AB40: Bill Text

AB40,486,3 46.215 (1) Creation; powers and duties. (intro.) In Except as provided in ss. 49.155 (3g), 49.78 (1r), 49.825, and 49.826, in a county with a population of 500,000 750,000 or more the administration of welfare services, other than child welfare services administered by the department of children and families under s. 48.48 (17) administered by the department and except as provided in ss. 49.155 (3g), 49.78 (1r), 49.825, and 49.826, is vested in a county department of social services under the jurisdiction of the county board of supervisors under s. 46.21 (2m) (b) 1. a. Any reference in any law to a county department of social services under this section applies to a county department under s. 46.21 (2m) in its administration under s. 46.21 (2m) of the powers and duties of the county department of social services. Except as provided in ss. 49.155 (3g), 49.78 (1r), 49.825, and 49.826, the county department of social services shall have the following functions, duties, and powers, and such other welfare functions as may be delegated to it:

AB40,821 Section 821. 46.27 (7g) (a) 1m. of the statutes is created to read:

AB40,486,6 46.27 (7g) (a) 1m. "Decedent" means a deceased client or a deceased nonclient surviving spouse, whichever is applicable.

AB40,822 Section 822. 46.27 (7g) (a) 4. of the statutes is created to read:

AB40,486,10 46.27 (7g) (a) 4. "Nonclient surviving spouse" means any person who was married to a client while the client was receiving services for which the cost may be recovered under par. (c) 1. and who survived the client.

AB40,823 Section 823. 46.27 (7g) (a) 5. of the statutes is created to read:

AB40,486,16 46.27 (7g) (a) 5. a. "Property of a decedent" means all real and personal property to which the client held any legal title or in which the client had any legal interest immediately before death, to the extent of that title or interest, including assets transferred to a survivor, heir, or assignee through joint tenancy, tenancy in common, survivorship, life estate, living trust, or any other arrangement.

AB40,486,23 b. Notwithstanding subd. 5. a., "property of a decedent" includes all real and personal property in which the nonclient surviving spouse had an ownership interest at the client's death and in which the client had a marital property interest with that nonclient surviving spouse at any time within 5 years before the client applied for long-term community support services funded under sub. (7) or during the time that the client was eligible for long-term community support services funded under sub. (7).

AB40,824 Section 824. 46.27 (7g) (c) 1. of the statutes is amended to read:

AB40,487,5 46.27 (7g) (c) 1. Except as provided in subd. 4., the department shall file a claim against the estate of a client or, and against the estate of the a nonclient surviving spouse of a client, for the amount of long-term community support services funded under sub. (7) paid on behalf of the client after the client attained 55 years of age, unless already recovered by the department under this subsection.

AB40,825 Section 825. 46.27 (7g) (c) 2m. of the statutes is created to read:

AB40,487,9 46.27 (7g) (c) 2m. a. Property that is subject to the department's claim under subd. 1. in the estate of a client or in the estate of a nonclient surviving spouse is all property of a decedent that is included in the estate.

AB40,487,13 b. There is a presumption, which may be rebutted by clear and convincing evidence, that all property in the estate of the nonclient surviving spouse was marital property held with the client and that 100 percent of the property in the estate of the nonclient surviving spouse is subject to the department's claim under subd. 1.

AB40,826 Section 826. 46.27 (7g) (c) 3. (intro.) of the statutes is amended to read:

AB40,487,18 46.27 (7g) (c) 3. (intro.) The court shall reduce the amount of a claim under subd. 1. by up to the amount specified in s. 861.33 (2) if necessary to allow the client's decedent's heirs or the beneficiaries of the client's decedent's will to retain the following personal property:

AB40,827 Section 827. 46.27 (7g) (c) 5. a. of the statutes is amended to read:

AB40,488,2 46.27 (7g) (c) 5. a. If the department's claim is not allowable because of subd. 4. and the estate includes an interest in real property, including a home, the court exercising probate jurisdiction shall, in the final judgment or summary findings and order, assign the interest in the home real property subject to a lien in favor of the department for the amount described in subd. 1. The personal representative or petitioner for summary settlement or summary assignment of the estate shall record the final judgment as provided in s. 863.29, 867.01 (3) (h), or 867.02 (2) (h).

AB40,828 Section 828. 46.27 (7g) (c) 5. b. of the statutes is amended to read:

AB40,488,10 46.27 (7g) (c) 5. b. If the department's claim is not allowable because of subd. 4., the estate includes an interest in real property, including a home, and the personal representative closes the estate by sworn statement under s. 865.16, the personal representative shall stipulate in the statement that the home real property is assigned subject to a lien in favor of the department for the amount described in subd. 1. The personal representative shall record the statement in the same manner as described in s. 863.29, as if the statement were a final judgment.

AB40,829 Section 829. 46.27 (7g) (c) 6. (intro.) of the statutes is amended to read:

AB40,488,13 46.27 (7g) (c) 6. (intro.) The department may not enforce the a lien under subd. 5. as long as any of the following survive the decedent:

AB40,830 Section 830. 46.27 (7g) (c) 6m. of the statutes is created to read:

AB40,488,16 46.27 (7g) (c) 6m. All of the following apply to a lien under subd. 5. that the department may not enforce because of subd. 6.:

AB40,488,19 a. If the decedent's surviving spouse or child who is under age 21 or disabled refinances a mortgage on the real property, the lien is subordinate to the new encumbrance.

AB40,488,21 b. The department shall release the lien in the circumstances described in s. 49.848 (5) (f).

AB40,831 Section 831. 46.27 (7g) (g) of the statutes is amended to read:

AB40,489,3 46.27 (7g) (g) The department shall promulgate rules establishing standards for determining whether the application of this subsection would work an undue hardship in individual cases. If the department determines that the application of this subsection would work an undue hardship in a particular case, the department shall waive application of this subsection in that case. This paragraph does not apply with respect to claims against the estates of nonclient surviving spouses.

AB40,832 Section 832. 46.286 (1m) of the statutes is created to read:

AB40,489,11 46.286 (1m) Income and assets excluded. For purposes of determining a person's financial eligibility under sub. (1) (b) and cost-sharing requirements under sub. (2), to the extent approved by the federal government, the department or its designee shall exclude any assets accumulated in an independence account, as defined in s. 49.472 (1) (c), and any income or assets from retirement benefits earned or accumulated from employment income or employer contributions while the person was employed and eligible for and receiving medical assistance under s. 49.472.

AB40,833 Section 833. 46.286 (7) of the statutes is amended to read:

AB40,489,17 46.286 (7) Recovery of family care benefit payments; rules. The department shall promulgate rules relating apply to the recovery from persons who receive the family care benefit, including by liens and affidavits and from estates, of correctly and incorrectly paid family care benefits, that are substantially similar to the applicable provisions under ss. 49.496 and 49.497, 49.848, and 49.849.

AB40,834 Section 834. 46.287 (2) (a) 1. k. of the statutes is amended to read:

AB40,489,20 46.287 (2) (a) 1. k. Recovery of family care benefit payments under s. 46.286 (7).

AB40,835 Section 835. 46.48 (30) (a) of the statutes is amended to read:

AB40,490,5 46.48 (30) Substance abuse treatment grants. (a) From the appropriation account under s. 20.435 (7) (5) (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).

AB40,836 Section 836. 46.48 (31) of the statutes is created to read:

AB40,490,10 46.48 (31) Peer run respite centers. The department may distribute not more than $1,200,000 in each fiscal year, beginning in fiscal year 2014-15, to regional peer run respite centers for individuals with mental health and substance abuse concerns.

AB40,837 Section 837. 46.52 of the statutes is amended to read:

AB40,490,17 46.52 Systems change grants. From the appropriation under s. 20.435 (7) (5) (md), the department shall distribute funds to each grant recipient under this section so as to permit initial phasing in of recovery-oriented system changes, prevention and early intervention strategies, and consumer and family involvement for individuals with mental illness. At least 10% of the funds distributed shall be for children with mental illness.

AB40,838 Section 838. 46.53 of the statutes is amended to read:

AB40,490,24 46.53 Mental health treatment provider training. From the appropriation under s. 20.435 (7) (5) (md), the department may not distribute more than $182,000 in each fiscal year to provide training for mental health treatment professionals on new mental health treatment approaches in working with special populations, including seriously mentally ill individuals and children with serious emotional disturbances, and on the use of new mental health treatment medications.

AB40,839 Section 839. 46.54 of the statutes is amended to read:

AB40,491,6 46.54 Consumer and family self-help and peer-support programs. From the appropriation under s. 20.435 (7) (5) (md), the department shall distribute $874,000 in each fiscal year to increase support for mental health family support projects, employment projects operated by consumers of mental health services, mental health crisis intervention and drop-in projects, and public mental health information activities.

AB40,840 Section 840. 46.55 (3m) of the statutes is amended to read:

AB40,491,10 46.55 (3m) Within the limits of available funding under s. 20.435 (7) (5) (mb), the department shall award grants under this section in a total amount for all grants of not more than $250,000 in each fiscal year.

AB40,841 Section 841. 46.56 (1) (hm) of the statutes is created to read:

AB40,491,13 46.56 (1) (hm) "Multi-entity initiative" means an initiative including more than one county or tribe that is established under sub. (2) (b).

AB40,842 Section 842. 46.56 (2) of the statutes is renumbered 46.56 (2) (a) and amended to read:

AB40,491,21 46.56 (2) (a) If Except as provided in par. (b), if a county board of supervisors establishes an initiative under s. 59.53 (7) or if a tribe establishes an initiative, the county board or tribe shall appoint a coordinating committee and designate an administering agency. The initiative may be funded by the county or tribe or the county board of supervisors or tribe may apply for funding by the state in accordance with sub. (15).

AB40,843 Section 843. 46.56 (2) (b) of the statutes is created to read:

AB40,492,6 46.56 (2) (b) A county may enter into an agreement with one or more other counties or tribes to establish an initiative and a tribe may enter into an agreement with one or more counties or tribes to establish an initiative. The parties to the agreement shall designate in the agreement a single lead administrative county or lead administrative tribe. The county board of the lead administrative county or the lead administrative tribe shall appoint a coordinating committee and designate an administering agency. The initiative may be funded by the participating entities, or the county board of supervisors of the lead administrative county or the lead administrative tribe may apply for funding by the state in accordance with sub. (15).

AB40,844 Section 844. 46.56 (3) (bm) of the statutes is created to read:

AB40,492,12 46.56 (3) (bm) 1. The coordinating committee of a multi-entity initiative shall include representatives described under par. (a) 1. to 7. who are from any county or tribe included in the multi-entity initiative, except that, of the representatives described under par. (a) 1. to 7., the committee shall include at least one representative from each county or tribe included in the initiative.

AB40,492,15 2. For purposes of a coordinating committee appointed for a multi-entity initiative, a representative under par. (b) 1., 2., 4., 5., 6., 7., and 11. may be from any county or tribe included in the multi-entity initiative.

AB40,845 Section 845. 46.56 (3) (d) 6. of the statutes is amended to read:

AB40,492,19 46.56 (3) (d) 6. If a county or tribe or a multi-entity initiative applies for funding under sub. (15), assist the administering agency in developing the application required under sub. (15) (b).

AB40,846 Section 846. 46.56 (3) (d) 14. of the statutes is amended to read:

AB40,492,24 46.56 (3) (d) 14. Establish target groups of children who are involved in 2 or more systems of care and their families to be served by the initiative. For a county or tribe or a multi-entity initiative that applies for funding under sub. (15), severely emotionally disturbed children are required to be a priority target group.

AB40,847 Section 847. 46.56 (3) (f) of the statutes is created to read:

AB40,493,3 46.56 (3) (f) This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40,848 Section 848. 46.56 (4) (intro.) of the statutes is amended to read:

AB40,493,8 46.56 (4) Role of administering agency. (intro.) The Except when otherwise provided in requirements established by the department under sub. (14) (e) that apply with respect to multi-entity initiatives, the administering agency designated under sub. (2) shall do all of the following:

AB40,849 Section 849. 46.56 (4) (d) of the statutes is amended to read:

AB40,493,12 46.56 (4) (d) If the county board of supervisors or tribe or a multi-entity initiative decides to seek state funding under sub. (15), develop the application in cooperation with the coordinating committee.

AB40,850 Section 850. 46.56 (5) (intro.) of the statutes is amended to read:

AB40,493,17 46.56 (5) Interagency agreement. (intro.) An Except when otherwise provided in requirements established by the department under sub. (14) (e) that apply with respect to multi-entity initiatives, an interagency agreement shall include all of the following:

AB40,851 Section 851. 46.56 (6) (cr) of the statutes is renumbered 46.56 (6) (cr) 1. and amended to read:

AB40,493,22 46.56 (6) (cr) 1. Every Except as provided in subd. 2., every county and tribe that operates any initiative shall develop written policies and procedures specifying the selection process for the initiative coordinator.

AB40,852 Section 852. 46.56 (6) (cr) 2. of the statutes is created to read:

AB40,494,3 46.56 (6) (cr) 2. For a multi-entity initiative, the lead administrative county or the lead administrative tribe shall develop the written policies and procedures under subd. 1. specifying the selection process for the initiative coordinator.

AB40,853 Section 853. 46.56 (6) (e) of the statutes is created to read:

AB40,494,7 46.56 (6) (e) This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40,854 Section 854. 46.56 (7) (intro.) of the statutes is amended to read:

AB40,494,17 46.56 (7) Eligibility of children and families. (intro.) Children Except when otherwise provided in requirements established by the department under sub. (14) (e) that apply with respect to multi-entity initiatives, children who are involved in 2 of or more systems of care and their families shall be eligible for the initiative, except that the coordinating committee may establish specific additional criteria for eligibility for services and may establish certain target groups of children who are involved in 2 or more systems of care to receive services. If target groups are established, only children falling within the target groups may be enrolled in the initiative. Any eligibility criteria shall meet all of the following conditions:

AB40,855 Section 855. 46.56 (8) (t) of the statutes is created to read:

AB40,494,21 46.56 (8) (t) This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40,856 Section 856. 46.56 (9) to (13) of the statutes are amended to read:

AB40,495,5 46.56 (9) Immediate care. Individual county departments, tribal agencies, other agencies, and other service providers shall provide immediate services and other resources as necessary and appropriate to children who are involved in 2 or more systems of care and their families who have been referred for an evaluation of eligibility for and appropriateness of enrollment in the initiative while assessment and planning take place. This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40,495,12 (10) Relation to other support programs. In any county or for a tribe that has a family support program under s. 46.985 or other support programs, including comprehensive community services or office of justice assistance department of justice or department of corrections programs, the initiative shall coordinate its activities with the support programs. This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40,495,20 (11) Conflict management. The department, administering agency, service coordination agencies, and service coordinators shall establish and use informal means for conflict management, including consultation, mediation, and independent assessment, whenever possible. A formal conflict management policy shall be established in writing by the coordinating committee for use by families, providers, and other individuals involved in the initiative. This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40,496,5 (12) Administrative appeals. Decisions by the service coordination agency regarding eligibility, enrollment, denial, termination, reduction, or appropriateness of services and decisions by the individuals designated by the coordinating committee regarding eligibility, enrollment, or denial may be appealed to the coordinating committee by a child who is a service applicant or recipient or by the parent or guardian or guardian ad litem of the applicant or recipient. Decisions of the coordinating committee may be appealed to the department under ch. 227. This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40,496,12 (13) Review of actions by individual agencies. Nothing in this section shall limit, modify, or expand the rights, remedies, or procedures established in federal statutes or regulations or state statutes or rules for individuals or families receiving services provided by individual organizations that are participating in the coordinated services plan of care. This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40,857 Section 857. 46.56 (14) (b) (intro.) of the statutes is amended to read:

AB40,496,16 46.56 (14) (b) (intro.) The department shall provide, either directly or through purchase of services, the following support services to the counties and tribes that elect to participate in the initiative and to multi-entity initiatives:

AB40,858 Section 858. 46.56 (14) (d) of the statutes is amended to read:

AB40,496,25 46.56 (14) (d) Notwithstanding eligibility requirements for enrollment in the initiative, if the state is funding the initiative in a particular county or for a tribe or is funding a multi-entity initiative under sub. (15), the department may permit the county or, tribe, or multi-entity initiative to serve under this section any individual who has a severe disability and who has not attained 22 years of age, and his or her family, if the individual's mental, physical, sensory, behavioral, emotional, or developmental disability or whose combination of multiple disabilities meets the requirements specified in sub. (1) (om) 1. to 4.

AB40,859 Section 859. 46.56 (14) (e) of the statutes is created to read:

AB40,497,4 46.56 (14) (e) The department may establish additional requirements to apply with respect to multi-entity initiatives, including requirements that conflict with any requirements in subs. (3) to (13).