SB44-SSA1, s. 1095m 9Section 1095m. 45.54 (10) (cm) of the statutes is created to read:
SB44-SSA1,481,1210 45.54 (10) (cm) Limit on student protection fee. The board shall discontinue
11collecting annual student protection fees under par. (c) 4. during the period that the
12balance in the fund created by those fees exceeds $1,000,000.
SB44-SSA1, s. 1096 13Section 1096. 46.03 (7) (h) of the statutes is created to read:
SB44-SSA1,481,1614 46.03 (7) (h) Contract for the provision of a centralized unit for determining
15whether the cost of providing care for a child is eligible for reimbursement under 42
16USC 670
to 679a.
SB44-SSA1, s. 1098d 17Section 1098d. 46.057 (2) of the statutes is amended to read:
SB44-SSA1,482,218 46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the
19department of corrections shall transfer to the appropriation account under s. 20.435
20(2) (kx) $1,379,300 in fiscal year 2001-02 2003-04 and $1,379,300 in fiscal year
212002-03 2004-05 and, from the appropriation account under s. 20.410 (3) (hm), the
22department of corrections shall transfer to the appropriation account under s. 20.435
23(2) (kx) $2,489,300 in fiscal year 1999-2000 and $2,489,900 in fiscal year 2000-01
24$2,086,700 in fiscal year 2003-04 and $2,155,600 in fiscal year 2004-05 for services
25for juveniles placed at the Mendota juvenile treatment center. The department of

1health and family services may charge the department of corrections not more than
2the actual cost of providing those services.
SB44-SSA1, s. 1100g 3Section 1100g. 46.10 (16) of the statutes is amended to read:
SB44-SSA1,482,154 46.10 (16) The department shall delegate to county departments under ss.
551.42 and 51.437 or the local providers of care and services meeting the standards
6established by the department under s. 46.036, the responsibilities vested in the
7department under this section for collection of patient fees for services other than
8those provided at state facilities or those provided to children that are reimbursed
9under a waiver under s. 46.27 (11), 46.275, or 46.278 or a waiver requested under
102001 Wisconsin Act 16, section 9123 (16rs), or 2003 Wisconsin Act .... (this act),
11section 9124 (8c),
if such the county departments or providers meet the conditions
12deemed that the department determines are appropriate by the department. The
13department may delegate to county departments under ss. 51.42 and 51.437 the
14responsibilities vested in the department under this section for collection of patient
15fees for services provided at the state facilities if the necessary conditions are met.
SB44-SSA1, s. 1101 16Section 1101. 46.215 (1) (n) of the statutes is amended to read:
SB44-SSA1,483,217 46.215 (1) (n) To collect and transmit information to the department of
18administration so that a federal energy assistance payment may be made to an
19eligible household; to collect and transmit information to the department of
20administration so that weatherization services may be made available to an eligible
21household; to receive applications from individuals seeking low-income energy
22assistance under s. 16.385 16.27 (4) or weatherization services under s. 16.39 16.26;
23to provide information on the income eligibility for weatherization of a recipient of
24low-income energy assistance to an entity with which the department of
25administration contracts for provision of weatherization under s. 16.39 16.26; and

1to receive a request, determine a correct payment amount, if any, and provide
2payment, if any, for emergency assistance under s. 16.385 16.27 (8).
SB44-SSA1, s. 1102 3Section 1102. 46.22 (1) (b) 4m. c. of the statutes is amended to read:
SB44-SSA1,483,64 46.22 (1) (b) 4m. c. To receive applications from individuals seeking low-income
5energy assistance under s. 16.385 16.27 (4) or weatherization services under s. 16.39
616.26.
SB44-SSA1, s. 1103 7Section 1103. 46.22 (1) (b) 4m. d. of the statutes is amended to read:
SB44-SSA1,483,118 46.22 (1) (b) 4m. d. To provide information on the income eligibility for
9weatherization of a recipient of low-income energy assistance to an entity with
10which the department of administration contracts for provision of weatherization
11under s. 16.39 16.26.
SB44-SSA1, s. 1104 12Section 1104. 46.22 (1) (b) 4m. e. of the statutes is amended to read:
SB44-SSA1,483,1513 46.22 (1) (b) 4m. e. To receive a request, determine a correct payment amount,
14if any, and provide payment, if any, for emergency assistance under s. 16.385 16.27
15(8).
SB44-SSA1, s. 1104m 16Section 1104m. 46.22 (1) (c) 8. f. of the statutes is amended to read:
SB44-SSA1,483,2317 46.22 (1) (c) 8. f. Before July 1, 2005, the county department of social services
18shall implement the statewide automated child welfare information system
19established by the department under s. 46.03 (7) (g). After that system has been
20implemented in a county, the department shall require that county to support 50%
21of the nonfederal portion of the ongoing cost of that system. All moneys received by
22the department under this subd. 8. f. shall be credited to the appropriation account
23under s. 20.435 (3) (j).
SB44-SSA1, s. 1105 24Section 1105. 46.22 (1) (d) of the statutes is amended to read:
SB44-SSA1,484,7
146.22 (1) (d) Merit system; records. The county department of social services
2is subject to s. 49.33 49.78 (4) to (7). The county department of social services and
3all county officers and employees performing any duties in connection with the
4administration of aid to families with dependent children shall observe all rules
5promulgated by the department of workforce development under s. 49.33 49.78 (4)
6and shall keep records and furnish reports as the department of workforce
7development requires in relation to their performance of such duties.
SB44-SSA1, s. 1106 8Section 1106. 46.22 (2) (b) of the statutes is amended to read:
SB44-SSA1,484,139 46.22 (2) (b) Appoint the county social services director under sub. (3) subject
10to s. 49.33 49.78 (4) to (7) and the rules promulgated thereunder and subject to the
11approval of the county board of supervisors in a county with a single-county
12department of social services or the county boards of supervisors in counties with a
13multicounty department of social services.
SB44-SSA1, s. 1107 14Section 1107. 46.22 (3m) (a) of the statutes is amended to read:
SB44-SSA1,484,2215 46.22 (3m) (a) In any county with a county executive or a county administrator
16which that has established a single-county department of social services, the county
17executive or county administrator, subject to s. 49.33 49.78 (4) to (7) and the rules
18promulgated thereunder, shall appoint and supervise the county social services
19director. The appointment is subject to the confirmation of the county board of
20supervisors unless the county board of supervisors, by ordinance, elects to waive
21confirmation or unless the appointment is made under a civil service system
22competitive examination procedure established under s. 59.52 (8) or ch. 63.
SB44-SSA1, s. 1108 23Section 1108. 46.27 (7) (am) of the statutes is amended to read:
SB44-SSA1,485,724 46.27 (7) (am) From the appropriation under s. 20.435 (7) (bd), the department
25shall allocate funds to each county or private nonprofit agency with which the

1department contracts to pay assessment and case plan costs under sub. (6) not
2otherwise paid by fee or under s. 49.33 (2) or 49.45 or 49.78 (2). The department shall
3reimburse counties for the cost of assessing persons eligible for medical assistance
4under s. 49.46, 49.468, or 49.47 as part of the administrative services of medical
5assistance, payable under s. 49.45 (3) (a). Counties may use unspent funds allocated
6under this paragraph to pay the cost of long-term community support services and
7for a risk reserve under par. (fr).
SB44-SSA1, s. 1109 8Section 1109. 46.27 (7) (fm) of the statutes is amended to read:
SB44-SSA1,485,229 46.27 (7) (fm) The department shall, at the request of a county, carry forward
10up to 10% 5% of the amount allocated under this subsection to the county for a
11calendar year if up to 10% 5% of the amount so allocated has not been spent or
12encumbered by the county by December 31 of that year, for use by the county in the
13following calendar year, except that the amount carried forward shall be reduced by
14the amount of funds that the county has notified the department that the county
15wishes to place in a risk reserve under par. (fr). The department may transfer funds
16within s. 20.435 (7) (bd) to accomplish this purpose. An allocation under this
17paragraph does not affect a county's base allocation under this subsection and shall
18lapse to the general fund unless expended within the calendar year to which the
19funds are carried forward. A county may not expend funds carried forward under
20this paragraph for administrative or staff costs, except administrative or staff costs
21that are associated with implementation of the waiver under sub. (11) and approved
22by the department.
SB44-SSA1, s. 1111 23Section 1111. 46.27 (9) (a) of the statutes is amended to read:
SB44-SSA1,486,724 46.27 (9) (a) The department may select up to 5 counties that volunteer to
25participate in a pilot project under which they will receive certain funds allocated for

1long-term care. The department shall allocate a level of funds to these counties
2equal to the amount that would otherwise be paid under s. 20.435 (4) (b), (gp), or (w)
3to nursing homes for providing care because of increased utilization of nursing home
4services, as estimated by the department. In estimating these levels, the department
5shall exclude any increased utilization of services provided by state centers for the
6developmentally disabled. The department shall calculate these amounts on a
7calendar year basis under sub. (10).
SB44-SSA1, s. 1112 8Section 1112. 46.27 (10) (a) 1. of the statutes is amended to read:
SB44-SSA1,486,149 46.27 (10) (a) 1. The department shall determine for each county participating
10in the pilot project under sub. (9) a funding level of state medical assistance
11expenditures to be received by the county. This level shall equal the amount that the
12department determines would otherwise be paid under s. 20.435 (4) (b), (gp), or (w)
13because of increased utilization of nursing home services, as estimated by the
14department.
SB44-SSA1, s. 1113 15Section 1113. 46.275 (5) (a) of the statutes is amended to read:
SB44-SSA1,486,2116 46.275 (5) (a) Medical assistance Assistance reimbursement for services a
17county, or the department under sub. (3r), provides under this program is available
18from the appropriations appropriation accounts under s. 20.435 (4) (b), (gp), (hm), (o),
19and (w). If 2 or more counties jointly contract to provide services under this program
20and the department approves the contract, medical assistance Medical Assistance
21reimbursement is also available for services provided jointly by these counties.
SB44-SSA1, s. 1114 22Section 1114. 46.275 (5) (c) of the statutes is amended to read:
SB44-SSA1,487,423 46.275 (5) (c) The total allocation under s. 20.435 (4) (b), (gp), (hm), (o), and (w)
24to counties and to the department under sub. (3r) for services provided under this
25section may not exceed the amount approved by the federal department of health and

1human services. A county may use funds received under this section only to provide
2services to persons who meet the requirements under sub. (4) and may not use
3unexpended funds received under this section to serve other developmentally
4disabled persons residing in the county.
SB44-SSA1, s. 1115 5Section 1115. 46.275 (5) (e) of the statutes is created to read:
SB44-SSA1,487,96 46.275 (5) (e) From the appropriation under s. 20.435 (2) (gL), the department
7may provide moneys to a county to pay for one-time costs associated with the
8relocation under this section of an individual from a state center for the
9developmentally disabled.
SB44-SSA1, s. 1123 10Section 1123. 46.277 (5) (g) of the statutes is created to read:
SB44-SSA1,487,1611 46.277 (5) (g) The department may provide enhanced reimbursement for
12services provided under this section to an individual who is relocated to the
13community from a nursing home by a county department on or after the effective date
14of this paragraph .... [revisor inserts date], if the nursing home bed that was used by
15the individual is delicensed upon relocation of the individual. The department shall
16develop and utilize a formula to determine the enhanced reimbursement rate.
SB44-SSA1, s. 1131 17Section 1131. 46.278 (6) (f) of the statutes is repealed.
SB44-SSA1, s. 1132 18Section 1132. 46.279 of the statutes is created to read:
SB44-SSA1,487,20 1946.279 Restrictions on placements and admissions to intermediate
20and nursing facilities.
(1) Definitions. In this section:
SB44-SSA1,487,2121 (a) "Developmental disability" has the meaning given in s. 51.01 (5) (a).
SB44-SSA1,487,2422 (b) "Intermediate facility" means an intermediate care facility for the mentally
23retarded, as defined in 42 USC 1396d (d), other than a center for the developmentally
24disabled, as defined in s. 51.01 (3).
SB44-SSA1,488,3
1(bm) "Most integrated setting" means a setting that enables an individual to
2interact with persons without developmental disabilities to the fullest extent
3possible.
SB44-SSA1,488,44 (c) "Nursing facility" has the meaning given under 42 USC 1369r (a).
SB44-SSA1,488,16 5(2) Placements and admissions to intermediate facilities. Except as provided
6in sub. (5), no person may place an individual with a developmental disability in an
7intermediate facility and no intermediate facility may admit such an individual
8unless, before the placement or admission and after having considered a plan
9developed under sub. (4), a court under s. 55.06 (9) (a) or (10) (a) 2. finds that
10placement in the intermediate facility is the most integrated setting that is
11appropriate to the needs of the individual, taking into account information presented
12by all affected parties. An intermediate facility to which an individual who has a
13developmental disability applies for admission shall, within 5 days after receiving
14the application, notify the county department that is participating in the program
15under s. 46.278 of the county of residence of the individual who is seeking admission
16concerning the application.
SB44-SSA1,488,22 17(3) Placements and admissions to nursing facilities. Except as provided in
18sub. (5), if the department or an entity determines from a screening under s. 49.45
19(6c) (b) that an individual requires active treatment for developmental disability, no
20individual may be placed in a nursing facility, and no nursing facility may admit the
21individual, unless it is determined from the screening that the individual's need for
22care cannot fully be met in an intermediate facility or under a plan under sub. (4).
SB44-SSA1,489,2 23(4) Plan for home or community-based care. Except as provided in a contract
24specified in sub. (4m), a county department that participates in the program under
25s. 46.278 shall develop a plan for providing home or community-based care in a

1noninstitutional community setting to an individual who is a resident of that county,
2under any of the following circumstances:
SB44-SSA1,489,53 (a) Within 120 days after any determination made under s. 49.45 (6c) (c) 3. that
4the level of care required by a resident that is provided by a facility could be provided
5in an intermediate facility or under a plan under this subsection.
SB44-SSA1,489,76 (b) Within 120 days after receiving written notice under sub. (2) of an
7application.
SB44-SSA1,489,98 (c) Within 120 days after a proposal is made under s. 55.06 (9) (a) to place the
9individual in an intermediate facility or a nursing facility.
SB44-SSA1,489,1110 (d) Within 120 days after receiving written notice under s. 55.06 (10) (a) 2. of
11the placement of the individual in a nursing facility or an intermediate facility.
SB44-SSA1,489,1312 (e) Within 90 days after extension of a temporary placement order by the court
13under s. 55.06 (11) (c).
SB44-SSA1,489,17 14(4m) Contract for plan development. The department shall contract with a
15public or private agency to develop a plan under sub. (4), and the county department
16is not required to develop such a plan, for an individual, as specified in the contract,
17to whom all of the following apply:
SB44-SSA1,489,2118 (a) The individual resides in a county with a population of less than 100,000
19in which are located at least 2 intermediate facilities that have licenses issued to
20private nonprofit organizations that are exempt from federal income tax under
21section 501 (a) of the Internal Revenue Code.
SB44-SSA1,489,2422 (b) Placement for the individual is in, or proposed to be in, an intermediate
23facility specified under par. (a) that has agreed to reduce its licensed bed capacity to
24an extent and according to a schedule acceptable to the facility and the department.
SB44-SSA1,490,2
1(5) Exceptions. Subsections (2) and (3) do not apply to an emergency placement
2under s. 55.06 (11) (a) or to a temporary placement under s. 55.06 (11) (c) or (12).
SB44-SSA1, s. 1133 3Section 1133. 46.2805 (2) of the statutes is amended to read:
SB44-SSA1,490,54 46.2805 (2) "Eligible person" means a person who meets all eligibility criteria
5under s. 46.286 (1) or (1m).
SB44-SSA1, s. 1134 6Section 1134. 46.283 (5) of the statutes is amended to read:
SB44-SSA1,490,107 46.283 (5) Funding. From the appropriation accounts under s. 20.435 (4) (b),
8(bm), (gp), (pa), and (w) and (7) (b), (bd), and (md), the department may contract with
9organizations that meet standards under sub. (3) for performance of the duties under
10sub. (4) and shall distribute funds for services provided by resource centers.
SB44-SSA1, s. 1135 11Section 1135. 46.284 (5) (a) of the statutes is amended to read:
SB44-SSA1,490,1812 46.284 (5) (a) From the appropriation accounts under s. 20.435 (4) (b), (g), (gp),
13(im), (o), and (w) and (7) (b) and (bd), the department shall provide funding on a
14capitated payment basis for the provision of services under this section.
15Notwithstanding s. 46.036 (3) and (5m), a care management organization that is
16under contract with the department may expend the funds, consistent with this
17section, including providing payment, on a capitated basis, to providers of services
18under the family care benefit.
SB44-SSA1, s. 1136 19Section 1136. 46.286 (1) (intro.) of the statutes is amended to read:
SB44-SSA1,490,2420 46.286 (1) Eligibility. (intro.) Except as provided in sub. (1m), a A person is
21eligible for, but not necessarily entitled to, the family care benefit if the person is at
22least 18 years of age; has a physical disability, as defined in s. 15.197 (4) (a) 2., a
23developmental disability, as defined in s. 51.01 (5) (a),
or infirmities of aging, as
24defined in s. 55.01 (3); and meets all of the following criteria:
SB44-SSA1, s. 1137 25Section 1137. 46.286 (1m) of the statutes is repealed.
SB44-SSA1, s. 1138
1Section 1138. 46.286 (3) (a) (intro.) of the statutes is amended to read:
SB44-SSA1,491,82 46.286 (3) (a) (intro.) Subject to pars. (c) and (d), a person is entitled to and may
3receive the family care benefit through enrollment in a care management
4organization if, except as provided in subd. 5., he or she is at least 18 years of age,
5has a physical disability, as defined in s. 15.197 (4) (a) 2., a developmental disability,
6as defined in s. 51.01 (5) (a),
or infirmities of aging, as defined in s. 55.01 (3), is
7financially eligible, fulfills any applicable cost-sharing requirements and meets any
8of the following criteria:
SB44-SSA1, s. 1139 9Section 1139. 46.286 (3) (a) 5. of the statutes is repealed.
SB44-SSA1, s. 1140 10Section 1140. 46.286 (3) (d) of the statutes is amended to read:
SB44-SSA1,491,1611 46.286 (3) (d) The department shall determine the date, which shall not be later
12than January 1, 2004 2006, on which par. (a) shall first apply to persons who are not
13eligible for medical assistance under ch. 49. Before the date determined by the
14department, persons who are not eligible for medical assistance may receive the
15family care benefit within the limits of state funds appropriated for this purpose and
16available federal funds.
SB44-SSA1, s. 1141 17Section 1141. 46.287 (2) (a) 1. a. of the statutes is amended to read:
SB44-SSA1,491,1818 46.287 (2) (a) 1. a. Denial of eligibility under s. 46.286 (1) or (1m).
SB44-SSA1, s. 1142 19Section 1142. 46.29 (3) (d) of the statutes is amended to read:
SB44-SSA1,491,2120 46.29 (3) (d) The secretary of employment relations director of the office of state
21human resources management
.
SB44-SSA1, s. 1143 22Section 1143. 46.295 (1) of the statutes is amended to read:
SB44-SSA1,492,223 46.295 (1) The department may, on the request of any hearing-impaired
24person, city, village, town, or county or private agency, provide funds from the

1appropriation under s. 20.435 (6) (a) and (hs) and (7) (d) to reimburse interpreters
2for hearing-impaired persons for the provision of interpreter services.
SB44-SSA1, s. 1144 3Section 1144. 46.40 (1) (d) of the statutes is created to read:
SB44-SSA1,492,84 46.40 (1) (d) If the department receives any federal moneys under 42 USC 1396
5to 1396v in reimbursement of the cost of preventing out-of-home placements of
6children, the department shall use those moneys as the first source of moneys used
7to meet the amount of the allocation under sub. (2) that is budgeted from federal
8funds.
SB44-SSA1, s. 1145 9Section 1145. 46.40 (2) of the statutes is amended to read:
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