Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB248 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	Date of enactment:
2		-	2023 Senate Bill 248 Date of publication*:
3		-	2023 WISCONSIN ACT
4		-	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
5		-	care management organization facility placements.
6		-	The people of the state of Wisconsin, represented in
7		-	senate and assembly, do enact as follows:
8		-	SECTION 1. 51.40 (1) (cm) of the statutes is created
9		-	to read:
10		-	51.40 (1) (cm) “Care management organization”
11		-	means a managed care organization that is under contract
12		-	with the department to provide the Family Care benefit
13		-	under s. 46.286, the Family Care Partnership benefit
14		-	described under s. 49.496 (1) (bk) 3., or the benefit under
15		-	the program of all−inclusive care for the elderly under 42
16		-	USC 1395eee or 1396u−4.
17		-	SECTION 2. 51.40 (2) (a) 2. of the statutes is amended
18		-	to read:
19		-	51.40 (2) (a) 2. ‘Placement by a county or care man-
20		-	agement organization.’ Except for the provision of emer-
21		-	gency services under s. 51.15, 51.42 (1) (b), 51.437 (4)
22		-	(c), or 51.45 (11) and (12), emergency protective services
23		-	under s. 55.13, or emergency protective placement under
24		-	s. 55.135, if a county department or, an agency of a
25		-	county department, or a care management organization
26		-	places or makes arrangements for placement of the indi-
27		-	vidual into a facility, the individual is remains a resident
28		-	of the county of that county department in which the indi-
29		-	vidual resided immediately before the individual’s initial
30		-	placement. Any agency of the county department is
31		-	deemed to be acting on behalf of the county department
32		-	in placing or making arrangements for placement. Place-
33		-	ment of an individual by a county department or, an
34		-	agency of a county department, or a care management
35		-	organization in a facility outside the jurisdiction of the
36		-	county department or, agency, or care management orga-
37		-	nization does not transfer the individual’s legal residence
38		-	to the county in which the facility is located. If a resident
39		-	of a county is physically present in another county and is
40		-	in need of immediate care, the county in which the indi-
41		-	vidual is present may provide for his or her immediate
42		-	needs under s. 51.15, 51.20, 51.42 (1) (b), 51.437 (4) (c),
43		-	or 51.45 (11) or (12), or ch. 54 or 55, without becoming
44		-	the individual’s county of residence.
45		-	* 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
46		-	partial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”
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	3	+	2023 - 2024 LEGISLATURE
	4	+	2023 SENATE BILL 248
	5	+	April 20, 2023 - Introduced by Senator BALLWEG, cosponsored by Representatives
	6	+	ROZAR, SCHUTT, ARMSTRONG, BEHNKE, BINSFELD, DITTRICH, KRUG, MURSAU and
	7	+	O'CONNOR. Referred to Committee on Mental Health, Substance Abuse
	8	+	Prevention, Children and Families.
	9	+	AN ACT to amend 51.40 (2) (a) 2.; and to create 51.40 (1) (cm) of the statutes;
	10	+	relating to: county of residence for care management organization facility
	11	+	placements.
	12	+	Analysis by the Legislative Reference Bureau
	13	+	Under current law, counties are responsible for paying for the care, treatment,
	14	+	and services of individuals in certain facilities. Current law specifies that the county
	15	+	responsible for paying is the county of residence. For an individual who is placed in
	16	+	a facility by a county department or agency, current law designates the county of
	17	+	residence as the county of the county department or agency making that placement
	18	+	and not the county in which the facility is located. Under this bill, the county of
	19	+	residence for an individual who is placed by a county department, agency of a county
	20	+	department, or care management organization remains the county in which the
	21	+	individual resided immediately before the placement. A care management
	22	+	organization is an organization under contract with the Department of Health
	23	+	Services to provide the Family Care benefit, Family Care Partnership benefit, or the
	24	+	benefit under the Program of All-Inclusive Care for the Elderly (PACE) through a
	25	+	managed care model. Family Care is a long-term care program, and the Family Care
	26	+	Partnership and PACE programs provide long-term care integrated with health
	27	+	benefits.
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	32	+	SENATE BILL 248
	33	+	For further information see the state and local fiscal estimate, which will be
	34	+	printed as an appendix to this bill.
	35	+	The people of the state of Wisconsin, represented in senate and assembly, do
	36	+	enact as follows:
	37	+	SECTION 1. 51.40 (1) (cm) of the statutes is created to read:
	38	+	51.40 (1) (cm) “Care management organization” means a managed care
	39	+	organization that is under contract with the department to provide the Family Care
	40	+	benefit under s. 46.286, the Family Care Partnership benefit described under s.
	41	+	49.496 (1) (bk) 3., or the benefit under the program of all-inclusive care for the elderly
	42	+	under 42 USC 1395eee or 1396u-4.
	43	+	SECTION 2. 51.40 (2) (a) 2. of the statutes is amended to read:
	44	+	51.40 (2) (a) 2. `Placement by a county or care management organization.'
	45	+	Except for the provision of emergency services under s. 51.15, 51.42 (1) (b), 51.437
	46	+	(4) (c), or 51.45 (11) and (12), emergency protective services under s. 55.13, or
	47	+	emergency protective placement under s. 55.135, if a county department or, an
	48	+	agency of a county department, or a care management organization places or makes
	49	+	arrangements for placement of the individual into a facility, the individual is
	50	+	remains a resident of the county of that county department in which the individual
	51	+	resided immediately before the individual's initial placement. Any agency of the
	52	+	county department is deemed to be acting on behalf of the county department in
	53	+	placing or making arrangements for placement. Placement of an individual by a
	54	+	county department or, an agency of a county department, or a care management
	55	+	organization in a facility outside the jurisdiction of the county department or, agency,
	56	+	or care management organization does not transfer the individual's legal residence
	57	+	to the county in which the facility is located. If a resident of a county is physically
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	81	+	SECTION 2
	82	+	SENATE BILL 248
	83	+	present in another county and is in need of immediate care, the county in which the
	84	+	individual is present may provide for his or her immediate needs under s. 51.15,
	85	+	51.20, 51.42 (1) (b), 51.437 (4) (c), or 51.45 (11) or (12), or ch. 54 or 55, without
	86	+	becoming the individual's county of residence.
	87	+	(END)
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