49.85 (3) (b) (intro.) At least 30 days before certification of an amount, the department of workforce development shall send a notice to the last-known address of the person from whom that department intends to recover or collect the amount. The notice shall do all of the following:
33,1457
Section
1457. 49.85 (3) (b) 1. of the statutes is amended to read:
49.85 (3) (b) 1. Inform the person that the department of workforce development intends to certify to the department of revenue an amount that the department of workforce development has determined to be due under s. 49.161, 49.195 (3), or 49.793, or to be delinquent under a repayment agreement for a loan under s. 49.147 (6), for setoff from any state tax refund that may be due the person.
33,1459
Section
1459. 49.85 (5) of the statutes is amended to read:
49.85 (5) Effect of certification. 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. Certification of an amount under this section does not prohibit the department of health and family services or the department of workforce development from attempting to recover or collect the amount through other legal means. The department of health and family services or the department of workforce development shall promptly notify the department of revenue upon recovery or collection of any amount previously certified under this section.
33,1460
Section
1460. 49.854 (11) (b) of the statutes is amended to read:
49.854 (11) (b) The department. The department may assess a collection fee to recover the department's costs incurred in levying against property under this section. The department shall determine its costs to be paid in all cases of levy. The obligor is liable to the department for the amount of the collection fee authorized under this paragraph. Fees collected under this paragraph shall be credited to the appropriation account under s. 20.445 (1) (L) (3) (ja).
33,1464
Section
1464. 50.01 (1g) (c) of the statutes is amended to read:
50.01 (1g) (c) A shelter facility as defined under s. 16.352 560.9808 (1) (d).
33,1466
Section
1466. 50.03 (5g) (c) 1. c. of the statutes is amended to read:
50.03 (5g) (c) 1. c. All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (f), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order under s. 50.03 (11). The department shall remit all forfeitures paid under this subdivision to the state treasurer secretary of administration for deposit in the school fund.
33,1466d
Section 1466d. 50.031 of the statutes is created to read:
50.031 Nursing home surveyor positions. (1) In this section, "long-term care facility" means a licensed nursing home, community-based residential facility, adult family home, home health agency, or rural medical center or a certified or registered residential care apartment complex.
(2) For every December 31 on which the total number of long-term care facilities is less than the total number of long-term care facilities that existed on December 31 of the previous year, the total number of authorized full-time equivalent program revenue positions, as defined in s. 230.03 (11), for the department, funded from the appropriation account under s. 20.435 (6) (jm) for the purpose of performing surveillance of licensed nursing homes, shall be reduced by the same percentage by which the total number of long-term care facilities is reduced from the total number of long-term care facilities that existed on December 31 of the previous year. Each reduction of authorized full-time equivalent program revenue positions shall begin on July 1 of the year following the year in which the reduction of the total number of long-term care facilities occurred.
33,1467
Section
1467. 50.034 (8) (d) of the statutes is amended to read:
50.034 (8) (d) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (c), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.
33,1468
Section
1468. 50.035 (11) (d) of the statutes is amended to read:
50.035 (11) (d) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (c), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.
33,1472b
Section 1472b. 50.04 (5) (f) of the statutes is amended to read:
50.04 (5) (f) Forfeitures paid within 10 days. All forfeitures shall be paid to the department within 10 days of receipt of notice of assessment or, if the forfeiture is contested under par. (e), within 10 days of receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order under s. 50.03 (11). The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.
33,1473
Section
1473. 50.07 (3) (a) of the statutes is repealed.
33,1474
Section
1474. 50.07 (3) (b) of the statutes is amended to read:
50.07 (3) (b) Any employee of an employer not described in par. (a) who is discharged or otherwise retaliated or discriminated against in violation of sub. (1) (e) or (em) may file a complaint with the department of workforce development under s. 106.54 (5).
33,1475
Section
1475. 50.07 (3) (c) of the statutes is amended to read:
50.07 (3) (c) Any person not described in par. (a) or (b) who is retaliated or discriminated against in violation of sub. (1) (e) or (em) may commence an action in circuit court for damages incurred as a result of the violation.
33,1476
Section
1476. 50.14 (title) of the statutes is amended to read:
50.14 (title) Assessments on occupied, licensed beds.
33,1477
Section
1477. 50.14 (1) (a) of the statutes is amended to read:
50.14 (1) (a) Notwithstanding s. 50.01 (1m), "facility" means a nursing home or an intermediate care facility for the mentally retarded, which is not state-owned or state-operated, federally owned or federally operated or that is not located outside the state.
33,1478
Section
1478. 50.14 (2) of the statutes is renumbered 50.14 (2) (intro.) and amended to read:
50.14 (2) (intro.) For the privilege of doing business in this state, there is imposed on all occupied, licensed beds of a facility, except occupied, licensed beds for which payment is made under 42 USC 1395 to 1395ccc, an assessment that shall be deposited in the general fund and that is $100 per calendar month per occupied, licensed bed of an intermediate care facility for the mentally retarded may not exceed $435 in fiscal year 2003-04 and may not exceed $445 in fiscal year 2004-05 and is $32 an assessment that may not exceed $75 per calendar month per occupied, licensed bed of a nursing home. The assessment shall be on the average number of occupied, licensed beds of a facility for the calendar month previous to the month of assessment, based on an average daily midnight census computed and reported by the facility and verified by the department. Charged bed-hold days for any resident of a facility shall be included as one full day in the average daily midnight census deposited in the general fund, except that in fiscal year 2003-04, amounts in excess of $14,300,000, in fiscal year 2004-05, amounts in excess of $13,800,000, and, beginning July 1, 2005, in each fiscal year, amounts in excess of 45% of the money received from the assessment shall be deposited in the Medical Assistance trust fund. In determining the number of occupied, licensed beds, if all of the following apply:
(a) If the amount of the beds is other than a whole number, the fractional part of the amount shall be disregarded unless it equals 50% or more of a whole number, in which case the amount shall be increased to the next whole number.
33,1479
Section
1479. 50.14 (2) (b) of the statutes is created to read:
50.14 (2) (b) The number of licensed beds of a nursing home includes any number of beds that have been delicensed under s. 49.45 (6m) (ap) 1. but not deducted from the nursing home's licensed bed capacity under s. 49.45 (6m) (ap) 4. a.
33,1480
Section
1480. 50.14 (3) of the statutes is amended to read:
50.14 (3) By the end of each month, each facility shall submit to the department the facility's occupied licensed bed count and the amount due under sub. (2) for each occupied licensed bed of the facility for the month preceding the month during which the bed count and payment are is being submitted. The department shall verify the bed count number of beds licensed and, if necessary, make adjustments to the payment, notify the facility of changes in the bed count or payment owing and send the facility an invoice for the additional amount due or send the facility a refund.
33,1481
Section
1481. 50.14 (4) of the statutes is amended to read:
50.14 (4) Sections 77.59 (1) to (5), (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 excess of $14,300,000 in fiscal year 2003-04, in excess of $13,800,000 in fiscal year 2004-05, and, beginning July 1, 2005, in excess of 45% in each fiscal year shall be deposited in the Medical Assistance trust fund.
33,1482
Section
1482. 50.38 (4) of the statutes is amended to read:
50.38 (4) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under sub. (3), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.
33,1483
Section
1483. 50.55 (1) (e) of the statutes is amended to read:
50.55 (1) (e) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (d), within 10 days after receipt of the final decision, unless the final decision is appealed and the decision is in favor of the appellant. The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.
33,1484
Section
1484. 50.90 (2) of the statutes is amended to read:
50.90 (2) "Organization" means a public agency, as defined in s. 46.93 (1m) (e) 46.856 (1) (b), a nonprofit corporation, a for-profit stock corporation, a cooperative, a partnership, a limited liability company or a sole proprietorship.
33,1485
Section
1485. 50.98 (5) of the statutes is amended to read:
50.98 (5) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under sub. (4), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order under the same terms and conditions as found in s. 50.03 (11). The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.
33,1486
Section
1486. 51.06 (1m) (d) of the statutes is amended to read:
51.06 (1m) (d) Services for up to 50 individuals with developmental disability who are also diagnosed as mentally ill or who exhibit extremely aggressive and challenging behaviors.
33,1487
Section
1487. 51.06 (3) of the statutes is renumbered 51.06 (3) (a) and amended to read:
51.06 (3) (a) Individuals Subject to par. (b), individuals under the age of 22 years shall be placed only at the central center for the developmentally disabled unless the department authorizes the placement of the individual at the northern or southern center for the developmentally disabled.
33,1488
Section
1488. 51.06 (3) (b) of the statutes is created to read:
51.06 (3) (b) An individual may be placed at or transferred to a center for the developmentally disabled for services under sub. (1m) (d) only after all of the following conditions are met:
1. The department determines that a licensed bed and other necessary resources are available to provide services to the individual.
2. The department and the county of residence of the individual agree on a maximum discharge date for the individual.
33,1489
Section
1489. 51.06 (5) of the statutes is created to read:
51.06 (5) Surcharge for extended intensive treatment. The department may impose on a county a progressive surcharge for services under sub. (1m) (d) that an individual receives after the maximum discharge date for the individual that was agreed upon under sub. (3) (b) 2. The surcharge is 10% of the amount paid for the individual's services under s. 49.45 during any part of the first 6-month period following the maximum discharge date, and increases by 10% of the amount paid for the individual's services under s. 49.45 during any part of each 6-month period thereafter. Any revenues received under this subsection shall be credited to the appropriation account under s. 20.435 (2) (gL).
33,1490
Section
1490. 51.06 (6) of the statutes is created to read:
51.06 (6) Sale of assets or real property at Northern Center for the Developmentally Disabled. The department may maintain the Northern Center for the Developmentally Disabled for the purpose specified in sub. (1), but may sell assets or real property of the Northern Center for the Developmentally Disabled. If there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold under this subsection, the department shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the property was purchased with federal financial assistance, the department shall pay to the federal government any of the net proceeds required by federal law. If there is no such debt outstanding and there are no moneys payable to the federal government, or if the net proceeds exceed the amount required to be deposited or paid under this subsection, the department shall credit the net proceeds or remaining net proceeds to the appropriation account under s. 20.435 (2) (gk).
33,1490c
Section 1490c. 51.06 (7) of the statutes is created to read:
51.06 (7) Employee or position transfers. The department may not transfer an employee of the Northern Center for the Developmentally Disabled to another center for the developmentally disabled unless the employee requests the transfer. The department may not transfer employee positions from the Northern Center for the Developmentally Disabled to another center for the developmentally disabled if the position transfer would have the purpose or effect of significantly changing the mission of the Northern Center for the Developmentally Disabled.
33,1491
Section
1491. 51.20 (13) (c) (intro.) of the statutes is amended to read:
51.20 (13) (c) (intro.) If disposition is made under par. (a) 3., all of the following apply:
33,1492
Section
1492. 51.20 (13) (c) 1. of the statutes is amended to read:
51.20 (13) (c) 1. The court shall designate the facility or service which that is to receive the subject individual into the mental health system, except that, if the subject individual is under the age of 22 years and the facility is a center for the developmentally disabled, the court shall designate only the central center for the developmentally disabled unless the department authorizes designation of the northern or southern center for the developmentally disabled; subject to s. 51.06 (3).
33,1493
Section
1493. 51.20 (13) (c) 2. of the statutes is amended to read:
51.20 (13) (c) 2. The county department under s. 51.42 or 51.437 shall arrange for treatment in the least restrictive manner consistent with the requirements of the subject individual in accordance with a court order designating the maximum level of inpatient facility, if any, which that may be used for treatment, except that, if the subject individual is under the age of 22 years and the facility is a center for the developmentally disabled, designation shall be only to the central center for the developmentally disabled unless the department authorizes the placement of the individual at the northern or southern center for the developmentally disabled; and subject to s. 51.06 (3).
33,1494
Section
1494. 51.20 (13) (f) of the statutes is amended to read:
51.20 (13) (f) The county department under s. 51.42 or 51.437 which that receives an individual who is committed by a court under par. (a) 3. is authorized to place such the individual in an approved treatment facility, subject to any limitations which are specified by the court under par. (c) 2. The county department shall place the subject individual in the treatment program and treatment facility which that is least restrictive of the individual's personal liberty, consistent with the treatment requirements of the individual. The county department shall have has ongoing responsibility to review the individual's needs, in accordance with sub. (17), and to transfer the person to the least restrictive program consistent with the individual's needs. If the subject individual is under the age of 22 years and if the facility appropriate for placement or transfer is a center for the developmentally disabled, placement or transfer of the individual shall be made only to the central center for the developmentally disabled unless the department authorizes the placement or transfer to the northern or southern center for the developmentally disabled Placement or transfer under this paragraph is subject to s. 51.06 (3).
33,1495
Section
1495. 51.35 (1) (a) of the statutes is amended to read:
51.35 (1) (a) The Subject to pars. (b) and (d), the department or the county department under s. 51.42 or 51.437 may transfer any patient or resident who is committed to it, or who is admitted to a treatment facility under its supervision or operating under an agreement with it, between treatment facilities or from a treatment facility into the community if such the transfer is consistent with reasonable medical and clinical judgment and
, consistent with s. 51.22 (5). The transfer shall be made, and, if the transfer results in a greater restriction of personal freedom for the patient or resident, in accordance with par. (e). Terms and conditions which that will benefit the patient or resident may be imposed as part of a transfer to a less restrictive treatment alternative. A patient or resident who is committed to the department or a county department under s. 51.42 or 51.437 may be required to take medications and receive treatment, subject to the right of the patient or resident to refuse medication and treatment under s. 51.61 (1) (g) and (h), through a community support program as a term or condition of a transfer. The patient or resident shall be informed at the time of transfer of the consequences of violating such
the terms and conditions of the transfer, including possible transfer back to a facility which treatment facility that imposes a greater restriction on personal freedom of the patient or resident.
33,1496
Section
1496. 51.35 (1) (b) of the statutes is renumbered 51.35 (1) (b) 1. and amended to read:
51.35 (1) (b) 1. In addition to the requirements in par. (a), a Except as provided in pars. (c) and (d), a transfer of a patient in a mental health institute or center for the developmentally disabled by the department is subject to the approval of the appropriate county department under ss. 51.42 and 51.437 to which the patient was committed or through which the patient was admitted to the facility, if any mental health institute.
33,1496c
Section 1496c. 51.35 (1) (b) 2. of the statutes is created to read:
51.35 (1) (b) 2. Except as provided in pars. (c) and (d), a transfer of a resident of a center for the developmentally disabled by the department is subject to the approval of the appropriate county department under s. 51.42 or 51.437 to which the resident was committed or through which the resident was admitted to the center
and to the approval of the resident's guardian .
33,1497
Section
1497. 51.35 (1) (bm) of the statutes is amended to read:
51.35 (1) (bm) Notwithstanding par. (b), transfer Transfer of a patient under the age of 22 years resident by a county department to a center for the developmentally disabled may be made only to the central center for the developmentally disabled unless the department authorizes the transfer of the patient to the northern or southern center for the developmentally disabled is subject to s. 51.06 (3).
33,1498
Section
1498. 51.35 (1) (c) of the statutes is amended to read:
51.35 (1) (c) The department may, without approval of the county department under s. 51.42 or 51.437 and notwithstanding par. (d) 3., transfer any patient from a treatment facility to another treatment facility when the condition of the patient requires such transfer without delay. The department shall notify the appropriate county department under s. 51.42 or 51.437 that the transfer has been made. Any patient so transferred may be returned to the treatment facility from which the transfer was made, upon orders from the department or the county department under s. 51.42 or 51.437, when such the return would be in the best interests of the patient.
33,1499
Section
1499. 51.35 (1) (d) 1. and 2. of the statutes are amended to read:
51.35 (1) (d) 1. The Subject to subd. 2., the department may, without approval of the appropriate county department under s. 51.42 or 51.437, transfer any patient from a state treatment facility or other inpatient facility to an approved treatment facility which is less restrictive of the patient's personal freedom.
2. Transfer under this subsection paragraph may be made only if the transfer is consistent with the requirements of par. (a), and the department finds that the appropriate county department under s. 51.42 or 51.437 is unable to locate an approved treatment facility in the community, or that such the county department has acted in an arbitrary or capricious manner to prevent the transfer of the patient out of the state treatment facility or other inpatient facility contrary to medical and clinical judgment.
33,1499b
Section 1499b. 51.35 (1) (d) 3. of the statutes is renumbered 51.35 (1) (b) 3. and amended to read:
51.35 (1) (b) 3. A Except as provided in pars. (c) and (d), a transfer of a patient, made under authority of this subsection, in a treatment facility other than as specified in subd. 1. or 2. may be made by the department only after the department has notified the appropriate county department under s. 51.42 or 51.437 of its intent to transfer a the patient in accordance with this subsection. The patient's guardian, if any, or if a minor his or her parent or person in the place of a parent shall be notified by the department.
33,1500
Section
1500. 51.35 (5) of the statutes is amended to read:
51.35 (5) Residential living arrangements; transitionary services. The department and any person, director or board authorized to discharge or transfer patients under this section shall ensure that a proper residential living arrangement and the necessary transitionary services are available and provided for the patient being discharged or transferred. Under this subsection, a proper residential living arrangement may not include a shelter facility, as defined under s. 16.352 560.9808 (1) (d), unless the discharge or transfer to the shelter facility is made on an emergency basis for a period not to exceed 10 days.
33,1502
Section
1502. 51.437 (4rm) (c) 2m. of the statutes is amended to read:
51.437 (4rm) (c) 2m. Bill the county department of developmental disabilities services for services that are not provided by the federal government and that are provided under s. 51.06 (1m) (d) to individuals who are eligible for medical assistance that are not provided by the federal government, plus any applicable surcharge under s. 51.06 (5), using the procedure established under subd. 1.
33,1503
Section
1503. 51.67 (intro.) of the statutes is amended to read:
51.67 Alternate procedure; protective services. (intro.) If, after a hearing under s. 51.13 (4) or 51.20, the court finds that commitment under this chapter is not warranted and that the subject individual is a fit subject for guardianship and protective placement or services, the court may, without further notice, appoint a temporary guardian for the subject individual and order temporary protective placement or services under ch. 55 for a period not to exceed 30 days. If the court orders temporary Temporary protective placement for an individual under the age of 22 years in a center for the developmentally disabled, this placement may be made only at the central center for the developmentally disabled unless the department authorizes the placement or transfer to the northern or southern center for the developmentally disabled is subject to s. 51.06 (3). Any interested party may then file a petition for permanent guardianship or protective placement or services, including medication, under ch. 55. If the individual is in a treatment facility, the individual may remain in the facility during the period of temporary protective placement if no other appropriate facility is available. The court may order psychotropic medication as a temporary protective service under this section if it finds that there is probable cause to believe the individual is not competent to refuse psychotropic medication and that the medication ordered will have therapeutic value and will not unreasonably impair the ability of the individual to prepare for and participate in subsequent legal proceedings. An individual is not competent to refuse psychotropic medication if, because of chronic mental illness, and after the advantages and disadvantages of and alternatives to accepting the particular psychotropic medication have been explained to the individual, one of the following is true:
