Amendment SSA1-AB133

AB133-SSA1,746,6 50.035 (4p) Applicability. Subsections (4m) and (4n) apply only if the secretary has certified under s. 46.281 (3) that a resource center is available for the community-based residential facility and for specified groups of eligible individuals that include those persons seeking admission to or the residents of the community-based residential facility.

AB133-SSA1, s. 1506 Section 1506. 50.035 (7) (c) of the statutes is amended to read:

AB133-SSA1,746,12 50.035 (7) (c) If the date estimated under par. (a) 2. is less than 24 months after the date of the individual's statement of financial condition, the community-based residential facility shall provide the statement to the county department under s. 46.215 or 46.22 and shall refer the potential resident to the county department to determine whether an assessment under s. 46.27 (6) should be conducted.

AB133-SSA1, s. 1507 Section 1507. 50.035 (8) of the statutes is repealed.

AB133-SSA1, s. 1508 Section 1508. 50.035 (11) of the statutes is created to read:

AB133-SSA1,746,17 50.035 (11) Forfeitures. (a) Whoever violates sub. (4m) or (4n) or rules promulgated under sub. (4m) or (4n) may be required to forfeit not more than $500 for each violation.

AB133-SSA1,746,23 (b) The department may directly assess forfeitures provided for under par. (a). If the department determines that a forfeiture should be assessed for a particular violation, it shall send a notice of assessment to the community-based residential facility. The notice shall specify the amount of the forfeiture assessed, the violation and the statute or rule alleged to have been violated, and shall inform the licensee of the right to a hearing under par. (c).

AB133-SSA1,747,10 (c) A community-based residential facility may contest an assessment of a forfeiture by sending, within 10 days after receipt of notice under par. (b), a written request for a hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for a hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent.

AB133-SSA1,747,15 (d) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (c), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.

AB133-SSA1,747,19 (e) The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews. The only issue to be contested in any such action shall be whether the forfeiture has been paid.

AB133-SSA1, s. 1509 Section 1509. 50.037 (2) (a) of the statutes is amended to read:

AB133-SSA1,747,23 50.037 (2) (a) The biennial fee for a community-based residential facility is $170 $306, plus a biennial fee of $22 $39.60 per resident, based on the number of residents that the facility is licensed to serve.

AB133-SSA1, s. 1510 Section 1510. 50.04 (2g) of the statutes is created to read:

AB133-SSA1,748,6 50.04 (2g) Provision of information required. (a) Subject to sub. (2i), a nursing home shall, within the time period after inquiry by a prospective resident that is prescribed by the department by rule, inform the prospective resident of the services of a resource center under s. 46.283, the family care benefit under s. 46.286 and the availability of a functional and financial screen to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

AB133-SSA1,748,8 (b) Failure to comply with this subsection is a class "C" violation under sub. (4) (b) 3.

AB133-SSA1, s. 1511 Section 1511. 50.04 (2h) of the statutes is created to read:

AB133-SSA1,748,14 50.04 (2h) Required referral. (a) Subject to sub. (2i), a nursing home shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, who is at least 65 years of age or has developmental disability or physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:

AB133-SSA1,748,16 1. The person has received a screen for functional eligibility under s. 46.286 (1) (a) within the previous 6 months.

AB133-SSA1,748,17 2. The person is seeking admission to the nursing home only for respite care.

AB133-SSA1,748,18 3. The person is an enrollee of a care management organization.

AB133-SSA1,748,20 (b) Failure to comply with this subsection is a class "C" violation under sub. (4) (b) 3.

AB133-SSA1, s. 1512 Section 1512. 50.04 (2i) of the statutes is created to read:

AB133-SSA1,748,25 50.04 (2i) Applicability. Subsections (2g) and (2h) apply only if the secretary has certified under s. 46.281 (3) that a resource center is available for the nursing home and for specified groups of eligible individuals that include those persons seeking admission to or the residents of the nursing home.

AB133-SSA1, s. 1513 Section 1513. 50.04 (2m) of the statutes is renumbered 50.04 (2m) (a) and amended to read:

AB133-SSA1,749,7 50.04 (2m) (a) No Except as provided in par. (b), no nursing home may admit any patient until a physician has completed a plan of care for the patient and the patient is assessed or the patient is exempt from or waives assessment under s. 46.27 (6) (a) or 46.271 (2m) (a) 2. Failure to comply with this subsection is a class "C" violation under sub. (4) (b) 3.

AB133-SSA1, s. 1514 Section 1514. 50.04 (2m) (b) of the statutes is created to read:

AB133-SSA1,749,10 50.04 (2m) (b) Paragraph (a) does not apply to those residents for whom the secretary has certified under s. 46.281 (3) that a resource center is available.

AB133-SSA1, s. 1515 Section 1515. 50.06 (7) of the statutes is amended to read:

AB133-SSA1,749,17 50.06 (7) An individual who consents to an admission under this section may request that an assessment be conducted for the incapacitated individual under the long-term support community options program under s. 46.27 (6) or, if the secretary has certified under s. 46.281 (3) that a resource center is available for the individual, a functional and financial screen to determine eligibility for the family care benefit under s. 46.286 (1).

AB133-SSA1, s. 1522 Section 1522. 50.065 (8) of the statutes is amended to read:

AB133-SSA1,749,24 50.065 (8) The department may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a) or for providing information to an entity to enable the entity to comply with sub. (2) (b) 1. or (3) (b). The fee may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining the information if to do so would be inconsistent with federal law.

AB133-SSA1, s. 1524 Section 1524. 50.135 (2) (c) of the statutes is amended to read:

AB133-SSA1,750,3 50.135 (2) (c) The fees collected under par. (a) shall be credited to the appropriations under s. 20.435 (1) (4) (gm) and (6) (jm) as specified in those appropriations for licensing, review and certifying activities.

AB133-SSA1, s. 1525 Section 1525. 50.36 (2) (c) of the statutes is created to read:

AB133-SSA1,750,12 50.36 (2) (c) The department shall promulgate rules that require that a hospital, before discharging a patient who is aged 65 or older or who has developmental disability or physical disability and whose disability or condition requires long-term care that is expected to last at least 90 days, refer the patient to the resource center under s. 46.283. The rules shall specify that this requirement applies only if the secretary has certified under s. 46.281 (3) that a resource center is available for the hospital and for specified groups of eligible individuals that include persons seeking admission to or patients of the hospital.

AB133-SSA1, s. 1526 Section 1526. 50.38 of the statutes is created to read:

AB133-SSA1,750,15 50.38 Forfeitures. (1) Whoever violates rules promulgated under s. 50.36 (2) (c) may be required to forfeit not more than $500 for each violation.

AB133-SSA1,750,21 (2) The department may directly assess forfeitures provided for under sub. (1). If the department determines that a forfeiture should be assessed for a particular violation, the department shall send a notice of assessment to the hospital. The notice shall specify the amount of the forfeiture assessed, the violation and the statute or rule alleged to have been violated, and shall inform the hospital of the right to a hearing under sub. (3).

AB133-SSA1,751,7 (3) A hospital may contest an assessment of a forfeiture by sending, within 10 days after receipt of notice under sub. (2), a written request for a hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for a hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent.

AB133-SSA1,751,12 (4) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under sub. (3), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.

AB133-SSA1,751,16 (5) The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews. The only issue to be contested in any such action shall be whether the forfeiture has been paid.

AB133-SSA1, s. 1529 Section 1529. 50.49 (2) (b) of the statutes is amended to read:

AB133-SSA1,751,20 50.49 (2) (b) The department shall, by rule, set a license fee to be paid by home health agencies. The fee shall be based on the annual net income, as determined by the department, of a home health agency.

AB133-SSA1, s. 1530 Section 1530. 50.49 (4) of the statutes is amended to read:

AB133-SSA1,752,3 50.49 (4) Licensing, inspection and regulation. The Except as provided in sub. (6m), the department may register, license, inspect and regulate home health agencies as provided in this section. The department shall ensure, in its inspections of home health agencies, that a sampling of records from private pay patients are reviewed. The department shall select the patients who shall receive home visits as a part of the inspection. Results of the inspections shall be made available to the public at each of the regional offices of the department.

AB133-SSA1, s. 1531 Section 1531. 50.49 (6m) of the statutes is created to read:

AB133-SSA1,752,7 50.49 (6m) Exceptions. None of the following is required to be licensed as a home health agency under sub. (4), regardless of whether any of the following provides services that are similar to services provided by a home health agency:

AB133-SSA1,752,8 (a) A care management organization, as defined in s. 46.2805 (1).

AB133-SSA1,752,9 (b) A program specified in s. 46.2805 (1) (a).

AB133-SSA1,752,10 (c) A demonstration program specified in s. 46.2805 (1) (b).

AB133-SSA1, s. 1535 Section 1535. 51.03 (1) of the statutes is renumbered 51.03 (1r).

AB133-SSA1, s. 1536 Section 1536. 51.03 (1g) of the statutes is created to read:

AB133-SSA1,752,13 51.03 (1g) In this section:

AB133-SSA1,752,17 (a) "Early intervention" means action to hinder or alter a person's mental disorder or abuse of alcohol or other drugs in order to reduce the duration of early symptoms or to reduce the duration or severity of mental illness or alcohol or other drug abuse that may result.

AB133-SSA1,752,25 (b) "Individualized service planning" means a process under which a person with mental illness or who abuses alcohol or other drugs and, if a child, his or her family, receives information, education and skills to enable the person to participate mutually and creatively with his or her mental health or alcohol or other drug abuse service provider in identifying his or her personal goals and developing his or her assessment, crisis protocol, treatment and treatment plan. "Individualized service planning" is tailored to the person and is based on his or her strengths, abilities and needs.

AB133-SSA1,753,4 (c) "Prevention" means action to reduce the instance, delay the onset or lessen the severity of mental disorder, before the disorders may progress to mental illness, by reducing risk factors for, enhancing protections against and promptly treating early warning signs of mental disorder.

AB133-SSA1,753,9 (d) "Recovery" means the process of a person's growth and improvement, despite a history of mental illness or alcohol or other drug abuse, in attitudes, feelings, values, goals, skills and behavior and is measured by a decrease in dysfunctional symptoms and an increase in maintaining the person's highest level of health, wellness, stability, self-determination and self-sufficiency.

AB133-SSA1,753,13 (e) "Stigma" means disqualification from social acceptance, derogation, marginalization and ostracism encountered by persons with mental illness or persons who abuse alcohol or other drugs as the result of societal negative attitudes, feelings, perceptions, representations and acts of discrimination.

AB133-SSA1, s. 1537 Section 1537. 51.03 (4) of the statutes is created to read:

AB133-SSA1,753,16 51.03 (4) Within the limits of available state and federal funds, the department may do all of the following:

AB133-SSA1,753,23 (a) Promote the creation of coalitions among the state, counties, providers of mental health and alcohol and other drug abuse services, consumers of the services and their families and advocates for persons with mental illness and for alcoholic and drug dependent persons to develop, coordinate and provide a full range of resources to advance prevention; early intervention; treatment; recovery; safe and affordable housing; opportunities for education, employment and recreation; family and peer support; self-help; and the safety and well-being of communities.

AB133-SSA1,754,4 (b) In cooperation with counties, providers of mental health and alcohol and other drug abuse services, consumers of the services, interested community members and advocates for persons with mental illness and for alcoholic and drug dependent persons, develop and implement a comprehensive strategy to reduce stigma of and discrimination against persons with mental illness, alcoholics and drug dependent persons.

AB133-SSA1,754,9 (c) Develop and implement a comprehensive strategy to involve counties, providers of mental health and alcohol and other drug abuse services, consumers of the services and their families, interested community members and advocates for persons with mental illness and for alcoholic and drug dependent persons as equal participants in service system planning and delivery.

AB133-SSA1,754,11 (d) Promote responsible stewardship of human and fiscal resources in the provision of mental health and alcohol and other drug abuse services.

AB133-SSA1,754,13 (e) Develop and implement methods to identify and measure outcomes for consumers of mental health and alcohol and other drug abuse services.

AB133-SSA1,754,16 (f) Promote access to appropriate mental health and alcohol and other drug abuse services regardless of a person's geographic location, age, degree of mental illness, alcoholism or drug dependency or availability of personal financial resources.

AB133-SSA1,754,18 (g) Promote consumer decision making to enable persons with mental illness and alcohol or drug dependency to be more self-sufficient.

AB133-SSA1,754,23 (h) Promote use by providers of mental health and alcohol and other drug abuse services of individualized service planning, under which the providers develop written individualized service plans that promote treatment and recovery, together with service consumers, families of service consumers who are children and advocates chosen by consumers.

AB133-SSA1, s. 1538 Section 1538. 51.03 (5) of the statutes is created to read:

AB133-SSA1,755,3 51.03 (5) The department shall ensure that providers of mental health and alcohol and other drug abuse services who use individualized service plans, as specified in sub. (4) (h), do all of the following in using a plan:

AB133-SSA1,755,4 (a) Establish meaningful and measurable goals for the consumer.

AB133-SSA1,755,6 (b) Base the plan on a comprehensive assessment of the consumer's strengths, abilities, needs and preferences.

AB133-SSA1,755,7 (c) Keep the plan current.

AB133-SSA1,755,8 (d) Modify the plan as necessary.

AB133-SSA1, s. 1540 Section 1540. 51.06 (1) (d) of the statutes is amended to read:

AB133-SSA1,755,14 51.06 (1) (d) At the southern center for developmentally disabled, services Services for up to 10 36 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.

AB133-SSA1, s. 1541 Section 1541. 51.07 (3) of the statutes is amended to read:

AB133-SSA1,755,25 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) persons receiving services under contracts under s. 46.043. 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.

AB133-SSA1, s. 1542 Section 1542. 51.07 (4) of the statutes is repealed.

AB133-SSA1, s. 1562 Section 1562. 51.42 (3) (ar) 17. of the statutes is created to read:

AB133-SSA1,756,6 51.42 (3) (ar) 17. If authorized under s. 46.283 (1) (a) 1., apply to the department of health and family services to operate a resource center under s. 46.283 and, if the department contracts with the county under s. 46.283 (2), operate the resource center.

AB133-SSA1, s. 1563 Section 1563. 51.42 (3) (ar) 18. of the statutes is created to read:

AB133-SSA1,756,11 51.42 (3) (ar) 18. If authorized under s. 46.284 (1) (a) 1., apply to the department of health and family services to operate a care management organization under s. 46.284 and, if the department contracts with the county under s. 46.284 (2), operate the care management organization and, if appropriate, place funds in a risk reserve.

AB133-SSA1, s. 1564 Section 1564. 51.42 (3) (as) 3. of the statutes is amended to read:

AB133-SSA1,756,25 51.42 (3) (as) 3. Care, services and supplies provided after December 31, 1973, to any person who, on December 31, 1973, was in or under the supervision of a mental health institute, or was receiving mental health services in a facility authorized by s. 51.08 or 51.09, but was not admitted to a mental health institute by the department of health and family services, shall be charged to the county department of community programs which was responsible for such care and services at the place where the patient resided when admitted to the institution. The department of health and family services shall may bill county departments of community programs for care provided at the mental health institutes at rates which reflects the estimated per diem cost of specific levels of care, to be adjusted periodically by the department of health and family services sets on a flexible basis, except that this flexible rate structure shall cover the cost of operations of the mental health institutes.

AB133-SSA1, s. 1565 Section 1565. 51.42 (3) (aw) 1. d. of the statutes is amended to read:

AB133-SSA1,757,8 51.42 (3) (aw) 1. d. Provide treatment and services that are specified in a conditional release plan approved by a court for a person who is a county resident and is conditionally released under s. 971.17 (3) or (4) or that are specified in a supervised release plan approved by a court under s. 980.06 (2) (c), 1997 stats., or s. 980.08 (5). If the county department provides treatment and services under this subdivision, the department of health and family services shall, from the appropriation under s. 20.435 (2) (bj), pay the county department for the costs of the treatment and services.

AB133-SSA1, s. 1566 Section 1566. 51.42 (3) (e) of the statutes is amended to read:

AB133-SSA1,757,21 51.42 (3) (e) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), any subunit of a county department of community programs acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of community programs, with a resource center, care management organization or family care district, or with any person providing services to the client under a purchase of services contract with the county department of community programs or with a resource center, care management organization or family care district, if necessary to enable an employe or service provider to perform his or her duties, or to enable the county department of community programs to coordinate the delivery of services to the client.