AB75-SSA1,649,1411 50.04 (2d) Accompaniment or visitation. If a nursing home has a policy on who
12may accompany or visit a patient, the nursing home shall extend the same right of
13accompaniment or visitation to a patient's domestic partner under ch. 770 as is
14accorded the spouse of a patient under the policy.
AB75-SSA1, s. 1403 15Section 1403. 50.04 (4) (dm) of the statutes is created to read:
AB75-SSA1,649,2316 50.04 (4) (dm) Inspection fee. If the department takes enforcement action
17against a nursing home, including an intermediate care facility for the mentally
18retarded, as defined in 42 USC 1396d (d), for a violation of this subchapter or rules
19promulgated under it or for a violation of a requirement under 42 USC 1396r, and
20the department subsequently conducts an on-site inspection of the nursing home to
21review the nursing home's action to correct the violation, the department may, unless
22the nursing home is operated by the state, impose a $200 inspection fee on the
23nursing home.
AB75-SSA1, s. 1411 24Section 1411. 50.06 (2) (am) 2. b. of the statutes is amended to read:
AB75-SSA1,650,2
150.06 (2) (am) 2. b. The individual who is consenting to the proposed admission
2is the spouse or domestic partner under ch. 770 of the incapacitated person.
AB75-SSA1, s. 1412 3Section 1412. 50.06 (3) (a) of the statutes is amended to read:
AB75-SSA1,650,54 50.06 (3) (a) The spouse or domestic partner under ch. 770 of the incapacitated
5individual.
AB75-SSA1, s. 1413 6Section 1413. 50.065 (1) (c) 2. of the statutes is repealed.
AB75-SSA1, s. 1416 7Section 1416. 50.09 (1) (f) 1. of the statutes is amended to read:
AB75-SSA1,650,128 50.09 (1) (f) 1. Privacy for visits by spouse or domestic partner. If both spouses
9or both domestic partners under ch.770 are residents of the same facility, they the
10spouses or domestic partners
shall be permitted to share a room unless medically
11contraindicated as documented by the resident's physician or advanced practice
12nurse prescriber in the resident's medical record.
AB75-SSA1, s. 1417 13Section 1417. 50.14 (2) (am) of the statutes is amended to read:
AB75-SSA1,650,1614 50.14 (2) (am) For nursing homes, an amount not to exceed $75 $150 in state
15fiscal year 2009-10, and, beginning in state fiscal year 2010-11, an amount not to
16exceed $170
.
AB75-SSA1, s. 1417r 17Section 1417r. 50.35 of the statutes, as affected by 2009 Wisconsin Act 2, is
18amended to read:
AB75-SSA1,651,15 1950.35 Application and approval. Application for approval to maintain a
20hospital shall be made to the department on forms provided by the department. On
21receipt of an application, the department shall, except as provided in s. 50.498, issue
22a certificate of approval if the applicant and hospital facilities meet the requirements
23established by the department. The department shall issue a single certificate of
24approval for the University of Wisconsin Hospitals and Clinics Authority that
25applies to all of the Authority's inpatient and outpatient hospital facilities that meet

1the requirements established by the department and for which the Authority
2requests approval. For a free-standing pediatric teaching hospital, the department
3shall issue a single certificate of approval that applies to all of the hospital's inpatient
4and outpatient hospital facilities that meet the requirements established by the
5department and for which the hospital requests approval.
Except as provided in s.
650.498, this approval shall be in effect until, for just cause and in the manner herein
7prescribed, it is suspended or revoked. The certificate of approval may be issued only
8for the premises and persons or governmental unit named in the application and is
9not transferable or assignable. The department shall withhold, suspend or revoke
10approval for a failure to comply with s. 165.40 (6) (a) 1. or 2., but, except as provided
11in s. 50.498, otherwise may not withhold, suspend or revoke approval unless for a
12substantial failure to comply with ss. 50.32 to 50.39 or the rules and standards
13adopted by the department after giving a reasonable notice, a fair hearing and a
14reasonable opportunity to comply. Failure by a hospital to comply with s. 50.36 (3m)
15shall be considered to be a substantial failure to comply under this section.
AB75-SSA1, s. 1418 16Section 1418. 50.36 (3j) of the statutes is created to read:
AB75-SSA1,651,1917 50.36 (3j) If a hospital has a policy on who may accompany or visit a patient,
18the hospital shall extend the same right of accompaniment or visitation to a patient's
19domestic partner under ch. 770 as is accorded the spouse of a patient under the policy.
AB75-SSA1, s. 1419 20Section 1419. 50.36 (4) of the statutes is amended to read:
AB75-SSA1,652,521 50.36 (4) The department shall make or cause to be made such inspections and
22investigation, as are reasonably deemed necessary to obtain compliance with the
23rules and standards. It shall afford an opportunity for representatives of the
24hospitals to consult with members of the staff of the department concerning
25compliance and noncompliance with rules and standards. If the department takes

1enforcement action against a hospital for a violation of ss. 50.32 to 50.39, or rules
2promulgated or standards adopted under ss. 50.32 to 50.39, and the department
3subsequently conducts an on-site inspection of the hospital to review the hospital's
4action to correct the violation, the department may, unless the hospital is operated
5by the state, impose a $200 inspection fee on the hospital.
AB75-SSA1, s. 1419c 6Section 1419c. 50.36 (6) of the statutes is created to read:
AB75-SSA1,652,107 50.36 (6) If the department receives a credible complaint that a pharmacy
8located in a hospital has violated its duty to dispense contraceptive drugs and devices
9under s. 450.095 (2), the department shall refer the complaint to the department of
10regulation and licensing.
AB75-SSA1, s. 1420 11Section 1420. 50.49 (4) of the statutes is amended to read:
AB75-SSA1,652,2312 50.49 (4) Licensing, inspection and regulation. Except as provided in sub.
13(6m), the department may register, license, inspect and regulate home health
14agencies as provided in this section. The department shall ensure, in its inspections
15of home health agencies, that a sampling of records from private pay patients are
16reviewed. The department shall select the patients who shall receive home visits as
17a part of the inspection. Results of the inspections shall be made available to the
18public at each of the regional offices of the department. If the department takes
19enforcement action against a home health agency for a violation of this section or
20rules promulgated under this section, and the department subsequently conducts an
21on-site inspection of the home health agency to review the home health agency's
22action to correct the violation, the department may impose a $200 inspection fee on
23the home health agency.
AB75-SSA1, s. 1421 24Section 1421. 50.93 (5) of the statutes is created to read:
AB75-SSA1,653,5
150.93 (5) Inspection fee. If the department takes enforcement action against
2a hospice for a violation of this subchapter or rules promulgated under this
3subchapter, and the department subsequently conducts an on-site inspection of the
4hospice to review the hospice's action to correct the violation, the department may
5impose a $200 inspection fee on the hospice.
AB75-SSA1, s. 1422 6Section 1422. 50.94 (3) (a) of the statutes is amended to read:
AB75-SSA1,653,87 50.94 (3) (a) The spouse or domestic partner under ch. 770 of the person who
8is incapacitated.
AB75-SSA1, s. 1423 9Section 1423. 50.942 of the statutes is created to read:
AB75-SSA1,653,13 1050.942 Accompaniment or visitation. If a hospice has a policy on who may
11accompany or visit a patient, the hospice shall extend the same right of
12accompaniment or visitation to a patient's domestic partner under ch. 770 as is
13accorded the spouse of a patient under the policy.
AB75-SSA1, s. 1424 14Section 1424. 50.95 (1) of the statutes is amended to read:
AB75-SSA1,653,2415 50.95 (1) Standards Except as provided in s. 50.942, standards for the care,
16treatment, health, safety, rights, welfare and comfort of individuals with terminal
17illness, their families and other individuals who receive palliative care or supportive
18care from a hospice and the maintenance, general hygiene and operation of a hospice,
19which will permit the use of advancing knowledge to promote safe and adequate care
20and treatment for these individuals. These standards shall permit provision of
21services directly, as required under 42 CFR 418.56, or by contract under which
22overall coordination of hospice services is maintained by hospice staff members and
23the hospice retains the responsibility for planning and coordination of hospice
24services and care on behalf of a hospice client and his or her family, if any.
AB75-SSA1, s. 1424g 25Section 1424g. 51.01 (11m) of the statutes is created to read:
AB75-SSA1,654,2
151.01 (11m) "Licensed mental health professional" has the meaning given in
2s. 632.89 (1) (dm).
AB75-SSA1, s. 1424m 3Section 1424m. 51.06 (9) of the statutes is created to read:
AB75-SSA1,654,84 51.06 (9) Report on relocations from southern center. Annually by October
51, the department shall submit to the members of the joint committee on finance a
6report on the status of individuals relocated from the southern center for the
7developmentally disabled to a community setting after the effective date of this
8subsection .... [LRB inserts date], that includes all of the following:
AB75-SSA1,654,149 (a) An assessment of the impact that relocation has had on the health of
10individuals relocated in the previous 3 state fiscal years. Factors that the
11department may use to assess an individual's health status include an individual's
12weight, changes in medications, preventable hospitalizations and emergency room
13visits, incidence of chronic disease, and changes in performance of activities of daily
14living.
AB75-SSA1,654,1615 (b) A list of each setting in which each individual has lived in the previous 3
16state fiscal years.
AB75-SSA1,654,1817 (c) Information on the involvement that guardians or family members of the
18individuals have had with the individuals in the previous state fiscal year.
AB75-SSA1,654,2019 (d) The cause of death for each individual who died in the previous state fiscal
20year.
AB75-SSA1, s. 1424p 21Section 1424p. 51.06 (10) of the statutes is created to read:
AB75-SSA1,655,322 51.06 (10) Relocations from southern center. (a) The department shall
23create a form on which a resident of the southern center for the developmentally
24disabled, or the resident's guardian, may indicate a preference for where the resident
25would like to live. The department shall make the form available to all residents of

1the southern center for the developmentally disabled and to their guardians. The
2department shall maintain the completed form with the resident's treatment
3records.
AB75-SSA1,655,74 (b) The department shall ensure that, if a resident is to be relocated from the
5southern center for the developmentally disabled, members of the center staff who
6provide direct care for the resident are consulted in developing a residential
7placement plan for the resident.
AB75-SSA1,655,138 (c) If a resident of the southern center for the developmentally disabled is
9relocated from the center after the effective date of this paragraph .... [LRB inserts
10date], the department shall provide the resident's guardian or, if the resident is a
11minor and does not have a guardian, the resident's parent information regarding the
12process for appealing the decision to relocate the resident and the process for filing
13a grievance regarding the decision.
AB75-SSA1, s. 1425 14Section 1425. 51.15 (2) (c) of the statutes is amended to read:
AB75-SSA1,655,1715 51.15 (2) (c) A state treatment facility, if the county department of community
16programs in the individual's county of residence approves the individual's detention
17in the state treatment facility
; or
AB75-SSA1, s. 1426 18Section 1426. 51.22 (1) of the statutes is amended to read:
AB75-SSA1,655,2319 51.22 (1) Except as provided in s. 51.20 (13) (a) 4. or 5., any person committed
20under this chapter shall be committed to the county department under s. 51.42 or
2151.437 serving the person's county of residence, and such county department shall
22authorize placement of the person in an appropriate facility for care, custody and
23treatment according to s. 51.42 (3) (as) 1. 1r. or 51.437 (4rm) (a).
AB75-SSA1, s. 1427 24Section 1427. 51.22 (2) of the statutes is amended to read:
AB75-SSA1,656,8
151.22 (2) Except for admissions that do not involve the department or a county
2department under s. 51.42 or 51.437 or a contract between a treatment facility and
3the department or a county department, admissions under ss. 51.10, 51.13, and 51.45
4(10) shall be through the county department under s. 51.42 or 51.437 serving the
5person's county of residence, or through the department if the person to be admitted
6is a nonresident of this state. Admissions through a county department under s.
751.42 or 51.437 shall be made in accordance with s. 51.42 (3) (as) 1. 1r. or 51.437 (4rm)
8(a). Admissions through the department shall be made in accordance with sub. (3).
AB75-SSA1, s. 1427L 9Section 1427L. 51.30 (1) (ag) of the statutes is amended to read:
AB75-SSA1,656,1110 51.30 (1) (ag) "Health care provider" has the meaning given in s. 146.81 (1) (a)
11to (p)
.
AB75-SSA1, s. 1427r 12Section 1427r. 51.30 (1) (b) of the statutes is amended to read:
AB75-SSA1,656,2213 51.30 (1) (b) "Treatment records" include the registration and all other records
14that are created in the course of providing services to individuals for mental illness,
15developmental disabilities, alcoholism, or drug dependence and that are maintained
16by the department,; by county departments under s. 51.42 or 51.437 and their staffs,
17and
; by treatment facilities; or by psychologists licensed under s. 455.04 (1) or
18licensed mental health professionals who are not affiliated with a county department
19or treatment facility
. Treatment records do not include notes or records maintained
20for personal use by an individual providing treatment services for the department,
21a county department under s. 51.42 or 51.437, or a treatment facility, if the notes or
22records are not available to others.
AB75-SSA1, s. 1429 23Section 1429. 51.30 (4) (b) 20. (intro.) of the statutes is amended to read:
AB75-SSA1,657,1524 51.30 (4) (b) 20. (intro.) Except with respect to the treatment records of a
25subject individual who is receiving or has received services for alcoholism or drug

1dependence, to the spouse, domestic partner under ch. 770, parent, adult child or
2sibling of a subject individual, if the spouse, domestic partner, parent, adult child or
3sibling is directly involved in providing care to or monitoring the treatment of the
4subject individual and if the involvement is verified by the subject individual's
5physician, psychologist or by a person other than the spouse, domestic partner,
6parent, adult child or sibling who is responsible for providing treatment to the
7subject individual, in order to assist in the provision of care or monitoring of
8treatment. Except in an emergency as determined by the person verifying the
9involvement of the spouse, domestic partner, parent, adult child or sibling, the
10request for treatment records under this subdivision shall be in writing, by the
11requester. Unless the subject individual has been adjudicated incompetent in this
12state, the person verifying the involvement of the spouse, domestic partner, parent,
13adult child or sibling shall notify the subject individual about the release of his or her
14treatment records under this subdivision. Treatment records released under this
15subdivision are limited to the following:
AB75-SSA1, s. 1430 16Section 1430. 51.30 (4) (cm) (intro.) of the statutes is amended to read:
AB75-SSA1,658,317 51.30 (4) (cm) Required access to certain information. (intro.) Notwithstanding
18par. (a), treatment records of an individual shall, upon request, be released without
19informed written consent, except as restricted under par. (c), to the parent, child,
20sibling, or spouse, or domestic partner under ch. 770 of an individual who is or was
21a patient at an inpatient facility; to a law enforcement officer who is seeking to
22determine whether an individual is on unauthorized absence from the facility; and
23to mental health professionals who are providing treatment to the individual at the
24time that the information is released to others. Information released under this
25paragraph is limited to notice as to whether or not an individual is a patient at the

1inpatient facility and, if the individual is no longer a patient at the inpatient facility,
2the facility or other place, if known, at which the individual is located. This
3paragraph does not apply under any of the following circumstances:
AB75-SSA1, s. 1431 4Section 1431. 51.30 (4) (cm) 1. of the statutes is amended to read:
AB75-SSA1,658,85 51.30 (4) (cm) 1. To the individual's parent, child, sibling, or spouse, or domestic
6partner under ch. 770
who is requesting information, if the individual has
7specifically requested that the information be withheld from the parent, child,
8sibling, or spouse, or domestic partner.
AB75-SSA1, s. 1431d 9Section 1431d. 51.30 (8) of the statutes is amended to read:
AB75-SSA1,658,1610 51.30 (8) Grievances. Failure to comply with any provisions of this section may
11be processed as a grievance under s. 51.61 (5), except that a grievance resolution
12procedure option made available to the patient, as required under s. 457.04 (8),
13applies to failures to comply by a licensed mental health professional who is not
14affiliated with a county department or treatment facility
. However, use of the
15grievance procedure is not required before bringing any civil action or filing a
16criminal complaint under this section.
AB75-SSA1, s. 1431g 17Section 1431g. 51.35 (1) (a) of the statutes is amended to read:
AB75-SSA1,659,918 51.35 (1) (a) Subject to pars. (b) and , (d), and (dm), the department or the county
19department under s. 51.42 or 51.437 may transfer any patient or resident who is
20committed to it, or who is admitted to a treatment facility under its supervision or
21operating under an agreement with it, between treatment facilities or from a
22treatment facility into the community if the transfer is consistent with reasonable
23medical and clinical judgment, consistent with s. 51.22 (5), and, if the transfer results
24in a greater restriction of personal freedom for the patient or resident, in accordance
25with par. (e). Terms and conditions that will benefit the patient or resident may be

1imposed as part of a transfer to a less restrictive treatment alternative. A patient
2or resident who is committed to the department or a county department under s.
351.42 or 51.437 may be required to take medications and receive treatment, subject
4to the right of the patient or resident to refuse medication and treatment under s.
551.61 (1) (g) and (h), through a community support program as a term or condition
6of a transfer. The patient or resident shall be informed at the time of transfer of the
7consequences of violating the terms and conditions of the transfer, including possible
8transfer back to a treatment facility that imposes a greater restriction on personal
9freedom of the patient or resident.
AB75-SSA1, s. 1431i 10Section 1431i. 51.35 (1) (d) 1. of the statutes is amended to read:
AB75-SSA1,659,1411 51.35 (1) (d) 1. Subject to subd. 2. and par. (dm), the department may, without
12approval of the appropriate county department under s. 51.42 or 51.437, transfer any
13patient from a state treatment facility or other inpatient facility to an approved
14treatment facility which is less restrictive of the patient's personal freedom.
AB75-SSA1, s. 1431k 15Section 1431k. 51.35 (1) (dm) of the statutes is created to read:
AB75-SSA1,659,2016 51.35 (1) (dm) The department may not exercise its authority under par. (a) or
17(d) 1. to transfer a resident of the southern center for the developmentally disabled
18to a less restrictive setting unless the resident's guardian or, if the resident is a minor
19and does not have a guardian, the resident's parent provides explicit written
20approval and consent for the transfer.
AB75-SSA1, s. 1432 21Section 1432. 51.42 (3) (as) 1. of the statutes is renumbered 51.42 (3) (as) 1r.
22and amended to read:
AB75-SSA1,660,2323 51.42 (3) (as) 1r. A county department of community programs shall authorize
24all care of any patient in a state, local, or private facility under a contractual
25agreement between the county department of community programs and the facility,

1unless the county department of community programs governs the facility. The need
2for inpatient care shall be determined by the program director or designee in
3consultation with and upon the recommendation of a licensed physician trained in
4psychiatry and employed by the county department of community programs or its
5contract agency. In cases of emergency, a facility under contract with any county
6department of community programs shall charge the county department of
7community programs
having jurisdiction in the county where the patient is found.
8The county department of community programs shall reimburse the facility for the
9actual cost of all authorized care and services less applicable collections under s.
1046.036, unless the department of health services determines that a charge is
11administratively infeasible, or unless the department of health services, after
12individual review, determines that the charge is not attributable to the cost of basic
13care and services. Except as provided in subd. 1m., a county department of
14community programs
may not reimburse any state institution or receive credit for
15collections for care received in a state institution by nonresidents of this state,
16interstate compact clients, transfers under s. 51.35 (3), transfers from Wisconsin
17state prisons under s. 51.37 (5) (a), commitments under s. 975.01, 1977 stats., or s.
18975.02, 1977 stats., or s. 971.14, 971.17 or 975.06 or admissions under s. 975.17, 1977
19stats., or children placed in the guardianship of the department of children and
20families under s. 48.427 or 48.43 or under the supervision of the department of
21corrections under s. 938.183 or 938.355. The exclusionary provisions of s. 46.03 (18)
22do not apply to direct and indirect costs that are attributable to care and treatment
23of the client.
AB75-SSA1, s. 1433 24Section 1433. 51.42 (3) (as) 1g. of the statutes is created to read:
AB75-SSA1,661,2
151.42 (3) (as) 1g. In this paragraph, "county department" means county
2department of community programs.
AB75-SSA1, s. 1434 3Section 1434. 51.42 (3) (as) 1m. of the statutes is amended to read:
AB75-SSA1,661,104 51.42 (3) (as) 1m. A county department of community programs shall
5reimburse a mental health institute at the institute's daily rate for custody of any
6person who is ordered by a court located in that county to be examined at the mental
7health institute under s. 971.14 (2) for all days that the person remains in custody
8at the mental health institute, beginning 48 hours, not including Saturdays,
9Sundays, and legal holidays, after the sheriff and county department receive notice
10under s. 971.14 (2) (d) that the examination has been completed.
AB75-SSA1, s. 1435 11Section 1435. 51.42 (3) (as) 2. of the statutes is amended to read:
AB75-SSA1,662,212 51.42 (3) (as) 2. If a mental health institute has provided a county department
13of community programs with service, the department of health services shall
14regularly bill collect for the cost of care from the county department of community
15programs, except as provided under subd. 2m
. If collections for care from the county
16department and from other sources
exceed current billings, the difference shall be
17remitted to the county department of community programs through the
18appropriation under s. 20.435 (2) (gk). For care provided on and after February 1,
191979, the department of health services shall adjust collections from medical
20assistance to compensate for differences between specific rate scales for care charged
21to the county department of community programs and the average daily medical
22assistance reimbursement rate. Payment shall be due from the county department
23of community programs within 60 days of the billing date subject to provisions of the
24contract. If any payment has not been received within 60 days, the
The department
25of health services shall deduct all or part of the amount due from a county

1department under this subdivision
from any payment due from the department of
2health services to the county department of community programs.
AB75-SSA1, s. 1436 3Section 1436. 51.42 (3) (as) 2m. of the statutes is repealed.
AB75-SSA1, s. 1437 4Section 1437. 51.42 (3) (as) 3. of the statutes is amended to read:
AB75-SSA1,662,155 51.42 (3) (as) 3. Care, services and supplies provided after December 31, 1973,
6to any person who, on December 31, 1973, was in or under the supervision of a
7mental health institute, or was receiving mental health services in a facility
8authorized by s. 51.08 or 51.09, but was not admitted to a mental health institute by
9the department of health services, shall be charged to the county department of
10community programs
which was responsible for such care and services at the place
11where the patient resided when admitted to the institution. The department of
12health services may bill county departments of community programs for care
13provided at the mental health institutes at rates which the department of health
14services sets on a flexible basis, except that this flexible rate structure shall cover the
15cost of operations of the mental health institutes.
AB75-SSA1, s. 1438 16Section 1438. 51.421 (3) (e) of the statutes is amended to read:
AB75-SSA1,662,1817 51.421 (3) (e) Distribute, from the appropriation account under s. 20.435 (7) (5)
18(bL), moneys in each fiscal year for community support program services.
AB75-SSA1, s. 1439 19Section 1439. 51.423 (3) of the statutes is amended to read:
AB75-SSA1,662,2420 51.423 (3) From the appropriation account under s. 20.435 (7) (5) (bL), the
21department shall award one-time grants to applying counties that currently do not
22operate certified community support programs, to enable uncertified community
23support programs to meet requirements for certification as providers of medical
24assistance services.
AB75-SSA1, s. 1440 25Section 1440. 51.423 (11) of the statutes is amended to read:
AB75-SSA1,664,2
151.423 (11) Each county department under s. 51.42 or 51.437, or both, shall
2apply all funds it receives under subs. (1) to (7) to provide the services required under
3ss. 51.42, 51.437 and 51.45 (2) (g) to meet the needs for service quality and
4accessibility of the persons in its jurisdiction, except that the county department may
5pay for inpatient treatment only with funds designated by the department for
6inpatient treatment. The county department may expand programs and services
7with county funds not used to match state funds under this section subject to the
8approval of the county board of supervisors in a county with a single-county
9department or the county boards of supervisors in counties with multicounty
10departments and with other local or private funds subject to the approval of the
11department and the county board of supervisors in a county with a single-county
12department under s. 51.42 or 51.437 or the county boards of supervisors in counties
13with a multicounty department under s. 51.42 or 51.437. The county board of
14supervisors in a county with a single-county department under s. 51.42 or 51.437 or
15the county boards of supervisors in counties with a multicounty department under
16s. 51.42 or 51.437 may delegate the authority to expand programs and services to the
17county department under s. 51.42 or 51.437. The county department under s. 51.42
18or 51.437 shall report to the department all county funds allocated to the county
19department under s. 51.42 or 51.437 and the use of such funds. Moneys collected
20under s. 46.10 shall be applied to cover the costs of primary services, exceptional and
21specialized services or to reimburse supplemental appropriations funded by
22counties. County departments under ss. 51.42 and 51.437 shall include collections
23made on and after October 1, 1978, by the department that are subject to s. 46.10 (8m)
24(a) 3. and 4. and are distributed to county departments under ss. 51.42 and 51.437

1from the appropriation account under s. 20.435 (7) (5) (gg), as revenues on their
2grant-in-aid expenditure reports to the department.
AB75-SSA1, s. 1441 3Section 1441. 51.437 (4rm) (d) of the statutes is created to read:
AB75-SSA1,664,84 51.437 (4rm) (d) Notwithstanding pars. (a) to (c), for individuals receiving the
5family care benefit under s. 46.286, the care management organization that manages
6the family care benefit for the recipient shall pay the portion of the payment that is
7for services that are covered under the family care benefit; the department shall pay
8the remainder of the payment.
AB75-SSA1, s. 1443f 9Section 1443f. 51.61 (1) (y) of the statutes is created to read:
AB75-SSA1,664,1310 51.61 (1) (y) Have the right, if provided services by a licensed mental health
11professional who is not affiliated with a county department or treatment facility, to
12be notified by the professional in writing of the grievance resolution procedure option
13that the professional makes available to the patient, as required under s. 457.04 (8).
AB75-SSA1, s. 1443h 14Section 1443h. 51.61 (2) of the statutes is amended to read:
AB75-SSA1,665,515 51.61 (2) A patient's rights guaranteed under sub. (1) (p) to (t) may be denied
16for cause after review by the director of the facility, and may be denied when
17medically or therapeutically contraindicated as documented by the patient's
18physician or, licensed psychologist, or licensed mental health professional in the
19patient's treatment record. The individual shall be informed in writing of the
20grounds for withdrawal of the right and shall have the opportunity for a review of
21the withdrawal of the right in an informal hearing before the director of the facility
22or his or her designee. There shall be documentation of the grounds for withdrawal
23of rights in the patient's treatment record. After an informal hearing is held, a
24patient or his or her representative may petition for review of the denial of any right
25under this subsection through the use of the grievance procedure provided in sub. (5)

1or, alternatively for review of the denial of a right by a licensed mental health
2professional who is not affiliated with a county department or treatment facility,
3through the use of one of the grievance resolution procedure options required under
4s. 457.04 (8). Alternatively,
or in addition to the use of such the appropriate grievance
5procedure, a patient or his or her representative may bring an action under sub. (7).
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