This bill repeals the requirements that adult family homes provide information to prospective residents regarding resource centers and the family care benefit and refer prospective residents to the resource centers. The bill also repeals the requirement that hospitals refer patients to resource centers before discharging them. The bill provides that CBRFs and RCACs must provide information regarding resource centers and the family care benefit to prospective residents and, if a referral is required, refer prospective residents to resource centers when the CBRFs or RCACs first provide the prospective residents written material regarding their facilities. Also, in counties that do not have resource centers, CBRFs must refer certain prospective residents who are aged or have a physical or developmental disability to the county department responsible for administering long-term care programs, and the county department must offer the prospective resident counseling concerning public and private long-term care benefit programs. The bill repeals the requirement that CBRFs assess the financial condition of privately paying clients prior to admission.
The bill also repeals the restriction on using COP, COP Waiver, or CIP II funds to pay for care in a CBRF for a program recipient who did not undergo an assessment of his or her abilities, disabilities, and services needs and a review of alternatives to institutional care before entering the CBRF.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 46.27 (5) (j) of the statutes is created to read:
46.27 (5) (j) Within the time period specified by the department, offer counseling, that is specified by the department, concerning public and private benefit programs to prospective residents of community-based residential facilities who are referred to the county department or aging unit under s. 50.035 (4n).
SECTION 2. 46.27 (7) (cj) 3. a. of the statutes is repealed.
SECTION 3. 46.27 (11) (c) 5n. a. of the statutes is repealed.
SECTION 4. 46.277 (3) (d) of the statutes is created to read:
46.277 (3) (d) The county department or aging unit that administers the program under this section shall, within the time period specified by the department, offer counseling, that is specified by the department, concerning public and private benefit programs to prospective residents of community-based residential facilities who are referred to the county department or aging unit under s. 50.035 (4n).
SECTION 5. 46.277 (5) (d) 1n. a. of the statutes is repealed.
SECTION 6. 50.02 (2) (d) of the statutes is renumbered 50.02 (2) (d) (intro.) and amended to read:
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:
SECTION 7. 50.02 (2) (d) 1. of the statutes is created to read:
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)
.
SECTION 8. 50.02 (2) (d) 2. of the statutes is created to read:
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).
SECTION 9. 50.033 (2r) of the statutes is repealed.
****NOTE: This is reconciled s. 50.033 (2r). This SECTION has been affected by drafts with the following LRB numbers: 0330 and 1198.
SECTION 10. 50.033 (2s) of the statutes is repealed.
****NOTE: This is reconciled s. 50.033 (2s). This SECTION has been affected by drafts with the following LRB numbers: 0330 and 1198.
SECTION 11. 50.033 (2t) of the statutes is repealed.
SECTION 12. 50.034 (5m) of the statutes is amended to read:
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).
****NOTE: This is reconciled s. 50.034 (5m). This SECTION has been affected by drafts with the following LRB numbers: 0330 and 1198.
SECTION 13. 50.034 (5n) (intro.) of the statutes is amended to read:
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:
SECTION 14. 50.035 (4m) of the statutes is amended to read:
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).
****NOTE: This is reconciled s. 50.035 (4m). This SECTION has been affected by drafts with the following LRB numbers: 0330 and 1198.
SECTION 15. 50.035 (4n) (intro.) of the statutes is amended to read:
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:
SECTION 16. 50.035 (4p) of the statutes is amended to read:
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.
SECTION 17. 50.035 (7) of the statutes is repealed.
SECTION 18. 50.035 (9) of the statutes is repealed.
SECTION 19. 50.36 (2) (c) of the statutes is repealed.
SECTION 20. 50.38 of the statutes is repealed.
(End)
LRB-1202LRB-1202/1
RAC:jld:nwn
2007 - 2008 LEGISLATURE
DOA:......Frederick, BB0235 - SWIB Budget Authority
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
State government
State finance
Current law requires the State of Wisconsin Investment Board (SWIB) to estimate its operating expenses for the next six-month period and to assess each fund for which it has management responsibility for its share of the expenses in an equitable manner. However, SWIB's assessment may not exceed the greater of $20,352,800 or 0.0275 percent of the average market value of the assets of the funds at the end of each month between November 30 and April 30 of the preceding fiscal year.
This bill requires SWIB, annually on September 1, to assess each such fund for its share of SWIB's operating expenses for the current fiscal year and caps the assessment at the greater of the amount that SWIB could have assessed the funds in the second year of the prior fiscal biennium or 0.0325 percent of the average market value of the assets of the funds at the end of each month between November 30 and April 30 of the preceding fiscal year.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 25.187 (2) (a) of the statutes is amended to read:
25.187 (2) (a) Subject to pars. (b) and par. (c), on July 1 and January September 1 of each year, the investment board shall estimate the amounts required for its operating expenditures for the next 6-month period and shall assess each fund for which the board has management responsibility for its share of the estimated board's operating expenditures for the current fiscal year in an equitable manner. The board shall pay the assessment from the current income of each fund, unless an appropriation is made for payment of the assessment, in which case the assessment shall be paid from that appropriation account.
SECTION 2. 25.187 (2) (b) of the statutes is repealed.
SECTION 3. 25.187 (2) (c) 1. of the statutes is amended to read:
25.187 (2) (c) 1. Except as provided in subd. 2., the total amount that the board may assess the funds for which the board has management responsibility for any fiscal year may not exceed the greater of $20,352,800 or 0.0275% the amount that the board could have assessed the funds in the 2nd year of the prior fiscal biennium or 0.0325% of the average market value of the assets of the funds at the end of each month between November 30 and April 30 of the preceding fiscal year.
SECTION 4. 25.187 (2) (c) 3. c. of the statutes is created to read:
25.187 (2) (c) 3. c. Annually, no later than June 15, certify to the department of administration and to the joint committee on finance the maximum amount that the board may assess the funds for which the board has management responsibility in the next fiscal year.
(End)
LRB-1216LRB-1216/1
RAC:jld:sh
2007 - 2008 LEGISLATURE
DOA:......Frederick, BB0257 - Reimbursement for grievance arbitrations
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
State government
State employment
The bill expands the funding source of a current program revenue-service appropriation to the Office of State Employment Relations (OSER), which currently consists of moneys paid by state agencies to cover the costs of grievance arbitrations, to include moneys received from state agencies for training related to grievance arbitrations.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.545 (1) (km) of the statutes is amended to read:
20.545 (1) (km) Collective bargaining grievance arbitrations. The amounts in the schedule for the payment of the state's share of costs related to collective bargaining grievance arbitrations under s. 111.86. All moneys received from state agencies for the purpose of reimbursing the state's share of the costs related to grievance arbitrations under s. 111.86 and to reimburse the state's share of costs for training related to grievance arbitrations shall be credited to this appropriation account.
(End)
LRB-1220LRB-1220/6
GMM:wlj&jld:rs
2007 - 2008 LEGISLATURE
DOA:......Harshner, BB0253 - Quality rating system for child care providers
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Children
Under current law, DHFS may license a person to operate a day care center, a county department of human services or social services (county department) may certify a day care provider for reimbursement under the Wisconsin Works (W-2) program, and a school board may establish or contract for the provision of day care programs for children. This bill requires DWD to provide a child care quality rating system that rates the quality of the child care provided by a child care provider licensed by DHFS that receives reimbursement under the W-2 program for the child care provided or that volunteers for rating under the system. DWD must make the rating information provided under the system available to parents, guardians, and legal custodians of children who are recipients, or prospective recipients, of care and supervision from a child care provider that is rated under the system, including making that information available on DWD's Internet site.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 48.658 of the statutes is created to read:
48.658 Child care quality rating system. The department of workforce development shall provide a child care quality rating system that rates the quality of the child care provided by a child care provider licensed under s. 48.65 that receives reimbursement under s. 49.155 for the child care provided or that volunteers for rating under this section. The department of workforce development shall make the rating information provided under that system available to the parents, guardians, and legal custodians of children who are recipients, or prospective recipients, of care and supervision from a child care provider that is rated under this section, including making that information available on the department of workforce development's Internet site.
SECTION 9155. Nonstatutory provisions; Other.
(1) CHILD CARE QUALITY RATING SYSTEM. By June 30, 2009, the department of children and families shall rate the quality of the child care provided by all child care providers that, on that date, hold a license under section 48.65 of the statutes and are providing child care that is reimbursed under section 49.155 of the statutes, as affected by this act, as required under section 48.658 of the statutes, as created by this act.
****NOTE: This is reconciled SECTION 9155 (1). This SECTION has been affected by drafts with the following LRB numbers: LRB-1220 and LRB-1261.
(End)
LRB-1221LRB-1221/9
GMM:jld&kjf&cs:pg
2007 - 2008 LEGISLATURE
DOA:......Rhodes, BB00255 - Tribal high-cost out-of-home care placement funding
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
