AB100: Bill Text Engrossed

AB100-engrossed,974,9 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-engrossed, s. 2095 Section 2095. 50.93 (4) (b) of the statutes is amended to read:

AB100-engrossed,974,14 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-engrossed, s. 2096 Section 2096. 50.93 (4) (c) of the statutes is amended to read:

AB100-engrossed,974,18 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-engrossed, s. 2097 Section 2097. 50.93 (4) (d) 2. of the statutes is repealed.

AB100-engrossed, s. 2098 Section 2098. 50.93 (4) (d) 3. of the statutes is amended to read:

AB100-engrossed,974,23 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-engrossed, s. 2100 Section 2100. 50.95 (5) of the statutes is amended to read:

AB100-engrossed,975,2 50.95 (5) Criteria for determining that the applicant for initial licensure or license renewal is fit and qualified.

AB100-engrossed, s. 2101 Section 2101. 50.981 of the statutes is created to read:

AB100-engrossed,975,10 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-engrossed, s. 2106b Section 2106b. 51.05 (3g) of the statutes is amended to read:

AB100-engrossed,975,18 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-engrossed, s. 2107 Section 2107. 51.05 (3m) of the statutes is amended to read:

AB100-engrossed,976,11 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-engrossed, s. 2108 Section 2108. 51.05 (5) of the statutes is amended to read:

AB100-engrossed,976,21 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-engrossed, s. 2109m Section 2109m. 51.06 (title) of the statutes is amended to read:

AB100-engrossed,976,23 51.06 (title) Centers Center for the developmentally disabled.

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

AB100-engrossed,977,7 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-engrossed, s. 2109r Section 2109r. 51.06 (1) (d) of the statutes is amended to read:

AB100-engrossed,977,13 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-engrossed, s. 2110 Section 2110. 51.06 (2) of the statutes is amended to read:

AB100-engrossed,977,21 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-engrossed, s. 2110d Section 2110d. 51.06 (3) of the statutes is amended to read:

AB100-engrossed,978,3 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-engrossed, s. 2111 Section 2111. 51.07 (3) of the statutes is amended to read:

AB100-engrossed,978,14 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-engrossed, s. 2112 Section 2112. 51.07 (4) of the statutes is created to read:

AB100-engrossed,978,20 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-engrossed,978,25 (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-engrossed,979,2 (c) The department shall credit any revenues received under this subsection to the appropriation account under s. 20.435 (2) (gk).

AB100-engrossed, s. 2112b Section 2112b. 51.13 (1) (a) of the statutes is amended to read:

AB100-engrossed,979,9 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-engrossed, s. 2112c Section 2112c. 51.13 (1) (b) of the statutes is repealed.

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

AB100-engrossed,979,17 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-engrossed, s. 2112e Section 2112e. 51.13 (1) (e) of the statutes is amended to read:

AB100-engrossed,980,4 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-engrossed, s. 2112f Section 2112f. 51.13 (2) (a) of the statutes is amended to read:

AB100-engrossed,980,12 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-engrossed, s. 2112g Section 2112g. 51.13 (2) (b) of the statutes is repealed.

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

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

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

AB100-engrossed,980,20 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-engrossed, s. 2112k Section 2112k. 51.13 (3) (e) of the statutes is amended to read:

AB100-engrossed,980,25 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-engrossed, s. 2112L Section 2112L. 51.13 (4) (a) (intro.) of the statutes is amended to read:

AB100-engrossed,981,9 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-engrossed, s. 2112m Section 2112m. 51.13 (4) (c) of the statutes is amended to read:

AB100-engrossed,981,12 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-engrossed, s. 2112n Section 2112n. 51.13 (4) (d) of the statutes is amended to read:

AB100-engrossed,982,10 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-engrossed, s. 2112p Section 2112p. 51.13 (4) (g) (intro.) of the statutes is amended to read:

AB100-engrossed,983,3 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-engrossed, s. 2112q Section 2112q. 51.13 (4) (g) 1. of the statutes is repealed.

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

AB100-engrossed,983,13 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-engrossed, s. 2112s Section 2112s. 51.13 (7) (title), (a) and (b) of the statutes are repealed.

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

AB100-engrossed,984,10 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-engrossed, s. 2112t Section 2112t. 51.14 (3) (a) of the statutes is amended to read:

AB100-engrossed,984,16 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-engrossed, s. 2112tm Section 2112tm. 51.14 (3) (b) 3. of the statutes is amended to read:

AB100-engrossed,984,19 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-engrossed, s. 2112u Section 2112u. 51.14 (3) (b) 4. of the statutes is amended to read:

AB100-engrossed,984,24 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-engrossed, s. 2112um Section 2112um. 51.14 (3) (g) of the statutes is amended to read:

AB100-engrossed,985,6 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-engrossed, s. 2112v Section 2112v. 51.14 (3) (h) (intro.) of the statutes is amended to read:

AB100-engrossed,985,15 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-engrossed, s. 2112vm Section 2112vm. 51.14 (4) (a) of the statutes is amended to read:

AB100-engrossed,985,23 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-engrossed, s. 2112w Section 2112w. 51.14 (4) (b) of the statutes is amended to read:

AB100-engrossed,986,3 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-engrossed, s. 2112wm Section 2112wm. 51.14 (4) (c) of the statutes is amended to read:

AB100-engrossed,986,11 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-engrossed, s. 2112x Section 2112x. 51.14 (4) (g) (intro.) of the statutes is amended to read:

AB100-engrossed,986,19 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-engrossed, s. 2114m Section 2114m. 51.20 (13) (c) 1. of the statutes is amended to read:

AB100-engrossed,987,3 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-engrossed, s. 2114p Section 2114p. 51.20 (13) (c) 2. of the statutes is amended to read:

AB100-engrossed,987,14 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-engrossed, s. 2114r Section 2114r. 51.20 (13) (f) of the statutes is amended to read:

AB100-engrossed,988,6 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-engrossed, s. 2115d Section 2115d. 51.20 (16) (a) of the statutes is amended to read: