A nursing home or intermediate care facility for persons with 17mental retardation an intellectual disability
, whether or not the nursing home or 18
intermediate care facility is a certified provider of medical assistance, may not 19
employ or contract for the services of an individual as a feeding assistant, regardless 20
of the title under which the individual is employed or contracted for, unless the 21
individual has successfully completed a state-approved training and testing 22
program, as specified by the department by rule.
SB377, s. 42
Subchapter VIII (title) of chapter 150 [precedes 150.96] of the 24
statutes is amended to read:
FACILITIES for the intellectually
AND COMMUNITY MENTAL HEALTH4
SB377, s. 43
150.96 (2) of the statutes is amended to read:
"Facility for the mentally retarded individuals with an intellectual
" means a facility specially designed for the diagnosis, treatment, 8
education, training or custodial care of the mentally retarded individuals with an
; including facilities for training specialists and sheltered 10
workshops for the mentally retarded individuals with an intellectual disability
, but 11
only if such workshops are part of facilities which provide or will provide 12
comprehensive services for the mentally retarded
individuals with an intellectual
SB377, s. 44
150.96 (4) of the statutes is amended to read:
"Nonprofit facility for the mentally retarded individuals with an
", and "nonprofit community mental health center" mean, 17
respectively, a facility for the mentally retarded
individuals with an intellectual
, and a community mental health center which is owned and operated by 19
one or more nonprofit corporations or associations no part of the net earnings of 20
which inures, or may lawfully inure, to the benefit of any private shareholder or 21
SB377, s. 45
150.963 (title) of the statutes is amended to read:
(title) Construction of mental retardation facilities for the
24intellectually disabled and community mental health centers.
SB377, s. 46
150.963 (2) (a) of the statutes is amended to read:
(a) Making inventories of existing facilities, surveying the need for 2
construction for facilities for the mentally retarded
individuals with an intellectual
and community mental health centers, and developing programs of 4
SB377, s. 47
150.963 (2) (b) of the statutes is amended to read:
(b) Developing and administering a state plan for the construction 7
of public and other nonprofit facilities for the mentally retarded individuals with an
, and a state plan for the construction of public and other 9
nonprofit community mental health centers.
SB377, s. 48
150.965 of the statutes is amended to read:
11150.965 Construction programs.
The department is directed to develop 12
construction programs for facilities for the mentally retarded individuals with an
and community mental health centers for the mentally ill, 14
which shall be based respectively on statewide inventories of existing facilities for 15the mentally retarded individuals with an intellectual disability
and the mentally 16
ill and surveys of need, and which shall provide in accordance with regulations 17
prescribed under the federal act, for facilities which will provide adequate services 18
for the mentally retarded individuals with an intellectual disability
and adequate 19
community mental health services for the people residing in this state and for 20
furnishing needed services to persons unable to pay therefor.
SB377, s. 49
150.97 of the statutes is amended to read:
22150.97 Standards for maintenance and operation.
The department shall 23
by regulation prescribe, and shall be authorized to enforce, standards for the 24
maintenance and operation of facilities for the mentally retarded individuals with
1an intellectual disability
, and community mental health centers which receive 2
federal aid for construction under the state plans.
SB377, s. 50
150.975 of the statutes is amended to read:
Applications for mental retardation
5individuals with an intellectual disability
or community mental health center 6
construction projects for which federal funds are requested shall be submitted to the 7
department by the state, a political subdivision thereof or by a public or other 8
nonprofit agency. Each application for a construction project shall conform to federal 9
and state requirements.
SB377, s. 51
150.983 of the statutes is amended to read:
11150.983 Mental retardation facilities Facilities for individuals with an
12intellectual disability and community mental health centers construction
The department may receive federal funds in behalf of, and transmit them 14
to, applicants. In the general fund there is hereby established, separate and apart 15
from all public moneys of this state, a mental retardation an intellectual disability
facilities construction fund and a community mental health centers construction 17
fund. Money received from the federal government for a construction project under 18
this subchapter approved by the secretary shall be deposited to the credit of the 19
appropriate fund and shall be used solely for payments to applicants for work 20
performed, or purchases made, in carrying out the approved project.
SB377, s. 52
155.20 (2) (a) 2. of the statutes is amended to read:
(a) 2. An intermediate care facility for persons with mental
23retardation an intellectual disability
, as defined in s. 46.278 (1m) (am).
