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2011 - 2012 LEGISLATURE
January 17, 2012 - Introduced by Senators Moulton, Vukmir, Carpenter,
Harsdorf, Erpenbach, Jauch, Wanggaard, Risser
and C. Larson, cosponsored
by Representatives Kaufert, Kestell, Van Roy, Brooks, Doyle, A. Ott,
Ziegelbauer, Bernier, Richards, Steinbrink, Ripp, Tranel, Molepske Jr,
Grigsby, Stone, Endsley, Wynn, Fields, Staskunas, Jorgensen, Pasch,
Sinicki, Petryk, Danou
and Spanbauer. Referred to Committee on Public
Health, Human Services, and Revenue.
SB380,1,7 1An Act to affect 2011 Wisconsin Act 32, section 9121 (1g) (title), (b) and (c), 2011
2Wisconsin Act 32
, section 9121 (1g) (a) 4., 6. and 7., 2011 Wisconsin Act 32,
3section 9121 (1g) (a) (intro.), 1. to 3. and 5. and 8., 2011 Wisconsin Act 32, section
49121 (2g), 2011 Wisconsin Act 32, section 9121 (3g), 2011 Wisconsin Act 32,
5section 9121 (3g) (bm) (title) and 2011 Wisconsin Act 32, section 9121 (5);
6relating to: removing cap on enrollment of Family Care and other long-term
7care programs.
Analysis by the Legislative Reference Bureau
Under current law, Family Care, Family Care Partnership, the Program of
All-Inclusive Care for the Elderly (PACE), and the self-directed services option
known as IRIS (collectively known as long-term care programs) provide
community-based, long-term care services to individuals who meet certain
functional and financial criteria and who are either frail elders or adults with
physical or developmental disabilities. In a county where a long-term care program
is available, the 2011-2013 biennial budget act (2011 Wisconsin Act 32) caps the
enrollment in long-term care programs until June 30, 2013, for a resource center
service area at the number of individuals enrolled in those programs in that service
area on June 30, 2011, with exceptions for certain individuals relocating from an
institutional facility. This bill removes the cap on enrollment in long-term care
programs.

Family Care currently is not available in all counties. The 2011-2013 biennial
budget act prohibits the Department of Health Services (DHS) from contracting with
entities to administer Family Care in a county that does not administer Family Care
as of July 1, 2011, unless DHS determines that administering Family Care in that
county would be more cost-effective than the current long-term care service delivery
mechanism. This bill eliminates the prohibition on expansion of Family Care.
The 2011-2013 biennial budget act allocates moneys for DHS to provide
services and support items offered through Family Care to individuals who are on
a waiting list for a long-term care program and who are in urgent need of long-term
care services, as determined by DHS. This bill eliminates that funding allocation.
Currently, as required by the 2011-2013 biennial budget act, DHS must study
various aspects of the cost-effectiveness of the long-term care programs. This bill
does not alter that requirement.
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:
SB380, s. 1 1Section 1. 2011 Wisconsin Act 32, section 9121 (1g) (title), (b) and (c) are
2repealed.
SB380, s. 2 3Section 2. 2011 Wisconsin Act 32, section 9121 (1g) (a) 4., 6. and 7. are
4repealed.
SB380, s. 3 5Section 3. 2011 Wisconsin Act 32, section 9121 (1g) (a) (intro.), 1. to 3. and 5.
6and 8. are renumbered 2011 Wisconsin Act 32, section 9121 (3g) (am) (intro.) and 1.
7to 5., and 2011 Wisconsin Act 32, section 9121 (3g) (am) (intro.) and 4. (intro.), as
8renumbered, are amended to read:
SB380,2,109[2011 Wisconsin Act 32] Section 9121 (3g) (am) Definitions. (intro.) In this
10subsection and subsections (2g) and (3g):
SB380,2,1311 4. (intro.) "Long-term care program" means any of the following that are
12available in a county on June 30, 2011, or the effective date of this subdivision,
13whichever is later
:
SB380, s. 4 14Section 4. 2011 Wisconsin Act 32, section 9121 (2g) is repealed.
SB380, s. 6 3Section 6. 2011 Wisconsin Act 32, section 9121 (3g) (bm) (title) is created to
4read:
SB380,3,55[2011 Wisconsin Act 32] Section 9121 (3g) (bm) (title) Study.
SB380, s. 7 6Section 7. 2011 Wisconsin Act 32, section 9121 (5) is repealed.
SB380,3,77 (End)
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