Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,404,24 2. Segregate grant moneys received under this subsection in a separate account that the board or the legislative audit bureau may audit.

SB55-ASA1-AA1, s. 1440mb Section 1440mb. 44.73 (6) (e) of the statutes is created to read:

SB55-ASA1-AA1,405,6 44.73 (6) (e) If a private school uses grant moneys awarded under this subsection for any purpose prohibited under par. (c), the private school shall reimburse the board in an amount equal to the grant moneys expended for the prohibited purpose. A private school that uses grant moneys for a prohibited purpose is ineligible for additional grants under this subsection.".

SB55-ASA1-AA1,405,7 745. Page 549, line 4: delete "5" and substitute "8".

SB55-ASA1-AA1,405,8 746. Page 551, line 20: after that line insert:

SB55-ASA1-AA1,405,9 " Section 1457m. 45.353 (3) of the statutes is amended to read:

SB55-ASA1-AA1,406,5 45.353 (3) Application by any such state veterans organization shall be filed annually with the department for the 12-month period commencing on April 1 and ending on March 31 of the year in which it is filed. An application shall contain a statement of salaries and travel expenses paid to employees engaged in veterans claims service maintained at the regional office by such state veterans organization covering the period for which application for a grant is made, which statement has been certified as correct by an a certified public accountant licensed or certified under ch. 442 and sworn to as correct by the adjutant or principal officer of the state veterans organization. The application shall also contain the state organization's financial statement for its last completed fiscal year and such evidence of claims service activity as the department requires. Sufficient evidence shall be submitted with an initial application to establish that the state veterans organization, or its national organization, or both, has maintained a full-time service office at the regional office without interruption throughout 5 years out of the 10-year period immediately preceding such application. Subsequent applications must be accompanied by an affidavit by the adjutant or principal officer of such state veterans organization stating that a full-time service office was maintained at the regional office by such state veterans organization, or by such state organization and its national organization, for the entire 12-month period for which application for a grant is made.".

SB55-ASA1-AA1,406,6 747. Page 552, line 6: after that line insert:

SB55-ASA1-AA1,406,7 " Section 1461x. 45.365 (1) (am) of the statutes is amended to read:

SB55-ASA1-AA1,406,18 45.365 (1) (am) The department shall operate the home, and employ a commandant and the officers, nurses, attendants, and other personnel necessary for the proper conduct of the home. The department may employ a commandant for the southeastern facility. In compliance with the compensation plan established pursuant to s. 230.12 (3), the a commandant may recommend to the director of personnel charges for meals, living quarters, laundry, and other services furnished to employees and members of the employees' family maintained at the home and the southeastern facility. Complete personal maintenance and medical care to include programs and facilities that promote comfort, recreation, well-being , or rehabilitation shall be furnished to all members of the home under the policy of the department.

SB55-ASA1-AA1, s. 1461xf Section 1461xf. 45.365 (3) of the statutes is amended to read:

SB55-ASA1-AA1,406,24 45.365 (3) The A commandant and employees designated by the commandant may summarily arrest all persons within or upon the grounds of the home or southeastern facility who are guilty of any offense against the laws of this state or the rules and regulations governing the home or southeastern facility. For this purpose the, a commandant and deputies have the power of constables.".

SB55-ASA1-AA1,407,1 748. Page 552, line 22: after that line insert:

SB55-ASA1-AA1,407,2 " Section 1464g. 45.37 (10) (a) of the statutes is amended to read:

SB55-ASA1-AA1,407,13 45.37 (10) (a) Except as otherwise provided in this subsection, the application and admission of any applicant admitted under this section shall constitute a valid and binding contract between such a member and the department. If a member dies leaving a relative that is entitled to an interest in the property of the member under the rules of intestate succession or a will the existence of which is made known to the commandant of the home within 60 days of such the member's death, the member's property shall constitute a part of the member's estate, except that personal effects of nominal monetary value of such a deceased member who is not survived by a member spouse may be distributed by the commandant of the home or the southeastern facility to surviving relatives of such the member who request such the personal effects within a reasonable time after such the member's death.

SB55-ASA1-AA1, s. 1464i Section 1464i. 45.37 (11) of the statutes is amended to read:

SB55-ASA1-AA1,408,7 45.37 (11) Disposition of property descending to state. If a member dies without a relative that is entitled to an interest in the property of the member under the rules of intestate succession and without leaving a will the existence of which is made known to the commandant of the home or the southeastern facility, within 60 days of the member's death, the member's property shall be converted to cash and turned over by the commandant of the home or the southeastern facility, to the state treasurer to be paid into the appropriation under s. 20.485 (1) (h), without administration. The amount is subject to refund within 6 years to the estate of a veteran if it is subsequently discovered that the veteran left a will or a relative that is entitled to an interest in the property of the member under the rules of intestate succession or to any creditor of the veteran who establishes right to the fund or property or any portion thereof. The department, upon being satisfied that a claim out of such funds or property is legal and valid, shall pay the same out of such funds or property, except that payment of claims for a member's funeral and burial expenses may not exceed a total of $1,500 including any amount allowed by the United States for the member's funeral and burial and the right for burial and interment provided in sub. (15) (a).

SB55-ASA1-AA1, s. 1464L Section 1464L. 45.37 (14) of the statutes is amended to read:

SB55-ASA1-AA1,408,11 45.37 (14) Powers of commandant over personal funds of members. The A commandant of the home may receive, disburse, and account for funds of members of the home.".

SB55-ASA1-AA1,408,12 749. Page 559, line 14: after that line insert:

SB55-ASA1-AA1,408,13 " Section 1483j. 46.03 (44) of the statutes is created to read:

SB55-ASA1-AA1,408,17 46.03 (44) Performance evaluations for alcohol and other drug abuse intervention and treatment services. Promote efficient use of resources for alcohol and other drug abuse intervention and treatment services by doing all of the following:

SB55-ASA1-AA1,408,20 (a) Developing one or more methods to evaluate the effectiveness of, and developing performance standards for, alcohol and other drug abuse intervention and treatment services that are administered by the department.

SB55-ASA1-AA1,409,2 (b) Adopting policies to ensure that, to the extent possible under state and federal law, funding for alcohol and other drug abuse intervention and treatment services that are administered by the department is distributed giving primary consideration to the effectiveness of the services in meeting department performance standards for alcohol and other drug abuse services.

SB55-ASA1-AA1,409,6 (c) Requiring every application for funding from the department for alcohol and other drug abuse intervention or treatment services to include a plan for the evaluation of the effectiveness of the services in reducing alcohol and other drug abuse by recipients of services.

SB55-ASA1-AA1,409,9 (d) Requiring every person receiving funding from the department for alcohol and other drug abuse intervention or treatment services to provide the department the results of the evaluation conducted under par. (c).".

SB55-ASA1-AA1,409,10 750. Page 562, line 15: after that line insert:

SB55-ASA1-AA1,409,11 " Section 1489m. 46.041 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,409,19 46.041 (1) (a) Provide for the temporary residence and evaluation of children referred from courts assigned to exercise jurisdiction under chs. 48 and 938, the institutions and services under the jurisdiction of the department, University of Wisconsin Hospitals and Clinics Authority, county departments under s. 46.215, 46.22 or 46.23, private child welfare agencies, the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing, the Wisconsin Center for the Blind and Visually Impaired, and mental health facilities within the state at the discretion of the director of the institution providing services under this section.".

SB55-ASA1-AA1,409,20 751. Page 563, line 18: delete lines 18 to 23 and substitute:

SB55-ASA1-AA1,409,21 " Section 1494qe. 46.215 (1g) of the statutes is amended to read:

SB55-ASA1-AA1,410,2 46.215 (1g) Administration of food stamps by a Wisconsin works agency. The Wisconsin works agency, as defined in s. 49.001 (9), shall may, to the extent permitted by under federal law, and subject to s. 49.143 (2) (e) 49.124 (1d), certify eligibility for and, if determined eligible, issue food coupons under s. 49.143 (2) (e) 49.124 (1d) to eligible participants in the Wisconsin works program under subch. III of ch. 49.

SB55-ASA1-AA1, s. 1494qed Section 1494qed. 46.215 (1g) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,410,9 46.215 (1g) Administration of food stamps by a Wisconsin works agency. The Wisconsin works agency, as defined in s. 49.001 (9), may, to the extent permitted by under federal law, and subject to s. 49.124 (1d) 49.79 (1m), certify eligibility for and issue food coupons under s. 49.124 (1d) 49.79 (1m) to eligible participants in the Wisconsin works program under subch. III of ch. 49.".

SB55-ASA1-AA1,410,10 752. Page 564, line 13: delete lines 13 to 15.

SB55-ASA1-AA1,410,11 753. Page 565, line 4: after that line insert:

SB55-ASA1-AA1,410,12 " Section 1502m. 46.27 (7g) (h) of the statutes is amended to read:

SB55-ASA1-AA1,410,15 46.27 (7g) (h) The department may contract with or employ an attorney to probate estates to recover under this subsection the costs of care. Any such contract is subject to the requirements under s. 20.930 (2) to (5).".

SB55-ASA1-AA1,410,16 754. Page 565, line 4: after that line insert:

SB55-ASA1-AA1,410,17 " Section 6502L. 46.27 (3) (f) of the statutes is amended to read:

SB55-ASA1-AA1,410,23 46.27 (3) (f) Beginning on January 1, 1996, from the annual allocation to the county for the provision of long-term community support services under subs. (7) (b) and (11), annually establish a maximum total amount that may be encumbered in a calendar year for services for eligible individuals in community-based residential facilities, unless the department waives the requirement under sub (2) (i) or approves a request for an exception under sub. (6r) (c).

SB55-ASA1-AA1, s. 1507n Section 1507n. 46.27 (7) (cm) 1. (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,411,4 46.27 (7) (cm) 1. (intro.) Except as provided sub. (7b), beginning Beginning on January 1, 1996, no county, private nonprofit agency or aging unit may use funds received under par. (b) to provide services in any community-based residential facility that has more than 8 20 beds, unless one of the following applies:

SB55-ASA1-AA1, s. 1502p Section 1502p. 46.27 (7) (cm) 1. c. of the statutes is amended to read:

SB55-ASA1-AA1,411,9 46.27 (7) (cm) 1. c. The department approves the provision of services in a community-based residential facility that is initially licensed after July 29, 1995, that is licensed for more than 20 or fewer beds and that meets standards established under subd. 2.

SB55-ASA1-AA1, s. 1502r Section 1502r. 46.27 (7b) of the statutes is repealed.".

SB55-ASA1-AA1,411,11 755. Page 565, line 4: delete that line and substitute:

SB55-ASA1-AA1,411,12 " Section 1495md. 46.22 (1g) of the statutes is amended to read:

SB55-ASA1-AA1,411,17 46.22 (1g) Administration of food stamps by a Wisconsin works agency. The Wisconsin works agency, as defined in s. 49.001 (9), shall may, to the extent permitted by under federal law, and subject to s. 49.143 (2) (e) 49.124 (1d), certify eligibility for and issue food coupons under s. 49.143 (2) (e) 49.124 (1d) to eligible participants in the Wisconsin works program under subch. III of ch. 49.

SB55-ASA1-AA1, s. 1495mf Section 1495mf. 46.22 (1g) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,411,24 46.22 (1g) Administration of food stamps by a Wisconsin works agency. The Wisconsin works agency, as defined in s. 49.001 (9), may, to the extent permitted by under federal law, and subject to s. 49.124 (1d) 49.79 (1m), certify eligibility for and issue food coupons under s. 49.124 (1d) 49.79 (1m) to eligible participants in the Wisconsin works program under subch. III of ch. 49.".

SB55-ASA1-AA1,412,1 756. Page 565, line 20: after that line insert:

SB55-ASA1-AA1,412,2 " Section 1504r. 46.27 (11) (c) 5p. of the statutes is repealed.".

SB55-ASA1-AA1,412,3 757. Page 565, line 21: delete lines 21 to 24 and substitute:

SB55-ASA1-AA1,412,5 " Section 1505b. 46.27 (11) (c) 6. (intro.) and a. of the statutes are consolidated, renumbered 46.27 (11) (c) 6. a. and amended to read:

SB55-ASA1-AA1,412,11 46.27 (11) (c) 6. a. No county, private nonprofit agency or aging unit may use funds received under this subsection to provide residential services in any community-based residential facility, as defined in s. 50.01 (1g), or a group home, as defined in s. 48.02 (7), that has more than 4 5 beds, unless one of the following applies: a. The the department approves the provision of services in a community-based residential facility or group home that has 5 6 to 8 beds.

SB55-ASA1-AA1, s. 1505d Section 1505d. 46.27 (11) (c) 6. b. of the statutes is repealed and recreated to read:

SB55-ASA1-AA1,412,17 46.27 (11) (c) 6. b. No county, private nonprofit agency, or aging unit may use funds received under this subsection to provide residential services in a community-based residential facility, as defined in s. 50.01 (1g), that has more than 20 beds, unless the requirements of sub. (7) (cm) 1. a., b., or c. are met.".

SB55-ASA1-AA1,412,18 758. Page 566, line 14: after that line insert:

SB55-ASA1-AA1,412,19 " Section 1507s. 46.277 (5) (d) 1m. (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,412,23 46.277 (5) (d) 1m. (intro.) No county may use funds received under this section to provide services to a person who does not live in his or her own home or apartment unless, subject to the limitations under subds. 2. and , 3., and 4. and par. (e), one of the following applies:

SB55-ASA1-AA1, s. 1507t Section 1507t. 46.277 (5) (d) 1n. (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,413,6 46.277 (5) (d) 1n. (intro.) A county may also use funds received under this section, subject to the limitations under subds. 2. and , 3., and 4. and par. (e), to provide services to a person who does not live in his or her own home or apartment if the services are provided to the person in a community-based residential facility and the county department or aging unit has determined that all of the following conditions have been met:

SB55-ASA1-AA1, s. 1507u Section 1507u. 46.277 (5) (d) 2. (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,413,11 46.277 (5) (d) 2. (intro.) No county may use funds received under this section to provide residential services in any community-based residential facility, as defined in s. 50.01 (1g), or group home, as defined in s. 48.02 (7), that has more than 4 beds, unless one of the following applies:".

SB55-ASA1-AA1,413,12 759. Page 566, line 15: delete lines 15 to 18 and substitute:

SB55-ASA1-AA1,413,14 " Section 1508b. 46.277 (5) (d) 2. a. of the statutes is repealed and recreated to read:

SB55-ASA1-AA1,413,15 46.277 (5) (d) 2. a. The requirements of s. 46.27 (7) (cm) 1. a. or c. are met.

SB55-ASA1-AA1, s. 1508d Section 1508d. 46.277 (5) (d) 4. of the statutes is created to read:

SB55-ASA1-AA1,413,20 46.277 (5) (d) 4. No county may use funds received under this section to provide residential services in a group home, as defined in s. 48.02 (7), that has more than 5 beds, unless the department approves the provision of services in a group home that has 6 to 8 beds.".

SB55-ASA1-AA1,413,21 760. Page 566, line 18: after that line insert:

SB55-ASA1-AA1,413,22 " Section 1508rg. 46.278 (title) and (1) of the statutes are amended to read:

SB55-ASA1-AA1,413,24 46.278 (title) Community integration program and brain injury waiver program for persons with mental retardation developmental disabilities.

SB55-ASA1-AA1,414,12 (1) Legislative intent. The intent of the program programs under this section is to provide home or community-based care to serve in a noninstitutional community setting a person who meets eligibility requirements under 42 USC 1396n (c) and who is diagnosed as developmentally disabled under the definition specified in s. 51.01 (5) and relocated from an institution other than a state center for the developmentally disabled or who meets the intermediate care facility for the mentally retarded or a brain injury rehabilitation facility level of care requirements for medical assistance reimbursement in an intermediate care facility for the mentally retarded or brain injury rehabilitation facility and is ineligible for services under s. 46.275 or 46.277. The intent of the program is also that counties use all existing services for providing care under this section, including those services currently provided by counties.

SB55-ASA1-AA1, s. 1508rh Section 1508rh. 46.278 (1m) (a) of the statutes is created to read:

SB55-ASA1-AA1,414,16 46.278 (1m) (a) "Brain injury rehabilitation facility" means a nursing facility or hospital designated as a facility for brain injury rehabilitation by the department under the approved state medicaid plan.

SB55-ASA1-AA1, s. 1508ri Section 1508ri. 46.278 (1m) (c) of the statutes is amended to read:

SB55-ASA1-AA1,414,20 46.278 (1m) (c) "Program" means the community integration program or the brain injury waiver program, for facilities certified as medical assistance providers, for which a waiver has been received under sub. (3).

SB55-ASA1-AA1, s. 1508rj Section 1508rj. 46.278 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,415,4 46.278 (2) (a) The department may request a waiver one or more waivers from the secretary of the federal department of health and human services, under 42 USC 1396n (c), authorizing the department to serve medical assistance recipients, who meet the level of care requirements for medical assistance reimbursement in an intermediate care facility for the mentally retarded or in a brain injury rehabilitation facility, in their communities by providing home or community-based services as part of medical assistance. If the department requests a waiver, it shall include all assurances required under 42 USC 1396n (c) (2) in its request.

SB55-ASA1-AA1, s. 1508rk Section 1508rk. 46.278 (3) (a) of the statutes is amended to read:

SB55-ASA1-AA1,415,8 46.278 (3) (a) Evaluate the effect of the each program on medical assistance costs and on the program's ability to provide community care alternatives to institutional care in facilities certified as medical assistance providers.

SB55-ASA1-AA1, s. 1508rL Section 1508rL. 46.278 (4) (a) of the statutes is amended to read:

SB55-ASA1-AA1,415,16 46.278 (4) (a) Sections 46.27 (3) (b) and 46.275 (3) (a) and (c) to (e) apply to county participation in this a program, except that services provided in the program shall substitute for care provided a person in an intermediate care facility for the mentally retarded or brain injury rehabilitation facility who meets the intermediate care facility for the mentally retarded or brain injury rehabilitation facility level of care requirements for medical assistance reimbursement to that facility rather than for care provided at a state center for the developmentally disabled.

SB55-ASA1-AA1, s. 1508rm Section 1508rm. 46.278 (4) (b) 2. of the statutes is amended to read:

SB55-ASA1-AA1,415,22 46.278 (4) (b) 2. Each county department participating in the a program shall provide home or community-based care to persons eligible under this section, except that the number of persons who receive home or community-based care under this section may not exceed the number that are approved under the an applicable waiver received under sub. (3).

SB55-ASA1-AA1, s. 1508rn Section 1508rn. 46.278 (5) (a) and (b) of the statutes are amended to read:

SB55-ASA1-AA1,416,8 46.278 (5) (a) Any medical assistance recipient who meets the level of care requirements for medical assistance reimbursement in an intermediate care facility for the mentally retarded or in a brain injury rehabilitation facility and is ineligible for service under s. 46.275 or 46.277 is eligible to participate in the a program, except that persons eligible for the brain injury waiver program must meet the definition of brain injury under s. 51.01 (2g), and except that the number of participants may not exceed the number approved under the waiver received under sub. (3). Such a recipient may apply, or any person may apply on behalf of such a recipient, for participation in the a program. Section 46.275 (4) (b) applies to participation in the a program.

SB55-ASA1-AA1,416,16 (b) To the extent authorized under 42 USC 1396n, if a person discontinues participation in the a program, a medical assistance recipient may participate in the a program in place of the participant who discontinues if that recipient meets the intermediate care facility for the mentally retarded level of care requirements for medical assistance reimbursement in an intermediate care facility for the mentally retarded except that the number of participants concurrently served may not exceed the number approved under the waiver received under sub. (3) requirements under par. (a).