b. The Program of All-Inclusive Care for the Elderly, under
42 USC 1396u-4.
c. A program operated under a waiver from the secretary of the federal department of health and human services under
42 USC 1396n (c) or
42 USC 1396n (b) and (c) or the self-directed services option operated under
42 USC 1396n (c).
d. A program operated under an amendment to the state medical assistance plan under
42 USC 1396n (j).
(dm) "Home care" means supportive home care, personal care, and other nonprofessional services of a type that may be covered under a medical assistance waiver under
42 USC 1396n (c) and that are provided to individuals to assist them in meeting their daily living needs, ensuring adequate functioning in their homes, and permitting safe access to their communities.
(e) "Provider" means an individual who is hired by a consumer to provide home care to the consumer but does not include any of the following:
1. A person, while he or she is providing services in the capacity of an employee of any of the following entities:
a. A home health agency licensed under s. 50.49.
b. A personal care provider agency.
c. A company or agency providing supportive home care.
d. An independent living center, as defined in s. 46.96 (1) (ah).
e. A county agency or department under s. 46.215, 46.22, 46.23, 51.42, or 51.437.
2. A health care provider, as defined in s. 146.997 (1) (d), acting in his or her professional capacity.
(f) "Qualified provider" means a provider who meets the qualifications for payment through the Family Care Program under s. 46.286, the Program for All-Inclusive Care for the Elderly operated under
42 USC 1396u-4, an amendment to the state medical assistance plan under
42 USC 1396n (j), or a medical assistance waiver program operated under a waiver from the secretary of the U.S. department of health and human services under
42 USC 1396n (c) or
42 USC 1396n (b) and (c) and any qualification criteria established in the rules promulgated under sub. (7) and who the authority determines is eligible for placement on the registry maintained by the authority under s. 52.20 (1).
(2) County participation. (a) A county board of supervisors may require a county department under 46.215, 46.22, 46.23, 51.42, or 51.437 to follow procedures under this section and to pay providers in accordance with agreements under subch. V of ch. 111.
(b) If a county acts under par. (a), it shall notify the department and the authority of its action.
(c) A county that acts under par. (a) shall compensate providers in accordance with any agreement under subch. V of ch. 111 and make any payroll deductions authorized by such agreements.
(4) Duties of home care payors. Care management organizations, the state, and counties, as described under sub. (1) (cm) 1. a. to d., that pay for the provision of home care services to consumers shall provide to the authority the name, address, telephone number, date of hire, and date of termination of any provider hired by an individual receiving home care services.
(5) Duties of consumers. A consumer shall do all of the following:
(a) Inform the authority of the name, address, telephone number, date of hire, and date of termination of any provider hired by the consumer to provide home care services.
(b) Compensate providers in accordance with any collective bargaining agreement that applies to home care providers under subch. V of ch. 111 and make any payroll deductions authorized by the agreement.
(6) Providers. (a) A qualified provider providing home care services under this section shall be subject to the collective bargaining agreement that applies to home care providers under subch. V of ch. 111.
(b) A qualified provider may choose to be placed on the registry maintained by the authority under s. 52.20 (1).
(7) Department rule-making. The department may promulgate rules defining terms, specifying which services constitute home care, establishing the qualification criteria that apply under sub. (1) (d), and establishing procedures for implementation of this section.
28,885
Section
885. 46.29 (1) (intro.) of the statutes is amended to read:
46.29 (1) (intro.) From the appropriation account under s. 20.435 (6) (7) (a), the department shall allocate distribute at least $16,100 in each fiscal year for operation of the council on physical disabilities. The council on physical disabilities shall do all of the following:
28,888
Section
888. 46.295 (1) of the statutes is amended to read:
46.295 (1) The department may, on the request of any hearing-impaired person, city, village, town, or county or private agency, provide funds from the appropriation accounts under s. 20.435 (6) (7) (d) and (hs) and (7) (d) to reimburse interpreters for hearing-impaired persons for the provision of interpreter services.
28,889
Section
889. 46.40 (2m) (a) of the statutes is amended to read:
46.40
(2m) (a)
Prevention and treatment of substance abuse. For prevention and treatment of substance abuse under
42 USC 300x-21 to
300x-35, the department shall distribute not more than
$13,975,500 in fiscal year 2009-10 and $9,735,700 in each fiscal year
thereafter.
28,892
Section
892. 46.48 (1) of the statutes is amended to read:
46.48 (1) General. From the appropriation accounts under s. 20.435 (5) (bc) and (7) (bc), the department shall distribute award grants for community programs as provided in this section.
28,893
Section
893. 46.48 (9) of the statutes is repealed.
28,894
Section
894. 46.48 (9m) of the statutes is created to read:
46.48 (9m) Quality home care. The department shall award a grant to the Wisconsin Quality Home Care Authority for the purpose of providing services to recipients and providers of home care under s. 46.2898 and ch. 52 and may award grants to counties to facilitate transition to procedures established under s. 46.2898.
28,895
Section
895. 46.48 (11m) of the statutes is repealed.
28,896
Section
896. 46.48 (30) (a) of the statutes is amended to read:
46.48
(30) (a) From the appropriation
account under s. 20.435 (7) (bc), the department shall distribute grants on a competitive basis to county departments of social services and to private nonprofit organizations, as defined in s. 103.21 (2), for the provision of alcohol and other drug abuse treatment services in counties with a population of 500,000 or more. Grants distributed under this subsection may be used only to provide treatment for alcohol and other drug abuse to individuals who are eligible for federal temporary assistance for needy families under
42 USC 601 et. seq. and who have a family income of not more than 200% of the poverty line, as defined in s. 49.001 (5).
46.485 (2g) (intro.) From the appropriation account under s. 20.435 (4) (b), the department may in each fiscal year transfer funds to the appropriation account under s. 20.435 (7) (kb) (5) (kc) for distribution under this section and from the appropriation account under s. 20.435 (7) (mb) the department may not distribute more than $1,330,500 in each fiscal year to applying counties in this state that meet all of the following requirements, as determined by the department:
28,898
Section
898. 46.485 (3r) of the statutes is amended to read:
46.485 (3r) Funds from the appropriation account under s. 20.435 (7) (kb) (5) (kc) that the department does not distribute to a county before 24 months after June 30 of the fiscal year in which the department allocated the funds to the county under sub. (2g) lapse to the appropriation account under s. 20.435 (4) (b). A county may at any time expend funds that the department distributes to the county, consistent with the requirements under sub. (3m).
28,899
Section
899. 46.495 (1) (am) of the statutes is amended to read:
46.495 (1) (am) The department shall reimburse each county from the appropriations under s. 20.435 (7) (b) and (o) for social services as approved by the department under ss. 46.215 (1), (2) (c) 1., and (3) and 46.22 (1) (b) 1. d. and (e) 3. a. except that no reimbursement may be made for the administration of or aid granted under s. 49.02, 2009 stats.
28,900
Section
900. 46.56 (8) (L) of the statutes is amended to read:
46.56 (8) (L) In providing integrated services under this section, the service coordination agency and the designated service providers shall include in the integrated service plan all individuals who are active in the care of the child with severe disabilities, including members of the child's family, foster parents, treatment foster parents and other individuals who by close and continued association with the child have come to occupy significant roles in the care and treatment of the child with severe disabilities.
28,901
Section
901. 46.56 (15) (a) of the statutes is amended to read:
46.56 (15) (a) From the appropriation account under s. 20.435 (7) (5) (co), the department shall make available funds to implement programs under this section. The funds may be used to pay for the intake, assessment, case planning and service coordination provided under sub. (8) and for expanding the capacity of the county to provide community-based care and treatment for children with severe disabilities.
28,902
Section
902. 46.56 (15) (b) 4. of the statutes is amended to read:
46.56 (15) (b) 4. Submit a description of the existing services in the county for children with severe disabilities, an assessment of any gaps in services, and a plan for using the funds under this program or from other funding sources to develop or expand any needed community-based services such as in-home treatment, treatment foster care, day treatment, respite care, or crisis services.
28,903
Section
903. 46.70 of the statutes is amended to read:
46.70 Delivery of services to American Indians. To facilitate the delivery of accessible, available and culturally appropriate social services and mental hygiene services to American Indians by county departments under s. 46.215, 46.22, 51.42 or 51.437, the department may fund federally recognized tribal governing bodies in this state from the appropriation account under s. 20.435 (7) (5) (kL).
28,904
Section
904. 46.71 (1) (intro.) of the statutes is amended to read:
46.71 (1) (intro.) From the appropriation account under s. 20.435 (7) (5) (km), and department shall, for the development of new drug abuse prevention, treatment and education programs that are culturally specific with respect to American Indians or to supplement like existing programs, allocate a total of not more than $500,000 in each fiscal year to all the elected governing bodies of federally recognized American Indian tribes or bands that submit to the department plans, approved by the department, that do all of the following:
28,905
Section
905. 46.71 (2) of the statutes is amended to read:
46.71 (2) The amount of funds allocated by the department under sub. (1) may not exceed the amounts appropriated under the appropriation account under s. 20.435 (7) (5) (km).
28,906
Section
906. 46.86 (6) (a) (intro.) of the statutes is amended to read:
46.86 (6) (a) (intro.) From the appropriation account under s. 20.435 (7) (md), the department may award up to $1,369,000 in fiscal year 2001-02 and up to $1,330,800 in fiscal year 2002-03 and in each fiscal year thereafter, and from the appropriation account under s. 20.435 (6) (5) (gb), the department may award not more than $231,300 in fiscal year 2001-02 and not more than $319,500 in fiscal year 2002-03 and in each fiscal year thereafter, as grants to counties and private entities to provide community-based alcohol and other drug abuse treatment programs that do all of the following:
28,907
Section
907. 46.96 (1) (ap) of the statutes is amended to read:
46.96
(1) (ap) "Independent living services" has the meaning given under
29 USC 706 (30) 29 USC 705 (18).
28,908
Section
908. 46.96 (1) (at) of the statutes is amended to read:
46.96
(1) (at) "Individual with
a disability" has the meaning given under
29 USC 706 (8) (B) 29 USC 705 (20).
28,909
Section
909. 46.972 (2) of the statutes is amended to read:
46.972
(2) From the appropriation
account under s. 20.435
(5) (1) (ce), the department shall
allocate award up to $125,000 in each fiscal year as grants to applying public or nonprofit private entities for the costs of providing primary health services and any other services that may be funded by the program under
42 USC 256 to homeless individuals. Entities that receive funds
allocated awarded by the department under this paragraph shall provide the primary health services as required under
42 USC 256 (f). The department may
allocate award to an applying entity up to 100% of the amount of matching funds required under
42 USC 256 (e).
28,910
Section
910. 46.985 (1) (f) of the statutes is amended to read:
46.985 (1) (f) "Parent" means a parent, guardian, legal custodian, or a person acting in the place of a parent, but does not include a foster parent, treatment foster parent or any other paid care provider.
28,912
Section
912. 46.99 of the statutes is created to read:
46.99 Medical assistance waiver for Birth to 3 participants. (1) In this section, "medical assistance" means the program under subch. IV of ch. 49.
(2) The department shall request from the secretary of the U.S. department of health and human services a waiver under
42 USC 1396n (c) that authorizes the provision of home or community-based services under medical assistance to children who are eligible for medical assistance and receive early intervention services under s. 51.44.
(3) If the waiver requested under sub. (2) is granted, counties shall provide the nonfederal share of costs for medical assistance services provided under the waiver. Counties may use moneys appropriated under s. 20.435 (7) (bt) and distributed to counties under s. 51.44 (3) (a) to provide the nonfederal share of medical assistance costs.
(4) From the appropriation account under s. 20.435 (4) (o), the department shall distribute to counties that provide services under this section the amount of federal moneys received by the state as the federal share of medical assistance for those services, minus the amount transferred to the appropriation account under s. 20.435 (7) (im) for the department's costs of administering this section. Counties shall use moneys distributed under this section to provide services under this section or s. 51.44.
28,913
Section
913. 48.01 (1) (gg) of the statutes is amended to read:
48.01 (1) (gg) To promote the adoption of children into safe and stable families rather than allowing children to remain in the impermanence of foster or treatment foster care.
28,914
Section
914. 48.02 (6) of the statutes is amended to read:
48.02 (6) "Foster home" means any facility that is operated by a person required to be licensed by s. 48.62 (1) (a) and that provides care and maintenance for no more than 4 children or, if necessary to enable a sibling group to remain together, for no more than 6 children or, if the department promulgates rules permitting a different number of children, for the number of children permitted under those rules.
28,915
Section
915. 48.02 (17q) of the statutes is repealed.
28,916
Section
916. 48.195 (2) (d) 5. of the statutes is amended to read:
48.195 (2) (d) 5. The child's foster parent, treatment foster parent, or other person having physical custody of the child.
28,917
Section
917. 48.207 (1) (c) of the statutes is amended to read:
48.207 (1) (c) A licensed foster home or a licensed treatment foster home provided if the placement does not violate the conditions of the license.
28,918
Section
918. 48.207 (1) (f) of the statutes is amended to read:
48.207 (1) (f) The home of a person not a relative, if the placement does not exceed 30 days, though the placement may be extended for an additional 30 days for cause by the court, and if the person has not had a foster home or treatment foster home license under s. 48.62 refused, revoked, or suspended within the last 2 years.
28,919
Section
919. 48.207 (3) of the statutes is amended to read:
48.207 (3) A child taken into custody under s. 48.981 may be held in a hospital, foster home, treatment foster home, relative's home, or other appropriate medical or child welfare facility which that is not used primarily for the detention of delinquent children.
28,919p
Section 919p. 48.21 (3) (f) of the statutes is created to read:
48.21 (3) (f) If present at the hearing, the parent shall be requested to provide the names and other identifying information of 3 relatives of the child or family friends 18 years of age or over whose homes the parent requests the court to consider as placements for the child. If the parent does not provide this information at the hearing, the county department or, in a county having a population of 500,000 or more, the department shall make a reasonable effort to provide each parent with the opportunity to provide this information.
28,920
Section
920. 48.21 (5) (d) 2. of the statutes is amended to read:
48.21 (5) (d) 2. If a hearing is held under subd. 1., at least 10 days before the date of the hearing the court shall notify the child, any parent, guardian, and legal custodian of the child, and any foster parent, treatment foster parent, or other physical custodian described in s. 48.62 (2) of the child of the time, place, and purpose of the hearing.
28,921
Section
921. 48.21 (5) (d) 3. of the statutes is amended to read:
48.21 (5) (d) 3. The court shall give a foster parent
, treatment foster parent, or other physical custodian described in s. 48.62 (2) who is notified of a hearing under subd. 2. an opportunity to be heard at the hearing by permitting the foster parent, treatment foster parent, or other physical custodian to make a written or oral statement during the hearing, or to submit a written statement prior to the hearing, relevant to the issues to be determined at the hearing. A foster parent, treatment foster parent, or other physical custodian who receives a notice of a hearing under subd. 2. and an opportunity to be heard under this subdivision does not become a party to the proceeding on which the hearing is held solely on the basis of receiving that notice and opportunity to be heard.
