Amendment ASA1-AB56

AB56-ASA1,686 Section 686 . 49.46 (1) (a) 14. of the statutes is amended to read:

AB56-ASA1,355,13 49.46 (1) (a) 14. Any person who would meet the financial and other eligibility requirements for home or community-based services under s. 46.27 (11), 46.277, or 46.2785 but for the fact that the person engages in substantial gainful activity under 42 USC 1382c (a) (3), if a waiver under s. 49.45 (38) is in effect or federal law permits federal financial participation for medical assistance coverage of the person and if funding is available for the person under s. 46.27 (11), 46.277, or 46.2785.

AB56-ASA1,687 Section 687 . 49.46 (1) (em) of the statutes is amended to read:

AB56-ASA1,355,21 49.46 (1) (em) To the extent approved by the federal government, for the purposes of determining financial eligibility and any cost-sharing requirements of an individual under par. (a) 6m., 14., or 14m., (d) 2., or (e), the department or its designee shall exclude any assets accumulated in a person's independence account, as defined in s. 49.472 (1) (c), and any income or assets from retirement benefits earned or accumulated from income or employer contributions while employed and receiving state-funded benefits under s. 46.27 or medical assistance under s. 49.472.

AB56-ASA1,689 Section 689 . 49.46 (2) (b) 8. of the statutes is amended to read:

AB56-ASA1,356,2 49.46 (2) (b) 8. Home or community-based services, if provided under s. 46.27 (11), 46.275, 46.277, 46.278, 46.2785, 46.99, or under the family care benefit if a waiver is in effect under s. 46.281 (1d), or under the disabled children's long-term support program, as defined in s. 46.011 (1g).

AB56-ASA1,691 Section 691 . 49.46 (2) (b) 15. of the statutes is amended to read:

AB56-ASA1,356,5 49.46 (2) (b) 15. Mental health crisis Crisis intervention services under s. 49.45 (41).

AB56-ASA1,696 Section 696 . 49.47 (4) (as) 1. of the statutes is amended to read:

AB56-ASA1,356,11 49.47 (4) (as) 1. The person would meet the financial and other eligibility requirements for home or community-based services under s. 46.27 (11), 46.277, or 46.2785 or under the family care benefit if a waiver is in effect under s. 46.281 (1d) but for the fact that the person engages in substantial gainful activity under 42 USC 1382c (a) (3).

AB56-ASA1,697 Section 697 . 49.47 (4) (as) 3. of the statutes is amended to read:

AB56-ASA1,356,14 49.47 (4) (as) 3. Funding is available for the person under s. 46.27 (11), 46.277, or 46.2785 or under the family care benefit if a waiver is in effect under s. 46.281 (1d).

AB56-ASA1,698 Section 698 . 49.47 (4) (b) (intro.) of the statutes is amended to read:

AB56-ASA1,356,23 49.47 (4) (b) (intro.) Eligibility exists if the applicant's property, subject to the exclusion of any amounts under the Long-Term Care Partnership Program established under s. 49.45 (31), any amounts in an independence account, as defined in s. 49.472 (1) (c), or any retirement assets that accrued from employment while the applicant was eligible for the community options program under s. 46.27 (11), 2017 stats., or any other Medical Assistance program, including deferred compensation or the value of retirement accounts in the Wisconsin Retirement System or under the federal Social Security Act, does not exceed the following:

AB56-ASA1,706 Section 706 . 49.472 (3) (b) of the statutes is amended to read:

AB56-ASA1,357,8 49.472 (3) (b) The individual's assets do not exceed $15,000. In determining assets, the department may not include assets that are excluded from the resource calculation under 42 USC 1382b (a), assets accumulated in an independence account, and, to the extent approved by the federal government, assets from retirement benefits accumulated from income or employer contributions while employed and receiving medical assistance under this section or state-funded benefits under s. 46.27, 2017 stats. The department may exclude, in whole or in part, the value of a vehicle used by the individual for transportation to paid employment.

AB56-ASA1,707 Section 707 . 49.472 (3) (f) of the statutes is amended to read:

AB56-ASA1,357,13 49.472 (3) (f) The individual maintains premium payments under sub. (4) (am) and, if applicable and to the extent approved by the federal government, premium payments calculated by the department in accordance with sub. (4) (bm), unless the individual is exempted from premium payments under sub. (4) (dm) or (5).

AB56-ASA1,708 Section 708 . 49.472 (4) (am) of the statutes is amended to read:

AB56-ASA1,357,17 49.472 (4) (am) To the extent approved by the federal government and except as provided in pars. (dm) and (em) and sub. (5), an individual who receives medical assistance under this section shall pay a monthly premium of $25 to the department.

AB56-ASA1,709 Section 709 . 49.472 (5) of the statutes is repealed.

AB56-ASA1,722 Section 722 . 49.849 (1) (e) of the statutes is amended to read:

AB56-ASA1,357,23 49.849 (1) (e) “Public assistance" means any services provided as a benefit under a long-term care program, as defined in s. 49.496 (1) (bk), medical assistance under subch. IV, long-term community support services funded under s. 46.27 (7), or aid under s. 49.68, 49.683, 49.685, or 49.785.

AB56-ASA1,723 Section 723 . 49.849 (2) (a) (intro.) of the statutes is amended to read:

AB56-ASA1,358,8 49.849 (2) (a) (intro.) Subject to par. (b), the department may collect from the property of a decedent by affidavit under sub. (3) (b) or by lien under sub. (4) (a) an amount equal to the medical assistance that is recoverable under s. 49.496 (3) (a), the long-term community support services under s. 46.27, 2017 stats., that is recoverable under s. 46.27 (7g) (c) 1., 2017 stats., or the aid under s. 49.68, 49.683, 49.685, or 49.785 that is recoverable under s. 49.682 (2) (a) or (am), and that was paid on behalf of the decedent or the decedent's spouse, if all of the following conditions are satisfied:

AB56-ASA1,724 Section 724 . 49.849 (6) (a) of the statutes is renumbered 49.849 (6).

AB56-ASA1,725 Section 725 . 49.849 (6) (b) of the statutes is repealed.

AB56-ASA1,728 Section 728 . 50.03 (3) (b) (intro.) of the statutes is amended to read:

AB56-ASA1,358,16 50.03 (3) (b) (intro.) The application for a license and, except as otherwise provided in this subchapter, the report of a licensee shall be in writing upon forms provided by the department and shall contain such information as the department requires, including the name, address and type and extent of interest of each of the following persons:

AB56-ASA1,729 Section 729 . 50.03 (4) (c) 1. of the statutes is amended to read:

AB56-ASA1,359,2 50.03 (4) (c) 1. A community-based residential facility license is valid until it is revoked or suspended under this section. Every 24 months, on a schedule determined by the department, a community-based residential facility licensee shall submit through an online system prescribed by the department a biennial report in the form and containing the information that the department requires, including payment of the fees required any fee due under s. 50.037 (2) (a). If a complete biennial report is not timely filed, the department shall issue a warning to the licensee. The department may revoke a community-based residential facility license for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.

AB56-ASA1,730 Section 730 . 50.033 (2m) of the statutes is amended to read:

AB56-ASA1,359,11 50.033 (2m) Reporting. Every 24 months, on a schedule determined by the department, a licensed adult family home shall submit through an online system prescribed by the department a biennial report in the form and containing the information that the department requires, including payment of the any fee required due under sub. (2). If a complete biennial report is not timely filed, the department shall issue a warning to the licensee. The department may revoke the license for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.

AB56-ASA1,731 Section 731 . 50.034 (1) (a) of the statutes is amended to read:

AB56-ASA1,359,21 50.034 (1) (a) No person may operate a residential care apartment complex that provides living space for residents who are clients under s. 46.27 (11) or 46.277 and publicly funded services as a home health agency or under contract with a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 that is a home health agency unless the residential care apartment complex is certified by the department under this section. The department may charge a fee, in an amount determined by the department, for certification under this paragraph. The amount of any fee charged by the department for certification of a residential care apartment complex need not be promulgated as a rule under ch. 227.

AB56-ASA1,732 Section 732 . 50.034 (2m) of the statutes is created to read:

AB56-ASA1,360,9 50.034 (2m) Reporting. Every 24 months, on a schedule determined by the department, a residential care apartment complex shall submit through an online system prescribed by the department a report in the form and containing the information that the department requires, including payment of any fee required under sub. (1). If a complete report is not timely filed, the department shall issue a warning to the operator of the residential care apartment complex. The department may revoke a residential care apartment complex's certification or registration for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department. Notwithstanding the reporting schedule under this subsection, a certified residential care apartment complex shall continue to pay required fees on the schedule established in rules promulgated by the department.

AB56-ASA1,733 Section 733 . 50.034 (3) (a) 1. of the statutes is repealed.

AB56-ASA1,734 Section 734 . 50.034 (5m) of the statutes is amended to read:

AB56-ASA1,360,19 50.034 (5m) Provision of information required. Subject to sub. (5p), when When a residential care apartment complex first provides written material regarding the residential care apartment complex to a prospective resident, the residential care apartment complex shall also provide the prospective resident information specified by the department concerning the services of a resource center under s. 46.283, the family care benefit under s. 46.286, and the availability of a functional screening and a financial and cost-sharing screening to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

AB56-ASA1,735 Section 735 . 50.034 (5n) (intro.) of the statutes is amended to read:

AB56-ASA1,361,2 50.034 (5n) Required referral. (intro.) Subject to sub. (5p), when When a residential care apartment complex first provides written material regarding the residential care apartment complex to a prospective resident who is at least 65 years of age or has developmental disability or a physical disability and whose disability or condition is expected to last at least 90 days, the residential care apartment complex shall refer the prospective resident to a resource center under s. 46.283, unless any of the following applies:

AB56-ASA1,736 Section 736 . 50.034 (5p) of the statutes is repealed.

AB56-ASA1,737 Section 737 . 50.034 (6) of the statutes is amended to read:

AB56-ASA1,361,10 50.034 (6) Funding. Funding for supportive, personal or nursing services that a person who resides in a residential care apartment complex receives, other than private or 3rd-party funding, may be provided only under s. 46.27 (11) (c) 7. or 46.277 (5) (e), except if the provider of the services is a certified medical assistance provider under s. 49.45 or if the funding is provided as a family care benefit under ss. 46.2805 to 46.2895.

AB56-ASA1,738 Section 738 . 50.035 (4m) of the statutes is amended to read:

AB56-ASA1,361,19 50.035 (4m) Provision of information required. Subject to sub. (4p), when When a community-based residential facility first provides written material regarding the community-based residential facility to a prospective resident, the community-based residential facility shall also provide the prospective resident information specified by the department concerning the services of a resource center under s. 46.283, the family care benefit under s. 46.286, and the availability of a functional screening and a financial and cost-sharing screening to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

AB56-ASA1,739 Section 739 . 50.035 (4n) (intro.) of the statutes is amended to read:

AB56-ASA1,362,5 50.035 (4n) Required referral. (intro.) When a community-based residential facility first provides written information regarding the community-based residential facility to a prospective resident who is at least 65 years of age or has developmental disability or a physical disability and whose disability or condition is expected to last at least 90 days, the community-based residential facility shall refer the individual to a resource center under s. 46.283 or, if the secretary has not certified under s. 46.281 (3) that a resource center is available in the area of the community-based residential facility to serve individuals in an eligibility group to which the prospective resident belongs, to the county department that administers a program under ss. 46.27 or 46.277, unless any of the following applies:

AB56-ASA1,740 Section 740 . 50.035 (4p) of the statutes is repealed.

AB56-ASA1,741 Section 741 . 50.04 (2g) (a) of the statutes is amended to read:

AB56-ASA1,362,13 50.04 (2g) (a) Subject to sub. (2i), a A nursing home shall, within the time period after inquiry by a prospective resident that is prescribed by the department by rule, inform the prospective resident of the services of a resource center under s. 46.283, the family care benefit under s. 46.286, and the availability of a functional screening and a financial and cost-sharing screening to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

AB56-ASA1,742 Section 742 . 50.04 (2h) (a) (intro.) of the statutes is amended to read:

AB56-ASA1,362,19 50.04 (2h) (a) (intro.) Subject to sub. (2i), a A nursing home shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, who is at least 65 years of age or has developmental disability or physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:

AB56-ASA1,743 Section 743 . 50.04 (2i) of the statutes is repealed.

AB56-ASA1,744 Section 744 . 50.04 (2m) of the statutes is repealed.

AB56-ASA1,745 Section 745 . 50.06 (7) of the statutes is amended to read:

AB56-ASA1,363,8 50.06 (7) An individual who consents to an admission under this section may request that an assessment be conducted for the incapacitated individual under the long-term support community options program under s. 46.27 (6) or, if the secretary has certified under s. 46.281 (3) that a resource center is available for the individual, a functional screening and a financial and cost-sharing screening to determine eligibility for the family care benefit under s. 46.286 (1). If admission is sought on behalf of the incapacitated individual or if the incapacitated individual is about to be admitted on a private pay basis, the individual who consents to the admission may waive the requirement for a financial and cost-sharing screening under s. 46.283 (4) (g), unless the incapacitated individual is expected to become eligible for medical assistance within 6 months.

AB56-ASA1,747 Section 747 . 51.06 (8) (b) 6. of the statutes is amended to read:

AB56-ASA1,363,14 51.06 (8) (b) 6. The extent of Medical Assistance provided to relocated or diverted individuals that is in addition to Medical Assistance provided to the individuals under s. 46.27 (11), 46.275, 46.277, or 46.278, as a family care benefit under ss. 46.2805 to 46.2895, or under any other home-based or community-based program for which the department has received a waiver under 42 USC 1396n (c).

AB56-ASA1,748 Section 748 . 51.42 (3) (ar) 3. of the statutes is amended to read:

AB56-ASA1,364,3 51.42 (3) (ar) 3. Plan for and establish a community developmental disabilities program to deliver the services required under s. 51.437 if, under s. 51.437 (4g) (b), the county board of supervisors in a county with a single-county department of community programs or the county boards of supervisors in counties with a multicounty department of community programs transfer the powers and duties of the county department under s. 51.437 to the county department of community programs. The county board of supervisors in a county with a single-county department of community programs and the county boards of supervisors in counties with a multicounty department of community programs may designate the county department of community programs to which these powers and duties have been transferred as the administrative agency of the long-term support community options program under s. 46.27 (3) (b) 1. and 5. and the community integration programs under ss. 46.275, 46.277 and 46.278.

AB56-ASA1,749 Section 749 . 51.421 (1) of the statutes is amended to read:

AB56-ASA1,364,13 51.421 (1) Purpose. In order to provide the least restrictive and most appropriate care and treatment for persons with serious and persistent mental illness, community support programs should be available in all parts of the state. In order to integrate community support programs with other long-term care programs, community support programs shall be coordinated, to the greatest extent possible, with the community options program under s. 46.27, with the protective services system in a county, with the medical assistance program under subch. IV of ch. 49 and with other care and treatment programs for persons with serious and persistent mental illness.

AB56-ASA1,750 Section 750 . 51.422 (1) of the statutes is amended to read:

AB56-ASA1,364,22 51.422 (1) Program creation. The department shall create 2 or 3 new, regional comprehensive opioid treatment programs, and in the 2017-19 fiscal biennium, shall create 2 or 3 additional regional comprehensive opioid and methamphetamine treatment programs, to provide treatment for opioid and opiate addiction and methamphetamine addiction in underserved, high-need areas. The department shall obtain and review proposals for opioid and methamphetamine treatment programs in accordance with its request-for-proposal procedures. A program under this section may not offer methadone treatment.

AB56-ASA1,751 Section 751 . 51.422 (2) of the statutes is amended to read:

AB56-ASA1,365,8 51.422 (2) Program components. An opioid or methamphetamine treatment program created under this section shall offer an assessment to individuals in need of service to determine what type of treatment is needed. The program shall transition individuals to a certified residential program, if that level of treatment is necessary. The program shall provide counseling, medication-assisted treatment, including both long-acting opioid antagonist and partial agonist medications that have been approved by the federal food and drug administration if for treating opioid addiction, and abstinence-based treatment. The program shall transition individuals who have completed treatment to county-based or private post-treatment care.

AB56-ASA1,752 Section 752 . 51.441 of the statutes is created to read:

AB56-ASA1,365,16 51.441 Comprehensive mental health consultation program. The department shall convene a statewide group of interested persons, including at least one representative of the Medical College of Wisconsin, to develop a concept paper, business plan, and standards for a comprehensive mental health consultation program that incorporates general psychiatry, geriatric psychiatry, addiction medicine and psychiatry, a perinatal psychiatry consultation program, and the child psychiatry consultation program under s. 51.442.

AB56-ASA1,753 Section 753 . 54.21 (2) (g) of the statutes is amended to read:

AB56-ASA1,365,20 54.21 (2) (g) The current and likely future effect of the proposed transfer of assets on the ward's eligibility for public benefits, including medical assistance or a benefit under s. 46.27.

AB56-ASA1,754 Section 754 . 54.34 (1) (k) of the statutes is amended to read:

AB56-ASA1,365,23 54.34 (1) (k) Whether the proposed ward is a recipient of a public benefit, including medical assistance or a benefit under s. 46.27.

AB56-ASA1,760c Section 760c. 59.69 (10) (ab) of the statutes is renumbered 59.69 (10) (ab) (intro.) and amended to read:

AB56-ASA1,366,1 59.69 (10) (ab) (intro.) In this subsection “ nonconforming use":

AB56-ASA1,366,4 3. “Nonconforming use” means a use of land, a dwelling, or a building that existed lawfully before the current zoning ordinance was enacted or amended, but that does not conform with the use restrictions in the current ordinance.

AB56-ASA1,760g Section 760g. 59.69 (10) (ab) 1. of the statutes is created to read:

AB56-ASA1,366,8 59.69 (10) (ab) 1. “Contiguous” means sharing a common boundary or being separated only by a waterway, section line, public road, private road, transportation right-of-way, or utility right-of-way.

AB56-ASA1,760k Section 760k. 59.69 (10) (ab) 1m. of the statutes is created to read:

AB56-ASA1,366,20 59.69 (10) (ab) 1m. “Contiguous parcel” means any parcel of land, up to a cumulative limit of 80 acres, that, as of January 1, 2001, is contiguous to and is located in the same political subdivision as land on which a quarry existed lawfully before the quarry became a nonconforming use, is under the common ownership, leasehold, or control of the person who owns, leases, or controls the land on which the quarry is located, and is shown to have been intended for quarry operations prior to the effective date of the ordinance that rendered the use nonconforming. For purposes of this subdivision, if the contiguous parcel of land was commonly owned, leased, or controlled on January 1, 2001, there is a presumption that the contiguous parcel of land was intended for quarry operations prior to the effective date of the ordinance that rendered the use nonconforming.

AB56-ASA1,760p Section 760p. 59.69 (10) (ab) 2. of the statutes is created to read:

AB56-ASA1,367,6 59.69 (10) (ab) 2. “Nonconforming quarry site” means land on which a quarry existed lawfully before the quarry became a nonconforming use, including any contiguous parcel. The nonconforming status of any contiguous parcel shall be subject to the requirement that, on a 5 year rolling average, 75 percent of the quarry materials extracted from the contiguous parcel shall be used for infrastructure-related projects, as determined by the quarry operator. If this 75 percent requirement is not met as to any contiguous parcel, the nonconforming status of the contiguous parcel may be suspended. This definition does not preclude a determination that a particular parcel of land is nonconforming under subd. 3. or common law.

AB56-ASA1,760t Section 760t. 59.69 (10) (ab) 4. of the statutes is created to read:

AB56-ASA1,367,8 59.69 (10) (ab) 4. “Quarry” has the meaning given in s. 66.04135 (2) (c).

AB56-ASA1,760w Section 760w. 59.69 (10) (ab) 5. of the statutes is created to read:

AB56-ASA1,367,11 59.69 (10) (ab) 5. “Quarry operations” has the meaning given in s. 66.04135 (2) (d).

AB56-ASA1,760y Section 760y. 59.69 (10) (ap) of the statutes is created to read:

AB56-ASA1,367,19 59.69 (10) (ap) Notwithstanding par. (am), an ordinance enacted under this section may not prohibit the continued operation of a quarry at a nonconforming quarry site. For purposes of this paragraph, the continued operation of a quarry includes conducting quarry operations in an area of a nonconforming quarry site in which quarry operations have not previously been conducted. Nothing in this section shall be construed as modifying or limiting an operator's reclamation obligations under a reclamation permit.