LRB-3573/1
TJD:kjf
2015 - 2016 LEGISLATURE
January 13, 2016 - Introduced by Representatives Tittl, Ballweg, Billings,
Brostoff, Czaja, Murphy, Petryk, Rohrkaste, Sanfelippo and VanderMeer.
Referred to Committee on Health.
AB712,1,2
1An Act to renumber and amend 51.038; and
to create 51.038 (2) and (3) of the
2statutes;
relating to: certification of outpatient mental health clinics.
Analysis by the Legislative Reference Bureau
This bill requires, instead of allows as under current law, the Department of
Health Services (DHS) to accept evidence of accreditation of an outpatient mental
health clinic by certain organizations as equivalent to the standard established by
DHS for the purpose of certifying the facility for reimbursement under the Medical
Assistance program or community aids funding or as mandated coverage of nervous
and mental disorders and alcoholism and other drug abuse. The bill subjects DHS's
certification to renewal at the same time the accreditation is due for renewal. The
bill requires the DHS to waive an on-site inspection for renewal certification of an
outpatient mental health clinic if the clinic is accredited by a specified accrediting
body and satisfies certain other criteria. Under current law, DHS certifies outpatient
mental health clinics. DHS has promulgated rules on the certification process. DHS
rules allow DHS to conduct an on-site inspection of an outpatient mental health
clinic but require that DHS waive the on-site inspection if the outpatient mental
health clinic holds current accreditation from a national accrediting body that has
developed standards for outpatient mental health clinics and if certain other criteria
apply.
For further information see the state 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:
AB712,1
1Section
1. 51.038 of the statutes is renumbered 51.038 (intro.) and amended
2to read:
AB712,2,8
351.038 Outpatient mental health clinic certification. (intro.) Except as
4provided in s. 51.032, if a facility that provides mental health services on an
5outpatient basis holds current accreditation from the council on accreditation of
6services for families and children, the
commission on accreditation of rehabilitation
7facilities, or the joint commission that accredits healthcare organizations, all of the
8following apply:
AB712,2,14
9(1) The department
may
shall accept evidence of this accreditation as
10equivalent to the standards established by the department, for the purpose of
11certifying the facility for the receipt of funds for services provided as a benefit to a
12medical assistance Medical Assistance recipient under s. 49.46 (2) (b) 6. f. or 49.471
13(11) (k), a community aids funding recipient under s. 51.423 (2) or as mandated
14coverage under s. 632.89.
AB712,2
15Section
2. 51.038 (2) and (3) of the statutes are created to read:
AB712,2,1716
51.038
(2) The department's certification is subject to renewal at the time that
17the accreditation is due for renewal.
AB712,2,19
18(3) The department shall waive an on-site inspection of an outpatient mental
19health clinic that is applying for renewal certification if all of the following apply:
AB712,2,2120
(a) The outpatient mental health clinic has submitted a complete application
21including all of the following:
AB712,3,2
11. Materials prepared by the outpatient mental health clinic for the accrediting
2body's most recent inspection.
AB712,3,43
2. All documents and data collected during the accrediting body's most recent
4certification survey.
AB712,3,65
3. Survey findings and any reports resulting from the accrediting body's most
6recent inspection.
AB712,3,107
(b) The department determines that the outpatient mental health clinic's
8record of compliance with this chapter or with any rules promulgated under this
9chapter or with the standards of the accrediting body does not indicate that an
10on-site inspection is necessary.
