Amendment ASA-AB150

AB150-ASA,783,16 46.277 (3) (a) Sections 46.27 (3) (b) and 46.275 (3) (a) and (c) to (e) apply to county participation in this program, except that services provided in the program shall substitute for care provided a person in a skilled nursing facility or intermediate care facility who meets the level of care requirements for medical assistance reimbursement to that facility rather than for care provided at a state center for the developmentally disabled. The number of persons who receive services provided by the program under this paragraph may not exceed the number of nursing home beds, other than beds specified in sub. (5g) (b), that are delicensed as part of a plan submitted by the facility and approved by the department.

AB150-ASA, s. 2249 Section 2249. 46.277 (3) (b) 2. of the statutes is amended to read:

AB150-ASA,783,23 46.277 (3) (b) 2. Each county department participating in the program shall provide home or community-based care to persons eligible under this section, except that the number of persons who receive home or community-based care under this section may not exceed the number of nursing home beds, other than beds specified in sub. (5g) (b), that are delicensed as part of a plan submitted by the facility and approved by the department.

AB150-ASA, s. 2250 Section 2250. 46.277 (3) (c) of the statutes is created to read:

AB150-ASA,784,10 46.277 (3) (c) Beginning on January 1, 1996, from the annual allocation to the county for the provision of long-term community support services under sub. (5), annually establish a maximum total amount, not to exceed 25% of the annual allocation, that may be encumbered in a calendar year for services for eligible individuals in community-based residential facilities. If the total amount that is encumbered for services for individuals in community-based residential facilities who are receiving services under sub. (5) on January 1, 1996, exceeds 25% of the county's annual allocation, a county may request a waiver of the requirement under this paragraph from the department. The department need not promulgate as rules under ch. 227 the standards for granting a waiver request under this paragraph.

AB150-ASA, s. 2251 Section 2251. 46.277 (4) (a) of the statutes is amended to read:

AB150-ASA,784,19 46.277 (4) (a) Any medical assistance recipient who meets the level of care requirements for medical assistance reimbursement in a skilled nursing facility or intermediate care facility is eligible to participate in the program, except that the number of participants may not exceed the number of nursing home beds , other than beds specified in sub. (5g) (b), that are delicensed as part of a plan submitted by the facility and approved by the department. Such a recipient may apply, or any person may apply on behalf of such a recipient, for participation in the program. Section 46.275 (4) (b) applies to participation in the program.

AB150-ASA, s. 2253 Section 2253. 46.277 (4) (b) of the statutes is amended to read:

AB150-ASA,785,3 46.277 (4) (b) To the extent authorized under 42 USC 1396n, if a person discontinues participation in the program, a medical assistance recipient may participate in the program in place of the participant who discontinues if that recipient meets the level of care requirements for medical assistance reimbursement in a skilled nursing facility or intermediate care facility, except that the number of participants may not exceed the number of nursing home beds , other than beds specified in sub. (5g) (b), that are delicensed as part of a plan submitted by the facility and approved by the department.

AB150-ASA, s. 2254 Section 2254. 46.277 (5) (d) 3. of the statutes is created to read:

AB150-ASA,785,11 46.277 (5) (d) 3. If subd. 2. a. or b. applies, no county may use funds received under this section to pay for services provided to a person who resides or intends to reside in a community-based residential facility and who is initially applying for the services, if the projected cost of services for the person, plus the cost of services for existing participants, would cause the county to exceed the limitation under sub. (3) (c). The department may grant an exception to the requirement under this subdivision, under the conditions specified by rule, to avoid hardship to the person.

AB150-ASA, s. 2255 Section 2255. 46.277 (5) (e) of the statutes is created to read:

AB150-ASA,785,18 46.277 (5) (e) A county may use funds received under this subsection to provide supportive, personal or nursing services, as defined in rules promulgated under s. 49.45 (2) (a) 23., to a person who resides in a certified assisted living facility, as defined in s. 50.01 (1d). Funding of the services may not exceed 85% of the statewide medical assistance daily cost of nursing home care, as determined by the department.

AB150-ASA, s. 2257 Section 2257. 46.277 (5g) (title) of the statutes is amended to read:

AB150-ASA,785,20 46.277 (5g) (title) Limitation Limitations on service.

AB150-ASA, s. 2258 Section 2258. 46.277 (5g) of the statutes is renumbered 46.277 (5g) (a).

AB150-ASA, s. 2259 Section 2259. 46.277 (5g) (b) of the statutes is created to read:

AB150-ASA,786,2 46.277 (5g) (b) This section does not apply to the delicensure of a bed of an institution for mental diseases of an individual who is aged 21 to 64, who has a primary diagnosis of mental illness and who otherwise meets the requirements of s. 46.266 (1) (a), (b) or (c).

AB150-ASA, s. 2261 Section 2261. 46.277 (5r) of the statutes is created to read:

AB150-ASA,786,6 46.277 (5r) Rule making. The department shall promulgate rules that specify conditions of hardship under which the department may grant an exception to the requirement of sub. (5) (d) 3.

AB150-ASA, s. 2263 Section 2263. 46.278 (1m) (b) of the statutes is amended to read:

AB150-ASA,786,9 46.278 (1m) (b) "Medical assistance" means aid provided under ss. 49.43 to 49.47 subch. IV of ch. 49, except s. 49.468.

AB150-ASA, s. 2266 Section 2266. 46.278 (6) (e) of the statutes is created to read:

AB150-ASA,786,15 46.278 (6) (e) The department may provide enhanced reimbursement for services under the program for an individual who was relocated to the community by a county department from an intermediate care facility for the mentally retarded that closes under s. 50.03 (14). The enhanced reimbursement rate under this paragraph shall be determined under a formula that is developed by the department.

AB150-ASA, s. 2269 Section 2269. 46.29 (1) (intro.) of the statutes is amended to read:

AB150-ASA,786,20 46.29 (1) (intro.)  From the appropriation under s. 20.435 (6) (d), the department shall allocate up to $12,000 $10,000 in each fiscal year for operation of the council on physical disabilities. The council on physical disabilities shall do all of the following:

AB150-ASA, s. 2270 Section 2270. 46.293 (title) of the statutes is created to read:

AB150-ASA,786,22 46.293 (title) Specialized programs for the blind and visually impaired.

AB150-ASA, s. 2271 Section 2271. 46.295 (title) of the statutes is created to read:

AB150-ASA,786,24 46.295 (title) Interpreters for the hearing-impaired.

AB150-ASA, s. 2272 Section 2272. 46.30 (3) (a) 1. of the statutes is amended to read:

AB150-ASA,787,2 46.30 (3) (a) 1. Administer funds received from the department under sub. (4) and funds from other sources provided to support a community action program.

AB150-ASA, s. 2276c Section 2276c. 46.30 (4) (a) of the statutes is amended to read:

AB150-ASA,787,7 46.30 (4) (a) The department shall allocate distribute the federal community services block grant funds received under 42 USC 9903 and deposited in the appropriations under s. 20.435 (4) (mc) and (md) and the state supplement under s. 20.435 (4) (cr) as provided in this subsection (6) (mc) and (7) (md).

AB150-ASA, s. 2276d Section 2276d. 46.30 (4) (cm) of the statutes is renumbered 49.32 (11) and amended to read:

AB150-ASA,787,16 49.32 (11) (title) Community action agencies. The department shall allocate distribute all of the funds under s. 20.435 (4) 20.445 (3) (cr) to community action agencies and organizations, including any of the 11 federally recognized tribal governing bodies in this state and limited-purpose agencies, in proportion to the share of funds actually allocated to these entities under 42 USC 1315 and from other federal and private foundation sources that provide funds for job creation and development for individuals with low incomes.

AB150-ASA, s. 2276e Section 2276e. 46.30 (4) (d) of the statutes is amended to read:

AB150-ASA,787,21 46.30 (4) (d) Before January 1 of each year the department shall contract with each agency and organization being funded, specifying the amount of money the organization will receive under this section and the activities to be carried out by the organization.

AB150-ASA, s. 2277b Section 2277b. 46.31 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is renumbered 49.37, and 49.37 (1) (intro.) and (3), as renumbered, are amended to read:

AB150-ASA,788,4 49.37 (1) (intro.) From the appropriation under s. 20.435 (4) 20.445 (3) (dk), the department shall allocate funds to new hope project, inc., for a demonstration project that will be conducted in 2 areas in the city of Milwaukee, if all of the following conditions are satisfied:

AB150-ASA,788,8 (3) The contract under sub. (1) (g) shall require an interim evaluation to be submitted to the department no later than January 1, 1993. New hope project, inc., may not use funds appropriated under s. 20.435 (4) 20.445 (3) (dk) to fund the evaluation under sub. (1) (g).

AB150-ASA, s. 2277d Section 2277d. 46.31 (4) of the statutes is amended to read:

AB150-ASA,788,10 46.31 (4) This section does not apply after June 30, 1995 1997.

AB150-ASA, s. 2278 Section 2278. 46.32 of the statutes is repealed.

AB150-ASA, s. 2280 Section 2280. 46.40 (1) of the statutes is renumbered 46.40 (1) (a) and amended to read:

AB150-ASA,788,20 46.40 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.435 (7) (b) 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, 46.98 (2m), (3) and (4g), 46.985 and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437, to county aging units and to private nonprofit organizations as authorized under s. 46.98 (2) (a), as provided in subs. (2) to (12) (8).

AB150-ASA, s. 2281m Section 2281m. 46.40 (2) of the statutes is amended to read:

AB150-ASA,789,2 46.40 (2) Basic county allocation. For social services under s. 49.52 (1) (d) and services under s. 51.423 (2), the department shall distribute not more than $121,552,100 for the last 6 months of 1993, not more than $246,743,400 for 1994 and not more than $127,281,500 for the first 6 months of 1995 $292,368,400 for fiscal year 1995-96 and $292,109,500 for fiscal year 1996-97.

AB150-ASA, s. 2281s Section 2281s. 46.40 (2) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-ASA,789,8 46.40 (2) Basic county allocation. For social services under s. 49.52 (1) (d) 46.495 (1) (d) and services under s. 51.423 (2), the department shall distribute not more than $292,368,400 for fiscal year 1995-96 and $292,109,500 for fiscal year 1996-97.

AB150-ASA, s. 2282 Section 2282. 46.40 (2m) of the statutes is created to read:

AB150-ASA,789,13 46.40 (2m) Federal block grant allocations. (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 $11,374,700 in fiscal year 1995-96 and not more than $11,572,700 in fiscal year 1996-97.

AB150-ASA,789,17 (b) Community mental health services. For community mental health services under 42 USC 300x to 300x-9, the department shall distribute not more than $2,513,400 in fiscal year 1995-96 and not more than $2,513,400 in fiscal year 1996-97.

AB150-ASA, s. 2283 Section 2283. 46.40 (3) (a) of the statutes is repealed.

AB150-ASA, s. 2284 Section 2284. 46.40 (3) (b) 1. of the statutes is repealed.

AB150-ASA, s. 2285 Section 2285. 46.40 (3) (b) 2. of the statutes is repealed.

AB150-ASA, s. 2286 Section 2286. 46.40 (3) (b) 3. of the statutes, as created by 1993 Wisconsin Act 446, is renumbered 46.40 (1) (b) and amended to read:

AB150-ASA,790,2 46.40 (1) (b) Notwithstanding s. 46.49, if the department receives any federal moneys under 42 USC 670 to 679a in reimbursement of moneys allocated under sub. (1) par. (a) for the provision of foster care, the department shall distribute those federal moneys for services and projects to assist children and families.

AB150-ASA, s. 2287 Section 2287. 46.40 (3m) of the statutes is repealed.

AB150-ASA, s. 2288 Section 2288. 46.40 (4) of the statutes is repealed.

AB150-ASA, s. 2289b Section 2289b. 46.40 (4m) of the statutes is created to read:

AB150-ASA,790,9 46.40 (4m) Low-income child care allocation. For low-income and at-risk child care, the department shall distribute under s. 46.98 (2) not more than $21,404,100 in fiscal year 1995-96 and not more than $21,504,800 in fiscal year 1996-97.

AB150-ASA, s. 2290 Section 2290. 46.40 (5) of the statutes is repealed.

AB150-ASA, s. 2291 Section 2291. 46.40 (6) of the statutes is repealed.

AB150-ASA, s. 2292m Section 2292m. 46.40 (7) of the statutes is amended to read:

AB150-ASA,790,17 46.40 (7) (title) Family support programs allocation. For family support programs for the families of disabled children under s. 46.985, the department shall distribute not more than $1,506,600 for the last 6 months of 1993, not more than $4,339,800 for 1994 and not more than $2,169,900 for the first 6 months of 1995 $4,339,800 in each fiscal year.

AB150-ASA, s. 2293m Section 2293m. 46.40 (8) of the statutes is amended to read:

AB150-ASA,790,23 46.40 (8) (title) Alzheimer's family and caregiver support allocation. For services to persons with Alzheimer's disease and their caregivers under s. 46.87, the department shall distribute not more than $938,500 for the last 6 months of 1993, not more than $1,877,000 for 1994 and not more than $938,500 for the first 6 months of 1995 $1,877,000 for each fiscal year.

AB150-ASA, s. 2294 Section 2294. 46.40 (9) of the statutes is repealed.

AB150-ASA, s. 2295 Section 2295. 46.40 (10) of the statutes is repealed.

AB150-ASA, s. 2296 Section 2296. 46.40 (12) of the statutes is repealed.

AB150-ASA, s. 2296m Section 2296m. 46.40 (14m) of the statutes is created to read:

AB150-ASA,791,8 46.40 (14m) County community aids budgets. Before December 1 of each year, each county department under ss. 46.215, 46.22, 46.23, 51.42 and 51.437 and each tribal governing body shall submit to the department a proposed budget for the expenditure of funds allocated under this section. The proposed budget shall be submitted on a form developed by the department and approved by the department of administration.

AB150-ASA, s. 2297 Section 2297. 46.45 (intro.) of the statutes is amended to read:

AB150-ASA,791,17 46.45 Carry-over of community aids funds. (intro.) Funds allocated by the department under ss. 46.495 (1) (d), 46.87 (3) (c) 4. and (4), 46.98 (2) (a), 49.52 (1) (d) and 51.423 (2) but not spent or encumbered by counties, governing bodies of federally recognized American Indian tribes or private nonprofit organizations by December 31 of each year and funds recovered under ss. 49.52 (2) (b) 46.495 (2) (b) and 51.423 (15) and deposited in the appropriation under s. 20.435 (7) (b) lapse to the general fund on the succeeding January 1 unless carried forward to the next calendar year under s. 20.435 (7) (b) or as follows:

AB150-ASA, s. 2298 Section 2298. 46.45 (1) of the statutes is amended to read:

AB150-ASA,791,20 46.45 (1) The department shall carry forward funds allocated for child care under s. 46.98 (2) (a) as provided under s. 20.435 (6) (3) (jg) and (n).

AB150-ASA, s. 2299 Section 2299. 46.45 (3) (a) of the statutes is amended to read:

AB150-ASA,792,16 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, except for funds allocated for child care under s. 46.98 (2) (a), for use by the county, tribal governing body or nonprofit organization in the following calendar year. The department may not carry forward more than 25% of the amount distributed to a county, tribal governing body or nonprofit organization for any allocation under s. 46.40 (3) (a), (3m) and (5) to (12). The department may permit a county department or nonprofit organization to carry forward amounts allocated under s. 46.40 (4) (a) for child care services under s. 46.98 (3), as provided in s. 46.40 (4) (b). All funds carried forward for a tribal governing body or nonprofit organization, all federal child welfare funds under 42 USC 620 to 626, federal alcohol, drug abuse and mental health block grant funds under 42 USC 300x to 300x-9 and all child care funds under s. 46.98 (2) (a) 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 funds carried forward may be used for any purpose under s. 20.435 (7) (b). If a county match was required by s. 49.52 (1) (d) or 51.423 (2) when funds carried forward were originally distributed, the county match requirement applies to the funds in the following calendar year.

AB150-ASA, s. 2300 Section 2300. 46.47 (1) of the statutes is renumbered 46.47 and amended to read:

AB150-ASA,793,2 46.47 Community aids performance standards. The department, with the assistance of representatives from counties and human services advocates, after consultation with the department of administration and with county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437, shall develop performance standards for mental health and juvenile justice services funded by community aids funds allocated under s. 46.40. These performance standards shall require a performance evaluation of any private sector human service provider receiving community aids funds allocated under s. 46.40. The department shall implement the performance standards no later than July 1, 1996.

AB150-ASA, s. 2301 Section 2301. 46.47 (2) of the statutes is repealed.

AB150-ASA, s. 2301m Section 2301m. 46.48 (5) of the statutes is amended to read:

AB150-ASA,793,10 46.48 (5) Alcohol and other drug abuse residential treatment. For funding of at least 8 beds at a community-based residential facility in which English and Spanish are spoken, to provide treatment for alcohol and other drug abuse to residents of a 1st class city, the department may distribute not more than $248,200 for each fiscal year as a grant to the New Beginning residential treatment program in the city of Milwaukee. This paragraph does not apply after June 30, 1995.

AB150-ASA, s. 2301n Section 2301n. 46.48 (6) (a) of the statutes is renumbered 46.48 (6).