Amendment ASA1-AB64

AB64-ASA1,744av Section 744av. 46.03 (1m) of the statutes is created to read:

AB64-ASA1,437,4 46.03 (1m) Institute appropriation surplus. After June 30 of each even-numbered fiscal year, determine the unencumbered amount remaining in the appropriation account under s. 20.435 (2) (gk) and provide this information to county and tribal human services departments. If the unencumbered amount in the appropriation account under s. 20.435 (2) (gk) on June 30 of an even-numbered fiscal year exceeds 17 percent over the amount of expenditures made during the even-numbered fiscal year, the department shall consult with county and tribal human services departments to develop a proposal for the use of that excess amount. The department shall submit the proposal for use of the excess amount, if an excess amount exists, in its next biennial budget request.

AB64-ASA1,744b Section 744b. 46.036 (4) (c) of the statutes is amended to read:

AB64-ASA1,437,9 46.036 (4) (c) Unless waived by the department, biennially, or annually if required under federal law, provide the purchaser with a certified financial and compliance audit report if the care and services purchased exceed $25,000 $100,000. The audit shall follow standards that the department prescribes.

AB64-ASA1,744c Section 744c. 46.036 (5m) (b) 1. of the statutes is amended to read:

AB64-ASA1,437,22 46.036 (5m) (b) 1. Subject to subd. 2. and pars. (e) and (em), if If revenue under a contract for the provision of a rate-based service exceeds allowable costs incurred in the contract period, the contract shall allow the provider may to retain from the surplus generated by that rate-based service up to 5 percent of the revenue received under the contract. A provider that retains a surplus under this subdivision shall use that retained surplus to cover a deficit between revenue and allowable costs incurred in any preceding or future contract period for the same rate-based service that generated the surplus or to address the programmatic needs of clients served by the same rate-based service that generated the surplus unless a uniform rate is established by rule under subd. 4., in which case the contract shall allow the provider to retain the uniform percentage rate established by the rule. The retained surplus is the property of the provider.

AB64-ASA1,744d Section 744d. 46.036 (5m) (b) 2. of the statutes is repealed.

AB64-ASA1,744e Section 744e. 46.036 (5m) (b) 3. of the statutes is created to read:

AB64-ASA1,438,11 46.036 (5m) (b) 3. If on December 31 of any year the provider's accumulated surplus from all contract periods ending during that year for a rate-based service exceeds the allowable retention rate under subd. 1., the provider shall provide written notice of that excess to all purchasers of the rate-based service. Upon the written request of such a purchaser received no later than 6 months after the date of the notice, the provider shall refund the purchaser's proportional share of that excess. If the department determines based on an audit or fiscal review that the amount of the excess identified by the provider was incorrect, the department may seek to recover funds after the 6-month period has expired. The department shall commence any audit or fiscal review under this subdivision within 6 years after the end of the contract period.

AB64-ASA1,744f Section 744f. 46.036 (5m) (b) 4. of the statutes is created to read:

AB64-ASA1,438,15 46.036 (5m) (b) 4. The department, in consultation with the department of children and families and the department of corrections, shall promulgate rules to implement this subsection including all of the following:

AB64-ASA1,438,20 a. Requiring that contracts for rate-based services under this subsection allow a provider to retain from any surplus revenue up to 5 percent of the total revenue received under the contract, or a different percentage rate determined by the department. The percentage rate established under this subd. 4. a. shall apply uniformly to all rate-based service contracts under this subsection.

AB64-ASA1,438,22 b. Establishing a procedure for reviewing rate-based service contracts to determine whether a contract complies with the provisions of this subsection.

AB64-ASA1,744g Section 744g. 46.036 (5m) (e) of the statutes is amended to read:

AB64-ASA1,439,10 46.036 (5m) (e) Notwithstanding par. (b) 1. and 2., the department or a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 that purchases care and services from an inpatient alcohol and other drug abuse treatment program that is not affiliated with a hospital and that is licensed as a community-based residential facility, may allocate to the program an amount that is equal to the amount of revenues received by the program that are in excess of the allowable costs incurred in the period of a contract between the program and the department or the county department for purchase of care and services under this section. The department or the county department may make the allocation under this paragraph only if the funds so allocated do not reduce any amount of unencumbered state aid to the department or the county department that otherwise would lapse to the general fund.

AB64-ASA1,744h Section 744h. 46.036 (5m) (em) of the statutes is amended to read:

AB64-ASA1,439,18 46.036 (5m) (em) Notwithstanding pars. (b) 1. and 2. and (e), a county department under s. 46.215, 51.42, or 51.437 providing client services in a county having a population of 500,000 or more or a nonstock, nonprofit corporation providing client services in such a county may not retain a surplus under par. (b) 1., accumulate funds under par. (b) 2., or allocate an amount under par. (e) from revenues that are used to meet the maintenance-of-effort requirement under the federal temporary assistance for needy families program under 42 USC 601 to 619.

AB64-ASA1,745 Section 745 . 46.057 (2) of the statutes is amended to read:

AB64-ASA1,440,3 46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $1,365,500 in each fiscal year and, from the appropriation account under s. 20.410 (3) (hm), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $2,929,200 $2,869,200 in fiscal year 2015-16 2017-18 and $2,997,600 $2,932,600 in fiscal year 2016-17 2018-19, for services for juveniles placed at the Mendota juvenile treatment center. The department of health services may charge the department of corrections not more than the actual cost of providing those services.

AB64-ASA1,746 Section 746 . 46.269 of the statutes is created to read:

AB64-ASA1,440,15 46.269 Determining financial eligibility for long-term care programs. To the extent approved by the federal government, the department or its designee shall exclude any assets accumulated in a person's independence account, as defined in s. 49.472 (1) (c), and any income or assets from retirement benefits earned or accumulated from income or employer contributions while employed and receiving state-funded benefits under s. 46.27 or medical assistance under s. 49.472 in determining financial eligibility and cost-sharing requirements, if any, for a long-term care program under s. 46.27, 46.275, or 46.277, for the family care program that provides the benefit defined in s. 46.2805 (4), for the Family Care Partnership program, or for the self-directed services option, as defined in s. 46.2897 (1).

AB64-ASA1,747 Section 747 . 46.283 (5) of the statutes is amended to read:

AB64-ASA1,440,21 46.283 (5) Funding. From the appropriation accounts under s. 20.435 (1) (n), (4) (b), (bd), (bm), (gm), (pa), and (w), and (7) (b) and (md), the department may contract with organizations that meet standards under sub. (3) for performance of the duties under sub. (4) and shall distribute funds for services provided by resource centers.

AB64-ASA1,747w Section 747w. 46.2899 (2), (3) and (4) of the statutes are amended to read:

AB64-ASA1,441,5 46.2899 (2) Waiver program. The department shall request a waiver, or a modification of 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 or modification of 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.

AB64-ASA1,441,14 (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.

AB64-ASA1,441,19 (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.

AB64-ASA1,748 Section 748 . 46.29 (1) (intro.) of the statutes is amended to read:

AB64-ASA1,441,24 46.29 (1) (intro.) From the appropriation account under s. 20.435 (4) (1) (a), the department shall distribute at least $16,100 in each fiscal year for operation of the council on physical disabilities. The council on physical disabilities shall do all of the following:

AB64-ASA1,749 Section 749 . 46.295 (1) of the statutes is amended to read:

AB64-ASA1,442,4 46.295 (1) The department may, on the request of any hearing-impaired person, city, village, town, or county or private agency, provide funds from the appropriation accounts under s. 20.435 (4) (1) (da) and (hs) and (7) (d) to reimburse interpreters for hearing-impaired persons for the provision of interpreter services.

AB64-ASA1,750 Section 750 . 46.297 (1) of the statutes is amended to read:

AB64-ASA1,442,10 46.297 (1) Assistance. From the appropriation under s. 20.435 (7) (d) (1) (da), the department shall, subject to the availability of funds, provide assistance to hearing-impaired persons to secure telecommunication devices capable of serving their needs. Except in extraordinary circumstances, the department shall purchase or provide funds for the purchase of telecommunication devices.

AB64-ASA1,751 Section 751 . 46.48 (1) of the statutes is amended to read:

AB64-ASA1,442,14 46.48 (1) General. From the appropriation accounts under s. 20.435 (1) (b), (5) (bc), and (7) (bc), the department shall award grants for community programs as provided in this section.

AB64-ASA1,752 Section 752 . 46.48 (32) of the statutes is amended to read:

AB64-ASA1,442,21 46.48 (32) Peer-run respite center contracts. The department shall contract with a peer-run organization to establish peer-run respite centers for individuals experiencing mental health conditions or substance abuse. Notwithstanding sub. (1), the department may make payments to an organization that establishes peer-run respite centers that provide services to veterans from the appropriation under s. 20.435 (5) (kp).

AB64-ASA1,752b Section 752b. 46.48 (32) of the statutes, as affected by 2017 Wisconsin Act .... (this act), is amended to read:

AB64-ASA1,443,4 46.48 (32) Peer-run respite center contracts. The department shall contract with a peer-run organization to establish peer-run respite centers for individuals experiencing mental health conditions or substance abuse. Notwithstanding sub. (1), the department may make payments to an organization that establishes peer-run respite centers that provide services to veterans from the appropriation under s. 20.435 (5) (kp).

AB64-ASA1,753 Section 753 . 46.80 (2m) (b) of the statutes is amended to read:

AB64-ASA1,443,9 46.80 (2m) (b) May operate the foster grandparent project specified under 42 USC 5011 (a). If the department operates that project, the department shall distribute funds from the appropriation under s. 20.435 (7) (1) (dh) to supplement any federal foster grandparent project funds received under 42 USC 5011 (a).

AB64-ASA1,754 Section 754 . 46.80 (5) (a) of the statutes is amended to read:

AB64-ASA1,443,23 46.80 (5) (a) From the appropriation under s. 20.435 (7) (1) (dh), the department shall provide a state supplement to the federal congregate nutrition projects under 42 USC 3030e, in effect on April 30, 1980, which will promote expansion of projects throughout the state and, from the appropriation under s. 20.435 (7) (1) (kn), the department shall provide a state supplement to the federal congregate nutrition projects of $450,000 for home-delivered meals and $50,000 for congregate meals. Except as provided in par. (b), the department shall allocate these funds based on the formulas developed by the department under sub. (2m) (a) 2. A county that receives federal funds for congregate nutrition projects on or after July 1, 1977, may not receive under this paragraph an amount that is less than the 1976-77 allocation as a result of the program expansion. This paragraph does not require that federal limitations on the use of federal congregate nutrition funds for home delivered meals apply to the state supplement.

AB64-ASA1,755 Section 755 . 46.81 (2) of the statutes is amended to read:

AB64-ASA1,444,5 46.81 (2) From the appropriation account under s. 20.435 (7) (1) (dh), the department shall allocate $2,298,400 in each fiscal year to aging units to provide benefit specialist services for older individuals. The department shall ensure that each aging unit receives funds and shall take into account the proportion of the state's population of low-income older individuals who reside in a county.

AB64-ASA1,756 Section 756 . 46.81 (5) of the statutes is amended to read:

AB64-ASA1,444,10 46.81 (5) From the appropriation under s. 20.435 (7) (1) (dh) the department shall allocate $182,500 in each fiscal year to area agencies on aging. Each area agency on aging shall use the funds for training, supervision and legal back-up services for benefit specialists within its area.

AB64-ASA1,757 Section 757 . 46.85 (3m) (a) of the statutes is amended to read:

AB64-ASA1,444,16 46.85 (3m) (a) From the appropriation under s. 20.435 (7) (1) (dh), the department shall provide a state supplement to federally funded Senior Companion Program and Retired Senior Volunteer Program units that were in operation on December 1, 1988, and administered by qualified public and non-profit private agencies.

AB64-ASA1,758 Section 758 . 46.85 (3m) (b) (intro.) of the statutes is amended to read:

AB64-ASA1,444,22 46.85 (3m) (b) (intro.) From the appropriation under s. 20.435 (7) (1) (dh), the department shall allocate funds, based on the percentage of the state's population of low-income persons over age 60 who reside in each county or are members of an American Indian tribe, and distribute the funds to counties and federally recognized tribal governing bodies to supplement any of the following:

AB64-ASA1,759 Section 759 . 46.856 (2) (intro.) of the statutes is amended to read:

AB64-ASA1,445,3 46.856 (2) (intro.) From the appropriation under s. 20.435 (7) (1) (bg), the department shall award a grant to at least one public agency or private nonprofit organization to do all of the following:

AB64-ASA1,760 Section 760 . 46.90 (5m) (a) of the statutes is amended to read:

AB64-ASA1,445,16 46.90 (5m) (a) Upon responding to a report, the elder-adult-at-risk agency or the investigative agency shall determine whether the elder adult at risk or any other individual involved in the alleged abuse, financial exploitation, neglect, or self-neglect is in need of services under this chapter or ch. 47, 49, 51, 54, or 55. From the appropriation under s. 20.435 (7) (1) (dh), the department shall allocate to selected counties not less than $25,000 in each fiscal year, and within the limits of these funds and of available state and federal funds and of county funds appropriated to match the state and federal funds, the elder-adult-at-risk agency shall provide the necessary direct services to the elder adult at risk or other individual or arrange for the provision of the direct services with other agencies or individuals. Those direct services provided shall be rendered under the least restrictive conditions necessary to achieve their objective.

AB64-ASA1,762 Section 762 . 46.96 (2) of the statutes is amended to read:

AB64-ASA1,445,20 46.96 (2) The department shall make grants from the appropriations under s. 20.435 (7) (c), (1) (cx) and (kc), and (7) (na) to independent living centers for nonresidential services to severely disabled individuals.

AB64-ASA1,763 Section 763 . 46.96 (2d) of the statutes is amended to read:

AB64-ASA1,445,24 46.96 (2d) The department shall make grants from the appropriations under s. 20.435 (1) (cx) and (7) (c) and (na) for the purposes for which the federal moneys are received, including for independent living services.

AB64-ASA1,764 Section 764 . 46.977 (2) (a) of the statutes is amended to read:

AB64-ASA1,446,5 46.977 (2) (a) From the appropriation under s. 20.435 (7) (1) (cg), the department may under this section, based on the criteria under par. (c), award grants to applying organizations for the purpose of training and assisting guardians for individuals found incompetent under ch. 54. No grant may be paid unless the awardee provides matching funds equal to 10 percent of the amount of the award.

AB64-ASA1,765 Section 765 . 46.986 (2) (a) (intro.) of the statutes is amended to read:

AB64-ASA1,446,9 46.986 (2) (a) (intro.) From the appropriation account under s. 20.435 (7) (1) (br), the department shall contract for the administration of life-span respite care projects with an organization to which all of the following apply:

AB64-ASA1,766 Section 766 . 46.995 (2g) of the statutes is created to read:

AB64-ASA1,446,15 46.995 (2g) (a) The department may require a county to maintain a specified level of contribution for the disabled children's long-term support program. The department shall determine the amount of contribution that a county is required to maintain based on the historical county expenditures for the disabled children's long-term support program.

AB64-ASA1,446,21 (b) Beginning in the 2017-19 fiscal biennium and thereafter, counties shall cooperate with the department to determine an equitable funding methodology and county contribution mechanism for contribution for the disabled children's long-term support program under par. (a) and to ensure that county contributions determined by the department are expended for the disabled children's long-term support program in the counties.

AB64-ASA1,767 Section 767 . 46.995 (2r) of the statutes is created to read:

AB64-ASA1,446,24 46.995 (2r) The department may contract with a county or a group of counties to deliver disabled children's long-term support program services.

AB64-ASA1,768 Section 768 . 48.13 (3) of the statutes is amended to read:

AB64-ASA1,447,3 48.13 (3) Who has been the victim of abuse, as defined in s. 48.02 (1) (a), (b), (c), (d), (e), (f), or (b) to (g), including injury that is self-inflicted or inflicted by another;

AB64-ASA1,769 Section 769 . 48.13 (3m) of the statutes is amended to read:

AB64-ASA1,447,8 48.13 (3m) Who is at substantial risk of becoming the victim of abuse, as defined in s. 48.02 (1) (a), (b), (c), (d), (e), (f), or (b) to (g), including injury that is self-inflicted or inflicted by another, based on reliable and credible information that another child in the home has been the victim of such abuse;

AB64-ASA1,772 Section 772 . 48.563 (2) of the statutes is amended to read:

AB64-ASA1,447,13 48.563 (2) County allocation. For children and family services under s. 48.569 (1) (d), the department shall distribute not more than $68,264,800 $70,211,100 in fiscal year 2015-16 2017-18 and $68,327,900 $74,308,000 in fiscal year 2016-17 2018-19.

AB64-ASA1,773 Section 773 . 48.57 (3m) (am) (intro.) of the statutes is amended to read:

AB64-ASA1,447,23 48.57 (3m) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md), (me), and (s), the department shall reimburse counties having populations of less than 750,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 750,000 or more. Subject to par. (ap), a county department and, in a county having a population of 750,000 or more, the department shall make payments in the amount of $226 $238 per month beginning on January 1, 2014 2018, and $232 $244 per month beginning on January 1, 2015 2019, to a kinship care relative who is providing care and maintenance for a child if all of the following conditions are met:

AB64-ASA1,774 Section 774 . 48.57 (3n) (am) (intro.) of the statutes is amended to read:

AB64-ASA1,448,10 48.57 (3n) (am) (intro.) From the appropriations under s. 20.437 (2) (dz), (md), (me), and (s), the department shall reimburse counties having populations of less than 750,000 for payments made under this subsection and shall make payments under this subsection in a county having a population of 750,000 or more. Subject to par. (ap), a county department and, in a county having a population of 750,000 or more, the department shall make monthly payments for each child in the amount of $226 $238 per month beginning on January 1, 2014 2018, and $232 $244 per month beginning on January 1, 2015 2019, to a long-term kinship care relative who is providing care and maintenance for that child if all of the following conditions are met:

AB64-ASA1,775 Section 775 . 48.62 (4) of the statutes is amended to read:

AB64-ASA1,449,7 48.62 (4) Monthly payments in foster care shall be provided according to the rates specified in this subsection. Beginning on January 1, 2014 2018, the rates are $226 $238 for care and maintenance provided for a child of any age by a foster home that is certified to provide level one care, as defined in the rules promulgated under sub. (8) (a) and, for care and maintenance provided by a foster home that is certified to provide care at a level of care that is higher than level one care, $375 $394 for a child under 5 years of age; $410 $431 for a child 5 to 11 years of age; $466 $490 for a child 12 to 14 years of age; and $487 $511 for a child 15 years of age or over. Beginning on January 1, 2015 2019, the rates are $232 $244 for care and maintenance provided for a child of any age by a foster home that is certified to provide level one care, as defined in the rules promulgated under sub. (8) (a) and, for care and maintenance provided by a foster home that is certified to provide care at a level of care that is higher than level one care, $384 $404 for a child under 5 years of age; $420 $442 for a child 5 to 11 years of age; $478 $502 for a child 12 to 14 years of age; and $499 $524 for a child 15 years of age or over. In addition to these grants for basic maintenance, the department, county department, or licensed child welfare agency shall make supplemental payments for foster care to a foster home that is receiving an age-related rate under this subsection that are commensurate with the level of care that the foster home is certified to provide and the needs of the child who is placed in the foster home according to the rules promulgated by the department under sub. (8) (c).

AB64-ASA1,776 Section 776 . 48.65 (1) of the statutes is amended to read:

AB64-ASA1,449,16 48.65 (1) No person may for compensation provide care and supervision for 4 or more children under the age of 7 for less than 24 hours a day unless that person obtains a license to operate a child care center from the department. To obtain a license under this subsection to operate a child care center, a person must meet the minimum requirements for a license established by the department under s. 48.67, meet the requirements specified in s. 48.685 48.686, and pay the license fee under sub. (3). A license issued under this subsection is valid until revoked or suspended, but shall be reviewed every 2 years as provided in s. 48.66 (5).

AB64-ASA1,777 Section 777 . 48.651 (1) (intro.) of the statutes is amended to read:

AB64-ASA1,450,5 48.651 (1) (intro.) Except as provided in s. 49.155 (4) (c), no person, other than a child care center licensed under s. 48.65 or established or contracted for under s. 120.13 (14), may receive payment for providing child care services for an individual who is determined eligible for a child care subsidy under s. 49.155 unless the person is certified, according to the standards adopted by the department under s. 49.155 sub. (1d), by the department in a county having a population of 750,000 or more, a county department, or an agency with which the department contracts under sub. (2). To be certified under this section, a person must meet the minimum requirements for certification established by the department under s. 49.155 sub. (1d), meet the requirements specified in s. 48.685 48.686, and pay the fee specified in sub. (2). The department in a county having a population of 750,000 or more, a county department, or an agency contracted with under sub. (2) shall certify the following categories of child care providers:

AB64-ASA1,778 Section 778 . 48.651 (1) (a) of the statutes is amended to read:

AB64-ASA1,450,10 48.651 (1) (a) Level I certified family child care providers, as established by the department under s. 49.155 sub. (1d). No provider may be certified under this paragraph if the provider is a relative of all of the children for whom the provider provides care.

AB64-ASA1,779 Section 779 . 48.651 (1) (b) of the statutes is amended to read:

AB64-ASA1,450,13 48.651 (1) (b) Level II certified family child care providers, as established by the department under s. 49.155 sub. (1d).

AB64-ASA1,780 Section 780 . 48.651 (1d) (b) of the statutes is created to read: