SB44-SSA1, s. 1131 17Section 1131. 46.278 (6) (f) of the statutes is repealed.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:
SB44-SSA1,492,1310 46.40 (2) Basic county allocation. Subject to sub. (9), for social services under
11s. 46.495 (1) (d) and services under s. 51.423 (2), the department shall distribute not
12more than $244,745,200 for fiscal year 2001-02 and $244,703,400 for fiscal year
132002-03
$242,078,700 in each fiscal year.
SB44-SSA1, s. 1146 14Section 1146. 46.40 (7) of the statutes is amended to read:
SB44-SSA1,492,1815 46.40 (7) Family support allocation. For family support programs for the
16families of disabled children under s. 46.985, the department shall distribute not
17more than $4,589,800 in fiscal year 2001-02 and
not more than $5,089,800 in fiscal
18year 2002-03 and
in each fiscal year thereafter.
SB44-SSA1, s. 1147 19Section 1147. 46.45 (2) (a) of the statutes is amended to read:
SB44-SSA1,493,1420 46.45 (2) (a) If Subject to par. (am), if on December 31 of any year there remains
21unspent or unencumbered in the allocation under s. 46.40 (2) an amount that exceeds
22the amount received under 42 USC 670 to 679a and allocated under s. 46.40 (2) in
23that year, the department shall carry forward the excess moneys and distribute not
24less than 50% of the excess moneys to counties having a population of less than
25500,000 that are making a good faith effort, as determined by the department, to

1comply with s. 46.22 (1) (c) 8. f. for services and projects to assist children and
2families, notwithstanding the percentage limit specified in sub. (3) (a). A county
3shall use not less than 50% of the moneys distributed to the county under this
4subsection for services for children who are at risk of abuse or neglect to prevent the
5need for child abuse and neglect intervention services, except that in the calendar
6year in which a county achieves compliance with s. 46.22 (1) (c) 8. f. and in the 2
7calendar years after that calendar year the county may use 100% of the moneys
8distributed under this paragraph to reimburse the department for the costs of
9achieving that compliance. If a county does not comply with s. 46.22 (1) (c) 8. f. before
10July 1, 2005, the department may recover any amounts distributed to that county
11under this paragraph after June 30, 2001, by billing the county or deducting from
12that county's allocation under s. 46.40 (2). All moneys received by the department
13under this paragraph shall be credited to the appropriation account under s. 20.435
14(3) (j).
SB44-SSA1, s. 1148 15Section 1148. 46.45 (2) (am) of the statutes is created to read:
SB44-SSA1,493,1916 46.45 (2) (am) If on December 31 of any year a county is not using the
17centralized unit contracted for under s. 46.03 (7) (h) for determining whether the cost
18of providing care for a child is eligible for reimbursement under 42 USC 670 to 679a,
19the department shall reduce that county's distribution under par. (a) by 50%.
SB44-SSA1, s. 1149 20Section 1149. 46.45 (3) (a) of the statutes is amended to read:
SB44-SSA1,494,921 46.45 (3) (a) Except as provided in par. (b), at the request of a county, tribal
22governing body, or private nonprofit organization, the department shall carry
23forward up to 3% of the total amount allocated to the county, tribal governing body,
24or nonprofit organization for a calendar year, not including the amount allocated to
25the county under s. 46.40 (7), which amount may be carried forward as provided in

1par. (c)
. All funds carried forward for a tribal governing body or nonprofit
2organization, all federal child welfare funds under 42 USC 620 to 626, and all funds
3allocated under s. 46.40 (2m) carried forward for a county shall be used for the
4purpose for which the funds were originally allocated. Except as provided under par.
5(am), other
Other funds carried forward under this paragraph may be used for any
6purpose under s. 20.435 (7) (b), except that a county may not use any funds carried
7forward under this paragraph for administrative or staff costs. An allocation of
8carried-forward funding under this paragraph does not affect a county's base
9allocations under s. 46.40 (2), (2m), (8), and (9)
.
SB44-SSA1, s. 1150 10Section 1150. 46.45 (3) (am) of the statutes is repealed.
SB44-SSA1, s. 1151 11Section 1151. 46.45 (3) (c) of the statutes is created to read:
SB44-SSA1,494,2012 46.45 (3) (c) At the request of a county, the department shall carry forward up
13to 5% of the amount allocated to the county under s. 46.40 (7) for a calendar year.
14All funds carried forward under this paragraph shall be used for the purpose for
15which the funds were originally allocated, except that a county may not use any of
16those funds for administrative or staff costs. All funds carried forward under this
17paragraph that are not spent or encumbered by a county December 31 of the calendar
18year to which those funds were carried forward shall lapse to the general fund on the
19succeeding January 1. An allocation of carried-forward funding under this
20paragraph does not affect a county's base allocation under s. 46.40 (7).
SB44-SSA1, s. 1152 21Section 1152. 46.45 (6) of the statutes is renumbered 46.45 (6) (a) and
22amended to read:
SB44-SSA1,495,323 46.45 (6) (a) The department may carry forward 10% of any funds specified in
24sub. (3) (a) that are
not carried forward under sub. (3) (a) for emergencies, for
25justifiable unit services costs above planned levels, and to provide compensation for

1increased costs due to population shifts. An allocation of carried-forward funding
2under this paragraph does not affect a county's base allocations under s. 46.40 (2),
3(2m), (8), and (9).
SB44-SSA1, s. 1153 4Section 1153. 46.45 (6) (b) of the statutes is created to read:
SB44-SSA1,495,95 46.45 (6) (b) The department may carry forward any funds specified in sub. (3)
6(c) that are not carried forward under sub. (3) (c) for emergencies, for justifiable unit
7services costs above planned levels, and for increased costs due to population shifts.
8An allocation of carried-forward funding under this paragraph does not affect a
9county's base allocation under s. 46.40 (7).
SB44-SSA1, s. 1154d 10Section 1154d. 46.46 (1) of the statutes is amended to read:
SB44-SSA1,495,1911 46.46 (1) From the appropriation account under s. 20.435 (8) (mb), the
12department shall support costs that are exclusively related to the ongoing and
13recurring
operational costs of augmenting the amount of moneys received under 42
14USC 670
to 679a, 42 USC 1395 to 1395ddd, and 42 USC 1396 to 1396v, to the
15purposes specified in 2003 Wisconsin Act .... (this act), section 9124 (9c), and to any
16other purpose provided for by the legislature by law or in budget determinations and
17shall distribute moneys to counties as provided in sub. (1g)
. In addition, the
18department may expend moneys from the appropriation account under s. 20.435 (8)
19(mb) as provided in sub. subs. (1m) and (2).
SB44-SSA1, s. 1154e 20Section 1154e. 46.46 (1) of the statutes, as affected by 2003 Wisconsin Act ....
21(this act), is amended to read:
SB44-SSA1,496,522 46.46 (1) From the appropriation account under s. 20.435 (8) (mb), the
23department shall support costs that are exclusively related to the ongoing and
24recurring operational costs of augmenting the amount of moneys received under 42
25USC 670
to 679a, 42 USC 1395 to 1395ddd, and 42 USC 1396 to 1396v, to the

1purposes specified in 2003 Wisconsin Act .... (this act), section 9124 (9c),
and to any
2other purpose provided for by the legislature by law or in budget determinations and
3shall distribute moneys to counties as provided in sub. (1g). In addition, the
4department may expend moneys from the appropriation account under s. 20.435 (8)
5(mb) as provided in subs. sub. (1m) and (2).
SB44-SSA1, s. 1155 6Section 1155. 46.46 (1g) of the statutes is created to read:
SB44-SSA1,496,167 46.46 (1g) The department shall distribute not less than 50% of the moneys
8received under 42 USC 1396 to 1396v as a result of the augmentation activities
9specified in sub. (1) and credited to the appropriation account under s. 20.435 (8) (mb)
10to counties that are participating in those activities for community social, mental
11health, developmental disabilities, and alcohol and other drug abuse services under
12s. 46.40. The department may distribute any moneys received under 42 USC 1396
13to 1396v as a result of the augmentation activities specified in sub. (1) and credited
14to the appropriation account under s. 20.435 (8) (mb) that are not distributed under
15this subsection to counties that are participating in those activities as provided in
16sub. (2).
SB44-SSA1, s. 1156d 17Section 1156d. 46.46 (1m) of the statutes is amended to read:
SB44-SSA1,497,218 46.46 (1m) In addition to expending moneys from the appropriation account
19under s. 20.435 (8) (mb) for the augmentation activities specified in sub. (1), the
20department may expend moneys received under 42 USC 1396 to 1396v in
21reimbursement of the cost of providing targeted case management services to
22children whose care is not eligible for reimbursement under 42 USC 670 to 679a and
23credited to the appropriation account under s. 20.435 (8) (mb) to support the counties'
24share of implementing the statewide automated child welfare information system

1under s. 46.22 (1) (c) 8. f. and to provide services to children and families under s.
248.48 (17).
SB44-SSA1, s. 1157 3Section 1157. 46.46 (2) of the statutes is amended to read:
SB44-SSA1,497,184 46.46 (2) If the department proposes to use any moneys from the appropriation
5account under s. 20.435 (8) (mb) for any purpose other than the purpose purposes
6specified in sub. subs. (1), (1g), and (1m), the department shall submit a plan for the
7proposed use of those moneys to the secretary of administration by September 1 of
8the fiscal year after the fiscal year in which those moneys were received. If the
9secretary of administration approves the plan, he or she shall submit the plan to the
10joint committee on finance by October 1 of the fiscal year after the fiscal year in which
11those moneys were received. If the cochairpersons of the committee do not notify the
12secretary of administration within 14 working days after the date of submittal of the
13plan that the committee has scheduled a meeting for the purpose of reviewing the
14plan, the department may implement the plan. If within 14 working days after the
15date of the submittal by the secretary of administration the cochairpersons of the
16committee notify him or her that the committee has scheduled a meeting for the
17purpose of reviewing the plan, the department may implement the plan only with the
18approval of the committee.
SB44-SSA1, s. 1157b 19Section 1157b. 46.46 (2) of the statutes, as affected by 2003 Wisconsin Act ....
20(this act), is repealed.
SB44-SSA1, s. 1158 21Section 1158. 46.48 (6) (title) of the statutes is repealed.
SB44-SSA1, s. 1159 22Section 1159. 46.48 (6) of the statutes is renumbered 16.964 (9) (a) and
23amended to read:
SB44-SSA1,498,224 16.964 (9) (a) The department shall distribute A grant in the amount of $80,000
25in each fiscal year to the career youth development center Career Youth

1Development Center
in the city of Milwaukee for the operation of a minority youth
2substance abuse treatment program.
SB44-SSA1, s. 1159c 3Section 1159c. 46.48 (7) of the statutes is repealed.
SB44-SSA1, s. 1160 4Section 1160. 46.481 (2) (title) of the statutes is repealed.
SB44-SSA1, s. 1161 5Section 1161. 46.481 (2) of the statutes is renumbered 16.964 (9) (b) and
6amended to read:
SB44-SSA1,498,127 16.964 (9) (b) The department shall award A grant in the amount of $5,000 in
8each fiscal year as a grant to the Milwaukee police athletic league Police Athletic
9League
to purchase sports and recreational equipment for a gymnasium facility
10located at 2449 N. 36th Street in the city of Milwaukee and for a gymnasium facility
11located at 2544 N. 30th Street in the city of Milwaukee, and to contribute to the
12operating expenses of those gymnasium facilities.
SB44-SSA1, s. 1162 13Section 1162. 46.481 (4) (title) of the statutes is repealed.
SB44-SSA1, s. 1163 14Section 1163. 46.481 (4) of the statutes is renumbered 16.964 (9) (c) and
15amended to read:
SB44-SSA1,498,1916 16.964 (9) (c) The department shall distribute A grant in the amount of $50,000
17in each fiscal year as grants to court-appointed special advocate programs that are
18recognized by a chief judge of a judicial administrative district under s. 48.07 (5) to
19perform advocacy services in proceedings under s. 48.13.
SB44-SSA1, s. 1164 20Section 1164. 46.481 (6) (title) of the statutes is repealed.
SB44-SSA1, s. 1165 21Section 1165. 46.481 (6) of the statutes is renumbered 16.964 (9) (d) and
22amended to read:
SB44-SSA1,498,2523 16.964 (9) (d) The department shall distribute A grant in the amount of $50,000
24in each fiscal year to the children's safe house child care program Children's Safe
25House Child Care Program
in Kenosha County for the operation of that program.
SB44-SSA1, s. 1166
1Section 1166. 46.485 (2g) (intro.) of the statutes is amended to read:
SB44-SSA1,499,72 46.485 (2g) (intro.) From the appropriation accounts under s. 20.435 (4) (b) and
3(gp)
, the department may in each fiscal year transfer funds to the appropriation
4under s. 20.435 (7) (kb) for distribution under this section and from the appropriation
5under s. 20.435 (7) (mb) the department may not distribute more than $1,330,500 in
6each fiscal year to applying counties in this state that meet all of the following
7requirements, as determined by the department:
SB44-SSA1, s. 1167m 8Section 1167m. 46.485 (2g) (b) (intro.) of the statutes is created to read:
SB44-SSA1,499,99 46.485 (2g) (b) (intro.) Any of the following applies to the county:
SB44-SSA1, s. 1168m 10Section 1168m. 46.485 (2g) (b) of the statutes is renumbered 46.485 (2g) (b)
111.
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