Amendment AA2-SB380

LRBa2695/1

TJD:kjf&wlj:rs

2011 - 2012 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO 2011 SENATE BILL 380

March 6, 2012 - Offered by Representative Kooyenga.

SB380-AA2,1,1 At the locations indicated, amend the bill as follows:

SB380-AA2,1,3 1. Page 1, line 7: after "programs" insert "and residency requirements for long-term care programs".

SB380-AA2,1,4 2. Page 2, line 1: before that line insert:

SB380-AA2,1,5 " Section 1f. 46.2801 of the statutes is created to read:

SB380-AA2,1,7 46.2801 Residency requirements for long-term care programs. (1) In this section:

SB380-AA2,1,10 (a) "Family care partnership program" means an integrated health and long-term care program operated under an amendment to the state medical assistance plan, as authorized in 42 USC 1396n (i).

SB380-AA2,1,11 (b) "Family care program" means the benefit program under s. 46.286.

SB380-AA2,1,12 (c) "Long-term care program" means any of the following:

SB380-AA2,1,13 1. The family care program.

SB380-AA2,2,1 2. The self-directed services option.

SB380-AA2,2,2 3. The family care partnership program.

SB380-AA2,2,3 4. The program for all-inclusive care for the elderly under 42 USC 1396u-4.

SB380-AA2,2,7 (d) "Self-directed services option" means the program operated under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c) in which an enrolled individual selects his or her own services and service providers.

SB380-AA2,2,19 (2) For each program specified in sub. (1) (c) 1. to 4., the department shall request from the federal department of health and human services a waiver of federal law or an amendment to the state medical assistance plan to require an individual to be a resident of the state for 10 years to be eligible for a long-term care program. If the federal department of health and human services grants a waiver or approves an amendment for any program specified in sub. (1) (c) 1. to 4., the department shall require an individual to be a resident of the state for 10 years to be eligible for that long-term care program. The department may not use the residency requirement under this subsection as a basis to disenroll, or remove from a waiting list, an individual who is enrolled in a long-term care program, or on a waiting list for a long-term care program, on the date the waiver is granted or amendment is approved.

SB380-AA2, s. 1k Section 1k. 46.286 (1) (intro.) of the statutes is amended to read:

SB380-AA2,2,25 46.286 (1) Eligibility. (intro.) A Subject to requirements under an approved waiver under s. 46.2801 (2), a person is eligible for, but not necessarily entitled to, the family care benefit if the person is at least 18 years of age; has a physical disability, as defined in s. 15.197 (4) (a) 2., or a developmental disability, as defined in s. 51.01 (5) (a), or is a frail elder; and meets all of the following criteria:".

SB380-AA2,3,1 3. Page 2, line 1: delete " Section 1" and substitute "Section 1r".

SB380-AA2,3,2 (End)