SB21-SSA1,487,2117 46.277 (5g) (b) 1. A person who resided in the facility on the date of the finding
18that a skilled nursing facility or intermediate care facility that provides care to
19Medical Assistance recipients to be an institution for mental diseases whose care in
20the facility is disallowed for federal financial participation under Medical
21Assistance.
SB21-SSA1,488,222 2. A person who is aged 21 to 64, who has a primary diagnosis of mental illness,
23who would meet the level of care requirements for Medical Assistance
24reimbursement in a skilled nursing facility or intermediate care facility but for a

1finding that the facility is an institution for mental diseases, and for whom services
2would be provided in place of a person specified in subd. 1. who discontinues services.
SB21-SSA1,1542 3Section 1542. 46.2803 (2) of the statutes is amended to read:
SB21-SSA1,488,114 46.2803 (2) Notwithstanding s. 46.27 (7), a county in which a care management
5organization is operating pursuant to a contract under s. 46.284 (2) or a county in
6which a program described under s. 46.2805 (1) (a) or (b) is administered may use
7funds appropriated under s. 20.435 (7) (4) (bd) and allocated to the county under s.
846.27 (7) to provide community mental health or substance abuse services and
9supports for persons with mental illness or persons in need of services or supports
10for substance abuse and to provide services under the Family Support Program
11under s. 46.985.
SB21-SSA1,1543 12Section 1543 . 46.2803 (2) of the statutes, as affected by 2015 Wisconsin Act
13.... (this act), is amended to read:
SB21-SSA1,488,2014 46.2803 (2) Notwithstanding s. 46.27 (7), a county in which a care management
15organization is operating pursuant to a contract under s. 46.284 (2) or a county in
16which a program described under s. 46.2805 (1) (a) or (b) is administered may use
17funds appropriated under s. 20.435 (4) (bd) and allocated to the county under s. 46.27
18(7) to provide community mental health or substance abuse services and supports for
19persons with mental illness or persons in need of services or supports for substance
20abuse and to provide services under the Family Support Program under s. 46.985.
SB21-SSA1,1568 21Section 1568. 46.281 (4) (d) of the statutes is amended to read:
SB21-SSA1,488,2322 46.281 (4) (d) The department shall deposit payments made by counties under
23this subsection in the appropriation account under s. 20.435 (7) (g) (4) (h).
SB21-SSA1,1569b 24Section 1569b. 46.2825 (2) (i) of the statutes is created to read:
SB21-SSA1,489,2
146.2825 (2) (i) Review and assess the self-directed services option, as defined
2in s. 46.2899 (1).
SB21-SSA1,1586 3Section 1586. 46.283 (5) of the statutes is amended to read:
SB21-SSA1,489,74 46.283 (5) Funding. From the appropriation accounts under s. 20.435 (4) (b),
5(bd), (bm), (gm), (pa), and (w) and (7) (b), (bd), and (md), the department may contract
6with organizations that meet standards under sub. (3) for performance of the duties
7under sub. (4) and shall distribute funds for services provided by resource centers.
SB21-SSA1,1603 8Section 1603. 46.284 (5) (a) of the statutes is amended to read:
SB21-SSA1,489,159 46.284 (5) (a) From the appropriation accounts under s. 20.435 (4) (b), (bd), (g),
10(gm), (h), (im), (o), and (w) and (7) (b), (bd), and (g), the department shall provide
11funding on a capitated payment basis for the provision of services under this section.
12Notwithstanding s. 46.036 (3) and (5m), a care management organization that is
13under contract with the department may expend the funds, consistent with this
14section, including providing payment, on a capitated basis, to providers of services
15under the family care benefit.
SB21-SSA1,1618c 16Section 1618c. 46.2895 (4) (n) of the statutes is created to read:
SB21-SSA1,489,1817 46.2895 (4) (n) In accordance with state law, operate a health maintenance
18organization.
SB21-SSA1,1621 19Section 1621. 46.2896 of the statutes is created to read:
SB21-SSA1,489,20 2046.2896 Counting promissory notes as assets. (1) In this section:
SB21-SSA1,489,2421 (a) "Long-term care program" means the long-term care program under s.
2246.27, 46.275, 46.277, 46.278, or 46.2785; the family care program providing the
23benefit under s. 46.286; the Family Care Partnership program; or the long-term care
24program defined in s. 46.2899 (1).
SB21-SSA1,490,4
1(b) "Promissory note" means a written, unconditional agreement, given in
2return for goods, money loaned, or services rendered, under which one party
3promises to pay another party a specified sum of money at a specified time or on
4demand.
SB21-SSA1,490,7 5(2) When determining or redetermining an individual's financial eligibility for
6a long-term care program, the department shall include a promissory note as a
7countable asset if all of the following apply:
SB21-SSA1,490,108 (a) The individual applying for or receiving benefits under the long-term care
9program or his or her spouse provided the goods, money loaned, or services rendered
10for the promissory note.
SB21-SSA1,490,1211 (b) The promissory note was entered into or purchased on or after the effective
12date of this paragraph .... [LRB inserts date].
SB21-SSA1,490,1413 (c) The promissory note is negotiable, assignable, and enforceable and does not
14contain any terms making it unmarketable.
SB21-SSA1,490,20 15(3) A promissory note is presumed to be negotiable and its asset value is the
16outstanding principal balance at the time the individual applies for the long-term
17care program or at the time the individual's eligibility for the long-term care
18program is redetermined, unless the individual shows by credible evidence from a
19knowledgeable source that the note is nonnegotiable or has a different current
20market value, which will then be considered the asset value.
SB21-SSA1,1626 21Section 1626. 46.29 (1) (intro.) of the statutes is amended to read:
SB21-SSA1,490,2522 46.29 (1) (intro.) From the appropriation account under s. 20.435 (7) (4) (a), the
23department shall distribute at least $16,100 in each fiscal year for operation of the
24council on physical disabilities. The council on physical disabilities shall do all of the
25following:
SB21-SSA1,1627
1Section 1627. 46.29 (3) (d) of the statutes is amended to read:
SB21-SSA1,491,32 46.29 (3) (d) The director of the office administrator of the division of state
3employment relations
personnel management in the department of administration.
SB21-SSA1,1630 4Section 1630. 46.295 (1) of the statutes is amended to read:
SB21-SSA1,491,85 46.295 (1) The department may, on the request of any hearing-impaired
6person, city, village, town, or county or private agency, provide funds from the
7appropriation accounts under s. 20.435 (4) (hs) and (7) (d) and (hs) to reimburse
8interpreters for hearing-impaired persons for the provision of interpreter services.
SB21-SSA1,1631 9Section 1631. 46.40 (1) (a) of the statutes is amended to read:
SB21-SSA1,491,1510 46.40 (1) (a) Within the limits of available federal funds and of the
11appropriations under s. 20.435 (7) (b) and (o), the department shall distribute funds
12for community social, mental health, developmental disabilities, and alcohol and
13other drug abuse services and for services under ss. 46.87, 46.985, and 51.421 to
14county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437 and to county
15aging units, as provided in subs. (2), (2m), (8), and (7) to (9).
SB21-SSA1,1632 16Section 1632. 46.40 (7) of the statutes is repealed.
SB21-SSA1,1633 17Section 1633. 46.40 (7m) of the statutes is created to read:
SB21-SSA1,491,2018 46.40 (7m) State community mental health allocation. For community
19mental health services, the department shall distribute not less than $24,348,700 in
20each fiscal year.
SB21-SSA1,1634 21Section 1634. 46.40 (14m) of the statutes is amended to read:
SB21-SSA1,492,222 46.40 (14m) County community aids budgets. Before December 1 of each year,
23each county department under ss. 46.215, 46.22, 46.23, 51.42 and 51.437 and each
24tribal governing body shall submit to the department a proposed budget for the
25expenditure of funds allocated under this section or carried forward under s. 46.45

1(3) (a). The proposed budget shall be submitted on a form developed by the
2department and approved by the department of administration.
SB21-SSA1,1635 3Section 1635. 46.45 (3) (a) of the statutes is amended to read:
SB21-SSA1,492,164 46.45 (3) (a) Except as provided in par. (b), at the request of a county, tribal
5governing body, or private nonprofit organization, the department shall carry
6forward up to 3% of the total amount allocated to the county, tribal governing body,
7or nonprofit organization for a calendar year, not including the amount allocated to
8the county under s. 46.40 (7), which amount may be carried forward as provided in
9par. (c)
. All funds carried forward for a tribal governing body or nonprofit
10organization and all funds allocated under s. 46.40 (2m) carried forward for a county
11shall be used for the purpose for which the funds were originally allocated. Other
12funds carried forward under this paragraph may be used for any purpose under s.
1320.435 (7) (b), except that a county may not use any funds carried forward under this
14paragraph for administrative or staff costs. An allocation of carried-forward funding
15under this paragraph does not affect a county's base allocations under s. 46.40 (2),
16(2m), (8), and (9).
SB21-SSA1,1636 17Section 1636. 46.45 (3) (c) of the statutes is repealed.
SB21-SSA1,1637 18Section 1637. 46.45 (6) (a) of the statutes is renumbered 46.45 (6) and
19amended to read:
SB21-SSA1,492,2420 46.45 (6) The department may carry forward 10% of any funds specified in sub.
21(3) (a) that are not carried forward under sub. (3) (a) for emergencies, for justifiable
22unit services costs above planned levels, and for increased costs due to population
23shifts. An allocation of carried-forward funding under this paragraph does not affect
24a county's base allocations under s. 46.40 (2), (2m), (8), and (9).
SB21-SSA1,1638 25Section 1638. 46.45 (6) (b) of the statutes is repealed.
SB21-SSA1,1639
1Section 1639. 46.56 (3) (a) 4. of the statutes is repealed.
SB21-SSA1,1640 2Section 1640. 46.56 (10) of the statutes is repealed.
SB21-SSA1,1644w 3Section 1644w. 46.96 (title) of the statutes is amended to read:
SB21-SSA1,493,5 446.96 (title) Independent living center grants; independent living
5services
.
SB21-SSA1,1645 6Section 1645. 46.96 (2) of the statutes is amended to read:
SB21-SSA1,493,97 46.96 (2) The department shall make grants from the appropriations under s.
820.435 (7) (c), (kc), and (na) to independent living centers for nonresidential services
9to severely disabled individuals.
SB21-SSA1,1645c 10Section 1645c. 46.96 (2d) of the statutes is created to read:
SB21-SSA1,493,1311 46.96 (2d) The department shall make grants from the appropriations under
12s. 20.435 (7) (c) and (na) for the purposes for which the federal moneys are received,
13including for independent living services.
SB21-SSA1,1646 14Section 1646. 46.985 of the statutes is repealed.
SB21-SSA1,1647 15Section 1647. 46.99 (4) of the statutes is amended to read:
SB21-SSA1,493,2216 46.99 (4) From the appropriation account under s. 20.435 (4) (o), the
17department may distribute to counties that provide services under this section the
18amount of federal moneys received by the state as the federal share of medical
19assistance for those services, minus the amount transferred to the appropriation
20account under s. 20.435 (7) (4) (im) for the department's costs of administering this
21section. Counties shall use moneys distributed under this section to provide services
22under this section or s. 51.44.
SB21-SSA1,1648 23Section 1648. 47.02 (3m) (p) of the statutes is repealed.
SB21-SSA1,1648n 24Section 1648n. 48.185 (3) of the statutes is created to read:
SB21-SSA1,494,2
148.185 (3) Venue for a proceeding under s. 48.366 (3) (am) shall be in the county
2where the most recent order specified in s. 48.366 (1) (a) or (b) was issued.
SB21-SSA1,1648s 3Section 1648s. 48.315 (2m) (c) of the statutes is created to read:
SB21-SSA1,494,74 48.315 (2m) (c) The court making a finding under s. 48.366 (3) (am) 3. that a
5person's placement in out-of-home care under a transition-to-independent-living
6agreement is in the best interests of the person more than 180 days after the date on
7which the agreement is entered into.
SB21-SSA1,1649 8Section 1649. 48.366 (1) of the statutes is renumbered 48.366 (1) (intro.) and
9amended to read:
SB21-SSA1,494,1310 48.366 (1) (intro.) Applicability. This section applies to a person who is a
11full-time student of a secondary school or its vocational or technical equivalent, for
12whom an individualized education program under s. 115.787 is in effect, and to whom
13any of the following applies:
SB21-SSA1,494,19 14(a) The person is placed in a foster home, group home, or residential care center
15for children and youth, in the home of a relative other than a parent, or in a
16supervised independent living arrangement under an order under s. 48.355, 48.357,
17or 48.365 that terminates as provided in s. 48.355 (4) (b) 1., 2., or 3., 48.357 (6) (a) 1.,
182., or 3., or 48.365 (5) (b) 1., 2., or 3. on or after the person attains 18 years of age or
19who
.
SB21-SSA1,494,24 20(b) The person is in the guardianship and custody of an agency specified in s.
2148.427 (3m) (a) 1. to 4. or (am) under an order under s. 48.43, who is a full-time
22student of a secondary school or its vocational or technical equivalent, and for whom
23an individualized education program under s. 115.787 is in effect
that terminates on
24the date on which the person attains 18 years of age
.
SB21-SSA1,1650 25Section 1650. 48.366 (1) (c) of the statutes is created to read:
SB21-SSA1,495,2
148.366 (1) (c) The person is placed in a shelter care facility on the date on which
2an order specified in par. (a) or (b) terminates.
SB21-SSA1,1651 3Section 1651. 48.366 (2) (a) of the statutes is amended to read:
SB21-SSA1,495,194 48.366 (2) (a) Not less than 120 days before an order described in sub. (1) (a)
5or (b)
terminates, the agency primarily responsible for providing services under the
6order shall request the person who is the subject of the order to indicate whether he
7or she wishes to be discharged from out-of-home care on termination of the order or
8wishes to continue in out-of-home care under a voluntary agreement under sub. (3).
9If the person is subject to an order under s. 48.355, 48.357, or 48.365 described in sub.
10(1) (a), the agency shall also request the person to indicate whether he or she wishes
11to continue in out-of-home care until the date specified in s. 48.365 (5) (b) 4. under
12an extension of the order. If the person indicates that he or she wishes to be
13discharged from out-of-home care on termination of the order, the agency shall
14request a transition-to-discharge hearing under par. (b). If the person indicates that
15he or she wishes to continue in out-of-home care under an extension of an order
16under s. 48.355, 48.357, or 48.365 described in sub. (1) (a), the agency shall request
17an extension of the order under s. 48.365. If the person indicates that he or she
18wishes to continue in out-of-home care under a voluntary agreement under sub. (3),
19the agency and the person shall enter into such an agreement.
SB21-SSA1,1652 20Section 1652. 48.366 (2) (b) 1. of the statutes is amended to read:
SB21-SSA1,496,621 48.366 (2) (b) 1. If the person who is the subject of an order described in sub.
22(1) (a) or (b) indicates that he or she wishes to be discharged from out-of-home care
23on termination of the order, the agency primarily responsible for providing services
24to the person under the order shall request the court to hold a
25transition-to-discharge hearing and shall cause notice of that request to be provided

1to that person, the parent, guardian, and legal custodian of that person, any foster
2parent or other physical custodian described in s. 48.62 (2) of that person, that
3person's court-appointed special advocate, all parties who are bound by the
4dispositional order, and, if that person is an Indian child who has been removed from
5the home of his or her parent or Indian custodian, that person's Indian custodian and
6tribe.
SB21-SSA1,1653 7Section 1653. 48.366 (2) (b) 3. of the statutes is amended to read:
SB21-SSA1,496,148 48.366 (2) (b) 3. At the hearing the court shall review with the person who is
9the subject of an order described in sub. (1) (a) or (b) the options specified in par. (a)
10and. If the person is subject to an order under s. 48.355, 48.357, or 48.365 described
11in sub. (1) (a),
the court shall also advise the person that he or she may continue in
12out-of-home care as provided in par. (a) under an extension of an order under s.
1348.355, 48.357, or 48.365 described in sub. (1) (a) or under a voluntary agreement
14under sub. (3).
SB21-SSA1,1654 15Section 1654. 48.366 (2) (b) 4. of the statutes is amended to read:
SB21-SSA1,497,616 48.366 (2) (b) 4. If the court determines that the person who is the subject of
17an order described in sub. (1) (a) or (b) understands that he or she may continue in
18out-of-home care, but wishes to be discharged from that care on termination of the
19order, the court shall advise the person that he or she may enter into a voluntary
20agreement under sub. (3) at any time before he or she is granted a high school or high
21school equivalency diploma or reaches 21 years of age, whichever occurs first, so long
22as he or she is a full-time student at a secondary school or its vocational or technical
23equivalent and an individualized education program under s. 115.787 is in effect for
24him or her. If the court determines that the person wishes to continue in
25out-of-home care under an extension of an order under s. 48.355, 48.357, or 48.365

1described in sub. (1) (a), the court shall schedule an extension hearing under s.
248.365. If the court determines that the person wishes to continue in out-of-home
3care under a voluntary agreement under sub. (3), the court shall order the agency
4primarily responsible for providing services to the person under the order to provide
5transition-to-independent-living services for the person under a voluntary
6agreement under sub. (3).
SB21-SSA1,1655 7Section 1655. 48.366 (3) (a) of the statutes is amended to read:
SB21-SSA1,497,188 48.366 (3) (a) On termination of an order described in sub. (1) (a) or (b), the
9person who is the subject of the order, or the person's guardian on behalf of the
10person, and the agency primarily responsible for providing services to the person
11under the order may enter into a transition-to-independent-living agreement
12under which the person continues in out-of-home care and continues to be a
13full-time student at a secondary school or its vocational or technical equivalent
14under an individualized education program under s. 115.787 until the date on which
15the person reaches 21 years of age, is granted a high school or high school equivalency
16diploma, or terminates the agreement as provided in par. (b), whichever occurs first,
17and the agency provides services to the person to assist him or her in transitioning
18to independent living.
SB21-SSA1,1656 19Section 1656. 48.366 (3) (am) of the statutes is created to read:
SB21-SSA1,498,320 48.366 (3) (am) 1. No later than 150 days after a
21transition-to-independent-living agreement is entered into, the agency primarily
22responsible for providing services under the agreement shall petition the court for
23a determination that the person's placement in out-of-home care under the
24agreement is in the best interests of the person. The request shall contain the name
25and address of the placement and specific information showing why the placement

1is in the best interests of the person and shall have a copy of the agreement attached
2to it. The agency shall cause written notice of the petition to be sent to the person
3who is the subject of the agreement and the person's guardian.
SB21-SSA1,498,94 2. On receipt of a petition under subd. 1., the court shall set a date for a hearing
5on the petition that allows a reasonable time for the parties to prepare but is within
630 days after the date of receipt of the petition. Not less than 3 days before the
7hearing the agency primarily responsible for providing services under the agreement
8or the court shall provide notice of the hearing to all persons who are entitled to
9receive notice under subd. 1. A copy of the petition shall be attached to the notice.
SB21-SSA1,498,1510 3. If the court finds that the person's placement in out-of-home care under the
11agreement is in the best interests of the person, the court shall grant an order
12determining that placement in out-of-home care under the agreement is in the best
13interests of the person. The court shall grant or deny the order no later than 180 days
14after the date on which the transition-to-independent-living agreement is entered
15into.
SB21-SSA1,498,2216 4. The court shall make the findings under subd. 3. on a case-by-case basis
17based on circumstances specific to the person and shall document or reference the
18specific information on which those findings are based in the order under subd. 3.
19An order that merely references subd. 3. without documenting or referencing that
20specific information in the order or an amended order that retroactively corrects an
21earlier order that does not comply with this subdivision is not sufficient to comply
22with this subdivision.
SB21-SSA1,1657 23Section 1657. 48.366 (3) (d) of the statutes is created to read:
SB21-SSA1,499,424 48.366 (3) (d) If the agency that enters into a voluntary agreement under this
25subsection is the department or a county department, the voluntary agreement shall

1also specifically state that the department or the county department has placement
2and care responsibility for the person who is the subject of the agreement as required
3under 42 USC 672 (a) (2) and has primary responsibility for providing services to the
4person.
SB21-SSA1,1658 5Section 1658. 48.366 (3g) of the statutes is created to read:
SB21-SSA1,499,96 48.366 (3g) Appeal procedures. (a) Any person who is aggrieved by the failure
7of an agency to enter into a transition-to-independent-living agreement under sub.
8(3) or by an agency's termination of such an agreement has the right to a contested
9case hearing under ch. 227.
SB21-SSA1,1659 10Section 1659. 48.366 (4) (a) of the statutes is amended to read:
SB21-SSA1,499,1411 48.366 (4) (a) Rules permitting a foster home, group home, or residential care
12center for children and youth to provide care for persons who agree to continue in
13out-of-home care under an extension of an order described in sub. (1) (a) or a
14voluntary agreement under sub. (3).
SB21-SSA1,1660 15Section 1660. 48.38 (1) (ad) of the statutes is created to read:
SB21-SSA1,499,1716 48.38 (1) (ad) "Child" includes a person 18 years of age or over for whom a
17permanency plan is required under sub. (2).
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