Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB242 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	LRB-1670/1
2	2	JPC:cjs
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 242
5	5	April 28, 2023 - Introduced by Representatives ROZAR, SCHUTT, ARMSTRONG,
6	6	BEHNKE, BINSFELD, DITTRICH, KRUG, MURSAU and O'CONNOR, cosponsored by
7	7	Senator BALLWEG. Referred to Committee on Health, Aging and Long-Term
8	8	Care.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 51.40 (2) (a) 2.; and to create 51.40 (1) (cm) of the statutes;
11	11	relating to: county of residence for care management organization facility
12	12	placements.
13	13	Analysis by the Legislative Reference Bureau
14	14	Under current law, counties are responsible for paying for the care, treatment,
15	15	and services of individuals in certain facilities. Current law specifies that the county
16	16	responsible for paying is the county of residence. For an individual who is placed in
17	17	a facility by a county department or agency, current law designates the county of
18	18	residence as the county of the county department or agency making that placement
19	19	and not the county in which the facility is located. Under this bill, the county of
20	20	residence for an individual who is placed by a county department, agency of a county
21	21	department, or care management organization remains the county in which the
22	22	individual resided immediately before the placement. A care management
23	23	organization is an organization under contract with the Department of Health
24	24	Services to provide the Family Care benefit, Family Care Partnership benefit, or the
25	25	benefit under the Program of All-Inclusive Care for the Elderly (PACE) through a
26	26	managed care model. Family Care is a long-term care program, and the Family Care
27	27	Partnership and PACE programs provide long-term care integrated with health
28	28	benefits.
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31	31	3 - 2 -2023 - 2024 Legislature LRB-1670/1
32	32	JPC:cjs
33	33	ASSEMBLY BILL 242
34	34	For further information see the state and local fiscal estimate, which will be
35	35	printed as an appendix to this bill.
36	36	The people of the state of Wisconsin, represented in senate and assembly, do
37	37	enact as follows:
38	38	SECTION 1. 51.40 (1) (cm) of the statutes is created to read:
39	39	51.40 (1) (cm) “Care management organization” means a managed care
40	40	organization that is under contract with the department to provide the Family Care
41	41	benefit under s. 46.286, the Family Care Partnership benefit described under s.
42	42	49.496 (1) (bk) 3., or the benefit under the program of all-inclusive care for the elderly
43	43	under 42 USC 1395eee or 1396u-4.
44	44	SECTION 2. 51.40 (2) (a) 2. of the statutes is amended to read:
45	45	51.40 (2) (a) 2. `Placement by a county or care management organization.'
46	46	Except for the provision of emergency services under s. 51.15, 51.42 (1) (b), 51.437
47	47	(4) (c), or 51.45 (11) and (12), emergency protective services under s. 55.13, or
48	48	emergency protective placement under s. 55.135, if a county department or, an
49	49	agency of a county department, or a care management organization places or makes
50	50	arrangements for placement of the individual into a facility, the individual is
51	51	remains a resident of the county of that county department in which the individual
52	52	resided immediately before the individual's initial placement. Any agency of the
53	53	county department is deemed to be acting on behalf of the county department in
54	54	placing or making arrangements for placement. Placement of an individual by a
55	55	county department or, an agency of a county department, or a care management
56	56	organization in a facility outside the jurisdiction of the county department or, agency,
57	57	or care management organization does not transfer the individual's legal residence
58	58	to the county in which the facility is located. If a resident of a county is physically
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79	79	21 - 3 -2023 - 2024 Legislature
80	80	LRB-1670/1
81	81	JPC:cjs
82	82	SECTION 2
83	83	ASSEMBLY BILL 242
84	84	present in another county and is in need of immediate care, the county in which the
85	85	individual is present may provide for his or her immediate needs under s. 51.15,
86	86	51.20, 51.42 (1) (b), 51.437 (4) (c), or 51.45 (11) or (12), or ch. 54 or 55, without
87	87	becoming the individual's county of residence.
88	88	(END)
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