SB21-SSA1,456,9
146.036 (5m) (b) Subject to subd. 2. and pars. (c), (d), (e), and (em), if revenue
2under a contract for the provision of a rate-based service exceeds allowable costs
3incurred in the contract period, the provider may shall be permitted to retain from
4the
any surplus generated by that rate-based service up to 5% of the revenue
5received under the contract. A provider that retains a surplus under this subdivision
6shall
as provided in this paragraph and to use that retained surplus to cover a deficit
7between revenue and allowable costs incurred in any preceding or future contract
8period for the same rate-based service that generated the surplus or to address the
9programmatic needs of clients served by the same rate-based service that generated
10the surplus. 2.
amount, in the sole discretion of the provider, to cover any allowable
11costs specified in 2 CFR Part 200 or in any other applicable federal law or regulation.
12If on December 31 of any year the amount accumulated by a provider from all
13contract periods ending during that year for a rate-based service exceeds 5 percent
14of the total revenue received from all of those contract periods, the provider shall
15provide written notice of that excess to all purchasers of that rate-based service and,
16upon the written request of such a purchaser received no later than 6 months after
17the date of the notice, shall return to the purchaser the purchaser's proportional
18share of that excess.
Subject to pars. (c), (d), (e), and (em), a provider may accumulate
19funds from more than one contract period under this paragraph, except that, if at the
20end of a contract period the amount accumulated from all contract periods for a
21rate-based service exceeds 10% of the revenue received under all current contracts
22for that rate-based service, the provider shall, at the request of a purchaser, return
23to that purchaser the purchaser's proportional share of that excess and use any of
24that excess that is not returned to a purchaser to reduce the provider's unit rate per
25client for that rate-based service in the next contract period. If a provider has held

1for 4 consecutive contract periods an accumulated reserve for a rate-based service
2that is equal to or exceeds 10% of the revenue received under all current contracts
3for that rate-based service, the provider shall apply 50% of that accumulated
4amount to reducing its unit rate per client for that rate-based service in the next
5contract period
. A contract for a rate-based service may not limit the provider to
6retaining from any surplus generated by that service an amount that is less than 5
7percent of the revenue received under the contract. Nothing in this paragraph shall
8be construed to guarantee the generation of a surplus by the provider of a rate-based
9service
.
SB21-SSA1,1471np 10Section 1471np. 46.036 (5m) (c) of the statutes is created to read:
SB21-SSA1,457,411 46.036 (5m) (c) 1. Subject to subd. 2. and par. (e), if on December 31 of any year
12the combined revenues from all contract periods ending during that year for all
13rate-regulated services exceed the allowable costs related to the provision of those
14rate-regulated services in that year, the provider shall be permitted to retain any
15surplus generated by those rate-regulated services as provided in this subdivision
16and to use that retained amount, in the sole discretion of the provider, to cover any
17allowable costs specified in 2 CFR Part 200 or in any other applicable federal law or
18regulation. If on December 31 of any year the amount accumulated by a provider
19from all contract periods ending during that year for a rate-regulated service
20provided under those contracts in that year exceeds 5 percent of the total revenue
21received from all of those contract periods, the provider shall provide written notice
22of that excess to all purchasers of that rate-regulated service and, upon the written
23request of such a purchaser received no later than 6 months after the date of the
24notice, shall return to the purchaser the purchaser's proportional share of that
25excess. A contract for a rate-regulated service may not limit the provider to

1retaining from any surplus generated by that service an amount that is less than 5
2percent of the revenue received under the contract. Nothing in this subdivision shall
3be construed to guarantee the generation of a surplus by a provider of a
4rate-regulated service.
SB21-SSA1,457,135 2. In calculating under subd. 1. the surplus generated by 2 or more affiliated
6providers, any surplus of combined revenues over allowable costs generated by one
7or more of those affiliated providers shall be reduced, but not below zero, by any
8deficit between combined revenues and allowable costs generated by any one or more
9of those affiliated providers. If after that reduction there remains any net surplus,
10that net surplus shall be allocated among the affiliated providers that generated a
11surplus in proportion to the amount of surplus generated by each such affiliated
12provider and subd. 1. shall apply to each such affiliated provider's proportionate
13share of that surplus.
SB21-SSA1,1471nq 14Section 1471nq. 46.036 (5m) (d) of the statutes is created to read:
SB21-SSA1,457,2015 46.036 (5m) (d) In making the calculations under par. (b), if 2 or more providers
16engage in a merger, acquisition, consolidation, reorganization, sale, or other transfer
17resulting in a single successor provider, all surpluses generated by a rate-based
18service provided by a preexisting provider shall be offset against all deficits
19generated by that service provided by a preexisting provider and those net surpluses
20or deficits shall be the surpluses or deficits of the successor provider.
SB21-SSA1,1471nr 21Section 1471nr. 46.036 (5m) (e) of the statutes is amended to read:
SB21-SSA1,458,822 46.036 (5m) (e) Notwithstanding par. (b) 1. and 2., the department or a county
23department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 that purchases care and
24services from an inpatient alcohol and other drug abuse treatment program that is
25not affiliated with a hospital and that is licensed as a community-based residential

1facility, may allocate to the program an amount that is equal to the amount of
2revenues received by the program that are in excess of the allowable costs incurred
3in the period of a contract between the program and the department or the county
4department for purchase of care and services under this section. The department or
5the county department may make the allocation under this paragraph only if the
6funds so allocated do not reduce any amount of unencumbered state aid to the
7department or the county department that otherwise would lapse to the general
8fund.
SB21-SSA1,1471ns 9Section 1471ns. 46.036 (5m) (em) of the statutes is amended to read:
SB21-SSA1,458,1610 46.036 (5m) (em) Notwithstanding pars. (b) 1. and 2. and (e), a county
11department under s. 46.215, 51.42, or 51.437 providing client services in a county
12having a population of 500,000 or more or a nonstock, nonprofit corporation
13providing client services in such a county may not retain a surplus under par. (b) 1.,
14or accumulate funds under par. (b) 2., or allocate an amount under par. (e) from
15revenues that are used to meet the maintenance-of-effort requirement under the
16federal temporary assistance for needy families program under 42 USC 601 to 619.
SB21-SSA1,1472 17Section 1472. 46.057 (2) of the statutes is amended to read:
SB21-SSA1,459,218 46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the
19department of corrections shall transfer to the appropriation account under s. 20.435
20(2) (kx) $1,365,500 in each fiscal year and, from the appropriation account under s.
2120.410 (3) (hm), the department of corrections shall transfer to the appropriation
22account under s. 20.435 (2) (kx) $2,707,100 $2,929,200 in fiscal year 2013-14
232015-16 and $2,772,800 $2,997,600 in fiscal year 2014-15 2016-17, for services for
24juveniles placed at the Mendota juvenile treatment center. The department of health

1services may charge the department of corrections not more than the actual cost of
2providing those services.
SB21-SSA1,1473 3Section 1473. 46.10 (14) (e) 1. of the statutes is amended to read:
SB21-SSA1,459,124 46.10 (14) (e) 1. An order issued under s. 48.355 (2) (b) 4., 48.357 (5m) (a) or
548.363 (2) for support determined under this subsection constitutes an assignment
6of all commissions, earnings, salaries, wages, pension benefits, income continuation
7insurance benefits under s. 40.62, duty disability benefits under s. 40.65,
benefits
8under ch. 102 or 108 and other money due or to be due in the future to the county
9department under s. 46.22 or 46.23 in the county where the order was entered or to
10the department, depending upon the placement of the child as specified by rules
11promulgated under subd. 5. The assignment shall be for an amount sufficient to
12ensure payment under the order.
SB21-SSA1,1474 13Section 1474. 46.206 (1) (a) of the statutes is amended to read:
SB21-SSA1,459,2314 46.206 (1) (a) The department shall supervise the administration of social
15services, except as for social services provided under ch. 48 and subch. III of ch. 49
16and except for, community-based juvenile delinquency-related services, and
17juvenile correctional services
. The department shall submit to the federal
18authorities state plans for the administration of social services, except as for social
19services
provided under ch. 48 and subch. III of ch. 49 and except for,
20community-based
juvenile delinquency-related services, and juvenile correctional
21services,
in such form and containing such information as the federal authorities
22require, and shall comply with all requirements prescribed to ensure their
23correctness.
SB21-SSA1,1475 24Section 1475. 46.206 (2) of the statutes is amended to read:
SB21-SSA1,460,4
146.206 (2) The county administration of all laws relating to social services,
2except with respect to the programs under ch. 48 and subch. III of ch. 49 and to
3juvenile delinquency-related programs,
shall be vested in the officers and agencies
4designated in the statutes.
SB21-SSA1,1478b 5Section 1478b. 46.215 (1) (d) of the statutes is amended to read:
SB21-SSA1,460,126 46.215 (1) (d) To make investigations that relate to services under subchs. IV
7and V of ch. 49 upon request by the department of health services , to make
8investigations that relate to juvenile delinquency-related services at the request of
9the department of corrections,
and to make investigations that relate to programs
10under ch. 48 and subch. III of ch. 49 or to community-based juvenile
11delinquency-related services
upon request by the department of children and
12families.
SB21-SSA1,1484 13Section 1484. 46.215 (2) (a) 1. of the statutes is amended to read:
SB21-SSA1,460,2414 46.215 (2) (a) 1. In order to ensure the availability of a full range of care and
15services, the county department of social services may contract, either directly or
16through the department of health services, with public or voluntary agencies or
17others to purchase, in full or in part, care and services, except as provided under
18subch. III of ch. 49 and s. 301.08 (2), which and except for community-based juvenile
19delinquency-related services, that
the county department of social services is
20authorized by any statute to furnish in any manner. This That care and these those
21services may be purchased from the department of health services if the department
22of health services has staff to furnish the that care and those services. If the county
23department of social services has adequate staff, it may sell the that care and those
24services directly to another county or state agency.
SB21-SSA1,1485 25Section 1485. 46.215 (2) (a) 2. of the statutes is amended to read:
SB21-SSA1,461,10
146.215 (2) (a) 2. In order to ensure the availability of a full range of care and
2services, the county department of social services may contract, either directly or
3through the department of children and families, with public or voluntary agencies,
4or others to purchase, in full or in part, care and services under ch. 48 and subch. III
5of ch. 49 which and community-based juvenile delinquency-related services that the
6county department of social services is authorized to furnish. This That care and
7these those services may be purchased from the department of children and families
8if the department of children and families has staff to furnish the that care and those
9services. If the county department of social services has adequate staff, it may sell
10the that care and those services directly to another county or state agency.
SB21-SSA1,1487 11Section 1487. 46.215 (2) (c) 1. of the statutes is amended to read:
SB21-SSA1,461,2312 46.215 (2) (c) 1. A county department of social services shall develop, under the
13requirements of s. 46.036, plans and contracts for the purchase of care and services
14to be purchased, except for care and services under subch. III of ch. 49 or s. 301.08
15(2) and community-based juvenile delinquency-related services. The department
16of health services may review the contracts and approve them if they are consistent
17with s. 46.036 and if state or federal funds are available for such those purposes. The
18joint committee on finance may require the department of health services to submit
19the contracts to the committee for review and approval. The department of health
20services may not make any payments to a county for programs included in a contract
21under review by the committee. The department of health services shall reimburse
22each county for the contracts from the appropriations under s. 20.435 (7) (b) and (o),
23as appropriate, under s. 46.495.
SB21-SSA1,1488 24Section 1488. 46.215 (2) (c) 2. of the statutes is amended to read:
SB21-SSA1,462,10
146.215 (2) (c) 2. A county department of social services shall develop, under the
2requirements of s. 49.34, plans and contracts for the purchase of care and services
3to be purchased under ch. 48 and subch. III of ch. 49 and of community-based
4juvenile delinquency-related services
. The department of children and families may
5review the contracts and approve them if they are consistent with s. 49.34 and if state
6or federal funds are available for such those purposes. The joint committee on
7finance may require the department of children and families to submit the contracts
8to the committee for review and approval. The department of children and families
9may not make any payments to a county for programs included in a contract under
10review by the committee.
SB21-SSA1,1489 11Section 1489. 46.215 (2) (c) 3. of the statutes is amended to read:
SB21-SSA1,462,2312 46.215 (2) (c) 3. A county department of social services shall develop, under the
13requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related
14care and services to be purchased the purchase of juvenile correctional services. The
15department of corrections may review the contracts and approve them if they are
16consistent with s. 301.08 (2) and if state or federal funds are available for such
17purposes. The joint committee on finance may require the department of corrections
18to submit the contracts to the committee for review and approval. The department
19of corrections children and families may not make any payments under s. 48.526 to
20a county for programs included in a contract under review by the committee. The
21department of corrections children and families shall reimburse each county for the
22contracts from the appropriations under s. 20.410 (3) (cd) and (ko) 20.437 (1) (cj) and
23(o)
as appropriate.
SB21-SSA1,1490 24Section 1490. 46.22 (1) (b) 1. b. of the statutes is amended to read:
SB21-SSA1,463,4
146.22 (1) (b) 1. b. To make investigations which that relate to welfare services,
2except as for welfare services provided under ch. 48 and subch. III of ch. 49,
3community-based juvenile delinquency-related services, and juvenile correctional
4services
, upon request by the department of health services.
SB21-SSA1,1493 5Section 1493. 46.22 (1) (b) 2. a. of the statutes is created to read:
SB21-SSA1,463,76 46.22 (1) (b) 2. a. To administer community-based juvenile
7delinquency-related services under s. 48.526.
SB21-SSA1,1494 8Section 1494. 46.22 (1) (b) 2. c. of the statutes is amended to read:
SB21-SSA1,463,129 46.22 (1) (b) 2. c. To make investigations as provided under ch. 48 and subch.
10III of ch. 49 and investigations relating to community-based juvenile
11delinquency-related services
upon request by the department of children and
12families.
SB21-SSA1,1495 13Section 1495. 46.22 (1) (b) 5m. a. of the statutes is amended to read:
SB21-SSA1,463,1514 46.22 (1) (b) 5m. a. To administer purchase juvenile delinquency-related
15correctional services under s. 301.26.
SB21-SSA1,1496b 16Section 1496b. 46.22 (1) (b) 5m. c. of the statutes is repealed.
SB21-SSA1,1500 17Section 1500. 46.22 (1) (e) 3. a. of the statutes is amended to read:
SB21-SSA1,464,418 46.22 (1) (e) 3. a. A county department of social services shall develop, under
19the requirements of s. 46.036, plans and contracts for the purchase of care and
20services, except for care and services provided under ch. 48, subch. III of ch. 49, and
21s. 301.08 (2), to be purchased and community-based juvenile delinquency-related
22services
. The department of health services may review the contracts and approve
23them if they are consistent with s. 46.036 and to the extent that state or federal funds
24are available for such those purposes. The joint committee on finance may require
25the department of health services to submit the contracts to the committee for review

1and approval. The department of health services may not make any payments to a
2county for programs included in the contract that is under review by the committee.
3The department of health services shall reimburse each county for the contracts from
4the appropriations under s. 20.435 (7) (b) and (o) according to s. 46.495.
SB21-SSA1,1501 5Section 1501. 46.22 (1) (e) 3. b. of the statutes is amended to read:
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:
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