SB40: Bill Text

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.

SB40, s. 926 Section 926. 46.277 (1m) (a) of the statutes is amended to read:

SB40,537,21 46.277 (1m) (a) "Medical assistance" means aid provided under subch. IV of ch. 49, except s. ss. 49.468 and 49.471.

SB40, s. 927 Section 927. 46.277 (3) (d) of the statutes is created to read:

SB40,538,2 46.277 (3) (d) The county department or aging unit that administers the program under this section shall, 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. 928 Section 928. 46.277 (5) (d) 1n. a. of the statutes is repealed.

SB40, s. 929 Section 929. 46.277 (5) (g) 3. of the statutes is amended to read:

SB40,538,18 46.277 (5) (g) 3. If it is likely that the number of individuals for whom an enhanced reimbursement for services is provided under subd. 1. and who are diverted from imminent entry into nursing homes will exceed 150, the department may submit a request to the joint committee on finance secretary of administration for approval to provide enhanced reimbursement for services provided under subd. 1. for diversion from imminent entry into nursing homes for a number of individuals in excess of 150. Notwithstanding s. 13.101 (3) (a), the committee is not required to find that an emergency exists. If the cochairpersons of the committee do not notify the secretary within 14 working days after the date of the department's submittal that the committee intends to schedule a meeting to review the request, approval of the request is granted. If, within 14 working days after the date of the department's request submittal, the cochairpersons of the committee notify the secretary that the committee intends to schedule a meeting to review the request, the request may be granted only as approved by the committee.

SB40, s. 930 Section 930. 46.278 (1m) (b) of the statutes is amended to read:

SB40,538,21 46.278 (1m) (b) "Medical assistance" means aid provided under subch. IV of ch. 49, except s. ss. 49.468 and 49.471.

SB40, s. 931 Section 931. 46.278 (6) (d) of the statutes is amended to read:

SB40,539,3 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 account under s. 20.435 (4) (b) or, (w), or (xd).

SB40, s. 932 Section 932. 46.2785 (5) (a) of the statutes is amended to read:

SB40,539,7 46.2785 (5) (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), and (xd).

SB40, s. 933 Section 933. 46.28 (1) (f) of the statutes is amended to read:

SB40,539,10 46.28 (1) (f) "Victim of domestic abuse" means an individual who has encountered domestic abuse, as defined in s. 46.95 49.165 (1) (a).

SB40, s. 934 Section 934. 46.2803 (2) of the statutes is created to read:

SB40,539,18 46.2803 (2) Notwithstanding s. 46.27 (7), a county in which a care management organization is operating pursuant to a contract under s. 46.284 (2) or a county in which a program described under s. 46.2805 (1) (a) or (b) is administered may use funds appropriated under 20.435 (7) (bd) and allocated to the county under s. 46.27 (7) to provide community mental health or substance abuse services and supports for persons with mental illness or persons in need of services or supports for substance abuse and to provide services under the Family Support Program under s. 46.985.

SB40, s. 935 Section 935. 46.2804 (title) of the statutes is amended to read:

SB40,539,21 46.2804 (title) Managed care programs for Client management of managed care long-term care services benefit.

SB40, s. 936 Section 936. 46.2804 (1) of the statutes is repealed.

SB40, s. 937 Section 937. 46.2804 (2) of the statutes is renumbered 46.2804.

SB40, s. 938 Section 938. 46.2805 (5) of the statutes is renumbered 46.2805 (7r) and amended to read:

SB40,540,2 46.2805 (7r) "Family Long-term care district" means a special purpose district created under s. 46.2895 (1).

SB40, s. 939 Section 939. 46.2805 (6) of the statutes is renumbered 46.2805 (7u) and amended to read:

SB40,540,6 46.2805 (7u) "Family Long-term care district board" means the governing board of a family long-term care district.

SB40, s. 940 Section 940. 46.2805 (6m) of the statutes is created to read:

SB40,540,10 46.2805 (6m) "Family member" means a spouse or an individual related by blood, marriage, or adoption within the 3rd degree of kinship as computed under s. 990.001 (16).

SB40, s. 941 Section 941. 46.2805 (6r) of the statutes is created to read:

SB40,540,14 46.2805 (6r) "Financial and cost-sharing screening" means a screening to determine financial eligibility under s. 46.286 (1) (b) and cost-sharing under s. 46.286 (2) using a uniform tool prescribed by the department.

SB40, s. 942 Section 942. 46.2805 (6v) of the statutes is created to read:

SB40,540,19 46.2805 (6v) "Frail elder" means an individual who is 65 years of age or older and has a physical disability or irreversible dementia that restricts the individual's ability to perform normal daily tasks or that threatens the capacity of the individual to live independently.

SB40, s. 943 Section 943. 46.2805 (7) of the statutes is amended to read:

SB40,540,24 46.2805 (7) "Functional and financial screen screening" means a screen prescribed by the department that is used screening to determine functional eligibility under s. 46.286 (1) (a) and financial eligibility under s. 46.286 (1) (b) using a uniform tool prescribed by the department.

SB40, s. 944 Section 944. 46.2805 (7m) of the statutes is repealed.