SB40-CSA1, s. 956g 15Section 956g. 46.281 (4) of the statutes is created to read:
SB40-CSA1,560,2016 46.281 (4) County contribution. (a) In this subsection, "base amount" means
17the amount that a county expended in calendar year 2006, as determined by the
18department, to provide long-term care services to individuals who would have been
19eligible for the family care benefit in calendar year 2006 if the family care benefit had
20been available to residents of the county.
SB40-CSA1,560,2421 (b) Except as provided in par. (c), each county in which the department has a
22contract with an entity to administer the family care benefit shall in each year of the
23contract either pay the department the following amount or agree to reduce the
24community aids distribution to the county under s. 46.40 (2) by the following amount:
SB40-CSA1,561,3
11. If the base amount for the county is less than or equal to 22 percent of the
2calendar year 2006 community aids distribution to the county under s. 46.40 (2), the
3base amount.
SB40-CSA1,561,64 2. If the base amount for the county is greater than 22 percent of the calendar
5year 2006 community aids distribution to the county under s. 46.40 (2), the following
6amounts in the following years:
SB40-CSA1,561,87 a. For the first year that the department contracts for administration of the
8family care benefit in the county, the base amount for the county.
SB40-CSA1,561,139 b. For the 2nd, 3rd, and 4th years that the department contracts for
10administration of the family care benefit in the county, the amount from the previous
11year minus 25 percent of the difference between the base amount for the county and
1222 percent of the calendar year 2006 community aids distribution to the county under
13s. 46.40 (2).
SB40-CSA1,561,1614 c. For the 5th year and each subsequent year that the department contracts for
15administration of the family care benefit in the county, 22 percent of the calendar
16year 2006 community aids distribution to the county under s. 46.40 (2).
SB40-CSA1,561,2317 (c) Each county in which the department has a contract with an entity to
18administer the family care benefit, and in which the department had such a contract
19before January 1, 2006, shall annually either pay the department or agree to reduce
20the community aids distribution to the county under s. 46.40 (2) by the amount that
21the county paid the department, or by which the county's community aids
22distribution was reduced, in calendar year 2006 to fund the program under ss.
2346.2805 to 46.2895.
SB40-CSA1,561,2524 (d) The department shall deposit payments made by counties under this
25subsection in the appropriation account under s. 20.435 (7) (g).
SB40-CSA1, s. 957
1Section 957. 46.282 (title) of the statutes is repealed.
SB40-CSA1, s. 958 2Section 958. 46.282 (2) of the statutes is repealed.
SB40-CSA1, s. 959 3Section 959. 46.282 (3) (title) of the statutes is repealed.
SB40-CSA1, s. 960 4Section 960. 46.282 (3) (a) (intro.) of the statutes is repealed.
SB40-CSA1, s. 961 5Section 961. 46.282 (3) (a) 1. of the statutes is repealed.
SB40-CSA1, s. 962 6Section 962. 46.282 (3) (a) 2. of the statutes is repealed.
SB40-CSA1, s. 963 7Section 963. 46.282 (3) (a) 3. of the statutes is repealed.
SB40-CSA1, s. 964 8Section 964. 46.282 (3) (a) 4. of the statutes is repealed.
SB40-CSA1, s. 965 9Section 965. 46.282 (3) (a) 5. of the statutes is repealed.
SB40-CSA1, s. 966 10Section 966. 46.282 (3) (a) 6. of the statutes is repealed.
SB40-CSA1, s. 967 11Section 967. 46.282 (3) (a) 7. of the statutes is repealed.
SB40-CSA1, s. 968 12Section 968. 46.282 (3) (a) 8. of the statutes is renumbered 46.2825 (2) (e) and
13amended to read:
SB40-CSA1,562,1514 46.2825 (2) (e) Monitor the pattern of enrollments and disenrollments in local
15care management organizations that provide services in the committee's region.
SB40-CSA1, s. 969 16Section 969. 46.282 (3) (a) 9. of the statutes is renumbered 46.283 (6) (b) 3. and
17amended to read:
SB40-CSA1,562,2218 46.283 (6) (b) 3. Identify any gaps in services, living arrangements, and
19community resources and develop strategies to build local capacity to serve older
20persons and persons with physical or developmental disabilities
needed by
21individuals belonging to the client groups served by the resource center
, especially
22those with long-term care needs.
SB40-CSA1, s. 970 23Section 970. 46.282 (3) (a) 10. of the statutes is renumbered 46.2825 (2) (g) and
24amended to read:
SB40-CSA1,563,3
146.2825 (2) (g) Perform long-range planning on long-term care policy for older
2persons and persons with physical or developmental disabilities
individuals
3belonging to the client groups served by the resource center
.
SB40-CSA1, s. 971 4Section 971. 46.282 (3) (a) 11. of the statutes is renumbered 46.283 (6) (b) 8.
5and amended to read:
SB40-CSA1,563,126 46.283 (6) (b) 8. Annually review interagency agreements between a the
7resource center and care management organization or organizations that provide
8services in the area served by the resource center
and make recommendations, as
9appropriate, on the interaction between the resource center and the care
10management organization or organizations to assure coordination between or
11among them and to assure access to and timeliness in provision of services by the
12resource center and the care management organizations
.
SB40-CSA1, s. 972 13Section 972. 46.282 (3) (a) 12. of the statutes is renumbered 46.283 (6) (b) 9.
14and amended to read:
SB40-CSA1,563,1915 46.283 (6) (b) 9. Annually review Review the number and types of complaints
16and
grievances about and appeals concerning the long-term care system by persons
17who receive or may receive care under the system
in the area served by the resource
18center
, to determine if a need exists for system changes, and recommend system or
19other changes if appropriate.
SB40-CSA1, s. 973 20Section 973. 46.282 (3) (a) 13. of the statutes is renumbered 46.283 (6) (b) 6.
21and amended to read:
SB40-CSA1,563,2522 46.283 (6) (b) 6. Identify potential new sources of community resources and
23funding for needed services for older persons and persons with physical or
24developmental disabilities
individuals belonging to the client groups served by the
25resource center
.
SB40-CSA1, s. 974
1Section 974. 46.282 (3) (a) 14. of the statutes is repealed.
SB40-CSA1, s. 975 2Section 975. 46.282 (3) (a) 15. of the statutes is repealed.
SB40-CSA1, s. 976 3Section 976. 46.282 (3) (b) of the statutes is renumbered 46.283 (6) (b) 10. and
4amended to read:
SB40-CSA1,564,85 46.283 (6) (b) 10. A local long-term care council may, within the local
6long-term care council's area
If directed to do so by the county board, assume the
7duties of the county long-term community support planning committee as specified
8under s. 46.27 (4) for a county served by the resource center.
SB40-CSA1, s. 977 9Section 977. 46.2825 of the statutes is created to read:
SB40-CSA1,564,17 1046.2825 Regional long-term care advisory committees. (1) Creation.
11The governing board of each resource center operating in a region established by the
12department under s. 46.281 (1n) (d) 1. shall appoint the number of its members that
13is specified by the department under s. 46.281 (1n) (d) 2. to a regional long-term care
14advisory committee. At least 50 percent of the persons a resource center board
15appoints to a regional long-term care advisory committee shall be older persons or
16persons with a physical or developmental disability or their family members,
17guardians, or other advocates.
SB40-CSA1,564,19 18(2) Duties. A regional long-term care advisory committee shall do all of the
19following:
SB40-CSA1,564,2520 (a) Evaluate the performance of care management organizations and entities
21that operate a program described under s. 46.2805 (1) (a) or (b) in the committee's
22region with respect to responsiveness to recipients of their services, fostering choices
23for recipients, and other issues affecting recipients; and make recommendations
24based on the evaluation to the department and to the care management
25organizations and entities, as appropriate.
SB40-CSA1,565,3
1(b) Evaluate the performance of resource centers operating in the committee's
2region and, as appropriate, make recommendations, concerning their performance
3to the department and the resource centers.
SB40-CSA1,565,64 (c) Monitor grievances and appeals made to care management organizations
5or entities that operate a program described under s. 46.2805 (1) (a) or (b) within the
6committee's region.
SB40-CSA1,565,77 (d) Review utilization of long-term care services in the committee's region.
SB40-CSA1,565,138 (f) Using information gathered under s. 46.283 (6) (b) 2. by governing boards
9of resources centers operating in the committee's region and other available
10information, identify any gaps in the availability of services, living arrangements,
11and community resources needed by older persons and persons with physical or
12developmental disabilities, and develop strategies to build capacity to provide those
13services, living arrangements, and community resources in the committee's region.
SB40-CSA1,565,1614 (h) Annually report to the department regarding significant achievements and
15problems relating to the provision of long-term care services in the committee's
16region.
SB40-CSA1, s. 978 17Section 978. 46.283 (1) (a) 2. of the statutes is amended to read:
SB40-CSA1,565,1918 46.283 (1) (a) 2. Whether to create a family long-term care district to apply to
19the department for a contract to operate a resource center.
SB40-CSA1, s. 979 20Section 979. 46.283 (2) (a) of the statutes is repealed.
SB40-CSA1, s. 980 21Section 980. 46.283 (2) (b) of the statutes is renumbered 46.283 (2), and 46.283
22(2) (intro.) and (b), as renumbered, are amended to read:
SB40-CSA1,566,523 46.283 (2) (intro.) After June 30, 2001, the The department may, if the
24applicable review conditions under s. 46.281 (1) (e) 2. are satisfied,
contract to
25operate a resource center with counties, family long-term care districts, or the

1governing body of a tribe or band or the Great Lakes Inter-Tribal Council, Inc., under
2a joint application of any of these, or with a private nonprofit organization if the
3department determines that the organization has no significant connection to an
4entity that operates a care management organization and if any of the following
5applies:
SB40-CSA1,566,76 (b) A county agency or a family long-term care district applies for a contract
7but fails to meet the standards specified in sub. (3).
SB40-CSA1, s. 981 8Section 981. 46.283 (3) (h) of the statutes is repealed.
SB40-CSA1, s. 982 9Section 982. 46.283 (3) (i) of the statutes is repealed.
SB40-CSA1, s. 983 10Section 983. 46.283 (3) (k) of the statutes is amended to read:
SB40-CSA1,566,1311 46.283 (3) (k) A determination of eligibility for state supplemental payments
12under s. 49.77, medical assistance under s. 49.46, 49.468 or, 49.47, or 49.471, or the
13federal food stamp program under 7 USC 2011 to 2029.
SB40-CSA1, s. 984 14Section 984. 46.283 (4) (e) of the statutes is amended to read:
SB40-CSA1,566,2215 46.283 (4) (e) Within 6 months after the family care benefit is available to all
16eligible persons in the area of the resource center, provide
Provide information about
17the services of the resource center, including the services specified in sub. (3) (d),
18about assessments under s. 46.284 (4) (b) and care plans under s. 46.284 (4) (c) and
19about the family care benefit to all older persons and persons with a physical
20disability who are residents of nursing homes, community-based residential
21facilities, adult family homes and residential care apartment complexes in the area
22of the resource center.
SB40-CSA1, s. 985 23Section 985. 46.283 (4) (f) of the statutes is amended to read:
SB40-CSA1,567,224 46.283 (4) (f) Provide Perform a functional screening and a financial screen to
25and cost-sharing screening for any resident, as specified in par. (e), who requests a

1screen screening and assist any resident who is eligible and chooses to enroll in a care
2management organization to do so.
SB40-CSA1, s. 986 3Section 986. 46.283 (4) (g) of the statutes is amended to read:
SB40-CSA1,567,174 46.283 (4) (g) Provide Perform a functional screening and a financial screen to
5and cost-sharing screening for any person seeking admission to a nursing home,
6community-based residential facility, residential care apartment complex , or adult
7family home if the secretary has certified that the resource center is available to the
8person and the facility and the person is determined by the resource center to have
9a condition that is expected to last at least 90 days that would require care,
10assistance, or supervision. A resource center may not require a financial screen and
11cost-sharing screening
for a person seeking admission or about to be admitted on a
12private pay basis who waives the requirement for a financial screen and cost-sharing
13screening
under this paragraph, unless the person is expected to become eligible for
14medical assistance within 6 months. A resource center need not provide perform a
15functional screen for screening for a person seeking admission or about to be
16admitted who has received a screen for whom a functional eligibility under s. 46.286
17(1) (a)
screening was performed within the previous 6 months.
SB40-CSA1, s. 987 18Section 987. 46.283 (4) (j) of the statutes is created to read:
SB40-CSA1,567,2119 46.283 (4) (j) Target any outreach, education, and prevention services it
20provides and any service development efforts it conducts on the basis of findings
21made by the governing board of the resource center under sub. (6) (b) 2. and 3.
SB40-CSA1, s. 989 22Section 989. 46.283 (6) of the statutes is amended to read:
SB40-CSA1,567,2523 46.283 (6) Governing board. (a) 1. A resource center shall have a governing
24board that reflects the ethnic and economic diversity of the geographic area served
25by the resource center.
SB40-CSA1,568,7
12. At least one-fourth of the members of the governing board shall be older
2persons or persons with physical or developmental disabilities
individuals who
3belong to a client group served by the resource center or their family members,
4guardians, or other advocates. The proportion of these board members who belong
5to each client group, or their family members, guardians, or advocates, shall be the
6same, respectively, as the proportion of individuals in this state who receive services
7under s. 46.2805 to 46.2895 and belong to each client group.
SB40-CSA1, s. 990 8Section 990. 46.283 (6) (a) 3. of the statutes is created to read:
SB40-CSA1,568,159 46.283 (6) (a) 3. An individual who has a financial interest in, or serves on the
10governing board of, a care management organization or an organization that
11administers a program described under s. 46.2805 (1) (a) or (b) or a managed care
12program under s. 49.45 for individuals who are eligible to receive supplemental
13security income under 42 USC 1381 to 1383c, which serves any geographic area also
14served by a resource center, and the individual's family members, may not serve as
15members of the governing board of the resource center.
SB40-CSA1, s. 991 16Section 991. 46.283 (6) (b) of the statutes is created to read:
SB40-CSA1,568,1817 46.283 (6) (b) The governing board of a resource center shall do all of the
18following:
SB40-CSA1,568,2119 1. Determine the structure, policies, and procedures of, and oversee the
20operations of, the resource center. The operations of a resource center that is
21operated by a county are subject to the county's ordinances and budget.
SB40-CSA1,569,222 2. Annually gather information from consumers and providers of long-term
23care services and other interested persons concerning the adequacy of long-term
24care services offered in the area served by the resource center. The board shall

1provide well-advertised opportunities for persons to participate in the board's
2information gathering activities conducted under this subdivision.
SB40-CSA1,569,43 4. Report findings made under subds. 2. and 3. to the applicable regional
4long-term care advisory committee.
SB40-CSA1,569,75 5. Recommend strategies for building local capacity to serve older persons and
6persons with physical or developmental disabilities, as appropriate, to local elected
7officials, the regional long-term care advisory committee, or the department.
SB40-CSA1,569,98 7. Appoint members to the regional long-term care advisory committee, as
9provided under s. 46.2825 (1).
SB40-CSA1, s. 992 10Section 992. 46.284 (1) (a) (intro.) of the statutes is amended to read:
SB40-CSA1,569,1411 46.284 (1) (a) (intro.) After considering recommendations of the local
12long-term care council under s. 46.282 (3) (a) 1., a
A county board of supervisors and,
13in a county with a county executive or a county administrator, the county executive
14or county administrator, may decide all of the following:
SB40-CSA1, s. 993 15Section 993. 46.284 (1) (a) 2. of the statutes is amended to read:
SB40-CSA1,569,1716 46.284 (1) (a) 2. Whether to create a family long-term care district to apply to
17the department for a contract to operate a care management organization.
SB40-CSA1, s. 994 18Section 994. 46.284 (2) (b) (intro.) of the statutes is repealed.
SB40-CSA1, s. 995 19Section 995. 46.284 (2) (b) 1. of the statutes is repealed.
SB40-CSA1, s. 996 20Section 996. 46.284 (2) (b) 2. of the statutes is repealed.
SB40-CSA1, s. 997 21Section 997. 46.284 (2) (b) 3. of the statutes is renumbered 46.284 (2) (bm) and
22amended to read:
SB40-CSA1,570,823 46.284 (2) (bm) After December 31, 2003, the The department may contract
24with counties, family long-term care districts, the governing body of a tribe or band
25or the Great Lakes inter-tribal council, inc., or under a joint application of any of

1these, or with a private organization that has no significant connection to an entity
2that operates a resource center. Proposals for contracts under this subdivision shall
3be solicited under a competitive sealed proposal process under s. 16.75 (2m) and,
4after consulting with the local long-term care council for the county or counties,
the
5department shall evaluate the proposals primarily as to the quality of care that is
6proposed to be provided, certify those applicants that meet the requirements
7specified in sub. (3) (a), select certified applicants for contract and contract with the
8selected applicants.
SB40-CSA1, s. 997m 9Section 997m. 46.284 (2) (c) of the statutes is created to read:
SB40-CSA1,570,2210 46.284 (2) (c) The department shall require, as a term of any contract with a
11care management organization under this section, that the care management
12organization contract for the provision of services that are covered under the family
13care benefit with any community-based residential facility under s. 50.01 (1g),
14residential care apartment complex under s. 50.01 (1d), nursing home under s. 50.01
15(3), intermediate care facility for the mentally retarded under s. 50.14 (1) (b),
16community rehabilitation program, home health agency under s. 50.49 (1) (a),
17provider of day services, or provider of personal care, as defined in s. 50.01 (4o), that
18agrees to accept the reimbursement rate that the care management organization
19pays under contract to similar providers for the same service and that satisfies any
20applicable quality of care, utilization, or other criteria that the care management
21organization requires of other providers with which it contracts to provide the same
22service.
SB40-CSA1, s. 998 23Section 998. 46.284 (3) (a) of the statutes is amended to read:
SB40-CSA1,571,524 46.284 (3) (a) If an entity meets the requirements under par. (b) and applicable
25rules of the department and submits to the department an application for initial

1certification or certification renewal, the department shall certify that the entity
2meets the requirements for a care management organization. An application shall
3include comments about the applicant and recommendations about the application
4that are provided by the appropriate local long-term care council, as specified under
5s. 46.282 (3) (a) 3.
Loading...
Loading...