SB21-SSA1,464,156 46.22 (1) (e) 3. b. A county department of social services shall develop, under
7the requirements of s. 49.34, plans and contracts for the purchase of care and services
8under ch. 48 and subch. III of ch. 49 to be purchased and of community-based
9juvenile delinquency-related services
. The department of children and families may
10review the contracts and approve them if they are consistent with s. 49.34 and to the
11extent that state or federal funds are available for such purposes. The joint
12committee on finance may require the department of children and families to submit
13the contracts to the committee for review and approval. The department of children
14and families may not make any payments to a county for programs included in the
15contract that is under review by the committee.
SB21-SSA1,1502 16Section 1502. 46.22 (1) (e) 3. c. of the statutes is amended to read:
SB21-SSA1,465,317 46.22 (1) (e) 3. c. A county department of social services shall develop, under
18the requirements of s. 301.08 (2), plans and contracts for the purchase of juvenile
19delinquency-related care and services to be purchased correctional services. The
20department of corrections may review the contracts and approve them if they are
21consistent with s. 301.08 (2) and to the extent that state or federal funds are available
22for such those purposes. The joint committee on finance may require the department
23of corrections to submit the contracts to the committee for review and approval. The
24department of corrections children and families may not make any payments under
25s. 48.526
to a county for programs included in the contract that is under review by

1the committee. The department of corrections children and families shall reimburse
2each county for the contracts from the appropriations under s. 20.410 (3) (cd) and (ko)
320.437 (1) (cj) and (o) as appropriate.
SB21-SSA1,1503 4Section 1503. 46.22 (2g) (d) of the statutes is renumbered 46.22 (2g) (d) (intro.)
5and amended to read:
SB21-SSA1,465,76 46.22 (2g) (d) (intro.) Prepare, with the assistance of the county social services
7director under sub. (3m) (b) 5., a all of the following:
SB21-SSA1,465,9 81. A proposed budget for submission to the county executive or county
9administrator, a.
SB21-SSA1,465,13 102. A final budget for submission to the department of health services in
11accordance with s. 46.031 (1) for authorized services, except services under ch. 48,
12subch. III of ch. 49, or s. 301.08 (2), a and authorized community-based juvenile
13delinquency-related services.
SB21-SSA1,465,16 143. A final budget for submission to the department of children and families in
15accordance with s. 49.325 for authorized services under ch. 48 and subch. III of ch.
1649, and a and authorized community-based juvenile delinquency-related services.
SB21-SSA1,465,19 174. A final budget for submission to the department of corrections in accordance
18with s. 301.031 (1) for the purchase of authorized juvenile delinquency-related
19correctional services.
SB21-SSA1,1507 20Section 1507. 46.23 (5) (a) 1. of the statutes is amended to read:
SB21-SSA1,466,421 46.23 (5) (a) 1. Shall determine administrative and program policies, except as
22provided under ch. 48 and subch. III of ch. 49 and except for policies relating to
23community-based
juvenile delinquency-related policies, services or to the purchase
24of juvenile correctional services,
within limits established by the department of
25health services. Policy decisions, except as provided under ch. 48 and subch. III of

1ch. 49 and except for policy decisions relating to community-based juvenile
2delinquency-related policies, services or to the purchase of juvenile correctional
3services, that are
not reserved by statute for the department of health services may
4be delegated by the secretary to the county human services board.
SB21-SSA1,1508 5Section 1508. 46.23 (5) (a) 2. of the statutes is amended to read:
SB21-SSA1,466,136 46.23 (5) (a) 2. Shall determine administrative and program policies under ch.
748 and subch. III of ch. 49 and administrative and program policies relating to
8community-based juvenile delinquency-related services
within limits established
9by the department of children and families. Policy decisions under ch. 48 and subch.
10III of ch. 49 and policy decisions relating to community-based juvenile
11delinquency-related services that are
not reserved by statute for the department of
12children and families may be delegated by the secretary of children and families to
13the county human services board.
SB21-SSA1,1509 14Section 1509. 46.23 (5) (a) 3. of the statutes is amended to read:
SB21-SSA1,466,2115 46.23 (5) (a) 3. Shall determine juvenile delinquency-related administrative
16programs and policies relating to the purchase of juvenile correctional services
17within limits established by the department of corrections. Juvenile
18delinquency-related policy
Policy decisions relating to the purchase of juvenile
19correctional services that are
not reserved by statute for the department of
20corrections may be delegated by the secretary of corrections to the county human
21services board.
SB21-SSA1,1510 22Section 1510. 46.23 (5) (c) 1. of the statutes is amended to read:
SB21-SSA1,467,323 46.23 (5) (c) 1. Shall determine whether state mandated services, except for
24services under ch. 48 and subch. III of ch. 49, community-based juvenile
25delinquency-related services,
and juvenile delinquency-related correctional

1services, are provided or by, purchased from, or contracted for with local providers,
2and monitor the performance of such those contracts. Purchase of services contracts
3shall be subject to the conditions specified in s. 46.036.
SB21-SSA1,1511 4Section 1511. 46.23 (5) (c) 2. of the statutes is amended to read:
SB21-SSA1,467,95 46.23 (5) (c) 2. Shall determine whether state mandated services under ch. 48
6and subch. III of ch. 49 and state-mandated community-based juvenile
7delinquency-related services
are provided or by, purchased from, or contracted for
8with local providers, and monitor the performance of such those contracts. Purchase
9of services contracts shall be subject to the conditions specified in s. 49.34.
SB21-SSA1,1512d 10Section 1512d. 46.23 (5) (c) 3. of the statutes is amended to read:
SB21-SSA1,467,1511 46.23 (5) (c) 3. Shall determine whether state mandated juvenile
12delinquency-related services are provided or purchased or contracted for with local
13providers, and
monitor the performance of such contracts. Purchase of service
14contracts for the purchase of juvenile correctional services. Contracts for the
15purchase of those services
shall be subject to the conditions specified in s. 301.031.
SB21-SSA1,1513 16Section 1513. 46.23 (5) (n) 1. of the statutes is amended to read:
SB21-SSA1,467,2317 46.23 (5) (n) 1. Shall submit a final budget in accordance with s. 46.031 (1) for
18authorized services, except for services under ch. 48 and subch. III of ch. 49,
19community-based juvenile delinquency-related services,
and juvenile
20delinquency-related correctional services. Notwithstanding the categorization of or
21limits specified for funds allocated under s. 46.495 or 51.423 (2), with the approval
22of the department of health services the county human services board may expend
23these those funds consistent with any service provided under s. 46.495 or 51.42.
SB21-SSA1,1514 24Section 1514. 46.23 (5) (n) 2. of the statutes is amended to read:
SB21-SSA1,468,6
146.23 (5) (n) 2. Shall submit a final budget in accordance with s. 49.325 (1) for
2authorized services under ch. 48 and subch. III of ch. 49 and for authorized
3community-based juvenile delinquency-related services
. Notwithstanding the
4categorization of or limits specified for funds allocated under s. 48.569, with the
5approval of the department of children and families the county human services board
6may expend these those funds consistent with any service provided under s. 48.569.
SB21-SSA1,1515 7Section 1515. 46.23 (5) (n) 3. of the statutes is amended to read:
SB21-SSA1,468,98 46.23 (5) (n) 3. Shall submit a final budget in accordance with s. 301.031 (1) for
9the purchase of authorized juvenile delinquency-related correctional services.
SB21-SSA1,1516 10Section 1516. 46.23 (5m) (c) of the statutes is amended to read:
SB21-SSA1,468,2111 46.23 (5m) (c) Prepare, with the assistance of the county human services
12director under sub. (6m) (e), a proposed budget for submission to the county executive
13or county administrator,; a final budget for submission to the department of health
14services in accordance with s. 46.031 (1) for authorized services, except services
15under ch. 48 and subch. III of ch. 49 and, community-based juvenile
16delinquency-related services, and juvenile correctional services; a final budget for
17submission to the department of children and families in accordance with s. 49.325
18for authorized services under ch. 48 and subch. III of ch. 49, and for authorized
19community-based juvenile delinquency-related services;
and a final budget for
20submission to the department of corrections in accordance with s. 301.031 for the
21purchase of
authorized juvenile delinquency-related correctional services.
SB21-SSA1,1517 22Section 1517. 46.23 (6) (a) (intro.) of the statutes is amended to read:
SB21-SSA1,469,1123 46.23 (6) (a) (intro.) A county human services director appointed under sub. (5)
24(f) shall have all of the administrative and executive powers and duties of managing,
25operating, maintaining, and improving the services and programs of the county

1department of human services,. Those powers and duties are subject to the rules
2promulgated by the department of health services for programs, except that, with
3respect to
services or programs under ch. 48 and subch. III of ch. 49 and
4community-based juvenile delinquency-related services or programs, those powers
5and duties are
subject to the rules promulgated by the department of children and
6families for services or programs under ch. 48 and subch. III of ch. 49, and, with
7respect to the purchase of juvenile correctional services or programs, those powers
8and duties are
subject to the rules promulgated by the department of corrections for
9juvenile delinquency-related services or programs
. In consultation with the county
10human services board under sub. (5) and subject to its approval, the county human
11services director shall prepare all of the following:
SB21-SSA1,1518 12Section 1518. 46.266 of the statutes is repealed.
SB21-SSA1,1519 13Section 1519. 46.268 of the statutes is repealed.
SB21-SSA1,1523 14Section 1523. 46.27 (6r) (b) 1m. of the statutes is renumbered 46.27 (6r) (b)
151m. (intro.) and amended to read:
SB21-SSA1,469,1816 46.27 (6r) (b) 1m. (intro.) The person meets the requirements under s. 46.266
17(1) (a), (b) or (c)
any of the following for receipt of care in an institution for mental
18diseases.:
SB21-SSA1,1524 19Section 1524. 46.27 (6r) (b) 1m. a. and b. of the statutes are created to read:
SB21-SSA1,469,2420 46.27 (6r) (b) 1m. a. A person who resided in the facility on the date of the
21finding that a skilled nursing facility or intermediate care facility that provides care
22to Medical Assistance recipients to be an institution for mental diseases whose care
23in the facility is disallowed for federal financial participation under Medical
24Assistance.
SB21-SSA1,470,6
1b. A person who is aged 21 to 64, who has a primary diagnosis of mental illness,
2who would meet the level of care requirements for Medical Assistance
3reimbursement in a skilled nursing facility or intermediate care facility but for a
4finding that the facility is an institution for mental diseases, and for whom services
5would be provided in place of a person specified in subd. 1m. a. who discontinues
6services.
SB21-SSA1,1525 7Section 1525. 46.27 (7) (am) of the statutes is amended to read:
SB21-SSA1,470,168 46.27 (7) (am) From the appropriation under s. 20.435 (7) (4) (bd), the
9department shall allocate funds to each county or private nonprofit agency with
10which the department contracts to pay assessment and case plan costs under sub.
11(6) not otherwise paid by fee or under s. 49.45 or 49.78 (2). The department shall
12reimburse multicounty consortia for the cost of assessing persons eligible for medical
13assistance under s. 49.46, 49.468, 49.47, or 49.471 (4) (a) as part of the administrative
14services of medical assistance, payable under s. 49.45 (3) (a). Counties may use
15unspent funds allocated under this paragraph to pay the cost of long-term
16community support services and for a risk reserve under par. (fr).
SB21-SSA1,1526 17Section 1526. 46.27 (7) (b) of the statutes is amended to read:
SB21-SSA1,471,618 46.27 (7) (b) From the appropriations under s. 20.435 (7) (4) (bd) and (im), the
19department shall allocate funds to each county to pay the cost of providing long-term
20community support services under sub. (5) (b) not otherwise paid under s. 49.45 to
21persons eligible for medical assistance under s. 49.46, 49.47, or 49.471 (4) (a) or to
22persons whom the county department or aging unit administering the program finds
23likely to become medically indigent within 6 months by spending excess income or
24assets for medical or remedial care. The average per person reimbursement under
25this paragraph may not exceed the state share of the average per person payment

1rate the department expects under s. 49.45 (6m). The county department or aging
2unit administering the program may spend funds received under this paragraph
3only in accordance with the case plan and service contract created for each person
4receiving long-term community support services. Counties may use unspent funds
5allocated under this paragraph from the appropriation under s. 20.435 (7) (4) (bd) for
6a risk reserve under par. (fr).
SB21-SSA1,1527 7Section 1527. 46.27 (7) (fm) of the statutes is amended to read:
SB21-SSA1,471,208 46.27 (7) (fm) The department shall, at the request of a county, carry forward
9up to 5% of the amount allocated under this subsection to the county for a calendar
10year if up to 5% of the amount so allocated has not been spent or encumbered by the
11county by December 31 of that year, for use by the county in the following calendar
12year, except that the amount carried forward shall be reduced by the amount of funds
13that the county has notified the department that the county wishes to place in a risk
14reserve under par. (fr). The department may transfer funds within s. 20.435 (7) (4)
15(bd) to accomplish this purpose. An allocation under this paragraph does not affect
16a county's base allocation under this subsection and shall lapse to the general fund
17unless expended within the calendar year to which the funds are carried forward.
18A county may not expend funds carried forward under this paragraph for
19administrative or staff costs, except administrative or staff costs that are associated
20with implementation of the waiver under sub. (11) and approved by the department.
SB21-SSA1,1529 21Section 1529. 46.27 (7) (g) (intro.) of the statutes is amended to read:
SB21-SSA1,472,722 46.27 (7) (g) (intro.) The department may carry forward to the next state fiscal
23year funds allocated under this subsection and not encumbered by counties by
24December 31 or carried forward under par. (fm). The department may transfer
25moneys within s. 20.435 (7) (4) (bd) to accomplish this purpose. An allocation under

1this paragraph shall not affect a county's base allocation for the program. The
2department may allocate these transferred moneys during the next fiscal year to
3counties for planning and implementation of resource centers under s. 46.283 or care
4management organizations under s. 46.284 and for the improvement or expansion
5of long-term community support services for clients whose cost of care significantly
6exceeds the average cost of care provided under this section, including any of the
7following:
SB21-SSA1,1530 8Section 1530. 46.27 (7g) (d) of the statutes is amended to read:
SB21-SSA1,472,219 46.27 (7g) (d) The department may require the county department or aging
10unit selected to administer the program in each county to gather and provide the
11department with information needed to recover payment of long-term community
12support services under this subsection. The department shall pay to the county
13department or aging unit an amount equal to 5% of the recovery collected by the
14department relating to a beneficiary for whom the county department or aging unit
15made the last determination of eligibility for funding under sub. (7). A county
16department or aging unit may use funds received under this paragraph only to pay
17costs incurred under this paragraph and shall remit the remainder, if any, to the
18department for deposit in the appropriation account under s. 20.435 (7) (4) (im). The
19department may withhold payments under this paragraph for failure to comply with
20the department's requirements under this paragraph. The department shall treat
21payments made under this paragraph as costs of administration of the program.
SB21-SSA1,1531 22Section 1531. 46.27 (7g) (e) of the statutes is amended to read:
SB21-SSA1,473,223 46.27 (7g) (e) From the appropriation under s. 20.435 (7) (4) (im), the
24department shall pay the amount of the payments under par. (d) and shall spend the

1remainder of the funds recovered under this subsection for long-term community
2support services funded under sub. (7) (b).
SB21-SSA1,1532 3Section 1532. 46.27 (11) (c) 3. of the statutes is amended to read:
SB21-SSA1,473,74 46.27 (11) (c) 3. Medical assistance reimbursement for services a county, a
5private nonprofit agency or an aging unit with which the department contracts
6provides under this subsection shall be made from the appropriations under s. 20.435
7(4) (bd) and (o) and (7) (b) and (bd).
SB21-SSA1,1533 8Section 1533. 46.27 (13) of the statutes is created to read:
SB21-SSA1,473,129 46.27 (13) Program termination. Notwithstanding subs. (5), (6), (6g), (6u), (7),
10(7m), (8), and (11), after the date the family care benefit, as defined in s. 46.2805 (4),
11is available to eligible residents of a county, the department may discontinue the
12program under this section in that county.
SB21-SSA1,1534 13Section 1534. 46.271 (1) (a) (intro.) of the statutes is amended to read:
SB21-SSA1,473,1914 46.271 (1) (a) (intro.) From the appropriation under s. 20.435 (7) (4) (bd), the
15department shall award $100,000 in each fiscal year to applying county departments
16under s. 46.215, 46.22, 46.23, 51.42 or 51.437 or to an aging unit under the conditions
17specified in par. (c) to establish pilot projects for home and community-based
18long-term support services. Funds awarded to the pilot projects shall be used to do
19any of the following:
SB21-SSA1,1535 20Section 1535. 46.272 of the statutes is created to read:
SB21-SSA1,473,22 2146.272 Children's community options program. (1) Definitions. In this
22section:
SB21-SSA1,473,2423 (a) "Child" means a person under 22 years of age who is not eligible to receive
24services in or be on a waiting list for an adult long-term care program.
SB21-SSA1,474,7
1(b) "Disability" means a severe physical, developmental, or emotional
2impairment which is diagnosed medically, behaviorally, or psychologically, which is
3characterized by the need for individually planned and coordinated care, treatment,
4vocational rehabilitation, or other services and which has resulted or is likely to
5result in substantial limitation on the ability to function in at least 2 of the following
6areas, equivalent to nursing home, hospital, or institution for mental disease level
7of care:
SB21-SSA1,474,88 1. Self-care.
SB21-SSA1,474,99 2. Receptive and expressive language.
SB21-SSA1,474,1010 3. Learning.
SB21-SSA1,474,1111 4. Mobility.
SB21-SSA1,474,1212 5. Self-direction.
SB21-SSA1,474,1313 (c) "Hospital" has the meaning provided in s. 50.33 (2).
SB21-SSA1,474,1614 (d) "Institutional setting" means a nursing home, as defined in s. 50.01 (3), a
15state-operated long-term care facility, or any other residential facility that provides
16long-term care to children outside of a home.
SB21-SSA1,474,1917 (e) "Residence" means the voluntary concurrence of physical presence with
18intent to remain in a place of fixed habitation. Physical presence shall be prima facie
19evidence of intent to remain.
SB21-SSA1,474,2220 (f) "State-operated long-term care facility" means a state center for the
21developmentally disabled and a Wisconsin veterans home operated by the
22department of veterans affairs under s. 45.50.
SB21-SSA1,474,2523 (g) "Voluntary" means according to an individual's free choice, if competent, or
24by choice of his or her parent or guardian, if the individual is adjudicated
25incompetent or is a minor.
SB21-SSA1,475,2
1(2) Departmental duties. The department shall do all of the following to
2establish a children's community options program:
SB21-SSA1,475,43 (a) Review and approve or disapprove the selection of a county department to
4administer the children's community options program.
SB21-SSA1,475,155 (b) In consultation with representatives of counties; programs that provide
6community-based services to children or families, other publicly funded programs,
7and the social services, mental health, and developmental disabilities programs
8under ss. 46.495, 51.42, and 51.437; the independent living center program under s.
946.96; and the Medical Assistance program under subch. IV of ch. 49; and with
10recipients of children's community support services, develop guidelines for
11implementing the program and criteria for reviewing community options plans from
12counties participating in the program under this section. The guidelines and criteria
13shall address cost-effectiveness, scope, feasibility and impact on the quality and
14appropriateness of health services and social services and shall provide counties
15with maximum flexibility to develop programs that address local needs.
SB21-SSA1,475,1716 (c) Review and approve or disapprove the community options plan of each
17county participating in the children's community options program.
SB21-SSA1,475,2018 (d) Require that a county, by use of a form provided by the department or other
19appropriate procedure, ensure that persons receiving services under this section
20meet the eligibility requirements for the children's community options program.
SB21-SSA1,475,2221 (e) Periodically monitor the implementation of the children's community
22options program.
SB21-SSA1,475,2523 (f) Review and approve or disapprove the terms of risk reserve escrow accounts
24created under sub. (13) (f) and approve or disapprove disbursements for
25administrative or staff costs from the risk reserve escrow accounts.
SB21-SSA1,476,2
1(4) Duties of participating county departments. Each participating county
2department shall do all of the following:
SB21-SSA1,476,63 (a) Appoint members to an advisory committee or appoint an existing
4committee in the service area as the children's community options advisory
5committee to assist in developing the program plan and to monitor the program. The
6committee shall include, but need not be limited to, the following members:
SB21-SSA1,476,117 1. Parents of children with disabilities including, if possible, parents from
8families that participate in the children's community options program. To the
9maximum extent possible, the parents shall be representative of the various
10disability, racial, and ethnic groups in the service area. The members specified under
11this subdivision shall constitute a majority of the membership of the committee.
SB21-SSA1,476,1712 2. Persons from the service area representing the county department under s.
1346.23, 51.42, or 51.437 and the county department under s. 46.215 or 46.22, school
14districts, and local health departments, as defined in s. 250.01 (4). At least one of the
15committee members selected under this subdivision shall be a person providing
16community social services to children with disabilities who are eligible for the
17program.
SB21-SSA1,476,1918 3. Persons in the service area who provide social or educational services to
19children who have disabilities other than the providers specified in subd. 2.
SB21-SSA1,476,2120 (b) Cooperate with the committee appointed under par. (a) to prepare a
21program plan. The program plan shall include all of the following:
SB21-SSA1,476,2222 1. A description of the proposed program operations.
SB21-SSA1,476,2323 2. The estimated number of families that will be assessed and served.
SB21-SSA1,476,2524 3. A list of specific groups, if any, that will be given priority for available
25funding.
SB21-SSA1,477,3
14. A description of the outreach procedures that will be used to ensure that the
2program will be made available to children with physical, emotional, and
3developmental disabilities.
SB21-SSA1,477,44 5. The procedures that will be used to determine family needs.
SB21-SSA1,477,75 6. A description of the methods that will be used for the development and
6monitoring of service plans and for coordinating the provision of services and goods
7to participating families.
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