AB40: Bill Text

AB40, s. 1278 Section 1278 . 46.215 (1) (intro.) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,616,2 46.215 (1) Creation; powers and duties. (intro.) In a county with a population of 500,000 or more the administration of welfare services, other than child welfare services under s. 48.48 (17) administered by the department and except as provided in ss. 49.155 (3g), 49.78 (1m), 49.825, and 49.826, is vested in a county department of social services under the jurisdiction of the county board of supervisors under s. 46.21 (2m) (b) 1. a. Any reference in any law to a county department of social services under this section applies to a county department under s. 46.21 (2m) in its administration under s. 46.21 (2m) of the powers and duties of the county department of social services. Except as provided in ss. 49.155 (3g), 49.78 (1m), 49.825, and 49.826, the county department of social services shall have the following functions, duties, and powers, and such other welfare functions as may be delegated to it:

AB40, s. 1279 Section 1279. 46.215 (1) (k) of the statutes is amended to read:

AB40,616,8 46.215 (1) (k) Certify eligibility for and issue food coupons benefits to needy households in conformity with the federal food stamp act of 1964 supplemental nutrition assistance program under 7 USC 2011 to 2036, as amended, and, in addition, the county department of social services may certify eligibility for and distribute surplus commodities and food stuffs.

AB40, s. 1280 Section 1280. 46.215 (1) (L) of the statutes is amended to read:

AB40,616,14 46.215 (1) (L) Within the limits of available state and federal funds and of county funds appropriated to match state funds, to provide social services for persons eligible for or receiving benefits under the supplementary security income program under federal Title XVI, the supplemental payments program under s. 49.77 49.39 or aid to families with dependent children under s. 49.19.

AB40, s. 1281 Section 1281. 46.215 (1) (t) of the statutes is created to read:

AB40,616,20 46.215 (1) (t) At the discretion of the county board of supervisors, to combine with one or more other counties to establish a county department of social services on a multicounty basis. A multicounty department of social services established under this paragraph shall meet the requirements for a county department of human services under this section.

AB40, s. 1282 Section 1282. 46.215 (2) (c) 3. of the statutes is amended to read:

AB40,617,6 46.215 (2) (c) 3. A county department of social services shall develop, under the requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related care and services to be purchased. The department of corrections may review the contracts and approve them if they are consistent with s. 301.08 (2) and if state or federal funds are available for such purposes. The joint committee on finance may require the department of corrections to submit the contracts to the committee for review and approval. The department of corrections may not make any payments to a county for programs included in a contract under review by the committee. The department of corrections shall reimburse each county for the contracts from the appropriations under s. 20.410 (3) (cd), (ko), and (o) and (ko) as appropriate.

AB40, s. 1283 Section 1283. 46.22 (1) (a) of the statutes is amended to read:

AB40,617,13 46.22 (1) (a) Creation. Except as provided under s. 46.23 (3) (b), the county board of supervisors of any county with a population of less than 500,000, or the county boards of 2 or more contiguous counties each with a population of less than 500,000, shall establish a county department of social services on a single-county or multicounty basis. The county department of social services shall consist of a county social services board, a county social services director and necessary personnel.

AB40, s. 1284 Section 1284. 46.22 (1) (b) 1. (intro.) of the statutes is amended to read:

AB40,617,18 46.22 (1) (b) 1. (intro.) The Except as provided in s. 49.78 (1m), the county department of social services shall have the following functions, duties and powers in accordance with the rules promulgated by the department of health services and subject to the supervision of the department of health services:

AB40, s. 1285 Section 1285. 46.22 (1) (b) 1. c. of the statutes is renumbered 46.22 (1) (b) 2. h. and amended to read:

AB40,618,2 46.22 (1) (b) 2. h. Within the limits of available state and federal funds and of county funds appropriated to match state funds, to provide social services for persons eligible for or receiving supplemental security aids under Title XVI of the social security act, eligible for or receiving state supplemental payments under s. 49.77 49.39 or eligible for or receiving aid to families with dependent children under s. 49.19.

AB40, s. 1286 Section 1286. 46.22 (1) (b) 2. d. of the statutes is repealed.

AB40, s. 1287 Section 1287. 46.22 (1) (d) of the statutes is amended to read:

AB40,618,11 46.22 (1) (d) Merit system; records. The county department of social services is subject to s. 49.78 (4) to (7) 49.19 (19g). The county department of social services and all county officers and employees performing any duties in connection with the administration of aid to families with dependent children shall observe all rules promulgated by the department of children and families under s. 49.78 (4) 49.19 (19g) (a) and shall keep records and furnish reports as the department of children and families requires in relation to their performance of such duties.

AB40, s. 1288 Section 1288. 46.22 (1) (e) 3. c. of the statutes is amended to read:

AB40,618,23 46.22 (1) (e) 3. c. A county department of social services shall develop, under the requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related care and services to be purchased. The department of corrections may review the contracts and approve them if they are consistent with s. 301.08 (2) and to the extent that state or federal funds are available for such purposes. The joint committee on finance may require the department of corrections to submit the contracts to the committee for review and approval. The department of corrections may not make any payments to a county for programs included in the contract that is under review by the committee. The department of corrections shall reimburse each county for the contracts from the appropriations under s. 20.410 (3) (cd), (ko), and (o) and (ko) as appropriate.

AB40, s. 1289 Section 1289. 46.22 (2) (b) of the statutes is amended to read:

AB40,619,5 46.22 (2) (b) Appoint the county social services director under sub. (3) subject to s. 49.78 (4) to (7) 49.19 (19g) and the rules promulgated thereunder and subject to the approval of the county board of supervisors in a county with a single-county department of social services or the county boards of supervisors in counties with a multicounty department of social services.

AB40, s. 1290 Section 1290. 46.22 (3m) (a) of the statutes is amended to read:

AB40,619,14 46.22 (3m) (a) In any county with a county executive or a county administrator that has established a single-county department of social services, the county executive or county administrator, subject to s. 49.78 (4) to (7) 49.19 (19g) and the rules promulgated thereunder, shall appoint and supervise the county social services director. The appointment is subject to the confirmation of the county board of supervisors unless the county board of supervisors, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63.

AB40, s. 1291 Section 1291. 46.23 (3) (a) of the statutes is amended to read:

AB40,619,24 46.23 (3) (a) Creation. Upon approval by the secretary of health services, by the secretary of corrections, and by the secretary of 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.

AB40, s. 1292 Section 1292. 46.27 (7) (am) of the statutes is amended to read:

AB40,620,9 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 who are eligible for medical assistance under s. 49.46, 49.468, 49.47, or 49.471 (4) (a) as part of the administrative services of medical assistance, payable, as provided 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).

AB40, s. 1293 Section 1293. 46.27 (9) (a) of the statutes is amended to read:

AB40,620,19 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), (gm), or (w) 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).

AB40, s. 1294 Section 1294. 46.27 (10) (a) 1. of the statutes is amended to read:

AB40,621,2 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), (gm), or (w) because of increased utilization of nursing home services, as estimated by the department.

AB40, s. 1295 Section 1295. 46.275 (5) (a) of the statutes is amended to read:

AB40,621,9 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), (gm), (o), and (w). 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.

AB40, s. 1296 Section 1296. 46.275 (5) (c) of the statutes is amended to read:

AB40,621,17 46.275 (5) (c) The total allocation under s. 20.435 (4) (b), (gm), (o), 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.

AB40, s. 1297 Section 1297. 46.278 (6) (d) of the statutes is amended to read:

AB40,621,24 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 accounts under s. 20.435 (4) (b), (gm), or (w).

AB40, s. 1298 Section 1298. 46.2785 (5) (a) of the statutes is amended to read:

AB40,622,3 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), (gm), and (o).

AB40, s. 1299 Section 1299. 46.281 (3) of the statutes is amended to read:

AB40,622,13 46.281 (3) Duty of the secretary. The secretary shall certify to each county, hospital, nursing home, community-based residential facility, adult family home, as defined in s. 50.01 (1) (a) or (b), and residential care apartment complex the date on which a resource center that serves the area of the county, hospital, nursing home, community-based residential facility, adult family home, or residential care apartment complex is first available to perform functional screenings and financial and cost-sharing screenings. To facilitate phase-in of services of resource centers, the secretary may certify that the resource center is available for specified groups of eligible individuals or for specified facilities in the county.

AB40, s. 1300 Section 1300. 46.283 (3) (k) of the statutes is amended to read:

AB40,622,17 46.283 (3) (k) A determination of eligibility for state supplemental payments under s. 49.77 49.39, medical assistance under s. 49.46, 49.468, 49.47, or 49.471, or the federal food stamp program under 7 USC 2011 to 2029.

AB40, s. 1301 Section 1301 . 46.283 (3) (k) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,622,23 46.283 (3) (k) A determination of eligibility for state supplemental payments under s. 49.39, medical assistance under s. 49.46, 49.468, 49.47, or 49.471, or the federal food stamp supplemental nutrition assistance program under 7 USC 2011 to 2029 2036.

AB40, s. 1302 Section 1302. 46.283 (4) (e) of the statutes is amended to read:

AB40,623,10 46.283 (4) (e) Provide information about the services of the resource center, including the services specified in sub. (3) (d), about assessments under s. 46.284 (4) (b) and care plans under s. 46.284 (4) (c), and about the family care benefit and the self-directed services option to all older persons and adults with a physical or developmental disability who are residents of nursing homes, community-based residential facilities, adult family homes, as defined in s. 50.01 (1) (a) or (b), and residential care apartment complexes in the area of the resource center when the benefit under s. 46.286 first becomes available in the county where the nursing home, community-based residential facility, adult family home, or residential care apartment complex is located.

AB40, s. 1303 Section 1303. 46.283 (4) (g) of the statutes is amended to read:

AB40,623,25 46.283 (4) (g) Perform a functional screening and a financial and cost-sharing screening for any person seeking admission to a nursing home, community-based residential facility, residential care apartment complex, or adult family home, as defined in s. 50.01 (1) (a) or (b), if the secretary has certified that the resource center is available to the person and the facility and the person is determined by the resource center to have a condition that is expected to last at least 90 days that would require care, assistance, or supervision. A resource center may not require a financial and cost-sharing screening for a person seeking admission or about to be admitted on a private pay basis who waives the requirement for a financial and cost-sharing screening under this paragraph, unless the person is expected to become eligible for medical assistance within 6 months. A resource center need not perform a functional screening for a person seeking admission or about to be admitted for whom a functional screening was performed within the previous 6 months.

AB40, s. 1304 Section 1304. 46.283 (5) of the statutes is amended to read:

AB40,624,5 46.283 (5) Funding. From the appropriation accounts under s. 20.435 (4) (b), (bm), (gm), (pa), 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.

AB40, s. 1305 Section 1305. 46.284 (5) (a) of the statutes is amended to read:

AB40,624,13 46.284 (5) (a) From the appropriation accounts under s. 20.435 (4) (b), (g), (gm), (im), (o), and (w) and (7) (b), (bd), and (g), 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.

AB40, s. 1306 Section 1306. 46.29 (3) (e) of the statutes is amended to read:

AB40,624,15 46.29 (3) (e) The secretary of commerce safety and professional services.

AB40, s. 1307 Section 1307. 46.40 (9) (d) of the statutes is amended to read:

AB40,624,23 46.40 (9) (d) Payment adjustments for certain Medical Assistance services. The department may decrease a county's allocation under sub. (2) by the amount of any payment adjustments under s. 49.45 (52) (a) made for that county from the appropriation account under s. 20.435 (7) (b) for services described under s. 49.45 (52) (a) 1. The total amount of the decrease for a county under this paragraph during any fiscal year may not exceed that part of the county's allocation under sub. (2) that derives from the appropriation account under s. 20.435 (7) (b) for that fiscal year.

AB40, s. 1308 Section 1308. 46.40 (9) (e) of the statutes is created to read:

AB40,625,5 46.40 (9) (e) Adjustment for income maintenance programs. In each fiscal year, beginning in fiscal year 2012-13, the department shall decrease a county's allocation under sub. (2) from the appropriation under s. 20.435 (7) (b) by the amount that the department determines the county expended in calendar year 2009 to provide income maintenance programs, as defined in s. 49.78 (1) (b).

AB40, s. 1309 Section 1309. 46.48 (1) of the statutes is amended to read:

AB40,625,9 46.48 (1) General. From the appropriation accounts under s. 20.435 (5) (bc) and (7) (bc), the department shall award grants for community programs as provided in this section subs. (4) to (30).

AB40, s. 1310 Section 1310. 46.48 (31) of the statutes is created to read:

AB40,625,14 46.48 (31) Brighter futures initiative. From the appropriation account under s. 20.435 (5) (bc), the department shall transfer not more than $865,000 in each fiscal year to the appropriation account under s. 20.437 (1) (kb) to award grants under s. 48.545.

AB40, s. 1311 Section 1311. 46.90 (1) (gr) 3. of the statutes is amended to read:

AB40,625,17 46.90 (1) (gr) 3. The department of regulation and licensing safety and professional services.

AB40, s. 1312 Section 1312. 46.90 (5m) (br) 5. of the statutes is amended to read:

AB40,625,22 46.90 (5m) (br) 5. Refer the case to the department of regulation and licensing safety and professional services if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 460.

AB40, s. 1313 Section 1313. 46.99 (3) of the statutes is amended to read:

AB40,626,3 46.99 (3) If the waiver requested under sub. (2) is granted, counties shall provide to the department the nonfederal share of costs for medical assistance services provided under the waiver. Counties may use moneys appropriated under s. 20.435 (7) (bt) and distributed to counties under s. 51.44 (3) (a) to provide the nonfederal share of medical assistance costs.

AB40, s. 1314 Section 1314. 46.99 (3m) of the statutes is created to read:

AB40,626,7 46.99 (3m) If the waiver requested under sub. (2) is granted, counties shall provide to the department the nonfederal share of the cost incurred by an entity to administer the waiver program under this section.

AB40, s. 1315 Section 1315. 46.99 (4) of the statutes is amended to read:

AB40,626,15 46.99 (4) From the appropriation account under s. 20.435 (4) (o), the department shall may distribute to counties that provide services under this section the amount of federal moneys received by the state as the federal share of medical assistance for those services, minus the amount transferred to the appropriation account under s. 20.435 (7) (im) for the department's costs of administering this section. Counties shall use moneys distributed under this section to provide services under this section or s. 51.44.

AB40, s. 1316 Section 1316. 46.995 of the statutes is created to read:

AB40,626,21 46.995 Disabled children's long-term support program; local funding. (1) A county shall provide to the department the nonfederal share of the cost incurred by an entity to administer services provided without state funding under the disabled children's long-term support program for a child enrolled in the program after December 31, 2010.

AB40,626,24 (2) A county shall provide to the department the nonfederal share of the cost of services provided without state funding under the disabled children's long-term support program.

AB40, s. 1317 Section 1317. 47.03 (11) (a) of the statutes is amended to read:

AB40,627,9 47.03 (11) (a) The department shall provide services, including vocational training, craft instruction and a supervised business initiatives program for persons with severe disabilities who are eligible for vocational rehabilitation services. Under this subsection, the department may own, lease, manage, supervise or operate businesses for the benefit of persons with severe disabilities, including home-based employment and craft work, with the ultimate objective of enabling persons with severe disabilities to operate their own businesses. The department shall assist persons with severe disabilities who receive these services in marketing the finished products.

AB40, s. 1318 Section 1318. 47.03 (11) (c) of the statutes is repealed.

AB40, s. 1319 Section 1319. 47.03 (11) (d) of the statutes is repealed.

AB40, s. 1320 Section 1320. 47.03 (11) (e) of the statutes is repealed.

AB40, s. 1321 Section 1321. 48.345 (12) (a) 1. of the statutes is amended to read:

AB40,627,16 48.345 (12) (a) 1. A nonresidential educational program , including a program for children at risk under s. 118.153, provided by the school district in which the child resides.

AB40, s. 1322 Section 1322. 48.487 (4m) (a) 2. of the statutes is amended to read:

AB40,627,19 48.487 (4m) (a) 2. "Dropout" has the meaning given under s. 118.153 (1) (b) 115.001 (2m).