20,1765
Section
1765. 50.033 (2r) of the statutes is repealed.
20,1766
Section
1766. 50.033 (2s) of the statutes is repealed.
20,1767
Section
1767. 50.033 (2t) of the statutes is repealed.
20,1769
Section
1769. 50.034 (5m) of the statutes is amended to read:
50.034 (5m) Provision of information required. Subject to sub. (5p), when a residential care apartment complex shall, within the time period after inquiry by first provides written material regarding the residential care apartment complex to a prospective resident that is prescribed by the department by rule, inform, the residential care apartment complex shall also provide the prospective resident of information specified by the department concerning the services of a resource center under s. 46.283, the family care benefit under s. 46.286, and the availability of a functional screening and a financial screen and cost-sharing screening to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).
20,1770
Section
1770. 50.034 (5n) (intro.) of the statutes is amended to read:
50.034 (5n) Required referral. (intro.) Subject to sub. (5p), when a residential care apartment complex shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, first provides written material regarding the residential care apartment complex to a prospective resident who is at least 65 years of age or has developmental disability or a physical disability and whose disability or condition is expected to last at least 90 days, the residential care apartment complex shall refer the prospective resident to a resource center under s. 46.283, unless any of the following applies:
20,1771
Section
1771. 50.034 (5n) (a) of the statutes is amended to read:
50.034 (5n) (a) For a person who has received a screen for whom a screening for functional eligibility under s. 46.286 (1) (a) has been performed within the previous 6 months, the referral under this subsection need not include performance of an additional functional screen screening under s. 46.283 (4) (g).
20,1772
Section
1772. 50.034 (5n) (d) of the statutes is amended to read:
50.034 (5n) (d) For a person who seeks admission or is about to be admitted on a private pay basis and who waives the requirement for a financial screen and cost-sharing screening under s. 46.283 (4) (g), the referral under this subsection may not include performance of a financial screen and cost-sharing screening under s. 46.283 (4) (g), unless the person is expected to become eligible for medical assistance within 6 months.
20,1773
Section
1773. 50.035 (4m) of the statutes is amended to read:
50.035 (4m) Provision of information required. Subject to sub. (4p), when a community-based residential facility shall, within the time period after inquiry by first provides written material regarding the community-based residential facility to a prospective resident that is prescribed by the department by rule, inform, the community-based residential facility shall also provide the prospective resident of information specified by the department concerning the services of a resource center under s. 46.283, the family care benefit under s. 46.286, and the availability of a functional screening and
a financial screen and cost-sharing screening to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).
20,1774
Section
1774. 50.035 (4n) (intro.) of the statutes is amended to read:
50.035 (4n) Required referral. (intro.) Subject to sub. (4p), When a community-based residential facility shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, first provides written information regarding the community-based residential facility to a prospective resident who is at least 65 years of age or has developmental disability or a physical disability and whose disability or condition is expected to last at least 90 days, the community-based residential facility shall refer the individual to a resource center under s. 46.283 or, if the secretary has not certified under s. 46.281 (3) that a resource center is available in the area of the community-based residential facility to serve individuals in an eligibility group to which the prospective resident belongs, to the county department that administers a program under ss. 46.27 or 46.277, unless any of the following applies:
20,1775
Section
1775. 50.035 (4n) (a) of the statutes is amended to read:
50.035 (4n) (a) For a person who has received a screen for whom a screening for functional eligibility under s. 46.286 (1) (a) has been performed within the previous 6 months, the referral under this subsection need not include performance of an additional functional screen screening under s. 46.283 (4) (g).
20,1776
Section
1776. 50.035 (4n) (d) of the statutes is amended to read:
50.035 (4n) (d) For a person who seeks admission or is about to be admitted on a private pay basis and who waives the requirement for a financial screen and cost-sharing screening under s. 46.283 (4) (g), the referral under this subsection may not include performance of a financial screen and cost-sharing screening under s. 46.283 (4) (g), unless the person is expected to become eligible for medical assistance within 6 months.
20,1777
Section
1777. 50.035 (4p) of the statutes is amended to read:
50.035 (4p) Applicability. Subsections Subsection (4m) and (4n) apply applies only if the secretary has certified under s. 46.281 (3) that a resource center is available for the community-based residential facility and for specified groups of eligible individuals that include those persons seeking admission to or the residents of the community-based residential facility.
20,1779
Section
1779. 50.035 (7) of the statutes is repealed.
20,1780
Section
1780. 50.035 (9) of the statutes is repealed.
20,1782
Section
1782. 50.04 (2g) (a) of the statutes is amended to read:
50.04 (2g) (a) Subject to sub. (2i), a nursing home shall, within the time period after inquiry by a prospective resident that is prescribed by the department by rule, inform the prospective resident of the services of a resource center under s. 46.283, the family care benefit under s. 46.286, and the availability of a functional screening and a financial screen and cost-sharing screening to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).
20,1783
Section
1783. 50.04 (2h) (a) 1. of the statutes is amended to read:
50.04 (2h) (a) 1. For a person who has received a screen for whom a screening for functional eligibility under s. 46.286 (1) (a) has been performed within the previous 6 months, the referral under this paragraph need not include performance of an additional functional screen screening under s. 46.283 (4) (g).
20,1784
Section
1784. 50.04 (2h) (a) 4. of the statutes is amended to read:
50.04 (2h) (a) 4. For a person who seeks admission or is about to be admitted on a private pay basis and who waives the requirement for a financial screen and cost-sharing screening under s. 46.283 (4) (g), the referral under this subsection may not include performance of a financial screen and cost-sharing screening under s. 46.283 (4) (g), unless the person is expected to become eligible for medical assistance within 6 months.
20,1792
Section
1792. 50.06 (7) of the statutes is amended to read:
50.06 (7) An individual who consents to an admission under this section may request that an assessment be conducted for the incapacitated individual under the long-term support community options program under s. 46.27 (6) or, if the secretary has certified under s. 46.281 (3) that a resource center is available for the individual, a functional screening and a financial screen and cost-sharing screening to determine eligibility for the family care benefit under s. 46.286 (1). If admission is sought on behalf of the incapacitated individual or if the incapacitated individual is about to be admitted on a private pay basis, the individual who consents to the admission may waive the requirement for a financial screen and cost-sharing screening under s. 46.283 (4) (g), unless the incapacitated individual is expected to become eligible for medical assistance within 6 months.
20,1799m
Section 1799m. 50.135 (3) of the statutes is amended to read:
50.135 (3) Exemption. The inpatient health care facilities under ss. 45.50, 48.62, 51.05, 51.06, 233.40, 233.41, 233.42 and 252.10 are exempt from this section.
20,1800
Section
1800. 50.14 (2) (intro.) of the statutes is amended to read:
50.14 (2) (intro.) For the privilege of doing business in this state, there is imposed on all licensed beds of a facility an assessment that may not exceed $445 per calendar month per licensed bed of an intermediate care facility for the mentally retarded and an assessment that may not exceed $75 in the following amount per calendar month per licensed bed of a nursing home. the facility:
(2g) The assessment moneys collected under this section shall be deposited in the general fund, except amounts in excess of $13,800,000 shall be deposited in the Medical Assistance trust fund.
(2r) In determining the number of licensed beds, all of the following apply:
20,1801g
Section 1801g. 50.14 (2) (a) of the statutes is renumbered 50.14 (2r) (a).
20,1802
Section
1802. 50.14 (2) (am) of the statutes is created to read:
50.14 (2) (am) For nursing homes, an amount not to exceed $75.
20,1803m
Section 1803m. 50.14 (2) (b) of the statutes is renumbered 50.14 (2r) (b).
20,1804
Section
1804. 50.14 (2) (bm) of the statutes is created to read:
50.14 (2) (bm) For intermediate care facilities for the mentally retarded, an amount calculated by multiplying the projected annual gross revenues of all intermediate care facilities for the mentally retarded in this state by 0.055, dividing the product by the number of licensed beds of intermediate care facilities in this state and dividing the quotient by 12.
20,1805
Section
1805. 50.14 (2m) of the statutes is created to read:
50.14 (2m) Prior to each state fiscal year, the department shall calculate the amount of the assessment under sub. (2) (bm) that shall apply during the fiscal year. The department may reduce the assessment amount during a state fiscal year to avoid collecting for the fiscal year an amount in bed assessment receipts under sub. (2) (bm) that exceeds 5.5 percent of the aggregate gross revenues for intermediate care facilities for the mentally retarded for the fiscal year.
20,1806
Section
1806. 50.36 (2) (c) of the statutes is repealed.
20,1808
Section
1808. 50.38 of the statutes is repealed.
20,1809
Section
1809. 50.49 (6m) (am) of the statutes is created to read:
50.49 (6m) (am) An entity with which a care management organization, as defined in s. 46.2805 (1), contracts for care management services under s. 46.284 (4) (d), for purposes of providing the contracted services.
20,1810
Section
1810. 50.498 (1m) of the statutes is amended to read:
50.498 (1m) If an individual who applies for a certificate of approval, license or provisional license under sub. (1) does not have a social security number, the individual, as a condition of obtaining the certificate of approval, license or provisional license, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A certificate of approval, license or provisional license issued in reliance upon a false statement submitted under this subsection is invalid.
20,1810r
Section 1810r. 51.03 (6) of the statutes is created to read:
51.03 (6) The department shall issue a request for proposals to provide pharmacy management services for all state treatment facilities.
20,1811
Section
1811. 51.032 (1m) of the statutes is amended to read:
51.032 (1m) If an individual who applies for a certification or approval under sub. (1) does not have a social security number, the individual, as a condition of obtaining the certification or approval, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A certification or approval issued in reliance upon a false statement submitted under this subsection is invalid.
20,1812
Section
1812. 51.038 of the statutes is amended to read:
51.038 Outpatient mental health clinic certification. Except as provided in s. 51.032, if a facility that provides mental health services on an outpatient basis holds current accreditation from the council on accreditation of services for families and children, the department may accept evidence of this accreditation as equivalent to the standards established by the department, for the purpose of certifying the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f. or 49.471 (11) (k), a community aids funding recipient under s. 51.423 (2) or as mandated coverage under s. 632.89.
20,1813
Section
1813. 51.04 of the statutes is amended to read:
51.04 Treatment facility certification. Except as provided in s. 51.032, any treatment facility may apply to the department for certification of the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f. or 49.471 (11) (k) or to a community aids funding recipient under s. 51.423 (2) or provided as mandated coverage under s. 632.89. The department shall annually charge a fee for each certification.
20,1814
Section
1814. 51.15 (9) of the statutes is amended to read:
51.15 (9) Notice of rights. At the time of detention the individual shall be informed by the director of the facility or such person's designee, both orally and in writing, of his or her right to contact an attorney and a member of his or her immediate family, the right to have an attorney provided at public expense, as provided under s. 967.06 and ch. 977, if the individual is a child or is indigent, 51.60, and the right to remain silent and that the individual's statements may be used as a basis for commitment. The individual shall also be provided with a copy of the statement of emergency detention.
20,1815
Section
1815. 51.20 (3) of the statutes is amended to read:
51.20 (3) Legal counsel. At the time of the filing of the petition the court shall assure that the subject individual is represented by adversary counsel. If the individual claims or appears to be indigent, the court shall refer the person to the authority for indigency determinations specified under s. 977.07 (1). If the individual is a child, the court shall refer that child by referring the individual to the state public defender, who shall appoint counsel for the child individual without a determination of indigency, as provided in s. 48.23 (4) 51.60.
20,1816
Section
1816. 51.20 (18) (c) of the statutes is amended to read:
51.20 (18) (c) Expenses of the proceedings from the presentation of the statement of emergency detention or petition for commitment to the conclusion of the proceeding shall be allowed by the court and paid by the county from which the subject individual is detained, committed, or released, in the manner that the expenses of a criminal prosecution are paid, as provided in s. 59.64 (1). Payment of attorney fees for appointed attorneys in the case of children and indigents shall be in accordance with ch. 977.
20,1817
Section
1817. 51.30 (4) (b) 27. of the statutes is amended to read:
51.30 (4) (b) 27. For the purpose of entering information concerning the subject individual into the statewide automated child welfare information system established under s. 46.03 48.47 (7g).
20,1818
Section
1818. 51.35 (1) (e) 1. of the statutes is amended to read:
51.35 (1) (e) 1. Whenever any transfer between different treatment facilities results in a greater restriction of personal freedom for the patient and whenever the patient is transferred from outpatient to inpatient status, the department or the county department specified under par. (a) shall inform the patient both orally and in writing of his or her right to contact an attorney and a member of his or her immediate family, the right to have counsel provided at public expense, as provided under s. 967.06 and ch. 977, if the patient is a child or is indigent 51.60, and the right to petition a court in the county in which the patient is located or the committing court for a review of the transfer.
20,1819
Section
1819. 51.35 (1) (e) 2. c. of the statutes is amended to read:
51.35 (1) (e) 2. c. The patient's right to have counsel provided at public expense, as provided under s. 967.06 and ch. 977, if the patient is a child or is indigent 51.60.
20,1819m
Section 1819m. 51.42 (3) (ar) 4. b. of the statutes is amended to read:
51.42 (3) (ar) 4. b. Comprehensive diagnostic and evaluation services, including assessment as specified under ss. 114.09 (2) (bm), 343.30 (1q) and 343.305 (10) and assessments under ss. 48.295 (1) and 938.295 (1).
20,1820
Section
1820. 51.42 (3) (as) 1. of the statutes is amended to read:
51.42 (3) (as) 1. A county department of community programs shall authorize all care of any patient in a state, local, or private facility under a contractual agreement between the county department of community programs and the facility, unless the county department of community programs governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of community programs or its contract agency. In cases of emergency, a facility under contract with any county department of community programs shall charge the county department of community programs having jurisdiction in the county where the patient is found. The county department of community programs shall reimburse the facility for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health and family services determines that a charge is administratively infeasible, or unless the department of health and family services, after individual review, determines that the charge is not attributable to the cost of basic care and services. Except as provided in subd. 1m., a county department of community programs may not reimburse any state institution or receive credit for collections for care received therein in a state institution by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3), and transfers from Wisconsin state prisons under s. 51.37 (5) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06 or admissions under s. 975.17, 1977 stats., or children placed in the guardianship of the department of health and family services children and families under s. 48.427 or 48.43 or under the supervision of the department of corrections under s. 938.183 or 938.355. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which that are attributable to care and treatment of the client.
20,1821
Section
1821. 51.42 (3) (e) of the statutes is amended to read:
51.42 (3) (e) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), any subunit of a county department of community programs or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of community programs or tribal agency, with a resource center, a care management organization, or a family long-term care district, or with any person providing services to the client under a purchase of services contract with the county department of community programs or tribal agency or with a resource center, care management organization, or family long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of community programs or tribal agency to coordinate the delivery of services to the client. Any agency releasing information under this paragraph shall document that a request was received and what information was provided.
20,1821m
Section 1821m. 51.423 (2) of the statutes is amended to read:
51.423 (2) From the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute the funding for services provided or purchased by county departments under s. 46.23, 51.42, or 51.437 to such county departments as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2) and (9) (b). Each county's required match for the distributions under s. 46.40 (2) for a year equals 9.89% of the total of the county's distributions under s. 46.40 (2) for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Each county's required match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that county's amounts described in s. 46.40 (9) (a) (ar) (intro.) for that year. Matching funds may be from county tax levies, federal and state revenue sharing funds, or private donations to the counties that meet the requirements specified in sub. (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.
20,1822
Section
1822. 51.437 (4r) (b) of the statutes is amended to read:
51.437 (4r) (b) Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), any subunit of a county department of developmental disabilities services or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of developmental disabilities services or tribal agency, with a resource center, a care management organization, or a family long-term care district, or with any person providing services to the client under a purchase of services contract with the county department of developmental disabilities services or tribal agency or with a resource center, a care management organization, or a family long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of developmental disabilities services or tribal agency to coordinate the delivery of services to the client. Any agency releasing information under this paragraph shall document that a request was received and what information was provided.
20,1823
Section
1823. 51.437 (4rm) (a) of the statutes is amended to read:
51.437 (4rm) (a) A county department of developmental disabilities services shall authorize all care of any patient in a state, local, or private facility under a contractual agreement between the county department of developmental disabilities services and the facility, unless the county department of developmental disabilities services governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of developmental disabilities services or its contract agency prior to the admission of a patient to the facility except in the case of emergency services. In cases of emergency, a facility under contract with any county department of developmental disabilities services shall charge the county department of developmental disabilities services having jurisdiction in the county where the individual receiving care is found. The county department of developmental disabilities services shall reimburse the facility, except as provided under par. (c), for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health and family services determines that a charge is administratively infeasible, or unless the department of health and family services, after individual review, determines that the charge is not attributable to the cost of basic care and services. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which are attributable to care and treatment of the client. County departments of developmental disabilities services may not reimburse any state institution or receive credit for collections for care received therein in a state institution by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06, admissions under s. 975.17, 1977 stats., children placed in the guardianship of the department of health and family services children and families under s. 48.427 or 48.43 or juveniles under the supervision of the department of corrections under s. 938.183 or 938.355.
20,1824b
Section 1824b. 51.437 (14) (i) of the statutes is created to read:
51.437 (14) (i) Ensure that the matching-funds requirement for the state developmental disabilities councils grant, as received from the federal department of health and human services, is met by reporting to the federal department of health and human services expenditures made for the provision of developmental disabilities services under the basic county allocation distributed under s. 46.40 (2).
20,1827
Section
1827. 51.45 (12) (b) (intro.), 1. and 3. of the statutes are consolidated, renumbered 51.45 (12) (b) and amended to read:
51.45 (12) (b) The physician, spouse, guardian, or a relative of the person sought to be committed, or any other responsible person, may petition a circuit court commissioner or the circuit court of the county in which the person sought to be committed resides or is present for commitment under this subsection. The petition shall: 1. State state facts to support the need for emergency treatment; 3. Be and be supported by one or more affidavits which that aver with particularity the factual basis for the allegations contained in the petition.
20,1828
Section
1828. 51.45 (12) (b) 2. of the statutes is repealed.
20,1829
Section
1829. 51.45 (12) (c) 2. of the statutes is amended to read:
