AB671: Bill Text

AB671, s. 5 Section 5. 46.278 (6m) of the statutes is created to read:

AB671,5,20 46.278 (6m) Rules for distribution of funds. The department shall promulgate rules establishing criteria for distribution of the funds specified under sub. (6) (am) 2., for services for persons with developmental disabilities who are waiting for services. The rules shall require the following:

AB671,6,2 (a) That the department collect data from each county department under ss. 46.21, 46.23, 51.42, and 51.437 on the total number of persons with developmental disabilities who have requested services and have not received services from the county department. The data shall indicate which of these persons have been placed on waiting lists for services by the county department. The data shall also indicate the length of time each person has been on a waiting list, and the severity of the person's need for services.

AB671,6,7 (b) That the funds be distributed to county departments to provide services to persons identified using the data collected under par. (a) and that county departments may not use these funds to supplant funds allocated as of the effective date of this paragraph .... [revisor inserts date], for services for persons with developmental disabilities.

AB671,6,9 (c) That the funds be distributed to maximize the capture of federal matching funds for medical assistance.

AB671, s. 6 Section 6. 46.985 (2) (a) 12. of the statutes is created to read:

AB671,6,11 46.985 (2) (a) 12. Criteria for administering funds under sub. (7) (am).

AB671, s. 7 Section 7. 46.985 (7) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB671,6,16 46.985 (7) (a) From Except as provided in par. (am), from the appropriations under s. 20.435 (7) (b) and (o), the department shall allocate to county departments funds for the administration and implementation of the program.

AB671, s. 8 Section 8. 46.985 (7) (am) of the statutes is created to read:

AB671,6,21 46.985 (7) (am) From the appropriation under s. 20.435 (4) (w), the department shall distribute $700,000 in fiscal year 2001-02 and $2,700,000 in fiscal year 2002-03 and in each fiscal year thereafter, in accordance with the following requirements:

AB671,6,25 1. For a disabled child that an administering agency determines is eligible for the program under this section, the department shall ensure that the county department determines whether the child is also eligible for any medical assistance home and community-based waiver program.

AB671,7,5 2. If a county department determines that a disabled child is eligible, under subd. 1., for the medical assistance community-supported living arrangements program under 42 USC 1396u, the department shall require the county department to use the available funds under this paragraph as the required nonfederal matching funds for the child's participation under that waiver program.

AB671,7,9 3. If a county department determines that a disabled child is eligible, under subd. 1., for the program under s. 46.278, the department shall encourage the county department to use the available funds under this paragraph as the required nonfederal matching funds under s. 46.278.

AB671,7,15 4. If subd. 2. or 3. applies, the administering agency may approve funding under par. (a) or this paragraph for all or a portion of the cost of any services or goods that have been identified as necessary in a family's service plan, that meet the criteria specified by rule under sub. (2) (a) 9., and that are not services or goods that may be provided under any of the programs for which the family's child is determined eligible under subd. 2. or 3.

AB671, s. 9 Section 9. 46.985 (7) (e) of the statutes is created to read:

AB671,7,19 46.985 (7) (e) The department shall assist county departments in maximizing the use of the medical assistance waiver programs described in par. (am) 2. or 3. for disabled children who are also eligible for the program under this section.

AB671, s. 10 Section 10. 46.986 (2) (a) (intro.) of the statutes is amended to read:

AB671,7,25 46.986 (2) (a) (intro.) From the appropriation account under s. 20.435 (4) (w) using not more than $225,000 in fiscal year 2002-03 and each fiscal year thereafter and from the appropriation account under s. 20.435 (7) (br), the department shall contract for the administration of life-span respite care projects with an organization to which all of the following apply:

AB671, s. 11 Section 11. 46.986 (2) (b) 1. of the statutes is amended to read:

AB671,8,8 46.986 (2) (b) 1. After consulting with the department, county departments, tribes or bands, providers and caregivers, prescribe criteria for the distribution of grants to conduct life-span respite care projects. The criteria shall include the requirement that grant funds be equally distributed among 5 administrative regions of the state, as prescribed by the department, except that, beginning July 1, 2002, the grant funds shall also be used to conduct 2 respite care projects anywhere in the state.

AB671, s. 12 Section 12. 46.986 (2) (b) 2. (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB671,8,15 46.986 (2) (b) 2. (intro.) Solicit applications from and, using the criteria under subd. 1., award in each state fiscal biennium up to one grant 2 grants in each of the 5 administrative regions prescribed by the department and up to 2 additional grants anywhere in the state to any of the following to conduct a life-span respite care project:

AB671, s. 13 Section 13 . Nonstatutory provisions; health and family services.

AB671,8,24 (1) Rules. The department of health and family services shall submit in proposed form the rules required under section 46.278 (6m) of the statutes, as created by this act, to the legislative council staff no later than the first day of the 6th month beginning after the effective date of this subsection. Before the date on which the proposed rules are finally promulgated, the department of health and family services shall administer section 46.278 (6m) of the statutes, as created by this act, according to procedures established by that department, notwithstanding the absence of rules to administer that section.

AB671,9,9 (2) Plan to eliminate waiting lists. By July 1, 2002, the department of health and family services shall develop a plan to eliminate waiting lists for services for persons with developmental disabilities by the end of state fiscal year 2004-05. This plan shall utilize criteria set forth by the department by rule under section 46.278 (6m) of the statutes, as created by this act, and shall include a fiscal estimate of the amount of moneys necessary to implement the plan in each state fiscal year. The department of health and family services shall ensure that public and private providers of services to persons with developmental disabilities are provided information about the department's plan.

AB671, s. 14 Section 14. Appropriation changes.

AB671,9,16 (1) Rate increase for community integration program. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (4) (w) of the statutes, as affected by the acts of 2001, the dollar amount is increased by $3,700,000 for fiscal year 2001-02 and by $3,700,000 for fiscal year 2002-03 to supplement the daily rate paid for the provision of home and community-based services under section 46.278 of the statutes.

AB671,9,22 (2) Increase for community integration program. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (4) (w) of the statutes, as affected by the acts of 2001, the dollar amount is increased by $1,000,000 for fiscal year 2001-02 and by $7,000,000 for fiscal year 2002-03 to increase funding for home and community-based services under section 46.278 of the statutes.

AB671,9,25 (3) Family support program. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (4) (w) of the statutes, as affected by the acts of 2001, the dollar amount is increased by $700,000 for fiscal year 2001-02 and by $2,700,000 for fiscal year 2002-03 to increase funding for the family support program under section 46.985 (7) (am) of the statutes.

AB671,10,8 (4) Respite care projects. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of health and family services under section 20.435 (4) (w) of the statutes, as affected by the acts of 2001, the dollar amount is increased by $225,000 for fiscal year 2002-03 to increase funding for respite care projects under section 46.986 (2) (a) (intro.) of the statutes.

AB671, s. 15 Section 15. Effective dates. This act takes effect on the day after publication, except as follows:

AB671,10,12 (1) The repeal and recreation of section 20.435 (4) (w) of the statutes takes effect on July 1, 2003.

AB671,10,13 (End)