AB150: Bill Text

AB150,1142,13 (2) No person may do any of the following:

AB150,1142,16 (a) Intentionally prevent, interfere with or impede an investigation by the department of an alleged violation or enforcement by the department of a requirement of this subchapter or the rules promulgated under this subchapter.

AB150,1142,18 (b) Intentionally retaliate or discriminate against a patient or rural medical center employe for doing any of the following:

AB150,1142,20 1. Contacting or providing information to a state agency, as defined in s. 16.004 (12) (a).

AB150,1142,22 2. Initiating, participating in or testifying in an action to enforce any provision of this subchapter or rules promulgated under this subchapter.

AB150,1142,25 (c) Intentionally destroy or modify the original report of an inspection that the department conducts under this subchapter or the rules promulgated under this subchapter.

AB150,1143,4 50.55 Penalties and remedies. (1) Forfeitures. (a) Any person who violates this subchapter or any rule promulgated under this subchapter, except s. 50.54 (2), may be required to forfeit not less than $100 nor more than $500 for each offense. Each day of continued violation constitutes a separate offense.

AB150,1143,7 (b) In determining whether a forfeiture is to be imposed and in fixing the amount of the forfeiture to be imposed, if any, for a violation, the department shall consider all of the following factors:

AB150,1143,8 1. The gravity of the violation.

AB150,1143,9 2. Good faith exercised by the licensee.

AB150,1143,10 3. Any previous violations committed by the licensee.

AB150,1143,12 4. The financial benefit to the rural medical center of committing or continuing to commit the violation.

AB150,1143,18 (c) The department may directly assess forfeitures provided for under par. (a). If the department determines that a forfeiture should be assessed for a particular violation or for failure to correct it, the department shall send a notice of assessment to the rural medical center. The notice shall specify the amount of the forfeiture assessed, the violation, and the statute or rule alleged to have been violated, and shall inform the licensee of the right to a hearing under par. (d).

AB150,1143,24 (d) A rural medical center may contest an assessment of forfeiture by sending, within 10 days after receipt of notice under par. (c), a written request for hearing under s. 227.44 to the division of hearings and appeals under s. 15.103 (1). The division shall commence the hearing within 30 days after receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227.

AB150,1144,5 (e) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (d), within 10 days after receipt of the final decision, unless the final decision is appealed and the decision is in favor of the appellant. The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.

AB150,1144,7 (2) Other penalty. Whoever violates s. 50.54 (2) may be fined not more than $1,000 or imprisoned for not more than 6 months or both.

AB150,1144,15 (3) Injunction. The department may, upon the advice of the attorney general, who shall represent the department in all proceedings under this subsection, institute an action in the name of the state in the circuit court for Dane County for injunctive relief or other process against any licensee, owner, operator, administrator or representative of any owner of a rural medical center for the violation of any of the provisions of this subchapter or rules promulgated under this subchapter if the department determines that the violation seriously affects the health, safety or welfare of patients.

AB150,1144,19 50.56 Applicability. Nothing in this subchapter or in rules promulgated under this subchapter may be construed to limit the applicability of statutes or rules promulgated under statutes that are not in this subchapter to a person or entity that is required to be licensed as a rural medical center.

AB150, s. 3249 Section 3249. 51.01 (14) of the statutes is amended to read:

AB150,1144,22 51.01 (14) "Residence", "legal residency" or "county of residence" has the meaning given under s. 49.01 (8g) 49.001 (6).

AB150, s. 3250 Section 3250. 51.02 (1) (b) of the statutes is amended to read:

AB150,1145,2 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.

AB150, s. 3251 Section 3251. 51.04 of the statutes is amended to read:

AB150,1145,12 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.

AB150, s. 3252 Section 3252. 51.15 (2) (intro.) of the statutes is amended to read:

AB150,1145,17 51.15 (2) Facilities for detention. (intro.) The law enforcement officer shall transport the individual, or cause him or her to be transported for detention and for evaluation, diagnosis and treatment if permitted under sub. (8) to any of the following facilities:

AB150, s. 3253 Section 3253. 51.15 (4) (b) of the statutes is amended to read:

AB150,1146,13 51.15 (4) (b) Upon delivery of the individual, the treatment director of the facility, or his or her designee, shall determine within 24 hours whether the individual shall be detained, or shall be detained, evaluated, diagnosed and treated, if evaluation, diagnosis and treatment is are permitted under sub. (8), and shall either release the individual or detain him or her for a period not to exceed 72 hours after delivery of the individual, exclusive of Saturdays, Sundays and legal holidays. If the treatment director, or his or her designee, determines that the individual is not eligible for commitment under s. 51.20 (1) (a), the treatment director shall release the individual immediately, unless otherwise authorized by law. If the individual is detained, the treatment director or his or her designee may supplement in writing the statement filed by the law enforcement officer, and shall designate whether the subject individual is believed to be mentally ill, developmentally disabled or drug dependent, if no designation was made by the law enforcement officer. The director or designee may also include other specific information concerning his or her belief that the individual meets the standard for commitment. The treatment director or designee shall then promptly file the original statement together with any supplemental statement and notification of detention with the court having probate jurisdiction in the county in which the individual was taken into custody. The filing of the statement and notification has the same effect as a petition for commitment under s. 51.20.

AB150, s. 3254 Section 3254. 51.15 (8) of the statutes is amended to read:

AB150,1146,22 51.15 (8) (title) Treatment Evaluation, diagnosis and treatment. When an individual is detained under this section, the director and staff of the treatment facility may evaluate, diagnose and treat the individual during detention, if the individual consents. The individual has a right to refuse medication and treatment as provided in s. 51.61 (1) (g) and (h). The individual shall be advised of that right by the director of the facility or his or her designee, and a report of any evaluation and diagnosis and of all treatment provided shall be filed by that person with the court.

AB150, s. 3255 Section 3255. 51.15 (10) of the statutes is amended to read:

AB150,1147,8 51.15 (10) Voluntary patients. If an individual has been admitted to an approved treatment facility under s. 51.10 or 51.13, or has been otherwise admitted to such facility, the treatment director or his or her designee, if conditions exist for taking the individual into custody under sub. (1), may sign a statement of emergency detention and may detain, or detain, evaluate, diagnose and treat, such the individual as provided in this section. In such case, the treatment director shall undertake all responsibilities which that are required of a law enforcement officer under this section. The treatment director shall promptly file the statement with the court having probate jurisdiction in the county of detention as provided in this section.

AB150, s. 3256 Section 3256. 51.15 (11) of the statutes is amended to read:

AB150,1147,17 51.15 (11) Liability. Any individual acting who acts in accordance with this section, including making a determination that an individual has or does not have mental illness or evidences or does not evidence a substantial probability of harm under sub. (1) (a) 1., 2., 3. or 4., is not liable for any actions taken in good faith. The good faith of the individual actor shall be presumed in any civil action. Any person who Whoever asserts that the individual acting who acts in accordance with this section has not acted in good faith has the burden of proving that assertion by evidence that is clear, satisfactory and convincing.

AB150, s. 3257 Section 3257. 51.15 (11g) of the statutes is created to read:

AB150,1147,22 51.15 (11g) Other liability. Subsection (11) applies to a director of a facility, as specified in sub. (2), or his or her designee, who under a court order evaluates, diagnoses or treats an individual who is confined in a jail, if the individual consents to the evaluation, diagnosis or treatment.

AB150, s. 3258 Section 3258. 51.35 (3) (a) of the statutes is amended to read:

AB150,1148,20 51.35 (3) (a) A licensed psychologist of a juvenile correctional facility under s. 48.52 or 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 health and social services, upon review of a request for transfer, determines that transfer is appropriate, the department of health and social services may immediately transfer the individual. If the department of corrections, upon review of a request for a transfer, determines that transfer is appropriate, it 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 transferring the individual 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.

AB150, s. 3259 Section 3259. 51.35 (3) (e) of the statutes is amended to read:

AB150,1149,14 51.35 (3) (e) The department of health and social services or 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.

AB150, s. 3260 Section 3260. 51.42 (3) (aw) 1. d. of the statutes is amended to read:

AB150,1149,21 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.

AB150, s. 3261 Section 3261. 51.42 (3) (d) 12. f. of the statutes is amended to read:

AB150,1150,14 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.

AB150, s. 3262 Section 3262. 51.42 (3) (e) of the statutes is amended to read:

AB150,1150,25 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.

AB150, s. 3263 Section 3263. 51.421 (1) of the statutes is amended to read:

AB150,1151,10 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.

AB150, s. 3264 Section 3264. 51.423 (2) of the statutes is amended to read:

AB150,1152,2 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.

AB150, s. 3265 Section 3265. 51.423 (5) (a) (intro.) of the statutes is amended to read:

AB150,1152,6 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:

AB150, s. 3266 Section 3266. 51.437 (4rm) (a) of the statutes is amended to read:

AB150,1153,10 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 under the supervision of the department of health and social services under s. 48.355, 48.427 or 48.43 or in the legal custody of the department of corrections under s. 48.34 (4g).

AB150, s. 3267 Section 3267. 51.44 (3) (a) of the statutes is amended to read:

AB150,1153,15 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.

AB150, s. 3268 Section 3268. 51.45 (5) (title) of the statutes is amended to read:

AB150,1153,18 51.45 (5) (title) Community alcohol and other drug abuse prevention pilot program.

AB150, s. 3269 Section 3269. 51.45 (5) (b) (intro.) of the statutes is amended to read:

AB150,1154,4 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 under s. 20.435 (7) (f), award a total of not more than $500,000 $250,000 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:

AB150, s. 3270 Section 3270. 51.45 (5) (c) of the statutes is amended to read:

AB150,1154,8 51.45 (5) (c) County matching funds equal to 9.89% of the total amount received by a county department under par. (b) are required for receipt of the allocation under par. (b).

AB150, s. 3271 Section 3271. 55.06 (8) (intro.) of the statutes is amended to read:

AB150,1155,2 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:

AB150, s. 3272 Section 3272. 59.01 (1) of the statutes is amended to read:

AB150,1155,11 59.01 (1) Status. Each county in this state is a body corporate, empowered to sue and be sued, to acquire and hold, lease or rent real and personal estate for public uses or purposes, including lands acquired under ch. 75, to sell, lease and convey the same, including the authority to enter into leases or contracts with the state for a period of years for the uses and purposes specified in s. ss. 23.09 (2) (d) and 27.01 (2) (a), to make such contracts and to do such other acts as are necessary and proper to the exercise of the powers and privileges granted and the performance of the legal duties charged upon it.

AB150, s. 3273 Section 3273. 59.07 (1) (a) of the statutes is amended to read:

AB150,1155,22 59.07 (1) (a) How acquired; purposes. Take and hold land acquired under ch. 75 and acquire, lease or rent property, real and personal, for public uses or purposes of any nature, including without limitation acquisitions for county buildings, airports, parks, recreation, highways, dam sites in parks, parkways and playgrounds, flowages, sewage and waste disposal for county institutions, lime pits for operation under s. 59.873, equipment for clearing and draining land and controlling weeds for operation under s. 59.874, ambulances, acquisition and transfer of real property to the state for new collegiate institutions or research facilities, and for transfer to the state for state parks and for the uses and purposes specified in s. ss. 23.09 (2) (d) and 27.01 (2) (a).

AB150, s. 3274 Section 3274. 59.07 (27) of the statutes is amended to read:

AB150,1156,3 59.07 (27) County boards' association. By a two-thirds majority vote of the members-elect, purchase membership in an association of county boards for the protection of county interests and the furtherance of better county government.

AB150, s. 3275 Section 3275. 59.07 (98) of the statutes is amended to read:

AB150,1156,9 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.

AB150, s. 3276 Section 3276. 59.07 (109) of the statutes is amended to read:

AB150,1156,14 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.

****Note: This is reconciled s. 59.07 (109). This Section has been affected by drafts with the following LRB numbers: -1701/3 and -2153/1.

AB150, s. 3277 Section 3277. 59.07 (153) (a) of the statutes is amended to read:

AB150,1157,2 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).

AB150, s. 3278 Section 3278. 59.07 (153) (b) of the statutes is amended to read:

AB150,1157,5 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).

AB150, s. 3279 Section 3279. 59.07 (154) of the statutes is created to read:

AB150,1157,14 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.

AB150, s. 3280 Section 3280. 59.145 (title) of the statutes is amended to read:

AB150,1157,16 59.145 (title) Optical disk and electronic storage.

AB150, s. 3281 Section 3281. 59.145 (1) of the statutes is amended to read:

AB150,1157,24 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.

AB150, s. 3282 Section 3282. 59.145 (2) (intro.) of the statutes is amended to read:

AB150,1158,3 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:

AB150, s. 3283 Section 3283. 59.145 (2) (a) of the statutes is amended to read:

AB150,1158,7 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.