Wisconsin Legislature: 16,1553b

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:

16,1557b Section 1557b. 46.45 (2) (a) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

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:

46.766 Food pantry grants. (1) In this section:

(a) "Nonprofit organization" means an organization described in section 501 (c) of the Internal Revenue Code.

(b) "Rural" means outside a metropolitan statistical area specified under 42 CFR 412.62 (ii) (A) or within a metropolitan statistical area but isolated from an urban center.

(2) (a) From the appropriation under s. 20.435 (3) (fp), the department shall provide annual grants to food pantries that meet the eligibility requirements under sub. (4). The amount of each grant awarded to a food pantry shall be in proportion to the number of persons served by the food pantry.

(b) The department shall allocate 25% of the amounts appropriated under s. 20.435 (3) (fp) for grants to rural food pantries. The department shall allocate the remainder of the amounts available for grants under s. 20.435 (3) (fp) for grants to all food pantries. If, after awarding the grants to rural food pantries, any of the moneys remain unallocated, the department shall distribute the unallocated amounts for grants to all food pantries in proportion to the number of persons served by those food pantries.

(3) Grants awarded under this section may be used for any of the following purposes:

(a) The purchase, storage, transportation, coordination, or distribution of food to needy households.

(b) The administration of emergency food distribution.

(d) Programs designed to increase food availability to needy households or enhance food security.

(e) Nutrition education and outreach.

(f) Technical assistance related to food pantry management.

(4) A food pantry is eligible for a grant under this section if the food pantry meets all of the following requirements:

(a) The food pantry applies for a grant on an application developed by the department. The application may not exceed one page.

(b) The food pantry is a nonprofit organization or is affiliated with a nonprofit organization.

(d) The food pantry is open to the general public in its service area.

(e) The food pantry does not base food distribution on any criteria other than need of the recipient, except to the extent necessary for the orderly and fair distribution of food.

(f) The food pantry has a permanent address, regular hours of operation, and is open at least one day per month.

(g) The food pantry adheres to the U.S. department of agriculture food safety and food storage standards.

(5) The department may not use more than 5% of the total amount appropriated under s. 20.435 (3) (fp) for administration of the grant program under this section.

(6) A food pantry that receives a grant under this section shall, not later than 60 days after the end of the grant period, submit a report, not longer than 3 pages, to the department in the manner prescribed by the department, that describes how the grant money was used by the food pantry. The department shall compile the reports and submit the compiled reports to the legislature under s. 13.172 (2).

16,1568c Section 1568c. 46.858 of the statutes is created to read:

46.858 Publicity for Alzheimer's disease registration program. (1) In this section, "Alzheimer's disease" has the meaning given in s. 46.87 (1) (a).

(2) From the appropriation under s. 20.435 (6) (a), the department shall engage in activities to publicize the existence of a program administered by a nongovernmental entity that registers persons with Alzheimer's disease or other related dementias in a national database and provides the persons identification products in order to facilitate the safe return to caregivers of persons who have Alzheimer's disease or other related dementias and who have become lost or have wandered.