This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
AB56-ASA1,292,177 40.01 (2) Purpose. The public employee trust fund is a public trust and shall
8be managed, administered, invested and otherwise dealt with solely for the purpose
9of ensuring the fulfillment at the lowest possible cost of the benefit commitments to
10participants, as set forth in this chapter, and shall not be used for any other purpose.
11Revenues collected for and balances in the accounts of a specific benefit plan shall
12be used only for the purposes of that benefit plan, including amounts allocated under
13s. 20.515 (1) (um) or (ut) or 40.04 (2), and shall not be used for the purposes of any
14other benefit plan. Each member of the employee trust funds board shall be a trustee
15of the fund and the fund shall be administered by the department of employee trust
16funds. All statutes relating to the fund shall be construed liberally in furtherance
17of the purposes set forth in this section.
AB56-ASA1,406 18Section 406 . 40.04 (2) (a) of the statutes is amended to read:
AB56-ASA1,292,2419 40.04 (2) (a) An administrative account shall be maintained within the fund
20from which administrative costs of the department shall be paid, except charges for
21services performed by the investment board, costs of medical and vocational
22evaluations used in determinations of eligibility for benefits under ss. 40.61, 40.63
23and 40.65 and costs of contracting for insurance data collection and analysis services
24under s. 40.03 (6) (j)
.
AB56-ASA1,407 25Section 407 . 40.04 (2) (e) of the statutes is repealed.
AB56-ASA1,427
1Section 427. 45.03 (15) of the statutes is amended to read:
AB56-ASA1,293,162 45.03 (15) Deferral of payments and interest on loans. When a veteran or
3a member of the veteran's family makes application for deferment of payment of
4monthly installments and waiver of interest charges on veterans loans made under
5this chapter, showing that the ability of the veteran to make payment is materially
6and adversely affected by reason of military service, the department may, with the
7approval of the board, defer payment of monthly installments and waive interest
8charges on veterans loans made under this chapter for the duration of any period of
9service in the armed forces of the United States during a national emergency or in
10time of war or under P.L. 87-117 and 6 months from date of discharge or separation
11and the time for payment may be extended for the same period. However, when funds
12estimated to be received in the veterans mortgage loan repayment fund to pay debt
13service on public debt contracted under s. 20.866 (2) (zn) and (zo) are less than the
14funds estimated to be required for the payment of the debt service, the board may
15grant deferral of payments and interest on loans provided under s. 45.37 only when
16so required by federal law.
AB56-ASA1,428 17Section 428 . 45.03 (16) (c) 2. (intro.) of the statutes is amended to read:
AB56-ASA1,293,2118 45.03 (16) (c) 2. (intro.) The department shall declare immediately due and
19payable any loan made after July 29, 1979, under a program administered by the
20department under s. 45.40 or subch. III, if it finds that the loan was granted to an
21ineligible person due to any of the following circumstances:
AB56-ASA1,429 22Section 429 . 45.03 (16) (c) 3. (intro.) of the statutes is amended to read:
AB56-ASA1,293,2423 45.03 (16) (c) 3. (intro.) Loan application forms processed by the department
24for programs administered under s. 45.40 or subch. III shall do all of the following:
AB56-ASA1,430 25Section 430 . 45.03 (16) (c) 4. of the statutes is amended to read:
AB56-ASA1,294,3
145.03 (16) (c) 4. The department shall incorporate the payment acceleration
2requirements of subd. 2. in all loan documents for programs administered by the
3department under s. 45.40 or subch. III.
AB56-ASA1,431 4Section 431 . Subchapter III of chapter 45 [precedes 45.30] of the statutes is
5repealed.
AB56-ASA1,432 6Section 432 . 45.42 (4) of the statutes is amended to read:
AB56-ASA1,294,137 45.42 (4) The department may execute necessary instruments, collect interest
8and principal, compromise indebtedness, sue and be sued, post bonds, and write off
9indebtedness that it considers uncollectible. If a loan under this section is secured
10by a real estate mortgage, the department may exercise the rights of owners and
11mortgagees generally and the rights and powers set forth in s. 45.32 , 2017 stats. The
12department shall pay all interest and principal repaid on the loan into the veterans
13trust fund.
AB56-ASA1,433 14Section 433 . 45.42 (8) (a) of the statutes is repealed.
AB56-ASA1,434 15Section 434 . 45.42 (8) (b) of the statutes is renumbered 45.42 (8).
AB56-ASA1,435 16Section 435 . 45.48 of the statutes is created to read:
AB56-ASA1,294,21 1745.48 Veterans outreach and recovery program. (1) To be funded from
18the appropriation under s. 20.485 (2) (qs), the department shall administer a
19program to provide outreach, mental health services, and support to individuals who
20reside in this state, who may have a mental health condition or substance use
21disorder, and who meet one of the following conditions:
AB56-ASA1,294,2322 (a) Are serving in the national guard of any state or a reserve component of the
23U.S. armed forces.
AB56-ASA1,295,224 (b) Served on active duty in the U.S. armed forces, forces incorporated as part
25of the U.S. armed forces, a reserve component of the U.S. armed forces, or the

1national guard of any state and were discharged under conditions other than
2dishonorable.
AB56-ASA1,295,4 3(2) The eligibility requirements under s. 45.02 do not apply to an individual
4receiving services under sub. (1).
AB56-ASA1,295,6 5(3) The department may provide payments to facilitate the provision of services
6under sub. (1).
AB56-ASA1,436 7Section 436 . 45.57 of the statutes is amended to read:
AB56-ASA1,295,12 845.57 Veterans homes; transfer of funding. The department may transfer
9all or part of the unencumbered balance of any of the appropriations under s. 20.485
10(1) (g), (gd), (gk), or (i) to the veterans trust fund or to the veterans mortgage loan
11repayment fund
. The department shall notify the joint committee on finance in
12writing of any balance transferred under this section.
AB56-ASA1,440 13Section 440 . 46.057 (2) of the statutes is amended to read:
AB56-ASA1,295,2214 46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the
15department of corrections shall transfer to the appropriation account under s. 20.435
16(2) (kx) $1,365,500 in each fiscal year and, from the appropriation account under s.
1720.410 (3) (hm), the department of corrections shall transfer to the appropriation
18account under s. 20.435 (2) (kx) $2,869,200 $3,224,100 in fiscal year 2017-18
192019-20 and $2,932,600 $5,429,000 in fiscal year 2018-19 2020-21, for services for
20juveniles placed at the Mendota juvenile treatment center. The department of health
21services may charge the department of corrections not more than the actual cost of
22providing those services.
AB56-ASA1,441 23Section 441 . 46.10 (16) of the statutes is amended to read:
AB56-ASA1,296,924 46.10 (16) The department shall delegate to county departments under ss.
2551.42 and 51.437 or the local providers of care and services meeting the standards

1established by the department under s. 46.036, the responsibilities vested in the
2department under this section for collection of patient fees for services other than
3those provided at state facilities, those provided to children that are reimbursed
4under a waiver under s. 46.27 (11), 46.275, 46.278, or 46.2785, or those provided
5under the disabled children's long-term support program if the county departments
6or providers meet the conditions that the department determines are appropriate.
7The department may delegate to county departments under ss. 51.42 and 51.437 the
8responsibilities vested in the department under this section for collection of patient
9fees for services provided at the state facilities if the necessary conditions are met.
AB56-ASA1,442 10Section 442 . 46.21 (2m) (b) 1. a. of the statutes is amended to read:
AB56-ASA1,296,1411 46.21 (2m) (b) 1. a. The powers and duties of the county departments under ss.
1246.215, 51.42 and 51.437, including the administration of the long-term support
13community options program under s. 46.27, if the county department under s. 46.215
14is designated as the administering agency under s. 46.27 (3) (b) 1
.
AB56-ASA1,443 15Section 443 . 46.21 (2m) (b) 1. b. of the statutes is repealed.
AB56-ASA1,444 16Section 444 . 46.215 (1) (m) of the statutes is repealed.
AB56-ASA1,445 17Section 445 . 46.22 (1) (b) 1. e. of the statutes is repealed.
AB56-ASA1,446 18Section 446 . 46.23 (3) (bm) of the statutes is repealed.
AB56-ASA1,447 19Section 447 . 46.269 of the statutes is amended to read:
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.
Loading...
Loading...