Under current law, DNR provides financial assistance for projects that reduce
water pollution from nonpoint (diffuse) sources. Local governmental units annually
apply for cost-sharing grants from DNR for new nonpoint source projects. A project
qualifies for funding only if it is in an area that is targeted due to water quality
problems. DNR annually ranks all of the eligible applications based on specified
criteria and then selects projects to receive cost-sharing grants. This process is
referred to as the targeted runoff management grant process. This bill increases the
authorized general obligation bonding authority for targeted runoff management
grants by $7,000,000.
Current law also authorizes DNR to award a cost-sharing grant, outside of the
targeted runoff management grant process, to a local governmental unit for animal
waste management at a livestock operation for which DNR has issued a notice of
discharge if DNR determines that awarding a grant outside of that process is
necessary to protect fish and aquatic life. This bill broadens that authority by also
covering livestock operations for which DNR has issued a notice of intent to issue a
notice of discharge and allowing DNR to award a grant to a local governmental unit
if DNR determines that it is necessary to protect the waters of the state. The bill also
authorizes DNR to award a cost-sharing grant directly to the owner or operator of
a livestock operation under the same circumstances.
Under current law, DNR provides financial assistance for the management of
urban storm water runoff and for flood control and riparian restoration projects.
This bill increases the general obligation bonding authority for these purposes by
$6,000,000.
Current federal law authorizes the Environmental Protection Agency (EPA) to
carry out projects to clean up contaminated sediment in the Great Lakes and
tributaries of the Great Lakes. The federal law requires that a portion of the funding
for a project be provided from a source other than the federal government. Current
state law authorizes DNR to pay a portion of the costs of such a project if EPA
provides federal funds for the project. The law provides $17,000,000 in bond
authority, to be repaid from the environmental fund, for this purpose.
This bill authorizes DNR to pay a portion of the costs of a project to remove
contaminated sediment from Lake Michigan or Lake Superior or a tributary of Lake
Michigan or Lake Superior if the project is in a water body that DNR has identified
as being impaired and the impairment is caused by contaminated sediment, without
regard to whether EPA provided funds for the project. The bill also increases the
bonding authority for sediment removal projects by $5,000,000.
Under current law, a person who discharges certain pollutants into the waters
of this state must hold a permit issued by DNR. Current law also provides that,
instead of issuing a separate permit for a discharge from an individual point source,
DNR may issue a general permit, applicable to a designated area of the state,
authorizing discharges from specified categories or classes of point sources located
within that area.
This bill authorizes DNR to issue a general permit authorizing a vessel that is
79 feet or greater in length to discharge ballast water into the waters of this state and
authorizes DNR to charge specified fees for applying for and maintaining coverage
under the permit.
Current law requires a person who plans to construct a well other than a high
capacity well to notify DNR of the location of the well before construction begins and
to pay a notification fee of $50. This bill authorizes DNR to appoint agents to process
well notifications and collect the fees. The bill requires a person making a well
notification to pay a processing fee of 50 cents and authorizes the agent to retain the
fee.
Hazardous substances and environmental cleanup
Under current law, the Department of Commerce (Commerce) administers
PECFA, a program to reimburse owners of certain petroleum product storage tanks
for a portion of the costs of cleaning up discharges from those tanks. Under this bill,
the owner of a petroleum product storage tank is not eligible for reimbursement
under PECFA unless the owner notifies Commerce about the discharge before
January 1, 2012.
This bill authorizes Commerce to contract with a person who removes
underground petroleum storage tanks to remove an abandoned underground
petroleum product storage tank if Commerce determines that the owner of the tank
is unable to pay to have the tank removed.
Under current law, DNR administers the Dry Cleaner Environmental
Response Program (DERP), under which DNR reimburses a portion of the costs of
cleaning up discharges of dry cleaning solvents. DERP is funded from the segregated
dry cleaner environmental response fund (DERF), which consists primarily of fees
paid by dry cleaners.
This bill authorizes the transfer of money from the environmental
improvement fund (which funds the Clean Water Fund Program, the Safe Drinking
Water Loan Program, and the Land Recycling Loan Program) to DERF if the amount
in DERF is insufficient to provide reimbursement under DERP. Any transfer must
be repaid with interest. The bill requires the secretary of administration and the
secretary of natural resources to enter into an agreement specifying the terms and
conditions of the transfer and provides that the transfer may not exceed $6,200,000.
Under the Land Recycling Loan Program, this state makes subsidized loans to
muncipalities and counties for projects to remedy environmental contamination at
sites owned by the municipalities and counties where the environmental
contamination has affected, or threatens to affect, groundwater or surface water.
Current law limits the total amount that may be expended for this program to
$20,000,000. This bill reduces the amount that may be expended for the program by
the amount of any transfer from the environmental improvement fund to DERF.
This bill sets the present value of the Land Recycling Loan Program subsidies
that may be provided during the 2009-11 fiscal biennium at $2,700,000. Current law
provides that, in any fiscal biennium, an eligible applicant may not receive more than
25 percent of the present value of the subsidies established for that biennium. This
bill eliminates this funding cap.
Under current law, generators of hazardous waste generally must pay an
annual environmental repair fee consisting of a base fee plus $20 per ton of waste
with a maximum of $17,000. This bill increases the base fee from $210 to $350 for
generators of small quantities of hazardous waste and $470 for generators of large
quantities of hazardous waste and increases the maximum fee to $17,500. Current
law specifies that the environmental repair fee may not be assessed for certain
wastes, including wastes that are recovered for recycling or reuse. This bill provides
that it is the per ton fee, not the base fee, that may not be assessed for those wastes.
Current law authorizes DNR to take actions to prevent or remedy
environmental contamination in specified circumstances. In some cases the law
requires the person responsible for the contamination to reimburse DNR for the costs
that it incurs in taking these actions. This bill provides that when DNR authorizes
reimbursement for the costs of these actions to be paid over time, DNR must require
monthly payments of interest on the outstanding balance of the reimbursement.
Air quality
Currently, EPA delegates to DNR the authority to administer the federal Clean
Air Act in this state. The Clean Air Act requires persons who operate certain
stationary sources of air pollution, such as large factories, to have federal operation
permits. State law requires persons who operate certain other stationary sources of
air pollution to have state operation permits. Generally, current law requires a
person who has either kind of operation permit to pay an annual fee of $35.71 per ton
of certain pollutants emitted, subject to a cap.
This bill changes the annual fees that must be paid by persons who are required
to have state operation permits. Under the bill, the annual fee is generally $775. The
fee for some operation permits that contain limits to prevent a source from being
required to have a federal operation permit is $3,475.
This bill eliminates the annual fee of $300 on the operator of a stationary source
of air pollution who is not required to have an operation permit but whose stationary
source emits more than three tons of certain air pollutants in a year.
Current law requires DNR to specify a term of not more than five years for most
air pollution operation permits, but the law generally prohibits DNR from specifying
an expiration date for certain simplified permits. This bill authorizes DNR to specify
a term of more than five years, or an unlimited term, for a state operation permit,
other than a simplified permit.
Current law authorizes DNR to establish fees for inspecting nonresidential
asbestos demolition and renovation projects. The fees may not exceed $400 for
projects up to a specified size or, for larger projects, $750. This bill increases the
maximum fees to $700 and $1,325 respectively.
The bill also authorizes DNR to charge additional fees for reviewing a revised
asbestos abatement, for inspecting property to be used for a community fire safety
training project, and for inspecting property for a project for which the property
owner failed to provide a required asbestos abatement notice to DNR before the
project was initiated.
Recycling
Under current law, DNR provides financial assistance to certain governmental
units and solid waste management systems (responsible units) that have solid waste
programs that DNR determines are effective recycling programs. A solid waste
program qualifies as an effective recycling program if it meets certain requirements,
including a requirement that the occupants of certain buildings in the region
separate recyclables from postconsumer waste (the materials separation
requirement). The solid waste program must also include a system for collecting
such materials from single-family residences in the region (the collection system
requirement). Current law also authorizes DNR to grant limited variances, under
which a responsible unit is exempt from certain requirements.
This bill authorizes DNR to grant certain additional variances to a responsible
unit. The bill provides that DNR must grant a variance with regard to the materials
separation requirement, as it applies to single-family residences and buildings
containing not more than four dwelling units, if at least 80 percent of those
residences and buildings comply with the materials separation requirement. The
bill also provides that if DNR requires a solid waste management program to provide
single-family residences and buildings containing not more than four dwelling units
with at least monthly curbside collection of recyclables, DNR must grant a variance
if the responsible unit provides at least monthly curbside collection of such materials
to at least 80 percent of these residences and buildings in the region.
Under current law, DNR awards grants to responsible units to improve the
efficiency of local recycling programs. Under current law, DNR also awards grants
to public or private entities to pay a portion of the costs of innovative projects for
recycling or reducing the amount of solid waste that is generated. This bill
eliminates both types of grants.
Other environment
Current law imposes several fees, often called tipping fees, that are based on
the weight of solid waste disposed of at a landfill or other waste disposal facility.
Currently, the environmental repair tipping fee is $1.60 per ton of solid waste, other
than mining waste and certain kinds of high-volume industrial waste. This bill
increases the environmental repair tipping fee to $5 per ton.
Currently, the recycling tipping fee is $4 per ton of solid waste, other than
certain kinds of high-volume industrial waste. This bill increases the recycling
tipping fee to $5 per ton.
In addition, this bill changes the funding source for making the principal and
interest payments on bonds issued by this state for certain water pollution
abatement purposes from the general fund to the environmental fund.
Current law requires a person to pay DOT an environmental impact fee of $9
upon registering a new motor vehicle, other than a neighborhood electric vehicle, or
upon applying for a new certificate of title following the transfer of a vehicle. The fee
expires on December 31, 2009. This bill eliminates the expiration date for the
environmental impact fee.
Health and human services
Public assistance
Under current law, DHS provides relief block grant moneys to counties and
tribal governing bodies for providing health care services, as well as cash assistance,
(also known as "general relief") to persons who meet the criteria for dependency. This
bill eliminates the relief block grant program.
Under current law, DHS provides benefits under the food stamp program to
qualified aliens. This bill eliminates the provision of food stamp benefits to qualified
aliens.
Under current law, DOA provides heating assistance benefits to eligible
households. One type of eligible household is a household that is entirely composed
of persons receiving food stamps. This bill adds as an eligible household a household
that includes at least one person who is eligible for food stamps and specifies that
such an eligible household may not receive more than $1 in heating assistance
benefits per year.
Under current law, DCF may spend no more than the minimum amount
required under the federal law that provides federal Child Care Development Funds
(CCDF). DCF allocates CCDF for a number of purposes related to child care licensing
and child care programs administered by DCF. This bill eliminates the requirement
that DCF spend no more than the minimum amount required under federal law for
its child care licensing activities and child care programs.
Under current law, DCF allocates specified amounts of federal moneys,
including CCDF and moneys received under the Temporary Assistance for Needy
Families (TANF) block grant program, for various public assistance programs and
for child care-related purposes, including its day care licensing activities. The bill
modifies some of those allocations. The bill also adds an allocation for public
assistance program fraud and error reduction activities and removes an allocation
for the Milwaukee and statewide child welfare information systems.
Under current law, DHS must conduct a three-year pilot program under which
it pays premiums for coverage under the Health Insurance Risk-Sharing Plan
(HIRSP) and copayments under HIRSP for drugs eligible for reimbursement under
the AZT-reimbursement program. HIRSP is, generally, a health insurance program
administered by the HIRSP Authority that provides major medical health insurance
coverage for persons who are covered under Medicare because they are disabled,
persons who have tested positive for HIV, and persons who have been refused
coverage, or coverage at an affordable price, in the private health insurance market
because of their mental or physical health conditions. This bill makes this pilot
program permanent.
Under current law, DHS pays supplemental monthly payments for the support
of dependent children to custodial parents who are receiving federal supplemental
security income. The Wisconsin Works (W-2) program, administered by DCF,
generally provides work experience and benefits for low-income custodial parents
who are at least 18 years old. One eligibility requirement for the receipt of the state
supplemental payments or for W-2 is that the custodial parent assign to the state
any right he or she has to support from any other person. Of the support that is
assigned to the state, a portion is the state's share and a portion is the federal
government's share. Currently, all of the state's share is paid to the custodial parent,
and a portion of the federal government's share is paid to the custodial parent in
accordance with federal law.
This bill changes the amount of support collected that is paid to the custodial
parent to 75 percent of all support collected, including both the state and federal
shares. The bill also provides that, for determining eligibility for the supplemental
payments for the support of dependent children, DHS must disregard any support
that is received by or that is owed to the custodial parent. In addition, for a custodial
parent who formerly received supplemental payments for the support of dependent
children or participated in W-2 and assigned his or her right to support to the state
but who is no longer receiving those supplemental payments or participating in W-2,
the bill requires that 100 percent of the state's share and the federal government's
share of support arrears that accrued while the custodial parent was receiving those
supplemental payments or participating in W-2 and that are collected after the
custodial parent ceased receiving the payments be paid to the custodial parent.
Currently, the state administers the Emergency Food Assistance Program and
the Special Supplemental Nutrition Program for Women, Infants, and Children to
provide food and information about nutrition to low-income people. This bill
transfers the responsibilities for administering these programs and for developing
a hunger prevention plan from DCF to DHS.
Current law requires, DHS to deliver food stamp benefits by means of an
electronic benefit transfer system. This bill authorizes DHS to deliver any benefits
that DHS administers by means of an electronic benefit transfer system if DHS
obtains any necessary federal approval for using an electronic benefit transfer
system; promulgates a rule adopting an electronic benefits transfer system; and
allows county and tribal governments to opt out of the electronic benefit transfer
system if the cost to the county and tribal governments of delivering benefits
electronically is greater than delivering benefits by other means.
Wisconsin Works
Under current law, a person who meets the eligibility requirements for W-2 and
who is the custodial parent of a child who is 12 weeks old or less may receive a
monthly grant of $673 and may not be required to work in a W-2 employment
position. Current law also provides generally that receiving a monthly grant as the
custodial parent of an infant counts toward the time limits that apply to how long an
individual may receive certain benefits only if the child was born more than ten
months after the date on which the individual was first determined to be eligible for
W-2.
This bill provides that if a person who is a custodial parent was participating
in W-2 for at least three months before receiving a custodial parent grant, the person
may receive the grant until the child is 26 weeks old instead of 12 weeks old and may
not be required to work in a W-2 employment position during that time.
Additionally, the bill provides that an unmarried woman who would be eligible for
W-2 except that she is not a custodial parent and who is in the third trimester of a
pregnancy that is at risk and that renders the woman unable to participate in the
workforce may also receive a monthly grant of $673 and may not be required to work
in a W-2 employment position. The bill provides that receiving a monthly grant as
the custodial parent of an infant counts toward the time limits that apply to how long
an individual may receive certain benefits regardless of when the child was born in
relation to when the individual was first determined to be eligible for W-2, unless
the child was conceived as a result of sexual assault or incest. Receipt of a monthly
grant as an unmarried pregnant woman, however, does not count toward the time
limits.
This bill makes a number of changes to W-2, including the following:
1. Eliminating the limits on the lengths of time during which a participant may
participate in a particular type of employment position, but retaining the overall
lifetime limit for participation of 60 months.
2. Removing the specifications on the number of hours a participant in a
community service job placement or a transitional placement may be required to
engage in certain job-related activities and educational or training activities, but
retaining an overall requirement of not more than 40 hours per week.
3. Requiring DCF to specify guidelines for determining when a participant is
demonstrating a refusal to participate.
4. Providing that a W-2 participant who refuses to participate is ineligible for
W-2 for three months. Under current law, a W-2 participant who refuses to
participate three times is ineligible to participate in that employment position.
5. Eliminating the Learnfare Program, which subjected individuals who failed
to meet certain school attendance requirements to sanctions, and requiring W-2
agencies to provide information and services aimed at connecting W-2 participants,
youth, and parents with their communities, their schools, employers, workforce
development programs, child care providers, and other resources.
Currently under W-2, an individual who is the parent of a child under the age
of 13 or, if the child is disabled, under the age of 19, may receive a child care subsidy
if the individual needs child care services to participate in various educational or
work activities and satisfies other eligibility criteria. A W-2 agency determines an
individual's eligibility for a child care subsidy and then refers the individual to a
county department of social services or human services (county department) for local
administration of child care assistance, including determining the amount of the
copayment for child care that the individual must pay, providing a voucher for
payment of child care services, and assisting individuals to identify child care
providers and select appropriate child care arrangements.
This bill authorizes DCF to contract with a county department, W-2 agency,
child care resource and referral agency, or other agency to determine eligibility for
a child subsidy of individuals who reside in a particular geographic region or who are
members of a particular Indian tribal unit and to administer child care assistance
at the local level.
Current law provides that the cost to administer the program may not exceed
5 percent of the total distributed in the current year for child care services, 5 percent
of the total distributed in the previous year for child care services, or $20,000,
whichever is greatest. This bill requires the department to allocate at least $20,000
per year to each contract for administrative responsibilities for each geographic
region or Indian tribal unit.
This bill requires court-ordered child or family support received by an
applicant or recipient under the W-2 child care subsidy program to be included in
income for determining child care copayment amounts and financial eligibility for a
child care subsidy.
This bill authorizes DCF to do any of the following to reduce costs under the
W-2 child care subsidy program:
1. Increase the copayments that individuals who receive a subsidy pay by up
to 10 percent.
2. Implement a waiting list.
The bill also requires DCF to implement, effective January 1, 2010, an
attendance-based rate structure for child care provider reimbursements and to
increase copayments paid by individuals who receive a child care subsidy to reduce
costs under the child care subsidy program by $1,520,000 in fiscal year 2009-10 and
by $4,200,000 in fiscal year 2010-11.
Under current law, DCF must establish a program to investigate suspected
fraudulent activity on the part of W-2 participants, and counties and tribal
governing bodies may establish such programs. If a county or tribal governing body
establishes a program, it must pay to DCF 50 percent of the amount that it recovers
in the first month of the program's operation, 66 percent of the amount that it
recovers in the second month, and all amounts recovered after the second month.
Current law does not specify how a county or tribal governing body is to use recovered
amounts that it retains, but DCF must use recovered moneys received from a county
or tribal governing body for W-2 benefits.
This bill provides that a county human or social services department, W-2
agency, or tribal governing body that administers W-2 may establish a program to
investigate suspected fraudulent activity on the part of W-2 participants, may retain
any amounts that are recovered, and must use the recovered moneys to pay cash
benefits to W-2 participants.
Medical Assistance
BadgerCare Plus (BC+) is a Medical Assistance (MA) program, administered
by DHS, that provides health care benefits under two different plans, depending on
the basis for a recipient's eligibility, to recipients who satisfy eligibility criteria. The
first plan provides the same benefits that are provided under regular MA. The
second plan, called the Benchmark Plan, provides specified benefits, including, but
not limited to, coverage for prescription drugs; physicians' services; inpatient and
outpatient hospital services; home health services; physical, occupational, and
speech therapy; treatment for nervous and mental disorders and alcoholism and
other drug abuse problems; durable medical equipment; and transportation to
obtain emergency medical care. In addition to individuals who are eligible for the
regular MA plan or for the Benchmark Plan, any child whose family income exceeds
300 percent of the poverty level may purchase coverage under the Benchmark Plan
at the full cost of the coverage.
This bill makes a number of changes to BC+, including the following:
1. Directs DHS to provide prenatal care services under the regular MA plan for
a pregnant woman with presumptive eligibility (has not applied for benefits but
satisfies the eligibility criteria) whose income is not greater than 200 percent of the
poverty level and to provide prenatal care services under the Benchmark Plan for a
pregnant woman with presumptive eligibility whose income is greater than 200
percent but not greater than 300 percent of the poverty level.
2. Provides that any pregnant woman is eligible for BC+ benefits for any of the
three months before applying for benefits if she met the eligibility criteria during
that month. Under current law, only a pregnant woman whose family income is less
than 150 percent of the poverty level is eligible for BC+ benefits for any of the three
months before she applied for benefits.
3. Provides that only a pregnant woman with family income greater than 300
percent of the poverty level may obtain eligibility for BC+ benefits if medical
expenses reduce her family income to the applicable limit for eligibility. Current law
provides that any pregnant woman or unborn child may obtain eligibility if medical
expenses reduce income to the applicable limit for eligibility.
4. Provides that in determining financial eligibility for BC+ benefits, a person's
income is reduced by the amount of a court-ordered child or family support or
maintenance obligation, up to the amount of the person's income. Current law
reduces income by the amount the person actually pays in court-ordered child or
family support or maintenance.
5. Provides that a person who loses eligibility for BC+ benefits for six months
for failure to pay a premium retains eligibility in any month during that six-month
period when his or her family income is not more than 150 percent of the poverty
level.
6. Extends eligibility for MA coverage for 12, rather than 18, months for a
person over 18 years of age who was receiving MA when BC+ was implemented, who
lost eligibility for MA solely because of the implementation of BC+, and who does not
meet the income eligibility criteria of BC+.
7. Provides that, if approval of the state plan amendments does not allow for
federal funding for benefits for any part of an eligibility group, DHS may pay for
benefits for that part of the group.
Under current law, an individual who would be eligible for MA based on
eligibility for supplemental security income, but who is not eligible for supplemental
security income because he or she is employed, may pay premiums for coverage
under MA if his or her family's net income is less than 250 percent of the poverty level
and his or her assets do not exceed $15,000. This program is known as the MA
purchase plan. When determining the value of the individual's assets for continued
eligibility under the MA purchase plan, DHS excludes amounts in a DHS-approved
account that consists solely of savings from the individual's employment after the
individual's coverage under the MA purchase plan began. These accounts are known
as independence accounts.
Under current law, if an individual who has coverage under MA through the MA
purchase plan ceases employment, he or she is no longer eligible for the MA purchase
plan and is not eligible for MA unless his or her income and assets meets the income
and asset eligibility requirements for MA generally. This bill provides that any
moneys in an individual's independence account will be excluded from the
calculation of assets when determining the individual's eligibility for MA.
This bill authorizes DHS to provide incentive payments to DCF for identifying
children who are receiving benefits under MA and who have health insurance
coverage or access to health insurance coverage and authorizes DCF to provide this
information to DHS.
The bill creates the Wisconsin Quality Home Care Authority (WQHCA), which
is a public body corporate and politic created by state law, but which is not a state
agency. A majority of members of the WQHCA board of directors must represent the
interests of recipients of home care services. The WQHCA is subject to requirements
such as state purchasing requirements, lobbying laws, and the code of ethics for
public officials. The WQHCA is exempt from state employment requirements, and
its employees are excluded from the state retirement system. The bill requires the
WQHCA to establish and maintain a registry of providers; provide referrals to
individuals seeking home care services; determine the eligibility of providers for
placement on the registry; develop a recruitment program for providers; operate a
backup provider system with a 24-hour per day call service; conduct activities to
improve the supply and quality of home care providers; and perform other tasks.
This bill provides home care providers collective bargaining rights under state
law in a manner similar to that provided state employees under the State
Employment Labor Relations Act (SELRA). The collective bargaining unit is
structured as one statewide unit and DHS acts as the state employer.
Under current law, some MA waiver programs and other programs provide a
benefit for personal care services. This bill requires that an adult who 1) hires an
individual home care provider other than an agency, county, or independent living
center employee or a health care provider; 2) is a resident of a county that agrees to
abide by certain requirements or that offers certain programs; and 3) is a recipient
of a home care benefit through the Family Care Program, an MA waiver program,
a self-directed supports option program, an amendment to the state medical
assistance plan, or the Program of All-Inclusive Care for the Elderly, must comply
with certain requirements with regard to the hiring of the home care provider. The
requirements include hiring only a provider eligible for inclusion on a registry
maintained by the WQHCA and compensating providers in accordance with any
state collective bargaining agreement pertaining to home care providers.
This bill allows DHS to charge a fee to certify entities providing personal care
services and allows DHS to promulgate emergency rules for certification of entities
providing personal care services.
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, which is financial assistance for long-term care.
This bill makes the following changes to the Family Care Program:
1. Requires that all individuals meet the functional eligibility requirements to
be eligible for family care benefit. 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 meets other requirements.
2. Lengthens the deadline for care management organizations to provide the
family care benefit to those entitled to it from 24 months to 36 months.
3. Decreases the ratio of long-term care advocates to one for every 3,500
individuals under age 60 who receive the family care benefit.
4. Eliminates the requirement that DHS allot money for the contract to provide
advocacy services.
5. Requires that, for developmentally disabled individuals receiving the family
care benefit, the care management organization, instead of the county, pay for
services, including mental health services, covered by the Family Care Program.
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. 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 the Family Care Program, 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 based on certification standards established by DHS. In addition, DHS must
certify one- and two-bed adult family homes that were certified by a county if the
operator attests 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.
