AB133-SSA1,556,19
10(2) Services under this section may be provided only under contract between
11the department and a county department under s. 46. 215, 46.22 or 46.23, a school
12district or another public or private entity within the state to persons referred from
13those entities, at the discretion of the department. The department shall charge the
14referring entity all costs associated with providing the services. Unless a referral is
15made, the department may not offer services under this section to the person who is
16to receive the services or his or her family. The department may not impose a charge
17for services under this section upon the person receiving the services or his or her
18family. The department shall credit any revenues received under this section to the
19appropriation account under s. 20.435 (2) (gk).
AB133-SSA1,556,21
20(3) (a) Except as provided in par. (b), services under this section are governed
21by all of the following:
AB133-SSA1,556,2222
1. The terms of the contract between the department and the referring entity.
AB133-SSA1,556,2523
2. Subchapter XVI of ch. 48 and ss. 50.03, 50.032, 50.033, 50.034 (1) to (3),
2450.035, 50.04, 50.09, 51.04, 51.42 (7) (b) and 51.61. In applying these statutes, the
25services shall be considered to be provided by a private entity.
AB133-SSA1,557,1
13. Rules promulgated under the statutes specified in subd. 2.
AB133-SSA1,557,42
(b) In the event of a conflict between par. (a) 1. and 2. or 3., the services shall
3comply with the contractual, statutory or rules provision that is most protective of
4the service recipient's health, safety, welfare or rights.
AB133-SSA1,557,85
(c) Sections 46.03 (18), 46.10, 51.15 (2), 51.20 (13) (c) 1. and 51.42 (3) (as), other
6similar provisions in chs. 46 and 51 and zoning or other ordinances or regulations of
7the county, city, town or village in which the services are provided or the facility is
8located do not apply to the services under this section.
AB133-SSA1,557,109
(d) The department may not be required, by court order or otherwise, to offer
10services under this section.
AB133-SSA1,557,16
11(4) Services in a residential facility operated by a mental health institute that
12are authorized by the department under this section shall be provided only in a
13facility that is situated on the grounds of a mental health institute. The facility may
14not be considered to be a hospital, as defined in s. 50.33 (2), an inpatient facility, as
15defined in s. 51.01 (10), a state treatment facility, as defined in s. 51.01 (15), or a
16treatment facility, as defined in s. 51.01 (19).
AB133-SSA1,557,20
1846.055 Secure mental health facility for sexually violent persons. The
19department shall establish and operate a secure mental health facility for the
20detention, evaluation and institutional care of persons under ch. 980.
AB133-SSA1,558,622
46.057
(2) From
the appropriation account under s. 20.410 (3) (ba), the
23department of corrections shall transfer to the appropriation account under s. 20.435
24(2) (kx) $1,273,900 in fiscal year 1999-2000 and $1,379,300 in fiscal year 2000-01
25and, from the appropriation account under s. 20.410 (3) (hm), the department of
1corrections shall transfer to the appropriation account under s. 20.435 (2) (kx)
2$3,125,100 $2,489,300 in fiscal year
1997-98 1999-2000 and
$3,236,200 $2,489,900 3in fiscal year
1998-99 2000-01 for services for juveniles placed at the Mendota
4juvenile treatment center. The department of health and family services may charge
5the department of corrections not more than the actual cost of providing those
6services.
AB133-SSA1,558,188
46.058
(2m) The superintendents of the secure mental health facility
9established under s. 46.055, the Wisconsin resource center established under s.
1046.056 and any secure mental health unit or facility provided by the department of
11corrections under s. 980.065 (2) shall adopt proper means to prevent escapes of
12persons detained or committed to the facility, center or unit under ch. 980 and may
13adopt proper means to pursue and capture persons detained or committed to the
14facility, center or unit under ch. 980 who have escaped. In adopting means under this
15subsection to prevent escape and pursue and capture persons who have escaped, a
16superintendent may delegate to designated staff members of the facility, center or
17unit the power to use necessary and appropriate force, as defined by the department
18by rule, to prevent escapes and capture escaped persons.
AB133-SSA1,559,2120
46.10
(2) Except as provided in subs. (2m) and (14) (b) and (c), any person,
21including but not limited to a person admitted, committed or placed under s. 975.01,
221977 stats., s. 975.02, 1977 stats., and s. 975.17, 1977 stats., and ss. 51.10, 51.13,
2351.15, 51.20, 51.35 (3), 51.37 (5), 51.45 (10), (11), (12) and (13), 55.05, 55.06, 971.14
24(2) and (5), 971.17 (1), 975.06 and 980.06, receiving care, maintenance, services and
25supplies provided by any institution in this state including University of Wisconsin
1Hospitals and Clinics, in which the state is chargeable with all or part of the person's
2care, maintenance, services and supplies, any person receiving care and services
3from a county department established under s. 51.42 or 51.437 or from a facility
4established under s. 49.73, and any person receiving treatment and services from a
5public or private agency under
s. 980.06 (2) (c), 1997 stats., or s. 971.17 (3) (d) or (4)
6(e)
, 980.06 (2) (c) or 980.08 (5) and the person's property and estate, including the
7homestead, and the spouse of the person, and the spouse's property and estate,
8including the homestead, and, in the case of a minor child, the parents of the person,
9and their property and estates, including their homestead, and, in the case of a
10foreign child described in s. 48.839 (1) who became dependent on public funds for his
11or her primary support before an order granting his or her adoption, the resident of
12this state appointed guardian of the child by a foreign court who brought the child
13into this state for the purpose of adoption, and his or her property and estate,
14including his or her homestead, shall be liable for the cost of the care, maintenance,
15services and supplies in accordance with the fee schedule established by the
16department under s. 46.03 (18). If a spouse, widow or minor, or an incapacitated
17person may be lawfully dependent upon the property for their support, the court
18shall release all or such part of the property and estate from the charges that may
19be necessary to provide for those persons. The department shall make every
20reasonable effort to notify the liable persons as soon as possible after the beginning
21of the maintenance, but the notice or the receipt thereof is not a condition of liability.
AB133-SSA1,560,823
46.21
(2m) (c)
Exchange of information. Notwithstanding ss.
46.2895 (9), 48.78
24(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7) and
25253.07 (3) (c), any subunit of the county department of human services acting under
1this subsection may exchange confidential information about a client, without the
2informed consent of the client, with any other subunit of the same county department
3of human services
, with a resource center, care management organization or family
4care district, or with any person providing services to the client under a purchase of
5services contract with the county department of human services
or with a resource
6center, care management organization or family care district, if necessary to enable
7an employe or service provider to perform his or her duties, or to enable the county
8department of human services to coordinate the delivery of services to the client.
AB133-SSA1,560,1310
46.215
(1) (j) To make payments in such manner as the department of
11workforce development may determine for training of recipients, former recipients
12and potential recipients of aid in programs established under
ss. s. 49.193
, 1997
13stats., and
s. 49.26 (1).
AB133-SSA1,560,1815
46.215
(1) (r) If authorized under s. 46.283 (1) (a) 1., to apply to the department
16of health and family services to operate a resource center under s. 46.283 and, if the
17department contracts with the county under s. 46.283 (2), to operate the resource
18center.
AB133-SSA1,560,2420
46.215
(1) (s) If authorized under s. 46.284 (1) (a) 1., to apply to the department
21of health and family services to operate a care management organization under s.
2246.284 and, if the department contracts with the county under s. 46.284 (2), to
23operate the care management organization and, if appropriate, place funds in a risk
24reserve.
AB133-SSA1,561,5
146.215
(1g) Administration of food stamps for participants in by a Wisconsin
2works agency.. The Wisconsin works agency, as defined in s. 49.001 (9), shall
, to the
3extent permitted by federal law, and subject to s. 49.143 (2) (e), certify eligibility for
4and
distribute, if determined eligible, issue food coupons under s. 49.143 (2) (e) to
5eligible participants in the Wisconsin works program under subch. III of ch. 49.
AB133-SSA1,561,187
46.215
(1m) Exchange of information. Notwithstanding ss.
46.2895 (9), 48.78
8(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7), 253.07
9(3) (c) and 938.78 (2) (a), any subunit of the county department of social services
10acting under this section may exchange confidential information about a client,
11without the informed consent of the client, with any other subunit of the same county
12department of social services
, with a resource center, care management organization
13or family care district, or with any person providing services to the client under a
14purchase of services contract with the county department of social services
or with
15a resource center, care management organization or family care district, if necessary
16to enable an employe or service provider to perform his or her duties, or to enable the
17county department of social services to coordinate the delivery of services to the
18client.
AB133-SSA1,562,620
46.215
(2) (c) 1. A county department of social services shall develop, under the
21requirements of s. 46.036, plans and contracts for care and services to be purchased,
22except for care and services under subch. III of ch. 49 or s. 301.08 (2). The department
23of health and family services may review the contracts and approve them if they are
24consistent with s. 46.036 and if state or federal funds are available for such purposes.
25The joint committee on finance may require the department of health and family
1services to submit the contracts to the committee for review and approval. The
2department of health and family services may not make any payments to a county
3for programs included in a contract under review by the committee. The department
4of health and family services shall reimburse each county for the contracts from the
5appropriations under s. 20.435
(3) (o) and (7) (b)
, (kw) and (o), as appropriate, under
6s. 46.495.
AB133-SSA1,562,118
46.22
(1) (b) 1. j. If authorized under s. 46.283 (1) (a) 1., to apply to the
9department of health and family services to operate a resource center under s. 46.283
10and, if the department contracts with the county under s. 46.283 (2), to operate the
11resource center.
AB133-SSA1,562,1713
46.22
(1) (b) 1. k. If authorized under s. 46.284 (1) (a) 1., to apply to the
14department of health and family services to operate a care management organization
15under s. 46.284 and, if the department contracts with the county under s. 46.284 (2),
16to operate the care management organization and, if appropriate, place funds in a
17risk reserve.
AB133-SSA1,562,2320
46.22
(1) (b) 2. e. To make payments in such manner as the department of
21workforce development may determine for training of recipients, former recipients
22and potential recipients of aid in programs established under ss. 49.193
, 1997 stats., 23and 49.26 (1).
AB133-SSA1,563,11
146.22
(1) (c) 2. Subdivision 1. does not authorize the county department of
2social services to make investigations regarding admission to or release from
the
3Waupun correctional institution, the Columbia correctional institution, the Racine
4correctional institution, the Racine Youthful Offender Correctional Facility, the
5correctional institution authorized under 1997 Wisconsin Act 4, section 4 (1) (a), the
6correctional institution authorized under s. 301.046 (1), the correctional institution
7authorized under s. 301.048 (4) (b), the correctional institution authorized under s.
8301.16 (1n), the Oshkosh correctional institution, the Green Bay correctional
9institution, the Dodge correctional institution, the Taycheedah correctional
10institution state prisons under s. 302.01, county houses of correction, jails, detention
11homes or reforestation camps.
AB133-SSA1,563,1513
46.22
(1) (c) 8. f. Before July 1, 2005, the county department of social services
14shall implement the statewide automated child welfare information system
15established by the department under s. 46.03 (7) (g).
AB133-SSA1,564,317
46.22
(1) (dm)
Exchange of information. Notwithstanding ss.
46.2895 (9), 48.78
18(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7), 253.07
19(3) (c) and 938.78 (2) (a), any subunit of the county department of social services
20acting under this subsection may exchange confidential information about a client,
21without the informed consent of the client, with any other subunit of the same county
22department of social services
, with a resource center, care management organization
23or family care district, or with any person providing services to the client under a
24purchase of services contract with the county department of social services
or with
25a resource center, care management organization or family care district, if necessary
1to enable an employe or service provider to perform his or her duties, or to enable the
2county department of social services to coordinate the delivery of services to the
3client.
AB133-SSA1,564,165
46.22
(1) (e) 3. a. A county department of social services shall develop, under
6the requirements of s. 46.036, plans and contracts for care and services, except under
7subch. III of ch. 49 and s. 301.08 (2), to be purchased. The department of health and
8family services may review the contracts and approve them if they are consistent
9with s. 46.036 and to the extent that state or federal funds are available for such
10purposes. The joint committee on finance may require the department of health and
11family services to submit the contracts to the committee for review and approval.
12The department of health and family services may not make any payments to a
13county for programs included in the contract that is under review by the committee.
14The department of health and family services shall reimburse each county for the
15contracts from the appropriations under s. 20.435
(3) (o) and (7) (b)
, (kw) and (o)
16according to s. 46.495.
AB133-SSA1,564,2218
46.22
(1g) Administration of food stamps
for participants in by a Wisconsin
19works agency.. The Wisconsin works agency, as defined in s. 49.001 (9), shall
, to the
20extent permitted by federal law, and subject to s. 49.143 (2) (e), certify eligibility for
21and
distribute, if determined eligible, issue food coupons under s. 49.143 (2) (e) to
22eligible participants in the Wisconsin works program under subch. III of ch. 49.
AB133-SSA1,565,1024
46.23
(3) (e)
Exchange of information. Notwithstanding ss.
46.2895 (9), 48.78
25(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7), 253.07
1(3) (c) and 938.78 (2) (a), any subunit of a county department of human services
2acting under this section may exchange confidential information about a client,
3without the informed consent of the client, with any other subunit of the same county
4department of human services
, with a resource center, care management
5organization or family care district, or with any person providing services to the
6client under a purchase of services contract with the county department of human
7services
or with a resource center, care management organization or family care
8district, if necessary to enable an employe or service provider to perform his or her
9duties, or to enable the county department of human services to coordinate the
10delivery of services to the client.
AB133-SSA1,565,1312
46.266
(1) (d) A person in the facility who has been determined under s. 49.45
13(6c) (b) to require active treatment for mental illness.
AB133-SSA1,565,2115
46.266
(3) The total number of beds in skilled nursing facilities or intermediate
16care facilities that are funded at any one time under subs. (1) and (2) may not exceed
17the number of beds available for the persons specified in sub. (1) (a), minus the
18number of beds reduced under sub. (8) (a), plus the number of beds added for persons
19who are specified under sub. (1) (c)
and (d). The department may redistribute funds
20for a vacant bed from one county to another county that is seeking to effect the
21placement of a person in an institution for mental diseases.
AB133-SSA1,566,223
46.27
(1) (bm) "Private nonprofit agency" means a nonprofit corporation, as
24defined in s. 181.0103 (17), which provides
comprehensive health care services to
25elderly persons a program of all-inclusive care for persons aged 65 or older
1authorized under 42 USC 1395 to 1395ggg and which participates in the On Lok
2replication initiative.
AB133-SSA1,566,64
46.27
(2) (k) Review and approve or disapprove the terms of risk reserve escrow
5accounts created under sub. (7) (fr) and approve or disapprove disbursements for
6administrative or staff costs from the risk reserve escrow accounts.
AB133-SSA1,566,118
46.27
(4) (am) If a local long-term care council in a county assumes under s.
946.282 (3) (b) the duties of the county long-term support planning committee under
10this subsection, the county long-term support planning committee for the county is
11dissolved.
AB133-SSA1,566,1613
46.27
(4) (c) (intro.) The planning committee shall develop
, or, if a local
14long-term care council has under s. 46.282 (3) (b) assumed the duties of the planning
15committee, the local long-term care council shall recommend a community options
16plan for participation in the program. The plan shall include:
AB133-SSA1,566,2118
46.27
(4) (c) 5. A description of the method to be used by the committee
or, if
19a local long-term care council has under s. 46.282 (3) (b) assumed the duties of the
20planning committee, the local long-term care council to monitor the implementation
21of the program.
AB133-SSA1,566,2523
46.27
(4) (c) 8. If a pilot project under s.
46.271 (2m) 46.281 (1) (d) is established
24in the county, a description of how the activities of the pilot project relate to and are
25coordinated with the county's proposed program.
AB133-SSA1,567,142
46.27
(5) (am) Organize assessment activities specified in sub. (6). The county
3department or aging unit shall utilize persons for each assessment who can
4determine the needs of the person being assessed and who know the availability
5within the county of services alternative to placement in a nursing home. If any
6hospital patient is referred to a nursing home for admission, these persons shall work
7with the hospital discharge planner in performing the activities specified in sub. (6).
8The county department or aging unit shall coordinate the involvement of
9representatives from the county departments under ss. 46.215, 46.22, 51.42 and
1051.437, health service providers and the county commission on aging in the
11assessment activities specified in sub. (6), as well as the person being assessed and
12members of the person's family or the person's guardian. This paragraph does not
13apply to a county department or aging unit in a county where a pilot project under
14s.
46.271 (2m) 46.281 (1) (d) is established.
AB133-SSA1,567,2316
46.27
(6) (a) 3. In each participating county, except in counties where a pilot
17project under s.
46.271 (2m) 46.281 (1) (d) is established, assessments shall be
18conducted for those persons and in accordance with the procedures described in the
19county's community options plan. The county may elect to establish assessment
20priorities for persons in target groups identified by the county in its plan regarding
21gradual implementation. If a person who is already admitted to a nursing home
22requests an assessment and if funds allocated for assessments under sub. (7) (am)
23are available, the county shall conduct the assessment.
AB133-SSA1,568,5
146.27
(6g) Fiscal responsibility. (intro.) Except as provided in s. 51.40, and
2within the limitations under sub. (7) (b), the fiscal responsibility of a county for an
3assessment, unless the assessment is performed by an entity under s.
46.271 (2m) 446.281 (1) (d), case plan or services provided to a person under this section is as
5follows:
AB133-SSA1,568,127
46.27
(6r) (f) A person who has attained the age of 18 but has not attained the
8age of 65 unless that person is engaged in gainful employment or participating in a
9program that is certified by the department to provide health and employment
10services that are aimed at helping the individual achieve employment goals. The
11department may waive this paragraph for any individual for whom its application
12would cause undue hardship.
AB133-SSA1,568,2114
46.27
(6u) (c) 2. For a person who is determined to be financially eligible under
15subd. 1. calculate, by use of the uniform fee system under s. 46.03 (18), the amount
16of cost sharing required for receipt of long-term community support services
17provided under sub. (5) (b). The county department or aging unit shall require
18payment by the person of 100% of the amount calculated under this subdivision
,
19unless the person is a recipient of medical assistance under s. 49.472. If the person
20is a recipient of medical assistance under s. 49.472, the county department or aging
21unit may not require any payment from the person under this subdivision.
AB133-SSA1,569,623
46.27
(7) (am) From the appropriation under s. 20.435 (7) (bd), the department
24shall allocate funds to each county or private nonprofit agency with which the
25department contracts to pay assessment and case plan costs under sub. (6) not
1otherwise paid by fee or under s. 49.33 (2) or 49.45. The department shall reimburse
2counties for the cost of assessing persons eligible for medical assistance under s.
349.46, 49.468 or 49.47 as part of the administrative services of medical assistance,
4payable under s. 49.45 (3) (a). Counties may use unspent funds allocated under this
5paragraph to pay the cost of long-term community support services
and for a risk
6reserve under par. (fr).
AB133-SSA1,569,218
46.27
(7) (b) 1m. From the appropriations under s. 20.435 (7) (bd) and (im), the
9department shall allocate funds to each county to pay the cost of providing long-term
10community support services under sub. (5) (b) not otherwise paid under s. 49.45 to
11persons eligible for medical assistance under s. 49.46 or 49.47 or to persons whom
12the county department or aging unit administering the program finds likely to
13become medically indigent within 6 months by spending excess income or assets for
14medical or remedial care. The average per person reimbursement under this
15paragraph may not exceed the state share of the average per person payment rate
16the department expects under s. 49.45 (6m). The county department or aging unit
17administering the program may spend funds received under this paragraph only in
18accordance with the case plan and service contract created for each person receiving
19long-term community support services.
Counties may use unspent funds allocated
20under this paragraph from the appropriation under s. 20.435 (7) (bd) for a risk
21reserve under par. (fr).
AB133-SSA1,570,423
46.27
(7) (cj) 3. a. An assessment under sub. (6) has been completed for the
24person prior to the person's admission to the community-based residential facility,
25whether or not the person is a private pay admittee at the time of admission.
The
1county may waive this condition in accordance with guidelines established by the
2department. If the county waives this condition, the county must meet with the
3person or the person's guardian to discuss the cost-effectiveness of various service
4options.
AB133-SSA1,570,186
46.27
(7) (fm) The department shall, at the request of a county, carry forward
7up to 10% of the amount allocated under this subsection to the county for a calendar
8year if up to 10% of the amount so allocated has not been spent or encumbered by the
9county by December 31 of that year, for use by the county in the following calendar
10year
, except that the amount carried forward shall be reduced by the amount of funds
11that the county has notified the department that the county wishes to place in a risk
12reserve under par. (fr). The department may transfer funds within s. 20.435 (7) (bd)
13to accomplish this purpose. An allocation under this paragraph does not affect a
14county's base allocation under this subsection and shall lapse to the general fund
15unless expended within the calendar year to which the funds are carried forward.
16A county may not expend funds carried forward under this paragraph for
17administrative or staff costs, except administrative or staff costs that are associated
18with implementation of the waiver under sub. (11) and approved by the department.
AB133-SSA1,571,220
46.27
(7) (fr) 1. Notwithstanding s. 46.036 (3) and (5m), a county may place in
21a risk reserve funds that are allocated under par. (am) or (b) or sub. (11) (c) 3. and
22are not expended or encumbered for services under this subsection or sub. (11). The
23county shall notify the department of this decision and of the amount to be placed in
24the risk reserve. The county shall maintain the risk reserve in an interest-bearing
25escrow account with a financial institution, as defined in s. 69.30 (1) (b), if the
1department has approved the terms of the escrow. All interest from the principal
2shall be reinvested in the escrow account.
AB133-SSA1,571,73
2. The annual amount of a county's expenditure for a risk reserve, as specified
4in subd. 1., may not exceed 10% of the county's most recent allocation under pars.
5(am) and (b) and sub. (11) (c) 3. or $750,000, whichever is less. The total amount of
6the risk reserve, including interest, may not exceed 15% of the county's most recent
7allocation under this subsection.
AB133-SSA1,571,98
3. A county may expend funds maintained in a risk reserve, as specified in subd.
91., for any of the following purposes:
AB133-SSA1,571,1010
a. To defray costs of long-term community support services under this section.