46.284(5)(b)
(b) If the expenditures by a care management organization under
par. (a) exceed payments received from the department under
par. (a), as determined by the department by contract, the department may share the loss with the care management organization, within the limits prescribed under the contract with the department.
46.284(5)(c)
(c) If the payments received from the department under
par. (a) exceed the expenditures by a care management organization under
par. (a), as determined by the department by contract, the care management organization may retain a portion of the excess payments, within the limits prescribed under the contract with the department, and shall return the remainder to the department.
46.284(5)(d)
(d) The department may, by contract, impose solvency protections that the department determines are reasonable and necessary to retain federal financial participation. These protections may include all of the following:
46.284(5)(d)1.
1. The requirement that a care management organization segregate a risk reserve from other funds of the care management organization or the authorizing body for the care management organization.
46.284(5)(d)2.
2. The requirement that interest accruing to the risk reserve remain in the escrow account for the risk reserve.
46.284(5)(d)3.
3. Limitations on the distribution of funds from the risk reserve.
46.284(5)(d)4.
4. The requirement that a care management organization place funds in a risk reserve and maintain the risk reserve in an interest-bearing escrow account with a financial institution, as defined in
s. 69.30 (1) (b), or invest funds as specified in
s. 46.2895 (4) (j) 2. or
3. Moneys in the risk reserve or invested as specified in this subdivision may be expended only for the provision of services under this section. If a care management organization ceases participation under this section, the funds in the risk reserve or invested as specified in this subdivision, minus any contribution of moneys other than those specified in
par. (c), shall be returned to the department. The department shall expend the moneys for the payment of outstanding debts to providers of family care benefit services and for the continuation of family care benefit services to enrollees.
46.284(5)(e)1.1. Subject to
subd. 2., a care management organization may enter into contracts with providers of family care benefit services and may limit profits of the providers under the contracts.
46.284(5)(e)2.
2. The department shall review the contracts in
subd. 1., including rates for the provision of service, to ensure that the contract terms protect services access by enrollees and financial viability of the care management organization, and may require contract revision.
46.284(6)
(6) Governing board. A care management organization shall have a governing board that reflects the ethnic and economic diversity of the geographic area served by the care management organization. At least one-fourth of the members of the governing board shall be older persons or persons with physical or developmental disabilities or their family members, guardians or other advocates who are representative of the care management organization's enrollee.
46.284(7)
(7) Confidentiality; exchange of information. No record, as defined in
s. 19.32 (2), of a care management organization that contains personally identifiable information, as defined in
s. 19.62 (5), concerning an individual who receives services from the care management organization may be disclosed by the care management organization without the individual's informed consent, except as follows:
46.284(7)(b)
(b) Notwithstanding
ss. 48.78 (2) (a),
49.45 (4),
49.83,
51.30,
51.45 (14) (a),
55.06 (17) (c),
146.82,
252.11 (7),
253.07 (3) (c) and
938.78 (2) (a), a care management organization acting under this section may exchange confidential information about a client, as defined in
s. 46.287 (1), without the informed consent of the client, under
s. 46.21 (2m) (c),
46.215 (1m),
46.22 (1) (dm),
46.23 (3) (e),
46.283 (7),
46.2895 (10),
51.42 (3) (e) or
51.437 (4r) (b) in the county of the care management organization, if necessary to enable the care management organization to perform its duties or to coordinate the delivery of services to the client.
46.285
46.285
Operation of resource center and care management organization. 46.285(1)
(1) In order to meet federal requirements and assure federal financial participation in funding of the family care benefit, a county, a tribe or band, a family care district or an organization, including a private, nonprofit corporation, may not directly operate both a resource center and a care management organization, except as follows:
46.285(1)(a)
(a) For a pilot project established under
s. 46.281 (1) (d) 2., provision of the services specified under
s. 46.283 (3) (b),
(e),
(f) and
(g) shall be structurally separate from the provision of services of the care management organization by January 1, 2001.
46.285(1)(b)
(b) The department may approve separation of the functions of a resource center from those of a care management organization by a means other than those specified in
sub. (2).
46.285(2)
(2) Except as provided in
sub. (1), all of the following apply to operation of both a resource center and a care management organization:
46.285(2)(a)1.1. If a county board of supervisors and, if applicable, a county executive or a county administrator, elect to apply to the department for a contract to operate a resource center, the county board of supervisors may create a family care district to apply to the department for a contract to operate a care management organization.
46.285(2)(a)2.
2. If a county board of supervisors and, if applicable, a county executive or a county administrator, elect to apply to the department for a contract to operate a care management organization, the county board of supervisors may create a family care district to apply to the department to operate a resource center.
46.285(2)(b)1.1. If the governing body of a tribe or band elects to apply to the department for a contract directly to operate a resource center, tribal or band members may form a separate corporation to apply to the department for a contract to operate a care management organization. No members of the governing board of the corporation may be members of the tribal or band governing body.
46.285(2)(b)2.
2. If the governing body of a tribe or band elects to apply to the department for a contract directly to operate a care management organization, tribal or band members may form a separate corporation to apply to the department for a contract to operate a resource center. No members of the governing board of the corporation may be members of the tribal or band governing body.
46.285(2)(c)
(c) Any county or family care district that seeks to operate jointly with a tribe or band or tribal or band corporation a care management organization or resource center shall submit jointly with the tribe or band or tribal or band corporation an application to the department to operate the care management organization or resource center.
46.285 History
History: 1999 a. 9.
46.286
46.286
Family care benefit. 46.286(1)
(1)
Eligibility. A person is eligible for, but not necessarily entitled to, the family care benefit if the person is at least 18 years of age; has a physical disability, as defined in
s. 15.197 (4) (a) 2., a developmental disability, as defined in
s. 51.01 (5) (a), or infirmities of aging, as defined in
s. 55.01 (3); and meets all of the following criteria:
46.286(1)(a)
(a)
Functional eligibility. A person is functionally eligible if any of the following applies, as determined by the department or its designee:
46.286(1)(a)1.
1. The person's functional capacity is at either of the following levels:
46.286(1)(a)1.a.
a. The comprehensive level, if the person has a long-term or irreversible condition, expected to last at least 90 days or result in death within one year of the date of application, and requires ongoing care, assistance or supervision.
46.286(1)(a)1.b.
b. The intermediate level, if the person has a condition that is expected to last at least 90 days or result in death within 12 months after the date of application, and is at risk of losing his or her independence or functional capacity unless he or she receives assistance from others.
46.286(1)(a)2.
2. The person has a condition that is expected to last at least 90 days or result in death within 12 months after the date of application but that does not meet the level specified under
subd. 1. a. or
b.; the person first applies for eligibility for the family care benefit within 36 months after the date on which the family care benefit is initially available in the person's county residence; and, on the date that the family care benefit became available in the person's county of residence, the person was a resident in a nursing home or had been receiving for at least 60 days, under a written plan of care, long-term care services, as specified by the department, that were funded under any of the following:
46.286(1)(a)2.d.
d. Community aids under
s. 46.40, if documented by the county under a method prescribed by the department.
46.286(1)(a)2.e.
e. County funding, if documented by the county under a method prescribed by the department.
46.286(1)(b)
(b)
Financial eligibility. A person is financially eligible if all of the following apply:
46.286(1)(b)1.
1. As determined by the department or its designee, either of the following applies:
46.286(1)(b)1.a.
a. The person would qualify for medical assistance except for financial or disability criteria, and the projected cost of the person's care plan, as calculated by the department or its designee, exceeds the person's gross monthly income, plus one-twelfth of his or her countable assets, less deductions and allowances permitted by rule by the department.
46.286(1)(b)2.
2. If
subd. 1. b. applies, the person accepts medical assistance unless he or she is exempt from the acceptance under rules promulgated by the department.
46.286(2)(a)(a) A person who is determined to be financially eligible under
sub. (1) (b) shall contribute to the cost of his or her care an amount that is calculated by the department or its designee after subtracting from the person's gross income, plus one-twelfth of countable assets, the deductions and allowances permitted by the department by rule.
46.286(2)(b)
(b) Funds received under
par. (a) shall be used by a care management organization to pay for services under the family care benefit.
46.286(2)(c)
(c) A person who is required to contribute to the cost of his or her care but who fails to make the required contributions is ineligible for the family care benefit unless he or she is exempt from the requirement under rules promulgated by the department.
46.286(3)(a)(a) Subject to
pars. (c) and
(d), a person is entitled to and may receive the family care benefit through enrollment in a care management organization if he or she is at least 18 years of age, has a physical disability, as defined in
s. 15.197 (4) (a) 2., a developmental disability, as defined in
s. 51.01 (5) (a), or infirmities of aging, as defined in
s. 55.01 (3), is financially eligible, fulfills any applicable cost-sharing requirements and meets any of the following criteria:
46.286(3)(a)1.
1. Is functionally eligible at the comprehensive level.
46.286(3)(a)3.
3. Is functionally eligible at the intermediate level and is determined by an agency under
s. 46.90 (2) or specified in
s. 55.01 (1t) to be in need of protective services under
s. 55.05 or protective placement under
s. 55.06.
46.286(3)(a)6.
6. Is functionally eligible at the intermediate level and meets all of the following criteria:
46.286(3)(a)6.a.
a. On the date on which the family care benefit is initially available in the person's county of residence, is a resident in a nursing home or has been receiving for at least 60 days, under a written plan of care, long-term care services, as specified by the department, which are funded as specified under
sub. (1) (a) 2. a.,
b.,
c.,
d., or
e.
46.286(3)(a)6.b.
b. Enrolls within 36 months after the date on which the family care benefit is initially available in the person's county of residence.
46.286(3)(b)
(b) An entitled individual who is enrolled in a care management organization may not be involuntarily disenrolled except as follows:
46.286(3)(b)2.
2. If the contract between the care management organization and the department is canceled or not renewed. If this circumstance occurs, the department shall assure that enrollees continue to receive needed services through another care management organization or through the medical assistance fee-for-service system or any of the programs specified under
sub. (1) (a) 2. a. to
d.
46.286(3)(b)3.
3. The department or its designee determines that the person no longer meets eligibility criteria under
sub. (1).
46.286(3)(c)
(c) Within each county and for each client group,
par. (a) shall first apply on the effective date of a contract under which a care management organization accepts a per person per month payment to provide services under the family care benefit to eligible persons in that client group in the county. Within 24 months after this date, the department shall assure that sufficient capacity exists within one or more care management organizations to provide the family care benefit to all entitled persons in that client group in the county.
46.286(3)(d)
(d) The department shall determine the date, which shall not be later than January 1, 2006, on which
par. (a) shall first apply to persons who are not eligible for medical assistance under
ch. 49. Before the date determined by the department, persons who are not eligible for medical assistance may receive the family care benefit within the limits of state funds appropriated for this purpose and available federal funds.
46.286(3m)
(3m) Information about family care enrollees. 46.286(3m)(b)
(b) An insurer that issues or delivers a disability insurance policy that provides coverage to a resident of this state shall provide to the department, upon the department's request, information contained in the insurer's records regarding all of the following:
46.286(3m)(b)1.
1. Information that the department needs to identify enrollees of family care who satisfy any of the following:
46.286(3m)(b)1.b.
b. Would be eligible for benefits under a disability insurance policy if the enrollee were enrolled as a dependent of a person insured under the disability insurance policy.
46.286(3m)(b)2.
2. Information required for submittal of claims under the insurer's disability insurance policy.
46.286(3m)(b)3.
3. The types of benefits provided by the disability insurance policy.
46.286(3m)(c)
(c) Upon requesting an insurer to provide the information under
par. (b), the department shall enter into a written agreement with the insurer that satisfies all of the following:
46.286(3m)(c)2.
2. Includes provisions that adequately safeguard the confidentiality of the information to be disclosed.
46.286(3m)(d)1.1. An insurer shall provide the information requested under
par. (b) within 180 days after receiving the department's request if it is the first time that the department has requested the insurer to disclose information under this subsection.
46.286(3m)(d)2.
2. An insurer shall provide the information requested under
par. (b) within 30 days after receiving the department's request if the department has previously requested the insurer to disclose information under this subsection.
46.286(3m)(d)3.
3. If an insurer fails to comply with
subd. 1. or
2., the department may notify the commissioner of insurance, and the commissioner of insurance may initiate enforcement proceedings against the insurer under
s. 601.41 (4) (a).
46.286(4)
(4) Divestment; rules. The department shall promulgate rules relating to prohibitions on divestment of assets of persons who receive the family care benefit, that are substantially similar to applicable provisions under
s. 49.453.
46.286(5)
(5) Treatment of trust amounts; rules. The department shall promulgate rules relating to treatment of trust amounts of persons who receive the family care benefit, that are substantially similar to applicable provisions under
s. 49.454.
46.286(6)
(6) Protection of income and resources of couple for maintenance of community spouse; rules. The department shall promulgate rules relating to protection of income and resources of couples for the maintenance of the spouse in the community with regard to persons who receive the family care benefit, that are substantially similar to applicable provisions under
s. 49.455.
46.286(7)
(7) Recovery of family care benefit payments; rules. The department shall promulgate rules relating to the recovery from persons who receive the family care benefit, including by liens and from estates, of correctly and incorrectly paid family care benefits, that are substantially similar to applicable provisions under
ss. 49.496 and
49.497.
46.286 Cross-reference
Cross Reference: See also ch.
HFS 10, Wis. adm. code.
46.287(1)(1)
Definition. In this section, "client" means a person applying for eligibility for the family care benefit, an eligible person or an enrollee.
