SECTION 3. 51.35 (1) (c) of the statutes is amended to read:
51.35 (1) (c) The department may, without approval of and without first notifying 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.
SECTION 4. 51.35 (1) (d) of the statutes is amended to read:
51.35 (1) (d) 1. The Subject to subds. 2. and 3., 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.
3. A transfer of a patient, made under authority of this subsection paragraph, may be made only after the department has notified the county department under s. 51.42 or 51.437 of its intent to transfer a 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.
(End)
LRB-0200LRB-0200/1
DAK:cjs:rs
2003 - 2004 LEGISLATURE
DOA:......Blaine - BB0039, Hospital diversion program for severely emotionally disabled children
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: the use of hospital diversion funds for severely emotionally disturbed children.
Analysis by the Legislative Reference Bureau
health and human services
Mental illness and developmental disabilities
Currently, DHFS may distribute to applying counties not more than $1,330,500 in each fiscal year for inpatient and community mental health care and treatment for children with severe emotional disturbances. These moneys are available as cost savings achieved by reducing the need to hospitalize children for their mental health needs and are a combination of state general purpose revenues that are transferred from the Medical Assistance program (MA) and federal funds. Funds that a county does not encumber before 24 months after June 30 of the fiscal year in which DHFS distributes them lapse to the MA appropriation account. The amount that DHFS distributes to an individual county is limited to the estimated state share of MA payments for inpatient mental health care and treatment for children with severe emotional disturbances in that county. A county applying for the funds must meet several requirements, including planning to enroll children served under the program in a limited service health organization that covers both inpatient and outpatient expenses.
This bill permits a county that is applying for inpatient and community mental health care and treatment funding for children with severe emotional disturbances to use service coordination provided by the county to meet an application requirement for the funds. ("Service coordination" is a case management service that coordinates multiple service providers who are serving a particular child with severe disabilities and the child's family.) The bill removes the limitation on the amount of funds that DHFS may distribute to an individual county. Lastly, the bill changes requirements for lapsing unencumbered funds to require that funds that are transferred from the MA appropriation account and not distributed by DHFS to counties lapse after 24 months after June 30 of the fiscal year in which DHFS allocated the funds. Counties may at any time expend funds that are transferred to them.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 46.485 (2g) (b) (intro.) of the statutes is created to read:
46.485 (2g) (b) (intro.) Any of the following applies to the county:
SECTION 2. 46.485 (2g) (b) of the statutes is renumbered 46.485 (2g) (b) 1.
SECTION 3. 46.485 (2g) (b) 2. of the statutes is created to read:
46.485 (2g) (b) 2. The county provides service coordination, as defined in s. 46.56 (1) (L), on behalf of a child with a serious emotional disturbance and the child's family in the county.
SECTION 4. 46.485 (3g) of the statutes is amended to read:
46.485 (3g) The amount that the department may transfer under sub. (2g) for a county counties may not exceed the estimated state share of payments under s. 49.45, 49.46 or 49.47 for mental health care and treatment that is provided in inpatient facilities for children with a severe emotional disturbance who reside in the county severe emotional disturbances.
SECTION 5. 46.485 (3r) of the statutes is amended to read:
46.485 (3r) Funds that a county does not encumber from the appropriation under s. 20.435 (7) (kb) that the department does not distribute to a county before 24 months after June 30 of the fiscal year in which the department allocated the funds were distributed to the county under sub. (2g) lapse to the appropriation under s. 20.435 (4) (b). A county may at any time expend funds that the department distributes to the county, consistent with the requirements under sub. (3m).
(End)
LRB-0201LRB-0201/3
DAK:kjf&jld:jf
2003 - 2004 LEGISLATURE
DOA:.....Jablonsky - BB0040 Mental health and AODA redesign funding
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: funding for mental health and alcohol or other drug abuse managed care demonstration projects and making an appropriation.
Analysis by the Legislative Reference Bureau
health and human services
Mental illness and developmental disabilities
This bill provides, from program revenues received by DHFS from certification fees that are assessed to facilities for the treatment of mental illness and alcohol and other drug abuse, funding in fiscal years 2003-04 and 2004-05 for mental health and alcohol or other drug abuse managed care demonstration projects in up to six counties.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (6) (jm) of the statutes is amended to read:
20.435 (6) (jm) Licensing and support services. The amounts in the schedule for the purposes specified in ss. 48.685 (2) (am) and (b) 1., (3) (a) and (b) and (5) (a), 49.45 (47), 50.02 (2), 50.025, 50.065 (2) (am) and (b) 1., (3) (a) and (b) and (5), 50.13, 50.135, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57 and 50.981 and subch. IV of ch. 50 and to conduct health facilities plan and rule development activities, for accrediting nursing homes, convalescent homes and homes for the aged, to conduct capital construction and remodeling plan reviews under ss. 50.02 (2) (b) and 50.36 (2), for the demonstration projects under 2003 Wisconsin Act .... (this act), section 9124 (1) (a), and for the costs of inspecting, licensing or certifying and approving facilities, issuing permits and providing technical assistance that are not specified under any other paragraph in this subsection. All moneys received under ss. 48.685 (8), 49.45 (47) (c), 50.02 (2), 50.025, 50.065 (8), 50.13, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.93 (1) (c) and 50.981, all moneys received from fees for the costs of inspecting, licensing or certifying and approving facilities, issuing permits and providing technical assistance that are not specified under any other paragraph in this subsection, and all moneys received under s. 50.135 (2), less the amounts credited to the appropriation account under sub. (4) (gm), and all moneys received from forfeiture surcharges under 50.04 (5) (bm) shall be credited to this appropriation account.
****NOTE: This is reconciled s. 20.435 (6) (jm). This SECTION has been affected by drafts with the following LRB numbers: LRB-0201/2 and LRB-0203/2.
SECTION 2. 20.435 (6) (jm) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:
20.435 (6) (jm) Licensing and support services. The amounts in the schedule for the purposes specified in ss. 48.685 (2) (am) and (b) 1., (3) (a) and (b) and (5) (a), 49.45 (47), 50.02 (2), 50.025, 50.065 (2) (am) and (b) 1., (3) (a) and (b) and (5), 50.13, 50.135, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57 and 50.981 and subch. IV of ch. 50 and to conduct health facilities plan and rule development activities, for accrediting nursing homes, convalescent homes and homes for the aged, to conduct capital construction and remodeling plan reviews under ss. 50.02 (2) (b) and 50.36 (2), for the demonstration projects under 2003 Wisconsin Act .... (this act), section 9124 (1) (a), and for the costs of inspecting, licensing or certifying and approving facilities, issuing permits and providing technical assistance that are not specified under any other paragraph in this subsection. All moneys received under ss. 48.685 (8), 49.45 (47) (c), 50.02 (2), 50.025, 50.065 (8), 50.13, 50.36 (2), 50.49 (2) (b), 50.495, 50.52 (2) (a), 50.57, 50.93 (1) (c) and 50.981, all moneys received from fees for the costs of inspecting, licensing or certifying and approving facilities, issuing permits and providing technical assistance that are not specified under any other paragraph in this subsection, and all moneys received under s. 50.135 (2), less the amounts credited to the appropriation account under sub. (4) (gm), and all moneys received from forfeiture surcharges under 50.04 (5) (bm) shall be credited to this appropriation account.
****NOTE: This is reconciled s. 20.435 (6) (jm). This SECTION has been affected by drafts with the following LRB numbers: LRB-0201/2 and LRB-0203/2.
SECTION 9124. Nonstatutory provisions; health and family services.
(1) MENTAL HEALTH AND ALCOHOL OR OTHER DRUG ABUSE MANAGED CARE DEMONSTRATION PROJECTS.
(a) From the appropriation under section 20.435 (6) (jm) of the statutes, as affected by this act, the department of health and family services shall expend $362,100 in state fiscal year 2003-04 and $224,600 in state fiscal year 2004-05 to contract with counties to provide up to 6 demonstration projects. The demonstration projects shall be to provide mental health and alcohol or other drug abuse services under managed care programs to persons who suffer from mental illness, alcohol or other drug dependency, or both mental illness and alcohol or other drug dependency.
(b) The department of health and family services shall submit for approval by the secretary of the federal department of health and human services any requests for waiver of federal medical assistance laws that are necessary to secure federal financial participation for the managed care demonstration projects under this subsection. Regardless of whether a waiver is approved, the department of health and family services may contract for the provision of the managed care demonstration projects under this subsection.
SECTION 9424. Effective dates; health and family services.
(1) MENTAL HEALTH AND ALCOHOL OR OTHER DRUG ABUSE MANAGED CARE DEMONSTRATION PROJECTS. The treatment of section 20.435 (6) (jm) (by SECTION 2) of the statutes takes effect on July 1, 2005.
(End)
LRB-0202LRB-0202/P1
DAK:kmg:pg
2003 - 2004 LEGISLATURE
DOA:......Blaine - BB0041 Hearing-impaired interpret services funding change
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: funding for interpreter services for hearing-impaired persons.
Analysis by the Legislative Reference Bureau
health and human services
Other health and human services
Under current law, interpreter services for hearing-impaired persons are funded from state general purpose revenue and from program revenue that is obtained from fees charged for provision of the services.
This bill clarifies that the general purpose revenue that funds interpreter services for hearing-impaired persons is expended for aids and local assistance, rather than for state operations.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (7) (d) of the statutes is amended to read:
20.435 (7) (d) Telecommunication Interpreter services and telecommunication aid for the hearing impaired. The amounts in the schedule for the purpose of providing to provide interpreter services for hearing-impaired persons under s. 46.295 (1) and assistance under the telecommunication assistance program for the hearing impaired under s. 46.297.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 46.295 (1) of the statutes is amended to read:
46.295 (1) The department may, on the request of any hearing-impaired person, city, village, town, or county or private agency, provide funds from the appropriation under s. 20.435 (6) (a) and (hs) and (7) (d) to reimburse interpreters for hearing-impaired persons for the provision of interpreter services.
(End)
LRB-0203LRB-0203/3
DAK:jld:jf
2003 - 2004 LEGISLATURE
DOA:......Jablonsky - BB0042 Surcharge on forfeitures for nursing homes and c-brfs
For 2003-05 Budget -- Not Ready For Introduction
2003 BILL
AN ACT ...; relating to: increasing the forfeiture amount for community-based residential facility violations, imposing forfeiture surcharges for nursing home violations, and making an appropriation.
Analysis by the Legislative Reference Bureau
health and human services
Health
Under current law, DHFS inspects, licenses, and otherwise regulates nursing homes and community-based residential facilities. Revenues from licensing fees for these health care facilities are, in part, used for the costs of the inspections and licensing. DHFS imposes and directly assesses forfeitures on community-based residential facilities, ranging from $10 to $1,000 for each violation of regulatory statutes or rules. DHFS also imposes and directly assesses forfeitures on nursing homes. Violations by nursing homes of regulatory statutes or rules are classified according to the gravity of threat that the violation poses to the health, safety, or welfare of a nursing home resident; a class "A" violation may be subject to a forfeiture of up to $10,000, a class "B" violation may be subject to a forfeiture of up to $5,000, and a class "C" violation may be subject to a forfeiture of up to $500.
This bill increases from $1,000 to $10,000 the maximum amount of a forfeiture that DHFS may impose on a violating community-based residential facility. The bill requires DHFS to impose on a violating nursing home a forfeiture surcharge of 6% of each forfeiture amount. The forfeiture surcharge is directly assessed by DHFS and is required to be credited to the appropriation of program revenue that funds the costs of inspections and licensing of health care facilities.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 50.03 (5g) (c) 1. (intro.) of the statutes is amended to read:
50.03 (5g) (c) 1. (intro.) A daily forfeiture amount per violation of not less than $10 nor more than $1,000 $10,000 for each violation, with each day of violation constituting a separate offense. All of the following apply to a forfeiture under this subdivision:
SECTION 2. 50.04 (5) (bm) of the statutes is created to read:
50.04 (5) (bm) Forfeiture surcharge. Whenever the department imposes a forfeiture under par. (a) for a violation of this subchapter or a rule promulgated under this subchapter, the department shall in addition levy a forfeiture surcharge in an amount of 6% of the forfeiture imposed. If multiple violations are involved, the forfeiture surcharge under this paragraph shall be based on the total forfeitures for all violations.
SECTION 3. 50.04 (5) (c) of the statutes is amended to read:
50.04 (5) (c) Assessment of forfeitures; powers and duties of department and forfeiture surcharges. The department may directly assess forfeitures provided for under par. (a) and forfeiture surcharges provided for under par. (bm). If the department determines that a forfeiture and forfeiture surcharge should be assessed for a particular violation or for failure to correct it, it shall send a notice of assessment to the nursing home. The notice shall specify the amount of the forfeiture and forfeiture surcharge assessed, the violation, the statute or rule alleged to have been violated, and shall inform the licensee of the right to hearing under par. (e).
SECTION 4. 50.04 (5) (f) of the statutes is amended to read:
50.04 (5) (f) Forfeitures and forfeiture surcharges paid within 10 days. All forfeitures and forfeiture surcharges 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 for deposit in the school fund and shall credit all forfeiture surcharges to the appropriation account under s. 20.435 (6) (jm).
(End)
