Chapter 46

46.234(1) (1) Definition. In this section, “recovery residence” means a home-like, residential environment that promotes healthy recovery from a substance use disorder and supports persons recovering from a substance use disorder through the use of peer recovery support.

46.234(2) (2) Registration. The department shall establish and maintain a registry of approved recovery residences. Subject to sub. (3), the department shall approve a recovery residence for inclusion in the registry if the recovery residence requests registration from the department and agrees to do or does all of the following:

46.234(2)(a) (a) Operate with integrity, uphold residents’ rights, create a culture of empowerment where residents engage in governance and leadership, and develop abilities to apply the social model form of recovery that focuses on learning from the experiences of peers who are also in recovery.

46.234(2)(b) (b) Provide a home-like, safe, and healthy environment.

46.234(2)(c) (c) Facilitate active recovery and recovery community engagement, model positive social behaviors and relationship enhancement skills, and cultivate residents’ senses of belonging and responsibility toward community.

46.234(2)(d) (d) Maintain an environment in the residence free from alcohol and illicit drugs.

46.234(2)(e) (e) Have courtesy rules for residents and be responsive to concerns of neighbors to the residence.

46.234(2)(f) (f) Display in the residence the code of ethics, grievance procedure, and grievance contact information.

46.234(3) (3) Acceptance of medication-assisted treatment. Beginning on April 1, 2022, the department may not include a recovery residence in the registry if the recovery residence excludes any resident solely on the basis that the resident is participating in medication-assisted treatment.

46.234(4) (4) Registration required for referrals or funding. A recovery residence is not required to register with the department unless the recovery residence seeks referrals under sub. (5) or state or federal funds passing through the state treasury.

46.234(5) (5) Referrals. Upon request for referrals to recovery residences, the department shall provide a list of recovery residences that are included on the registry under sub. (2). The department may limit the list of registered recovery residences provided under this subsection based on the geographical and other preferences specified by the person requesting referrals.

46.234(6) (6) Use of registered designation. A recovery residence may not use the designation of or hold itself out as “registered” or “state approved” unless the recovery residence is included in the registry under sub. (2).

46.234(7) (7) Information required. The recovery residence shall provide at the time of its request for registration for the purpose of inclusion on the registry all of the following information:

46.234(7)(a) (a) The name of any organization that has certified the recovery residence.

46.234(7)(b) (b) The name of any organization under which the recovery residence operates.

46.234(7)(c) (c) The address of the recovery residence.

46.234(7)(d) (d) The number of residents allowed to reside at the recovery residence.

46.234(8) (8) Revocation of registration. The department shall revoke the registration of a recovery residence if the recovery residence ceases to meet the criteria under sub. (2).

46.234 History History: 2019 a. 120.

46.238 46.238 Infants and unborn children whose mothers abuse controlled substances, controlled substance analogs, or alcohol. If an agency, as defined in s. 48.981 (1) (ag), receives a report under s. 146.0255 (2) or 146.0257 (2) and that agency is a county department under s. 46.22 or 46.23 or a licensed child welfare agency under contract with that county department, the agency shall offer to provide appropriate services and treatment to the infant and the infant’s mother or to the unborn child, as defined in s. 48.02 (19), and the expectant mother of the unborn child or the agency shall make arrangements for the provision of appropriate services and treatment. If an agency receives a report under s. 146.0255 (2) or 146.0257 (2) and that agency is the department or a licensed child welfare agency under contract with the department, the agency shall refer the report to the county department under s. 51.42 or 51.437 and that county department shall offer to provide, or make arrangements for the provision of, those services and that treatment.

46.238 History History: 1989 a. 122; 1993 a. 16; 1995 a. 386, 448; 1997 a. 27, 292; 2009 a. 79; 2013 a. 260.

46.245 46.245 Information for certain pregnant women. Upon request, a county department under s. 46.215, 46.22 or 46.23 shall distribute the materials described under s. 253.10 (3) (d), as prepared and distributed by the department. A physician who intends to perform or induce an abortion or another qualified physician, as defined in s. 253.10 (2) (g), who reasonably believes that he or she might have a patient for whom the information under s. 253.10 (3) (d) is required to be given, shall request a reasonably adequate number of the materials from the county department under this section or from the department under s. 253.10 (3) (d). An individual may request a reasonably adequate number of the materials.

46.245 History History: 1985 a. 56, 176; 1993 a. 27; 1995 a. 309; 1997 a. 27.

46.248 46.248 Reach Out and Read Wisconsin grants. From the appropriation under s. 20.435 (1) (dx), the department shall distribute moneys to Reach Out and Read, Inc., for the early literacy program known as Reach Out and Read Wisconsin.

46.248 History History: 2021 a. 58.

46.269 46.269 Determining financial eligibility for long-term care programs. To the extent approved by the federal government, 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 medical assistance under s. 49.472 in determining financial eligibility and cost-sharing requirements, if any, for a long-term care program under s. 46.275 or 46.277, for the family care program that provides the benefit defined in s. 46.2805 (4), for the Family Care Partnership program, or for the self-directed services option, as defined in s. 46.2897 (1).

46.269 History History: 2017 a. 59; 2019 a. 9.

46.271 46.271 Long-term support pilot projects.

46.271(1) (1) 

46.271(1)(a) (a) From the appropriation under s. 20.435 (4) (bd), the department shall award $100,000 in each fiscal year to applying county departments under s. 46.215, 46.22, 46.23, 51.42 or 51.437 or to an aging unit under the conditions specified in par. (c) to establish pilot projects for home and community-based long-term support services. Funds awarded to the pilot projects shall be used to do any of the following:

46.271(1)(a)1. 1. Provide administration for projects that serve individuals who are discharged from hospitals and meet one of the eligibility requirements under [s. 46.27 (6r) (b) 1. to 4.].

46.271 Note NOTE: The cross-reference in brackets does not exist. 2019 Wis. Act 9 repealed s. 46.27.

46.271(1)(a)2. 2. Promote the development of a system of home and community-based long-term support services that is easily accessible to individuals who are eligible for and potentially need these services.

46.271(1)(b) (b) The department shall do all of the following:

46.271(1)(b)1. 1. Solicit applications from county departments or aging units for the pilot projects under par. (a).

46.271(1)(b)2. 2. Require that an applying county department or aging unit under subd. 1. submit as part of the application specific plans for improving the coordination between hospitals and providers of home and community-based long-term support services.

46.271(1)(c) (c) The department may contract with an aging unit, as defined in s. 46.82 (1) (a), for administration of services under par. (a) if, by resolution, the county board of supervisors of that county so requests the department.

46.271 History History: 1989 a. 31, 336; 1991 a. 39, 235; 1993 a. 16; 1997 a. 27; 1999 a. 9; 2015 a. 55; 2019 a. 9.

46.272 46.272 Children’s community options program.

46.272(1) (1) Definitions. In this section:

46.272(1)(a) (a) “Child” means a person under 22 years of age who is not eligible to receive services in or on a waiting list for an adult long-term care program.

46.272(1)(b) (b) “Disability” means a severe physical, developmental, or emotional impairment which is diagnosed medically, behaviorally, or psychologically, which is characterized by the need for individually planned and coordinated care, treatment, vocational rehabilitation, or other services and which has resulted or is likely to result in substantial limitation on the ability to function in at least 2 of the following areas, equivalent to nursing home, hospital, or institution for mental disease level of care:

46.272(1)(b)1. 1. Self-care.

46.272(1)(b)2. 2. Receptive and expressive language.

46.272(1)(b)3. 3. Learning.

46.272(1)(b)4. 4. Mobility.

46.272(1)(b)5. 5. Self-direction.

46.272(1)(c) (c) “Hospital” has the meaning provided in s. 50.33 (2).

46.272(1)(d) (d) “Institutional setting” means a nursing home, as defined in s. 50.01 (3), a state-operated long-term care facility, or any other residential facility that provides long-term care to children outside of a home.

46.272(1)(e) (e) “Residence” means the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation. Physical presence shall be prima facie evidence of intent to remain.

46.272(1)(f) (f) “State-operated long-term care facility” means a state center for the developmentally disabled and a Wisconsin veterans home operated by the department of veterans affairs under s. 45.50.

46.272(1)(g) (g) “Voluntary” means according to an individual’s free choice, if competent, or by choice of his or her parent or guardian, if the individual is adjudicated incompetent or is a minor.

46.272(2) (2) Departmental duties. The department shall do all of the following to establish a children’s community options program:

46.272(2)(a) (a) Review and approve or disapprove the selection of a county department to administer the children’s community options program.

46.272(2)(b) (b) In consultation with representatives of counties; programs that provide community-based services to children or families, other publicly funded programs, and the social services, mental health, and developmental disabilities programs under ss. 46.495, 51.42, and 51.437; the independent living center program under s. 46.96; and the Medical Assistance program under subch. IV of ch. 49; and with recipients of children’s community support services, develop guidelines for implementing the program and criteria for reviewing community options plans from counties participating in the program under this section. The guidelines and criteria shall address cost-effectiveness, scope, feasibility and impact on the quality and appropriateness of health services and social services and shall provide counties with maximum flexibility to develop programs that address local needs.

46.272(2)(c) (c) Review and approve or disapprove the community options plan of each county participating in the children’s community options program.

46.272(2)(d) (d) Require that a county, by use of a form provided by the department or other appropriate procedure, ensure that persons receiving services under this section meet the eligibility requirements for the children’s community options program.

46.272(2)(e) (e) Periodically monitor the implementation of the children’s community options program.

46.272(2)(f) (f) Review and approve or disapprove the terms of risk reserve escrow accounts created under sub. (13) (f) and approve or disapprove disbursements for administrative or staff costs from the risk reserve escrow accounts.

46.272(4) (4) Duties of participating county departments. Each participating county department shall do all of the following:

46.272(4)(a) (a) Appoint members to an advisory committee or appoint an existing committee in the service area as the children’s community options advisory committee to assist in developing the program plan and to monitor the program. The committee shall include, but need not be limited to, the following members:

46.272(4)(a)1. 1. Parents of children with disabilities including, if possible, parents from families that participate in the children’s community options program. To the maximum extent possible, the parents shall be representative of the various disability, racial, and ethnic groups in the service area. The members specified under this subdivision shall constitute a majority of the membership of the committee.

46.272(4)(a)2. 2. Persons from the service area representing the county department under s. 46.23, 51.42, or 51.437 and the county department under s. 46.215 or 46.22, school districts, and local health departments, as defined in s. 250.01 (4). At least one of the committee members selected under this subdivision shall be a person providing community social services to children with disabilities who are eligible for the program.

46.272(4)(a)3. 3. Persons in the service area who provide social or educational services to children who have disabilities other than the providers specified in subd. 2.

46.272(4)(b) (b) Cooperate with the committee appointed under par. (a) to prepare a program plan. The program plan shall include all of the following:

46.272(4)(b)1. 1. A description of the proposed program operations.

46.272(4)(b)2. 2. The estimated number of families that will be assessed and served.

46.272(4)(b)3. 3. A list of specific groups, if any, that will be given priority for available funding.

46.272(4)(b)4. 4. A description of the outreach procedures that will be used to ensure that the program will be made available to children with physical, emotional, and developmental disabilities.

46.272(4)(b)5. 5. The procedures that will be used to determine family needs.

46.272(4)(b)6. 6. A description of the methods that will be used for the development and monitoring of service plans and for coordinating the provision of services and goods to participating families.

46.272(4)(b)7. 7. A description of the methods that will be used to promote the creation of informal support and advocacy systems for families.

46.272(4)(b)8. 8. A description of the method that will be used to monitor the children’s community options program.

46.272(4)(c) (c) Submit the proposed program plan to the department upon approval by the children’s community options program advisory committee.

46.272(4)(d) (d) Administer the program or contract with a human service agency in the service area to administer the program within the limits of state and federal funds under subs. (13) and (14).

46.272(4)(e) (e) In conjunction with the county department under s. 46.215 or 46.22, if any, in the service area and with the administering agency, if it is not the county department under s. 46.23, 51.42, or 51.437, coordinate the administration of the program with the administration of other publicly funded programs that serve children who have disabilities.

46.272(4)(f) (f) Submit all information and reports required by the department.

46.272(5) (5) Powers and duties of a private nonprofit agency. The department may contract with a private nonprofit agency for services under this section. The agency shall have the powers and duties under this section of a county department designated to administer the program.

46.272(6) (6) Duties of counties or agencies. Each county or each agency under contract under sub. (5) shall:

46.272(6)(a) (a) Cooperate in the development of the program plan under sub. (4) (b).

46.272(6)(b) (b) Provide information about the program and other programs for children who have disabilities to families in the service area.

46.272(6)(c) (c) Implement the program in accordance with the program plan.

46.272(6)(d) (d) Designate one of its employees as the coordinator for each participating family.

46.272(7) (7) County department duties. The county department selected to administer the children’s community options program shall:

46.272(7)(a) (a) Organize assessment activities specified in par. (f) and sub. (8). The county department shall utilize persons for each assessment who can determine the needs of the child being assessed and who know the availability within the county of services. The county department shall coordinate the involvement of representatives from the county departments under ss. 46.215, 46.22, 51.42 and 51.437, and health service providers in the assessment activities specified in sub. (8), as well as the child being assessed and members of the child’s family or the child’s guardian.

46.272(7)(b) (b) Within the limits of state and federal funds allocated under sub. (13), arrange service contracts under s. 46.036 and ensure the provision of necessary long-term community support services for each child who meets the criteria for services under the children’s community options program.

46.272(7)(c) (c) Within the limits of state and federal funds allocated under sub. (13), provide for ongoing care management services in accordance with the requirements established under sub. (10) (b) 1., periodic case plan review and follow-up services for any child receiving community support services under the children’s community options program.

46.272(7)(d) (d) Determine, under sub. (9), the fee, if any, for all families or guardians of children who meet the criteria to receive services and are applying for or receiving children’s community support services that are funded under sub. (13) or (14).

46.272(7)(e) (e) In the instances in which a child who is provided community support services under this section for which the child or his or her parent or guardian receives direct funding, serve directly as a fiscal agent or contract with a fiscal intermediary to serve as a fiscal agent for that child for the purposes of performing the responsibilities and protecting the interests of the individual under the unemployment insurance law. The county department may elect to act as a fiscal agent or contract with a fiscal intermediary to serve as a fiscal agent for a child who is provided long-term community support services under s. 46.275, 46.277, 46.278, 46.2785, 46.495, 51.42, or 51.437. The fiscal agent under this paragraph is responsible for remitting any federal unemployment compensation taxes or state unemployment insurance contributions owed by the child, including any interest and penalties which are owed by the child; for serving as the representative of the child in any investigation, meeting, hearing, or appeal involving ch. 108 or the federal unemployment tax act (26 USC 3301 to 3311) in which the child is a party; and for receiving, reviewing, completing, and returning all forms, reports, and other documents required under ch. 108 or the federal unemployment tax act on behalf of the child. A child may make an informed, knowing, and voluntary election to waive the right to a fiscal agent. The waiver may be as to all or any portion of the fiscal agent’s responsibilities. The waiver may be rescinded in whole or in part at any time.