46.277 (5) (d) 2. (intro.) No county may use funds received under this section to provide residential services in any community-based residential facility, as defined in s. 50.01 (1g), or group home, as defined in s. 48.02 (7), that has more than 4 beds, unless one of the following applies:
16,1508b
Section 1508b. 46.277 (5) (d) 2. a. of the statutes is repealed and recreated to read:
46.277 (5) (d) 2. a. The requirements of s. 46.27 (7) (cm) 1. a. or c. are met.
16,1508d
Section 1508d. 46.277 (5) (d) 4. of the statutes is created to read:
46.277 (5) (d) 4. No county may use funds received under this section to provide residential services in a group home, as defined in s. 48.02 (7), that has more than 5 beds, unless the department approves the provision of services in a group home that has 6 to 8 beds.
16,1508rg
Section 1508rg. 46.278 (title) and (1) of the statutes are amended to read:
46.278 (title) Community integration program and brain injury waiver program for persons with mental retardation developmental disabilities.
(1) Legislative intent. The intent of the
program programs under this section is to provide home or community-based care to serve in a noninstitutional community setting a person who meets eligibility requirements under
42 USC 1396n (c) and who is diagnosed as developmentally disabled under the definition specified in s. 51.01 (5) and relocated from an institution other than a state center for the developmentally disabled or who meets the intermediate care facility for the mentally retarded
or a brain injury rehabilitation facility level of care requirements for medical assistance reimbursement in an intermediate care facility for the mentally retarded
or brain injury rehabilitation facility and is ineligible for services under s. 46.275 or 46.277. The intent of the program is also that counties use all existing services for providing care under this section, including those services currently provided by counties.
16,1508rh
Section 1508rh. 46.278 (1m) (a) of the statutes is created to read:
46.278 (1m) (a) "Brain injury rehabilitation facility" means a nursing facility or hospital designated as a facility for brain injury rehabilitation by the department under the approved state medicaid plan.
16,1508ri
Section 1508ri. 46.278 (1m) (c) of the statutes is amended to read:
46.278 (1m) (c) "Program" means the community integration program or the brain injury waiver program, for facilities certified as medical assistance providers, for which a waiver has been received under sub. (3).
16,1508rj
Section 1508rj. 46.278 (2) (a) of the statutes is amended to read:
46.278
(2) (a) The department may request
a waiver one or more waivers from the secretary of the federal department of health and human services, under
42 USC 1396n (c), authorizing the department to serve medical assistance recipients, who meet the level of care requirements for medical assistance reimbursement in an intermediate care facility for the mentally retarded
or in a brain injury rehabilitation facility, in their communities by providing home or community-based services as part of medical assistance. If the department requests a waiver, it shall include all assurances required under
42 USC 1396n (c) (2) in its request.
16,1508rk
Section 1508rk. 46.278 (3) (a) of the statutes is amended to read:
46.278 (3) (a) Evaluate the effect of the each program on medical assistance costs and on the program's ability to provide community care alternatives to institutional care in facilities certified as medical assistance providers.
16,1508rL
Section 1508rL. 46.278 (4) (a) of the statutes is amended to read:
46.278 (4) (a) Sections 46.27 (3) (b) and 46.275 (3) (a) and (c) to (e) apply to county participation in this a program, except that services provided in the program shall substitute for care provided a person in an intermediate care facility for the mentally retarded or brain injury rehabilitation facility who meets the intermediate care facility for the mentally retarded or brain injury rehabilitation facility level of care requirements for medical assistance reimbursement to that facility rather than for care provided at a state center for the developmentally disabled.
16,1508rm
Section 1508rm. 46.278 (4) (b) 2. of the statutes is amended to read:
46.278 (4) (b) 2. Each county department participating in the a program shall provide home or community-based care to persons eligible under this section, except that the number of persons who receive home or community-based care under this section may not exceed the number that are approved under the an applicable waiver received under sub. (3).
16,1508rn
Section 1508rn. 46.278 (5) (a) and (b) of the statutes are amended to read:
46.278 (5) (a) Any medical assistance recipient who meets the level of care requirements for medical assistance reimbursement in an intermediate care facility for the mentally retarded or in a brain injury rehabilitation facility and is ineligible for service under s. 46.275 or 46.277 is eligible to participate in the a program, except that persons eligible for the brain injury waiver program must meet the definition of brain injury under s. 51.01 (2g), and except that the number of participants may not exceed the number approved under the waiver received under sub. (3). Such a recipient may apply, or any person may apply on behalf of such a recipient, for participation in the a program. Section 46.275 (4) (b) applies to participation in the a program.
(b) To the extent authorized under
42 USC 1396n, if a person discontinues participation in
the a program, a medical assistance recipient may participate in
the
a program in place of the participant who discontinues if that recipient meets the
intermediate care facility for the mentally retarded level of care requirements for medical assistance reimbursement in an intermediate care facility for the mentally retarded except that the number of participants concurrently served may not exceed the number approved under the waiver received under sub. (3) requirements under par. (a).
16,1508rp
Section 1508rp. 46.278 (6) (a), (b) and (c) of the statutes are amended to read:
46.278 (6) (a) The provisions of s. 46.275 (5) (a), (b) and (d) apply to funding received by counties under the program programs.
(b) Total funding to counties for relocating each person under the a program may not exceed the amount approved in the waiver received under sub. (3).
(c) Funding may be provided under the a program for services of a family consortium.
16,1509
Section
1509. 46.278 (6) (d) of the statutes is amended to read:
46.278 (6) (d) If a county makes available nonfederal funds equal to the state share of service costs under the a waiver received under sub. (3), the department may, from the appropriation under s. 20.435 (4) (o), provide reimbursement for services that the county provides under this section to persons who are in addition to those who may be served under this section with funds from the appropriation under s. 20.435 (4) (b) or (w).
16,1509g
Section 1509g. 46.278 (6) (e) 1. of the statutes is amended to read:
46.278 (6) (e) 1. The department may provide enhanced reimbursement for services under the community integration program for an individual who was relocated to the community by a county department from one of the following:
16,1509h
Section 1509h. 46.278 (6) (f) of the statutes is amended to read:
46.278 (6) (f) If a county owns the institution or intermediate care facility for the mentally retarded from which an individual is relocated to the community under this section, in order to receive funding under the community integration program, the county shall submit a plan for delicensing a bed of the institution or intermediate care facility for the mentally retarded that is approved by the department.
16,1520d
Section 1520d. 46.282 (3) (a) 2. a. of the statutes is amended to read:
46.282 (3) (a) 2. a. In the years 2000 and 2001 Before July 1, 2003, under criteria that the department prescribes, after consulting with the council on long-term care, evaluate the performance of the care management organization or organizations in the area of the local long-term care council and determine whether additional care management organizations are needed in the area and, if so, recommend this to the department.
16,1520e
Section 1520e. 46.282 (3) (a) 2. b. of the statutes is amended to read:
46.282 (3) (a) 2. b. In the year 2002 and thereafter After June 30, 2003, under criteria that the department prescribes, evaluate the performance of the care management organization or organizations in the area of the local long-term care council and determine whether additional care management organizations are needed in the area and, if so recommend this to the department.
16,1520w
Section 1520w. 46.282 (3) (a) 15. of the statutes is amended to read:
46.282 (3) (a) 15. Annually report to the department and, before July 1, 2001 2003, to the council on long-term care council concerning significant achievements and problems in the local long-term care system.
16,1528
Section
1528. 46.283 (5) of the statutes is amended to read:
46.283 (5) Funding. From the appropriation accounts under s. 20.435 (4) (b), (bm) and, (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.
16,1532
Section
1532. 46.284 (5) (a) of the statutes is amended to read:
46.284 (5) (a) From the appropriation accounts under s. 20.435 (4) (b), (g) and, (im), (o)
, and (w) and (7) (b) and (bd), 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.
16,1534
Section
1534. 46.286 (1) (a) 2. (intro.) of the statutes is amended to read:
46.286 (1) (a) 2. (intro.) The person has a condition that is expected to last at least 90 days or result in death within 12 months after the date of application but that does not meet the level specified under subd. 1. a. or b.; the person first applies for eligibility for the family care benefit within 36 months after the date on which the family care benefit is initially available in the person's county residence; and, on the date that the family care benefit became available in the person's county of residence, the person was a resident in a nursing home or had been receiving for at least 60 days, under a written plan of care, long-term care services, as specified by the department, that were funded under any of the following:
16,1535
Section
1535. 46.286 (1m) of the statutes is amended to read:
46.286 (1m) Eligibility exception. A person whose primary disabling condition is developmental disability is eligible for the family care benefit if the person is a resident of a county or is a member of a tribe or band that has operated, before July 1, 2001 2003, a care management organization under s. 46.281 (1) (d), is at least 18 years of age and meets all other eligibility criteria under this subsection sub. (1) (a) and (b).
16,1536
Section
1536. 46.286 (3) (a) (intro.) of the statutes is amended to read:
46.286 (3) (a) (intro.) Subject to pars. (c) and (d), a person is entitled to and may receive the family care benefit through enrollment in a care management organization if, except as provided in subd. 5., he or she meets the requirements of sub. (1) (intro.) is at least 18 years of age, has a physical disability, as defined in s. 15.197 (4) (a) 2., or infirmities of aging, as defined in s. 55.01 (3), is financially eligible, fulfills any applicable cost-sharing requirements and meets any of the following criteria:
16,1537
Section
1537. 46.286 (3) (a) 6. of the statutes is created to read:
46.286 (3) (a) 6. Is functionally eligible at the intermediate level and meets all of the following criteria:
a. On the date on which the family care benefit is initially available in the person's county of residence, is a resident in a nursing home or has been receiving for at least 60 days, under a written plan of care, long-term care services, as specified by the department, which are funded as specified under sub. (1) (a) 2. a., b., c., d., or e.
b. Enrolls within 36 months after the date on which the family care benefit is initially available in the person's county of residence.
16,1538
Section
1538. 46.286 (3) (d) of the statutes is amended to read:
46.286 (3) (d) The department shall determine the date, which shall not be later than July 1, 2000
January 1, 2004, on which par. (a) shall first apply to persons who are not eligible for medical assistance under ch. 49. Before the date determined by the department, persons who are not eligible for medical assistance may receive the family care benefit within the limits of state funds appropriated for this purpose and available federal funds.
16,1553b
Section 1553b. 46.29 (1) (f) of the statutes is repealed.
16,1553t
Section 1553t. 46.40 (1) (a) of the statutes is amended to read:
46.40 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.435 (3) (o) and (7) (b), (kw) 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. 46.51, 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), and (7) to (9).
16,1554d
Section 1554d. 46.40 (2) of the statutes is amended to read:
46.40 (2) Basic county allocation. Subject to sub. (9), for social services under s. 46.495 (1) (d) and services under s. 51.423 (2), the department shall distribute not more than $284,978,800 $244,745,200 for fiscal year 1999-2000 2001-02 and $285,511,800 $244,703,400 for fiscal year 2000-01 2002-03.
16,1555
Section
1555. 46.40 (2m) (a) of the statutes is amended to read:
46.40
(2m) (a)
Prevention and treatment of substance abuse. For prevention and treatment of substance abuse under
42 USC 300x-21 to
300x-35, the department shall distribute not more than
$11,318,700 $9,735,700 in each fiscal year.
16,1555w
Section 1555w. 46.40 (7) of the statutes is amended to read:
46.40 (7) Family support allocation. For family support programs for the families of disabled children under s. 46.985, the department shall distribute not more than $4,339,800 $4,589,800 in each fiscal year 2001-02 and not more than $5,089,800 in fiscal year 2002-03 and in each fiscal year thereafter.
16,1556
Section
1556. 46.40 (8) of the statutes is amended to read:
46.40 (8) Alzheimer's family and caregiver support allocation. Subject to sub. (9), for services to persons with Alzheimer's disease and their caregivers under s. 46.87, the department shall distribute not more than $1,993,400 for fiscal year 1999-2000 and $2,226,300 for fiscal year 2000-01 $2,342,800 in each fiscal year.
16,1556d
Section 1556d. 46.40 (9) (a) (intro.) of the statutes is amended to read:
46.40 (9) (a) Transfer to family care program and adult protective services allocation. (intro.) If a care management organization under s. 46.285 46.284 is available in a county, the department may dispose of the amount allocated under sub. (8) to that county and not more than 21.3% of the amount allocated under sub. (2) to that county as follows; and, of the amount allocated under sub. (8), may dispose of the lesser of up to 60% or the amount remaining after subtracting an amount necessary to maintain funding for recipients under sub. (8) who, on the effective date of this paragraph .... [revisor inserts date], are ineligible for the family care benefit under s. 46.286, to that county, as follows:
46.45 (2) (a) If on December 31 of any year there remains unspent or unencumbered in the allocation under s. 46.40 (2) an amount that exceeds the amount received under
42 USC 670 to
679a and allocated under s. 46.40 (2) in that year, the department shall carry forward the excess moneys and distribute not less than 50% of the excess moneys to counties having a population of less than 500,000 that are making a good faith effort, as determined by the department, to comply with s. 46.22 (1) (c) 8. f. for services and projects to assist children and families, notwithstanding the percentage limit specified in sub. (3) (a). A county shall use not less than 50% of the moneys distributed to the county under this subsection for services for children who are at risk of abuse or neglect to prevent the need for child abuse and neglect intervention services
, except that in the calendar year in which a county achieves compliance with s. 46.22 (1) (c) 8. f. and in the 2 calendar years after that calendar year the county may use 100% of the moneys distributed under this paragraph to reimburse the department for the costs of achieving that compliance. If a county does not comply with s. 46.22 (1) (c) 8. f. before July 1, 2005, the department may recover any amounts distributed to that county under this paragraph after June 30, 2001, by billing the county or deducting from that county's allocation under s. 46.40 (2)
. All moneys received by the department under this paragraph shall be credited to the appropriation account under s. 20.435 (3) (j).
16,1557jd
Section 1557jd. 46.46 (1) of the statutes is amended to read:
46.46 (1) From the appropriation account under s. 20.435 (8) (mb), the department shall
support costs that are exclusively related to the operational costs of augmenting itself perform activities to augment the amount of moneys received under
42 USC 670 to
679a,
42 USC 1395 to
1395ddd and
42 USC 1396 to
1396v. In addition, the department may expend moneys from the appropriation account under s. 20.435 (8) (mb) as provided in sub. (2). The department may not contract with any person to perform those augmentation activities.
16,1557jg
Section 1557jg. 46.46 (1m) of the statutes is created to read:
46.46
(1m) In addition to expending moneys from the appropriation account under s. 20.435 (8) (mb) 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 appropriation account under s. 20.435 (8) (mb) to support the counties' share of implementing the statewide automated child welfare information system under s. 46.22 (1) (c) 8. f.
16,1557k
Section 1557k. 46.46 (2) of the statutes is repealed.
16,1557v
Section 1557v. 46.48 (6) of the statutes is amended to read:
46.48 (6) Career youth development center. The department shall distribute $80,000 $110,000 in each fiscal year to the career youth development center in the city of Milwaukee. Of those amounts, $80,000 shall be distributed in each fiscal year for the operation of a minority youth substance abuse treatment program and $30,000 shall be distributed in each fiscal year for drug prevention and intervention programs for middle school and high school athletes in the Milwaukee public schools system.
16,1558
Section
1558. 46.48 (10) of the statutes is repealed.
16,1559t
Section 1559t. 46.495 (1) (am) of the statutes is amended to read:
46.495 (1) (am) The department shall reimburse each county from the appropriations under s. 20.435 (3) (o) and (7) (b), (kw) and (o) for social services as approved by the department under ss. 46.215 (1), (2) (c) 1., and (3) and 46.22 (1) (b) 1. d. and (e) 3. a. except that no reimbursement may be made for the administration of or aid granted under s. 49.02.
16,1560d
Section 1560d. 46.495 (1) (d) of the statutes is amended to read:
46.495 (1) (d) From the appropriations under s. 20.435 (3) (o) and (7) (b), (kw) and (o), the department shall distribute the funding for social services, including funding for foster care or treatment foster care of a child on whose behalf aid is received under s. 46.261, to county departments under ss. 46.215, 46.22, and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2), (8), and (9) (b). Each county's required match for the distributions under s. 46.40 (2) and (8) for a year equals 9.89% of the total of the county's distributions under s. 46.40 (2) and (8) for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Each county's required match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that county's amounts described in s. 46.40 (9) (a) (intro.) for that year. 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 s. 51.423 (5). Private donations may not exceed 25% 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.
16,1562
Section
1562. 46.52 of the statutes is amended to read:
46.52 Systems change grants. From the appropriation under s. 20.435 (7) (md), the department may not distribute more than $350,000 in each fiscal year to counties to assist in relocating individuals with mental illness from institutional or residential care to less restrictive and more cost-effective community settings and services. The department shall distribute funds to each grant recipient under this section so as to permit initial phasing in of community services recovery-oriented system changes, prevention and early intervention strategies, and consumer and family involvement for individuals with mental illness who are relocated or diverted from institutional or residential care and.
A grant recipient under this section may include only a nonprofit, tax-exempt corporation, as defined in s. 49.134 (1) (c), or a county. At least 10% of the funds distributed shall be for children with mental illness. The department shall eliminate the funding for a recipient at the end of a period of not more than 5 3 years in order to provide funding to benefit another county recipient. The department shall require that the community services that are developed under this section are continued, following termination of a county's funding under this section, by use of funding savings made available
to the county from reduced institutional and residential care utilization from incorporating recovery, prevention and early intervention strategies, and consumer and family involvement in the services.
16,1562d
Section 1562d. 46.54 of the statutes is amended to read:
46.54 Consumer and family self-help and peer-support programs. From the appropriation under s. 20.435 (7) (md), the department may not distribute more than $480,000 $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.
16,1563d
Section 1563d. 46.56 (3) (b) 6. of the statutes is amended to read:
46.56 (3) (b) 6. Representatives of the county health department, as defined in s. 251.01 (2) established under s. 251.02 (1) or city-county health department established under s. 251.02 (1m).
16,1568b
Section 1568b. 46.766 of the statutes is created to read:
