46.27(11)(c)5n.e.
e. The county department or aging unit determines that placement in the community-based residential facility is cost-effective compared to other options, including home care and nursing home care.
46.27(11)(c)5p.a.a. Subject to the approval of the department, a county may establish and implement more restrictive conditions than those imposed under
subd. 5m. on the use of funds received under
sub. (7) (b) for the provision of services to a person in a community-based residential facility. A county that establishes more restrictive conditions under this
subd. 5p. a. shall include the conditions in its community options plan under
sub. (3) (cm).
46.27(11)(c)5p.b.
b. If the department determines that a county has engaged in a pattern of inappropriate use of funds received under
sub. (7) (b), the department may revoke its approval of the county's conditions established under
subd. 5p. a., if any, and may prohibit the county from using funds received under
sub. (7) (b) to provide services under
subd. 5n.
46.27(11)(c)6.a.a. No county, private nonprofit agency or aging unit may use funds received under this subsection to provide residential services in a group home, as defined in
s. 48.02 (7), that has more than 5 beds, unless the department approves the provision of services in a group home that has 6 to 8 beds.
46.27(11)(c)6.b.
b. No county, private nonprofit agency, or aging unit may use funds received under this subsection to provide residential services in a community-based residential facility, as defined in
s. 50.01 (1g), that has more than 20 beds, unless the requirements of
sub. (7) (cm) 1. a.,
b., or
c. are met.
46.27(11)(c)7.
7. A county may use funds received under this subsection to provide supportive, personal or nursing services, as defined in rules promulgated under
s. 49.45 (2) (a) 23., to a person who resides in a certified residential care apartment complex, as defined in
s. 50.01 (6d). Funding of the services may not exceed 85 percent of the statewide medical assistance daily cost of nursing home care, as determined by the department.
46.27(11)(c)8.
8. No county, private nonprofit agency or aging unit may use funds received under this subsection to provide services in any community-based residential facility unless the county, agency or aging unit uses as a service contract the approved model contract developed under
sub. (2) (j) or a contract that includes all of the provisions of the approved model contract.
46.27(11g)
(11g) Report. Beginning January 1, 1997, and every January 1 thereafter, the department shall submit a report to the joint committee on finance and to the appropriate standing committees under
s. 13.172 (3), summarizing the data collected for the state and for individual counties under the program in the calendar year ending immediately before the preceding calendar year.
46.27(12)
(12) Rules. The department shall promulgate rules establishing the following:
46.27(12)(a)
(a) Fiscal management procedures required to be implemented by counties in administering the program under this section, as follows:
46.27(12)(a)1.
1. A simple contract between the community options program client and the service provider for that client.
46.27(12)(a)2.
2. A method for documenting the amount of service provided to enable verification of the appropriateness of payment.
46.27(12)(a)3.
3. Guidelines for determining whether a potential community options program client is competent to receive community options program funds directly or if an action should be brought for a determination of competency and the appointment of a guardian.
46.27(12)(a)4.
4. Supervisory review of community options program client payment decisions.
46.27(12)(b)
(b) Standards to ensure that only a single payment is made by the department for an initial community options case plan conducted by a county.
46.27(12)(c)
(c) A sliding scale formula for a fee chargeable for conduct of an assessment under
sub. (6) (a) or for development of a case plan under
sub. (6) (b) that is based on the person's ability to pay, unless prohibited from payment under
42 USC 1396 to
1396v or under regulations under
42 USC 1396 to
1396v.
46.27(13)
(13) Program termination. Notwithstanding
subs. (5),
(6),
(6g),
(6u),
(7),
(7m),
(8), and
(11), after the date the family care benefit, as defined in
s. 46.2805 (4), is available to eligible residents of a county, the department may discontinue the program under this section in that county.
46.27 History
History: 1981 c. 20;
1983 a. 27;
1983 a. 189 s.
329 (5);
1983 a. 192,
239;
1985 a. 29 ss.
876s to
896am,
3200 (56);
1985 a. 120,
176;
1987 a. 27,
399;
1989 a. 31,
77,
336,
359;
1991 a. 32,
39,
235,
274;
1993 a. 16,
27,
437;
1995 a. 27;
1997 a. 13,
27,
39,
79,
237;
1999 a. 9,
63;
2001 a. 16,
103;
2003 a. 33;
2005 a. 22,
25,
264,
386,
387;
2007 a. 20 ss.
904 to
921,
9121 (6) (a);
2007 a. 141;
2009 a. 2;
2011 a. 32;
2013 a. 20,
92;
2013 a. 165 s.
114;
2015 a. 55,
180.
46.27 Cross-reference
Cross-reference: See also ch.
DHS 73, Wis. adm. code.
46.27 Annotation
The county was found to be the employer, for worker's compensation purposes, of a care giver for a service recipient under the long-term support community options waiver program under sub. (11). County of Barron v. Labor and Industry Review Commission,
2010 WI App 149,
330 Wis. 2d 203,
792 N.W.2d 584,
09-1845.
46.271
46.271
Long-term support pilot projects. 46.271(1)(a)(a) From the appropriation under
s. 20.435 (4) (bd), the department shall award $100,000 in each fiscal year to applying county departments under
s. 46.215,
46.22,
46.23,
51.42 or
51.437 or to an aging unit under the conditions specified in
par. (c) to establish pilot projects for home and community-based long-term support services. Funds awarded to the pilot projects shall be used to do any of the following:
46.271(1)(a)1.
1. Provide administration for projects that serve individuals who are discharged from hospitals and meet one of the eligibility requirements under
s. 46.27 (6r) (b) 1. to
4.
46.271(1)(a)2.
2. Promote the development of a system of home and community-based long-term support services that is easily accessible to individuals who are eligible for and potentially need these services.
46.271(1)(b)
(b) The department shall do all of the following:
46.271(1)(b)1.
1. Solicit applications from county departments or aging units for the pilot projects under
par. (a).
46.271(1)(b)2.
2. Require that an applying county department or aging unit under
subd. 1. submit as part of the application specific plans for improving the coordination between hospitals and providers of home and community-based long-term support services.
46.271(1)(c)
(c) The department may contract with an aging unit, as defined in
s. 46.27 (1) (a), for administration of services under
par. (a) if, by resolution, the county board of supervisors of that county so requests the department.
46.272
46.272
Children's community options program. 46.272(1)(a)
(a) “Child" means a person under 22 years of age who is not eligible to receive services in or on a waiting list for an adult long-term care program.
46.272(1)(b)
(b) “Disability" means a severe physical, developmental, or emotional impairment which is diagnosed medically, behaviorally, or psychologically, which is characterized by the need for individually planned and coordinated care, treatment, vocational rehabilitation, or other services and which has resulted or is likely to result in substantial limitation on the ability to function in at least 2 of the following areas, equivalent to nursing home, hospital, or institution for mental disease level of care:
46.272(1)(d)
(d) “Institutional setting" means a nursing home, as defined in
s. 50.01 (3), a state-operated long-term care facility, or any other residential facility that provides long-term care to children outside of a home.
46.272(1)(e)
(e) “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.
46.272(1)(f)
(f) “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.
46.272(1)(g)
(g) “Voluntary" means according to an individual's free choice, if competent, or by choice of his or her parent or guardian, if the individual is adjudicated incompetent or is a minor.
46.272(2)
(2) Departmental duties. The department shall do all of the following to establish a children's community options program:
46.272(2)(a)
(a) Review and approve or disapprove the selection of a county department to administer the children's community options program.
46.272(2)(b)
(b) In consultation with representatives of counties; programs that provide community-based services to children or families, other publicly funded programs, and the social services, mental health, and developmental disabilities programs under
ss. 46.495,
51.42, and
51.437; the independent living center program under
s. 46.96; and the Medical Assistance program under
subch. IV of ch. 49; and with recipients of children's community support services, develop guidelines for implementing the program and criteria for reviewing community options plans from counties participating in the program under this section. 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.
46.272(2)(c)
(c) Review and approve or disapprove the community options plan of each county participating in the children's community options program.
46.272(2)(d)
(d) 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 children's community options program.
46.272(2)(e)
(e) Periodically monitor the implementation of the children's community options program.
46.272(2)(f)
(f) Review and approve or disapprove the terms of risk reserve escrow accounts created under
sub. (13) (f) and approve or disapprove disbursements for administrative or staff costs from the risk reserve escrow accounts.
46.272(4)
(4) Duties of participating county departments. Each participating county department shall do all of the following:
46.272(4)(a)
(a) Appoint members to an advisory committee or appoint an existing committee in the service area as the children's community options advisory committee to assist in developing the program plan and to monitor the program. The committee shall include, but need not be limited to, the following members:
46.272(4)(a)1.
1. Parents of children with disabilities including, if possible, parents from families that participate in the children's community options program. To the maximum extent possible, the parents shall be representative of the various disability, racial, and ethnic groups in the service area. The members specified under this subdivision shall constitute a majority of the membership of the committee.
46.272(4)(a)2.
2. Persons from the service area representing the county department under
s. 46.23,
51.42, or
51.437 and the county department under
s. 46.215 or
46.22, school districts, and local health departments, as defined in
s. 250.01 (4). At least one of the committee members selected under this subdivision shall be a person providing community social services to children with disabilities who are eligible for the program.
46.272(4)(a)3.
3. Persons in the service area who provide social or educational services to children who have disabilities other than the providers specified in
subd. 2.
46.272(4)(b)
(b) Cooperate with the committee appointed under
par. (a) to prepare a program plan. The program plan shall include all of the following:
46.272(4)(b)2.
2. The estimated number of families that will be assessed and served.
46.272(4)(b)3.
3. A list of specific groups, if any, that will be given priority for available funding.
46.272(4)(b)4.
4. A description of the outreach procedures that will be used to ensure that the program will be made available to children with physical, emotional, and developmental disabilities.
46.272(4)(b)5.
5. The procedures that will be used to determine family needs.
46.272(4)(b)6.
6. A description of the methods that will be used for the development and monitoring of service plans and for coordinating the provision of services and goods to participating families.
46.272(4)(b)7.
7. A description of the methods that will be used to promote the creation of informal support and advocacy systems for families.
46.272(4)(b)8.
8. A description of the method that will be used to monitor the children's community options program.
46.272(4)(c)
(c) Submit the proposed program plan to the department upon approval by the children's community options program advisory committee.
46.272(4)(d)
(d) Administer the program or contract with a human service agency in the service area to administer the program within the limits of state and federal funds under
subs. (13) and
(14).
46.272(4)(e)
(e) In conjunction with the county department under
s. 46.215 or
46.22, if any, in the service area and with the administering agency, if it is not the county department under
s. 46.23,
51.42, or
51.437, coordinate the administration of the program with the administration of other publicly funded programs that serve children who have disabilities.
46.272(4)(f)
(f) Submit all information and reports required by the department.
46.272(5)
(5) Powers and duties of a private nonprofit agency. The department may contract with a private nonprofit agency for services under this section. The agency shall have the powers and duties under this section of a county department designated to administer the program.
46.272(6)
(6) Duties of counties or agencies. Each county or each agency under contract under
sub. (5) shall:
46.272(6)(b)
(b) Provide information about the program and other programs for children who have disabilities to families in the service area.
46.272(6)(c)
(c) Implement the program in accordance with the program plan.
46.272(6)(d)
(d) Designate one of its employees as the coordinator for each participating family.
46.272(7)
(7) County department duties. The county department selected to administer the children's community options program shall:
46.272(7)(a)
(a) Organize assessment activities specified in
par. (f) and
sub. (8). The county department shall utilize persons for each assessment who can determine the needs of the child being assessed and who know the availability within the county of services. The county department shall coordinate the involvement of representatives from the county departments under
ss. 46.215,
46.22,
51.42 and
51.437, and health service providers in the assessment activities specified in
sub. (8), as well as the child being assessed and members of the child's family or the child's guardian.
46.272(7)(b)
(b) Within the limits of state and federal funds allocated under
sub. (13), arrange service contracts under
s. 46.036 and ensure the provision of necessary long-term community support services for each child who meets the criteria for services under the children's community options program.
46.272(7)(c)
(c) Within the limits of state and federal funds allocated under
sub. (13), provide for ongoing care management services in accordance with the requirements established under
sub. (10) (b) 1., periodic case plan review and follow-up services for any child receiving community support services under the children's community options program.
46.272(7)(d)
(d) Determine, under
sub. (9), the fee, if any, for all families or guardians of children who meet the criteria to receive services and are applying for or receiving children's community support services that are funded under
sub. (13) or
(14).
46.272(7)(e)
(e) In the instances in which a child who is provided community support services under this section for which the child or his or her parent or guardian receives direct funding, serve directly as a fiscal agent or contract with a fiscal intermediary to serve as a fiscal agent for that child for the purposes of performing the responsibilities and protecting the interests of the individual under the unemployment insurance law. The county department may elect to act as a fiscal agent or contract with a fiscal intermediary to serve as a fiscal agent for a child who is provided long-term community support services under
s. 46.275,
46.277,
46.278,
46.2785,
46.495,
51.42, or
51.437. The fiscal agent under this paragraph is responsible for remitting any federal unemployment compensation taxes or state unemployment insurance contributions owed by the child, including any interest and penalties which are owed by the child; for serving as the representative of the child in any investigation, meeting, hearing, or appeal involving
ch. 108 or the federal unemployment tax act (
26 USC 3301 to
3311) in which the child is a party; and for receiving, reviewing, completing, and returning all forms, reports, and other documents required under
ch. 108 or the federal unemployment tax act on behalf of the child. A child may make an informed, knowing, and voluntary election to waive the right to a fiscal agent. The waiver may be as to all or any portion of the fiscal agent's responsibilities. The waiver may be rescinded in whole or in part at any time.
46.272(7)(f)
(f) Develop assessments and care plans according to uniform criteria established by the department for children in all long-term care programs.
46.272(8)
(8) Assessments. Within the limits of state and federal funds allocated under
sub. (13) and within the limits of fees collected, an assessment shall be conducted for any child with a disability who is seeking services in the program.
46.272(9)
(9) Financial eligibility and fees. 46.272(9)(a)(a) The department shall create a sliding scale formula for a fee chargeable for conduct of an assessment under
sub. (8), for development of a case plan, and for children's long-term community support services that is based on the child's ability to pay, unless prohibited from payment under the federal Medicaid law.
46.272(9)(b)
(b) The county department selected to administer the program shall require all children or their parents or guardians applying for children's long-term community support services at the time of application and all children receiving the services that are funded under
sub. (13) or
(14) annually to provide the following information:
