46.27(6)(a)1.1. Within the limits of state and federal funds allocated under
sub. (7) and within the limits of fees collected, an assessment shall be conducted for any person identified in
sub. (5) (e) or who is seeking admission to or is about to be admitted to a nursing home. A fee may be charged, unless prohibited, for the assessment.
46.27(6)(a)1m.
1m. Each assessment shall determine the person's functional abilities, disabilities and need for medical and social long-term community support services. Each assessment shall include an investigation of long-term community support services that could serve as alternatives to institutional care in a nursing home. The assessment shall include an explanation of the potential community alternatives to the person being assessed and the person's family or guardian.
46.27(6)(a)2.a.
a. Any person or facility that is excluded because of gradual implementation of the program under
sub. (3) (c).
46.27(6)(a)2.b.
b. Emergency admissions, as determined by a physician, but shall be applied within 10 days of admission.
46.27(6)(a)2.c.
c. Private pay patients seeking admission to or about to be admitted to a facility under
subd. 1. who are informed about the program but waive the assessment, unless the patient will be eligible for medical assistance within 6 months of assessment.
46.27(6)(a)2.cm.
cm. Persons seeking admission to or about to be admitted to the Wisconsin veterans home at King under
subd. 1. who are informed about the program but waive the assessment.
46.27(6)(a)2.d.
d. Any person who is readmitted to a nursing home from a hospital within 6 months after being assessed.
46.27(6)(a)2.e.
e. Current residents of a nursing home who are eligible for an assessment under
sub. (5) (e) and
subd. 3., but who waive the assessment.
46.27(6)(a)2.f.
f. A person who enters a nursing home for recuperative care.
46.27(6)(a)2.h.
h. A person who is admitted to a nursing home from another nursing home, unless the person requests an assessment and funds allocated for assessments under
sub. (7) (am) are available to the county.
46.27(6)(a)3.
3. In each participating county, 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.
46.27(6)(b)
(b) Within the limits of state and federal funds allocated under
sub. (7) and within the limits of fees collected unless prohibited, a community services case plan shall be developed for any person with chronic disabilities:
46.27(6)(b)2.
2. For whom noninstitutional community services are feasible, financially viable and preferred by the person or the person's guardian. In this subdivision, noninstitutional community services are financially viable if they can be financed by state or federal funds allocated under
sub. (7).
46.27(6)(c)
(c) The amount of any fee charged for conduct of an assessment under
par. (a) or for development of a case plan under
par. (b) shall be in accordance with a sliding scale formula established by the department by rule under
sub. (12) (c). A fee may not be charged if prohibited under
42 USC 1396 to
1396v or under regulations under
42 USC 1396 to
1396v.
46.27(6)(d)
(d) If the county, through an assessment, determines that a community arrangement is not feasible, the county department or aging unit administering the program shall explain the reasons to the person and his or her family or guardian. The county department or aging unit administering the program shall maintain records sufficient to provide the county long-term support planning committee and the department with a periodic review of the reasons community arrangements were not feasible in order to assist future program planning.
46.27(6)(e)
(e) The department shall encourage counties to use public health nurses who meet the requirements of
s. 250.06 (1) to conduct assessments under this subsection.
46.27(6d)(a)(a) The department, after consulting with representatives of counties, hospitals, and individuals who receive services under this section, shall do all of the following:
46.27(6d)(a)1.
1. Establish minimum requirements for the provision of care management services, as defined by the department, including standards for care, times for performance of duties, and size of caseloads.
46.27(6d)(a)2.
2. Specify a reasonable schedule for phasing in the requirements established under
subd. 1.
46.27(6d)(a)3.
3. Provide technical consultation and assistance to the administrator of the program, as designated under
sub. (3) (b), with respect to the requirements established under
subd. 1.
46.27(6d)(b)
(b) The department need not promulgate as rules under
ch. 227 the requirements under
par. (a) 1. or the schedule under
par. (a) 2.
46.27(6g)
(6g) Fiscal responsibility. Except as provided in
s. 51.40, and within the limitations under
sub. (7) (b), the fiscal responsibility of a county for an assessment, case plan or services provided to a person under this section is as follows:
46.27(6g)(a)
(a) For a person seeking admission to or about to be admitted to a nursing home, the county in which the person has residence is the county of fiscal responsibility.
46.27(6g)(b)
(b) For a person residing in a nursing home, except a state-operated long-term care facility, the county in which the nursing home is located is the county of fiscal responsibility.
46.27(6g)(c)
(c) For a person living in a nursing home, except a state-operated long-term care facility, whose legal residence is established in another county, the county in which the legal residence is established is the county of fiscal responsibility.
46.27(6g)(d)
(d) For a person residing in a state-operated long-term care facility, or for a person protectively placed under
ch. 55, the county in which the person has residence before he or she enters the state-operated long-term care facility or is protectively placed is the county of fiscal responsibility.
46.27(6r)
(6r) Eligibility. No county may use funds received under
sub. (7) (b) to pay for long-term community support services provided to any of the following:
46.27(6r)(a)
(a) A person who is initially eligible for services under
sub. (7) (b), for whom home and community-based services are available under
sub. (11) or
s. 46.275,
46.277 or
46.278 that require less total expenditure of state funds than do comparable services under
sub. (7) (b) and who is eligible for and offered the home and community-based services under
sub. (11) or
s. 46.275,
46.277 or
46.278, but who declines the offer, except that a county may use funds received under
sub. (7) (b) to pay for long-term community support services for the person for a period of up to 90 days during which an application for services under
sub. (11) or
s. 46.275,
46.277 or
46.278 for the person is processed.
46.27(6r)(b)
(b) A person who initially receives services under this section after December 31, 1985, unless one of the following applies:
46.27(6r)(b)1.
1. The person meets the level of care requirements under
s. 49.45 (6m) (i) for reimbursement of nursing home care under the medical assistance program.
46.27(6r)(b)2.
2. The person has chronic mental illness, as defined under
s. 51.01 (3g), affecting mental health to the extent that long-term or repeated hospitalization is likely unless the person receives long-term community support services.
46.27(6r)(b)3.
3. The person receives medical assistance, resides in a nursing home immediately prior to receiving services under this section and is identified through the inspection of patient care under
42 USC 1396a (a) (31) as a person for whom community care is appropriate.
46.27(6r)(b)4.
4. The person has been diagnosed by a physician as having Alzheimer's disease and requires a level of care equivalent to either of the following:
46.27(6r)(b)4.a.
a. Noninstitutional personal care, including personal assistance, supervision and protection, and periodic medical services and consultation with a registered nurse, or periodic observation and consultation for physical, emotional, social or restorative needs, but not regular nursing care.
46.27(6r)(b)4.b.
b. Care, including social services and activity therapy, in a residential facility under the daily supervision of a licensed nurse with consultation from a registered nurse at least 4 hours per week.
46.27(6r)(c)
(c) A person who resides or intends to reside in a community-based residential facility and who is initially applying for long-term community support services, if the projected cost of services for the person, plus the cost of services for existing participants, would cause the county to exceed the limitation under
sub. (3) (f), unless the department grants an exception to the requirement under this paragraph, under the conditions specified by rule, to avoid hardship to the person.
46.27(6r)(e)
(e) A person who has not resided in this state for at least 180 consecutive days before applying for or receiving long-term community support services that are funded under
sub. (7) (b).
46.27(6u)
(6u) Financial eligibility and cost-sharing requirements. 46.27(6u)(b)
(b) The county department or aging unit selected to administer the program shall require all persons applying for long-term community support services that are funded under
sub. (7) or
(11) and, annually, all persons receiving the services to provide the following information:
46.27(6u)(b)1.
1. For persons applying for or receiving services under
sub. (7), a declaration of assets, on a form prescribed by the department. The declaration shall include any assets that the person applying for or receiving the services, or his or her spouse, has, after August 12, 1993, transferred to another for less than fair market value at any time within the 36-month period, or with respect to payments from a trust or portions of a trust that would be treated as assets transferred by an individual under
s. 49.454 (2) (c) or
(3) (b), within the 60-month period, immediately before the date of the declaration.
46.27(6u)(b)2.
2. For persons applying for or receiving services under
sub. (11), a declaration of income, on a form prescribed by the department.
46.27(6u)(c)
(c) From the information obtained under
par. (b), the county department or aging unit shall:
46.27(6u)(c)1.
1. Determine the financial eligibility of the applicant or recipient of services to receive assistance for long-term community support services under the program. A person is financially eligible under this subdivision if he or she is one of the following:
46.27(6u)(c)1.b.
b. A person whom the county department or aging unit finds is likely to become medically indigent within 6 months by spending excess assets for medical or remedial care.
46.27(6u)(c)2.
2. For a person who is determined to be financially eligible under
subd. 1. calculate, by use of the uniform fee system under
s. 46.03 (18), the amount of cost sharing required for receipt of long-term community support services provided under
sub. (5) (b). The county department or aging unit shall require payment by the person of 100% of the amount calculated under this subdivision.
46.27(6u)(c)3.
3. Bill persons not determined under
subd. 1. to be financially eligible for the full cost of long-term community support services received.
46.27(6u)(c)4.
4. Use funds received under
subds. 2. and
3. to pay for long-term community support services for persons who are eligible under
sub. (6) (b).
46.27(6u)(d)
(d) 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, 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:
46.27(6u)(d)2.
2. The county department or aging unit determines that undue hardship would result to the person or to his or her family from a denial of financial eligibility or from including all or a portion of a transferred asset in the calculation of the amount of cost sharing required.
46.27(7)(am)(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. 49.33 (2) or
49.45. The department shall reimburse counties for the cost of assessing persons eligible for medical assistance under
s. 49.46,
49.468 or
49.47 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.
46.27(7)(b)1m.1m. 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 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.
46.27(7)(b)1r.
1r. Reimbursement under this paragraph for long-term community support services provided to a person may not exceed the average monthly cost of nursing home care, as determined by the department, except that this limitation does not apply to any of the following:
46.27(7)(b)1r.c.
c. A person not specified under
subd. 1r. a. or
b., if the department determines that the cost of providing the person with nursing home care would exceed the cost of providing the person with care in the community. In making this determination, the department shall consider the nursing home costs of that person and the extent to which publicly funded costs or, if the person is ineligible for medical assistance under
s. 49.46,
49.468 or
49.47, private costs for nursing home care would actually exceed the cost of providing the person with care in the community.
46.27(7)(b)1r.d.
d. Any individual, if the department determines that nursing home care is not available for that individual.
46.27(7)(b)1r.e.
e. Any individual, if the department determines that public funding is not available for the institutional care of that individual.
46.27(7)(c)3.
3. The department may not release funds under this section before approving the county's community options plan.
46.27(7)(cg)
(cg) No county may use funds received under
par. (b) to pay for long-term community support services provided any person who resides in a nursing home, unless the department waives this restriction on use of funds and the services are provided in accordance with a discharge plan.
46.27(7)(cm)1.1. Beginning on January 1, 1996, no county, private nonprofit agency or aging unit may use funds received under
par. (b) to provide services in any community-based residential facility that has more than 8 beds, unless one of the following applies:
46.27(7)(cm)1.a.
a. The department approves the provision of services in a community-based residential facility that is licensed on July 29, 1995, and that meets standards established under
subd. 2.
46.27(7)(cm)1.b.
b. The department approves the provision of services in a community-based residential facility that entirely consists of independent apartments, each of which has an individual lockable entrance and exit and individual separate kitchen, bathroom, sleeping and living areas, to individuals who are provided services under
sub. (5) (b) and are physically disabled or are at least 65 years of age.
46.27(7)(cm)1.c.
c. The department approves the provision of services in a community-based residential facility that is initially licensed after July 29, 1995, that is licensed for 20 or fewer beds and that meets standards established under
subd. 2.
46.27(7)(cm)2.
2. By January 1, 1996, the department shall establish standards for approvals made under
subd. 1. a., including whether the proposed use of funds for residents at the community-based residential facility in question adequately provides for all of the following:
46.27(7)(cm)2.c.
c. Cost effectiveness, in comparison with other feasible funding uses.
46.27(7)(cm)2.d.
d. Sufficient consideration of care for facility residents with dementia or related conditions.
46.27(7)(cm)3.
3. The department need not promulgate as rules under
ch. 227 the standards required to be established under
subd. 2.
46.27(7)(cm)4.
4. This paragraph does not apply to individuals who are receiving services under this section that are funded under
par. (b) and who are residing in community-based residential facilities with more than 8 beds on January 1, 1996.
46.27(7)(d)
(d) The department may release funds to counties acting jointly, if the counties sign a contract approved by the secretary that explains the plans for joint sponsorship.
46.27(7)(e)
(e) No county may use funds received under this section to purchase land or construct buildings.
46.27(7)(f)
(f) If the department determines that a county demonstrates a pattern of failure to serve clients whose cost of care significantly exceeds the average cost of care for long-term community support services provided under this section, the department may require that county to reserve a portion of funds allocated under this subsection for provision of service to those clients.
46.27(7)(fm)
(fm) The department shall, at the request of a county, carry forward up to 10% of the amount allocated under this subsection to the county for a calendar year if up to 10% of the amount so allocated has not been spent or encumbered by the county by December 31 of that year, for use by the county in the following calendar year. The department may transfer funds within
s. 20.435 (7) (bd) to accomplish this purpose. An allocation under this paragraph does not affect a county's base allocation under this subsection and shall lapse to the general fund unless expended within the calendar year to which the funds are carried forward. A county may not expend funds carried forward under this paragraph for administrative or staff costs, except administrative or staff costs that are associated with implementation of the waiver under
sub. (11) and approved by the department.
46.27(7)(g)
(g) The department may carry forward to the next state fiscal year up to $500,000 of funds allocated under this subsection and not encumbered by counties by December 31 or carried forward under
par. (fm). The department may transfer moneys within
s. 20.435 (7) (bd) to accomplish this purpose. An allocation under this paragraph shall not affect a county's base allocation for the program. The department may allocate these transferred moneys during the next fiscal year to counties for the improvement or expansion of long-term community support services for clients whose cost of care significantly exceeds the average cost of care provided under this section, including any of the following:
46.27(7)(g)1.
1. Specialized training for providers of services under this section.
