SB1, s. 967 3Section 967. 46.282 (3) (a) 7. of the statutes is repealed.
SB1, s. 968 4Section 968. 46.282 (3) (a) 8. of the statutes is renumbered 46.2825 (2) (e) and
5amended to read:
SB1,537,76 46.2825 (2) (e) Monitor the pattern of enrollments and disenrollments in local
7care management organizations that provide services in the committee's region.
SB1, s. 969 8Section 969. 46.282 (3) (a) 9. of the statutes is renumbered 46.283 (6) (b) 3. and
9amended to read:
SB1,537,1410 46.283 (6) (b) 3. Identify any gaps in services, living arrangements, and
11community resources and develop strategies to build local capacity to serve older
12persons and persons with physical or developmental disabilities
needed by
13individuals belonging to the client groups served by the resource center
, especially
14those with long-term care needs.
SB1, s. 970 15Section 970. 46.282 (3) (a) 10. of the statutes is renumbered 46.2825 (2) (g) and
16amended to read:
SB1,537,1917 46.2825 (2) (g) Perform long-range planning on long-term care policy for older
18persons and persons with physical or developmental disabilities
individuals
19belonging to the client groups served by the resource center
.
SB1, s. 971 20Section 971. 46.282 (3) (a) 11. of the statutes is renumbered 46.283 (6) (b) 8.
21and amended to read:
SB1,538,322 46.283 (6) (b) 8. Annually review interagency agreements between a the
23resource center and care management organization or organizations that provide
24services in the area served by the resource center
and make recommendations, as
25appropriate, on the interaction between the resource center and the care

1management organization or organizations to assure coordination between or
2among them and to assure access to and timeliness in provision of services by the
3resource center and the care management organizations
.
SB1, s. 972 4Section 972. 46.282 (3) (a) 12. of the statutes is renumbered 46.283 (6) (b) 9.
5and amended to read:
SB1,538,106 46.283 (6) (b) 9. Annually review Review the number and types of complaints
7and
grievances about and appeals concerning the long-term care system by persons
8who receive or may receive care under the system
in the area served by the resource
9center
, to determine if a need exists for system changes, and recommend system or
10other changes if appropriate.
SB1, s. 973 11Section 973. 46.282 (3) (a) 13. of the statutes is renumbered 46.283 (6) (b) 6.
12and amended to read:
SB1,538,1613 46.283 (6) (b) 6. Identify potential new sources of community resources and
14funding for needed services for older persons and persons with physical or
15developmental disabilities
individuals belonging to the client groups served by the
16resource center
.
SB1, s. 974 17Section 974. 46.282 (3) (a) 14. of the statutes is repealed.
SB1, s. 975 18Section 975. 46.282 (3) (a) 15. of the statutes is repealed.
SB1, s. 976 19Section 976. 46.282 (3) (b) of the statutes is renumbered 46.283 (6) (b) 10. and
20amended to read:
SB1,538,2421 46.283 (6) (b) 10. A local long-term care council may, within the local
22long-term care council's area
If directed to do so by the county board, assume the
23duties of the county long-term community support planning committee as specified
24under s. 46.27 (4) for a county served by the resource center.
SB1, s. 977 25Section 977. 46.2825 of the statutes is created to read:
SB1,539,8
146.2825 Regional long-term care advisory committees. (1) Creation.
2The governing board of each resource center operating in a region established by the
3department under s. 46.281 (1n) (d) 1. shall appoint the number of its members that
4is specified by the department under s. 46.281 (1n) (d) 2. to a regional long-term care
5advisory committee. At least 50 percent of the persons a resource center board
6appoints to a regional long-term care advisory committee shall be older persons or
7persons with a physical or developmental disability or their family members,
8guardians, or other advocates.
SB1,539,10 9(2) Duties. A regional long-term care advisory committee shall do all of the
10following:
SB1,539,1611 (a) Evaluate the performance of care management organizations and entities
12that operate a program described under s. 46.2805 (1) (a) or (b) in the committee's
13region with respect to responsiveness to recipients of their services, fostering choices
14for recipients, and other issues affecting recipients; and make recommendations
15based on the evaluation to the department and to the care management
16organizations and entities, as appropriate.
SB1,539,1917 (b) Evaluate the performance of resource centers operating in the committee's
18region and, as appropriate, make recommendations, concerning their performance
19to the department and the resource centers.
SB1,539,2220 (c) Monitor grievances and appeals made to care management organizations
21or entities that operate a program described under s. 46.2805 (1) (a) or (b) within the
22committee's region.
SB1,539,2323 (d) Review utilization of long-term care services in the committee's region.
SB1,540,424 (f) Using information gathered under s. 46.283 (6) (b) 2. by governing boards
25of resources centers operating in the committee's region and other available

1information, identify any gaps in the availability of services, living arrangements,
2and community resources needed by older persons and persons with physical or
3developmental disabilities, and develop strategies to build capacity to provide those
4services, living arrangements, and community resources in the committee's region.
SB1,540,75 (h) Annually report to the department regarding significant achievements and
6problems relating to the provision of long-term care services in the committee's
7region.
SB1, s. 978 8Section 978. 46.283 (1) (a) 2. of the statutes is amended to read:
SB1,540,109 46.283 (1) (a) 2. Whether to create a family long-term care district to apply to
10the department for a contract to operate a resource center.
SB1, s. 979 11Section 979. 46.283 (2) (a) of the statutes is repealed.
SB1, s. 980 12Section 980. 46.283 (2) (b) of the statutes is renumbered 46.283 (2), and 46.283
13(2) (intro.) and (b), as renumbered, are amended to read:
SB1,540,2114 46.283 (2) (intro.) After June 30, 2001, the The department may, if the
15applicable review conditions under s. 46.281 (1) (e) 2. are satisfied,
contract to
16operate a resource center with counties, family long-term care districts, or the
17governing body of a tribe or band or the Great Lakes Inter-Tribal Council, Inc., under
18a joint application of any of these, or with a private nonprofit organization if the
19department determines that the organization has no significant connection to an
20entity that operates a care management organization and if any of the following
21applies:
SB1,540,2322 (b) A county agency or a family long-term care district applies for a contract
23but fails to meet the standards specified in sub. (3).
SB1, s. 981 24Section 981. 46.283 (3) (h) of the statutes is repealed.
SB1, s. 982 25Section 982. 46.283 (3) (i) of the statutes is repealed.
SB1, s. 983
1Section 983. 46.283 (3) (k) of the statutes is amended to read:
SB1,541,42 46.283 (3) (k) A determination of eligibility for state supplemental payments
3under s. 49.77, medical assistance under s. 49.46, 49.468 or, 49.47, or 49.471, or the
4federal food stamp program under 7 USC 2011 to 2029.
SB1, s. 984 5Section 984. 46.283 (4) (e) of the statutes is amended to read:
SB1,541,136 46.283 (4) (e) Within 6 months after the family care benefit is available to all
7eligible persons in the area of the resource center, provide
Provide information about
8the services of the resource center, including the services specified in sub. (3) (d),
9about assessments under s. 46.284 (4) (b) and care plans under s. 46.284 (4) (c) and
10about the family care benefit to all older persons and persons with a physical
11disability who are residents of nursing homes, community-based residential
12facilities, adult family homes and residential care apartment complexes in the area
13of the resource center.
SB1, s. 985 14Section 985. 46.283 (4) (f) of the statutes is amended to read:
SB1,541,1815 46.283 (4) (f) Provide Perform a functional screening and a financial screen to
16and cost-sharing screening for any resident, as specified in par. (e), who requests a
17screen screening and assist any resident who is eligible and chooses to enroll in a care
18management organization to do so.
SB1, s. 986 19Section 986. 46.283 (4) (g) of the statutes is amended to read:
SB1,542,820 46.283 (4) (g) Provide Perform a functional screening and a financial screen to
21and cost-sharing screening for any person seeking admission to a nursing home,
22community-based residential facility, residential care apartment complex , or adult
23family home if the secretary has certified that the resource center is available to the
24person and the facility and the person is determined by the resource center to have
25a condition that is expected to last at least 90 days that would require care,

1assistance, or supervision. A resource center may not require a financial screen and
2cost-sharing screening
for a person seeking admission or about to be admitted on a
3private pay basis who waives the requirement for a financial screen and cost-sharing
4screening
under this paragraph, unless the person is expected to become eligible for
5medical assistance within 6 months. A resource center need not provide perform a
6functional screen for screening for a person seeking admission or about to be
7admitted who has received a screen for whom a functional eligibility under s. 46.286
8(1) (a)
screening was performed within the previous 6 months.
SB1, s. 987 9Section 987. 46.283 (4) (j) of the statutes is created to read:
SB1,542,1210 46.283 (4) (j) Target any outreach, education, and prevention services it
11provides and any service development efforts it conducts on the basis of findings
12made by the governing board of the resource center under sub. (6) (b) 2. and 3.
SB1, s. 988 13Section 988. 46.283 (5) of the statutes is amended to read:
SB1,542,1814 46.283 (5) Funding. From the appropriation accounts under s. 20.435 (4) (b),
15(bm), (gp), (pa), and (w), and (xd) and (7) (b), (bd), and (md), the department may
16contract with organizations that meet standards under sub. (3) for performance of
17the duties under sub. (4) and shall distribute funds for services provided by resource
18centers.
SB1, s. 989 19Section 989. 46.283 (6) of the statutes is amended to read:
SB1,542,2220 46.283 (6) Governing board. (a) 1. A resource center shall have a governing
21board that reflects the ethnic and economic diversity of the geographic area served
22by the resource center.
SB1,543,4 232. At least one-fourth of the members of the governing board shall be older
24persons or persons with physical or developmental disabilities
individuals who
25belong to a client group served by the resource center or their family members,

1guardians, or other advocates. The proportion of these board members who belong
2to each client group, or their family members, guardians, or advocates, shall be the
3same, respectively, as the proportion of individuals in this state who receive services
4under s. 46.2805 to 46.2895 and belong to each client group.
SB1, s. 990 5Section 990. 46.283 (6) (a) 3. of the statutes is created to read:
SB1,543,126 46.283 (6) (a) 3. An individual who has a financial interest in, or serves on the
7governing board of, a care management organization or an organization that
8administers a program described under s. 46.2805 (1) (a) or (b) or a managed care
9program under s. 49.45 for individuals who are eligible to receive supplemental
10security income under 42 USC 1381 to 1383c, which serves any geographic area also
11served by a resource center, and the individual's family members, may not serve as
12members of the governing board of the resource center.
SB1, s. 991 13Section 991. 46.283 (6) (b) of the statutes is created to read:
SB1,543,1514 46.283 (6) (b) The governing board of a resource center shall do all of the
15following:
SB1,543,1816 1. Determine the structure, policies, and procedures of, and oversee the
17operations of, the resource center. The operations of a resource center that is
18operated by a county are subject to the county's ordinances and budget.
SB1,543,2319 2. Annually gather information from consumers and providers of long-term
20care services and other interested persons concerning the adequacy of long-term
21care services offered in the area served by the resource center. The board shall
22provide well-advertised opportunities for persons to participate in the board's
23information gathering activities conducted under this subdivision.
SB1,543,2524 4. Report findings made under subds. 2. and 3. to the applicable regional
25long-term care advisory committee.
SB1,544,3
15. Recommend strategies for building local capacity to serve older persons and
2persons with physical or developmental disabilities, as appropriate, to local elected
3officials, the regional long-term care advisory committee, or the department.
SB1,544,54 7. Appoint members to the regional long-term care advisory committee, as
5provided under s. 46.2825 (1).
SB1, s. 992 6Section 992. 46.284 (1) (a) (intro.) of the statutes is amended to read:
SB1,544,107 46.284 (1) (a) (intro.) After considering recommendations of the local
8long-term care council under s. 46.282 (3) (a) 1., a
A county board of supervisors and,
9in a county with a county executive or a county administrator, the county executive
10or county administrator, may decide all of the following:
SB1, s. 993 11Section 993. 46.284 (1) (a) 2. of the statutes is amended to read:
SB1,544,1312 46.284 (1) (a) 2. Whether to create a family long-term care district to apply to
13the department for a contract to operate a care management organization.
SB1, s. 994 14Section 994. 46.284 (2) (b) (intro.) of the statutes is repealed.
SB1, s. 995 15Section 995. 46.284 (2) (b) 1. of the statutes is repealed.
SB1, s. 996 16Section 996. 46.284 (2) (b) 2. of the statutes is repealed.
SB1, s. 997 17Section 997. 46.284 (2) (b) 3. of the statutes is renumbered 46.284 (2) (bm) and
18amended to read:
SB1,545,419 46.284 (2) (bm) After December 31, 2003, the The department may contract
20with counties, family long-term care districts, the governing body of a tribe or band
21or the Great Lakes inter-tribal council, inc., or under a joint application of any of
22these, or with a private organization that has no significant connection to an entity
23that operates a resource center. Proposals for contracts under this subdivision shall
24be solicited under a competitive sealed proposal process under s. 16.75 (2m) and,
25after consulting with the local long-term care council for the county or counties,
the

1department shall evaluate the proposals primarily as to the quality of care that is
2proposed to be provided, certify those applicants that meet the requirements
3specified in sub. (3) (a), select certified applicants for contract and contract with the
4selected applicants.
SB1, s. 997m 5Section 997m. 46.284 (2) (c) of the statutes is created to read:
SB1,545,186 46.284 (2) (c) The department shall require, as a term of any contract with a
7care management organization under this section, that the care management
8organization contract for the provision of services that are covered under the family
9care benefit with any community-based residential facility under s. 50.01 (1g),
10residential care apartment complex under s. 50.01 (1d), nursing home under s. 50.01
11(3), intermediate care facility for the mentally retarded under s. 50.14 (1) (b),
12community rehabilitation program, home health agency under s. 50.49 (1) (a),
13provider of day services, or provider of personal care, as defined in s. 50.01 (4o), that
14agrees to accept the reimbursement rate that the care management organization
15pays under contract to similar providers for the same service and that satisfies any
16applicable quality of care, utilization, or other criteria that the care management
17organization requires of other providers with which it contracts to provide the same
18service.
SB1, s. 998 19Section 998. 46.284 (3) (a) of the statutes is amended to read:
SB1,546,220 46.284 (3) (a) If an entity meets the requirements under par. (b) and applicable
21rules of the department and submits to the department an application for initial
22certification or certification renewal, the department shall certify that the entity
23meets the requirements for a care management organization. An application shall
24include comments about the applicant and recommendations about the application

1that are provided by the appropriate local long-term care council, as specified under
2s. 46.282 (3) (a) 3.
SB1, s. 999 3Section 999. 46.284 (5) (a) of the statutes is amended to read:
SB1,546,104 46.284 (5) (a) From the appropriation accounts under s. 20.435 (4) (b), (g), (gp),
5(im), (o), and (w), and (xd) and (7) (b) and, (bd), and (g), the department shall provide
6funding on a capitated payment basis for the provision of services under this section.
7Notwithstanding s. 46.036 (3) and (5m), a care management organization that is
8under contract with the department may expend the funds, consistent with this
9section, including providing payment, on a capitated basis, to providers of services
10under the family care benefit.
SB1, s. 1000 11Section 1000. 46.284 (6) of the statutes is amended to read:
SB1,546,1912 46.284 (6) Governing board. A care management organization shall have a
13governing board that reflects the ethnic and economic diversity of the geographic
14area served by the care management organization. At least one-fourth of the
15members of the governing board shall be older persons or persons with physical or
16developmental disabilities or their family members, guardians or other advocates
17who are
representative of the client group or groups whom the care management
18organization's enrollee organization is contracted to serve or those clients' family
19members, guardians, or other advocates
.
SB1, s. 1001 20Section 1001. 46.285 (1) of the statutes is renumbered 46.285, and 46.285
21(intro.), (1) and (2), as renumbered, are amended to read:
SB1,547,2 2246.285 (intro.) In order to meet federal requirements and assure federal
23financial participation in funding of the family care benefit, a county, a tribe or band,
24a family long-term care district or an organization, including a private, nonprofit

1corporation, may not directly operate both a resource center and a care management
2organization, except as follows:
SB1,547,6 3(1) For an entity with which the department has contracted under s. 46.281 (1)
4(e) 1., 2005 stats., provision of the services specified under s. 46.283 (3) (b), (e), (f) and
5(g) shall be structurally separate from the provision of services of the care
6management organization by January 1, 2001.
SB1,547,10 7(2) The department may approve separation of the functions of a resource
8center from those of a care management organization by a means other than those
9specified in sub. (2)
creating a long-term care district under s. 46.2895 to serve either
10as a resource center or a care management organization
.
SB1, s. 1002 11Section 1002. 46.285 (2) of the statutes is repealed.
SB1, s. 1003 12Section 1003. 46.286 (1) (intro.) of the statutes is amended to read:
SB1,547,1713 46.286 (1) Eligibility. (intro.) A person is eligible for, but not necessarily
14entitled to, the family care benefit if the person is at least 18 years of age; has a
15physical disability, as defined in s. 15.197 (4) (a) 2., or a developmental disability, as
16defined in s. 51.01 (5) (a), or degenerative brain disorder, as defined in s. 55.01 (1v)
17is a frail elder; and meets all of the following criteria:
SB1, s. 1004 18Section 1004. 46.286 (1) (a) 1. of the statutes is amended to read:
SB1,547,2019 46.286 (1) (a) 1. The person's functional capacity level of care need is at either
20of the following levels:
SB1,547,2321 a. The comprehensive nursing home level, if the person has a long-term or
22irreversible condition, expected to last at least 90 days or result in death within one
23year of the date of application, and requires ongoing care, assistance or supervision.
SB1,548,224 b. The intermediate non-nursing home level, if the person has a condition that
25is expected to last at least 90 days or result in death within 12 months after the date

1of application, and is at risk of losing his or her independence or functional capacity
2unless he or she receives assistance from others.
SB1, s. 1005 3Section 1005. 46.286 (1) (b) (intro.) of the statutes is amended to read:
SB1,548,54 46.286 (1) (b) Financial eligibility. (intro.) A person is financially eligible if
5all any of the following apply:
SB1, s. 1006 6Section 1006. 46.286 (1) (b) 1. (intro.) of the statutes is repealed.
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