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AB56-ASA1,297,5 2046.269 Determining financial eligibility for long-term care programs.
21To the extent approved by the federal government, the department or its designee
22shall exclude any assets accumulated in a person's independence account, as defined
23in s. 49.472 (1) (c), and any income or assets from retirement benefits earned or
24accumulated from income or employer contributions while employed and receiving
25state-funded benefits under s. 46.27 or medical assistance under s. 49.472 in

1determining financial eligibility and cost-sharing requirements, if any, for a
2long-term care program under s. 46.27, 46.275 , or 46.277, for the family care
3program that provides the benefit defined in s. 46.2805 (4), for the Family Care
4Partnership program, or for the self-directed services option, as defined in s. 46.2897
5(1).
AB56-ASA1,448 6Section 448 . 46.27 of the statutes is repealed.
AB56-ASA1,449 7Section 449 . 46.271 (1) (c) of the statutes is amended to read:
AB56-ASA1,297,108 46.271 (1) (c) The department may contract with an aging unit, as defined in
9s. 46.27 46.82 (1) (a), for administration of services under par. (a) if, by resolution,
10the county board of supervisors of that county so requests the department.
AB56-ASA1,450 11Section 450 . 46.275 (3) (e) of the statutes is repealed.
AB56-ASA1,451 12Section 451 . 46.275 (5) (b) 7. of the statutes is amended to read:
AB56-ASA1,297,1613 46.275 (5) (b) 7. Provide services in any community-based residential facility
14unless the county or department uses as a service contract the approved model
15contract developed under s. 46.27 (2) (j), 2017 stats., or a contract that includes all
16of the provisions of the approved model contract.
AB56-ASA1,452 17Section 452 . 46.277 (1m) (at) of the statutes is amended to read:
AB56-ASA1,297,2118 46.277 (1m) (at) “Private nonprofit agency" has the meaning specified in s.
1946.27 (1) (bm)
means a nonprofit corporation, as defined in s. 181.0103 (17), that
20provides a program of all-inclusive care for the elderly under 42 USC 1395eee or
211396u-4
.
AB56-ASA1,453 22Section 453 . 46.277 (3) (a) of the statutes is amended to read:
AB56-ASA1,298,623 46.277 (3) (a) Sections 46.27 (3) (b) and Section 46.275 (3) (a) and (c) to (e) apply
24applies to county participation in this program, except that services provided in the
25program shall substitute for care provided a person in a skilled nursing facility or

1intermediate care facility who meets the level of care requirements for medical
2assistance reimbursement to that facility rather than for care provided at a state
3center for the developmentally disabled. The number of persons who receive services
4provided by the program under this paragraph may not exceed the number of
5nursing home beds, other than beds specified in sub. (5g) (b), that are delicensed as
6part of a plan submitted by the facility and approved by the department.
AB56-ASA1,454 7Section 454 . 46.277 (5) (d) 2. (intro.) and b. of the statutes are consolidated,
8renumbered 46.277 (5) (d) 2. and amended to read:
AB56-ASA1,298,169 46.277 (5) (d) 2. No county may use funds received under this section to provide
10residential services in any community-based residential facility, as defined in s.
1150.01 (1g), unless one of the following applies: b. The the department approves the
12provision of services in a community-based residential facility that entirely consists
13of independent apartments, each of which has an individual lockable entrance and
14exit and individual separate kitchen, bathroom, sleeping and living areas, to
15individuals who are eligible under this section and are physically disabled or are at
16least 65 years of age.
AB56-ASA1,455 17Section 455 . 46.277 (5) (d) 2. a. of the statutes is repealed.
AB56-ASA1,456 18Section 456 . 46.277 (5) (d) 3. of the statutes is amended to read:
AB56-ASA1,298,2519 46.277 (5) (d) 3. If subd. 2. a. or b. applies, no county may use funds received
20under this section to pay for services provided to a person who resides or intends to
21reside in a community-based residential facility and who is initially applying for the
22services, if the projected cost of services for the person, plus the cost of services for
23existing participants, would cause the county to exceed the limitation under sub. (3)
24(c). The department may grant an exception to the requirement under this
25subdivision, under the conditions specified by rule, to avoid hardship to the person.
AB56-ASA1,457
1Section 457. 46.277 (5) (f) of the statutes is amended to read:
AB56-ASA1,299,62 46.277 (5) (f) No county or private nonprofit agency may use funds received
3under this subsection to provide services in any community-based residential
4facility unless the county or agency uses as a service contract the approved model
5contract developed under s. 46.27 (2) (j), 2017 stats., or a contract that includes all
6of the provisions of the approved model contract.
AB56-ASA1,458 7Section 458 . 46.278 (4) (a) of the statutes is amended to read:
AB56-ASA1,299,158 46.278 (4) (a) Sections 46.27 (3) (b) and Section 46.275 (3) (a) and (c) to (e) apply
9applies to county participation in a program, except that services provided in the
10program shall substitute for care provided a person in an intermediate care facility
11for persons with an intellectual disability or in a brain injury rehabilitation facility
12who meets the intermediate care facility for persons with an intellectual disability
13or brain injury rehabilitation facility level of care requirements for medical
14assistance reimbursement to that facility rather than for care provided at a state
15center for the developmentally disabled.
AB56-ASA1,459 16Section 459 . 46.2803 of the statutes is repealed.
AB56-ASA1,460 17Section 460 . 46.2805 (1) (b) of the statutes is amended to read:
AB56-ASA1,299,2018 46.2805 (1) (b) A demonstration program known as the Wisconsin partnership
19Family Care Partnership program under a federal waiver authorized under 42 USC
201315 1396n.
AB56-ASA1,461 21Section 461 . 46.281 (1d) of the statutes is amended to read:
AB56-ASA1,300,422 46.281 (1d) Waiver request. The department shall request from the secretary
23of the federal department of health and human services any waivers of federal
24medicaid laws necessary to permit the use of federal moneys to provide the family
25care benefit and the self-directed services option to recipients of medical assistance.

1The department shall implement any waiver that is approved and that is consistent
2with ss. 46.2805 to 46.2895. Regardless of whether a waiver is approved, the
3department may implement operation of resource centers, care management
4organizations, and the family care benefit.
AB56-ASA1,462 5Section 462 . 46.281 (1n) (d) of the statutes is repealed.
AB56-ASA1,463 6Section 463 . 46.281 (3) of the statutes is repealed.
AB56-ASA1,464 7Section 464 . 46.2825 of the statutes is repealed.
AB56-ASA1,465 8Section 465 . 46.283 (3) (f) of the statutes is amended to read:
AB56-ASA1,300,149 46.283 (3) (f) Assistance to a person who is eligible for the family care benefit
10with respect to the person's choice of whether or not to enroll in the self-directed
11services option, as defined in s. 46.2899 (1),
a care management organization for the
12family care benefit or the Family Care Partnership program, or the program of
13all-inclusive care for the elderly
and, if so, which available long-term care program
14or
care management organization would best meet his or her needs.
AB56-ASA1,466 15Section 466 . 46.283 (4) (e) of the statutes is repealed.
AB56-ASA1,467 16Section 467 . 46.283 (4) (f) of the statutes is amended to read:
AB56-ASA1,300,2017 46.283 (4) (f) Perform a functional screening and a financial and cost-sharing
18screening for any resident, as specified in par. (e), who requests a screening and
19assist any resident who is eligible and chooses to enroll in a care management
20organization or the self-directed services option to do so.
AB56-ASA1,468 21Section 468 . 46.283 (6) (b) 7. of the statutes is repealed.
AB56-ASA1,469 22Section 469 . 46.283 (6) (b) 9. of the statutes is amended to read:
AB56-ASA1,301,223 46.283 (6) (b) 9. Review the number and types of grievances and appeals
24concerning the long-term care system in the area served by related to the resource

1center, to determine if a need exists for system changes, and recommend system or
2other changes if appropriate.
AB56-ASA1,470 3Section 470 . 46.283 (6) (b) 10. of the statutes is repealed.
AB56-ASA1,471 4Section 471 . 46.285 (intro.) of the statutes is renumbered 46.285 and amended
5to read:
AB56-ASA1,301,11 646.285 Operation of resource center and care management
7organization.
In order to meet federal requirements and assure federal financial
8participation in funding of the family care benefit, a county, a tribe or band, a
9long-term care district or an organization, including a private, nonprofit
10corporation, may not directly operate both a resource center and a care management
11organization, except as follows:.
AB56-ASA1,472 12Section 472 . 46.285 (1) of the statutes is repealed.
AB56-ASA1,473 13Section 473 . 46.285 (2) of the statutes is repealed.
AB56-ASA1,474 14Section 474 . 46.286 (3) (b) 2. a. of the statutes is repealed.
AB56-ASA1,475 15Section 475 . 46.287 (2) (a) 1. (intro.) of the statutes is amended to read:
AB56-ASA1,301,2116 46.287 (2) (a) 1. (intro.) Except as provided in subd. 2., a client may contest any
17of the following applicable matters by filing, within 45 days of the failure of a resource
18center or care management organization county to act on the contested matter
19within the time frames specified by rule by the department or within 45 days after
20receipt of notice of a decision in a contested matter, a written request for a hearing
21under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1):
AB56-ASA1,476 22Section 476 . 46.287 (2) (a) 1. d. of the statutes is renumbered 46.287 (2) (a) 1m.
23b.
AB56-ASA1,477 24Section 477 . 46.287 (2) (a) 1. e. of the statutes is repealed.
AB56-ASA1,478 25Section 478 . 46.287 (2) (a) 1. f. of the statutes is repealed.
AB56-ASA1,479
1Section 479. 46.287 (2) (a) 1m. of the statutes is created to read:
AB56-ASA1,302,82 46.287 (2) (a) 1m. Except as provided in subd. 2., a client may contest any of
3the following adverse benefit determinations by filing, within 90 days of the failure
4of a care management organization to act on a contested adverse benefit
5determination within the time frames specified by rule by the department or within
690 days after receipt of notice of a decision upholding the adverse benefit
7determination, a written request for a hearing under s. 227.44 to the division of
8hearings and appeals created under s. 15.103 (1):
AB56-ASA1,302,129 a. Denial of functional eligibility under s. 46.286 (1) as a result of the care
10management organization's administration of the long-term care functional screen,
11including a change from a nursing home level of care to a non-nursing home level
12of care.
AB56-ASA1,302,1513 c. Denial or limited authorization of a requested service, including
14determinations based on type or level of service, requirements or medical necessity,
15appropriateness, setting, or effectiveness of a covered benefit.
AB56-ASA1,302,1816 d. Reduction, suspension, or termination of a previously authorized service,
17unless the service was only authorized for a limited amount or duration and that
18amount or duration has been completed.
AB56-ASA1,302,1919 e. Denial, in whole or in part, of payment for a service.
AB56-ASA1,302,2220 f. The failure of a care management organization to act within the time frames
21provided in 42 CFR 438.408 (b) (1) and (2) regarding the standard resolution of
22grievances and appeals.
AB56-ASA1,302,2523 g. Denial of an enrollee's request to dispute financial liability, including
24copayments, premiums, deductibles, coinsurance, other cost sharing, and other
25member financial liabilities.
AB56-ASA1,303,3
1h. Denial of an enrollee, who is a resident of a rural area with only one care
2management organization, to obtain services outside the care management
3organization's network of contracted providers.
AB56-ASA1,303,94 i. Development of a plan of care that is unacceptable to the enrollee because the
5plan of care requires the enrollee to live in a place that is unacceptable to the enrollee;
6the plan of care does not provide sufficient care, treatment, or support to meet the
7enrollee's needs and support the enrollee's identified outcomes; or the plan of care
8requires the enrollee to accept care, treatment, or support that is unnecessarily
9restrictive or unwanted by the enrollee.
AB56-ASA1,303,1010 j. Involuntary disenrollment from the care management organization.
AB56-ASA1,480 11Section 480 . 46.287 (2) (b) of the statutes is amended to read:
AB56-ASA1,303,2012 46.287 (2) (b) An enrollee may contest a decision, omission or action of a care
13management organization other than those specified in par. (a), or may contest the
14choice of service provider. In these instances, the enrollee shall first send a written
15request for review by the unit of the department that monitors care management
16organization contracts. This unit shall review and attempt to resolve the dispute.
171m. by filing a grievance with the care management organization. If the dispute
18grievance is not resolved to the satisfaction of the enrollee, he or she may request
19a hearing under the procedures specified in par. (a) 1. (intro.) that the department
20review the decision of the care management organization
.
AB56-ASA1,481 21Section 481 . 46.288 (2) (intro.) of the statutes is renumbered 46.288 (2) and
22amended to read:
AB56-ASA1,304,323 46.288 (2) Criteria and procedures for determining functional eligibility under
24s. 46.286 (1) (a), financial eligibility under s. 46.286 (1) (b), and cost sharing under
25s. 46.286 (2) (a). The rules for determining functional eligibility under s. 46.286 (1)

1(a) 1m. shall be substantially similar to eligibility criteria for receipt of the long-term
2support community options program under s. 46.27. Rules under this subsection
3shall include definitions of the following terms applicable to s. 46.286:
AB56-ASA1,482 4Section 482 . 46.288 (2) (d) to (j) of the statutes are repealed.
AB56-ASA1,483 5Section 483 . 46.2896 (1) (a) of the statutes is amended to read:
AB56-ASA1,304,96 46.2896 (1) (a) “Long-term care program" means the long-term care program
7under s. 46.27, 46.275, 46.277, 46.278, or 46.2785; the family care program providing
8the benefit under s. 46.286; the Family Care Partnership program; or the long-term
9care program defined in s. 46.2899 (1).
AB56-ASA1,484 10Section 484 . 46.536 of the statutes is amended to read:
AB56-ASA1,304,18 1146.536 Mobile crisis team Crisis program enhancement grants. From
12the appropriation under s. 20.435 (5) (cf), the department shall award grants in the
13total amount of $250,000 in each fiscal biennium to counties or regions comprised of
14multiple counties to establish certified or enhance crisis programs that create mental
15health mobile crisis teams
to serve individuals having mental health crises in rural
16areas. The department shall award a grant under this section in an amount equal
17to one-half the amount of money the county or region provides to establish certified
18or enhance crisis programs that create mobile crisis teams.
AB56-ASA1,485 19Section 485 . 46.82 (3) (a) 13. of the statutes is repealed.
AB56-ASA1,488 20Section 488 . 47.07 of the statutes is created to read:
AB56-ASA1,304,23 2147.07 Project SEARCH. (1) The department shall allocate for each fiscal
22year at least $250,000 from the appropriation under s. 20.445 (1) (b) for contracts
23entered into under this section.
AB56-ASA1,305,3
1(2) The department may enter into contracts to provide services to persons with
2disabilities under the Project SEARCH program operated by the Cincinnati
3Children's Hospital or its successor organization.
AB56-ASA1,491 4Section 491 . 48.02 (14m) of the statutes is created to read:
AB56-ASA1,305,75 48.02 (14m) “Qualifying residential family-based treatment facility” means a
6certified residential family-based alcohol or drug abuse treatment facility that
7meets all of the following criteria:
AB56-ASA1,305,108 (a) The treatment facility provides, as part of the treatment for substance
9abuse, parenting skills training, parent education, and individual and family
10counseling.
AB56-ASA1,305,1611 (b) The substance abuse treatment, parenting skills training, parent
12education, and individual and family counseling is provided under an organizational
13structure and treatment framework that involves understanding, recognizing, and
14responding to the effects of all types of trauma and in accordance with recognized
15principles of a trauma-informed approach and trauma-specific interventions to
16address the consequences of trauma and facilitate healing.
AB56-ASA1,492 17Section 492 . 48.13 of the statutes is amended to read:
AB56-ASA1,305,21 1848.13 Jurisdiction over children alleged to be in need of protection or
19services.
Except as provided in s. 48.028 (3), the court has exclusive original
20jurisdiction over a child alleged to be in need of protection or services which can be
21ordered by the court, and if one of the following applies:
AB56-ASA1,305,22 22(1) Who The child is without a parent or guardian;.
AB56-ASA1,305,23 23(2) Who The child has been abandoned;.
AB56-ASA1,305,25 24(2m) Whose The child's parent has relinquished custody of the child under s.
2548.195 (1);.
AB56-ASA1,306,2
1(3) Who The child has been the victim of abuse, as defined in s. 48.02 (1) (a) or
2(b) to (g), including injury that is self-inflicted or inflicted by another;.
AB56-ASA1,306,6 3(3m) Who The child is at substantial risk of becoming the victim of abuse, as
4defined in s. 48.02 (1) (a) or (b) to (g), including injury that is self-inflicted or inflicted
5by another, based on reliable and credible information that another child in the home
6has been the victim of such abuse;.
AB56-ASA1,306,9 7(4) Whose The child's parent or guardian signs the petition requesting
8jurisdiction under this subsection and is unable or needs assistance to care for or
9provide necessary special treatment or care for the child;.
AB56-ASA1,306,12 10(4m) Whose The child's guardian is unable or needs assistance to care for or
11provide necessary special treatment or care for the child, but is unwilling or unable
12to sign the petition requesting jurisdiction under this subsection ;.
AB56-ASA1,306,13 13(5) Who The child has been placed for care or adoption in violation of law; .
AB56-ASA1,306,15 14(8) Who The child is receiving inadequate care during the period of time a
15parent is missing, incarcerated, hospitalized or institutionalized ;.
AB56-ASA1,306,19 16(9) Who The child is at least age 12, signs the petition requesting jurisdiction
17under this subsection and is in need of special treatment or care which the parent,
18guardian or legal custodian is unwilling, neglecting, unable or needs assistance to
19provide;.
AB56-ASA1,306,23 20(10) Whose The child's parent, guardian or legal custodian neglects, refuses or
21is unable for reasons other than poverty to provide necessary care, food, clothing,
22medical or dental care or shelter so as to seriously endanger the physical health of
23the child;.
AB56-ASA1,307,6 24(10m) Whose The child's parent, guardian or legal custodian is at substantial
25risk of neglecting, refusing or being unable for reasons other than poverty to provide

1necessary care, food, clothing, medical or dental care or shelter so as to endanger
2seriously the physical health of the child, based on reliable and credible information
3that the child's parent, guardian or legal custodian has neglected, refused or been
4unable for reasons other than poverty to provide necessary care, food, clothing,
5medical or dental care or shelter so as to endanger seriously the physical health of
6another child in the home;.
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