51.01(5)(a)(a) "Developmental disability" means a disability attributable to brain injury, cerebral palsy, epilepsy, autism, Prader-Willi syndrome, mental retardation, or another neurological condition closely related to mental retardation or requiring treatment similar to that required for mental retardation, which has continued or can be expected to continue indefinitely and constitutes a substantial handicap to the afflicted individual. "Developmental disability" does not include senility which is primarily caused by the process of aging or the infirmities of aging.
51.01(5)(b)
(b) "Developmental disability", for purposes of involuntary commitment, does not include cerebral palsy or epilepsy.
51.01(6)
(6) "Director" means the person in charge of a state treatment facility, state or local treatment center, or approved private facility.
51.01(7)
(7) "Discharge" of a patient who is under involuntary commitment orders means a termination of custody and treatment obligations of the patient to the authority to which the patient was committed by court action. The "discharge" of a patient who is voluntarily admitted to a treatment program or facility means a termination of treatment obligations between the patient and the treatment program or facility.
51.01(8)
(8) "Drug dependent" means a person who uses one or more drugs to the extent that the person's health is substantially impaired or his or her social or economic functioning is substantially disrupted.
51.01(10)
(10) "Inpatient facility" means a public or private hospital or unit of a hospital which has as its primary purpose the diagnosis, treatment and rehabilitation of mental illness, developmental disability, alcoholism or drug abuse and which provides 24-hour care.
51.01(11)
(11) "Law enforcement officer" means any person who by virtue of the person's office or public employment is vested by law with the duty to maintain public order or to make arrests for crimes while acting within the scope of the person's authority.
51.01(12)
(12) "Mental health institute" means any institution operated by the department for specialized psychiatric services, research, education, and which is responsible for consultation with community programs for education and quality of care.
51.01(13)(a)(a) "Mental illness" means mental disease to such extent that a person so afflicted requires care and treatment for his or her own welfare, or the welfare of others, or of the community.
51.01(13)(b)
(b) "Mental illness", for purposes of involuntary commitment, means a substantial disorder of thought, mood, perception, orientation, or memory which grossly impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life, but does not include alcoholism.
51.01(14)
(14) "Residence", "legal residency" or "county of residence" has the meaning given under
s. 49.001 (6).
51.01(15)
(15) "State treatment facility" means any of the institutions operated by the department for the purpose of providing diagnosis, care or treatment for mental or emotional disturbance, developmental disability, alcoholism or drug dependency and includes but is not limited to mental health institutes.
51.01(16)
(16) "Transfer" means the movement of a patient or resident between approved treatment facilities or to or from an approved treatment facility and the community.
51.01(17)
(17) "Treatment" means those psychological, educational, social, chemical, medical or somatic techniques designed to bring about rehabilitation of a mentally ill, alcoholic, drug dependent or developmentally disabled person.
51.01(18)
(18) "Treatment director" means the person who has primary responsibility for the treatment provided by a treatment facility. The term includes the medical director of a facility.
51.01(19)
(19) "Treatment facility" means any publicly or privately operated facility or unit thereof providing treatment of alcoholic, drug dependent, mentally ill or developmentally disabled persons, including but not limited to inpatient and outpatient treatment programs, community support programs and rehabilitation programs.
51.01 Annotation
"Treatment" does not include habilitation. In Matter of Athans, 107 W (2d) 331, 320 NW (2d) 30 (Ct. App. 1982).
51.02
51.02
Council on mental health. 51.02(1)
(1) The council on mental health shall have the following duties:
51.02(1)(a)
(a) Advise the department, the legislature and the governor on the use of state and federal resources and on the provision and administration of programs for persons who are mentally ill or who have other mental health problems, for groups who are not adequately served by the mental health system, for the prevention of mental health problems and for other mental health related purposes.
51.02(1)(b)
(b) Provide recommendations to the department on the expenditure of federal funds received under the community mental health block grant under
42 USC 300x to
300x-9 and participate in the development of and monitor and evaluate the implementation of, the community mental health block grant plan.
51.02(1)(c)
(c) Review all departmental plans for services affecting persons with mental illness and monitor the implementation of the plans.
51.02(1)(d)
(d) Serve as an advocate for persons with mental illness.
51.02(1)(e)
(e) Submit annually to the department, the chief clerk of each house of the legislature, for distribution to the legislature under
s. 13.172 (2), and the governor a report on recommended policy changes in the area of mental health.
51.02(1)(f)
(f) Consult with the department in the development of a model community mental health plan under
s. 51.42 (7) (a) 9., and review and advise the department on community mental health plans submitted by counties under
s. 51.42 (3) (ar) 5.
51.02(1)(g)
(g) Promote the development and administration of a delivery system for community mental health services that is sensitive to the needs of consumers of the services.
51.02(1)(h)
(h) Review and comment on the human services and community programs board member training curriculum developed by the department under
s. 51.42 (7) (a) 3m.
51.02(2)
(2) The secretary shall submit all departmental plans affecting persons with mental illness to the council for its review. The council shall provide its recommendations to the secretary within such time as the secretary may require.
51.03
51.03
Department; powers and duties. 51.03(1)
(1) The department through its authorized agents may visit or investigate any treatment facility to which persons are admitted or committed under this chapter.
51.03(2)
(2) No later than 14 days after the date of a death reported under
s. 51.64 (2) (a), the department shall investigate the death.
51.03(3)(a)(a) Beginning on September 1, 1996, the department shall collect and analyze information in this state on each of the following:
51.03(3)(a)3.
3. The number of, cost of and paying sources for days of inpatient mental health treatment that result from the commitments initiated under
subd. 1. or ordered under
subd. 2.
51.03(3)(a)5.
5. The number of persons who are receiving care and treatment under community support programs voluntarily or under commitments ordered under
s. 51.20 (13).
51.03(3)(b)
(b) By April 1, 1997, and annually by that date for 3 years thereafter, the department shall submit a report to the legislature under
s. 13.172 (2) on the information collected under
par. (a).
51.032
51.032
Denial and revocations of certification or approval based on tax delinquency. 51.032(1)
(1) The department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing any of the following:
51.032(2)
(2) The department may not disclose any information received under
sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under
s. 73.0301.
51.032(3)
(3) The department shall deny an application for the issuance of a certification or approval specified in
sub. (1) if the applicant does not provide the information specified in
sub. (1).
51.032(4)
(4) The department shall deny an application for the issuance of a certification or approval specified in
sub. (1) or shall revoke a certification or approval specified in
sub. (1) if the department of revenue certifies under
s. 73.0301 that the applicant for or holder of a certification or approval is liable for delinquent taxes.
51.032 History
History: 1997 a. 237.
51.038
51.038
Outpatient mental health clinic certification. Except as provided in
s. 51.032, if a facility that provides mental health services on an outpatient basis holds current accreditation from the council on accreditation of services for families and children, the department may accept evidence of this accreditation as equivalent to the standards established by the department, for the purpose of certifying the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under
s. 49.46 (2) (b) 6. f., a community aids funding recipient under
s. 51.423 (2) or as mandated coverage under
s. 632.89.
51.038 History
History: 1987 a. 27;
1997 a. 237.
51.04
51.04
Treatment facility certification. Except as provided in
s. 51.032, any treatment facility may apply to the department for certification of the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under
s. 49.46 (2) (b) 6. f. or to a community aids funding recipient under
s. 51.423 (2) or provided as mandated coverage under
s. 632.89. The department shall annually charge a fee for each certification.
51.04 History
History: 1975 c. 224; Stats. 1975 s. 51.44;
1975 c. 430 s.
53m; Stats. 1975 s. 51.04;
1983 a. 27;
1985 a. 29,
176;
1995 a. 27;
1997 a. 237.
51.05
51.05
Mental health institutes. 51.05(1)
(1) The mental health institute located at Mendota is known as the "Mendota Mental Health Institute" and the mental health institute located at Winnebago is known as the "Winnebago Mental Health Institute". Goodland Hall West, a facility located at Mendota mental health institute, is designated as the "Maximum Security Facility at Mendota Mental Health Institute". The department shall divide the state by counties into 2 districts, and may change the boundaries of these districts, arranging them with reference to the number of patients residing in them at a given time, the capacity of the institutes and the convenience of access to them.
51.05(2)
(2) The department may not accept for admission to a mental health institute any resident person, except in an emergency, unless the county department under
s. 51.42 in the county where the person has legal residency authorizes the care, as provided in
s. 51.42 (3) (as). Patients who are committed to the department under s.
975.01, 1977 stats., or s.
975.02, 1977 stats., or
s. 971.14,
971.17,
975.06 or
980.06, admitted by the department under s.
975.17, 1977 stats., or are transferred from a juvenile correctional facility or a secured child caring institution, as defined in
s. 938.02 (15g), to a state treatment facility under
s. 51.35 (3) or from a jail or prison to a state treatment facility under
s. 51.37 (5) are not subject to this section.
51.05(3)
(3) Any person who is without a county responsible for his or her care and any person entering this state through the compact established under
s. 51.75 may be accepted by the department and temporarily admitted to an institute. Such person shall be transferred to the county department under
s. 51.42 for the community where the best interests of the person can best be served, as soon as practicable.
51.05(3g)
(3g) The department shall annually 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.
51.05(3m)
(3m) Notwithstanding
s. 20.903 (1), the department shall implement a plan that is approved by the department of administration to assure that there are sufficient revenues, as projected by the department of health and family services, to cover anticipated expenditures 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, 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.
51.05(4)
(4) The transfer or discharge of any person who is placed in a mental health institute shall be made subject to
s. 51.35.
51.05(5)
(5) School activities. If an individual over the age of 2 and under the age of 22 and eligible for special education and related services under
subch. V of ch. 115 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 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 public instruction and shall meet standards prescribed by that agency.
51.05(6)
(6) Hearing-impaired individuals. The department shall provide mental health services appropriate for hearing-impaired individuals who are residents of or are committed, admitted or transferred to a mental health institute.
51.06
51.06
Centers for the developmentally disabled. 51.06(1)(1)
Purpose. The purpose of the northern center for 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 persons to the community when their needs can be met at the local level. Services to be provided by the department at such centers shall include:
51.06(1)(a)
(a) Education within the requirements of
sub. (2), training, habilitative and rehabilitative services to those persons placed in its custody.
51.06(1)(b)
(b) Development-evaluation services to citizens through county departments under
ss. 51.42 and
51.437.
51.06(1)(c)
(c) Assistance to such community boards in meeting the needs of developmentally disabled citizens.
51.06(1)(d)
(d) At the southern center for developmentally disabled, services for up to 10 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.
51.06(2)
(2) School activities. If an individual over the age of 2 years and under the age of 22 years and eligible for special education and related services under
subch. V of ch. 115 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 public instruction. A school program operated by the center shall be under the supervision of the department of public instruction and shall meet standards prescribed by that agency.
51.06(3)
(3) Admission. Individuals under the age of 22 years shall be placed only at the central center for the developmentally disabled unless the department authorizes the placement of the individual at the northern or southern center for the developmentally disabled.
51.06(4)
(4) Transfer or discharge. The transfer or discharge of any person who is placed in a center for the developmentally disabled shall be made subject to
s. 51.35.
51.07
51.07
Outpatient services. 51.07(1)(1) The department may establish a system of outpatient clinic services in any institution operated by the department.
51.07(2)
(2) It is the purpose of this section to:
51.07(2)(a)
(a) Provide outpatient diagnostic and treatment services for patients and their families.
51.07(2)(b)
(b) Offer precommitment and preadmission evaluations and studies.
51.07(3)
(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 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 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.
51.07(4)(a)(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.
51.07(4)(b)
(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.
