SB55-ASA1-AA1,407,133
45.37
(10) (a) Except as otherwise provided in this subsection, the application
4and admission of any applicant admitted under this section shall constitute a valid
5and binding contract between
such a member and the department. If a member dies
6leaving a relative that is entitled to an interest in the property of the member under
7the rules of intestate succession or a will the existence of which is made known to the
8commandant of the home within 60 days of
such the member's death, the member's
9property shall constitute a part of the member's estate, except that personal effects
10of nominal monetary value of
such a deceased member who is not survived by a
11member spouse may be distributed by the commandant
of the home or the
12southeastern facility to surviving relatives of
such the member who request
such the 13personal effects within a reasonable time after
such
the member's death.
SB55-ASA1-AA1,408,715
45.37
(11) Disposition of property descending to state. If a member dies
16without a relative that is entitled to an interest in the property of the member under
17the rules of intestate succession and without leaving a will the existence of which is
18made known to the commandant of the home
or the southeastern facility, within 60
19days of the member's death, the member's property shall be converted to cash and
20turned over by the commandant of the home
or the southeastern facility, to the state
21treasurer to be paid into the appropriation under s. 20.485 (1) (h), without
22administration. The amount is subject to refund within 6 years to the estate of a
23veteran if it is subsequently discovered that the veteran left a will or a relative that
24is entitled to an interest in the property of the member under the rules of intestate
1succession or to any creditor of the veteran who establishes right to the fund or
2property or any portion thereof. The department, upon being satisfied that a claim
3out of such funds or property is legal and valid, shall pay the same out of such funds
4or property, except that payment of claims for a member's funeral and burial
5expenses may not exceed a total of $1,500 including any amount allowed by the
6United States for the member's funeral and burial and the right for burial and
7interment provided in sub. (15) (a).
SB55-ASA1-AA1,408,119
45.37
(14) Powers of commandant over personal funds of members. The A 10commandant
of the home may receive, disburse
, and account for funds of members
11of the home.".
SB55-ASA1-AA1,408,1714
46.03
(44) Performance evaluations for alcohol and other drug abuse
15intervention and treatment services. Promote efficient use of resources for alcohol
16and other drug abuse intervention and treatment services by doing all of the
17following:
SB55-ASA1-AA1,408,2018
(a) Developing one or more methods to evaluate the effectiveness of, and
19developing performance standards for, alcohol and other drug abuse intervention
20and treatment services that are administered by the department.
SB55-ASA1-AA1,409,221
(b) Adopting policies to ensure that, to the extent possible under state and
22federal law, funding for alcohol and other drug abuse intervention and treatment
23services that are administered by the department is distributed giving primary
1consideration to the effectiveness of the services in meeting department performance
2standards for alcohol and other drug abuse services.
SB55-ASA1-AA1,409,63
(c) Requiring every application for funding from the department for alcohol and
4other drug abuse intervention or treatment services to include a plan for the
5evaluation of the effectiveness of the services in reducing alcohol and other drug
6abuse by recipients of services.
SB55-ASA1-AA1,409,97
(d) Requiring every person receiving funding from the department for alcohol
8and other drug abuse intervention or treatment services to provide the department
9the results of the evaluation conducted under par. (c).".
SB55-ASA1-AA1,409,1912
46.041
(1) (a) Provide for the temporary residence and evaluation of children
13referred from courts assigned to exercise jurisdiction under chs. 48 and 938, the
14institutions and services under the jurisdiction of the department, University of
15Wisconsin Hospitals and Clinics Authority, county departments under s. 46.215,
1646.22 or 46.23, private child welfare agencies, the Wisconsin
School Educational
17Services Program for the Deaf
and Hard of Hearing, the Wisconsin Center for the
18Blind and Visually Impaired
, and mental health facilities within the state at the
19discretion of the director of the institution providing services under this section.".
SB55-ASA1-AA1,410,222
46.215
(1g) Administration of food stamps by a Wisconsin works agency. The
23Wisconsin works agency, as defined in s. 49.001 (9),
shall may, to the extent permitted
24by under federal law, and subject to s.
49.143 (2) (e) 49.124 (1d), certify eligibility for
1and
, if determined eligible, issue food coupons under s.
49.143 (2) (e) 49.124 (1d) to
2eligible participants in the Wisconsin works program under subch. III of ch. 49.
SB55-ASA1-AA1, s. 1494qed
3Section 1494qed. 46.215 (1g) of the statutes, as affected by 2001 Wisconsin
4Act .... (this act), is amended to read:
SB55-ASA1-AA1,410,95
46.215
(1g) Administration of food stamps by a Wisconsin works agency. The
6Wisconsin works agency, as defined in s. 49.001 (9), may, to the extent permitted
by 7under federal law, and subject to s.
49.124 (1d) 49.79 (1m), certify eligibility for and
8issue food coupons under s.
49.124 (1d) 49.79 (1m) to eligible participants in the
9Wisconsin works program under subch. III of ch. 49.".
SB55-ASA1-AA1,410,1513
46.27
(7g) (h) The department may contract with or employ an attorney to
14probate estates to recover under this subsection the costs of care.
Any such contract
15is subject to the requirements under s. 20.930 (2) to (5).".
SB55-ASA1-AA1,410,2318
46.27
(3) (f) Beginning on January 1, 1996, from the annual allocation to the
19county for the provision of long-term community support services under subs. (7) (b)
20and (11), annually establish a maximum total amount that may be encumbered in
21a calendar year for services for eligible individuals in community-based residential
22facilities
, unless the department waives the requirement under sub (2) (i) or
23approves a request for an exception under sub. (6r) (c).
SB55-ASA1-AA1,411,4
146.27
(7) (cm) 1. (intro.)
Except as provided sub. (7b), beginning Beginning on
2January 1, 1996, no county, private nonprofit agency or aging unit may use funds
3received under par. (b) to provide services in any community-based residential
4facility that has more than
8 20 beds, unless one of the following applies:
SB55-ASA1-AA1,411,96
46.27
(7) (cm) 1. c. The department approves the provision of services in a
7community-based residential facility that is initially licensed after July 29, 1995,
8that is licensed for
more than 20
or fewer beds and that meets standards established
9under subd. 2.
SB55-ASA1-AA1,411,1713
46.22
(1g) Administration of food stamps by a Wisconsin works agency. The
14Wisconsin works agency, as defined in s. 49.001 (9),
shall may, to the extent permitted
15by under federal law, and subject to s.
49.143 (2) (e) 49.124 (1d), certify eligibility for
16and issue food coupons under s.
49.143 (2) (e) 49.124 (1d) to eligible participants in
17the Wisconsin works program under subch. III of ch. 49.
SB55-ASA1-AA1, s. 1495mf
18Section 1495mf. 46.22 (1g) of the statutes, as affected by 2001 Wisconsin Act
19.... (this act), is amended to read:
SB55-ASA1-AA1,411,2420
46.22
(1g) Administration of food stamps by a Wisconsin works agency. The
21Wisconsin works agency, as defined in s. 49.001 (9), may, to the extent permitted
by 22under federal law, and subject to s.
49.124 (1d) 49.79 (1m), certify eligibility for and
23issue food coupons under s.
49.124 (1d) 49.79 (1m) to eligible participants in the
24Wisconsin works program under subch. III of ch. 49.".
SB55-ASA1-AA1,412,5
4"
Section 1505b. 46.27 (11) (c) 6. (intro.) and a. of the statutes are consolidated,
5renumbered 46.27 (11) (c) 6. a. and amended to read:
SB55-ASA1-AA1,412,116
46.27
(11) (c) 6. a. No county, private nonprofit agency or aging unit may use
7funds received under this subsection to provide residential services in
any
8community-based residential facility, as defined in s. 50.01 (1g), or a group home, as
9defined in s. 48.02 (7), that has more than
4 5 beds, unless
one of the following
10applies: a. The the department approves the provision of services in a
11community-based residential facility or group home that has
5 6 to 8 beds.
SB55-ASA1-AA1,412,1714
46.27
(11) (c) 6. b. No county, private nonprofit agency, or aging unit may use
15funds received under this subsection to provide residential services in a
16community-based residential facility, as defined in s. 50.01 (1g), that has more than
1720 beds, unless the requirements of sub. (7) (cm) 1. a., b., or c. are met.".
SB55-ASA1-AA1,412,19
19"
Section 1507s. 46.277 (5) (d) 1m. (intro.) of the statutes is amended to read:
SB55-ASA1-AA1,412,2320
46.277
(5) (d) 1m. (intro.) No county may use funds received under this section
21to provide services to a person who does not live in his or her own home or apartment
22unless, subject to the limitations under subds. 2.
and
, 3.
, and 4. and par. (e), one of
23the following applies:
SB55-ASA1-AA1,413,6
146.277
(5) (d) 1n. (intro.) A county may also use funds received under this
2section, subject to the limitations under subds. 2.
and
, 3.
, and 4. and par. (e), to
3provide services to a person who does not live in his or her own home or apartment
4if the services are provided to the person in a community-based residential facility
5and the county department or aging unit has determined that all of the following
6conditions have been met:
SB55-ASA1-AA1,413,118
46.277
(5) (d) 2. (intro.) No county may use funds received under this section
9to provide residential services in any community-based residential facility, as
10defined in s. 50.01 (1g),
or group home, as defined in s. 48.02 (7), that has more than
114 beds, unless one of the following applies:".
SB55-ASA1-AA1,413,14
13"
Section 1508b. 46.277 (5) (d) 2. a. of the statutes is repealed and recreated
14to read:
SB55-ASA1-AA1,413,1515
46.277
(5) (d) 2. a. The requirements of s. 46.27 (7) (cm) 1. a. or c. are met.
SB55-ASA1-AA1,413,2017
46.277
(5) (d) 4. No county may use funds received under this section to provide
18residential services in a group home, as defined in s. 48.02 (7), that has more than
195 beds, unless the department approves the provision of services in a group home that
20has 6 to 8 beds.".
SB55-ASA1-AA1,413,22
22"
Section 1508rg. 46.278 (title) and (1) of the statutes are amended to read:
SB55-ASA1-AA1,413,24
2346.278 (title)
Community integration program
and brain injury waiver
24program for persons with mental retardation developmental disabilities.
SB55-ASA1-AA1,414,12
1(1) Legislative intent. The intent of the
program programs under this section
2is to provide home or community-based care to serve in a noninstitutional
3community setting a person who meets eligibility requirements under
42 USC 1396n 4(c) and who is diagnosed as developmentally disabled under the definition specified
5in s. 51.01 (5) and relocated from an institution other than a state center for the
6developmentally disabled or who meets the intermediate care facility for the
7mentally retarded
or a brain injury rehabilitation facility level of care requirements
8for medical assistance reimbursement in an intermediate care facility for the
9mentally retarded
or brain injury rehabilitation facility and is ineligible for services
10under s. 46.275 or 46.277. The intent of the program is also that counties use all
11existing services for providing care under this section, including those services
12currently provided by counties.
SB55-ASA1-AA1,414,1614
46.278
(1m) (a) "Brain injury rehabilitation facility" means a nursing facility
15or hospital designated as a facility for brain injury rehabilitation by the department
16under the approved state medicaid plan.
SB55-ASA1-AA1,414,2018
46.278
(1m) (c) "Program" means the community integration program
or the
19brain injury waiver program, for facilities certified as medical assistance providers,
20for which a waiver has been received under sub. (3).
SB55-ASA1-AA1,415,422
46.278
(2) (a) The department may request
a waiver one or more waivers from
23the secretary of the federal department of health and human services, under
42 USC
241396n (c), authorizing the department to serve medical assistance recipients, who
25meet the level of care requirements for medical assistance reimbursement in an
1intermediate care facility for the mentally retarded
or in a brain injury rehabilitation
2facility, in their communities by providing home or community-based services as
3part of medical assistance. If the department requests a waiver, it shall include all
4assurances required under
42 USC 1396n (c) (2) in its request.
SB55-ASA1-AA1,415,86
46.278
(3) (a) Evaluate the effect of
the each program on medical assistance
7costs and on the program's ability to provide community care alternatives to
8institutional care in facilities certified as medical assistance providers.
SB55-ASA1-AA1,415,1610
46.278
(4) (a) Sections 46.27 (3) (b) and 46.275 (3) (a) and (c) to (e) apply to
11county participation in
this a program, except that services provided in the program
12shall substitute for care provided a person in an intermediate care facility for the
13mentally retarded
or brain injury rehabilitation facility who meets the intermediate
14care facility for the mentally retarded
or brain injury rehabilitation facility level of
15care requirements for medical assistance reimbursement to that facility rather than
16for care provided at a state center for the developmentally disabled.
SB55-ASA1-AA1,415,2218
46.278
(4) (b) 2. Each county department participating in
the a program shall
19provide home or community-based care to persons eligible under this section, except
20that the number of persons who receive home or community-based care under this
21section may not exceed the number that are approved under
the an applicable waiver
22received under sub. (3).
SB55-ASA1-AA1,416,824
46.278
(5) (a) Any medical assistance recipient who meets the level of care
25requirements for medical assistance reimbursement in an intermediate care facility
1for the mentally retarded
or in a brain injury rehabilitation facility and is ineligible
2for service under s. 46.275 or 46.277 is eligible to participate in
the a program,
except
3that persons eligible for the brain injury waiver program must meet the definition
4of brain injury under s. 51.01 (2g), and except that the number of participants may
5not exceed the number approved under the waiver received under sub. (3). Such a
6recipient may apply, or any person may apply on behalf of such a recipient, for
7participation in
the a program. Section 46.275 (4) (b) applies to participation in
the 8a program.
SB55-ASA1-AA1,416,169(b) To the extent authorized under
42 USC 1396n, if a person discontinues
10participation in
the a program, a medical assistance recipient may participate in
the 11a program in place of the participant who discontinues if that recipient meets the
12intermediate care facility for the mentally retarded level of care requirements for
13medical assistance reimbursement in an intermediate care facility for the mentally
14retarded except that the number of participants concurrently served may not exceed
15the number approved under the waiver received under sub. (3) requirements under
16par. (a).
SB55-ASA1-AA1,416,1918
46.278
(6) (a) The provisions of s. 46.275 (5) (a), (b) and (d) apply to funding
19received by counties under the
program programs.
SB55-ASA1-AA1,416,2120
(b) Total funding to counties for relocating each person under
the a program
21may not exceed the amount approved in the waiver received under sub. (3).
SB55-ASA1-AA1,416,2322
(c) Funding may be provided under
the a program for services of a family
23consortium.".
SB55-ASA1-AA1,417,53
46.278
(6) (e) 1. The department may provide enhanced reimbursement for
4services under the
community integration program for an individual who was
5relocated to the community by a county department from one of the following:
SB55-ASA1-AA1,417,117
46.278
(6) (f) If a county owns the institution or intermediate care facility for
8the mentally retarded from which an individual is relocated to the community under
9this section, in order to receive funding under the
community integration program,
10the county shall submit a plan for delicensing a bed of the institution or intermediate
11care facility for the mentally retarded that is approved by the department.".
SB55-ASA1-AA1,417,17
1446.34 Emission standards for hazardous air contaminants. The
15department may assist the department of
natural resources environmental
16management in the development of emission standards for hazardous air
17contaminants under s. 285.27 (2) (b).".