Medical Assistance
Under current law, certain Medical Assistance beneficiaries may receive case management services. These services, when provided by independent living centers, are funded in part by the federal Medical Assistance program with the remainder funded by a county, city, village, or town or by a grant from DHS. Independent living centers may receive a grant from DHS to provide nonresidential services to severely disabled people. To receive a grant from DHS, the independent living center must satisfy certain conditions including complying with federal regulations to obtain federal funding.
This bill clarifies that only independent living centers satisfying the criteria to receive a grant from DHS may be reimbursed for case management services through the Medical Assistance program.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 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).
SECTION 2. 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).
SECTION 3. 49.45 (25) (bg) of the statutes is amended to read:
49.45 (25) (bg) An independent living center, as defined in s. 46.96 (1) (ah), that is a certified case management provider and satisfies the criteria in s. 46.96 (3m) (a) 1. to 3. and (am) may elect to provide case management services to one or more of the categories of medical assistance beneficiaries specified under par. (am). The amount of allowable charges for the services under the medical assistance program that is not provided by the federal government shall be paid from nonfederal, public funds received by the independent living center from a county, city, village or town or from funds distributed as a grant under s. 46.96.
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LRB-0376LRB-0376/P4
TJD:wlj:rs
2009 - 2010 LEGISLATURE
DOA:......Willing, BB0090 - Family care eligibility, disability ombudsman, intensive treatment program charge-backs, rule-making changes
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
Long-term care
Under current law, in certain counties, a person who meets certain functional and financial criteria and who is either a frail elder or a person who is at least 18 years old with a physical disability or a developmental disability is eligible for and may obtain the family care benefit. The family care benefit is financial assistance for long-term care.
Also, currently, an individual may be eligible for the family care benefit if he or she does not meet the functional eligibility requirements for the family care benefit but he or she 1) has a condition that is expected to last at least 90 days or result in death within 12 months, 2) applies within 36 months after the date on which the family care benefit is available in the individual's county of residence, and 3) on the date the family care benefit became available in the individual's county of residence, was a resident of a nursing home or had been receiving long-term care services under certain programs for at least 60 days. This bill eliminates this provision, thus requiring that all individuals meet the functional eligibility requirements to be eligible for family care.
Under current law, a care management organization administers the family care benefit under a contract with DHS. DHS must ensure that care management organizations have the capacity to provide the family care benefit within 24 months to all persons in the county who are entitled to it. This bill lengthens the period for ensuring the entitled benefit to 36 months.
Under current law, the Board on Aging and Long-Term Care must contract to provide advocacy services to actual or potential recipients of the family care benefit in a ratio of one advocate to every 2,500 individuals under age 60 who receive the family care benefit. DHS must allot $525,000 for the contract to provide advocacy services in each fiscal year. This bill decreases the ratio to one advocate to every 3,500 individuals under age 60 who receive the family care benefit. The bill eliminates the requirement for DHS to allot money for the contract.
Under current law, the county pays for services for a developmentally disabled individual if those services are not paid for by the federal government. The county also pays for certain mental health services that are not paid for by the federal government. If the individual receiving services is eligible for medical assistance, DHS will pay for the services not paid for by the federal government. This bill requires that, for individuals receiving the family care benefit, the care management organization pay for services provided to developmentally disabled individuals, including mental health services covered by family care.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 46.281 (1n) (e) of the statutes is amended to read:
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 3,500 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.
SECTION 2. 46.286 (1) (a) (intro.) and 1. (intro.) of the statutes are consolidated, renumbered 46.286 (1) (a) (intro.) and amended to read:
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:
SECTION 3. 46.286 (1) (a) 1. a. of the statutes is renumbered 46.286 (1) (a) 1m.
SECTION 4. 46.286 (1) (a) 1. b. of the statutes is renumbered 46.286 (1) (a) 2m.
SECTION 5. 46.286 (1) (a) 2. (intro.) of the statutes is repealed.
SECTION 6. 46.286 (1) (a) 2. a. of the statutes is renumbered 46.286 (3) (b) 2. a.
SECTION 7. 46.286 (1) (a) 2. b. of the statutes is renumbered 46.286 (3) (b) 2. b.
SECTION 8. 46.286 (1) (a) 2. c. of the statutes is renumbered 46.286 (3) (b) 2. c.
SECTION 9. 46.286 (1) (a) 2. d. of the statutes is renumbered 46.286 (3) (b) 2. d.
SECTION 10. 46.286 (1) (a) 2. e. of the statutes is renumbered 46.286 (3) (b) 2. e.
SECTION 11. 46.286 (3) (b) 2. of the statutes is renumbered 46.286 (3) (b) 2. (intro.) and amended to read:
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.:
SECTION 12. 46.286 (3) (c) of the statutes is amended to read:
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.
SECTION 13. 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). 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:
SECTION 14. 46.288 (2) (a) of the statutes is repealed.
SECTION 15. 46.288 (2) (b) of the statutes is repealed.
SECTION 16. 46.288 (2) (c) of the statutes is repealed.
SECTION 17. 49.45 (30m) (am) of the statutes is renumbered 49.45 (30m) (am) 1.
SECTION 18. 49.45 (30m) (am) 2. of the statutes is created to read:
49.45 (30m) (am) 2. For individuals receiving the family care benefit under s. 46.286, the care management organization that manages the family care benefit for the recipient shall pay the portion of the payment that is not covered by the federal government for services that are described under par. (a) 1. and are covered services under the family care benefit; the department shall pay the remainder of the portion of the payment that is not covered by the federal government.
SECTION 19. 51.437 (4rm) (d) of the statutes is created to read:
51.437 (4rm) (d) Notwithstanding pars. (a) to (c), for individuals receiving the family care benefit under s. 46.286, the care management organization that manages the family care benefit for the recipient shall pay the portion of the payment that is for services that are covered under the family care benefit; the department shall pay the remainder of the payment.
SECTION 9322. Initial applicability; Health Services.
(1) FAMILY CARE ENTITLEMENT. The treatment of section 46.286 (3) (c) of the statutes first applies to care management organizations that implement the family care benefit on January 1, 2008.
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LRB-0378LRB-0378/P2
JK:jld:rs
2009 - 2010 LEGISLATURE
DOA:......Lillethun, BB0107 - Imposing the sales and use tax on towing and hauling motor vehicles
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
taxation
Other taxation
Current law provides that the sales and use tax is imposed on the towing of tangible personal property, unless at the time of towing the sale of tangible personal property in this state would be exempt from the sales and use tax, not including the exempt sale of a motor vehicle to a nonresident and other certain nontaxable sales. This bill specifies that the sales and use tax is imposed on the towing and hauling of motor vehicles by a tow truck, unless at the time of towing or hauling a sale of the motor vehicle in this state would be exempt from the sales and use tax, not including the exempt sale of a motor vehicle to a nonresident and other certain nontaxable sales.
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. 77.52 (2) (a) 8m. of the statutes is created to read:
77.52 (2) (a) 8m. The towing and hauling of motor vehicles by a tow truck, as defined in s. 340.01 (67n), unless at the time of towing or hauling a sale in this state of the motor vehicle to the purchaser would be exempt from the taxes imposed under this subchapter, not including the exempt sale of a motor vehicle to a nonresident under s. 77.54 (5) (a) and nontaxable sales described under s. 77.51 (14r).
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LRB-0379LRB-0379/P2
JK:kjf:rs
2009 - 2010 LEGISLATURE
DOA:......Hynek, BB0108 - Supervising local property tax assessments
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
taxation
Property taxation
Under current law, DOR monitors the property tax assessments in all taxation districts. Under current law, a major class of property is property with an assessed value representing more than five percent of the full value of all property in the taxation district in which the major class of property is located. If DOR determines that a major class of property in a taxation district has not been assessed at a value that is within 10 percent of the full value of such property at least once during the most recent five years, DOR notifies the taxation district that the assessment staff in that district must participate in an assessment education program. Under current law, if DOR determines that a major class of property in the taxation district has not been assessed at a value that is within 10 percent of the full value of such property in the year that the taxation district's assessment staff participated in an assessment education program and in the following year, DOR must supervise the taxation district's next property tax assessment.
Under the bill, a major class of property is property with an assessed value representing more than 10 percent of the full value of all property in the taxation district in which the major class of property is located. Under the bill, if DOR determines that a major class of property in a taxation district has not been assessed at a value that is within 10 percent of the full value of such property at least once during the most recent five years, DOR notifies the taxation district that DOR may supervise a subsequent taxation district assessment. If DOR determines that a major class of property in the taxation district has not been assessed at a value that is within 10 percent of the full value of such property in the year after the taxation district receives such notice, DOR must supervise the taxation district's next property tax assessment. Under the bill, the assessment staff of the taxation district does not participate in an assessment education program prior to DOR's supervision of the taxation district assessment.
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. 20.566 (2) (a) of the statutes is amended to read:
20.566 (2) (a) General program operations. The amounts in the schedule for administration of property tax laws, and public utility tax laws and, distribution of state taxes, and administration of general program operations under s. 73.10 and administration of the assessor educational program under s. 73.08.
SECTION 2. 70.05 (5) (a) 3. of the statutes is amended to read:
70.05 (5) (a) 3. "Major class of property" means any class of property that includes more than 5% 10 percent of the full value of the taxation district.
SECTION 3. 70.05 (5) (d) of the statutes is amended to read:
70.05 (5) (d) If the department of revenue determines that the assessed value of each major class of property of a taxation district, including 1st class cities, has not been established within 10% of the full value of the same major class of property during the same year at least once during the 4-year period consisting of the current year and the 3 preceding years, the department shall notify the clerk of the taxation district of its intention to proceed under par. (f) (em) if the taxation district's assessed value of each major class of property for the subsequent year is not within 10% of the full value of the same major class of property. The department's notice shall be in writing and mailed to the clerk of the taxation district on or before November 1 of the year of the determination.
SECTION 4. 70.05 (5) (em) of the statutes is created to read:
70.05 (5) (em) If, in the year after the year in which the taxation district clerk receives notice from the department of revenue under par. (d), the department determines that the assessed value of each major class of property of a taxation district, including 1st class cities, is not within 10 percent of the full value of the same major class of property, the department shall order special supervision under s. 70.75 (3) for that taxation district for the succeeding year's assessment. The order shall be in writing and the department shall mail it to the taxation district clerk on or before November 1 of the year of the determination.
SECTION 5. 70.05 (5) (f) of the statutes is repealed.
