SB21,653,118 (h) Funds allocated under this subsection may not be used to replace any other
9state and federal funds or any county funds that are currently being provided under
10any program to a family whose child is receiving services through the children's
11community options program.
SB21,653,16 12(14) Medical assistance waiver. (a) The department may request a waiver
13from the federal department of health and human services authorizing the
14department to provide as part of the Medical Assistance program services for persons
15who are eligible for children's long-term support community options program
16services under sub. (7) (b).
SB21,653,2117 (b) 1. Medical assistance reimbursement for services a county or a private
18nonprofit agency, or with which the department contracts provides under this
19subsection shall be made from the appropriations under s. 20.435 (4) (bd) and (o) and
20(7) (b). Payments made under sub. (13) (a) may be used as the state share for
21purposes of Medical Assistance reimbursement.
SB21,653,2322 3. The department may contract for services under this subsection with a
23county or a private nonprofit agency.
SB21,654,224 4. No county or private nonprofit agency may use funds received under this
25subsection to provide residential services in a group home, as defined in s. 48.02 (7),

1that has more than 5 beds, unless the department approves the provision of services
2in a group home that has 6 to 8 beds.
SB21,654,53 (c) If a county department or private nonprofit agency providing services under
4this subsection is certified under s. 49.45 (37) (a), the waiver under s. 49.45 (37), if
5in effect, applies to plans of care for children receiving services under this subsection.
SB21,654,9 6(15) Right to hearing. A child who is denied eligibility for services or whose
7services are reduced or terminated under this section may request a hearing from the
8department under s. 227.44, except that lack of adequate funding may not serve as
9the basis for a request under this subsection.
SB21,1536 10Section 1536. 46.277 (5g) (b) of the statutes is renumbered 46.277 (5g) (b)
11(intro.) and amended to read:
SB21,654,1512 46.277 (5g) (b) (intro.) This section does not apply to the delicensure of a bed
13of an institution for mental diseases of an individual who is aged 21 to 64, who has
14a primary diagnosis of mental illness and who otherwise meets any of the following
15requirements of s. 46.266 (1) (a), (b) or (c).:
SB21,1537 16Section 1537. 46.277 (5g) (b) 1. and 2. of the statutes are created to read:
SB21,654,2117 46.277 (5g) (b) 1. A person who resided in the facility on the date of the finding
18that a skilled nursing facility or intermediate care facility that provides care to
19Medical Assistance recipients to be an institution for mental diseases whose care in
20the facility is disallowed for federal financial participation under Medical
21Assistance.
SB21,655,222 2. A person who is aged 21 to 64, who has a primary diagnosis of mental illness,
23who would meet the level of care requirements for Medical Assistance
24reimbursement in a skilled nursing facility or intermediate care facility but for a

1finding that the facility is an institution for mental diseases, and for whom services
2would be provided in place of a person specified in subd. 1. who discontinues services.
SB21,1538 3Section 1538. 46.28 (1) (a) of the statutes is amended to read:
SB21,655,54 46.28 (1) (a) "Authority" means the Forward Wisconsin Housing and Economic
5Development Authority created under ch. 234 235.
SB21,1539 6Section 1539. 46.28 (3) of the statutes is amended to read:
SB21,655,87 46.28 (3) The department may authorize the authority to issue revenue bonds
8under s. 234.61 235.61 to finance any residential facility it approves under sub. (2).
SB21,1540 9Section 1540. 46.28 (4) of the statutes is amended to read:
SB21,655,1210 46.28 (4) The department may charge sponsors for administrative costs and
11expenses it incurs in exercising its powers and duties under this section and under
12s. 234.61 235.61.
SB21,1541 13Section 1541. 46.2803 (1) of the statutes is amended to read:
SB21,655,2114 46.2803 (1) In order to facilitate the transition to the long-term care system
15specified in ss.
family care program as defined in s. 46.2805 to 46.2895 (4m), within
16the limits of applicable federal statutes and regulations and if the secretary of health
17services finds it necessary, he or she may grant a county limited waivers to or
18exemptions from ss. 46.27 (3) (e) (intro.), 1. and 2. and (f), (5) (d) and (e), (6) (a) 1., 2.
19and 3. and (b) (intro.), 1. and 2., (6r) (c), (7) (b), (cj) and (cm) and (11) (c) 5m. (intro.)
20and 6. and 46.277 (3) (a), (4) (a) and (5) (d) 1m., 1n. and 2. and rules promulgated
21under those provisions.
SB21,1542 22Section 1542. 46.2803 (2) of the statutes is amended to read:
SB21,656,523 46.2803 (2) Notwithstanding s. 46.27 (7), a county in which a care management
24organization is operating pursuant to a contract under s. 46.284 (2) or a county in
25which a program described under s. 46.2805 (1) (a) (4k) or (b) (9m) is administered

1may use funds appropriated under s. 20.435 (7) (4) (bd) and allocated to the county
2under s. 46.27 (7) to provide community mental health or substance abuse services
3and supports for persons with mental illness or persons in need of services or
4supports for substance abuse and to provide services under the Family Support
5Program under s. 46.985.
SB21,1543 6Section 1543 . 46.2803 (2) of the statutes, as affected by 2015 Wisconsin Act
7.... (this act), is amended to read:
SB21,656,148 46.2803 (2) Notwithstanding s. 46.27 (7), a county in which a care management
9organization is operating pursuant to a contract under s. 46.284 (2) or a county in
10which a program described under s. 46.2805 (4k) or (9m) is administered may use
11funds appropriated under s. 20.435 (4) (bd) and allocated to the county under s. 46.27
12(7) to provide community mental health or substance abuse services and supports for
13persons with mental illness or persons in need of services or supports for substance
14abuse and to provide services under the Family Support Program under s. 46.985.
SB21,1544 15Section 1544. 46.2804 of the statutes is repealed.
SB21,1545 16Section 1545. 46.2805 (intro.) of the statutes is amended to read:
SB21,656,18 1746.2805 Definitions; long-term care. (intro.) In ss. 46.2805 to 46.2895
1846.288:
SB21,1546 19Section 1546. 46.2805 (1) (intro.) of the statutes is amended to read:
SB21,656,2120 46.2805 (1) (intro.) "Care management organization" means all of the
21following:
SB21,657,2 22(cm) Before January 1, 2017, or the date specified in 2015 Wisconsin Act ....
23(this act), section 9118 (9), whichever is later,
an entity that is certified as meeting
24the requirements for a care management organization under s. 46.284 (3) and that

1has a contract under s. 46.284 (2). "Care management organization" does not mean
2an entity that contracts with the department to operate one of the following:
SB21,1547 3Section 1547. 46.2805 (1) (a) of the statutes is repealed.
SB21,1548 4Section 1548. 46.2805 (1) (b) of the statutes is repealed.
SB21,1549 5Section 1549. 46.2805 (1) (dm) of the statutes is created to read:
SB21,657,106 46.2805 (1) (dm) Beginning on January 1, 2017, or the date specified in 2015
7Wisconsin Act .... (this act), section 9118 (9 ), whichever is later, an insurer that is
8licensed and in compliance with the applicable provisions of chs. 600 to 646, that is
9certified as meeting the requirements for a care management organization under s.
1046.284 (3), and that has a contract under s. 46.284 (2).
SB21,1550 11Section 1550. 46.2805 (4) of the statutes is amended to read:
SB21,657,1512 46.2805 (4) "Family care benefit" means financial assistance for long-term
13care and support items for an enrollee and any financial assistance, as specified by
14the department, for primary and acute health care services under s. 49.46 (2) for an
15enrollee
.
SB21,1551 16Section 1551. 46.2805 (4k) of the statutes is created to read:
SB21,657,1917 46.2805 (4k) "Family Care Partnership Program" means an integrated health
18and long-term care program operated under an amendment to the state Medical
19Assistance plan under 42 USC 1396u-2 and a waiver under 42 USC 1396n (c).
SB21,1552 20Section 1552. 46.2805 (4m) of the statutes is created to read:
SB21,657,2221 46.2805 (4m) "Family care program" means the program under s. 46.2805 to
2246.2895 that provides the family care benefit.
SB21,1553 23Section 1553. 46.2805 (4m) of the statutes, as created by 2015 Wisconsin Act
24.... (this act), is amended to read:
SB21,658,2
146.2805 (4m) "Family care program" means the program under s. 46.2805 to
246.2895 46.288 that provides the family care benefit.
SB21,1554 3Section 1554. 46.2805 (7r) of the statutes is repealed.
SB21,1555 4Section 1555. 46.2805 (7u) of the statutes is repealed.
SB21,1556 5Section 1556. 46.2805 (9m) of the statutes is created to read:
SB21,658,86 46.2805 (9m) "Program of all-inclusive care for the elderly" means an
7integrated health and long-term care program operated under 42 USC 1395eee or
81396u-4.
SB21,1557 9Section 1557. 46.2805 (10) of the statutes is amended to read:
SB21,658,1310 46.2805 (10) "Resource center" means an entity that meets the standards for
11operation under s. 46.283 (3) or, if under contract to provide a portion of the services
12specified under s. 46.283 (3), meets the standards for operation with respect to those
13services, and fulfills the duties under s. 46.283 (4).
SB21,1558 14Section 1558. 46.2805 (10m) of the statutes is amended to read:
SB21,658,1815 46.2805 (10m) "Self-directed services option" means the option in the family
16care
program that is operated under a waiver from the secretary of the federal
17department of health and human services under 42 USC 1396n (c)
in which an
18enrolled individual selects his or her own services and service providers.
SB21,1559 19Section 1559. 46.281 (1d) of the statutes is amended to read:
SB21,659,220 46.281 (1d) Waiver request. The department shall request from the secretary
21of the federal department of health and human services any waivers of federal
22medicaid laws necessary to permit the use of federal moneys to provide the family
23care benefit to recipients of medical assistance. The department shall implement
24any waiver that is approved and that is consistent with ss. 46.2805 to 46.2895 46.288.
25Regardless of whether a waiver is approved, the department may implement

1operation of resource centers, care management organizations, and the family care
2benefit.
SB21,1560 3Section 1560. 46.281 (1g) (a) of the statutes is renumbered 46.281 (1g) and
4amended to read:
SB21,659,105 46.281 (1g) Contracting for resource centers and care management
6organizations.
Subject to par. (b), the The department may contract with entities or
7resource centers
as provided under s. 46.283 (2) to provide any of the services under
8s. 46.283 (3) and (4) as resource centers in any geographic area in the state, and may
9contract with entities as provided under s. 46.284 (2) to administer the family care
10benefit as care management organizations in any geographic area in the state.
SB21,1561 11Section 1561. 46.281 (1g) (b) of the statutes is repealed.
SB21,1562 12Section 1562. 46.281 (1n) (b) 3. of the statutes is amended to read:
SB21,659,2013 46.281 (1n) (b) 3. Conduct ongoing evaluations of managed care programs for
14provision of long-term care services that are funded by medical assistance, as
15defined in s. 46.278 (1m) (b), as to client access to services, the availability of client
16choice of living and service options, quality of care, and cost-effectiveness. In
17evaluating the availability of client choice, the department shall evaluate the
18opportunity for a client to arrange for, manage, and monitor his or her family care
19benefit directly or with assistance,
self-directed services option as specified in s.
2046.284 (4) (e).
SB21,1563 21Section 1563. 46.281 (1n) (b) 4. of the statutes is amended to read:
SB21,659,2422 46.281 (1n) (b) 4. Require that quality assurance and quality improvement
23efforts be included throughout the long-term care system specified in ss. 46.2805 to
2446.2895
family care program.
SB21,1564 25Section 1564. 46.281 (1n) (d) of the statutes is repealed.
SB21,1565
1Section 1565. 46.281 (1n) (e) of the statutes is amended to read:
SB21,660,112 46.281 (1n) (e) Contract with a person to provide the advocacy services
3described under s. 16.009 (2) (p) 1. to 5. to actual or potential recipients of the family
4care benefit who are under age 60 or to their families or guardians. The department
5may not contract under this paragraph with a county or with a person who has a
6contract with the department to provide services under s. 46.283 (3) and (4) as a
7resource center or other entity or to administer the family care benefit as a care
8management organization. The contract under this paragraph shall include as a
9goal that the provider of advocacy services provide one advocate for every 2,500
10individuals under age 60 who receive the family care benefit or who participates in
11the self-directed services option.
SB21,1566 12Section 1566. 46.281 (3) of the statutes is amended to read:
SB21,660,2213 46.281 (3) Duty of the secretary. The secretary shall certify to each county,
14hospital, nursing home, community-based residential facility, adult family home,
15and residential care apartment complex the date on which a resource center or other
16entity under contract under s. 46.283 (2)
that serves the area of the county, hospital,
17nursing home, community-based residential facility, adult family home, or
18residential care apartment complex is first available to perform functional
19screenings and financial and cost-sharing screenings. To facilitate phase-in of
20services of resource centers, the secretary may certify that the resource center or
21other entity
is available for specified groups of eligible individuals or for specified
22facilities in the county.
SB21,1567 23Section 1567. 46.281 (4) (c) of the statutes is amended to read:
SB21,661,524 46.281 (4) (c) Each county in which the department has a contract with an
25entity to administer the family care benefit, and in which the department had such

1a contract before January 1, 2006, shall annually either pay the department or agree
2to reduce the community aids distribution to the county under s. 46.40 (2) by the
3amount that the county paid the department, or by which the county's community
4aids distribution was reduced, in calendar year 2006 to fund the family care program
5under ss. 46.2805 to 46.2895.
SB21,1568 6Section 1568. 46.281 (4) (d) of the statutes is amended to read:
SB21,661,87 46.281 (4) (d) The department shall deposit payments made by counties under
8this subsection in the appropriation account under s. 20.435 (7) (g) (4) (h).
SB21,1569 9Section 1569. 46.2825 of the statutes is repealed.
SB21,1570 10Section 1570. 46.283 (title) of the statutes is amended to read:
SB21,661,11 1146.283 (title) Resource centers; resource functions.
SB21,1571 12Section 1571. 46.283 (1) (a) (intro.) and 1. of the statutes are consolidated,
13renumbered 46.283 (1) (a) and amended to read:
SB21,661,1914 46.283 (1) (a) A county board of supervisors and, in a county with a county
15executive or a county administrator, the county executive or county administrator,
16may decide all of the following: 1. Whether whether to authorize one or more county
17departments under s. 46.21, 46.215, 46.22 or 46.23 or an aging unit under s. 46.82
18(1) (a) 1., 2., or 3. to apply to the department for a contract to operate a resource center
19and, if so, which to authorize and what client group to serve.
SB21,1572 20Section 1572. 46.283 (1) (a) 2. of the statutes is repealed.
SB21,1573 21Section 1573. 46.283 (2) (intro.) of the statutes is renumbered 46.283 (2) and
22amended to read:
SB21,662,623 46.283 (2) Exclusive Resource center contract; contract for certain
24functions
. The department may contract to operate a resource center with counties,
25long-term care districts, or the governing body of a tribe or band or the Great Lakes

1Inter-Tribal Council, Inc., under a joint application of any of these, or with a private
2entity or nonprofit organization if the department determines that the organization
3has no significant connection to an entity that operates a care management
4organization and if any of the following applies:. The department may contract with
5an entity other than a resource center to perform certain functions of a resource
6center.
SB21,1574 7Section 1574 . 46.283 (2) of the statutes, as affected by 2015 Wisconsin Act ....
8(this act), is amended to read:
SB21,662,169 46.283 (2) Resource center contract; contract for certain functions. The
10department may contract to operate a resource center with counties , long-term care
11districts,
or the governing body of a tribe or band or the Great Lakes Inter-Tribal
12Council, Inc., under a joint application of any of these, or with a private entity or
13nonprofit organization if the department determines that the organization has no
14significant connection to an entity that operates a care management organization.
15The department may contract with an entity other than a resource center to perform
16certain functions of a resource center.
SB21,1575 17Section 1575. 46.283 (2) (a) of the statutes is repealed.
SB21,1576 18Section 1576. 46.283 (2) (b) of the statutes is repealed.
SB21,1577 19Section 1577. 46.283 (3) (title) of the statutes is repealed and recreated to
20read:
SB21,662,2121 46.283 (3) (title) Resource function duties.
SB21,1578 22Section 1578. 46.283 (3) (intro.) of the statutes is amended to read:
SB21,663,223 46.283 (3) (intro.) The department shall assure that at least all may in a
24contract with a resource center or other entity specify that the resource center or

1other entity provide any
of the following are available to a person who contacts a
2resource center for service
services or functions:
SB21,1579 3Section 1579. 46.283 (3) (e) of the statutes is amended to read:
SB21,663,64 46.283 (3) (e) A determination of financial eligibility and of the maximum
5amount of cost sharing required for a person who is seeking long-term care services
6or the family care benefit, under standards prescribed by the department.
SB21,1580 7Section 1580. 46.283 (4) (title) of the statutes is amended to read:
SB21,663,88 46.283 (4) (title) Duties; resource centers.
SB21,1581 9Section 1581. 46.283 (4) (a) of the statutes is renumbered 46.283 (3) (L) and
10amended to read:
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