SB70-AA3,207,20 2051.443 Mental health consultation program. (1) In this section:
SB70-AA3,207,2321 (a) “Participating clinicians” includes physicians, nurse practitioners,
22physician assistants, and medically appropriate members of the care teams of
23physicians, nurse practitioners, and physician assistants.
SB70-AA3,208,2
1(b) “Program” means the mental health consultation program under this
2section.
SB70-AA3,208,10 3(2) During the fiscal year 2023-24, the department shall contract with the
4organization that provided consultation services through the child psychiatry
5consultation program under s. 51.442, 2021 stats., as of January 1, 2023, to
6administer the mental health consultation program described under this section. In
7subsequent fiscal years, the department shall contract with the organization that
8provided consultation services through the child psychiatry consultation program
9under s. 51.442, 2021 stats., as of January 1, 2023, or another organization to
10administer the mental health consultation program under this section.
SB70-AA3,208,16 11(3) The contracting organization under sub. (2) shall administer a mental
12health consultation program that incorporates a comprehensive set of mental health
13consultation services, which may include perinatal, child, adult, geriatric, pain,
14veteran, and general mental health consultation services, and may contract with any
15other entity to perform any operations and satisfy any requirements under this
16section for the program.
SB70-AA3,208,18 17(4) As a condition of providing services through the program, the contracting
18organization under sub. (2) shall do all of the following:
SB70-AA3,209,219 (a) Ensure that all mental health care providers who are providing services
20through the program have the applicable credential from this state; if a psychiatric
21professional, that the provider is eligible for certification or is certified by the
22American Board of Psychiatry and Neurology for adult psychiatry, child and
23adolescent psychiatry, or both; and if a psychologist, that the provider is registered
24in a professional organization, including the American Psychological Association,

1National Register of Health Service Psychologists, Association for Psychological
2Science, or the National Alliance of Professional Psychology Providers.
SB70-AA3,209,43 (b) Maintain the infrastructure necessary to provide the program's services
4statewide.
SB70-AA3,209,65 (c) Operate the program on weekdays during normal business hours of 8 a.m.
6to 5 p.m.
SB70-AA3,209,87 (d) Provide consultation services under the program as promptly as is
8practicable.
SB70-AA3,209,129 (e) Have the capability to provide consultation services by, at a minimum,
10telephone and email. Consultation through the program may be provided by
11teleconference, video conference, voice over Internet protocol, email, pager,
12in-person conference, or any other telecommunication or electronic means.
SB70-AA3,209,1313 (f) Provide all of the following services through the program:
SB70-AA3,209,1514 1. Support for participating clinicians to assist in the management of mental
15health concerns.
SB70-AA3,209,1816 2. Triage-level assessments to determine the most appropriate response to
17each request, including appropriate referrals to any community providers and
18health systems.
SB70-AA3,209,1919 3. When medically appropriate, diagnostics and therapeutic feedback.
SB70-AA3,209,2120 4. Recruitment of other clinicians into the program as participating clinicians
21when possible.
SB70-AA3,209,2222 (g) Report to the department any information requested by the department.
SB70-AA3,210,623 (h) Conduct annual surveys of participating clinicians who use the program to
24assess the quality of care provided, self-perceived levels of confidence in providing
25mental health services, and satisfaction with the consultations and other services

1provided through the program. Immediately after participating clinicians begin
2using the program and again 6 to 12 months later, the contracting organization
3under sub. (2) may conduct assessments of participating clinicians to assess the
4barriers to and benefits of participation in the program to make future improvements
5and to determine the participating clinicians' treatment abilities, confidence, and
6awareness of relevant resources before and after beginning to use the program.
SB70-AA3,210,10 7(5) Services provided under sub. (4) (b) to (h) are eligible for funding from the
8department. The contracting organization under sub. (2) also may provide any of the
9following services under the program that are eligible for funding from the
10department:
SB70-AA3,210,1311 (a) Second opinion diagnostic and medication management evaluations and
12community resource referrals conducted by either a psychiatrist or allied health
13professionals.
SB70-AA3,210,1614 (b) In-person or web-based educational seminars and refresher courses on a
15medically appropriate topic within mental or behavioral health care provided to any
16participating clinician who uses the program.
SB70-AA3,210,1717 (c) Data evaluation and assessment of the program.”.
SB70-AA3,210,18 18245. Page 374, line 11: after that line insert:
SB70-AA3,210,19 19 Section 268. 46.48 (35) of the statutes is created to read:
SB70-AA3,210,2220 46.48 (35) Psychiatric residential treatment facilities. The department may
21distribute not more than $1,790,000 in each fiscal year to support psychiatric
22residential treatment facilities.
SB70-AA3,269 23Section 269. 49.46 (2) (b) 14c. of the statutes is created to read:
SB70-AA3,211,2
149.46 (2) (b) 14c. Subject to par. (bv), services by a psychiatric residential
2treatment facility.
SB70-AA3,270 3Section 270. 49.46 (2) (bv) of the statutes is created to read:
SB70-AA3,211,114 49.46 (2) (bv) The department shall submit to the federal department of health
5and human services any request for a state plan amendment, waiver, or other federal
6approval necessary to provide reimbursement for services by a psychiatric
7residential treatment facility. If the federal department of health and human
8services approves the request or if no federal approval is necessary, the department
9shall provide reimbursement under par. (b) 14c. If the federal department of health
10and human services disapproves the request, the department may not provide
11reimbursement for services under par. (b) 14c.
SB70-AA3,271 12Section 271. 51.044 of the statutes is created to read:
SB70-AA3,211,18 1351.044 Psychiatric residential treatment facilities. (1) Definition. In
14this section, “psychiatric residential treatment facility” is a non-hospital facility
15that provides inpatient comprehensive mental health treatment services to
16individuals under the age of 21 who, due to mental illness, substance use, or severe
17emotional disturbance, need treatment that can most effectively be provided in a
18residential treatment facility.
SB70-AA3,211,22 19(2) Certification required; exemption. (a) No person may operate a
20psychiatric residential treatment facility without a certification from the
21department. The department may limit the number of certifications it grants to
22operate a psychiatric residential treatment facility.
SB70-AA3,211,2423 (b) A psychiatric residential treatment facility that has a certification from the
24department under this section is not subject to facility regulation under ch. 48.
SB70-AA3,211,25 25(3) Rules. The department may promulgate rules to implement this section.
SB70-AA3,9119
1Section 9119. Nonstatutory provisions; Health Services.
SB70-AA3,212,142 (1) Emergency rules on psychiatric residential treatment facilities. The
3department of health services may promulgate emergency rules under s. 227.24
4implementing certification of psychiatric residential treatment facilities under s.
551.044, including development of a new provider type and a reimbursement model
6for psychiatric residential treatment facilities under the Medical Assistance
7program under subch. IV of ch. 49. Notwithstanding s. 227.24 (1) (a) and (3), the
8department of health services is not required to provide evidence that promulgating
9a rule under this subsection as an emergency rule is necessary for the preservation
10of the public peace, health, safety, or welfare and is not required to provide a finding
11of emergency for a rule promulgated under this subsection. Notwithstanding s.
12227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in
13effect until July 1, 2025, or the date on which permanent rules take effect, whichever
14is sooner.”.
SB70-AA3,212,15 15246. Page 374, line 11: after that line insert:
SB70-AA3,212,16 16 Section 272. 46.48 (22) of the statutes is created to read:
SB70-AA3,212,2017 46.48 (22) Health care provider innovation grants. The department may
18distribute not more than $14,550,000 in each fiscal year as grants to health care
19providers and long-term care providers to implement best practices and innovative
20solutions to increase worker recruitment and retention.”.
SB70-AA3,212,21 21247. Page 374, line 11: after that line insert:
SB70-AA3,212,22 22 Section 9119. Nonstatutory provisions; Health Services.
SB70-AA3,212,2323 (4u) Complex patient pilot program.
SB70-AA3,212,2424 (a) In this subsection, “department” means the department of health services.
SB70-AA3,213,5
1(b) The department shall form an advisory group to assist with development
2and implementation of a complex patient pilot program. The secretary of health
3services, or his or her designee, shall be the chair of the advisory group. Members
4of the advisory group under this paragraph shall have clinical, financial, or
5administrative expertise in government programs, acute care, or post-acute care.
SB70-AA3,213,86 (c) The department shall use its request-for-proposal procedure to select
7partnership groups to be designated as participating sites for the complex patient
8pilot program under this subsection.
SB70-AA3,213,149 (d) The advisory group formed under this subsection shall develop a request
10for proposal for the complex patient pilot program that includes eligibility
11requirements. For purposes of the pilot program under this subsection, only
12partnerships of hospitals and post-acute facilities are eligible to submit proposals.
13An eligible partnership shall include at least one hospital and at least one post-acute
14facility, but may include more than one hospital or post-acute facility.
SB70-AA3,213,1715 (e) Each partnership group that applies to the department to be designated as
16a site for the complex patient pilot program shall specifically address all of the
17following issues:
SB70-AA3,213,1818 1. The number of beds that would be set aside in the post-acute facility.
SB70-AA3,213,2019 2. The goals of the partnership during the pilot program and after the pilot
20program.
SB70-AA3,213,2121 3. The types of complex patients for whom care would be provided.
SB70-AA3,213,2322 4. Expertise to successfully implement the proposal, including a discussion of
23at least all of the following issues:
SB70-AA3,213,2424 a. Experience of the partners working together.
SB70-AA3,213,2525 b. Plan for staffing the unit.
SB70-AA3,214,1
1c. Ability to electronically exchange health information.
SB70-AA3,214,22 d. Clinical expertise.
SB70-AA3,214,33 e. Hospital and post-acute facility survey history over the past 3 years.
SB70-AA3,214,44 f. Acute care partner readmissions history over the past 3 years.
SB70-AA3,214,55 g. Discharge planning and patient intake resources.
SB70-AA3,214,106 h. Stability of finances to support the proposal, including matching funds that
7could be dedicated to the pilot program under this subsection. No applicant is
8required to provide matching funds or a contribution, but the advisory group and the
9department of health services may take into consideration the availability of
10matching funds or a contribution in evaluating an application.
SB70-AA3,214,1211 5. The per diem rate requested to adequately compensate the hospital or
12hospitals and the post-acute facility or facilities.
SB70-AA3,214,1313 6. A post-acute bed reserve rate.
SB70-AA3,214,1514 7. Anticipated impediments to successful implementation and how the
15applicant partnership group intends to overcome the anticipated impediments.
SB70-AA3,214,1616 (f) The advisory group formed under this subsection shall do all of the following:
SB70-AA3,214,2017 1. Determine and recommend to the department an amount of the funding
18budgeted for the complex patient pilot program under s. 20.435 (7) (d) to be reserved
19for reconciliation to ensure that participants in the pilot program are held harmless
20from unanticipated financial loss.
SB70-AA3,215,221 2. Develop a methodology to evaluate the complex patient pilot program,
22including a recommendation on whether the department should contract with an
23independent organization to evaluate the complex patient pilot program. The
24department may contract with an independent organization to complete the
25evaluation described under this subdivision and, if the department does so, the

1department may pay the fee of the organization selected from the appropriation
2under s. 20.435 (7) (d).
SB70-AA3,215,53 3. Make recommendations to the secretary of health services regarding which
4partnership groups should receive designation as a participating site for the complex
5patient pilot program.
SB70-AA3,215,96 (g) 1. No later than 90 days after the effective date of this subdivision, the
7advisory group shall complete development of the request for proposal for
8partnership groups to be designated as participating sites in the complex patient
9pilot program and provide its recommendations to the secretary of health services.
SB70-AA3,215,1410 2. No later than 150 days after the effective date of this subdivision, the
11advisory group shall review all applications submitted in response to the request for
12proposal and select up to 4 partnership groups to recommend to the secretary of
13health services for designation as participating sites for the complex patient pilot
14program under this subsection.
SB70-AA3,215,2315 3. Between 6 months and 18 months after the effective date of this subdivision,
16the partnership groups designated by the department as participating sites in the
17complex patient pilot program shall implement the pilot program and meet quarterly
18with both the department and the advisory group or any independent organization
19hired by the department for the purpose of evaluating the pilot program to discuss
20experiences relating to the pilot program. From the appropriation under s. 20.435
21(7) (d), the department shall provide payments to partnership groups designated as
22participating sites for care provided during the course of the pilot program under this
23subsection.
SB70-AA3,216,324 4. No later than June 30, 2025, the advisory group or any independent
25organization hired by the department for the purpose of evaluating the complex

1patient pilot program shall complete and submit to the secretary of health services
2an evaluation of the complex patient pilot program under this subsection, including
3a written report and recommendations.
SB70-AA3,9419 4Section 9419. Effective dates; Health Services.
SB70-AA3,216,65 (1u) Complex patient pilot program. The repeal of s. 20.435 (7) (d) takes effect
6on July 1, 2025.”.
SB70-AA3,216,7 7248. Page 374, line 11: after that line insert:
SB70-AA3,216,8 8 Section 273. 20.455 (1) (hn) of the statutes is created to read:
SB70-AA3,216,109 20.455 (1) (hn) Payments to relators. All moneys received by the department
10that are owed to a relator, to provide payments owed to a relator.
SB70-AA3,274 11Section 274. 20.9315 of the statutes is created to read:
SB70-AA3,216,12 1220.9315 False claims; actions by or on behalf of state. (1) In this section:
SB70-AA3,216,1513 (a) 1. “Claim” means any request or demand, whether under a contract or
14otherwise, for money or property, whether the state has title to the money or property,
15that is any of the following:
SB70-AA3,216,1616 a. Presented to an officer, employee, agent, or other representative of the state.
SB70-AA3,216,2117 b. Made to a contractor, grantee, or other person if the money or property is to
18be spent or used on the state's behalf or to advance a state program or interest and
19if the state provides any portion of the money or property that is requested or
20demanded or will reimburse directly or indirectly the contractor, grantee, or other
21person for any portion of the money or property that is requested or demanded.
SB70-AA3,216,2322 2. “Claim” includes a request or demand for services from a state agency or as
23part of a state program.
SB70-AA3,217,3
13. “Claim” does not include requests or demands for money or property that the
2state has paid to an individual as compensation for state employment or as an income
3subsidy with no restriction on that individual's use of the money or property.
SB70-AA3,217,74 (b) “Knowingly" means, with respect to information, having actual knowledge
5of the information, acting in deliberate ignorance of the truth or falsity of the
6information, or acting in reckless disregard of the truth or falsity of the information.
7“Knowingly" does not mean specifically intending to defraud.
SB70-AA3,217,98 (c) “Material” means having a natural tendency to influence, or be capable of
9influencing, the payment or receipt of money or property or the receipt of services.
SB70-AA3,217,1010 (d) “Medical assistance" has the meaning given under s. 49.43 (8).
SB70-AA3,217,1111 (e) “Obligation” has the meaning given in 31 USC 3729 (b) (3).
SB70-AA3,217,1212 (f) “Original source” has the meaning given in 31 USC 3730 (e) (4) (B).
SB70-AA3,217,1513 (g) “Proceeds" includes damages, civil penalties, surcharges, payments for
14costs of compliance, and any other economic benefit realized by this state as a result
15of an action or settlement of a claim.
SB70-AA3,217,20 16(2) Except as provided in sub. (3), any person who does any of the following is
17liable to this state for 3 times the amount of the damages that were sustained by the
18state or would have been sustained by the state,whichever is greater, because of the
19actions of the person and shall forfeit, for each violation, an amount within the range
20specified under 31 USC 3729 (a):
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