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.
SB40-CSA1, s. 999 6Section 999. 46.284 (5) (a) of the statutes is amended to read:
SB40-CSA1,571,137 46.284 (5) (a) From the appropriation accounts under s. 20.435 (4) (b), (g), (gp),
8(im), (o), and (w) and (7) (b) and, (bd), and (g), the department shall provide funding
9on a capitated payment basis for the provision of services under this section.
10Notwithstanding s. 46.036 (3) and (5m), a care management organization that is
11under contract with the department may expend the funds, consistent with this
12section, including providing payment, on a capitated basis, to providers of services
13under the family care benefit.
SB40-CSA1, s. 1000 14Section 1000. 46.284 (6) of the statutes is amended to read:
SB40-CSA1,571,2215 46.284 (6) Governing board. A care management organization shall have a
16governing board that reflects the ethnic and economic diversity of the geographic
17area served by the care management organization. At least one-fourth of the
18members of the governing board shall be older persons or persons with physical or
19developmental disabilities or their family members, guardians or other advocates
20who are
representative of the client group or groups whom the care management
21organization's enrollee organization is contracted to serve or those clients' family
22members, guardians, or other advocates
.
SB40-CSA1, s. 1001 23Section 1001. 46.285 (1) of the statutes is renumbered 46.285, and 46.285
24(intro.), (1) and (2), as renumbered, are amended to read:
SB40-CSA1,572,6
146.285 Operation of resource center and care management
2organization.
(intro.) In order to meet federal requirements and assure federal
3financial participation in funding of the family care benefit, a county, a tribe or band,
4a family long-term care district or an organization, including a private, nonprofit
5corporation, may not directly operate both a resource center and a care management
6organization, except as follows:
SB40-CSA1,572,10 7(1) For an entity with which the department has contracted under s. 46.281 (1)
8(e) 1., 2005 stats., provision of the services specified under s. 46.283 (3) (b), (e), (f) and
9(g) shall be structurally separate from the provision of services of the care
10management organization by January 1, 2001.
SB40-CSA1,572,14 11(2) The department may approve separation of the functions of a resource
12center from those of a care management organization by a means other than those
13specified in sub. (2)
creating a long-term care district under s. 46.2895 to serve either
14as a resource center or as a care management organization
.
SB40-CSA1, s. 1002 15Section 1002. 46.285 (2) of the statutes is repealed.
SB40-CSA1, s. 1003 16Section 1003. 46.286 (1) (intro.) of the statutes is amended to read:
SB40-CSA1,572,2117 46.286 (1) Eligibility. (intro.) A person is eligible for, but not necessarily
18entitled to, the family care benefit if the person is at least 18 years of age; has a
19physical disability, as defined in s. 15.197 (4) (a) 2., or a developmental disability, as
20defined in s. 51.01 (5) (a), or degenerative brain disorder, as defined in s. 55.01 (1v)
21is a frail elder; and meets all of the following criteria:
SB40-CSA1, s. 1004 22Section 1004. 46.286 (1) (a) 1. of the statutes is amended to read:
SB40-CSA1,572,2423 46.286 (1) (a) 1. The person's functional capacity level of care need is at either
24of the following levels:
SB40-CSA1,573,3
1a. The comprehensive nursing home level, if the person has a long-term or
2irreversible condition, expected to last at least 90 days or result in death within one
3year of the date of application, and requires ongoing care, assistance or supervision.
SB40-CSA1,573,74 b. The intermediate non-nursing home level, if the person has a condition that
5is expected to last at least 90 days or result in death within 12 months after the date
6of application, and is at risk of losing his or her independence or functional capacity
7unless he or she receives assistance from others.
SB40-CSA1, s. 1005 8Section 1005. 46.286 (1) (b) (intro.) of the statutes is amended to read:
SB40-CSA1,573,109 46.286 (1) (b) Financial eligibility. (intro.) A person is financially eligible if
10all any of the following apply:
SB40-CSA1, s. 1006 11Section 1006. 46.286 (1) (b) 1. (intro.) of the statutes is repealed.
SB40-CSA1, s. 1007 12Section 1007. 46.286 (1) (b) 1. a. of the statutes is renumbered 46.286 (1) (b)
133. and amended to read:
SB40-CSA1,573,1914 46.286 (1) (b) 3. The person was receiving the family care benefit on the
15effective date of this subdivision .... [revisor inserts date], the person
would qualify
16for medical assistance except for financial or disability criteria, and the projected cost
17of the person's care plan, as calculated by the department or its designee, exceeds the
18person's gross monthly income, plus one-twelfth of his or her countable assets, less
19deductions and allowances permitted by rule by the department.
SB40-CSA1, s. 1008 20Section 1008. 46.286 (1) (b) 1. b. and 2. of the statutes are consolidated,
21renumbered 46.286 (1) (b) 1m. and amended to read:
SB40-CSA1,573,2522 46.286 (1) (b) 1m. The person is eligible under ch. 49 for medical assistance.
232. If subd. 1. b. applies, the person accepts medical assistance
and, unless he or she
24is exempt from the acceptance under rules promulgated by the department, accepts
25medical assistance
.
SB40-CSA1, s. 1009
1Section 1009. 46.286 (3) (a) (intro.) of the statutes is amended to read:
SB40-CSA1,574,42 46.286 (3) (a) (intro.) Subject to pars. par. (c) and (d), a person is entitled to and
3may receive the family care benefit through enrollment in a care management
4organization if he or she all of the following apply:
SB40-CSA1,574,5 51m. The person is at least 18 years of age,.
SB40-CSA1,574,8 62m. The person has a physical disability, as defined in s. 15.197 (4) (a) 2., a
7developmental disability, as defined in s. 51.01 (5) (a), or degenerative brain disorder,
8as defined in s. 55.01 (1v),
is a frail elder.
SB40-CSA1,574,10 94m. The person is financially eligible, under sub. (1) (b) 1m., and fulfills any
10applicable cost-sharing requirements and meets any of the following criteria:.
SB40-CSA1, s. 1010 11Section 1010. 46.286 (3) (a) 1. of the statutes is repealed.
SB40-CSA1, s. 1011 12Section 1011. 46.286 (3) (a) 2. of the statutes is repealed.
SB40-CSA1, s. 1012 13Section 1012. 46.286 (3) (a) 3. of the statutes is repealed.
SB40-CSA1, s. 1013 14Section 1013. 46.286 (3) (a) 3m. of the statutes is created to read:
SB40-CSA1,574,1515 46.286 (3) (a) 3m. The person is functionally eligible under sub. (1) (a).
SB40-CSA1, s. 1014 16Section 1014. 46.286 (3) (a) 4. of the statutes is repealed.
SB40-CSA1, s. 1015 17Section 1015. 46.286 (3) (a) 6. of the statutes is repealed.
SB40-CSA1, s. 1016 18Section 1016. 46.286 (3) (d) of the statutes is repealed.
SB40-CSA1, s. 1017 19Section 1017. 46.286 (3m) of the statutes is repealed and recreated to read:
SB40-CSA1,574,2120 46.286 (3m) Information about enrollees. The department shall obtain and
21share information about family care enrollees as provided in s. 49.475.
SB40-CSA1, s. 1018 22Section 1018. 46.288 (2) (intro.) of the statutes is amended to read:
SB40-CSA1,575,423 46.288 (2) (intro.) Criteria and procedures for determining functional
24eligibility under s. 46.286 (1) (a), financial eligibility under s. 46.286 (1) (b), and cost
25sharing under s. 46.286 (2) (a) and entitlement under s. 46.286 (3). The rules for

1determining functional eligibility under s. 46.286 (1) (a) 1. a. shall be substantially
2similar to eligibility criteria for receipt of the long-term support community options
3program under s. 46.27. Rules under this subsection shall include definitions of the
4following terms applicable to s. 46.286:
SB40-CSA1, s. 1019 5Section 1019. 46.289 (title) of the statutes is renumbered 46.2803 (title).
SB40-CSA1, s. 1020 6Section 1020. 46.289 of the statutes is renumbered 46.2803 (1).
SB40-CSA1, s. 1021 7Section 1021. 46.2895 (title) of the statutes is amended to read:
SB40-CSA1,575,8 846.2895 (title) Family Long-term care district.
SB40-CSA1, s. 1022 9Section 1022. 46.2895 (1) (a) (intro.) of the statutes is amended to read:
SB40-CSA1,575,1610 46.2895 (1) (a) (intro.) A county board of supervisors, a tribe or band, or any
11combination of counties or tribes or bands,
may create a special purpose district that
12is termed a "family "long-term care district", that is a local unit of government, that
13is separate and distinct from, and independent of, the state and the county or tribe
14or band that created it
, and that has the powers and duties specified in this section,
15if the each county board or tribe or band that participates in creating the district does
16all of the following:
SB40-CSA1, s. 1023 17Section 1023. 46.2895 (1) (a) 1. a. of the statutes is amended to read:
SB40-CSA1,575,1918 46.2895 (1) (a) 1. a. Declares the need for establishing the family long-term
19care district.
SB40-CSA1, s. 1024 20Section 1024. 46.2895 (1) (a) 1. b. of the statutes is amended to read:
SB40-CSA1,575,2421 46.2895 (1) (a) 1. b. Specifies the family long-term care district's primary
22purpose, which shall be to operate, under contract with the department, either a
23resource center under s. 46.283 or, a care management organization under s. 46.284,
24but not both, or a program described under s. 46.2805 (1) (a) or (b).
SB40-CSA1, s. 1025 25Section 1025. 46.2895 (1) (a) 1. c. of the statutes is created to read:
SB40-CSA1,576,4
146.2895 (1) (a) 1. c. Specifies the number of individuals who shall be appointed
2as members of the long-term care district board, the length of their terms, and, if the
3long-term care district is created by more than one county or tribe or band, how many
4members shall be appointed by each county or tribe or band.
SB40-CSA1, s. 1026 5Section 1026. 46.2895 (1) (b) of the statutes is repealed.
SB40-CSA1, s. 1027 6Section 1027. 46.2895 (1) (c) of the statutes is created to read:
SB40-CSA1,576,97 46.2895 (1) (c) A long-term care district may not operate a care management
8organization under s. 46.284 or a program described under s. 46.2805 (1) (a) or (b)
9if the district operates a resource center under s. 46.283.
SB40-CSA1, s. 1028 10Section 1028. 46.2895 (1) (d) of the statutes is created to read:
SB40-CSA1,576,1211 46.2895 (1) (d) A county or tribe or band may create more than one long-term
12care district.
SB40-CSA1, s. 1029 13Section 1029. 46.2895 (1) (e) of the statutes is created to read:
SB40-CSA1,576,1914 46.2895 (1) (e) A long-term care district may change its primary purpose
15specified under par. (a) 1. b. if all the counties or tribes or bands that created the
16district and that have not withdrawn or been removed from the district under sub.
17(14), adopt a resolution approving the change in primary purpose and if the change
18in purpose does not violate par. (c) or any provision of a contract between the
19department and the district.
SB40-CSA1, s. 1030 20Section 1030. 46.2895 (2) of the statutes is amended to read:
SB40-CSA1,576,2521 46.2895 (2) Jurisdiction. A family long-term care district's jurisdiction is the
22geographical area of the county or counties of the county board or boards of
23supervisors who
that created the family long-term care district and the geographic
24area of the reservation of, or lands held in trust for, any tribe or band that created
25the long-term care district
.
SB40-CSA1, s. 1031
1Section 1031. 46.2895 (3) (title) of the statutes is amended to read:
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