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SECTION 6. 146.19 (2) (a) of the statutes is repealed.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 of the statutes is repealed.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SECTION 12. 146.19 (4) of the statutes is repealed.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.
(End)
LRB-0333LRB-0333/P6
RLR:wlj&cs:nwn
2007 - 2008 LEGISLATURE

DOA:......Milioto, BB0030 - Entitlement and eligibility for Family Care
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
Other health and human services
Currently, DHFS administers Family Care, a program available in several counties that combines several sources of funding to provide a flexible long-term care benefit called the family care benefit. A person must be at least 18 years of age and have a physical disability, a developmental disability, or degenerative brain disorder (a qualifying condition) to qualify for the family care benefit. In addition, a person must meet both functional and financial eligibility requirements. Currently, the family care benefit is an entitlement for persons who have a qualifying condition, satisfy functional eligibility requirements, and are eligible for Medical Assistance (MA). By January 1, 2008, DHFS must extend entitlement to persons who are not MA eligible but who are functionally eligible at the comprehensive level or are in need of protective services or protective placement and functionally eligible at the intermediate level, as well as to certain persons who are not MA eligible but are functionally eligible because they were receiving long-term care benefits when the Family Care program was introduced.
This bill requires that a person be eligible for MA to receive the family care benefit, and thus eliminates the requirement that DHFS extend, by January 1, 2008, entitlement for the family care benefit to people who are not eligible for MA. However, the bill provides that people who are not eligible for MA but are receiving the family care benefit on the date this bill is enacted continue to be eligible for, but not entitled to, the family care benefit.
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. 46.281 (1) (i) of the statutes is repealed.

****NOTE: This is reconciled s. 46.281 (1) (i). This SECTION has been affected by drafts with the following LRB numbers: 0330 and 0333.

SECTION 2. 46.283 (3) (h) of the statutes is repealed.

SECTION 3. 46.283 (3) (i) of the statutes is repealed.

SECTION 4. 46.286 (1) (b) (intro.) of the statutes is amended to read:

46.286 (1) (b) Financial eligibility. (intro.) A person is financially eligible if all any of the following apply:

SECTION 5. 46.286 (1) (b) 1. (intro.) of the statutes is repealed.

SECTION 6. 46.286 (1) (b) 1. a. of the statutes is renumbered 46.286 (1) (b) 3. and amended to read:

46.286 (1) (b) 3. The person was receiving the family care benefit on the effective date of this subdivision .... [revisor inserts date], the person would qualify for medical assistance except for financial or disability criteria, and the projected cost of the person's care plan, as calculated by the department or its designee, exceeds the person's gross monthly income, plus one-twelfth of his or her countable assets, less deductions and allowances permitted by rule by the department.

SECTION 7. 46.286 (1) (b) 1. b. and 2. of the statutes are consolidated, renumbered 46.286 (1) (b) 1m. and amended to read:

46.286 (1) (b) 1m. The person is eligible under ch. 49 for medical assistance. 2. If subd. 1. b. applies, the person accepts medical assistance and, unless he or she is exempt from the acceptance under rules promulgated by the department, accepts medical assistance.

SECTION 8. 46.286 (3) (a) (intro.) of the statutes is amended to read:

46.286 (3) (a) (intro.) Subject to pars. par. (c) and (d), a person is entitled to and may receive the family care benefit through enrollment in a care management organization if he or she all of the following apply:

1m. The person is at least 18 years of age,.

2m. The person has a physical disability, as defined in s. 15.197 (4) (a) 2., a developmental disability, as defined in s. 51.01 (5) (a), or degenerative brain disorder, as defined in s. 55.01 (1v), is a frail elder.

4m. The person is financially eligible, under sub. (1) (b) 1m., and fulfills any applicable cost-sharing requirements and meets any of the following criteria:.

SECTION 9. 46.286 (3) (a) 1. of the statutes is repealed.

SECTION 10. 46.286 (3) (a) 2. of the statutes is repealed.

SECTION 11. 46.286 (3) (a) 3. of the statutes is repealed.

SECTION 12. 46.286 (3) (a) 3m. of the statutes is created to read:

46.286 (3) (a) 3m. The person is functionally eligible under sub. (1) (a).

SECTION 13. 46.286 (3) (a) 4. of the statutes is repealed.

SECTION 14. 46.286 (3) (a) 6. of the statutes is repealed.

****NOTE: This is reconciled s. 46.286 (3) (a) (intro.) and 1. to 6. These SECTIONS have been affected by drafts with the following LRB numbers: 0330 and 0333.

SECTION 15. 46.286 (3) (d) of the statutes is repealed.

SECTION 16. 46.288 (2) (intro.) of the statutes is amended to read:

46.288 (2) (intro.) Criteria and procedures for determining functional eligibility under s. 46.286 (1) (a), financial eligibility under s. 46.286 (1) (b), and cost sharing under s. 46.286 (2) (a) and entitlement under s. 46.286 (3). The rules for determining functional eligibility under s. 46.286 (1) (a) 1. a. shall be substantially similar to eligibility criteria for receipt of the long-term support community options program under s. 46.27. Rules under this subsection shall include definitions of the following terms applicable to s. 46.286:
(End)
LRB-0334LRB-0334/2
RLR:jld:rs
2007 - 2008 LEGISLATURE

DOA:......Milioto, BB0024 - CBRF posting of notice of long-term care ombudsman program
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
Other health and human services
Under current law, the Board on Aging and Long-Term Care operates a long-term care ombudsman program. Every community-based residential facility (CBRF) must post notice of the long-term care ombudsman program. This bill provides that only those CBRFs that are licensed to provide care to a client group of persons with functional impairments that commonly accompany advanced age must post notice of the long-term care ombudsman program.
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