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SB21-SSA1,486,320 (g) The department may carry forward to the next state fiscal year funds
21allocated under this subsection and not encumbered by counties by December 31 or
22carried forward under par. (e). The department may transfer moneys within s.
2320.435 (4) (bd) to accomplish this purpose. An allocation under this paragraph shall
24not affect a county's base allocation for the program. The department may allocate
25these transferred moneys during the next fiscal year to counties for the improvement

1or expansion of long-term community support services for clients whose cost of care
2significantly exceeds the average cost of care provided under this section, including
3any of the following:
SB21-SSA1,486,44 1. Specialized training for providers of services under this section.
SB21-SSA1,486,55 2. Start-up costs for developing needed services.
SB21-SSA1,486,66 3. Home modifications.
SB21-SSA1,486,77 4. Purchase of medical equipment or other specially adapted equipment.
SB21-SSA1,486,118 (h) Funds allocated under this subsection may not be used to replace any other
9state and federal funds or any county funds that are currently being provided under
10any program to a family whose child is receiving services through the children's
11community options program.
SB21-SSA1,486,16 12(14) Medical assistance waiver. (a) The department may request a waiver
13from the federal department of health and human services authorizing the
14department to provide as part of the Medical Assistance program services for persons
15who are eligible for children's long-term support community options program
16services under sub. (7) (b).
SB21-SSA1,486,2117 (b) 1. Medical assistance reimbursement for services a county or a private
18nonprofit agency, or with which the department contracts provides under this
19subsection shall be made from the appropriations under s. 20.435 (4) (bd) and (o) and
20(7) (b). Payments made under sub. (13) (a) may be used as the state share for
21purposes of Medical Assistance reimbursement.
SB21-SSA1,486,2322 3. The department may contract for services under this subsection with a
23county or a private nonprofit agency.
SB21-SSA1,487,224 4. No county or private nonprofit agency may use funds received under this
25subsection to provide residential services in a group home, as defined in s. 48.02 (7),

1that has more than 5 beds, unless the department approves the provision of services
2in a group home that has 6 to 8 beds.
SB21-SSA1,487,53 (c) If a county department or private nonprofit agency providing services under
4this subsection is certified under s. 49.45 (37) (a), the waiver under s. 49.45 (37), if
5in effect, applies to plans of care for children receiving services under this subsection.
SB21-SSA1,487,9 6(15) Right to hearing. A child who is denied eligibility for services or whose
7services are reduced or terminated under this section may request a hearing from the
8department under s. 227.44, except that lack of adequate funding may not serve as
9the basis for a request under this subsection.
SB21-SSA1,1536 10Section 1536. 46.277 (5g) (b) of the statutes is renumbered 46.277 (5g) (b)
11(intro.) and amended to read:
SB21-SSA1,487,1512 46.277 (5g) (b) (intro.) This section does not apply to the delicensure of a bed
13of an institution for mental diseases of an individual who is aged 21 to 64, who has
14a primary diagnosis of mental illness and who otherwise meets any of the following
15requirements of s. 46.266 (1) (a), (b) or (c).:
SB21-SSA1,1537 16Section 1537. 46.277 (5g) (b) 1. and 2. of the statutes are created to read:
SB21-SSA1,487,2117 46.277 (5g) (b) 1. A person who resided in the facility on the date of the finding
18that a skilled nursing facility or intermediate care facility that provides care to
19Medical Assistance recipients to be an institution for mental diseases whose care in
20the facility is disallowed for federal financial participation under Medical
21Assistance.
SB21-SSA1,488,222 2. A person who is aged 21 to 64, who has a primary diagnosis of mental illness,
23who would meet the level of care requirements for Medical Assistance
24reimbursement in a skilled nursing facility or intermediate care facility but for a

1finding that the facility is an institution for mental diseases, and for whom services
2would be provided in place of a person specified in subd. 1. who discontinues services.
SB21-SSA1,1542 3Section 1542. 46.2803 (2) of the statutes is amended to read:
SB21-SSA1,488,114 46.2803 (2) Notwithstanding s. 46.27 (7), a county in which a care management
5organization is operating pursuant to a contract under s. 46.284 (2) or a county in
6which a program described under s. 46.2805 (1) (a) or (b) is administered may use
7funds appropriated under s. 20.435 (7) (4) (bd) and allocated to the county under s.
846.27 (7) to provide community mental health or substance abuse services and
9supports for persons with mental illness or persons in need of services or supports
10for substance abuse and to provide services under the Family Support Program
11under s. 46.985.
SB21-SSA1,1543 12Section 1543 . 46.2803 (2) of the statutes, as affected by 2015 Wisconsin Act
13.... (this act), is amended to read:
SB21-SSA1,488,2014 46.2803 (2) Notwithstanding s. 46.27 (7), a county in which a care management
15organization is operating pursuant to a contract under s. 46.284 (2) or a county in
16which a program described under s. 46.2805 (1) (a) or (b) is administered may use
17funds appropriated under s. 20.435 (4) (bd) and allocated to the county under s. 46.27
18(7) to provide community mental health or substance abuse services and supports for
19persons with mental illness or persons in need of services or supports for substance
20abuse and to provide services under the Family Support Program under s. 46.985.
SB21-SSA1,1568 21Section 1568. 46.281 (4) (d) of the statutes is amended to read:
SB21-SSA1,488,2322 46.281 (4) (d) The department shall deposit payments made by counties under
23this subsection in the appropriation account under s. 20.435 (7) (g) (4) (h).
SB21-SSA1,1569b 24Section 1569b. 46.2825 (2) (i) of the statutes is created to read:
SB21-SSA1,489,2
146.2825 (2) (i) Review and assess the self-directed services option, as defined
2in s. 46.2899 (1).
SB21-SSA1,1586 3Section 1586. 46.283 (5) of the statutes is amended to read:
SB21-SSA1,489,74 46.283 (5) Funding. From the appropriation accounts under s. 20.435 (4) (b),
5(bd), (bm), (gm), (pa), and (w) and (7) (b), (bd), and (md), the department may contract
6with organizations that meet standards under sub. (3) for performance of the duties
7under sub. (4) and shall distribute funds for services provided by resource centers.
SB21-SSA1,1603 8Section 1603. 46.284 (5) (a) of the statutes is amended to read:
SB21-SSA1,489,159 46.284 (5) (a) From the appropriation accounts under s. 20.435 (4) (b), (bd), (g),
10(gm), (h), (im), (o), and (w) and (7) (b), (bd), and (g), the department shall provide
11funding on a capitated payment basis for the provision of services under this section.
12Notwithstanding s. 46.036 (3) and (5m), a care management organization that is
13under contract with the department may expend the funds, consistent with this
14section, including providing payment, on a capitated basis, to providers of services
15under the family care benefit.
SB21-SSA1,1618c 16Section 1618c. 46.2895 (4) (n) of the statutes is created to read:
SB21-SSA1,489,1817 46.2895 (4) (n) In accordance with state law, operate a health maintenance
18organization.
SB21-SSA1,1621 19Section 1621. 46.2896 of the statutes is created to read:
SB21-SSA1,489,20 2046.2896 Counting promissory notes as assets. (1) In this section:
SB21-SSA1,489,2421 (a) "Long-term care program" means the long-term care program under s.
2246.27, 46.275, 46.277, 46.278, or 46.2785; the family care program providing the
23benefit under s. 46.286; the Family Care Partnership program; or the long-term care
24program defined in s. 46.2899 (1).
SB21-SSA1,490,4
1(b) "Promissory note" means a written, unconditional agreement, given in
2return for goods, money loaned, or services rendered, under which one party
3promises to pay another party a specified sum of money at a specified time or on
4demand.
SB21-SSA1,490,7 5(2) When determining or redetermining an individual's financial eligibility for
6a long-term care program, the department shall include a promissory note as a
7countable asset if all of the following apply:
SB21-SSA1,490,108 (a) The individual applying for or receiving benefits under the long-term care
9program or his or her spouse provided the goods, money loaned, or services rendered
10for the promissory note.
SB21-SSA1,490,1211 (b) The promissory note was entered into or purchased on or after the effective
12date of this paragraph .... [LRB inserts date].
SB21-SSA1,490,1413 (c) The promissory note is negotiable, assignable, and enforceable and does not
14contain any terms making it unmarketable.
SB21-SSA1,490,20 15(3) A promissory note is presumed to be negotiable and its asset value is the
16outstanding principal balance at the time the individual applies for the long-term
17care program or at the time the individual's eligibility for the long-term care
18program is redetermined, unless the individual shows by credible evidence from a
19knowledgeable source that the note is nonnegotiable or has a different current
20market value, which will then be considered the asset value.
SB21-SSA1,1626 21Section 1626. 46.29 (1) (intro.) of the statutes is amended to read:
SB21-SSA1,490,2522 46.29 (1) (intro.) From the appropriation account under s. 20.435 (7) (4) (a), the
23department shall distribute at least $16,100 in each fiscal year for operation of the
24council on physical disabilities. The council on physical disabilities shall do all of the
25following:
SB21-SSA1,1627
1Section 1627. 46.29 (3) (d) of the statutes is amended to read:
SB21-SSA1,491,32 46.29 (3) (d) The director of the office administrator of the division of state
3employment relations
personnel management in the department of administration.
SB21-SSA1,1630 4Section 1630. 46.295 (1) of the statutes is amended to read:
SB21-SSA1,491,85 46.295 (1) The department may, on the request of any hearing-impaired
6person, city, village, town, or county or private agency, provide funds from the
7appropriation accounts under s. 20.435 (4) (hs) and (7) (d) and (hs) to reimburse
8interpreters for hearing-impaired persons for the provision of interpreter services.
SB21-SSA1,1631 9Section 1631. 46.40 (1) (a) of the statutes is amended to read:
SB21-SSA1,491,1510 46.40 (1) (a) Within the limits of available federal funds and of the
11appropriations under s. 20.435 (7) (b) and (o), the department shall distribute funds
12for community social, mental health, developmental disabilities, and alcohol and
13other drug abuse services and for services under ss. 46.87, 46.985, and 51.421 to
14county departments under ss. 46.215, 46.22, 46.23, 51.42, and 51.437 and to county
15aging units, as provided in subs. (2), (2m), (8), and (7) to (9).
SB21-SSA1,1632 16Section 1632. 46.40 (7) of the statutes is repealed.
SB21-SSA1,1633 17Section 1633. 46.40 (7m) of the statutes is created to read:
SB21-SSA1,491,2018 46.40 (7m) State community mental health allocation. For community
19mental health services, the department shall distribute not less than $24,348,700 in
20each fiscal year.
SB21-SSA1,1634 21Section 1634. 46.40 (14m) of the statutes is amended to read:
SB21-SSA1,492,222 46.40 (14m) County community aids budgets. Before December 1 of each year,
23each county department under ss. 46.215, 46.22, 46.23, 51.42 and 51.437 and each
24tribal governing body shall submit to the department a proposed budget for the
25expenditure of funds allocated under this section or carried forward under s. 46.45

1(3) (a). The proposed budget shall be submitted on a form developed by the
2department and approved by the department of administration.
SB21-SSA1,1635 3Section 1635. 46.45 (3) (a) of the statutes is amended to read:
SB21-SSA1,492,164 46.45 (3) (a) Except as provided in par. (b), at the request of a county, tribal
5governing body, or private nonprofit organization, the department shall carry
6forward up to 3% of the total amount allocated to the county, tribal governing body,
7or nonprofit organization for a calendar year, not including the amount allocated to
8the county under s. 46.40 (7), which amount may be carried forward as provided in
9par. (c)
. All funds carried forward for a tribal governing body or nonprofit
10organization and all funds allocated under s. 46.40 (2m) carried forward for a county
11shall be used for the purpose for which the funds were originally allocated. Other
12funds carried forward under this paragraph may be used for any purpose under s.
1320.435 (7) (b), except that a county may not use any funds carried forward under this
14paragraph for administrative or staff costs. An allocation of carried-forward funding
15under this paragraph does not affect a county's base allocations under s. 46.40 (2),
16(2m), (8), and (9).
SB21-SSA1,1636 17Section 1636. 46.45 (3) (c) of the statutes is repealed.
SB21-SSA1,1637 18Section 1637. 46.45 (6) (a) of the statutes is renumbered 46.45 (6) and
19amended to read:
SB21-SSA1,492,2420 46.45 (6) The department may carry forward 10% of any funds specified in sub.
21(3) (a) that are not carried forward under sub. (3) (a) for emergencies, for justifiable
22unit services costs above planned levels, and for increased costs due to population
23shifts. An allocation of carried-forward funding under this paragraph does not affect
24a county's base allocations under s. 46.40 (2), (2m), (8), and (9).
SB21-SSA1,1638 25Section 1638. 46.45 (6) (b) of the statutes is repealed.
SB21-SSA1,1639
1Section 1639. 46.56 (3) (a) 4. of the statutes is repealed.
SB21-SSA1,1640 2Section 1640. 46.56 (10) of the statutes is repealed.
SB21-SSA1,1644w 3Section 1644w. 46.96 (title) of the statutes is amended to read:
SB21-SSA1,493,5 446.96 (title) Independent living center grants; independent living
5services
.
SB21-SSA1,1645 6Section 1645. 46.96 (2) of the statutes is amended to read:
SB21-SSA1,493,97 46.96 (2) The department shall make grants from the appropriations under s.
820.435 (7) (c), (kc), and (na) to independent living centers for nonresidential services
9to severely disabled individuals.
SB21-SSA1,1645c 10Section 1645c. 46.96 (2d) of the statutes is created to read:
SB21-SSA1,493,1311 46.96 (2d) The department shall make grants from the appropriations under
12s. 20.435 (7) (c) and (na) for the purposes for which the federal moneys are received,
13including for independent living services.
SB21-SSA1,1646 14Section 1646. 46.985 of the statutes is repealed.
SB21-SSA1,1647 15Section 1647. 46.99 (4) of the statutes is amended to read:
SB21-SSA1,493,2216 46.99 (4) From the appropriation account under s. 20.435 (4) (o), the
17department may distribute to counties that provide services under this section the
18amount of federal moneys received by the state as the federal share of medical
19assistance for those services, minus the amount transferred to the appropriation
20account under s. 20.435 (7) (4) (im) for the department's costs of administering this
21section. Counties shall use moneys distributed under this section to provide services
22under this section or s. 51.44.
SB21-SSA1,1648 23Section 1648. 47.02 (3m) (p) of the statutes is repealed.
SB21-SSA1,1648n 24Section 1648n. 48.185 (3) of the statutes is created to read:
SB21-SSA1,494,2
148.185 (3) Venue for a proceeding under s. 48.366 (3) (am) shall be in the county
2where the most recent order specified in s. 48.366 (1) (a) or (b) was issued.
SB21-SSA1,1648s 3Section 1648s. 48.315 (2m) (c) of the statutes is created to read:
SB21-SSA1,494,74 48.315 (2m) (c) The court making a finding under s. 48.366 (3) (am) 3. that a
5person's placement in out-of-home care under a transition-to-independent-living
6agreement is in the best interests of the person more than 180 days after the date on
7which the agreement is entered into.
SB21-SSA1,1649 8Section 1649. 48.366 (1) of the statutes is renumbered 48.366 (1) (intro.) and
9amended to read:
SB21-SSA1,494,1310 48.366 (1) (intro.) Applicability. This section applies to a person who is a
11full-time student of a secondary school or its vocational or technical equivalent, for
12whom an individualized education program under s. 115.787 is in effect, and to whom
13any of the following applies:
SB21-SSA1,494,19 14(a) The person is placed in a foster home, group home, or residential care center
15for children and youth, in the home of a relative other than a parent, or in a
16supervised independent living arrangement under an order under s. 48.355, 48.357,
17or 48.365 that terminates as provided in s. 48.355 (4) (b) 1., 2., or 3., 48.357 (6) (a) 1.,
182., or 3., or 48.365 (5) (b) 1., 2., or 3. on or after the person attains 18 years of age or
19who
.
SB21-SSA1,494,24 20(b) The person is in the guardianship and custody of an agency specified in s.
2148.427 (3m) (a) 1. to 4. or (am) under an order under s. 48.43, who is a full-time
22student of a secondary school or its vocational or technical equivalent, and for whom
23an individualized education program under s. 115.787 is in effect
that terminates on
24the date on which the person attains 18 years of age
.
SB21-SSA1,1650 25Section 1650. 48.366 (1) (c) of the statutes is created to read:
SB21-SSA1,495,2
148.366 (1) (c) The person is placed in a shelter care facility on the date on which
2an order specified in par. (a) or (b) terminates.
SB21-SSA1,1651 3Section 1651. 48.366 (2) (a) of the statutes is amended to read:
SB21-SSA1,495,194 48.366 (2) (a) Not less than 120 days before an order described in sub. (1) (a)
5or (b)
terminates, the agency primarily responsible for providing services under the
6order shall request the person who is the subject of the order to indicate whether he
7or she wishes to be discharged from out-of-home care on termination of the order or
8wishes to continue in out-of-home care under a voluntary agreement under sub. (3).
9If the person is subject to an order under s. 48.355, 48.357, or 48.365 described in sub.
10(1) (a), the agency shall also request the person to indicate whether he or she wishes
11to continue in out-of-home care until the date specified in s. 48.365 (5) (b) 4. under
12an extension of the order. If the person indicates that he or she wishes to be
13discharged from out-of-home care on termination of the order, the agency shall
14request a transition-to-discharge hearing under par. (b). If the person indicates that
15he or she wishes to continue in out-of-home care under an extension of an order
16under s. 48.355, 48.357, or 48.365 described in sub. (1) (a), the agency shall request
17an extension of the order under s. 48.365. If the person indicates that he or she
18wishes to continue in out-of-home care under a voluntary agreement under sub. (3),
19the agency and the person shall enter into such an agreement.
SB21-SSA1,1652 20Section 1652. 48.366 (2) (b) 1. of the statutes is amended to read:
SB21-SSA1,496,621 48.366 (2) (b) 1. If the person who is the subject of an order described in sub.
22(1) (a) or (b) indicates that he or she wishes to be discharged from out-of-home care
23on termination of the order, the agency primarily responsible for providing services
24to the person under the order shall request the court to hold a
25transition-to-discharge hearing and shall cause notice of that request to be provided

1to that person, the parent, guardian, and legal custodian of that person, any foster
2parent or other physical custodian described in s. 48.62 (2) of that person, that
3person's court-appointed special advocate, all parties who are bound by the
4dispositional order, and, if that person is an Indian child who has been removed from
5the home of his or her parent or Indian custodian, that person's Indian custodian and
6tribe.
SB21-SSA1,1653 7Section 1653. 48.366 (2) (b) 3. of the statutes is amended to read:
SB21-SSA1,496,148 48.366 (2) (b) 3. At the hearing the court shall review with the person who is
9the subject of an order described in sub. (1) (a) or (b) the options specified in par. (a)
10and. If the person is subject to an order under s. 48.355, 48.357, or 48.365 described
11in sub. (1) (a),
the court shall also advise the person that he or she may continue in
12out-of-home care as provided in par. (a) under an extension of an order under s.
1348.355, 48.357, or 48.365 described in sub. (1) (a) or under a voluntary agreement
14under sub. (3).
SB21-SSA1,1654 15Section 1654. 48.366 (2) (b) 4. of the statutes is amended to read:
SB21-SSA1,497,616 48.366 (2) (b) 4. If the court determines that the person who is the subject of
17an order described in sub. (1) (a) or (b) understands that he or she may continue in
18out-of-home care, but wishes to be discharged from that care on termination of the
19order, the court shall advise the person that he or she may enter into a voluntary
20agreement under sub. (3) at any time before he or she is granted a high school or high
21school equivalency diploma or reaches 21 years of age, whichever occurs first, so long
22as he or she is a full-time student at a secondary school or its vocational or technical
23equivalent and an individualized education program under s. 115.787 is in effect for
24him or her. If the court determines that the person wishes to continue in
25out-of-home care under an extension of an order under s. 48.355, 48.357, or 48.365

1described in sub. (1) (a), the court shall schedule an extension hearing under s.
248.365. If the court determines that the person wishes to continue in out-of-home
3care under a voluntary agreement under sub. (3), the court shall order the agency
4primarily responsible for providing services to the person under the order to provide
5transition-to-independent-living services for the person under a voluntary
6agreement under sub. (3).
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