AB150: Bill Text

AB150,880,21 46.277 (3) (b) 2. Each county department participating in the program shall provide home or community-based care to persons eligible under this section, except that the number of persons who receive home or community-based care under this section may not exceed the number of nursing home beds, other than beds specified in sub. (5g) (b), that are delicensed as part of a plan submitted by the facility and approved by the department.

AB150, s. 2250 Section 2250. 46.277 (3) (c) of the statutes is created to read:

AB150,881,7 46.277 (3) (c) Beginning on January 1, 1996, from the annual allocation to the county for the provision of long-term community support services under sub. (5), annually establish a maximum total amount, not to exceed 25% of the annual allocation, that may be encumbered in a calendar year for services for eligible individuals in community-based residential facilities. If the total amount that is encumbered for services for individuals in community-based residential facilities who are receiving services under sub. (5) on January 1, 1996, exceeds 25% of the county's annual allocation, a county may request a waiver of the requirement under this paragraph from the department. The department need not promulgate as rules under ch. 227 the standards for granting a waiver request under this paragraph.

AB150, s. 2251 Section 2251. 46.277 (4) (a) of the statutes is amended to read:

AB150,881,16 46.277 (4) (a) Any medical assistance recipient who meets the level of care requirements for medical assistance reimbursement in a skilled nursing facility or intermediate care facility is eligible to participate in the program, except that the number of participants may not exceed the number of nursing home beds , other than beds specified in sub. (5g) (b), that are delicensed as part of a plan submitted by the facility and approved by the department. Such a recipient may apply, or any person may apply on behalf of such a recipient, for participation in the program. Section 46.275 (4) (b) applies to participation in the program.

AB150, s. 2252 Section 2252 . 46.277 (4) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,882,2 46.277 (4) (a) Any medical assistance recipient who meets the level of care requirements for medical assistance reimbursement in a skilled nursing facility or intermediate care facility is eligible to participate in the program, except that the number of participants may not exceed the number of nursing home beds, other than beds specified in sub. (5g) (b), that are delicensed as part of a plan submitted by the facility and approved by the department and except as provided in sub. (5g) (c). Such a recipient may apply, or any person may apply on behalf of such a recipient, for participation in the program. Section 46.275 (4) (b) applies to participation in the program.

****Note: This is reconciled s. 46.277 (4) (a). This section has been affected by a draft with the following LRB #: 0444/1.

AB150, s. 2253 Section 2253. 46.277 (4) (b) of the statutes is amended to read:

AB150,882,11 46.277 (4) (b) To the extent authorized under 42 USC 1396n, if a person discontinues participation in the program, a medical assistance recipient may participate in the program in place of the participant who discontinues if that recipient meets the level of care requirements for medical assistance reimbursement in a skilled nursing facility or intermediate care facility, except that the number of participants may not exceed the number of nursing home beds, other than beds specified in sub. (5g) (b), that are delicensed as part of a plan submitted by the facility and approved by the department.

AB150, s. 2254 Section 2254. 46.277 (5) (d) 3. of the statutes is created to read:

AB150,882,19 46.277 (5) (d) 3. If subd. 2. a. or b. applies, no county may use funds received under this section to pay for services provided to a person who resides or intends to reside in a community-based residential facility and who is initially applying for the services, if the projected cost of services for the person, plus the cost of services for existing participants, would cause the county to exceed the limitation under sub. (3) (c). The department may grant an exception to the requirement under this subdivision, under the conditions specified by rule, to avoid hardship to the person.

AB150, s. 2255 Section 2255. 46.277 (5) (e) of the statutes is created to read:

AB150,883,3 46.277 (5) (e) A county may use funds received under this subsection to provide supportive, personal or nursing services, as defined in rules promulgated under s. 49.45 (2) (a) 23., to a person who resides in an assisted living facility, as defined in s. 50.01 (1d). Funding of the services may not exceed 85% of the statewide rate for reimbursement under s. 49.45 (6m), as determined by the department under s. 49.45 (6m) (L).

AB150, s. 2256 Section 2256. 46.277 (5d) of the statutes is created to read:

AB150,883,14 46.277 (5d) Waiver amendment. (a) The department shall request from the secretary of the federal department of health and human services an amendment to the waiver specified in sub. (2) to allow the department to receive federal financial participation to continue to provide, notwithstanding sub. (5g) (c), home or community-based services that substitute for the benefit under s. 49.46 (2) (a) 4. a. or (b) 6. a. to an individual who is eligible for medical assistance only under s. 49.47; who was receiving the services, provided as a medical assistance benefit, on January 1, 1996; and who has continued to receive those services or the services, provided as a medical assistance benefit, that are described in s. 46.27 (11m), 46.275 (5g) or 46.278 (6m) or specified in s. 49.46 (2) (a) 4. c. or (b) 6. a. since that date.

AB150,883,17 (b) If the waiver amendment under par. (a) is granted and remains in effect, the department shall provide the services described in par. (a) to individuals covered by the waiver amendment, notwithstanding sub. (5g) (c).

****Note: This is reconciled s. 46.277 (5d). This section has been affected by a draft with the following LRB #: 0444/1.

AB150, s. 2257 Section 2257. 46.277 (5g) (title) of the statutes is amended to read:

AB150,883,19 46.277 (5g) (title) Limitation Limitations on service.

AB150, s. 2258 Section 2258. 46.277 (5g) of the statutes is renumbered 46.277 (5g) (a).

AB150, s. 2259 Section 2259. 46.277 (5g) (b) of the statutes is created to read:

AB150,884,2 46.277 (5g) (b) This section does not apply to the delicensure of a bed of an institution for mental diseases of an individual who is aged 21 to 64, who has a primary diagnosis of mental illness and who otherwise meets the requirements of s. 46.266 (1) (a), (b) or (c).

AB150, s. 2260 Section 2260. 46.277 (5g) (c) of the statutes is created to read:

AB150,884,6 46.277 (5g) (c) The department may not provide under this section home or community-based services that substitute for the benefit under s. 49.46 (2) (a) 4. a. or (b) 6. a. for persons who are eligible for medical assistance only under s. 49.47.

****Note: This is reconciled s. 46.277 (5g) (c). This section has been affected by a draft with the following LRB #: 0444/1.

AB150, s. 2261 Section 2261. 46.277 (5r) of the statutes is created to read:

AB150,884,10 46.277 (5r) Rule making. The department shall promulgate rules that specify conditions of hardship under which the department may grant an exception to the requirement of sub. (5) (d) 3.

AB150, s. 2262 Section 2262. 46.278 (1) of the statutes is amended to read:

AB150,884,22 46.278 (1) Legislative intent. The intent of the program under this section, except as provided in sub. (6m), is to provide home or community-based care to serve in a noninstitutional community setting a person who meets eligibility requirements under 42 USC 1396n (c) and who is diagnosed as developmentally disabled under the definition specified in s. 51.01 (5) and relocated from an institution other than a state center for the developmentally disabled or who meets the intermediate care facility for the mentally retarded level of care requirements for medical assistance reimbursement in an intermediate care facility for the mentally retarded and is ineligible for services under s. 46.275 or 46.277. The intent of the program is also that counties use all existing services for providing care under this section, including those services currently provided by counties.

AB150, s. 2263 Section 2263. 46.278 (1m) (b) of the statutes is amended to read:

AB150,885,2 46.278 (1m) (b) "Medical assistance" means aid provided under ss. 49.43 to 49.47 subch. IV of ch. 49, except s. 49.468.

AB150, s. 2264 Section 2264. 46.278 (2) (a) of the statutes is amended to read:

AB150,885,11 46.278 (2) (a) The department may request a waiver from the secretary of the federal department of health and human services, under 42 USC 1396n (c), authorizing the department to serve medical assistance recipients, who meet the level of care requirements for medical assistance reimbursement in an intermediate care facility for the mentally retarded, in their communities by providing home or community-based services as part of medical assistance, except as provided in sub. (6m). If the department requests a waiver, it shall include all assurances required under 42 USC 1396n (c) (2) in its request.

AB150, s. 2265 Section 2265. 46.278 (5) (a) of the statutes is amended to read:

AB150,885,20 46.278 (5) (a) Any medical assistance recipient who meets the level of care requirements for medical assistance reimbursement in an intermediate care facility for the mentally retarded and is ineligible for service under s. 46.275 or 46.277 is eligible to participate in the program, except that the number of participants may not exceed the number approved under the waiver received under sub. (3) and except that sub. (6m) applies. Such a recipient may apply, or any person may apply on behalf of such a recipient, for participation in the program. Section 46.275 (4) (b) applies to participation in the program.

AB150, s. 2266 Section 2266. 46.278 (6) (e) of the statutes is created to read:

AB150,886,2 46.278 (6) (e) The department may provide enhanced reimbursement for services under the program for an individual who was relocated to the community by a county department from an intermediate care facility for the mentally retarded that closes under s. 50.03 (14). The enhanced reimbursement rate under this paragraph shall be determined under a formula that is developed by the department.

AB150, s. 2267 Section 2267. 46.278 (6d) of the statutes is created to read:

AB150,886,13 46.278 (6d) Waiver amendment. (a) The department shall request from the secretary of the federal department of health and human services an amendment to the waiver specified in sub. (2) to allow the department to receive federal financial participation to continue to provide, notwithstanding sub. (6m), home or community-based services that substitute for the benefit under s. 49.46 (2) (a) 4. a. or (b) 6. a. to an individual who is eligible for medical assistance only under s. 49.47; who was receiving the services, provided as a medical assistance benefit, on January 1, 1996; and who has continued to receive those services or the services, provided as a medical assistance benefit, that are described in s. 46.27 (11m), 46.275 (5g) or 46.277 (5g) (c) or specified in s. 49.46 (2) (a) 4. c. or (b) 6. a. since that date.

AB150,886,16 (b) If the waiver amendment under par. (a) is granted and remains in effect, the department shall provide the services described in par. (a) to individuals covered by the waiver amendment, notwithstanding sub. (6m).

AB150, s. 2268 Section 2268. 46.278 (6m) of the statutes is created to read:

AB150,886,21 46.278 (6m) Limitation. The department may not provide under this section home or community-based services that substitute for the benefit under s. 49.46 (2) (a) 4. a. or (b) 6. a. for persons who are eligible for medical assistance only under s. 49.47.

AB150, s. 2269 Section 2269. 46.29 (1) (intro.) of the statutes is amended to read:

AB150,887,2 46.29 (1) (intro.)  From the appropriation under s. 20.435 (6) (d), the department shall allocate up to $12,000 $10,000 in each fiscal year for operation of the council on physical disabilities. The council on physical disabilities shall do all of the following:

AB150, s. 2270 Section 2270. 46.293 (title) of the statutes is created to read:

AB150,887,4 46.293 (title) Specialized programs for the blind and visually impaired.

AB150, s. 2271 Section 2271. 46.295 (title) of the statutes is created to read:

AB150,887,6 46.295 (title) Interpreters for the hearing-impaired.

AB150, s. 2272 Section 2272. 46.30 (3) (a) 1. of the statutes is amended to read:

AB150,887,9 46.30 (3) (a) 1. Administer funds received from the department under sub. (4) and funds from other sources provided to support a community action program.

AB150, s. 2273 Section 2273. 46.30 (4) (a) of the statutes is amended to read:

AB150,887,14 46.30 (4) (a) The department shall allocate distribute the federal community services block grant funds received under 42 USC 9903 and deposited in the appropriations under s. 20.435 (4) (mc) and (md) (6) (mc) and (7) (md) and the state supplement under s. 20.435 (4) (cr) (7) (cr) as provided in this subsection.

AB150, s. 2274 Section 2274. 46.30 (4) (cm) of the statutes is renumbered 46.30 (4) (cm) 1. and amended to read:

AB150,887,23 46.30 (4) (cm) 1. The department shall allocate distribute all of the funds under s. 20.435 (4) (cr) (7) (cr) to community action agencies and organizations, including any of the 11 federally recognized tribal governing bodies in this state and limited-purpose agencies, in proportion to the share of funds actually allocated to these entities under 42 USC 1315 and from other federal and private foundation sources that provide funds for job creation and development for individuals with low incomes.

AB150, s. 2275 Section 2275. 46.30 (4) (cm) 2. of the statutes is created to read:

AB150,888,2 46.30 (4) (cm) 2. The department may contract with the department of industry, labor and human relations to distribute the funds under this paragraph.

AB150, s. 2276 Section 2276. 46.30 (4) (d) of the statutes is amended to read:

AB150,888,7 46.30 (4) (d) Before January 1 of each year the department or, if par. (cm) 2. applies, the department of industry, labor and human relations shall contract with each agency and organization being funded, specifying the amount of money the organization will receive and the activities to be carried out by the organization.

AB150, s. 2277 Section 2277. 46.31 of the statutes is repealed.

AB150, s. 2278 Section 2278. 46.32 of the statutes is repealed.

AB150, s. 2279 Section 2279. 46.40 (1) (title) of the statutes is amended to read:

AB150,888,11 46.40 (1) (title) Distribution limits General community aids allocation.

AB150, s. 2280 Section 2280. 46.40 (1) of the statutes is renumbered 46.40 (1) (a) and amended to read:

AB150,888,22 46.40 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute funds not more than $319,596,600 in fiscal year 1995-96 and not more than $319,337,700 in fiscal year 1996-97 for community social, mental health, developmental disabilities and alcohol and other drug abuse services and for services under ss. 46.51, 46.87, 46.98 (2m), (3) and (4g), 46.985 and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42 and 51.437, to county aging units and to private nonprofit organizations as authorized under s. 46.98 (2) (a), as provided in subs. (2) to (12).

AB150, s. 2281 Section 2281. 46.40 (2) of the statutes is repealed.

****Note: This is reconciled s. 46.40 (2). This Section has been affected by drafts with the following LRB numbers: -2106/2 and -2153/1.

AB150, s. 2282 Section 2282. 46.40 (2m) of the statutes is created to read:

AB150,889,6 46.40 (2m) Categorical community aids allocations. (a) Prevention and treatment of substance abuse. For prevention and treatment of substance abuse under 42 USC 300x-21 to 300x-35, the department shall distribute not more than $11,037,600 in fiscal year 1995-96 and not more than $11,235,600 in fiscal year 1996-97.

AB150,889,10 (b) Community mental health services. For community mental health services under 42 USC 300x to 300x-9, the department shall distribute not more than $3,540,400 in fiscal year 1995-96 and not more than $3,540,400 in fiscal year 1996-97.

AB150,889,13 (c) Child care services. For child care services under 42 USC 603 (n) and 42 USC 9858, the department shall distribute not more than $15,828,000 in fiscal year 1995-96 and not more than $15,928,700 in fiscal year 1996-97.

AB150, s. 2283 Section 2283. 46.40 (3) (a) of the statutes is repealed.

AB150, s. 2284 Section 2284. 46.40 (3) (b) 1. of the statutes is repealed.

****Note: This is reconciled s. 46.40 (3) (b) 1. This Section has been affected by drafts with the following LRB numbers: -0744/4 and -2106/2.

AB150, s. 2285 Section 2285. 46.40 (3) (b) 2. of the statutes is repealed.

****Note: This is reconciled s. 46.40 (3) (b) 2. This Section has been affected by drafts with the following LRB numbers: -2106/2 and -2402/1.

AB150, s. 2286 Section 2286. 46.40 (3) (b) 3. of the statutes, as created by 1993 Wisconsin Act 446, is renumbered 46.40 (1) (b) and amended to read:

AB150,889,22 46.40 (1) (b) Notwithstanding s. 46.49, if the department receives any federal moneys under 42 USC 670 to 679a in reimbursement of moneys allocated under sub. (1) par. (a) for the provision of foster care, the department shall distribute those federal moneys for services and projects to assist children and families.

AB150, s. 2287 Section 2287. 46.40 (3m) of the statutes is repealed.

AB150, s. 2288 Section 2288. 46.40 (4) of the statutes is repealed.

****Note: This is reconciled s. 46.40 (4). This Section has been affected by drafts with the following LRB numbers: -2106/2, -2153/1 and -2402/1.

AB150, s. 2289 Section 2289. 46.40 (4m) of the statutes is created to read:

AB150,890,9 46.40 (4m) County community aids budgets. Before October 1 of each year, each county department under ss. 46.215, 46.22, 46.23, 51.442 and 51.437 and each tribal governing body shall submit to the department a proposed budget for the expenditure of funds allocated under this section. The proposed budget shall be submitted on a form developed by the department and approved by the department of administration.

AB150, s. 2290 Section 2290. 46.40 (5) of the statutes is repealed.

AB150, s. 2291 Section 2291. 46.40 (6) of the statutes is repealed.

AB150, s. 2292 Section 2292. 46.40 (7) of the statutes is repealed.

AB150, s. 2293 Section 2293. 46.40 (8) of the statutes is repealed.