Amendment ASA1-AB75

AB75-ASA1,452,5 (2) The department promulgates an administrative rule to deliver the benefits by an electronic benefits transfer system.

AB75-ASA1,452,10 (3) The department does not require a county or tribal governing body to use the electronic benefit transfer system if the costs to the county or tribal government of delivering the benefits by the electronic benefit transfer system would be greater than the costs to the county or tribal government of delivering the benefits by means other than an electronic benefit transfer system.

AB75-ASA1, s. 830 Section 830. 46.03 (2a) of the statutes is amended to read:

AB75-ASA1,452,15 46.03 (2a) Gifts. Be authorized to accept gifts, grants or donations of money or of property from private sources to be administered by the department for the execution of its functions. All moneys so received shall be paid into the general fund and are appropriated therefrom as provided in s. 20.435 (9) (i).

AB75-ASA1, s. 831 Section 831. 46.03 (43) of the statutes is amended to read:

AB75-ASA1,452,20 46.03 (43) Compulsive gambling awareness campaigns. From the appropriation account under s. 20.435 (7) (5) (kg), provide award grants to one or more individuals or organizations in the private sector to conduct compulsive gambling awareness campaigns.

AB75-ASA1, s. 832 Section 832. 46.057 (2) of the statutes is amended to read:

AB75-ASA1,453,7 46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $1,379,300 $1,296,500 in each fiscal year and, from the appropriation account under s. 20.410 (3) (hm), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $2,639,800 $2,872,300 in fiscal year 2007-08 2009-10 and $2,707,300 $2,896,100 in fiscal year 2008-09 2010-11, and from the appropriation account under s. 20.410 (3) (o), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $69,000 in each of fiscal years 2009-10 and 2010-11 for services for juveniles placed at the Mendota juvenile treatment center. The department of health services may charge the department of corrections not more than the actual cost of providing those services.

AB75-ASA1, s. 833 Section 833. 46.10 (8) (i) of the statutes is amended to read:

AB75-ASA1,453,12 46.10 (8) (i) Pay quarterly from the appropriation accounts under s. 20.435 (2) (gk) and (7) (5) (gg) the collection moneys due county departments under ss. 51.42 and 51.437. Payments shall be made as soon after the close of each quarter as is practicable.

AB75-ASA1, s. 834 Section 834. 46.10 (14) (a) of the statutes is amended to read:

AB75-ASA1,454,3 46.10 (14) (a) Except as provided in pars. (b) and (c), liability of a person specified in sub. (2) or s. 46.03 (18) for inpatient care and maintenance of persons under 18 years of age at community mental health centers, a county mental health complex under s. 51.08, the centers for the developmentally disabled, the Mendota Mental Health Institute, and the Winnebago Mental Health Institute or care and maintenance of persons under 18 years of age in residential, nonmedical facilities such as group homes, foster homes, treatment foster homes, subsidized guardianship homes, residential care centers for children and youth, and juvenile correctional institutions is determined in accordance with the cost-based fee established under s. 46.03 (18). The department shall bill the liable person up to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other 3rd-party benefits, subject to rules that include formulas governing ability to pay promulgated by the department under s. 46.03 (18). Any liability of the patient not payable by any other person terminates when the patient reaches age 18, unless the liable person has prevented payment by any act or omission.

AB75-ASA1, s. 835 Section 835. 46.10 (14) (b) of the statutes is amended to read:

AB75-ASA1,454,13 46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the parent's minor child who has been placed by a court order under s. 48.355 or 48.357 in a residential, nonmedical facility such as a group home, foster home, treatment foster home, subsidized guardianship home, or residential care center for children and youth shall be determined by the court by using the percentage standard established by the department of children and families under s. 49.22 (9) and by applying the percentage standard in the manner established by the department under par. (g).

AB75-ASA1, s. 836 Section 836. 46.208 (1) of the statutes is amended to read:

AB75-ASA1,454,18 46.208 (1) All records of the county or tribal governing body relating to the administration of relief that is funded by a relief block grant under ch. 49, as defined in s. 49.001 (5p), shall be open to inspection at all reasonable hours by authorized representatives of the department.

AB75-ASA1, s. 837 Section 837. 46.208 (2m) of the statutes is amended to read:

AB75-ASA1,455,3 46.208 (2m) The department may at any time audit all records of the relief agency relating to the administration of relief funded by a relief block grant under ch. 49, as defined in s. 49.001 (5p), and may at any time conduct administrative reviews of a county department under s. 46.215, 46.22, or 46.23. The department shall furnish a copy of the county audit or administrative review report to the chairperson of the county board of supervisors and the county clerk in a county with a single-county department or to the county boards of supervisors and the county clerks in counties with a multicounty department, and to the county director of the county department under s. 46.215, 46.22, or 46.23.

AB75-ASA1, s. 838 Section 838. 46.21 (1) (d) of the statutes is amended to read:

AB75-ASA1,455,12 46.21 (1) (d) "Human services" means the total range of services to people, including mental illness treatment, developmental disabilities services, physical disabilities services, relief funded by a relief block grant under ch. 49, income maintenance, youth probation, extended supervision and parole services, alcohol and drug abuse services, services to children, youth and families, family counseling, early intervention services for children from birth to the age of 3, and manpower services. "Human services" does not include child welfare services under s. 48.48 (17) administered by the department in a county having a population of 500,000 or more.

AB75-ASA1, s. 839 Section 839. 46.21 (2) (j) of the statutes is amended to read:

AB75-ASA1,455,22 46.21 (2) (j) May exercise approval or disapproval power over contracts and purchases of the director that are for $50,000 or more, except that the county board of supervisors may not exercise approval or disapproval power over any personal service contract or over any contract or purchase of the director which that relates to community living arrangements, adult family homes, or foster homes or treatment foster homes and which that was entered into pursuant to a contract under s. 46.031 (2g) or 301.031 (2g), regardless of whether the contract mentions the provider, except as provided in par. (m). This paragraph does not preclude the county board of supervisors from creating a central purchasing department for all county purchases.

AB75-ASA1, s. 839p Section 839p. 46.215 (1) (intro.) of the statutes, as affected by 2009 Wisconsin Act 15, is amended to read:

AB75-ASA1,456,11 46.215 (1) Creation; powers and duties. (intro.) In a county with a population of 500,000 or more the administration of welfare services, other than child welfare services under s. 48.48 (17) administered by the department and except as provided in s. ss. 49.155 (3g), 49.825, and 49.826, is vested in a county department of social services under the jurisdiction of the county board of supervisors under s. 46.21 (2m) (b) 1. a. Any reference in any law to a county department of social services under this section applies to a county department under s. 46.21 (2m) in its administration under s. 46.21 (2m) of the powers and duties of the county department of social services. Except as provided in s. ss. 49.155 (3g), 49.825, and 49.826, the county department of social services shall have the following functions, duties, and powers, and such other welfare functions as may be delegated to it:

AB75-ASA1, s. 840 Section 840. 46.215 (1) (d) of the statutes is amended to read:

AB75-ASA1,456,18 46.215 (1) (d) To make investigations that relate to services under subchs. II, IV, and V of ch. 49 upon request by the department of health services, to make investigations that relate to juvenile delinquency-related services at the request of the department of corrections, and to make investigations that relate to programs under ch. 48 and subch. III of ch. 49 upon request by the department of children and families.

AB75-ASA1, s. 841 Section 841. 46.215 (1) (fm) of the statutes is repealed.

AB75-ASA1, s. 842 Section 842. 46.215 (1) (j) of the statutes is repealed.

AB75-ASA1, s. 844 Section 844. 46.215 (1) (p) of the statutes is amended to read:

AB75-ASA1,456,24 46.215 (1) (p) To establish and administer the child care program under s. 49.155, if the department of children and families contracts with the county department of social services to do so.

AB75-ASA1, s. 845d Section 845d. 46.215 (2) (c) 3. of the statutes is amended to read:

AB75-ASA1,457,10 46.215 (2) (c) 3. A county department of social services shall develop, under the requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related care and services to be purchased. The department of corrections may review the contracts and approve them if they are consistent with s. 301.08 (2) and if state or federal funds are available for such purposes. The joint committee on finance may require the department of corrections to submit the contracts to the committee for review and approval. The department of corrections may not make any payments to a county for programs included in a contract under review by the committee. The department of corrections shall reimburse each county for the contracts from the appropriations under s. 20.410 (3) (cd) and, (ko), and (o) as appropriate.

AB75-ASA1, s. 846 Section 846. 46.22 (1) (b) 1. d. of the statutes is amended to read:

AB75-ASA1,457,14 46.22 (1) (b) 1. d. To submit a final budget in accordance with s. 46.031 (1) for services authorized in this section, except for the administration of and cost of aid granted under ss. 49.02, 49.19 and 49.45 to 49.471.

AB75-ASA1, s. 847 Section 847. 46.22 (1) (b) 1. h. of the statutes is repealed.

AB75-ASA1, s. 848 Section 848. 46.22 (1) (b) 2. e. of the statutes is repealed.

AB75-ASA1, s. 849 Section 849. 46.22 (1) (b) 2. fm. of the statutes is amended to read:

AB75-ASA1,457,20 46.22 (1) (b) 2. fm. To establish and administer the child care program under s. 49.155, if the department of children and families contracts with the county department of social services to do so.

AB75-ASA1, s. 853d Section 853d. 46.22 (1) (e) 3. c. of the statutes is amended to read:

AB75-ASA1,458,7 46.22 (1) (e) 3. c. A county department of social services shall develop, under the requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related care and services to be purchased. The department of corrections may review the contracts and approve them if they are consistent with s. 301.08 (2) and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of corrections to submit the contracts to the committee for review and approval. The department of corrections may not make any payments to a county for programs included in the contract that is under review by the committee. The department of corrections shall reimburse each county for the contracts from the appropriations under s. 20.410 (3) (cd) and, (ko), and (o) as appropriate.

AB75-ASA1, s. 854 Section 854. 46.23 (2) (a) of the statutes is amended to read:

AB75-ASA1,458,14 46.23 (2) (a) "Human services" means the total range of services to people including, but not limited to, health care, mental illness treatment, developmental disabilities services, relief funded by a block grant under ch. 49, income maintenance, probation, extended supervision and parole services, alcohol and drug abuse services, services to children, youth and aging, family counseling, special education services, and manpower services.

AB75-ASA1, s. 855 Section 855. 46.266 (1) (intro.) of the statutes is amended to read:

AB75-ASA1,458,24 46.266 (1) (intro.) Notwithstanding s. 49.45 (6m) (ag) and except as provided in sub. (3), if before July 1, 1989, the federal health care financing administration or the department found a skilled nursing facility or intermediate care facility in this state that provides care to medical assistance recipients for which the facility receives reimbursement under s. 49.45 (6m) to be an institution for mental diseases, the department shall allocate funds from the appropriation account under s. 20.435 (7) (5) (be) for distribution under this section to a county department under s. 51.42 for the care, in the community or in a facility found to be an institution for mental diseases, of the following persons:

AB75-ASA1, s. 856 Section 856. 46.268 (1) (intro.) of the statutes is amended to read:

AB75-ASA1,459,4 46.268 (1) (intro.) Notwithstanding s. 49.45 (6m) (ag), from the appropriation account under s. 20.435 (7) (5) (be), the department shall distribute not more than $830,000 in each fiscal year in order to provide funding of community services for an eligible individual, if all of the following apply:

AB75-ASA1, s. 858 Section 858. 46.281 (1n) (e) of the statutes is amended to read:

AB75-ASA1,459,16 46.281 (1n) (e) Contract with a person to provide the advocacy services described under s. 16.009 (2) (p) 1. to 5. to actual or potential recipients of the family care benefit who are under age 60 or to their families or guardians. The department may not contract under this paragraph with a county or with a person who has a contract with the department to provide services under s. 46.283 (3) and (4) as a resource center or to administer the family care benefit as a care management organization. The contract under this paragraph shall include as a goal that the provider of advocacy services provide one advocate for every 2,500 individuals under age 60 who receive the family care benefit. The department shall allocate $190,000 for the contract under this paragraph in fiscal year 2007-08 and $525,000 in each subsequent fiscal year.

AB75-ASA1, s. 859 Section 859. 46.281 (3) of the statutes is amended to read:

AB75-ASA1,460,2 46.281 (3) Duty of the secretary. The secretary shall certify to each county, hospital, nursing home, community-based residential facility, adult family home, as defined in s. 50.01 (1) (a) or (b), and residential care apartment complex the date on which a resource center that serves the area of the county, hospital, nursing home, community-based residential facility, adult family home, or residential care apartment complex is first available to perform functional screenings and financial and cost-sharing screenings. To facilitate phase-in of services of resource centers, the secretary may certify that the resource center is available for specified groups of eligible individuals or for specified facilities in the county.

AB75-ASA1, s. 860 Section 860. 46.283 (4) (e) of the statutes is amended to read:

AB75-ASA1,460,9 46.283 (4) (e) Provide information about the services of the resource center, including the services specified in sub. (3) (d), about assessments under s. 46.284 (4) (b) and care plans under s. 46.284 (4) (c), and about the family care benefit to all older persons and persons with a physical disability who are residents of nursing homes, community-based residential facilities, adult family homes, as defined in s. 50.01 (1) (a) or (b), and residential care apartment complexes in the area of the resource center.

AB75-ASA1, s. 861 Section 861. 46.283 (4) (g) of the statutes is amended to read:

AB75-ASA1,460,24 46.283 (4) (g) Perform a functional screening and a financial and cost-sharing screening for any person seeking admission to a nursing home, community-based residential facility, residential care apartment complex, or adult family home, as defined in s. 50.01 (1) (a) or (b), if the secretary has certified that the resource center is available to the person and the facility and the person is determined by the resource center to have a condition that is expected to last at least 90 days that would require care, assistance, or supervision. A resource center may not require a financial and cost-sharing screening for a person seeking admission or about to be admitted on a private pay basis who waives the requirement for a financial and cost-sharing screening under this paragraph, unless the person is expected to become eligible for medical assistance within 6 months. A resource center need not perform a functional screening for a person seeking admission or about to be admitted for whom a functional screening was performed within the previous 6 months.

AB75-ASA1, s. 862 Section 862. 46.284 (3m) of the statutes is created to read:

AB75-ASA1,461,4 46.284 (3m) Permit required. A care management organization that is described under s. 600.01 (1) (b) 10. a., to which s. 600.01 (1) (b) 10. b. does not apply and that is certified under sub. (3) shall apply for a permit with the office of the commissioner of insurance under ch. 648.

AB75-ASA1, s. 863 Section 863. 46.284 (4) (m) of the statutes is created to read:

AB75-ASA1,461,9 46.284 (4) (m) Compensate providers, as defined in s. 46.2898 (1) (e), in accordance with any agreement under subch. V of ch. 111 relating to a provider hired directly by an enrollee and make any payroll deductions authorized by those agreements.

AB75-ASA1, s. 864 Section 864. 46.286 (1) (a) (intro.) and 1. (intro.) of the statutes are consolidated, renumbered 46.286 (1) (a) (intro.) and amended to read:

AB75-ASA1,461,15 46.286 (1) (a) Functional eligibility. (intro.) A person is functionally eligible if any of the following applies the person's level of care need, as determined by the department or its designee: 1. (intro.) The person's level of care need, is either of the following:

AB75-ASA1, s. 865 Section 865. 46.286 (1) (a) 1. a. of the statutes is renumbered 46.286 (1) (a) 1m.

AB75-ASA1, s. 866 Section 866. 46.286 (1) (a) 1. b. of the statutes is renumbered 46.286 (1) (a) 2m.

AB75-ASA1, s. 867 Section 867. 46.286 (1) (a) 2. (intro.) of the statutes is repealed.

AB75-ASA1, s. 868 Section 868. 46.286 (1) (a) 2. a. of the statutes is renumbered 46.286 (3) (b) 2. a.

AB75-ASA1, s. 869 Section 869. 46.286 (1) (a) 2. b. of the statutes is renumbered 46.286 (3) (b) 2. b.

AB75-ASA1, s. 870 Section 870. 46.286 (1) (a) 2. c. of the statutes is renumbered 46.286 (3) (b) 2. c.

AB75-ASA1, s. 871 Section 871. 46.286 (1) (a) 2. d. of the statutes is renumbered 46.286 (3) (b) 2. d.

AB75-ASA1, s. 872 Section 872. 46.286 (1) (a) 2. e. of the statutes is renumbered 46.286 (3) (b) 2. e.

AB75-ASA1, s. 872k Section 872k. 46.286 (1) (b) (intro.) (except 46.286 (1) (b) (title)) of the statutes is renumbered 46.286 (1) (b) 2m. (intro.).

AB75-ASA1, s. 873 Section 873. 46.286 (1) (b) 1c. of the statutes is created to read:

AB75-ASA1,462,9 46.286 (1) (b) 1c. In this paragraph, "medical assistance" does not include coverage of the benefits under s. 49.471 (11).

AB75-ASA1, s. 874 Section 874. 46.286 (1) (b) 1m. of the statutes is renumbered 46.286 (1) (b) 2m. a.

AB75-ASA1, s. 875 Section 875. 46.286 (1) (b) 3. of the statutes is renumbered 46.286 (1) (b) 2m. b.

AB75-ASA1, s. 877 Section 877. 46.286 (3) (a) 4m. of the statutes is amended to read:

AB75-ASA1,462,16 46.286 (3) (a) 4m. The person is financially eligible under sub. (1) (b) 1m. 2m. a., and fulfills any applicable cost-sharing requirements.

AB75-ASA1, s. 878 Section 878. 46.286 (3) (b) 2. of the statutes is renumbered 46.286 (3) (b) 2. (intro.) and amended to read:

AB75-ASA1,462,24 46.286 (3) (b) 2. (intro.) If the contract between the care management organization and the department is canceled or not renewed. If this circumstance occurs, the department shall assure that enrollees continue to receive needed services through another care management organization or through the medical assistance fee-for-service system or any of the following programs specified under sub. (1) (a) 2. a. to d.:

AB75-ASA1, s. 879 Section 879. 46.286 (3) (c) of the statutes is amended to read:

AB75-ASA1,463,7 46.286 (3) (c) Within each county and for each client group, par. (a) shall first apply on the effective date of a contract under which a care management organization accepts a per person per month payment to provide services under the family care benefit to eligible persons in that client group in the county. Within 24 36 months after this date, the department shall assure that sufficient capacity exists within one or more care management organizations to provide the family care benefit to all entitled persons in that client group in the county.

AB75-ASA1, s. 880 Section 880. 46.288 (2) (intro.) of the statutes is amended to read:

AB75-ASA1,463,14 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). The rules for determining functional eligibility under s. 46.286 (1) (a) 1. a. 1m. 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:

AB75-ASA1, s. 881 Section 881. 46.288 (2) (a) of the statutes is repealed.

AB75-ASA1, s. 882 Section 882. 46.288 (2) (b) of the statutes is repealed.

AB75-ASA1, s. 883 Section 883. 46.288 (2) (c) of the statutes is repealed.

AB75-ASA1, s. 884 Section 884. 46.2898 of the statutes is created to read:

AB75-ASA1,463,19 46.2898 Quality home care. (1) Definitions. In this section:

AB75-ASA1,463,20 (a) "Authority" means the Wisconsin Quality Home Care Authority.

AB75-ASA1,463,21 (b) "Care management organization" has the meaning given in s. 46.2805 (1).

AB75-ASA1,463,23 (cm) "Consumer" means an adult who receives home care services and who meets all of the following criteria: