1995 Wisconsin Act 27

27,3241f Section 3241f. 50.05 (11) of the statutes is amended to read:

50.05 (11) (title) Compensation of monitor or receiver. The court shall set the compensation of a person placed as a monitor, if any, and of the receiver, which will be considered a necessary expense expenses of a receivership.

27,3241h Section 3241h. 50.05 (14m) of the statutes is amended to read:

50.05 (14m) Bond upon termination; reappointment. If the court terminates a receivership under sub. (14) and the department grants a license for the facility to the same applicant under which the facility was licensed immediately prior to appointment of a receiver under sub. (4) or (5), the court may require that person to post a bond for a period of not less than 120 days in an amount fixed by the court as security for maintaining compliance with this subchapter and the rules promulgated under this subchapter. If the court, after notice to the parties in the receivership proceeding and after a hearing, finds that the standards for appointment under sub. (4) are met, the court may reappoint the receiver. If the court reappoints the receiver, the receiver may use the security, if any has been required under this subsection, in addition to funds under subs. (7), (8) and (10), for purposes of payment of the placement of a monitor, if any, and for the receivership.

27,3241j Section 3241j. 50.05 (15) (a) of the statutes is amended to read:

50.05 (15) (a) Within 30 days after termination, the receiver shall give the court a complete accounting of all property of which the receiver has taken possession, of all funds collected under this section and of the expenses of the monitor, if any is placed in a nursing home, and the receivership.

27,3241L Section 3241L. 50.05 (15) (b) of the statutes is amended to read:

50.05 (15) (b) If the operating funds collected by the receiver under subs. (7) and (8) exceed the reasonable expenses of the placement of a monitor in a nursing home, if any, and of the receivership, the court shall order payment of the surplus to the operator or controlling person, after reimbursement of funds drawn from the contingency fund under sub. (10). If the operating funds are insufficient to cover the reasonable expenses of the placement of a monitor in a nursing home, if any, and of the receivership, the operator or controlling person shall be liable for the deficiency. The operator or controlling person may apply to the court to determine the reasonableness of any expense of the placement of a monitor in a nursing home, if any, and of the receivership. The operator or controlling person shall not be responsible for expenses in excess of what the court finds to be reasonable. Payment recovered from the operator or controlling person shall be used to reimburse the contingency fund for amounts drawn by the receiver under sub. (10).

27,3242b Section 3242b. 50.05 (15) (f) of the statutes is amended to read:

50.05 (15) (f) The receiver shall, within 60 days after termination of the receivership, file a notice of any lien created under this subsection. No action on a lien created under this subsection may be brought more than 2 years after the date of filing. If the lien is on real property, the notice shall be filed with the clerk of circuit court of the county in which the facility is located and entered on the lien docket kept under s. 779.07. If the lien is on personal property, the lien shall be filed with the secretary of state department of financial institutions. The secretary of state department of financial institutions shall place the lien on personal property in the same file as financing statements are filed under ss. 409.401 and 409.402. The notice shall specify the name of the person against whom the lien is claimed, the name of the receiver, the dates of the petition for receivership and the termination of receivership, a description of the property involved and the amount claimed. No lien shall exist under this section against any person, on any property, or for any amount not specified in the notice filed under this paragraph. To the extent applicable, ch. 846 controls the foreclosure of liens under this subsection that attach to real property.

27,3243 Section 3243 . 50.135 (1) of the statutes is amended to read:

50.135 (1) Definition. In this section, “inpatient health care facility" means any hospital, nursing home, county home, county mental hospital, tuberculosis sanatorium or other place licensed or approved by the department under ss. 49.14, 49.16, 49.171, 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073 and 252.076, but does not include community-based residential facilities.

27,3244 Section 3244 . 50.135 (2) (c) of the statutes is amended to read:

50.135 (2) (c) The fees collected under par. (a) shall be credited to the appropriation under s. 20.435 (1) (gm) for health planning and cost containment activities and to the appropriation under s. 20.488 (1) (g) licensing, review and certifying activities.

27,3244g Section 3244g. 50.14 (2) of the statutes is amended to read:

50.14 (2) For the privilege of doing business in this state, there is imposed on all occupied, licensed beds of a facility, except occupied, licensed beds for which payment is made under 42 USC 1395 to 1395ccc, an assessment that shall be deposited in the general fund and that is $97 in fiscal year 1993-94 and $100 in fiscal year 1994-95 per calendar month per occupied, licensed bed of an intermediate care facility for the mentally retarded and is $32 per calendar month per occupied, licensed bed of a nursing home. The assessment shall be on the average number of occupied, licensed beds of a facility for the calendar month previous to the month of assessment, based on an average daily midnight census computed and reported by the facility and verified by the department. Charged bed-hold days for any resident of a facility shall be included as one full day in the average daily midnight census. In determining the number of occupied, licensed beds, if the amount of the beds is other than a whole number the fractional part of the amount shall be disregarded unless it equals 50% or more of a whole number, in which case the amount shall be increased to the next whole number.

27,3245 Section 3245 . 50.36 (1) of the statutes is amended to read:

50.36 (1) The department shall promulgate, adopt, amend and enforce such rules and standards for hospitals for the construction, maintenance and operation of the hospitals deemed necessary to provide safe and adequate care and treatment of the patients in the hospitals and to protect the health and safety of the patients and employes; and nothing contained herein shall pertain to a person licensed to practice medicine and surgery or dentistry. The building codes and construction standards of the department of industry, labor and human relations development shall apply to all hospitals and the department may adopt additional construction codes and standards for hospitals, provided they are not lower than the requirements of the department of industry, labor and human relations development. Except for the construction codes and standards of the department of industry, labor and human relations development and except as provided in s. 50.39 (3), the department shall be the sole agency to adopt and enforce rules and standards pertaining to hospitals.

27,3246 Section 3246 . 50.36 (2) of the statutes is renumbered 50.36 (2) (a) and amended to read:

50.36 (2) (a) The department may shall conduct plan reviews of all capital construction and remodeling projects of hospitals to ensure that the plans comply with building code requirements under ch. 101 and with physical plant requirements under this chapter or under rules promulgated under this chapter.

(b) The department shall promulgate rules that establish a fee schedule for its services in conducting the plan reviews under par. (a). The schedule established under these rules shall set fees for hospital plan reviews in amounts that are less than the sum of the amounts required on September 30, 1995, for fees under this subsection and for fees for examination of hospital plans under s. 101.19 (1) (a), 1993 stats.

27,3247 Section 3247 . 50.39 (3) of the statutes is amended to read:

50.39 (3) Facilities governed by ss. 45.365, 48.62, 49.14, 49.171, 49.70, 49.72, 50.02, 51.09, 58.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s. 48.02 (15m), correctional institutions governed by the department of corrections under s. 301.02 and the offices and clinics of persons licensed to treat the sick under chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physical therapists affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board and board of nursing in carrying out their statutory duties and responsibilities.

27,3249 Section 3249 . 51.01 (14) of the statutes is amended to read:

51.01 (14) “Residence", “legal residency" or “county of residence" has the meaning given under s. 49.01 (8g) 49.001 (6).

27,3250 Section 3250 . 51.02 (1) (b) of the statutes is amended to read:

51.02 (1) (b) Provide recommendations to the department on the expenditure of federal funds received under the community mental health block grant under 42 USC 300x to 300x-9 and participate in the development of and monitor and evaluate the implementation of, the community mental health block grant plan.

27,3251 Section 3251 . 51.04 of the statutes is amended to read:

51.04 (title) Outpatient treatment Treatment facility determination certification. Any treatment facility may apply to the department for determination of whether such facility is an outpatient treatment facility established and maintained according to rules promulgated by the department under s. 51.42 (7) (b) certification of the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f. or to a community aids funding recipient under s. 51.423 (2) or provided as mandated coverage under s. 632.89. The department shall annually charge a fee for each such determination certification.

27,3251e Section 3251e. 51.15 (1) (b) 2. of the statutes is amended to read:

51.15 (1) (b) 2. A specific recent overt act or attempt or threat to act or omission by the individual which is reliably reported to the officer or person by any other person, including any probation and parole agent authorized by the department to exercise control and supervision over a probationer or parolee or a person on community supervision.

27,3251g Section 3251g. 51.30 (4) (b) 10. (intro.), a., b. and d. of the statutes are amended to read:

51.30 (4) (b) 10. (intro.) To a correctional facility or to a probation and parole agent who is responsible for the supervision of an individual who is receiving inpatient or outpatient evaluation or treatment under this chapter in a program that is operated by, or is under contract with, the department or a county department under s. 51.42 or 51.437, or in a treatment facility, as a condition of the probation and parole supervision plan or the community supervision plan, or whenever such an individual is transferred from a state or local correctional facility to such a treatment program and is then transferred back to the correctional facility. Every probationer or parolee or person on community supervision who receives evaluation or treatment under this chapter shall be notified of the provisions of this subdivision by the individual's probation and parole agent. Release of records under this subdivision is limited to:

a. The report of an evaluation which is provided pursuant to the written probation and parole supervision plan or the community supervision plan.

b. The discharge summary, including a record or summary of all somatic treatments, at the termination of any treatment which is provided as part of the probation and parole supervision plan or the community supervision plan.

d. Any information necessary to establish, or to implement changes in, the individual's treatment plan or the level and kind of supervision on probation, community supervision or parole, as determined by the director of the facility or the treatment director. In cases involving a person transferred back to a correctional facility, disclosure shall be made to clinical staff only. In cases involving a person on probation, community supervision or parole, disclosure shall be made to a probation and parole agent only. The department shall promulgate rules governing the release of records under this subdivision.

27,3258m Section 3258m. 51.35 (3) (a) of the statutes is amended to read:

51.35 (3) (a) A licensed psychologist of a juvenile correctional facility under s. 48.52 48.557 or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the facility is, in his or her opinion, in need of services for developmental disability, alcoholism or drug dependency or in need of psychiatric services, and who has obtained voluntary consent to make a transfer for treatment, shall make a report, in writing, to the superintendent of the facility, stating the nature and basis of the belief and verifying the consent. In the case of a minor age 14 and over, the minor and the minor's parent or guardian shall consent unless the minor is admitted under s. 51.13 (1) (c); and in the case of a minor under the age of 14, only the minor's parent or guardian need consent. The superintendent shall inform, orally and in writing, the minor and the minor's parent or guardian, that transfer is being considered and shall inform them of the basis for the request and their rights as provided in s. 51.13 (3). If the department of corrections, upon review of a request for transfer, determines that transfer is appropriate, the that department shall immediately notify the department of health and social services and, if the department of health and social services consents, the department of corrections may immediately transfer the individual. The department of corrections shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction under ch. 48 of the county where the treatment facility is located.

27,3259m Section 3259m. 51.35 (3) (e) of the statutes is amended to read:

51.35 (3) (e) The department of corrections may authorize emergency transfer of an individual from a juvenile correctional facility to a state treatment facility if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and exhibits conduct which constitutes a danger as defined in s. 51.20 (1) (a) 2. to the individual or to others, or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The correctional custodian of the sending institution shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health and social services shall file the statement or petition with the court within 24 hours after the subject individual is received for detention or commitment. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the institution from which the transfer was made. As an alternative to this procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that no prisoner may be released without the approval of the court which directed confinement in the correctional facility.

27,3260 Section 3260 . 51.42 (3) (aw) 1. d. of the statutes is amended to read:

51.42 (3) (aw) 1. d. Provide treatment and services that are specified in a conditional release plan approved by a court for a person who is a county resident and is conditionally released under s. 971.17 (3) or (4). If the county department provides treatment and services under this subdivision, the department of health and social services shall, from the appropriation under s. 20.435 (7) (2) (bj), pay the county department for the costs of the treatment and services.

27,3261b Section 3261b. 51.42 (3) (d) 12. f. of the statutes is amended to read:

51.42 (3) (d) 12. f. The receiver shall, within 60 days after termination of the receivership, file a notice of any lien created under this subdivision. No action on a lien created under this subdivision may be brought more than 2 years after the date of filing. If the lien is on real property, the notice shall be filed with the clerk of circuit court for the county in which the county department of community programs or related program is located and entered on a lien docket kept under s. 779.07. If the lien is on personal property, the lien shall be filed with the secretary of state department of financial institutions. The secretary of state department of financial institutions shall place the lien on personal property in the same file as financing statements are filed under ss. 409.401 and 409.402. The notice shall specify the name of the county department of community programs or related program against which the lien is claimed, the name of the receiver, the dates of the petition for receivership and the termination of receivership, a description of the property involved and the amount claimed. No lien may exist under this subdivision against any person, on any property or for any amount not specified in the notice filed under this subd. 12. f. To the extent applicable, ch. 846 controls the foreclosure of liens under this subdivision that attach to real property.

27,3262 Section 3262 . 51.42 (3) (e) of the statutes is amended to read:

51.42 (3) (e) Exchange of information. Notwithstanding ss. 49.45 (4), 49.53 (1m) 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82 and 252.11 (7), any subunit of a county department of community programs acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of community programs or with any person providing services to the client under a purchase of services contract with the county department of community programs, if necessary to enable an employe or service provider to perform his or her duties, or to enable the county department of community programs to coordinate the delivery of services to the client.

27,3263 Section 3263 . 51.421 (1) of the statutes is amended to read:

51.421 (1) Purpose. In order to provide the least restrictive and most appropriate care and treatment for persons with chronic mental illness, community support programs should be available in all parts of the state. In order to integrate community support programs with other long-term care programs, community support programs shall be coordinated, to the greatest extent possible, with the community options program under s. 46.27, with the protective services system in a county, with the medical assistance program under ss. 49.43 to 49.47 subch. IV of ch. 49 and with other care and treatment programs for persons with chronic mental illness.

27,3264m Section 3264m. 51.423 (2) of the statutes is amended to read:

51.423 (2) From the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute the funding for services provided or purchased by county departments under s. 46.23, 51.42 or 51.437 to such county departments as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2), (3), (5), (9) and (12). Each county's required match for a year equals 9.89% of the total of the county's distributions for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the counties that meet the requirements specified in sub. (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

27,3265 Section 3265 . 51.423 (5) (a) (intro.) of the statutes is amended to read:

51.423 (5) (a) (intro.) A private donation to a county may be used to match the state grant-in-aid under s. 49.52 (1) (d) 46.495 (1) (d) or under sub. (2) only if the donation is both of the following:

27,3266m Section 3266m. 51.437 (4rm) (a) of the statutes is amended to read:

51.437 (4rm) (a) A county department of developmental disabilities services shall authorize all care of any patient in a state, local or private facility under a contractual agreement between the county department of developmental disabilities services and the facility, unless the county department of developmental disabilities services governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of developmental disabilities services or its contract agency prior to the admission of a patient to the facility except in the case of emergency services. In cases of emergency, a facility under contract with any county department of developmental disabilities services shall charge the county department of developmental disabilities services having jurisdiction in the county where the individual receiving care is found. The county department of developmental disabilities services shall reimburse the facility for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health and social services determines that a charge is administratively infeasible, or unless the department of health and social services, after individual review, determines that the charge is not attributable to the cost of basic care and services. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which are attributable to care and treatment of the client. County departments of developmental disabilities services may not reimburse any state institution or receive credit for collections for care received therein by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats. or s. 971.14, 971.17 or 975.06, admissions under s. 975.17, 1977 stats., or children placed in the guardianship or legal custody of the department of health and social services under s. 48.355, 48.427 or 48.43 or under the supervision of the department of corrections under s. 48.355.

27,3267 Section 3267 . 51.44 (3) (a) of the statutes is amended to read:

51.44 (3) (a) From the appropriations under s. 20.435 (7) (3) (bt) and (nL) the department shall allocate and distribute funds to counties to provide or contract for the provision of early intervention services to individuals eligible to receive the early intervention services.

27,3268 Section 3268 . 51.45 (5) (title) of the statutes is amended to read:

51.45 (5) (title) Community alcohol and other drug abuse prevention pilot program.

27,3269 Section 3269 . 51.45 (5) (b) (intro.) of the statutes is amended to read:

51.45 (5) (b) (intro.) The department shall select, upon application by counties, county departments under s. 46.215, 46.22, 46.23, 51.42 or 51.437 in up to 8 counties representing various geographical regions and populations and shall, from the appropriation appropriations under s. 20.435 (7) (f) and (mb), award a total of not more than $500,000 in grants in each fiscal year to the selected county departments to participate in a pilot program to implement and coordinate alcohol and other drug abuse programs and services relating to primary prevention. The county department in each county receiving funding under this paragraph shall appoint or contract with an alcohol and other drug abuse prevention specialist whose duties shall include all of the following:

27,3270m Section 3270m. 51.62 (3m) of the statutes is created to read:

51.62 (3m) Funding. From the appropriation under s. 20.435 (7) (md), the department shall distribute $75,000 in each fiscal year to the protection and advocacy agency for performance of community mental health protection and advocacy services.

27,3271 Section 3271 . 55.06 (8) (intro.) of the statutes is amended to read:

55.06 (8) (intro.)  Before ordering the protective placement of any individual, the court shall direct a comprehensive evaluation of the person in need of placement, if such an evaluation has not already been made. The court may utilize available multidisciplinary resources in the community in determining the need for placement. The board designated under s. 55.02 or an agency designated by it shall cooperate with the court in securing available resources. Where applicable by reason of the particular disability, the appropriate board designated under s. 55.02 or an agency designated by it having responsibility for the place of legal residence of the individual as provided in s. 49.01 (8g) 49.001 (6) shall make a recommendation for placement. If the court is considering placement of the individual in a center for the developmentally disabled, the court shall request a statement from the department regarding whether the placement is appropriate for the person's needs and whether it is consistent with the purpose of the center under s. 51.06 (1) unless testimony was provided by the department under sub. (5). A copy of the comprehensive evaluation shall be provided to the guardian, the guardian ad litem, and to the individual or attorney at least 96 hours in advance of the hearing to determine placement. The court or the cooperating agency obtaining the evaluation shall request appropriate information which shall include at least the following:

27,3275 Section 3275 . 59.07 (98) of the statutes is amended to read:

59.07 (98) Emergency energy relief. Regardless of the type of general relief system used within whether a county operates a relief program under sub. (154), appropriate money for making payments to individuals or providing grants to community action agencies, cities, villages and towns to assist persons and families in the purchase of emergency energy supplies.

27,3276 Section 3276 . 59.07 (109) of the statutes is amended to read:

59.07 (109) Public assistance; false representation. Enact and enforce an ordinance to prohibit conduct that is the same as or similar to conduct that is prohibited by s. 49.12 49.95 (1) and provide a forfeiture for a violation of the ordinance.

27,3277 Section 3277 . 59.07 (153) (a) of the statutes is amended to read:

59.07 (153) (a) In counties having a population of 500,000 or more, determine policy for the operation, maintenance and improvement of the county hospital under s. 49.16 (2) 49.71 (2) and, notwithstanding the powers and duties specified under s. 46.21 (2) (k), (3r) and (6) with respect to the county hospital and the administrator and specified under s. 46.21 (2) (b), (L), (m), (n), (nm), (o), (p) and (q) and (3g), provide for the management of the county hospital as the board considers appropriate, except that the employe positions at the hospital will be county employe positions. If the board acts under this subsection, the board may not discontinue operation, maintenance and improvement of the county hospital under s. 49.16 49.71 (2) and shall exercise the duties under s. 46.21 (4m).

27,3278 Section 3278 . 59.07 (153) (b) of the statutes is amended to read:

59.07 (153) (b) This subsection does not apply if the board acts under s. 46.21 with respect to the county hospital under s. 49.16 (2) 49.71 (2).

27,3279 Section 3279 . 59.07 (154) of the statutes is created to read:

59.07 (154) Operation of relief programs. Operate a program of relief to dependent persons residing in a county. The program may provide dependent persons with such services, commodities or money as the county determines to be reasonable and necessary under the circumstances. The program may include work components. The county may enact any ordinances necessary or useful to the operation of a relief program under this subsection. Counties may use vehicle registration information from the department of transportation in determining eligibility for relief programs under this subsection.

27,3279g Section 3279g. 59.07 (155) of the statutes is created to read:

59.07 (155) Collection of court imposed penalties. Adopt a resolution authorizing the clerk of circuit court, under s. 59.396, to contract with a collection agency for the collection of unpaid fines and forfeitures.

27,3280 Section 3280 . 59.145 (title) of the statutes is amended to read:

59.145 (title) Optical disk and electronic storage.

27,3281 Section 3281 . 59.145 (1) of the statutes is amended to read:

59.145 (1) Upon request of any office, department, commission, board or agency of the county, the board may authorize any county record that is in the custody of the office, department, commission, board or agency to be transferred to, or maintained in, optical disk or electronic storage in accordance with rules of the department of administration under s. 16.612. The board may thereafter authorize destruction of the original record, if appropriate, in accordance with ss. 16.61 (3) (e), 19.21 (5) and 59.715 to 59.717 unless preservation is required by law.

27,3282 Section 3282 . 59.145 (2) (intro.) of the statutes is amended to read:

59.145 (2) (intro.)  Any copy of a county record generated from optical imaging or electronic formatting of an original record is deemed an original record if all of the following conditions are met:

27,3283 Section 3283 . 59.145 (2) (a) of the statutes is amended to read:

59.145 (2) (a) The devices used to transform the record to optical disk or electronic format and to generate a copy of the record from optical disk or electronic format are ones which accurately reproduce the content of the original.

27,3284 Section 3284 . 59.145 (2) (b) of the statutes is amended to read:

59.145 (2) (b) The optical disk or electronic copy and the copy generated from optical disk or electronic format comply with the minimum standards of quality for such copies, as established by the rule of the department of administration under s. 16.612.

27,3285 Section 3285 . 59.145 (2) (d) of the statutes is amended to read:

59.145 (2) (d) The legal custodian of the record executes a statement of intent and purpose describing the record to be transferred to optical disk or electronic format and the disposition of the original record, and executes a certificate verifying that the record was received or created and transferred to optical disk or electronic format in the normal course of business and that the statement of intent and purpose is properly recorded in his or her office.

27,3286 Section 3286 . 59.145 (4) of the statutes is amended to read: