Amendment ASA1-AB100

AB100-ASA1,873,7 50.535 Reporting. Every 24 months, on a schedule determined by the department, a licensed rural medical center shall submit a biennial report in the form and containing the information that the department requires, including payment of the fee required under s. 50.51 (2) (c). If a complete annual report is not timely filed, the department shall issue a warning to the licensee. The department may revoke the license for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.

AB100-ASA1, s. 1644 Section 1644. 50.56 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,873,13 50.56 (1) (intro.) Any of the following facilities or entities is not required to obtain licensure or a certificate of approval under the following statutes or to pay initial or renewal license fees under the following statutes if all of the services of the facility or entity are provided as a part of a rural medical center that holds a current, valid license under this subchapter:

AB100-ASA1, s. 1645 Section 1645. 50.57 of the statutes is created to read:

AB100-ASA1,873,21 50.57 Fees permitted for a workshop or seminar. If the department develops and provides a workshop or seminar relating to the provision of services by rural medical centers under this subchapter, the department may establish a fee for each workshop or seminar and impose the fee on registrants for the workshop or seminar. A fee so established and imposed shall be in an amount sufficient to reimburse the department for the costs directly associated with developing and providing the workshop or seminar.

AB100-ASA1, s. 1646 Section 1646. 50.92 (2) of the statutes is amended to read:

AB100-ASA1,874,2 50.92 (2) The department shall issue an initial license or a renewal of a license if the department finds that the applicant is fit and qualified and that the hospice meets the requirements of this subchapter and the rules promulgated under this subchapter.

AB100-ASA1, s. 1647 Section 1647. 50.92 (4) (a) of the statutes is amended to read:

AB100-ASA1,874,16 50.92 (4) (a) In lieu of inspecting or investigating a hospice under sub. (3) prior to issuance of an initial a license, the department may accept evidence that a hospice applying for licensure under s. 50.93 has been inspected under and is currently certified as meeting the conditions for medicare participation under 42 USC 1395 to 1395ccc. In lieu of inspecting or investigating a hospice under sub. (3) prior to issuance of a license renewal, the department shall accept evidence that a hospice applying for licensure under s. 50.93 has been inspected under and is currently certified as meeting the conditions for medicare participation under 42 USC 1395 to 1395ccc. The department shall inspect or investigate under sub. (3) prior to issuance of an initial license or a renewal of a license If a hospice that fails to meet the conditions for medicare participation under 42 USC 1395 to 1395ccc , the department shall inspect or investigate the hospice under sub. (3) before initially issuing a license for the hospice.

AB100-ASA1, s. 1648 Section 1648. 50.92 (4) (b) of the statutes is amended to read:

AB100-ASA1,874,25 50.92 (4) (b) In lieu of inspecting or investigating a hospice under sub. (3) prior to issuance of an initial license or a renewal of a license, the department may accept evidence that a hospice applying for licensure under s. 50.93 has been inspected under and is currently in compliance with the hospice requirements of the joint commission for the accreditation of health organizations. A hospice shall provide the department with a copy of the report by the joint commission for the accreditation of health organizations of each periodic review the association conducts of the hospice.

AB100-ASA1, s. 1649 Section 1649. 50.92 (5) of the statutes is amended to read:

AB100-ASA1,875,10 50.92 (5) The past record of violations of applicable laws or regulations of the United States or of state statutes or rules of this or any other state, in the operation of any health-related organization, by an operator, managing employe or direct or indirect owner of a hospice or of an interest of a hospice is relevant to the issue of the fitness of an applicant for receipt of an initial license or the renewal of a license. The department or the department's designated representative shall inspect and investigate as necessary to determine the conditions existing in each case under this subsection and shall prepare and maintain a written report concerning the investigation and inspection.

AB100-ASA1, s. 1650 Section 1650. 50.93 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,875,13 50.93 (1) Application. (intro.) The application for an initial license, for renewal of a license or for a provisional license shall:

AB100-ASA1, s. 1651 Section 1651. 50.93 (1) (c) of the statutes is amended to read:

AB100-ASA1,876,9 50.93 (1) (c) Include licensing fee payment, unless the licensing fee is waived by the department on a case-by-case basis under criteria for determining financial hardship established in rules promulgated by the department. An initial licensing fee is $300, except that, for a hospice that is a nonprofit corporation and that is served entirely by uncompensated volunteers or employs persons in not more than 1.5 positions at 40 hours of employment per week, the initial licensing fee is $25. The renewal annual fee thereafter is an amount equal to 0.15% of the net annual income of the hospice, based on the most recent annual report of the hospice under par. (d) sub. (3m), or, if that amount is less than $200, the renewal fee is $200, whichever is greater, and if that the amount equal to 0.15% of the net annual income of the hospice is greater than $1,000, the renewal fee is $1,000, except that for a hospice that is a nonprofit corporation and that is served entirely by uncompensated volunteers or employs persons in not more than 1.5 positions at 40 hours of employment per week the renewal annual fee is $10. The amount of the provisional licensing fee shall be established under s. 50.95 (2). The initial licensing fee for an initial license a hospice, including the initial licensing fee for a hospice that is a nonprofit corporation and that is served entirely by uncompensated volunteers or employs persons in not more than 1.5 positions at 40 hours of employment per week, issued after September 1 shall may be prorated according to the number of full months remaining in the license period.

AB100-ASA1, s. 1652 Section 1652. 50.93 (1) (d) of the statutes is repealed.

AB100-ASA1, s. 1653 Section 1653. 50.93 (2) (title) of the statutes is amended to read:

AB100-ASA1,876,12 50.93 (2) (title) Issuance of initial license or license renewal.

AB100-ASA1, s. 1654 Section 1654. 50.93 (2) (a) of the statutes is amended to read:

AB100-ASA1,876,16 50.93 (2) (a) Unless sooner revoked or suspended, an initial A hospice license or renewal of a license issued to a hospice is valid for 12 months from the date of issuance until suspended or revoked.

AB100-ASA1, s. 1655 Section 1655. 50.93 (2) (b) of the statutes is repealed.

AB100-ASA1, s. 1656 Section 1656. 50.93 (2) (d) of the statutes is amended to read:

AB100-ASA1,876,21 50.93 (2) (d) Any initial license or renewal of a license shall state any additional information or granted under special limitations prescribed by the department shall state the limitations.

AB100-ASA1, s. 1657 Section 1657. 50.93 (3m) of the statutes is created to read:

AB100-ASA1,877,7 50.93 (3m) Reporting. Every 12 months, on a schedule determined by the department, a licensed hospice shall submit an annual report in the form and containing the information that the department requires, including payment of the fee required under sub. (1) (c), evidence of current certification as meeting the conditions for medicare participation under 42 USC 1395 to 1395ccc and evidence of current compliance with the hospice requirements of the joint commission for the accreditation of health organizations. If a complete annual report is not timely filed, the department shall issue a warning to the licensee. The department may revoke the license for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.

AB100-ASA1, s. 1658 Section 1658. 50.93 (4) (title) of the statutes is amended to read:

AB100-ASA1,877,9 50.93 (4) (title) Suspension, nonrenewal and revocation.

AB100-ASA1, s. 1659 Section 1659. 50.93 (4) (a) of the statutes is amended to read:

AB100-ASA1,877,16 50.93 (4) (a) The department, after notice to the applicant or licensee, may suspend, or revoke or refuse to renew a license in any case in which the department finds that there has been a substantial failure to comply with the requirements of this subchapter or the rules promulgated under this subchapter. No state or federal funds passing through the state treasury may be paid to a hospice not having a valid license issued under this section.

AB100-ASA1, s. 1660 Section 1660. 50.93 (4) (b) of the statutes is amended to read:

AB100-ASA1,877,21 50.93 (4) (b) Notice under this subsection shall include a clear and concise statement of the violations on which the nonrenewal or revocation is based, the statute or rule violated and notice of the opportunity for an evidentiary hearing under par. (c).

AB100-ASA1, s. 1661 Section 1661. 50.93 (4) (c) of the statutes is amended to read:

AB100-ASA1,877,25 50.93 (4) (c) If a hospice desires to contest the nonrenewal or revocation of a license, the hospice shall, within 10 days after receipt of notice under par. (b), notify the department in writing of its request for a hearing under s. 227.44.

AB100-ASA1, s. 1662 Section 1662. 50.93 (4) (d) 2. of the statutes is repealed.

AB100-ASA1, s. 1663 Section 1663. 50.93 (4) (d) 3. of the statutes is amended to read:

AB100-ASA1,878,5 50.93 (4) (d) 3. The department may extend the effective date of license revocation or expiration in any case in order to permit orderly removal and relocation of individuals served by the hospice.

AB100-ASA1, s. 1664 Section 1664. 50.95 (5) of the statutes is amended to read:

AB100-ASA1,878,8 50.95 (5) Criteria for determining that the applicant for initial licensure or license renewal is fit and qualified.

AB100-ASA1, s. 1665 Section 1665. 50.981 of the statutes is created to read:

AB100-ASA1,878,16 50.981 Fees permitted for a workshop or seminar. If the department develops and provides a workshop or seminar relating to the provision of services by hospices under this subchapter, the department may establish a fee for each workshop or seminar and impose the fee on registrants for the workshop or seminar. A fee so established and imposed shall be in an amount sufficient to reimburse the department for the costs directly associated with developing and providing the workshop or seminar.

AB100-ASA1, s. 2106b Section 2106b. 51.05 (3g) of the statutes is amended to read:

AB100-ASA1,878,24 51.05 (3g) Beginning October 1, 1994, the The department shall annually increase rates charged for the various types of services provided by the mental health institutes by amounts that equal an average of at least a 10% total increase in rates reduce by $500,000 the amount by which accumulated expenses of providing care to patients of the mental health institutes exceed the accumulated revenues from providing that care, until the accumulated revenues of the mental health institutes are in balance with the accumulated expenses of the mental health institutes.

AB100-ASA1, s. 1666 Section 1666. 51.05 (3m) of the statutes is amended to read:

AB100-ASA1,879,17 51.05 (3m) Notwithstanding s. 20.903 (1), the department shall implement a plan that is approved by the department of administration to assure that, before July 1, 1999, there are sufficient revenues, as projected by the department of health and family services, to cover anticipated expenditures by that date under the appropriation under s. 20.435 (2) (gk) for the purpose of reimbursing the provision of care to patients of the Mendota mental health institute or the Winnebago mental health institute and to ensure that the department complies with sub. (3g). The department of health and family services shall make reports to the department of administration every 3 months, beginning on October 1, 1993, and ending on July 1, 1999, concerning the implementation of this plan. The department of health and family services shall make reports to the joint committee on finance by December 31 of each year that identify the change, during the preceding fiscal year, in the amount by which the accumulated expenses of providing care to patients of the mental health institutes exceed the accumulated revenues from providing that care; describe the actions taken by the department during the preceding fiscal year to reduce that amount; and describe the actions that the department is taking during the current year to reduce that amount.

AB100-ASA1, s. 1667 Section 1667. 51.05 (5) of the statutes is amended to read:

AB100-ASA1,880,2 51.05 (5) School activities. If an individual over the age of 2 and under the age of 22 and eligible for schooling under ss. 115.76 (2) and 115.85 is committed, admitted or transferred to or is a resident of the Mendota mental health institute or Winnebago mental health institute, the individual shall attend a school program operated by the applicable mental health institute or a school outside the applicable mental health institute which is approved by the department of education public instruction. A school program operated by the Mendota mental health institute or Winnebago mental health institute shall be under the supervision of the department of education public instruction and shall meet standards prescribed by that agency.

AB100-ASA1, s. 2109m Section 2109m. 51.06 (title) of the statutes is amended to read:

AB100-ASA1,880,4 51.06 (title) Centers Center for the developmentally disabled.

AB100-ASA1, s. 2109p Section 2109p. 51.06 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,880,12 51.06 (1) Purpose. (intro.) The purpose of the northern any center for the developmentally disabled, central center for developmentally disabled and southern center for developmentally disabled is to provide services needed by developmentally disabled citizens of this state which are otherwise unavailable to them, and to return such those persons to the community when their needs can be met at the local level. Services to be provided by the department at such centers a center for the developmentally disabled shall include all of the following:

AB100-ASA1, s. 2109r Section 2109r. 51.06 (1) (d) of the statutes is amended to read:

AB100-ASA1,880,18 51.06 (1) (d) At the southern center for developmentally disabled, services Services for up to 10 22 individuals with developmental disability who are also diagnosed as mentally ill or who exhibit extremely aggressive and challenging behaviors and at the northern center for developmentally disabled, services for up to 12 such individuals.

AB100-ASA1, s. 1668 Section 1668. 51.06 (2) of the statutes is amended to read:

AB100-ASA1,881,2 51.06 (2) School activities. If an individual over the age of 2 years and under the age of 22 years and eligible for schooling under ss. 115.76 (2) and 115.85 is admitted to, is placed in or is a resident of a center, the individual shall attend a school program operated by the center or a school outside the center which is approved by the department of education public instruction. A school program operated by the center shall be under the supervision of the department of education public instruction and shall meet standards prescribed by that agency.

AB100-ASA1, s. 2110d Section 2110d. 51.06 (3) of the statutes is amended to read:

AB100-ASA1,881,9 51.06 (3) Admission. Individuals An individual under the age of 22 years shall may be placed only at the central a center for the developmentally disabled unless that the department authorizes has authorized for the placement of the individual at the northern or southern center for the developmentally disabled individuals under the age of 22 years generally or at a center for the developmentally disabled that the department has authorized for the placement of that individual specifically.

AB100-ASA1, s. 1669 Section 1669. 51.07 (3) of the statutes is amended to read:

AB100-ASA1,881,20 51.07 (3) The department may provide outpatient services only to patients contracted for with county departments under ss. 51.42 and 51.437 in accordance with s. 46.03 (18), except for those patients whom the department finds to be nonresidents of this state and those patients specified in sub. (4) (a). The full and actual cost less applicable collections of such services contracted for with county departments under s. 51.42 or 51.437 shall be charged to the respective county department under s. 51.42 or 51.437. The state shall provide the services required for patient care only if no such outpatient services are funded by the department in the county or group of counties served by the respective county department under s. 51.42 or 51.437.

AB100-ASA1, s. 1670 Section 1670. 51.07 (4) of the statutes is created to read:

AB100-ASA1,882,2 51.07 (4) (a) The department may provide outpatient services at the Winnebago Mental Health Institute to a patient who is a pupil of a school district that contracts with the department for the provision of those services. The department shall charge the full and actual cost of those services contracted for to the school district in which the patient is enrolled.

AB100-ASA1,882,7 (b) If the Winnebago Mental Health Institute has provided a pupil of a school district with the services contracted for under par. (a), the department shall regularly bill the school district for the services provided and, subject to the provisions of the contract, the school district shall pay the amount due within 60 days after the billing date.

AB100-ASA1,882,9 (c) The department shall credit any revenues received under this subsection to the appropriation account under s. 20.435 (2) (gk).

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

AB100-ASA1,883,2 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, that the inpatient facility to which the minor is admitted offers therapy or treatment which is appropriate for the minor's needs and which is the least restrictive therapy or treatment consistent with the minor's needs and, in the case of a minor aged 14 years of age 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, s. 2114m Section 2114m. 51.20 (13) (c) 1. of the statutes is amended to read:

AB100-ASA1,883,11 51.20 (13) (c) 1. The court shall designate the facility or service which is to receive the subject individual into the mental health system, except that, if the subject individual is under the age of 22 years and the facility is a center for the developmentally disabled, the court shall may designate only the central a center for the developmentally disabled unless that the department authorizes designation of the northern or southern center has authorize for the placement of individuals under the age of 22 years generally or a center for the developmentally disabled that the department has authorized for the placement of that individual specifically;

AB100-ASA1, s. 2114p Section 2114p. 51.20 (13) (c) 2. of the statutes is amended to read:

AB100-ASA1,883,22 51.20 (13) (c) 2. The county department under s. 51.42 or 51.437 shall arrange for treatment in the least restrictive manner consistent with the requirements of the subject individual in accordance with a court order designating the maximum level of inpatient facility, if any, which may be used for treatment, except that, if the subject individual is under the age of 22 years and the facility is a center for the developmentally disabled, designation shall be only to the central a center for the developmentally disabled unless that the department authorizes has authorized for the placement of the individual at the northern or southern individuals under the age of 22 years generally or to a center for the developmentally disabled that the department has authorized for the placement of that individual specifically; and

AB100-ASA1, s. 2114r Section 2114r. 51.20 (13) (f) of the statutes is amended to read:

AB100-ASA1,884,14 51.20 (13) (f) The county department under s. 51.42 or 51.437 which receives an individual who is committed by a court under par. (a) 3. is authorized to place such individual in an approved treatment facility subject to any limitations which are specified by the court under par. (c) 2. The county department shall place the subject individual in the treatment program and treatment facility which is least restrictive of the individual's personal liberty, consistent with the treatment requirements of the individual. The county department shall have ongoing responsibility to review the individual's needs, in accordance with sub. (17), and transfer the person to the least restrictive program consistent with the individual's needs. If the subject individual is under the age of 22 years and if the facility appropriate for placement or transfer is a center for the developmentally disabled, placement or transfer of the individual shall may be made only to the central a center for the developmentally disabled unless that the department authorizes has authorized for the placement or transfer to the northern or southern of individuals under the age of 22 years generally or to a center for the developmentally disabled that the department has authorized for the placement or transfer of that individual specifically.

AB100-ASA1, s. 2120r Section 2120r. 51.35 (1) (bm) of the statutes is amended to read:

AB100-ASA1,884,22 51.35 (1) (bm) Notwithstanding par. (b), transfer of a patient under the age of 22 years to a center for the developmentally disabled may be made only to the central a center for the developmentally disabled unless that the department authorizes the transfer of the patient to the northern or southern has authorized for the transfer of patients under the age of 22 years generally or to a center for the developmentally disabled that the department has authorized for the transfer of that patient specifically.

AB100-ASA1, s. 1671 Section 1671. 51.42 (3) (bm) of the statutes is amended to read:

AB100-ASA1,885,3 51.42 (3) (bm) Educational services. A county department of community programs may not furnish services and programs provided by the department of education public instruction and local educational agencies.

AB100-ASA1, s. 1672 Section 1672. 51.42 (7) (a) 5. of the statutes is amended to read:

AB100-ASA1,885,8 51.42 (7) (a) 5. Ensure that county departments of community programs that elect to provide special education programs to children aged 3 years and under comply with requirements established by the department of education public instruction.

AB100-ASA1, s. 1673 Section 1673. 51.423 (1) of the statutes is amended to read:

AB100-ASA1,885,20 51.423 (1) The department shall fund, within the limits of the department's allocation for mental health services under s. 20.435 (3) (o) and (7) (b), (kw) and (o) and subject to this section, services for mental illness, developmental disability, alcoholism and drug abuse to meet standards of service quality and accessibility. The department's primary responsibility is to guarantee that county departments established under either s. 51.42 or 51.437 receive a reasonably uniform minimum level of funding and its secondary responsibility is to fund programs which meet exceptional community needs or provide specialized or innovative services. Moneys appropriated under s. 20.435 (7) (b) and earmarked by the department for mental health services under s. 20.435 (7) (o) shall be allocated by the department to county departments under s. 51.42 or 51.437 in the manner set forth in this section.

AB100-ASA1, s. 1674 Section 1674. 51.423 (2) of the statutes is amended to read:

AB100-ASA1,886,11 51.423 (2) From the appropriations under s. 20.435 (3) (o) and (7) (b), (kw) 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). 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.

AB100-ASA1, s. 2132m Section 2132m. 51.423 (12) of the statutes is amended to read:

AB100-ASA1,886,25 51.423 (12) The department may not provide state aid to any county department under s. 51.42 or 51.437 for excessive inpatient treatment. For each county department under ss. 51.42 and 51.437 in each calendar year, sums expended for the 22nd and all subsequent average days of care shall be deemed are considered excessive inpatient treatment. No inpatient treatment provided to children, adolescents a child, adolescent, chronically mentally ill patients, patients patient, patient requiring specialized care at a mental health institute, or patients at the centers patient at a center for the developmentally disabled may be deemed is considered excessive. If a patient is discharged or released and then readmitted within 60 days after such discharge or release from an inpatient facility, the number of days of care following readmission shall be added to the number of days of care before discharge or release for the purpose of calculating the total length of such patient's stay in the inpatient facility.

AB100-ASA1, s. 1675 Section 1675. 51.437 (4r) (a) 1. of the statutes is amended to read:

AB100-ASA1,887,3 51.437 (4r) (a) 1. May not furnish services and programs provided by the department of education public instruction and local educational agencies.

AB100-ASA1, s. 1676 Section 1676. 51.437 (4rm) (a) of the statutes is amended to read:

AB100-ASA1,888,7 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, except as provided under par. (c), for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health and family services determines that a charge is administratively infeasible, or unless the department of health and family 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 of the department of health and family services under s. 48.427 or 48.43 or under the supervision of the department of corrections under s. 938.183 (2) or 938.355.

AB100-ASA1, s. 1677 Section 1677. 51.437 (4rm) (c) 1. of the statutes is amended to read: