46.266(6)
(6) No skilled nursing facility or intermediate care facility that has residents who are 21 to 64 years of age and have primary diagnoses of mental illness may receive funds under this section unless the skilled nursing facility or intermediate care facility has received distinct part or separate licensure under
s. 50.03 (1m).
46.266(7)
(7) The department is not required to decrease the statewide nursing home bed limit under
s. 150.31 to account for institution for mental diseases beds closed under this section and, notwithstanding
subch. II of ch. 150, may redistribute the institution for mental diseases beds made available by the provision of services under this section if the department promulgates rules establishing a method by which the beds will be redistributed.
46.266(8)(a)(a) Except as provided in
sub. (9), if a county department seeks to relocate a person from an institution for mental diseases to the community using funds provided under
sub. (1), the county department shall first obtain approval of the institution for mental diseases to terminate use of the bed occupied by the individual as part of a plan submitted by the institution for mental diseases and approved by the department.
46.266(8)(b)
(b) The department may waive the requirement under
par. (a) for relocations that are part of a plan submitted by the institution for mental diseases and approved by the department that the department expects will result in all of the following:
46.266(8)(b)1.
1. A finding by the federal health care financing administration that the nursing home is no longer an institution for mental diseases.
46.266(8)(b)2.
2. Licensure of the institution for mental diseases as a nursing home under
s. 50.03.
46.266(8)(b)3.
3. Certification by the department of the institution for mental diseases as a provider of medical assistance.
46.266(9)
(9) If approved by the department, an institution for mental diseases may, instead of closing a bed, agree to receive a permanent limitation on payment as a facility under
s. 49.45 (6m) for each person relocated under this section. The department shall promulgate rules to administer this subsection.
46.268
46.268
Relocation services for individuals with mental illness. 46.268(1)(1) Notwithstanding
s. 49.45 (6m) (ag), from the appropriation account under
s. 20.435 (5) (be), the department shall distribute not more than $830,000 in each fiscal year in order to provide funding of community services for an eligible individual, if all of the following apply:
46.268(1)(b)
(b) Provision of services is not authorized under
s. 46.277 for the individual or for an individual receiving care under
s. 46.40 and for whom care under
s. 46.277 might be substituted.
46.268(1)(c)1.1. The amount of funds for an individual who was relocated by a county department to the community from a facility before January 1, 1993, does not exceed 60% of the daily medical assistance reimbursement rate of the facility under
s. 49.45 (6m).
46.268(1)(c)2.
2. The amount of funds for an individual who was relocated by a county department to the community from a facility after December 31, 1992, does not exceed 90% of the daily medical assistance reimbursement rate of the facility under
s. 49.45 (6m).
46.268(2)
(2) If an individual who is provided services under
sub. (1) discontinues service receipt, an individual may receive services in his or her place if that individual has mental illness, as defined in
s. 49.45 (6c) (a) 7., is otherwise eligible for medical assistance and is determined under
s. 49.45 (6c) (d) 1. to be in need of active treatment but not to require facility care.
46.268(3)
(3) County matching funds are required for allocations under
sub. (1). A county's required match equals 9.89% of the cost of community service.
46.27
46.27
Long-term support community options program. 46.27(1)(1)
Definitions. In this section:
46.27(1)(a)
(a) "Aging unit" means an aging unit director and necessary personnel, directed by a county commission on aging and organized as one of the following:
46.27(1)(a)1.
1. An agency of county government with the primary purpose of administering programs of services for older individuals of the county.
46.27(1)(a)2.
2. A unit, within a county department under
s. 46.215,
46.22 or
46.23, with the primary purpose of administering programs of services for older individuals of the county.
46.27(1)(ai)
(ai) "Community-based residential facility" means a facility that meets the definition in
s. 50.01 (1g) and that is licensed under
s. 50.03 (1).
46.27(1)(b)
(b) "Nursing home" means a facility that meets the definition in
s. 50.01 (3) and that is licensed under
s. 50.03 (1) and includes a state center for the developmentally disabled and a Wisconsin veterans home operated by the department of veterans affairs under
s. 45.50.
46.27(1)(c)
(c) "Program" means the long-term support community options program.
46.27(1)(d)
(d) "Residence" means the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation. Physical presence shall be prima facie evidence of intent to remain.
46.27(1)(dr)
(dr) "State-operated long-term care facility" means a state center for the developmentally disabled and a Wisconsin veterans home operated by the department of veterans affairs under
s. 45.50.
46.27(1)(e)
(e) "Voluntary" means according to an individual's free choice, if competent, or by choice of his or her guardian, if the individual is adjudicated incompetent.
46.27(2)
(2) Departmental duties. The department shall:
46.27(2)(c)
(c) Review and approve or disapprove the selection of a county department or aging unit under
sub. (3) (b) to administer the program.
46.27(2)(d)
(d) In consultation with representatives of counties, hospitals and nursing homes and with recipients of long-term community support services, develop guidelines for implementing the program and criteria for reviewing community options plans from counties participating in the program. The guidelines and criteria shall address cost-effectiveness, scope, feasibility and impact on the quality and appropriateness of health services and social services and shall provide counties with maximum flexibility to develop programs that address local needs.
46.27(2)(e)
(e) Review and approve or disapprove the community options plan of each county participating in the program.
46.27(2)(f)
(f) Evaluate the cost-effectiveness of the program, the ability of the program to provide alternatives to institutional care of persons and the reasons why any county department or aging unit administering the program finds that a community arrangement is not feasible under
sub. (6) (d).
46.27(2)(g)1.
1. Require that a county, by use of a form provided by the department or other appropriate procedure, ensure that persons receiving services under this section meet the eligibility requirements for the program.
46.27(2)(g)2.
2. Periodically monitor the implementation of the program.
46.27(2)(h)
(h) Promulgate all of the following as rules:
46.27(2)(h)1.
1. Adoption of a long-term community support service fee schedule as part of the uniform fee schedule under
s. 46.03 (18) that is substantially similar to the fee calculation schedule existing on January 1, 1985, that was developed as a part of the guidelines required under
par. (d).
46.27(2)(h)2.
2. Conditions of hardship under which the department may grant an exception to the requirement of
sub. (6r) (c).
46.27(2)(i)
(i) Review and approve or disapprove waiver requests under
sub. (3) (f), review and approve or disapprove requests for exceptions under
sub. (6r) (c) and provide technical assistance to a county that reaches or exceeds the annual allocation limit specified in
sub. (3) (f) in order to explore alternative methods of providing long-term community support services for persons who are in group living arrangements in that county.
46.27(2)(j)
(j) By January 1, 1997, develop a model contract for use by counties for purchase of long-term community support services for persons who reside in community-based residential facilities. The governor and the joint committee on finance shall approve the model contract before it is implemented.
46.27(2)(k)
(k) Review and approve or disapprove the terms of risk reserve escrow accounts created under
sub. (7) (fr) and approve or disapprove disbursements for administrative or staff costs from the risk reserve escrow accounts.
46.27(2m)
(2m) Reimbursement disallowances. The department may disallow reimbursement under this section for services provided to persons who do not meet the eligibility requirements.
46.27(3)
(3) Duties of participating counties. The county board of supervisors of any county participating in the program shall:
46.27(3)(a)
(a) Create an interagency long-term support planning committee, with the composition and the duties specified under
sub. (4).
46.27(3)(b)
(b) Designate one of the following, subject to departmental review and approval, to administer the program:
46.27(3)(b)5.
5. The departments under
subds. 1. and
2. jointly, if the county long-term support planning committee develops no more than one annual community options plan under
sub. (4).
46.27(3)(c)
(c) Develop procedures and phases for gradual implementation of this section in accordance with guidelines and criteria the department develops under
sub. (2) (d).
46.27(3)(cm)
(cm) Review and approve, disapprove or amend a community options plan to participate in the program, prior to submitting the plan to the department.
46.27(3)(d)
(d) Ensure that the program uses existing county resources and personnel to the greatest extent practicable and enhances the effectiveness of discharge planning from hospitals.
46.27(3)(e)
(e) Except as provided in
sub. (3g), after implementing the program for 12 months and within the limits of state and federal funds allocated under
sub. (7), provide noninstitutional community alternatives for a significant number of persons in each of the groups listed in
sub. (4) (a) 1. and eligible under
sub. (6). The department shall determine what constitutes a "significant number of persons" for each participating county, based on county size and on the statewide proportion of persons from each group receiving medical assistance in a nursing home, and, beginning on January 1, 1994, shall annually adjust each determination to reflect changes in the state population of eligible persons and to reflect purposes for which increased funds, if any, are appropriated by the legislature for the program. If a county fails to meet the "significant number of persons" requirement under this paragraph, all of the following apply:
46.27(3)(e)1.
1. For a county with an annual allocation for provision of long-term community support services under
sub. (7) (b) that exceeds $185,000, the department shall, unless the department finds that an emergency or unusual circumstance exists, designate a portion of the county's allocation for increased service in each calendar year that the county fails to meet the requirement, to one or more of the groups specified under
sub. (4) (a) 1. a. to
e.
46.27(3)(e)2.
2. For a county with an annual allocation for provision of long-term community support services under
sub. (7) (b) that is $185,000 or less, the department may designate a portion of the county's allocation for increased service in each calendar year that the county fails to meet the requirement, to one or more of the groups specified under
sub. (4) (a) 1. a. to
e.
46.27(3)(f)
(f) Beginning on January 1, 1996, from the annual allocation to the county for the provision of long-term community support services under
subs. (7) (b) and
(11), annually establish a maximum total amount that may be encumbered in a calendar year for services for eligible individuals in community-based residential facilities, unless the department waives the requirement under
sub. (2) (i) or approves a request for an exception under
sub. (6r) (c).
46.27(3)(h)
(h) Identify the service needs of persons with Alzheimer's disease and of their caregivers.
46.27(3g)
(3g) Waiver of requirements. The department may waive requirements under
sub. (3) (e) for a county if the county is able to demonstrate one of the following:
46.27(3g)(a)
(a) That the county has disproportionately lengthy waiting lists for services under
sub. (7) or under
sub. (11) for one or more of the groups listed in
sub. (4) (a) 1.
46.27(3g)(b)
(b) That demographic or other data indicate that the county's population is significantly at variance with the statewide proportion of persons from each group listed in
sub. (4) (a) 1. receiving medical assistance in a nursing home.
46.27(3m)
(3m) Powers and duties of a private nonprofit agency. A private nonprofit agency with which the department contracts for service under
sub. (11) (c) 5. shall have the powers and duties under this section of a county department designated under
sub. (3) (b) to administer the program.
46.27(4)(a)(a) The county board of supervisors shall select the county long-term support planning committee, which shall include at a minimum the following members:
46.27(4)(a)1.
1. At least 5 persons receiving long-term community support services, each of whom represents one of the following groups:
