20year minus 25 percent of the difference between the base amount for the county and
2122 percent of the calendar year 2006 community aids distribution to the county under
22s. 46.40 (2).
SB40-SSA1,539,2523
c. For the 5th year and each subsequent year that the department contracts for
24administration of the family care benefit in the county, 22 percent of the calendar
25year 2006 community aids distribution to the county under s. 46.40 (2).
SB40-SSA1,540,7
1(c) Each county in which the department has a contract with an entity to
2administer the family care benefit, and in which the department had such a contract
3before January 1, 2006, shall annually either pay the department or agree to reduce
4the community aids distribution to the county under s. 46.40 (2) by the amount that
5the county paid the department, or by which the county's community aids
6distribution was reduced, in calendar year 2006 to fund the program under ss.
746.2805 to 46.2895.
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(d) The department shall deposit payments made by counties under this
9subsection in the appropriation account under s. 20.435 (7) (g).
SB40-SSA1, s. 960
13Section
960. 46.282 (3) (a) (intro.) of the statutes is repealed.
SB40-SSA1, s. 968
21Section
968. 46.282 (3) (a) 8. of the statutes is renumbered 46.2825 (2) (e) and
22amended to read:
SB40-SSA1,540,2423
46.2825
(2) (e) Monitor
the pattern of enrollments and disenrollments in
local 24care management organizations
that provide services in the committee's region.
SB40-SSA1, s. 969
1Section
969. 46.282 (3) (a) 9. of the statutes is renumbered 46.283 (6) (b) 3. and
2amended to read:
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46.283
(6) (b) 3. Identify
any gaps in services, living arrangements
, and
4community resources
and develop strategies to build local capacity to serve older
5persons and persons with physical or developmental disabilities
needed by
6individuals belonging to the client groups served by the resource center, especially
7those with long-term care needs.
SB40-SSA1, s. 970
8Section
970. 46.282 (3) (a) 10. of the statutes is renumbered 46.2825 (2) (g) and
9amended to read:
SB40-SSA1,541,1210
46.2825
(2) (g) Perform long-range planning on
long-term care policy for
older
11persons and persons with physical or developmental disabilities
individuals
12belonging to the client groups served by the resource center.
SB40-SSA1, s. 971
13Section
971. 46.282 (3) (a) 11. of the statutes is renumbered 46.283 (6) (b) 8.
14and amended to read:
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(6) (b) 8. Annually review interagency agreements between
a the 16resource center and care management
organization or organizations
that provide
17services in the area served by the resource center and make recommendations, as
18appropriate, on the interaction between the resource center and the care
19management
organization or organizations to assure coordination between or
20among them
and to assure access to and timeliness in provision of services by the
21resource center and the care management organizations.
SB40-SSA1, s. 972
22Section
972. 46.282 (3) (a) 12. of the statutes is renumbered 46.283 (6) (b) 9.
23and amended to read:
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46.283
(6) (b) 9.
Annually review
Review the number and types of
complaints
25and grievances
about and appeals concerning the long-term care system
by persons
1who receive or may receive care under the system in the area served by the resource
2center, to determine if a need exists for system changes, and recommend system or
3other changes if appropriate.
SB40-SSA1, s. 973
4Section
973. 46.282 (3) (a) 13. of the statutes is renumbered 46.283 (6) (b) 6.
5and amended to read:
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46.283
(6) (b) 6. Identify potential new sources of community resources and
7funding for needed services for o
lder persons and persons with physical or
8developmental disabilities individuals belonging to the client groups served by the
9resource center.
SB40-SSA1, s. 976
12Section
976. 46.282 (3) (b) of the statutes is renumbered 46.283 (6) (b) 10. and
13amended to read:
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(6) (b) 10.
A local long-term care council may, within the local
15long-term care council's area If directed to do so by the county board, assume the
16duties of the county long-term community support planning committee as specified
17under s. 46.27 (4)
for a county served by the resource center.
SB40-SSA1,543,2
1946.2825 Regional long-term care advisory committees. (1) Creation. 20The governing board of each resource center operating in a region established by the
21department under s. 46.281 (1n) (d) 1. shall appoint the number of its members that
22is specified by the department under s. 46.281 (1n) (d) 2. to a regional long-term care
23advisory committee. At least 50 percent of the persons a resource center board
24appoints to a regional long-term care advisory committee shall be older persons or
1persons with a physical or developmental disability or their family members,
2guardians, or other advocates.
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3(2) Duties. A regional long-term care advisory committee shall do all of the
4following:
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(a) Evaluate the performance of care management organizations and entities
6that operate a program described under s. 46.2805 (1) (a) or (b) in the committee's
7region with respect to responsiveness to recipients of their services, fostering choices
8for recipients, and other issues affecting recipients; and make recommendations
9based on the evaluation to the department and to the care management
10organizations and entities, as appropriate.
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(b) Evaluate the performance of resource centers operating in the committee's
12region and, as appropriate, make recommendations, concerning their performance
13to the department and the resource centers.
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(c) Monitor grievances and appeals made to care management organizations
15or entities that operate a program described under s. 46.2805 (1) (a) or (b) within the
16committee's region.
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(d) Review utilization of long-term care services in the committee's region.
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(f) Using information gathered under s. 46.283 (6) (b) 2. by governing boards
19of resources centers operating in the committee's region and other available
20information, identify any gaps in the availability of services, living arrangements,
21and community resources needed by older persons and persons with physical or
22developmental disabilities, and develop strategies to build capacity to provide those
23services, living arrangements, and community resources in the committee's region.
SB40-SSA1,544,3
1(h) Annually report to the department regarding significant achievements and
2problems relating to the provision of long-term care services in the committee's
3region.
SB40-SSA1, s. 978
4Section
978. 46.283 (1) (a) 2. of the statutes is amended to read:
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46.283
(1) (a) 2. Whether to create a
family long-term care district to apply to
6the department for a contract to operate a resource center.
SB40-SSA1, s. 980
8Section
980. 46.283 (2) (b) of the statutes is renumbered 46.283 (2), and 46.283
9(2) (intro.) and (b), as renumbered, are amended to read:
SB40-SSA1,544,1710
46.283
(2) (intro.)
After June 30, 2001, the The department may
, if the
11applicable review conditions under s. 46.281 (1) (e) 2. are satisfied, contract to
12operate a resource center with counties,
family long-term care districts, or the
13governing body of a tribe or band or the Great Lakes Inter-Tribal Council, Inc., under
14a joint application of any of these, or with a private nonprofit organization if the
15department determines that the organization has no significant connection to an
16entity that operates a care management organization and if any of the following
17applies:
SB40-SSA1,544,1918
(b) A county agency or a
family long-term care district applies for a contract
19but fails to meet the standards specified in sub. (3).
SB40-SSA1,544,2523
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(3) (k) A determination of eligibility for state supplemental payments
24under s. 49.77, medical assistance under s. 49.46, 49.468
or, 49.47
, or 49.471, or the
25federal food stamp program under
7 USC 2011 to
2029.
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(4) (e)
Within 6 months after the family care benefit is available to all
3eligible persons in the area of the resource center, provide Provide information about
4the services of the resource center, including the services specified in sub. (3) (d),
5about assessments under s. 46.284 (4) (b) and care plans under s. 46.284 (4) (c) and
6about the family care benefit to all older persons and persons with a physical
7disability who are residents of nursing homes, community-based residential
8facilities, adult family homes and residential care apartment complexes in the area
9of the resource center.
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(4) (f)
Provide Perform a functional
screening and
a financial
screen to 12and cost-sharing screening for any resident, as specified in par. (e), who requests a
13screen screening and assist any resident who is eligible and chooses to enroll in a care
14management organization to do so.
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(4) (g)
Provide Perform a functional
screening and
a financial
screen to 17and cost-sharing screening for any person seeking admission to a nursing home,
18community-based residential facility, residential care apartment complex
, or adult
19family home if the secretary has certified that the resource center is available to the
20person and the facility and the person is determined by the resource center to have
21a condition that is expected to last at least 90 days that would require care,
22assistance
, or supervision. A resource center may not require a financial
screen and
23cost-sharing screening for a person seeking admission or about to be admitted on a
24private pay basis who waives the requirement for a financial
screen and cost-sharing
25screening under this paragraph, unless the person is expected to become eligible for
1medical assistance within 6 months. A resource center need not
provide perform a
2functional
screen for screening for a person seeking admission or about to be
3admitted
who has received a screen for
whom a functional
eligibility under s. 46.286
4(1) (a) screening was performed within the previous 6 months.
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(4) (j) Target any outreach, education, and prevention services it
7provides and any service development efforts it conducts on the basis of findings
8made by the governing board of the resource center under sub. (6) (b) 2. and 3.
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(5) Funding. From the appropriation accounts under s. 20.435 (4) (b),
11(bm),
(gp), (pa),
and (w)
, and (xd) and (7) (b), (bd), and (md), the department may
12contract with organizations that meet standards under sub. (3) for performance of
13the duties under sub. (4) and shall distribute funds for services provided by resource
14centers.
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(6) Governing board. (a) 1. A resource center shall have a governing
17board that reflects the ethnic and economic diversity of the geographic area served
18by the resource center.
SB40-SSA1,546,25
192. At least one-fourth of the members of the governing board shall
be older
20persons or persons with physical or developmental disabilities individuals who
21belong to a client group served by the resource center or their family members,
22guardians
, or other advocates.
The proportion of these board members who belong
23to each client group, or their family members, guardians, or advocates, shall be the
24same, respectively, as the proportion of individuals in this state who receive services
25under s. 46.2805 to 46.2895 and belong to each client group.
SB40-SSA1, s. 990
1Section
990. 46.283 (6) (a) 3. of the statutes is created to read:
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(6) (a) 3. An individual who has a financial interest in, or serves on the
3governing board of, a care management organization or an organization that
4administers a program described under s. 46.2805 (1) (a) or (b) or a managed care
5program under s. 49.45 for individuals who are eligible to receive supplemental
6security income under
42 USC 1381 to
1383c, which serves any geographic area also
7served by a resource center, and the individual's family members, may not serve as
8members of the governing board of the resource center.
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(6) (b) The governing board of a resource center shall do all of the
11following:
SB40-SSA1,547,1412
1. Determine the structure, policies, and procedures of, and oversee the
13operations of, the resource center. The operations of a resource center that is
14operated by a county are subject to the county's ordinances and budget.
SB40-SSA1,547,1915
2. Annually gather information from consumers and providers of long-term
16care services and other interested persons concerning the adequacy of long-term
17care services offered in the area served by the resource center. The board shall
18provide well-advertised opportunities for persons to participate in the board's
19information gathering activities conducted under this subdivision.