SB40: Bill Text

SB40, s. 877 Section 877. 46.22 (3m) (b) 17. b. of the statutes is amended to read:

SB40,524,7 46.22 (3m) (b) 17. b. Such other reports as are required by the secretary of health and family services, the secretary of workforce development children and families, the secretary of corrections, and the county board of supervisors.

SB40, s. 878 Section 878. 46.23 (3) (a) of the statutes is amended to read:

SB40,524,18 46.23 (3) (a) Creation. Upon approval by the secretary of health and family services, by the secretary of corrections, and by the secretary of workforce development children and families of a feasibility study and a program implementation plan, the county board of supervisors of any county with a population of less than 500,000, or the county boards of supervisors of 2 or more contiguous counties, each of which has a population of less than 500,000, may establish by resolution a county department of human services on a single-county or multicounty basis to provide the services required under this section. The county department of human services shall consist of the county human services board, the county human services director and necessary personnel.

SB40, s. 879 Section 879. 46.23 (3) (am) 4. of the statutes is amended to read:

SB40,524,24 46.23 (3) (am) 4. No funds may be allocated to any multicounty department of human services until the counties have drawn up a detailed contractual agreement, approved by the secretary of health and family services, by the secretary of corrections, and by the secretary of workforce development children and families, setting forth the plan for joint sponsorship.

SB40, s. 880 Section 880. 46.23 (3) (e) of the statutes is amended to read:

SB40,525,17 46.23 (3) (e) Exchange of information; long-term care. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a subunit of a county department of human services or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of human services or tribal agency, with a resource center, a care management organization, or a family long-term care district, with an elder-adult-at-risk agency, an adult-at-risk agency, or any agency to which referral for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a) 1g., or with a person providing services to the client under a purchase of services contract with the county department of human services or tribal agency or with a resource center, a care management organization, or a family long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of human services or tribal agency to coordinate the delivery of services to the client. An agency that releases information under this paragraph shall document that a request for information was received and what information was provided.

SB40, s. 881 Section 881. 46.23 (3) (ed) of the statutes is amended to read:

SB40,525,25 46.23 (3) (ed) Exchange of information; statewide automated child welfare information system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) and (2) (a) 938.396 (1) and (2), and 938.78 (2) (a), a county department under this section may enter the content of any record kept or information received by that county department into the statewide automated child welfare information system established under s. 46.03 48.47 (7g).

SB40, s. 882 Section 882. 46.23 (5) (a) 1. of the statutes is amended to read:

SB40,526,8 46.23 (5) (a) 1. Shall determine administrative and program policies, except as provided under ch. 48 and subch. III of ch. 49 and except for juvenile delinquency-related policies, within limits established by the department of health and family services. Policy decisions, except as provided under ch. 48 and subch. III of ch. 49 and except for juvenile delinquency-related policies, not reserved by statute for the department of health and family services may be delegated by the secretary to the county human services board.

SB40, s. 883 Section 883. 46.23 (5) (a) 2. of the statutes is amended to read:

SB40,526,15 46.23 (5) (a) 2. Shall determine administrative and program policies under ch. 48 and subch. III of ch. 49 within limits established by the department of workforce development children and families. Policy decisions under ch. 48 and subch. III of ch. 49 not reserved by statute for the department of workforce development children and families may be delegated by the secretary of workforce development children and families to the county human services board.

SB40, s. 884 Section 884. 46.23 (5) (b) of the statutes is amended to read:

SB40,526,19 46.23 (5) (b) Shall establish priorities in addition to those mandated by the department of health and family services, the department of corrections , or the department of workforce development children and families.

SB40, s. 885 Section 885. 46.23 (5) (c) 1. of the statutes is amended to read:

SB40,526,25 46.23 (5) (c) 1. Shall determine whether state mandated services, except for services under ch. 48 and subch. III of ch. 49 and juvenile delinquency-related services, are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of services contracts shall be subject to the conditions specified in s. 46.036.

SB40, s. 886 Section 886. 46.23 (5) (c) 2. of the statutes is amended to read:

SB40,527,5 46.23 (5) (c) 2. Shall determine whether state mandated services under ch. 48 and subch. III of ch. 49 are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of services contracts shall be subject to the conditions specified in s. 49.34.

SB40, s. 887 Section 887. 46.23 (5) (n) 1. of the statutes is amended to read:

SB40,527,13 46.23 (5) (n) 1. Shall submit a final budget in accordance with s. 46.031 (1) for authorized services, except for services under ch. 48 and subch. III of ch. 49 and juvenile delinquency-related services. Notwithstanding the categorization of or limits specified for funds allocated under s. 46.495 or 51.423 (2), with the approval of the department of health and family services the county human services board may expend these funds consistent with any service provided under s. 46.495 or 51.42.

SB40, s. 888 Section 888. 46.23 (5) (n) 2. of the statutes is amended to read:

SB40,527,19 46.23 (5) (n) 2. Shall submit a final budget in accordance with s. 49.325 (1) for authorized services under ch. 48 and subch. III of ch. 49. Notwithstanding the categorization of or limits specified for funds allocated under s. 48.569, with the approval of the department of children and families the county human services board may expend these funds consistent with any service provided under s. 48.569.

SB40, s. 889 Section 889. 46.23 (5m) (c) of the statutes is amended to read:

SB40,528,5 46.23 (5m) (c) Prepare, with the assistance of the county human services director under sub. (6m) (e), a proposed budget for submission to the county executive or county administrator, a final budget for submission to the department of health and family services in accordance with s. 46.031 (1) for authorized services, except services under ch. 48 and subch. III of ch. 49 and juvenile delinquency-related services, a final budget for submission to the department of workforce development children and families in accordance with s. 49.325 for authorized services under ch. 48 and subch. III of ch. 49, and a final budget for submission to the department of corrections in accordance with s. 301.031 for authorized juvenile delinquency-related services.

SB40, s. 890 Section 890. 46.23 (6) (a) (intro.) of the statutes is amended to read:

SB40,528,18 46.23 (6) (a) (intro.) A county human services director appointed under sub. (5) (f) shall have all of the administrative and executive powers and duties of managing, operating, maintaining, and improving the programs of the county department of human services, subject to the rules promulgated by the department of health and family services for programs, except services or programs under ch. 48 and subch. III of ch. 49 and juvenile delinquency-related services or programs, subject to the rules promulgated by the department of workforce development children and families for services or programs under ch. 48 and subch. III of ch. 49, and subject to the rules promulgated by the department of corrections for juvenile delinquency-related services or programs. In consultation with the county human services board under sub. (5) and subject to its approval, the county human services director shall prepare:

SB40, s. 891 Section 891. 46.23 (6) (a) 3. of the statutes is amended to read:

SB40,528,24 46.23 (6) (a) 3. Such other reports as are required by the secretary of health and family services, by the secretary of corrections, or by the secretary of workforce development children and families and the county board of supervisors in a county with a single-county department of human services or the county boards of supervisors in counties with a multicounty department of human services.

SB40, s. 892 Section 892. 46.24 of the statutes is renumbered 48.375 (9) and amended to read:

SB40,529,9 48.375 (9) Assistance to minors concerning parental consent for abortion. If a minor who is contemplating an abortion requests assistance from a county department under s. 46.215, 46.22 or 46.23 in seeking the consent of the minor's parent, guardian, or legal custodian, or in seeking the consent of an adult family member, as defined in s. 48.375 (2) (b), for the contemplated abortion or in seeking a waiver from the circuit court, the county department shall provide assistance, including, if so requested, accompanying the minor as appropriate.

SB40, s. 893 Section 893. 46.247 of the statutes is renumbered 49.345 (14) (g) and amended to read:

SB40,529,19 49.345 (14) (g) Application of child support standard for certain children. For purposes of determining child support under s. 46.10 (14) par. (b), the department shall promulgate rules related to the application of the standard established by the department of workforce development under s. 49.22 (9) to a child support obligation for the care and maintenance of a child who is placed by a court order under s. 48.355 or 48.357 in a residential, nonmedical facility. The rules shall take into account the needs of any person, including dependent children other than the child, whom either parent is legally obligated to support.

SB40, s. 894 Section 894. 46.261 (title) of the statutes is renumbered 48.645 (title).

SB40, s. 895 Section 895. 46.261 (1) of the statutes is renumbered 48.645 (1).

SB40, s. 896 Section 896. 46.261 (2) (title) of the statutes is renumbered 48.645 (2) (title).

SB40, s. 897 Section 897. 46.261 (2) (a) (intro.) of the statutes is renumbered 48.645 (2) (a) (intro.).

SB40, s. 898 Section 898. 46.261 (2) (a) 1. of the statutes is renumbered 48.645 (2) (a) 1. and amended to read:

SB40,530,17 48.645 (2) (a) 1. A nonrelative who cares for the dependent child in a foster home or treatment foster home having a license under s. 48.62, in a foster home or treatment foster home located within the boundaries of a federally recognized American Indian reservation in this state and licensed by the tribal governing body of the reservation or in a group home licensed under s. 48.625, a subsidized guardian or interim caretaker under s. 48.62 (5) who cares for the dependent child, or a minor custodial parent who cares for the dependent child, regardless of the cause or prospective period of dependency. The state shall reimburse counties pursuant to the procedure under s. 46.495 48.569 (2) and the percentage rate of participation set forth in s. 46.495 48.569 (1) (d) for aid granted under this section except that if the child does not have legal settlement in the granting county, state reimbursement shall be at 100%. The county department under s. 46.215 or , 46.22, or 46.23 or the department under s. 48.48 (17) shall determine the legal settlement of the child. A child under one year of age shall be eligible for aid under this subsection irrespective of any other residence requirement for eligibility within this section.

SB40, s. 899 Section 899. 46.261 (2) (a) 2. of the statutes is renumbered 48.645 (2) (a) 2. and amended to read:

SB40,531,3 48.645 (2) (a) 2. A county or, in a county having a population of 500,000 or more, the department, on behalf of a child in the legal custody of a county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) or on behalf of a child who was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason when such the child is placed in a licensed child caring institution residential care center for children and youth by the county department or the department. Reimbursement shall be made by the state pursuant to as provided in subd. 1.

SB40, s. 900 Section 900. 46.261 (2) (a) 3. of the statutes is renumbered 48.645 (2) (a) 3. and amended to read:

SB40,531,16 48.645 (2) (a) 3. A county or, in a county having a population of 500,000 or more, the department, when the child is placed in a licensed foster home, treatment foster home, group home, or residential care center for children and youth or in a subsidized guardianship home by a licensed child welfare agency or by a federally recognized American Indian tribal governing body in this state or by its designee, if the child is in the legal custody of the county department under s. 46.215, 46.22, or 46.23 or the department under s. 48.48 (17) or if the child was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of the relative would be contrary to the child's welfare for any reason and the placement is made pursuant to under an agreement with the county department or the department.

SB40, s. 901 Section 901. 46.261 (2) (a) 4. of the statutes is renumbered 48.645 (2) (a) 4. and amended to read:

SB40,532,2 48.645 (2) (a) 4. A licensed foster home, treatment foster home, group home, or residential care center for children and youth or a subsidized guardianship home when the child is in the custody or guardianship of the state, when the child is a ward of an American Indian tribal court in this state and the placement is made under an agreement between the department and the tribal governing body, or when the child was part of the state's direct service case load and was removed from the home of a relative, as defined under s. 48.02 (15), as a result of a judicial determination that continuance in the home of a relative would be contrary to the child's welfare for any reason and the child is placed by the department.

SB40, s. 902 Section 902. 46.261 (2) (b) of the statutes is renumbered 48.645 (2) (b).

SB40, s. 903 Section 903. 46.261 (3) of the statutes is renumbered 48.645 (3).

SB40, s. 904 Section 904. 46.27 (4) (am) of the statutes is amended to read:

SB40,532,9 46.27 (4) (am) If a local long-term care council in a county the governing board of a resource center assumes under s. 46.282 (3) (b) 46.283 (6) (b) 10. the duties of the county long-term support planning committee under this subsection, the county long-term support planning committee for the county is dissolved.

SB40, s. 905 Section 905. 46.27 (4) (c) (intro.) of the statutes is amended to read:

SB40,532,15 46.27 (4) (c) (intro.) The planning committee shall develop, or, if a local long-term care council the governing board of a resource center has under s. 46.282 (3) (b) 46.283 (6) (b) 10. assumed the duties of the planning committee, the local long-term care council governing board of the resource center shall recommend a community options plan for participation in the program. The plan shall include:

SB40, s. 906 Section 906. 46.27 (4) (c) 5. of the statutes is amended to read:

SB40,532,21 46.27 (4) (c) 5. A description of the method to be used by the committee or, if a local long-term care council the governing board of a resource center has under s. 46.282 (3) (b) 46.283 (6) (b) 10. assumed the duties of the planning committee, the local long-term care council governing board of the resource center to monitor the implementation of the program.

SB40, s. 907 Section 907. 46.27 (4) (c) 8. of the statutes is amended to read:

SB40,532,25 46.27 (4) (c) 8. If a contract with an entity under s. 46.281 (1) (e) 1. 46.284 (2) is established in the county, a description of how the activities of the entity relate to and are coordinated with the county's proposed program.

SB40, s. 908 Section 908. 46.27 (5) (am) of the statutes is amended to read:

SB40,533,14 46.27 (5) (am) Organize assessment activities specified in sub. (6). The county department or aging unit shall utilize persons for each assessment who can determine the needs of the person being assessed and who know the availability within the county of services alternative to placement in a nursing home. If any hospital patient is referred to a nursing home for admission, these persons shall work with the hospital discharge planner in performing the activities specified in sub. (6). The county department or aging unit shall coordinate the involvement of representatives from the county departments under ss. 46.215, 46.22, 51.42 and 51.437, health service providers and the county commission on aging in the assessment activities specified in sub. (6), as well as the person being assessed and members of the person's family or the person's guardian. This paragraph does not apply to a county department or aging unit in a county in which the department has contracted with an entity under s. 46.281 (1) (e) 1 46.284 (2).

SB40, s. 909 Section 909. 46.27 (5) (j) of the statutes is created to read:

SB40,533,19 46.27 (5) (j) Within the time period specified by the department, offer counseling, that is specified by the department, concerning public and private benefit programs to prospective residents of community-based residential facilities who are referred to the county department or aging unit under s. 50.035 (4n).

SB40, s. 910 Section 910. 46.27 (6) (a) 3. of the statutes is amended to read:

SB40,534,4 46.27 (6) (a) 3. In each participating county, except in counties in which the department has contracted with an entity under s. 46.281 (1) (e) 1. 46.284 (2), assessments shall be conducted for those persons and in accordance with the procedures described in the county's community options plan. The county may elect to establish assessment priorities for persons in target groups identified by the county in its plan regarding gradual implementation. If a person who is already admitted to a nursing home requests an assessment and if funds allocated for assessments under sub. (7) (am) are available, the county shall conduct the assessment.

SB40, s. 911 Section 911. 46.27 (6g) (intro.) of the statutes is amended to read:

SB40,534,10 46.27 (6g) Fiscal responsibility. (intro.) Except as provided in s. 51.40, and within the limitations under sub. (7) (b), the fiscal responsibility of a county for an assessment, unless the assessment is performed by an entity under a contract as specified under s. 46.281 (1) (e) 1. 46.284 (2), case plan, or services provided to a person under this section is as follows:

SB40, s. 912 Section 912. 46.27 (6u) (c) 1. a. of the statutes is amended to read:

SB40,534,13 46.27 (6u) (c) 1. a. Eligible for medical assistance under s. 49.46, 49.468 or, 49.47, or 49.471 (4) (a).

SB40, s. 913 Section 913. 46.27 (6u) (d) (intro.) of the statutes is amended to read:

SB40,534,20 46.27 (6u) (d) (intro.) In determining financial eligibility under par. (c) 1. and in calculating the amount under par. (c) 2., the county department or aging unit shall include as the assets for any person, except those persons who are eligible for medical assistance under s. 49.46, 49.468 or, 49.47, or 49.471 (4) (a), any portion of assets that the person or the person's spouse has, after August 12, 1993, transferred to another as specified in par. (b), unless one of the following conditions applies:

SB40, s. 914 Section 914. 46.27 (7) (am) of the statutes is amended to read:

SB40,535,5 46.27 (7) (am) From the appropriation under s. 20.435 (7) (bd), the department shall allocate funds to each county or private nonprofit agency with which the department contracts to pay assessment and case plan costs under sub. (6) not otherwise paid by fee or under s. 49.45 or 49.78 (2). The department shall reimburse counties for the cost of assessing persons eligible for medical assistance under s. 49.46, 49.468, or 49.47, or 49.471 (4) (a) as part of the administrative services of medical assistance, payable under s. 49.45 (3) (a). Counties may use unspent funds allocated under this paragraph to pay the cost of long-term community support services and for a risk reserve under par. (fr).

SB40, s. 915 Section 915. 46.27 (7) (b) of the statutes is amended to read:

SB40,535,20 46.27 (7) (b) From the appropriations under s. 20.435 (7) (bd) and (im), the department shall allocate funds to each county to pay the cost of providing long-term community support services under sub. (5) (b) not otherwise paid under s. 49.45 to persons eligible for medical assistance under s. 49.46 or , 49.47, or 49.471 (4) (a) or to persons whom the county department or aging unit administering the program finds likely to become medically indigent within 6 months by spending excess income or assets for medical or remedial care. The average per person reimbursement under this paragraph may not exceed the state share of the average per person payment rate the department expects under s. 49.45 (6m). The county department or aging unit administering the program may spend funds received under this paragraph only in accordance with the case plan and service contract created for each person receiving long-term community support services. Counties may use unspent funds allocated under this paragraph from the appropriation under s. 20.435 (7) (bd) for a risk reserve under par. (fr).

SB40, s. 916 Section 916. 46.27 (7) (cj) 3. a. of the statutes is repealed.

SB40, s. 917 Section 917. 46.27 (7) (fr) 3. c. of the statutes is amended to read:

SB40,535,24 46.27 (7) (fr) 3. c. If approved by a resolution of the county board of supervisors, to transfer funds to a family long-term care district.

SB40, s. 918 Section 918. 46.27 (9) (a) of the statutes is amended to read:

SB40,536,9 46.27 (9) (a) The department may select up to 5 counties that volunteer to participate in a pilot project under which they will receive certain funds allocated for long-term care. The department shall allocate a level of funds to these counties equal to the amount that would otherwise be paid under s. 20.435 (4) (b), (gp), or (w), or (xd) to nursing homes for providing care because of increased utilization of nursing home services, as estimated by the department. In estimating these levels, the department shall exclude any increased utilization of services provided by state centers for the developmentally disabled. The department shall calculate these amounts on a calendar year basis under sub. (10).

SB40, s. 919 Section 919. 46.27 (9) (c) of the statutes is amended to read:

SB40,536,16 46.27 (9) (c) All long-term community support services provided under this pilot project in lieu of nursing home care shall be consistent with those services described in the participating county's community options plan under sub. (4) (c) 1. and provided under sub. (5) (b). Unless the department has contracted under s. 46.281 (1) (e) 1. 46.284 (2) with an entity other than the county department, each county participating in the pilot project shall assess persons under sub. (6).

SB40, s. 920 Section 920. 46.27 (10) (a) 1. of the statutes is amended to read:

SB40,536,23 46.27 (10) (a) 1. The department shall determine for each county participating in the pilot project under sub. (9) a funding level of state medical assistance expenditures to be received by the county. This level shall equal the amount that the department determines would otherwise be paid under s. 20.435 (4) (b), (gp), or (w), or (xd), or because of increased utilization of nursing home services, as estimated by the department.

SB40, s. 921 Section 921. 46.27 (11) (c) 5n. a. of the statutes is repealed.

SB40, s. 922 Section 922. 46.275 (1m) (a) of the statutes is amended to read:

SB40,537,2 46.275 (1m) (a) "Medical assistance" means aid provided under subch. IV of ch. 49, except s. ss. 49.468 and 49.471.

SB40, s. 923 Section 923. 46.275 (5) (a) of the statutes is amended to read:

SB40,537,9 46.275 (5) (a) Medical Assistance reimbursement for services a county, or the department under sub. (3r), provides under this program is available from the appropriation accounts under s. 20.435 (4) (b), (gp), (o), and (w), and (xd). If 2 or more counties jointly contract to provide services under this program and the department approves the contract, Medical Assistance reimbursement is also available for services provided jointly by these counties.

SB40, s. 924 Section 924. 46.275 (5) (c) of the statutes is amended to read:

SB40,537,17 46.275 (5) (c) The total allocation under s. 20.435 (4) (b), (gp), (o), and (w), and (xd) 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.

SB40, s. 925 Section 925. 46.275 (5m) of the statutes is repealed.