AB150,880,2116 46.277 (3) (b) 2. Each county department participating in the program shall
17provide home or community-based care to persons eligible under this section, except
18that the number of persons who receive home or community-based care under this
19section may not exceed the number of nursing home beds, other than beds specified
20in sub. (5g) (b), that are delicensed as part of a plan submitted by the facility and
21approved by the department.

AB150,881,723 46.277 (3) (c) Beginning on January 1, 1996, from the annual allocation to the
24county for the provision of long-term community support services under sub. (5),
25annually establish a maximum total amount, not to exceed 25% of the annual

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1allocation, that may be encumbered in a calendar year for services for eligible
2individuals in community-based residential facilities. If the total amount that is
3encumbered for services for individuals in community-based residential facilities
4who are receiving services under sub. (5) on January 1, 1996, exceeds 25% of the
5county's annual allocation, a county may request a waiver of the requirement under
6this paragraph from the department. The department need not promulgate as rules
7under ch. 227 the standards for granting a waiver request under this paragraph.

AB150,881,169 46.277 (4) (a) Any medical assistance recipient who meets the level of care
10requirements for medical assistance reimbursement in a skilled nursing facility or
11intermediate care facility is eligible to participate in the program, except that the
12number of participants may not exceed the number of nursing home beds , other than
13beds specified in sub. (5g) (b), that are delicensed as part of a plan submitted by the
14facility and approved by the department. Such a recipient may apply, or any person
15may apply on behalf of such a recipient, for participation in the program. Section
1646.275 (4) (b) applies to participation in the program.

AB150,882,219 46.277 (4) (a) Any medical assistance recipient who meets the level of care
20requirements for medical assistance reimbursement in a skilled nursing facility or
21intermediate care facility is eligible to participate in the program, except that the
22number of participants may not exceed the number of nursing home beds, other than
23beds specified in sub. (5g) (b), that are delicensed as part of a plan submitted by the
24facility and approved by the department and except as provided in sub. (5g) (c). Such
25a recipient may apply, or any person may apply on behalf of such a recipient, for

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1participation in the program. Section 46.275 (4) (b) applies to participation in the
2program.

AB150,882,114 46.277 (4) (b) To the extent authorized under 42 USC 1396n, if a person
5discontinues participation in the program, a medical assistance recipient may
6participate in the program in place of the participant who discontinues if that
7recipient meets the level of care requirements for medical assistance reimbursement
8in a skilled nursing facility or intermediate care facility, except that the number of
9participants may not exceed the number of nursing home beds, other than beds
10specified in sub. (5g) (b), that are delicensed as part of a plan submitted by the facility
11and approved by the department.

AB150,882,1913 46.277 (5) (d) 3. If subd. 2. a. or b. applies, no county may use funds received
14under this section to pay for services provided to a person who resides or intends to
15reside in a community-based residential facility and who is initially applying for the
16services, if the projected cost of services for the person, plus the cost of services for
17existing participants, would cause the county to exceed the limitation under sub. (3)
18(c). The department may grant an exception to the requirement under this
19subdivision, under the conditions specified by rule, to avoid hardship to the person.

AB150,883,321 46.277 (5) (e) A county may use funds received under this subsection to provide
22supportive, personal or nursing services, as defined in rules promulgated under s.
2349.45 (2) (a) 23., to a person who resides in an assisted living facility, as defined in

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1s. 50.01 (1d). Funding of the services may not exceed 85% of the statewide rate for
2reimbursement under s. 49.45 (6m), as determined by the department under s. 49.45
3(6m) (L).

AB150,883,145 46.277 (5d) Waiver amendment. (a) The department shall request from the
6secretary of the federal department of health and human services an amendment to
7the waiver specified in sub. (2) to allow the department to receive federal financial
8participation to continue to provide, notwithstanding sub. (5g) (c), home or
9community-based services that substitute for the benefit under s. 49.46 (2) (a) 4. a.
10or (b) 6. a. to an individual who is eligible for medical assistance only under s. 49.47;
11who was receiving the services, provided as a medical assistance benefit, on January
121, 1996; and who has continued to receive those services or the services, provided as
13a medical assistance benefit, that are described in s. 46.27 (11m), 46.275 (5g) or
1446.278 (6m) or specified in s. 49.46 (2) (a) 4. c. or (b) 6. a. since that date.

AB150,883,1715 (b) If the waiver amendment under par. (a) is granted and remains in effect,
16the department shall provide the services described in par. (a) to individuals covered
17by the waiver amendment, notwithstanding sub. (5g) (c).

AB150,883,1919 46.277 (5g) (title) Limitation Limitations on service.

AB150,884,222 46.277 (5g) (b) This section does not apply to the delicensure of a bed of an
23institution for mental diseases of an individual who is aged 21 to 64, who has a

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1primary diagnosis of mental illness and who otherwise meets the requirements of s.
246.266 (1) (a), (b) or (c).

AB150,884,64 46.277 (5g) (c) The department may not provide under this section home or
5community-based services that substitute for the benefit under s. 49.46 (2) (a) 4. a.
6or (b) 6. a. for persons who are eligible for medical assistance only under s. 49.47.

AB150,884,108 46.277 (5r) Rule making. The department shall promulgate rules that specify
9conditions of hardship under which the department may grant an exception to the
10requirement of sub. (5) (d) 3.

AB150,884,2212 46.278 (1) Legislative intent. The intent of the program under this section,
13except as provided in sub. (6m), is to provide home or community-based care to serve
14in a noninstitutional community setting a person who meets eligibility requirements
15under 42 USC 1396n (c) and who is diagnosed as developmentally disabled under the
16definition specified in s. 51.01 (5) and relocated from an institution other than a state
17center for the developmentally disabled or who meets the intermediate care facility
18for the mentally retarded level of care requirements for medical assistance
19reimbursement in an intermediate care facility for the mentally retarded and is
20ineligible for services under s. 46.275 or 46.277. The intent of the program is also that
21counties use all existing services for providing care under this section, including
22those services currently provided by counties.

AB150,885,2

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146.278 (1m) (b) "Medical assistance" means aid provided under ss. 49.43 to
249.47 subch. IV of ch. 49, except s. 49.468.

AB150,885,114 46.278 (2) (a) The department may request a waiver from the secretary of the
5federal department of health and human services, under 42 USC 1396n (c),
6authorizing the department to serve medical assistance recipients, who meet the
7level of care requirements for medical assistance reimbursement in an intermediate
8care facility for the mentally retarded, in their communities by providing home or
9community-based services as part of medical assistance, except as provided in sub.
10(6m). If the department requests a waiver, it shall include all assurances required
11under 42 USC 1396n (c) (2) in its request.

AB150,885,2013 46.278 (5) (a) Any medical assistance recipient who meets the level of care
14requirements for medical assistance reimbursement in an intermediate care facility
15for the mentally retarded and is ineligible for service under s. 46.275 or 46.277 is
16eligible to participate in the program, except that the number of participants may not
17exceed the number approved under the waiver received under sub. (3) and except
18that sub. (6m) applies. Such a recipient may apply, or any person may apply on behalf
19of such a recipient, for participation in the program. Section 46.275 (4) (b) applies
20to participation in the program.

AB150,886,222 46.278 (6) (e) The department may provide enhanced reimbursement for
23services under the program for an individual who was relocated to the community
24by a county department from an intermediate care facility for the mentally retarded

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1that closes under s. 50.03 (14). The enhanced reimbursement rate under this
2paragraph shall be determined under a formula that is developed by the department.

AB150,886,134 46.278 (6d) Waiver amendment. (a) The department shall request from the
5secretary of the federal department of health and human services an amendment to
6the waiver specified in sub. (2) to allow the department to receive federal financial
7participation to continue to provide, notwithstanding sub. (6m), home or
8community-based services that substitute for the benefit under s. 49.46 (2) (a) 4. a.
9or (b) 6. a. to an individual who is eligible for medical assistance only under s. 49.47;
10who was receiving the services, provided as a medical assistance benefit, on January
111, 1996; and who has continued to receive those services or the services, provided as
12a medical assistance benefit, that are described in s. 46.27 (11m), 46.275 (5g) or
1346.277 (5g) (c) or specified in s. 49.46 (2) (a) 4. c. or (b) 6. a. since that date.

AB150,886,1614 (b) If the waiver amendment under par. (a) is granted and remains in effect,
15the department shall provide the services described in par. (a) to individuals covered
16by the waiver amendment, notwithstanding sub. (6m).

AB150,886,2118 46.278 (6m) Limitation. The department may not provide under this section
19home or community-based services that substitute for the benefit under s. 49.46 (2)
20(a) 4. a. or (b) 6. a. for persons who are eligible for medical assistance only under s.
2149.47.

AB150,887,223 46.29 (1) (intro.)  From the appropriation under s. 20.435 (6) (d), the
24department shall allocate up to $12,000 $10,000 in each fiscal year for operation of

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1the council on physical disabilities. The council on physical disabilities shall do all
2of the following:

AB150,887,4 446.293 (title) Specialized programs for the blind and visually impaired.

AB150,887,6 646.295 (title) Interpreters for the hearing-impaired.

AB150,887,98 46.30 (3) (a) 1. Administer funds received from the department under sub. (4)
9and funds from other sources provided to support a community action program.

AB150,887,1411 46.30 (4) (a) The department shall allocate distribute the federal community
12services block grant funds received under 42 USC 9903 and deposited in the
13appropriations under s. 20.435 (4) (mc) and (md) (6) (mc) and (7) (md) and the state
14supplement under s. 20.435 (4) (cr) (7) (cr) as provided in this subsection.

AB150,887,2317 46.30 (4) (cm) 1. The department shall allocate distribute all of the funds under
18s. 20.435 (4) (cr) (7) (cr) to community action agencies and organizations, including
19any of the 11 federally recognized tribal governing bodies in this state and
20limited-purpose agencies, in proportion to the share of funds actually allocated to
21these entities under 42 USC 1315 and from other federal and private foundation
22sources that provide funds for job creation and development for individuals with low
23incomes.

AB150,888,2

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146.30 (4) (cm) 2. The department may contract with the department of
2industry, labor and human relations to distribute the funds under this paragraph.

AB150,888,74 46.30 (4) (d) Before January 1 of each year the department or, if par. (cm) 2.
5applies, the department of industry, labor and human relations shall contract with
6each agency and organization being funded, specifying the amount of money the
7organization will receive and the activities to be carried out by the organization.

AB150,888,1111 46.40 (1) (title) Distribution limits General community aids allocation.

AB150,888,2214 46.40 (1) (a) Within the limits of available federal funds and of the
15appropriations under s. 20.435 (7) (b) and (o), the department shall distribute funds
16not more than $319,596,600 in fiscal year 1995-96 and not more than $319,337,700
17in fiscal year 1996-97 for community social, mental health, developmental
18disabilities and alcohol and other drug abuse services and for services under ss.
1946.51, 46.87, 46.98 (2m), (3) and (4g), 46.985 and 51.421 to county departments
20under ss. 46.215, 46.22, 46.23, 51.42 and 51.437, to county aging units and to private
21nonprofit organizations as authorized under s. 46.98 (2) (a), as provided in subs. (2)
22to (12).

AB150,889,62 46.40 (2m) Categorical community aids allocations. (a) Prevention and
3treatment of substance abuse. For prevention and treatment of substance abuse
4under 42 USC 300x-21 to 300x-35, the department shall distribute not more than
5$11,037,600 in fiscal year 1995-96 and not more than $11,235,600 in fiscal year
61996-97.

AB150,889,107 (b) Community mental health services. For community mental health services
8under 42 USC 300x to 300x-9, the department shall distribute not more than
9$3,540,400 in fiscal year 1995-96 and not more than $3,540,400 in fiscal year
101996-97.

AB150,889,1311 (c) Child care services. For child care services under 42 USC 603 (n) and 42 USC
129858, the department shall distribute not more than $15,828,000 in fiscal year
131995-96 and not more than $15,928,700 in fiscal year 1996-97.

AB150,889,2219 46.40 (1) (b) Notwithstanding s. 46.49, if the department receives any federal
20moneys under 42 USC 670 to 679a in reimbursement of moneys allocated under sub.
21(1) par. (a) for the provision of foster care, the department shall distribute those
22federal moneys for services and projects to assist children and families.

AB150,890,94 46.40 (4m) County community aids budgets. Before October 1 of each year,
5each county department under ss. 46.215, 46.22, 46.23, 51.442 and 51.437 and each
6tribal governing body shall submit to the department a proposed budget for the
7expenditure of funds allocated under this section. The proposed budget shall be
8submitted on a form developed by the department and approved by the department
9of administration.