LRB-3086/2
DAK:kmg:rs
2003 - 2004 LEGISLATURE
October 29, 2003 - Introduced by Representatives J. Wood, Ladwig, Gunderson,
McCormick, Krawczyk, Grothman, Owens, Vrakas, Ott, Seratti and Albers,
cosponsored by Senators Zien, Brown, Schultz and
Stepp. Referred to
Committee on Aging and Long-Term Care.
AB631,1,3
1An Act to amend 51.35 (1) (b) 2. of the statutes;
relating to: requiring approval
2by the guardian of a resident of a center for the developmentally disabled for
3transfer of the resident by the Department of Health and Family Services.
Analysis by the Legislative Reference Bureau
Under current law, as affected by
2003 Wisconsin Act 33 (the biennial budget
act), the Department of Health and Family Services (DHFS) or a county department
of community programs or developmental disabilities services (county department)
may transfer a patient or resident who is admitted to a public treatment facility
(including a mental health institute or center for the developmentally disabled),
between treatment facilities, or from a treatment facility into the community, if the
transfer is consistent with reasonable medical and clinical judgment. A DHFS
transfer of a patient in a mental health institute or of a resident of a center for the
developmentally disabled is, however, subject to approval of the county department
to which the patient was committed or resident was admitted, unless the condition
of the patient or resident requires immediate transfer, the county department is
unable to locate an approved treatment facility in the community, or the county
department has acted arbitrarily or capriciously to prevent the transfer.
This bill requires that a DHFS transfer of a resident of a center for the
developmentally disabled be subject to the approval of the resident's guardian, in
addition to approval of the county department. Further, the bill prohibits DHFS
from coercing, or attempting to coerce, approval by a guardian of transfer of the
guardian's ward from the Northern Center for the Developmentally Disabled by
indicating that the care at that center will be diminished.
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:
AB631,2,113
51.35
(1) (b) 2. Except as provided in pars. (c) and (d), a transfer of a resident
4of a center for the developmentally disabled by the department is subject to the
5approval of the appropriate county department under s. 51.42 or 51.437 to which the
6resident was committed or through which the resident was admitted to the center
7and to the approval of the resident's guardian. The department may not, under this
8subdivision, coerce or attempt to coerce approval by a guardian of transfer of the
9guardian's ward from the Northern Center for the Developmentally Disabled by
10indicating that the quality of care at the Northern Center for the Developmentally
11Disabled will be diminished.
AB631,2,1413
(1) This act first applies to transfers by the department of health and family
14services on the effective date of this subsection.
