2009 WISCONSIN ACT
247
An Act
to amend
46.2805 (6r), 46.2805 (7), 46.281 (1n) (e), 46.283 (4) (e) and 46.283 (4) (f); and
to create
46.2805 (10m) of the statutes;
relating to:
requiring an aging and disability resource center to perform a financial screening for, provide information to, and assist individuals choosing to participate in the self-directed services option (suggested as remedial legislation by the Department of Health Services).
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
46.2805 (6r) of the statutes is amended to read:
46.2805
(6r)
"Financial and cost-sharing screening" means a screening to determine financial eligibility under s. 46.286 (1) (b)
or the self-directed services option
and cost-sharing under s. 46.286 (2) using a uniform tool prescribed by the department.
Section
2
.
46.2805 (7) of the statutes is amended to read:
46.2805
(7)
"Functional screening" means a screening to determine functional eligibility under s. 46.286 (1) (a)
or the self-directed services option
using a uniform tool prescribed by the department.
Section
3
.
46.2805 (10m) of the statutes is created to read:
46.2805
(10m)
"Self-directed services option" means the program that is operated under a waiver from the secretary of the federal department of health and human services under
42 USC 1396n
(c) in which an enrolled individual selects his or her own services and service providers.
46.281
(1n)
(e) Contract with a person to provide the advocacy services described under s. 16.009 (2) (p) 1. to 5. to actual or potential recipients of the family care benefit who are under age 60 or to their families or guardians. The department may not contract under this paragraph with a county or with a person who has a contract with the department to provide services under s. 46.283 (3) and (4) as a resource center or to administer the family care benefit as a care management organization. The contract under this paragraph shall include as a goal that the provider of advocacy services provide one advocate for every 2,500 individuals under age 60 who receive the family care benefit or who participates in the self-directed services option
, which is operated under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c)
.
46.283
(4)
(e) Provide information about the services of the resource center, including the services specified in sub. (3) (d), about assessments under s. 46.284 (4) (b) and care plans under s. 46.284 (4) (c), and about the family care benefit
and the self-directed services option
to all older persons and
persons
adults
with a physical
or developmental
disability who are residents of nursing homes, community-based residential facilities, adult family homes, as defined in s. 50.01 (1) (a) or (b), and residential care apartment complexes in the area of the resource center
when the benefit under s. 46.286 first becomes available in the county where the nursing home, community-based residential facility, adult family home, or residential care apartment complex is located
.
Section
6
.
46.283 (4) (f) of the statutes is amended to read:
46.283
(4)
(f) Perform a functional screening and a financial and cost-sharing screening for any resident, as specified in par. (e), who requests a screening and assist any resident who is eligible and chooses to enroll in a care management organization
or the self-directed services option
to do so.