SECTION 11. 49.45 (6m) (am) 1. e. of the statutes is repealed.
SECTION 12. 49.45 (6m) (am) 3. (intro.) of the statutes is renumbered 49.45 (6m) (am) 2. c. and amended to read:
49.45 (6m) (am) 2. c. Allowable fuel and utility costs, including the facility expenses that the department determines are allowable for the provision of: electrical service, water and sewer services, and heat.
SECTION 13. 49.45 (6m) (am) 3. a. of the statutes is repealed.
SECTION 14. 49.45 (6m) (am) 3. b. of the statutes is repealed.
SECTION 15. 49.45 (6m) (am) 3. c. of the statutes is repealed.
SECTION 16. 49.45 (6m) (am) 4. of the statutes is amended to read:
49.45 (6m) (am) 4. Net property Property tax or allowable municipal service costs incurred paid by the owner of the facility for the facility.
SECTION 17. 49.45 (6m) (am) 5. of the statutes is renumbered 49.45 (6m) (am) 2. d.
SECTION 18. 49.45 (6m) (ar) 1. a. of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:
49.45 (6m) (ar) 1. a. The department shall establish standards for payment of allowable direct care costs under par. (am) 1. bm., for facilities that do not primarily serve the developmentally disabled, that take into account direct care costs for a sample of all of those facilities in this state and separate standards for payment of allowable direct care costs, for facilities that primarily serve the developmentally disabled, that take into account direct care costs for a sample of all of those facilities in this state. The standards shall be adjusted by the department for regional labor cost variations.
****NOTE: This is reconciled s. 49.45 (6m) (ar) 1. a. This SECTION has been affected by drafts with the following LRB numbers: LRB-0210/3 and LRB-1252/2.
SECTION 19. 49.45 (6m) (ar) 2. (intro.) and 2. a. of the statutes are consolidated, renumbered 49.45 (6m) (ar) 2. and amended to read:
49.45 (6m) (ar) 2. For support service costs: 2. a. The , the department shall establish one or more standards for the payment of support service costs that take into account support service costs for a sample of all facilities within the state.
SECTION 20. 49.45 (6m) (ar) 2. b. of the statutes is repealed.
SECTION 21. 49.45 (6m) (ar) 2. d. of the statutes is repealed.
SECTION 22. 49.45 (6m) (ar) 3. of the statutes is repealed.
SECTION 23. 49.45 (6m) (ar) 5. of the statutes is repealed.
SECTION 24. 49.45 (6m) (av) 1. of the statutes is renumbered 49.45 (6m) (av) and amended to read:
49.45 (6m) (av) The department shall calculate a payment rate for a facility by applying the criteria set forth under pars. (ag) 1. to 5. and 7., (am) 1. to 5. bm., 4., 5m. and 6., and (ar) 1. to 5. , 4., and 6. to information from cost reports submitted by the facility, as affected by any adjustment for ancillary services and materials under par. (b).
SECTION 25. 49.45 (6m) (av) 2. of the statutes is repealed.
SECTION 26. 49.45 (6m) (av) 3. of the statutes is repealed.
SECTION 27. 49.45 (6m) (av) 4. of the statutes is repealed.
SECTION 28. 49.45 (6m) (av) 5. of the statutes is repealed.
SECTION 29. 49.45 (6m) (av) 5m. of the statutes is repealed.
SECTION 30. 49.45 (6m) (av) 6. of the statutes is repealed.
SECTION 31. 49.45 (6m) (bc) of the statutes is repealed.
SECTION 9424. Effective dates; health and family services.
(1) NURSING HOME PAYMENT FORMULA. The treatment of section 49.45 (6m) (ag) 2. and 3m. (by SECTION 4), (am) 1. a., b., bm., d., and e., 3. (intro.), a., b., and c., and 5., (ar) 1. a. (by SECTION 18), 2. (intro.), a., b., and d., 3., and 5., (av) 1., 2., 3., 4., 5., 5m., and 6., and (bc) of the statutes and the amendment of section 49.45 (6m) (ag) 3r. of the statutes take effect on July 1, 2004.
(End)
LRB-0211LRB-0211/5
DAK:jld:pg
2003 - 2004 LEGISLATURE
DOA:......Jablonsky - BB0050 Intensive treatment beds at centers for developmentally disabled
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: extended intensive treatment services at the state centers for the developmentally disabled and making an appropriation.
Analysis by the Legislative Reference Bureau
health and human services
Mental illness and developmental disabilities
Under current law, the state centers for the developmentally disabled may provide, among other services, intensive treatment services for up to 50 individuals with developmental disabilities who are also diagnosed as mentally ill or who exhibit extremely aggressive and challenging behaviors.
This bill removes the limit on the number of individuals who may be provided intensive treatment services at the state centers for the developmentally disabled. However, the bill conditions receipt of those services on a determination by DHFS that a licensed bed and necessary resources are available and on an agreement between DHFS and the individual's county of residence concerning a maximum discharge date for the individual. The bill also authorizes DHFS to impose on counties that pay for these services a progressive surcharge of an additional 10% of the amount paid under Medical Assistance (MA) for the intensive treatment services, for any part of the six-month period that an individual receives the services beyond the discharge date agreed upon by DHFS and the individual's county of residence. For each subsequent six-month period during any part of which the individual receives the services, the surcharge is increased by an additional 10%. From the moneys received under this surcharge, DHFS may provide payment to counties for one-time costs associated with relocating individuals into communities from state centers for the developmentally disabled under waiver of laws of the federal MA program (commonly known as "Medicaid").
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 (2) (gL) of the statutes is created to read:
20.435 (2) (gL) Extended intensive treatment surcharge. All moneys received as payments of the surcharge for extended intensive treatment under s. 51.06 (5), for one-time payment of relocation costs for individuals under s. 46.275 (5) (e).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 46.275 (5) (e) of the statutes is created to read:
46.275 (5) (e) From the appropriation under s. 20.435 (2) (gL), the department may provide moneys to a county to pay for one-time costs associated with the relocation under this section of an individual from a state center for the developmentally disabled.
SECTION 3. 51.06 (1m) (d) of the statutes is amended to read:
51.06 (1m) (d) Services for up to 50 individuals with developmental disability who are also diagnosed as mentally ill or who exhibit extremely aggressive and challenging behaviors.
SECTION 4. 51.06 (3) of the statutes is renumbered 51.06 (3) (a) and amended to read:
51.06 (3) (a) Individuals Subject to par. (b), individuals under the age of 22 years shall be placed only at the central center for the developmentally disabled unless the department authorizes the placement of the individual at the northern or southern center for the developmentally disabled.
SECTION 5. 51.06 (3) (b) of the statutes is created to read:
51.06 (3) (b) An individual may be placed at a center for the developmentally disabled for services under sub. (1m) (d) only after all of the following conditions are met:
1. The department determines that a licensed bed and other necessary resources are available to provide services to the individual.
2. The department and the county of residence of the individual agree on a maximum discharge date for the individual.
SECTION 6. 51.06 (5) of the statutes is created to read:
51.06 (5) SURCHARGE FOR EXTENDED INTENSIVE TREATMENT. The department may impose on a county a progressive surcharge for services under sub. (1m) (d) that an individual receives after the maximum discharge date for the individual that was agreed upon under sub. (3) (b) 2. The surcharge is 10% of the amount paid for the individual's services under s. 49.45 during any part of the first 6-month period following the maximum discharge date, and increases by 10% of the amount paid for the individual's services under s. 49.45 during any part of each 6-month period thereafter. Any revenues received under this subsection shall be credited to the appropriation account under s. 20.435 (2) (gL).
SECTION 7. 51.20 (13) (c) (intro.) of the statutes is amended to read:
51.20 (13) (c) (intro.) If disposition is made under par. (a) 3., all of the following apply:
SECTION 8. 51.20 (13) (c) 1. of the statutes is amended to read:
51.20 (13) (c) 1. The court shall designate the facility or service which that is to receive the subject individual into the mental health system, except that, if the subject individual is under the age of 22 years and the facility is a center for the developmentally disabled, the court shall designate only the central center for the developmentally disabled unless the department authorizes designation of the northern or southern center for the developmentally disabled; subject to s. 51.06 (3).
SECTION 9. 51.20 (13) (c) 2. of the statutes is amended to read:
51.20 (13) (c) 2. The county department under s. 51.42 or 51.437 shall arrange for treatment in the least restrictive manner consistent with the requirements of the subject individual in accordance with a court order designating the maximum level of inpatient facility, if any, which that may be used for treatment, except that, if the subject individual is under the age of 22 years and the facility is a center for the developmentally disabled, designation shall be only to the central center for the developmentally disabled unless the department authorizes the placement of the individual at the northern or southern center for the developmentally disabled; and subject to s. 51.06 (3).
SECTION 10. 51.20 (13) (f) of the statutes is amended to read:
51.20 (13) (f) The county department under s. 51.42 or 51.437 which that receives an individual who is committed by a court under par. (a) 3. is authorized to place such the individual in an approved treatment facility, subject to any limitations which are specified by the court under par. (c) 2. The county department shall place the subject individual in the treatment program and treatment facility which that is least restrictive of the individual's personal liberty, consistent with the treatment requirements of the individual. The county department shall have has ongoing responsibility to review the individual's needs, in accordance with sub. (17), and to transfer the person to the least restrictive program consistent with the individual's needs. If the subject individual is under the age of 22 years and if the facility appropriate for placement or transfer is a center for the developmentally disabled, placement or transfer of the individual shall be made only to the central center for the developmentally disabled unless the department authorizes the placement or transfer to the northern or southern center for the developmentally disabled Placement or transfer under this paragraph is subject to s. 51.06 (3).
SECTION 11. 51.35 (1) (bm) of the statutes is amended to read:
51.35 (1) (bm) Notwithstanding par. (b), transfer Transfer of a patient under the age of 22 years resident by a county department to a center for the developmentally disabled may be made only to the central center for the developmentally disabled unless the department authorizes the transfer of the patient to the northern or southern center for the developmentally disabled is subject to s. 51.06 (3).
****NOTE: This is reconciled s. 51.35 (1) (bm). This SECTION has been affected by drafts with the following LRB numbers: LRB-0211/4 and LRB-0196/2.
SECTION 12. 51.437 (4rm) (c) 2m. of the statutes is amended to read:
51.437 (4rm) (c) 2m. Bill the county department of developmental disabilities services for services that are not provided by the federal government and that are provided under s. 51.06 (1m) (d) to individuals who are eligible for medical assistance that are not provided by the federal government, plus any applicable surcharge under s. 51.06 (5), using the procedure established under subd. 1.
SECTION 13. 51.67 (intro.) of the statutes is amended to read:
51.67 Alternate procedure; protective services. (intro.) If, after a hearing under s. 51.13 (4) or 51.20, the court finds that commitment under this chapter is not warranted and that the subject individual is a fit subject for guardianship and protective placement or services, the court may, without further notice, appoint a temporary guardian for the subject individual and order temporary protective placement or services under ch. 55 for a period not to exceed 30 days. If the court orders temporary Temporary protective placement for an individual under the age of 22 years in a center for the developmentally disabled, this placement may be made only at the central center for the developmentally disabled unless the department authorizes the placement or transfer to the northern or southern center for the developmentally disabled is subject to s. 51.06 (3). Any interested party may then file a petition for permanent guardianship or protective placement or services, including medication, under ch. 55. If the individual is in a treatment facility, the individual may remain in the facility during the period of temporary protective placement if no other appropriate facility is available. The court may order psychotropic medication as a temporary protective service under this section if it finds that there is probable cause to believe the individual is not competent to refuse psychotropic medication and that the medication ordered will have therapeutic value and will not unreasonably impair the ability of the individual to prepare for and participate in subsequent legal proceedings. An individual is not competent to refuse psychotropic medication if, because of chronic mental illness, and after the advantages and disadvantages of and alternatives to accepting the particular psychotropic medication have been explained to the individual, one of the following is true:
SECTION 9324. Initial applicability; health and family services.
(1) EXTENDED INTENSIVE TREATMENT SURCHARGE. The treatment of sections 20.435 (2) (gL), 46.275 (5) (e), 51.06 (1m) (d) and (5), 51.20 (13) (c) (intro.), 1., and 2. and (f), 51.35 (1) (bm), 51.437 (4rm) (c) 2m., and 51.67 (intro.) of the statutes, the renumbering of section 51.06 (3) of the statutes, and the creation of section 51.06 (3) (b) of the statutes first apply to services under section 51.06 (1m) (d) of the statutes that are provided on the effective date of this subsection.
(End)
LRB-0229LRB-0229/2
PJK:kmg:rs
2003 - 2004 LEGISLATURE
DOA:......Fath - BB0298, Tax intercept of repayments of job access loans
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
Wisconsin Works
Under current law, overpayments of food stamp benefits and various benefits under Wisconsin Works (W-2) may be recovered as a setoff against any income tax refund owed to the person who received the overpayment. DWD certifies the amount of the overpayment to DOR. Before the certification, the person who received the overpayment receives notice that the overpayment amount will be certified and set off against any tax refund to which he or she may be entitled. The person may request a hearing to appeal the overpayment determination.
Also under current law, DWD makes job access loans, which must be repaid, to persons who are eligible for W-2 and who need such loans to obtain or continue employment. This bill authorizes DWD to certify delinquent job access loan repayments to DOR for setoff against any income tax refund owed to the person who received the loan. The same notice and hearing rights that apply under current law to certification of benefits overpayments apply to certification of delinquent job access loan repayments. Delinquent repayment amounts collected by DOR and paid to DWD must be used to make more job access loans.
For further information see the state 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. 20.445 (3) (jL) of the statutes is amended to read:
20.445 (3) (jL) Job access loan repayments. All moneys received from repayments of loans made under s. 49.147 (6), and from the department of revenue under s. 71.93 for delinquent job access loan repayments certified under s. 49.85, for the purpose of making loans under s. 49.147 (6).
****NOTE: This is reconciled s. 20.445 (3) (jL). This section has been affected by LRB-0229 and LRB-1256.
SECTION 2. 49.147 (6) (cm) of the statutes is created to read:
49.147 (6) (cm) Collection of delinquent repayments. 1. The department of workforce development may, in the manner provided in s. 49.85, collect job access loan repayments that are delinquent under the terms of a repayment agreement. The department of workforce development shall credit all delinquent repayments collected by the department of revenue as a setoff under s. 71.93 to the appropriation account under s. 20.445 (3) (jL). Use of the process under s. 49.85 does not preclude the department of workforce development from collecting delinquent repayments through other legal means.
2. Subdivision 1. applies to delinquent repayments existing on or after the effective date of this subdivision .... [revisor inserts date], regardless of when the loan was made or when the delinquency accrued.
