AB75-ASA1,451,24 2246.028 Electronic benefit transfer. The department may deliver benefits
23that are administered by the department to recipients of the benefits by an electronic
24benefit transfer system if all of the following conditions are satisfied:
AB75-ASA1,452,3
1(1) The department obtains any authorization from a federal agency that is
2required under federal law to deliver the benefits by an electronic benefit transfer
3system.
AB75-ASA1,452,5 4(2) The department promulgates an administrative rule to deliver the benefits
5by an electronic benefits transfer system.
AB75-ASA1,452,10 6(3) The department does not require a county or tribal governing body to use
7the electronic benefit transfer system if the costs to the county or tribal government
8of delivering the benefits by the electronic benefit transfer system would be greater
9than the costs to the county or tribal government of delivering the benefits by means
10other than an electronic benefit transfer system.
AB75-ASA1, s. 830 11Section 830. 46.03 (2a) of the statutes is amended to read:
AB75-ASA1,452,1512 46.03 (2a) Gifts. Be authorized to accept gifts, grants or donations of money
13or of property from private sources to be administered by the department for the
14execution of its functions. All moneys so received shall be paid into the general fund
15and are appropriated therefrom as provided in s. 20.435 (9) (i).
AB75-ASA1, s. 831 16Section 831. 46.03 (43) of the statutes is amended to read:
AB75-ASA1,452,2017 46.03 (43) Compulsive gambling awareness campaigns. From the
18appropriation account under s. 20.435 (7) (5) (kg), provide award grants to one or
19more individuals or organizations in the private sector to conduct compulsive
20gambling awareness campaigns.
AB75-ASA1, s. 832 21Section 832. 46.057 (2) of the statutes is amended to read:
AB75-ASA1,453,722 46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the
23department of corrections shall transfer to the appropriation account under s. 20.435
24(2) (kx) $1,379,300 $1,296,500 in each fiscal year and, from the appropriation account
25under s. 20.410 (3) (hm), the department of corrections shall transfer to the

1appropriation account under s. 20.435 (2) (kx) $2,639,800 $2,872,300 in fiscal year
22007-08 2009-10 and $2,707,300 $2,896,100 in fiscal year 2008-09 2010-11, and
3from the appropriation account under s. 20.410 (3) (o), the department of corrections
4shall transfer to the appropriation account under s. 20.435 (2) (kx) $69,000 in each
5of fiscal years 2009-10 and 2010-11
for services for juveniles placed at the Mendota
6juvenile treatment center. The department of health services may charge the
7department of corrections not more than the actual cost of providing those services.
AB75-ASA1, s. 833 8Section 833. 46.10 (8) (i) of the statutes is amended to read:
AB75-ASA1,453,129 46.10 (8) (i) Pay quarterly from the appropriation accounts under s. 20.435 (2)
10(gk) and (7) (5) (gg) the collection moneys due county departments under ss. 51.42
11and 51.437. Payments shall be made as soon after the close of each quarter as is
12practicable.
AB75-ASA1, s. 834 13Section 834. 46.10 (14) (a) of the statutes is amended to read:
AB75-ASA1,454,314 46.10 (14) (a) Except as provided in pars. (b) and (c), liability of a person
15specified in sub. (2) or s. 46.03 (18) for inpatient care and maintenance of persons
16under 18 years of age at community mental health centers, a county mental health
17complex under s. 51.08, the centers for the developmentally disabled, the Mendota
18Mental Health Institute, and the Winnebago Mental Health Institute or care and
19maintenance of persons under 18 years of age in residential, nonmedical facilities
20such as group homes, foster homes, treatment foster homes, subsidized
21guardianship homes, residential care centers for children and youth, and juvenile
22correctional institutions is determined in accordance with the cost-based fee
23established under s. 46.03 (18). The department shall bill the liable person up to any
24amount of liability not paid by an insurer under s. 632.89 (2) or (2m) or by other
253rd-party benefits, subject to rules that include formulas governing ability to pay

1promulgated by the department under s. 46.03 (18). Any liability of the patient not
2payable by any other person terminates when the patient reaches age 18, unless the
3liable person has prevented payment by any act or omission.
AB75-ASA1, s. 835 4Section 835. 46.10 (14) (b) of the statutes is amended to read:
AB75-ASA1,454,135 46.10 (14) (b) Except as provided in par. (c) and subject to par. (cm), liability
6of a parent specified in sub. (2) or s. 46.03 (18) for the care and maintenance of the
7parent's minor child who has been placed by a court order under s. 48.355 or 48.357
8in a residential, nonmedical facility such as a group home, foster home, treatment
9foster home,
subsidized guardianship home, or residential care center for children
10and youth shall be determined by the court by using the percentage standard
11established by the department of children and families under s. 49.22 (9) and by
12applying the percentage standard in the manner established by the department
13under par. (g).
AB75-ASA1, s. 836 14Section 836. 46.208 (1) of the statutes is amended to read:
AB75-ASA1,454,1815 46.208 (1) All records of the county or tribal governing body relating to the
16administration of relief that is funded by a relief block grant under ch. 49, as defined
17in s. 49.001 (5p),
shall be open to inspection at all reasonable hours by authorized
18representatives of the department.
AB75-ASA1, s. 837 19Section 837. 46.208 (2m) of the statutes is amended to read:
AB75-ASA1,455,320 46.208 (2m) The department may at any time audit all records of the relief
21agency relating to the administration of relief funded by a relief block grant under
22ch. 49
, as defined in s. 49.001 (5p), and may at any time conduct administrative
23reviews of a county department under s. 46.215, 46.22, or 46.23. The department
24shall furnish a copy of the county audit or administrative review report to the
25chairperson of the county board of supervisors and the county clerk in a county with

1a single-county department or to the county boards of supervisors and the county
2clerks in counties with a multicounty department, and to the county director of the
3county department under s. 46.215, 46.22, or 46.23.
AB75-ASA1, s. 838 4Section 838. 46.21 (1) (d) of the statutes is amended to read:
AB75-ASA1,455,125 46.21 (1) (d) "Human services" means the total range of services to people,
6including mental illness treatment, developmental disabilities services, physical
7disabilities services, relief funded by a relief block grant under ch. 49, income
8maintenance, youth probation, extended supervision and parole services, alcohol
9and drug abuse services, services to children, youth and families, family counseling,
10early intervention services for children from birth to the age of 3, and manpower
11services. "Human services" does not include child welfare services under s. 48.48 (17)
12administered by the department in a county having a population of 500,000 or more.
AB75-ASA1, s. 839 13Section 839. 46.21 (2) (j) of the statutes is amended to read:
AB75-ASA1,455,2214 46.21 (2) (j) May exercise approval or disapproval power over contracts and
15purchases of the director that are for $50,000 or more, except that the county board
16of supervisors may not exercise approval or disapproval power over any personal
17service contract or over any contract or purchase of the director which that relates
18to community living arrangements, adult family homes, or foster homes or treatment
19foster homes
and which that was entered into pursuant to a contract under s. 46.031
20(2g) or 301.031 (2g), regardless of whether the contract mentions the provider, except
21as provided in par. (m). This paragraph does not preclude the county board of
22supervisors from creating a central purchasing department for all county purchases.
AB75-ASA1, s. 839p 23Section 839p. 46.215 (1) (intro.) of the statutes, as affected by 2009 Wisconsin
24Act 15
, is amended to read:
AB75-ASA1,456,11
146.215 (1) Creation; powers and duties. (intro.) In a county with a population
2of 500,000 or more the administration of welfare services, other than child welfare
3services under s. 48.48 (17) administered by the department and except as provided
4in s. ss. 49.155 (3g), 49.825, and 49.826, is vested in a county department of social
5services under the jurisdiction of the county board of supervisors under s. 46.21 (2m)
6(b) 1. a. Any reference in any law to a county department of social services under this
7section applies to a county department under s. 46.21 (2m) in its administration
8under s. 46.21 (2m) of the powers and duties of the county department of social
9services. Except as provided in s. ss. 49.155 (3g), 49.825, and 49.826, the county
10department of social services shall have the following functions, duties, and powers,
11and such other welfare functions as may be delegated to it:
AB75-ASA1, s. 840 12Section 840. 46.215 (1) (d) of the statutes is amended to read:
AB75-ASA1,456,1813 46.215 (1) (d) To make investigations that relate to services under subchs. II,
14IV, and V of ch. 49 upon request by the department of health services, to make
15investigations that relate to juvenile delinquency-related services at the request of
16the department of corrections, and to make investigations that relate to programs
17under ch. 48 and subch. III of ch. 49 upon request by the department of children and
18families.
AB75-ASA1, s. 841 19Section 841. 46.215 (1) (fm) of the statutes is repealed.
AB75-ASA1, s. 842 20Section 842. 46.215 (1) (j) of the statutes is repealed.
AB75-ASA1, s. 844 21Section 844. 46.215 (1) (p) of the statutes is amended to read:
AB75-ASA1,456,2422 46.215 (1) (p) To establish and administer the child care program under s.
2349.155, if the department of children and families contracts with the county
24department of social services to do so
.
AB75-ASA1, s. 845d 25Section 845d. 46.215 (2) (c) 3. of the statutes is amended to read:
AB75-ASA1,457,10
146.215 (2) (c) 3. A county department of social services shall develop, under the
2requirements of s. 301.08 (2), plans and contracts for juvenile delinquency-related
3care and services to be purchased. The department of corrections may review the
4contracts and approve them if they are consistent with s. 301.08 (2) and if state or
5federal funds are available for such purposes. The joint committee on finance may
6require the department of corrections to submit the contracts to the committee for
7review and approval. The department of corrections may not make any payments
8to a county for programs included in a contract under review by the committee. The
9department of corrections shall reimburse each county for the contracts from the
10appropriations under s. 20.410 (3) (cd) and, (ko), and (o) as appropriate.
AB75-ASA1, s. 846 11Section 846. 46.22 (1) (b) 1. d. of the statutes is amended to read:
AB75-ASA1,457,1412 46.22 (1) (b) 1. d. To submit a final budget in accordance with s. 46.031 (1) for
13services authorized in this section, except for the administration of and cost of aid
14granted under ss. 49.02, 49.19 and 49.45 to 49.471.
AB75-ASA1, s. 847 15Section 847. 46.22 (1) (b) 1. h. of the statutes is repealed.
AB75-ASA1, s. 848 16Section 848. 46.22 (1) (b) 2. e. of the statutes is repealed.
AB75-ASA1, s. 849 17Section 849. 46.22 (1) (b) 2. fm. of the statutes is amended to read:
AB75-ASA1,457,2018 46.22 (1) (b) 2. fm. To establish and administer the child care program under
19s. 49.155, if the department of children and families contracts with the county
20department of social services to do so
.
AB75-ASA1, s. 853d 21Section 853d. 46.22 (1) (e) 3. c. of the statutes is amended to read:
AB75-ASA1,458,722 46.22 (1) (e) 3. c. A county department of social services shall develop, under
23the requirements of s. 301.08 (2), plans and contracts for juvenile
24delinquency-related care and services to be purchased. The department of
25corrections may review the contracts and approve them if they are consistent with

1s. 301.08 (2) and to the extent that state or federal funds are available for such
2purposes. The joint committee on finance may require the department of corrections
3to submit the contracts to the committee for review and approval. The department
4of corrections may not make any payments to a county for programs included in the
5contract that is under review by the committee. The department of corrections shall
6reimburse each county for the contracts from the appropriations under s. 20.410 (3)
7(cd) and, (ko), and (o) as appropriate.
AB75-ASA1, s. 854 8Section 854. 46.23 (2) (a) of the statutes is amended to read:
AB75-ASA1,458,149 46.23 (2) (a) "Human services" means the total range of services to people
10including, but not limited to, health care, mental illness treatment, developmental
11disabilities services, relief funded by a block grant under ch. 49, income
12maintenance, probation, extended supervision and parole services, alcohol and drug
13abuse services, services to children, youth and aging, family counseling, special
14education services, and manpower services.
AB75-ASA1, s. 855 15Section 855. 46.266 (1) (intro.) of the statutes is amended to read:
AB75-ASA1,458,2416 46.266 (1) (intro.) Notwithstanding s. 49.45 (6m) (ag) and except as provided
17in sub. (3), if before July 1, 1989, the federal health care financing administration or
18the department found a skilled nursing facility or intermediate care facility in this
19state that provides care to medical assistance recipients for which the facility
20receives reimbursement under s. 49.45 (6m) to be an institution for mental diseases,
21the department shall allocate funds from the appropriation account under s. 20.435
22(7) (5) (be) for distribution under this section to a county department under s. 51.42
23for the care, in the community or in a facility found to be an institution for mental
24diseases, of the following persons:
AB75-ASA1, s. 856 25Section 856. 46.268 (1) (intro.) of the statutes is amended to read:
AB75-ASA1,459,4
146.268 (1) (intro.) Notwithstanding s. 49.45 (6m) (ag), from the appropriation
2account under s. 20.435 (7) (5) (be), the department shall distribute not more than
3$830,000 in each fiscal year in order to provide funding of community services for an
4eligible individual, if all of the following apply:
AB75-ASA1, s. 858 5Section 858. 46.281 (1n) (e) of the statutes is amended to read:
AB75-ASA1,459,166 46.281 (1n) (e) Contract with a person to provide the advocacy services
7described under s. 16.009 (2) (p) 1. to 5. to actual or potential recipients of the family
8care benefit who are under age 60 or to their families or guardians. The department
9may not contract under this paragraph with a county or with a person who has a
10contract with the department to provide services under s. 46.283 (3) and (4) as a
11resource center or to administer the family care benefit as a care management
12organization. The contract under this paragraph shall include as a goal that the
13provider of advocacy services provide one advocate for every 2,500 individuals under
14age 60 who receive the family care benefit. The department shall allocate $190,000
15for the contract under this paragraph in fiscal year 2007-08 and $525,000 in each
16subsequent fiscal year.
AB75-ASA1, s. 859 17Section 859. 46.281 (3) of the statutes is amended to read:
AB75-ASA1,460,218 46.281 (3) Duty of the secretary. The secretary shall certify to each county,
19hospital, nursing home, community-based residential facility, adult family home, as
20defined in s. 50.01 (1) (a) or (b),
and residential care apartment complex the date on
21which a resource center that serves the area of the county, hospital, nursing home,
22community-based residential facility, adult family home, or residential care
23apartment complex is first available to perform functional screenings and financial
24and cost-sharing screenings. To facilitate phase-in of services of resource centers,

1the secretary may certify that the resource center is available for specified groups of
2eligible individuals or for specified facilities in the county.
AB75-ASA1, s. 860 3Section 860. 46.283 (4) (e) of the statutes is amended to read:
AB75-ASA1,460,94 46.283 (4) (e) Provide information about the services of the resource center,
5including the services specified in sub. (3) (d), about assessments under s. 46.284 (4)
6(b) and care plans under s. 46.284 (4) (c), and about the family care benefit to all older
7persons and persons with a physical disability who are residents of nursing homes,
8community-based residential facilities, adult family homes, as defined in s. 50.01 (1)
9(a) or (b),
and residential care apartment complexes in the area of the resource center.
AB75-ASA1, s. 861 10Section 861. 46.283 (4) (g) of the statutes is amended to read:
AB75-ASA1,460,2411 46.283 (4) (g) Perform a functional screening and a financial and cost-sharing
12screening for any person seeking admission to a nursing home, community-based
13residential facility, residential care apartment complex, or adult family home, as
14defined in s. 50.01 (1) (a) or (b),
if the secretary has certified that the resource center
15is available to the person and the facility and the person is determined by the
16resource center to have a condition that is expected to last at least 90 days that would
17require care, assistance, or supervision. A resource center may not require a
18financial and cost-sharing screening for a person seeking admission or about to be
19admitted on a private pay basis who waives the requirement for a financial and
20cost-sharing screening under this paragraph, unless the person is expected to
21become eligible for medical assistance within 6 months. A resource center need not
22perform a functional screening for a person seeking admission or about to be
23admitted for whom a functional screening was performed within the previous 6
24months.
AB75-ASA1, s. 862 25Section 862. 46.284 (3m) of the statutes is created to read:
AB75-ASA1,461,4
146.284 (3m) Permit required. A care management organization that is
2described under s. 600.01 (1) (b) 10. a., to which s. 600.01 (1) (b) 10. b. does not apply
3and that is certified under sub. (3) shall apply for a permit with the office of the
4commissioner of insurance under ch. 648.
AB75-ASA1, s. 863 5Section 863. 46.284 (4) (m) of the statutes is created to read:
AB75-ASA1,461,96 46.284 (4) (m) Compensate providers, as defined in s. 46.2898 (1) (e), in
7accordance with any agreement under subch. V of ch. 111 relating to a provider hired
8directly by an enrollee and make any payroll deductions authorized by those
9agreements.
AB75-ASA1, s. 864 10Section 864. 46.286 (1) (a) (intro.) and 1. (intro.) of the statutes are
11consolidated, renumbered 46.286 (1) (a) (intro.) and amended to read:
AB75-ASA1,461,1512 46.286 (1) (a) Functional eligibility. (intro.) A person is functionally eligible
13if any of the following applies the person's level of care need, as determined by the
14department or its designee: 1. (intro.) The person's level of care need, is either of the
15following:
AB75-ASA1, s. 865 16Section 865. 46.286 (1) (a) 1. a. of the statutes is renumbered 46.286 (1) (a) 1m.
AB75-ASA1, s. 866 17Section 866. 46.286 (1) (a) 1. b. of the statutes is renumbered 46.286 (1) (a) 2m.
AB75-ASA1, s. 867 18Section 867. 46.286 (1) (a) 2. (intro.) of the statutes is repealed.
AB75-ASA1, s. 868 19Section 868. 46.286 (1) (a) 2. a. of the statutes is renumbered 46.286 (3) (b) 2.
20a.
AB75-ASA1, s. 869 21Section 869. 46.286 (1) (a) 2. b. of the statutes is renumbered 46.286 (3) (b) 2.
22b.
AB75-ASA1, s. 870 23Section 870. 46.286 (1) (a) 2. c. of the statutes is renumbered 46.286 (3) (b) 2.
24c.
AB75-ASA1, s. 871
1Section 871. 46.286 (1) (a) 2. d. of the statutes is renumbered 46.286 (3) (b) 2.
2d.
AB75-ASA1, s. 872 3Section 872. 46.286 (1) (a) 2. e. of the statutes is renumbered 46.286 (3) (b) 2.
4e.
AB75-ASA1, s. 872k 5Section 872k. 46.286 (1) (b) (intro.) (except 46.286 (1) (b) (title)) of the statutes
6is renumbered 46.286 (1) (b) 2m. (intro.).
AB75-ASA1, s. 873 7Section 873. 46.286 (1) (b) 1c. of the statutes is created to read:
AB75-ASA1,462,98 46.286 (1) (b) 1c. In this paragraph, "medical assistance" does not include
9coverage of the benefits under s. 49.471 (11).
AB75-ASA1, s. 874 10Section 874. 46.286 (1) (b) 1m. of the statutes is renumbered 46.286 (1) (b) 2m.
11a.
AB75-ASA1, s. 875 12Section 875. 46.286 (1) (b) 3. of the statutes is renumbered 46.286 (1) (b) 2m.
13b.
AB75-ASA1, s. 877 14Section 877. 46.286 (3) (a) 4m. of the statutes is amended to read:
AB75-ASA1,462,1615 46.286 (3) (a) 4m. The person is financially eligible under sub. (1) (b) 1m. 2m.
16a.
, and fulfills any applicable cost-sharing requirements.
AB75-ASA1, s. 878 17Section 878. 46.286 (3) (b) 2. of the statutes is renumbered 46.286 (3) (b) 2.
18(intro.) and amended to read:
AB75-ASA1,462,2419 46.286 (3) (b) 2. (intro.) If the contract between the care management
20organization and the department is canceled or not renewed. If this circumstance
21occurs, the department shall assure that enrollees continue to receive needed
22services through another care management organization or through the medical
23assistance fee-for-service system or any of the following programs specified under
24sub. (1) (a) 2. a. to d.
:
AB75-ASA1, s. 879 25Section 879. 46.286 (3) (c) of the statutes is amended to read:
AB75-ASA1,463,7
146.286 (3) (c) Within each county and for each client group, par. (a) shall first
2apply on the effective date of a contract under which a care management
3organization accepts a per person per month payment to provide services under the
4family care benefit to eligible persons in that client group in the county. Within 24
536 months after this date, the department shall assure that sufficient capacity exists
6within one or more care management organizations to provide the family care benefit
7to all entitled persons in that client group in the county.
AB75-ASA1, s. 880 8Section 880. 46.288 (2) (intro.) of the statutes is amended to read:
AB75-ASA1,463,149 46.288 (2) (intro.) Criteria and procedures for determining functional
10eligibility under s. 46.286 (1) (a), financial eligibility under s. 46.286 (1) (b), and cost
11sharing under s. 46.286 (2) (a). The rules for determining functional eligibility under
12s. 46.286 (1) (a) 1. a. 1m. shall be substantially similar to eligibility criteria for receipt
13of the long-term support community options program under s. 46.27. Rules under
14this subsection shall include definitions of the following terms applicable to s. 46.286:
AB75-ASA1, s. 881 15Section 881. 46.288 (2) (a) of the statutes is repealed.
AB75-ASA1, s. 882 16Section 882. 46.288 (2) (b) of the statutes is repealed.
AB75-ASA1, s. 883 17Section 883. 46.288 (2) (c) of the statutes is repealed.
AB75-ASA1, s. 884 18Section 884. 46.2898 of the statutes is created to read:
AB75-ASA1,463,19 1946.2898 Quality home care. (1) Definitions. In this section:
AB75-ASA1,463,2020 (a) "Authority" means the Wisconsin Quality Home Care Authority.
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