SB55-ASA1-AA1,1411,5 14"(1) Court-ordered relative placement permanency plans. Notwithstanding
15sections 48.38 (3) and 938.38 (3) of the statutes, for children or juveniles who are
16living in the home of a relative, as defined in section 48.02 (15) or 938.02 (15) of the
17statutes, under an order of the court assigned to exercise jurisdiction under chapters
1848 and 938 of the statutes, as affected by this act, on the day before the effective date
19of this subsection, the agency assigned primary responsibility for providing services
20to those children or juveniles under section 48.355 or 938.355 of the statutes shall
21file a permanency plan with that court with respect to not less than 33% of those
22children or juveniles by November 1, 2001, with respect to not less than 67% of those
23children or juveniles by January 1, 2002, and with respect to all of those children or
24juveniles by March 1, 2002, giving priority to those children or juveniles who have

1been living in the home of a relative for the longest period of time. Notwithstanding
2section 48.38 (5) (a) of the statutes, as affected by this act, and section 938.38 (5) (a)
3of the statutes, as affected by this act, a permanency plan filed under this subsection
4shall be reviewed within 6 months after the date on which the permanency plan is
5filed.".
SB55-ASA1-AA1,1411,6 61916. Page 1335, line 7: after "to" insert "attempt to".
SB55-ASA1-AA1,1411,12 71917. Page 1336, line 2: delete lines 2 to 4 and substitute "Services. If after
8supporting the costs specified in section 46.46 of the statutes, as affected by this act,
9and lapsing the amounts specified in Section 9223 (4z) (b) and (5zk) of this act there
10remain any moneys in the appropriation account under section 20.435 (8) (mb) of the
11of the statutes, as affected by this act, those remaining moneys are allocated for costs
12associated with transferring cases of children in".
SB55-ASA1-AA1,1411,15 131918. Page 1336, line 12: after "administration." insert "The department of
14health and family services may propose expending or encumbering no more than
15$2,933,700 under this subsection.".
SB55-ASA1-AA1,1411,16 161919. Page 1337, line 15: delete "2002" and substitute "2003".
SB55-ASA1-AA1,1411,17 171920. Page 1338, line 2: after that line insert:
SB55-ASA1-AA1,1411,23 18"(9wo) Report on potential badger care health care programs savings. The
19department of health and family services shall study the potential for long-term
20savings under the badger care health care program under section 49.665 of the
21statutes, as affected by this act. No later than January 1, 2002, the department of
22health and family services shall report the results of the study, together with its
23findings and recommendations, to the joint committee on finance.".
SB55-ASA1-AA1,1411,24 241921. Page 1338, line 15: after that line insert:
SB55-ASA1-AA1,1412,1
1"(10w) Increased funding for domestic abuse programs.
SB55-ASA1-AA1,1412,5 2(a) Notwithstanding section 46.95 (2) of the statutes, the department of health
3and family services shall increase by $125,000 in each fiscal year of the 2001-03
4fiscal biennium the overall amount provided in grants, under its domestic abuse
5grants program, for all of the following:
SB55-ASA1-AA1,1412,6 61. Basic services.
SB55-ASA1-AA1,1412,7 72. Children's programming.
SB55-ASA1-AA1,1412,8 83. Expansion and satellite programs.
SB55-ASA1-AA1,1412,9 94. Tribal programs.
SB55-ASA1-AA1,1412,10 105. Underrepresented populations.
SB55-ASA1-AA1,1412,11 116. Training and technical assistance.
SB55-ASA1-AA1,1412,14 12(b) The department of health and family services shall increase the amount
13provided for each of the purposes specified under paragraph (a) by the same
14percentage.".
SB55-ASA1-AA1,1412,15 151922. Page 1338, line 16: delete lines 16 to 20.
SB55-ASA1-AA1,1412,16 161923. Page 1338, line 20: after that line insert:
SB55-ASA1-AA1,1412,24 17"(17g) Badger care health care program waiver; insurance verification. Not
18later than January 1, 2002, the department of health and family services shall
19request a waiver from the federal secretary of health and human services to permit
20the department to verify whether a family, or child who does not reside with a parent,
21has access or has had access to employer-subsidized health care within the time
22period established under section 49.665 (4) (a) 3. of the statutes, prior to enrolling
23the family or child in the badger care health care program under section 49.665 of
24the statutes.
SB55-ASA1-AA1,1413,8
1(17h) Badger care health care program waiver; eligibility. Not later than
2January 1, 2002, the department of health and family services shall request a waiver
3from the federal secretary of health and human services to increase the period of time
4that a family, or a child who does not reside with a parent, is required to be without
5employer-subsidized health care coverage before the family or child is eligible for the
6badger care health care program under section 49.665 of the statutes, as affected by
7this act. The waiver shall request that the period of time be increased to all of the
8following:
SB55-ASA1-AA1,1413,109 (a) Except as provided in paragraphs (), (), and ( ), 6
10months.
SB55-ASA1-AA1,1413,1611 (b) If the family or child had employer-subsidized health care coverage during
12the 6 months immediately preceding the date on which the family or child applies
13for the badger care health care program, but the family or child no longer has the
14health care coverage because the coverage was terminated, and the termination was
15not the fault of the family or child, as determined by the department of heath and
16family services, 45 days.
SB55-ASA1-AA1,1413,2217 (c) If the family or child had employer-subsidized health care coverage during
18the 6 months immediately preceding the date on which the family or child applies
19for the badger care health care program, but the family or child no longer has the
20health care coverage because the family or child has exhausted the health care
21coverage available under 42 USC 300bb-1 to 300bb-8 as provided in 29 CFR
222590.701
-2 (4), at least 3 months.
SB55-ASA1-AA1,1414,223 (d) If the family or child had employer-subsidized health care coverage during
24the 6 months immediately preceding the date on which the family or child applies

1for the badger care health care program, but the family or child no longer has that
2health care coverage because of the termination of employment, at least 3 months.".
SB55-ASA1-AA1,1414,3 31924. Page 1338, line 20: after that line insert:
SB55-ASA1-AA1,1414,18 4"(19g) Comprehensive quality assessment pilot project. By January 1, 2002,
5the department of health and family services shall submit for review by the
6appropriate standing committees of each house of the legislature, as determined by
7the presiding officer of each house, a request to the federal department of health and
8human services for a waiver, under 42 USC 1315 (a), of federal medical assistance
9laws to permit nursing facilities, as approved by the department of health and family
10services, to participate in the counties of Brown, Grant, Polk, and Waukesha in a
11pilot project under section 49.4981 of the statutes, as created by this act, under which
12comprehensive assessments of the quality of care provided to residents of the nursing
13facilities that are conducted by a private entity would, if approved by the department
14of health and family services, be used in lieu of annual surveys conducted by the
15department. The department of health and family services may not submit the
16request for a waiver, as specified in this subsection, to the federal department of
17health and human services unless the request is approved by the appropriate
18standing committees of the legislature that review the request.".
SB55-ASA1-AA1,1414,19 191925. Page 1338, line 20: after that line insert:
SB55-ASA1-AA1,1415,2 20"(16r) Plan for services for persons with developmental disabilities. The
21department of health and family services shall develop a plan to administer and fund
22services for persons with developmental disabilities. The plan, which shall include
23any recommended statutory language changes that are needed to implement the
24plan, shall be included in that department's budget request that is submitted to the

1department of administration for the 2003-05 biennium. The plan shall include the
2following components:
SB55-ASA1-AA1,1415,83 (a) Institutional and community-based services for persons with
4developmental disabilities shall be administered within one administrative subunit
5of the department of health and family services. The subunit that is designated to
6administer these services shall be the subunit that is administering
7community-based services for persons with developmental disabilities on the
8effective date of this paragraph.
SB55-ASA1-AA1,1415,149 (b) Funding under the medical assistance program for institutional services
10and home and community-based waiver services for persons with developmental
11disabilities shall be combined into one appropriation, to the extent permissible under
12federal law. The funding in this appropriation may not be tied to any specific
13program or service setting, but shall be individually tailored to enable the person to
14live in the least restrictive setting appropriate to his or her needs and preferences.
SB55-ASA1-AA1,1415,22 15(16rq) Medical assistance waivers for developmental disabilities services.
16The department of health and family services shall determine whether any new
17waivers under the medical assistance program are necessary to administer funding
18for medical assistance services as described in subsection (16r) (b). That department
19shall apply for any waivers of federal medical assistance statutes and regulations
20from the federal department of health and human services that the department of
21health and family services determines are necessary to administer funding for
22medical assistance services as described in subsection (16r) (b).
SB55-ASA1-AA1,1416,2 23(16rr) Written plans of care for personal care services; rules. The
24department of health and family services shall submit in proposed form the rules
25required under section 49.45 (2) (a) 24. of the statutes, as created by this act, to the

1legislative council staff under section 227.15 (1) of the statutes no later than the first
2day of the fourth month beginning after the effective date of this subsection.
SB55-ASA1-AA1,1416,3 3(16rs) Pilot program for long-term care of children with disabilities.
SB55-ASA1-AA1,1416,4 4(a) In this subsection:
SB55-ASA1-AA1,1416,7 51. "Administering agency" means a county department under section 46.23,
651.42, or 51.437 of the statutes or a human services agency that administers the
7program under a contract with such a county department.
SB55-ASA1-AA1,1416,9 82. "Program" means a pilot program that provides a system of long-term care
9for children with disabilities and their families.
SB55-ASA1-AA1,1416,1410 (b) The department of health and family services shall, as soon as possible
11before July 1, 2002, seek waivers of federal medical assistance statutes and
12regulations from the federal department of health and human services that are
13necessary to implement, in pilot sites, the program. If the waivers are granted, the
14program shall have all of the following characteristics:
SB55-ASA1-AA1,1416,2015 1. Eligibility under sections 46.27 (11), 46.275, 46.277, 46.278, 46.985, and
1651.44 of the statutes shall be expanded to include children with severe disabilities
17and long-term care needs and children eligible for medical assistance with high
18medical costs, and medical assistance coverage of services shall be expanded to
19include services focused on the needs of children with developmental disabilities and
20their families.
SB55-ASA1-AA1,1416,2221 2. The administration of the program shall be consistent with section 46.985
22of the statutes, including a family-centered assessment and planning process.
SB55-ASA1-AA1,1417,223 3. The program shall operate within rate settings based upon a child's level of
24care and support needs. The department of health and family services shall

1promulgate rules that specify rates that are consistent with federal medical
2assistance home and community-based waiver regulations.
SB55-ASA1-AA1,1417,53 4. The department of health and family services shall coordinate supports and
4services under the program with the medical assistance fee-for-service system,
5including the prior authorization process.
SB55-ASA1-AA1,1417,66 5. The lead agency for the program shall be an administering agency.
SB55-ASA1-AA1,1417,97 6. Counties in which the program is located shall provide, contract for the
8provision of, organize, or arrange for long-term care supports for eligible children up
9to age 24 years, consistent with section 46.985 (1) (b) and (6) (f) of the statutes.
SB55-ASA1-AA1,1417,1110 7. Information and assistance services operated under the program shall
11provide, contract, or arrange for the provision of all of the following:
SB55-ASA1-AA1,1417,1312 a. Information and referral services and other assistance at hours that are
13convenient for the public.
SB55-ASA1-AA1,1417,1414 b. Within the limits of available funding, prevention and intervention services.
SB55-ASA1-AA1,1417,1515 c. Counseling concerning public and private benefits programs.
SB55-ASA1-AA1,1417,1716 d. Assistance with understanding rights of children and parents within the
17long-term care system.
SB55-ASA1-AA1,1417,2018 8. The administering agency shall determine functional and financial
19eligibility for the program by coordinating with the department of health and family
20services in completing all of the following:
SB55-ASA1-AA1,1417,2221 a. A determination of functional eligibility for the children's long-term support
22benefit.
SB55-ASA1-AA1,1417,2523 b. A determination of financial eligibility and of the maximum amount of cost
24sharing required for a family who is seeking long-term care services, under
25standards prescribed by the department of health and family services.
SB55-ASA1-AA1,1418,3
1c. Assistance to a child who is eligible for a long-term support benefit and to
2the child's family with respect to the choice of whether or not to participate in the
3waiver pilot.
SB55-ASA1-AA1,1418,54 d. Assistance in enrolling in the program, for families who choose to enroll their
5children.
SB55-ASA1-AA1,1418,76 9. The cost of the program may not exceed the cost of existing services under
7sections 46.27 (11), 46.275, 46.277, 46.278, 46.985, and 51.44 of the statutes.
SB55-ASA1-AA1,1418,108 10. The program shall blend the costs per child served in the areas of the sites
9in which services are provided under sections 46.27 (11), 46.275, 46.277, 46.278,
1046.985, and 51.44 of the statutes.
SB55-ASA1-AA1,1418,1211 11. The department of health and family services may develop a methodology
12to distribute funding under the program on a per child per month basis.
SB55-ASA1-AA1,1418,1413 12. The department of health and family services shall reinvest into the
14children's long-term support system any funding saved by this new methodology.
SB55-ASA1-AA1,1418,1815 13. The department of health and family services shall equitably assign
16priority on any necessary waiting lists, consistent with criteria prescribed by that
17department, for children who are eligible for the program, but for whom resources
18are not available.
SB55-ASA1-AA1,1418,2119 14. The department of health and family services shall provide transitional
20services to families whose children with physical or developmental disabilities are
21preparing to enter the adult service system.
SB55-ASA1-AA1,1418,2522 15. The department of health and family services shall determine eligibility for
23program applicants for state supplemental payments under section 49.77 of the
24statutes, medical assistance under section 49.46 of the statutes, and the federal food
25stamp program under 7 USC 2011 to 2029.
SB55-ASA1-AA1,1419,8
1(c) If the federal waivers specified under paragraph (b) are approved, the
2department of health and family services shall, as soon as possible before July 1,
32002, seek enactment of statutory language, including appropriation of necessary
4funding, to implement the model described under paragraph (b), as approved under
5the federal waivers. Any new resources for supports and services for long-term care
6for children with disabilities and their families shall be managed under the program
7after approval of the federal waivers specified in paragraph (b) and enactment of
8necessary statutory language to implement the model under paragraph (b).".
SB55-ASA1-AA1,1419,9 91926. Page 1338, line 20: after that line insert:
SB55-ASA1-AA1,1419,13 10"(15e) Fifth standard for emergency detention and civil commitment. The
11repeal of 1995 Wisconsin Act 292, sections 5, 12, 14, 16, 20, 22, 24, 28, 30, 30h, 32,
12and 37 (1), and the repeal of 1997 Wisconsin Act 35, sections 141, 144, 147, and 605
13(1), apply notwithstanding section 990.03 (3) of the statutes.".
SB55-ASA1-AA1,1419,14 141927. Page 1338, line 20: after that line insert:
SB55-ASA1-AA1,1420,16 15"(10q) Prescription drug assistance for elderly; administration. Before July
161, 2002, the department of health and family services may develop and submit to the
17department of administration a proposal for expenditure of the funds appropriated
18under section 20.865 (4) (a) of the statutes for administration of the prescription drug
19assistance for elderly program under section 49.688 of the statutes, as created by this
20act. The department of administration may approve, disapprove, or modify and
21approve any proposal it receives under this subsection. If the department of
22administration approves the proposal, the department shall submit the proposal,
23together with any modifications, to the cochairpersons of the joint committee on
24finance. If the cochairpersons of the committee do not notify the secretaries of

1administration and health and family services within 14 working days after
2receiving the proposal that the cochairpersons have scheduled a meeting for the
3purpose of reviewing the proposal, the secretary of administration may transfer from
4the appropriation under section 20.865 (4) of the statutes to the appropriation under
5section 20.435 (4) (a) of the statutes the amount specified in the proposal or any
6proposed modifications of the proposal for expenditure as specified in the proposal
7or any proposed modifications of the proposal and may approve any position
8authority specified in the proposal or any proposed modifications of the proposal. If,
9within 14 working days after receiving the proposal, the cochairpersons notify the
10secretaries of administration and health and family services that the cochairpersons
11have scheduled a meeting for the purpose of reviewing the proposal, the secretary of
12administration may not transfer any amount specified in the proposal or any
13proposed modifications of the proposal from the appropriation under section 20.865
14(4) of the statutes and may not approve any position authority specified in the
15proposal or any proposed modifications of the proposal, except as approved by the
16committee.".
SB55-ASA1-AA1,1420,17 171928. Page 1338, line 20: after that line insert:
SB55-ASA1-AA1,1421,14 18"(13d) Plan for regional labor cost variations for nursing home
19reimbursement.
For purposes of determining medical assistance reimbursement for
20allowable direct care costs for facilities with respect to adjustments for regional labor
21cost variations under section 49.45 (6m) (ar) 1. a. of the statutes, the department of
22health and family services, together with representative of the nursing home
23industry and organized labor, shall develop a comprehensive plan that specifies
24varying regions of the state of Wisconsin with respect to labor costs for nursing home

1staff. The department of health and family services shall submit the plan, by
2September 1, 2001, or by the first day of the 2nd month beginning after the effective
3date of this subsection, whichever is later, to the joint committee on finance for
4review. If the cochairpersons of the joint committee on finance do not notify the
5secretary of health and family services within 14 working days after the date on
6which the plan is submitted that the committee intends to schedule a meeting to
7review the plan, the department of health and family services shall implement the
8plan in adjusting standards for medical assistance reimbursement of allowable
9direct care costs for facilities under section 49.45 (6m) (ar) 1. a. of the statutes. If,
10within 14 working days after the date on which the plan is submitted, the
11cochairpersons of the committee notify the secretary of health and family services
12that the committee intends to schedule a meeting to review the plan, the department
13of health and family services may implement the plan only upon approval by the
14committee.".
SB55-ASA1-AA1,1421,15 151929. Page 1338, line 20: after that line insert:
SB55-ASA1-AA1,1421,19 16"(18f) Respite facilities; rules. The department of health and family services
17shall submit in proposed form the rules required under section 50.85 (8) of the
18statutes, as created by this act, to the legislative council staff under section 227.15
19(1) of the statutes no later than October 31, 2002.".
SB55-ASA1-AA1,1421,20 201930. Page 1338, line 20: after that line insert:
SB55-ASA1-AA1,1422,2 21"(14b) Sudden infant death syndrome prevention training; rules. The
22department of health and family services shall submit in proposed form the rules
23required under section 48.67 of the statutes, as affected by this act, to the legislature

1under section 227.19 of the statutes no later than the first day of the 6th month
2beginning after the effective date of this subsection.".
SB55-ASA1-AA1,1422,3 31931. Page 1338, line 20: after that line insert:
SB55-ASA1-AA1,1422,11 4"(16mn) Study on funding the health insurance risk-sharing plan. The board
5of governors of the health insurance risk-sharing plan under chapter 149 of the
6statutes, as affected by this act, shall conduct a study on alternative funding sources
7for the health insurance risk-sharing plan. No later than January 1, 2002, the board
8of governors shall report the results of the study, together with its findings and
9recommendations, to the standing committees of the legislature on health in the
10manner provided under section 13.172 (3) of the statutes and to the members of the
11joint committee on finance.".
SB55-ASA1-AA1,1422,12 121932. Page 1338, line 20: after that line insert:
SB55-ASA1-AA1,1422,18 13"(12r) Statewide trauma care system; positions. The authorized FTE positions
14for the department of health and family services are increased by 2.0 PR project
15positions, to be funded from the appropriation account under section 20.435 (1) (kx)
16of the statutes, for the purposes of the statewide trauma care system under section
17146.56 of the statutes, as affected by this act, for the period beginning on July 1, 2001,
18and ending on June 30, 2003.
SB55-ASA1-AA1,1423,2 19(12s) Statewide trauma care system; regional advisory trauma councils.
20From the appropriation account under section 20.435 (1) (kx) of the statutes, the
21department of health and family services shall expend $25,000 in state fiscal year
222001-02 and $50,000 in state fiscal year 2002-03 for expenses of the regional
23advisory trauma councils under section 146.56 (1) of the statutes, as affected by this
24act, and shall distribute $290,000 in state fiscal year 2002-03 as grants to regional

1advisory trauma councils for performance of activities under the statewide trauma
2system.".
SB55-ASA1-AA1,1423,3 31933. Page 1338, line 20: after that line insert:
SB55-ASA1-AA1,1423,10 4"(13b) Durable medical equipment; customized wheelchair. From the
5appropriations under section 20.435 (4) (b) and (o) of the statutes, as affected by this
6act, notwithstanding the denial of a request for prior authorization for durable
7medical equipment for a customized wheelchair, the department of health and family
8services shall purchase a customized wheelchair for a resident of the Vernon Manor
9nursing home in Vernon County who has cerebral palsy and for whom a physician
10has determined that a customized wheelchair is necessary.".
SB55-ASA1-AA1,1423,11 111934. Page 1338, line 20: after that line insert:
SB55-ASA1-AA1,1423,12 12"(14k) Immunization registry.
SB55-ASA1-AA1,1423,23 13(a) The department of health and family services shall submit to the joint
14committee on finance a request to supplement the appropriation account under
15section 20.435 (4) (bm) of the statutes, as affected by this act, for the purpose of
16developing and implementing a statewide immunization registry. The request shall
17include a memorandum of understanding between the department of health and
18family services and the Marshfield Clinic, on behalf of the Regional Early Childhood
19Immunization Network, that specifies the amount of moneys allocated under section
2049.175 (1) (ze) 9. of the statutes that will be used to support immunization data
21collection by the Regional Early Childhood Immunization Network, outside of the
22area currently served by the immunization registry system of the Marshfield Clinic
23and that results in a savings for the department's immunization registry.
SB55-ASA1-AA1,1424,14
1(b) If the cochairpersons of the committee do not notify the secretary of health
2and family services within 14 working days after receiving the memorandum of
3understanding and request under paragraph (a) that the cochairpersons have
4scheduled a meeting for the purpose of reviewing the request, the appropriation
5account under section 20.435 (4) (bm) of the statutes, as affected by this act, shall be
6supplemented from the appropriation account under section 20.865 (4) (a) of the
7statutes, as provided in the request. If, within 14 working days after receiving the
8proposal, the cochairpersons notify the secretary that the cochairpersons have
9scheduled a meeting for the purpose of reviewing the request, the appropriation
10account may be supplemented from the appropriation account under section 20.865
11(4) (a) of the statutes only as approved by the committee. Notwithstanding section
1213.101 (3) of the statutes, the committee is not required to find that an emergency
13exists prior to supplementing the appropriation account under section 20.435 (4)
14(bm) of the statutes, as affected by this act.
SB55-ASA1-AA1,1424,17 15(c) Not later than January 1, 2003, the department of health and family
16services shall submit a report on the immunization registry to the legislature in the
17manner provided under section 13.172 (2) of the statutes.
SB55-ASA1-AA1,1424,19 18(14L) Winnebago Mental Health Institute and Mendota Mental Health
19Institute position authorizations.
SB55-ASA1-AA1,1424,23 20(a) The authorized FTE positions for the department of health and family
21services are decreased by 1.58 GPR positions, funded from the appropriation under
22section 20.435 (2) (a) of the statutes, for the purpose of providing care to residents
23of the Winnebago Mental Health Institute and Mendota Mental Health Institute.
SB55-ASA1-AA1,1425,3 24(b) The authorized FTE positions for the department of health and family
25services are increased by 1.58 PR positions, to be funded from the appropriation

1under section 20.435 (2) (gk) of the statutes, as affected by this act, for the purpose
2of providing care to residents of the Winnebago Mental Health Institute and
3Mendota Mental Health Institute.".
SB55-ASA1-AA1,1425,4 41935. Page 1338, line 22: after that line insert:
SB55-ASA1-AA1,1425,11 5"(1z) Report on student loan forgiveness to attract workers. By January
61, 2002, the higher educational aids board shall study and report to the legislature
7and to the appropriate standing committees of the legislature, in the manner
8provided under section 13.172 (2) and (3) of the statutes, and to the governor on the
9cost, desirability, and effectiveness of creating a general program of student loan
10forgiveness for attracting workers to and retaining workers in this state. The report
11shall include legislative recommendations.".
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