Amendment ASA1-SB55

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:

SB55-ASA1,570,22 46.286 (3) (d) The department shall determine the date, which shall not be later than July 1, 2000 January 1, 2004, on which par. (a) shall first apply to persons who are not eligible for medical assistance under ch. 49. Before the date determined by the department, persons who are not eligible for medical assistance may receive the family care benefit within the limits of state funds appropriated for this purpose and available federal funds.

SB55-ASA1, s. 1553b Section 1553b. 46.29 (1) (f) of the statutes is repealed.

SB55-ASA1, s. 1553t Section 1553t. 46.40 (1) (a) of the statutes is amended to read:

SB55-ASA1,571,6 46.40 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.435 (3) (o) and (7) (b), (kw) 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, 46.985, and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437 and to county aging units, as provided in subs. (2), (2m), and (7) to (9).

SB55-ASA1, s. 1554d Section 1554d. 46.40 (2) of the statutes is amended to read:

SB55-ASA1,571,11 46.40 (2) Basic county allocation. Subject to sub. (9), for social services under s. 46.495 (1) (d) and services under s. 51.423 (2), the department shall distribute not more than $284,978,800 $244,745,200 for fiscal year 1999-2000 2001-02 and $285,511,800 $244,703,400 for fiscal year 2000-01 2002-03.

SB55-ASA1, s. 929 Section 929. 46.40 (2m) (a) of the statutes is amended to read:

SB55-ASA1,571,16 46.40 (2m) (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 $11,318,700 $9,735,700 in each fiscal year.

SB55-ASA1, s. 1555w Section 1555w. 46.40 (7) of the statutes is amended to read:

SB55-ASA1,571,21 46.40 (7) Family support allocation. For family support programs for the families of disabled children under s. 46.985, the department shall distribute not more than $4,339,800 $4,589,800 in each fiscal year 2001-02 and not more than $5,089,800 in fiscal year 2002-03 and in each fiscal year thereafter.

SB55-ASA1, s. 930 Section 930. 46.40 (8) of the statutes is amended to read:

SB55-ASA1,572,2 46.40 (8) Alzheimer's family and caregiver support allocation. Subject to sub. (9), for services to persons with Alzheimer's disease and their caregivers under s. 46.87, the department shall distribute not more than $1,993,400 for fiscal year 1999-2000 and $2,226,300 for fiscal year 2000-01 $2,342,800 in each fiscal year.

SB55-ASA1, s. 1557j Section 1557j. 46.46 (1) of the statutes is renumbered 46.46 and amended to read:

SB55-ASA1,572,10 46.46 Expenditure of income augmentation services receipts. From the appropriation account under s. 20.435 (8) (mb), the department shall support costs that are exclusively related to the operational costs of augmenting the amount of moneys received under 42 USC 670 to 679a, 42 USC 1395 to 1395ddd, and 42 USC 1396 to 1396v. In addition, the department may expend moneys from the appropriation account under s. 20.435 (8) (mb) as provided in sub. (2).

SB55-ASA1, s. 1557k Section 1557k. 46.46 (2) of the statutes is repealed.

SB55-ASA1, s. 931 Section 931. 46.48 (10) of the statutes is repealed.

SB55-ASA1, s. 932 Section 932. 46.48 (30) (a) of the statutes is amended to read:

SB55-ASA1,573,3 46.48 (30) (a) From the appropriation under s. 20.435 (7) (bc), the department shall distribute up to $6,000,000 annually as grants on a competitive basis to county departments of social services and to private nonprofit organizations, as defined in s. 103.21 (2), for the provision of alcohol and other drug abuse treatment services in counties with a population of 500,000 or more. Grants distributed under this subsection may be used only to provide treatment for alcohol and other drug abuse to individuals who are eligible for federal temporary assistance for needy families under 42 USC 601 et. seq. and who have a family income of not more than 200% of the poverty line, as defined in s. 49.001 (5). At least $2,000,000 annually in funding for grants awarded under this paragraph shall be awarded to Milwaukee County or to a private nonprofit organization within Milwaukee County, and the remainder shall be awarded, based on the statewide distribution of individuals who have a family income of not more than 200% of the poverty line, to counties, including Milwaukee County, and to private nonprofit organizations, including private nonprofit organizations within Milwaukee County.

SB55-ASA1, s. 1559t Section 1559t. 46.495 (1) (am) of the statutes is amended to read:

SB55-ASA1,573,9 46.495 (1) (am) The department shall reimburse each county from the appropriations under s. 20.435 (3) (o) and (7) (b), (kw) and (o) for social services as approved by the department under ss. 46.215 (1), (2) (c) 1., and (3) and 46.22 (1) (b) 1. d. and (e) 3. a. except that no reimbursement may be made for the administration of or aid granted under s. 49.02.

SB55-ASA1, s. 1560d Section 1560d. 46.495 (1) (d) of the statutes is amended to read:

SB55-ASA1,574,4 46.495 (1) (d) From the appropriations under s. 20.435 (3) (o) and (7) (b), (kw) and (o), the department shall distribute the funding for social services, including funding for foster care or treatment foster care of a child on whose behalf aid is received under s. 46.261, to county departments under ss. 46.215, 46.22, and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2), (8), and (9) (b). Each county's required match for the distributions under s. 46.40 (2) and (8) for a year equals 9.89% of the total of the county's distributions under s. 46.40 (2) and (8) for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Each county's required match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that county's amounts described in s. 46.40 (9) (a) (intro.) for that year. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

SB55-ASA1, s. 933 Section 933. 46.52 of the statutes is amended to read:

SB55-ASA1,574,22 46.52 Systems change grants. From the appropriation under s. 20.435 (7) (md), the department may not distribute more than $350,000 in each fiscal year to counties to assist in relocating individuals with mental illness from institutional or residential care to less restrictive and more cost-effective community settings and services. The department shall distribute funds to each grant recipient under this section so as to permit initial phasing in of community services recovery-oriented system changes, prevention and early intervention strategies, and consumer and family involvement for individuals with mental illness who are relocated or diverted from institutional or residential care and. At least 10% of the funds distributed shall be for children with mental illness. The department shall eliminate the funding for a recipient at the end of a period of not more than 5 3 years in order to provide funding to benefit another county recipient. The department shall require that the community services that are developed under this section are continued, following termination of a county's funding under this section, by use of funding savings made available to the county from reduced institutional and residential care utilization from incorporating recovery, prevention and early intervention strategies, and consumer and family involvement in the services.

SB55-ASA1, s. 1562d Section 1562d. 46.54 of the statutes is amended to read:

SB55-ASA1,575,4 46.54 Consumer and family self-help and peer-support programs. From the appropriation under s. 20.435 (7) (md), the department may not distribute more than $480,000 $874,000 in each fiscal year to increase support for mental health family support projects, employment projects operated by consumers of mental health services, mental health crisis intervention and drop-in projects, and public mental health information activities.

SB55-ASA1, s. 1568d Section 1568d. 46.86 (6) (a) (intro.) of the statutes is amended to read:

SB55-ASA1,575,13 46.86 (6) (a) (intro.) From the appropriation under s. 20.435 (7) (md), the department may award not more than $1,167,900 in each fiscal year up to $1,369,000 in fiscal year 2001-02 and up to $1,330,800 in fiscal year 2002-03 and in each fiscal year thereafter, and from the appropriation under s. 20.435 (6) (gb), the department may award not more than $231,300 in fiscal year 2001-02 and not more than $319,500 in fiscal year 2002-03 and in each fiscal year thereafter, as grants to counties and private entities to provide community-based alcohol and other drug abuse treatment programs that do all of the following:

SB55-ASA1, s. 1568m Section 1568m. 46.87 (2) of the statutes is amended to read:

SB55-ASA1,575,18 46.87 (2) From the appropriations under s. 20.435 (7) (b), (kw) and (o), the department shall allocate funds to agencies designated under sub. (3) (c), to be used for the administration and implementation of an Alzheimer's family and caregiver support program for persons with Alzheimer's disease and their caregivers.

SB55-ASA1, s. 934 Section 934. 46.93 (1m) (b) of the statutes is amended to read: