SB77-SSA1,873,139
50.56
(1) (intro.) Any of the following facilities or entities is not required to
10obtain licensure or a certificate of approval under the following statutes or to pay
11initial or renewal license fees under the following statutes if all of the services of the
12facility or entity are provided as a part of a rural medical center that holds a
current, 13valid license under this subchapter:
SB77-SSA1,873,21
1550.57 Fees permitted for a workshop or seminar. If the department
16develops and provides a workshop or seminar relating to the provision of services by
17rural medical centers under this subchapter, the department may establish a fee for
18each workshop or seminar and impose the fee on registrants for the workshop or
19seminar. A fee so established and imposed shall be in an amount sufficient to
20reimburse the department for the costs directly associated with developing and
21providing the workshop or seminar.
SB77-SSA1,874,223
50.92
(2) The department shall issue
an initial license or a renewal of a license
24if the department finds that the applicant is fit and qualified and that the hospice
1meets the requirements of this subchapter and the rules promulgated under this
2subchapter.
SB77-SSA1,874,164
50.92
(4) (a) In lieu of inspecting or investigating a hospice under sub. (3) prior
5to issuance of
an initial a license, the department may accept evidence that a hospice
6applying for licensure under s. 50.93 has been inspected under and is currently
7certified as meeting the conditions for medicare participation under
42 USC 1395 to
81395ccc.
In lieu of inspecting or investigating a hospice under sub. (3) prior to
9issuance of a license renewal, the department shall accept evidence that a hospice
10applying for licensure under s. 50.93 has been inspected under and is currently
11certified as meeting the conditions for medicare participation under 42 USC 1395 to
121395ccc. The department shall inspect or investigate under sub. (3) prior to issuance
13of an initial license or a renewal of a license If a hospice
that fails to meet the
14conditions for medicare participation under
42 USC 1395 to
1395ccc
, the department
15shall inspect or investigate the hospice under sub. (3) before initially issuing a license
16for the hospice.
SB77-SSA1,874,2518
50.92
(4) (b) In lieu of inspecting or investigating a hospice under sub. (3) prior
19to issuance of
an initial license or a renewal of a license, the department may accept
20evidence that a hospice applying for licensure under s. 50.93 has been inspected
21under and is currently in compliance with the hospice requirements of the joint
22commission for the accreditation of health organizations. A hospice shall provide the
23department with a copy of the report by the joint commission for the accreditation
24of health organizations of each periodic review the association conducts of the
25hospice.
SB77-SSA1,875,102
50.92
(5) The past record of violations of applicable laws or regulations of the
3United States or of state statutes or rules of this or any other state, in the operation
4of any health-related organization, by an operator, managing employe or direct or
5indirect owner of a hospice or of an interest of a hospice is relevant to the issue of the
6fitness of an applicant for
receipt of an initial license or the renewal of a license. The
7department or the department's designated representative shall inspect and
8investigate as necessary to determine the conditions existing in each case under this
9subsection and shall prepare and maintain a written report concerning the
10investigation and inspection.
SB77-SSA1,875,1312
50.93
(1) Application. (intro.) The application for
an initial license, for renewal 13of a license or for a provisional license shall:
SB77-SSA1,876,915
50.93
(1) (c) Include licensing fee payment, unless the licensing fee is waived
16by the department on a case-by-case basis under criteria for determining financial
17hardship established in rules promulgated by the department. An initial licensing
18fee is $300, except that, for a hospice that is a nonprofit corporation and that is served
19entirely by uncompensated volunteers or employs persons in not more than 1.5
20positions at 40 hours of employment per week, the initial licensing fee is $25. The
21renewal annual fee
thereafter is an amount equal to 0.15% of the net annual income
22of the hospice, based on the most recent annual report of the hospice under
par. (d) 23sub. (3m), or
, if that amount is less than $200, the renewal fee is $200
, whichever is
24greater, and if
that the amount
equal to 0.15% of the net annual income of the hospice 25is greater than $1,000, the
renewal fee is $1,000, except that for a hospice that is a
1nonprofit corporation and that is served entirely by uncompensated volunteers or
2employs persons in not more than 1.5 positions at 40 hours of employment per week
3the
renewal annual fee is $10. The amount of the provisional licensing fee shall be
4established under s. 50.95 (2). The
initial licensing fee for
an initial license a hospice,
5including the initial licensing fee for a hospice that is a nonprofit corporation and
6that is served entirely by uncompensated volunteers or employs persons in not more
7than 1.5 positions at 40 hours of employment per week, issued after September 1
8shall may be prorated
according to the number of full months remaining in the
9license period.
SB77-SSA1,876,1212
50.93
(2) (title)
Issuance of initial license or license renewal.
SB77-SSA1,876,1614
50.93
(2) (a)
Unless sooner revoked or suspended, an initial A hospice license
15or renewal of a license issued to a hospice is valid
for 12 months from the date of
16issuance until suspended or revoked.
SB77-SSA1,876,2119
50.93
(2) (d) Any
initial license
or renewal of a license shall state any additional
20information or granted under special limitations prescribed by the department
shall
21state the limitations.
SB77-SSA1,877,723
50.93
(3m) Reporting. Every 12 months, on a schedule determined by the
24department, a licensed hospice shall submit an annual report in the form and
25containing the information that the department requires, including payment of the
1fee required under sub. (1) (c), evidence of current certification as meeting the
2conditions for medicare participation under
42 USC 1395 to
1395ccc and evidence of
3current compliance with the hospice requirements of the joint commission for the
4accreditation of health organizations. If a complete annual report is not timely filed,
5the department shall issue a warning to the licensee. The department may revoke
6the license for failure to timely and completely report within 60 days after the report
7date established under the schedule determined by the department.
SB77-SSA1,877,99
50.93
(4) (title)
Suspension, nonrenewal and revocation.
SB77-SSA1,877,1611
50.93
(4) (a) The department, after notice to the applicant or licensee, may
12suspend
, or revoke
or refuse to renew a license in any case in which the department
13finds that there has been a substantial failure to comply with the requirements of
14this subchapter or the rules promulgated under this subchapter. No state or federal
15funds passing through the state treasury may be paid to a hospice not having a valid
16license issued under this section.
SB77-SSA1,877,2118
50.93
(4) (b) Notice under this subsection shall include a clear and concise
19statement of the violations on which the
nonrenewal or revocation is based, the
20statute or rule violated and notice of the opportunity for an evidentiary hearing
21under par. (c).
SB77-SSA1,877,2523
50.93
(4) (c) If a hospice desires to contest the
nonrenewal or revocation of a
24license, the hospice shall, within 10 days after receipt of notice under par. (b), notify
25the department in writing of its request for a hearing under s. 227.44.
SB77-SSA1,878,53
50.93
(4) (d) 3. The department may extend the effective date of license
4revocation
or expiration in any case in order to permit orderly removal and relocation
5of individuals served by the hospice.
SB77-SSA1,878,87
50.95
(5) Criteria for determining that the applicant for
initial licensure
or
8license renewal is fit and qualified.
SB77-SSA1,878,16
1050.981 Fees permitted for a workshop or seminar. If the department
11develops and provides a workshop or seminar relating to the provision of services by
12hospices under this subchapter, the department may establish a fee for each
13workshop or seminar and impose the fee on registrants for the workshop or seminar.
14A fee so established and imposed shall be in an amount sufficient to reimburse the
15department for the costs directly associated with developing and providing the
16workshop or seminar.
SB77-SSA1,878,2418
51.05
(3g) Beginning October 1, 1994, the The department shall annually
19increase rates charged for the various types of services provided by the mental health
20institutes by amounts that equal an average of at least a 10% total increase in rates 21reduce by $500,000 the amount by which accumulated expenses of providing care to
22patients of the mental health institutes exceed the accumulated revenues from
23providing that care, until the
accumulated revenues of the mental health institutes
24are in balance with the
accumulated expenses of the mental health institutes.
SB77-SSA1,879,17
151.05
(3m) Notwithstanding s. 20.903 (1), the department shall implement a
2plan that is approved by the department of administration to assure that
, before July
31, 1999, there are sufficient revenues, as projected by the department of health and
4family services, to cover anticipated expenditures
by that date under the
5appropriation under s. 20.435 (2) (gk) for the purpose of reimbursing the provision
6of care to patients of the Mendota mental health institute or the Winnebago mental
7health institute
and to ensure that the department complies with sub. (3g). The
8department of health and family services shall make reports to the department of
9administration every 3 months, beginning on October 1, 1993,
and ending on July
101, 1999, concerning the implementation of this plan.
The department of health and
11family services shall make reports to the joint committee on finance by December 31
12of each year that identify the change, during the preceding fiscal year, in the amount
13by which the accumulated expenses of providing care to patients of the mental health
14institutes exceed the accumulated revenues from providing that care; describe the
15actions taken by the department during the preceding fiscal year to reduce that
16amount; and describe the actions that the department is taking during the current
17year to reduce that amount.
SB77-SSA1,880,219
51.05
(5) School activities. If an individual over the age of 2 and under the
20age of 22 and eligible for schooling under ss. 115.76 (2) and 115.85 is committed,
21admitted or transferred to or is a resident of the Mendota mental health institute or
22Winnebago mental health institute, the individual shall attend a school program
23operated by the applicable mental health institute or a school outside the applicable
24mental health institute which is approved by the department of
education public
25instruction. A school program operated by the Mendota mental health institute or
1Winnebago mental health institute shall be under the supervision of the department
2of
education public instruction and shall meet standards prescribed by that agency.
SB77-SSA1,880,4
451.06 (title)
Centers Center for the developmentally disabled.
SB77-SSA1,880,126
51.06
(1) Purpose. (intro.) The purpose of
the northern any center for
the 7developmentally disabled
, central center for developmentally disabled and southern
8center for developmentally disabled is to provide services needed by developmentally
9disabled citizens of this state which are otherwise unavailable to them, and to return
10such those persons to the community when their needs can be met at the local level.
11Services to be provided by the department at
such centers a center for the
12developmentally disabled shall include
all of the following:
SB77-SSA1,880,1814
51.06
(1) (d)
At the southern center for developmentally disabled, services 15Services for up to
10 22 individuals with developmental disability who are also
16diagnosed as mentally ill or who exhibit extremely aggressive and challenging
17behaviors
and at the northern center for developmentally disabled, services for up
18to 12 such individuals.
SB77-SSA1,881,220
51.06
(2) School activities. If an individual over the age of 2 years and under
21the age of 22 years and eligible for schooling under ss. 115.76 (2) and 115.85 is
22admitted to, is placed in or is a resident of a center, the individual shall attend a
23school program operated by the center or a school outside the center which is
24approved by the department of
education public instruction. A school program
1operated by the center shall be under the supervision of the department of
education 2public instruction and shall meet standards prescribed by that agency.
SB77-SSA1,881,94
51.06
(3) Admission. Individuals An individual under the age of 22 years
shall 5may be placed only at
the central
a center for the developmentally disabled
unless 6that the department
authorizes has authorized for the placement of
the individual
7at the northern or southern center for the developmentally disabled
individuals
8under the age of 22 years generally or at a center for the developmentally disabled
9that the department has authorized for the placement of that individual specifically.
SB77-SSA1,881,2011
51.07
(3) The department may provide outpatient services only to patients
12contracted for with county departments under ss. 51.42 and 51.437 in accordance
13with s. 46.03 (18), except for those patients whom the department finds to be
14nonresidents of this state
and those patients specified in sub. (4) (a). The full and
15actual cost less applicable collections of
such services contracted for
with county
16departments under s. 51.42 or 51.437 shall be charged to the respective county
17department under s. 51.42 or 51.437. The state shall provide the services required
18for patient care only if no
such outpatient services are funded by the department in
19the county or group of counties served by the respective county department under s.
2051.42 or 51.437.
SB77-SSA1,882,222
51.07
(4) (a) The department may provide outpatient services at the
23Winnebago Mental Health Institute to a patient who is a pupil of a school district that
24contracts with the department for the provision of those services. The department
1shall charge the full and actual cost of those services contracted for to the school
2district in which the patient is enrolled.
SB77-SSA1,882,73
(b) If the Winnebago Mental Health Institute has provided a pupil of a school
4district with the services contracted for under par. (a), the department shall
5regularly bill the school district for the services provided and, subject to the
6provisions of the contract, the school district shall pay the amount due within 60 days
7after the billing date.
SB77-SSA1,882,98
(c) The department shall credit any revenues received under this subsection
9to the appropriation account under s. 20.435 (2) (gk).
SB77-SSA1, s. 2112r
10Section 2112r. 51.13 (4) (g) (intro.) of the statutes is amended to read:
SB77-SSA1,883,211
51.13
(4) (g) (intro.) If the court finds that the minor is in need of psychiatric
12services, or services for developmental disability, alcoholism or drug abuse in an
13inpatient facility, that the inpatient facility to which the minor is admitted offers
14therapy or treatment which is appropriate for the minor's needs and which is the
15least restrictive therapy or treatment consistent with the minor's needs and, in the
16case of a minor
aged 14
years of age or older, the application is voluntary on the part
17of the minor,
it the court shall permit voluntary admission. If the court finds that the
18therapy or treatment in the inpatient facility to which the minor is admitted is not
19appropriate or is not the least restrictive therapy or treatment consistent with the
20minor's needs, the court may order placement in or transfer to another more
21appropriate or less restrictive inpatient facility, except that the court may not permit
22or order placement in or transfer to
the northern or southern centers a center for the
23developmentally disabled of a minor unless the department
gives approval for the
24placement or transfer has authorized that center for the developmentally disabled
25for the placement or transfer of minors generally or for the placement or transfer of
1that minor specifically, and if the order of the court is approved by all of the following
2if applicable:
SB77-SSA1,883,114
51.20
(13) (c) 1. The court shall designate the facility or service which is to
5receive the subject individual into the mental health system, except that, if the
6subject individual is under the age of 22 years and the facility is a center for the
7developmentally disabled, the court
shall may designate only
the central a center for
8the developmentally disabled
unless that the department
authorizes designation of
9the northern or southern center has authorize for the placement of individuals under
10the age of 22 years generally or a center for the developmentally disabled
that the
11department has authorized for the placement of that individual specifically;
SB77-SSA1,883,2213
51.20
(13) (c) 2. The county department under s. 51.42 or 51.437 shall arrange
14for treatment in the least restrictive manner consistent with the requirements of the
15subject individual in accordance with a court order designating the maximum level
16of inpatient facility, if any, which may be used for treatment, except that, if the
17subject individual is under the age of 22 years and the facility is a center for the
18developmentally disabled, designation shall be only to
the central a center for the
19developmentally disabled
unless that the department
authorizes has authorized for 20the placement of
the individual at the northern or southern individuals under the
21age of 22 years generally or to a center for the developmentally disabled
that the
22department has authorized for the placement of that individual specifically; and
SB77-SSA1,884,1424
51.20
(13) (f) The county department under s. 51.42 or 51.437 which receives
25an individual who is committed by a court under par. (a) 3. is authorized to place such
1individual in an approved treatment facility subject to any limitations which are
2specified by the court under par. (c) 2. The county department shall place the subject
3individual in the treatment program and treatment facility which is least restrictive
4of the individual's personal liberty, consistent with the treatment requirements of
5the individual. The county department shall have ongoing responsibility to review
6the individual's needs, in accordance with sub. (17), and transfer the person to the
7least restrictive program consistent with the individual's needs. If the subject
8individual is under the age of 22 years and if the facility appropriate for placement
9or transfer is a center for the developmentally disabled, placement or transfer of the
10individual
shall may be made only to
the central a center for the developmentally
11disabled
unless that the department
authorizes has authorized for the placement or
12transfer
to the northern or southern of individuals under the age of 22 years
13generally or to a center for the developmentally disabled
that the department has
14authorized for the placement or transfer of that individual specifically.
SB77-SSA1,884,2216
51.35
(1) (bm) Notwithstanding par. (b), transfer of a patient under the age of
1722 years to a center for the developmentally disabled may be made only to
the central 18a center for the developmentally disabled
unless that the department
authorizes the
19transfer of the patient to the northern or southern has authorized for the transfer of
20patients under the age of 22 years generally or to a center for the developmentally
21disabled
that the department has authorized for the transfer of that patient
22specifically.
SB77-SSA1,885,3
151.42
(3) (bm)
Educational services. A county department of community
2programs may not furnish services and programs provided by the department of
3education public instruction and local educational agencies.
SB77-SSA1,885,85
51.42
(7) (a) 5. Ensure that county departments of community programs that
6elect to provide special education programs to children aged 3 years and under
7comply with requirements established by the department of
education public
8instruction.
SB77-SSA1,885,2010
51.423
(1) The department shall fund, within the limits of the department's
11allocation for mental health services under s. 20.435
(3) (o) and (7) (b)
, (kw) and (o)
12and subject to this section, services for mental illness, developmental disability,
13alcoholism and drug abuse to meet standards of service quality and accessibility. The
14department's primary responsibility is to guarantee that county departments
15established under either s. 51.42 or 51.437 receive a reasonably uniform minimum
16level of funding and its secondary responsibility is to fund programs which meet
17exceptional community needs or provide specialized or innovative services. Moneys
18appropriated under s. 20.435 (7) (b) and earmarked by the department for mental
19health services under s. 20.435 (7) (o) shall be allocated by the department to county
20departments under s. 51.42 or 51.437 in the manner set forth in this section.
SB77-SSA1,886,1122
51.423
(2) From the appropriations under s. 20.435
(3) (o) and (7) (b)
, (kw) and
23(o), the department shall distribute the funding for services provided or purchased
24by county departments under s. 46.23, 51.42 or 51.437 to such county departments
25as provided under s. 46.40. County matching funds are required for the distributions
1under s. 46.40 (2). Each county's required match for a year equals 9.89% of the total
2of the county's distributions for that year for which matching funds are required plus
3the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for
4juvenile delinquency-related services from its distribution for 1987. Matching funds
5may be from county tax levies, federal and state revenue sharing funds or private
6donations to the counties that meet the requirements specified in sub. (5). Private
7donations may not exceed 25% of the total county match. If the county match is less
8than the amount required to generate the full amount of state and federal funds
9distributed for this period, the decrease in the amount of state and federal funds
10equals the difference between the required and the actual amount of county
11matching funds.
SB77-SSA1,886,2513
51.423
(12) The department may not provide state aid to any county
14department under s. 51.42 or 51.437 for excessive inpatient treatment. For each
15county department under ss. 51.42 and 51.437 in each calendar year, sums expended
16for the 22nd and all subsequent average days of care
shall be deemed are considered 17excessive inpatient treatment. No inpatient treatment provided to
children,
18adolescents a child, adolescent, chronically mentally ill
patients, patients patient,
19patient requiring specialized care at a mental health institute, or
patients at the
20centers patient at a center for the developmentally disabled
may be deemed is
21considered excessive. If a patient is discharged or released and then readmitted
22within 60 days after such discharge or release from an inpatient facility, the number
23of days of care following readmission shall be added to the number of days of care
24before discharge or release for the purpose of calculating the total length of such
25patient's stay in the inpatient facility.
SB77-SSA1,887,32
51.437
(4r) (a) 1. May not furnish services and programs provided by the
3department of
education public instruction and local educational agencies.
SB77-SSA1,888,75
51.437
(4rm) (a) A county department of developmental disabilities services
6shall authorize all care of any patient in a state, local or private facility under a
7contractual agreement between the county department of developmental disabilities
8services and the facility, unless the county department of developmental disabilities
9services governs the facility. The need for inpatient care shall be determined by the
10program director or designee in consultation with and upon the recommendation of
11a licensed physician trained in psychiatry and employed by the county department
12of developmental disabilities services or its contract agency prior to the admission
13of a patient to the facility except in the case of emergency services. In cases of
14emergency, a facility under contract with any county department of developmental
15disabilities services shall charge the county department of developmental
16disabilities services having jurisdiction in the county where the individual receiving
17care is found. The county department of developmental disabilities services shall
18reimburse the facility
, except as provided under par. (c), for the actual cost of all
19authorized care and services less applicable collections under s. 46.036, unless the
20department of health and family services determines that a charge is
21administratively infeasible, or unless the department of health and family services,
22after individual review, determines that the charge is not attributable to the cost of
23basic care and services. The exclusionary provisions of s. 46.03 (18) do not apply to
24direct and indirect costs which are attributable to care and treatment of the client.
25County departments of developmental disabilities services may not reimburse any
1state institution or receive credit for collections for care received therein by
2nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3) (a),
3commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14,
4971.17 or 975.06, admissions under s. 975.17, 1977 stats., or children placed in the
5guardianship of the department of health and family services under s. 48.427 or
648.43 or under the supervision of the department of corrections under s. 938.183
(2) 7or 938.355.
SB77-SSA1,889,89
51.437
(4rm) (c) 1. Regularly bill the county department of developmental
10disabilities services for services
provided prior to January 1, 1982 as specified in par.
11(c) 2. a. and 2m.
If collections for care received by the department of health and family
12services prior to January 1, 1982, exceed current billings, the difference shall be
13remitted to the county department of developmental disabilities services through the
14appropriation under s. 20.435 (2) (gk). If billings for the quarter ending December
1531, 1981, exceed collections for care received by the department of health and family
16services during the quarter ending December 31, 1981, collections for care provided
17prior to January 1, 1982, shall be remitted to the county department of
18developmental disabilities services through the appropriation under s. 20.435 (2)
19(gk), up to the level of the net amount billed the county department of developmental
20disabilities services for the quarter ending December 31, 1981. Under this section,
21collections on or after January 1, 1976, from medical assistance shall be the approved
22amounts listed by the patient on remittance advices from the medical assistance
23carrier, not including adjustments due to retroactive rate approval and less any
24refunds to the medical assistance program. For care provided on and after January
251, 1978, the department of health and family services shall adjust collections from
1medical assistance to compensate for differences between specific rate scales for care
2charged to the county department of developmental disabilities services and the
3average daily medical assistance reimbursement rate. Payment shall be due from
4the county department of developmental disabilities services within 60 days of the
5billing date subject to provisions of the contract. If any payment has not been
6received within 60 days, the department of health and family services shall deduct
7all or part of the amount due from any payment due from the department of health
8and family services to the county department of developmental disabilities services.
SB77-SSA1, s. 2136
9Section
2136. 51.437 (4rm) (c) 2. b. of the statutes is amended to read: