46.286 (1) (a) 2. b. Home and community-based waiver programs under 42 USC 1396n (c), including community integration program Community Integration Program under s. 46.275, 46.277, or 46.278 and the Community Opportunities and Recovery Program under s. 46.2785.
SECTION 7. 46.985 (2) (a) 4. of the statutes is amended to read:
46.985 (2) (a) 4. Procedures for coordinating the family support program and the use of its funds, throughout this state and in each service area, with other publicly funded programs including the community options program under s. 46.27; the community integration program Community Integration Program under ss. 46.275, 46.277, and 46.278; the Community Opportunity and Recovery Program under s. 46.2785; the social services, mental health, and developmental disabilities programs under ss. 46.495, 51.42, and 51.437; the independent living center program under s. 46.96; and the medical assistance Medical Assistance program under subch. IV of ch. 49.
SECTION 8. 49.46 (1) (a) 14. of the statutes is amended to read:
49.46 (1) (a) 14. Any person who would meet the financial and other eligibility requirements for home or community-based services under s. 46.27 (11) or, 46.277, or 46.2785 but for the fact that the person engages in substantial gainful activity under 42 USC 1382c (a) (3), if a waiver under s. 49.45 (38) is in effect or federal law permits federal financial participation for medical assistance coverage of the person and if funding is available for the person under s. 46.27 (11) or, 46.277, or 46.2785.
SECTION 9. 49.46 (2) (b) 8. of the statutes is amended to read:
49.46 (2) (b) 8. Home or community-based services, if provided under s. 46.27 (11), 46.275, 46.277 or, 46.278, or 46.2785, under the family care benefit if a waiver is in effect under s. 46.281 (1) (c), or under a waiver requested under 2001 Wisconsin Act 16, section 9123 (16rs), or 2003 Wisconsin Act 33, section 9124 (8c).
SECTION 10. 49.47 (4) (as) 1. of the statutes is amended to read:
49.47 (4) (as) 1. The person would meet the financial and other eligibility requirements for home or community-based services under s. 46.27 (11) or, 46.277, or 46.2785 or under the family care benefit if a waiver is in effect under s. 46.281 (1) (c) but for the fact that the person engages in substantial gainful activity under 42 USC 1382c (a) (3).
SECTION 11. 49.47 (4) (as) 3. of the statutes is amended to read:
49.47 (4) (as) 3. Funding is available for the person under s. 46.27 (11) or, 46.277, or 46.2785 or under the family care benefit if a waiver is in effect under s. 46.281 (1) (c).
SECTION 12. 108.02 (13) (k) of the statutes is amended to read:
108.02 (13) (k) "Employer" does not include a county department or aging unit, or, under s. 46.2785, a private agency that serves as a fiscal agent or contracts with a fiscal intermediary to serve as a fiscal agent under s. 46.27 (5) (i) or 47.035 as to any individual performing services for a person receiving long-term support services under s. 46.27 (5) (b), 46.275, 46.277, 46.278, 46.2785, 46.286, 46.495, 51.42, or 51.437 or personal assistance services under s. 47.02 (6) (c).
(End)
LRB-0312LRB-0312/2
RLR:kjf:pg
2005 - 2006 LEGISLATURE
DOA:......Milioto, BB0052 - Family Care phase-in of entitlement for non-MA eligible persons
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: entitlement to the family care benefit.
Analysis by the Legislative Reference Bureau
health and human services
Other health and human services
Currently, DHFS administers Family Care, a program available in several counties that combines several sources of funding to provide a flexible long-term care benefit called the family care benefit. A person must be at least 18 years of age and have a physical disability, a developmental disability, or infirmities of aging to qualify for the family care benefit. In addition, a person must meet both functional and financial eligibility requirements. Currently, the family care benefit is an entitlement for persons who are eligible for the Medical Assistance (MA) program and meet the functional eligibility requirements because they are functionally eligible at the comprehensive or intermediate level or, under certain circumstances, because they were receiving long-term care benefits when the family care benefit was introduced. By January 1, 2006, DHFS must extend entitlement to persons who are not MA eligible but who are functionally eligible at the comprehensive level or are in need of protective services or protective placement and functionally eligible at the intermediate level, as well as to certain persons who are not MA eligible but are functionally eligible because they were receiving long-term care benefits when the Family Care program was introduced.
This bill delays until January 1, 2008, the requirement for making the family care benefit an entitlement for persons who are not eligible for MA.
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. 46.286 (3) (d) of the statutes is amended to read:
46.286 (3) (d) The department shall determine the date, which shall not be later than January 1, 2006 2008, on which par. (a) shall first apply to persons who are not eligible for medical assistance under ch. 49. Before the date determined by the department, persons who are not eligible for medical assistance may receive the family care benefit within the limits of state funds appropriated for this purpose and available federal funds.
(End)
LRB-0313LRB-0313/1
RLR:jld:rs
2005 - 2006 LEGISLATURE
DOA:......Milioto, BB0017 - Food Distribution Program Transfer
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: grants for food distribution programs.
Analysis by the Legislative Reference Bureau
health and human services
Other health and human services
This bill moves the appropriation to DHFS for food distribution grants from the Division of Children and Family Services to the Division of Public Health.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (3) (dn) of the statutes is renumbered 20.435 (5) (dn).
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 46.75 (2) (a) of the statutes is amended to read:
46.75 (2) (a) From the appropriation under s. 20.435 (3) (5) (dn), the department shall award grants to agencies to operate food distribution programs that qualify for participation in the emergency food assistance program under P.L. 98-8, as amended.
SECTION 3. 46.77 of the statutes is amended to read:
46.77 Food distribution administration. From the appropriation under s. 20.435 (3) (5) (dn), the department shall allocate funds to eligible recipient agencies, as defined in the emergency food assistance act, P.L. 98-8, section 201A, as amended, for the storage, transportation and distribution of commodities provided under the hunger prevention act of 1988, P.L. 100-435, as amended.
(End)
LRB-0314LRB-0314/1
RLR:jld:rs
2005 - 2006 LEGISLATURE
DOA:......Blaine, BB0012 - Senior Care 5% Rate Enhancement
For 2005-07 Budget -- Not Ready For Introduction
2005 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 reimburses pharmacists and pharmacies for prescription drugs purchased by persons enrolled in Senior Care, a prescription drug assistance program for low-income elderly persons. The reimbursement rate is equal to 105 percent of the prescription drug reimbursement rate under the Medical Assistance (MA) program, plus a dispensing fee, and minus a copayment paid by the Senior Care enrollee.
This bill reduces the reimbursement rate under Senior Care to 100 percent of the prescription drug reimbursement rate under MA, plus the dispensing fee, and minus the copayment.
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. 49.688 (1) (e) of the statutes is amended to read:
49.688 (1) (e) "Program payment rate" means the rate of payment made for the identical drug specified under s. 49.46 (2) (b) 6. h., plus 5%, plus a dispensing fee that is equal to the dispensing fee permitted to be charged for prescription drugs for which coverage is provided under s. 49.46 (2) (b) 6. h.
SECTION 9321. Initial applicability; health and family services.
(1) PRESCRIPTION DRUG ASSISTANCE REIMBURSEMENT RATE. The treatment of section 49.688 (1) (e) of the statutes first applies to reimbursement for prescription drugs purchased on October 1, 2005.
(End)
LRB-0315LRB-0315/2
RLR:wlj:ch
2005 - 2006 LEGISLATURE
DOA:......Jablonsky, BB0033 - Lead Registry
For 2005-07 Budget -- Not Ready For Introduction
2005 BILL
AN ACT ...; relating to: investigation and remediation of lead hazards.
Analysis by the Legislative Reference Bureau
health and human services
Health
Current law requires DHFS to implement a statewide lead poisoning or lead exposure prevention and treatment program. DHFS may designate local health departments as DHFS's agents for administering and enforcing elements of the program.
Under current law if DHFS is notified that a child under six years of age has an elevated blood lead level, DHFS must ensure that an investigation is conducted of the dwelling where the child resides and of any educational or child care facility the child attends. DHFS may also investigate a dwelling or educational or child care facility if a child under six years of age who resides in the dwelling or attends the facility has blood lead poisoning or lead exposure. If DHFS determines that a lead hazard is present in a dwelling or educational or child care facility, DHFS may take a variety of actions, including notifying the occupants of the dwelling or facility, notifying the owner of the dwelling or facility, posting notice of the lead hazard, or ordering the owner of the dwelling or facility to reduce or eliminate the hazard. If DHFS notifies an owner of a dwelling that a child under six years of age who resides in the dwelling has an elevated blood lead level, the owner must obtain either a certificate of lead-free status or a certificate of lead-safe status for the dwelling. DHFS must promulgate rules specifying the standards for obtaining certificates of lead-free or lead-safe status and the duration for which such certificates are valid. DHFS may not authorize issuance of successive certificates of lead-safe status valid for less than 12 months unless the applicant for the certificate makes a special showing of need for a certificate that is valid for less than 12 months. Finally, DHFS must promulgate rules for maintaining a statewide registry of all certificates of lead-free or lead-safe status that have been issued.
This bill provides that if DHFS determines that a lead hazard is present in any dwelling or educational or child care facility, the local health department must issue and DHFS may issue an order requiring the owner of the premises to reduce or eliminate the lead hazard. The bill eliminates the requirement that the owner of a dwelling obtain a certificate of lead-free or lead-safe status if DHFS notifies the owner that a child under six years of age who resides in the dwelling has an elevated blood lead level. Finally, the bill eliminates the requirement that DHFS promulgate rules related to issuing certificates of lead-safe status that are valid for less than 12 months.
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. 254.15 (1) of the statutes is amended to read:
254.15 (1) Develop and implement a comprehensive statewide lead poisoning or lead exposure prevention and treatment program that includes lead poisoning or lead exposure prevention grants under s. 254.151; any childhood lead poisoning screening requirement under rules promulgated under ss. 254.158 and 254.162; any requirements regarding care coordination and follow-up for children with lead poisoning or lead exposure required under rules promulgated under s. 254.164; departmental responses to reports of lead poisoning or lead exposure under s. 254.166; any lead investigation requirements under rules promulgated under ss. 254.167; any lead inspection requirements under rules promulgated under 254.168; any lead hazard reduction requirements under rules promulgated under s. 254.172; certification, accreditation and approval requirements under ss. 254.176 and 254.178; any certification requirements and procedures under rules promulgated under s. 254.179; and any fees imposed under s. 254.181.
SECTION 2. 254.166 (title) of the statutes is amended to read:
254.166 (title) Departmental response Response to reports of lead poisoning or lead exposure.
SECTION 3. 254.166 (2) (d) of the statutes is amended to read:
254.166 (2) (d) Notify the owner of the dwelling or premises of the presence of a lead hazard. The
(2m) If the department determines that a lead hazard is present in any dwelling or premises, the local health department shall and the department may issue an order that requires reduction or elimination of an imminent lead hazard within 5 days after the order's issuance and reduction or elimination of other lead hazards within 30 days after the order's issuance, except that, for orders that are issued between October 1 and May 1 and that relate only to exterior lead hazards that are not imminent lead hazards, the order may require elimination or reduction of the lead hazard no earlier than the June 1 immediately following the order's issuance. If the department agency that issued the order determines that the owner has good cause for not complying with the order within the 5-day or 30-day time period, the department the agency may extend the time period within which the owner is required to comply with the order. The failure to comply with the department's an order within the time prescribed or as extended by the department shall be prima facie evidence of negligence in any action brought to recover damages for injuries incurred after the time period expires. If an order to conduct lead hazard reduction is issued by the department or by a local health department and if the owner of the dwelling or premises complies with that order, there is a rebuttable presumption that the owner of the dwelling or premises has exercised reasonable care with respect to lead poisoning or lead exposure caused, after the order has been complied with, by lead hazards covered by the order, except that with respect to interim control activities the rebuttable presumption continues only for the period for which the interim control activity is reasonably expected to reduce or eliminate the lead hazard.
SECTION 4. 254.166 (2) (e) of the statutes is renumbered 254.166 (2r) and amended to read:
254.166 (2r) If an order is issued under par. (d), The department may conduct or require a certified lead risk assessor or other person certified under s. 254.176 to conduct a lead investigation, a check of work completed, and dust tests for the presence of hazardous levels of lead to ensure compliance with the an order issued under sub. (2m).
SECTION 5. 254.171 of the statutes is repealed.
SECTION 6. 254.173 (3) (c) 1. of the statutes, as affected by 1999 Wisconsin Act 113, is amended to read:
254.173 (3) (c) 1. The owner receives an order under s. 254.166 (2) (d) (2m) and fails to comply with the order.
SECTION 7. 254.179 (1) (c) 2. (intro.) of the statutes is amended to read:
254.179 (1) (c) 2. (intro.) The standards limiting the length of validity of a certificate of lead-safe status, including the condition of a premises, dwelling, or unit of a dwelling, the type of lead hazard reduction activity that was performed, if any, and any other requirements that must be met to maintain certification, unless the certificate is earlier revoked because of erroneous issuance or because the premises, dwelling, or unit of the dwelling is not safe from lead-bearing paint hazards. The rules shall specify that the face of the certificate shall indicate the certificate's length of validity. The rules shall further specify that applications for certificates of lead-safe status for identical premises may be made only as follows:
