AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Medical Assistance
Under current law, DHS, through the Medical Assistance (MA) Program, pays the costs of transporting recipients of MA to obtain medical care. The county department of social services must authorize transportation by common carrier or private motor vehicle in advance. This bill eliminates the requirement that the county department of social services authorize transportation by common carrier or private motor vehicle.
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. 49.46 (2) (b) 3. of the statutes is amended to read:
49.46 (2) (b) 3. Transportation by emergency medical vehicle to obtain emergency medical care, transportation by specialized medical vehicle to obtain medical care including the unloaded travel of the specialized medical vehicle necessary to provide that transportation, or, if authorized in advance by the county department under s. 46.215 or 46.22, transportation by common carrier or private motor vehicle to obtain medical care.
(End)
LRB-0659LRB-0659/P4
RLR:wlj:md
2009 - 2010 LEGISLATURE
DOA:......Fox, BB0193 - Adult Family Homes
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Medical Assistance
Under current law, DHS regulates various types of long-term care providers, including three- and four-bed adult family homes.
This bill requires DHS to regulate one- and two-bed adult family homes. Under the bill, DHS must establish certification standards for one- and two-bed adult family homes. The bill provides that after the Family Care Program is implemented in a county, one- and two-bed adult family homes may not provide services for a person who is a recipient of services under Family Care, a community-based long-term care MA waiver program, or Supplemental Security Income unless the home is certified by DHS. Under the bill, DHS must certify one- and two-bed adult family homes upon determining that they satisfy DHS's certification standards. In addition, DHS must certify one- and two-bed adult family homes that were certified by a county and attest that they satisfy the certification standards established by DHS. DHS may impose fees for certification. In addition DHS may inspect one- and two-bed adult family homes and revoke their certification for failure to satisfy certification standards.
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. 16.009 (1) (em) 6. of the statutes is amended to read:
16.009 (1) (em) 6. An adult family home, as defined in s. 50.01 (1) (a) or (b).
SECTION 2. 20.435 (6) (jm) of the statutes is amended to read:
20.435 (6) (jm) Licensing and support services. The amounts in the schedule for the purposes specified in ss. 48.685 (2) (am) and (b) 1., (3) (a) and (b), and (5) (a), 49.45 (47), 50.02 (2), 50.025, 50.031, 50.065 (2) (am) and (b) 1., (3) (a) and (b), and (5), 50.13, 50.135, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.981, and 146.40 (4r) (b) and (er), and subch. IV of ch. 50 and to conduct health facilities plan and rule development activities, for accrediting nursing homes, convalescent homes, and homes for the aged, to conduct capital construction and remodeling plan reviews under ss. 50.02 (2) (b) and 50.36 (2), and for the costs of inspecting, licensing or certifying, and approving facilities, issuing permits, and providing technical assistance, that are not specified under any other paragraph in this subsection. All moneys received under ss. 48.685 (8), 49.45 (42) (c), 49.45 (47) (c), 50.02 (2), 50.025, 50.031 (6), 50.065 (8), 50.13, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.93 (1) (c), and 50.981, all moneys received from fees for the costs of inspecting, licensing or certifying, and approving facilities, issuing permits, and providing technical assistance, that are not specified under any other paragraph in this subsection, and all moneys received under s. 50.135 (2) shall be credited to this appropriation account.
****NOTE: This is reconciled s. 20.435 (6) (jm). This SECTION has been affected by drafts with the following LRB numbers: 0659/P3 and 0660/P3.
SECTION 3. 46.281 (3) of the statutes is amended to read:
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.
SECTION 4. 46.283 (4) (e) of the statutes is amended to read:
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.
SECTION 5. 46.283 (4) (g) of the statutes is amended to read:
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.
SECTION 6. 50.01 (1) (intro.) of the statutes is amended to read:
50.01 (1) (intro.) "Adult family home" means one of the following and does not include a place that is specified in sub. (1g) (a) to (d), (f), or (g):
SECTION 7. 50.01 (1) (b) of the statutes is amended to read:
50.01 (1) (b) A place where 3 or 4 adults who are not related to the operator reside and receive care, treatment or services that are above the level of room and board and that may include up to 7 hours per week of nursing care per resident. "Adult family home" does not include a place that is specified in sub. (1g) (a) to (d), (f) or (g).
SECTION 8. 50.01 (1) (c) of the statutes is created to read:
50.01 (1) (c) A place in which the operator provides care, treatment, support, or service above the level of room and board, but not including nursing care, to up to 2 adults who are not related to the operator.
SECTION 9. 50.02 (1) of the statutes is amended to read:
50.02 (1) DEPARTMENTAL AUTHORITY. The department may provide uniform, statewide licensing, inspection, and regulation of community-based residential facilities and nursing homes as provided in this subchapter. The department shall certify, inspect, and otherwise regulate adult family homes, as specified under s. ss. 50.031 and 50.032 and shall license adult family homes, as specified under s. 50.033. Nothing in this subchapter may be construed to limit the authority of the department of commerce or of municipalities to set standards of building safety and hygiene, but any local orders of municipalities shall be consistent with uniform, statewide regulation of community-based residential facilities. The department may not prohibit any nursing home from distributing over-the-counter drugs from bulk supply. The department may consult with nursing homes as needed and may provide specialized consultations when requested by any nursing home, separate from its inspection process, to scrutinize any particular questions the nursing home raises. The department shall, by rule, define "specialized consultation".
SECTION 10. 50.031 of the statutes is created to read:
50.031 Certification of 1-bed and 2-bed adult family homes. (1) DEFINITION. In this section, "adult family home" has the meaning given in s. 50.01 (1) (c).
(2) CERTIFICATION. (a) After the date on which the family care benefit under s. 46.286 is first made available in a county, no person may operate an adult family home in that county that provides residential care to a recipient of supplemental security income under 42 USC 1381 to 1383c, a recipient of the family care benefit under s. 46.286, or a recipient of services under s. 46.27 (11), 46.275, 46.277, 46.278, or 46.2785, or under any other program operated under a waiver authorized by the secretary at the U.S. department of health and human services under 42 USC 1396n (b) or (c), unless the adult family home is certified by the department under par. (b) or (c).
(b) The department shall certify an adult family home upon determining that the adult family home satisfies standards established under sub. (3).
(c) The department shall certify an adult family home that was certified to receive payment for residential care under s. 46.27 (11), 46.275, 46.277, 46.278, or 46.2785 by a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 if the operator of the adult family home attests to all of the following:
1. That the adult family home was certified by the county department and is at the same location as when certified by the county department.
2. That the adult family home satisfies standards established under sub. (3).
(d) Certification under par. (b) or (c) shall be valid until revoked by the department.
(3) STANDARDS. The department shall establish standards for certification under this section.
(4) INVESTIGATION. The department may investigate complaints that an adult family home certified under this section violated a standard for certification under sub. (3).
(5) REVOCATION. The department may revoke the certification of an adult family home that is certified under this section if the adult family home violates a standard established under sub. (3).
(6) FEE. The department may charge a fee for certification under sub. (2) (a) and a fee for a certification under sub. (2) (b).
SECTION 11. 59.69 (15) (intro.) of the statutes is amended to read:
59.69 (15) COMMUNITY AND OTHER LIVING ARRANGEMENTS. (intro.) For purposes of this section, the location of a community living arrangement for adults, as defined in s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743 (1), a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1) (a) or (b), in any municipality, shall be subject to the following criteria:
SECTION 12. 60.63 (intro.) of the statutes is amended to read:
60.63 Community and other living arrangements. (intro.) For purposes of s. 60.61, the location of a community living arrangement for adults, as defined in s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743 (1), a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1) (a) or (b), in any town shall be subject to the following criteria:
SECTION 13. 62.23 (7) (i) (intro.) of the statutes is amended to read:
62.23 (7) (i) Community and other living arrangements. (intro.) For purposes of this section, the location of a community living arrangement for adults, as defined in s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743 55(1), a foster home, as defined in s. 48.02 (6), a treatment foster home, as defined in s. 48.02 (17q), or an adult family home, as defined in s. 50.01 (1) (a) or (b), in any city shall be subject to the following criteria:
SECTION 14. 563.03 (1) of the statutes is amended to read:
563.03 (1) "Adult family home" has the meaning given in s. 50.01 (1) (a) or (b).
(End)
LRB-0660LRB-0660/3
TJD:bjk:ph
2009 - 2010 LEGISLATURE
DOA:......Fox, BB0192 - Personal care service agencies
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Medical Assistance
Under current law, personal care services are a covered benefit for certain beneficiaries of the Medical Assistance Program. This bill allows DHS to charge a fee to certify providers of personal care services and allows DHS to promulgate emergency rules for certification of providers of personal care services.
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. 49.45 (42) of the statutes is renumbered 49.45 (42) (d).
SECTION 2. 49.45 (42) (c) of the statutes is created to read:
49.45 (42) (c) The department may charge a fee to certify a provider of personal care services described under par. (d) 3. e. Fees collected under this paragraph shall be credited to the appropriation account under s. 20.435 (6) (jm).
SECTION 3. 49.45 (42) (d) 3. of the statutes is created to read:
49.45 (42) (d) 3. The provider of the personal care services is one of the following:
a. An independent living center meeting the criteria to receive a grant under s. 46.96.
b. A county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437.
c. A federally recognized American Indian tribe or band certified to provide services to medical assistance beneficiaries.
d. A home health agency licensed under s. 50.49.
e. Any other entity certified under sub. (2) (a) 11. to provide personal care services under s. 49.46 (2) (b) 6. j.
SECTION 9122. Nonstatutory provisions; Health Services.
(1) PERSONAL CARE PROVIDER AGENCY; RULES. Using the procedure under section 227.24 of the statutes, the department of health services may promulgate rules establishing criteria for certification of agencies that provide personal care services under the Medical Assistance Program, which shall remain in effect until the date on which permanent rules take effect, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.
(End)
LRB-0669LRB-0669/1
GMM:jld:md
2009 - 2010 LEGISLATURE
DOA:......Dombrowski, BB0196 - TEACH telecommunications access by business entities
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
