Amendment CA1-SSA1-SB55

SB55-SSA1-CA1,277,12 (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-SSA1-CA1, s. 1508rh Section 1508rh. 46.278 (1m) (a) of the statutes is created to read:

SB55-SSA1-CA1,277,16 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-SSA1-CA1, s. 1508ri Section 1508ri. 46.278 (1m) (c) of the statutes is amended to read:

SB55-SSA1-CA1,277,20 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-SSA1-CA1, s. 1508rj Section 1508rj. 46.278 (2) (a) of the statutes is amended to read:

SB55-SSA1-CA1,278,4 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-SSA1-CA1, s. 1508rk Section 1508rk. 46.278 (3) (a) of the statutes is amended to read:

SB55-SSA1-CA1,278,8 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-SSA1-CA1, s. 1508rL Section 1508rL. 46.278 (4) (a) of the statutes is amended to read:

SB55-SSA1-CA1,278,16 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-SSA1-CA1, s. 1508rm Section 1508rm. 46.278 (4) (b) 2. of the statutes is amended to read:

SB55-SSA1-CA1,278,22 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-SSA1-CA1, s. 1508rn Section 1508rn. 46.278 (5) (a) and (b) of the statutes are amended to read:

SB55-SSA1-CA1,279,8 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-SSA1-CA1,279,16 (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-SSA1-CA1, s. 1508rp Section 1508rp. 46.278 (6) (a), (b) and (c) of the statutes are amended to read:

SB55-SSA1-CA1,279,19 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-SSA1-CA1,279,21 (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-SSA1-CA1,279,23 (c) Funding may be provided under the a program for services of a family consortium.".

SB55-SSA1-CA1,279,24 898. Page 566, line 21: delete "the waiver" and substitute "the a waiver".

SB55-SSA1-CA1,280,1 899. Page 566, line 25: after that line insert:

SB55-SSA1-CA1,280,2 " Section 1509g. 46.278 (6) (e) 1. of the statutes is amended to read:

SB55-SSA1-CA1,280,5 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-SSA1-CA1, s. 1509h Section 1509h. 46.278 (6) (f) of the statutes is amended to read:

SB55-SSA1-CA1,280,11 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-SSA1-CA1,280,12 900. Page 571, line 2: after that line insert:

SB55-SSA1-CA1,280,14 " Section 1557b. 46.45 (2) (a) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB55-SSA1-CA1,281,9 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-SSA1-CA1,281,10 901. Page 571, line 2: after that line insert:

SB55-SSA1-CA1,281,11 " Section 1556d. 46.40 (9) (a) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,281,20 46.40 (9) (a) Transfer to family care program and adult protective services allocation. (intro.) If a care management organization under s. 46.285 46.284 is available in a county, the department may dispose of the amount allocated under sub. (8) to that county and not more than 21.3% of the amount allocated under sub. (2) to that county as follows; and, of the amount allocated under sub. (8), may dispose of the lesser of up to 60% or the amount remaining after subtracting an amount necessary to maintain funding for recipients under sub. (8) who, on the effective date of this paragraph .... [revisor inserts date], are ineligible for the family care benefit under s. 46.286, to that county, as follows:".

SB55-SSA1-CA1,281,21 902. Page 571, line 3: delete lines 3 to 10 and substitute:

SB55-SSA1-CA1,281,22 " Section 1557jd. 46.46 (1) of the statutes is amended to read:

SB55-SSA1-CA1,282,5 46.46 (1) 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 itself perform activities to augment 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). The department may not contract with any person to perform those augmentation activities.".

SB55-SSA1-CA1,282,6 903. Page 571, line 10: after that line insert:

SB55-SSA1-CA1,282,7 " Section 1557jg. 46.46 (1m) of the statutes is created to read:

SB55-SSA1-CA1,282,15 46.46 (1m) In addition to expending moneys from the appropriation account under s. 20.435 (8) (mb) for the augmentation activities specified in sub. (1), the department may expend moneys received under 42 USC 1396 to 1396v in reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under 42 USC 670 to 679a and credited to the appropriation account under s. 20.435 (8) (mb) to support the counties' share of implementing the statewide automated child welfare information system under s. 46.22 (1) (c) 8. f.".

SB55-SSA1-CA1,282,16 904. Page 571, line 11: after that line insert:

SB55-SSA1-CA1,282,17 " Section 1557v. 46.48 (6) of the statutes is amended to read:

SB55-SSA1-CA1,282,24 46.48 (6) Career youth development center. The department shall distribute $80,000 $110,000 in each fiscal year to the career youth development center in the city of Milwaukee. Of those amounts, $80,000 shall be distributed in each fiscal year for the operation of a minority youth substance abuse treatment program and $30,000 shall be distributed in each fiscal year for drug prevention and intervention programs for middle school and high school athletes in the Milwaukee public schools system.".

SB55-SSA1-CA1,283,2 905. Page 571, line 13: delete the material beginning with that line and ending with page 572, line 3.

SB55-SSA1-CA1,283,5 906. Page 573, line 14: after "and." insert "A grant recipient under this section may include only a nonprofit, tax-exempt corporation, as defined in s. 49.134 (1) (c), or a county.".

SB55-SSA1-CA1,283,6 907. Page 574, line 4: after that line insert:

SB55-SSA1-CA1,283,7 " Section 1563d. 46.56 (3) (b) 6. of the statutes is amended to read:

SB55-SSA1-CA1,283,10 46.56 (3) (b) 6. Representatives of the county health department, as defined in s. 251.01 (2) established under s. 251.02 (1) or city-county health department established under s. 251.02 (1m).".

SB55-SSA1-CA1,283,11 908. Page 574, line 4: after that line insert:

SB55-SSA1-CA1,283,12 " Section 1568c. 46.766 of the statutes is created to read:

SB55-SSA1-CA1,283,13 46.766 Food pantry grants. (1) In this section:

SB55-SSA1-CA1,283,15 (a) "Nonprofit organization" means an organization described in section 501 (c) of the Internal Revenue Code.

SB55-SSA1-CA1,283,18 (b) "Rural" means outside a metropolitan statistical area specified under 42 CFR 412.62 (ii) (A) or within a metropolitan statistical area but isolated from an urban center.

SB55-SSA1-CA1,283,22 (2) (a) From the appropriation under s. 20.435 (3) (fp), the department shall provide annual grants to food pantries that meet the eligibility requirements under sub. (4). The amount of each grant awarded to a food pantry shall be in proportion to the number of persons served by the food pantry.

SB55-SSA1-CA1,284,5 (b) The department shall allocate 25% of the amounts appropriated under s. 20.435 (3) (fp) for grants to rural food pantries. The department shall allocate the remainder of the amounts available for grants under s. 20.435 (3) (fp) for grants to all food pantries. If, after awarding the grants to rural food pantries, any of the moneys remain unallocated, the department shall distribute the unallocated amounts for grants to all food pantries in proportion to the number of persons served by those food pantries.

SB55-SSA1-CA1,284,7 (c) The total amount of all grants awarded annually to each food pantry under this section may not exceed $15,000.

SB55-SSA1-CA1,284,9 (3) Grants awarded under this section may be used for any of the following purposes:

SB55-SSA1-CA1,284,11 (a) The purchase, storage, transportation, coordination, or distribution of food to needy households.

SB55-SSA1-CA1,284,12 (b) The administration of emergency food distribution.

SB55-SSA1-CA1,284,13 (c) The purchase of capital equipment.

SB55-SSA1-CA1,284,15 (d) Programs designed to increase food availability to needy households or enhance food security.

SB55-SSA1-CA1,284,16 (e) Nutrition education and outreach.

SB55-SSA1-CA1,284,17 (f) Technical assistance related to food pantry management.

SB55-SSA1-CA1,284,19 (4) A food pantry is eligible for a grant under this section if the food pantry meets all of the following requirements:

SB55-SSA1-CA1,284,21 (a) The food pantry applies for a grant on an application developed by the department. The application may not exceed one page.

SB55-SSA1-CA1,284,23 (b) The food pantry is a nonprofit organization or is affiliated with a nonprofit organization.

SB55-SSA1-CA1,284,25 (c) The food pantry distributes food packages directly, without charge, to needy households.

SB55-SSA1-CA1,285,1 (d) The food pantry is open to the general public in its service area.

SB55-SSA1-CA1,285,4 (e) The food pantry does not base food distribution on any criteria other than need of the recipient, except to the extent necessary for the orderly and fair distribution of food.

SB55-SSA1-CA1,285,6 (f) The food pantry has a permanent address, regular hours of operation, and is open at least one day per month.

SB55-SSA1-CA1,285,8 (g) The food pantry adheres to the U.S. department of agriculture food safety and food storage standards.

SB55-SSA1-CA1,285,11 (5) The department may not use more than 5% of the total amount appropriated under s. 20.435 (3) (fp) for administration of the grant program under this section.

SB55-SSA1-CA1,285,16 (6) A food pantry that receives a grant under this section shall, not later than 60 days after the end of the grant period, submit a report, not longer than 3 pages, to the department in the manner prescribed by the department, that describes how the grant money was used by the food pantry. The department shall compile the reports and submit the compiled reports to the legislature under s. 13.172 (2).".

SB55-SSA1-CA1,285,17 909. Page 574, line 4: after that line insert:

SB55-SSA1-CA1,285,18 " Section 1568b. 46.858 of the statutes is created to read:

SB55-SSA1-CA1,285,20 46.858 Publicity for Alzheimer's disease registration program. (1) In this section, "Alzheimer's disease" has the meaning given in s. 46.87 (1) (a).

SB55-SSA1-CA1,286,3 (2) From the appropriation under s. 20.435 (6) (a), the department shall engage in activities to publicize the existence of a program administered by a nongovernmental entity that registers persons with Alzheimer's disease or other related dementias in a national database and provides the persons identification products in order to facilitate the safe return to caregivers of persons who have Alzheimer's disease or other related dementias and who have become lost or have wandered.".

SB55-SSA1-CA1,286,4 910. Page 574, line 18: after that line insert:

SB55-SSA1-CA1,286,5 " Section 1568mg. 46.87 (5) (a) 3. of the statutes is amended to read:

SB55-SSA1-CA1,286,9 46.87 (5) (a) 3. The household meets financial eligibility requirements specified by the department by rule, and persons in the household are ineligible for the family care benefit under s. 46.286 in a county in which a care management organization under s. 46.284 operates.

SB55-SSA1-CA1, s. 1568mh Section 1568mh. 46.87 (5) (b) of the statutes is amended to read:

SB55-SSA1-CA1,286,16 46.87 (5) (b) Provide or contract for the provision of services and goods or make payments for services to persons a person with Alzheimer's disease living in a residential facilities facility in the county who meet meets financial eligibility requirements specified by the department by rule and is ineligible for the family care benefit under s. 46.286 in a county in which a care management organization under s. 46.284 operates.".

SB55-SSA1-CA1,286,17 911. Page 576, line 21: after that line insert:

SB55-SSA1-CA1,286,19 " Section 1578. 48.21 (5) (b) of the statutes is renumbered 48.21 (5) (b) (intro.) and amended to read:

SB55-SSA1-CA1,286,21 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-SSA1-CA1,287,2 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-SSA1-CA1, s. 1579 Section 1579. 48.21 (5) (b) 2. of the statutes is created to read:

SB55-SSA1-CA1,287,9 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-SSA1-CA1,287,10 912. Page 576, line 21: after that line insert:

SB55-SSA1-CA1,287,11 " Section 1577g. 48.02 (15) of the statutes is amended to read:

SB55-SSA1-CA1,287,14 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.".