SB44-SSA1, s. 1466
13Section
1466. 50.03 (5g) (c) 1. c. of the statutes is amended to read:
SB44-SSA1,562,2014
50.03
(5g) (c) 1. c. All forfeitures shall be paid to the department within 10 days
15after receipt of notice of assessment or, if the forfeiture is contested under par. (f),
16within 10 days after receipt of the final decision after exhaustion of administrative
17review, unless the final decision is appealed and the order is stayed by court order
18under s. 50.03 (11). The department shall remit all forfeitures paid under this
19subdivision to the
state treasurer secretary of administration for deposit in the
20school fund.
SB44-SSA1,562,25
2250.031 Nursing home surveyor positions. (1) In this section, "long-term
23care facility" means a licensed nursing home, community-based residential facility,
24adult family home, home health agency, or rural medical center or a certified or
25registered residential care apartment complex.
SB44-SSA1,563,11
1(2) For every December 31 on which the total number of long-term care
2facilities is less than the total number of long-term care facilities that existed on
3December 31 of the previous year, the total number of authorized full-time
4equivalent program revenue positions, as defined in s. 230.03 (11), for the
5department, funded from the appropriation account under s. 20.435 (6) (jm) for the
6purpose of performing surveillance of licensed nursing homes, shall be reduced by
7the same percentage by which the total number of long-term care facilities is reduced
8from the total number of long-term care facilities that existed on December 31 of the
9previous year. Each reduction of authorized full-time equivalent program revenue
10positions shall begin on July 1 of the year following the year in which the reduction
11of the total number of long-term care facilities occurred.
SB44-SSA1,563,1813
50.034
(8) (d) All forfeitures shall be paid to the department within 10 days
14after receipt of notice of assessment or, if the forfeiture is contested under par. (c),
15within 10 days after receipt of the final decision after exhaustion of administrative
16review, unless the final decision is appealed and the order is stayed by court order.
17The department shall remit all forfeitures paid to the
state treasurer secretary of
18administration for deposit in the school fund.
SB44-SSA1,563,2520
50.035
(11) (d) All forfeitures shall be paid to the department within 10 days
21after receipt of notice of assessment or, if the forfeiture is contested under par. (c),
22within 10 days after receipt of the final decision after exhaustion of administrative
23review, unless the final decision is appealed and the order is stayed by court order.
24The department shall remit all forfeitures paid to the
state treasurer secretary of
25administration for deposit in the school fund.
SB44-SSA1,564,82
50.04
(5) (f)
Forfeitures paid within 10 days. All forfeitures shall be paid to the
3department within 10 days of receipt of notice of assessment or, if the forfeiture is
4contested under par. (e), within 10 days of receipt of the final decision after
5exhaustion of administrative review, unless the final decision is appealed and the
6order is stayed by court order under s. 50.03 (11). The department shall remit all
7forfeitures paid to the
state treasurer secretary of administration for deposit in the
8school fund.
SB44-SSA1,564,1411
50.07
(3) (b) Any employee
of an employer not described in par. (a) who is
12discharged or otherwise retaliated or discriminated against in violation of sub. (1)
13(e) or (em) may file a complaint with the department of workforce development under
14s. 106.54 (5).
SB44-SSA1,564,1816
50.07
(3) (c) Any person not described in par.
(a) or (b) who is retaliated or
17discriminated against in violation of sub. (1) (e) or (em) may commence an action in
18circuit court for damages incurred as a result of the violation.
SB44-SSA1,564,20
2050.14 (title)
Assessments on occupied, licensed beds.
SB44-SSA1,564,2522
50.14
(1) (a) Notwithstanding s. 50.01 (1m), "facility" means a nursing home
23or an intermediate care facility for the mentally retarded
, which is not state-owned
24or state-operated, federally owned or federally operated or that is not located outside
25the state.
SB44-SSA1, s. 1478
1Section
1478. 50.14 (2) of the statutes is renumbered 50.14 (2) (intro.) and
2amended to read:
SB44-SSA1,565,203
50.14
(2) (intro.) For the privilege of doing business in this state, there is
4imposed on all
occupied, licensed beds of a facility
, except occupied, licensed beds for
5which payment is made under 42 USC 1395 to 1395ccc, an assessment
that shall be
6deposited in the general fund and that
is $100 per calendar month per
occupied, 7licensed bed of an intermediate care facility for the mentally retarded
may not exceed
8$435 in fiscal year 2003-04 and may not exceed $445 in fiscal year 2004-05 and
is
9$32 an assessment that may not exceed $75 per calendar month per
occupied, 10licensed bed of a nursing home. The assessment shall be
on the average number of
11occupied, licensed beds of a facility for the calendar month previous to the month of
12assessment, based on an average daily midnight census computed and reported by
13the facility and verified by the department. Charged bed-hold days for any resident
14of a facility shall be included as one full day in the average daily midnight census 15deposited in the general fund, except that in fiscal year 2003-04, amounts in excess
16of $14,300,000, in fiscal year 2004-05, amounts in excess of $13,800,000, and,
17beginning July 1, 2005, in each fiscal year, amounts in excess of 45% of the money
18received from the assessment shall be deposited in the Medical Assistance trust
19fund. In determining the number of
occupied, licensed beds,
if all of the following
20apply:
SB44-SSA1,565,23
21(a) If the amount of the beds is other than a whole number
, the fractional part
22of the amount shall be disregarded unless it equals 50% or more of a whole number,
23in which case the amount shall be increased to the next whole number.
SB44-SSA1,566,3
150.14
(2) (b) The number of licensed beds of a nursing home includes any
2number of beds that have been delicensed under s. 49.45 (6m) (ap) 1. but not deducted
3from the nursing home's licensed bed capacity under s. 49.45 (6m) (ap) 4. a.
SB44-SSA1,566,115
50.14
(3) By the end of each month, each facility shall submit to the department
6the facility's occupied licensed bed count and the amount due under sub. (2) for each
7occupied licensed bed of the facility for the month preceding the month during which
8the
bed count and payment
are is being submitted. The department shall verify the
9bed count number of beds licensed and, if necessary, make adjustments to the
10payment, notify the facility of changes in the
bed count or payment
owing and send
11the facility an invoice for the additional amount due or send the facility a refund.
SB44-SSA1,566,1913
50.14
(4) Sections 77.59 (1) to (5), (6) (intro.), (a) and (c) and (7) to (10), 77.60
14(1) to (7), (9) and (10), 77.61 (9) and (12) to (14) and 77.62, as they apply to the taxes
15under subch. III of ch. 77, apply to the assessment under this section
, except that the
16amount of any assessment collected under s. 77.59 (7) in excess of $14,300,000 in
17fiscal year 2003-04, in excess of $13,800,000 in fiscal year 2004-05, and, beginning
18July 1, 2005, in excess of 45% in each fiscal year shall be deposited in the Medical
19Assistance trust fund.
SB44-SSA1,567,221
50.38
(4) All forfeitures shall be paid to the department within 10 days after
22receipt of notice of assessment or, if the forfeiture is contested under sub. (3), within
2310 days after receipt of the final decision after exhaustion of administrative review,
24unless the final decision is appealed and the order is stayed by court order. The
1department shall remit all forfeitures paid to the
state treasurer secretary of
2administration for deposit in the school fund.
SB44-SSA1,567,84
50.55
(1) (e) All forfeitures shall be paid to the department within 10 days after
5receipt of notice of assessment or, if the forfeiture is contested under par. (d), within
610 days after receipt of the final decision, unless the final decision is appealed and
7the decision is in favor of the appellant. The department shall remit all forfeitures
8paid to the
state treasurer secretary of administration for deposit in the school fund.
SB44-SSA1,567,1210
50.90
(2) "Organization" means a public agency, as defined in s.
46.93 (1m) (e) 1146.856 (1) (b), a nonprofit corporation, a for-profit stock corporation, a cooperative,
12a partnership, a limited liability company or a sole proprietorship.
SB44-SSA1,567,2014
50.98
(5) All forfeitures shall be paid to the department within 10 days after
15receipt of notice of assessment or, if the forfeiture is contested under sub. (4), within
1610 days after receipt of the final decision after exhaustion of administrative review,
17unless the final decision is appealed and the order is stayed by court order under the
18same terms and conditions as found in s. 50.03 (11). The department shall remit all
19forfeitures paid to the
state treasurer secretary of administration for deposit in the
20school fund.
SB44-SSA1,567,2422
51.06
(1m) (d) Services for
up to 50 individuals with developmental disability
23who are also diagnosed as mentally ill or who exhibit extremely aggressive and
24challenging behaviors.
SB44-SSA1, s. 1487
1Section
1487. 51.06 (3) of the statutes is renumbered 51.06 (3) (a) and
2amended to read:
SB44-SSA1,568,63
51.06
(3) (a)
Individuals Subject to par. (b), individuals under the age of 22
4years shall be placed only at the central center for the developmentally disabled
5unless the department authorizes the placement of the individual at the northern or
6southern center for the developmentally disabled.
SB44-SSA1,568,108
51.06
(3) (b) An individual may be placed at or transferred to a center for the
9developmentally disabled for services under sub. (1m) (d) only after all of the
10following conditions are met:
SB44-SSA1,568,1211
1. The department determines that a licensed bed and other necessary
12resources are available to provide services to the individual.
SB44-SSA1,568,1413
2. The department and the county of residence of the individual agree on a
14maximum discharge date for the individual.
SB44-SSA1,568,2416
51.06
(5) Surcharge for extended intensive treatment. The department may
17impose on a county a progressive surcharge for services under sub. (1m) (d) that an
18individual receives after the maximum discharge date for the individual that was
19agreed upon under sub. (3) (b) 2. The surcharge is 10% of the amount paid for the
20individual's services under s. 49.45 during any part of the first 6-month period
21following the maximum discharge date, and increases by 10% of the amount paid for
22the individual's services under s. 49.45 during any part of each 6-month period
23thereafter. Any revenues received under this subsection shall be credited to the
24appropriation account under s. 20.435 (2) (gL).
SB44-SSA1,569,15
151.06
(6) Sale of assets or real property at Northern Center for the
2Developmentally Disabled. The department may maintain the Northern Center for
3the Developmentally Disabled for the purpose specified in sub. (1), but may sell
4assets or real property of the Northern Center for the Developmentally Disabled. If
5there is any outstanding public debt used to finance the acquisition, construction, or
6improvement of any property that is sold under this subsection, the department shall
7deposit a sufficient amount of the net proceeds from the sale of the property in the
8bond security and redemption fund under s. 18.09 to repay the principal and pay the
9interest on the debt, and any premium due upon refunding any of the debt. If the
10property was purchased with federal financial assistance, the department shall pay
11to the federal government any of the net proceeds required by federal law. If there
12is no such debt outstanding and there are no moneys payable to the federal
13government, or if the net proceeds exceed the amount required to be deposited or paid
14under this subsection, the department shall credit the net proceeds or remaining net
15proceeds to the appropriation account under s. 20.435 (2) (gk).
SB44-SSA1,569,2317
51.06
(7) Employee or position transfers. The department may not transfer
18an employee of the Northern Center for the Developmentally Disabled to another
19center for the developmentally disabled unless the employee requests the transfer.
20The department may not transfer employee positions from the Northern Center for
21the Developmentally Disabled to another center for the developmentally disabled if
22the position transfer would have the purpose or effect of significantly changing the
23mission of the Northern Center for the Developmentally Disabled.
SB44-SSA1, s. 1491
24Section
1491. 51.20 (13) (c) (intro.) of the statutes is amended to read:
SB44-SSA1,570,2
151.20
(13) (c) (intro.) If disposition is made under par. (a) 3.
, all of the following
2apply:
SB44-SSA1,570,94
51.20
(13) (c) 1. The court shall designate the facility or service
which that is
5to receive the subject individual into the mental health system,
except that, if the
6subject individual is under the age of 22 years and the facility is a center for the
7developmentally disabled, the court shall designate only the central center for the
8developmentally disabled unless the department authorizes designation of the
9northern or southern center for the developmentally disabled;
subject to s. 51.06 (3).
SB44-SSA1,570,1911
51.20
(13) (c) 2. The county department under s. 51.42 or 51.437 shall arrange
12for treatment in the least restrictive manner consistent with the requirements of the
13subject individual in accordance with a court order designating the maximum level
14of inpatient facility, if any,
which that may be used for treatment,
except that, if the
15subject individual is under the age of 22 years and the facility is a center for the
16developmentally disabled, designation shall be only to the central center for the
17developmentally disabled unless the department authorizes the placement of the
18individual at the northern or southern center for the developmentally disabled; and 19subject to s. 51.06 (3).
SB44-SSA1,571,1021
51.20
(13) (f) The county department under s. 51.42 or 51.437
which that 22receives an individual who is committed by a court under par. (a) 3. is authorized to
23place
such the individual in an approved treatment facility
, subject to any limitations
24which are specified by the court under par. (c) 2. The county department shall place
25the subject individual in the treatment program and treatment facility
which that
1is least restrictive of the individual's personal liberty, consistent with the treatment
2requirements of the individual. The county department
shall have has ongoing
3responsibility to review the individual's needs, in accordance with sub. (17), and
to 4transfer the person to the least restrictive program consistent with the individual's
5needs.
If the subject individual is under the age of 22 years and if the facility
6appropriate for placement or transfer is a center for the developmentally disabled,
7placement or transfer of the individual shall be made only to the central center for
8the developmentally disabled unless the department authorizes the placement or
9transfer to the northern or southern center for the developmentally disabled 10Placement or transfer under this paragraph is subject to s. 51.06 (3).
SB44-SSA1,572,412
51.35
(1) (a)
The Subject to pars. (b) and (d), the department or the county
13department under s. 51.42 or 51.437 may transfer any patient or resident who is
14committed to it, or who is admitted to a
treatment facility under its supervision or
15operating under an agreement with it, between treatment facilities or from a
16treatment facility into the community if
such the transfer is consistent with
17reasonable medical and clinical judgment
and, consistent with s. 51.22 (5)
. The
18transfer shall be made, and, if the transfer results in a greater restriction of personal
19freedom for the patient or resident, in accordance with par. (e). Terms and conditions
20which that will benefit the patient or resident may be imposed as part of a transfer
21to a less restrictive treatment alternative. A patient or resident who is committed
22to the department or a county department under s. 51.42 or 51.437 may be required
23to take medications and receive treatment, subject to the right of the patient or
24resident to refuse medication and treatment under s. 51.61 (1) (g) and (h), through
25a community support program as a term or condition of a transfer. The patient or
1resident shall be informed at the time of transfer of the consequences of violating
2such the terms and conditions
of the transfer, including possible transfer back to a
3facility which treatment facility that imposes a greater restriction on personal
4freedom of the patient or resident.
SB44-SSA1, s. 1496
5Section
1496. 51.35 (1) (b) of the statutes is renumbered 51.35 (1) (b) 1. and
6amended to read:
SB44-SSA1,572,127
51.35
(1) (b) 1.
In addition to the requirements in par. (a), a Except as provided
8in pars. (c) and (d), a transfer of a patient in a mental health institute
or center for
9the developmentally disabled by the department is subject to the approval of the
10appropriate county department under ss. 51.42 and 51.437 to which the patient was
11committed or through which the patient was admitted to the
facility, if any mental
12health institute.
SB44-SSA1,572,1814
51.35
(1) (b) 2. Except as provided in pars. (c) and (d), a transfer of a resident
15of a center for the developmentally disabled by the department is subject to the
16approval of the appropriate county department under s. 51.42 or 51.437 to which the
17resident was committed or through which the resident was admitted to the center
18and to the approval of the resident's guardian.
SB44-SSA1,572,2520
51.35
(1) (bm)
Notwithstanding par. (b), transfer Transfer of a
patient under
21the age of 22 years resident by a county department to a center for the
22developmentally disabled
may be made only to the central center for the
23developmentally disabled unless the department authorizes the transfer of the
24patient to the northern or southern center for the developmentally disabled is subject
25to s. 51.06 (3).
SB44-SSA1,573,102
51.35
(1) (c) The department may, without approval of the county department
3under s. 51.42 or 51.437
and notwithstanding par. (d) 3., transfer any patient from
4a treatment facility to another treatment facility when the condition of the patient
5requires such transfer without delay. The department shall notify the appropriate
6county department under s. 51.42 or 51.437 that the transfer has been made. Any
7patient so transferred may be returned to the treatment facility from which the
8transfer was made, upon orders from the department or the county department
9under s. 51.42 or 51.437, when
such the return would be in the best interests of the
10patient.
SB44-SSA1, s. 1499
11Section
1499. 51.35 (1) (d) 1. and 2. of the statutes are amended to read:
SB44-SSA1,573,1512
51.35
(1) (d) 1.
The Subject to subd. 2., the department may, without approval
13of the appropriate county department under s. 51.42 or 51.437, transfer any patient
14from a state treatment facility or other inpatient facility to an approved treatment
15facility which is less restrictive of the patient's personal freedom.
SB44-SSA1,573,2216
2. Transfer under this
subsection paragraph may be made only if the transfer
17is consistent with the requirements of par. (a), and the department finds that the
18appropriate county department under s. 51.42 or 51.437 is unable to locate an
19approved treatment facility in the community, or that
such the county department
20has acted in an arbitrary or capricious manner to prevent the transfer of the patient
21out of the state treatment facility or other inpatient facility contrary to medical and
22clinical judgment.
SB44-SSA1, s. 1499b
23Section 1499b. 51.35 (1) (d) 3. of the statutes is renumbered 51.35 (1) (b) 3.
24and amended to read:
SB44-SSA1,574,7
151.35
(1) (b) 3.
A Except as provided in pars. (c) and (d), a transfer of a patient
,
2made under authority of this subsection, in a treatment facility other than as
3specified in subd. 1. or 2. may be made
by the department only after the department
4has notified the
appropriate county department under s. 51.42 or 51.437 of its intent
5to transfer
a the patient
in accordance with this subsection. The patient's guardian,
6if any, or if a minor his or her parent or person in the place of a parent shall be notified
7by the department.
SB44-SSA1,574,169
51.35
(5) Residential living arrangements; transitionary services. The
10department and any person, director or board authorized to discharge or transfer
11patients under this section shall ensure that a proper residential living arrangement
12and the necessary transitionary services are available and provided for the patient
13being discharged or transferred. Under this subsection, a proper residential living
14arrangement may not include a shelter facility, as defined under s.
16.352 560.9808 15(1) (d), unless the discharge or transfer to the shelter facility is made on an
16emergency basis for a period not to exceed 10 days.
SB44-SSA1, s. 1502
17Section
1502. 51.437 (4rm) (c) 2m. of the statutes is amended to read:
SB44-SSA1,574,2218
51.437
(4rm) (c) 2m. Bill the county department of developmental disabilities
19services for services
that are not provided by the federal government and that are 20provided under s. 51.06 (1m) (d) to individuals who are eligible for medical assistance
21that are not provided by the federal government, plus any applicable surcharge
22under s. 51.06 (5), using the procedure established under subd. 1.
SB44-SSA1,575,22
2451.67 Alternate procedure; protective services. (intro.) If, after
a hearing
25under s. 51.13 (4) or 51.20, the court finds that commitment under this chapter is not
1warranted and that the subject individual is a fit subject for guardianship and
2protective placement or services, the court may, without further notice, appoint a
3temporary guardian for the subject individual and order temporary protective
4placement or services under ch. 55 for a period not to exceed 30 days.
If the court
5orders temporary Temporary protective placement for an individual
under the age
6of 22 years in a center for the developmentally disabled
, this placement may be made
7only at the central center for the developmentally disabled unless the department
8authorizes the placement or transfer to the northern or southern center for the
9developmentally disabled is subject to s. 51.06 (3). Any interested party may then
10file a petition for permanent guardianship or protective placement or services,
11including medication, under ch. 55. If the individual is in a treatment facility, the
12individual may remain in the facility during the period of temporary protective
13placement if no other appropriate facility is available. The court may order
14psychotropic medication as a temporary protective service under this section if it
15finds that there is probable cause to believe the individual is not competent to refuse
16psychotropic medication and that the medication ordered will have therapeutic
17value and will not unreasonably impair the ability of the individual to prepare for
18and participate in subsequent legal proceedings. An individual is not competent to
19refuse psychotropic medication if, because of chronic mental illness, and after the
20advantages and disadvantages of and alternatives to accepting the particular
21psychotropic medication have been explained to the individual, one of the following
22is true:
SB44-SSA1,576,11
2455.001 Declaration of policy. The legislature recognizes that many citizens
25of the state, because of the infirmities of aging, chronic mental illness, mental
1retardation, other developmental disabilities or like incapacities incurred at any age,
2are in need of protective services.
These Except as provided in s. 49.45 (30m) (a),
3these services should, to the maximum degree of feasibility under programs, services
4and resources that the county board of supervisors is reasonably able to provide
5within the limits of available state and federal funds and of county funds required
6to be appropriated to match state funds, allow the individual the same rights as other
7citizens, and at the same time protect the individual from exploitation, abuse and
8degrading treatment. This chapter is designed to establish those services and assure
9their availability to all persons when in need of them, and to place the least possible
10restriction on personal liberty and exercise of constitutional rights consistent with
11due process and protection from abuse, exploitation and neglect.
SB44-SSA1,576,1313
55.01
(4g) "Intermediate facility" has the meaning given in s. 46.279 (1) (a).
SB44-SSA1,576,1515
55.01
(4t) "Nursing facility" has the meaning given in s. 46.279 (1) (b).