Amendment AA8-ASA1-AB100

AB100-ASA1-AA8, s. 1972b Section 1972b. 49.47 (4) (an) of the statutes is repealed.

AB100-ASA1-AA8, s. 1973b Section 1973b. 49.47 (4) (c) 2. of the statutes is amended to read:

AB100-ASA1-AA8,169,21 49.47 (4) (c) 2. Whenever an applicant has excess income under subd. 1. or par. (am), no certification may be issued until the excess income above the applicable limits has been obligated or expended for medical care or for any other type of remedial care recognized under state law or for personal health insurance premiums or both. No individual is eligible for medical assistance under this subdivision in a month in which the individual is eligible for health care coverage under s. 49.153.".

AB100-ASA1-AA8,169,22 742. Page 845, line 21: after that line insert:

AB100-ASA1-AA8,169,23 " Section 1973t. 49.47 (6) (a) 7. of the statutes is amended to read:

AB100-ASA1-AA8,170,4 49.47 (6) (a) 7. Beneficiaries eligible under sub. (4) (a) 2. or (am) 1., for services under s. 49.46 (2) (a) and (b) that are related to pregnancy, including postpartum services and family planning services, as defined in s. 253.07 (1) (b), or related to other conditions which may complicate pregnancy.".

AB100-ASA1-AA8,170,5 743. Page 846, line 23: after that line insert:

AB100-ASA1-AA8,170,6 " Section 1980p. 49.665 of the statutes is created to read:

AB100-ASA1-AA8,170,7 49.665 Badger care. (1) Definitions. In this section:

AB100-ASA1-AA8,170,8 (a) "Custodial parent" has the meaning given in s. 49.141 (1) (b).

AB100-ASA1-AA8,170,9 (b) "Dependent child" has the meaning given in s. 49.141 (c).

AB100-ASA1-AA8,170,13 (c) "Employer-subsidized health care coverage" means family coverage under a group health insurance plan offered by an employer for which the employer pays at least 75% of the cost, excluding any deductibles or copayments that may be required under the plan.

AB100-ASA1-AA8,170,14 (d) "Family" means a custodial parent and his or her dependent children.

AB100-ASA1-AA8,171,2 (2) Waiver. The department of health and family services shall request a waiver from the secretary of the federal department of health and human services to permit the department of health and family services to implement, beginning not later than July 1, 1998, or the effective date of the waiver, whichever is later, a health care program under this section. If a waiver that is consistent with all of the provisions of this section is granted and in effect, the department of health and family services shall implement the program under this section. The department of health and family services may not implement the program under this section unless a waiver that is consistent with all of the provisions of this section is granted and in effect. The department of health and family services shall promulgate all rules required under this section no later than 60 days after the receipt of the waiver.

AB100-ASA1-AA8,171,12 (3) Administration. The department shall administer a program to provide the health services and benefits described in s. 49.46 (2) to families that meet the eligibility requirements specified in sub. (4). The department shall promulgate rules setting forth the application procedures and appeal and grievance procedures. The department may promulgate rules limiting access to the program under this section to defined enrollment periods. The department may also promulgate rules establishing a method by which the department may purchase family coverage offered by the employer of a member of an eligible family under circumstances in which the department determines that purchasing that coverage would not be more costly than providing the coverage under this section.

AB100-ASA1-AA8,171,14 (4) Eligibility. (a) A family is eligible for health care coverage under this section if the family meets all of the following requirements:

AB100-ASA1-AA8,171,18 1. The family's income does not exceed 185% of the poverty line, except that a family that is already receiving health care coverage under this section may have an income that does not exceed 200% of the poverty line. The department shall establish by rule the criteria to be used to determine income.

AB100-ASA1-AA8,171,20 2. The family does not have access to employer-subsidized health care coverage.

AB100-ASA1-AA8,171,24 3. The family has not had access to employer-subsidized health care coverage within the time period established by the department by rule, but not to exceed 18 months, immediately preceding application for health care coverage under this section. The department may establish exceptions to this subdivision by rule.

AB100-ASA1-AA8,172,3 4. The family meets all other requirements established by the department by rule. In establishing other eligibility criteria, the department may not include any health condition requirements.

AB100-ASA1-AA8,172,5 (b) Notwithstanding fulfillment of the eligibility requirements under this subsection, a family is not entitled to health care coverage under this section.

AB100-ASA1-AA8,172,7 (c) No family may be denied health care coverage under this section solely because of a health condition of any family member.

AB100-ASA1-AA8,172,22 (5) Liability for cost. (a) Except as provided in par. (b), a family that receives health care coverage under this section shall pay a percentage of the cost of that coverage in accordance with a schedule established by the department by rule. If the schedule established by the department requires a family to contribute more than 3.5% of the family's income towards the cost of the health care coverage provided under this section, the department shall submit the schedule to the joint committee on finance for review and approval of the schedule. If the cochairpersons of the joint committee on finance do not notify the department within 14 working days after the date of the department's submittal of the schedule that the committee has scheduled a meeting to review the schedule, the department may implement the schedule. If, within 14 days after the date of the department's submittal of the schedule, the cochairpersons of the committee notify the department that the committee has scheduled a meeting to review the schedule, the department may not require a family to contribute more than 3.5% of the family's income unless the joint committee on finance approves the schedule.

AB100-ASA1-AA8,172,25 (b) The department may not require a family with an income below 133% of the poverty line to contribute to the cost of health care coverage provided under this section.

AB100-ASA1-AA8,173,3 (c) The department may establish by rule requirements for wage withholding as a means of collecting the family's share of the cost of the health care coverage under this section.

AB100-ASA1-AA8,173,8 (6) Annual report. Not later than October 1 of each year, the department shall submit a report to the legislature under s. 13.172 (2) that summarizes enrollment in and cost of the health care program under this section and any other information that the department determines is pertinent information regarding the program under this section.".

AB100-ASA1-AA8,173,9 744. Page 848, line 5: after that line insert:

AB100-ASA1-AA8,173,15 "(bm) The custodial parent assigns to the state any right of the custodial parent or of the dependent child to support from any other person. No amount of support that begins to accrue after the individual ceases to receive payments under this section may be considered assigned to the state. Any money received by the department of workforce development under an assignment to the state under this paragraph shall be paid to the custodial parent.".

AB100-ASA1-AA8,173,16 745. Page 856, line 3: substitute "49.149" for "49. 149".

AB100-ASA1-AA8,173,17 746. Page 856, line 6: after that line insert:

AB100-ASA1-AA8,173,18 " Section 2006r. 50.01 (1g) (g) of the statutes is created to read:

AB100-ASA1-AA8,173,22 50.01 (1g) (g) A residential facility in the village of Union Grove that was authorized to operate without a license under a final judgment entered by a court before January 1, 1982, and that continues to comply with the judgment notwithstanding the expiration of the judgment.".

AB100-ASA1-AA8,173,23 747. Page 865, line 6: delete lines 6 to 14.

AB100-ASA1-AA8,173,24 748. Page 865, line 20: delete lines 20 and 21.

AB100-ASA1-AA8,174,1 749. Page 866, line 7: delete "(c)" and substitute "(d)".

AB100-ASA1-AA8,174,2 750. Page 881, line 10: delete lines 10 to 25.

AB100-ASA1-AA8,174,3 751. Page 882, line 1: delete lines 1 and 2 and substitute:

AB100-ASA1-AA8,174,4 " Section 2112b. 51.13 (1) (a) of the statutes is amended to read:

AB100-ASA1-AA8,174,10 51.13 (1) (a) Except as provided in s. 51.45 (2m), the application for voluntary admission of a minor who is under 14 years of age to an approved inpatient treatment facility shall be executed by a parent who has legal custody of the minor or the minor's guardian. Any statement or conduct by a minor under the age of 14 indicating that the minor does not agree to admission to the facility shall be noted on the face of the application and shall be noted in the petition required by sub. (4).

AB100-ASA1-AA8, s. 2112c Section 2112c. 51.13 (1) (b) of the statutes is repealed.

AB100-ASA1-AA8, s. 2112d Section 2112d. 51.13 (1) (d) of the statutes is amended to read:

AB100-ASA1-AA8,174,18 51.13 (1) (d) A minor against whom a petition or statement has been filed under s. 51.15, 51.20 or 51.45 (12) or (13) may be admitted under this section. The court may permit the minor to become a voluntary patient pursuant to this section upon approval by the court of an application executed pursuant to par. (a), (b) or (c), and the judge shall then dismiss the proceedings under s. 51.15, 51.20 or 51.45. If a hearing is held under this subsection, no hearing under sub. (4) is required.

AB100-ASA1-AA8, s. 2112e Section 2112e. 51.13 (1) (e) of the statutes is amended to read:

AB100-ASA1-AA8,175,6 51.13 (1) (e) A minor may be admitted immediately upon the approval of the application executed under par. (a) or (b) by the treatment director of the facility or his or her designee or, in the case of a center for the developmentally disabled, the director of the center or his or her designee, and the director of the appropriate county department under s. 51.42 or 51.437 if such county department is to be responsible for the cost of the minor's therapy and treatment. Approval shall be based upon an informed professional opinion that the minor is in need of psychiatric services or services for developmental disability, alcoholism or drug abuse, that the treatment facility offers inpatient therapy or treatment which is appropriate for the minor's needs and that inpatient care in the facility is the least restrictive therapy or treatment consistent with the minor's needs.

AB100-ASA1-AA8, s. 2112f Section 2112f. 51.13 (2) (a) of the statutes is amended to read:

AB100-ASA1-AA8,175,14 51.13 (2) (a) A minor may be admitted to an inpatient treatment facility without complying with the requirements of this section if the admission does not involve the department or a county department under s. 51.42 or 51.437, or a contract between a treatment facility and the department or between a treatment facility and a county department. The application for voluntary admission of a minor who is 14 years of age or over shall be executed by the minor and a parent who has legal custody of the minor or the minor's guardian.

AB100-ASA1-AA8, s. 2112g Section 2112g. 51.13 (2) (b) of the statutes is repealed.

AB100-ASA1-AA8, s. 2112h Section 2112h. 51.13 (2) (d) of the statutes is repealed.

AB100-ASA1-AA8, s. 2112i Section 2112i. 51.13 (3) (b) of the statutes is repealed.

AB100-ASA1-AA8, s. 2112j Section 2112j. 51.13 (3) (c) of the statutes is amended to read:

AB100-ASA1-AA8,175,22 51.13 (3) (c) A minor under 14 years of age and his or her parent or guardian shall also be informed by the director or his or her designee, both orally and in writing, in easily understandable language, of the minor's right to a hearing to determine continued appropriateness of the admission as provided in sub. (7).

AB100-ASA1-AA8, s. 2112k Section 2112k. 51.13 (3) (e) of the statutes is amended to read:

AB100-ASA1-AA8,176,2 51.13 (3) (e) Writing materials for use in requesting a hearing or discharge under this section shall be made available to minors at all times by every inpatient treatment facility. The staff of each such facility shall assist minors in preparing and submitting requests for discharge or hearing hearings.

AB100-ASA1-AA8, s. 2112L Section 2112L. 51.13 (4) (a) (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,176,11 51.13 (4) (a) (intro.) Within 3 days of after the admission of a minor under sub. (1), or within 3 days of after application for admission of the minor, whichever occurs first, the treatment director of the facility to which the minor is admitted or, in the case of a center for the developmentally disabled, the director of the center, shall file a verified petition for review of the admission in the court assigned to exercise jurisdiction under chs. 48 and 938 in the county in which the facility is located. A copy of the application for admission and of any relevant professional evaluations shall be attached to the petition. The petition shall contain all of the following:

AB100-ASA1-AA8, s. 2112m Section 2112m. 51.13 (4) (c) of the statutes is amended to read:

AB100-ASA1-AA8,176,14 51.13 (4) (c) A copy of the petition shall be provided by the petitioner to the minor and his or her parents or guardian within 5 days of after admission.

AB100-ASA1-AA8, s. 2112n Section 2112n. 51.13 (4) (d) of the statutes is amended to read:

AB100-ASA1-AA8,177,12 51.13 (4) (d) Within 5 days of after the filing of the petition, the court assigned to exercise jurisdiction under chs. 48 and 938 shall determine, based on the allegations of the petition and accompanying documents, whether the admission is voluntary on the part of the minor if the minor is 14 years of age or older and whether there is a prima facie showing that the minor is in need of psychiatric services, or services for developmental disability, alcoholism or drug abuse, that the treatment facility offers inpatient therapy or treatment which is appropriate to the minor's needs, and that inpatient care in the treatment facility is the least restrictive therapy or treatment consistent with the needs of the minor. If such a showing is made, the court shall permit voluntary admission. If the court is unable to make such those determinations based on the petition and accompanying documents, it shall the court may dismiss the petition as provided in par. (h); or order additional information to be produced as it deems necessary for the court to make such review, and make such those determinations within 14 days of after admission or application for admission, whichever is sooner; or it may hold a hearing within 14 days of after admission or application for admission, whichever is sooner. If a notation of the minor's unwillingness appears on the face of the petition, or if a hearing has been requested by the minor, the minor's counsel, parent or guardian, the court shall hold a hearing to review the admission within 14 days of after admission or application for admission, whichever is sooner, and shall appoint counsel to represent the minor if the minor is unrepresented. If the court deems considers it necessary, it the court shall also appoint a guardian ad litem to represent the minor.

AB100-ASA1-AA8, s. 2112p Section 2112p. 51.13 (4) (g) (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,178,5 51.13 (4) (g) (intro.) If the court finds that the minor is in need of psychiatric services, or services for developmental disability, alcoholism or drug abuse in an inpatient facility, and that the inpatient facility to which the minor is admitted offers therapy or treatment which that is appropriate for the minor's needs and which that is the least restrictive therapy or treatment consistent with the minor's needs and, in the case of a minor aged 14 or older, the application is voluntary on the part of the minor, it, the court shall permit voluntary admission. If the court finds that the therapy or treatment in the inpatient facility to which the minor is admitted is not appropriate or is not the least restrictive therapy or treatment consistent with the minor's needs, the court may order placement in or transfer to another more appropriate or less restrictive inpatient facility, except that the court may not permit or order placement in or transfer to the northern or southern centers a center for the developmentally disabled of a minor unless the department gives approval for the placement or transfer has authorized that center for the developmentally disabled for the placement or transfer of minors generally or for the placement or transfer of that minor specifically, and if the order of the court is approved by all of the following if applicable:

AB100-ASA1-AA8, s. 2112q Section 2112q. 51.13 (4) (g) 1. of the statutes is repealed.

AB100-ASA1-AA8, s. 2112r Section 2112r. 51.13 (6) (a) of the statutes is amended to read:

AB100-ASA1-AA8,178,15 51.13 (6) (a) A minor may be admitted to an inpatient treatment facility without review of the application under sub. (4) for diagnosis and evaluation or for dental, medical or psychiatric services for a period not to exceed 12 days. The application for short-term admission of a minor shall be executed by the minor's parent or guardian, and by the minor if he or she is 14 years of age or older. A minor may not be readmitted to an inpatient treatment facility for psychiatric services under this paragraph within 120 days of after a previous admission under this paragraph.

AB100-ASA1-AA8, s. 2112s Section 2112s. 51.13 (7) (title), (a) and (b) of the statutes are repealed.

AB100-ASA1-AA8, s. 2112sm Section 2112sm. 51.13 (7) (c) of the statutes is renumbered 51.13 (7) and amended to read:

AB100-ASA1-AA8,179,12 51.13 (7) (title) Continued appropriateness of admission. Any minor under 14 years of age who is voluntarily admitted under this section may submit a written request to the court for a hearing to determine the continued appropriateness of the admission. If the director or staff of the inpatient treatment facility to which a minor under the age of 14 is admitted observes conduct by the minor which demonstrates an unwillingness to remain at the facility, including but not limited to a written expression of opinion or unauthorized absence, the director shall file a written request with the court to determine the continued appropriateness of the admission. A request which that is made personally by a minor under this paragraph subsection shall be signed by the minor but need not be written or composed by him or her. A request for a hearing under this paragraph which subsection that is received by staff or the director of the facility in which the child is admitted shall be filed with the court by the director. The court shall order a hearing upon request if no hearing concerning the minor's admission has been held within 120 days of receipt of before the request is received. The court shall appoint counsel and, if the court deems considers it necessary, a guardian ad litem to represent the minor and if. If a hearing is held, the court shall hold the hearing within 14 days of after the request, unless the parties agree to a longer period. After the hearing, the court shall make disposition dispose of the matter in the manner provided in sub. (4).

AB100-ASA1-AA8, s. 2112t Section 2112t. 51.14 (3) (a) of the statutes is amended to read:

AB100-ASA1-AA8,179,18 51.14 (3) (a) Either a A minor 14 years of age or older or his or her parent or guardian may petition the mental health review officer in the county in which the parent or guardian has residence for a review of a refusal of either the minor or his or her parent or guardian to provide the informed consent for outpatient mental health treatment required under s. 51.61 (6).

AB100-ASA1-AA8, s. 2112tm Section 2112tm. 51.14 (3) (b) 3. of the statutes is amended to read:

AB100-ASA1-AA8,179,21 51.14 (3) (b) 3. The facts substantiating the petitioner's minor's belief that the minor he or she needs outpatient mental health treatment.

AB100-ASA1-AA8, s. 2112u Section 2112u. 51.14 (3) (b) 4. of the statutes is amended to read:

AB100-ASA1-AA8,180,2 51.14 (3) (b) 4. Any available information which substantiates the appropriateness of the particular treatment sought for by the minor and that the particular treatment sought is the least restrictive treatment consistent with the needs of the minor.

AB100-ASA1-AA8, s. 2112um Section 2112um. 51.14 (3) (g) of the statutes is amended to read:

AB100-ASA1-AA8,180,9 51.14 (3) (g) Within 21 days after the filing of a petition under this subsection, the mental health review officer shall hold a hearing on the refusal of the minor or the minor's parent or guardian to provide informed consent for outpatient treatment. The mental health review officer shall provide notice of the date, time and place of the hearing to the minor and the minor's parent or guardian at least 96 hours prior to the hearing.

AB100-ASA1-AA8, s. 2112v Section 2112v. 51.14 (3) (h) (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,180,18 51.14 (3) (h) (intro.) If following the hearing under par. (g) and after taking into consideration the recommendations, if any, of the county department under s. 51.42 or 51.437 made under par. (e), the mental health review officer finds all of the following, he or she shall issue a written order that, notwithstanding the written, informed consent requirement of s. 51.61 (6), the written, informed consent of the minor, if the minor is refusing to provide consent, or the written, informed consent of the minor's parent or guardian, if the parent or guardian is refusing to provide consent, is not required for outpatient mental health treatment for the minor:

AB100-ASA1-AA8, s. 2112vm Section 2112vm. 51.14 (4) (a) of the statutes is amended to read:

AB100-ASA1-AA8,181,2 51.14 (4) (a) Within 21 days after the issuance of the order by the mental health review officer under sub. (3) or if the requirements of sub. (3) (f) are satisfied, the minor or his or her parent or guardian may petition a court assigned to exercise jurisdiction under ch. chs. 48 and 938 in the county of residence of the minor's parent or guardian for a review of the refusal of either the minor or his or her the parent or guardian to provide the informed consent for outpatient mental health treatment required under s. 51.61 (6).

AB100-ASA1-AA8, s. 2112w Section 2112w. 51.14 (4) (b) of the statutes is amended to read:

AB100-ASA1-AA8,181,6 51.14 (4) (b) The petition in par. (a) shall conform to the requirements set forth in sub. (3) (b). If the minor has refused to provide informed consent, a notation of this fact shall be made on the face of the petition.

AB100-ASA1-AA8, s. 2112wm Section 2112wm. 51.14 (4) (c) of the statutes is amended to read:

AB100-ASA1-AA8,181,14 51.14 (4) (c) If a notation of a minor's refusal to provide informed consent to outpatient mental health treatment appears on the petition, the court shall, at least 7 days prior to the time scheduled for the hearing, appoint counsel to represent the minor if the minor is unrepresented. If the minor's parent or guardian has refused to provide informed consent and the minor is unrepresented, the court shall appoint counsel to represent the minor, if requested by the minor or determined by the court to be in the best interests of the minor.

AB100-ASA1-AA8, s. 2112x Section 2112x. 51.14 (4) (g) (intro.) of the statutes is amended to read:

AB100-ASA1-AA8,181,22 51.14 (4) (g) (intro.) After the hearing under this subsection, the court shall issue a written order stating that, notwithstanding the written, informed consent requirement of s. 51.61 (6), the written, informed consent of the minor, if the minor refuses to provide consent, or the written, informed consent of the parent or guardian, if the parent or guardian refuses to provide consent, is not required for outpatient mental health treatment for the minor if the court finds all of the following:".

AB100-ASA1-AA8,181,23 752. Page 883, line 14: after that line insert:

AB100-ASA1-AA8,181,24 " Section 2115d. 51.20 (16) (a) of the statutes is amended to read:

AB100-ASA1-AA8,182,6 51.20 (16) (a) Except in the case of alcoholic commitments under s. 51.45 (13), any patient who is involuntarily committed for treatment under this chapter, may on the patient's own verified petition, except in the case of a minor who is under 14 years of age, or on the verified petition of the patient's guardian, relative, friend, or any person providing treatment under the order of commitment, request a reexamination or request the court to modify or cancel an order of commitment.

AB100-ASA1-AA8, s. 2115g Section 2115g. 51.22 (2) of the statutes is amended to read: