46.272 Children’s community options program.

524 words·~2 min read·/wi/chapter-46/46-272

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Child” means a person under 22 years of age who is not eligible to receive services in or on a waiting list for an adult long-term care program.

(b)“Disability” means a severe physical, developmental, or emotional impairment which is diagnosed medically, behaviorally, or psychologically, which is characterized by the need for individually planned and coordinated care, treatment, vocational rehabilitation, or other services and which has resulted or is likely to result in substantial limitation on the ability to function in at least 2 of the following areas, equivalent to nursing home, hospital, or institution for mental disease level of care:

1. Self-care.

2. Receptive and expressive language.

3. Learning.

4. Mobility.

5. Self-direction.

(c)“Hospital” has the meaning provided in s. 50.33

(2).

(d)“Institutional setting” means a nursing home, as defined in s. 50.01

(3), a state-operated long-term care facility, or any other residential facility that provides long-term care to children outside of a home.

(e)“Residence” means the voluntary concurrence of physical presence with intent to remain in a place of fixed habitation. Physical presence shall be prima facie evidence of intent to remain.

(f)“State-operated long-term care facility” means a state center for the developmentally disabled and a Wisconsin veterans home operated by the department of veterans affairs under s. 45.50 .

(g)“Voluntary” means according to an individual’s free choice, if competent, or by choice of his or her parent or guardian, if the individual is adjudicated incompetent or is a minor.

(2)Departmental duties. The department shall do all of the following to establish a children’s community options program:

(a)Review and approve or disapprove the selection of a county department to administer the children’s community options program.

(b)In consultation with representatives of counties; programs that provide community-based services to children or families, other publicly funded programs, and the social services, mental health, and developmental disabilities programs under ss. 46.495 , 51.42 , and 51.437 ; the independent living center program under s. 46.96 ; and the Medical Assistance program under subch. IV of ch. 49 ; and with recipients of children’s community support services, develop guidelines for implementing the program and criteria for reviewing community options plans from counties participating in the program under this section. The guidelines and criteria shall address cost-effectiveness, scope, feasibility and impact on the quality and appropriateness of health services and social services and shall provide counties with maximum flexibility to develop programs that address local needs.

(c)Review and approve or disapprove the community options plan of each county participating in the children’s community options program.

(d)Require that a county, by use of a form provided by the department or other appropriate procedure, ensure that persons receiving services under this section meet the eligibility requirements for the children’s community options program.

(e)Periodically monitor the implementation of the children’s community options program.

(f)Review and approve or disapprove the terms of risk reserve escrow accounts created under sub.

(f)and approve or disapprove disbursements for administrative or staff costs from the risk reserve escrow accounts.