Amendment ASA1-SB55

SB55-ASA1,556,20 45.54 (2) Purpose. The purpose of the board is to approve schools and courses of instruction for the training of veterans of the armed forces and war orphans receiving assistance from the federal government, protect the general public by inspecting and approving private trade, correspondence, business, and technical schools doing business within this state whether located within or outside this state, changes of ownership or control of these schools, teaching locations used by these schools, and courses of instruction offered by these schools and to regulate the soliciting of students for correspondence or classroom courses and courses of instruction offered by these schools.

SB55-ASA1, s. 895 Section 895. 45.54 (6) of the statutes is renumbered 45.35 (9m), and 45.35 (9m) (a), as renumbered, is amended to read:

SB55-ASA1,557,3 45.35 (9m) (a) Except as provided in par. (b), the board department shall be the state approval agency for the education and training of veterans and war orphans. It The department shall approve and supervise schools and courses of instruction for their the training of veterans and war orphans under Title 38, USC, and may enter into and receive money under contracts with the U.S. department of veterans affairs or other appropriate federal agencies.

SB55-ASA1, s. 896 Section 896. 45.71 (16) (a) 2m. a. of the statutes is amended to read:

SB55-ASA1,557,11 45.71 (16) (a) 2m. a. Has been a resident of this state for any consecutive 5-year 12-month period after enlistment or induction into service and before the date of his or her application or death. If a person applying for a benefit under this subchapter meets that 5-consecutive-year the residency requirement of 12 consecutive months, the department may not require the person to reestablish that he or she meets the 5-consecutive-year that residency requirement when he or she applies for any other benefit under this chapter that requires a 5-consecutive-year that residency.

SB55-ASA1, s. 897 Section 897. 45.76 (1) (c) of the statutes is amended to read:

SB55-ASA1,557,16 45.76 (1) (c) Home improvements. A loan of not more than $25,000 to improve a home, including the construction of a garage or the removal or other alteration of existing improvements that were made to improve the accessibility of a home for a disabled individual.

SB55-ASA1, s. 898 Section 898. 45.79 (3) (b) of the statutes is amended to read:

SB55-ASA1,557,21 45.79 (3) (b) Casualty insurance coverage. Mortgages given to secure loans under this section shall provide for adequate fire and extended coverage insurance. Policies providing such insurance coverage shall name the authorized lender involved or the department as an insured.

SB55-ASA1, s. 899 Section 899. 45.79 (5) (a) 6. of the statutes is amended to read:

SB55-ASA1,558,13 45.79 (5) (a) 6. Require borrowers to make monthly escrow payments to be held by the authorized lender or the department for real estate taxes and casualty insurance premiums which. The authorized lender or, if the department holds the payments in escrow, the department shall be paid by the authorized lender where due to the extent of the amounts owing thereon or to the extent escrowed, whichever is less pay all of the amounts due for real estate taxes and casualty insurance premiums, even if the amount held in escrow is insufficient to cover the amounts due. If the amount held in escrow is insufficient to cover the amounts due, the authorized lender or, if the department holds the payments in escrow, the department shall recover from the borrower, after paying the amounts due under this subdivision, an amount equal to the difference between the amounts paid and the amount held in escrow. If the amount held in escrow is more than the amounts due, the authorized lender or, if the department holds the payments in escrow, the department shall refund to the borrower, after paying the amounts due under this subdivision, an amount equal to the difference between the amount held in escrow and the amounts paid by the authorized lender or the department.

SB55-ASA1, s. 900 Section 900. 45.79 (5) (a) 10. of the statutes is created to read:

SB55-ASA1,558,17 45.79 (5) (a) 10. Service loans made under this section and purchase from authorized lenders the servicing rights for loans made by authorized lenders under this section.

SB55-ASA1, s. 901 Section 901. 45.79 (5) (b) of the statutes is amended to read:

SB55-ASA1,559,2 45.79 (5) (b) 1. Persons Veterans receiving loans under this section shall pay at the time of closing an origination fee to the authorized lender participating in the loan, except that the department shall pay, on behalf of a veteran who receives a loan under this section and who has at least a 30% service connected disability rating for purposes of 38 USC 1114 or 1134, the origination fee to the authorized lender. The origination fee charged to borrowers under this section paragraph shall be negotiated between the department and the authorized lender but may not exceed that which the authorized lender would charge other borrowers in the ordinary course of business under the same or similar circumstances.

SB55-ASA1, s. 902 Section 902. 45.79 (7) (a) (intro.) of the statutes is amended to read:

SB55-ASA1,559,17 45.79 (7) (a) (intro.) There is created the veterans mortgage loan repayment fund. All moneys received by the department for the repayment of loans funded under sub. (6) (a) except for servicing fees required to be paid to authorized lenders, net proceeds from the sale of mortgaged properties, any repayment to the department of moneys paid to authorized lenders, gifts, grants, other appropriations, and interest earnings accruing thereon, any repayment of moneys borrowed under s. 45.356 (9) (a), all moneys received under sub. (5) (a) 6., and any moneys deposited or transferred under s. 18.04 (6) (b) or (d) shall be promptly deposited into the veterans mortgage loan repayment fund. The board shall establish by resolution a system of accounts providing for the maintenance and disbursement of moneys of the veterans mortgage loan repayment fund to fund loans under sub. (6) (a) or to fund, refund, or acquire public debt as provided in s. 18.04 (5). The system of accounts shall record and provide moneys for all of the following purposes:

SB55-ASA1, s. 903 Section 903. 45.79 (7) (a) 4. of the statutes is amended to read:

SB55-ASA1,559,22 45.79 (7) (a) 4. Payment of all costs incurred by the department in processing and servicing loans, purchasing servicing rights for loans under this section, and accounting for and administering the program under this section, including a portion of grants made to county veterans' service officers under s. 45.43 (7).

SB55-ASA1, s. 904 Section 904. 45.79 (7) (a) 10. of the statutes is created to read:

SB55-ASA1,560,3 45.79 (7) (a) 10. Payment of origination fees, on behalf of veterans who have at least a 30% service connected disability rating for purposes of 38 USC 1114 or 1134, to authorized lenders under sub. (5) (b).

SB55-ASA1, s. 905 Section 905. 45.79 (7) (a) 11. of the statutes is created to read:

SB55-ASA1,560,6 45.79 (7) (a) 11. To make payments required of the department under sub. (5) (a) 6.

SB55-ASA1, s. 906 Section 906. 46.03 (34) of the statutes is amended to read:

SB55-ASA1,560,13 46.03 (34) Fetal alcohol syndrome and drug danger pamphlets. The department shall acquire, without cost if possible, pamphlets that describe the causes and effects of fetal alcohol syndrome and the dangers to a fetus of the mother's use of cocaine or other drugs during pregnancy and shall distribute the pamphlets free of charge to each county clerk in sufficient quantities so that each county clerk may provide pamphlets to marriage license applicants under s. 765.12 (1) (a).

SB55-ASA1, s. 1483g Section 1483g. 46.03 (43) of the statutes is repealed.

SB55-ASA1, s. 1484m Section 1484m. 46.034 (3) of the statutes is amended to read:

SB55-ASA1,561,13 46.034 (3) With the agreement of the affected county board of supervisors in a county with a single-county department or boards of supervisors in counties with a multicounty department, effective for the contract period beginning January 1, 1980, the department may approve a county with a single-county department or counties participating in a multicounty department to administer a single consolidated aid consisting of the state and federal financial aid available to that county or those counties from appropriations under s. 20.435 (3) (o) and (7) (b), (kw) and (o) for services provided and purchased by county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437. Under such an agreement, in the interest of improved service coordination and effectiveness, the county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department may reallocate among county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437 funds that otherwise would be specified for use by a single county department. The budget under s. 46.031 (1) shall be the vehicle for expressing the proposed use of the single consolidated fund by the county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department. Approval by the department of this use of the fund shall be in the contract under s. 46.031 (2g). Counties that were selected by the department to pilot test consolidated aids for contract periods beginning January 1, 1978, may continue or terminate consolidation with the agreement of the affected county board of supervisors in a county with a single-county department or county boards of supervisors in counties with a multicounty department.

SB55-ASA1, s. 907 Section 907. 46.036 (5m) (a) 1. of the statutes is amended to read:

SB55-ASA1,561,20 46.036 (5m) (a) 1. "Provider" means a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17), and that contracts under this section to provide client services on the basis of a unit rate per client service or a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 that contracts under this section to provide client services on the basis of a unit rate per client service.

SB55-ASA1, s. 908 Section 908. 46.036 (5m) (b) 1. of the statutes is amended to read:

SB55-ASA1,562,5 46.036 (5m) (b) 1. Subject to subd. 2. and pars. (e) and (em), if revenue under a contract for the provision of a rate-based service exceeds allowable costs incurred in the contract period, the provider may retain from the surplus generated by that rate-based service up to 5% of the revenue received under the contract. A provider that retains a surplus under this subdivision shall use that retained surplus to cover a deficit between revenue and allowable costs incurred in any preceding or future contract period for the same rate-based service that generated the surplus or to address the programmatic needs of clients served by the same rate-based service that generated the surplus.

SB55-ASA1, s. 909 Section 909. 46.036 (5m) (b) 2. of the statutes is amended to read:

SB55-ASA1,562,19 46.036 (5m) (b) 2. A Subject to pars. (e) and (em), a provider may accumulate funds from more than one contract period under this paragraph, except that, if at the end of a contract period the amount accumulated from all contract periods for a rate-based service exceeds 10% of the revenue received under all current contracts for that rate-based service, the provider shall, at the request of a purchaser, return to that purchaser the purchaser's proportional share of that excess and use any of that excess that is not returned to a purchaser to reduce the provider's unit rate per client for that rate-based service in the next contract period. If a provider has held for 4 consecutive contract periods an accumulated reserve for a rate-based service that is equal to or exceeds 10% of the revenue received under all current contracts for that rate-based service, the provider shall apply 50% of that accumulated amount to reducing its unit rate per client for that rate-based service in the next contract period.

SB55-ASA1, s. 910 Section 910. 46.036 (5m) (e) of the statutes is amended to read:

SB55-ASA1,563,7 46.036 (5m) (e) Notwithstanding this subsection 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.

SB55-ASA1, s. 911 Section 911. 46.036 (5m) (em) of the statutes is created to read:

SB55-ASA1,563,15 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., 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.

SB55-ASA1, s. 912 Section 912. 46.043 (2) of the statutes is amended to read:

SB55-ASA1,564,2 46.043 (2) Services under this section may be provided only under contract between the department and a county department under s. 46. 215, 46.22 or 46.23, a school district or another public or private entity within the state to persons referred from those entities, at the discretion of the department. The department shall charge the referring entity all costs associated with providing the services. Unless a referral is made, the department may not offer services under this section to the person who is to receive the services or his or her family. The department may not impose a charge for services under this section upon the person receiving the services or his or her family. The department shall credit any revenues received under this section to the appropriation account under s. 20.435 (2) (gk) (g).

SB55-ASA1, s. 913 Section 913. 46.057 (2) of the statutes is amended to read:

SB55-ASA1,564,13 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) $1,273,900 $1,379,300 in fiscal year 1999-2000 2001-02 and $1,379,300 in fiscal year 2000-01 2002-03 and, from the appropriation account under s. 20.410 (3) (hm), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $2,489,300 $2,694,400 in fiscal year 1999-2000 2001-02 and $2,489,900 $2,947,200 in fiscal year 2000-01 2002-03 for services for juveniles placed at the Mendota juvenile treatment center. The department of health and family services may charge the department of corrections not more than the actual cost of providing those services.

SB55-ASA1, s. 914 Section 914. 46.10 (8m) (b) 2. of the statutes is amended to read:

SB55-ASA1,564,17 46.10 (8m) (b) 2. Paragraph (a) 2. and 4. does not apply to services provided under s. 51.06 (1) (1m) (d) that are billed under s. 51.437 (4rm) (c) 2m. and does not apply to treatment and services provided under s. 51.42 (3) (aw) 1. d.

SB55-ASA1, s. 1494m Section 1494m. 46.215 (1) (k) of the statutes is amended to read:

SB55-ASA1,564,22 46.215 (1) (k) Except as provided under sub. (1g), certify Certify eligibility for and issue food coupons to needy households in conformity with the federal food stamp act of 1964 as amended, and, in addition, the county department of social services may certify eligibility for and distribute surplus commodities and food stuffs.

SB55-ASA1, s. 1494q Section 1494q. 46.215 (1g) of the statutes is repealed.

SB55-ASA1, s. 1494r Section 1494r. 46.215 (2) (c) 1. of the statutes is amended to read:

SB55-ASA1,565,12 46.215 (2) (c) 1. A county department of social services shall develop, under the requirements of s. 46.036, plans and contracts for care and services to be purchased, except for care and services under subch. III of ch. 49 or s. 301.08 (2). The department of health and family 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 purposes. The joint committee on finance may require the department of health and family services to submit the contracts to the committee for review and approval. The department of health and family services may not make any payments to a county for programs included in a contract under review by the committee. The department of health and family services shall reimburse each county for the contracts from the appropriations under s. 20.435 (3) (o) and (7) (b), (kw) and (o), as appropriate, under s. 46.495.

SB55-ASA1, s. 1494t Section 1494t. 46.22 (1) (b) 2. d. of the statutes is amended to read:

SB55-ASA1,565,15 46.22 (1) (b) 2. d. Except as provided in sub. (1g), to To certify eligibility for and issue food coupons to needy households in conformity with 7 USC 2011 to 2029.

SB55-ASA1, s. 1495g Section 1495g. 46.22 (1) (e) 3. a. of the statutes is amended to read:

SB55-ASA1,566,3 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 care and services, except under subch. III of ch. 49 and s. 301.08 (2), to be purchased. The department of health and family 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 purposes. The joint committee on finance may require the department of health and family services to submit the contracts to the committee for review and approval. The department of health and family 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 and family services shall reimburse each county for the contracts from the appropriations under s. 20.435 (3) (o) and (7) (b), (kw) and (o) according to s. 46.495.

SB55-ASA1, s. 1495m Section 1495m. 46.22 (1g) of the statutes is repealed.

SB55-ASA1, s. 915 Section 915. 46.27 (9) (a) of the statutes is amended to read:

SB55-ASA1,566,14 46.27 (9) (a) The department may select up to 5 counties that volunteer to participate in a pilot project under which they will receive certain funds allocated for long-term care. The department shall allocate a level of funds to these counties equal to the amount that would otherwise be paid under s. 20.435 (4) (b) or (w) to nursing homes for providing care because of increased utilization of nursing home services, as estimated by the department. In estimating these levels, the department shall exclude any increased utilization of services provided by state centers for the developmentally disabled. The department shall calculate these amounts on a calendar year basis under sub. (10).

SB55-ASA1, s. 916 Section 916. 46.27 (10) (a) 1. of the statutes is amended to read:

SB55-ASA1,566,20 46.27 (10) (a) 1. The department shall determine for each county participating in the pilot project under sub. (9) a funding level of state medical assistance expenditures to be received by the county. This level shall equal the amount that the department determines would otherwise be paid under s. 20.435 (4) (b) or (w) because of increased utilization of nursing home services, as estimated by the department.

SB55-ASA1, s. 917 Section 917. 46.27 (11) (c) 6. a. of the statutes is amended to read:

SB55-ASA1,566,24 46.27 (11) (c) 6. a. The department approves the provision of services in a community-based residential facility or group home that has 5 to 8 beds or in a community-based residential facility that has 5 to 20 beds.

SB55-ASA1, s. 918 Section 918. 46.275 (5) (a) of the statutes is amended to read:

SB55-ASA1,567,6 46.275 (5) (a) Medical assistance reimbursement for services a county, or the department under sub. (3r), provides under this program is available from the appropriations under s. 20.435 (4) (b) and, (o), and (w). If 2 or more counties jointly contract to provide services under this program and the department approves the contract, medical assistance reimbursement is also available for services provided jointly by these counties.

SB55-ASA1, s. 919 Section 919. 46.275 (5) (c) of the statutes is amended to read:

SB55-ASA1,567,14 46.275 (5) (c) The total allocation under s. 20.435 (4) (b) and, (o), and (w) to counties and to the department under sub. (3r) for services provided under this section may not exceed the amount approved by the federal department of health and human services. A county may use funds received under this section only to provide services to persons who meet the requirements under sub. (4) and may not use unexpended funds received under this section to serve other developmentally disabled persons residing in the county.

SB55-ASA1, s. 920 Section 920. 46.277 (5) (d) 2. a. of the statutes is amended to read:

SB55-ASA1,567,18 46.277 (5) (d) 2. a. The department approves the provision of services in a community-based residential facility or group home that has 5 to 8 beds or in a community-based residential facility that has 5 to 20 beds.

SB55-ASA1, s. 921 Section 921. 46.278 (6) (d) of the statutes is amended to read:

SB55-ASA1,567,25 46.278 (6) (d) If a county makes available nonfederal funds equal to the state share of service costs under the waiver received under sub. (3), the department may, from the appropriation under s. 20.435 (4) (o), provide reimbursement for services that the county provides under this section to persons who are in addition to those who may be served under this section with funds from the appropriation under s. 20.435 (4) (b) or (w).

SB55-ASA1, s. 1520d Section 1520d. 46.282 (3) (a) 2. a. of the statutes is amended to read:

SB55-ASA1,568,7 46.282 (3) (a) 2. a. In the years 2000 and 2001 Before July 1, 2003, under criteria that the department prescribes, after consulting with the council on long-term care, evaluate the performance of the care management organization or organizations in the area of the local long-term care council and determine whether additional care management organizations are needed in the area and, if so, recommend this to the department.

SB55-ASA1, s. 1520e Section 1520e. 46.282 (3) (a) 2. b. of the statutes is amended to read:

SB55-ASA1,568,13 46.282 (3) (a) 2. b. In the year 2002 and thereafter After June 30, 2003, under criteria that the department prescribes, evaluate the performance of the care management organization or organizations in the area of the local long-term care council and determine whether additional care management organizations are needed in the area and, if so recommend this to the department.

SB55-ASA1, s. 1520w Section 1520w. 46.282 (3) (a) 15. of the statutes is amended to read:

SB55-ASA1,568,17 46.282 (3) (a) 15. Annually report to the department and, before July 1, 2001 2003, to the council on long-term care council concerning significant achievements and problems in the local long-term care system.

SB55-ASA1, s. 922 Section 922. 46.283 (5) of the statutes is amended to read:

SB55-ASA1,568,22 46.283 (5) Funding. From the appropriation accounts under s. 20.435 (4) (b), (bm) and, (pa), and (w) and (7) (b), (bd), and (md), the department may contract with organizations that meet standards under sub. (3) for performance of the duties under sub. (4) and shall distribute funds for services provided by resource centers.

SB55-ASA1, s. 923 Section 923. 46.284 (5) (a) of the statutes is amended to read:

SB55-ASA1,569,5 46.284 (5) (a) From the appropriation accounts under s. 20.435 (4) (b), (g) and, (im), (o), and (w) and (7) (b) and (bd), the department shall provide funding on a capitated payment basis for the provision of services under this section. Notwithstanding s. 46.036 (3) and (5m), a care management organization that is under contract with the department may expend the funds, consistent with this section, including providing payment, on a capitated basis, to providers of services under the family care benefit.

SB55-ASA1, s. 924 Section 924. 46.286 (1) (a) 2. (intro.) of the statutes is amended to read:

SB55-ASA1,569,15 46.286 (1) (a) 2. (intro.) The person has a condition that is expected to last at least 90 days or result in death within 12 months after the date of application but that does not meet the level specified under subd. 1. a. or b.; the person first applies for eligibility for the family care benefit within 36 months after the date on which the family care benefit is initially available in the person's county residence; and, on the date that the family care benefit became available in the person's county of residence, the person was a resident in a nursing home or had been receiving for at least 60 days, under a written plan of care, long-term care services, as specified by the department, that were funded under any of the following:

SB55-ASA1, s. 925 Section 925. 46.286 (1m) of the statutes is amended to read:

SB55-ASA1,569,22 46.286 (1m) Eligibility exception. A person whose primary disabling condition is developmental disability is eligible for the family care benefit if the person is a resident of a county or is a member of a tribe or band that has operated, before July 1, 2001 2003, a care management organization under s. 46.281 (1) (d), is at least 18 years of age and meets all other eligibility criteria under this subsection sub. (1) (a) and (b).

SB55-ASA1, s. 926 Section 926. 46.286 (3) (a) (intro.) of the statutes is amended to read:

SB55-ASA1,570,5 46.286 (3) (a) (intro.) Subject to pars. (c) and (d), a person is entitled to and may receive the family care benefit through enrollment in a care management organization if, except as provided in subd. 5., he or she meets the requirements of sub. (1) (intro.) is at least 18 years of age, has a physical disability, as defined in s. 15.197 (4) (a) 2., or infirmities of aging, as defined in s. 55.01 (3), is financially eligible, fulfills any applicable cost-sharing requirements and meets any of the following criteria:

SB55-ASA1, s. 927 Section 927. 46.286 (3) (a) 6. of the statutes is created to read:

SB55-ASA1,570,8 46.286 (3) (a) 6. Is functionally eligible at the intermediate level and meets all of the following criteria:

SB55-ASA1,570,13 a. On the date on which the family care benefit is initially available in the person's county of residence, is a resident in a nursing home or has been receiving for at least 60 days, under a written plan of care, long-term care services, as specified by the department, which are funded as specified under sub. (1) (a) 2. a., b., c., d., or e.

SB55-ASA1,570,15 b. Enrolls within 36 months after the date on which the family care benefit is initially available in the person's county of residence.

SB55-ASA1, s. 928 Section 928. 46.286 (3) (d) of the statutes is amended to read: