AB150: Bill Text

AB150,1139,2 (2) "End-stage renal disease services" has the meaning given under 42 CFR 405.2102.

AB150,1139,3 (3) "Health care services" means any of the following:

AB150,1139,4 (a) Care that is provided in or by any of the following:

AB150,1139,5 1. A hospital.

AB150,1139,6 2. A nursing home.

AB150,1139,7 3. A hospice.

AB150,1139,8 4. A rural health clinic.

AB150,1139,9 5. An ambulatory surgery center.

AB150,1139,10 (b) Home health services.

AB150,1139,11 (c) Outpatient physical therapy services.

AB150,1139,12 (d) End-stage renal disease services.

AB150,1139,13 (e) Services that are specified in rules that the department promulgates.

AB150,1139,14 (4) "Home health services" has the meaning given in s. 50.49 (1) (b).

AB150,1139,15 (5) "Hospice" has the meaning given in s. 50.90 (1).

AB150,1139,16 (6) "Hospital" has the meaning given in s. 50.33 (2) (a) or (b).

AB150,1139,17 (7) "Medicare" has the meaning given in s. 49.45 (3) (L) 1. b.

AB150,1139,19 (8) "Outpatient physical therapy services" has the meaning given under 42 USC 1395x (p).

AB150,1139,21 (9) "Patient" means an individual who receives services from a rural medical center.

AB150,1139,22 (10) "Rural health clinic" has the meaning given under 42 USC 1395x (aa) (2).

AB150,1139,24 (11) "Rural medical center" means a facility, building, structure, institution or place that meets all of the following conditions:

AB150,1140,2 (a) Provides 2 or more health care services through the facility, building, structure, institution or place or through a related corporate entity.

AB150,1140,5 (b) Is located in a county, city, town or village that has a population of less than 15,000 and that is in an area that is not an urbanized area, as defined by the federal bureau of the census.

AB150,1140,6 50.51 Departmental powers. The department shall do all of the following:

AB150,1140,8 (1) Provide uniform, statewide licensing, inspection and regulation of rural medical centers as specified in this subchapter.

AB150,1140,9 (2) Promulgate rules that establish all of the following:

AB150,1140,12 (a) For the operation of rural medical centers, standards that are designed to protect and promote the health, safety, rights and welfare of patients who receive health care services in rural medical centers.

AB150,1140,14 (b) Minimum requirements for issuance of a provisional license, an initial regular license or a regular license renewal to rural medical centers.

AB150,1140,17 (c) Provisional rural medical center licensure fees and regular rural medical center initial licensure and licensure renewal fees. The amounts of the fees shall be based on the health care services provided by the rural medical center.

AB150,1140,19 (d) A procedure and criteria for waiver of or variance from standards under par. (a) or minimum requirements under par. (b).

AB150,1140,23 50.52 Licensing procedure and requirements. (1) No person may conduct, maintain, operate or permit to be conducted, maintained or operated health care services at a rural medical center unless the rural medical center is licensed by the department.

AB150,1141,3 (2) The department shall issue a provisional license, an initial regular license or a regular license renewal as a rural medical center to an applicant if all of the following are first done:

AB150,1141,6 (a) The applicant pays the appropriate license fee, as established under s. 50.51 (2) (c). Fees collected under this paragraph shall be credited to the appropriation under s. 20.435 (1) (gm) for licensing and inspection activities.

AB150,1141,10 (b) Except as provided in par. (c), the department inspects the health care services provided by the applying rural medical center and finds that the applicant is fit and qualified and meets the requirements and standards of this subchapter and the rules promulgated under this subchapter.

AB150,1141,15 (c) In lieu of conducting the inspection under par. (b), the department accepts evidence that an applicant has applicable current, valid licensure or certification as a hospital, a nursing home, a hospice, an adult family home, a community-based residential facility, a rural health clinic or a home health agency or has an agreement to participate in medicare as an ambulatory surgery center.

AB150,1141,18 (3) Each license shall bear the name of the owner of the rural medical center, the name and address of the rural medical center and the health care services that the department authorizes the rural medical center to provide.

AB150,1141,22 (4) Unless sooner revoked or suspended, an initial regular license or a regular license renewal issued to a rural medical center is valid for 24 months from the date of issuance and a provisional license issued to a rural medical center is valid for 6 months from the date of issuance.

AB150,1141,24 (5) Each license shall be issued only for the rural medical center and owner that are named in the license application and may not be transferred or assigned.

AB150,1142,3 50.53 Inspections and investigations. (1) The department may conduct unannounced inspections or investigations of a rural medical center as the department considers necessary.

AB150,1142,7 (2) A rural medical center that is inspected or investigated under this section shall provide the department with access to patient health care records, regardless of the source of patient health care payment, to fulfill the purpose of any inspections or investigations that the department conducts.

AB150,1142,12 50.54 Prohibitions. (1) An entity that is not licensed as a rural medical center under this subchapter may not designate itself as a "rural medical center" or use the phrase "rural medical center" to represent or tend to represent the entity as a rural medical center or services provided by the entity as health care services provided by a rural medical center.

AB150,1142,13 (2) No person may do any of the following:

AB150,1142,16 (a) Intentionally prevent, interfere with or impede an investigation by the department of an alleged violation or enforcement by the department of a requirement of this subchapter or the rules promulgated under this subchapter.

AB150,1142,18 (b) Intentionally retaliate or discriminate against a patient or rural medical center employe for doing any of the following:

AB150,1142,20 1. Contacting or providing information to a state agency, as defined in s. 16.004 (12) (a).

AB150,1142,22 2. Initiating, participating in or testifying in an action to enforce any provision of this subchapter or rules promulgated under this subchapter.

AB150,1142,25 (c) Intentionally destroy or modify the original report of an inspection that the department conducts under this subchapter or the rules promulgated under this subchapter.

AB150,1143,4 50.55 Penalties and remedies. (1) Forfeitures. (a) Any person who violates this subchapter or any rule promulgated under this subchapter, except s. 50.54 (2), may be required to forfeit not less than $100 nor more than $500 for each offense. Each day of continued violation constitutes a separate offense.

AB150,1143,7 (b) In determining whether a forfeiture is to be imposed and in fixing the amount of the forfeiture to be imposed, if any, for a violation, the department shall consider all of the following factors:

AB150,1143,8 1. The gravity of the violation.

AB150,1143,9 2. Good faith exercised by the licensee.

AB150,1143,10 3. Any previous violations committed by the licensee.

AB150,1143,12 4. The financial benefit to the rural medical center of committing or continuing to commit the violation.

AB150,1143,18 (c) The department may directly assess forfeitures provided for under par. (a). If the department determines that a forfeiture should be assessed for a particular violation or for failure to correct it, the department shall send a notice of assessment to the rural medical center. The notice shall specify the amount of the forfeiture assessed, the violation, and the statute or rule alleged to have been violated, and shall inform the licensee of the right to a hearing under par. (d).

AB150,1143,24 (d) A rural medical center may contest an assessment of forfeiture by sending, within 10 days after receipt of notice under par. (c), a written request for hearing under s. 227.44 to the division of hearings and appeals under s. 15.103 (1). The division shall commence the hearing within 30 days after receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227.

AB150,1144,5 (e) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (d), within 10 days after receipt of the final decision, unless the final decision is appealed and the decision is in favor of the appellant. The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.

AB150,1144,7 (2) Other penalty. Whoever violates s. 50.54 (2) may be fined not more than $1,000 or imprisoned for not more than 6 months or both.

AB150,1144,15 (3) Injunction. The department may, upon the advice of the attorney general, who shall represent the department in all proceedings under this subsection, institute an action in the name of the state in the circuit court for Dane County for injunctive relief or other process against any licensee, owner, operator, administrator or representative of any owner of a rural medical center for the violation of any of the provisions of this subchapter or rules promulgated under this subchapter if the department determines that the violation seriously affects the health, safety or welfare of patients.

AB150,1144,19 50.56 Applicability. Nothing in this subchapter or in rules promulgated under this subchapter may be construed to limit the applicability of statutes or rules promulgated under statutes that are not in this subchapter to a person or entity that is required to be licensed as a rural medical center.

AB150, s. 3249 Section 3249. 51.01 (14) of the statutes is amended to read:

AB150,1144,22 51.01 (14) "Residence", "legal residency" or "county of residence" has the meaning given under s. 49.01 (8g) 49.001 (6).

AB150, s. 3250 Section 3250. 51.02 (1) (b) of the statutes is amended to read:

AB150,1145,2 51.02 (1) (b) Provide recommendations to the department on the expenditure of federal funds received under the community mental health block grant under 42 USC 300x to 300x-9 and participate in the development of and monitor and evaluate the implementation of, the community mental health block grant plan.

AB150, s. 3251 Section 3251. 51.04 of the statutes is amended to read:

AB150,1145,12 51.04 (title) Outpatient treatment Treatment facility determination certification. Any treatment facility may apply to the department for determination of whether such facility is an outpatient treatment facility established and maintained according to rules promulgated by the department under s. 51.42 (7) (b) 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 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 such determination certification.

AB150, s. 3252 Section 3252. 51.15 (2) (intro.) of the statutes is amended to read:

AB150,1145,17 51.15 (2) Facilities for detention. (intro.) The law enforcement officer shall transport the individual, or cause him or her to be transported for detention and for evaluation, diagnosis and treatment if permitted under sub. (8) to any of the following facilities:

AB150, s. 3253 Section 3253. 51.15 (4) (b) of the statutes is amended to read:

AB150,1146,13 51.15 (4) (b) Upon delivery of the individual, the treatment director of the facility, or his or her designee, shall determine within 24 hours whether the individual shall be detained, or shall be detained, evaluated, diagnosed and treated, if evaluation, diagnosis and treatment is are permitted under sub. (8), and shall either release the individual or detain him or her for a period not to exceed 72 hours after delivery of the individual, exclusive of Saturdays, Sundays and legal holidays. If the treatment director, or his or her designee, determines that the individual is not eligible for commitment under s. 51.20 (1) (a), the treatment director shall release the individual immediately, unless otherwise authorized by law. If the individual is detained, the treatment director or his or her designee may supplement in writing the statement filed by the law enforcement officer, and shall designate whether the subject individual is believed to be mentally ill, developmentally disabled or drug dependent, if no designation was made by the law enforcement officer. The director or designee may also include other specific information concerning his or her belief that the individual meets the standard for commitment. The treatment director or designee shall then promptly file the original statement together with any supplemental statement and notification of detention with the court having probate jurisdiction in the county in which the individual was taken into custody. The filing of the statement and notification has the same effect as a petition for commitment under s. 51.20.

AB150, s. 3254 Section 3254. 51.15 (8) of the statutes is amended to read:

AB150,1146,22 51.15 (8) (title) Treatment Evaluation, diagnosis and treatment. When an individual is detained under this section, the director and staff of the treatment facility may evaluate, diagnose and treat the individual during detention, if the individual consents. The individual has a right to refuse medication and treatment as provided in s. 51.61 (1) (g) and (h). The individual shall be advised of that right by the director of the facility or his or her designee, and a report of any evaluation and diagnosis and of all treatment provided shall be filed by that person with the court.

AB150, s. 3255 Section 3255. 51.15 (10) of the statutes is amended to read:

AB150,1147,8 51.15 (10) Voluntary patients. If an individual has been admitted to an approved treatment facility under s. 51.10 or 51.13, or has been otherwise admitted to such facility, the treatment director or his or her designee, if conditions exist for taking the individual into custody under sub. (1), may sign a statement of emergency detention and may detain, or detain, evaluate, diagnose and treat, such the individual as provided in this section. In such case, the treatment director shall undertake all responsibilities which that are required of a law enforcement officer under this section. The treatment director shall promptly file the statement with the court having probate jurisdiction in the county of detention as provided in this section.

AB150, s. 3256 Section 3256. 51.15 (11) of the statutes is amended to read:

AB150,1147,17 51.15 (11) Liability. Any individual acting who acts in accordance with this section, including making a determination that an individual has or does not have mental illness or evidences or does not evidence a substantial probability of harm under sub. (1) (a) 1., 2., 3. or 4., is not liable for any actions taken in good faith. The good faith of the individual actor shall be presumed in any civil action. Any person who Whoever asserts that the individual acting who acts in accordance with this section has not acted in good faith has the burden of proving that assertion by evidence that is clear, satisfactory and convincing.

AB150, s. 3257 Section 3257. 51.15 (11g) of the statutes is created to read:

AB150,1147,22 51.15 (11g) Other liability. Subsection (11) applies to a director of a facility, as specified in sub. (2), or his or her designee, who under a court order evaluates, diagnoses or treats an individual who is confined in a jail, if the individual consents to the evaluation, diagnosis or treatment.

AB150, s. 3258 Section 3258. 51.35 (3) (a) of the statutes is amended to read:

AB150,1148,20 51.35 (3) (a) A licensed psychologist of a juvenile correctional facility under s. 48.52 or 48.557 or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the facility is, in his or her opinion, in need of services for developmental disability, alcoholism or drug dependency or in need of psychiatric services, and who has obtained voluntary consent to make a transfer for treatment, shall make a report, in writing, to the superintendent of the facility, stating the nature and basis of the belief and verifying the consent. In the case of a minor age 14 and over, the minor and the minor's parent or guardian shall consent unless the minor is admitted under s. 51.13 (1) (c); and in the case of a minor under the age of 14, only the minor's parent or guardian need consent. The superintendent shall inform, orally and in writing, the minor and the minor's parent or guardian, that transfer is being considered and shall inform them of the basis for the request and their rights as provided in s. 51.13 (3). If the department of health and social services, upon review of a request for transfer, determines that transfer is appropriate, the department of health and social services may immediately transfer the individual. If the department of corrections, upon review of a request for a transfer, determines that transfer is appropriate, it shall immediately notify the department of health and social services and, if the department of health and social services consents, the department of corrections may immediately transfer the individual. The department transferring the individual shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction under ch. 48 of the county where the treatment facility is located.

AB150, s. 3259 Section 3259. 51.35 (3) (e) of the statutes is amended to read:

AB150,1149,14 51.35 (3) (e) The department of health and social services or department of corrections may authorize emergency transfer of an individual from a juvenile correctional facility to a state treatment facility if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and exhibits conduct which constitutes a danger as defined in s. 51.20 (1) (a) 2. to the individual or to others, or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The correctional custodian of the sending institution shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health and social services shall file the statement or petition with the court within 24 hours after the subject individual is received for detention or commitment. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the institution from which the transfer was made. As an alternative to this procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that no prisoner may be released without the approval of the court which directed confinement in the correctional facility.

AB150, s. 3260 Section 3260. 51.42 (3) (aw) 1. d. of the statutes is amended to read:

AB150,1149,21 51.42 (3) (aw) 1. d. Provide treatment and services that are specified in a conditional release plan approved by a court for a person who is a county resident and is conditionally released under s. 971.17 (3) or (4). If the county department provides treatment and services under this subdivision, the department of health and social services shall, from the appropriation under s. 20.435 (7) (2) (bj), pay the county department for the costs of the treatment and services.

AB150, s. 3261 Section 3261. 51.42 (3) (d) 12. f. of the statutes is amended to read:

AB150,1150,14 51.42 (3) (d) 12. f. The receiver shall, within 60 days after termination of the receivership, file a notice of any lien created under this subdivision. No action on a lien created under this subdivision may be brought more than 2 years after the date of filing. If the lien is on real property, the notice shall be filed with the clerk of circuit court for the county in which the county department of community programs or related program is located and entered on a lien docket kept under s. 779.07. If the lien is on personal property, the lien shall be filed with the secretary of state department of financial institutions. The secretary of state department of financial institutions shall place the lien on personal property in the same file as financing statements are filed under ss. 409.401 and 409.402. The notice shall specify the name of the county department of community programs or related program against which the lien is claimed, the name of the receiver, the dates of the petition for receivership and the termination of receivership, a description of the property involved and the amount claimed. No lien may exist under this subdivision against any person, on any property or for any amount not specified in the notice filed under this subd. 12. f. To the extent applicable, ch. 846 controls the foreclosure of liens under this subdivision that attach to real property.

AB150, s. 3262 Section 3262. 51.42 (3) (e) of the statutes is amended to read:

AB150,1150,25 51.42 (3) (e) Exchange of information. Notwithstanding ss. 49.45 (4), 49.53 (1m) 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82 and 252.11 (7), any subunit of a county department of community programs 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 with any person providing services to the client under a purchase of services contract with the county department of community programs, if necessary to enable an employe or service provider to perform his or her duties, or to enable the county department of community programs to coordinate the delivery of services to the client.

AB150, s. 3263 Section 3263. 51.421 (1) of the statutes is amended to read:

AB150,1151,10 51.421 (1) Purpose. In order to provide the least restrictive and most appropriate care and treatment for persons with chronic mental illness, community support programs should be available in all parts of the state. In order to integrate community support programs with other long-term care programs, community support programs shall be coordinated, to the greatest extent possible, with the community options program under s. 46.27, with the protective services system in a county, with the medical assistance program under ss. 49.43 to 49.47 subch. IV of ch. 49 and with other care and treatment programs for persons with chronic mental illness.

AB150, s. 3264 Section 3264. 51.423 (2) of the statutes is amended to read: