SB21: Bill Text

SB21,1608 Section 1608. 46.285 (intro.) and (1) of the statutes are consolidated, renumbered 46.285 and amended to read:

SB21,671,5 46.285 Operation of resource center and care management organization. In order to meet federal requirements and assure federal financial participation in funding of the family care benefit, a county, a tribe or band, a long-term care district or an organization, including a private, nonprofit corporation, may not directly operate both a resource center and a care management organization, except as follows: (1) For that for an entity with which the department has contracted under s. 46.281 (1) (e) 1., 2005 stats., provision of the services specified under s. 46.283 (3) (b), (e), (f) and (g) shall be structurally separate from the provision of services of the care management organization by January 1, 2001.

SB21,1609 Section 1609. 46.285 (2) of the statutes is repealed.

SB21,1610 Section 1610. 46.286 (3g) of the statutes is created to read:

SB21,671,11 46.286 (3g) Transferring care management organizations. An enrollee may transfer his or her enrollment to a different care management organization but only during an open enrollment period specified by the department, unless the enrollee meets an exception specified by the department.

SB21,1611 Section 1611. 46.287 (2) (c) of the statutes is amended to read:

SB21,671,16 46.287 (2) (c) Information regarding the availability of advocacy services and notice of adverse actions taken and appeal rights shall be provided to a client by the resource center or other contracted entity under s. 46.283 (2) or care management organization in a form and manner that is prescribed by the department by rule.

SB21,1612 Section 1612. 46.2895 of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed.

SB21,1613 Section 1613. 46.2895 (1) (a) (intro.) of the statutes is amended to read:

SB21,672,2 46.2895 (1) (a) (intro.) A Except as provided in par. (f), a county, a tribe or band, or any combination of counties or tribes or bands, may create a special purpose district that is termed a "long-term care district", that is a local unit of government, that is separate and distinct from, and independent of, the state and the county or tribe or band that created it, and that has the powers and duties specified in this section, if each county or tribe or band that participates in creating the district does all of the following:

SB21,1614 Section 1614. 46.2895 (1) (a) 1. b. of the statutes is amended to read:

SB21,672,8 46.2895 (1) (a) 1. b. Specifies the long-term care district's primary purpose, which shall be to operate, under contract with the department, a resource center under s. 46.283, a care management organization under s. 46.284, or a program described under s. 46.2805 (1) (a) or (b) of all-inclusive care for the elderly or the Family Care Partnership Program.

SB21,1615 Section 1615. 46.2895 (1) (c) of the statutes is amended to read:

SB21,672,13 46.2895 (1) (c) A long-term care district may not operate a care management organization under s. 46.284 or, a program described under s. 46.2805 (1) (a) or (b) of all-inclusive care for the elderly, or the Family Care Partnership Program if the district operates a resource center under s. 46.283.

SB21,1616 Section 1616. 46.2895 (1) (f) of the statutes is created to read:

SB21,672,16 46.2895 (1) (f) No county, tribe, band, or combination of counties, tribes, or bands, may create a long-term care district after June 30, 2015.

SB21,1617 Section 1617. 46.2895 (4) (intro.) of the statutes is amended to read:

SB21,672,21 46.2895 (4) Powers. (intro.) Subject to sub. subs. (1) (c) and (12m), a long-term care district has all the powers necessary or convenient to carry out the purposes and provisions of the family care program ss. 46.2805 to 46.2895. In addition to all these powers, a long-term care district may do all of the following:

SB21,1618 Section 1618. 46.2895 (4) (dm) of the statutes is amended to read:

SB21,673,2 46.2895 (4) (dm) Subject to sub. (1) (c), enter into a contract with the department to operate a the program described under s. 46.2805 (1) (a) or (b) of all-inclusive care for the elderly or the Family Care Partnership Program and provide services related to the contracted services.

SB21,1619 Section 1619. 46.2895 (8) (a) (intro.) of the statutes is amended to read:

SB21,673,5 46.2895 (8) (a) (intro.) A Subject to sub. (12m), a long-term care district board that is created at least in part by a county shall do all of the following:

SB21,1620 Section 1620. 46.2895 (12m) of the statutes is created to read:

SB21,673,9 46.2895 (12m) Required dissolution. A long-term care district that exists on June 30, 2015, shall dissolve under the procedures in sub. (13) before June 30, 2017, or before a date established by the department, whichever is later.

SB21,1621 Section 1621. 46.2896 of the statutes is created to read:

SB21,673,11 46.2896 Counting promissory notes as assets. (1) In this section:

SB21,673,15 (a) "Long-term care program" means the long-term care program under s. 46.27, 46.275, 46.277, 46.278, or 46.2785; the family care program providing the benefit under s. 46.286; the Family Care Partnership program; or the long-term care program defined in s. 46.2899 (1), 2013 stats.

SB21,673,19 (b) "Promissory note" means a written, unconditional agreement, given in return for goods, money loaned, or services rendered, under which one party promises to pay another party a specified sum of money at a specified time or on demand.

SB21,673,22 (2) When determining or redetermining an individual's financial eligibility for a long-term care program, the department shall include a promissory note as a countable asset if all of the following apply:

SB21,673,25 (a) The individual applying for or receiving benefits under the long-term care program or his or her spouse provided the goods, money loaned, or services rendered for the promissory note.

SB21,674,2 (b) The promissory note was entered into or purchased on or after the effective date of this paragraph .... [LRB inserts date].

SB21,674,4 (c) The promissory note is negotiable, assignable, and enforceable and does not contain any terms making it unmarketable.

SB21,674,10 (3) A promissory note is presumed to be negotiable and its asset value is the outstanding principal balance at the time the individual applies for the long-term care program or at the time the individual's eligibility for the long-term care program is redetermined, unless the individual shows by credible evidence from a knowledgeable source that the note is nonnegotiable or has a different current market value, which will then be considered the asset value.

SB21,1622 Section 1622. 46.2897 of the statutes is repealed.

SB21,1623 Section 1623. 46.2899 (1) of the statutes is repealed.

SB21,1624 Section 1624. 46.2899 (3) of the statutes is amended to read:

SB21,674,22 46.2899 (3) Eligibility. The department shall consider as eligible for the waiver program described under sub. (2) only individuals who are receiving post-secondary education in a setting that is distinguishable from the institution. The department shall set the financial eligibility requirements and functional eligibility requirements for the waiver program described under sub. (2) the same as the financial eligibility requirements and functional eligibility requirements for the self-directed services option of the family care program, as defined in s. 46.2805 (4m), except for the requirement to be an individual who is developmentally disabled and who is receiving post-secondary education on the grounds of a institution.

SB21,1625 Section 1625. 46.2899 (4) of the statutes is amended to read:

SB21,675,3 46.2899 (4) Services and benefits. The department shall provide the same services under the waiver program described in sub. (2) as it provides under the self-directed services option of the family care program, as defined in s. 46.2805 (4m). The department shall determine the funding amount for a waiver program participant under this section.

SB21,1626 Section 1626. 46.29 (1) (intro.) of the statutes is amended to read:

SB21,675,8 46.29 (1) (intro.) From the appropriation account under s. 20.435 (7) (4) (a), the department shall distribute at least $16,100 in each fiscal year for operation of the council on physical disabilities. The council on physical disabilities shall do all of the following:

SB21,1627 Section 1627. 46.29 (3) (d) of the statutes is amended to read:

SB21,675,11 46.29 (3) (d) The director of the office administrator of the division of state employment relations personnel management in the department of administration.

SB21,1628 Section 1628. 46.29 (3) (e) of the statutes is amended to read:

SB21,675,14 46.29 (3) (e) The secretary of safety and professional services financial institutions and professional standards.

SB21,1629 Section 1629. 46.29 (3) (g) of the statutes is amended to read:

SB21,675,16 46.29 (3) (g) The president of the University of Wisconsin System Authority.

SB21,1630 Section 1630. 46.295 (1) of the statutes is amended to read:

SB21,675,21 46.295 (1) The department may, on the request of any hearing-impaired person, city, village, town, or county or private agency, provide funds from the appropriation accounts under s. 20.435 (4) (hs) and (7) (d) and (hs) to reimburse interpreters for hearing-impaired persons for the provision of interpreter services.

SB21,1631 Section 1631. 46.40 (1) (a) of the statutes is amended to read:

SB21,676,3 46.40 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute funds for community social, mental health, developmental disabilities, and alcohol and other drug abuse services and for services under ss. 46.87 , 46.985, and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437 and to county aging units, as provided in subs. (2), (2m), (8), and (7) to (9).

SB21,1632 Section 1632. 46.40 (7) of the statutes is repealed.

SB21,1633 Section 1633. 46.40 (7m) of the statutes is created to read:

SB21,676,8 46.40 (7m) State community mental health allocation. For community mental health services, the department shall distribute not less than $24,348,700 in each fiscal year.

SB21,1634 Section 1634. 46.40 (14m) of the statutes is amended to read:

SB21,676,15 46.40 (14m) County community aids budgets. Before December 1 of each year, each county department under ss. 46.215, 46.22, 46.23, 51.42 and 51.437 and each tribal governing body shall submit to the department a proposed budget for the expenditure of funds allocated under this section or carried forward under s. 46.45 (3) (a). The proposed budget shall be submitted on a form developed by the department and approved by the department of administration.

SB21,1635 Section 1635. 46.45 (3) (a) of the statutes is amended to read:

SB21,677,4 46.45 (3) (a) Except as provided in par. (b), at the request of a county, tribal governing body, or private nonprofit organization, the department shall carry forward up to 3% of the total amount allocated to the county, tribal governing body, or nonprofit organization for a calendar year, not including the amount allocated to the county under s. 46.40 (7), which amount may be carried forward as provided in par. (c). All funds carried forward for a tribal governing body or nonprofit organization and all funds allocated under s. 46.40 (2m) carried forward for a county shall be used for the purpose for which the funds were originally allocated. Other funds carried forward under this paragraph may be used for any purpose under s. 20.435 (7) (b), except that a county may not use any funds carried forward under this paragraph for administrative or staff costs. An allocation of carried-forward funding under this paragraph does not affect a county's base allocations under s. 46.40 (2), (2m), (8), and (9).

SB21,1636 Section 1636. 46.45 (3) (c) of the statutes is repealed.

SB21,1637 Section 1637. 46.45 (6) (a) of the statutes is renumbered 46.45 (6) and amended to read:

SB21,677,12 46.45 (6) The department may carry forward 10% of any funds specified in sub. (3) (a) that are not carried forward under sub. (3) (a) for emergencies, for justifiable unit services costs above planned levels, and for increased costs due to population shifts. An allocation of carried-forward funding under this paragraph does not affect a county's base allocations under s. 46.40 (2), (2m), (8), and (9).

SB21,1638 Section 1638. 46.45 (6) (b) of the statutes is repealed.

SB21,1639 Section 1639. 46.56 (3) (a) 4. of the statutes is repealed.

SB21,1640 Section 1640. 46.56 (10) of the statutes is repealed.

SB21,1641 Section 1641. 46.82 (3) (a) 19. of the statutes is amended to read:

SB21,677,20 46.82 (3) (a) 19. If an aging unit under sub. (1) (a) 1. or 2. and if authorized under s. 46.283 (1) (a) 1., apply to the department to operate a resource center under s. 46.283 and, if the department contracts with the county under s. 46.283 (2), operate the resource center.

SB21,1642 Section 1642. 46.82 (3) (a) 20. of the statutes is amended to read:

SB21,678,2 46.82 (3) (a) 20. If an aging unit under sub. (1) (a) 1. or 2. and if authorized under s. 46.284 (1) (a) 1., apply to the department to operate a care management organization under s. 46.284 and, if the department contracts with the county under s. 46.284 (2), operate the care management organization and, if appropriate, place funds in a risk reserve.

SB21,1643 Section 1643. 46.90 (5m) (br) 5. of the statutes is amended to read:

SB21,678,8 46.90 (5m) (br) 5. Refer the case to the department of safety and professional services financial institutions and professional standards if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to be registered under s. 202.13 or 202.14 or to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 460.

SB21,1644 Section 1644. 46.90 (5m) (br) 5g. of the statutes is repealed.

SB21,1645 Section 1645. 46.96 (2) of the statutes is amended to read:

SB21,678,13 46.96 (2) The department shall make grants from the appropriations under s. 20.435 (7) (c), (kc), and (na) to independent living centers for nonresidential services to severely disabled individuals.

SB21,1646 Section 1646. 46.985 of the statutes is repealed.

SB21,1647 Section 1647. 46.99 (4) of the statutes is amended to read:

SB21,678,22 46.99 (4) From the appropriation account under s. 20.435 (4) (o), the department 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) (4) (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.

SB21,1648 Section 1648. 47.02 (3m) (p) of the statutes is repealed.

SB21,1649 Section 1649. 48.366 (1) of the statutes is renumbered 48.366 (1) (intro.) and amended to read:

SB21,679,4 48.366 (1) (intro.) Applicability. This section applies to a person who is a full-time student of a secondary school or its vocational or technical equivalent, for whom an individualized education program under s. 115.787 is in effect, and to whom any of the following applies:

SB21,679,10 (a) The person is placed in a foster home, group home, or residential care center for children and youth, in the home of a relative other than a parent, or in a supervised independent living arrangement under an order under s. 48.355, 48.357, or 48.365 that terminates as provided in s. 48.355 (4) (b) 1., 2., or 3., 48.357 (6) (a) 1., 2., or 3., or 48.365 (5) (b) 1., 2., or 3. on or after the person attains 18 years of age or who.

SB21,679,15 (b) The person is in the guardianship and custody of an agency specified in s. 48.427 (3m) (a) 1. to 4. or (am) under an order under s. 48.43, who is a full-time student of a secondary school or its vocational or technical equivalent, and for whom an individualized education program under s. 115.787 is in effect that terminates on the date on which the person attains 18 years of age.

SB21,1650 Section 1650. 48.366 (1) (c) of the statutes is created to read:

SB21,679,18 48.366 (1) (c) The person is placed in a shelter care facility on the date on which an order specified in par. (a) or (b) terminates.

SB21,1651 Section 1651. 48.366 (2) (a) of the statutes is amended to read:

SB21,680,10 48.366 (2) (a) Not less than 120 days before an order described in sub. (1) (a) or (b) terminates, the agency primarily responsible for providing services under the order shall request the person who is the subject of the order to indicate whether he or she wishes to be discharged from out-of-home care on termination of the order or wishes to continue in out-of-home care under a voluntary agreement under sub. (3). If the person is subject to an order under s. 48.355, 48.357, or 48.365 described in sub. (1) (a), the agency shall also request the person to indicate whether he or she wishes to continue in out-of-home care until the date specified in s. 48.365 (5) (b) 4. under an extension of the order. If the person indicates that he or she wishes to be discharged from out-of-home care on termination of the order, the agency shall request a transition-to-discharge hearing under par. (b). If the person indicates that he or she wishes to continue in out-of-home care under an extension of an order under s. 48.355, 48.357, or 48.365 described in sub. (1) (a), the agency shall request an extension of the order under s. 48.365. If the person indicates that he or she wishes to continue in out-of-home care under a voluntary agreement under sub. (3), the agency and the person shall enter into such an agreement.

SB21,1652 Section 1652. 48.366 (2) (b) 1. of the statutes is amended to read:

SB21,680,22 48.366 (2) (b) 1. If the person who is the subject of an order described in sub. (1) (a) or (b) indicates that he or she wishes to be discharged from out-of-home care on termination of the order, the agency primarily responsible for providing services to the person under the order shall request the court to hold a transition-to-discharge hearing and shall cause notice of that request to be provided to that person, the parent, guardian, and legal custodian of that person, any foster parent or other physical custodian described in s. 48.62 (2) of that person, that person's court-appointed special advocate, all parties who are bound by the dispositional order, and, if that person is an Indian child who has been removed from the home of his or her parent or Indian custodian, that person's Indian custodian and tribe.

SB21,1653 Section 1653. 48.366 (2) (b) 3. of the statutes is amended to read:

SB21,681,5 48.366 (2) (b) 3. At the hearing the court shall review with the person who is the subject of an order described in sub. (1) (a) or (b) the options specified in par. (a) and. If the person is subject to an order under s. 48.355, 48.357, or 48.365 described in sub. (1) (a), the court shall also advise the person that he or she may continue in out-of-home care as provided in par. (a) under an extension of an order under s. 48.355, 48.357, or 48.365 described in sub. (1) (a) or under a voluntary agreement under sub. (3).