2013 Wisconsin Act 20

20,811 Section 811. 45.70 (2) (a) of the statutes is renumbered 45.70 (1b) (a) and amended to read:

45.70 (1b) (a) The board may approve, recommend, and veto any proposed plans, modifications, and changes or policies with respect to established state memorials, including the Camp Randall Memorial Park, Madison, Wisconsin, as described in par. (c), and any future veterans state memorials, and may recommend the creation and establishment of future veterans state memorials.

20,812 Section 812. 45.70 (2) (b) of the statutes is amended to read:

45.70 (2) (b) No structures, other than memorials approved by the board, and no walks, roads, or subterranean footings may be placed or erected upon Camp Randall Memorial Park, Madison, Wisconsin, as described in par. (c), unless authorized by the legislature; nor shall the park be used for any purpose other than a memorial park.

20,813 Section 813. 45.82 (4) of the statutes is amended to read:

45.82 (4) The department shall provide grants to the governing bodies of federally recognized American Indian tribes and bands from the appropriation under s. 20.485 (2) (km) or (vw) if that governing body enters into an agreement with the department regarding the creation, goals, and objectives of a tribal veterans service officer, appoints a veteran to act as a tribal veterans service officer, and gives that veteran duties similar to the duties described in s. 45.80 (5), except that the veteran shall report to the governing body of the tribe or band. The department may make annual grants of up to $8,500 $15,000 per grant under this subsection and shall promulgate rules to implement this subsection.

20,814 Section 814. 46.03 (30) (a) of the statutes is amended to read:

46.03 (30) (a) To provide for an orderly reduction of state institutional primary psychiatric services the department may approve the institutes entering into contracts with county departments under s. 51.42 for providing primary psychiatric care. If excess capacity exists at state operated mental health institutes, the department shall, subject to s. ss. 13.48 (14) (am) and 16.848 (1), explore the possible sale or lease of such excess facilities to a county department under s. 51.42.

20,815 Section 815. 46.035 (2) (a) of the statutes is amended to read:

46.035 (2) (a) Without limitation by reason of any other provisions of the statutes except s. ss. 13.48 (14) (am) and 16.848 (1), the power to sell and to convey title in fee simple to a nonprofit corporation any land and any existing buildings thereon owned by, or owned by the state and held for, the department or of any of the institutions under the jurisdiction of the department for such consideration and upon such terms and conditions as in the judgment of the secretary are in the public interest.

20,816 Section 816. 46.057 (2) of the statutes is amended to read:

46.057 (2) From the appropriation account under s. 20.410 (3) (ba), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $1,365,500 in each fiscal year and, from the appropriation account under s. 20.410 (3) (hm), the department of corrections shall transfer to the appropriation account under s. 20.435 (2) (kx) $2,890,700 $2,707,100 in fiscal year 2011-12 2013-14 and $2,964,000 $2,772,800 in fiscal year 2012-13 2014-15, for services for juveniles placed at the Mendota juvenile treatment center. The department of health services may charge the department of corrections not more than the actual cost of providing those services.

20,817 Section 817. 46.06 (4) of the statutes is amended to read:

46.06 (4) Sales. The department may, with the approval of the building commission, and subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), sell and convey such lands under the jurisdiction of the department as the secretary deems to be in excess of the present or future requirements of the department for either the operation of its facilities or programs, for the maintenance of buffer zones adjacent to its facilities or for other public purposes. The proceeds of such sales are subject to s. 13.48 (14) (c).

20,818 Section 818. 46.07 of the statutes is amended to read:

46.07 Property of patients or residents. All money including wages and other property delivered to an officer or employee of any institution for the benefit of a patient or resident shall immediately be delivered to the steward, who shall enter the money upon the steward's books to the credit of the patient or resident. The property shall be used only under the direction and with the approval of the superintendent and for the crime victim and witness assistance surcharge under s. 973.045 (4), the delinquency victim and witness assistance surcharge under s. 938.34 (8d) (c), the deoxyribonucleic acid analysis surcharge under s. 973.046 (1r), the child pornography surcharge under s. 973.042, the drug offender diversion surcharge under s. 973.043, or the benefit of the patient or resident. If the money remains uncalled for for one year after the patient's or resident's death or departure from the institution, the superintendent shall deposit the money in the general fund. If any patient or resident leaves property, other than money, uncalled for at an institution for one year, the superintendent shall sell the property, and the proceeds shall be deposited in the general fund. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by s. 20.913 (3) (c).

20,819 Section 819. 46.21 (1) (d) of the statutes is amended to read:

46.21 (1) (d) "Human services" means the total range of services to people, including mental illness treatment, developmental disabilities services, physical disabilities services, income maintenance, youth probation, extended supervision and parole services, alcohol and drug abuse services, services to children, youth and families, family counseling, early intervention services for children from birth to the age of 3, and manpower services. "Human services" does not include child welfare services administered by the department of children and families under s. 48.48 (17) administered by the department in a county having a population of 500,000 or more.

20,820 Section 820. 46.215 (1) (intro.) of the statutes is amended to read:

46.215 (1) Creation; powers and duties. (intro.) In Except as provided in ss. 49.155 (3g), 49.78 (1r), 49.825, and 49.826, in a county with a population of 500,000 750,000 or more the administration of welfare services, other than child welfare services administered by the department of children and families under s. 48.48 (17) administered by the department and except as provided in ss. 49.155 (3g), 49.78 (1r), 49.825, and 49.826, is vested in a county department of social services under the jurisdiction of the county board of supervisors under s. 46.21 (2m) (b) 1. a. Any reference in any law to a county department of social services under this section applies to a county department under s. 46.21 (2m) in its administration under s. 46.21 (2m) of the powers and duties of the county department of social services. Except as provided in ss. 49.155 (3g), 49.78 (1r), 49.825, and 49.826, the county department of social services shall have the following functions, duties, and powers, and such other welfare functions as may be delegated to it:

20,821 Section 821. 46.27 (7g) (a) 1m. of the statutes is created to read:

46.27 (7g) (a) 1m. "Decedent" means a deceased client or a deceased nonclient surviving spouse, whichever is applicable.

20,822 Section 822. 46.27 (7g) (a) 4. of the statutes is created to read:

46.27 (7g) (a) 4. "Nonclient surviving spouse" means any person who was married to a client while the client was receiving services for which the cost may be recovered under par. (c) 1. and who survived the client.

20,823 Section 823. 46.27 (7g) (a) 5. of the statutes is created to read:

46.27 (7g) (a) 5. a. "Property of a decedent" means all real and personal property to which the client held any legal title or in which the client had any legal interest immediately before death, to the extent of that title or interest, including assets transferred to a survivor, heir, or assignee through joint tenancy, tenancy in common, survivorship, life estate, living trust, or any other arrangement.

b. Notwithstanding subd. 5. a., "property of a decedent" includes all real and personal property in which the nonclient surviving spouse had an ownership interest at the client's death and in which the client had a marital property interest with that nonclient surviving spouse at any time within 5 years before the client applied for long-term community support services funded under sub. (7) or during the time that the client was eligible for long-term community support services funded under sub. (7).

20,824 Section 824. 46.27 (7g) (c) 1. of the statutes is amended to read:

46.27 (7g) (c) 1. Except as provided in subd. 4., the department shall file a claim against the estate of a client or, and against the estate of the a nonclient surviving spouse of a client, for the amount of long-term community support services funded under sub. (7) paid on behalf of the client after the client attained 55 years of age, unless already recovered by the department under this subsection.

20,825 Section 825. 46.27 (7g) (c) 2m. of the statutes is created to read:

46.27 (7g) (c) 2m. a. Property that is subject to the department's claim under subd. 1. in the estate of a client or in the estate of a nonclient surviving spouse is all property of a decedent that is included in the estate.

b. There is a presumption, which may be rebutted by clear and convincing evidence, that all property in the estate of the nonclient surviving spouse was marital property held with the client and that 100 percent of the property in the estate of the nonclient surviving spouse is subject to the department's claim under subd. 1.

20,826 Section 826. 46.27 (7g) (c) 3. (intro.) of the statutes is amended to read:

46.27 (7g) (c) 3. (intro.) The court shall reduce the amount of a claim under subd. 1. by up to the amount specified in s. 861.33 (2) if necessary to allow the client's decedent's heirs or the beneficiaries of the client's decedent's will to retain the following personal property:

20,827 Section 827. 46.27 (7g) (c) 5. a. of the statutes is amended to read:

46.27 (7g) (c) 5. a. If the department's claim is not allowable because of subd. 4. and the estate includes an interest in real property, including a home, the court exercising probate jurisdiction shall, in the final judgment or summary findings and order, assign the interest in the home real property subject to a lien in favor of the department for the amount described in subd. 1. The personal representative or petitioner for summary settlement or summary assignment of the estate shall record the final judgment as provided in s. 863.29, 867.01 (3) (h), or 867.02 (2) (h).

20,828 Section 828. 46.27 (7g) (c) 5. b. of the statutes is amended to read:

46.27 (7g) (c) 5. b. If the department's claim is not allowable because of subd. 4., the estate includes an interest in real property, including a home, and the personal representative closes the estate by sworn statement under s. 865.16, the personal representative shall stipulate in the statement that the home real property is assigned subject to a lien in favor of the department for the amount described in subd. 1. The personal representative shall record the statement in the same manner as described in s. 863.29, as if the statement were a final judgment.

20,829 Section 829. 46.27 (7g) (c) 6. (intro.) of the statutes is amended to read:

46.27 (7g) (c) 6. (intro.) The department may not enforce the a lien under subd. 5. as long as any of the following survive the decedent:

20,830 Section 830. 46.27 (7g) (c) 6m. of the statutes is created to read:

46.27 (7g) (c) 6m. All of the following apply to a lien under subd. 5. that the department may not enforce because of subd. 6.:

a. If the decedent's surviving spouse or child who is under age 21 or disabled refinances a mortgage on the real property, the lien is subordinate to the new encumbrance.

b. The department shall release the lien in the circumstances described in s. 49.848 (5) (f).

20,831 Section 831. 46.27 (7g) (g) of the statutes is amended to read:

46.27 (7g) (g) The department shall promulgate rules establishing standards for determining whether the application of this subsection would work an undue hardship in individual cases. If the department determines that the application of this subsection would work an undue hardship in a particular case, the department shall waive application of this subsection in that case. This paragraph does not apply with respect to claims against the estates of nonclient surviving spouses.

20,831f Section 831f. 46.281 (1n) (g) and (h) of the statutes are created to read:

46.281 (1n) (g) Notify, within 48 hours of the admission of an enrollee, a county that has financial responsibility for an enrollee who has been admitted to a mental health institute, as defined in s. 51.01 (12).

(h) Establish criteria to determine, and determine, whether an enrollee is at substantial risk for being admitted to a mental health institute, as defined in s. 51.01 (12).

20,831p Section 831p. 46.284 (8) of the statutes is created to read:

46.284 (8) Admissions to mental health institutes. (a) In this subsection, "mental health institute" has the meaning given in s. 51.01 (12).

(b) Every care management organization shall maintain for each enrollee a record of individuals who can be contacted in case of an emergency involving that enrollee.

(c) Subject to par. (d), every care management organization and each county in which the care management organization operates shall create an emergency plan for every enrollee who the department determines is at substantial risk of being admitted to a mental health institute. The care management organization and county shall include in the emergency plan an emergency contact in case the enrollee is admitted and a potential placement for when the enrollee is discharged from the mental health institute.

(d) If an enrollee is admitted to a mental health institute, the financially responsible county; the county that approved the admission to the mental health institute, if different; and the care management organization in which the enrollee was enrolled shall create a team that includes all of the following to coordinate a new placement for the enrollee:

1. The enrollee's guardian or emergency contact.

2. A social worker from each county involved.

3. A social worker from the care management organization.

4. A psychiatrist or psychologist.

5. An individual representing a law enforcement agency.

20,833 Section 833. 46.286 (7) of the statutes is amended to read:

46.286 (7) Recovery of family care benefit payments; rules. The department shall promulgate rules relating apply to the recovery from persons who receive the family care benefit, including by liens and affidavits and from estates, of correctly and incorrectly paid family care benefits, that are substantially similar to the applicable provisions under ss. 49.496 and 49.497, 49.848, and 49.849.

20,834 Section 834. 46.287 (2) (a) 1. k. of the statutes is amended to read:

46.287 (2) (a) 1. k. Recovery of family care benefit payments under s. 46.286 (7).

20,834h Section 834h. 46.2899 of the statutes is created to read:

46.2899 Services for the developmentally disabled who receive post-secondary education. (1) Definition. In this section, "self-directed services option" means a program known as Include, Respect, I Self-direct or IRIS operated by the department under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c).

(2) Waiver program. The department shall request a waiver from the federal centers for medicare and medicaid services in order to receive the federal medical assistance percentage for home-based and community-based services provided to individuals who are developmentally disabled and who received post-secondary education on the grounds of health care institutions. If the waiver is approved the department shall operate a waiver program to provide those services to no more than 100 individuals per month per year.

(3) Eligibility. The department shall consider as eligible for the waiver program described under sub. (2) only individuals who are receiving post-secondary education in a setting that is distinguishable from the health care institution. The department shall set the financial eligibility requirements and functional eligibility requirements for the waiver program described under sub. (2) the same as the financial eligibility requirements and functional eligibility requirements for the self-directed services option except for the requirement to be an individual who is developmentally disabled and who is receiving post-secondary education on the grounds of a health care institution.

(4) Services and benefits. The department shall provide the same services under the waiver program described in sub. (2) as it provides under the self-directed services option. The department shall determine the funding amount for a waiver program participant under this section based on what the individual would receive if enrolled in the self-directed services option .

20,835 Section 835. 46.48 (30) (a) of the statutes is amended to read:

46.48 (30) Substance abuse treatment grants. (a) From the appropriation account under s. 20.435 (7) (5) (bc), the department shall distribute grants on a competitive basis to county departments of social services and to private nonprofit organizations, as defined in s. 103.21 (2), for the provision of alcohol and other drug abuse treatment services in counties with a population of 500,000 or more. Grants distributed under this subsection may be used only to provide treatment for alcohol and other drug abuse to individuals who are eligible for federal temporary assistance for needy families under 42 USC 601 et. seq. and who have a family income of not more than 200% of the poverty line, as defined in s. 49.001 (5).

20,836 Section 836. 46.48 (31) of the statutes is created to read:

46.48 (31) Peer run respite centers. The department may distribute not more than $1,200,000 in each fiscal year, beginning in fiscal year 2014-15, to regional peer run respite centers for individuals with mental health and substance abuse concerns.

20,837 Section 837. 46.52 of the statutes is amended to read:

46.52 Systems change grants. From the appropriation under s. 20.435 (7) (5) (md), the department shall distribute funds to each grant recipient under this section so as to permit initial phasing in of recovery-oriented system changes, prevention and early intervention strategies, and consumer and family involvement for individuals with mental illness. At least 10% of the funds distributed shall be for children with mental illness.

20,838 Section 838. 46.53 of the statutes is amended to read:

46.53 Mental health treatment provider training. From the appropriation under s. 20.435 (7) (5) (md), the department may not distribute more than $182,000 in each fiscal year to provide training for mental health treatment professionals on new mental health treatment approaches in working with special populations, including seriously mentally ill individuals and children with serious emotional disturbances, and on the use of new mental health treatment medications.

20,839 Section 839. 46.54 of the statutes is amended to read:

46.54 Consumer and family self-help and peer-support programs. From the appropriation under s. 20.435 (7) (5) (md), the department shall distribute $874,000 in each fiscal year to increase support for mental health family support projects, employment projects operated by consumers of mental health services, mental health crisis intervention and drop-in projects, and public mental health information activities.

20,840 Section 840. 46.55 (3m) of the statutes is amended to read:

46.55 (3m) Within the limits of available funding under s. 20.435 (7) (5) (mb), the department shall award grants under this section in a total amount for all grants of not more than $250,000 in each fiscal year.

20,841 Section 841. 46.56 (1) (hm) of the statutes is created to read:

46.56 (1) (hm) "Multi-entity initiative" means an initiative including more than one county or tribe that is established under sub. (2) (b).

20,842 Section 842. 46.56 (2) of the statutes is renumbered 46.56 (2) (a) and amended to read:

46.56 (2) (a) If Except as provided in par. (b), if a county board of supervisors establishes an initiative under s. 59.53 (7) or if a tribe establishes an initiative, the county board or tribe shall appoint a coordinating committee and designate an administering agency. The initiative may be funded by the county or tribe or the county board of supervisors or tribe may apply for funding by the state in accordance with sub. (15).

20,843 Section 843. 46.56 (2) (b) of the statutes is created to read:

46.56 (2) (b) A county may enter into an agreement with one or more other counties or tribes to establish an initiative and a tribe may enter into an agreement with one or more counties or tribes to establish an initiative. The parties to the agreement shall designate in the agreement a single lead administrative county or lead administrative tribe. The county board of the lead administrative county or the lead administrative tribe shall appoint a coordinating committee and designate an administering agency. The initiative may be funded by the participating entities, or the county board of supervisors of the lead administrative county or the lead administrative tribe may apply for funding by the state in accordance with sub. (15).

20,844 Section 844. 46.56 (3) (bm) of the statutes is created to read:

46.56 (3) (bm) 1. The coordinating committee of a multi-entity initiative shall include representatives described under par. (a) 1. to 7. who are from any county or tribe included in the multi-entity initiative, except that, of the representatives described under par. (a) 1. to 7., the committee shall include at least one representative from each county or tribe included in the initiative.

2. For purposes of a coordinating committee appointed for a multi-entity initiative, a representative under par. (b) 1., 2., 4., 5., 6., 7., and 11. may be from any county or tribe included in the multi-entity initiative.