SB495, s. 3
1Section
3
. 46.56 (14) (a) (intro.) and 1. of the statutes, as affected by
1997
2Wisconsin Act 3, are consolidated, renumbered 46.56 (14) (a) and amended to read:
SB495,7,173
46.56
(14) (a) In order to support the development of a comprehensive system
4of coordinated care for children with severe disabilities and their families, the
5department shall establish a statewide advisory committee with representatives of
6county departments, the department of public instruction, educational agencies,
7professionals experienced in the provision of services to children with severe
8disabilities, families with children with severe disabilities, advocates for such
9families and their children, the subunit of the department of workforce development
10that administers vocational rehabilitation, the technical college system, health care
11providers, courts assigned to exercise jurisdiction under chs. 48 and 938, child
12welfare officials, and other appropriate persons as selected by the department. The
13department may use an existing committee for this purpose if it has representatives
14from the listed groups and is willing to perform the required functions. This
15committee shall
do all of the following: Monitor
monitor the development of
16programs throughout the state and support communication and mutual assistance
17among operating programs as well as those that are being developed.
SB495, s. 4
18Section
4. 46.56 (14) (a) 2. of the statutes is repealed.
SB495, s. 5
19Section
5. 46.56 (14) (c) (intro.) of the statutes is amended to read:
SB495,8,420
46.56
(14) (c) (intro.) The department shall evaluate the programs funded
21under this section.
The report of this evaluation shall be submitted to the chief clerk
22of each house of the legislature for distribution to the appropriate standing
23committees on children, in the manner provided in s. 13.172 (3), and shall be broadly
1disseminated to county departments and school districts. The evaluation shall be
2completed by January 1, 1992 and all All organizations participating in the program
3shall cooperate with the evaluation. The evaluation shall include information about
4all of the following:
SB495, s. 6
5Section
6
. 46.56 (15) (c) of the statutes is amended to read:
SB495,8,116
46.56
(15) (c) In order to obtain funds under this section, matching funds equal
7to 20% of
the proposed total program budget, including the requested funding
, shall
8be provided by the participating county departments and school districts. All of the
9participating county departments and school districts shall participate in providing
10the match, which may be cash or in-kind. The department shall determine what
11may be used as in-kind match.
Note: The amendments in Sections 3 to 6 eliminate outdated provisions regarding
specific evaluation due dates of programs for children with severe emotional disturbances
and also eliminate outdated provisions regarding dissemination of these evaluations.
Further, these amendments modify the matching fund requirement for these projects
from 20% of the requested funding to 20% of the proposed total program budget.
According to the DHFS, this change to the matching funds requirement would codify
current practice.
Note: This provision deletes a requirement that the DHFS prepare, in cooperation
with the department of public instruction, a joint alcohol and drug abuse prevention plan.
According to the DHFS, the elimination of this requirement will allow the State Council
on Alcohol and Other Drug Abuse to determine how interdepartmental collaboration and
reporting will occur.
SB495, s. 8
14Section
8
. 48.46 (1) of the statutes is amended to read:
SB495,9,215
48.46
(1) Except as provided in
sub.
subs. (2)
and (3), the parent, guardian or
16legal custodian of the child or the child whose status is adjudicated by the court may
17at any time within one year after the entering of the court's order petition the court
18for a rehearing on the ground that new evidence has been discovered affecting the
1advisability of the court's original adjudication. Upon a showing that such evidence
2does exist, the court shall order a new hearing.
SB495, s. 9
3Section
9
. 48.46 (3) of the statutes is created to read:
SB495,9,94
48.46
(3) An adoptive parent who has been granted adoption of a child under
5s. 48.91 (3) may not petition the court for a rehearing under sub. (1) or move the court
6under s. 806.07 for relief from the order granting adoption. A petition for termination
7of parental rights under s. 48.42 and an appeal to the court of appeals shall be the
8exclusive remedies for an adoptive parent who wishes to end his or her parental
9relationship with his or her adopted child.
Note: The amendments in Sections 8 and 9 prohibit an adoptive parent from
ending his or her parental relationship with his or her adopted child through a motion
under s. 806.07 (1), stats., for relief from the order granting adoption or through a petition
for a rehearing of such an order. Instead, an adoptive parent who wishes to end his or
her parental relationship with his or her adopted child would be required to file a petition
for termination of parental rights under s. 48.42, stats., or to appeal the order granting
adoption.
SB495,9,2112
48.981
(3) (c) 4. The county department or, in a county having a population of
13500,000 or more, the department or a licensed child welfare agency under contract
14with the department shall determine, within 60 days after receipt of a report,
15whether abuse or neglect has occurred or is likely to occur. The determination shall
16be based on a preponderance of the evidence produced by the investigation. A
17determination that abuse or neglect has occurred may not be based solely on the fact
18that the child's parent, guardian or legal custodian in good faith selects and relies on
19prayer or other religious means for treatment of disease or for remedial care of the
20child. In making a determination that emotional damage has occurred, the county
21department or, in a county having a population of 500,000 or more, the department
1or a licensed child welfare agency under contract with the department shall give due
2regard to the culture of the subjects
and shall establish that the person alleged to be
3responsible for the emotional damage is neglecting, refusing or unable for reasons
4other than poverty to remedy the harm. This subdivision does not prohibit a court
5from ordering medical services for the child if the child's health requires it.
Note: The amendment in Section 10 deletes obsolete language in the statute
regarding determinations of child abuse or neglect which requires the agency making the
determination, in cases of emotional damage, to establish that the person alleged to be
responsible for the emotional damage is neglecting, refusing or unable for reasons other
than poverty to remedy the harm. The requirement that a parent, guardian, legal
custodian or other person exercising permanent or temporary control over the child must
have caused the emotional damage was repealed in the 1993-94 legislative session. Also,
the requirement that the parent, guardian or legal custodian must have neglected,
refused or been unable for reasons other than poverty to obtain the necessary treatment
or to take steps to ameliorate the symptoms was incorporated into the definition of
"abuse" in the 1995-96 legislative session.
SB495, s. 11
6Section
11
. 49.45 (41) (a) (intro.) and 1. of the statutes are consolidated,
7renumbered 49.45 (41) (a) and amended to read:
SB495,10,118
49.45
(41) (a) In this subsection
: "Mental, "mental health crisis intervention
9services" means services that are provided by a mental health crisis intervention
10program operated by, or under contract with, a county
or municipality, if the county
11or municipality is certified as a medical assistance provider.
SB495, s. 12
12Section
12. 49.45 (41) (a) 2. of the statutes is repealed.
SB495, s. 13
13Section
13
. 49.45 (41) (b) of the statutes is amended to read:
SB495,11,414
49.45
(41) (b) If a county
or municipality elects to become certified as a provider
15of mental health crisis intervention services, the county
or municipality may provide
16mental health crisis intervention services under this subsection in the county
or 17municipality to medical assistance recipients through the medical assistance
18program. A county
or municipality that elects to provide the services shall pay the
19amount of the allowable charges for the services under the medical assistance
1program that is not provided by the federal government. The department shall
2reimburse the county
or municipality under this subsection only for the amount of
3the allowable charges for those services under the medical assistance program that
4is provided by the federal government.
Note: The amendments in Sections 11 to 13 remove references to municipalities
in the statutes relating to mental health crisis intervention services. According to the
DHFS, these amendments are necessary because under s. 51.42 counties, not
municipalities, are responsible for mental health crisis intervention services, and new
DHFS standards identify counties, or agencies contracting with counties, as the
appropriate entities for certification to provide these services.
SB495, s. 14
5Section
14
. 50.03 (2m) (a) of the statutes is amended to read:
SB495,11,106
50.03
(2m) (a) Each licensee or applicant for license shall file with the
7department the name and address of a person authorized to accept service of any
8notices or other papers which the department may send by registered or certified
9mail, with a return receipt requested.
The person authorized by a nursing home
10under this paragraph shall be located at the nursing home.
Note: The amendment in Section 14 provides that a licensee or applicant for
license which is a nursing home must file with the DHFS the name and address of a
person who is located at the nursing home and is authorized to accept service of any
notices or other papers which DHFS may send by registered or certified mail, with a
return receipt requested. According to the DHFS, this change is needed because notices
may currently be sent to nursing home corporate offices, which may be distant from the
nursing homes being inspected and does not facilitate the smooth and efficient transfer
of information between the nursing home and the DHFS.
SB495,12,213
50.03
(4) (e) Each license shall be issued only for the premises and persons
14named in the application and is not transferable or assignable. The license shall be
15posted in a place readily visible to residents and visitors, such as the lobby or
16reception area of the facility. Any license granted shall state the
maximum bed
17capacity allowed number of the facility's beds that are licensed by the department,
18the person to whom the license is granted, the date of issuance, the maximum level
1of care for which the facility is licensed as a condition of its licensure and such
2additional information and special conditions as the department may prescribe.
Note: The amendment in Section 15 provides that a license for a nursing home
shall state the number of beds approved by the DHFS, rather than the maximum bed
capacity allowed. According to the DHFS, the term "maximum bed capacity" in the
current statute refers to the maximum number of beds that a nursing home could
physically accommodate. Since the DHFS regulates the number and distribution of
nursing home beds, the representation and reporting of the actual number of beds
operated by a nursing home on the nursing home's license would more accurately reflect
reality.
SB495, s. 16
3Section
16
. 50.035 (6) of the statutes is amended to read:
SB495,12,84
50.035
(6) Posting of notice required. Beginning on January 1, 1992, the The 5licensee of a community-based residential facility, or his or her designee, shall post
6in a conspicuous location in the community-based residential facility a notice,
7provided by the board on aging and long-term care, of the name, address and
8telephone number of the long-term care ombudsman program under s. 16.009 (2) (b).
Note: The amendment in Section 16 deletes an outdated reference to the date that
a posting requirement for CBRF licenses went into effect.
SB495, s. 17
9Section
17
. 50.04 (2v) of the statutes is amended to read:
SB495,12,1310
50.04
(2v) Posting of notice required. Beginning on January 1, 1992, a A 11nursing home shall post in a conspicuous location in the nursing home a notice,
12provided by the board on aging and long-term care, of the name, address and
13telephone number of the long-term care ombudsman program under s. 16.009 (2) (b).
Note: The amendment in Section 17 deletes an outdated reference to the date that
a posting requirement for nursing home ombudsman program information went into
effect.
SB495, s. 18
14Section
18
. 50.04 (3) (d) of the statutes is amended to read:
SB495,13,215
50.04
(3) (d)
Survey of institutions for mental diseases. Before July 1, 1988
16During inspections conducted under par. (a), the department shall conduct a survey
17to determine whether any nursing home that is licensed under this section is an
18institution for mental diseases, as defined under
42 CFR 435.1009.
On or after July
11, 1988, the department shall make these determinations during inspections
2conducted under par. (a).
Note: The amendment in Section 18 deletes an outdated reference to a date by
which the DHFS had to conduct a survey to determine whether any licensed nursing
home was an institution for mental disease.
SB495, s. 19
3Section
19
. 50.09 (4) of the statutes is amended to read:
SB495,13,114
50.09
(4) Each facility shall make available a copy of the rights and
5responsibilities established under this section and the facility's rules to each resident
6and
to each resident's
guardian
legal representative, if any, at or prior to the time of
7admission to the facility, to each person who is a resident of the facility
on December
812, 1975 and to each member of the facility's staff. The rights, responsibilities and
9rules shall be posted in a prominent place in each facility. Each facility shall prepare
10a written plan and provide appropriate staff training to implement each resident's
11rights established under this section.
Note: The amendments in Section 19 change a reference to a nursing home
resident's guardian to a nursing home resident's legal representative. According to the
DHFS, the broader term "legal representative" is more appropriate here because it
encompasses other substitute decision makers who may exist for nursing home residents,
such as those acting under a health care power of attorney. In addition, an outdated
reference to a date that the requirement that a copy of certain information be given to the
resident and his or her guardian went into effect is deleted.
SB495, s. 20
12Section
20
. 50.095 (title) of the statutes is amended to read:
SB495,13,13
1350.095 (title)
Resident's right to know
; nursing home reports.
SB495, s. 21
14Section
21. 50.095 of the statutes is renumbered 50.095 (1).
SB495, s. 22
15Section
22. 50.096 (title) of the statutes is repealed.
SB495, s. 23
16Section
23. 50.096 (1) of the statutes is renumbered 50.095 (2) and amended
17to read:
SB495,13,2018
50.095
(2) Beginning in 1988, the
The department may request from a nursing
19home information necessary for preparation of a report under sub.
(2) (3), and the
20nursing home, if so requested, shall provide the information.
SB495, s. 24
1Section
24. 50.096 (2) of the statutes is renumbered 50.095 (3), and 50.095 (3)
2(intro.), as renumbered, is amended to read:
SB495,14,53
50.095
(3) (intro.)
By July 1, 1988, and annually thereafter, the The 4department shall provide each nursing home with a report that includes the
5following information for the nursing home:
SB495, s. 25
6Section
25
. 50.096 (3) of the statutes is renumbered 50.095 (4) and amended
7to read:
SB495,14,98
50.095
(4) Upon receipt of a report under sub.
(2) (3), the nursing home shall
9make the report available to any person requesting the report.
Note: The amendments in Sections 20 to 25 delete outdated references to
beginning dates authorizing the DHFS to request information from nursing homes, and
requiring that DHFS provide each nursing home with an annual report.
SB495, s. 26
10Section
26
. 50.14 (3) of the statutes is amended to read:
SB495,14,2111
50.14
(3) By
October 31, 1992, each facility shall submit to the department the
12facility's occupied licensed bed count and the amount due under sub. (2) for each
13occupied licensed bed of the facility for each month for the period from July 1, 1992,
14to September 30, 1992. Thereafter, by the end of each month
, each facility shall
15submit
its to the department the facility's occupied licensed bed count and
payment 16the amount due under sub. (2) for each occupied licensed bed of the facility for the
17month preceding the month during which the bed count and payment are being
18submitted. The department shall verify the bed count and, if necessary, make
19adjustments to the payment, notify the facility of changes in the bed count or
20payment and send the facility an invoice for the additional amount due or send the
21facility a refund.
Note: The amendment in Section 26 deletes outdated references to dates by which
inpatient health care facility bed counts and payments are due the DHFS.
SB495, s. 27
22Section
27
. 69.05 (6) of the statutes is repealed.
SB495, s. 28
1Section
28
. 69.18 (1) (e) 1. (intro.) of the statutes is amended to read:
SB495,15,62
69.18
(1) (e) 1. (intro.) If a death is a miscarriage and 20 weeks or more have
3elapsed between the mother's last normal menstrual period and delivery or the
4stillbirth weighs 350 grams or more, one of the following shall submit, within 5 days
5after delivery, a fetal death report to the
registration district where delivery occurred 6state registrar:
Note: Under current law, fetal death reports must first be filed at the local
registration office in the place where the fetus was delivered. Local registrars are then
required to forward these reports to the state registrar of vital statistics. The
amendments in Sections 27 and 28 change current law to require filing of fetal death
reports directly with the state registrar. According to the DHFS, this change will speed
up the filing process for these documents; decrease the risk that confidential information
could become public; and decrease mailing and other costs currently incurred by local
registrars in handling these reports.
SB495, s. 29
7Section
29. 115.28 (16) of the statutes is repealed.
SB495, s. 30
8Section
30
. 146.82 (1) of the statutes is amended to read:
SB495,15,149
146.82
(1) Confidentiality. All patient health care records shall remain
10confidential. Patient health care records may be released only to the persons
11designated in this section or to other persons with the informed consent of the patient
12or of a person authorized by the patient. This subsection does not prohibit reports
13made in compliance with s. 146.995 or
979.01 or testimony authorized under s.
14905.04 (4) (h).
SB495, s. 31
15Section
31
. 146.82 (2) (a) 18. of the statutes is created to read:
SB495,16,416
146.82
(2) (a) 18. Following the death of a patient, to a coroner, deputy coroner,
17medical examiner or medical examiner's assistant, for the purpose of completing a
18medical certificate under s. 69.18 (2) or investigating a death under s. 979.01 or
19979.10. The health care provider may release information by initiating contact with
20the office of the coroner or medical examiner without receiving a request for release
21of the information and shall release information upon receipt of an oral or written
1request for the information from the coroner, deputy coroner, medical examiner or
2medical examiner's assistant. The recipient of any information under this
3subdivision shall keep the information confidential except as necessary to comply
4with s. 69.18, 979.01 or 979.10.
Note: Under current law, coroners and medical examiners are not included as
parties who are granted access to medical records without informed consent of the next
of kin or through a subpoena. According to the DHFS, this conflicts with the statutory
responsibility of these officials to perform certain duties connected with deaths. The
amendments in Sections 30 and 31 provide that coroners and medical examiners may
have access to certain health care records in order to perform their duties.
SB495, s. 32
5Section
32
. 251.04 (8) of the statutes is amended to read:
SB495,16,156
251.04
(8) Unless the manner of employment is otherwise provided for by
7ordinance, a local board of health shall employ qualified public health professionals,
8including a public health nurse to conduct general public health nursing programs
9under the direction of the local board of health and in cooperation with the
10department, and may employ one or more sanitarians to conduct environmental
11programs and other public health programs not specifically designated by statute as
12functions of the public health nurse. The local board of health shall coordinate the
13activities of any sanitarian employed by the
county board governing body of the
14jurisdiction that the local board of health serves. The local board of health is not
15required to employ different persons to perform these functions.
Note: Under current law, a local board of health must employ qualified public
health professionals. The local board of health is required to coordinate activities of any
sanitarian employed by the county board. According to the DHFS, this statute, as
presently worded, would give authority to the boards of health of cities, villages and towns
to coordinate the activities of sanitarians employed by county boards. The amendment
in Section 32 would eliminate the authority for a local board of health of one unit of local
government to coordinate activities to employes of a separate unit of local government.
SB495, s. 33
16Section
33
. 251.06 (1) (a) 1. of the statutes is amended to read:
SB495,17,217
251.06
(1) (a) 1. Except as provided in subd. 2.
or 3., a local health officer of a
18Level I local health department shall have at least a bachelor's degree from a nursing
1program accredited by the national professional nursing education accrediting
2organization or from a nursing program accredited by the board of nursing.
SB495, s. 34
3Section
34
. 251.06 (1) (a) 3. of the statutes is created to read:
SB495,17,74
251.06
(1) (a) 3. If there is more than one full-time employe of a Level I local
5health department, including a full-time public health nurse who meets the
6qualifications specified under s. 250.06, the local health officer may meet the
7qualifications of a Level II or Level III local health officer.
Note: Under current law, there are Level I, II and III local health departments.
Currently, statutes permit an appropriately qualified individual who is not a nurse to
direct a Level II or III local health department, but permit only a nurse to direct a Level
I health department. The amendments in Sections 33 and 34 permit a Level I local
health officer to meet the qualifications of a Level II or III health officer, if there is more
than one full-time employe in a Level I health department and as long as the health
department employs a full time professional nurse who is qualified under s. 250.06 stats.
SB495, s. 35
8Section
35
. 255.04 (3) (intro.) of the statutes is amended to read:
SB495,17,129
255.04
(3) (intro.) Any information reported to the department under sub. (1)
10or (5) which could identify any individual who is the subject of the report or
the
11person a physician submitting the report shall be confidential and may not be
12disclosed by the department except to the following:
Note: Under current law, the cancer reporting system has been unable to respond
to requests for aggregate information on cancer cases treated by hospitals, clinics and
laboratories, based on the interpretation that s. 255.04 (3) requires the identities of these
reporting entities to be kept confidential. The amendment in Section 35 provides that
only "physicians" are subject to this confidentiality requirement, not the broader category
of "persons", which has been interpreted to include hospitals, clinics and laboratories.
According to the DHFS, this change will enable the cancer reporting system to respond
to requests for aggregate data on cancer cases treated by hospitals, clinics and
laboratories.
SB495, s. 36
13Section
36
. 806.07 (1) (intro.) of the statutes is amended to read:
SB495,17,1614
806.07
(1) (intro.) On motion and upon such terms as are just, the court
,
15subject to subs. (2) and (3), may relieve a party or legal representative from a
16judgment, order or stipulation for the following reasons:
SB495, s. 37
17Section
37
. 806.07 (3) of the statutes is created to read:
SB495,18,6
1806.07
(3) A motion under this section may not be made by an adoptive parent
2to relieve the adoptive parent from a judgment or order under s. 48.91 (3) granting
3adoption of a child. A petition for termination of parental rights under s. 48.42 and
4an appeal to the court of appeals shall be the exclusive remedies for an adoptive
5parent who wishes to end his or her parental relationship with his or her adoptive
6child.
Note: The amendments in Sections 36 and 37 provide that an adoptive parent may
not make a motion under s. 806.07 (3) to be relieved from a judgment or order under s.
48.91 (3) granting the adoption of a child. The amendments clarify, together with the
provisions in Sections 8 and 9 of this bill, that a petition for termination of parental rights
is the exclusive remedy for an adoptive parent who wishes to end his or her parental
relationship with his or her adoptive child.
SB495, s. 38
7Section
38.
Initial applicability; health and family services.
SB495,18,128
(1)
Contracts for community integration program care in community-based
9residential facilities. The treatment of sections 46.275 (5) (b) 7. and 46.277 (5) (f)
10of the statutes first applies to contracts under section 46.275 (5), 46.277 (5) or 46.278
11(6) of the statutes that are issued, renewed, modified or extended on the effective date
12of this subsection.
SB495,18,1613
(2)
Bed approval on nursing home and community-based residential facility
14licenses. The treatment of section 50.03 (4) (e) of the statutes first applies to licenses
15for nursing homes and community-based residential facilities that are issued,
16renewed, modified or extended on the effective date of this subsection.