Amendment ASA1-AB75

AB75-ASA1, s. 847 Section 847. 46.22 (1) (b) 1. h. of the statutes is repealed.

AB75-ASA1, s. 848 Section 848. 46.22 (1) (b) 2. e. of the statutes is repealed.

AB75-ASA1, s. 849 Section 849. 46.22 (1) (b) 2. fm. of the statutes is amended to read:

AB75-ASA1,457,20 46.22 (1) (b) 2. fm. To establish and administer the child care program under s. 49.155, if the department of children and families contracts with the county department of social services to do so.

AB75-ASA1, s. 853d Section 853d. 46.22 (1) (e) 3. c. of the statutes is amended to read:

AB75-ASA1,458,7 46.22 (1) (e) 3. c. A county department of social services shall develop, under the requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related care and services to be purchased. The department of corrections may review the contracts and approve them if they are consistent with s. 301.08 (2) and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of corrections to submit the contracts to the committee for review and approval. The department of corrections may not make any payments to a county for programs included in the contract that is under review by the committee. The department of corrections shall reimburse each county for the contracts from the appropriations under s. 20.410 (3) (cd) and, (ko), and (o) as appropriate.

AB75-ASA1, s. 854 Section 854. 46.23 (2) (a) of the statutes is amended to read:

AB75-ASA1,458,14 46.23 (2) (a) "Human services" means the total range of services to people including, but not limited to, health care, mental illness treatment, developmental disabilities services, relief funded by a block grant under ch. 49, income maintenance, probation, extended supervision and parole services, alcohol and drug abuse services, services to children, youth and aging, family counseling, special education services, and manpower services.

AB75-ASA1, s. 855 Section 855. 46.266 (1) (intro.) of the statutes is amended to read:

AB75-ASA1,458,24 46.266 (1) (intro.) Notwithstanding s. 49.45 (6m) (ag) and except as provided in sub. (3), if before July 1, 1989, the federal health care financing administration or the department found a skilled nursing facility or intermediate care facility in this state that provides care to medical assistance recipients for which the facility receives reimbursement under s. 49.45 (6m) to be an institution for mental diseases, the department shall allocate funds from the appropriation account under s. 20.435 (7) (5) (be) for distribution under this section to a county department under s. 51.42 for the care, in the community or in a facility found to be an institution for mental diseases, of the following persons:

AB75-ASA1, s. 856 Section 856. 46.268 (1) (intro.) of the statutes is amended to read:

AB75-ASA1,459,4 46.268 (1) (intro.) Notwithstanding s. 49.45 (6m) (ag), from the appropriation account under s. 20.435 (7) (5) (be), the department shall distribute not more than $830,000 in each fiscal year in order to provide funding of community services for an eligible individual, if all of the following apply:

AB75-ASA1, s. 858 Section 858. 46.281 (1n) (e) of the statutes is amended to read:

AB75-ASA1,459,16 46.281 (1n) (e) Contract with a person to provide the advocacy services described under s. 16.009 (2) (p) 1. to 5. to actual or potential recipients of the family care benefit who are under age 60 or to their families or guardians. The department may not contract under this paragraph with a county or with a person who has a contract with the department to provide services under s. 46.283 (3) and (4) as a resource center or to administer the family care benefit as a care management organization. The contract under this paragraph shall include as a goal that the provider of advocacy services provide one advocate for every 2,500 individuals under age 60 who receive the family care benefit. The department shall allocate $190,000 for the contract under this paragraph in fiscal year 2007-08 and $525,000 in each subsequent fiscal year.

AB75-ASA1, s. 859 Section 859. 46.281 (3) of the statutes is amended to read:

AB75-ASA1,460,2 46.281 (3) Duty of the secretary. The secretary shall certify to each county, hospital, nursing home, community-based residential facility, adult family home, as defined in s. 50.01 (1) (a) or (b), and residential care apartment complex the date on which a resource center that serves the area of the county, hospital, nursing home, community-based residential facility, adult family home, or residential care apartment complex is first available to perform functional screenings and financial and cost-sharing screenings. To facilitate phase-in of services of resource centers, the secretary may certify that the resource center is available for specified groups of eligible individuals or for specified facilities in the county.

AB75-ASA1, s. 860 Section 860. 46.283 (4) (e) of the statutes is amended to read:

AB75-ASA1,460,9 46.283 (4) (e) Provide information about the services of the resource center, including the services specified in sub. (3) (d), about assessments under s. 46.284 (4) (b) and care plans under s. 46.284 (4) (c), and about the family care benefit to all older persons and persons with a physical disability who are residents of nursing homes, community-based residential facilities, adult family homes, as defined in s. 50.01 (1) (a) or (b), and residential care apartment complexes in the area of the resource center.

AB75-ASA1, s. 861 Section 861. 46.283 (4) (g) of the statutes is amended to read:

AB75-ASA1,460,24 46.283 (4) (g) Perform a functional screening and a financial and cost-sharing screening for any person seeking admission to a nursing home, community-based residential facility, residential care apartment complex, or adult family home, as defined in s. 50.01 (1) (a) or (b), if the secretary has certified that the resource center is available to the person and the facility and the person is determined by the resource center to have a condition that is expected to last at least 90 days that would require care, assistance, or supervision. A resource center may not require a financial and cost-sharing screening for a person seeking admission or about to be admitted on a private pay basis who waives the requirement for a financial and cost-sharing screening under this paragraph, unless the person is expected to become eligible for medical assistance within 6 months. A resource center need not perform a functional screening for a person seeking admission or about to be admitted for whom a functional screening was performed within the previous 6 months.

AB75-ASA1, s. 862 Section 862. 46.284 (3m) of the statutes is created to read:

AB75-ASA1,461,4 46.284 (3m) Permit required. A care management organization that is described under s. 600.01 (1) (b) 10. a., to which s. 600.01 (1) (b) 10. b. does not apply and that is certified under sub. (3) shall apply for a permit with the office of the commissioner of insurance under ch. 648.

AB75-ASA1, s. 863 Section 863. 46.284 (4) (m) of the statutes is created to read:

AB75-ASA1,461,9 46.284 (4) (m) Compensate providers, as defined in s. 46.2898 (1) (e), in accordance with any agreement under subch. V of ch. 111 relating to a provider hired directly by an enrollee and make any payroll deductions authorized by those agreements.

AB75-ASA1, s. 864 Section 864. 46.286 (1) (a) (intro.) and 1. (intro.) of the statutes are consolidated, renumbered 46.286 (1) (a) (intro.) and amended to read:

AB75-ASA1,461,15 46.286 (1) (a) Functional eligibility. (intro.) A person is functionally eligible if any of the following applies the person's level of care need, as determined by the department or its designee: 1. (intro.) The person's level of care need, is either of the following:

AB75-ASA1, s. 865 Section 865. 46.286 (1) (a) 1. a. of the statutes is renumbered 46.286 (1) (a) 1m.

AB75-ASA1, s. 866 Section 866. 46.286 (1) (a) 1. b. of the statutes is renumbered 46.286 (1) (a) 2m.

AB75-ASA1, s. 867 Section 867. 46.286 (1) (a) 2. (intro.) of the statutes is repealed.

AB75-ASA1, s. 868 Section 868. 46.286 (1) (a) 2. a. of the statutes is renumbered 46.286 (3) (b) 2. a.

AB75-ASA1, s. 869 Section 869. 46.286 (1) (a) 2. b. of the statutes is renumbered 46.286 (3) (b) 2. b.

AB75-ASA1, s. 870 Section 870. 46.286 (1) (a) 2. c. of the statutes is renumbered 46.286 (3) (b) 2. c.

AB75-ASA1, s. 871 Section 871. 46.286 (1) (a) 2. d. of the statutes is renumbered 46.286 (3) (b) 2. d.

AB75-ASA1, s. 872 Section 872. 46.286 (1) (a) 2. e. of the statutes is renumbered 46.286 (3) (b) 2. e.

AB75-ASA1, s. 872k Section 872k. 46.286 (1) (b) (intro.) (except 46.286 (1) (b) (title)) of the statutes is renumbered 46.286 (1) (b) 2m. (intro.).

AB75-ASA1, s. 873 Section 873. 46.286 (1) (b) 1c. of the statutes is created to read:

AB75-ASA1,462,9 46.286 (1) (b) 1c. In this paragraph, "medical assistance" does not include coverage of the benefits under s. 49.471 (11).

AB75-ASA1, s. 874 Section 874. 46.286 (1) (b) 1m. of the statutes is renumbered 46.286 (1) (b) 2m. a.

AB75-ASA1, s. 875 Section 875. 46.286 (1) (b) 3. of the statutes is renumbered 46.286 (1) (b) 2m. b.

AB75-ASA1, s. 877 Section 877. 46.286 (3) (a) 4m. of the statutes is amended to read:

AB75-ASA1,462,16 46.286 (3) (a) 4m. The person is financially eligible under sub. (1) (b) 1m. 2m. a., and fulfills any applicable cost-sharing requirements.

AB75-ASA1, s. 878 Section 878. 46.286 (3) (b) 2. of the statutes is renumbered 46.286 (3) (b) 2. (intro.) and amended to read:

AB75-ASA1,462,24 46.286 (3) (b) 2. (intro.) If the contract between the care management organization and the department is canceled or not renewed. If this circumstance occurs, the department shall assure that enrollees continue to receive needed services through another care management organization or through the medical assistance fee-for-service system or any of the following programs specified under sub. (1) (a) 2. a. to d.:

AB75-ASA1, s. 879 Section 879. 46.286 (3) (c) of the statutes is amended to read:

AB75-ASA1,463,7 46.286 (3) (c) Within each county and for each client group, par. (a) shall first apply on the effective date of a contract under which a care management organization accepts a per person per month payment to provide services under the family care benefit to eligible persons in that client group in the county. Within 24 36 months after this date, the department shall assure that sufficient capacity exists within one or more care management organizations to provide the family care benefit to all entitled persons in that client group in the county.

AB75-ASA1, s. 880 Section 880. 46.288 (2) (intro.) of the statutes is amended to read:

AB75-ASA1,463,14 46.288 (2) (intro.) Criteria and procedures for determining functional eligibility under s. 46.286 (1) (a), financial eligibility under s. 46.286 (1) (b), and cost sharing under s. 46.286 (2) (a). The rules for determining functional eligibility under s. 46.286 (1) (a) 1. a. 1m. shall be substantially similar to eligibility criteria for receipt of the long-term support community options program under s. 46.27. Rules under this subsection shall include definitions of the following terms applicable to s. 46.286:

AB75-ASA1, s. 881 Section 881. 46.288 (2) (a) of the statutes is repealed.

AB75-ASA1, s. 882 Section 882. 46.288 (2) (b) of the statutes is repealed.

AB75-ASA1, s. 883 Section 883. 46.288 (2) (c) of the statutes is repealed.

AB75-ASA1, s. 884 Section 884. 46.2898 of the statutes is created to read:

AB75-ASA1,463,19 46.2898 Quality home care. (1) Definitions. In this section:

AB75-ASA1,463,20 (a) "Authority" means the Wisconsin Quality Home Care Authority.

AB75-ASA1,463,21 (b) "Care management organization" has the meaning given in s. 46.2805 (1).

AB75-ASA1,463,23 (cm) "Consumer" means an adult who receives home care services and who meets all of the following criteria:

AB75-ASA1,463,24 1. Is a resident of any of the following:

AB75-ASA1,463,25 a. A county that has acted under sub. (2) (a).

AB75-ASA1,463,26 b. A county in which the Family Care Program under s. 46.286 is available.

AB75-ASA1,464,3 c. A county in which the Program of All-Inclusive Care for the Elderly under 42 USC 1396u-4 is available.

AB75-ASA1,464,6 d. A county in which the self-directed services option program under 42 USC 1396n (c) is available or in which a program operated under an amendment to the state medical assistance plan under 42 USC 1396n (j) is available.

AB75-ASA1,464,8 2. Self-directs all or part of his or her home care services and is an employer listed on the provider's income tax forms.

AB75-ASA1,464,9 3. Is eligible to receive a home care benefit under one of the following:

AB75-ASA1,464,10 a. The Family Care Program under s. 46.286.

AB75-ASA1,464,11 b. The Program of All-Inclusive Care for the Elderly, under 42 USC 1396u-4.

AB75-ASA1,464,14 c. A program operated under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c) or 42 USC 1396n (b) and (c) or the self-directed services option operated under 42 USC 1396n (c).

AB75-ASA1,464,16 d. A program operated under an amendment to the state medical assistance plan under 42 USC 1396n (j).

AB75-ASA1,464,21 (dm) "Home care" means supportive home care, personal care, and other nonprofessional services of a type that may be covered under a medical assistance waiver under 42 USC 1396n (c) and that are provided to individuals to assist them in meeting their daily living needs, ensuring adequate functioning in their homes, and permitting safe access to their communities.

AB75-ASA1,464,23 (e) "Provider" means an individual who is hired by a consumer to provide home care to the consumer but does not include any of the following:

AB75-ASA1,464,25 1. A person, while he or she is providing services in the capacity of an employee of any of the following entities:

AB75-ASA1,464,26 a. A home health agency licensed under s. 50.49.

AB75-ASA1,465,2 b. A personal care provider agency.

AB75-ASA1,465,3 c. A company or agency providing supportive home care.

AB75-ASA1,465,4 d. An independent living center, as defined in s. 46.96 (1) (ah).

AB75-ASA1,465,6 e. A county agency or department under s. 46.215, 46.22, 46.23, 51.42, or 51.437.

AB75-ASA1,465,8 2. A health care provider, as defined in s. 146.997 (1) (d), acting in his or her professional capacity.

AB75-ASA1,465,17 (f) "Qualified provider" means a provider who meets the qualifications for payment through the Family Care Program under s. 46.286, the Program for All-Inclusive Care for the Elderly operated under 42 USC 1396u-4, an amendment to the state medical assistance plan under 42 USC 1396n (j), or a medical assistance waiver program operated under a waiver from the secretary of the U.S. department of health and human services under 42 USC 1396n (c) or 42 USC 1396n (b) and (c) and any qualification criteria established in the rules promulgated under sub. (7) and who the authority determines is eligible for placement on the registry maintained by the authority under s. 52.20 (1).

AB75-ASA1,465,21 (2) County participation. (a) A county board of supervisors may require a county department under 46.215, 46.22, 46.23, 51.42, or 51.437 to follow procedures under this section and to pay providers in accordance with agreements under subch. V of ch. 111.

AB75-ASA1,465,23 (b) If a county acts under par. (a), it shall notify the department and the authority of its action.

AB75-ASA1,466,3 (c) A county that acts under par. (a) shall compensate providers in accordance with any agreement under subch. V of ch. 111 and make any payroll deductions authorized by such agreements.

AB75-ASA1,466,8 (4) Duties of home care payors. Care management organizations, the state, and counties, as described under sub. (1) (cm) 1. a. to d., that pay for the provision of home care services to consumers shall provide to the authority the name, address, telephone number, date of hire, and date of termination of any provider hired by an individual receiving home care services.

AB75-ASA1,466,9 (5) Duties of consumers. A consumer shall do all of the following:

AB75-ASA1,466,12 (a) Inform the authority of the name, address, telephone number, date of hire, and date of termination of any provider hired by the consumer to provide home care services.

AB75-ASA1,466,15 (b) Compensate providers in accordance with any collective bargaining agreement that applies to home care providers under subch. V of ch. 111 and make any payroll deductions authorized by the agreement.

AB75-ASA1,466,18 (6) Providers. (a) A qualified provider providing home care services under this section shall be subject to the collective bargaining agreement that applies to home care providers under subch. V of ch. 111.

AB75-ASA1,466,20 (b) A qualified provider may choose to be placed on the registry maintained by the authority under s. 52.20 (1).

AB75-ASA1,466,24 (7) Department rule-making. The department may promulgate rules defining terms, specifying which services constitute home care, establishing the qualification criteria that apply under sub. (1) (d), and establishing procedures for implementation of this section.

AB75-ASA1, s. 885 Section 885. 46.29 (1) (intro.) of the statutes is amended to read:

AB75-ASA1,467,4 46.29 (1) (intro.) From the appropriation account under s. 20.435 (6) (7) (a), the department shall allocate distribute at least $16,100 in each fiscal year for operation of the council on physical disabilities. The council on physical disabilities shall do all of the following:

AB75-ASA1, s. 888 Section 888. 46.295 (1) of the statutes is amended to read: