Amendment ASA1-AB40

AB40-ASA1,509,3 46.27 (7g) (a) 1m. "Decedent" means a deceased client or a deceased nonclient surviving spouse, whichever is applicable.

AB40-ASA1,822 Section 822. 46.27 (7g) (a) 4. of the statutes is created to read:

AB40-ASA1,509,7 46.27 (7g) (a) 4. "Nonclient surviving spouse" means any person who was married to a client while the client was receiving services for which the cost may be recovered under par. (c) 1. and who survived the client.

AB40-ASA1,823 Section 823. 46.27 (7g) (a) 5. of the statutes is created to read:

AB40-ASA1,509,13 46.27 (7g) (a) 5. a. "Property of a decedent" means all real and personal property to which the client held any legal title or in which the client had any legal interest immediately before death, to the extent of that title or interest, including assets transferred to a survivor, heir, or assignee through joint tenancy, tenancy in common, survivorship, life estate, living trust, or any other arrangement.

AB40-ASA1,509,20 b. Notwithstanding subd. 5. a., "property of a decedent" includes all real and personal property in which the nonclient surviving spouse had an ownership interest at the client's death and in which the client had a marital property interest with that nonclient surviving spouse at any time within 5 years before the client applied for long-term community support services funded under sub. (7) or during the time that the client was eligible for long-term community support services funded under sub. (7).

AB40-ASA1,824 Section 824. 46.27 (7g) (c) 1. of the statutes is amended to read:

AB40-ASA1,510,2 46.27 (7g) (c) 1. Except as provided in subd. 4., the department shall file a claim against the estate of a client or, and against the estate of the a nonclient surviving spouse of a client, for the amount of long-term community support services funded under sub. (7) paid on behalf of the client after the client attained 55 years of age, unless already recovered by the department under this subsection.

AB40-ASA1,825 Section 825. 46.27 (7g) (c) 2m. of the statutes is created to read:

AB40-ASA1,510,6 46.27 (7g) (c) 2m. a. Property that is subject to the department's claim under subd. 1. in the estate of a client or in the estate of a nonclient surviving spouse is all property of a decedent that is included in the estate.

AB40-ASA1,510,10 b. There is a presumption, which may be rebutted by clear and convincing evidence, that all property in the estate of the nonclient surviving spouse was marital property held with the client and that 100 percent of the property in the estate of the nonclient surviving spouse is subject to the department's claim under subd. 1.

AB40-ASA1,826 Section 826. 46.27 (7g) (c) 3. (intro.) of the statutes is amended to read:

AB40-ASA1,510,15 46.27 (7g) (c) 3. (intro.) The court shall reduce the amount of a claim under subd. 1. by up to the amount specified in s. 861.33 (2) if necessary to allow the client's decedent's heirs or the beneficiaries of the client's decedent's will to retain the following personal property:

AB40-ASA1,827 Section 827. 46.27 (7g) (c) 5. a. of the statutes is amended to read:

AB40-ASA1,510,23 46.27 (7g) (c) 5. a. If the department's claim is not allowable because of subd. 4. and the estate includes an interest in real property, including a home, the court exercising probate jurisdiction shall, in the final judgment or summary findings and order, assign the interest in the home real property subject to a lien in favor of the department for the amount described in subd. 1. The personal representative or petitioner for summary settlement or summary assignment of the estate shall record the final judgment as provided in s. 863.29, 867.01 (3) (h), or 867.02 (2) (h).

AB40-ASA1,828 Section 828. 46.27 (7g) (c) 5. b. of the statutes is amended to read:

AB40-ASA1,511,7 46.27 (7g) (c) 5. b. If the department's claim is not allowable because of subd. 4., the estate includes an interest in real property, including a home, and the personal representative closes the estate by sworn statement under s. 865.16, the personal representative shall stipulate in the statement that the home real property is assigned subject to a lien in favor of the department for the amount described in subd. 1. The personal representative shall record the statement in the same manner as described in s. 863.29, as if the statement were a final judgment.

AB40-ASA1,829 Section 829. 46.27 (7g) (c) 6. (intro.) of the statutes is amended to read:

AB40-ASA1,511,10 46.27 (7g) (c) 6. (intro.) The department may not enforce the a lien under subd. 5. as long as any of the following survive the decedent:

AB40-ASA1,830 Section 830. 46.27 (7g) (c) 6m. of the statutes is created to read:

AB40-ASA1,511,13 46.27 (7g) (c) 6m. All of the following apply to a lien under subd. 5. that the department may not enforce because of subd. 6.:

AB40-ASA1,511,16 a. If the decedent's surviving spouse or child who is under age 21 or disabled refinances a mortgage on the real property, the lien is subordinate to the new encumbrance.

AB40-ASA1,511,18 b. The department shall release the lien in the circumstances described in s. 49.848 (5) (f).

AB40-ASA1,831 Section 831. 46.27 (7g) (g) of the statutes is amended to read:

AB40-ASA1,511,25 46.27 (7g) (g) The department shall promulgate rules establishing standards for determining whether the application of this subsection would work an undue hardship in individual cases. If the department determines that the application of this subsection would work an undue hardship in a particular case, the department shall waive application of this subsection in that case. This paragraph does not apply with respect to claims against the estates of nonclient surviving spouses.

AB40-ASA1,831f Section 831f. 46.281 (1n) (g) and (h) of the statutes are created to read:

AB40-ASA1,512,4 46.281 (1n) (g) Notify, within 48 hours of the admission of an enrollee, a county that has financial responsibility for an enrollee who has been admitted to a mental health institute, as defined in s. 51.01 (12).

AB40-ASA1,512,7 (h) Establish criteria to determine, and determine, whether an enrollee is at substantial risk for being admitted to a mental health institute, as defined in s. 51.01 (12).

AB40-ASA1,831p Section 831p. 46.284 (8) of the statutes is created to read:

AB40-ASA1,512,10 46.284 (8) Admissions to mental health institutes. (a) In this subsection, "mental health institute" has the meaning given in s. 51.01 (12).

AB40-ASA1,512,13 (b) Every care management organization shall maintain for each enrollee a record of individuals who can be contacted in case of an emergency involving that enrollee.

AB40-ASA1,512,20 (c) Subject to par. (d), every care management organization and each county in which the care management organization operates shall create an emergency plan for every enrollee who the department determines is at substantial risk of being admitted to a mental health institute. The care management organization and county shall include in the emergency plan an emergency contact in case the enrollee is admitted and a potential placement for when the enrollee is discharged from the mental health institute.

AB40-ASA1,512,25 (d) If an enrollee is admitted to a mental health institute, the financially responsible county; the county that approved the admission to the mental health institute, if different; and the care management organization in which the enrollee was enrolled shall create a team that includes all of the following to coordinate a new placement for the enrollee:

AB40-ASA1,513,1 1. The enrollee's guardian or emergency contact.

AB40-ASA1,513,2 2. A social worker from each county involved.

AB40-ASA1,513,3 3. A social worker from the care management organization.

AB40-ASA1,513,4 4. A psychiatrist or psychologist.

AB40-ASA1,513,5 5. An individual representing a law enforcement agency.

AB40-ASA1,833 Section 833. 46.286 (7) of the statutes is amended to read:

AB40-ASA1,513,11 46.286 (7) Recovery of family care benefit payments; rules. The department shall promulgate rules relating apply to the recovery from persons who receive the family care benefit, including by liens and affidavits and from estates, of correctly and incorrectly paid family care benefits, that are substantially similar to the applicable provisions under ss. 49.496 and 49.497, 49.848, and 49.849.

AB40-ASA1,834 Section 834. 46.287 (2) (a) 1. k. of the statutes is amended to read:

AB40-ASA1,513,14 46.287 (2) (a) 1. k. Recovery of family care benefit payments under s. 46.286 (7).

AB40-ASA1,834h Section 834h. 46.2899 of the statutes is created to read:

AB40-ASA1,513,20 46.2899 Services for the intellectually disabled who receive post-secondary education. (1) Definition. In this section, "self-directed services option" means a program known as Include, Respect, I Self-direct or IRIS operated by the department under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c).

AB40-ASA1,514,2 (2) Waiver program. The department shall request a waiver from the federal centers for medicare and medicaid services in order to receive the federal medical assistance percentage for home-based and community-based services provided to individuals who are developmentally disabled and who received post-secondary education on the grounds of health care institutions. If the waiver is approved the department shall operate a waiver program to provide those services to no more than 100 individuals per month per year.

AB40-ASA1,514,11 (3) Eligibility. The department shall consider as eligible for the waiver program described under sub. (2) only individuals who are receiving post-secondary education in a setting that is distinguishable from the health care institution. The department shall set the financial eligibility requirements and functional eligibility requirements for the waiver program described under sub. (2) the same as the financial eligibility requirements and functional eligibility requirements for the self-directed services option except for the requirement to be an individual who is developmentally disabled and who is receiving post-secondary education on the grounds of a health care institution.

AB40-ASA1,514,16 (4) Services and benefits. The department shall provide the same services under the waiver program described in sub. (2) as it provides under the self-directed services option. The department shall determine the funding amount for a waiver program participant under this section based on what the individual would receive if enrolled in the self-directed services option.

AB40-ASA1,835 Section 835. 46.48 (30) (a) of the statutes is amended to read:

AB40-ASA1,515,2 46.48 (30) Substance abuse treatment grants. (a) From the appropriation account under s. 20.435 (7) (5) (bc), the department shall distribute grants on a competitive basis to county departments of social services and to private nonprofit organizations, as defined in s. 103.21 (2), for the provision of alcohol and other drug abuse treatment services in counties with a population of 500,000 or more. Grants distributed under this subsection may be used only to provide treatment for alcohol and other drug abuse to individuals who are eligible for federal temporary assistance for needy families under 42 USC 601 et. seq. and who have a family income of not more than 200% of the poverty line, as defined in s. 49.001 (5).

AB40-ASA1,836 Section 836. 46.48 (31) of the statutes is created to read:

AB40-ASA1,515,7 46.48 (31) Peer run respite centers. The department may distribute not more than $1,200,000 in each fiscal year, beginning in fiscal year 2014-15, to regional peer run respite centers for individuals with mental health and substance abuse concerns.

AB40-ASA1,837 Section 837. 46.52 of the statutes is amended to read:

AB40-ASA1,515,14 46.52 Systems change grants. From the appropriation under s. 20.435 (7) (5) (md), the department shall distribute funds to each grant recipient under this section so as to permit initial phasing in of recovery-oriented system changes, prevention and early intervention strategies, and consumer and family involvement for individuals with mental illness. At least 10% of the funds distributed shall be for children with mental illness.

AB40-ASA1,838 Section 838. 46.53 of the statutes is amended to read:

AB40-ASA1,515,21 46.53 Mental health treatment provider training. From the appropriation under s. 20.435 (7) (5) (md), the department may not distribute more than $182,000 in each fiscal year to provide training for mental health treatment professionals on new mental health treatment approaches in working with special populations, including seriously mentally ill individuals and children with serious emotional disturbances, and on the use of new mental health treatment medications.

AB40-ASA1,839 Section 839. 46.54 of the statutes is amended to read:

AB40-ASA1,516,3 46.54 Consumer and family self-help and peer-support programs. From the appropriation under s. 20.435 (7) (5) (md), the department shall distribute $874,000 in each fiscal year to increase support for mental health family support projects, employment projects operated by consumers of mental health services, mental health crisis intervention and drop-in projects, and public mental health information activities.

AB40-ASA1,840 Section 840. 46.55 (3m) of the statutes is amended to read:

AB40-ASA1,516,7 46.55 (3m) Within the limits of available funding under s. 20.435 (7) (5) (mb), the department shall award grants under this section in a total amount for all grants of not more than $250,000 in each fiscal year.

AB40-ASA1,841 Section 841. 46.56 (1) (hm) of the statutes is created to read:

AB40-ASA1,516,10 46.56 (1) (hm) "Multi-entity initiative" means an initiative including more than one county or tribe that is established under sub. (2) (b).

AB40-ASA1,842 Section 842. 46.56 (2) of the statutes is renumbered 46.56 (2) (a) and amended to read:

AB40-ASA1,516,18 46.56 (2) (a) If Except as provided in par. (b), if a county board of supervisors establishes an initiative under s. 59.53 (7) or if a tribe establishes an initiative, the county board or tribe shall appoint a coordinating committee and designate an administering agency. The initiative may be funded by the county or tribe or the county board of supervisors or tribe may apply for funding by the state in accordance with sub. (15).

AB40-ASA1,843 Section 843. 46.56 (2) (b) of the statutes is created to read:

AB40-ASA1,517,3 46.56 (2) (b) A county may enter into an agreement with one or more other counties or tribes to establish an initiative and a tribe may enter into an agreement with one or more counties or tribes to establish an initiative. The parties to the agreement shall designate in the agreement a single lead administrative county or lead administrative tribe. The county board of the lead administrative county or the lead administrative tribe shall appoint a coordinating committee and designate an administering agency. The initiative may be funded by the participating entities, or the county board of supervisors of the lead administrative county or the lead administrative tribe may apply for funding by the state in accordance with sub. (15).

AB40-ASA1,844 Section 844. 46.56 (3) (bm) of the statutes is created to read:

AB40-ASA1,517,9 46.56 (3) (bm) 1. The coordinating committee of a multi-entity initiative shall include representatives described under par. (a) 1. to 7. who are from any county or tribe included in the multi-entity initiative, except that, of the representatives described under par. (a) 1. to 7., the committee shall include at least one representative from each county or tribe included in the initiative.

AB40-ASA1,517,12 2. For purposes of a coordinating committee appointed for a multi-entity initiative, a representative under par. (b) 1., 2., 4., 5., 6., 7., and 11. may be from any county or tribe included in the multi-entity initiative.

AB40-ASA1,845 Section 845. 46.56 (3) (d) 6. of the statutes is amended to read:

AB40-ASA1,517,16 46.56 (3) (d) 6. If a county or tribe or a multi-entity initiative applies for funding under sub. (15), assist the administering agency in developing the application required under sub. (15) (b).

AB40-ASA1,846 Section 846. 46.56 (3) (d) 14. of the statutes is amended to read:

AB40-ASA1,517,21 46.56 (3) (d) 14. Establish target groups of children who are involved in 2 or more systems of care and their families to be served by the initiative. For a county or tribe or a multi-entity initiative that applies for funding under sub. (15), severely emotionally disturbed children are required to be a priority target group.

AB40-ASA1,847 Section 847. 46.56 (3) (f) of the statutes is created to read:

AB40-ASA1,517,25 46.56 (3) (f) This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40-ASA1,848 Section 848. 46.56 (4) (intro.) of the statutes is amended to read:

AB40-ASA1,518,5 46.56 (4) Role of administering agency. (intro.) The Except when otherwise provided in requirements established by the department under sub. (14) (e) that apply with respect to multi-entity initiatives, the administering agency designated under sub. (2) shall do all of the following:

AB40-ASA1,849 Section 849. 46.56 (4) (d) of the statutes is amended to read:

AB40-ASA1,518,9 46.56 (4) (d) If the county board of supervisors or tribe or a multi-entity initiative decides to seek state funding under sub. (15), develop the application in cooperation with the coordinating committee.

AB40-ASA1,850 Section 850. 46.56 (5) (intro.) of the statutes is amended to read:

AB40-ASA1,518,14 46.56 (5) Interagency agreement. (intro.) An Except when otherwise provided in requirements established by the department under sub. (14) (e) that apply with respect to multi-entity initiatives, an interagency agreement shall include all of the following:

AB40-ASA1,851 Section 851. 46.56 (6) (cr) of the statutes is renumbered 46.56 (6) (cr) 1. and amended to read:

AB40-ASA1,518,19 46.56 (6) (cr) 1. Every Except as provided in subd. 2., every county and tribe that operates any initiative shall develop written policies and procedures specifying the selection process for the initiative coordinator.

AB40-ASA1,852 Section 852. 46.56 (6) (cr) 2. of the statutes is created to read:

AB40-ASA1,518,23 46.56 (6) (cr) 2. For a multi-entity initiative, the lead administrative county or the lead administrative tribe shall develop the written policies and procedures under subd. 1. specifying the selection process for the initiative coordinator.

AB40-ASA1,853 Section 853. 46.56 (6) (e) of the statutes is created to read:

AB40-ASA1,519,3 46.56 (6) (e) This subsection does not apply with respect to multi-entity initiatives to the extent that the department has adopted requirements under sub. (14) (e) that conflict with those contained in this subsection.

AB40-ASA1,854 Section 854. 46.56 (7) (intro.) of the statutes is amended to read:

AB40-ASA1,519,13 46.56 (7) Eligibility of children and families. (intro.) Children Except when otherwise provided in requirements established by the department under sub. (14) (e) that apply with respect to multi-entity initiatives, children who are involved in 2 of or more systems of care and their families shall be eligible for the initiative, except that the coordinating committee may establish specific additional criteria for eligibility for services and may establish certain target groups of children who are involved in 2 or more systems of care to receive services. If target groups are established, only children falling within the target groups may be enrolled in the initiative. Any eligibility criteria shall meet all of the following conditions:

AB40-ASA1,855 Section 855. 46.56 (8) (t) of the statutes is created to read: