AB150,1139,14 14(4) "Home health services" has the meaning given in s. 50.49 (1) (b).
AB150,1139,15 15(5) "Hospice" has the meaning given in s. 50.90 (1).
AB150,1139,16 16(6) "Hospital" has the meaning given in s. 50.33 (2) (a) or (b).
AB150,1139,17 17(7) "Medicare" has the meaning given in s. 49.45 (3) (L) 1. b.
AB150,1139,19 18(8) "Outpatient physical therapy services" has the meaning given under 42
19USC 1395x
(p).
AB150,1139,21 20(9) "Patient" means an individual who receives services from a rural medical
21center.
AB150,1139,22 22(10) "Rural health clinic" has the meaning given under 42 USC 1395x (aa) (2).
AB150,1139,24 23(11) "Rural medical center" means a facility, building, structure, institution or
24place that meets all of the following conditions:
AB150,1140,2
1(a) Provides 2 or more health care services through the facility, building,
2structure, institution or place or through a related corporate entity.
AB150,1140,53 (b) Is located in a county, city, town or village that has a population of less than
415,000 and that is in an area that is not an urbanized area, as defined by the federal
5bureau of the census.
AB150,1140,6 650.51 Departmental powers. The department shall do all of the following:
AB150,1140,8 7(1) Provide uniform, statewide licensing, inspection and regulation of rural
8medical centers as specified in this subchapter.
AB150,1140,9 9(2) Promulgate rules that establish all of the following:
AB150,1140,1210 (a) For the operation of rural medical centers, standards that are designed to
11protect and promote the health, safety, rights and welfare of patients who receive
12health care services in rural medical centers.
AB150,1140,1413 (b) Minimum requirements for issuance of a provisional license, an initial
14regular license or a regular license renewal to rural medical centers.
AB150,1140,1715 (c) Provisional rural medical center licensure fees and regular rural medical
16center initial licensure and licensure renewal fees. The amounts of the fees shall be
17based on the health care services provided by the rural medical center.
AB150,1140,1918 (d) A procedure and criteria for waiver of or variance from standards under par.
19(a) or minimum requirements under par. (b).
AB150,1140,23 2050.52 Licensing procedure and requirements. (1) No person may
21conduct, maintain, operate or permit to be conducted, maintained or operated health
22care services at a rural medical center unless the rural medical center is licensed by
23the department.
AB150,1141,3
1(2) The department shall issue a provisional license, an initial regular license
2or a regular license renewal as a rural medical center to an applicant if all of the
3following are first done:
AB150,1141,64 (a) The applicant pays the appropriate license fee, as established under s. 50.51
5(2) (c). Fees collected under this paragraph shall be credited to the appropriation
6under s. 20.435 (1) (gm) for licensing and inspection activities.
AB150,1141,107 (b) Except as provided in par. (c), the department inspects the health care
8services provided by the applying rural medical center and finds that the applicant
9is fit and qualified and meets the requirements and standards of this subchapter and
10the rules promulgated under this subchapter.
AB150,1141,1511 (c) In lieu of conducting the inspection under par. (b), the department accepts
12evidence that an applicant has applicable current, valid licensure or certification as
13a hospital, a nursing home, a hospice, an adult family home, a community-based
14residential facility, a rural health clinic or a home health agency or has an agreement
15to participate in medicare as an ambulatory surgery center.
AB150,1141,18 16(3) Each license shall bear the name of the owner of the rural medical center,
17the name and address of the rural medical center and the health care services that
18the department authorizes the rural medical center to provide.
AB150,1141,22 19(4) Unless sooner revoked or suspended, an initial regular license or a regular
20license renewal issued to a rural medical center is valid for 24 months from the date
21of issuance and a provisional license issued to a rural medical center is valid for 6
22months from the date of issuance.
AB150,1141,24 23(5) Each license shall be issued only for the rural medical center and owner that
24are named in the license application and may not be transferred or assigned.
AB150,1142,3
150.53 Inspections and investigations. (1) The department may conduct
2unannounced inspections or investigations of a rural medical center as the
3department considers necessary.
AB150,1142,7 4(2) A rural medical center that is inspected or investigated under this section
5shall provide the department with access to patient health care records, regardless
6of the source of patient health care payment, to fulfill the purpose of any inspections
7or investigations that the department conducts.
AB150,1142,12 850.54 Prohibitions. (1) An entity that is not licensed as a rural medical
9center under this subchapter may not designate itself as a "rural medical center" or
10use the phrase "rural medical center" to represent or tend to represent the entity as
11a rural medical center or services provided by the entity as health care services
12provided by a rural medical center.
AB150,1142,13 13(2) No person may do any of the following:
AB150,1142,1614 (a) Intentionally prevent, interfere with or impede an investigation by the
15department of an alleged violation or enforcement by the department of a
16requirement of this subchapter or the rules promulgated under this subchapter.
AB150,1142,1817 (b) Intentionally retaliate or discriminate against a patient or rural medical
18center employe for doing any of the following:
AB150,1142,2019 1. Contacting or providing information to a state agency, as defined in s. 16.004
20(12) (a).
AB150,1142,2221 2. Initiating, participating in or testifying in an action to enforce any provision
22of this subchapter or rules promulgated under this subchapter.
AB150,1142,2523 (c) Intentionally destroy or modify the original report of an inspection that the
24department conducts under this subchapter or the rules promulgated under this
25subchapter.
AB150,1143,4
150.55 Penalties and remedies. (1) Forfeitures. (a) Any person who
2violates this subchapter or any rule promulgated under this subchapter, except s.
350.54 (2), may be required to forfeit not less than $100 nor more than $500 for each
4offense. Each day of continued violation constitutes a separate offense.
AB150,1143,75 (b) In determining whether a forfeiture is to be imposed and in fixing the
6amount of the forfeiture to be imposed, if any, for a violation, the department shall
7consider all of the following factors:
AB150,1143,88 1. The gravity of the violation.
AB150,1143,99 2. Good faith exercised by the licensee.
AB150,1143,1010 3. Any previous violations committed by the licensee.
AB150,1143,1211 4. The financial benefit to the rural medical center of committing or continuing
12to commit the violation.
AB150,1143,1813 (c) The department may directly assess forfeitures provided for under par. (a).
14If the department determines that a forfeiture should be assessed for a particular
15violation or for failure to correct it, the department shall send a notice of assessment
16to the rural medical center. The notice shall specify the amount of the forfeiture
17assessed, the violation, and the statute or rule alleged to have been violated, and
18shall inform the licensee of the right to a hearing under par. (d).
AB150,1143,2419 (d) A rural medical center may contest an assessment of forfeiture by sending,
20within 10 days after receipt of notice under par. (c), a written request for hearing
21under s. 227.44 to the division of hearings and appeals under s. 15.103 (1). The
22division shall commence the hearing within 30 days after receipt of the request for
23hearing and shall issue a final decision within 15 days after the close of the hearing.
24Proceedings before the division are governed by ch. 227.
AB150,1144,5
1(e) All forfeitures shall be paid to the department within 10 days after receipt
2of notice of assessment or, if the forfeiture is contested under par. (d), within 10 days
3after receipt of the final decision, unless the final decision is appealed and the
4decision is in favor of the appellant. The department shall remit all forfeitures paid
5to the state treasurer for deposit in the school fund.
AB150,1144,7 6(2) Other penalty. Whoever violates s. 50.54 (2) may be fined not more than
7$1,000 or imprisoned for not more than 6 months or both.
AB150,1144,15 8(3) Injunction. The department may, upon the advice of the attorney general,
9who shall represent the department in all proceedings under this subsection,
10institute an action in the name of the state in the circuit court for Dane County for
11injunctive relief or other process against any licensee, owner, operator,
12administrator or representative of any owner of a rural medical center for the
13violation of any of the provisions of this subchapter or rules promulgated under this
14subchapter if the department determines that the violation seriously affects the
15health, safety or welfare of patients.
AB150,1144,19 1650.56 Applicability. Nothing in this subchapter or in rules promulgated
17under this subchapter may be construed to limit the applicability of statutes or rules
18promulgated under statutes that are not in this subchapter to a person or entity that
19is required to be licensed as a rural medical center.
AB150, s. 3249 20Section 3249. 51.01 (14) of the statutes is amended to read:
AB150,1144,2221 51.01 (14) "Residence", "legal residency" or "county of residence" has the
22meaning given under s. 49.01 (8g) 49.001 (6).
AB150, s. 3250 23Section 3250. 51.02 (1) (b) of the statutes is amended to read:
AB150,1145,224 51.02 (1) (b) Provide recommendations to the department on the expenditure
25of federal funds received under the community mental health block grant under 42

1USC 300x to 300x-9 and participate in the development of and monitor and evaluate
2the implementation of, the community mental health block grant plan.
AB150, s. 3251 3Section 3251. 51.04 of the statutes is amended to read:
AB150,1145,12 451.04 (title) Outpatient treatment Treatment facility determination
5certification. Any treatment facility may apply to the department for
6determination of whether such facility is an outpatient treatment facility
7established and maintained according to rules promulgated by the department
8under s. 51.42 (7) (b)
certification of the facility for the receipt of funds for services
9provided as a benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f. or
10to a community aids funding recipient under s. 51.423 (2) or provided as mandated
11coverage under s. 632.89
. The department shall annually charge a fee for each such
12determination
certification.
AB150, s. 3252 13Section 3252. 51.15 (2) (intro.) of the statutes is amended to read:
AB150,1145,1714 51.15 (2) Facilities for detention. (intro.) The law enforcement officer shall
15transport the individual, or cause him or her to be transported for detention and for
16evaluation, diagnosis and treatment if permitted under sub. (8) to any of the
17following facilities:
AB150, s. 3253 18Section 3253. 51.15 (4) (b) of the statutes is amended to read:
AB150,1146,1319 51.15 (4) (b) Upon delivery of the individual, the treatment director of the
20facility, or his or her designee, shall determine within 24 hours whether the
21individual shall be detained, or shall be detained, evaluated, diagnosed and treated,
22if evaluation, diagnosis and treatment is are permitted under sub. (8), and shall
23either release the individual or detain him or her for a period not to exceed 72 hours
24after delivery of the individual, exclusive of Saturdays, Sundays and legal holidays.
25If the treatment director, or his or her designee, determines that the individual is not

1eligible for commitment under s. 51.20 (1) (a), the treatment director shall release
2the individual immediately, unless otherwise authorized by law. If the individual is
3detained, the treatment director or his or her designee may supplement in writing
4the statement filed by the law enforcement officer, and shall designate whether the
5subject individual is believed to be mentally ill, developmentally disabled or drug
6dependent, if no designation was made by the law enforcement officer. The director
7or designee may also include other specific information concerning his or her belief
8that the individual meets the standard for commitment. The treatment director or
9designee shall then promptly file the original statement together with any
10supplemental statement and notification of detention with the court having probate
11jurisdiction in the county in which the individual was taken into custody. The filing
12of the statement and notification has the same effect as a petition for commitment
13under s. 51.20.
AB150, s. 3254 14Section 3254. 51.15 (8) of the statutes is amended to read:
AB150,1146,2215 51.15 (8) (title) Treatment Evaluation, diagnosis and treatment. When an
16individual is detained under this section, the director and staff of the treatment
17facility may evaluate, diagnose and treat the individual during detention, if the
18individual consents. The individual has a right to refuse medication and treatment
19as provided in s. 51.61 (1) (g) and (h). The individual shall be advised of that right
20by the director of the facility or his or her designee, and a report of any evaluation
21and diagnosis and of
all treatment provided shall be filed by that person with the
22court.
AB150, s. 3255 23Section 3255. 51.15 (10) of the statutes is amended to read:
AB150,1147,824 51.15 (10) Voluntary patients. If an individual has been admitted to an
25approved treatment facility under s. 51.10 or 51.13, or has been otherwise admitted

1to such facility, the treatment director or his or her designee, if conditions exist for
2taking the individual into custody under sub. (1), may sign a statement of emergency
3detention and may detain, or detain, evaluate, diagnose and treat, such the
4individual as provided in this section. In such case, the treatment director shall
5undertake all responsibilities which that are required of a law enforcement officer
6under this section. The treatment director shall promptly file the statement with the
7court having probate jurisdiction in the county of detention as provided in this
8section.
AB150, s. 3256 9Section 3256. 51.15 (11) of the statutes is amended to read:
AB150,1147,1710 51.15 (11) Liability. Any individual acting who acts in accordance with this
11section, including making a determination that an individual has or does not have
12mental illness or evidences or does not evidence a substantial probability of harm
13under sub. (1) (a) 1., 2., 3. or 4.,
is not liable for any actions taken in good faith. The
14good faith of the individual actor shall be presumed in any civil action. Any person
15who
Whoever asserts that the individual acting who acts in accordance with this
16section has not acted in good faith has the burden of proving that assertion by
17evidence that is clear, satisfactory and convincing.
AB150, s. 3257 18Section 3257. 51.15 (11g) of the statutes is created to read:
AB150,1147,2219 51.15 (11g) Other liability. Subsection (11) applies to a director of a facility,
20as specified in sub. (2), or his or her designee, who under a court order evaluates,
21diagnoses or treats an individual who is confined in a jail, if the individual consents
22to the evaluation, diagnosis or treatment.
AB150, s. 3258 23Section 3258. 51.35 (3) (a) of the statutes is amended to read:
AB150,1148,2024 51.35 (3) (a) A licensed psychologist of a juvenile correctional facility under s.
2548.52 or 48.557 or a licensed physician of the department of corrections, who has

1reason to believe that any individual confined in the facility is, in his or her opinion,
2in need of services for developmental disability, alcoholism or drug dependency or in
3need of psychiatric services, and who has obtained voluntary consent to make a
4transfer for treatment, shall make a report, in writing, to the superintendent of the
5facility, stating the nature and basis of the belief and verifying the consent. In the
6case of a minor age 14 and over, the minor and the minor's parent or guardian shall
7consent unless the minor is admitted under s. 51.13 (1) (c); and in the case of a minor
8under the age of 14, only the minor's parent or guardian need consent. The
9superintendent shall inform, orally and in writing, the minor and the minor's parent
10or guardian, that transfer is being considered and shall inform them of the basis for
11the request and their rights as provided in s. 51.13 (3). If the department of health
12and social services
, upon review of a request for transfer, determines that transfer
13is appropriate, the department of health and social services may immediately
14transfer the individual. If the department of corrections, upon review of a request
15for a transfer, determines that transfer is appropriate, it shall immediately notify the
16department of health and social services and, if the department of health and social
17services consents, the department of corrections may immediately transfer the
18individual.
The department transferring the individual shall file a petition under
19s. 51.13 (4) (a) in the court assigned to exercise jurisdiction under ch. 48 of the county
20where the treatment facility is located.
AB150, s. 3259 21Section 3259. 51.35 (3) (e) of the statutes is amended to read:
AB150,1149,1422 51.35 (3) (e) The department of health and social services or department of
23corrections
may authorize emergency transfer of an individual from a juvenile
24correctional facility to a state treatment facility if there is cause to believe that the
25individual is mentally ill, drug dependent or developmentally disabled and exhibits

1conduct which constitutes a danger as defined in s. 51.20 (1) (a) 2. to the individual
2or to others, or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and
32. The correctional custodian of the sending institution shall execute a statement of
4emergency detention or petition for emergency commitment for the individual and
5deliver it to the receiving state treatment facility. The department of health and
6social services
shall file the statement or petition with the court within 24 hours after
7the subject individual is received for detention or commitment. The statement or
8petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency
9transfer is made, the director of the receiving facility may file a petition for continued
10commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the
11institution from which the transfer was made. As an alternative to this procedure,
12the procedure provided in s. 51.15 or 51.45 (12) may be used, except that no prisoner
13may be released without the approval of the court which directed confinement in the
14correctional facility.
AB150, s. 3260 15Section 3260. 51.42 (3) (aw) 1. d. of the statutes is amended to read:
AB150,1149,2116 51.42 (3) (aw) 1. d. Provide treatment and services that are specified in a
17conditional release plan approved by a court for a person who is a county resident and
18is conditionally released under s. 971.17 (3) or (4). If the county department provides
19treatment and services under this subdivision, the department of health and social
20services shall, from the appropriation under s. 20.435 (7) (2) (bj), pay the county
21department for the costs of the treatment and services.
AB150, s. 3261 22Section 3261. 51.42 (3) (d) 12. f. of the statutes is amended to read:
AB150,1150,1423 51.42 (3) (d) 12. f. The receiver shall, within 60 days after termination of the
24receivership, file a notice of any lien created under this subdivision. No action on a
25lien created under this subdivision may be brought more than 2 years after the date

1of filing. If the lien is on real property, the notice shall be filed with the clerk of circuit
2court for the county in which the county department of community programs or
3related program is located and entered on a lien docket kept under s. 779.07. If the
4lien is on personal property, the lien shall be filed with the secretary of state
5department of financial institutions. The secretary of state department of financial
6institutions
shall place the lien on personal property in the same file as financing
7statements are filed under ss. 409.401 and 409.402. The notice shall specify the
8name of the county department of community programs or related program against
9which the lien is claimed, the name of the receiver, the dates of the petition for
10receivership and the termination of receivership, a description of the property
11involved and the amount claimed. No lien may exist under this subdivision against
12any person, on any property or for any amount not specified in the notice filed under
13this subd. 12. f. To the extent applicable, ch. 846 controls the foreclosure of liens
14under this subdivision that attach to real property.
AB150, s. 3262 15Section 3262. 51.42 (3) (e) of the statutes is amended to read:
AB150,1150,2516 51.42 (3) (e) Exchange of information. Notwithstanding ss. 49.45 (4), 49.53
17(1m)
49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82 and 252.11 (7), any subunit of
18a county department of community programs acting under this section may
19exchange confidential information about a client, without the informed consent of
20the client, with any other subunit of the same county department of community
21programs or with any person providing services to the client under a purchase of
22services contract with the county department of community programs, if necessary
23to enable an employe or service provider to perform his or her duties, or to enable the
24county department of community programs to coordinate the delivery of services to
25the client.
AB150, s. 3263
1Section 3263. 51.421 (1) of the statutes is amended to read:
AB150,1151,102 51.421 (1) Purpose. In order to provide the least restrictive and most
3appropriate care and treatment for persons with chronic mental illness, community
4support programs should be available in all parts of the state. In order to integrate
5community support programs with other long-term care programs, community
6support programs shall be coordinated, to the greatest extent possible, with the
7community options program under s. 46.27, with the protective services system in
8a county, with the medical assistance program under ss. 49.43 to 49.47 subch. IV of
9ch. 49
and with other care and treatment programs for persons with chronic mental
10illness.
AB150, s. 3264 11Section 3264. 51.423 (2) of the statutes is amended to read:
AB150,1152,212 51.423 (2) From the appropriations under s. 20.435 (7) (b) and (o), the
13department shall distribute the funding for services provided or purchased by county
14departments under s. 46.23, 51.42 or 51.437 to such county departments as provided
15under s. 46.40. County matching funds are required for the distributions under s.
1646.40 (2), (3), (5), (9) and (12). Each county's required match for a year equals 9.89%
17of the total of the county's distributions for that year for which matching funds are
18required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to
19spend for juvenile delinquency-related services from its distribution for 1987.
20Matching funds may be from county tax levies, federal and state revenue sharing
21funds or private donations to the counties that meet the requirements specified in
22sub. (5). Private donations may not exceed 25% of the total county match. If the
23county match is less than the amount required to generate the full amount of state
24and federal funds distributed for this period, the decrease in the amount of state and

1federal funds equals the difference between the required and the actual amount of
2county matching funds.
AB150, s. 3265 3Section 3265. 51.423 (5) (a) (intro.) of the statutes is amended to read:
AB150,1152,64 51.423 (5) (a) (intro.) A private donation to a county may be used to match the
5state grant-in-aid under s. 49.52 (1) (d) 46.495 (1) (d) or under sub. (2) only if the
6donation is both of the following:
AB150, s. 3266 7Section 3266. 51.437 (4rm) (a) of the statutes is amended to read:
AB150,1153,108 51.437 (4rm) (a) A county department of developmental disabilities services
9shall authorize all care of any patient in a state, local or private facility under a
10contractual agreement between the county department of developmental disabilities
11services and the facility, unless the county department of developmental disabilities
12services governs the facility. The need for inpatient care shall be determined by the
13program director or designee in consultation with and upon the recommendation of
14a licensed physician trained in psychiatry and employed by the county department
15of developmental disabilities services or its contract agency prior to the admission
16of a patient to the facility except in the case of emergency services. In cases of
17emergency, a facility under contract with any county department of developmental
18disabilities services shall charge the county department of developmental
19disabilities services having jurisdiction in the county where the individual receiving
20care is found. The county department of developmental disabilities services shall
21reimburse the facility for the actual cost of all authorized care and services less
22applicable collections under s. 46.036, unless the department of health and social
23services determines that a charge is administratively infeasible, or unless the
24department of health and social services, after individual review, determines that
25the charge is not attributable to the cost of basic care and services. The exclusionary

1provisions of s. 46.03 (18) do not apply to direct and indirect costs which are
2attributable to care and treatment of the client. County departments of
3developmental disabilities services may not reimburse any state institution or
4receive credit for collections for care received therein by nonresidents of this state,
5interstate compact clients, transfers under s. 51.35 (3) (a), commitments under s.
6975.01, 1977 stats., or s. 975.02, 1977 stats. or s. 971.14, 971.17 or 975.06, admissions
7under s. 975.17, 1977 stats., or children placed in the guardianship or legal custody
8under the supervision of the department of health and social services under s. 48.355,
948.427 or 48.43 or in the legal custody of the department of corrections under s. 48.34
10(4g)
.
AB150, s. 3267 11Section 3267. 51.44 (3) (a) of the statutes is amended to read:
AB150,1153,1512 51.44 (3) (a) From the appropriations under s. 20.435 (7) (3) (bt) and (nL) the
13department shall allocate and distribute funds to counties to provide or contract for
14the provision of early intervention services to individuals eligible to receive the early
15intervention services.
AB150, s. 3268 16Section 3268. 51.45 (5) (title) of the statutes is amended to read:
AB150,1153,1817 51.45 (5) (title) Community alcohol and other drug abuse prevention pilot
18program.
AB150, s. 3269 19Section 3269. 51.45 (5) (b) (intro.) of the statutes is amended to read:
AB150,1154,420 51.45 (5) (b) (intro.) The department shall select, upon application by counties,
21county departments under s. 46.215, 46.22, 46.23, 51.42 or 51.437 in up to 8 counties
22representing various geographical regions and populations and shall, from the
23appropriation under s. 20.435 (7) (f), award a total of not more than $500,000
24$250,000 in grants in each fiscal year to the selected county departments to
25participate in a pilot program to implement and coordinate alcohol and other drug

1abuse programs and services relating to primary prevention. The county
2department in each county receiving funding under this paragraph shall appoint or
3contract with an alcohol and other drug abuse prevention specialist whose duties
4shall include all of the following:
AB150, s. 3270 5Section 3270. 51.45 (5) (c) of the statutes is amended to read:
Loading...
Loading...