Date of enactment: December 6, 2023
2023 Senate Bill 248 Date of publication*: December 7, 2023
2023 WISCONSIN ACT 68
AN ACT to amend 51.40 (2) (a) 2.; and to create 51.40 (1) (cm) of the statutes; relating to: county of residence for
care management organization facility placements.
The people of the state of Wisconsin, represented in
senate and assembly, do enact as follows:
SECTION 1. 51.40 (1) (cm) of the statutes is created
to read:
51.40 (1) (cm) “Care management organization”
means a managed care organization that is under contract
with the department to provide the Family Care benefit
under s. 46.286, the Family Care Partnership benefit
described under s. 49.496 (1) (bk) 3., or the benefit under
the program of all−inclusive care for the elderly under 42
USC 1395eee or 1396u−4.
SECTION 2. 51.40 (2) (a) 2. of the statutes is amended
to read:
51.40 (2) (a) 2. ‘Placement by a county or care man-
agement organization.’ Except for the provision of emer-
gency services under s. 51.15, 51.42 (1) (b), 51.437 (4)
(c), or 51.45 (11) and (12), emergency protective services
under s. 55.13, or emergency protective placement under
s. 55.135, if a county department or, an agency of a
county department, or a care management organization
places or makes arrangements for placement of the indi-
vidual into a facility, the individual is remains a resident
of the county of that county department in which the indi-
vidual resided immediately before the individual’s initial
placement. Any agency of the county department is
deemed to be acting on behalf of the county department
in placing or making arrangements for placement. Place-
ment of an individual by a county department or, an
agency of a county department, or a care management
organization in a facility outside the jurisdiction of the
county department or, agency, or care management orga-
nization does not transfer the individual’s legal residence
to the county in which the facility is located. If a resident
of a county is physically present in another county and is
in need of immediate care, the county in which the indi-
vidual is present may provide for his or her immediate
needs under s. 51.15, 51.20, 51.42 (1) (b), 51.437 (4) (c),
or 51.45 (11) or (12), or ch. 54 or 55, without becoming
the individual’s county of residence.
* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’s
partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”