SB377, s. 53
155.30 (3) of the statutes is amended to read:
The department shall prepare and provide copies of a power of 2
attorney for health care instrument and accompanying information for distribution 3
in quantities to health care professionals, hospitals, nursing homes, multipurpose 4
senior centers, county clerks, and local bar associations and individually to private 5
persons. The department shall include, in information accompanying the copy of the 6
instrument, at least the statutory definitions of terms used in the instrument, 7
statutory restrictions on who may be witnesses to a valid instrument, a statement 8
explaining that valid witnesses acting in good faith are statutorily immune from civil 9
or criminal liability and a statement explaining that an instrument may, but need 10
not, be filed with the register in probate of the principal's county of residence. The 11
department may charge a reasonable fee for the cost of preparation and distribution. 12
The power of attorney for health care instrument distributed by the department 13
shall include the notice specified in sub. (1) and shall be in the following form:
POWER OF ATTORNEY FOR HEALTH CARE
Document made this.... day of.... (month),.... (year).
CREATION OF POWER OF ATTORNEY 17
FOR HEALTH CARE
I,.... (print name, address and date of birth), being of sound mind, intend by this 19
document to create a power of attorney for health care. My executing this power of 20
attorney for health care is voluntary. Despite the creation of this power of attorney 21
for health care, I expect to be fully informed about and allowed to participate in any 22
health care decision for me, to the extent that I am able. For the purposes of this 23
document, "health care decision" means an informed decision to accept, maintain, 24
discontinue or refuse any care, treatment, service or procedure to maintain, diagnose 25
or treat my physical or mental condition.
In addition, I may, by this document, specify my wishes with respect to making 2
an anatomical gift upon my death.
DESIGNATION OF HEALTH CARE AGENT
If I am no longer able to make health care decisions for myself, due to my 5
incapacity, I hereby designate.... (print name, address and telephone number) to be 6
my health care agent for the purpose of making health care decisions on my behalf. 7
If he or she is ever unable or unwilling to do so, I hereby designate.... (print name, 8
address and telephone number) to be my alternate health care agent for the purpose 9
of making health care decisions on my behalf. Neither my health care agent nor my 10
alternate health care agent whom I have designated is my health care provider, an 11
employee of my health care provider, an employee of a health care facility in which 12
I am a patient or a spouse of any of those persons, unless he or she is also my relative. 13
For purposes of this document, "incapacity" exists if 2 physicians or a physician and 14
a psychologist who have personally examined me sign a statement that specifically 15
expresses their opinion that I have a condition that means that I am unable to receive 16
and evaluate information effectively or to communicate decisions to such an extent 17
that I lack the capacity to manage my health care decisions. A copy of that statement 18
must be attached to this document.
GENERAL STATEMENT OF AUTHORITY GRANTED
Unless I have specified otherwise in this document, if I ever have incapacity I 21
instruct my health care provider to obtain the health care decision of my health care 22
agent, if I need treatment, for all of my health care and treatment. I have discussed 23
my desires thoroughly with my health care agent and believe that he or she 24
understands my philosophy regarding the health care decisions I would make if I
were able. I desire that my wishes be carried out through the authority given to my 2
health care agent under this document.
If I am unable, due to my incapacity, to make a health care decision, my health 4
care agent is instructed to make the health care decision for me, but my health care 5
agent should try to discuss with me any specific proposed health care if I am able to 6
communicate in any manner, including by blinking my eyes. If this communication 7
cannot be made, my health care agent shall base his or her decision on any health 8
care choices that I have expressed prior to the time of the decision. If I have not 9
expressed a health care choice about the health care in question and communication 10
cannot be made, my health care agent shall base his or her health care decision on 11
what he or she believes to be in my best interest.
LIMITATIONS ON MENTAL HEALTH TREATMENT
My health care agent may not admit or commit me on an inpatient basis to an 14
institution for mental diseases, an intermediate care facility for persons with mental
15retardation an intellectual disability
, a state treatment facility or a treatment 16
facility. My health care agent may not consent to experimental mental health 17
research or psychosurgery, electroconvulsive treatment or drastic mental health 18
treatment procedures for me.
ADMISSION TO NURSING HOMES OR 20
COMMUNITY-BASED RESIDENTIAL FACILITIES
My health care agent may admit me to a nursing home or community-based 22
residential facility for short-term stays for recuperative care or respite care.
If I have checked "Yes" to the following, my health care agent may admit me for 24
a purpose other than recuperative care or respite care, but if I have checked "No" to 25
the following, my health care agent may not so admit me:
1. A nursing home — Yes.... No....
2. A community-based residential facility — Yes.... No....
If I have not checked either "Yes" or "No" immediately above, my health care 4
agent may admit me only for short-term stays for recuperative care or respite care.
PROVISION OF A FEEDING TUBE
If I have checked "Yes" to the following, my health care agent may have a 7
feeding tube withheld or withdrawn from me, unless my physician has advised that, 8
in his or her professional judgment, this will cause me pain or will reduce my comfort. 9
If I have checked "No" to the following, my health care agent may not have a feeding 10
tube withheld or withdrawn from me.
My health care agent may not have orally ingested nutrition or hydration 12
withheld or withdrawn from me unless provision of the nutrition or hydration is 13
Withhold or withdraw a feeding tube — Yes.... No....
If I have not checked either "Yes" or "No" immediately above, my health care 16
agent may not have a feeding tube withdrawn from me.
HEALTH CARE DECISIONS FOR 18
If I have checked "Yes" to the following, my health care agent may make health 20
care decisions for me even if my agent knows I am pregnant. If I have checked "No" 21
to the following, my health care agent may not make health care decisions for me if 22
my health care agent knows I am pregnant.
Health care decision if I am pregnant — Yes.... No....
If I have not checked either "Yes" or "No" immediately above, my health care 2
agent may not make health care decisions for me if my health care agent knows I am 3
STATEMENT OF DESIRES, 5
SPECIAL PROVISIONS OR LIMITATIONS
In exercising authority under this document, my health care agent shall act 7
consistently with my following stated desires, if any, and is subject to any special 8
provisions or limitations that I specify. The following are specific desires, provisions 9
or limitations that I wish to state (add more items if needed):
INSPECTION AND DISCLOSURE OF 14
INFORMATION RELATING TO MY PHYSICAL 15
OR MENTAL HEALTH
Subject to any limitations in this document, my health care agent has the 17
authority to do all of the following:
(a) Request, review and receive any information, oral or written, regarding my 19
physical or mental health, including medical and hospital records.
(b) Execute on my behalf any documents that may be required in order to obtain 21
(c) Consent to the disclosure of this information.
(The principal and the witnesses all must sign the document at the same time.)
SIGNATURE OF PRINCIPAL
(person creating the power of attorney for health care)
(The signing of this document by the principal revokes all previous powers of 3
attorney for health care documents.)
STATEMENT OF WITNESSES
I know the principal personally and I believe him or her to be of sound mind and 6
at least 18 years of age. I believe that his or her execution of this power of attorney 7
for health care is voluntary. I am at least 18 years of age, am not related to the 8
principal by blood, marriage, or adoption, am not the domestic partner under ch. 770 9
of the principal, and am not directly financially responsible for the principal's health 10
care. I am not a health care provider who is serving the principal at this time, an 11
employee of the health care provider, other than a chaplain or a social worker, or an 12
employee, other than a chaplain or a social worker, of an inpatient health care facility 13
in which the declarant is a patient. I am not the principal's health care agent. To 14
the best of my knowledge, I am not entitled to and do not have a claim on the 15
Witness No. 1:
(print) Name.... Date....
Witness No. 2:
(print) Name.... Date....
STATEMENT OF HEALTH CARE AGENT AND 25
ALTERNATE HEALTH CARE AGENT
I understand that.... (name of principal) has designated me to be his or her 2
health care agent or alternate health care agent if he or she is ever found to have 3
incapacity and unable to make health care decisions himself or herself. .... (name of 4
principal) has discussed his or her desires regarding health care decisions with me.
Failure to execute a power of attorney for health care document under chapter 10
155 of the Wisconsin Statutes creates no presumption about the intent of any 11
individual with regard to his or her health care decisions.
This power of attorney for health care is executed as provided in chapter 155 13
of the Wisconsin Statutes.
ANATOMICAL GIFTS (optional)
Upon my death: