55,1471
Section
1471. 46.03 (20) (a) of the statutes is amended to read:
46.03 (20) (a) Except for payments provided under ch. 48 or subch. III of ch. 49, the The department may make payments directly to recipients of public assistance or to such persons authorized to receive such those payments in accordance with law and rules of the department on behalf of the counties. Except for payments provided under ch. 48 or subch. III of ch. 49, the The department may charge the counties for the cost of operating public assistance systems which that make such those payments.
55,1471nb
Section 1471nb. 46.036 (3) (a) of the statutes is amended to read:
46.036 (3) (a) Purchase of service contracts Contracts under this section shall be written in accordance with rules promulgated and procedures established by the department. Contracts for client services shall show the total dollar amount to be purchased and; shall show for each service the number of clients to be served, number of client service units, the unit rate per client service, and the total dollar amount for each service; shall permit the provider of a rate-based service to generate a surplus of revenue earned under the contract over allowable costs incurred in the contract period; and shall permit a nonprofit corporation that is a provider of a rate-based service or a rate-regulated service to retain from that surplus the amounts specified in sub. (5m) (b), (c), (d), or (em), whichever is applicable. Nothing in this paragraph shall be construed to guarantee the generation of a surplus by a provider of a rate-based service.
55,1471nc
Section 1471nc. 46.036 (3) (c) of the statutes is amended to read:
46.036 (3) (c) For proprietary agencies, contracts may include a percentage add-on for profit according to rules promulgated by the department. In calculating profits generated by a rate-regulated service, a proprietary agency may combine revenues in the same manner that a nonprofit corporation is permitted to combine revenues under sub. (5m) (c) 1. and may offset surpluses generated by affiliated providers against deficits generated by such providers in the same manner that a nonprofit corporation is permitted to offset surpluses against deficits under sub. (5m) (c) 2. In calculating profits generated by a rate-based service, a proprietary agency that is a successor provider following a merger, acquisition, consolidation, reorganization, sale, or other transfer may offset surpluses generated by a preexisting provider against deficits generated by such a provider in the same manner that a nonprofit corporation is permitted to offset surpluses against deficits under sub. (5m) (d).
55,1471ne
Section 1471ne. 46.036 (5m) (a) 1. of the statutes is renumbered 46.036 (5m) (a) 1r.
55,1471nf
Section 1471nf. 46.036 (5m) (a) 1d. of the statutes is created to read:
46.036 (5m) (a) 1d. "Affiliated provider" means a provider that has control of, is subject to the control of, or is under common control with another provider.
55,1471ng
Section 1471ng. 46.036 (5m) (a) 1g. of the statutes is created to read:
46.036 (5m) (a) 1g. "Combined revenues" means the aggregate revenues received by a provider from all purchasers of all rate-regulated services provided by the provider.
55,1471nh
Section 1471nh. 46.036 (5m) (a) 1j. of the statutes is created to read:
46.036 (5m) (a) 1j. "Control" means the possession of the power, directly or indirectly, to direct or cause the direction of the management and policies of a provider through the ownership of more than 50 percent of the voting rights of the provider, by contract, or otherwise.
55,1471nj
Section 1471nj. 46.036 (5m) (a) 2. of the statutes is amended to read:
46.036 (5m) (a) 2. "Rate-based service" means a service or a group of similar services, as determined by the department, provided under one or more contracts between a provider and the purchaser of those services that is reimbursed through a prospectively set rate and that is distinguishable from other services or groups of similar services by the purpose for which funds are provided for that service or group of similar services and by the source of funding for that service or group of similar services.
55,1471nk
Section 1471nk. 46.036 (5m) (a) 3. of the statutes is created to read:
46.036 (5m) (a) 3. "Rate-regulated service" means a rate-based service that is reimbursed through a rate established under s. 49.343.
55,1471nn
Section 1471nn. 46.036 (5m) (b) 1. and 2. of the statutes are consolidated, renumbered 46.036 (5m) (b) and amended to read:
46.036
(5m) (b) Subject to
subd. 2. and pars.
(c), (d), (e)
, and (em), if revenue under a contract for the provision of a rate-based service exceeds allowable costs incurred in the contract period, the provider
may shall be permitted to retain
from the any surplus generated by that rate-based service
up to 5% of the revenue received under the contract. A provider that retains a surplus under this subdivision shall as provided in this paragraph and to use that retained
surplus to cover a deficit between revenue and allowable costs incurred in any preceding or future contract period for the same rate-based service that generated the surplus or to address the programmatic needs of clients served by the same rate-based service that generated the surplus. 2. amount, in the sole discretion of the provider, to cover any allowable costs specified in 2 CFR Part 200 or in any other applicable federal law or regulation. If on December 31 of any year the amount accumulated by a provider from all contract periods ending during that year for a rate-based service exceeds 5 percent of the total revenue received from all of those contract periods, the provider shall provide written notice of that excess to all purchasers of that rate-based service and, upon the written request of such a purchaser received no later than 6 months after the date of the notice, shall return to the purchaser the purchaser's proportional share of that excess. Subject to pars.
(c), (d), (e)
, and (em), a provider may accumulate funds from more than one contract period under this paragraph
, except that, if at the end of a contract period the amount accumulated from all contract periods for a rate-based service exceeds 10% of the revenue received under all current contracts for that rate-based service, the provider shall, at the request of a purchaser, return to that purchaser the purchaser's proportional share of that excess and use any of that excess that is not returned to a purchaser to reduce the provider's unit rate per client for that rate-based service in the next contract period. If a provider has held for 4 consecutive contract periods an accumulated reserve for a rate-based service that is equal to or exceeds 10% of the revenue received under all current contracts for that rate-based service, the provider shall apply 50% of that accumulated amount to reducing its unit rate per client for that rate-based service in the next contract period. A contract for a rate-based service may not limit the provider to retaining from any surplus generated by that service an amount that is less than 5 percent of the revenue received under the contract. Nothing in this paragraph shall be construed to guarantee the generation of a surplus by the provider of a rate-based service.
55,1471np
Section 1471np. 46.036 (5m) (c) of the statutes is created to read:
46.036
(5m) (c) 1. Subject to subd. 2. and par. (e), if on December 31 of any year the combined revenues from all contract periods ending during that year for all rate-regulated services exceed the allowable costs related to the provision of those rate-regulated services in that year, the provider shall be permitted to retain any surplus generated by those rate-regulated services as provided in this subdivision and to use that retained amount, in the sole discretion of the provider, to cover any allowable costs specified in
2 CFR Part 200 or in any other applicable federal law or regulation. If on December 31 of any year the amount accumulated by a provider from all contract periods ending during that year for a rate-regulated service provided under those contracts in that year exceeds 5 percent of the total revenue received from all of those contract periods, the provider shall provide written notice of that excess to all purchasers of that rate-regulated service and, upon the written request of such a purchaser received no later than 6 months after the date of the notice, shall return to the purchaser the purchaser's proportional share of that excess. A contract for a rate-regulated service may not limit the provider to retaining from any surplus generated by that service an amount that is less than 5 percent of the revenue received under the contract. Nothing in this subdivision shall be construed to guarantee the generation of a surplus by a provider of a rate-regulated service.
2. In calculating under subd. 1. the surplus generated by 2 or more affiliated providers, any surplus of combined revenues over allowable costs generated by one or more of those affiliated providers shall be reduced, but not below zero, by any deficit between combined revenues and allowable costs generated by any one or more of those affiliated providers. If after that reduction there remains any net surplus, that net surplus shall be allocated among the affiliated providers that generated a surplus in proportion to the amount of surplus generated by each such affiliated provider and subd. 1. shall apply to each such affiliated provider's proportionate share of that surplus.
55,1471nq
Section 1471nq. 46.036 (5m) (d) of the statutes is created to read:
46.036 (5m) (d) In making the calculations under par. (b), if 2 or more providers engage in a merger, acquisition, consolidation, reorganization, sale, or other transfer resulting in a single successor provider, all surpluses generated by a rate-based service provided by a preexisting provider shall be offset against all deficits generated by that service provided by a preexisting provider and those net surpluses or deficits shall be the surpluses or deficits of the successor provider.
55,1471nr
Section 1471nr. 46.036 (5m) (e) of the statutes is amended to read:
46.036 (5m) (e) Notwithstanding par. (b) 1. and 2., the department or a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 that purchases care and services from an inpatient alcohol and other drug abuse treatment program that is not affiliated with a hospital and that is licensed as a community-based residential facility, may allocate to the program an amount that is equal to the amount of revenues received by the program that are in excess of the allowable costs incurred in the period of a contract between the program and the department or the county department for purchase of care and services under this section. The department or the county department may make the allocation under this paragraph only if the funds so allocated do not reduce any amount of unencumbered state aid to the department or the county department that otherwise would lapse to the general fund.
55,1471ns
Section 1471ns. 46.036 (5m) (em) of the statutes is amended to read:
46.036
(5m) (em) Notwithstanding pars. (b)
1. and 2. and (e), a county department under s. 46.215, 51.42, or 51.437 providing client services in a county having a population of 500,000 or more or a nonstock, nonprofit corporation providing client services in such a county may not retain a surplus
under par. (b) 1., or accumulate funds under par. (b)
2., or allocate an amount under par. (e) from revenues that are used to meet the maintenance-of-effort requirement under the federal temporary assistance for needy families program under
42 USC 601 to
619.
55,1472
Section
1472. 46.057 (2) of the statutes is amended to read:
46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $1,365,500 in each fiscal year and, from the appropriation account under s. 20.410 (3) (hm), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $2,707,100 $2,929,200 in fiscal year 2013-14 2015-16 and $2,772,800 $2,997,600 in fiscal year 2014-15 2016-17, for services for juveniles placed at the Mendota juvenile treatment center. The department of health services may charge the department of corrections not more than the actual cost of providing those services.
55,1473
Section
1473. 46.10 (14) (e) 1. of the statutes is amended to read:
46.10 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m) (a) or 48.363 (2) for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, income continuation insurance benefits under s. 40.62, duty disability benefits under s. 40.65, benefits under ch. 102 or 108 and other money due or to be due in the future to the county department under s. 46.22 or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.
55,1474
Section
1474. 46.206 (1) (a) of the statutes is amended to read:
46.206 (1) (a) The department shall supervise the administration of social services, except as
for social services provided under ch. 48 and subch. III of ch. 49 and except for, community-based juvenile delinquency-related services, and juvenile correctional services. The department shall submit to the federal authorities state plans for the administration of social services, except as for social services provided under ch. 48 and subch. III of ch. 49 and except for, community-based juvenile delinquency-related services, and juvenile correctional services, in such form and containing such information as the federal authorities require, and shall comply with all requirements prescribed to ensure their correctness.
55,1475
Section
1475. 46.206 (2) of the statutes is amended to read:
46.206 (2) The county administration of all laws relating to social services, except with respect to the programs under ch. 48 and subch. III of ch. 49 and to juvenile delinquency-related programs, shall be vested in the officers and agencies designated in the statutes.
55,1478b
Section 1478b. 46.215 (1) (d) of the statutes is amended to read:
46.215 (1) (d) To make investigations that relate to services under subchs. IV and V of ch. 49 upon request by the department of health services, to make investigations that relate to juvenile delinquency-related services at the request of the department of corrections, and to make investigations that relate to programs under ch. 48 and subch. III of ch. 49 or to community-based juvenile delinquency-related services upon request by the department of children and families.
55,1484
Section
1484. 46.215 (2) (a) 1. of the statutes is amended to read:
46.215 (2) (a) 1. In order to ensure the availability of a full range of care and services, the county department of social services may contract, either directly or through the department of health services, with public or voluntary agencies or others to purchase, in full or in part, care and services, except as provided under subch. III of ch. 49 and s. 301.08 (2), which and except for community-based juvenile delinquency-related services, that the county department of social services is authorized by any statute to furnish in any manner. This That care and these those services may be purchased from the department of health services if the department of health services has staff to furnish the that care and those services. If the county department of social services has adequate staff, it may sell the that care and
those services directly to another county or state agency.
55,1485
Section
1485. 46.215 (2) (a) 2. of the statutes is amended to read:
46.215 (2) (a) 2. In order to ensure the availability of a full range of care and services, the county department of social services may contract, either directly or through the department of children and families, with public or voluntary agencies, or others to purchase, in full or in part, care and services under ch. 48 and subch. III of ch. 49 which and community-based juvenile delinquency-related services that the county department of social services is authorized to furnish. This That care and these those services may be purchased from the department of children and families if the department of children and families has staff to furnish the that care and those services. If the county department of social services has adequate staff, it may sell the that care and those services directly to another county or state agency.
55,1487
Section
1487. 46.215 (2) (c) 1. of the statutes is amended to read:
46.215 (2) (c) 1. A county department of social services shall develop, under the requirements of s. 46.036, plans and contracts for the purchase of care and services to be purchased, except for care and services under subch. III of ch. 49 or s. 301.08 (2) and community-based juvenile delinquency-related services. The department of health services may review the contracts and approve them if they are consistent with s. 46.036 and if state or federal funds are available for such those purposes. The joint committee on finance may require the department of health services to submit the contracts to the committee for review and approval. The department of health services may not make any payments to a county for programs included in a contract under review by the committee. The department of health services shall reimburse each county for the contracts from the appropriations under s. 20.435 (7) (b) and (o), as appropriate, under s. 46.495.
55,1488
Section
1488. 46.215 (2) (c) 2. of the statutes is amended to read:
46.215 (2) (c) 2. A county department of social services shall develop, under the requirements of s. 49.34, plans and contracts for the purchase of care and services to be purchased under ch. 48 and subch. III of ch. 49 and of community-based juvenile delinquency-related services. The department of children and families may review the contracts and approve them if they are consistent with s. 49.34 and if state or federal funds are available for such those purposes. The joint committee on finance may require the department of children and families to submit the contracts to the committee for review and approval. The department of children and families may not make any payments to a county for programs included in a contract under review by the committee.
55,1489
Section
1489. 46.215 (2) (c) 3. of the statutes is amended to read:
46.215 (2) (c) 3. A county department of social services shall develop, under the requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related care and services to be purchased the purchase of juvenile correctional services. The department of corrections may review the contracts and approve them if they are consistent with s. 301.08 (2) and if state or federal funds are available for such purposes. The joint committee on finance may require the department of corrections to submit the contracts to the committee for review and approval. The department of corrections children and families may not make any payments under s. 48.526 to a county for programs included in a contract under review by the committee. The department of corrections children and families shall reimburse each county for the contracts from the appropriations under s. 20.410 (3) (cd) and (ko) 20.437 (1) (cj) and (o) as appropriate.
55,1490
Section
1490. 46.22 (1) (b) 1. b. of the statutes is amended to read:
46.22 (1) (b) 1. b. To make investigations which that relate to welfare services, except as for welfare services provided under ch. 48 and subch. III of ch. 49, community-based juvenile delinquency-related services, and juvenile correctional services, upon request by the department of health services.
55,1493
Section
1493. 46.22 (1) (b) 2. a. of the statutes is created to read:
46.22 (1) (b) 2. a. To administer community-based juvenile delinquency-related services under s. 48.526.
55,1494
Section
1494. 46.22 (1) (b) 2. c. of the statutes is amended to read:
46.22 (1) (b) 2. c. To make investigations as provided under ch. 48 and subch. III of ch. 49 and investigations relating to community-based juvenile delinquency-related services upon request by the department of children and families.
55,1495
Section
1495. 46.22 (1) (b) 5m. a. of the statutes is amended to read:
46.22 (1) (b) 5m. a. To administer purchase juvenile delinquency-related correctional services under s. 301.26.
55,1496b
Section 1496b. 46.22 (1) (b) 5m. c. of the statutes is repealed.
55,1500
Section
1500. 46.22 (1) (e) 3. a. of the statutes is amended to read:
46.22 (1) (e) 3. a. A county department of social services shall develop, under the requirements of s. 46.036, plans and contracts for the purchase of care and services, except for care and services provided under ch. 48, subch. III of ch. 49, and s. 301.08 (2), to be purchased
and community-based juvenile delinquency-related services. The department of health services may review the contracts and approve them if they are consistent with s. 46.036 and to the extent that state or federal funds are available for such those purposes. The joint committee on finance may require the department of health services to submit the contracts to the committee for review and approval. The department of health services may not make any payments to a county for programs included in the contract that is under review by the committee. The department of health services shall reimburse each county for the contracts from the appropriations under s. 20.435 (7) (b) and (o) according to s. 46.495.
55,1501
Section
1501. 46.22 (1) (e) 3. b. of the statutes is amended to read:
46.22 (1) (e) 3. b. A county department of social services shall develop, under the requirements of s. 49.34, plans and contracts for the purchase of care and services under ch. 48 and subch. III of ch. 49 to be purchased and of community-based juvenile delinquency-related services. The department of children and families may review the contracts and approve them if they are consistent with s. 49.34 and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of children and families to submit the contracts to the committee for review and approval. The department of children and families may not make any payments to a county for programs included in the contract that is under review by the committee.
55,1502
Section
1502. 46.22 (1) (e) 3. c. of the statutes is amended to read:
46.22 (1) (e) 3. c. A county department of social services shall develop, under the requirements of s. 301.08 (2), plans and contracts for the purchase of juvenile delinquency-related care and services to be purchased correctional services. The department of corrections may review the contracts and approve them if they are consistent with s. 301.08 (2) and to the extent that state or federal funds are available for such those purposes. The joint committee on finance may require the department of corrections to submit the contracts to the committee for review and approval. The department of corrections children and families may not make any payments
under s. 48.526 to a county for programs included in the contract that is under review by the committee. The department of corrections children and families shall reimburse each county for the contracts from the appropriations under s. 20.410 (3) (cd) and (ko) 20.437 (1) (cj) and (o) as appropriate.
55,1503
Section
1503. 46.22 (2g) (d) of the statutes is renumbered 46.22 (2g) (d) (intro.) and amended to read:
46.22 (2g) (d) (intro.) Prepare, with the assistance of the county social services director under sub. (3m) (b) 5., a all of the following:
1. A proposed budget for submission to the county executive or county administrator, a.
2. A final budget for submission to the department of health services in accordance with s. 46.031 (1) for authorized services, except services under ch. 48, subch. III of ch. 49, or s. 301.08 (2), a and authorized community-based juvenile delinquency-related services.
3. A final budget for submission to the department of children and families in accordance with s. 49.325 for authorized services under ch. 48 and subch. III of ch. 49, and a and authorized community-based juvenile delinquency-related services.
4. A final budget for submission to the department of corrections in accordance with s. 301.031 (1) for the purchase of authorized juvenile delinquency-related
correctional services.
55,1507
Section
1507. 46.23 (5) (a) 1. of the statutes is amended to read:
46.23 (5) (a) 1. Shall determine administrative and program policies, except as provided under ch. 48 and subch. III of ch. 49 and except for policies relating to community-based juvenile delinquency-related policies, services or to the purchase of juvenile correctional services, within limits established by the department of health services. Policy decisions, except as provided under ch. 48 and subch. III of ch. 49 and except for policy decisions relating to community-based juvenile delinquency-related policies, services or to the purchase of juvenile correctional services, that are not reserved by statute for the department of health services may be delegated by the secretary to the county human services board.
55,1508
Section
1508. 46.23 (5) (a) 2. of the statutes is amended to read:
46.23 (5) (a) 2. Shall determine administrative and program policies under ch. 48 and subch. III of ch. 49 and administrative and program policies relating to community-based juvenile delinquency-related services within limits established by the department of children and families. Policy decisions under ch. 48 and subch. III of ch. 49 and policy decisions relating to community-based juvenile delinquency-related services that are not reserved by statute for the department of children and families may be delegated by the secretary of children and families to the county human services board.
55,1509
Section
1509. 46.23 (5) (a) 3. of the statutes is amended to read:
46.23 (5) (a) 3. Shall determine juvenile delinquency-related administrative programs and policies relating to the purchase of juvenile correctional services within limits established by the department of corrections. Juvenile delinquency-related policy Policy decisions relating to the purchase of juvenile correctional services that are not reserved by statute for the department of corrections may be delegated by the secretary of corrections to the county human services board.
55,1510
Section
1510. 46.23 (5) (c) 1. of the statutes is amended to read:
46.23 (5) (c) 1. Shall determine whether state mandated services, except for services under ch. 48 and subch. III of ch. 49, community-based juvenile delinquency-related services, and juvenile delinquency-related correctional services, are provided
or by, purchased from, or contracted for with local providers, and monitor the performance of such those contracts. Purchase of services contracts shall be subject to the conditions specified in s. 46.036.
55,1511
Section
1511. 46.23 (5) (c) 2. of the statutes is amended to read:
46.23 (5) (c) 2. Shall determine whether state mandated services under ch. 48 and subch. III of ch. 49 and state-mandated community-based juvenile delinquency-related services are provided or by, purchased from, or contracted for with local providers, and monitor the performance of such those contracts. Purchase of services contracts shall be subject to the conditions specified in s. 49.34.
55,1512d
Section 1512d. 46.23 (5) (c) 3. of the statutes is amended to read:
46.23 (5) (c) 3. Shall determine whether state mandated juvenile delinquency-related services are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of service contracts for the purchase of juvenile correctional services. Contracts for the purchase of those services shall be subject to the conditions specified in s. 301.031.
55,1513
Section
1513. 46.23 (5) (n) 1. of the statutes is amended to read:
46.23 (5) (n) 1. Shall submit a final budget in accordance with s. 46.031 (1) for authorized services, except for services under ch. 48 and subch. III of ch. 49, community-based juvenile delinquency-related services, and juvenile delinquency-related correctional services. Notwithstanding the categorization of or limits specified for funds allocated under s. 46.495 or 51.423 (2), with the approval of the department of health services the county human services board may expend these those funds consistent with any service provided under s. 46.495 or 51.42.
55,1514
Section
1514. 46.23 (5) (n) 2. of the statutes is amended to read:
46.23 (5) (n) 2. Shall submit a final budget in accordance with s. 49.325 (1) for authorized services under ch. 48 and subch. III of ch. 49 and for authorized community-based juvenile delinquency-related services. Notwithstanding the categorization of or limits specified for funds allocated under s. 48.569, with the approval of the department of children and families the county human services board may expend these those funds consistent with any service provided under s. 48.569.
55,1515
Section
1515. 46.23 (5) (n) 3. of the statutes is amended to read:
46.23 (5) (n) 3. Shall submit a final budget in accordance with s. 301.031 (1) for the purchase of authorized juvenile delinquency-related correctional services.
55,1516
Section
1516. 46.23 (5m) (c) of the statutes is amended to read:
46.23 (5m) (c) Prepare, with the assistance of the county human services director under sub. (6m) (e), a proposed budget for submission to the county executive or county administrator,; a final budget for submission to the department of health services in accordance with s. 46.031 (1) for authorized services, except services under ch. 48 and subch. III of ch. 49 and, community-based juvenile delinquency-related services, and juvenile correctional services; a final budget for submission to the department of children and families in accordance with s. 49.325 for authorized services under ch. 48 and subch. III of ch. 49, and for authorized community-based juvenile delinquency-related services; and a final budget for submission to the department of corrections in accordance with s. 301.031 for the purchase of authorized juvenile delinquency-related correctional services.
