AB133-SSA1,745,148 50.035 (4m) Provision of information required. Subject to sub. (4p), a
9community-based residential facility shall, within the time period after inquiry by
10a prospective resident that is prescribed by the department by rule, inform the
11prospective resident of the services of a resource center under s. 46.283, the family
12care benefit under s. 46.286 and the availability of a functional and financial screen
13to determine the prospective resident's eligibility for the family care benefit under
14s. 46.286 (1).
AB133-SSA1, s. 1504 15Section 1504. 50.035 (4n) of the statutes is created to read:
AB133-SSA1,745,2016 50.035 (4n) Required referral. Subject to sub. (4p), a community-based
17residential facility shall, within the time period prescribed by the department by
18rule, refer to a resource center under s. 46.283 a person who is seeking admission,
19who is at least 65 years of age or has a physical disability and whose disability or
20condition is expected to last at least 90 days, unless any of the following applies:
AB133-SSA1,745,2221 (a) The person has received a screen for functional eligibility under s. 46.286
22(1) (a) within the previous 6 months.
AB133-SSA1,745,2423 (b) The person is entering the community-based residential facility only for
24respite care.
AB133-SSA1,745,2525 (c) The person is an enrollee of a care management organization.
AB133-SSA1, s. 1505
1Section 1505. 50.035 (4p) of the statutes is created to read:
AB133-SSA1,746,62 50.035 (4p) Applicability. Subsections (4m) and (4n) apply only if the secretary
3has certified under s. 46.281 (3) that a resource center is available for the
4community-based residential facility and for specified groups of eligible individuals
5that include those persons seeking admission to or the residents of the
6community-based residential facility.
AB133-SSA1, s. 1506 7Section 1506. 50.035 (7) (c) of the statutes is amended to read:
AB133-SSA1,746,128 50.035 (7) (c) If the date estimated under par. (a) 2. is less than 24 months after
9the date of the individual's statement of financial condition, the community-based
10residential facility shall provide the statement to the county department under s.
1146.215 or 46.22 and shall refer the potential resident to the county department to
12determine whether an assessment under s. 46.27 (6) should be conducted
.
AB133-SSA1, s. 1507 13Section 1507. 50.035 (8) of the statutes is repealed.
AB133-SSA1, s. 1508 14Section 1508. 50.035 (11) of the statutes is created to read:
AB133-SSA1,746,1715 50.035 (11) Forfeitures. (a) Whoever violates sub. (4m) or (4n) or rules
16promulgated under sub. (4m) or (4n) may be required to forfeit not more than $500
17for each violation.
AB133-SSA1,746,2318 (b) The department may directly assess forfeitures provided for under par. (a).
19If the department determines that a forfeiture should be assessed for a particular
20violation, it shall send a notice of assessment to the community-based residential
21facility. The notice shall specify the amount of the forfeiture assessed, the violation
22and the statute or rule alleged to have been violated, and shall inform the licensee
23of the right to a hearing under par. (c).
AB133-SSA1,747,1024 (c) A community-based residential facility may contest an assessment of a
25forfeiture by sending, within 10 days after receipt of notice under par. (b), a written

1request for a hearing under s. 227.44 to the division of hearings and appeals created
2under s. 15.103 (1). The administrator of the division may designate a hearing
3examiner to preside over the case and recommend a decision to the administrator
4under s. 227.46. The decision of the administrator of the division shall be the final
5administrative decision. The division shall commence the hearing within 30 days
6after receipt of the request for a hearing and shall issue a final decision within 15
7days after the close of the hearing. Proceedings before the division are governed by
8ch. 227. In any petition for judicial review of a decision by the division, the party,
9other than the petitioner, who was in the proceeding before the division shall be the
10named respondent.
AB133-SSA1,747,1511 (d) All forfeitures shall be paid to the department within 10 days after receipt
12of notice of assessment or, if the forfeiture is contested under par. (c), within 10 days
13after receipt of the final decision after exhaustion of administrative review, unless
14the final decision is appealed and the order is stayed by court order. The department
15shall remit all forfeitures paid to the state treasurer for deposit in the school fund.
AB133-SSA1,747,1916 (e) The attorney general may bring an action in the name of the state to collect
17any forfeiture imposed under this section if the forfeiture has not been paid following
18the exhaustion of all administrative and judicial reviews. The only issue to be
19contested in any such action shall be whether the forfeiture has been paid.
AB133-SSA1, s. 1509 20Section 1509. 50.037 (2) (a) of the statutes is amended to read:
AB133-SSA1,747,2321 50.037 (2) (a) The biennial fee for a community-based residential facility is
22$170 $306, plus a biennial fee of $22 $39.60 per resident, based on the number of
23residents that the facility is licensed to serve.
AB133-SSA1, s. 1510 24Section 1510. 50.04 (2g) of the statutes is created to read:
AB133-SSA1,748,6
150.04 (2g) Provision of information required. (a) Subject to sub. (2i), a
2nursing home shall, within the time period after inquiry by a prospective resident
3that is prescribed by the department by rule, inform the prospective resident of the
4services of a resource center under s. 46.283, the family care benefit under s. 46.286
5and the availability of a functional and financial screen to determine the prospective
6resident's eligibility for the family care benefit under s. 46.286 (1).
AB133-SSA1,748,87 (b) Failure to comply with this subsection is a class "C" violation under sub. (4)
8(b) 3.
AB133-SSA1, s. 1511 9Section 1511. 50.04 (2h) of the statutes is created to read:
AB133-SSA1,748,1410 50.04 (2h) Required referral. (a) Subject to sub. (2i), a nursing home shall,
11within the time period prescribed by the department by rule, refer to a resource
12center under s. 46.283 a person who is seeking admission, who is at least 65 years
13of age or has developmental disability or physical disability and whose disability or
14condition is expected to last at least 90 days, unless any of the following applies:
AB133-SSA1,748,1615 1. The person has received a screen for functional eligibility under s. 46.286 (1)
16(a) within the previous 6 months.
AB133-SSA1,748,1717 2. The person is seeking admission to the nursing home only for respite care.
AB133-SSA1,748,1818 3. The person is an enrollee of a care management organization.
AB133-SSA1,748,2019 (b) Failure to comply with this subsection is a class "C" violation under sub. (4)
20(b) 3.
AB133-SSA1, s. 1512 21Section 1512. 50.04 (2i) of the statutes is created to read:
AB133-SSA1,748,2522 50.04 (2i) Applicability. Subsections (2g) and (2h) apply only if the secretary
23has certified under s. 46.281 (3) that a resource center is available for the nursing
24home and for specified groups of eligible individuals that include those persons
25seeking admission to or the residents of the nursing home.
AB133-SSA1, s. 1513
1Section 1513. 50.04 (2m) of the statutes is renumbered 50.04 (2m) (a) and
2amended to read:
AB133-SSA1,749,73 50.04 (2m) (a) No Except as provided in par. (b), no nursing home may admit
4any patient until a physician has completed a plan of care for the patient and the
5patient is assessed or the patient is exempt from or waives assessment under s. 46.27
6(6) (a) or 46.271 (2m) (a) 2. Failure to comply with this subsection is a class "C"
7violation under sub. (4) (b) 3.
AB133-SSA1, s. 1514 8Section 1514. 50.04 (2m) (b) of the statutes is created to read:
AB133-SSA1,749,109 50.04 (2m) (b) Paragraph (a) does not apply to those residents for whom the
10secretary has certified under s. 46.281 (3) that a resource center is available.
AB133-SSA1, s. 1515 11Section 1515. 50.06 (7) of the statutes is amended to read:
AB133-SSA1,749,1712 50.06 (7) An individual who consents to an admission under this section may
13request that an assessment be conducted for the incapacitated individual under the
14long-term support community options program under s. 46.27 (6) or, if the secretary
15has certified under s. 46.281 (3) that a resource center is available for the individual,
16a functional and financial screen to determine eligibility for the family care benefit
17under s. 46.286 (1)
.
AB133-SSA1, s. 1522 18Section 1522. 50.065 (8) of the statutes is amended to read:
AB133-SSA1,749,2419 50.065 (8) The department may charge a fee for obtaining the information
20required under sub. (2) (am) or (3) (a) or for providing information to an entity to
21enable the entity to comply with sub. (2) (b) 1. or (3) (b)
. The fee may not exceed the
22reasonable cost of obtaining the information. No fee may be charged to a nurse's
23assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining the information
24if to do so would be inconsistent with federal law.
AB133-SSA1, s. 1524 25Section 1524. 50.135 (2) (c) of the statutes is amended to read:
AB133-SSA1,750,3
150.135 (2) (c) The fees collected under par. (a) shall be credited to the
2appropriations under s. 20.435 (1) (4) (gm) and (6) (jm) as specified in those
3appropriations for licensing, review and certifying activities.
AB133-SSA1, s. 1525 4Section 1525. 50.36 (2) (c) of the statutes is created to read:
AB133-SSA1,750,125 50.36 (2) (c) The department shall promulgate rules that require that a
6hospital, before discharging a patient who is aged 65 or older or who has
7developmental disability or physical disability and whose disability or condition
8requires long-term care that is expected to last at least 90 days, refer the patient to
9the resource center under s. 46.283. The rules shall specify that this requirement
10applies only if the secretary has certified under s. 46.281 (3) that a resource center
11is available for the hospital and for specified groups of eligible individuals that
12include persons seeking admission to or patients of the hospital.
AB133-SSA1, s. 1526 13Section 1526. 50.38 of the statutes is created to read:
AB133-SSA1,750,15 1450.38 Forfeitures. (1) Whoever violates rules promulgated under s. 50.36 (2)
15(c) may be required to forfeit not more than $500 for each violation.
AB133-SSA1,750,21 16(2) The department may directly assess forfeitures provided for under sub. (1).
17If the department determines that a forfeiture should be assessed for a particular
18violation, the department shall send a notice of assessment to the hospital. The
19notice shall specify the amount of the forfeiture assessed, the violation and the
20statute or rule alleged to have been violated, and shall inform the hospital of the right
21to a hearing under sub. (3).
AB133-SSA1,751,7 22(3) A hospital may contest an assessment of a forfeiture by sending, within 10
23days after receipt of notice under sub. (2), a written request for a hearing under s.
24227.44 to the division of hearings and appeals created under s. 15.103 (1). The
25administrator of the division may designate a hearing examiner to preside over the

1case and recommend a decision to the administrator under s. 227.46. The decision
2of the administrator of the division shall be the final administrative decision. The
3division shall commence the hearing within 30 days after receipt of the request for
4a hearing and shall issue a final decision within 15 days after the close of the hearing.
5Proceedings before the division are governed by ch. 227. In any petition for judicial
6review of a decision by the division, the party, other than the petitioner, who was in
7the proceeding before the division shall be the named respondent.
AB133-SSA1,751,12 8(4) All forfeitures shall be paid to the department within 10 days after receipt
9of notice of assessment or, if the forfeiture is contested under sub. (3), within 10 days
10after receipt of the final decision after exhaustion of administrative review, unless
11the final decision is appealed and the order is stayed by court order. The department
12shall remit all forfeitures paid to the state treasurer for deposit in the school fund.
AB133-SSA1,751,16 13(5) The attorney general may bring an action in the name of the state to collect
14any forfeiture imposed under this section if the forfeiture has not been paid following
15the exhaustion of all administrative and judicial reviews. The only issue to be
16contested in any such action shall be whether the forfeiture has been paid.
AB133-SSA1, s. 1529 17Section 1529. 50.49 (2) (b) of the statutes is amended to read:
AB133-SSA1,751,2018 50.49 (2) (b) The department shall, by rule, set a license fee to be paid by home
19health agencies. The fee shall be based on the annual net income, as determined by
20the department, of a home health agency.
AB133-SSA1, s. 1530 21Section 1530. 50.49 (4) of the statutes is amended to read:
AB133-SSA1,752,322 50.49 (4) Licensing, inspection and regulation. The Except as provided in sub.
23(6m), the
department may register, license, inspect and regulate home health
24agencies as provided in this section. The department shall ensure, in its inspections
25of home health agencies, that a sampling of records from private pay patients are

1reviewed. The department shall select the patients who shall receive home visits as
2a part of the inspection. Results of the inspections shall be made available to the
3public at each of the regional offices of the department.
AB133-SSA1, s. 1531 4Section 1531. 50.49 (6m) of the statutes is created to read:
AB133-SSA1,752,75 50.49 (6m) Exceptions. None of the following is required to be licensed as a
6home health agency under sub. (4), regardless of whether any of the following
7provides services that are similar to services provided by a home health agency:
AB133-SSA1,752,88 (a) A care management organization, as defined in s. 46.2805 (1).
AB133-SSA1,752,99 (b) A program specified in s. 46.2805 (1) (a).
AB133-SSA1,752,1010 (c) A demonstration program specified in s. 46.2805 (1) (b).
AB133-SSA1, s. 1535 11Section 1535. 51.03 (1) of the statutes is renumbered 51.03 (1r).
AB133-SSA1, s. 1536 12Section 1536. 51.03 (1g) of the statutes is created to read:
AB133-SSA1,752,1313 51.03 (1g) In this section:
AB133-SSA1,752,1714 (a) "Early intervention" means action to hinder or alter a person's mental
15disorder or abuse of alcohol or other drugs in order to reduce the duration of early
16symptoms or to reduce the duration or severity of mental illness or alcohol or other
17drug abuse that may result.
AB133-SSA1,752,2518 (b) "Individualized service planning" means a process under which a person
19with mental illness or who abuses alcohol or other drugs and, if a child, his or her
20family, receives information, education and skills to enable the person to participate
21mutually and creatively with his or her mental health or alcohol or other drug abuse
22service provider in identifying his or her personal goals and developing his or her
23assessment, crisis protocol, treatment and treatment plan. "Individualized service
24planning" is tailored to the person and is based on his or her strengths, abilities and
25needs.
AB133-SSA1,753,4
1(c) "Prevention" means action to reduce the instance, delay the onset or lessen
2the severity of mental disorder, before the disorders may progress to mental illness,
3by reducing risk factors for, enhancing protections against and promptly treating
4early warning signs of mental disorder.
AB133-SSA1,753,95 (d) "Recovery" means the process of a person's growth and improvement,
6despite a history of mental illness or alcohol or other drug abuse, in attitudes,
7feelings, values, goals, skills and behavior and is measured by a decrease in
8dysfunctional symptoms and an increase in maintaining the person's highest level
9of health, wellness, stability, self-determination and self-sufficiency.
AB133-SSA1,753,1310 (e) "Stigma" means disqualification from social acceptance, derogation,
11marginalization and ostracism encountered by persons with mental illness or
12persons who abuse alcohol or other drugs as the result of societal negative attitudes,
13feelings, perceptions, representations and acts of discrimination.
AB133-SSA1, s. 1537 14Section 1537. 51.03 (4) of the statutes is created to read:
AB133-SSA1,753,1615 51.03 (4) Within the limits of available state and federal funds, the department
16may do all of the following:
AB133-SSA1,753,2317 (a) Promote the creation of coalitions among the state, counties, providers of
18mental health and alcohol and other drug abuse services, consumers of the services
19and their families and advocates for persons with mental illness and for alcoholic and
20drug dependent persons to develop, coordinate and provide a full range of resources
21to advance prevention; early intervention; treatment; recovery; safe and affordable
22housing; opportunities for education, employment and recreation; family and peer
23support; self-help; and the safety and well-being of communities.
AB133-SSA1,754,424 (b) In cooperation with counties, providers of mental health and alcohol and
25other drug abuse services, consumers of the services, interested community

1members and advocates for persons with mental illness and for alcoholic and drug
2dependent persons, develop and implement a comprehensive strategy to reduce
3stigma of and discrimination against persons with mental illness, alcoholics and
4drug dependent persons.
AB133-SSA1,754,95 (c) Develop and implement a comprehensive strategy to involve counties,
6providers of mental health and alcohol and other drug abuse services, consumers of
7the services and their families, interested community members and advocates for
8persons with mental illness and for alcoholic and drug dependent persons as equal
9participants in service system planning and delivery.
AB133-SSA1,754,1110 (d) Promote responsible stewardship of human and fiscal resources in the
11provision of mental health and alcohol and other drug abuse services.
AB133-SSA1,754,1312 (e) Develop and implement methods to identify and measure outcomes for
13consumers of mental health and alcohol and other drug abuse services.
AB133-SSA1,754,1614 (f) Promote access to appropriate mental health and alcohol and other drug
15abuse services regardless of a person's geographic location, age, degree of mental
16illness, alcoholism or drug dependency or availability of personal financial resources.
AB133-SSA1,754,1817 (g) Promote consumer decision making to enable persons with mental illness
18and alcohol or drug dependency to be more self-sufficient.
AB133-SSA1,754,2319 (h) Promote use by providers of mental health and alcohol and other drug abuse
20services of individualized service planning, under which the providers develop
21written individualized service plans that promote treatment and recovery, together
22with service consumers, families of service consumers who are children and
23advocates chosen by consumers.
AB133-SSA1, s. 1538 24Section 1538. 51.03 (5) of the statutes is created to read:
AB133-SSA1,755,3
151.03 (5) The department shall ensure that providers of mental health and
2alcohol and other drug abuse services who use individualized service plans, as
3specified in sub. (4) (h), do all of the following in using a plan:
AB133-SSA1,755,44 (a) Establish meaningful and measurable goals for the consumer.
AB133-SSA1,755,65 (b) Base the plan on a comprehensive assessment of the consumer's strengths,
6abilities, needs and preferences.
AB133-SSA1,755,77 (c) Keep the plan current.
AB133-SSA1,755,88 (d) Modify the plan as necessary.
AB133-SSA1, s. 1540 9Section 1540. 51.06 (1) (d) of the statutes is amended to read:
AB133-SSA1,755,1410 51.06 (1) (d) At the southern center for developmentally disabled, services
11Services for up to 10 36 individuals with developmental disability who are also
12diagnosed as mentally ill or who exhibit extremely aggressive and challenging
13behaviors and at the northern center for developmentally disabled, services for up
14to 12 such individuals
.
AB133-SSA1, s. 1541 15Section 1541. 51.07 (3) of the statutes is amended to read:
AB133-SSA1,755,2516 51.07 (3) The department may provide outpatient services only to patients
17contracted for with county departments under ss. 51.42 and 51.437 in accordance
18with s. 46.03 (18), except for those patients whom the department finds to be
19nonresidents of this state and those patients specified in sub. (4) (a) persons receiving
20services under contracts under s. 46.043
. The full and actual cost less applicable
21collections of services contracted for with county departments under s. 51.42 or
2251.437 shall be charged to the respective county department under s. 51.42 or 51.437.
23The state shall provide the services required for patient care only if no outpatient
24services are funded by the department in the county or group of counties served by
25the respective county department under s. 51.42 or 51.437.
AB133-SSA1, s. 1542
1Section 1542. 51.07 (4) of the statutes is repealed.
AB133-SSA1, s. 1562 2Section 1562. 51.42 (3) (ar) 17. of the statutes is created to read:
AB133-SSA1,756,63 51.42 (3) (ar) 17. If authorized under s. 46.283 (1) (a) 1., apply to the department
4of health and family services to operate a resource center under s. 46.283 and, if the
5department contracts with the county under s. 46.283 (2), operate the resource
6center.
AB133-SSA1, s. 1563 7Section 1563. 51.42 (3) (ar) 18. of the statutes is created to read:
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