SECTION 14. 51.421 (3) (e) of the statutes is amended to read:
51.421 (3) (e) Distribute, from From the appropriation appropriation accounts under s. 20.435 (4) (w) and (o) and (7) (bL), distribute moneys in each fiscal year for community support program services.
SECTION 15. 59.53 (24) of the statutes is created to read:
59.53 (24) COUNTY PAYMENTS MADE UNDER MEDICAL ASSISTANCE. The board shall, upon demand by the department of health and family services, authorize payment to that department not to exceed any of the following:
(a) Home and community based services. For services provided under ss. 46.275 and 46.278 beginning in 2001 and thereafter, any payment made under s. 20.435 (4) (hm), and the portion of the payment made under s. 20.435 (4) (o) for Medical Assistance Program benefits administered under ss. 46.275 and 46.278 that is related to any rates increased for services under s. 46.275 or 46.278 beginning in 2001.
(b) Alcohol and other drug and mental health prevention and treatment services. For alcohol and other drug and mental health prevention and treatment services provided under s. 49.46 (2) (a) 1., 2., and 4. d. and e. and (b) 6. b., c., d., f., fm., j., k., L., and m., 9., 12., 12m., 13., 15., and 16. beginning in 2003 and thereafter, any payment made under s. 20.435 (4) (hm), and the portion of the payment made under s. 20.435 (4) (o) as Medical Assistance Program benefits for the services that is related to any rates increased for these services beginning in 2003.
SECTION 16. 115.882 of the statutes is amended to read:
115.882 Payment of state aid. Funds appropriated under s. 20.255 (2) (b) shall be used first for the purpose of s. 115.88 (4). Costs eligible for reimbursement from the appropriation under s. 20.255 (2) (b) under ss. 115.88 (1m) to (3), (6) and (8), 115.93, and 118.255 (4) shall be reimbursed at a rate set to distribute the full amount appropriated for reimbursement for the costs, less the amount paid by the department of health and family services under s. 20.435 (4) (hm) and (o) under s. 49.45 (39) (b) 1m., not to exceed 100%.
(End)
LRB-0195LRB-0195/2
GMM:jld:rs
2003 - 2004 LEGISLATURE
DOA:......Blaine - BB0034 Medical Assistance administrative funds claiming
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Other health and human services
Under current law, DHFS contracts for activities to augment the amount of moneys received under Title XIX of the federal Social Security Act (generally referred to as Medical Assistance or MA). Current law requires DHFS to use the moneys received as a result of those income augmentation activities to support costs that are exclusively related to the operational costs of those activities and permits DHFS to use those moneys for other purposes if the secretary of administration and JCF, under a 14-day passive review process, approve a plan submitted by DHFS for the proposed use of those moneys. This bill requires DHFS to distribute not less than 50% of the federal MA moneys received as a result of those income augmentation activities to counties that are participating in those activities for social, mental health, developmental disabilities, and alcohol and other drug abuse services.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 46.46 (1) of the statutes is amended to read:
46.46 (1) From the appropriation account under s. 20.435 (8) (mb), the department shall support costs that are exclusively related to the operational costs of augmenting the amount of moneys received under 42 USC 670 to 679a, 42 USC 1395 to 1395ddd, and 42 USC 1396 to 1396v and shall distribute moneys to counties as provided in sub. (1g). In addition, the department may expend moneys from the appropriation account under s. 20.435 (8) (mb) as provided in sub. subs. (1m) and (2).
SECTION 2. 46.46 (1g) of the statutes is created to read:
46.46 (1g) The department shall distribute not less than 50% of the moneys received under 42 USC 1396 to 1396v as a result of the augmentation activities specified in sub. (1) and credited to the appropriation account under s. 20.435 (8) (mb) to counties that are participating in those activities for community social, mental health, developmental disabilities, and alcohol and other drug abuse services under s. 46.40. The department may distribute any moneys received under 42 USC 1396 to 1396v as a result of the augmentation activities specified in sub. (1) and credited to the appropriation account under s. 20.435 (8) (mb) that are not distributed under this subsection to counties that are participating in those activities as provided in sub. (2).
SECTION 3. 46.46 (1m) of the statutes is amended to read:
46.46 (1m) In addition to expending moneys from the appropriation account under s. 20.435 (8) (mb) for the augmentation activities specified in sub. (1) the The department may expend moneys received under 42 USC 1396 to 1396v in reimbursement of the cost of providing targeted case management services to children whose care is not eligible for reimbursement under 42 USC 670 to 679a and credited to the appropriation account under s. 20.435 (8) (mb) to support the counties' share of implementing the statewide automated child welfare information system under s. 46.22 (1) (c) 8. f.
SECTION 4. 46.46 (2) of the statutes is amended to read:
46.46 (2) If the department proposes to use any moneys from the appropriation account under s. 20.435 (8) (mb) for any purpose other than the purpose purposes specified in sub. subs. (1), (1g), and (1m), the department shall submit a plan for the proposed use of those moneys to the secretary of administration by September 1 of the fiscal year after the fiscal year in which those moneys were received. If the secretary of administration approves the plan, he or she shall submit the plan to the joint committee on finance by October 1 of the fiscal year after the fiscal year in which those moneys were received. If the cochairpersons of the committee do not notify the secretary of administration within 14 working days after the date of submittal of the plan that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan. If within 14 working days after the date of the submittal by the secretary of administration the cochairpersons of the committee notify him or her that the committee has scheduled a meeting for the purpose of reviewing the plan, the department may implement the plan only with the approval of the committee.
(End)
LRB-0196LRB-0196/3
DAK:cjs&kjf:pg
2003 - 2004 LEGISLATURE
DOA:......Jablonsky - BB0035 Transfer of residents among centers for the developmentally disabled
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Mental illness and developmental disabilities
Under current law, DHFS or a county department of community programs or developmental disabilities services (county department) may transfer any patient or resident of a treatment facility under departmental or county supervision to another treatment facility or into the community if the transfer is consistent with reasonable medical and clinical judgment. However, such a DHFS transfer of a patient in a mental health institute or a resident in a center for the developmentally disabled is subject to approval of the appropriate county department to which the patient was committed or through which the patient was admitted. In addition, a county department may transfer a patient under the age of 22 years only to the Central Center for the Developmentally Disabled unless a transfer to the Northern Center for the Developmentally Disabled or the Southern Center for the Developmentally Disabled is authorized by DHFS.
This bill eliminates the requirement for county departmental approval of transfer by DHFS of residents in one state center for the developmentally disabled to another state center for the developmentally disabled or to the community.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 51.35 (1) (a) of the statutes is amended to read:
51.35 (1) (a) The Subject to pars. (b) and (d), the department or the county department under s. 51.42 or 51.437 may transfer any patient or resident who is committed to it, or who is admitted to a treatment facility under its supervision or operating under an agreement with it, between treatment facilities or from a treatment facility into the community if such the transfer is consistent with reasonable medical and clinical judgment and, consistent with s. 51.22 (5). The transfer shall be made, and, if the transfer results in a greater restriction of personal freedom for the patient or resident, in accordance with par. (e). Terms and conditions which that will benefit the patient or resident may be imposed as part of a transfer to a less restrictive treatment alternative. A patient or resident who is committed to the department or a county department under s. 51.42 or 51.437 may be required to take medications and receive treatment, subject to the right of the patient or resident to refuse medication and treatment under s. 51.61 (1) (g) and (h), through a community support program as a term or condition of a transfer. The patient or resident shall be informed at the time of transfer of the consequences of violating such the terms and conditions of the transfer, including possible transfer back to a facility which treatment facility that imposes a greater restriction on personal freedom of the patient or resident.
SECTION 2. 51.35 (1) (b) of the statutes is amended to read:
51.35 (1) (b) In addition to the requirements in par. (a), a Except as provided in pars. (c) and (d), a transfer of a patient in a mental health institute or center for the developmentally disabled by the department is subject to the approval of the appropriate county department under ss. 51.42 and 51.437 to which the patient was committed or through which the patient was admitted to the facility, if any mental health institute.
SECTION 3. 51.35 (1) (c) of the statutes is amended to read:
51.35 (1) (c) The department may, without approval of and without first notifying the county department under s. 51.42 or 51.437 and notwithstanding par. (d) 3., transfer any patient from a treatment facility to another treatment facility when the condition of the patient requires such transfer without delay. The department shall notify the appropriate county department under s. 51.42 or 51.437 that the transfer has been made. Any patient so transferred may be returned to the treatment facility from which the transfer was made, upon orders from the department or the county department under s. 51.42 or 51.437, when such the return would be in the best interests of the patient.
SECTION 4. 51.35 (1) (d) of the statutes is amended to read:
51.35 (1) (d) 1. The Subject to subds. 2. and 3., the department may, without approval of the appropriate county department under s. 51.42 or 51.437, transfer any patient from a state treatment facility or other inpatient facility to an approved treatment facility which is less restrictive of the patient's personal freedom.
2. Transfer under this subsection paragraph may be made only if the transfer is consistent with the requirements of par. (a), and the department finds that the appropriate county department under s. 51.42 or 51.437 is unable to locate an approved treatment facility in the community, or that such the county department has acted in an arbitrary or capricious manner to prevent the transfer of the patient out of the state treatment facility or other inpatient facility contrary to medical and clinical judgment.
3. A transfer of a patient, made under authority of this subsection paragraph, may be made only after the department has notified the county department under s. 51.42 or 51.437 of its intent to transfer a patient in accordance with this subsection. The patient's guardian, if any, or if a minor his or her parent or person in the place of a parent shall be notified.
(End)
LRB-0200LRB-0200/1
DAK:cjs:rs
2003 - 2004 LEGISLATURE
DOA:......Blaine - BB0039, Hospital diversion program for severely emotionally disabled children
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the use of hospital diversion funds for severely emotionally disturbed children.
Analysis by the Legislative Reference Bureau
health and human services
Mental illness and developmental disabilities
Currently, DHFS may distribute to applying counties not more than $1,330,500 in each fiscal year for inpatient and community mental health care and treatment for children with severe emotional disturbances. These moneys are available as cost savings achieved by reducing the need to hospitalize children for their mental health needs and are a combination of state general purpose revenues that are transferred from the Medical Assistance program (MA) and federal funds. Funds that a county does not encumber before 24 months after June 30 of the fiscal year in which DHFS distributes them lapse to the MA appropriation account. The amount that DHFS distributes to an individual county is limited to the estimated state share of MA payments for inpatient mental health care and treatment for children with severe emotional disturbances in that county. A county applying for the funds must meet several requirements, including planning to enroll children served under the program in a limited service health organization that covers both inpatient and outpatient expenses.
This bill permits a county that is applying for inpatient and community mental health care and treatment funding for children with severe emotional disturbances to use service coordination provided by the county to meet an application requirement for the funds. ("Service coordination" is a case management service that coordinates multiple service providers who are serving a particular child with severe disabilities and the child's family.) The bill removes the limitation on the amount of funds that DHFS may distribute to an individual county. Lastly, the bill changes requirements for lapsing unencumbered funds to require that funds that are transferred from the MA appropriation account and not distributed by DHFS to counties lapse after 24 months after June 30 of the fiscal year in which DHFS allocated the funds. Counties may at any time expend funds that are transferred to them.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 46.485 (2g) (b) (intro.) of the statutes is created to read:
46.485 (2g) (b) (intro.) Any of the following applies to the county:
SECTION 2. 46.485 (2g) (b) of the statutes is renumbered 46.485 (2g) (b) 1.
SECTION 3. 46.485 (2g) (b) 2. of the statutes is created to read:
46.485 (2g) (b) 2. The county provides service coordination, as defined in s. 46.56 (1) (L), on behalf of a child with a serious emotional disturbance and the child's family in the county.
SECTION 4. 46.485 (3g) of the statutes is amended to read:
46.485 (3g) The amount that the department may transfer under sub. (2g) for a county counties may not exceed the estimated state share of payments under s. 49.45, 49.46 or 49.47 for mental health care and treatment that is provided in inpatient facilities for children with a severe emotional disturbance who reside in the county severe emotional disturbances.
SECTION 5. 46.485 (3r) of the statutes is amended to read:
46.485 (3r) Funds that a county does not encumber from the appropriation under s. 20.435 (7) (kb) that the department does not distribute to a county before 24 months after June 30 of the fiscal year in which the department allocated the funds were distributed to the county under sub. (2g) lapse to the appropriation under s. 20.435 (4) (b). A county may at any time expend funds that the department distributes to the county, consistent with the requirements under sub. (3m).
(End)
LRB-0201LRB-0201/3
DAK:kjf&jld:jf
2003 - 2004 LEGISLATURE
DOA:.....Jablonsky - BB0040 Mental health and AODA redesign funding
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: funding for mental health and alcohol or other drug abuse managed care demonstration projects and making an appropriation.
Analysis by the Legislative Reference Bureau
health and human services
Mental illness and developmental disabilities
This bill provides, from program revenues received by DHFS from certification fees that are assessed to facilities for the treatment of mental illness and alcohol and other drug abuse, funding in fiscal years 2003-04 and 2004-05 for mental health and alcohol or other drug abuse managed care demonstration projects in up to six counties.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (6) (jm) of the statutes is amended to read:
20.435 (6) (jm) Licensing and support services. The amounts in the schedule for the purposes specified in ss. 48.685 (2) (am) and (b) 1., (3) (a) and (b) and (5) (a), 49.45 (47), 50.02 (2), 50.025, 50.065 (2) (am) and (b) 1., (3) (a) and (b) and (5), 50.13, 50.135, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57 and 50.981 and subch. IV of ch. 50 and to conduct health facilities plan and rule development activities, for accrediting nursing homes, convalescent homes and homes for the aged, to conduct capital construction and remodeling plan reviews under ss. 50.02 (2) (b) and 50.36 (2), for the demonstration projects under 2003 Wisconsin Act .... (this act), section 9124 (1) (a), and for the costs of inspecting, licensing or certifying and approving facilities, issuing permits and providing technical assistance that are not specified under any other paragraph in this subsection. All moneys received under ss. 48.685 (8), 49.45 (47) (c), 50.02 (2), 50.025, 50.065 (8), 50.13, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.93 (1) (c) and 50.981, all moneys received from fees for the costs of inspecting, licensing or certifying and approving facilities, issuing permits and providing technical assistance that are not specified under any other paragraph in this subsection, and all moneys received under s. 50.135 (2), less the amounts credited to the appropriation account under sub. (4) (gm), and all moneys received from forfeiture surcharges under 50.04 (5) (bm) shall be credited to this appropriation account.
****NOTE: This is reconciled s. 20.435 (6) (jm). This SECTION has been affected by drafts with the following LRB numbers: LRB-0201/2 and LRB-0203/2.
SECTION 2. 20.435 (6) (jm) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:
20.435 (6) (jm) Licensing and support services. The amounts in the schedule for the purposes specified in ss. 48.685 (2) (am) and (b) 1., (3) (a) and (b) and (5) (a), 49.45 (47), 50.02 (2), 50.025, 50.065 (2) (am) and (b) 1., (3) (a) and (b) and (5), 50.13, 50.135, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57 and 50.981 and subch. IV of ch. 50 and to conduct health facilities plan and rule development activities, for accrediting nursing homes, convalescent homes and homes for the aged, to conduct capital construction and remodeling plan reviews under ss. 50.02 (2) (b) and 50.36 (2), for the demonstration projects under 2003 Wisconsin Act .... (this act), section 9124 (1) (a), and for the costs of inspecting, licensing or certifying and approving facilities, issuing permits and providing technical assistance that are not specified under any other paragraph in this subsection. All moneys received under ss. 48.685 (8), 49.45 (47) (c), 50.02 (2), 50.025, 50.065 (8), 50.13, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.93 (1) (c) and 50.981, all moneys received from fees for the costs of inspecting, licensing or certifying and approving facilities, issuing permits and providing technical assistance that are not specified under any other paragraph in this subsection, and all moneys received under s. 50.135 (2), less the amounts credited to the appropriation account under sub. (4) (gm), and all moneys received from forfeiture surcharges under 50.04 (5) (bm) shall be credited to this appropriation account.
****NOTE: This is reconciled s. 20.435 (6) (jm). This SECTION has been affected by drafts with the following LRB numbers: LRB-0201/2 and LRB-0203/2.
