The term "nonprofit corporation" means a nonstock corporation that is organized under ch. 181
and that is a nonprofit corporation, as defined in s. 181.0103 (17)
The department shall have and may exercise the powers and duties provided in this section.
In order to provide new buildings and to enable the construction and financing thereof, to refinance indebtedness hereafter created by a nonprofit corporation for the purpose of providing a new building or buildings or additions or improvements thereto which are located on land owned by, or owned by the state and held for, the department or on lands of the institutions under the jurisdiction of the department or by the nonprofit corporation, or for any one or more of said purposes, but for no other purpose unless authorized by law, the department has the following powers and duties:
Without limitation by reason of any other provisions of the statutes, the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings thereon owned by, or owned by the state and held for, the department or of any of the institutions under the jurisdiction of the department for such consideration and upon such terms and conditions as in the judgment of the secretary are in the public interest.
The power to lease to a nonprofit corporation for a term or terms not exceeding 50 years each any land and any existing buildings thereon owned by, or owned by the state and held for, the department or of any of the institutions under the jurisdiction of the department upon such terms and conditions as in the judgment of the secretary are in the public interest.
The power to lease or sublease from such nonprofit corporation, and to make available for public use, any such land and existing buildings conveyed or leased to such nonprofit corporation under subds. 1.
, and any new buildings erected upon such land or upon any other land owned by such nonprofit corporation, upon such terms, conditions and rentals, subject to available appropriations, as in the judgment of the secretary are in the public interest. With respect to any property conveyed to such nonprofit corporation under subd. 1.
, such lease from such nonprofit corporation may be subject or subordinated to one or more mortgages of such property granted by such nonprofit corporation.
The duty to submit the plans and specifications for all such new buildings and all conveyances, leases and subleases made under this section to the department of administration and the governor for written approval before they are finally adopted, executed and delivered.
The power to pledge and assign all or any part of the revenues derived from the operation of such new buildings as security for the payment of rentals due and to become due under any lease or sublease of such new buildings under subd. 3.
The power to covenant and agree in any lease or sublease of such new buildings made under subd. 3.
to impose fees, rentals or other charges for the use and occupancy or other operation of such new buildings in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under such lease or sublease.
The power to apply all or any part of the revenues derived from the operation of existing buildings to the payment of rentals due and to become due under any lease or sublease made under subd. 3.
The power to pledge and assign all or any part of the revenues derived from the operation of existing buildings to the payment of rentals due and to become due under any lease or sublease made under subd. 3.
The power to covenant and agree in any lease or sublease made under subd. 3.
to impose fees, rentals or other charges for the use and occupancy or other operation of existing buildings in an amount calculated to produce net revenues sufficient to pay the rentals due and to become due under such lease or sublease.
The power and duty, upon receipt of notice of any assignment by any such nonprofit corporation of any lease or sublease made under subd. 3.
, or of any of its rights under any such sublease, to recognize and give effect to such assignment, and to pay to the assignee thereof rentals or other payments then due or which may become due under any such lease or sublease which has been so assigned by such nonprofit corporation.
The state shall be liable for accrued rentals and for any other default under any lease or sublease made under par. (a) 3.
, and may be sued therefor on contract as in other contract actions pursuant to ch. 775
, except that it shall not be necessary for the lessor under any such lease or sublease or any assignee of such lessor or any person or other legal entity proceeding on behalf of such lessor to file any claim with the legislature prior to the commencement of any such action.
Nothing in this section empowers the secretary or the department to incur any state debt.
All conveyances, leases and subleases made pursuant to this section shall be made, executed and delivered in the name of the department and shall be signed by the secretary and sealed with the seal of the department.
All laws, except ch. 150
, conflicting with any provisions of this section, are, insofar as they conflict with this section and no further, superseded by this section.
Purchase of care and services. 46.036(1)
All care and services purchased by the department or by a county department under s. 46.215
, except as provided under subch. III of ch. 49
and s. 301.08 (2)
, shall be authorized and contracted for under the standards established under this section. The department may require the county departments to submit the contracts to the department for review and approval. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes or treatment foster homes that are required to be licensed under s. 48.62
. When the department directly contracts for services, it shall follow the procedures in this section in addition to meeting purchasing requirements established in s. 16.75
All care and services purchased shall meet standards established by the department and other requirements specified by purchaser in the contract. Based on these standards the department shall establish standards for cost accounting and management information systems that shall monitor the utilization of such services, and document the specific services in meeting the service plan for the client and the objective of the service.
Purchase of service contracts shall be written in accordance with rules promulgated and procedures established by the department. Contracts for client services shall show the total dollar amount to be purchased and for each service the number of clients to be served, number of client service units, the unit rate per client service and the total dollar amount for each service.
Payments under a contract may be made on the basis of actual allowable costs or on the basis of a unit rate per client service multiplied by the actual client units furnished each month. The contract may be renegotiated when units vary from the contracted number. The purchaser shall determine actual marginal costs for each service unit less than or in addition to the contracted number.
For proprietary agencies, contracts may include a percentage add-on for profit according to rules promulgated by the department.
Reimbursement to an agency may be based on total costs agreed to by the parties regardless of the actual number of service units to be furnished, when the agency is entering into a contract for a new or expanded service that the purchaser recognizes will require a start-up period not to exceed 180 days. Such reimbursement applies only if identified client needs necessitate the establishment of a new service or expansion of an existing service.
If the purchaser finds it necessary to terminate a contract prior to the contract expiration date for reasons other than nonperformance by the provider, actual cost incurred by the provider may be reimbursed for an amount determined by mutual agreement of the parties.
Advance payments of up to one-twelfth of an annual contract may be allowed under the contract. If the advance payment exceeds $10,000, the provider shall supply a surety bond for an amount equal to the amount of the advance payment applied for. No surety bond is required if the provider is a state agency. The cost of the surety bond shall be allowable as an expense.
Notwithstanding pars. (b)
, if a county has an existing system, approved by the department, to monitor and assess the outcomes of a contract and if the county is so authorized by the department, the county may contract with providers to pay in advance or after provision of services a fixed amount for each person served by the provider in return for a defined set of expected outcomes that are determined by the county.
For purposes of this section and as a condition of reimbursement, each provider under contract shall:
Except as provided in this paragraph, maintain a uniform double entry accounting system and a management information system which are compatible with cost accounting and control systems prescribed by the department. The department shall establish a simplified double entry bookkeeping system for use by family-operated group homes. Each purchaser shall determine whether a family-operated group home from which it purchases services shall use the double entry accounting system or the simplified system and shall include this determination in the purchase of service contract. In this paragraph, "family-operated group home" means a group home licensed under s. 48.66 (1)
for which the licensee is one or more individuals who operate not more than one group home.
Cooperate with the department and purchaser in establishing costs for reimbursement purposes.
Unless waived by the department, biennially, or annually if required under federal law, provide the purchaser with a certified financial and compliance audit report if the care and services purchased exceed $25,000. The audit shall follow standards that the department prescribes. A purchaser may waive the requirements of this paragraph for any family-operated group home, as defined under par. (a)
, from which it purchases services.
Transfer a client from one category of care or service to another only with the approval of the purchaser.
Charge a uniform schedule of fees as defined under s. 46.03 (18)
unless waived by the purchaser with approval of the department. Whenever providers recover funds attributed to the client, such funds shall offset the amount paid under the contract.
Except as provided under sub. (5m)
, the purchaser shall recover from provider agencies money paid in excess of the conditions of the contract from subsequent payments made to the provider.
"Provider" means a nonstock corporation organized under ch. 181
that is a nonprofit corporation, as defined in s. 181.0103 (17)
, and that contracts under this section to provide client services on the basis of a unit rate per client service.
"Rate-based service" means a service or a group of services, as determined by the department, that is reimbursed through a prospectively set rate and that is distinguishable from other services or groups of services by the purpose for which funds are provided for that service or group of services and by the source of funding for that service or group of services.
Subject to subds. 2.
, if revenue under a contract for the provision of a rate-based service exceeds allowable costs incurred in the contract period, the provider may retain from the surplus generated by that rate-based service up to 5% of the contract amount. A provider that retains a surplus under this subdivision shall use that retained surplus to cover a deficit between revenue and allowable costs incurred in any preceding or future contract period for the same rate-based service that generated the surplus or to address the programmatic needs of clients served by the same rate-based service that generated the surplus.
Subject to subd. 3.
, a provider may accumulate funds from more than one contract period under this paragraph, except that, if at the end of a contract period the amount accumulated from all contract periods for a rate-based service exceeds 10% of the amount of all current contracts for that rate-based service, the provider shall, at the request of a purchaser, return to that purchaser the purchaser's proportional share of that excess and use any of that excess that is not returned to a purchaser to reduce the provider's unit rate per client for that rate-based service in the next contract period. If a provider has held for 4 consecutive contract periods an accumulated reserve for a rate-based service that is equal to or exceeds 10% of the amount of all current contracts for that rate-based service, the provider shall apply 50% of that accumulated amount to reducing its unit rate per client for that rate-based service in the next contract period.
If on December 31, 1995, the amount accumulated by a provider from all contract periods ending on or before that date for all rate-based services provided by the provider exceeds 10% of the provider's total contract amount for all rate-based services provided by the provider in 1995, the provider shall, at the request of a purchaser, return to that purchaser the purchaser's proportional share of that excess.
Notwithstanding this subsection, the department or a county department under s. 46.215
that purchases care and services from an inpatient alcohol and other drug abuse treatment program that is not affiliated with a hospital and that is licensed as a community-based residential facility, may allocate to the program an amount that is equal to the amount of revenues received by the program that are in excess of the allowable costs incurred in the period of a contract between the program and the department or the county department for purchase of care and services under this section. The department or the county department may make the allocation under this paragraph only if the funds so allocated do not reduce any amount of unencumbered state aid to the department or the county department that otherwise would lapse to the general fund.
All providers that are subject to this subsection shall comply with any financial reporting and auditing requirements that the department may prescribe. Those requirements shall include a requirement that a provider provide to any purchaser and the department any information that the department needs to claim federal reimbursement for the cost of any services purchased from the provider and a requirement that a provider provide audit reports to any purchaser and the department according to standards specified in the provider's contract and any other standards that the department may prescribe.
Contracts may be renegotiated by the purchaser under conditions specified in the contract.
The service provider under this section may appeal decisions of the purchaser in accordance with terms and conditions of the contract and ch. 68
History: 1973 c. 90
; 1975 c. 39
; 1975 c. 198
; 1977 c. 29
; 1981 c. 20
; 1983 a. 27
; 1985 a. 176
; 1985 a. 332
s. 251 (3)
; 1987 a. 27
; 1987 a. 161
; 1989 a. 31
; 1993 a. 375
; 1995 a. 27
; 1997 a. 27
Rates for residential child care centers and group homes. 46.037(1)(1)
Subject to sub. (1m)
, each residential child care center and each group home, as defined in s. 48.02 (7)
, that is licensed under s. 48.625
and incorporated under ch. 180
shall establish a per client rate for its services and shall charge all purchasers the same rate.
Notwithstanding sub. (1)
, the department, a county department under s. 46.215
, a group of those county departments, or the department and one or more of those county departments, and a residential child care center or group home, as described in sub. (1)
, may negotiate a per client rate for the services of that residential child care center or group home, if the department, that county department, the county departments in that group of county departments, or the department and one or more of those county departments, agree to place 75% or more of the residents of that residential child care center or group home during the period for which that rate is effective. A residential child care center or group home that negotiates a per client rate under this subsection shall charge that rate to all purchasers of its services.
A residential child care center or a group home, as described in sub. (1)
, shall submit to the department the rate it charges and any change in that rate before a charge is made to any purchaser. The department shall provide forms and instructions for the submission of rates and changes in rates under this subsection and a residential child care center or a group home that is required to submit a rate or a change in a rate under this subsection shall submit that rate or change in a rate using those forms and instructions.
The department may require an audit of any residential child care center or group home, as described in sub. (1)
, for the purpose of collecting federal funds.
Anchorage program. 46.04(1)(1)
In this section:
"Adolescent" means an individual who is at least 12 years of age and under 18 years of age.
From the appropriations under s. 20.435 (2) (a)
, the department shall establish at the Winnebago mental health institute a program of inpatient assessment and treatment to be known as the "Anchorage program", which is designed primarily to meet the needs of adolescents who are drug dependent, who evidence drug-related behavior which may be dangerous to the adolescent or to others and who have a history of drug dependency and resistance to less restrictive forms of treatment, but which also may be used by the department to provide inpatient assessment and treatment of adolescents who have mental illness, who evidence mental illness-related behavior that may be dangerous to the adolescent or to others and who have a history of mental illness and resistance to less restrictive forms of treatment. A county department under s. 51.42
may refer an adolescent for assessment or treatment under this section and shall approve all admissions to the program under this section of adolescents committed under s. 51.20
or admitted under s. 51.13
. Transfers under s. 51.35 (3)
or 51.37 (5)
may also be made to the program under this section.
History: 1987 a. 96
; 1993 a. 16
Children's consultation service; establishment; purposes. 46.041(1)(1)
A program to be known as the "children's consultation service" shall be provided. The service shall be established at Mendota mental health institute or Winnebago mental health institute, or at both institutions. The service shall:
Provide for the temporary residence and evaluation of children referred from courts assigned to exercise jurisdiction under chs. 48
, the institutions and services under the jurisdiction of the department, University of Wisconsin Hospitals and Clinics Authority, county departments under s. 46.215
, private child welfare agencies, schools for the deaf and visually handicapped, and mental health facilities within the state at the discretion of the superintendent.
Promote the development of preventive mental health services to children in communities by participating in the training of mental health personnel, by demonstration of methods of evaluation, care and treatment, by assisting in the assessment of community services and the development of the most effective coordination between the institution and the community, and by offering services when community resources need to be supplemented.
Treatment program for emotionally disturbed children.
The department shall establish a program for the intensive treatment of emotionally disturbed children. The program shall be operated by Mendota mental health institute and be subject to all federal and state laws, rules and regulations which apply to the institute. Operational planning shall provide close interrelationship between the department and the university of Wisconsin medical school for conduct of educational and research programs.
History: 1975 c. 224
; 1977 c. 29
State psychiatric institute.
There is established the state psychiatric institute to be maintained as a department of the university of Wisconsin-Madison. The statutes relating to admission, commitment, placement, transfer, custody and discharge of mentally ill persons are applicable to the psychiatric institute.
History: 1975 c. 430
; 1977 c. 26
State-operated residential facilities and support services.
The department may establish and operate noninstitutional residential facilities for persons who are relocated from any center for the developmentally disabled, as defined in s. 51.01 (3)
, and may provide necessary support services for the persons.
History: 1993 a. 16
Central Wisconsin center for the developmentally disabled.
There is established a new institution to be located near the city of Madison and to be known as the central Wisconsin center for the developmentally disabled. The department, with the approval of the governor, is authorized to purchase lands for a suitable site and to erect and equip such buildings as it deems necessary from funds appropriated for the long-range building program. Such institution when constructed shall be maintained and operated by the department and all laws pertaining to the care of mentally deficient patients shall apply.
History: 1975 c. 189
s. 99 (2)
; 1975 c. 430
Wisconsin resource center. 46.056(1)
The department shall establish the Wisconsin resource center on the grounds of the Winnebago mental health institute near Oshkosh. Notwithstanding s. 301.03
, the department shall have responsibility for administering the center as a correctional institution that provides psychological evaluations, specialized learning programs, training and supervision for inmates whose behavior presents a serious problem to themselves or others in state prisons and whose mental health needs can be met at the center.
Notwithstanding sub. (1)
, the correctional officers providing security at the Wisconsin resource center are employes of the department of corrections.
History: 1981 c. 20
; 1989 a. 31
Rights and responsibilities of counties in prisoner transfers to Wisconsin resource center discussed. 71 Atty. Gen. 170
Mendota juvenile treatment center. 46.057(1)
The department shall establish, maintain and operate the Mendota juvenile treatment center on the grounds of the Mendota Mental Health Institute. The department may designate staff at the Mendota Mental Health Institute as responsible for administering, and providing services at, the center. Notwithstanding ss. 301.02
and 301.36 (1)
, the department shall operate the Mendota juvenile treatment center as a secured correctional facility, as defined in s. 938.02 (15m)
. The center shall not be considered a hospital, as defined in s. 50.33 (2)
, an inpatient facility, as defined in s. 51.01 (10)
, a state treatment facility, as defined in s. 51.01 (15)
, or a treatment facility, as defined in s. 51.01 (19)
. The center shall provide psychological and psychiatric evaluations and treatment for juveniles whose behavior presents a serious problem to themselves or others in other secured correctional facilities and whose mental health needs can be met at the center. With the approval of the department of health and family services, the department of corrections may transfer to the center any juvenile who has been placed in a secured correctional facility under the supervision of the department of corrections under s. 938.183
, 938.34 (4h)
or 938.357 (4)
or (5) (e)
in the same manner that the department of corrections transfers juveniles between other secured correctional facilities.
From the appropriation account under s. 20.410 (3) (hm)
, the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx)
$3,125,100 in fiscal year 1997-98 and $3,236,200 in fiscal year 1998-99 for services for juveniles placed at the Mendota juvenile treatment center. The department of health and family services may charge the department of corrections not more than the actual cost of providing those services.
History: 1995 a. 216
; 1997 a. 27
Bonds of employes; police powers; investigation of complaints. 46.058(1)(1)
The steward of each institution under the control of the department shall execute and file an official bond in such sum and with such sureties as the secretary prescribes. The steward shall also require any other officer or other person having the possession or custody of any money or property belonging to the state or any institution under its control or supervision to give an official bond, and from time to time renew the bond. The secretary may require a position bond whenever it appears advisable to him or her. The position bond shall have the same coverage as the official bond.
The superintendents of all institutions administered by the department and of all county hospitals and county homes, and the employes under them to whom they delegate police power, may arrest any person within or upon the grounds of such institutions whom they have reason to believe is guilty of any offense against the laws or regulations governing the institutions; and for that purpose they shall possess the powers of constables.
The department shall investigate complaints against any institution under its jurisdiction or against the officers or employes thereof. For that purpose the secretary and such officers and employes as the secretary authorizes may summon and swear witnesses, take testimony and compel the production of books and papers. The department may, on its own initiative, investigate the affairs of any institution. Any written communication or complaint addressed to the secretary by any inmate, employe or subordinate of any such institution shall be forthwith forwarded unopened to the addressee.
History: 1975 c. 39
; 1975 c. 199
; 1979 c. 221
; Stats. 1979 s. 46.058; 1989 a. 31
; 1993 a. 209