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

Statutes affected:
Bill Text: 51.40(2)(a)2, 51.40