From the appropriation account under s. 20.410 (3) (ba), the 10
department of corrections shall transfer to the appropriation account under s. 20.435 11
(2) (kx) $1,365,500 in each fiscal year and, from the appropriation account under s. 12
20.410 (3) (hm), the department of corrections shall transfer to the appropriation 13
account under s. 20.435 (2) (kx) $2,869,200
in fiscal year 2017-18 142019-20
in fiscal year 2018-19 2020-21
, for services for 15
juveniles placed at the Mendota juvenile treatment center. The department of health 16
services may charge the department of corrections not more than the actual cost of 17
providing those services.
46.10 (16) of the statutes is amended to read:
The department shall delegate to county departments under ss. 20
51.42 and 51.437 or the local providers of care and services meeting the standards 21
established by the department under s. 46.036, the responsibilities vested in the 22
department under this section for collection of patient fees for services other than 23
those provided at state facilities, those provided to children that are reimbursed 24
under a waiver under s. 46.27 (11),
46.275, 46.278, or 46.2785, or those provided 25
under the disabled children's long-term support program if the county departments
or providers meet the conditions that the department determines are appropriate. 2
The department may delegate to county departments under ss. 51.42 and 51.437 the 3
responsibilities vested in the department under this section for collection of patient 4
fees for services provided at the state facilities if the necessary conditions are met.
46.21 (2m) (b) 1. a. of the statutes is amended to read:
(b) 1. a. The powers and duties of the county departments under ss. 7
46.215, 51.42 and 51.437, including the administration of the long-term support
8community options program under s. 46.27, if the county department under s. 46.215
9is designated as the administering agency under s. 46.27 (3) (b) 1
46.21 (2m) (b) 1. b. of the statutes is repealed.
46.215 (1) (m) of the statutes is repealed.
46.22 (1) (b) 1. e. of the statutes is repealed.
46.23 (3) (bm) of the statutes is repealed.
46.269 of the statutes is amended to read:
1546.269 Determining financial eligibility for long-term care programs. 16
To the extent approved by the federal government, the department or its designee 17
shall exclude any assets accumulated in a person's independence account, as defined 18
in s. 49.472 (1) (c), and any income or assets from retirement benefits earned or 19
accumulated from income or employer contributions while employed and receiving 20state-funded benefits under s. 46.27 or
medical assistance under s. 49.472 in 21
determining financial eligibility and cost-sharing requirements, if any, for a 22
long-term care program under s. 46.27,
or 46.277, for the family care 23
program that provides the benefit defined in s. 46.2805 (4), for the Family Care 24
Partnership program, or for the self-directed services option, as defined in s. 46.2897 25
46.27 of the statutes is repealed.
46.271 (1) (c) of the statutes is amended to read:
(c) The department may contract with an aging unit, as defined in 4
s. 46.27 46.82
(1) (a), for administration of services under par. (a) if, by resolution, 5
the county board of supervisors of that county so requests the department.
46.275 (3) (e) of the statutes is repealed.
46.275 (5) (b) 7. of the statutes is amended to read:
(b) 7. Provide services in any community-based residential facility 9
unless the county or department uses as a service contract the approved model 10
contract developed under s. 46.27 (2) (j), 2017 stats.,
or a contract that includes all 11
of the provisions of the approved model contract.
46.277 (1m) (at) of the statutes is amended to read:
(at) “Private nonprofit agency"
has the meaning specified in s.
1446.27 (1) (bm) means a nonprofit corporation, as defined in s. 181.0103 (17), that
15provides a program of all-inclusive care for the elderly under 42 USC 1395eee or
46.277 (3) (a) of the statutes is amended to read:
(a) Sections 46.27 (3) (b) and Section
46.275 (3) (a) and (c) to (e) apply 19applies
to county participation in this program, except that services provided in the 20
program shall substitute for care provided a person in a skilled nursing facility or 21
intermediate care facility who meets the level of care requirements for medical 22
assistance reimbursement to that facility rather than for care provided at a state 23
center for the developmentally disabled. The number of persons who receive services 24
provided by the program under this paragraph may not exceed the number of
nursing home beds, other than beds specified in sub. (5g) (b), that are delicensed as 2
part of a plan submitted by the facility and approved by the department.
46.277 (5) (d) 2. (intro.) and b. of the statutes are consolidated, 4
renumbered 46.277 (5) (d) 2. and amended to read:
(d) 2. No county may use funds received under this section to provide 6
residential services in any community-based residential facility, as defined in s. 7
50.01 (1g), unless one of the following applies: b. The the
department approves the 8
provision of services in a community-based residential facility that entirely consists 9
of independent apartments, each of which has an individual lockable entrance and 10
exit and individual separate kitchen, bathroom, sleeping and living areas, to 11
individuals who are eligible under this section and are physically disabled or are at 12
least 65 years of age.
46.277 (5) (d) 2. a. of the statutes is repealed.
46.277 (5) (d) 3. of the statutes is amended to read:
(d) 3. If subd. 2. a. or b.
applies, no county may use funds received 16
under this section to pay for services provided to a person who resides or intends to 17
reside in a community-based residential facility and who is initially applying for the 18
services, if the projected cost of services for the person, plus the cost of services for 19
existing participants, would cause the county to exceed the limitation under sub. (3) 20
(c). The department may grant an exception to the requirement under this 21
subdivision, under the conditions specified by rule, to avoid hardship to the person.
46.277 (5) (f) of the statutes is amended to read:
(f) No county or private nonprofit agency may use funds received 24
under this subsection to provide services in any community-based residential 25
facility unless the county or agency uses as a service contract the approved model
contract developed under s. 46.27 (2) (j), 2017 stats.,
or a contract that includes all 2
of the provisions of the approved model contract.
46.278 (4) (a) of the statutes is amended to read:
(a) Sections 46.27 (3) (b) and Section
46.275 (3) (a) and (c) to (e) apply 5applies
to county participation in a program, except that services provided in the 6
program shall substitute for care provided a person in an intermediate care facility 7
for persons with an intellectual disability or in a brain injury rehabilitation facility 8
who meets the intermediate care facility for persons with an intellectual disability 9
or brain injury rehabilitation facility level of care requirements for medical 10
assistance reimbursement to that facility rather than for care provided at a state 11
center for the developmentally disabled.
46.2803 of the statutes is repealed.
46.2805 (1) (b) of the statutes is amended to read:
(b) A demonstration program known as the Wisconsin partnership 15Family Care Partnership
program under a federal waiver authorized under 42 USC 161315 1396n
46.281 (1d) of the statutes is amended to read:
46.281 (1d) Waiver request.
The department shall request from the secretary 19
of the federal department of health and human services any waivers of federal 20
medicaid laws necessary to permit the use of federal moneys to provide the family 21
care benefit and the self-directed services option
to recipients of medical assistance. 22
The department shall implement any waiver that is approved and that is consistent 23
with ss. 46.2805 to 46.2895. Regardless of whether a waiver is approved, the 24
department may implement operation of resource centers, care management 25
organizations, and the family care benefit.
46.281 (1n) (d) of the statutes is repealed.
46.281 (3) of the statutes is repealed.
46.2825 of the statutes is repealed.
46.283 (3) (f) of the statutes is amended to read:
(f) Assistance to a person who is eligible for the family care benefit 6
with respect to the person's choice of whether or not to enroll in
7services option, as defined in s. 46.2899 (1),
a care management organization for the
8family care benefit or the Family Care Partnership program, or the program of
9all-inclusive care for the elderly
and, if so, which available
long-term care program
care management organization would best meet his or her needs.
46.283 (4) (e) of the statutes is repealed.
46.283 (4) (f) of the statutes is amended to read:
(f) Perform a functional screening and a financial and cost-sharing 14
screening for any resident, as specified in par. (e),
who requests a screening and 15
assist any resident who is eligible and chooses to enroll in a care management 16
organization or the self-directed services option to do so.
46.283 (6) (b) 7. of the statutes is repealed.
46.283 (6) (b) 9. of the statutes is amended to read:
(b) 9. Review the number and types of grievances and appeals 20concerning the long-term care system in the area served by related to
the resource 21
to determine if a need exists for system changes,
and recommend system or 22
other changes if appropriate.
46.283 (6) (b) 10. of the statutes is repealed.
46.285 (intro.) of the statutes is renumbered 46.285 and amended 25
146.285 Operation of resource center and care management
In order to meet federal requirements and assure federal financial 3
participation in funding of the family care benefit, a county, a tribe or band, a 4
long-term care district or an organization, including a private, nonprofit 5
corporation, may not directly operate both a resource center and a care management 6
organization, except as follows:.
46.285 (1) of the statutes is repealed.
46.285 (2) of the statutes is repealed.
46.286 (3) (b) 2. a. of the statutes is repealed.
46.287 (2) (a) 1. (intro.) of the statutes is amended to read:
(a) 1. (intro.) Except as provided in subd. 2., a client may contest any 12
of the following applicable matters by filing, within 45 days of the failure of a resource 13
center or care management organization county
to act on the contested matter 14
within the time frames specified by rule by the department or within 45 days after 15
receipt of notice of a decision in a contested matter, a written request for a hearing 16
under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1):
46.287 (2) (a) 1. d. of the statutes is renumbered 46.287 (2) (a) 1m. 18
46.287 (2) (a) 1. e. of the statutes is repealed.
46.287 (2) (a) 1. f. of the statutes is repealed.
46.287 (2) (a) 1m. of the statutes is created to read:
(a) 1m. Except as provided in subd. 2., a client may contest any of 23
the following adverse benefit determinations by filing, within 90 days of the failure 24
of a care management organization to act on a contested adverse benefit 25
determination within the time frames specified by rule by the department or within
90 days after receipt of notice of a decision upholding the adverse benefit 2
determination, a written request for a hearing under s. 227.44 to the division of 3
hearings and appeals created under s. 15.103 (1):
a. Denial of functional eligibility under s. 46.286 (1) as a result of the care 5
management organization's administration of the long-term care functional screen, 6
including a change from a nursing home level of care to a non-nursing home level 7
c. Denial or limited authorization of a requested service, including 9
determinations based on type or level of service, requirements or medical necessity, 10
appropriateness, setting, or effectiveness of a covered benefit.
d. Reduction, suspension, or termination of a previously authorized service, 12
unless the service was only authorized for a limited amount or duration and that 13
amount or duration has been completed.
e. Denial, in whole or in part, of payment for a service.
f. The failure of a care management organization to act within the time frames 16
provided in 42 CFR 438.408
(b) (1) and (2) regarding the standard resolution of 17
grievances and appeals.
g. Denial of an enrollee's request to dispute financial liability, including 19
copayments, premiums, deductibles, coinsurance, other cost sharing, and other 20
member financial liabilities.
h. Denial of an enrollee, who is a resident of a rural area with only one care 22
management organization, to obtain services outside the care management 23
organization's network of contracted providers.
i. Development of a plan of care that is unacceptable to the enrollee because the 25
plan of care requires the enrollee to live in a place that is unacceptable to the enrollee;
the plan of care does not provide sufficient care, treatment, or support to meet the 2
enrollee's needs and support the enrollee's identified outcomes; or the plan of care 3
requires the enrollee to accept care, treatment, or support that is unnecessarily 4
restrictive or unwanted by the enrollee.
j. Involuntary disenrollment from the care management organization.
46.287 (2) (b) of the statutes is amended to read:
(b) An enrollee may contest a decision, omission or action of a care 8
management organization other than those specified in par. (a), or may contest the
9choice of service provider. In these instances, the enrollee shall first send a written
10request for review by the unit of the department that monitors care management
11organization contracts. This unit shall review and attempt to resolve the dispute.
121m. by filing a grievance with the care management organization.
If the dispute 13grievance
is not resolved to the satisfaction of the enrollee, he or she may request
14a hearing under the procedures specified in par. (a) 1. (intro.) that the department
15review the decision of the care management organization
46.288 (2) (intro.) of the statutes is renumbered 46.288 (2) and 17
amended to read:
Criteria and procedures for determining functional eligibility under 19
s. 46.286 (1) (a), financial eligibility under s. 46.286 (1) (b), and cost sharing under 20
s. 46.286 (2) (a). The rules for determining functional eligibility under s. 46.286 (1)
21(a) 1m. shall be substantially similar to eligibility criteria for receipt of the long-term
22support community options program under s. 46.27. Rules under this subsection
23shall include definitions of the following terms applicable to s. 46.286:
46.288 (2) (d) to (j) of the statutes are repealed.
46.2896 (1) (a) of the statutes is amended to read:
(a) “Long-term care program" means the long-term care program 2
under s. 46.27,
46.275, 46.277, 46.278, or 46.2785; the family care program providing 3
the benefit under s. 46.286; the Family Care Partnership program; or the long-term 4
care program defined in s. 46.2899 (1).
46.536 of the statutes is amended to read:
646.536 Mobile crisis team Crisis program enhancement grants.
the appropriation under s. 20.435 (5) (cf), the department shall award grants in the 8
total amount of $250,000 in each fiscal biennium to counties or regions comprised of 9
multiple counties to establish certified or enhance
crisis programs that create mental
10health mobile crisis teams
to serve individuals having mental health
crises in rural 11
areas. The department shall award a grant under this section in an amount equal 12
to one-half the amount of money the county or region provides to establish certified 13or enhance
crisis programs that create mobile crisis teams
46.82 (3) (a) 13. of the statutes is repealed.
46.854 of the statutes is created to read:
1646.854 Healthy aging grant program.
From the appropriation under s. 17
20.435 (1) (bk), the department shall award in each fiscal year a grant of $250,000 18
to an entity that conducts programs in healthy aging.
46.995 (4) of the statutes is created to read:
The department shall ensure that any child who is eligible and who 21
applies for the disabled children's long-term support program that is operating 22
under a waiver of federal law receives services under the disabled children's 23
long-term support program that is operating under a waiver of federal law.
47.07 of the statutes is created to read:
147.07 Project SEARCH.
The department shall allocate for each fiscal 2
year at least $250,000 from the appropriation under s. 20.445 (1) (b) for contracts 3
entered into under this section.
The department may enter into contracts to provide services to persons with 5
disabilities under the Project SEARCH program operated by the Cincinnati 6
Children's Hospital or its successor organization.
48.02 (1d) of the statutes is amended to read:
“Adult" means a person who is 18 years of age or older, except that
9for purposes of investigating or prosecuting a person who is alleged to have violated
10any state or federal criminal law or any civil law or municipal ordinance, “
11means a person who has attained 17 years of age
48.02 (2) of the statutes is amended to read:
“Child," when used without further qualification, means a person who 14
is less than 18 years of age, except that for purposes of investigating or prosecuting
15a person who is alleged to have violated a state or federal criminal law or any civil
16law or municipal ordinance, “child" does not include a person who has attained 17
17years of age