46.27(7)(fr)2.
2. The annual amount of a county's expenditure for a risk reserve, as specified in
subd. 1., may not exceed 10% of the county's most recent allocation under
pars. (am) and
(b) and
sub. (11) (c) 3. or $750,000, whichever is less. The total amount of the risk reserve, including interest, may not exceed 15% of the county's most recent allocation under this subsection.
46.27(7)(fr)3.
3. A county may expend funds maintained in a risk reserve, as specified in
subd. 1., for any of the following purposes:
46.27(7)(fr)3.a.
a. To defray costs of long-term community support services under this section.
46.27(7)(fr)3.b.
b. To meet requirements under any contract that the county has with the department to operate a care management organization under
s. 46.284.
46.27(7)(fr)3.c.
c. If approved by a resolution of the county board of supervisors, to transfer funds to a long-term care district.
46.27(7)(fr)3.d.
d. If approved by the department, for administrative or staff costs under this section.
46.27(7)(fr)4.
4. A county that maintains a risk reserve, as specified in
subd. 1., shall annually, on a form prescribed by the department, submit to the department a record of the status of the risk reserve, including revenues and disbursements.
46.27(7)(g)
(g) The department may carry forward to the next state fiscal year 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 planning and implementation of resource centers under
s. 46.283 or care management organizations under
s. 46.284 and 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.
46.27(7)(g)4.
4. Purchase of medical equipment or other specially adapted equipment.
46.27(7g)(a)1.
1. "Client" means a person who receives or received long-term community support services that are funded under
sub. (7).
46.27(7g)(a)3.
3. "Home" means property in which a person has an ownership interest consisting of the person's dwelling and the land used and operated in connection with the dwelling.
46.27(7g)(c)1.1. Except as provided in
subd. 4., the department shall file a claim against the estate of a client or against the estate of the surviving spouse of a client for the amount of long-term community support services funded under
sub. (7) paid on behalf of the client after the client attained 55 years of age, unless already recovered by the department under this subsection.
46.27(7g)(c)2.
2. The affidavit of a person designated by the secretary to administer this paragraph is evidence of the amount of the claim.
46.27(7g)(c)3.
3. The court shall reduce the amount of a claim under
subd. 1. by up to the amount specified in
s. 861.33 (2) if necessary to allow the client's heirs or the beneficiaries of the client's will to retain the following personal property:
46.27(7g)(c)3.a.
a. The decedent's wearing apparel and jewelry held for personal use.
46.27(7g)(c)3.c.
c. Other tangible personal property not used in trade, agriculture or other business, not to exceed in value the amount specified in
s. 861.33 (1) (a) 4.
46.27(7g)(c)4.
4. A claim under
subd. 1. is not allowable if the decedent has a surviving child who is under age 21 or disabled or a surviving spouse.
46.27(7g)(c)5.a.a. If the department's claim is not allowable because of
subd. 4. and the estate includes an interest in a home, the court exercising probate jurisdiction shall, in the final judgment or summary findings and order, assign the interest in the home subject to a lien in favor of the department for the amount described in
subd. 1. The personal representative or petitioner for summary settlement or summary assignment of the estate shall record the final judgment as provided in
s. 863.29,
867.01 (3) (h) or
867.02 (2) (h).
46.27(7g)(c)5.b.
b. If the department's claim is not allowable because of
subd. 4., the estate includes an interest in a home and the personal representative closes the estate by sworn statement under
s. 865.16, the personal representative shall stipulate in the statement that the home is assigned subject to a lien in favor of the department for the amount described in
subd. 1. The personal representative shall record the statement in the same manner as described in
s. 863.29, as if the statement were a final judgment.
46.27(7g)(c)6.
6. The department may not enforce the lien under
subd. 5. as long as any of the following survive the decedent: