AB150-ASA,1045,219
50.05
(3) Monitor. In any situation described in sub. (2), the department may
20place a person to act as monitor in the facility. The monitor shall observe operation
21of the facility, assist the facility by advising it on how to comply with state
22regulations, and shall submit a written report periodically to the department on the
23operation of the facility.
The department may require payment by the operator or
24controlling person of the facility for the costs of placement of a person to act as
1monitor in the facility, if, subsequently, a court appoints a receiver for the facility
2under sub. (4).
AB150-ASA,1045,134
50.05
(10) Contingency fund. If funds collected under subs.
(3), (7) and (8) are
5insufficient to meet the expenses of performing the powers and duties conferred on
6the receiver by this section, or if there are insufficient funds on hand to meet those
7expenses, the department may draw from the supplemental
funds fund created
8under s. 20.435 (1) (dm)
and (6) (dm) to pay
those the expenses
associated with the
9placement of a monitor, if any, in a nursing home and the receivership of a nursing
10home. Operating funds collected under this section and not applied to the expenses
11of the
placement of a monitor, if any, and the receivership, except for the amount of
12a security, if any is required under sub. (14m), shall be used to reimburse the fund
13for advances made under this section.
AB150-ASA,1045,1715
50.05
(11) (title)
Compensation of
monitor or receiver. The court shall set the
16compensation of
a person placed as a monitor, if any, and of the receiver, which will
17be considered
a necessary
expense
expenses of a receivership.
AB150-ASA,1046,519
50.05
(14m) Bond upon termination; reappointment. If the court terminates
20a receivership under sub. (14) and the department grants a license for the facility to
21the same applicant under which the facility was licensed immediately prior to
22appointment of a receiver under sub. (4) or (5), the court may require that person to
23post a bond for a period of not less than 120 days in an amount fixed by the court as
24security for maintaining compliance with this subchapter and the rules promulgated
25under this subchapter. If the court, after notice to the parties in the receivership
1proceeding and after a hearing, finds that the standards for appointment under sub.
2(4) are met, the court may reappoint the receiver. If the court reappoints the receiver,
3the receiver may use the security, if any has been required under this subsection, in
4addition to funds under subs. (7), (8) and (10), for purposes of
payment of the
5placement of a monitor, if any, and for the receivership.
AB150-ASA,1046,107
50.05
(15) (a) Within 30 days after termination, the receiver shall give the court
8a complete accounting of all property of which the receiver has taken possession, of
9all funds collected under this section and of the expenses of the
monitor, if any is
10placed in a nursing home, and the receivership.
AB150-ASA,1046,2412
50.05
(15) (b) If the operating funds collected by the receiver under subs. (7)
13and (8) exceed the reasonable expenses of the
placement of a monitor in a nursing
14home, if any, and of the receivership, the court shall order payment of the surplus to
15the operator or controlling person, after reimbursement of funds drawn from the
16contingency fund under sub. (10). If the operating funds are insufficient to cover the
17reasonable expenses of the
placement of a monitor in a nursing home, if any, and of
18the receivership, the operator or controlling person shall be liable for the deficiency.
19The operator or controlling person may apply to the court to determine the
20reasonableness of any expense of the
placement of a monitor in a nursing home, if
21any, and of the receivership. The operator or controlling person shall not be
22responsible for expenses in excess of what the court finds to be reasonable. Payment
23recovered from the operator or controlling person shall be used to reimburse the
24contingency fund for amounts drawn by the receiver under sub. (10).
AB150-ASA,1047,5
150.135
(1) Definition. In this section, "inpatient health care facility" means
2any hospital, nursing home, county home, county mental hospital, tuberculosis
3sanatorium or other place licensed or approved by the department under ss.
49.14,
449.16, 49.171, 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073
5and 252.076, but does not include community-based residential facilities.
AB150-ASA,1047,107
50.135
(2) (c) The fees collected under par. (a) shall be credited to the
8appropriation under s. 20.435 (1) (gm) for
health planning and cost containment
9activities and to the appropriation under s. 20.488 (1) (g) licensing, review and
10certifying activities.
AB150-ASA,1047,2512
50.36
(1) The department shall promulgate, adopt, amend and enforce such
13rules and standards for hospitals for the construction, maintenance and operation
14of the hospitals deemed necessary to provide safe and adequate care and treatment
15of the patients in the hospitals and to protect the health and safety of the patients
16and employes; and nothing contained herein shall pertain to a person licensed to
17practice medicine and surgery or dentistry. The building codes and construction
18standards of the department of
industry, labor and human relations development 19shall apply to all hospitals and the department may adopt additional construction
20codes and standards for hospitals, provided they are not lower than the requirements
21of the department of
industry, labor and human relations development. Except for
22the construction codes and standards of the department of
industry, labor and
23human relations development and except as provided in s. 50.39 (3), the department
24shall be the sole agency to adopt and enforce rules and standards pertaining to
25hospitals.
AB150-ASA, s. 3246
1Section
3246. 50.36 (2) of the statutes is renumbered 50.36 (2) (a) and
2amended to read:
AB150-ASA,1048,63
50.36
(2) (a) The department
may
shall conduct plan reviews of all capital
4construction and remodeling projects of hospitals
to ensure that the plans comply
5with building code requirements under ch. 101 and with physical plant requirements
6under this chapter or under rules promulgated under this chapter.
AB150-ASA,1048,12
7(b) The department shall promulgate rules that establish a fee schedule for its
8services in conducting the plan reviews
under par. (a). The schedule established
9under these rules shall set fees for hospital plan reviews in amounts that are less
10than the sum of the amounts required on September 30, 1995, for fees under this
11subsection and for fees for examination of hospital plans under s. 101.19 (1) (a), 1993
12stats.
AB150-ASA,1048,2214
50.39
(3) Facilities governed by ss. 45.365, 48.62,
49.14, 49.171, 49.70, 49.72, 1550.02, 51.09, 58.06, 252.073, 252.076 and 252.10, secured correctional facilities as
16defined in s. 48.02 (15m), correctional institutions governed by the department of
17corrections under s. 301.02 and the offices and clinics of persons licensed to treat the
18sick under chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32
19to 50.39 do not abridge the rights of the medical examining board, physical therapists
20affiliated credentialing board, dentistry examining board, pharmacy examining
21board, chiropractic examining board and board of nursing in carrying out their
22statutory duties and responsibilities.
AB150-ASA,1049,524
50.98
(5) All forfeitures shall be paid to the department within 10 days after
25receipt of notice of assessment or, if the forfeiture is contested under sub. (4), within
110 days after receipt of the final decision after exhaustion of administrative review,
2unless the final decision is appealed and the order is stayed by court order under the
3same terms and conditions as found in s. 50.03 (11). The department shall remit all
4forfeitures paid to the
state treasurer secretary of administration for deposit in the
5school fund.
AB150-ASA,1049,87
51.01
(14) "Residence", "legal residency" or "county of residence" has the
8meaning given under s.
49.01 (8g) 49.001 (6).
AB150-ASA,1049,1310
51.02
(1) (b) Provide recommendations to the department on the expenditure
11of federal funds received under the
community mental health block grant under
42
12USC 300x to
300x-9 and participate in the development of and monitor and evaluate
13the implementation of, the
community mental health block grant plan.
AB150-ASA,1049,23
1551.04 (title)
Outpatient treatment Treatment facility determination
16certification. Any
treatment facility may apply to the department for
17determination of whether such facility is an outpatient treatment facility
18established and maintained according to rules promulgated by the department
19under s. 51.42 (7) (b) certification of the facility for the receipt of funds for services
20provided as a benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f. or
21to a community aids funding recipient under s. 51.423 (2) or provided as mandated
22coverage under s. 632.89. The department shall
annually charge a fee for each
such
23determination certification.
AB150-ASA,1050,19
151.35
(3) (a) A licensed psychologist of a juvenile correctional facility under s.
248.52 48.557 or a licensed physician of the department of corrections, who has reason
3to believe that any individual confined in the facility is, in his or her opinion, in need
4of services for developmental disability, alcoholism or drug dependency or in need of
5psychiatric services, and who has obtained voluntary consent to make a transfer for
6treatment, shall make a report, in writing, to the superintendent of the facility,
7stating the nature and basis of the belief and verifying the consent. In the case of
8a minor age 14 and over, the minor and the minor's parent or guardian shall consent
9unless the minor is admitted under s. 51.13 (1) (c); and in the case of a minor under
10the age of 14, only the minor's parent or guardian need consent. The superintendent
11shall inform, orally and in writing, the minor and the minor's parent or guardian,
12that transfer is being considered and shall inform them of the basis for the request
13and their rights as provided in s. 51.13 (3). If the department
of corrections, upon
14review of a request for transfer, determines that transfer is appropriate,
the that 15department
shall immediately notify the department of health and social services
16and, if the department of health and social services consents, the department of
17corrections may immediately transfer the individual. The department
of corrections 18shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction
19under ch. 48 of the county where the treatment facility is located.
AB150-ASA,1051,1221
51.35
(3) (e) The department
of corrections may authorize emergency transfer
22of an individual from a juvenile correctional facility to a state treatment facility if
23there is cause to believe that the individual is mentally ill, drug dependent or
24developmentally disabled and exhibits conduct which constitutes a danger as
25defined in s. 51.20 (1) (a) 2. to the individual or to others, or is an alcoholic and is
1dangerous as provided in s. 51.45 (13) (a) 1. and 2. The correctional custodian of the
2sending institution shall execute a statement of emergency detention or petition for
3emergency commitment for the individual and deliver it to the receiving state
4treatment facility. The department
of health and social services shall file the
5statement or petition with the court within 24 hours after the subject individual is
6received for detention or commitment. The statement or petition shall conform to s.
751.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director
8of the receiving facility may file a petition for continued commitment under s. 51.20
9(1) or 51.45 (13) or may return the individual to the institution from which the
10transfer was made. As an alternative to this procedure, the procedure provided in
11s. 51.15 or 51.45 (12) may be used, except that no prisoner may be released without
12the approval of the court which directed confinement in the correctional facility.
AB150-ASA, s. 3260
13Section
3260. 51.42 (3) (aw) 1. d. of the statutes is amended to read:
AB150-ASA,1051,1914
51.42
(3) (aw) 1. d. Provide treatment and services that are specified in a
15conditional release plan approved by a court for a person who is a county resident and
16is conditionally released under s. 971.17 (3) or (4). If the county department provides
17treatment and services under this subdivision, the department of health and social
18services shall, from the appropriation under s. 20.435
(7) (2) (bj), pay the county
19department for the costs of the treatment and services.
AB150-ASA,1052,521
51.42
(3) (e)
Exchange of information. Notwithstanding ss. 49.45 (4),
49.53
22(1m) 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82 and 252.11 (7), any subunit of
23a county department of community programs acting under this section may
24exchange confidential information about a client, without the informed consent of
25the client, with any other subunit of the same county department of community
1programs or with any person providing services to the client under a purchase of
2services contract with the county department of community programs, if necessary
3to enable an employe or service provider to perform his or her duties, or to enable the
4county department of community programs to coordinate the delivery of services to
5the client.
AB150-ASA,1052,157
51.421
(1) Purpose. In order to provide the least restrictive and most
8appropriate care and treatment for persons with chronic mental illness, community
9support programs should be available in all parts of the state. In order to integrate
10community support programs with other long-term care programs, community
11support programs shall be coordinated, to the greatest extent possible, with the
12community options program under s. 46.27, with the protective services system in
13a county, with the medical assistance program under
ss. 49.43 to 49.47 subch. IV of
14ch. 49 and with other care and treatment programs for persons with chronic mental
15illness.
AB150-ASA,1053,617
51.423
(2) From the appropriations under s. 20.435 (7) (b) and (o), the
18department shall distribute the funding for services provided or purchased by county
19departments under s. 46.23, 51.42 or 51.437 to such county departments as provided
20under s. 46.40. County matching funds are required for the distributions under s.
2146.40 (2)
, (3), (5), (9) and (12). Each county's required match for a year equals 9.89%
22of the total of the county's distributions for that year for which matching funds are
23required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to
24spend for juvenile delinquency-related services from its distribution for 1987.
25Matching funds may be from county tax levies, federal and state revenue sharing
1funds or private donations to the counties that meet the requirements specified in
2sub. (5). Private donations may not exceed 25% of the total county match. If the
3county match is less than the amount required to generate the full amount of state
4and federal funds distributed for this period, the decrease in the amount of state and
5federal funds equals the difference between the required and the actual amount of
6county matching funds.
AB150-ASA, s. 3265
7Section
3265. 51.423 (5) (a) (intro.) of the statutes is amended to read:
AB150-ASA,1053,108
51.423
(5) (a) (intro.) A private donation to a county may be used to match the
9state grant-in-aid under s.
49.52 (1) (d) 46.495 (1) (d) or under sub. (2) only if the
10donation is both of the following:
AB150-ASA,1054,1312
51.437
(4rm) (a) A county department of developmental disabilities services
13shall authorize all care of any patient in a state, local or private facility under a
14contractual agreement between the county department of developmental disabilities
15services and the facility, unless the county department of developmental disabilities
16services governs the facility. The need for inpatient care shall be determined by the
17program director or designee in consultation with and upon the recommendation of
18a licensed physician trained in psychiatry and employed by the county department
19of developmental disabilities services or its contract agency prior to the admission
20of a patient to the facility except in the case of emergency services. In cases of
21emergency, a facility under contract with any county department of developmental
22disabilities services shall charge the county department of developmental
23disabilities services having jurisdiction in the county where the individual receiving
24care is found. The county department of developmental disabilities services shall
25reimburse the facility for the actual cost of all authorized care and services less
1applicable collections under s. 46.036, unless the department of health and social
2services determines that a charge is administratively infeasible, or unless the
3department of health and social services, after individual review, determines that
4the charge is not attributable to the cost of basic care and services. The exclusionary
5provisions of s. 46.03 (18) do not apply to direct and indirect costs which are
6attributable to care and treatment of the client. County departments of
7developmental disabilities services may not reimburse any state institution or
8receive credit for collections for care received therein by nonresidents of this state,
9interstate compact clients, transfers under s. 51.35 (3) (a), commitments under s.
10975.01, 1977 stats., or s. 975.02, 1977 stats. or s. 971.14, 971.17 or 975.06, admissions
11under s. 975.17, 1977 stats., or children placed in the guardianship
or legal custody 12of the department of health and social services under s.
48.355, 48.427 or 48.43
or
13under the supervision of the department of corrections under s. 48.355.
AB150-ASA,1054,1815
51.44
(3) (a) From the appropriations under s. 20.435
(7) (3) (bt) and (nL) the
16department shall allocate and distribute funds to counties to provide or contract for
17the provision of early intervention services to individuals eligible to receive the early
18intervention services.
AB150-ASA,1054,2120
51.45
(5) (title)
Community alcohol and other drug abuse prevention pilot
21program.
AB150-ASA, s. 3269
22Section
3269. 51.45 (5) (b) (intro.) of the statutes is amended to read:
AB150-ASA,1055,723
51.45
(5) (b) (intro.) The department shall select, upon application by counties,
24county departments under s. 46.215, 46.22, 46.23, 51.42 or 51.437 in up to 8 counties
25representing various geographical regions and populations and shall, from the
1appropriation under s. 20.435 (7) (f), award
a total of not more than
$500,000 2$250,000 in grants in each fiscal year to the selected county departments to
3participate in a
pilot program to implement and coordinate alcohol and other drug
4abuse programs and services relating to primary prevention. The county
5department in each county receiving funding under this paragraph shall appoint or
6contract with an alcohol and other drug abuse prevention specialist whose duties
7shall include all of the following:
AB150-ASA,1055,129
51.62
(3m) Funding. From the appropriation under s. 20.435 (7) (md), the
10department shall distribute $75,000 in each fiscal year to the protection and
11advocacy agency for performance of community mental health protection and
12advocacy services.
AB150-ASA,1056,614
55.06
(8) (intro.) Before ordering the protective placement of any individual,
15the court shall direct a comprehensive evaluation of the person in need of placement,
16if such an evaluation has not already been made. The court may utilize available
17multidisciplinary resources in the community in determining the need for
18placement. The board designated under s. 55.02 or an agency designated by it shall
19cooperate with the court in securing available resources. Where applicable by reason
20of the particular disability, the appropriate board designated under s. 55.02 or an
21agency designated by it having responsibility for the place of legal residence of the
22individual as provided in s.
49.01 (8g) 49.001 (6) shall make a recommendation for
23placement. If the court is considering placement of the individual in a center for the
24developmentally disabled, the court shall request a statement from the department
25regarding whether the placement is appropriate for the person's needs and whether
1it is consistent with the purpose of the center under s. 51.06 (1) unless testimony was
2provided by the department under sub. (5). A copy of the comprehensive evaluation
3shall be provided to the guardian, the guardian ad litem, and to the individual or
4attorney at least 96 hours in advance of the hearing to determine placement. The
5court or the cooperating agency obtaining the evaluation shall request appropriate
6information which shall include at least the following:
AB150-ASA,1056,238
59.07
(97) Child and spousal support; paternity program; medical support
9liability program. The county board shall contract with the department of
health
10and social services industry, labor and human relations to implement and administer
11the child and spousal support and establishment of paternity and the medical
12support liability programs provided for by Title IV of the federal social security act.
13The board may designate by board resolution any office, officer, board, department
14or agency as the county designee. The board or its designee shall implement and
15administer the programs in accordance with the contract with the state department
16of
health and social services industry, labor and human relations. The attorneys
17responsible for support enforcement under s. 59.458 (1), family court commissioner,
18clerk of court and all other county officials shall cooperate with the county and the
19department
of industry, labor and human relations as necessary to provide the
20services required under the programs. The county shall charge the fee established
21by the department
of industry, labor and human relations under s.
46.25 49.143 for
22services provided under this subsection to persons not receiving assistance under s.
2349.19 or 49.47.
AB150-ASA,1057,5
159.07
(98) Emergency energy relief. Regardless of
the type of general relief
2system used within whether a county
operates a relief program under sub. (154),
3appropriate money for making payments to individuals or providing grants to
4community action agencies, cities, villages and towns to assist persons and families
5in the purchase of emergency energy supplies.
AB150-ASA,1057,107
59.07
(109) Public assistance; false representation. Enact and enforce an
8ordinance to prohibit conduct that is the same as or similar to conduct that is
9prohibited by s.
49.12 49.95 (1) and provide a forfeiture for a violation of the
10ordinance.
AB150-ASA,1057,2112
59.07
(153) (a) In counties having a population of 500,000 or more, determine
13policy for the operation, maintenance and improvement of the county hospital under
14s.
49.16 (2) 49.71 (2) and, notwithstanding the powers and duties specified under s.
1546.21 (2) (k), (3r) and (6) with respect to the county hospital and the administrator
16and specified under s. 46.21 (2) (b), (L), (m), (n), (nm), (o), (p) and (q) and (3g), provide
17for the management of the county hospital as the board considers appropriate, except
18that the employe positions at the hospital will be county employe positions. If the
19board acts under this subsection, the board may not discontinue operation,
20maintenance and improvement of the county hospital under s.
49.16 49.71 (2) and
21shall exercise the duties under s. 46.21 (4m).
AB150-ASA,1057,2423
59.07
(153) (b) This subsection does not apply if the board acts under s. 46.21
24with respect to the county hospital under s.
49.16 (2)
49.71 (2).
AB150-ASA,1058,8
159.07
(154) Operation of relief programs. Operate a program of relief to
2dependent persons residing in a county. The program may provide dependent
3persons with such services, commodities or money as the county determines to be
4reasonable and necessary under the circumstances. The program may include work
5components. The county may enact any ordinances necessary or useful to the
6operation of a relief program under this subsection. Counties may use vehicle
7registration information from the department of transportation in determining
8eligibility for relief programs under this subsection.
AB150-ASA,1058,1210
59.07
(155) Collection of court imposed penalties. Adopt a resolution
11authorizing the clerk of circuit court, under s. 59.396, to contract with a collection
12agency for the collection of unpaid fines and forfeitures.
AB150-ASA,1058,14
1459.145 (title)
Optical disk and electronic storage.
AB150-ASA,1058,2216
59.145
(1) Upon request of any office, department, commission, board or agency
17of the county, the board may authorize any county record that is in the custody of the
18office, department, commission, board or agency to be transferred to
, or maintained
19in, optical disk
or electronic storage in accordance with rules of the department of
20administration under s. 16.612. The board may thereafter authorize destruction of
21the original record
, if appropriate, in accordance with ss. 16.61 (3) (e), 19.21 (5) and
2259.715 to 59.717 unless preservation is required by law.
AB150-ASA, s. 3282
23Section
3282. 59.145 (2) (intro.) of the statutes is amended to read:
AB150-ASA,1059,3
159.145
(2) (intro.) Any copy of a county record generated from optical imaging
2or electronic formatting of an original record is deemed an original record if all of the
3following conditions are met:
AB150-ASA,1059,75
59.145
(2) (a) The devices used to transform the record to optical disk
or
6electronic format and to generate a copy of the record from optical disk
or electronic 7format are ones which accurately reproduce the content of the original.
AB150-ASA,1059,129
59.145
(2) (b) The optical disk
or electronic copy and the copy generated from
10optical disk
or electronic format comply with the minimum standards of quality for
11such copies, as established by the rule of the department of administration under s.
1216.612.
AB150-ASA,1059,1914
59.145
(2) (d) The legal custodian of the record executes a statement of intent
15and purpose describing the record to be transferred to optical disk
or electronic 16format and the disposition of the original record, and executes a certificate verifying
17that the record was received or created and transferred to optical disk
or electronic 18format in the normal course of business and that the statement of intent and purpose
19is properly recorded in his or her office.
AB150-ASA,1060,621
59.145
(4) A copy of a record generated from an original record stored on an
22optical disk
or in electronic format which conforms with the standards prescribed
23under sub. (2) shall be taken as and stand in lieu of and have all of the effect of the
24original record and shall be admissible in evidence in all courts and all other
25tribunals or agencies, administrative or otherwise, in all cases where the original
1document is admissible. A transcript, exemplification or certified copy of such a
2record so generated, for the purposes specified in this subsection, is deemed to be a
3transcript, exemplification or certified copy of the original. An enlarged copy of any
4record so generated, made in accordance with the standards prescribed under sub.
5(2) and certified by the custodian as provided in s. 889.18 (2), has the same effect as
6an actual-size copy.
AB150-ASA,1060,178
59.15
(2) (c) The board may provide, fix or change the salary or compensation
9of any such office, board, commission, committee, position, employe or deputies to
10elective officers without regard to the tenure of the incumbent (except as provided
11in par. (d)) and also establish the number of employes in any department or office
12including deputies to elective officers, and may establish regulations of employment
13for any person paid from the county treasury, but no action of the board shall be
14contrary to or in derogation of the rules and regulations of the department of health
15and social services pursuant to s.
49.50 (2) to (5)
49.33 (4) to (7) relating to employes
16administering old-age assistance, aid to dependent children, aid to the blind and aid
17to totally and permanently disabled persons or ss. 63.01 to 63.17.
AB150-ASA,1061,7
1959.175 Clerks of counties containing state institutions to make claims
20in certain cases. The county clerk of any county which is entitled to reimbursement
21under s. 16.51 (7) shall make a certified claim against the state, without direction
22from the county board, in all cases where the reimbursement is directed in that
23subsection, upon forms prescribed by the department of administration. The forms
24shall contain information required by the clerk and shall be filed annually
with the
25department of corrections on or before June 1.
If the claim is for reimbursement of
1expenses involving a prisoner in a state prison, as defined in s. 302.01, the form shall
2be filed with the department of corrections. If the claim is for reimbursement of
3expenses involving a child in a secured correctional facility, as defined in s. 48.02
4(15m), the form shall be filed with the department of health and social services. If
5the claims are approved by the department of corrections
or the department of health
6and social services, they shall be certified to the department of administration and
7paid from the appropriation
made by under s. 20.410 (1) (c)
or 20.435 (3) (c).