Amendment AA1-ASA1-SB55

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).

SB55-ASA1-AA1, s. 1508rp Section 1508rp. 46.278 (6) (a), (b) and (c) of the statutes are amended to read:

SB55-ASA1-AA1,416,19 46.278 (6) (a) The provisions of s. 46.275 (5) (a), (b) and (d) apply to funding received by counties under the program programs.

SB55-ASA1-AA1,416,21 (b) Total funding to counties for relocating each person under the a program may not exceed the amount approved in the waiver received under sub. (3).

SB55-ASA1-AA1,416,23 (c) Funding may be provided under the a program for services of a family consortium.".

SB55-ASA1-AA1,416,24 761. Page 566, line 21: delete "the waiver" and substitute "the a waiver".

SB55-ASA1-AA1,417,1 762. Page 566, line 25: after that line insert:

SB55-ASA1-AA1,417,2 " Section 1509g. 46.278 (6) (e) 1. of the statutes is amended to read:

SB55-ASA1-AA1,417,5 46.278 (6) (e) 1. The department may provide enhanced reimbursement for services under the community integration program for an individual who was relocated to the community by a county department from one of the following:

SB55-ASA1-AA1, s. 1509h Section 1509h. 46.278 (6) (f) of the statutes is amended to read:

SB55-ASA1-AA1,417,11 46.278 (6) (f) If a county owns the institution or intermediate care facility for the mentally retarded from which an individual is relocated to the community under this section, in order to receive funding under the community integration program, the county shall submit a plan for delicensing a bed of the institution or intermediate care facility for the mentally retarded that is approved by the department.".

SB55-ASA1-AA1,417,12 763. Page 569, line 23: after that line insert:

SB55-ASA1-AA1,417,13 " Section 1553p. 46.34 of the statutes is amended to read:

SB55-ASA1-AA1,417,17 46.34 Emission standards for hazardous air contaminants. The department may assist the department of natural resources environmental management in the development of emission standards for hazardous air contaminants under s. 285.27 (2) (b).".

SB55-ASA1-AA1,417,18 764. Page 571, line 2: after that line insert:

SB55-ASA1-AA1,417,20 " Section 8557b. 46.45 (2) (a) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB55-ASA1-AA1,418,15 46.45 (2) (a) If on December 31 of any year there remains unspent or unencumbered in the allocation under s. 46.40 (2) an amount that exceeds the amount received under 42 USC 670 to 679a and allocated under s. 46.40 (2) in that year, the department shall carry forward the excess moneys and distribute not less than 50% of the excess moneys to counties having a population of less than 500,000 that are making a good faith effort, as determined by the department, to comply with s. 46.22 (1) (c) 8. f. for services and projects to assist children and families, notwithstanding the percentage limit specified in sub. (3) (a). A county shall use not less than 50% of the moneys distributed to the county under this subsection for services for children who are at risk of abuse or neglect to prevent the need for child abuse and neglect intervention services, except that in the calendar year in which a county achieves compliance with s. 46.22 (1) (c) 8. f. and in the 2 calendar years after that calendar year the county may use 100% of the moneys distributed under this paragraph to reimburse the department for the costs of achieving that compliance. If a county does not comply with s. 46.22 (1) (c) 8. f. before July 1, 2005, the department may recover any amounts distributed to that county under this paragraph after June 30, 2001, by billing the county or deducting from that county's allocation under s. 46.40 (2). All moneys received by the department under this paragraph shall be credited to the appropriation account under s. 20.435 (3) (j).".

SB55-ASA1-AA1,418,16 765. Page 571, line 2: after that line insert:

SB55-ASA1-AA1,418,17 " Section 1556e. 49.45 (39) (a) 1. of the statutes is amended to read:

SB55-ASA1-AA1,418,22 49.45 (39) (a) 1. "School" means a public school described under s. 115.01 (1), a charter school, as defined in s. 115.001 (1), the Wisconsin Center for the Blind and Visually Impaired, or the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing. It includes school-operated early childhood programs for developmentally delayed and disabled 4-year-old and 5-year-old children.

SB55-ASA1-AA1, s. 1556g Section 1556g. 49.45 (39) (am) of the statutes is amended to read:

SB55-ASA1-AA1,419,13 49.45 (39) (am) Plan amendment. No later than September 30, 1995, the department shall submit to the federal department of health and human services an amendment to the state medical assistance plan to permit the application of pars. (b) and (c). If the amendment to the state plan is approved, school districts, cooperative educational service agencies, and the department of public instruction on behalf of the Wisconsin Center for the Blind and Visually Impaired and the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing claim reimbursement under pars. (b) and (c). Paragraphs (b) and (c) do not apply unless the amendment to the state plan is approved and in effect. The department shall submit to the federal department of health and human services an amendment to the state plan if necessary to permit the application of pars. (b) and (c) to the Wisconsin Center for the Blind and Visually Impaired and the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing.

SB55-ASA1-AA1, s. 1556i Section 1556i. 49.45 (39) (b) of the statutes is amended to read:

SB55-ASA1-AA1,420,23 49.45 (39) (b) School medical services. 1. `Payment for school medical services.' If a school district or a cooperative educational service agency elects to provide school medical services and meets all requirements under par. (c), the department shall reimburse the school district or the cooperative educational service agency for 60% of the federal share of allowable charges for the school medical services that it provides and, as specified in subd. 2., for allowable administrative costs. If the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing elects to provide school medical services and meets all requirements under par. (c), the department shall reimburse the department of public instruction for 60% of the federal share of allowable charges for the school medical services that the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing provides and, as specified in subd. 2., for allowable administrative costs. A school district, cooperative educational service agency, the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing may submit, and the department shall allow, claims for common carrier transportation costs as a school medical service unless the department receives notice from the federal health care financing administration that, under a change in federal policy, the claims are not allowed. If the department receives the notice, a school district, cooperative educational service agency, the Wisconsin Center for the Blind and Visually Impaired, or the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing may submit, and the department shall allow, unreimbursed claims for common carrier transportation costs incurred before the date of the change in federal policy. The department shall promulgate rules establishing a methodology for making reimbursements under this paragraph. All other expenses for the school medical services provided by a school district or a cooperative educational service agency shall be paid for by the school district or the cooperative educational service agency with funds received from state or local taxes. The school district, the Wisconsin Center for the Blind and Visually Impaired, the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing, or the cooperative educational service agency shall comply with all requirements of the federal department of health and human services for receiving federal financial participation.

SB55-ASA1-AA1,421,8 2. `Payment for school medical services administrative costs.' The department shall reimburse a school district or a cooperative educational service agency specified under subd. 1. and shall reimburse the department of public instruction on behalf of the Wisconsin Center for the Blind and Visually Impaired or the Wisconsin School Educational Services Program for the Deaf and Hard of Hearing for 90% of the federal share of allowable administrative costs, using time studies, beginning in fiscal year 1999-2000. A school district or a cooperative education educational service agency may submit, and the department of health and family services shall allow, claims for administrative costs incurred during the period that is up to 24 months before the date of the claim, if allowable under federal law.".

SB55-ASA1-AA1,421,9 766. Page 571, line 15: delete "$6,000,000" and substitute "$5,000,000".

SB55-ASA1-AA1,421,11 767. Page 571, line 22: delete that line and substitute "the poverty line, as defined in s. 49.001 (5).".

SB55-ASA1-AA1,421,13 768. Page 571, line 23: delete the material beginning with that line and ending with page 572, line 3.

SB55-ASA1-AA1,421,14 769. Page 574, line 4: after that line insert:

SB55-ASA1-AA1,421,15 " Section 1563j. 46.72 of the statutes is created to read:

SB55-ASA1-AA1,421,17 46.72 Neighborhood organization incubator grants. (1) Definitions. In this section:

SB55-ASA1-AA1,421,19 (a) "Agency" means a private nonprofit or public organization that is community based.

SB55-ASA1-AA1,421,22 (b) "Neighborhood organization" means a private nonprofit organization that is community based and that provides any of the following services or programs primarily to residents of the area in which the organization is located:

SB55-ASA1-AA1,421,23 1. Crime prevention programs.

SB55-ASA1-AA1,421,24 2. After-school and recreational programs for youth.

SB55-ASA1-AA1,422,1 3. Child abuse and domestic abuse prevention services.

SB55-ASA1-AA1,422,2 4. Alcohol and other drug abuse counseling and prevention services.

SB55-ASA1-AA1,422,3 5. Programs for diversion of youth from gang activities.

SB55-ASA1-AA1,422,4 6. Inmate and ex-offender rehabilitation or aftercare services.

SB55-ASA1-AA1,422,8 (2) Grants. From the appropriation under s. 20.435 (3) (ft), the department shall award grants to agencies to enable them to provide services described under sub. (3) to neighborhood organizations. An agency application for a grant shall contain a plan detailing the proposed use of the grant.

SB55-ASA1-AA1,422,10 (3) Requirements for grant recipients. An agency receiving a grant under this section shall do all of the following:

SB55-ASA1-AA1,422,13 (a) Provide information to neighborhood organizations about funding and other assistance that may be available to neighborhood organizations from private and public entities.

SB55-ASA1-AA1,422,15 (b) Assist neighborhood organizations in obtaining funding and other assistance from public and private entities.

SB55-ASA1-AA1,422,17 (c) Act as a liaison between neighborhood organizations and public and private entities.

SB55-ASA1-AA1,422,19 (d) Provide appropriate training and professional development services to members of neighborhood organizations.

SB55-ASA1-AA1,422,21 (e) Engage in outreach to neighborhood organizations to inform them of the services available from the agency.

SB55-ASA1-AA1,422,23 (f) Undertake other activities that will increase the effectiveness and facilitate the development of neighborhood organizations.

SB55-ASA1-AA1,423,3 (4) Report. An agency receiving a grant under this section shall submit to the department within 90 days after spending the full amount of the grant a report detailing the actual use of the proceeds of the grant.

SB55-ASA1-AA1,423,4 (5) Sunset. This section does not apply after June 30, 2005.".

SB55-ASA1-AA1,423,5 770. Page 576, line 21: after that line insert:

SB55-ASA1-AA1,423,7 " Section 1578. 48.21 (5) (b) of the statutes is renumbered 48.21 (5) (b) (intro.) and amended to read:

SB55-ASA1-AA1,423,9 48.21 (5) (b) (intro.) An order relating to a child held in custody outside of his or her home shall also describe include all of the following:

SB55-ASA1-AA1,423,13 1. A description of any efforts that were made to permit the child to remain safely at home and the services that are needed to ensure the child's well-being, to enable the child to return safely to his or her home, and to involve the parents in planning for the child.

SB55-ASA1-AA1, s. 9579 Section 9579. 48.21 (5) (b) 2. of the statutes is created to read:

SB55-ASA1-AA1,423,20 48.21 (5) (b) 2. If the child is held in custody outside the home in a placement recommended by the intake worker, a statement that the court approves the placement recommended by the intake worker or, if the child is placed outside the home in a placement other than a placement recommended by the intake worker, a statement that the court has given bona fide consideration to the recommendations made by the intake worker and all parties relating to the placement of the child.".

SB55-ASA1-AA1,423,21 771. Page 576, line 21: after that line insert:

SB55-ASA1-AA1,423,22 " Section 1577g. 48.02 (15) of the statutes is amended to read:

SB55-ASA1-AA1,424,3 48.02 (15) "Relative" means a parent, grandparent, greatgrandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt. This relationship shall be by blood, marriage, or adoption.".

SB55-ASA1-AA1,424,4 772. Page 576, line 24: after that line insert:

SB55-ASA1-AA1,424,5 " Section 1583. 48.355 (2) (b) 6m. of the statutes is created to read:

SB55-ASA1-AA1,424,11 48.355 (2) (b) 6m. If the child is placed outside the home in a placement recommended by the agency designated under s. 48.33 (1), a statement that the court approves the placement recommended by the agency or, if the child is placed outside the home in a placement other than a placement recommended by that agency, a statement that the court has given bona fide consideration to the recommendations made by the agency and all parties relating to the child's placement.

SB55-ASA1-AA1, s. 1584 Section 1584. 48.357 (2v) of the statutes is created to read:

SB55-ASA1-AA1,424,20 48.357 (2v) If a hearing is held under sub. (1) or (2m) and the change in placement would place the child outside the home in a placement recommended by the person or agency primarily responsible for implementing the dispositional order, the change in placement order shall include a statement that the court approves the placement recommended by that person or agency or, if the child is placed outside the home in a placement other than a placement recommended by that person or agency, a statement that the court has given bona fide consideration to the recommendations made by that person or agency and all parties relating to the child's placement.".

SB55-ASA1-AA1,424,21 773. Page 578, line 6: after that line insert:

SB55-ASA1-AA1,424,22 " Section 1588. 48.38 (2) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,425,5 48.38 (2) Permanency plan required. (intro.) Except as provided in sub. (3), for each child living in a foster home, treatment foster home, group home, child-caring institution, secure detention facility, or shelter care facility or in the home of a relative, the agency that placed the child or arranged the placement or the agency assigned primary responsibility for providing services to the child under s. 48.355 shall prepare a written permanency plan, if one of the following conditions exists:

SB55-ASA1-AA1, s. 10589 Section 10589. 48.38 (4) (f) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,425,11 48.38 (4) (f) (intro.) The services that will be provided to the child, the child's family, and the child's foster parent, the child's treatment foster parent or, the operator of the facility where the child is living, or the relative with whom the child is living to carry out the dispositional order, including services planned to accomplish all of the following: