AB100: Bill Text

AB100, s. 866 Section 866. 46.275 (5) (c) of the statutes is amended to read:

AB100,466,10 46.275 (5) (c) The total allocation under s. 20.435 (4) (b), (gp), (o), (r), (rg), and (w) to counties and to the department under sub. (3r) for services provided under this section may not exceed the amount approved by the federal department of health and human services. A county may use funds received under this section only to provide services to persons who meet the requirements under sub. (4) and may not use unexpended funds received under this section to serve other developmentally disabled persons residing in the county.

AB100, s. 867 Section 867 . 46.275 (5) (c) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is amended to read:

AB100,466,19 46.275 (5) (c) The total allocation under s. 20.435 (4) (b), (gp), (o), (r), (rg), and (w) to counties and to the department under sub. (3r) for services provided under this section may not exceed the amount approved by the federal department of health and human services. A county may use funds received under this section only to provide services to persons who meet the requirements under sub. (4) and may not use unexpended funds received under this section to serve other developmentally disabled persons residing in the county.

AB100, s. 868 Section 868. 46.277 (1m) (ag) of the statutes is created to read:

AB100,466,22 46.277 (1m) (ag) "Delicensed" means deducted from the number of beds stated on a facility's license, as specified under s. 50.03 (4) (e).

AB100, s. 869 Section 869. 46.277 (5) (g) of the statutes is amended to read:

AB100,467,7 46.277 (5) (g) The department may provide enhanced reimbursement for services provided under this section to an individual who is relocated to the community from a nursing home by a county department on or after July 26, 2003 the effective date of this paragraph .... [revisor inserts date], if the nursing home bed that was used by the individual is delicensed upon relocation of the individual number of individuals served under this paragraph does not exceed the number of nursing home beds that are delicensed as part of plans submitted by nursing homes and approved by the department. The department shall develop and utilize a formula to determine the enhanced reimbursement rate.

AB100, s. 870 Section 870. 46.278 (6) (d) of the statutes is amended to read:

AB100,467,14 46.278 (6) (d) If a county makes available nonfederal funds equal to the state share of service costs under a waiver received under sub. (3), the department may, from the appropriation under s. 20.435 (4) (o), provide reimbursement for services that the county provides under this section to persons who are in addition to those who may be served under this section with funds from the appropriation under s. 20.435 (4) (b), (r), (rg), or (w).

AB100, s. 871 Section 871 . 46.278 (6) (d) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is amended to read:

AB100,467,22 46.278 (6) (d) If a county makes available nonfederal funds equal to the state share of service costs under a waiver received under sub. (3), the department may, from the appropriation under s. 20.435 (4) (o), provide reimbursement for services that the county provides under this section to persons who are in addition to those who may be served under this section with funds from the appropriation under s. 20.435 (4) (b), (r), (rg), or (w).

AB100, s. 872 Section 872. 46.2785 of the statutes is created to read:

AB100,467,25 46.2785 Community Opportunities and Recovery Program. (1) Definitions. In this section:

AB100,468,1 (a) "Nursing facility" has the meaning given in 42 USC 1396r (a).

AB100,468,2 (b) "Serious mental illness" has the meaning given in 42 CFR 483.102 (b) (1).

AB100,468,5 (c) "Waiver program" means the Community Opportunities and Recovery Program for which a waiver has been requested under sub. (2) and granted under 42 USC 1396n (c).

AB100,468,13 (2) Waiver request. The department may request a waiver from the secretary of the U.S. department of health and human services, under 42 USC 1396n (c), authorizing the department to serve in their communities medical assistance recipients who meet eligibility requirements specified in sub. (4) by providing them home or community-based services as part of the Medical Assistance program. If the department requests the waiver, it shall include all the assurances required under 42 USC 1396n (c) (2) in the request. If the department receives the waiver, it may request an extension of the waiver under 42 USC 1396n (c).

AB100,468,18 (3) Contract for administration. If doing so is consistent with the waiver received by the department as specified in sub. (2), the department may contract with a county or a private agency to administer the waiver program. A private agency with which the department contracts shall have the powers and duties of a county under this section.

AB100,468,22 (4) Eligibility. Any medical assistance recipient who has a serious mental illness and meets the level of care requirements under s. 49.45 (6m) (i) for reimbursement of nursing home care under the Medical Assistance program is eligible to participate in the waiver program.

AB100,468,25 (5) Funding. (a) Medical assistance reimbursement for services a county or private agency contracts for or provides under the waiver program shall be made from the appropriation accounts under s. 20.435 (4) (b) and (o).

AB100,469,5 (b) The department may, from the appropriation account under s. 20.435 (4) (o), reimburse a county for providing, or contracting to provide, services that cost more than the average annual per person rate established by the department, but less than the average amount approved by the federal government for the waiver program.

AB100, s. 873 Section 873. 46.283 (5) of the statutes is amended to read:

AB100,469,11 46.283 (5) Funding. From the appropriation accounts under s. 20.435 (4) (b), (bm), (gp), (pa), (r), (rg), and (w) and (7) (b), (bd), and (md), the department may contract with organizations that meet standards under sub. (3) for performance of the duties under sub. (4) and shall distribute funds for services provided by resource centers.

AB100, s. 874 Section 874 . 46.283 (5) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is amended to read:

AB100,469,18 46.283 (5) Funding. From the appropriation accounts under s. 20.435 (4) (b), (bm), (gp), (pa), (r), (rg), and (w) and (7) (b), (bd), and (md), the department may contract with organizations that meet standards under sub. (3) for performance of the duties under sub. (4) and shall distribute funds for services provided by resource centers.

AB100, s. 875 Section 875. 46.284 (5) (a) of the statutes is amended to read:

AB100,470,2 46.284 (5) (a) From the appropriation accounts under s. 20.435 (4) (b), (g), (gp), (im), (o), (r), (rg), and (w) and (7) (b) and (bd), the department shall provide funding on a capitated payment basis for the provision of services under this section. Notwithstanding s. 46.036 (3) and (5m), a care management organization that is under contract with the department may expend the funds, consistent with this section, including providing payment, on a capitated basis, to providers of services under the family care benefit.

AB100, s. 876 Section 876 . 46.284 (5) (a) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is amended to read:

AB100,470,11 46.284 (5) (a) From the appropriation accounts under s. 20.435 (4) (b), (g), (gp), (im), (o), (r), (rg), and (w) and (7) (b) and (bd), the department shall provide funding on a capitated payment basis for the provision of services under this section. Notwithstanding s. 46.036 (3) and (5m), a care management organization that is under contract with the department may expend the funds, consistent with this section, including providing payment, on a capitated basis, to providers of services under the family care benefit.

AB100, s. 877 Section 877. 46.286 (1) (a) 2. b. of the statutes is amended to read:

AB100,470,16 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.

AB100, s. 878 Section 878. 46.286 (3) (d) of the statutes is amended to read:

AB100,470,23 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.

AB100, s. 879 Section 879. 46.40 (1) (a) of the statutes is amended to read:

AB100,471,6 46.40 (1) (a) Within the limits of available federal funds and of the appropriations under s. 20.435 (3) (o) and (7) (b) and (o), the department shall distribute funds for community social, mental health, developmental disabilities, and alcohol and other drug abuse services and for services under ss. 46.51, 46.87, 46.985, and 51.421 to county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437 and to county aging units, as provided in subs. (2), (2m), and (7) to (9).

AB100, s. 880 Section 880. 46.48 (11m) of the statutes is created to read:

AB100,471,8 46.48 (11m) Female offender reintegration program. (a) In this subsection:

AB100,471,9 1. "Offender" has the meaning given in s. 304.16 (2) (i).

AB100,471,10 2. "Prisoner" has the meaning given in s. 301.01 (2).

AB100,471,15 (b) The department shall award not more than $139,100 in fiscal year 2005-06 and not more than $140,000 in fiscal year 2006-07 as a grant to an organization or a group of organizations to provide services for female prisoners and offenders from Milwaukee County and their children, if the prisoners or offenders have been convicted of nonviolent crimes.

AB100,471,18 (c) The grant awardee under par. (b) shall provide at least all of the following for up to 6 months before a prisoner's release from prison and up to 2 years after release:

AB100,471,21 1. Screening, assessment, and treatment, including mental health and permanency services, for the prisoners or offenders to assist in their reintegration into the community.

AB100,471,23 2. At-risk assessments for all dependent children of female prisoners or offenders who receive services under subd. 1., and comprehensive support services.

AB100, s. 881 Section 881. 46.481 of the statutes is renumbered 46.481 (1m).

AB100, s. 882 Section 882. 46.481 (2m) of the statutes is created to read:

AB100,472,10 46.481 (2m) From the appropriation under s. 20.435 (6) (gb), the department shall award not more than $57,500 in fiscal year 2005-06 and not more than $229,800 in fiscal year 2006-07 as grants for up to 3 years to counties with populations of less than 500,000 and to tribal governing bodies to demonstrate collaboration between a county department under s. 46.23 and a tribal agency in a county or among county departments under ss. 46.22 and 51.42 and tribal agencies in a county for intervention for the mental health and substance abuse screening, assessment, and treatment of children who have been abused or neglected and their parents for whom the county departments and tribal agencies determine there is a need to provide services.

AB100, s. 883 Section 883. 46.495 (1) (am) of the statutes is amended to read:

AB100,472,16 46.495 (1) (am) The department shall reimburse each county from the appropriations under s. 20.435 (3) (o) and (7) (b) and (o) for social services as approved by the department under ss. 46.215 (1), (2) (c) 1., and (3) and 46.22 (1) (b) 1. d. and (e) 3. a. except that no reimbursement may be made for the administration of or aid granted under s. 49.02.

AB100, s. 884 Section 884. 46.495 (1) (d) of the statutes is amended to read:

AB100,473,13 46.495 (1) (d) From the appropriations under s. 20.435 (3) (o) and (7) (b) and (o), the department shall distribute the funding for social services, including funding for foster care or, treatment foster care, or subsidized guardianship care of a child on whose behalf aid is received under s. 46.261, to county departments under ss. 46.215, 46.22, and 46.23 as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2), (8), and (9) (b). Each county's required match for the distribution under s. 46.40 (2) shall be specified in a schedule established annually by the department of health and family services. Each county's required match for the distribution under s. 46.40 (8) for a year equals 9.89% of the total of the county's distributions under s. 46.40 (8) for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Each county's required match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that county's amounts described in s. 46.40 (9) (a) (intro.) for that year. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the county that meet the requirements specified in s. 51.423 (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

AB100, s. 885 Section 885. 46.51 (4) of the statutes is amended to read:

AB100,473,19 46.51 (4) A county may use the funds distributed under this section to fund additional foster parents and, treatment foster parents, and subsidized guardians or interim caretakers to care for abused and neglected children and to fund additional staff positions to provide services related to child abuse and neglect and to unborn child abuse.

AB100, s. 886 Section 886. 46.513 of the statutes is repealed.

AB100, s. 887 Section 887. 46.515 (1) (i) of the statutes is repealed.

AB100, s. 888 Section 888. 46.515 (1) (j) of the statutes is repealed.

AB100, s. 889 Section 889. 46.515 (2) of the statutes is amended to read:

AB100,474,16 46.515 (2) Funds provided. If a county or Indian tribe applies and is selected by the department under sub. (5) to participate in the program under this section, the department shall award, from the appropriation under s. 20.435 (3) (de) (5) (ab), a grant annually to be used only for the purposes specified in sub. (4) (a) and (am). The minimum amount of a grant is $10,000. The department shall determine the amount of a grant awarded to a county, other than a county with a population of 500,000 or more, or Indian tribe in excess of the minimum amount based on the number of births that are funded by medical assistance under subch. IV of ch. 49 in that county or the reservation of that Indian tribe in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section. The department shall determine the amount of a grant awarded to a county with a population of 500,000 or more in excess of the minimum amount based on 60% of the number of births that are funded by medical assistance under subch. IV of ch. 49 in that county in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section.

AB100, s. 890 Section 890 . 46.515 (2) of the statutes, as affected by 2005 Wisconsin Act .... (this act), is amended to read:

AB100,475,10 46.515 (2) Funds provided. If a county or Indian tribe applies and is selected by the department under sub. (5) to participate in the program under this section, the department shall award, from the appropriation under s. 20.435 (5) (ab), a grant annually to be used only for the purposes specified in sub. (4) (a) and (am). The minimum amount of a grant is $10,000. The department shall determine the amount of a grant awarded to a county, other than a county with a population of 500,000 or more, or Indian tribe in excess of the minimum amount based on the number of births that are funded by medical assistance under subch. IV of ch. 49 in that county or the reservation of that Indian tribe in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section. The department shall determine the amount of a grant awarded to a county with a population of 500,000 or more in excess of the minimum amount based on 60% of the number of births that are funded by medical assistance under subch. IV of ch. 49 in that county in proportion to the number of births that are funded by medical assistance under subch. IV of ch. 49 in all of the counties and the reservations of all of the Indian tribes to which grants are awarded under this section.

AB100, s. 891 Section 891. 46.515 (3) (title) of the statutes is repealed.

AB100, s. 892 Section 892. 46.515 (3) (a) of the statutes is repealed.

AB100, s. 893 Section 893. 46.515 (3) (b) of the statutes is renumbered 46.515 (3) and amended to read:

AB100,475,19 46.515 (3) Joint application permitted. Two or more counties and Indian tribes may submit a joint application to the department. Each county or Indian tribe in a joint application shall be counted as a separate county or Indian tribe for the purpose of limiting the number of counties and Indian tribes selected in each state fiscal biennium.

AB100, s. 894 Section 894. 46.516 of the statutes is created to read:

AB100,475,22 46.516 Universal home visitation services. (1) Definitions. In this section:

AB100,475,24 (a) "County department" means a county department of human services or social services under s. 46.215, 46.22, or 46.23.

AB100,476,2 (b) "Indian tribe" means a federally recognized American Indian tribe or band in this state.

AB100,476,3 (c) "Local health department" has the meaning given in s. 250.01 (4).

AB100,476,7 (d) "Local partnership" means any combination of 2 or more county departments, local health departments, Indian tribes, and private nonprofit agencies that have agreed to implement jointly a program of universal home visitation services under this section.

AB100,476,9 (e) "Organization" means a county department, local health department, Indian tribe, private nonprofit agency, or local partnership.

AB100,476,11 (f) "Private nonprofit agency" means a nonstock corporation organized under ch. 181 that is a nonprofit corporation, as defined in s. 181.0103 (17).

AB100,476,23 (2) Awarding of grants. From the appropriation account under s. 20.435 (5) (ab), the department shall award grants to applying organizations for the provision of the home visitation services specified in sub. (3) (a). The department shall determine the amount of a grant awarded to an organization based on the number of first-time births in the community served by the organization. The department shall provide competitive application procedures for selecting organizations to receive grants under this subsection and shall establish a method for ranking applicants based on the quality of their applications. The department shall require a grant recipient to provide matching funds or in-kind contributions as determined by the department and shall ensure that a grant recipient does not use any grant moneys awarded to supplant any other moneys used by the grant recipient at the time of the awarding of the grant to provide home visitation services.

AB100,477,10 (3) Purposes of grants. (a) Universal home visitation services. An organization that receives a grant under sub. (2) shall use the grant moneys awarded to provide a one-time visit to all first-time parents in the community served by the organization for the purposes of providing those parents with basic information regarding infant health and nutrition, the care, safety, and development of infants, and emergency services for infants; identifying the needs of those parents; and providing those parents with referrals to programs, services, and other resources that may meet those needs. An organization may visit a first-time parent only if the parent or, if the parent is a child, his or her parent, guardian, or legal custodian consents to the visit. No person who is required or permitted to report suspected or threatened abuse or neglect under s. 48.981 (2) may make or threaten to make such a report based on a refusal of a person to receive a home visit under this paragraph.

AB100,477,16 (b) Start-up costs and capacity building. In the first year in which a grant under sub. (2) is awarded to an organization, the organization may use a portion of the grant to pay for start-up costs and capacity building related to the provision of home visitation services by the organization. The department shall determine the maximum amount of a grant that an organization may use to pay for those start-up costs and that capacity building.

AB100,477,25 (4) Confidentiality. (a) Nondisclosure of information; exceptions. No person may use or disclose any information concerning an individual who is offered home visitation services under sub. (3) (a), including an individual who declines to receive those services, or concerning an individual who is provided with a referral under sub. (3) (a), including an individual who declines the referral, unless disclosure of the information is required or permitted under s. 48.981 (2), the use or disclosure of the information is connected to the administration of the program under this section, or the individual has given his or her written informed consent to the use or disclosure of the information.

AB100,478,5 (b) Explanation of confidentiality requirements. An organization that receives a grant under sub. (2) shall provide or shall designate an individual or entity to provide an explanation of the confidentiality requirements under par. (a) to each individual who is offered home visitation services under sub. (3) (a) by the organization.

AB100,478,15 (5) Notification of parent prior to making abuse or neglect report. If a person who is providing home visitation services under sub. (3) (a) determines that he or she is required or permitted to make a report under s. 48.981 (2) about a child in a family to which the person is providing those services, the person shall, prior to making the report under s. 48.981 (2), make a reasonable effort to notify the child's parent that a report under s. 48.981 (2) will be made and to encourage the parent to contact a county department under s. 46.22 or 46.23 or, in a county having a population of 500,000 or more, the department to request assistance. The notification requirements under this subsection do not affect the reporting requirements under s. 48.981 (2).

AB100,478,19 (6) Informational materials. Any informational materials about the home visitation services provided under sub. (3) (a) that are distributed to a person who is offered or who is receiving those services shall state the sources of funding for the services.

AB100, s. 895 Section 895. 46.52 of the statutes is amended to read:

AB100,479,7 46.52 Systems change grants. From the appropriation under s. 20.435 (7) (md), the department shall distribute funds to each grant recipient under this section so as to permit initial phasing in of recovery-oriented system changes, prevention and early intervention strategies, and consumer and family involvement for individuals with mental illness. At least 10% of the funds distributed shall be for children with mental illness. The department shall eliminate the funding for a recipient at the end of a period of not more than 3 years in order to provide funding to benefit another recipient. The department shall require that community services that are developed under this section are continued, following termination of funding under this section, by use of savings made available from incorporating recovery, prevention and early intervention strategies, and consumer and family involvement in the services.

AB100, s. 896 Section 896. 46.75 (2) (a) of the statutes is amended to read:

AB100,479,12 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.

AB100, s. 897 Section 897. 46.77 of the statutes is amended to read:

AB100,479,18 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.

AB100, s. 898 Section 898. 46.95 (2) (a) of the statutes is amended to read:

AB100,479,25 46.95 (2) (a) The secretary shall make grants from the appropriations under s. 20.435 (3) (cd), and (hh) and (km) to organizations for the provision of any of the services specified in sub. (1) (d). Grants may be made to organizations which have provided those domestic abuse services in the past or to organizations which propose to provide those services in the future. No grant may be made to fund services for child or unborn child abuse or abuse of elderly persons.

AB100, s. 899 Section 899. 46.95 (2) (f) (intro.) of the statutes is amended to read: