2003 Wisconsin Act 33

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) $1,379,300 in fiscal year 2001-02 2003-04 and $1,379,300 in fiscal year 2002-03 2004-05 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 in fiscal year 1999-2000 and $2,489,900 in fiscal year 2000-01 $2,086,700 in fiscal year 2003-04 and $2,155,600 in fiscal year 2004-05 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.

33,1100g Section 1100g. 46.10 (16) of the statutes is amended to read:

46.10 (16) The department shall delegate to county departments under ss. 51.42 and 51.437 or the local providers of care and services meeting the standards established by the department under s. 46.036, the responsibilities vested in the department under this section for collection of patient fees for services other than those provided at state facilities or those provided to children that are reimbursed under a waiver under s. 46.27 (11), 46.275, or 46.278 or a waiver requested under 2001 Wisconsin Act 16, section 9123 (16rs), or 2003 Wisconsin Act .... (this act), section 9124 (8c), if such the county departments or providers meet the conditions deemed that the department determines are appropriate by the department. The department may delegate to county departments under ss. 51.42 and 51.437 the responsibilities vested in the department under this section for collection of patient fees for services provided at the state facilities if the necessary conditions are met.

33,1101 Section 1101. 46.215 (1) (n) of the statutes is amended to read:

46.215 (1) (n) To collect and transmit information to the department of administration so that a federal energy assistance payment may be made to an eligible household; to collect and transmit information to the department of administration so that weatherization services may be made available to an eligible household; to receive applications from individuals seeking low-income energy assistance under s. 16.385 16.27 (4) or weatherization services under s. 16.39 16.26; to provide information on the income eligibility for weatherization of a recipient of low-income energy assistance to an entity with which the department of administration contracts for provision of weatherization under s. 16.39 16.26; and to receive a request, determine a correct payment amount, if any, and provide payment, if any, for emergency assistance under s. 16.385 16.27 (8).

33,1102 Section 1102. 46.22 (1) (b) 4m. c. of the statutes is amended to read:

46.22 (1) (b) 4m. c. To receive applications from individuals seeking low-income energy assistance under s. 16.385 16.27 (4) or weatherization services under s. 16.39 16.26.

33,1103 Section 1103. 46.22 (1) (b) 4m. d. of the statutes is amended to read:

46.22 (1) (b) 4m. d. To provide information on the income eligibility for weatherization of a recipient of low-income energy assistance to an entity with which the department of administration contracts for provision of weatherization under s. 16.39 16.26.

33,1104 Section 1104. 46.22 (1) (b) 4m. e. of the statutes is amended to read:

46.22 (1) (b) 4m. e. To receive a request, determine a correct payment amount, if any, and provide payment, if any, for emergency assistance under s. 16.385 16.27 (8).

33,1104m Section 1104m. 46.22 (1) (c) 8. f. of the statutes is amended to read:

46.22 (1) (c) 8. f. Before July 1, 2005, the county department of social services shall implement the statewide automated child welfare information system established by the department under s. 46.03 (7) (g). After that system has been implemented in a county, the department shall require that county to support 50% of the nonfederal portion of the ongoing cost of that system. All moneys received by the department under this subd. 8. f. shall be credited to the appropriation account under s. 20.435 (3) (j).

33,1105 Section 1105. 46.22 (1) (d) of the statutes is amended to read:

46.22 (1) (d) Merit system; records. The county department of social services is subject to s. 49.33 49.78 (4) to (7). The county department of social services and all county officers and employees performing any duties in connection with the administration of aid to families with dependent children shall observe all rules promulgated by the department of workforce development under s. 49.33 49.78 (4) and shall keep records and furnish reports as the department of workforce development requires in relation to their performance of such duties.

33,1106 Section 1106. 46.22 (2) (b) of the statutes is amended to read:

46.22 (2) (b) Appoint the county social services director under sub. (3) subject to s. 49.33 49.78 (4) to (7) and the rules promulgated thereunder and subject to the approval of the county board of supervisors in a county with a single-county department of social services or the county boards of supervisors in counties with a multicounty department of social services.

33,1107 Section 1107. 46.22 (3m) (a) of the statutes is amended to read:

46.22 (3m) (a) In any county with a county executive or a county administrator which that has established a single-county department of social services, the county executive or county administrator, subject to s. 49.33 49.78 (4) to (7) and the rules promulgated thereunder, shall appoint and supervise the county social services director. The appointment is subject to the confirmation of the county board of supervisors unless the county board of supervisors, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63.

33,1108 Section 1108. 46.27 (7) (am) of the statutes is amended to read:

46.27 (7) (am) From the appropriation under s. 20.435 (7) (bd), the department shall allocate funds to each county or private nonprofit agency with which the department contracts to pay assessment and case plan costs under sub. (6) not otherwise paid by fee or under s. 49.33 (2) or 49.45 or 49.78 (2). The department shall reimburse counties for the cost of assessing persons eligible for medical assistance under s. 49.46, 49.468, or 49.47 as part of the administrative services of medical assistance, payable under s. 49.45 (3) (a). Counties may use unspent funds allocated under this paragraph to pay the cost of long-term community support services and for a risk reserve under par. (fr).

33,1109 Section 1109. 46.27 (7) (fm) of the statutes is amended to read:

46.27 (7) (fm) The department shall, at the request of a county, carry forward up to 10% 5% of the amount allocated under this subsection to the county for a calendar year if up to 10% 5% of the amount so allocated has not been spent or encumbered by the county by December 31 of that year, for use by the county in the following calendar year, except that the amount carried forward shall be reduced by the amount of funds that the county has notified the department that the county wishes to place in a risk reserve under par. (fr). The department may transfer funds within s. 20.435 (7) (bd) to accomplish this purpose. An allocation under this paragraph does not affect a county's base allocation under this subsection and shall lapse to the general fund unless expended within the calendar year to which the funds are carried forward. A county may not expend funds carried forward under this paragraph for administrative or staff costs, except administrative or staff costs that are associated with implementation of the waiver under sub. (11) and approved by the department.

33,1111 Section 1111. 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), (gp), 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).

33,1112 Section 1112. 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), (gp), or (w) because of increased utilization of nursing home services, as estimated by the department.

33,1113 Section 1113. 46.275 (5) (a) of the statutes is amended to read:

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

33,1114 Section 1114. 46.275 (5) (c) of the statutes is amended to read:

46.275 (5) (c) The total allocation under s. 20.435 (4) (b), (gp), (hm), (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.

33,1115 Section 1115. 46.275 (5) (e) of the statutes is created to read:

46.275 (5) (e) From the appropriation under s. 20.435 (2) (gL), the department may provide moneys to a county to pay for one-time costs associated with the relocation under this section of an individual from a state center for the developmentally disabled.

33,1123 Section 1123. 46.277 (5) (g) of the statutes is created to read:

46.277 (5) (g) The department may provide enhanced reimbursement for services provided under this section to an individual who is relocated to the community from a nursing home by a county department on or after the effective date of this paragraph .... [revisor inserts date], if the nursing home bed that was used by the individual is delicensed upon relocation of the individual. The department shall develop and utilize a formula to determine the enhanced reimbursement rate.

33,1131 Section 1131. 46.278 (6) (f) of the statutes is repealed.

33,1132 Section 1132. 46.279 of the statutes is created to read:

46.279 Restrictions on placements and admissions to intermediate and nursing facilities. (1) Definitions. In this section:

(a) "Developmental disability" has the meaning given in s. 51.01 (5) (a).

(b) "Intermediate facility" means an intermediate care facility for the mentally retarded, as defined in 42 USC 1396d (d), other than a center for the developmentally disabled, as defined in s. 51.01 (3).

(bm) "Most integrated setting" means a setting that enables an individual to interact with persons without developmental disabilities to the fullest extent possible.

(c) "Nursing facility" has the meaning given under 42 USC 1369r (a).

(2) Placements and admissions to intermediate facilities. Except as provided in sub. (5), no person may place an individual with a developmental disability in an intermediate facility and no intermediate facility may admit such an individual unless, before the placement or admission and after having considered a plan developed under sub. (4), a court under s. 55.06 (9) (a) or (10) (a) 2. finds that placement in the intermediate facility is the most integrated setting that is appropriate to the needs of the individual, taking into account information presented by all affected parties. An intermediate facility to which an individual who has a developmental disability applies for admission shall, within 5 days after receiving the application, notify the county department that is participating in the program under s. 46.278 of the county of residence of the individual who is seeking admission concerning the application.

(3) Placements and admissions to nursing facilities. Except as provided in sub. (5), if the department or an entity determines from a screening under s. 49.45 (6c) (b) that an individual requires active treatment for developmental disability, no individual may be placed in a nursing facility, and no nursing facility may admit the individual, unless it is determined from the screening that the individual's need for care cannot fully be met in an intermediate facility or under a plan under sub. (4).

(4) Plan for home or community-based care. Except as provided in a contract specified in sub. (4m), a county department that participates in the program under s. 46.278 shall develop a plan for providing home or community-based care in a noninstitutional community setting to an individual who is a resident of that county, under any of the following circumstances:

(a) Within 120 days after any determination made under s. 49.45 (6c) (c) 3. that the level of care required by a resident that is provided by a facility could be provided in an intermediate facility or under a plan under this subsection.

(b) Within 120 days after receiving written notice under sub. (2) of an application.

(c) Within 120 days after a proposal is made under s. 55.06 (9) (a) to place the individual in an intermediate facility or a nursing facility.

(d) Within 120 days after receiving written notice under s. 55.06 (10) (a) 2. of the placement of the individual in a nursing facility or an intermediate facility.

(e) Within 90 days after extension of a temporary placement order by the court under s. 55.06 (11) (c).

(4m) Contract for plan development. The department shall contract with a public or private agency to develop a plan under sub. (4), and the county department is not required to develop such a plan, for an individual, as specified in the contract, to whom all of the following apply:

(a) The individual resides in a county with a population of less than 100,000 in which are located at least 2 intermediate facilities that have licenses issued to private nonprofit organizations that are exempt from federal income tax under section 501 (a) of the Internal Revenue Code.

(b) Placement for the individual is in, or proposed to be in, an intermediate facility specified under par. (a) that has agreed to reduce its licensed bed capacity to an extent and according to a schedule acceptable to the facility and the department.

(5) Exceptions. Subsections (2) and (3) do not apply to an emergency placement under s. 55.06 (11) (a) or to a temporary placement under s. 55.06 (11) (c) or (12).

33,1133 Section 1133. 46.2805 (2) of the statutes is amended to read:

46.2805 (2) "Eligible person" means a person who meets all eligibility criteria under s. 46.286 (1) or (1m).

33,1134 Section 1134. 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), (gp), (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.

33,1135 Section 1135. 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), (gp), (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.

33,1136 Section 1136. 46.286 (1) (intro.) of the statutes is amended to read:

46.286 (1) Eligibility. (intro.) Except as provided in sub. (1m), a A person is eligible for, but not necessarily entitled to, the family care benefit if the person is at least 18 years of age; has a physical disability, as defined in s. 15.197 (4) (a) 2., a developmental disability, as defined in s. 51.01 (5) (a), or infirmities of aging, as defined in s. 55.01 (3); and meets all of the following criteria:

33,1137 Section 1137. 46.286 (1m) of the statutes is repealed.

33,1138 Section 1138. 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 is at least 18 years of age, has a physical disability, as defined in s. 15.197 (4) (a) 2., a developmental disability, as defined in s. 51.01 (5) (a), 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:

33,1139 Section 1139. 46.286 (3) (a) 5. of the statutes is repealed.

33,1140 Section 1140. 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 January 1, 2004 2006, 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.

33,1141 Section 1141. 46.287 (2) (a) 1. a. of the statutes is amended to read:

46.287 (2) (a) 1. a. Denial of eligibility under s. 46.286 (1) or (1m).

33,1142 Section 1142. 46.29 (3) (d) of the statutes is amended to read:

46.29 (3) (d) The secretary of employment relations director of the office of state human resources management.

33,1143 Section 1143. 46.295 (1) of the statutes is amended to read:

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 under s. 20.435 (6) (a) and (hs) and (7) (d) to reimburse interpreters for hearing-impaired persons for the provision of interpreter services.

33,1144 Section 1144. 46.40 (1) (d) of the statutes is created to read:

46.40 (1) (d) If the department receives any federal moneys under 42 USC 1396 to 1396v in reimbursement of the cost of preventing out-of-home placements of children, the department shall use those moneys as the first source of moneys used to meet the amount of the allocation under sub. (2) that is budgeted from federal funds.

33,1145 Section 1145. 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 $244,745,200 for fiscal year 2001-02 and $244,703,400 for fiscal year 2002-03 $242,078,700 in each fiscal year.

33,1146 Section 1146. 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 $4,589,800 in fiscal year 2001-02 and not more than $5,089,800 in fiscal year 2002-03 and in each fiscal year thereafter.

33,1147 Section 1147. 46.45 (2) (a) of the statutes is amended to read:

46.45 (2) (a) If Subject to par. (am), 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).

33,1148 Section 1148. 46.45 (2) (am) of the statutes is created to read:

46.45 (2) (am) If on December 31 of any year a county is not using the centralized unit contracted for under s. 46.03 (7) (h) for determining whether the cost of providing care for a child is eligible for reimbursement under 42 USC 670 to 679a, the department shall reduce that county's distribution under par. (a) by 50%.

33,1149 Section 1149. 46.45 (3) (a) of the statutes is amended to read:

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, all federal child welfare funds under 42 USC 620 to 626, 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. Except as provided under par. (am), other 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).

33,1150 Section 1150. 46.45 (3) (am) of the statutes is repealed.

33,1151 Section 1151. 46.45 (3) (c) of the statutes is created to read:

46.45 (3) (c) At the request of a county, the department shall carry forward up to 5% of the amount allocated to the county under s. 46.40 (7) for a calendar year. All funds carried forward under this paragraph shall be used for the purpose for which the funds were originally allocated, except that a county may not use any of those funds for administrative or staff costs. All funds carried forward under this paragraph that are not spent or encumbered by a county December 31 of the calendar year to which those funds were carried forward shall lapse to the general fund on the succeeding January 1. An allocation of carried-forward funding under this paragraph does not affect a county's base allocation under s. 46.40 (7).