Wisconsin Legislative Council
ACT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Prepared by: Kelly McGraw, Staff Attorney January 2, 2024
2023 Wisconsin Act 68
[2023 Senate Bill 248]
County of Residence for Care
Management Organization
Facility Placements
2023 Wisconsin Act 68 specifies that when a care management organization places or arranges for
placement of an individual into a facility, the individual remains a resident of the county in which the
individual resided immediately before the individual’s initial placement.
BACKGROUND
Wisconsin state agencies and local units of government provide programs to meet the needs of adults
with intellectual or developmental disabilities, some of which offer health and long-term support
services in community settings. Generally, the county has the primary responsibility for the well-being,
treatment and care of the mentally ill, developmentally disabled, and drug dependent citizens residing
within the county and for ensuring that those individuals in need of such emergency services receive
them.
Wisconsin law generally provides that the county of residence of an individual aged 18 or older with
developmental disability or serious and persistent mental illness, degenerative brain disorder, or other
like incapacity who is residing in a facility is the county of responsibility for the individual. A county of
responsibility means the county responsible for funding the provision of care, treatment, or services to
an individual under certain Wisconsin laws.
Except for certain emergency services or placement, if a county department or an agency of a county
department places or arranges for placement of an individual into a facility, the individual is a resident
of the county of that county department. Placement of an individual by a county department or an
agency of a county department in a facility outside the jurisdiction of the county department or agency
does not transfer the individual’s legal residence to the county in which the facility is located.
2023 WISCONSIN ACT 68
2023 Wisconsin Act 68 specifies that when a care management organization places or arranges for
placement of an individual into a facility, the individual remains a resident of the county in which the
individual resided immediately before the individual’s initial placement. A care management
organization means a managed care organization that is under contract with the Department of Health
Services to provide the Family Care benefit, the Family Care Partnership benefit, or the benefit under
the program of all-inclusive care for the elderly under federal law.
Effective date: December 8, 2023
For a full history of the bill, visit the Legislature’s bill history page.
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