AB40: Bill Text

AB40,623,25 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.

AB40, s. 1304 Section 1304. 46.283 (5) of the statutes is amended to read:

AB40,624,5 46.283 (5) Funding. From the appropriation accounts under s. 20.435 (4) (b), (bm), (gm), (pa), and (w) and (7) (b), (bd), and (md), the department may contract with organizations that meet standards under sub. (3) for performance of the duties under sub. (4) and shall distribute funds for services provided by resource centers.

AB40, s. 1305 Section 1305. 46.284 (5) (a) of the statutes is amended to read:

AB40,624,13 46.284 (5) (a) From the appropriation accounts under s. 20.435 (4) (b), (g), (gm), (im), (o), and (w) and (7) (b), (bd), and (g), the department shall provide funding on a capitated payment basis for the provision of services under this section. Notwithstanding s. 46.036 (3) and (5m), a care management organization that is under contract with the department may expend the funds, consistent with this section, including providing payment, on a capitated basis, to providers of services under the family care benefit.

AB40, s. 1306 Section 1306. 46.29 (3) (e) of the statutes is amended to read:

AB40,624,15 46.29 (3) (e) The secretary of commerce safety and professional services.

AB40, s. 1307 Section 1307. 46.40 (9) (d) of the statutes is amended to read:

AB40,624,23 46.40 (9) (d) Payment adjustments for certain Medical Assistance services. The department may decrease a county's allocation under sub. (2) by the amount of any payment adjustments under s. 49.45 (52) (a) made for that county from the appropriation account under s. 20.435 (7) (b) for services described under s. 49.45 (52) (a) 1. The total amount of the decrease for a county under this paragraph 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.

AB40, s. 1308 Section 1308. 46.40 (9) (e) of the statutes is created to read:

AB40,625,5 46.40 (9) (e) Adjustment for income maintenance programs. In each fiscal year, beginning in fiscal year 2012-13, the department shall decrease a county's allocation under sub. (2) from the appropriation under s. 20.435 (7) (b) by the amount that the department determines the county expended in calendar year 2009 to provide income maintenance programs, as defined in s. 49.78 (1) (b).

AB40, s. 1309 Section 1309. 46.48 (1) of the statutes is amended to read:

AB40,625,9 46.48 (1) General. From the appropriation accounts under s. 20.435 (5) (bc) and (7) (bc), the department shall award grants for community programs as provided in this section subs. (4) to (30).

AB40, s. 1310 Section 1310. 46.48 (31) of the statutes is created to read:

AB40,625,14 46.48 (31) Brighter futures initiative. From the appropriation account under s. 20.435 (5) (bc), the department shall transfer not more than $865,000 in each fiscal year to the appropriation account under s. 20.437 (1) (kb) to award grants under s. 48.545.

AB40, s. 1311 Section 1311. 46.90 (1) (gr) 3. of the statutes is amended to read:

AB40,625,17 46.90 (1) (gr) 3. The department of regulation and licensing safety and professional services.

AB40, s. 1312 Section 1312. 46.90 (5m) (br) 5. of the statutes is amended to read:

AB40,625,22 46.90 (5m) (br) 5. Refer the case to the department of regulation and licensing safety and professional services if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 460.

AB40, s. 1313 Section 1313. 46.99 (3) of the statutes is amended to read:

AB40,626,3 46.99 (3) If the waiver requested under sub. (2) is granted, counties shall provide to the department the nonfederal share of costs for medical assistance services provided under the waiver. Counties may use moneys appropriated under s. 20.435 (7) (bt) and distributed to counties under s. 51.44 (3) (a) to provide the nonfederal share of medical assistance costs.

AB40, s. 1314 Section 1314. 46.99 (3m) of the statutes is created to read:

AB40,626,7 46.99 (3m) If the waiver requested under sub. (2) is granted, counties shall provide to the department the nonfederal share of the cost incurred by an entity to administer the waiver program under this section.

AB40, s. 1315 Section 1315. 46.99 (4) of the statutes is amended to read:

AB40,626,15 46.99 (4) From the appropriation account under s. 20.435 (4) (o), the department shall may distribute to counties that provide services under this section the amount of federal moneys received by the state as the federal share of medical assistance for those services, minus the amount transferred to the appropriation account under s. 20.435 (7) (im) for the department's costs of administering this section. Counties shall use moneys distributed under this section to provide services under this section or s. 51.44.

AB40, s. 1316 Section 1316. 46.995 of the statutes is created to read:

AB40,626,21 46.995 Disabled children's long-term support program; local funding. (1) A county shall provide to the department the nonfederal share of the cost incurred by an entity to administer services provided without state funding under the disabled children's long-term support program for a child enrolled in the program after December 31, 2010.

AB40,626,24 (2) A county shall provide to the department the nonfederal share of the cost of services provided without state funding under the disabled children's long-term support program.

AB40, s. 1317 Section 1317. 47.03 (11) (a) of the statutes is amended to read:

AB40,627,9 47.03 (11) (a) The department shall provide services, including vocational training, craft instruction and a supervised business initiatives program for persons with severe disabilities who are eligible for vocational rehabilitation services. Under this subsection, the department may own, lease, manage, supervise or operate businesses for the benefit of persons with severe disabilities, including home-based employment and craft work, with the ultimate objective of enabling persons with severe disabilities to operate their own businesses. The department shall assist persons with severe disabilities who receive these services in marketing the finished products.

AB40, s. 1318 Section 1318. 47.03 (11) (c) of the statutes is repealed.

AB40, s. 1319 Section 1319. 47.03 (11) (d) of the statutes is repealed.

AB40, s. 1320 Section 1320. 47.03 (11) (e) of the statutes is repealed.

AB40, s. 1321 Section 1321. 48.345 (12) (a) 1. of the statutes is amended to read:

AB40,627,16 48.345 (12) (a) 1. A nonresidential educational program , including a program for children at risk under s. 118.153, provided by the school district in which the child resides.

AB40, s. 1322 Section 1322. 48.487 (4m) (a) 2. of the statutes is amended to read:

AB40,627,19 48.487 (4m) (a) 2. "Dropout" has the meaning given under s. 118.153 (1) (b) 115.001 (2m).

AB40, s. 1323 Section 1323. 48.545 (2) (a) (intro.) of the statutes is amended to read:

AB40,628,2 48.545 (2) (a) (intro.) From the appropriations under s. 20.437 (1) (eg), (kb), and (nL), the department shall distribute $2,097,700 in each fiscal year to applying nonprofit corporations and public agencies operating in a county having a population of 500,000 or more, $1,171,800 in each fiscal year to applying county departments under s. 46.22, 46.23, 51.42, or 51.437 operating in counties other than a county having a population of 500,000 or more, and $55,000 in each fiscal year to Diverse and Resilient, Inc. to provide programs to accomplish all of the following:

AB40, s. 1324 Section 1324. 48.563 (1) (a) of the statutes is amended to read:

AB40,628,7 48.563 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.437 (1) (b), (km), and (o), the department shall distribute funds for children and family services to county departments as provided in subs. (2), (3), and (7m) and s. 48.986.

AB40, s. 1325 Section 1325. 48.565 (2) (c) of the statutes is amended to read:

AB40,628,11 48.565 (2) (c) The department shall credit to the appropriation account under s. 20.437 (3) (mp) (kp) any moneys carried forward under par. (a), but not distributed to counties, and may expend those moneys as provided in s. 48.567.

AB40, s. 1326 Section 1326. 48.567 (1) of the statutes is amended to read:

AB40,628,19 48.567 (1) From the appropriation account under s. 20.437 (3) (mp) (kp), the department shall support costs that are exclusively related to the ongoing and recurring operational costs of augmenting the amount of moneys received under 42 USC 670 to 679a and to any other purpose provided for by the legislature by law or in budget determinations. In addition, the department may expend moneys from the those appropriation account under s. 20.437 (3) (mp) accounts as provided in subs. (1m) and (2).

AB40, s. 1327 Section 1327. 48.567 (1m) of the statutes is amended to read:

AB40,629,4 48.567 (1m) In addition to expending moneys from the appropriation account under s. 20.437 (3) (mp) (kp) for the augmentation activities specified in sub. (1), the department may expend moneys received under 42 USC 1396 to 1396v in reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under 42 USC 670 to 679a and credited to the from that appropriation account under s. 20.437 (3) (mp) to support the counties' share of implementing the statewide automated child welfare information system under s. 46.22 (1) (c) 8. f. and to provide services to children and families under s. 48.48 (17).

AB40, s. 1328 Section 1328. 48.567 (2) of the statutes is amended to read:

AB40,629,20 48.567 (2) If the department proposes to use any moneys from the appropriation account under s. 20.437 (3) (mp) (kp) for any purpose other than the purposes specified in subs. (1) and (1m), the department shall submit a plan for the proposed use of those moneys to the secretary of administration by September 1 of the fiscal year after the fiscal year in which those moneys were received. If the secretary of administration approves the plan, he or she shall submit the plan to the joint committee on finance by October 1 of the fiscal year after the fiscal year in which those moneys were received. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan only with the approval of the committee.

AB40, s. 1329 Section 1329. 48.569 (1) (am) of the statutes is amended to read:

AB40,629,24 48.569 (1) (am) The department shall reimburse each county from the appropriations under s. 20.437 (1) (b), (km), and (o) for children and family services as approved by the department under ss. 46.22 (1) (b) 2. f. and (e) 3. b.

AB40, s. 1330 Section 1330. 48.569 (1) (d) of the statutes is amended to read:

AB40,630,13 48.569 (1) (d) From the appropriations under s. 20.437 (1) (b), (km), and (o), the department shall distribute the funding for children and family services, including funding for foster care or subsidized guardianship care of a child on whose behalf aid is received under s. 48.645 to county departments as provided under s. 48.563. County matching funds are required for the distribution under s. 48.563 (2). Each county's required match for the distribution under s. 48.563 (2) shall be specified in a schedule established annually by the department. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the county that meet the requirements specified in sub. (1m). Private donations may not exceed 25 percent of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

AB40, s. 1331 Section 1331. 48.57 (3m) (am) 6. of the statutes is amended to read:

AB40,630,17 48.57 (3m) (am) 6. The child for whom the kinship care relative is providing care and maintenance is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77 49.39.

AB40, s. 1332 Section 1332. 48.57 (3n) (am) 5r. of the statutes is amended to read:

AB40,630,21 48.57 (3n) (am) 5r. The child for whom the long-term kinship care relative is providing care and maintenance is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77 49.39.

AB40, s. 1333 Section 1333. 48.67 (intro.) of the statutes is amended to read:

AB40,631,9 48.67 Rules governing child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. (intro.) The department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. The department shall consult with the department of commerce safety and professional services, the department of public instruction, and the child abuse and neglect prevention board before promulgating those rules. For foster homes, those rules shall include the rules promulgated under s. 48.62 (8). Those rules shall include rules that require all of the following:

AB40, s. 1334 Section 1334. 48.685 (2) (am) 3. of the statutes is amended to read:

AB40,631,13 48.685 (2) (am) 3. Information maintained by the department of regulation and licensing safety and professional services regarding the status of the person's credentials, if applicable.

AB40, s. 1335 Section 1335. 48.685 (2) (b) 1. c. of the statutes is amended to read:

AB40,631,17 48.685 (2) (b) 1. c. Information maintained by the department of regulation and licensing safety and professional services regarding the status of the person's credentials, if applicable.

AB40, s. 1336 Section 1336. 48.685 (4m) (a) 5. of the statutes is amended to read:

AB40,631,22 48.685 (4m) (a) 5. That, in the case of a position for which the person must be credentialed by the department of regulation and licensing safety and professional services, the person's credential is not current or is limited so as to restrict the person from providing adequate care to a client.

AB40, s. 1337 Section 1337. 48.685 (4m) (b) 5. of the statutes is amended to read:

AB40,632,2 48.685 (4m) (b) 5. That, in the case of a position for which the person must be credentialed by the department of regulation and licensing safety and professional services, the person's credential is not current or is limited so as to restrict the person from providing adequate care to a client.

AB40, s. 1338 Section 1338. 48.685 (5) (br) 5. of the statutes is amended to read:

AB40,632,12 48.685 (5) (br) 5. An offense involving fraudulent activity as a participant in the Wisconsin Works program under ss. 49.141 to 49.161, including as a recipient of a child care subsidy under s. 49.155, or as a recipient of aid to families with dependent children under s. 49.19, medical assistance under subch. IV of ch. 49, food stamps benefits under the food stamp program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, 2009 stats., or s. 49.39, payments for the support of children of supplemental security income recipients under s. 49.775, 2009 stats., or s. 49.395, or health care benefits under the Badger Care health care program under s. 49.665.

AB40, s. 1339 Section 1339 . 48.685 (5) (br) 5. of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,632,23 48.685 (5) (br) 5. An offense involving fraudulent activity as a participant in the Wisconsin Works program under ss. 49.141 to 49.161, including as a recipient of a child care subsidy under s. 49.155, or as a recipient of aid to families with dependent children under s. 49.19, medical assistance under subch. IV of ch. 49, food stamps benefits under the food stamp supplemental nutrition assistance program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, 2009 stats., or s. 49.39, payments for the support of children of supplemental security income recipients under s. 49.775, 2009 stats., or s. 49.395, or health care benefits under the Badger Care health care program under s. 49.665.

AB40, s. 1340 Section 1340. 48.78 (2) (g) of the statutes is amended to read:

AB40,633,14 48.78 (2) (g) Paragraph (a) does not prohibit an agency from disclosing information about an individual in its care or legal custody on the written request of the department of regulation and licensing safety and professional services or of any interested examining board or affiliated credentialing board in that department for use in any investigation or proceeding relating to any alleged misconduct by any person who is credentialed or who is seeking credentialing under ch. 448, 455 or 457. Unless authorized by an order of the court, the department of regulation and licensing safety and professional services and any examining board or affiliated credentialing board in that department shall keep confidential any information obtained under this paragraph and may not disclose the name of or any other identifying information about the individual who is the subject of the information disclosed, except to the extent that redisclosure of that information is necessary for the conduct of the investigation or proceeding for which that information was obtained.

