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AB56,459 12Section 459. 46.2803 of the statutes is repealed.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1Section 462. 46.281 (1n) (d) of the statutes is repealed.
AB56,463 2Section 463. 46.281 (3) of the statutes is repealed.
AB56,464 3Section 464. 46.2825 of the statutes is repealed.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AB56,466 11Section 466. 46.283 (4) (e) of the statutes is repealed.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 of the statutes is repealed.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:
AB56,478,3
147.07 Project SEARCH. (1) The department shall allocate for each fiscal
2year at least $250,000 from the appropriation under s. 20.445 (1) (b) for contracts
3entered into under this section.
AB56,478,6 4(2) The department may enter into contracts to provide services to persons with
5disabilities under the Project SEARCH program operated by the Cincinnati
6Children's Hospital or its successor organization.
AB56,489 7Section 489 . 48.02 (1d) of the statutes is amended to read:
AB56,478,118 48.02 (1d) “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, “ adult"
11means a person who has attained 17 years of age
.
AB56,490 12Section 490 . 48.02 (2) of the statutes is amended to read:
AB56,478,1713 48.02 (2) “Child," when used without further qualification, means a person who
14is 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
.
AB56,491 18Section 491. 48.02 (14m) of the statutes is created to read:
AB56,478,2119 48.02 (14m) “Qualifying residential family-based treatment facility” means a
20certified residential family-based alcohol or drug abuse treatment facility that
21meets all of the following criteria:
AB56,478,2422 (a) The treatment facility provides, as part of the treatment for substance
23abuse, parenting skills training, parent education, and individual and family
24counseling.
AB56,479,6
1(b) The substance abuse treatment, parenting skills training, parent
2education, and individual and family counseling is provided under an organizational
3structure and treatment framework that involves understanding, recognizing, and
4responding to the effects of all types of trauma and in accordance with recognized
5principles of a trauma-informed approach and trauma-specific interventions to
6address the consequences of trauma and facilitate healing.
AB56,492 7Section 492. 48.13 of the statutes is amended to read:
AB56,479,11 848.13 Jurisdiction over children alleged to be in need of protection or
9services.
Except as provided in s. 48.028 (3), the court has exclusive original
10jurisdiction over a child alleged to be in need of protection or services which can be
11ordered by the court, and if one of the following applies:
AB56,479,12 12(1) Who The child is without a parent or guardian;.
AB56,479,13 13(2) Who The child has been abandoned;.
AB56,479,15 14(2m) Whose The child's parent has relinquished custody of the child under s.
1548.195 (1);.
AB56,479,17 16(3) Who The child has been the victim of abuse, as defined in s. 48.02 (1) (a) or
17(b) to (g), including injury that is self-inflicted or inflicted by another;.
AB56,479,21 18(3m) Who The child is at substantial risk of becoming the victim of abuse, as
19defined in s. 48.02 (1) (a) or (b) to (g), including injury that is self-inflicted or inflicted
20by another, based on reliable and credible information that another child in the home
21has been the victim of such abuse;.
AB56,479,24 22(4) Whose The child's parent or guardian signs the petition requesting
23jurisdiction under this subsection and is unable or needs assistance to care for or
24provide necessary special treatment or care for the child;.
AB56,480,3
1(4m) Whose The child's guardian is unable or needs assistance to care for or
2provide necessary special treatment or care for the child, but is unwilling or unable
3to sign the petition requesting jurisdiction under this subsection ;.
AB56,480,4 4(5) Who The child has been placed for care or adoption in violation of law ;.
AB56,480,6 5(8) Who The child is receiving inadequate care during the period of time a
6parent is missing, incarcerated, hospitalized or institutionalized ;.
AB56,480,10 7(9) Who The child is at least age 12, signs the petition requesting jurisdiction
8under this subsection and is in need of special treatment or care which the parent,
9guardian or legal custodian is unwilling, neglecting, unable or needs assistance to
10provide;.
AB56,480,14 11(10) Whose The child's parent, guardian or legal custodian neglects, refuses or
12is unable for reasons other than poverty to provide necessary care, food, clothing,
13medical or dental care or shelter so as to seriously endanger the physical health of
14the child;.
AB56,480,22 15(10m) Whose The child's parent, guardian or legal custodian is at substantial
16risk of neglecting, refusing or being unable for reasons other than poverty to provide
17necessary care, food, clothing, medical or dental care or shelter so as to endanger
18seriously the physical health of the child, based on reliable and credible information
19that the child's parent, guardian or legal custodian has neglected, refused or been
20unable for reasons other than poverty to provide necessary care, food, clothing,
21medical or dental care or shelter so as to endanger seriously the physical health of
22another child in the home;.
AB56,481,2 23(11) Who The child is suffering emotional damage for which the parent,
24guardian or legal custodian has neglected, refused or been unable and is neglecting,

1refusing or unable, for reasons other than poverty, to obtain necessary treatment or
2to take necessary steps to ameliorate the symptoms; .
AB56,481,5 3(11m) Who The child is suffering from an alcohol and other drug abuse
4impairment, exhibited to a severe degree, for which the parent, guardian or legal
5custodian is neglecting, refusing or unable to provide treatment ; or.
AB56,481,7 6(13) Who The child has not been immunized as required by s. 252.04 and not
7exempted under s. 252.04 (3).
AB56,493 8Section 493. 48.13 (14) of the statutes is created to read:
AB56,481,129 48.13 (14) The child's parent is residing in a qualifying residential
10family-based treatment facility, signs the petition requesting jurisdiction under this
11subsection, and, with the department's consent, requests that the child reside with
12him or her at the qualifying residential family-based treatment facility.
AB56,494 13Section 494. 48.207 (1) (L) of the statutes is created to read:
AB56,481,1714 48.207 (1) (L) With a parent in a qualifying residential family-based treatment
15facility if the child's permanency plan includes a recommendation for such a
16placement under s. 48.38 (4) (em) before the placement is made and the parent
17consents to the placement.
AB56,495 18Section 495 . 48.345 (3) (c) of the statutes is amended to read:
AB56,481,2119 48.345 (3) (c) A foster home licensed under s. 48.62, a group home licensed
20under s. 48.625, a foster home, group home, or similar facility regulated in another
21state,
or in the home of a guardian under s. 48.977 (2).
AB56,496 22Section 496 . 48.345 (3) (cm) of the statutes is amended to read:
AB56,482,223 48.345 (3) (cm) A group home described in s. 48.625 (1m) or a similar facility
24regulated in another state,
if the child is at least 12 years of age, is a custodial parent,

1as defined in s. 49.141 (1) (b), or an expectant mother, is receiving inadequate care,
2and is in need of a safe and structured living arrangement.
AB56,497 3Section 497 . 48.345 (3) (d) of the statutes is amended to read:
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