46.036 (5m) (e) Notwithstanding 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.
55,1471ns
Section 1471ns. 46.036 (5m) (em) of the statutes is amended 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., or 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.
55,1472
Section
1472. 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) $1,365,500 in each fiscal year 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) $2,707,100 $2,929,200 in fiscal year 2013-14 2015-16 and $2,772,800 $2,997,600 in fiscal year 2014-15 2016-17, for services for juveniles placed at the Mendota juvenile treatment center. The department of health services may charge the department of corrections not more than the actual cost of providing those services.
55,1473
Section
1473. 46.10 (14) (e) 1. of the statutes is amended to read:
46.10 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m) (a) or 48.363 (2) for support determined under this subsection constitutes an assignment of all commissions, earnings, salaries, wages, pension benefits, income continuation insurance benefits under s. 40.62, duty disability benefits under s. 40.65, benefits under ch. 102 or 108 and other money due or to be due in the future to the county department under s. 46.22 or 46.23 in the county where the order was entered or to the department, depending upon the placement of the child as specified by rules promulgated under subd. 5. The assignment shall be for an amount sufficient to ensure payment under the order.
55,1474
Section
1474. 46.206 (1) (a) of the statutes is amended to read:
46.206 (1) (a) The department shall supervise the administration of social services, except as
for social services provided under ch. 48 and subch. III of ch. 49 and except for, community-based juvenile delinquency-related services, and juvenile correctional services. The department shall submit to the federal authorities state plans for the administration of social services, except as for social services provided under ch. 48 and subch. III of ch. 49 and except for, community-based juvenile delinquency-related services, and juvenile correctional services, in such form and containing such information as the federal authorities require, and shall comply with all requirements prescribed to ensure their correctness.
55,1475
Section
1475. 46.206 (2) of the statutes is amended to read:
46.206 (2) The county administration of all laws relating to social services, except with respect to the programs under ch. 48 and subch. III of ch. 49 and to juvenile delinquency-related programs, shall be vested in the officers and agencies designated in the statutes.
55,1478b
Section 1478b. 46.215 (1) (d) of the statutes is amended to read:
46.215 (1) (d) To make investigations that relate to services under subchs. IV and V of ch. 49 upon request by the department of health services, to make investigations that relate to juvenile delinquency-related services at the request of the department of corrections, and to make investigations that relate to programs under ch. 48 and subch. III of ch. 49 or to community-based juvenile delinquency-related services upon request by the department of children and families.
55,1484
Section
1484. 46.215 (2) (a) 1. of the statutes is amended to read:
46.215 (2) (a) 1. In order to ensure the availability of a full range of care and services, the county department of social services may contract, either directly or through the department of health services, with public or voluntary agencies or others to purchase, in full or in part, care and services, except as provided under subch. III of ch. 49 and s. 301.08 (2), which and except for community-based juvenile delinquency-related services, that the county department of social services is authorized by any statute to furnish in any manner. This That care and these those services may be purchased from the department of health services if the department of health services has staff to furnish the that care and those services. If the county department of social services has adequate staff, it may sell the that care and
those services directly to another county or state agency.
55,1485
Section
1485. 46.215 (2) (a) 2. of the statutes is amended to read:
46.215 (2) (a) 2. In order to ensure the availability of a full range of care and services, the county department of social services may contract, either directly or through the department of children and families, with public or voluntary agencies, or others to purchase, in full or in part, care and services under ch. 48 and subch. III of ch. 49 which and community-based juvenile delinquency-related services that the county department of social services is authorized to furnish. This That care and these those services may be purchased from the department of children and families if the department of children and families has staff to furnish the that care and those services. If the county department of social services has adequate staff, it may sell the that care and those services directly to another county or state agency.
55,1487
Section
1487. 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 the purchase of care and services to be purchased, except for care and services under subch. III of ch. 49 or s. 301.08 (2) and community-based juvenile delinquency-related services. The department of health 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 those purposes. The joint committee on finance may require the department of health services to submit the contracts to the committee for review and approval. The department of health services may not make any payments to a county for programs included in a contract under review by the committee. The department of health services shall reimburse each county for the contracts from the appropriations under s. 20.435 (7) (b) and (o), as appropriate, under s. 46.495.
55,1488
Section
1488. 46.215 (2) (c) 2. of the statutes is amended to read:
46.215 (2) (c) 2. A county department of social services shall develop, under the requirements of s. 49.34, plans and contracts for the purchase of care and services to be purchased under ch. 48 and subch. III of ch. 49 and of community-based juvenile delinquency-related services. The department of children and families may review the contracts and approve them if they are consistent with s. 49.34 and if state or federal funds are available for such those purposes. The joint committee on finance may require the department of children and families to submit the contracts to the committee for review and approval. The department of children and families may not make any payments to a county for programs included in a contract under review by the committee.
55,1489
Section
1489. 46.215 (2) (c) 3. of the statutes is amended to read:
46.215 (2) (c) 3. A county department of social services shall develop, under the requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related care and services to be purchased the purchase of juvenile correctional services. The department of corrections may review the contracts and approve them if they are consistent with s. 301.08 (2) and if state or federal funds are available for such purposes. The joint committee on finance may require the department of corrections to submit the contracts to the committee for review and approval. The department of corrections children and families may not make any payments under s. 48.526 to a county for programs included in a contract under review by the committee. The department of corrections children and families shall reimburse each county for the contracts from the appropriations under s. 20.410 (3) (cd) and (ko) 20.437 (1) (cj) and (o) as appropriate.
55,1490
Section
1490. 46.22 (1) (b) 1. b. of the statutes is amended to read:
46.22 (1) (b) 1. b. To make investigations which that relate to welfare services, except as for welfare services provided under ch. 48 and subch. III of ch. 49, community-based juvenile delinquency-related services, and juvenile correctional services, upon request by the department of health services.
55,1493
Section
1493. 46.22 (1) (b) 2. a. of the statutes is created to read:
46.22 (1) (b) 2. a. To administer community-based juvenile delinquency-related services under s. 48.526.
55,1494
Section
1494. 46.22 (1) (b) 2. c. of the statutes is amended to read:
46.22 (1) (b) 2. c. To make investigations as provided under ch. 48 and subch. III of ch. 49 and investigations relating to community-based juvenile delinquency-related services upon request by the department of children and families.
55,1495
Section
1495. 46.22 (1) (b) 5m. a. of the statutes is amended to read:
46.22 (1) (b) 5m. a. To administer purchase juvenile delinquency-related correctional services under s. 301.26.
55,1496b
Section 1496b. 46.22 (1) (b) 5m. c. of the statutes is repealed.
55,1500
Section
1500. 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 the purchase of care and services, except for care and services provided under ch. 48, subch. III of ch. 49, and s. 301.08 (2), to be purchased
and community-based juvenile delinquency-related services. The department of health 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 those purposes. The joint committee on finance may require the department of health services to submit the contracts to the committee for review and approval. The department of health 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 services shall reimburse each county for the contracts from the appropriations under s. 20.435 (7) (b) and (o) according to s. 46.495.
55,1501
Section
1501. 46.22 (1) (e) 3. b. of the statutes is amended to read:
46.22 (1) (e) 3. b. A county department of social services shall develop, under the requirements of s. 49.34, plans and contracts for the purchase of care and services under ch. 48 and subch. III of ch. 49 to be purchased and of community-based juvenile delinquency-related services. The department of children and families may review the contracts and approve them if they are consistent with s. 49.34 and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of children and families to submit the contracts to the committee for review and approval. The department of children and families may not make any payments to a county for programs included in the contract that is under review by the committee.
55,1502
Section
1502. 46.22 (1) (e) 3. c. of the statutes is amended to read:
46.22 (1) (e) 3. c. A county department of social services shall develop, under the requirements of s. 301.08 (2), plans and contracts for the purchase of juvenile delinquency-related care and services to be purchased correctional services. The department of corrections may review the contracts and approve them if they are consistent with s. 301.08 (2) and to the extent that state or federal funds are available for such those purposes. The joint committee on finance may require the department of corrections to submit the contracts to the committee for review and approval. The department of corrections children and families may not make any payments
under s. 48.526 to a county for programs included in the contract that is under review by the committee. The department of corrections children and families shall reimburse each county for the contracts from the appropriations under s. 20.410 (3) (cd) and (ko) 20.437 (1) (cj) and (o) as appropriate.
55,1503
Section
1503. 46.22 (2g) (d) of the statutes is renumbered 46.22 (2g) (d) (intro.) and amended to read:
46.22 (2g) (d) (intro.) Prepare, with the assistance of the county social services director under sub. (3m) (b) 5., a all of the following:
1. A proposed budget for submission to the county executive or county administrator, a.
2. A final budget for submission to the department of health services in accordance with s. 46.031 (1) for authorized services, except services under ch. 48, subch. III of ch. 49, or s. 301.08 (2), a and authorized community-based juvenile delinquency-related services.
3. A final budget for submission to the department of children and families in accordance with s. 49.325 for authorized services under ch. 48 and subch. III of ch. 49, and a and authorized community-based juvenile delinquency-related services.
4. A final budget for submission to the department of corrections in accordance with s. 301.031 (1) for the purchase of authorized juvenile delinquency-related
correctional services.
55,1507
Section
1507. 46.23 (5) (a) 1. of the statutes is amended to read:
46.23 (5) (a) 1. Shall determine administrative and program policies, except as provided under ch. 48 and subch. III of ch. 49 and except for policies relating to community-based juvenile delinquency-related policies, services or to the purchase of juvenile correctional services, within limits established by the department of health services. Policy decisions, except as provided under ch. 48 and subch. III of ch. 49 and except for policy decisions relating to community-based juvenile delinquency-related policies, services or to the purchase of juvenile correctional services, that are not reserved by statute for the department of health services may be delegated by the secretary to the county human services board.
55,1508
Section
1508. 46.23 (5) (a) 2. of the statutes is amended to read:
46.23 (5) (a) 2. Shall determine administrative and program policies under ch. 48 and subch. III of ch. 49 and administrative and program policies relating to community-based juvenile delinquency-related services within limits established by the department of children and families. Policy decisions under ch. 48 and subch. III of ch. 49 and policy decisions relating to community-based juvenile delinquency-related services that are not reserved by statute for the department of children and families may be delegated by the secretary of children and families to the county human services board.
55,1509
Section
1509. 46.23 (5) (a) 3. of the statutes is amended to read:
46.23 (5) (a) 3. Shall determine juvenile delinquency-related administrative programs and policies relating to the purchase of juvenile correctional services within limits established by the department of corrections. Juvenile delinquency-related policy Policy decisions relating to the purchase of juvenile correctional services that are not reserved by statute for the department of corrections may be delegated by the secretary of corrections to the county human services board.
55,1510
Section
1510. 46.23 (5) (c) 1. of the statutes is amended to read:
46.23 (5) (c) 1. Shall determine whether state mandated services, except for services under ch. 48 and subch. III of ch. 49, community-based juvenile delinquency-related services, and juvenile delinquency-related correctional services, are provided
or by, purchased from, or contracted for with local providers, and monitor the performance of such those contracts. Purchase of services contracts shall be subject to the conditions specified in s. 46.036.
55,1511
Section
1511. 46.23 (5) (c) 2. of the statutes is amended to read:
46.23 (5) (c) 2. Shall determine whether state mandated services under ch. 48 and subch. III of ch. 49 and state-mandated community-based juvenile delinquency-related services are provided or by, purchased from, or contracted for with local providers, and monitor the performance of such those contracts. Purchase of services contracts shall be subject to the conditions specified in s. 49.34.
55,1512d
Section 1512d. 46.23 (5) (c) 3. of the statutes is amended to read:
46.23 (5) (c) 3. Shall determine whether state mandated juvenile delinquency-related services are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of service contracts for the purchase of juvenile correctional services. Contracts for the purchase of those services shall be subject to the conditions specified in s. 301.031.
55,1513
Section
1513. 46.23 (5) (n) 1. of the statutes is amended to read:
46.23 (5) (n) 1. Shall submit a final budget in accordance with s. 46.031 (1) for authorized services, except for services under ch. 48 and subch. III of ch. 49, community-based juvenile delinquency-related services, and juvenile delinquency-related correctional services. Notwithstanding the categorization of or limits specified for funds allocated under s. 46.495 or 51.423 (2), with the approval of the department of health services the county human services board may expend these those funds consistent with any service provided under s. 46.495 or 51.42.
55,1514
Section
1514. 46.23 (5) (n) 2. of the statutes is amended to read:
46.23 (5) (n) 2. Shall submit a final budget in accordance with s. 49.325 (1) for authorized services under ch. 48 and subch. III of ch. 49 and for authorized community-based juvenile delinquency-related services. Notwithstanding the categorization of or limits specified for funds allocated under s. 48.569, with the approval of the department of children and families the county human services board may expend these those funds consistent with any service provided under s. 48.569.
55,1515
Section
1515. 46.23 (5) (n) 3. of the statutes is amended to read:
46.23 (5) (n) 3. Shall submit a final budget in accordance with s. 301.031 (1) for the purchase of authorized juvenile delinquency-related correctional services.
55,1516
Section
1516. 46.23 (5m) (c) of the statutes is amended to read:
46.23 (5m) (c) Prepare, with the assistance of the county human services director under sub. (6m) (e), a proposed budget for submission to the county executive or county administrator,; a final budget for submission to the department of health services in accordance with s. 46.031 (1) for authorized services, except services under ch. 48 and subch. III of ch. 49 and, community-based juvenile delinquency-related services, and juvenile correctional services; a final budget for submission to the department of children and families in accordance with s. 49.325 for authorized services under ch. 48 and subch. III of ch. 49, and for authorized community-based juvenile delinquency-related services; and a final budget for submission to the department of corrections in accordance with s. 301.031 for the purchase of authorized juvenile delinquency-related correctional services.
55,1517
Section
1517. 46.23 (6) (a) (intro.) of the statutes is amended to read:
46.23 (6) (a) (intro.) A county human services director appointed under sub. (5) (f) shall have all of the administrative and executive powers and duties of managing, operating, maintaining, and improving the services and programs of the county department of human services,. Those powers and duties are subject to the rules promulgated by the department of health services for programs, except that, with respect to services or programs under ch. 48 and subch. III of ch. 49 and community-based juvenile delinquency-related services or programs, those powers and duties are subject to the rules promulgated by the department of children and families for services or programs under ch. 48 and subch. III of ch. 49, and, with respect to the purchase of juvenile correctional services or programs, those powers and duties are subject to the rules promulgated by the department of corrections for juvenile delinquency-related services or programs. In consultation with the county human services board under sub. (5) and subject to its approval, the county human services director shall prepare all of the following:
55,1518
Section
1518. 46.266 of the statutes is repealed.
55,1519
Section
1519. 46.268 of the statutes is repealed.
55,1523
Section
1523. 46.27 (6r) (b) 1m. of the statutes is renumbered 46.27 (6r) (b) 1m. (intro.) and amended to read:
46.27 (6r) (b) 1m. (intro.) The person meets the requirements under s. 46.266 (1) (a), (b) or (c)
any of the following for receipt of care in an institution for mental diseases.:
55,1524
Section
1524. 46.27 (6r) (b) 1m. a. and b. of the statutes are created to read:
46.27 (6r) (b) 1m. a. A person who resided in the facility on the date of the finding that a skilled nursing facility or intermediate care facility that provides care to Medical Assistance recipients to be an institution for mental diseases whose care in the facility is disallowed for federal financial participation under Medical Assistance.
b. A person who is aged 21 to 64, who has a primary diagnosis of mental illness, who would meet the level of care requirements for Medical Assistance reimbursement in a skilled nursing facility or intermediate care facility but for a finding that the facility is an institution for mental diseases, and for whom services would be provided in place of a person specified in subd. 1m. a. who discontinues services.
55,1525
Section
1525. 46.27 (7) (am) of the statutes is amended to read:
46.27 (7) (am) From the appropriation under s. 20.435 (7) (4) (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. 49.45 or 49.78 (2). The department shall reimburse multicounty consortia for the cost of assessing persons eligible for medical assistance under s. 49.46, 49.468, 49.47, or 49.471 (4) (a) 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).
55,1526
Section
1526. 46.27 (7) (b) of the statutes is amended to read:
46.27 (7) (b) From the appropriations under s. 20.435 (7) (4) (bd) and (im), the department shall allocate funds to each county to pay the cost of providing long-term community support services under sub. (5) (b) not otherwise paid under s. 49.45 to persons eligible for medical assistance under s. 49.46, 49.47, or 49.471 (4) (a) or to persons whom the county department or aging unit administering the program finds likely to become medically indigent within 6 months by spending excess income or assets for medical or remedial care. The average per person reimbursement under this paragraph may not exceed the state share of the average per person payment rate the department expects under s. 49.45 (6m). The county department or aging unit administering the program may spend funds received under this paragraph only in accordance with the case plan and service contract created for each person receiving long-term community support services. Counties may use unspent funds allocated under this paragraph from the appropriation under s. 20.435 (7) (4) (bd) for a risk reserve under par. (fr).
55,1527
Section
1527. 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 5% of the amount allocated under this subsection to the county for a calendar year if up to 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) (4) (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.
55,1529
Section
1529. 46.27 (7) (g) (intro.) of the statutes is amended to read:
46.27 (7) (g) (intro.) The department may carry forward to the next state fiscal year funds allocated under this subsection and not encumbered by counties by December 31 or carried forward under par. (fm). The department may transfer moneys within s. 20.435 (7)
(4) (bd) to accomplish this purpose. An allocation under this paragraph shall not affect a county's base allocation for the program. The department may allocate these transferred moneys during the next fiscal year to counties for planning and implementation of resource centers under s. 46.283 or care management organizations under s. 46.284 and for the improvement or expansion of long-term community support services for clients whose cost of care significantly exceeds the average cost of care provided under this section, including any of the following:
55,1530
Section
1530. 46.27 (7g) (d) of the statutes is amended to read:
46.27 (7g) (d) The department may require the county department or aging unit selected to administer the program in each county to gather and provide the department with information needed to recover payment of long-term community support services under this subsection. The department shall pay to the county department or aging unit an amount equal to 5% of the recovery collected by the department relating to a beneficiary for whom the county department or aging unit made the last determination of eligibility for funding under sub. (7). A county department or aging unit may use funds received under this paragraph only to pay costs incurred under this paragraph and shall remit the remainder, if any, to the department for deposit in the appropriation account under s. 20.435 (7) (4) (im). The department may withhold payments under this paragraph for failure to comply with the department's requirements under this paragraph. The department shall treat payments made under this paragraph as costs of administration of the program.
55,1531
Section
1531. 46.27 (7g) (e) of the statutes is amended to read:
46.27 (7g) (e) From the appropriation under s. 20.435 (7) (4) (im), the department shall pay the amount of the payments under par. (d) and shall spend the remainder of the funds recovered under this subsection for long-term community support services funded under sub. (7) (b).
55,1532
Section
1532. 46.27 (11) (c) 3. of the statutes is amended to read:
46.27 (11) (c) 3. Medical assistance reimbursement for services a county, a private nonprofit agency or an aging unit with which the department contracts provides under this subsection shall be made from the appropriations under s. 20.435 (4) (bd) and (o) and (7) (b) and (bd).
55,1533
Section
1533. 46.27 (13) of the statutes is created to read:
46.27 (13) Program termination. Notwithstanding subs. (5), (6), (6g), (6u), (7), (7m), (8), and (11), after the date the family care benefit, as defined in s. 46.2805 (4), is available to eligible residents of a county, the department may discontinue the program under this section in that county.
