AB573,19,25
46.23
(3) (e)
Exchange of information; long-term care. Notwithstanding ss.
646.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82,
7252.11 (7), 253.07 (3) (c)
, and 938.78 (2) (a), a subunit of a county department of
8human services or tribal agency acting under this section may exchange confidential
9information about a client, without the informed consent of the client, with any other
10subunit of the same county department of human services or tribal agency, with a
11resource center, a care management organization, or a
family long-term care
12district, with an elder-adult-at-risk agency, an adult-at-risk agency, or any agency
13to which referral for investigation is made under s. 46.90 (5) (a) 1. or 55.043 (1r) (a)
141g., or with a person providing services to the client under a purchase of services
15contract with the county department of human services or tribal agency or with a
16resource center, a care management organization, or a
family long-term care
17district, if necessary to enable an employee or service provider to perform his or her
18duties, or to enable the county department of human services or tribal agency to
19coordinate the delivery of services to the client. An agency that releases information
1under this paragraph shall document that a request for information was received
2and what information was provided.
Note: Reinserts terminology change made by
2007 Wis. Act 20. Act 20 changed
"family care district" to "long-term care district" throughout the statutes.
2007 Wis. Act
45 repealed and recreated the provision without taking the change in terminology into
account.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, effective 7-1-08, s. 46.23 (3) (ed) reads:
(ed) Exchange of information; statewide automated child welfare information
system. Notwithstanding ss. 46.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7),
49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c),
938.396 (1) (a) and (2), and 938.78 (2) (a), a county department under this section may
enter the content of any record kept or information received by that county department
into the statewide automated child welfare information system established under s. 48.47
(7g).
Note: There is no conflict of substance. As merged by the legislative reference
bureau, effective 7-1-08, s. 48.645 (2) (a) 2., as renumbered from s. 46.261 (2) (a) 2. by
2007 Wis. Act 20, reads:
2. A county or, in a county having a population of 500,000 or more, the department,
on behalf of a child in the legal custody of a county department under s. 46.215, 46.22,
or 46.23 or the department under s. 48.48 (17) or on behalf of a child who was removed
from the home of a relative as a result of a judicial determination that continuance in the
home of a relative would be contrary to the child's welfare for any reason when the child
is placed in a licensed residential care center for children and youth by the county
department or the department. Reimbursement shall be made by the state as provided
in subd. 1.
AB573,20,29
46.283
(6) (a) 2. At least one-fourth of the members of the governing board shall
10be individuals who belong to a client group served by the resource center or their
11family members, guardians, or other advocates. The proportion of these board
12members who belong to each client group, or their family members, guardians, or
13advocates, shall be the same, respectively, as the proportion of individuals in this
1state who receive services under s. 46.2805 to 46.2895 and belong to each client
2group.
Note: Reinserts necessary word that was stricken by
2007 Wis. Act 20. The phrase
"individuals who belong to a client group served by the resource center" was inserted by
Act 20 without scoring. The insertion was intended. See also
Section 218 of this bill.
AB573,20,195
46.2895
(13) Dissolution. Subject to the performance of the contractual
6obligations of a long-term care district and if first approved by the secretary of the
7department, the long-term care district may be dissolved by the joint action of the
8long-term care district board and each county or tribe or band that created the
9long-term care district and has not withdrawn or been removed from the district
10under sub. (14). If
the a long-term care district that is created by one county or tribe
11or band is dissolved, the property of the district shall be transferred to the county or
12tribe or band that created it. If a long-term care district is created by more than one
13county or tribe or band, all of the counties or tribes or bands that created the district
14and that have not withdrawn or been removed from the district under sub. (14) shall
15agree on the apportioning of the long-term care district's property before the district
16may be dissolved. If the long-term care district operates a care management
17organization under s. 46.284, disposition of any remaining funds in the risk reserve
18under s. 46.284 (5) (e) shall be made under the terms of the district's contract with
19the department.
Note: Deletes unnecessary word.
AB573, s. 56
20Section
56. 46.40 (14m) of the statutes is amended to read:
AB573,21,521
46.40
(14m) County community aids budgets. Before December 1 of each year,
22each county department under ss. 46.215, 46.22, 46.23, 51.42 and 51.437 and each
1tribal governing body shall submit to the department a proposed budget for the
2expenditure of funds allocated under this section
, distributed under s. 46.45 (2) (a) 3or carried forward under s. 46.45 (3) (a). The proposed budget shall be submitted on
4a form developed by the department and approved by the department of
5administration.
Note: Deletes obsolete cross-reference. Section 46.45 (2) (a) was renumbered s.
48.565 (2) (a) by
2007 Wis. Act 20 so as to place responsibility for the distribution of
unspent
children and family aids under the Department of Children and Families. As
such, funds distributed under s. 48.565 (2) would not be included in a county's
community
aids budget submitted to the Department of Health Services under s. 46.40 (14m).
AB573, s. 57
6Section
57. 48.299 (6) (b) of the statutes is amended to read:
AB573,21,97
48.299
(6) (b) The state or the attorney responsible for support enforcement
8who receives a referral under par. (a) shall perform the duties specified under s.
9767.45 767.80 (5) (c) and (6r).
AB573,22,512
48.47
(7g) Statewide automated child welfare information system. Establish
13a statewide automated child welfare information system. Notwithstanding ss.
1446.2895 (9), 48.396 (1) and (2) (a), 48.78 (2) (a), 48.981 (7), 49.45 (4), 49.83, 51.30,
1551.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 252.15, 253.07 (3) (c), 938.396 (1) (a) and
16(2), and 938.78 (2) (a), the department may enter the content of any record kept or
17information received by the department into the statewide automated child welfare
18information system, and a county department under s. 46.215, 46.22, or 46.23, the
19department, or any other organization that has entered into an information sharing
20and access agreement with the department or any of those county departments and
21that has been approved for access to the statewide automated child welfare
1information system by the department may have access to information that is
2maintained in that system, if necessary to enable the county department,
3department, or organization to perform its duties under this chapter, ch. 46, 51, 55,
4or 938, or
42 USC 670 to
679b to or to coordinate the delivery of services under this
5chapter, ch. 46, 51, 55, or 938, or
42 USC 670 to
679b.
Note: Deletes unnecessary word.
AB573, s. 59
6Section
59. 48.48 (17) (c) 4. of the statutes is amended to read:
AB573,22,97
48.48
(17) (c) 4. Is living in a foster home, treatment foster home, group home,
, 8residential care center for children and youth, or subsidized guardianship home
9under s. 48.62 (5).
Note: Deletes unnecessary comma inserted by
2005 Wis. Act 25. The change was
printed in 2007-08 Statutes.
AB573, s. 60
10Section
60. 48.57 (3) (a) 4. of the statutes is amended to read:
AB573,22,1311
48.57
(3) (a) 4. Is living in a foster home, treatment foster home, group home,
, 12residential care center for children and youth, or subsidized guardianship home
13under s. 48.62 (5).
Note: Deletes unnecessary comma inserted by
2005 Wis. Act 25. The change was
printed in the 2007-08 Statutes.
AB573,22,2016
48.67
(3) (a) That all day care center licensees, and all employees of a day care
17center, who provide care and supervision for children have current proficiency in the
18use of an automated external defibrillator, as defined in s.
146.50 256.15 (1) (cr),
19achieved through instruction provided by an individual, organization, or institution
20of higher education that is approved under s. 46.03 (38) to provide such instruction.
AB573,23,5
1(b) That all staff members of a group home who provide care for the residents
2of the group home have current proficiency in the use of an automated external
3defibrillator, as defined in s.
146.50 256.15 (1) (cr), achieved through instruction
4provided by an individual, organization, or institution of higher education that is
5approved under s. 46.03 (38) to provide such instruction.
AB573,23,126
(c) That all staff members of a shelter care facility who provide care and
7supervision for children have current proficiency in the use of an automated external
8defibrillator, as defined in s.
146.50 256.15 (1) (cr), achieved through instruction
9provided by an individual, organization, or institution of higher education that is
10approved under s. 46.03 (38) to provide such instruction and that all shelter care
11facilities have readily available on the premises of the shelter care facility a staff
12member or other person who has that proficiency.
AB573,23,1913
(d) That all child welfare agencies that operate a residential care center for
14children and youth have in each building housing residents of the residential care
15center for children and youth when those residents are present at least one staff
16member who has current proficiency in the use of an automated external
17defibrillator, as defined in s.
146.50 256.15 (1) (cr), achieved through instruction
18provided by an individual, organization, or institution of higher education that is
19approved under s. 46.03 (38) to provide such instruction.
Note: Corrects cross-reference. Section 146.50 (1) (cr) was renumbered s. 256.15
(1) (cr) by
2007 Wis. Act 130.
AB573,24,522
49.45
(3) (m) 2. A person who is certified to provide transportation by
23specialized medical vehicle under sub. (2) (a) 11. shall ensure that every person who
1drives or serves as an attendant to passengers on a specialized medical vehicle,
2before driving or serving as an attendant, has current proficiency in the use of an
3automated external defibrillator, as defined in s.
146.50 256.15 (1) (cr), achieved
4through instruction provided by an individual, organization, or institution of higher
5education that is approved under s. 46.03 (38) to provide such instruction.
Note: Corrects cross-reference. Section 146.50 (1) (cr) was renumbered s. 256.15
(1) (cr) by
2007 Wis. Act 130.
AB573, s. 63
6Section
63. 49.45 (6m) (i) 1. of the statutes is amended to read:
AB573,24,107
49.45
(6m) (i) 1. On or after October 1, 1981, medical assistance payment for
8inpatient nursing care may only be provided for persons receiving skilled,
9intermediate, or limited levels of nursing care as these levels are defined under s.
10HFS DHS 132.13, Wis. Adm. Code.
Note: The "HFS" administrative code was renumbered "DHS" by the legislative
reference bureau under s. 13.92 (4) (b) 1. to reflect the name change of the Department
of Health and Family Services to the Department of Health Services. The change is
printed in the 2007-08 Statutes.
Note: There is no conflict of substance. As merged by the legislative reference
bureau s. 49.47 (4) (b) 1. reads:
1. Subject to par. (bc), a home and the land used and operated in connection
therewith or in lieu thereof a manufactured home or mobile home, if the home,
manufactured home, or mobile home is used as the person's or his or her family's place
of abode.
AB573,25,215
49.471
(8) (g) 1. The individual or pregnant woman was covered by a group
16health plan that was provided by a subscriber through his or her employer, and the
17subscriber's employment ended for a reason other than voluntary termination,
1unless the voluntary termination was a result of the incapacitation of the subscriber
2or because
on of an immediate family member's health condition.
Note: Inserts correct word.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, effective 7-1-08, s. 49.855 (3) reads:
(3) Receipt of a certification by the department of revenue shall constitute a lien,
equal to the amount certified, on any state tax refunds or credits owed to the obligor. The
lien shall be foreclosed by the department of revenue as a setoff under s. 71.93 (3), (6), and
(7). When the department of revenue determines that the obligor is otherwise entitled
to a state tax refund or credit, it shall notify the obligor that the state intends to reduce
any state tax refund or credit due the obligor by the amount the obligor is delinquent
under the support, maintenance, or receiving and disbursing fee order or obligation, by
the outstanding amount for past support, medical expenses, or birth expenses under the
court order, or by the amount due under s. 46.10 (4), 49.345 (4), or 301.12 (4). The notice
shall provide that within 20 days the obligor may request a hearing before the circuit
court rendering the order under which the obligation arose. Within 10 days after
receiving a request for hearing under this subsection, the court shall set the matter for
hearing. Pending further order by the court or a circuit court commissioner, the
department of children and families or its designee, whichever is appropriate, is
prohibited from disbursing the obligor's state tax refund or credit. A circuit court
commissioner may conduct the hearing. The sole issues at that hearing shall be whether
the obligor owes the amount certified and, if not and it is a support or maintenance order,
whether the money withheld from a tax refund or credit shall be paid to the obligor or held
for future support or maintenance, except that the obligor's ability to pay shall also be an
issue at the hearing if the obligation relates to an order under s. 767.805 (4) (d) 1. or 767.89
(3) (e) 1. and the order specifies that the court found that the obligor's income was at or
below the poverty line established under
42 USC 9902 (2).
Note: There is no conflict of substance. As merged by the legislative reference
bureau, effective 7-1-08, s. 49.855 (4m) (b) reads:
(b) The department of revenue may provide a certification that it receives under
sub. (1), (2m), (2p), or (2r) to the department of administration. Upon receipt of the
certification, the department of administration shall determine whether the obligor is a
vendor or is receiving any other payments from this state, except for wages, retirement
benefits, or assistance under s. 45.352, 1971 stats., s. 45.40 (1), this chapter, or ch. 46, 108,
or 301. If the department of administration determines that the obligor is a vendor or is
receiving payments from this state, except for wages, retirement benefits, or assistance
under s. 45.352, 1971 stats., s. 45.40 (1), this chapter, or ch. 46, 108, or 301, it shall begin
to withhold the amount certified from those payments and shall notify the obligor that
the state intends to reduce any payments due the obligor by the amount the obligor is
delinquent under the support, maintenance, or receiving and disbursing fee order or
obligation, by the outstanding amount for past support, medical expenses, or birth
expenses under the court order, or by the amount due under s. 46.10 (4), 49.345 (4), or
301.12 (4). The notice shall provide that within 20 days after receipt of the notice the
obligor may request a hearing before the circuit court rendering the order under which
the obligation arose. An obligor may, within 20 days after receiving notice, request a
hearing under this paragraph. Within 10 days after receiving a request for hearing under
this paragraph, the court shall set the matter for hearing. A circuit court commissioner
may conduct the hearing. Pending further order by the court or circuit court
commissioner, the department of children and families or its designee, whichever is
appropriate, may not disburse the payments withheld from the obligor. The sole issues
at the hearing are whether the obligor owes the amount certified and, if not and it is a
support or maintenance order, whether the money withheld shall be paid to the obligor
or held for future support or maintenance, except that the obligor's ability to pay is also
an issue at the hearing if the obligation relates to an order under s. 767.805 (4) (d) 1. or
767.89 (3) (e) 1. and the order specifies that the court found that the obligor's income was
at or below the poverty line established under
42 USC 9902 (2).
Note: There is no conflict of substance. As merged by the legislative reference
bureau, s. 50.14 (4) reads:
(4) Sections 77.59 (1) to (5m), (6) (intro.), (a) and (c) and (7) to (10), 77.60 (1) to (7),
(9) and (10), 77.61 (9) and (12) to (14) and 77.62, as they apply to the taxes under subch.
III of ch. 77, apply to the assessment under this section, except that the amount of any
assessment collected under s. 77.59 (7) in a fiscal year shall be deposited in the Medical
Assistance trust fund.
AB573,26,95
50.36
(5) Before providing emergency services in a hospital, medical and
6nursing personnel shall have proficiency in the use of an automated external
7defibrillator, as defined in s.
146.50 256.15 (1) (cr), achieved through instruction
8provided by an individual, organization, or institution of higher education that is
9approved under s. 46.03 (38) to provide such instruction.
Note: Corrects cross-reference. Section 146.50 (1) (cr) was renumbered s. 256.15
(1) (cr) by
2007 Wis. Act 130.
AB573,27,1312
51.42
(3) (e)
Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78
13(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3)
1(c)
, and 938.78 (2) (a), any subunit of a county department of community programs
2or tribal agency acting under this section may exchange confidential information
3about a client, without the informed consent of the client, with any other subunit of
4the same county department of community programs or tribal agency, with a
5resource center, a care management organization, or a
family long-term care
6district, or with any person providing services to the client under a purchase of
7services contract with the county department of community programs or tribal
8agency or with a resource center, care management organization, or
family 9long-term care district, if necessary to enable an employee or service provider to
10perform his or her duties, or to enable the county department of community
11programs or tribal agency to coordinate the delivery of services to the client. Any
12agency releasing information under this paragraph shall document that a request
13was received and what information was provided.
Note: Reinserts terminology change made by
2007 Wis. Act 20. Act 20 changed
"family care district" to "long-term care district" throughout the statutes.
2007 Wis. Act
45 repealed and recreated the provision without taking the change in terminology into
account.
AB573,28,716
51.437
(4r) (b) Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83,
1751.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c)
, and 938.78 (2) (a),
18any subunit of a county department of developmental disabilities services or tribal
19agency acting under this section may exchange confidential information about a
20client, without the informed consent of the client, with any other subunit of the same
21county department of developmental disabilities services or tribal agency, with a
22resource center, a care management organization, or a
family long-term care
23district, or with any person providing services to the client under a purchase of
1services contract with the county department of developmental disabilities services
2or tribal agency or with a resource center, a care management organization, or a
3family long-term care district, if necessary to enable an employee or service provider
4to perform his or her duties, or to enable the county department of developmental
5disabilities services or tribal agency to coordinate the delivery of services to the
6client. Any agency releasing information under this paragraph shall document that
7a request was received and what information was provided.
Note: Reinserts terminology change made by
2007 Wis. Act 20. Act 20 changed
"family care district" to "long-term care district" throughout the statutes.
2007 Wis. Act
45 repealed and recreated the provision without taking the change in terminology into
account.
AB573, s. 72
8Section
72. 51.437 (14r) (title), (a) (intro.), 1., 7. and (b) and (c) of the statutes
9are amended to read:
AB573,28,1210
51.437
(14r) (title)
Duties of the
council on board for people with
11developmental disabilities. (a) (intro.) The
council on board for people with 12developmental disabilities shall:
AB573,28,1613
1. Designate appropriate state or local agencies for the administration of
14programs and fiscal resources made available to the
council on board for people with 15developmental disabilities under federal legislation affecting the delivery of services
16to the developmentally disabled.
AB573,28,1917
7. Notify the governor regarding membership requirements of the
council 18board and if vacancies on the
council
board remain unfilled for a significant period
19of time.
AB573,28,2120
(b) The
council board may establish such reasonable procedures as are
21essential to the conduct of the affairs of the
council
board.
AB573,29,3
1(c) The
council on board for people with developmental disabilities may or, if
2requested by the governor, shall coordinate recommendations of the
council board 3and the public to the governor regarding
council
board membership.
Note: 2007 Wis. Act 20, section
52b, renumbered s. 15.197 (11n) to s. 15.105 (8) and
amended the provision, changing the "council on developmental disabilities" attached to
the department of health and family services to be the "board for people with
developmental disabilities" attached to the department of administration.
AB573,29,136
51.45
(13) (j) Upon the filing of a petition for recommitment under par. (h), the
7court shall fix a date for a recommitment hearing within 10 days and assure that the
8person sought to be recommitted is represented by counsel by referring the person
9to the state public defender, who shall appoint counsel for
for the person without a
10determination of indigency, as provided in s. 51.60. The provisions of par. (e) relating
11to notice and to access to records, names of witnesses, and summaries of their
12testimony shall apply to recommitment hearings under this paragraph. At the
13recommitment hearing, the court shall proceed as provided under pars. (f) and (g).
AB573, s. 74
14Section
74. 51.62 (2) (a) 2. of the statutes is amended to read:
AB573,29,1615
51.62
(2) (a) 2. The
council on board for people with developmental disabilities
16and the council on mental health.
Note: 2007 Wis. Act 20, section
52b, renumbered s. 15.197 (11n) to s. 15.105 (8) and
amended the provision, changing the "council on developmental disabilities" attached to
the department of health and family services to be the "board for people with
developmental disabilities" attached to the department of administration.
AB573, s. 75
17Section
75. 51.62 (2) (b) 2. a. of the statutes is amended to read:
AB573,29,1918
51.62
(2) (b) 2. a. The
council on
board for people with developmental
19disabilities and the council on mental health.
Note: 2007 Wis. Act 20, section
52b, renumbered s. 15.197 (11n) to s. 15.105 (8) and
amended the provision, changing the "council on developmental disabilities" attached to
the department of health and family services to be the "board for people with
developmental disabilities" attached to the department of administration.
Note: Confirms renumbering by the legislative reference bureau under s. 13.92
(1) (bm) 2.
2005 Wis. Act 387 renumbered s. 880.13 (title) to s. 54.46 (5) (title), but
renumbered the remainder of s. 880.13 to s. 54.46 (4).
AB573,30,19
555.001 Declaration of policy. The legislature recognizes that many citizens
6of the state, because of serious and persistent mental illness, degenerative brain
7disorder
disorders, developmental disabilities, or other like incapacities, are in need
8of protective services or protective placement. Except as provided in s. 49.45 (30m)
9(a), the protective services or protective placement should, to the maximum degree
10of feasibility under programs, services and resources that the county board of
11supervisors is reasonably able to provide within the limits of available state and
12federal funds and of county funds required to be appropriated to match state funds,
13allow the individual the same rights as other citizens, and at the same time protect
14the individual from financial exploitation, abuse, neglect, and self-neglect. This
15chapter is designed to establish those protective services and protective placements,
16to assure their availability to all individuals when in need of them, and to place the
17least possible restriction on personal liberty and exercise of constitutional rights
18consistent with due process and protection from abuse, financial exploitation,
19neglect, and self-neglect.
Note: There is no conflict of substance. As merged by the legislative reference
bureau, effective 7-1-08, s. 55.10 (4) (a) reads: