AB785,29,721
46.23
(3) (e)
Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78
22(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a),
55.06 (17) (c) 55.22 (3), 146.82, 252.11
23(7), 253.07 (3) (c) and 938.78 (2) (a), any subunit of a county department of human
24services acting under this section may exchange confidential information about a
25client, without the informed consent of the client, with any other subunit of the same
1county department of human services, with a resource center, care management
2organization or family care district, or with any person providing services to the
3client under a purchase of services contract with the county department of human
4services or with a resource center, care management organization or family care
5district, if necessary to enable an employee or service provider to perform his or her
6duties, or to enable the county department of human services to coordinate the
7delivery of services to the client.
Note: Sections 4 to 7 change a cross-reference to provisions relating to
confidentiality of treatment and service records for persons who are protected under
chapter 55. These provisions are renumbered in this bill.
AB785, s. 8
8Section
8. 46.27 (6r) (b) 2. of the statutes is amended to read:
AB785,29,129
46.27
(6r) (b) 2. The person has
chronic serious and persistent mental illness,
10as defined under s. 51.01
(3g) (14t), affecting mental health to the extent that
11long-term or repeated hospitalization is likely unless the person receives long-term
12community support services.
Note: Deletes a reference to the term "chronic mental illness", which is eliminated
in this bill, and replaces it with the updated term "serious and persistent mental illness".
AB785, s. 9
13Section
9. 46.275 (4) (b) 1. of the statutes is amended to read:
AB785,29,1914
46.275
(4) (b) 1. Consent for participation is given either by the person's parent,
15guardian or legal custodian, if the person is under age 18, or by the person or the
16person's guardian, if the person is age 18 or over, except that this subdivision does
17not limit the authority of the circuit court to enter, change, revise or extend a
18dispositional order under subch. VI of ch. 48 or subch. VI of ch. 938 or to order a
19protective placement
or protective services under s.
55.06 55.12.
Note: Amends language in medical assistance waiver program language to reflect
the bill's clarification that protective services, as well as protective placement, may be
court ordered.
AB785, s. 10
1Section
10
. 46.279 (2) of the statutes, as affected by 2005 Wisconsin Act ....
2(Assembly Bill 296), is amended to read:
AB785,30,193
46.279
(2) Placements and admissions to intermediate facilities. Except as
4provided in sub. (5), no person may protectively place or continue protective
5placement of an individual with a developmental disability in an intermediate
6facility and no intermediate facility may admit or continue service for such an
7individual unless, before the protective placement, continued placement following
8review under s.
55.06 (10) 55.18, or admission and after having considered a plan
9developed under sub. (4), a court under s.
55.06 (9) (a) or (10) (a) 2. 55.12 or 55.18 (1)
10(ar) finds that protective placement in the intermediate facility is the most
11integrated setting that is appropriate to the needs of the individual or that the county
12of residence of the individual would not reasonably be able to provide
13community-based care in accordance with the plan within the limits of available
14state and federal funds and county funds required to be appropriated to match state
15funds, taking into account information presented by all affected parties. An
16intermediate facility to which an individual who has a developmental disability
17applies for admission shall, within 5 days after receiving the application, notify the
18county department that is participating in the program under s. 46.278 of the county
19of residence of the individual who is seeking admission concerning the application.
AB785, s. 11
20Section
11
. 46.279 (3) of the statutes, as affected by 2005 Wisconsin Act ....
21(Assembly Bill 296), is amended to read:
AB785,31,822
46.279
(3) Placements and admissions to nursing facilities. Except as
23provided in sub. (5), if the department or an entity determines from a screening
24under s. 49.45 (6c) (b) that an individual requires active treatment for developmental
25disability, no individual may be protectively placed in a nursing facility or have
1protective placement in a nursing facility continued following review under s.
55.06
2(10) 55.18, and no nursing facility may admit or continue service for the individual,
3unless the department or entity that conducts the screening determines that the
4individual's need for care cannot fully be met in an intermediate facility or under a
5plan under sub. (4) or that the county of residence of the individual would not
6reasonably be able to provide community-based care in accordance with the plan
7within the limits of available state and federal funds and county funds required to
8be appropriated to match state funds.
Note: Sections 10 and 11 change a cross-reference to orders for protective
placement, the provisions of which are renumbered in this bill.
AB785, s. 12
9Section
12. 46.279 (4) (c) of the statutes is amended to read:
AB785,31,1210
46.279
(4) (c) Within 120 days after a proposal is made under s.
55.06 (9) (a) 1155.12 (6) to
place provide protective placement to the individual in an intermediate
12facility or a nursing facility.
Note: Changes a cross-reference to the annual review of protective placements,
the provisions of which are renumbered in this bill.
AB785, s. 13
13Section
13. 46.279 (4) (d) of the statutes is amended to read:
AB785,31,1614
46.279
(4) (d) Within 120 days after receiving written notice under s.
55.06 (10)
15(a) 2. 55.18 (1) (ar) of the
protective placement of the individual in a nursing facility
16or an intermediate facility.
Note: Changes a cross-reference to the annual review of protective placement, the
provisions of which are renumbered in this bill.
AB785, s. 14
17Section
14. 46.279 (4) (e) of the statutes is amended to read:
AB785,31,1918
46.279
(4) (e) Within 90 days after extension of a temporary
protective 19placement order by the court under s.
55.06 (11) (c)
55.135 (5).
Note: Changes a cross-reference to temporary protective placement, the
provisions of which are renumbered in this bill.
AB785, s. 15
20Section
15. 46.279 (5) of the statutes is amended to read:
AB785,32,3
146.279
(5) Exceptions. Subsections (2) and (3) do not apply to an emergency
2protective placement under s.
55.06 (11) (a) 55.135 or to a temporary
protective 3placement under s.
55.06 (11) (c) or (12) 55.135 (5) or 55.055 (5).
Note: Changes cross-references to emergency and temporary protective
placements, the provisions of which are renumbered under this bill.
AB785, s. 16
4Section
16
. 46.283 (7) (b) of the statutes is amended to read:
AB785,32,125
46.283
(7) (b) Notwithstanding ss. 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45
6(14) (a),
55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a),
7a resource center acting under this section may exchange confidential information
8about a client, as defined in s. 46.287 (1), without the informed consent of the client,
9under s. 46.21 (2m) (c), 46.215 (1m), 46.22 (1) (dm), 46.23 (3) (e), 46.284 (7), 46.2895
10(10), 51.42 (3) (e) or 51.437 (4r) (b) in the county of the resource center, if necessary
11to enable the resource center to perform its duties or to coordinate the delivery of
12services to the client.
AB785, s. 17
13Section
17
. 46.284 (7) (b) of the statutes is amended to read:
AB785,32,2214
46.284
(7) (b) Notwithstanding ss. 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45
15(14) (a),
55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a),
16a care management organization acting under this section may exchange
17confidential information about a client, as defined in s. 46.287 (1), without the
18informed consent of the client, under s. 46.21 (2m) (c), 46.215 (1m), 46.22 (1) (dm),
1946.23 (3) (e), 46.283 (7), 46.2895 (10), 51.42 (3) (e) or 51.437 (4r) (b) in the county of
20the care management organization, if necessary to enable the care management
21organization to perform its duties or to coordinate the delivery of services to the
22client.
Note: Sections 16 and 17 change cross-references to records in protective
placement and services proceedings, the provisions of which are renumbered in this bill.
AB785, s. 18
1Section
18
. 46.286 (1) (intro.) of the statutes is amended to read:
AB785,33,62
46.286
(1) Eligibility. (intro.) A person is eligible for, but not necessarily
3entitled to, the family care benefit if the person is at least 18 years of age; has a
4physical disability, as defined in s. 15.197 (4) (a) 2., a developmental disability, as
5defined in s. 51.01 (5) (a), or
infirmities of aging
degenerative brain disorder, as
6defined in s. 55.01
(3) (1v); and meets all of the following criteria:
AB785, s. 19
7Section
19
. 46.286 (3) (a) (intro.) of the statutes is amended to read:
AB785,33,148
46.286
(3) (a) (intro.) Subject to pars. (c) and (d), a person is entitled to and may
9receive the family care benefit through enrollment in a care management
10organization if he or she is at least 18 years of age, has a physical disability, as defined
11in s. 15.197 (4) (a) 2., a developmental disability, as defined in s. 51.01 (5) (a), or
12infirmities of aging degenerative brain disorder, as defined in s. 55.01
(3) (1v), is
13financially eligible, fulfills any applicable cost-sharing requirements and meets any
14of the following criteria:
AB785, s. 20
15Section
20. 46.286 (3) (a) 3. of the statutes is amended to read:
AB785,33,1916
46.286
(3) (a) 3. Is functionally eligible at the intermediate level and is
17determined by an agency under s. 46.90 (2) or
specified by a county protective
18services agency, as defined in s. 55.01 (1t)
, to be in need of protective services
under
19s. 55.05 or protective placement under s.
55.06
ch. 55.
AB785, s. 21
20Section
21. 46.2895 (10) of the statutes is amended to read:
AB785,34,321
46.2895
(10) Exchange of information. Notwithstanding sub. (9) and ss. 48.78
22(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a),
55.06 (17) (c) 55.22 (3), 146.82, 252.11
23(7), 253.07 (3) (c) and 938.78 (2) (a), a family care district acting under this section
24may exchange confidential information about a client, as defined in s. 46.287 (1),
25without the informed consent of the client, under s. 46.21 (2m) (c), 46.215 (1m), 46.22
1(1) (dm), 46.23 (3) (e), 46.283 (7), 46.284 (7), 51.42 (3) (e) or 51.437 (4r) (b) in the
2jurisdiction of the family care district, if necessary to enable the family care district
3to perform its duties or to coordinate the delivery of services to the client.
AB785, s. 22
4Section
22
. 46.90 (1) (c) of the statutes is amended to read:
AB785,34,65
46.90
(1) (c) "Elder person" means a person who is age 60 or older or who is
6subject to
the infirmities of aging degenerative brain disorder.
AB785, s. 23
7Section
23
. 46.90 (1) (d) of the statutes is renumbered 46.90 (1) (bg) and
8amended to read:
AB785,34,109
46.90
(1) (bg) "
Infirmities of aging Degenerative brain disorder" has the
10meaning provided under s. 55.01
(3) (1v).
Note: Sections 18
, 19, 22 and 23 delete the term "infirmities of aging" and replace
it with the more up-to-date term "degenerative brain disorder".
AB785, s. 24
11Section
24. 49.001 (5m) of the statutes is amended to read:
AB785,34,1712
49.001
(5m) "Prisoner" means any person who is either arrested, incarcerated,
13imprisoned or otherwise detained in excess of 12 hours by any law enforcement
14agency of this state, except when detention is pursuant to s. 51.15, 51.20, 51.45 (11)
15(b) or
55.06 (11) (a), 55.13, or 55.135 or ch. 980. "Prisoner" does not include any person
16who is serving a sentence of detention under s. 973.03 (4) unless the person is in the
17county jail under s. 973.03 (4) (c).
Note: Changes a cross-reference to emergency detention, the provisions of which
are renumbered in this bill.
AB785, s. 25
18Section
25. 49.001 (8) of the statutes is amended to read:
AB785,35,219
49.001
(8) "Voluntary" means according to a
person's individual's free choice,
20if competent, or
, if incompetent, by choice of a guardian
if incompetent, unless the
21individual is subject to a court-ordered placement under ch. 55, is placed by an
22agency having a court-ordered involuntary commitment of the individual under ch.
151, or is involuntarily committed to the department of corrections or to the
2department under ch. 971 or 980.
Note: Amends the definition of "voluntary" in ch. 49.
AB785, s. 26
3Section
26
. 49.43 (10v) of the statutes is created to read:
AB785,35,54
49.43
(10v) "Serious and persistent mental illness" has the meaning given in
5s. 51.01 (14t).
AB785, s. 27
6Section
27. 49.45 (6m) (i) 2. of the statutes is amended to read:
AB785,35,137
49.45
(6m) (i) 2. Payment for personal or residential care is available for a
8person in a facility certified under
42 USC 1396 to
1396p only if the person entered
9a facility before the date specified in subd. 1. and has continuously resided in a
10facility since the date specified in subd. 1. If the person has a primary diagnosis of
11developmental disabilities or
chronic serious and persistent mental illness, payment
12for personal or residential care is available only if the person entered a facility on or
13before November 1, 1983.
AB785, s. 28
14Section
28
. 49.45 (25) (am) 2. of the statutes is amended to read:
AB785,35,1615
49.45
(25) (am) 2. Has a
chronic
serious and persistent mental illness
, as
16defined under s. 51.01 (3g).
Note: Sections 26 to 28 change the term "chronic mental illness" to "serious and
persistent mental illness", which is the more up-to-date term.
AB785, s. 29
17Section
29. 49.45 (30m) (b) of the statutes is amended to read:
AB785,36,218
49.45
(30m) (b) No payment under this section may be made for services
19specified under par. (a) or (am) unless the individual who receives the services is
20protectively placed provided protective placement under s. 55.06 (9) (a)
, 2003 stats.,
21or s. 55.12, is provided emergency protective services under s. 55.05 (4), 2003 stats.,
22or s. 55.13, or is
placed under provided an emergency
protective placement under s.
155.06 (11) (a)
, 2003 stats., or s. 55.135 or a temporary
protective placement under s.
255.06 (11) (c)
, 2003 stats., or s. 55.135 (5) or 55.055 (5).
Note: Changes cross-references to protective placement and emergency
protective placement proceedings, the provisions of which are renumbered in the draft.
AB785, s. 30
3Section
30. 49.45 (30m) (c) 2. of the statutes is amended to read:
AB785,36,74
49.45
(30m) (c) 2. For an individual who was
protectively placed provided
5protective placement under ch. 55 at any time, any annual review that is conducted
6under s.
55.06 (10) (a) 1. 55.18 (1) (a) (intro.) after April 30, 2005, complies with the
7requirements of s.
55.06 (10) (a) 2 55.18 (1) (ar).
Note: Changes cross-references to annual review of protective placement, the
provisions of which are are renumbered in the draft.
AB785, s. 31
8Section
31. 50.02 (2) (ad) of the statutes is created to read:
AB785,36,119
50.02
(2) (ad) The department shall promulgate rules that require each facility
10licensed under this subchapter to provide information necessary for the department
11to assess the facility's compliance with s. 55.14.
Note: Requires the DHFS to promulgate rules that require community-based
residential facilities, nursing homes, adult family homes, and residential care apartment
complexes to provide DHFS information necessary for DHFS to determine if those
facilities are in compliance with the provisions relating to involuntary administration of
psychotropic medication created by the bill.
AB785, s. 32
12Section
32. 50.03 (5m) (c) of the statutes is amended to read:
AB785,37,413
50.03
(5m) (c)
Relocation. The department shall offer removal and relocation
14assistance to residents removed under this section, including information on
15available alternative placements. Residents shall be involved in planning the
16removal and shall choose among the available alternative placements, except that
17where an emergency situation makes prior resident involvement impossible the
18department may make a temporary placement until a final placement can be
19arranged. Residents may choose their final alternative placement and shall be given
20assistance in transferring to such place. No resident may be forced to remain in a
1temporary or permanent placement except pursuant
to the procedures provided 2under s. 55.06
, 2003 stats., or an order under s. 55.12 for protective placement. Where
3the department makes or participates in making the relocation decision,
4consideration shall be given to proximity to residents' relatives and friends.
AB785, s. 33
5Section
33. 50.06 (2) (c) of the statutes is amended to read:
AB785,37,86
50.06
(2) (c) A petition for guardianship for the individual under s. 880.07 and
7a petition
under s. 55.075 for protective placement of the individual
under s. 55.06
8(2) are filed prior to the proposed admission.
Note: Changes a cross-reference to the petition for protective placement, the
provisions of which are renumbered in the draft.
AB785, s. 34
9Section
34. 50.06 (2) (d) of the statutes is created to read:
AB785,37,1710
50.06
(2) (d) The incapacitated individual does not verbally object to or
11otherwise actively protest the admission. If he or she makes such an objection or
12protest, he or she may be admitted to the facility, but the person in charge of the
13facility shall immediately notify the county department under s. 55.02 (2) for the
14county in which the individual is living or the agency with which the county
15department contracts. Representatives of the county department or agency shall
16visit the individual as soon as possible, but not later than 72 hours after notification,
17and do all of the following:
AB785,37,2018
1. Determine whether the protest persists or has been voluntarily withdrawn
19and consult with the person who consented to the admission regarding the reasons
20for the admission.
AB785,38,221
2. Attempt to have the incapacitated individual released within 72 hours if the
22protest is not withdrawn and the individual does not satisfy all of the criteria under
1s. 55.08 (1) or 55.135 (1), and provide assistance in identifying appropriate
2alternative living arrangements.
AB785,38,73
3. Comply with s. 55.135 if the requirements of s. 55.135 (1) are met and
4emergency protective placement in that facility or another facility is necessary or file
5a petition for protective placement under s. 55.075. The court, with the permission
6of the facility, may order the incapacitated individual to remain in the facility
7pending the outcome of the protective placement proceedings.
Note: Creates a new provision in the statute relating to admissions of
incapacitated persons to facilities such as nursing homes and community-based
residential facilities. Currently, such admissions directly from a hospital to a facility may
be made if certain specified persons consent to the admission, if the incapacitated person
does not have a valid power of attorney for health care and has not been adjudicated
incompetent under ch. 880, if certain conditions apply. This Section adds another
condition, which requires that the incapacitated individual does not verbally object to or
otherwise actively protest the admission. This Section also sets out what procedure must
be followed if the person objects to or protests the admission.
AB785, s. 35
8Section
35
. 51.01 (2g) (b) of the statutes is amended to read:
AB785,38,119
51.01
(2g) (b) "Brain injury" does not include alcoholism, Alzheimer's disease
10as specified under s. 46.87 (1) (a) or
the infirmities of aging degenerative brain
11disorder, as
specified under s. 55.01 (3) defined in s. 55.01 (1v).
AB785, s. 36
12Section
36. 51.01 (3g) of the statutes is renumbered 51.01 (14t) and amended
13to read:
AB785,39,414
51.01
(14t) "
Chronic Serious and persistent mental illness" means a mental
15illness
which that is severe in degree and persistent in duration,
which that causes
16a substantially diminished level of functioning in the primary aspects of daily living
17and an inability to cope with the ordinary demands of life,
which that may lead to
18an inability to maintain stable adjustment and independent functioning without
19long-term treatment and support
, and
which that may be of lifelong duration.
20"
Chronic Serious and persistent mental illness" includes schizophrenia as well as a
1wide spectrum of psychotic and other severely disabling psychiatric diagnostic
2categories, but does not include
infirmities of aging
degenerative brain disorder, as
3defined in s. 55.01 (1v), or a primary diagnosis of
mental retardation a developmental
4disability or of alcohol or drug dependence.
AB785, s. 37
5Section
37. 51.01 (3s) of the statutes is amended to read:
AB785,39,106
51.01
(3s) "Community support program" means a coordinated care and
7treatment system
which that provides a network of services through an identified
8treatment program and staff to ensure ongoing therapeutic involvement and
9individualized treatment in the community for
persons
individuals with
chronic 10serious and persistent mental illness.
AB785, s. 38
11Section
38
. 51.01 (5) (a) of the statutes is amended to read:
AB785,39,1912
51.01
(5) (a) "Developmental disability" means a disability attributable to
13brain injury, cerebral palsy, epilepsy, autism, Prader-Willi syndrome, mental
14retardation, or another neurological condition closely related to mental retardation
15or requiring treatment similar to that required for mental retardation, which has
16continued or can be expected to continue indefinitely and constitutes a substantial
17handicap to the afflicted individual. "Developmental disability" does not include
18senility
which that is primarily caused by the process of aging or
the infirmities of
19aging degenerative brain disorder, as defined in s. 55.01 (1v).
Note: Sections 35 to 38 revise the terms "chronic mental illness", "mental
retardation", and "infirmities of aging" to "serious and persistent mental illness",
"developmental disability", and "degenerative brain disorder".
AB785, s. 39
20Section
39. 51.03 (3) (a) 6. of the statutes is amended to read:
AB785,39,2221
51.03
(3) (a) 6. The number of
persons
individuals for whom guardians are
22appointed under
s. 55.14 or s. 880.33 (4m)
, 2003 stats.
AB785, s. 40
23Section
40. 51.10 (4m) (a) (intro.) of the statutes is amended to read:
AB785,40,3
151.10
(4m) (a) (intro.) An adult who meets the criteria for voluntary admission
2under sub. (4)
and whose admission is approved under sub. (1) or (2) may
also be
3admitted to an inpatient treatment facility if: