46.40 (9) (a) Transfer to family care program and adult protective services allocation. (intro.) If a care management organization under s. 46.284 is available in a county, the department may dispose of not more than 21.3% a portion of the amount allocated under sub. (2) that is specified in an agreement with the county to that county as follows; and, of the amount allocated under sub. (8), may dispose of the lesser of up to 60% or the amount remaining after subtracting an amount necessary to maintain funding for recipients under sub. (8) who, on September 1, 2001, are ineligible for the family care benefit under s. 46.286, to that county, as follows:
SECTION 40. 49.45 (3) (ag) of the statutes is amended to read:
49.45 (3) (ag) Reimbursement shall be made to each entity contracted with under s. 46.281 (1) (e) 46.283 (2) for functional screens screenings performed by the entity.
SECTION 41. 49.46 (1) (a) 14m. of the statutes is amended to read:
49.46 (1) (a) 14m. Any person who would meet the financial and other eligibility requirements for home or community-based services under the family care benefit but for the fact that the person engages in substantial gainful activity under 42 USC 1382c (a) (3), if a waiver under s. 46.281 (1) (c) (1d) is in effect or federal law permits federal financial participation for medical assistance coverage of the person and if funding is available for the person under the family care benefit.
SECTION 42. 49.47 (4) (as) 1. of the statutes is amended to read:
49.47 (4) (as) 1. The person would meet the financial and other eligibility requirements for home or community-based services under s. 46.27 (11), 46.277, or 46.2785 or under the family care benefit if a waiver is in effect under s. 46.281 (1) (c) (1d) but for the fact that the person engages in substantial gainful activity under 42 USC 1382c (a) (3).
SECTION 43. 49.47 (4) (as) 3. of the statutes is amended to read:
49.47 (4) (as) 3. Funding is available for the person under s. 46.27 (11), 46.277, or 46.2785 or under the family care benefit if a waiver is in effect under s. 46.281 (1) (c) (1d).
SECTION 44. 50.034 (5n) (a) of the statutes is amended to read:
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).
SECTION 45. 50.034 (5n) (d) of the statutes is amended to read:
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.
SECTION 46. 50.035 (4n) (a) of the statutes is amended to read:
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).
SECTION 47. 50.035 (4n) (d) of the statutes is amended to read:
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.
SECTION 48. 50.04 (2g) (a) of the statutes is amended to read:
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).
SECTION 49. 50.04 (2h) (a) 1. of the statutes is amended to read:
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).
SECTION 50. 50.04 (2h) (a) 4. of the statutes is amended to read:
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.
SECTION 51. 50.06 (7) of the statutes is amended to read:
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.
SECTION 52. 50.49 (6m) (am) of the statutes is created to read:
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.
(End)
LRB-0331LRB-0331/2
RLR:wlj:pg
2007 - 2008 LEGISLATURE
DOA:......Jablonsky, BB0022 - Indian health grants
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
Health
Current law requires DHFS to award grants for American Indian health projects. DHFS may award grants for projects that fund start-up costs for programs to deliver health care services to American Indians, studies of health care problems that are relevant to American Indians, and projects to test solutions to such problems. DHFS may award grants only for projects that involve the cooperation of two or more tribes, government agencies, or private organizations. Further, a grant may not exceed 50 percent of project costs.
This bill eliminates the requirement for the American Indian health project grant program that a project involve the cooperation of two or more entities and eliminates the limitation on awarding a grant for more than 50 percent of project costs. The bill also allows DHFS to award grants to projects that provide innovative community-based health care services to American Indians.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (5) (ke) of the statutes is amended to read:
20.435 (5) (ke) Cooperative American Indian health projects. The amounts in the schedule for grants for cooperative American Indian health projects under s. 146.19. All moneys transferred from the appropriation account under s. 20.505 (8) (hm) 18b. shall be credited to this appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered balance on June 30 of each year shall revert to the appropriation account under s. 20.505 (8) (hm).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 146.19 (title) of the statutes is amended to read:
146.19 (title) Cooperative American Indian health projects.
SECTION 3. 146.19 (1) (c) of the statutes is amended to read:
146.19 (1) (c) "Tribal agency" means an agency of the governing body of created by a tribe.
SECTION 4. 146.19 (1) (d) of the statutes is amended to read:
146.19 (1) (d) "Tribe" means the governing body of a federally recognized American Indian tribe or band located in this state.
SECTION 5. 146.19 (2) (intro.) of the statutes is amended to read:
146.19 (2) COOPERATIVE AMERICAN INDIAN HEALTH PROJECT GRANTS. (intro.) From the appropriation under s. 20.435 (5) (ke), the department shall award grants for cooperative American Indian health projects in order to promote cooperation among tribes, tribal agencies, inter-tribal organizations and other agencies and organizations in addressing address specific problem areas in the field of American Indian health. A tribe, tribal agency, or inter-tribal organization may apply, in the manner specified by the department, for a grant of up to $10,000 to conduct a cooperative an American Indian health project, which meets all of the following requirements that is designed to do any of the following:
SECTION 6. 146.19 (2) (a) of the statutes is repealed.
SECTION 7. 146.19 (2) (b) (intro.) of the statutes is repealed.
SECTION 8. 146.19 (2) (b) 1. of the statutes is renumbered 146.19 (2) (am).
SECTION 9. 146.19 (2) (b) 2. of the statutes is renumbered 146.19 (2) (bm) and amended to read:
146.19 (2) (bm) Fund start-up costs of cooperative programs to deliver health care services to American Indians.
SECTION 10. 146.19 (2) (b) 3. of the statutes is renumbered 146.19 (2) (c).
SECTION 11. 146.19 (2) (d) of the statutes is created to read:
146.19 (2) (d) Provide innovative community-based health care services to American Indians.
SECTION 12. 146.19 (4) of the statutes is repealed.
(End)
LRB-0332LRB-0332/6
RLR:cmh&wlj:pg
2007 - 2008 LEGISLATURE
DOA:......Milioto, BB0025 - ICF-MR bed assessment
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
Mental illness and developmental disabilities
Under current law, intermediate care facilities for the mentally retarded (ICF-MRs) must pay the state an assessment on each licensed bed. The assessment is currently $445 per month per bed. Federal law provides for a reduction in federal funding for MA if the state collects an amount in ICF-MR bed assessments that exceeds a specified portion of the aggregate revenues of all ICF-MRs in the state.
This bill directs DHFS to determine the amount of the ICF-MR bed assessment for each state fiscal year. DHFS must set the monthly per bed assessment amount at 5.5 percent of projected aggregate annual revenues for ICF-MRs in the state divided by the number of licensed ICF-MR beds and by 12 months. The bill authorizes DHFS to reduce the assessment amount during a state fiscal year to avoid collecting an amount during the year that exceeds 5.5 percent of ICF-MR aggregate revenues.
Under current law, nursing homes must pay the state an assessment that may not exceed $75 on each licensed bed. This bill raises that maximum amount for the nursing home bed assessment to $127.
Current law provides a procedure under which a nursing home may request, and DHFS may approve, a temporary reduction in the number of beds licensed for the nursing home, if DHFS establishes a minimum per patient day occupancy standard for nursing homes and the nursing home's occupancy rate falls below that standard. If the nursing home does not resume licensure of the affected beds, DHFS must incrementally revoke licensure for the affected beds. This bill repeals this procedure for reducing a nursing home's number of licensed beds when the nursing home's occupancy rate falls below an occupancy standard established by DHFS.
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. 49.45 (6m) (ap) of the statutes is repealed.
SECTION 2. 50.14 (2) (intro.) of the statutes is amended to read:
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:
(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. In determining the number of licensed beds, all of the following apply:
SECTION 3. 50.14 (2) (a) of the statutes is renumbered 50.14 (2r) and amended to read:
50.14 (2r) If the amount For the purpose of determining the number of beds subject to assessment under sub. (2), if a facility's number of the beds is other than a whole number, the fractional part of the amount that number shall be disregarded unless it equals 50% or more of a whole number, in which case the amount number of beds shall be increased to the next whole number.
SECTION 4. 50.14 (2) (am) of the statutes is created to read:
50.14 (2) (am) For nursing homes, an amount not to exceed $127.
SECTION 5. 50.14 (2) (b) of the statutes is repealed.
SECTION 6. 50.14 (2) (bm) of the statutes is created to read:
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.
SECTION 7. 50.14 (2m) of the statutes is created to read:
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.
SECTION 8. 150.31 (5t) of the statutes is repealed.
SECTION 9121. Nonstatutory provisions; Health and Family Services.
(1) BED ASSESSMENT FOR INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED. Notwithstanding section 50.14 (2m) of the statutes, as created by this act, the department of health and family services is not required to calculate the amount of the bed assessment for intermediate care facilities for the mentally retarded under section 50.14 (2) (bm) of the statutes, as created by this act, for state fiscal year 2007-08 until October 1, 2007, or the first day of the 3rd month beginning after the effective date of this subsection, whichever is later.