AB40, s. 1341 Section 1341. 48.84 (1) of the statutes is amended to read:

AB40,634,4 48.84 (1) Before a child may be placed under s. 48.833 for adoption by a proposed adoptive parent who has not previously adopted a child, before a proposed adoptive parent who has not previously adopted a child may petition for placement of a child for adoption under s. 48.837, and before a proposed adoptive parent who has not previously adopted a child may bring a child into this state for adoption under s. 48.839, the proposed adoptive parent shall complete the preadoption preparation required under this section. The preparation shall be provided by a licensed child welfare agency, a licensed private adoption agency, the state adoption information exchange under s. 48.55, the state adoption center under s. 48.55, a state-funded foster care and adoption resource center, a state-funded postadoption resource center, a technical college district school, the University of Wisconsin-Madison, or an institution or college campus within the University of Wisconsin System. If the proposed adoptive parent does not reside in this state, he or she may meet this requirement by obtaining equivalent preparation in his or her state of residence.

AB40, s. 1342 Section 1342. 48.981 (3m) (b) (intro.) of the statutes is amended to read:

AB40,634,19 48.981 (3m) (b) (intro.) The department shall establish a pilot program under which an agency in a county having a population of 500,000 or more or a county department that is selected to participate in the pilot program may employ alternative responses to a report of abuse or neglect or of threatened abuse or neglect. The department shall select an agency in a county having a population of 500,000 or more and not more than 4 agencies and county departments to participate in the pilot program in accordance with the department's request-for-proposal procedures and according to criteria developed by the department. Those criteria shall include an assessment of the plan of an agency or county department for involving the community in providing services for a family that is participating in the pilot program and a determination of whether an agency or a county department has an agreement with local law enforcement agencies and the representative of the public under s. 48.09 to ensure interagency cooperation in implementing the pilot program. To implement the pilot program, the department shall provide all of the following:

AB40, s. 1343 Section 1343. 49.131 (3) of the statutes is amended to read:

AB40,635,2 49.131 (3) The Except as provided in s. 49.377 (2), the department may not require a county or tribal governing body to participate in an electronic benefit transfer system under this section if the costs to the county or tribal governing body would be greater than the costs that the county or tribal governing body would incur in delivering the benefits through a system that is not an electronic benefit transfer system.

AB40, s. 1344 Section 1344. 49.141 (7) (c) 3. of the statutes is amended to read:

AB40,635,7 49.141 (7) (c) 3. Fraudulently misstating or misrepresenting his or her identity or place of residence for the purpose of receiving simultaneously in this state and at least one other state benefits under the federal food stamp supplemental nutrition assistance program under 7 USC 2011 to 2029 2036.

AB40, s. 1345 Section 1345. 49.143 (2) (d) of the statutes is amended to read:

AB40,635,14 49.143 (2) (d) If the Wisconsin works Works agency is not a county department under s. 46.215, 46.22 or 46.23 or tribal governing body, cooperate with the county department or tribal governing body to ensure that services delivered under Wisconsin works Works, the food stamp supplemental nutrition assistance program and medical assistance are coordinated with the county or tribal governing body in a manner that most effectively serves the recipients of those services.

AB40, s. 1346 Section 1346. 49.143 (2r) of the statutes is amended to read:

AB40,635,21 49.143 (2r) Job programs. A Wisconsin Works agency shall collaborate with the local workforce development board to connect individuals seeking employment with employment opportunities, including the trial job program under s. 49.147 (3) and, if operating in the geographical area in which the Wisconsin Works agency administers Wisconsin Works, the transitional jobs demonstration project under s. 49.162.

AB40, s. 1347 Section 1347. 49.145 (2) (i) of the statutes is amended to read:

AB40,636,8 49.145 (2) (i) The individual is not receiving supplemental security income under 42 USC 1381 to 1383c or state supplemental payments under s. 49.77 49.39 and, if the individual is a dependent child, the custodial parent of the individual does not receive a payment on behalf of the individual under s. 49.775 49.395. The department may require an individual who receives benefits under s. 49.148 and who has applied for supplemental security income under 42 USC 1381 to 1383c to authorize the federal social security administration to reimburse the department for the benefits paid to the individual under s. 49.148 during the period that the individual was entitled to supplemental security income benefits to the extent that retroactive supplemental security income benefits are made available to the individual.

AB40, s. 1348 Section 1348. 49.147 (3) (c) of the statutes is created to read: