AB75: Bill Text

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

AB75,514,18 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, s. 878 Section 878. 46.286 (3) (b) 2. of the statutes is renumbered 46.286 (3) (b) 2. (intro.) and amended to read:

AB75,515,2 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, s. 879 Section 879. 46.286 (3) (c) of the statutes is amended to read:

AB75,515,10 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, s. 880 Section 880. 46.288 (2) (intro.) of the statutes is amended to read:

AB75,515,17 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AB75, s. 881 Section 881. 46.288 (2) (a) of the statutes is repealed.

AB75, s. 882 Section 882. 46.288 (2) (b) of the statutes is repealed.

AB75, s. 883 Section 883. 46.288 (2) (c) of the statutes is repealed.

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

AB75,515,22 46.2898 Quality home care. (1) Definitions. In this section:

AB75,515,23 (a) "Authority" means the Wisconsin Quality Home Care Authority.

AB75,515,24 (b) "Care management organization" has the meaning given in s. 46.2805 (1).

AB75,516,2 (c) "Provider" means an individual providing home care services who is not any of the following:

AB75,516,4 1. An employee of a home health agency, licensed under s. 50.49, who is hired through that home health agency.

AB75,516,6 2. An employee of a personal care provider agency who is hired through that personal care provider agency.

AB75,516,8 3. A health care provider, as defined in s. 146.997 (1) (d) acting in his or her professional capacity.

AB75,516,9 4. An employee of a company or agency providing supportive home care.

AB75,516,10 5. An employee of an independent living center, as defined in s. 46.96 (1) (ah).

AB75,516,12 6. An employee of a county agency or department under s. 46.215, 46.22, 46.23, 51.42, or 51.437.

AB75,516,21 (d) "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).

AB75,516,25 (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.

AB75,517,2 (b) If a county acts under par. (a), it shall notify the department and the authority of its action.

AB75,517,5 (3) Requirements for benefit. An adult individual who receives home care services and who meets all of the following criteria may receive a benefit for home care services only if he or she complies with sub. (5):

AB75,517,6 (a) The individual is a resident of one of the following:

AB75,517,7 1. A county that has acted under sub. (2) (a).

AB75,517,8 2. A county in which the Family Care Program under s. 46.286 is available.

AB75,517,10 3. A county in which the Program of All-Inclusive Care for the Elderly under 42 USC 1396u-4 is available.

AB75,517,13 4. A county in which the self-directed services option program under 42 USC 1396n (c) is available or in which a program operated under an amendment to the state medical assistance plan under 42 USC 1396n (j) is available.

AB75,517,15 (b) The individual self-directs all or part of his or her home care services and is the employer of record of a provider.

AB75,517,17 (c) The individual is eligible to receive a home care benefit under one of the following:

AB75,517,18 1. The Family Care Program under s. 46.286.

AB75,517,19 2. The Program of All-Inclusive Care for the Elderly, under 42 USC 1396u-4.

AB75,517,22 3. 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).

AB75,517,24 4. A program operated under an amendment to the state medical assistance plan under 42 USC 1396n (j).

AB75,518,4 (4) Duties of home care payors. Care management organizations, the state, and counties that pay for the provision of home care services to individuals shall inform the authority of the name, address, and telephone numbers of any provider hired by an individual receiving home care services.

AB75,518,6 (5) Duties of consumers: A recipient of home care services, as described under sub. (3), who hires a provider shall do all of the following:

AB75,518,10 (a) Hire only a provider who has been placed on the registry maintained by the authority under s. 52.20 (1) or a person whose name has been submitted to the authority under par. (b) and who the authority has determined is eligible for placement on the registry.

AB75,518,14 (b) If a potential provider has not been placed on the registry maintained by the authority under s. 52.20 (1), provide the name, address, and telephone number of the potential provider to the authority for evaluation of eligibility for the registry and for inclusion in the collective bargaining process under subch. V of ch. 111.

AB75,518,16 (c) Compensate providers in accordance with any collective bargaining agreement that applies to home care providers under subch. V of ch. 111.

AB75,518,18 (d) Inform the authority of the name, address, and telephone number of any provider that he or she fires.

AB75,518,21 (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.

AB75,518,23 (b) A qualified provider may choose to be placed on the registry maintained by the authority under s. 52.20 (1).

AB75,519,2 (7) Department rule-making. The department may promulgate rules defining terms, including the term "home care services," establishing the qualification criteria that apply under sub. (1) (d), and establishing procedures for implementation of this section.

AB75,519,5 (8) Any withholding of medical assistance benefits by the department for failure of the benefit recipient to comply with s. 46.2898 (5) is subject to approval by the federal centers for medicare and medicaid services.

AB75, s. 885 Section 885. 46.29 (1) (intro.) of the statutes is amended to read:

AB75,519,10 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:

AB75, s. 886 Section 886. 46.29 (1) (c) of the statutes is repealed.

AB75, s. 887 Section 887. 46.29 (1) (fm) of the statutes is repealed.

AB75, s. 888 Section 888. 46.295 (1) of the statutes is amended to read:

AB75,519,17 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.

AB75, s. 889 Section 889. 46.40 (2m) (a) of the statutes is amended to read:

AB75,519,22 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.

AB75, s. 890 Section 890. 46.40 (9) (d) of the statutes is renumbered 46.40 (9) (d) 1. (intro.) and amended to read:

AB75,520,3 46.40 (9) (d) 1. (intro.) The From the appropriation account under s. 20.435 (7) (b), the department may decrease a county's allocation under sub. (2) by the any of the following amounts:

AB75,520,5 a. The amount of any payment adjustments under s. 49.45 (52) made for that county from the appropriation account under s. 20.435 (7) (b).

AB75,520,9 2. The total amount of the decrease for a county under this paragraph subdivision during any fiscal year may not exceed that part of the county's allocation under sub. (2) that derives from the appropriation account under s. 20.435 (7) (b) for that fiscal year.

AB75, s. 891 Section 891. 46.40 (9) (d) 1. b. of the statutes is created to read:

AB75,520,13 46.40 (9) (d) 1. b. The amount by which the department determines a county failed to comply with the maintenance-of-effort requirement under s. 49.45 (30g) (c) 3.

AB75, s. 892 Section 892. 46.48 (1) of the statutes is amended to read:

AB75,520,17 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.

AB75, s. 893 Section 893. 46.48 (9) of the statutes is repealed.

AB75, s. 894 Section 894. 46.48 (9m) of the statutes is created to read:

AB75,520,23 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.

AB75, s. 895 Section 895. 46.48 (11m) of the statutes is repealed.

AB75, s. 896 Section 896. 46.48 (30) (a) of the statutes is amended to read:

AB75,521,9 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).

AB75, s. 897 Section 897. 46.485 (2g) (intro.) of the statutes is amended to read:

AB75,521,16 46.485 (2g) (intro.) From the appropriation accounts under s. 20.435 (4) (b) and (gp), 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:

AB75, s. 898 Section 898. 46.485 (3r) of the statutes is amended to read:

AB75,521,23 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).

AB75, s. 899 Section 899. 46.495 (1) (am) of the statutes is amended to read:

AB75,522,5 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.

AB75, s. 900 Section 900. 46.56 (8) (L) of the statutes is amended to read:

AB75,522,13 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.

AB75, s. 901 Section 901. 46.56 (15) (a) of the statutes is amended to read:

AB75,522,19 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.

AB75, s. 902 Section 902. 46.56 (15) (b) 4. of the statutes is amended to read:

AB75,522,25 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.

AB75, s. 903 Section 903. 46.70 of the statutes is amended to read:

AB75,523,6 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).

AB75, s. 904 Section 904. 46.71 (1) (intro.) of the statutes is amended to read:

AB75,523,14 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:

AB75, s. 905 Section 905. 46.71 (2) of the statutes is amended to read:

AB75,523,18 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).

AB75, s. 906 Section 906. 46.86 (6) (a) (intro.) of the statutes is amended to read: