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AB56,467,37 46.057 (1) The department shall establish, maintain, and operate the Mendota
8juvenile treatment center on the grounds of the Mendota Mental Health Institute.
9The department may designate staff at the Mendota Mental Health Institute as
10responsible for administering, and providing services at, the center.
11Notwithstanding ss. 301.02, 301.03, and 301.36 (1), the department shall operate the
12Mendota juvenile treatment center as a juvenile correctional facility, as defined in
13s. 938.02 (10p). The center shall not be considered a hospital, as defined in s. 50.33
14(2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as
15defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center
16shall provide psychological and psychiatric evaluations and treatment for juveniles
17whose behavior presents a serious problem to themselves or others in other juvenile
18correctional facilities or in secured residential care centers for children and youth
19and whose mental health needs can be met at the center. With the approval of the
20department of health services, the department of corrections may transfer to the
21center any juvenile who has been placed in a juvenile correctional facility or a secured
22residential care center for children and youth under the supervision of the
23department of corrections under s. 938.183, 938.34 (4h) or (4m), or 938.357 (3), (4),
24or (5) (e) in the same manner that the department of corrections transfers juveniles
25between other juvenile correctional facilities. Upon the recommendation of Subject

1to s. 938.357 (3) (c), with the approval of
the department of health services, a court
2may place a juvenile at the center in a proceeding for a change in placement order
3under s. 938.357 (3).
AB56,438 4Section 438 . 46.057 (1) of the statutes, as affected by 2017 Wisconsin Act 185,
5section 15, and 2019 Wisconsin Act .... (this act), is repealed and recreated to read:
AB56,468,26 46.057 (1) The department shall establish, maintain, and operate the Mendota
7juvenile treatment center on the grounds of the Mendota Mental Health Institute.
8The department may designate staff at the Mendota Mental Health Institute as
9responsible for administering, and providing services at, the center.
10Notwithstanding ss. 301.02, 301.03, and 301.36 (1), the department shall operate the
11Mendota juvenile treatment center as a juvenile correctional facility, as defined in
12s. 938.02 (10p). The center shall not be considered a hospital, as defined in s. 50.33
13(2), an inpatient facility, as defined in s. 51.01 (10), a state treatment facility, as
14defined in s. 51.01 (15), or a treatment facility, as defined in s. 51.01 (19). The center
15shall provide psychological and psychiatric evaluations and treatment for juveniles
16whose behavior presents a serious problem to themselves or others in other juvenile
17correctional facilities or in secured residential care centers for children and youth
18and whose mental health needs can be met at the center. With the approval of the
19department of health services, the department of corrections may transfer to the
20center any juvenile who has been placed in a juvenile correctional facility or a secured
21residential care center for children and youth under the supervision of the
22department of corrections under s. 938.183, 938.34 (4h), or 938.357 (3), (4), or (5) (e)
23in the same manner that the department of corrections transfers juveniles between
24other juvenile correctional facilities. Subject to s. 938.357 (3) (c), with the approval

1of the department of health services, a court may place a juvenile at the center in a
2proceeding for a change in placement order under s. 938.357 (3).
AB56,439 3Section 439. 46.057 (1m) of the statutes is created to read:
AB56,468,74 46.057 (1m) Only the director of the Mendota Mental Health Institute, or his
5or her designee, is authorized to make decisions regarding the admission of juveniles
6to and treatment of juveniles at the center and the release and return of juveniles
7to the appropriate state or county facility.
AB56,440 8Section 440. 46.057 (2) of the statutes is amended to read:
AB56,468,179 46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the
10department 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.
1220.410 (3) (hm), the department of corrections shall transfer to the appropriation
13account under s. 20.435 (2) (kx) $2,869,200 $3,224,100 in fiscal year 2017-18
142019-20 and $2,932,600 $5,878,100 in fiscal year 2018-19 2020-21, for services for
15juveniles placed at the Mendota juvenile treatment center. The department of health
16services may charge the department of corrections not more than the actual cost of
17providing those services.
AB56,441 18Section 441. 46.10 (16) of the statutes is amended to read:
AB56,469,419 46.10 (16) The department shall delegate to county departments under ss.
2051.42 and 51.437 or the local providers of care and services meeting the standards
21established by the department under s. 46.036, the responsibilities vested in the
22department under this section for collection of patient fees for services other than
23those provided at state facilities, those provided to children that are reimbursed
24under a waiver under s. 46.27 (11), 46.275, 46.278, or 46.2785, or those provided
25under the disabled children's long-term support program if the county departments

1or providers meet the conditions that the department determines are appropriate.
2The department may delegate to county departments under ss. 51.42 and 51.437 the
3responsibilities vested in the department under this section for collection of patient
4fees for services provided at the state facilities if the necessary conditions are met.
AB56,442 5Section 442. 46.21 (2m) (b) 1. a. of the statutes is amended to read:
AB56,469,96 46.21 (2m) (b) 1. a. The powers and duties of the county departments under ss.
746.215, 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
.
AB56,443 10Section 443. 46.21 (2m) (b) 1. b. of the statutes is repealed.
AB56,444 11Section 444. 46.215 (1) (m) of the statutes is repealed.
AB56,445 12Section 445. 46.22 (1) (b) 1. e. of the statutes is repealed.
AB56,446 13Section 446. 46.23 (3) (bm) of the statutes is repealed.
AB56,447 14Section 447. 46.269 of the statutes is amended to read:
AB56,469,25 1546.269 Determining financial eligibility for long-term care programs.
16To the extent approved by the federal government, the department or its designee
17shall exclude any assets accumulated in a person's independence account, as defined
18in s. 49.472 (1) (c), and any income or assets from retirement benefits earned or
19accumulated from income or employer contributions while employed and receiving
20state-funded benefits under s. 46.27 or medical assistance under s. 49.472 in
21determining financial eligibility and cost-sharing requirements, if any, for a
22long-term care program under s. 46.27, 46.275 , or 46.277, for the family care
23program that provides the benefit defined in s. 46.2805 (4), for the Family Care
24Partnership program, or for the self-directed services option, as defined in s. 46.2897
25(1).
AB56,448
1Section 448. 46.27 of the statutes is repealed.
AB56,449 2Section 449. 46.271 (1) (c) of the statutes is amended to read:
AB56,470,53 46.271 (1) (c) The department may contract with an aging unit, as defined in
4s. 46.27 46.82 (1) (a), for administration of services under par. (a) if, by resolution,
5the county board of supervisors of that county so requests the department.
AB56,450 6Section 450. 46.275 (3) (e) of the statutes is repealed.
AB56,451 7Section 451. 46.275 (5) (b) 7. of the statutes is amended to read:
AB56,470,118 46.275 (5) (b) 7. Provide services in any community-based residential facility
9unless the county or department uses as a service contract the approved model
10contract developed under s. 46.27 (2) (j), 2017 stats., or a contract that includes all
11of the provisions of the approved model contract.
AB56,452 12Section 452. 46.277 (1m) (at) of the statutes is amended to read:
AB56,470,1613 46.277 (1m) (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
161396u-4
.
AB56,453 17Section 453. 46.277 (3) (a) of the statutes is amended to read:
AB56,471,218 46.277 (3) (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
20program shall substitute for care provided a person in a skilled nursing facility or
21intermediate care facility who meets the level of care requirements for medical
22assistance reimbursement to that facility rather than for care provided at a state
23center for the developmentally disabled. The number of persons who receive services
24provided by the program under this paragraph may not exceed the number of

1nursing home beds, other than beds specified in sub. (5g) (b), that are delicensed as
2part of a plan submitted by the facility and approved by the department.
AB56,454 3Section 454 . 46.277 (5) (d) 2. (intro.) and b. of the statutes are consolidated,
4renumbered 46.277 (5) (d) 2. and amended to read:
AB56,471,125 46.277 (5) (d) 2. No county may use funds received under this section to provide
6residential services in any community-based residential facility, as defined in s.
750.01 (1g), unless one of the following applies: b. The the department approves the
8provision of services in a community-based residential facility that entirely consists
9of independent apartments, each of which has an individual lockable entrance and
10exit and individual separate kitchen, bathroom, sleeping and living areas, to
11individuals who are eligible under this section and are physically disabled or are at
12least 65 years of age.
AB56,455 13Section 455. 46.277 (5) (d) 2. a. of the statutes is repealed.
AB56,456 14Section 456. 46.277 (5) (d) 3. of the statutes is amended to read:
AB56,471,2115 46.277 (5) (d) 3. If subd. 2. a. or b. applies, no county may use funds received
16under this section to pay for services provided to a person who resides or intends to
17reside in a community-based residential facility and who is initially applying for the
18services, if the projected cost of services for the person, plus the cost of services for
19existing 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
21subdivision, under the conditions specified by rule, to avoid hardship to the person.
AB56,457 22Section 457. 46.277 (5) (f) of the statutes is amended to read:
AB56,472,223 46.277 (5) (f) No county or private nonprofit agency may use funds received
24under this subsection to provide services in any community-based residential
25facility unless the county or agency uses as a service contract the approved model

1contract developed under s. 46.27 (2) (j), 2017 stats., or a contract that includes all
2of the provisions of the approved model contract.
AB56,458 3Section 458. 46.278 (4) (a) of the statutes is amended to read:
AB56,472,114 46.278 (4) (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
6program shall substitute for care provided a person in an intermediate care facility
7for persons with an intellectual disability or in a brain injury rehabilitation facility
8who meets the intermediate care facility for persons with an intellectual disability
9or brain injury rehabilitation facility level of care requirements for medical
10assistance reimbursement to that facility rather than for care provided at a state
11center for the developmentally disabled.
AB56,459 12Section 459. 46.2803 of the statutes is repealed.
AB56,460 13Section 460. 46.2805 (1) (b) of the statutes is amended to read:
AB56,472,1614 46.2805 (1) (b) A demonstration program known as the Wisconsin partnership
15Family Care Partnership program under a federal waiver authorized under 42 USC
161315 1396n.
AB56,461 17Section 461 . 46.281 (1d) of the statutes is amended to read:
AB56,472,2518 46.281 (1d) Waiver request. The department shall request from the secretary
19of the federal department of health and human services any waivers of federal
20medicaid laws necessary to permit the use of federal moneys to provide the family
21care benefit and the self-directed services option to recipients of medical assistance.
22The department shall implement any waiver that is approved and that is consistent
23with ss. 46.2805 to 46.2895. Regardless of whether a waiver is approved, the
24department may implement operation of resource centers, care management
25organizations, and the family care benefit.
AB56,462
1Section 462. 46.281 (1n) (d) of the statutes is repealed.
AB56,463 2Section 463. 46.281 (3) of the statutes is repealed.
AB56,464 3Section 464. 46.2825 of the statutes is repealed.
AB56,465 4Section 465. 46.283 (3) (f) of the statutes is amended to read:
AB56,473,105 46.283 (3) (f) Assistance to a person who is eligible for the family care benefit
6with respect to the person's choice of whether or not to enroll in the self-directed
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
10or
care management organization would best meet his or her needs.
AB56,466 11Section 466. 46.283 (4) (e) of the statutes is repealed.
AB56,467 12Section 467. 46.283 (4) (f) of the statutes is amended to read:
AB56,473,1613 46.283 (4) (f) Perform a functional screening and a financial and cost-sharing
14screening for any resident, as specified in par. (e), who requests a screening and
15assist any resident who is eligible and chooses to enroll in a care management
16organization or the self-directed services option to do so.
AB56,468 17Section 468. 46.283 (6) (b) 7. of the statutes is repealed.
AB56,469 18Section 469. 46.283 (6) (b) 9. of the statutes is amended to read:
AB56,473,2219 46.283 (6) (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
21center, to determine if a need exists for system changes, and recommend system or
22other changes if appropriate.
AB56,470 23Section 470. 46.283 (6) (b) 10. of the statutes is repealed.
AB56,471 24Section 471. 46.285 (intro.) of the statutes is renumbered 46.285 and amended
25to read:
AB56,474,6
146.285 Operation of resource center and care management
2organization.
In order to meet federal requirements and assure federal financial
3participation in funding of the family care benefit, a county, a tribe or band, a
4long-term care district or an organization, including a private, nonprofit
5corporation, may not directly operate both a resource center and a care management
6organization, except as follows:.
AB56,472 7Section 472. 46.285 (1) of the statutes is repealed.
AB56,473 8Section 473. 46.285 (2) of the statutes is repealed.
AB56,474 9Section 474. 46.286 (3) (b) 2. a. of the statutes is repealed.
AB56,475 10Section 475. 46.287 (2) (a) 1. (intro.) of the statutes is amended to read:
AB56,474,1611 46.287 (2) (a) 1. (intro.) Except as provided in subd. 2., a client may contest any
12of the following applicable matters by filing, within 45 days of the failure of a resource
13center or care management organization county to act on the contested matter
14within the time frames specified by rule by the department or within 45 days after
15receipt of notice of a decision in a contested matter, a written request for a hearing
16under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1):
AB56,476 17Section 476. 46.287 (2) (a) 1. d. of the statutes is renumbered 46.287 (2) (a) 1m.
18b.
AB56,477 19Section 477. 46.287 (2) (a) 1. e. of the statutes is repealed.
AB56,478 20Section 478. 46.287 (2) (a) 1. f. of the statutes is repealed.
AB56,479 21Section 479. 46.287 (2) (a) 1m. of the statutes is created to read:
AB56,475,322 46.287 (2) (a) 1m. Except as provided in subd. 2., a client may contest any of
23the following adverse benefit determinations by filing, within 90 days of the failure
24of a care management organization to act on a contested adverse benefit
25determination within the time frames specified by rule by the department or within

190 days after receipt of notice of a decision upholding the adverse benefit
2determination, a written request for a hearing under s. 227.44 to the division of
3hearings and appeals created under s. 15.103 (1):
AB56,475,74 a. Denial of functional eligibility under s. 46.286 (1) as a result of the care
5management organization's administration of the long-term care functional screen,
6including a change from a nursing home level of care to a non-nursing home level
7of care.
AB56,475,108 c. Denial or limited authorization of a requested service, including
9determinations based on type or level of service, requirements or medical necessity,
10appropriateness, setting, or effectiveness of a covered benefit.
AB56,475,1311 d. Reduction, suspension, or termination of a previously authorized service,
12unless the service was only authorized for a limited amount or duration and that
13amount or duration has been completed.
AB56,475,1414 e. Denial, in whole or in part, of payment for a service.
AB56,475,1715 f. The failure of a care management organization to act within the time frames
16provided in 42 CFR 438.408 (b) (1) and (2) regarding the standard resolution of
17grievances and appeals.
AB56,475,2018 g. Denial of an enrollee's request to dispute financial liability, including
19copayments, premiums, deductibles, coinsurance, other cost sharing, and other
20member financial liabilities.
AB56,475,2321 h. Denial of an enrollee, who is a resident of a rural area with only one care
22management organization, to obtain services outside the care management
23organization's network of contracted providers.
AB56,476,424 i. Development of a plan of care that is unacceptable to the enrollee because the
25plan of care requires the enrollee to live in a place that is unacceptable to the enrollee;

1the plan of care does not provide sufficient care, treatment, or support to meet the
2enrollee's needs and support the enrollee's identified outcomes; or the plan of care
3requires the enrollee to accept care, treatment, or support that is unnecessarily
4restrictive or unwanted by the enrollee.
AB56,476,55 j. Involuntary disenrollment from the care management organization.
AB56,480 6Section 480. 46.287 (2) (b) of the statutes is amended to read:
AB56,476,157 46.287 (2) (b) An enrollee may contest a decision, omission or action of a care
8management 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
.
AB56,481 16Section 481. 46.288 (2) (intro.) of the statutes is renumbered 46.288 (2) and
17amended to read:
AB56,476,2318 46.288 (2) Criteria and procedures for determining functional eligibility under
19s. 46.286 (1) (a), financial eligibility under s. 46.286 (1) (b), and cost sharing under
20s. 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:
AB56,482 24Section 482. 46.288 (2) (d) to (j) of the statutes are repealed.
AB56,483 25Section 483. 46.2896 (1) (a) of the statutes is amended to read:
AB56,477,4
146.2896 (1) (a) “Long-term care program" means the long-term care program
2under s. 46.27, 46.275, 46.277, 46.278, or 46.2785; the family care program providing
3the benefit under s. 46.286; the Family Care Partnership program; or the long-term
4care program defined in s. 46.2899 (1).
AB56,484 5Section 484. 46.536 of the statutes is amended to read:
AB56,477,13 646.536 Mobile crisis team Crisis program enhancement grants. From
7the appropriation under s. 20.435 (5) (cf), the department shall award grants in the
8total amount of $250,000 in each fiscal biennium to counties or regions comprised of
9multiple counties to establish certified or enhance crisis programs that create mental
10health mobile crisis teams
to serve individuals having mental health crises in rural
11areas. The department shall award a grant under this section in an amount equal
12to one-half the amount of money the county or region provides to establish certified
13or enhance crisis programs that create mobile crisis teams.
AB56,485 14Section 485. 46.82 (3) (a) 13. of the statutes is repealed.
AB56,486 15Section 486. 46.854 of the statutes is created to read:
AB56,477,18 1646.854 Healthy aging grant program. From the appropriation under s.
1720.435 (1) (bk), the department shall award in each fiscal year a grant of $250,000
18to an entity that conducts programs in healthy aging.
AB56,487 19Section 487. 46.995 (4) of the statutes is created to read:
AB56,477,2320 46.995 (4) The department shall ensure that any child who is eligible and who
21applies for the disabled children's long-term support program that is operating
22under a waiver of federal law receives services under the disabled children's
23long-term support program that is operating under a waiver of federal law.
AB56,488 24Section 488. 47.07 of the statutes is created to read:
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