AB150-ASA, s. 2195
19Section
2195. 46.26 (7) (b) 2. of the statutes, as affected by 1995 Wisconsin Act
20.... (this act), section 2194, is repealed and recreated to read:
AB150-ASA,762,2521
46.26
(7) (b) 2. To determine eligibility for payments under this paragraph for
22fiscal year 1995-96, the department shall determine a percentage for each county by
23dividing the combined number of 1992 and 1993 assaultive and total Part I juvenile
24arrests in a county by the population of that county under 17 years of age. A county
25having a percentage exceeding 3.5% is eligible to receive these payments.
AB150-ASA, s. 2195m
1Section 2195m. 46.26 (7) (b) 2. of the statutes, as affected by 1995 Wisconsin
2Act .... (this act), sections 2194 and 2195, is repealed.
AB150-ASA,763,86
46.26
(7) (bn) For counties not eligible for payments under par. (b), amounts
7not to exceed $100,000 for the last 6 months of
1993, $200,000 for 1994 1995 and
8$100,000 for the first 6 months of
1995 1996.
AB150-ASA, s. 2197m
9Section 2197m. 46.26 (7) (bn) of the statutes, as affected by 1995 Wisconsin
10Act .... (this act), is repealed.
AB150-ASA,763,1612
46.26
(7) (e) For emergencies related to community youth and family aids
13under this section, amounts not to exceed $125,000 for the last 6 months of
1993,
14$250,000 for 1994 1995 and $125,000 for the first 6 months of
1995 1996. A county
15is eligible for payments under this paragraph only if it has a population of not more
16than 45,000.
AB150-ASA, s. 2198p
17Section 2198p. 46.26 (7) (e) of the statutes, as affected by 1995 Wisconsin Act
18.... (this act), is repealed.
AB150-ASA,763,2420
46.26
(7) (f) For adjustments to have allocations to compensate for increases
21in per person daily cost assessments, amounts not to exceed
$216,400 $1,179,600 for
22the last 6 months of
1993, $1,552,200 for 1994 and $1,469,300 1995 and $1,360,500 23for the first 6 months of
1995 1996. The department shall allocate funds under this
24paragraph in accordance with the requirements of sub. (3) (d).
AB150-ASA, s. 2200
1Section
2200. 46.26 (7) (f) of the statutes, as affected by 1995 Wisconsin Act
2.... (this act), is repealed.
AB150-ASA,764,165
46.26
(7) (h) For counties that are participating in the corrective sanctions
6program under s. 48.533 (2),
$768,100 in 1994 and $768,100 in the first $1,146,800
7in the last 6 months of 1995
and $1,146,800 in the first 6 months of 1996 for the
8provision of corrective sanctions services for children from that county. In
9distributing funds to counties under this paragraph, the department shall determine
10a county's distribution by dividing the amount allocated under this paragraph by
105 11the number of slots authorized for the program under s. 48.533 (2) and multiplying
12the quotient by the
average daily population of children from that county who are
13participating in the program number of slots allocated to that county by agreement
14between the department and the county. The department may transfer funds among
15counties as necessary to distribute funds based on the number of slots allocated to
16each county.
AB150-ASA, s. 2202p
17Section 2202p. 46.26 (7) (h) of the statutes, as affected by 1995 Wisconsin Act
18.... (this act), is repealed.
AB150-ASA,764,2421
46.26
(8) (a) From the amount of the allocations specified in sub. (7) (a), the
22department shall allocate $666,700 in the last 6 months of
1993, $1,333,400 in 1994 231995 and $666,700 in the first 6 months of
1995 1996 for alcohol and other drug abuse
24treatment programs.
AB150-ASA, s. 2203p
1Section 2203p. 46.26 (8) (a) of the statutes, as affected by 1995 Wisconsin Act
2.... (this act), is repealed.
AB150-ASA,765,74
46.26
(8) (b) From the amount of the allocations specified in sub. (7) (b) 1., the
5department shall allocate $333,300 in the last 6 months of
1993, $666,600 in 1994 61995 and $333,300 in the first 6 months of
1995 1996 for alcohol and other drug abuse
7treatment programs.
AB150-ASA, s. 2204m
8Section 2204m. 46.26 (8) (b) of the statutes, as affected by 1995 Wisconsin Act
9.... (this act), is repealed.
AB150-ASA, s. 2205m
11Section 2205m. 46.263 (title) of the statutes is repealed and recreated to read:
AB150-ASA,765,12
1246.263 (title)
Community intervention program.
AB150-ASA, s. 2205p
13Section 2205p. 46.263 (title) of the statutes, as affected by 1995 Wisconsin Act
14.... (this act), is repealed.
AB150-ASA,765,1916
46.263
(1) From the appropriation under s. 20.435 (3) (f), the department shall
17distribute
$2,500,000 in the first 6 months of 1995
$3,750,000 in each year to counties
18for early intervention services for first offenders and for intensive community-based
19intervention services for seriously chronic offenders.
AB150-ASA, s. 2206m
20Section 2206m. 46.263 (1) of the statutes, as affected by 1995 Wisconsin Act
21.... (this act), is repealed.
AB150-ASA,766,423
46.263
(2) To determine eligibility for a payment under sub. (1), the department
24shall require a county to submit a plan for the expenditure of that payment that
25ensures that the county targets the programs to be funded under that payment
1appropriately
and that ensures that the county maintains or increases its aggregate
2expenditures from sources other than that payment for juvenile delinquency-related
3services at or above the average level of those expenditures in the 2 years preceding
4the year in which the payment is made under sub. (1).
AB150-ASA, s. 2207m
5Section 2207m. 46.263 (2) of the statutes, as affected by 1995 Wisconsin Act
6.... (this act), is repealed.
AB150-ASA,766,228
46.263
(3) The department shall distribute 33% of the amounts distributed
9under sub. (1) based on each county's proportion of the
number of children who are
10taken into custody statewide for alleged violations that are punishable as a Class A
11or a Class B felony if committed by an adult violent Part I juvenile arrests reported
12statewide under the uniform crime reporting system of the office of justice assistance
13in the department of administration, during the most recent 2-year period for which
14that information is available. The department shall distribute 33% of the amounts
15distributed under sub. (1) based on each county's proportion of the number of
16children statewide who are placed in a juvenile correctional institution, during the
17most recent 2-year period for which that information is available. The department
18shall distribute 34% of the amounts distributed under sub. (1) based on each county's
19proportion of the
number of total Part I juvenile
offenses arrests reported statewide
20under the uniform crime reporting system of the
Wisconsin department office of
21justice
assistance, during the most recent 2-year period for which that information
22is available.
AB150-ASA, s. 2208m
23Section 2208m. 46.263 (3) of the statutes, as affected by 1995 Wisconsin Act
24.... (this act), is repealed.
AB150-ASA,767,52
46.265
(2) From the appropriation under s. 20.435 (3)
(cx) (p), the department
3shall allocate $300,000 in each fiscal year to the organization that it has contracted
4with under sub. (1) for alcohol and other drug abuse education and treatment
5services for participants in that organization's youth diversion program.
AB150-ASA, s. 2209p
6Section 2209p. 46.265 (2) of the statutes, as affected by 1995 Wisconsin Act
7.... (this act), is repealed.
AB150-ASA,767,1610
46.27
(2) (d) In consultation with representatives of counties, hospitals and
11nursing homes and with recipients of long-term community support services,
12develop guidelines for implementing the program and criteria for reviewing
13community options plans from counties participating in the program. The guidelines
14and criteria shall address cost-effectiveness, scope, feasibility and impact on the
15quality and appropriateness of health
services and social services and shall provide
16counties with maximum flexibility to develop programs that address local needs.
AB150-ASA, s. 2211
17Section
2211. 46.27 (2) (h) of the statutes is renumbered 46.27 (2) (h) (intro.)
18and amended to read:
AB150-ASA,767,1919
46.27
(2) (h) (intro.) Promulgate
all of the following as rules
to adopt:
AB150-ASA,767,23
201. Adoption of a long-term community support service fee schedule as part of
21the uniform fee schedule under s. 46.03 (18) that is substantially similar to the fee
22calculation schedule existing on January 1, 1985, that was developed as a part of the
23guidelines required under par. (d).
AB150-ASA,768,2
146.27
(2) (h) 2. Conditions of hardship under which the department may grant
2an exception to the requirement of sub. (6r) (c).
AB150-ASA,768,94
46.27
(2) (i) Review and approve or disapprove waiver requests under sub. (3)
5(f), review and approve or disapprove requests for exceptions under sub. (6r) (c) and
6provide technical assistance to a county that reaches or exceeds the annual allocation
7limit specified in sub. (3) (f) in order to explore alternative methods of providing
8long-term community support services for persons who are in group living
9arrangements in that county.
AB150-ASA,768,1411
46.27
(2) (j) By January 1, 1997, develop a model contract for use by counties
12for purchase of long-term community support services for persons who reside in
13community-based residential facilities. The governor and the joint committee on
14finance shall approve the model contract before it is implemented.
AB150-ASA,768,2116
46.27
(3) (e) 1. For a county with an annual allocation for provision of long-term
17community support services under sub. (7) (b)
1m. that exceeds $185,000, the
18department shall, unless the department finds that an emergency or unusual
19circumstance exists, designate a portion of the county's allocation for increased
20service in each calendar year that the county fails to meet the requirement, to one
21or more of the groups specified under sub. (4) (a) 1. a. to e.
AB150-ASA,769,223
46.27
(3) (e) 2. For a county with an annual allocation for provision of long-term
24community support services under sub. (7) (b)
1m. that is $185,000 or less, the
25department may designate a portion of the county's allocation for increased service
1in each calendar year that the county fails to meet the requirement, to one or more
2of the groups specified under sub. (4) (a) 1. a. to e.
AB150-ASA,769,134
46.27
(3) (f) Beginning on January 1, 1996, from the annual allocation to the
5county for the provision of long-term community support services under subs. (7) (b)
6and (11), annually establish a maximum total amount, not to exceed 25% of the
7annual allocation, that may be encumbered in a calendar year for services for eligible
8individuals in community-based residential facilities. If the total amount that is
9encumbered for services for individuals in community-based residential facilities
10who are receiving services under sub. (7) (b) on January 1, 1996, exceeds 25% of the
11county's annual allocation, a county may request a waiver of the requirement under
12this paragraph from the department. The department need not promulgate as rules
13under ch. 227 the standards for granting a waiver request under this paragraph.
AB150-ASA,769,1815
46.27
(4) (c) 4. A description of the method to be used to coordinate the use of
16funds received under this program with the use of other funds allocated to the county
17under ss.
46.495 (1) (d), 46.80 (5)
,
and 46.85 (3m) (b) 1. and 2.
and 49.52 (1) (d) and
18to county departments under s. 51.423.
AB150-ASA,770,220
46.27
(5) (b) Within the limits of state and federal funds allocated under sub.
21(7), arrange service contracts under s. 46.036 and ensure the provision of necessary
22long-term community support services for each person who meets the criteria
23specified in sub. (6) (b).
No county department or aging unit may use funds allocated
24under sub. (7) (b) to provide services in any community-based residential facility
25unless the county department or aging unit uses as a service contract the approved
1model contract developed under sub. (2) (j) or a contract that includes all of the
2provisions of the approved model contract.
AB150-ASA,770,234
46.27
(5) (i) In the instances in which an individual who is provided long-term
5community support services under par. (b) for which the individual receives direct
6funding, serve directly as a fiscal agent or contract with a fiscal intermediary to serve
7as a fiscal agent for that individual for the purposes of performing the responsibilities
8and protecting the interests of the individual under the unemployment
9compensation law. The county department or aging unit may elect to act as a fiscal
10agent or contract with a fiscal intermediary to serve as a fiscal agent for an individual
11who is provided long-term support services under s. 46.275, 46.277, 46.278,
49.52,
1246.495, 51.42 or 51.437. The fiscal agent under this paragraph is responsible for
13remitting any federal unemployment compensation taxes or state unemployment
14compensation contributions owed by the individual, including any interest and
15penalties which are owed by the individual; for serving as the representative of the
16individual in any investigation, meeting, hearing or appeal involving ch. 108 or the
17federal unemployment tax act (
26 USC 3301 to
3311) in which the individual is a
18party; and for receiving, reviewing, completing and returning all forms, reports and
19other documents required under ch. 108 or the federal unemployment tax act on
20behalf of the individual. An individual may make an informed, knowing and
21voluntary election to waive the right to a fiscal agent. The waiver may be as to all
22or any portion of the fiscal agent's responsibilities. The waiver may be rescinded in
23whole or in part at any time.
AB150-ASA,771,5
146.27
(6) (a) 1. Within the limits of state and federal funds allocated under sub.
2(7)
and within the limits of fees collected, an assessment shall be conducted for any
3person identified in sub. (5) (e) or who is seeking admission to or is about to be
4admitted to a nursing home.
A fee may be charged, unless prohibited, for the
5assessment.
AB150-ASA,771,97
46.27
(6) (b) (intro.) Within the limits of state and federal funds allocated under
8sub. (7)
and within the limits of fees collected unless prohibited, a community
9services case plan shall be developed for any person with chronic disabilities:
AB150-ASA,771,1511
46.27
(6) (c) The amount of any fee charged for conduct of an assessment under
12par. (a) or for development of a case plan under par. (b) shall be in accordance with
13a sliding scale formula established by the department by rule under sub. (12) (c). A
14fee may not be charged if prohibited under
42 USC 1396 to
1396v or under
15regulations under
42 USC 1396 to
1396v.
AB150-ASA,771,2517
46.27
(6r) (a) A person who is initially eligible for services under sub. (7) (b),
18for whom home and community-based services are available under sub. (11)
or s.
1946.275, 46.277 or 46.278 that require less total expenditure of state funds than do
20comparable services under sub. (7) (b) and who is eligible for and offered the home
21and community-based services under sub. (11)
or s. 46.275, 46.277 or 46.278, but who
22declines the offer, except that a county may use funds received under sub. (7) (b) to
23pay for long-term community support services for the person for a period of up to 90
24days during which an application for services under sub. (11)
or s. 46.275, 46.277 or
2546.278 for the person is processed.
AB150-ASA,772,72
46.27
(6r) (c) A person who resides or intends to reside in a community-based
3residential facility and who is initially applying for long-term community support
4services, if the projected cost of services for the person, plus the cost of services for
5existing participants, would cause the county to exceed the limitation under sub. (3)
6(f), unless the department grants an exception to the requirement under this
7paragraph, under the conditions specified by rule, to avoid hardship to the person.
AB150-ASA,772,119
46.27
(6r) (e) A person who has not resided in this state for at least 180
10consecutive days before applying for or receiving long-term community support
11services that are funded under sub. (7) (b).
AB150-ASA,772,1813
46.27
(6u) (c) 2. For a person who is determined to be financially eligible under
14subd. 1. calculate, by use of the uniform fee system under s. 46.03 (18), the amount
15of cost sharing required for receipt of long-term community support services
16provided under sub. (5) (b). The county department or aging unit shall require
17payment by the person of
at least 50% 100% of the amount calculated under this
18subdivision.
AB150-ASA,773,220
46.27
(7) (am) From the appropriation under s. 20.435 (7) (bd), the department
21shall allocate funds to each county or private nonprofit agency with which the
22department contracts to pay assessment and case plan costs under sub. (6) not
23otherwise paid
by fee or under s. 46.032 or 49.45. The department shall reimburse
24counties for the cost of assessing persons eligible for medical assistance under s.
2549.46, 49.468 or 49.47 as part of the administrative services of medical assistance,
1payable under s. 49.45 (3) (a). Counties may use unspent funds allocated under this
2paragraph to pay the cost of long-term community support services.
AB150-ASA, s. 2224
3Section
2224. 46.27 (7) (am) of the statutes, as affected by 1995 Wisconsin Act
4.... (this act), is amended to read:
AB150-ASA,773,125
46.27
(7) (am) From the appropriation under s. 20.435 (7) (bd), the department
6shall allocate funds to each county or private nonprofit agency with which the
7department contracts to pay assessment and case plan costs under sub. (6) not
8otherwise paid by fee or under s.
46.032 49.33 (2) or 49.45. The department shall
9reimburse counties for the cost of assessing persons eligible for medical assistance
10under s. 49.46, 49.468 or 49.47 as part of the administrative services of medical
11assistance, payable under s. 49.45 (3) (a). Counties may use unspent funds allocated
12under this paragraph to pay the cost of long-term community support services.
AB150-ASA,773,2514
46.27
(7) (b) 1m. From the
appropriation appropriations under s. 20.435 (7) (bd)
15and (im), the department shall allocate funds to each county to pay the cost of
16providing long-term community support services under sub. (5) (b) not otherwise
17paid under s. 49.45 to persons eligible for medical assistance under s. 49.46 or 49.47
18or to persons whom the county department or aging unit administering the program
19finds likely to become medically indigent within 6 months by spending excess income
20or assets for medical or remedial care. The average per person reimbursement under
21this paragraph may not exceed the state share of the average per person payment
22rate the department expects under s. 49.45 (6m). The county department or aging
23unit administering the program may spend funds received under this paragraph
24only in accordance with the case plan and service contract created for each person
25receiving long-term community support services.