2001 Wisconsin Act 16

(c) Requiring every application for funding from the department for alcohol and other drug abuse intervention or treatment services to include a plan for the evaluation of the effectiveness of the services in reducing alcohol and other drug abuse by recipients of services.

(d) Requiring every person receiving funding from the department for alcohol and other drug abuse intervention or treatment services to provide the department the results of the evaluation conducted under par. (c).

16,1484m Section 1484m. 46.034 (3) of the statutes is amended to read:

46.034 (3) With the agreement of the affected county board of supervisors in a county with a single-county department or boards of supervisors in counties with a multicounty department, effective for the contract period beginning January 1, 1980, the department may approve a county with a single-county department or counties participating in a multicounty department to administer a single consolidated aid consisting of the state and federal financial aid available to that county or those counties from appropriations under s. 20.435 (3) (o) and (7) (b), (kw) and (o) for services provided and purchased by county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437. Under such an agreement, in the interest of improved service coordination and effectiveness, the county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department may reallocate among county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437 funds that otherwise would be specified for use by a single county department. The budget under s. 46.031 (1) shall be the vehicle for expressing the proposed use of the single consolidated fund by the county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department. Approval by the department of this use of the fund shall be in the contract under s. 46.031 (2g). Counties that were selected by the department to pilot test consolidated aids for contract periods beginning January 1, 1978, may continue or terminate consolidation with the agreement of the affected county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department.

16,1485 Section 1485. 46.036 (5m) (a) 1. of the statutes is amended to read:

46.036 (5m) (a) 1. "Provider" means a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17), and that contracts under this section to provide client services on the basis of a unit rate per client service or a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 that contracts under this section to provide client services on the basis of a unit rate per client service.

16,1486 Section 1486. 46.036 (5m) (b) 1. of the statutes is amended to read:

46.036 (5m) (b) 1. Subject to subd. 2. and pars. (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 retain from the 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 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.

16,1487 Section 1487. 46.036 (5m) (b) 2. of the statutes is amended to read:

46.036 (5m) (b) 2. A Subject to pars. (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.

16,1488 Section 1488. 46.036 (5m) (e) of the statutes is amended to read:

46.036 (5m) (e) Notwithstanding this subsection 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.

16,1489 Section 1489. 46.036 (5m) (em) of the statutes is created 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., 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.

16,1489m Section 1489m. 46.041 (1) (a) of the statutes is amended to read:

46.041 (1) (a) Provide for the temporary residence and evaluation of children referred from courts assigned to exercise jurisdiction under chs. 48 and 938, the institutions and services under the jurisdiction of the department, University of Wisconsin Hospitals and Clinics Authority, county departments under s. 46.215, 46.22 or 46.23, private child welfare agencies, the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing, the Wisconsin Center for the Blind and Visually Impaired, and mental health facilities within the state at the discretion of the director of the institution providing services under this section.

16,1490 Section 1490. 46.043 (2) of the statutes is amended to read:

46.043 (2) Services under this section may be provided only under contract between the department and a county department under s. 46. 215, 46.22 or 46.23, a school district or another public or private entity within the state to persons referred from those entities, at the discretion of the department. The department shall charge the referring entity all costs associated with providing the services. Unless a referral is made, the department may not offer services under this section to the person who is to receive the services or his or her family. The department may not impose a charge for services under this section upon the person receiving the services or his or her family. The department shall credit any revenues received under this section to the appropriation account under s. 20.435 (2) (gk) (g).

16,1491 Section 1491. 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) $1,273,900 $1,379,300 in fiscal year 1999-2000 2001-02 and $1,379,300 in fiscal year 2000-01 2002-03 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) $2,489,300 $2,694,400 in fiscal year 1999-2000 2001-02 and $2,489,900 $2,947,200 in fiscal year 2000-01 2002-03 for services for juveniles placed at the Mendota juvenile treatment center. The department of health and family services may charge the department of corrections not more than the actual cost of providing those services.

16,1492 Section 1492. 46.10 (8m) (b) 2. of the statutes is amended to read:

46.10 (8m) (b) 2. Paragraph (a) 2. and 4. does not apply to services provided under s. 51.06 (1) (1m) (d) that are billed under s. 51.437 (4rm) (c) 2m. and does not apply to treatment and services provided under s. 51.42 (3) (aw) 1. d.

16,1494m Section 1494m. 46.215 (1) (k) of the statutes is amended to read:

46.215 (1) (k) Except as provided under sub. (1g), certify Certify eligibility for and issue food coupons to needy households in conformity with the federal food stamp act of 1964 as amended, and, in addition, the county department of social services may certify eligibility for and distribute surplus commodities and food stuffs.

16,1494q Section 1494q. 46.215 (1g) of the statutes is repealed.

16,1494r Section 1494r. 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 care and services to be purchased, except for care and services under subch. III of ch. 49 or s. 301.08 (2). The department of health and family 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 purposes. The joint committee on finance may require the department of health and family services to submit the contracts to the committee for review and approval. The department of health and family services may not make any payments to a county for programs included in a contract under review by the committee. The department of health and family services shall reimburse each county for the contracts from the appropriations under s. 20.435 (3) (o) and (7) (b), (kw) and (o), as appropriate, under s. 46.495.

16,1494t Section 1494t. 46.22 (1) (b) 2. d. of the statutes is amended to read:

46.22 (1) (b) 2. d. Except as provided in sub. (1g), to To certify eligibility for and issue food coupons to needy households in conformity with 7 USC 2011 to 2029.

16,1495g Section 1495g. 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 care and services, except under subch. III of ch. 49 and s. 301.08 (2), to be purchased. The department of health and family 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 purposes. The joint committee on finance may require the department of health and family services to submit the contracts to the committee for review and approval. The department of health and family 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 and family services shall reimburse each county for the contracts from the appropriations under s. 20.435 (3) (o) and (7) (b), (kw) and (o) according to s. 46.495.

16,1495m Section 1495m. 46.22 (1g) of the statutes is repealed.

16,1502L Section 1502L. 46.27 (3) (f) of the statutes is amended to read:

46.27 (3) (f) Beginning on January 1, 1996, from the annual allocation to the county for the provision of long-term community support services under subs. (7) (b) and (11), annually establish a maximum total amount that may be encumbered in a calendar year for services for eligible individuals in community-based residential facilities, unless the department waives the requirement under sub (2) (i) or approves a request for an exception under sub. (6r) (c).

16,1502n Section 1502n. 46.27 (7) (cm) 1. (intro.) of the statutes is amended to read:

46.27 (7) (cm) 1. (intro.) Except as provided sub. (7b), beginning Beginning on January 1, 1996, no county, private nonprofit agency or aging unit may use funds received under par. (b) to provide services in any community-based residential facility that has more than 8 20 beds, unless one of the following applies:

16,1502p Section 1502p. 46.27 (7) (cm) 1. c. of the statutes is amended to read:

46.27 (7) (cm) 1. c. The department approves the provision of services in a community-based residential facility that is initially licensed after July 29, 1995, that is licensed for more than 20 or fewer beds and that meets standards established under subd. 2.

16,1502r Section 1502r. 46.27 (7b) of the statutes is repealed.

16,1503 Section 1503. 46.27 (9) (a) of the statutes is amended to read:

46.27 (9) (a) The department may select up to 5 counties that volunteer to participate in a pilot project under which they will receive certain funds allocated for long-term care. The department shall allocate a level of funds to these counties equal to the amount that would otherwise be paid under s. 20.435 (4) (b) or (w) to nursing homes for providing care because of increased utilization of nursing home services, as estimated by the department. In estimating these levels, the department shall exclude any increased utilization of services provided by state centers for the developmentally disabled. The department shall calculate these amounts on a calendar year basis under sub. (10).

16,1504 Section 1504. 46.27 (10) (a) 1. of the statutes is amended to read:

46.27 (10) (a) 1. The department shall determine for each county participating in the pilot project under sub. (9) a funding level of state medical assistance expenditures to be received by the county. This level shall equal the amount that the department determines would otherwise be paid under s. 20.435 (4) (b) or (w) because of increased utilization of nursing home services, as estimated by the department.

16,1504r Section 1504r. 46.27 (11) (c) 5p. of the statutes is repealed.

16,1505b Section 1505b. 46.27 (11) (c) 6. (intro.) and a. of the statutes are consolidated, renumbered 46.27 (11) (c) 6. a. and amended to read:

46.27 (11) (c) 6. a. No county, private nonprofit agency or aging unit may use funds received under this subsection to provide residential services in any community-based residential facility, as defined in s. 50.01 (1g), or a group home, as defined in s. 48.02 (7), that has more than 4 5 beds, unless one of the following applies: a. The the department approves the provision of services in a community-based residential facility or group home that has 5 6 to 8 beds.

16,1505d Section 1505d. 46.27 (11) (c) 6. b. of the statutes is repealed and recreated to read:

46.27 (11) (c) 6. b. No county, private nonprofit agency, or aging unit may use funds received under this subsection to provide residential services in a community-based residential facility, as defined in s. 50.01 (1g), that has more than 20 beds, unless the requirements of sub. (7) (cm) 1. a., b., or c. are met.

16,1506 Section 1506. 46.275 (5) (a) of the statutes is amended to read:

46.275 (5) (a) Medical assistance reimbursement for services a county, or the department under sub. (3r), provides under this program is available from the appropriations under s. 20.435 (4) (b) and, (o), and (w). If 2 or more counties jointly contract to provide services under this program and the department approves the contract, medical assistance reimbursement is also available for services provided jointly by these counties.

16,1507 Section 1507. 46.275 (5) (c) of the statutes is amended to read:

46.275 (5) (c) The total allocation under s. 20.435 (4) (b) and, (o), and (w) to counties and to the department under sub. (3r) for services provided under this section may not exceed the amount approved by the federal department of health and human services. A county may use funds received under this section only to provide services to persons who meet the requirements under sub. (4) and may not use unexpended funds received under this section to serve other developmentally disabled persons residing in the county.

16,1507s Section 1507s. 46.277 (5) (d) 1m. (intro.) of the statutes is amended to read:

46.277 (5) (d) 1m. (intro.) No county may use funds received under this section to provide services to a person who does not live in his or her own home or apartment unless, subject to the limitations under subds. 2. and , 3., and 4. and par. (e), one of the following applies:

16,1507t Section 1507t. 46.277 (5) (d) 1n. (intro.) of the statutes is amended to read:

46.277 (5) (d) 1n. (intro.) A county may also use funds received under this section, subject to the limitations under subds. 2. and, 3., and 4. and par. (e), to provide services to a person who does not live in his or her own home or apartment if the services are provided to the person in a community-based residential facility and the county department or aging unit has determined that all of the following conditions have been met:

16,1507u Section 1507u. 46.277 (5) (d) 2. (intro.) of the statutes is amended to read:

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: