AB100: Bill Text Engrossed

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AB100-engrossed, s. 2112c Section 2112c. 51.13 (1) (b) of the statutes is repealed.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

AB100-engrossed,988,13 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-engrossed, s. 2115g Section 2115g. 51.22 (2) of the statutes is amended to read:

AB100-engrossed,988,21 51.22 (2) Voluntary Except as provided in s. 51.13 (2), voluntary admissions under ss. 51.10, 51.13 and 51.45 (10) shall be through the county department under s. 51.42 or 51.437 serving the person's county of residence, or through the department if the person to be admitted is a nonresident of this state. Admissions through a county department under s. 51.42 or 51.437 shall be made in accordance with s. 51.42 (3) (as) 1. or 51.437 (4rm) (a). Admissions through the department shall be made in accordance with sub. (3).

AB100-engrossed, s. 2120d Section 2120d. 51.30 (5) (a) of the statutes is amended to read:

AB100-engrossed,989,4 51.30 (5) (a) Consent for release of information. The parent, guardian, or person in the place of a parent of a minor or the guardian of an adult adjudged incompetent under ch. 880 may consent to the release of confidential information in court or treatment records. A minor who is aged 14 or more may consent to the release of confidential information in court or treatment records without the consent of the minor's parent, guardian or person in the place of a parent. Consent under this paragraph must conform to the requirements of sub. (2).

AB100-engrossed, s. 2120e Section 2120e. 51.30 (5) (b) 1. of the statutes is amended to read:

AB100-engrossed,989,13 51.30 (5) (b) 1. The guardian of an individual who is adjudged incompetent under ch. 880 shall have access to the individual's court and treatment records at all times. The parent, guardian or person in the place of a parent of a developmentally disabled minor shall have access to the minor's court and treatment records at all times except in the case of a minor aged 14 or older who files a written objection to such access with the custodian of the records. The parent, guardian or person in the place of a parent of other minors shall have the same rights of access as provided to subject individuals under this section.

AB100-engrossed, s. 2120f Section 2120f. 51.30 (5) (b) 2. of the statutes is amended to read:

AB100-engrossed,989,20 51.30 (5) (b) 2. A minor upon reaching the age of 14 shall have access to his or her own court and treatment records, as provided in this section. A minor under the age of 14 shall have access to court records but only in the presence of parent, guardian, counsel, guardian ad litem or judge and shall have access to treatment records as provided in this section but only in the presence of parent, guardian, counsel, guardian ad litem or staff member of the treatment facility.

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

AB100-engrossed,990,3 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-engrossed, s. 2120t Section 2120t. 51.35 (3) (a) of the statutes is amended to read:

AB100-engrossed,990,24 51.35 (3) (a) A licensed psychologist of a juvenile correctional facility or a secured child caring institution, as defined in s. 938.02 (15g), or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the facility or institution is, in his or her opinion, in need of services for developmental disability, alcoholism or drug dependency or in need of psychiatric services, and who has obtained voluntary consent to make a transfer for treatment, shall make a report, in writing, to the superintendent of the facility or institution, stating the nature and basis of the belief and verifying the consent. In the case of a minor age 14 and over, the minor and, the minor's parent or guardian shall consent unless the minor is admitted under s. 51.13 (1) (c); and in the case of a minor under the age of 14, only the minor's parent or guardian need consent. The superintendent shall inform, orally and in writing, the minor and the minor's parent or guardian, that transfer is being considered and shall inform them of the basis for the request and their rights as provided in s. 51.13 (3). If the department of corrections, upon review of a request for transfer, determines that transfer is appropriate, that department shall immediately notify the department of health and family services and, if the department of health and family services consents, the department of corrections may immediately transfer the individual. The department of corrections shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction under chs. 48 and 938 of the county where the treatment facility is located.

AB100-engrossed, s. 2120u Section 2120u. 51.35 (3) (b) of the statutes is amended to read:

AB100-engrossed,991,17 51.35 (3) (b) 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 transfer is voluntary on the part of the minor if he or she is aged 14 or over, and whether the transfer of the minor to an inpatient facility is appropriate and consistent with the needs of the minor. In the event that If the court is unable to make such determinations that determination based on the petition and accompanying documents, it shall the court may order additional information to be produced as it deems necessary for the court to make such review, and make such determinations the determination within 14 days of after admission, or it the court may hold a hearing within 14 days of after admission. If a notation of the minor's unwillingness appears on the face of the petition, or that if a hearing has been requested by the minor, the minor's counsel, guardian ad litem, parent or guardian, the court shall hold a hearing and appoint counsel or a guardian ad litem for the minor as provided in s. 51.13 (4) (d). At the conclusion of the hearing, the court shall approve or disapprove the request for transfer. If the minor is under the continuing jurisdiction of the court of another county, the court may order the case transferred together with all appropriate records to that court.

AB100-engrossed, s. 2120v Section 2120v. 51.35 (3) (g) of the statutes is amended to read:

AB100-engrossed,992,3 51.35 (3) (g) A parent or guardian of a minor 14 years of age or older who is transferred to a treatment facility under par. (a) may request in writing a return to the juvenile correctional facility or secured child caring institution, as defined in s. 938.02 (15g). In the case of a minor under 14 years of age, the parent or guardian may make the request. Upon receipt of a request for return from a minor 14 years of age or over, the director shall immediately notify the minor's parent or guardian. The minor shall be returned to the juvenile correctional facility or secured child caring institution within 48 hours after submission of the request unless a petition or statement is filed for emergency detention, emergency commitment, involuntary commitment or protective placement.

AB100-engrossed, s. 2126 Section 2126. 51.42 (3) (bm) of the statutes is amended to read:

AB100-engrossed,992,7 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-engrossed, s. 2127 Section 2127. 51.42 (7) (a) 5. of the statutes is amended to read:

AB100-engrossed,992,12 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-engrossed, s. 2131 Section 2131. 51.423 (1) of the statutes is amended to read:

AB100-engrossed,992,24 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-engrossed, s. 2132 Section 2132. 51.423 (2) of the statutes is amended to read:

AB100-engrossed,993,15 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-engrossed, s. 2132m Section 2132m. 51.423 (12) of the statutes is amended to read:

AB100-engrossed,994,4 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-engrossed, s. 2133 Section 2133. 51.437 (4r) (a) 1. of the statutes is amended to read:

AB100-engrossed,994,7 51.437 (4r) (a) 1. May not furnish services and programs provided by the department of education public instruction and local educational agencies.

AB100-engrossed, s. 2134 Section 2134. 51.437 (4rm) (a) of the statutes is amended to read:

AB100-engrossed,995,11 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-engrossed, s. 2135 Section 2135. 51.437 (4rm) (c) 1. of the statutes is amended to read:

AB100-engrossed,996,12 51.437 (4rm) (c) 1. Regularly bill the county department of developmental disabilities services for services provided prior to January 1, 1982 as specified in par. (c) 2. a. and 2m. If collections for care received by the department of health and family services prior to January 1, 1982, exceed current billings, the difference shall be remitted to the county department of developmental disabilities services through the appropriation under s. 20.435 (2) (gk). If billings for the quarter ending December 31, 1981, exceed collections for care received by the department of health and family services during the quarter ending December 31, 1981, collections for care provided prior to January 1, 1982, shall be remitted to the county department of developmental disabilities services through the appropriation under s. 20.435 (2) (gk), up to the level of the net amount billed the county department of developmental disabilities services for the quarter ending December 31, 1981. Under this section, collections on or after January 1, 1976, from medical assistance shall be the approved amounts listed by the patient on remittance advices from the medical assistance carrier, not including adjustments due to retroactive rate approval and less any refunds to the medical assistance program. For care provided on and after January 1, 1978, the department of health and family services shall adjust collections from medical assistance to compensate for differences between specific rate scales for care charged to the county department of developmental disabilities services and the average daily medical assistance reimbursement rate. Payment shall be due from the county department of developmental disabilities services within 60 days of the billing date subject to provisions of the contract. If any payment has not been received within 60 days, the department of health and family services shall deduct all or part of the amount due from any payment due from the department of health and family services to the county department of developmental disabilities services.

AB100-engrossed, s. 2136 Section 2136. 51.437 (4rm) (c) 2. b. of the statutes is amended to read:

AB100-engrossed,997,11 51.437 (4rm) (c) 2. b. Bill the county department of developmental disabilities services for services provided on or after January 1, 1982, at 10% of the rate paid by medical assistance, excluding any retroactive rate adjustment December 31, 1997, at $48 per day, if the guardian or parent of the person served does not object to placement of the person in the community and if an independent professional review established under 42 USC 1396a (a) (31) designates the person served as appropriate for community care, including persons who have been admitted for more than 180 consecutive days and for whom the cost of care in the community would be less than $184 per day. The department of health and family services shall use money it receives from the county department of developmental disabilities services to offset the state's share of medical assistance. Payment is due from the county department of developmental disabilities services within 60 days of the billing date, subject to provisions of the contract. If the department of health and family services does not receive any payment within 60 days, it shall deduct all or part of the amount due from any payment the department of health and family services is required to make to the county department of developmental disabilities services. The department of health and family services shall first use collections received under s. 46.10 as a result of care at a center for the developmentally disabled to reduce the costs paid by medical assistance, and shall remit the remainder to the county department of developmental disabilities services up to the portion billed. The department of health and family services shall use the appropriation under s. 20.435 (2) (gk) to remit collection credits and other appropriate refunds to county departments of developmental disabilities services.