AB100-ASA1,427,138 46.03 (30) (a) To provide for an orderly reduction of state institutional primary
9psychiatric services the department may approve the institutes entering into
10contracts with county departments under s. 51.42 for providing primary psychiatric
11care. If excess capacity exists at state operated mental health institutes, the
12department shall, subject to s. 16.848, explore whether the possible sale or lease of
13such excess facilities may be sold or leased to a county department under s. 51.42.
AB100-ASA1, s. 830 14Section 830. 46.034 (3) of the statutes is amended to read:
AB100-ASA1,428,1215 46.034 (3) With the agreement of the affected county board of supervisors in
16a county with a single-county department or boards of supervisors in counties with
17a multicounty department, effective for the contract period beginning January 1,
181980, the department may approve a county with a single-county department or
19counties participating in a multicounty department to administer a single
20consolidated aid consisting of the state and federal financial aid available to that
21county or those counties from appropriations under s. 20.435 (3) (o) and (7) (b) and
22(o) for services provided and purchased by county departments under ss. 46.215,
2346.22, 46.23, 51.42, and 51.437. Under such an agreement, in the interest of
24improved service coordination and effectiveness, the county board of supervisors in
25a county with a single-county department or county boards of supervisors in

1counties with a multicounty department may reallocate among county departments
2under ss. 46.215, 46.22, 46.23, 51.42, and 51.437 funds that otherwise would be
3specified for use by a single county department. The budget under s. 46.031 (1) shall
4be the vehicle for expressing the proposed use of the single consolidated fund by the
5county board of supervisors in a county with a single-county department or county
6boards of supervisors in counties with a multicounty department. Approval by the
7department of this use of the fund shall be in the contract under s. 46.031 (2g).
8Counties that were selected by the department to pilot test consolidated aids for
9contract periods beginning January 1, 1978, may continue or terminate
10consolidation with the agreement of the affected county board of supervisors in a
11county with a single-county department or county boards of supervisors in counties
12with a multicounty department.
AB100-ASA1, s. 831 13Section 831. 46.035 (1) (a) of the statutes is amended to read:
AB100-ASA1,428,2214 46.035 (1) (a) The term "existing building" in relation to any conveyance, lease
15or sublease made under sub. (2) (a) 1., 2. and 3., (b), and (c) means all detention,
16treatment, administrative, recreational, infirmary, hospital, vocational and
17academic buildings; all dormitories and cottages; all storage facilities, heating
18plants, sewage disposal plants, and such other buildings, structures, facilities and
19permanent improvements as in the judgment of the secretary are needed or useful
20for the purposes of the department, and all equipment therefor and all improvements
21and additions thereto which were erected, constructed or installed prior to the
22making of such conveyance, lease or sublease.
AB100-ASA1, s. 832 23Section 832. 46.035 (1) (b) of the statutes is amended to read:
AB100-ASA1,429,724 46.035 (1) (b) The term "new building" in relation to any conveyance, lease or
25sublease made under sub. (2) (a) 1., 2. and 3., (b), and (c) means all detention,

1treatment, administrative, recreational, infirmary, hospital, vocational and
2academic buildings; all dormitories and cottages; all storage facilities, heating
3plants, sewage disposal plants, and such other buildings, structures, facilities and
4permanent improvements as in the judgment of the secretary are needed or useful
5for the purposes of the department, and all equipment therefor and all improvements
6and additions thereto which are erected, constructed or installed after the making
7of such conveyance, lease or sublease.
AB100-ASA1, s. 833 8Section 833. 46.035 (2) (intro.) of the statutes is repealed.
AB100-ASA1, s. 834 9Section 834. 46.035 (2) (a) of the statutes is renumbered 46.035 (2), and 46.035
10(2) (intro.), (a) and (c) to (j), as renumbered, are amended to read:
AB100-ASA1,429,1811 46.035 (2) (intro.) In order to provide new buildings and to enable the
12construction and financing thereof, to refinance indebtedness hereafter created by
13a nonprofit corporation for the purpose of providing a new building or buildings or
14additions or improvements thereto which are located on land owned by, or owned by
15the state and held for, the department or on lands of the institutions under the
16jurisdiction of the department or by the nonprofit corporation, or for any one or more
17of said purposes, but for no other purpose unless authorized by law, the department
18has, subject to s. 16.848, the following powers and duties:
AB100-ASA1,429,2419 (a) Without limitation by reason of any other provisions of the statutes except
20s. 16.848
, the power to sell and to convey title in fee simple to a nonprofit corporation
21any land and any existing buildings thereon owned by, or owned by the state and held
22for, the department or of any of the institutions under the jurisdiction of the
23department for such consideration and upon such terms and conditions as in the
24judgment of the secretary are in the public interest.
AB100-ASA1,430,9
1(c) The power to lease or sublease from such nonprofit corporation, and to make
2available for public use, any such land and existing buildings conveyed or leased to
3such nonprofit corporation under subds. 1. and 2. pars. (a) and (b), and any new
4buildings erected upon such land or upon any other land owned by such nonprofit
5corporation, upon such terms, conditions and rentals, subject to available
6appropriations, as in the judgment of the secretary are in the public interest. With
7respect to any property conveyed to such nonprofit corporation under subd. 1. par.
8(a)
, such lease from such nonprofit corporation may be subject or subordinated to one
9or more mortgages of such property granted by such nonprofit corporation.
AB100-ASA1,430,1310 (d) The duty to submit the plans and specifications for all such new buildings
11and all conveyances, leases and subleases made under this section subsection to the
12department of administration and the governor for written approval before they are
13finally adopted, executed and delivered.
AB100-ASA1,430,1714 (e) The power to pledge and assign all or any part of the revenues derived from
15the operation of such new buildings as security for the payment of rentals due and
16to become due under any lease or sublease of such new buildings under subd. 3 par.
17(c)
.
AB100-ASA1,430,2218 (f) The power to covenant and agree in any lease or sublease of such new
19buildings made under subd. 3. par. (c) to impose fees, rentals or other charges for the
20use and occupancy or other operation of such new buildings in an amount calculated
21to produce net revenues sufficient to pay the rentals due and to become due under
22such lease or sublease.
AB100-ASA1,430,2523 (g) The power to apply all or any part of the revenues derived from the operation
24of existing buildings to the payment of rentals due and to become due under any lease
25or sublease made under subd. 3 par. (c).
AB100-ASA1,431,3
1(h) The power to pledge and assign all or any part of the revenues derived from
2the operation of existing buildings to the payment of rentals due and to become due
3under any lease or sublease made under subd. 3 par. (c).
AB100-ASA1,431,74 (i) The power to covenant and agree in any lease or sublease made under subd.
53.
par. (c) to impose fees, rentals or other charges for the use and occupancy or other
6operation of existing buildings in an amount calculated to produce net revenues
7sufficient to pay the rentals due and to become due under such lease or sublease.
AB100-ASA1,431,138 (j) The power and duty, upon receipt of notice of any assignment by any such
9nonprofit corporation of any lease or sublease made under subd. 3. par. (c), or of any
10of its rights under any such sublease, to recognize and give effect to such assignment,
11and to pay to the assignee thereof rentals or other payments then due or which may
12become due under any such lease or sublease which has been so assigned by such
13nonprofit corporation.
AB100-ASA1, s. 835 14Section 835. 46.035 (2) (b) of the statutes is renumbered 46.035 (3) and
15amended to read:
AB100-ASA1,431,2216 46.035 (3) The state shall be is liable for accrued rentals and for any other
17default under any lease or sublease made under par. (a) 3. sub. (2) (c), and may be
18sued therefor on contract as in other contract actions pursuant to ch. 775, except that
19it shall not be is not necessary for the lessor under any such lease or sublease or any
20assignee of such lessor or any person or other legal entity proceeding on behalf of such
21lessor to file any claim with the legislature prior to the commencement of any such
22action.
AB100-ASA1, s. 836 23Section 836. 46.035 (2) (c) of the statutes is renumbered 46.035 (4).
AB100-ASA1, s. 837 24Section 837. 46.035 (2) (d) of the statutes is repealed.
AB100-ASA1, s. 838
1Section 838. 46.035 (2) (e) of the statutes is renumbered 46.035 (5) and
2amended to read:
AB100-ASA1,432,53 46.035 (5) All laws, except s. 16.848 and ch. 150, conflicting that conflict with
4any provisions of this section, are, insofar as they conflict with this section and no
5further, superseded by this section.
AB100-ASA1, s. 839 6Section 839. 46.057 (2) of the statutes is amended to read:
AB100-ASA1,432,167 46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the
8department of corrections shall transfer to the appropriation account under s. 20.435
9(2) (kx) $1,379,300 in fiscal year 2003-04 2005-06 and $1,379,300 in fiscal year
102004-05 2006-07 and, from the appropriation account under s. 20.410 (3) (hm), the
11department of corrections shall transfer to the appropriation account under s. 20.435
12(2) (kx) $2,086,700 $2,271,200 in fiscal year 2003-04 2005-06 and $2,155,600
13$2,390,600 in fiscal year 2004-05 2006-07 for services for juveniles placed at the
14Mendota juvenile treatment center. The department of health and family services
15may charge the department of corrections not more than the actual cost of providing
16those services.
AB100-ASA1, s. 840 17Section 840. 46.06 (intro.) of the statutes is created to read:
AB100-ASA1,432,19 1846.06 Lands; condemnation, easements, leases, sales, purchases.
19(intro.) Subject to s. 16.848:
AB100-ASA1, s. 841m 20Section 841m. 46.07 of the statutes is amended to read:
AB100-ASA1,433,13 2146.07 Property of patients or residents. All money including wages and
22other property delivered to an officer or employee of any institution for the benefit
23of a patient or resident shall forthwith be delivered to the steward, who shall enter
24the same money upon the steward's books to the credit of the patient or resident. The
25property shall be used only under the direction and with the approval of the

1superintendent and for the crime victim and witness assistance surcharge under s.
2973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34
3(8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046 , the drug
4offender diversion surcharge under s. 973.043,
or the benefit of the patient or
5resident. If the money remains uncalled for for one year after the patient's or
6resident's death or departure from the institution, the superintendent shall deposit
7the same money in the general fund. If any patient or resident leaves property, other
8than money, uncalled for at an institution for one year, the superintendent shall sell
9the property, and the proceeds shall be deposited in the general fund. If any person
10satisfies the department, within 5 years after the deposit, of his or her right to the
11deposit, the department shall direct the department of administration to draw its
12warrant in favor of the claimant and it shall charge the same to the appropriation
13made by s. 20.913 (3) (c).
AB100-ASA1, s. 842 14Section 842. 46.09 (intro.) of the statutes is created to read:
AB100-ASA1,433,15 1546.09 Purchases, bills, audits, payments. (intro.) Subject to s. 16.848:
AB100-ASA1, s. 843 16Section 843. 46.10 (14) (a) of the statutes is amended to read:
AB100-ASA1,434,617 46.10 (14) (a) Except as provided in pars. (b) and (c), liability of a person
18specified in sub. (2) or s. 46.03 (18) for inpatient care and maintenance of persons
19under 18 years of age at community mental health centers, a county mental health
20complex under s. 51.08, the centers for the developmentally disabled, the Mendota
21Mental Health Institute, and the Winnebago Mental Health Institute or care and
22maintenance of persons under 18 years of age in residential, nonmedical facilities
23such as group homes, foster homes, treatment foster homes, child caring institutions,
24subsidized guardianship homes, residential care centers for children and youth, and
25juvenile correctional institutions is determined in accordance with the cost-based

1fee established under s. 46.03 (18). The department shall bill the liable person up
2to any amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other
33rd-party benefits, subject to rules that include formulas governing ability to pay
4promulgated by the department under s. 46.03 (18). Any liability of the patient not
5payable by any other person terminates when the patient reaches age 18, unless the
6liable person has prevented payment by any act or omission.
AB100-ASA1, s. 844 7Section 844. 46.10 (14) (b) of the statutes is amended to read:
AB100-ASA1,434,168 46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability
9of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the
10parent's minor child who has been placed by a court order under s. 48.355 or 48.357
11in a residential, nonmedical facility such as a group home, foster home, treatment
12foster home, subsidized guardianship home, or residential care center for children
13and youth shall be determined by the court by using the percentage standard
14established by the department of workforce development under s. 49.22 (9) and by
15applying the percentage standard in the manner established by the department
16under s. 46.247.
AB100-ASA1, s. 845 17Section 845. 46.10 (16) of the statutes is amended to read:
AB100-ASA1,435,418 46.10 (16) The department shall delegate to county departments under ss.
1951.42 and 51.437 or the local providers of care and services meeting the standards
20established by the department under s. 46.036, the responsibilities vested in the
21department under this section for collection of patient fees for services other than
22those provided at state facilities or those provided to children that are reimbursed
23under a waiver under s. 46.27 (11), 46.275, or, 46.278, or 46.2785 or a waiver
24requested under 2001 Wisconsin Act 16, section 9123 (16rs), or 2003 Wisconsin Act
2533
, section 9124 (8c), if the county departments or providers meet the conditions that

1the department determines are appropriate. The department may delegate to
2county departments under ss. 51.42 and 51.437 the responsibilities vested in the
3department under this section for collection of patient fees for services provided at
4the state facilities if the necessary conditions are met.
AB100-ASA1, s. 849 5Section 849. 46.215 (2) (c) 1. of the statutes is amended to read:
AB100-ASA1,435,176 46.215 (2) (c) 1. A county department of social services shall develop, under the
7requirements of s. 46.036, plans and contracts for care and services to be purchased,
8except for care and services under subch. III of ch. 49 or s. 301.08 (2). The department
9of health and family services may review the contracts and approve them if they are
10consistent with s. 46.036 and if state or federal funds are available for such purposes.
11The joint committee on finance may require the department of health and family
12services to submit the contracts to the committee for review and approval. The
13department of health and family services may not make any payments to a county
14for programs included in a contract under review by the committee. The department
15of health and family services shall reimburse each county for the contracts from the
16appropriations under s. 20.435 (3) (o) and (7) (b) and (o), as appropriate, under s.
1746.495.
AB100-ASA1, s. 850 18Section 850. 46.22 (1) (e) 3. a. of the statutes is amended to read:
AB100-ASA1,436,519 46.22 (1) (e) 3. a. A county department of social services shall develop, under
20the requirements of s. 46.036, plans and contracts for care and services, except under
21subch. III of ch. 49 and s. 301.08 (2), to be purchased. The department of health and
22family services may review the contracts and approve them if they are consistent
23with s. 46.036 and to the extent that state or federal funds are available for such
24purposes. The joint committee on finance may require the department of health and
25family services to submit the contracts to the committee for review and approval.

1The department of health and family services may not make any payments to a
2county for programs included in the contract that is under review by the committee.
3The department of health and family services shall reimburse each county for the
4contracts from the appropriations under s. 20.435 (3) (o) and (7) (b) and (o) according
5to s. 46.495.
AB100-ASA1, s. 851 6Section 851. 46.261 (1) (a) of the statutes is amended to read:
AB100-ASA1,436,177 46.261 (1) (a) The child is living in a foster home or treatment foster home
8licensed under s. 48.62 if a license is required under that section, in a foster home
9or treatment foster home located within the boundaries of a federally recognized
10American Indian reservation in this state and licensed by the tribal governing body
11of the reservation, in a group home licensed under s. 48.625, in a subsidized
12guardianship home under s. 48.62 (5),
or in a residential care center for children and
13youth licensed under s. 48.60, and has been placed in the foster home, treatment
14foster home, group home, subsidized guardianship home, or center by a county
15department under s. 46.215, 46.22, or 46.23, by the department, or by a federally
16recognized American Indian tribal governing body in this state under an agreement
17with a county department under s. 46.215, 46.22, or 46.23.
AB100-ASA1, s. 852 18Section 852. 46.261 (2) (a) 1. of the statutes is amended to read:
AB100-ASA1,437,819 46.261 (2) (a) 1. A nonrelative who cares for the dependent child in a foster
20home or treatment foster home having a license under s. 48.62, in a foster home or
21treatment foster home located within the boundaries of a federally recognized
22American Indian reservation in this state and licensed by the tribal governing body
23of the reservation or in a group home licensed under s. 48.625, a subsidized guardian
24or interim caretaker under s. 48.62 (5) who cares for the dependent child,
or a minor
25custodial parent who cares for the dependent child, regardless of the cause or

1prospective period of dependency. The state shall reimburse counties pursuant to the
2procedure under s. 46.495 (2) and the percentage rate of participation set forth in s.
346.495 (1) (d) for aid granted under this section except that if the child does not have
4legal settlement in the granting county, state reimbursement shall be at 100%. The
5county department under s. 46.215 or 46.22 or the department under s. 48.48 (17)
6shall determine the legal settlement of the child. A child under one year of age shall
7be eligible for aid under this subsection irrespective of any other residence
8requirement for eligibility within this section.
AB100-ASA1, s. 853 9Section 853. 46.261 (2) (a) 3. of the statutes is amended to read:
AB100-ASA1,437,2010 46.261 (2) (a) 3. A county or, in a county having a population of 500,000 or more,
11the department, when the child is placed in a licensed foster home, treatment foster
12home, group home, or residential care center for children and youth or in a subsidized
13guardianship home
by a licensed child welfare agency or by a federally recognized
14American Indian tribal governing body in this state or by its designee, if the child is
15in the legal custody of the county department under s. 46.215, 46.22 , or 46.23 or the
16department under s. 48.48 (17) or if the child was removed from the home of a
17relative, as defined under s. 48.02 (15), as a result of a judicial determination that
18continuance in the home of the relative would be contrary to the child's welfare for
19any reason and the placement is made pursuant to an agreement with the county
20department or the department.
AB100-ASA1, s. 854 21Section 854. 46.261 (2) (a) 4. of the statutes is amended to read:
AB100-ASA1,438,522 46.261 (2) (a) 4. A licensed foster home, treatment foster home, group home,
23or residential care center for children and youth or a subsidized guardianship home
24when the child is in the custody or guardianship of the state, when the child is a ward
25of an American Indian tribal court in this state and the placement is made under an

1agreement between the department and the tribal governing body, or when the child
2was part of the state's direct service case load and was removed from the home of a
3relative, as defined under s. 48.02 (15), as a result of a judicial determination that
4continuance in the home of a relative would be contrary to the child's welfare for any
5reason and the child is placed by the department.
AB100-ASA1, s. 855 6Section 855. 46.261 (2) (b) of the statutes is amended to read:
AB100-ASA1,438,157 46.261 (2) (b) Notwithstanding par. (a), aid under this section may not be
8granted for placement of a child in a foster home or treatment foster home licensed
9by a federally recognized American Indian tribal governing body, for placement of a
10child in a foster home, treatment foster home, group home, subsidized guardianship
11home,
or residential care center for children and youth by a tribal governing body or
12its designee, or for the placement of a child who is a ward of a tribal court if the tribal
13governing body is receiving or is eligible to receive funds from the federal government
14for that type of placement or for placement of a child in a group home licensed under
15s. 48.625
.
AB100-ASA1, s. 856 16Section 856. 46.27 (5) (i) of the statutes is amended to read:
AB100-ASA1,439,1117 46.27 (5) (i) In the instances in which an individual who is provided long-term
18community support services under par. (b) for which the individual receives direct
19funding, serve directly as a fiscal agent or contract with a fiscal intermediary to serve
20as a fiscal agent for that individual for the purposes of performing the responsibilities
21and protecting the interests of the individual under the unemployment insurance
22law. The county department or aging unit may elect to act as a fiscal agent or contract
23with a fiscal intermediary to serve as a fiscal agent for an individual who is provided
24long-term support services under s. 46.275, 46.277, 46.278, 46.2785, 46.495, 51.42,
25or 51.437. The fiscal agent under this paragraph is responsible for remitting any

1federal unemployment compensation taxes or state unemployment insurance
2contributions owed by the individual, including any interest and penalties which are
3owed by the individual; for serving as the representative of the individual in any
4investigation, meeting, hearing or appeal involving ch. 108 or the federal
5unemployment tax act (26 USC 3301 to 3311) in which the individual is a party; and
6for receiving, reviewing, completing and returning all forms, reports and other
7documents required under ch. 108 or the federal unemployment tax act on behalf of
8the individual. An individual may make an informed, knowing and voluntary
9election to waive the right to a fiscal agent. The waiver may be as to all or any portion
10of the fiscal agent's responsibilities. The waiver may be rescinded in whole or in part
11at any time.
AB100-ASA1, s. 857 12Section 857. 46.27 (6r) (a) of the statutes is amended to read:
AB100-ASA1,439,2113 46.27 (6r) (a) A person who is initially eligible for services under sub. (7) (b),
14for whom home and community-based services are available under sub. (11) or s.
1546.275, 46.277 or, 46.278, or 46.2785 that require less total expenditure of state funds
16than do comparable services under sub. (7) (b) and who is eligible for and offered the
17home and community-based services under sub. (11) or s. 46.275, 46.277 or, 46.278,
18or 46.2785, but who declines the offer, except that a county may use funds received
19under sub. (7) (b) to pay for long-term community support services for the person for
20a period of up to 90 days during which an application for services under sub. (11) or
21s. 46.275, 46.277 or, 46.278, or 46.2785 for the person is processed.
AB100-ASA1, s. 862 22Section 862. 46.27 (11) (a) of the statutes is repealed.
AB100-ASA1, s. 865m 23Section 865m. 46.275 (5) (b) 5. of the statutes is amended to read:
AB100-ASA1,440,224 46.275 (5) (b) 5. Provide residential services in any community-based
25residential facility, as defined in s. 50.01 (1g), or group home, as defined in s. 48.02

1(7) that has more than 4 8 beds, unless the department approves the provision of
2services in a community-based residential facility or group home that has 5 to 8 beds
.
AB100-ASA1, s. 868 3Section 868. 46.277 (1m) (ag) of the statutes is created to read:
AB100-ASA1,440,54 46.277 (1m) (ag) "Delicensed" means deducted from the number of beds stated
5on a facility's license, as specified under s. 50.03 (4) (e).
AB100-ASA1, s. 869 6Section 869. 46.277 (5) (g) of the statutes is amended to read:
AB100-ASA1,440,167 46.277 (5) (g) The department may provide enhanced reimbursement for
8services provided under this section to an individual who has resided in a nursing
9home for at least 100 consecutive days and
who is relocated to the community from
10a nursing home by a county department on or after July 26, 2003 the effective date
11of this paragraph .... [revisor inserts date]
, if the nursing home bed that was used by
12the individual is delicensed upon relocation of the individual
number of individuals
13served under this paragraph does not exceed the number of nursing home beds that
14are delicensed as part of plans submitted by nursing homes and approved by the
15department
. The department shall develop and utilize a formula to determine the
16enhanced reimbursement rate.
AB100-ASA1, s. 872 17Section 872. 46.2785 of the statutes is created to read:
AB100-ASA1,440,19 1846.2785 Community Opportunities and Recovery Program. (1)
19Definitions. In this section:
AB100-ASA1,440,2020 (a) "Nursing facility" has the meaning given in 42 USC 1396r (a).
AB100-ASA1,440,2121 (b) "Serious mental illness" has the meaning given in 42 CFR 483.102 (b) (1).
AB100-ASA1,440,2422 (c) "Waiver program" means the Community Opportunities and Recovery
23Program for which a waiver has been requested under sub. (2) and granted under 42
24USC 1396n
(c).
AB100-ASA1,441,8
1(2) Waiver request. The department may request a waiver from the secretary
2of the U.S. department of health and human services, under 42 USC 1396n (c),
3authorizing the department to serve in their communities medical assistance
4recipients who meet eligibility requirements specified in sub. (4) by providing them
5home or community-based services as part of the Medical Assistance program. If the
6department requests the waiver, it shall include all the assurances required under
742 USC 1396n (c) (2) in the request. If the department receives the waiver, it may
8request an extension of the waiver under 42 USC 1396n (c).
AB100-ASA1,441,13 9(3) Contract for administration. If doing so is consistent with the waiver
10received by the department as specified in sub. (2), the department may contract with
11a county or a private agency to administer the waiver program. A private agency
12with which the department contracts shall have the powers and duties of a county
13under this section.
AB100-ASA1,441,17 14(4) Eligibility. Any medical assistance recipient who has a serious mental
15illness and meets the level of care requirements under s. 49.45 (6m) (i) for
16reimbursement of nursing home care under the Medical Assistance program is
17eligible to participate in the waiver program.
AB100-ASA1,441,20 18(5) Funding. (a) Medical assistance reimbursement for services a county or
19private agency contracts for or provides under the waiver program shall be made
20from the appropriation accounts under s. 20.435 (4) (b) and (o).
AB100-ASA1,441,2521 (b) The department may, from the appropriation account under s. 20.435 (4) (o),
22reimburse a county for providing, or contracting to provide, services that cost more
23than the average annual per person rate established by the department, but less
24than the average amount approved by the federal government for the waiver
25program.
AB100-ASA1, s. 872g
1Section 872g. 46.279 (4n) of the statutes is created to read:
AB100-ASA1,442,102 46.279 (4n) Contract for plan payment. The department and the county
3specified in sub. (4m) (a) shall negotiate a contract under which the department shall
4provide payment, from the appropriation account under s. 20.435 (4) (b), to
5implement a plan to provide care in a noninstitutional community setting to an
6individual who has established residence in the county in order to be admitted to an
7intermediate facility in the county. The contract may provide for the negotiation of
8a memorandum of understanding between the parties that identifies the relative
9functions and duties of the department and the county in implementing plans under
10sub. (4) for residents of intermediate facilities in the county.
AB100-ASA1, s. 872m 11Section 872m. 46.281 (1) (e) of the statutes is renumbered 46.281 (1) (e)
12(intro.) and amended to read:
AB100-ASA1,442,1313 46.281 (1) (e) (intro.) After June 30, 2001, if:
AB100-ASA1,442,20 141. If the local long-term care council for the applicable area has developed the
15initial plan under s. 46.282 (3) (a) 1., contract with entities specified under par. (d)
16and, only if specifically authorized by the legislature and if the legislature
17appropriates necessary funding, contract as so authorized with one or more entities
18in addition to those specified in par. (d) certified as meeting requirements under s.
1946.284 (3) for services of the entity as a care management organization and one or
20more entities for services specified under s. 46.283 (3) and (4)
.
AB100-ASA1, s. 872n 21Section 872n. 46.281 (1) (e) 2. of the statutes is created to read:
AB100-ASA1,443,1022 46.281 (1) (e) 2. Contract with entities specified under par. (d) and other
23entities for the provision of services under s. 46.283 (3) and (4), except that after the
24effective date of this subdivision .... [revisor inserts date], the department shall notify
25the joint committee on finance in writing of any proposed contract with an entity that

1did not have a contract to provide services under s. 46.283 (3) and (4) before the
2effective date of this subdivision .... [revisor inserts date]. If the cochairpersons of
3the committee do not notify the department within 14 working days after the date
4of the department's notification that the committee has scheduled a meeting for the
5purpose of reviewing the proposed contract, the department may enter into the
6proposed contract. If within 14 working days after the date of the department's
7notification the cochairpersons of the committee notify the department that the
8committee has scheduled a meeting for the purpose of reviewing the proposed
9contract, the department may enter into the proposed contract only upon approval
10of the committee.
AB100-ASA1, s. 872o 11Section 872o. 46.283 (1) (a) (intro.) of the statutes is amended to read:
AB100-ASA1,443,1512 46.283 (1) (a) (intro.) After considering recommendations of the local
13long-term care council under s. 46.282 (3) (a) 1., a
A county board of supervisors
14and, in a county with a county executive or a county administrator, the county
15executive or county administrator, may decide all of the following:
AB100-ASA1, s. 872p 16Section 872p. 46.283 (1) (b) of the statutes is amended to read:
AB100-ASA1,443,2117 46.283 (1) (b) After considering recommendations of the local long-term care
18council under s. 46.282 (3) (a) 1., the
The governing body of a tribe or band or of the
19Great Lakes Inter-Tribal Council, Inc., may decide whether to authorize a tribal
20agency to apply to the department for a contract to operate a resource center for tribal
21members and, if so, which client group to serve.
AB100-ASA1, s. 872q 22Section 872q. 46.283 (1) (c) of the statutes is amended to read:
AB100-ASA1,444,223 46.283 (1) (c) Under the requirements of par. (a), a A county board of
24supervisors may decide to apply to the department for a contract to operate a
25multicounty resource center in conjunction with the county board or boards of one

1or more other counties or a county-tribal resource center in conjunction with the
2governing body of a tribe or band or the Great Lakes Inter-Tribal Council, Inc.
AB100-ASA1, s. 872r 3Section 872r. 46.283 (1) (d) of the statutes is amended to read:
AB100-ASA1,444,84 46.283 (1) (d) Under the requirements of par. (b), the The governing body of a
5tribe or band may decide to apply to the department for a contract to operate a
6resource center in conjunction with the governing body or governing bodies of one or
7more other tribes or bands or the Great Lakes Inter-Tribal Council, Inc., or with a
8county board of supervisors.
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