AB100,916,2112
50.93
(3) Provisional license. If the applicant has not been previously licensed
13under this subchapter or if the hospice is not in operation at the time that application
14is made, the department may
, except as provided in s. 50.022, issue a provisional
15license. Unless sooner suspended or revoked under sub. (4), a provisional license
16shall be valid for 24 months from the date of issuance. Within 30 days prior to the
17termination of a provisional license, the department shall fully and completely
18inspect the hospice and, if the hospice meets the applicable requirements for
19licensure, shall
, except as provided in s. 50.022, issue a regular license under sub.
20(2). If the department finds that the hospice does not meet the requirements for
21licensure, the department may not issue a regular license under sub. (2).
AB100, s. 2092
22Section
2092. 50.93 (3m) of the statutes is created to read:
AB100,917,723
50.93
(3m) Reporting. Every 12 months, on a schedule determined by the
24department, a licensed hospice shall submit an annual report in the form and
25containing the information that the department requires, including payment of the
1fee required under sub. (1) (c), evidence of current certification as meeting the
2conditions for medicare participation under
42 USC 1395 to
1395ccc and evidence of
3current compliance with the hospice requirements of the joint commission for the
4accreditation of health organizations. If a complete annual report is not timely filed,
5the department shall issue a warning to the licensee. The department may revoke
6the license for failure to timely and completely report within 60 days after the report
7date established under the schedule determined by the department.
AB100, s. 2093
8Section
2093. 50.93 (4) (title) of the statutes is amended to read:
AB100,917,99
50.93
(4) (title)
Suspension, nonrenewal and revocation.
AB100, s. 2094
10Section
2094. 50.93 (4) (a) of the statutes is amended to read:
AB100,917,1611
50.93
(4) (a) The department, after notice to the applicant or licensee, may
12suspend
, or revoke
or refuse to renew a license in any case in which the department
13finds that there has been a substantial failure to comply with the requirements of
14this subchapter or the rules promulgated under this subchapter. No state or federal
15funds passing through the state treasury may be paid to a hospice not having a valid
16license issued under this section.
AB100, s. 2095
17Section
2095. 50.93 (4) (b) of the statutes is amended to read:
AB100,917,2118
50.93
(4) (b) Notice under this subsection shall include a clear and concise
19statement of the violations on which the
nonrenewal or revocation is based, the
20statute or rule violated and notice of the opportunity for an evidentiary hearing
21under par. (c).
AB100, s. 2096
22Section
2096. 50.93 (4) (c) of the statutes is amended to read:
AB100,917,2523
50.93
(4) (c) If a hospice desires to contest the
nonrenewal or revocation of a
24license, the hospice shall, within 10 days after receipt of notice under par. (b), notify
25the department in writing of its request for a hearing under s. 227.44.
AB100, s. 2097
1Section
2097. 50.93 (4) (d) 2. of the statutes is repealed.
AB100, s. 2098
2Section
2098. 50.93 (4) (d) 3. of the statutes is amended to read:
AB100,918,53
50.93
(4) (d) 3. The department may extend the effective date of license
4revocation
or expiration in any case in order to permit orderly removal and relocation
5of individuals served by the hospice.
AB100, s. 2099
6Section
2099. 50.93 (4) (e) of the statutes is created to read:
AB100,918,87
50.93
(4) (e) This subsection does not apply to the nonrenewal or revocation of
8a license for a hospice under s. 50.022.
AB100, s. 2100
9Section
2100. 50.95 (5) of the statutes is amended to read:
AB100,918,1110
50.95
(5) Criteria for determining that the applicant for
initial licensure
or
11license renewal is fit and qualified.
AB100, s. 2101
12Section
2101. 50.981 of the statutes is created to read:
AB100,918,19
1350.981 Fees permitted for a workshop or seminar. If the department
14develops and provides a workshop or seminar relating to the provision of services by
15hospices under this subchapter, the department may establish a fee for each
16workshop or seminar and impose the fee on registrants for the workshop or seminar.
17A fee so established and imposed shall be in an amount sufficient to reimburse the
18department for the costs directly associated with developing and providing the
19workshop or seminar.
AB100, s. 2102
20Section
2102. 51.02 (1) (f) of the statutes is repealed.
AB100, s. 2103
21Section
2103. 51.032 of the statutes is created to read:
AB100,919,2
2251.032 Denial and revocations of certification or approval based on tax
23delinquency. (1) The department shall require each applicant to provide the
24department with his or her social security number, if the applicant is an individual,
1or the applicant's federal employer identification number, if the applicant is not an
2individual, as a condition of issuing any of the following:
AB100,919,33
(a) A certification issued under s. 51.038.
AB100,919,44
(b) A certification issued under s. 51.04.
AB100,919,55
(c) A certification issued under rules required under s. 51.42 (7) (b) 11.
AB100,919,66
(d) A certification issued under rules required under s. 51.421 (3) (a).
AB100,919,77
(e) An approval issued under s. 51.45 (8).
AB100,919,10
8(2) The department may not disclose any information received under sub. (1)
9to any person except to the department of revenue for the sole purpose of requesting
10certifications under s. 73.0301.
AB100,919,13
11(3) The department shall deny an application for the issuance of a certification
12or approval specified in sub. (1) if the applicant does not provide the information
13specified in sub. (1). A denial under this subsection is subject to review under ch. 227.
AB100,919,17
14(4) The department shall deny an application for the issuance of a certification
15or approval specified in sub. (1) or shall revoke a certification or approval specified
16in sub. (1) if the department of revenue certifies under s. 73.0301 that the applicant
17for or holder of a certification or approval is liable for delinquent taxes.
AB100, s. 2104
18Section
2104. 51.038 of the statutes is amended to read:
AB100,920,2
1951.038 Outpatient mental health clinic certification. If Except as
20provided in s. 51.032, if a facility that provides mental health services on an
21outpatient basis holds current accreditation from the council on accreditation of
22services for families and children, the department may accept evidence of this
23accreditation as equivalent to the standards established by the department, for the
24purpose of certifying the facility for the receipt of funds for services provided as a
1benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f., a community aids
2funding recipient under s. 51.423 (2) or as mandated coverage under s. 632.89.
AB100, s. 2105
3Section
2105. 51.04 of the statutes is amended to read:
AB100,920,9
451.04 Treatment facility certification.
Any Except as provided in s. 51.032,
5any treatment facility may apply to the department for certification of the facility for
6the receipt of funds for services provided as a benefit to a medical assistance recipient
7under s. 49.46 (2) (b) 6. f. or to a community aids funding recipient under s. 51.423
8(2) or provided as mandated coverage under s. 632.89. The department shall
9annually charge a fee for each certification.
AB100, s. 2106
10Section
2106. 51.05 (3g) of the statutes is repealed.
AB100, s. 2107
11Section
2107. 51.05 (3m) of the statutes is amended to read:
AB100,920,2012
51.05
(3m) Notwithstanding s. 20.903 (1), the department shall implement a
13plan that is approved by the department of administration to assure that
, before July
141, 1999, there are sufficient revenues, as projected by the department of health and
15family services, to cover anticipated expenditures
by that date under the
16appropriation under s. 20.435 (2) (gk) for the purpose of reimbursing the provision
17of care to patients of the Mendota mental health institute or the Winnebago mental
18health institute. The department of health and family services shall make reports
19to the department of administration every 3 months, beginning on October 1, 1993,
20and ending on July 1, 1999, concerning the implementation of this plan.
AB100, s. 2108
21Section
2108. 51.05 (5) of the statutes is amended to read:
AB100,921,522
51.05
(5) School activities. If an individual over the age of 2 and under the
23age of 22 and eligible for schooling under ss. 115.76 (2) and 115.85 is committed,
24admitted or transferred to or is a resident of the Mendota mental health institute or
25Winnebago mental health institute, the individual shall attend a school program
1operated by the applicable mental health institute or a school outside the applicable
2mental health institute which is approved by the department of
education public
3instruction. A school program operated by the Mendota mental health institute or
4Winnebago mental health institute shall be under the supervision of the department
5of
education public instruction and shall meet standards prescribed by that agency.
AB100, s. 2109
6Section
2109. 51.055 of the statutes is created to read:
AB100,921,15
751.055 Nontreatment unit or facility. The department, a county
8department under s. 51.42 or 51.437 or another person operating a mental health
9institute or another inpatient facility for treatment of mental illness may establish
10and operate, under standards promulgated as rules by the department, a
11nontreatment unit or facility. A nontreatment unit or facility may not be located in
12a prison, jail, lockup or house of correction. The nontreatment unit or facility shall
13serve only patients who are transferred to it under s. 51.61 (1) (g) 5. b. Chapter 50
14does not apply to a nontreatment unit or facility that is established and operated
15under this section.
AB100, s. 2110
16Section
2110. 51.06 (2) of the statutes is amended to read:
AB100,921,2317
51.06
(2) School activities. If an individual over the age of 2 years and under
18the age of 22 years and eligible for schooling under ss. 115.76 (2) and 115.85 is
19admitted to, is placed in or is a resident of a center, the individual shall attend a
20school program operated by the center or a school outside the center which is
21approved by the department of
education public instruction. A school program
22operated by the center shall be under the supervision of the department of
education 23public instruction and shall meet standards prescribed by that agency.
AB100, s. 2111
24Section
2111. 51.07 (3) of the statutes is amended to read:
AB100,922,10
151.07
(3) The department may provide outpatient services only to patients
2contracted for with county departments under ss. 51.42 and 51.437 in accordance
3with s. 46.03 (18), except for those patients whom the department finds to be
4nonresidents of this state
and those patients specified in sub. (4) (a). The full and
5actual cost less applicable collections of
such services contracted for
with county
6departments under s. 51.42 or 51.437 shall be charged to the respective county
7department under s. 51.42 or 51.437. The state shall provide the services required
8for patient care only if no
such outpatient services are funded by the department in
9the county or group of counties served by the respective county department under s.
1051.42 or 51.437.
AB100, s. 2112
11Section
2112. 51.07 (4) of the statutes is created to read:
AB100,922,1612
51.07
(4) (a) The department may provide outpatient services at the
13Winnebago Mental Health Institute to a patient who is a pupil of a school district that
14contracts with the department for the provision of those services. The department
15shall charge the full and actual cost of those services contracted for to the school
16district in which the patient is enrolled.
AB100,922,2117
(b) If the Winnebago Mental Health Institute has provided a pupil of a school
18district with the services contracted for under par. (a), the department shall
19regularly bill the school district for the services provided and, subject to the
20provisions of the contract, the school district shall pay the amount due within 60 days
21after the billing date.
AB100,922,2322
(c) The department shall credit any revenues received under this subsection
23to the appropriation account under s. 20.435 (2) (gk).
AB100, s. 2113
24Section
2113. 51.15 (1) (b) 2. of the statutes is amended to read:
AB100,923,5
151.15
(1) (b) 2. A specific recent overt act or attempt or threat to act or omission
2by the individual which is reliably reported to the officer or person by any other
3person, including any probation
, community supervision and parole agent
4authorized by the department of corrections to exercise control and supervision over
5a probationer
or, parolee
or person on community supervision.
AB100, s. 2114
6Section
2114. 51.20 (1) (ar) (intro.) of the statutes is amended to read:
AB100,923,217
51.20
(1) (ar) (intro.) If the individual is an inmate of a state prison, the petition
8may allege that the inmate is mentally ill, is a proper subject for treatment and is
9in need of treatment. The petition shall allege that appropriate less restrictive forms
10of treatment have been attempted with the individual and have been unsuccessful
11and it shall include a description of the less restrictive forms of treatment that were
12attempted. The petition shall also allege that the individual has been fully informed
13about his or her treatment needs, the mental health services available to him or her
14and his or her rights under this chapter and that the individual has had an
15opportunity to discuss his or her needs, the services available to him or her and his
16or her rights with a licensed physician or a licensed psychologist. The petition shall
17include the inmate's sentence and his or her expected date of release as determined
18under s. 302.11
or 302.113, whichever is applicable. The petition shall have attached
19to it a signed statement by a licensed physician or a licensed psychologist of a state
20prison and a signed statement by a licensed physician or a licensed psychologist of
21a state treatment facility attesting either of the following:
AB100, s. 2115
22Section
2115. 51.20 (13) (g) 2m. of the statutes is amended to read:
AB100,924,223
51.20
(13) (g) 2m. In addition to the provisions under subds. 1., 2. and 2g., no
24commitment ordered under par. (a) 4. or 4m. may continue beyond the inmate's date
1of release
on parole or community supervision, as determined under s. 302.11
or
2302.113, whichever is applicable.
AB100, s. 2116
3Section
2116. 51.30 (4) (b) 10. (intro.) of the statutes is amended to read:
AB100,924,154
51.30
(4) (b) 10. (intro.) To a correctional facility or to a probation
, community
5supervision and parole agent who is responsible for the supervision of an individual
6who is receiving inpatient or outpatient evaluation or treatment under this chapter
7in a program that is operated by, or is under contract with, the department or a
8county department under s. 51.42 or 51.437, or in a treatment facility, as a condition
9of the probation
, community supervision and parole supervision plan, or whenever
10such an individual is transferred from a state or local correctional facility to such a
11treatment program and is then transferred back to the correctional facility. Every
12probationer
or, parolee
or person on community supervision who receives evaluation
13or treatment under this chapter shall be notified of the provisions of this subdivision
14by the individual's probation
, community supervision and parole agent. Release of
15records under this subdivision is limited to:
AB100, s. 2117
16Section
2117. 51.30 (4) (b) 10. a. of the statutes is amended to read:
AB100,924,1817
51.30
(4) (b) 10. a. The report of an evaluation which is provided pursuant to
18the written probation
, community supervision and parole supervision plan.
AB100, s. 2118
19Section
2118. 51.30 (4) (b) 10. b. of the statutes is amended to read:
AB100,924,2220
51.30
(4) (b) 10. b. The discharge summary, including a record or summary of
21all somatic treatments, at the termination of any treatment which is provided as part
22of the probation
, community supervision and parole supervision plan.
AB100, s. 2119
23Section
2119. 51.30 (4) (b) 10. d. of the statutes is amended to read:
AB100,925,624
51.30
(4) (b) 10. d. Any information necessary to establish, or to implement
25changes in, the individual's treatment plan or the level and kind of supervision on
1probation
, community supervision or parole, as determined by the director of the
2facility or the treatment director. In cases involving a person transferred back to a
3correctional facility, disclosure shall be made to clinical staff only. In cases involving
4a person on probation
, community supervision or parole, disclosure shall be made to
5a probation
, community supervision and parole agent only. The department shall
6promulgate rules governing the release of records under this subdivision.
AB100, s. 2120
7Section
2120. 51.30 (4) (b) 18. e. of the statutes is amended to read:
AB100,926,48
51.30
(4) (b) 18. e. The restrictions on information that is obtainable by staff
9members of the protection and advocacy agency or private, nonprofit corporation
10that are specified in subd. 18. c. and d. do not apply if the custodian of the record fails
11to promptly provide the name and address of the parent or guardian; if a complaint
12is received by the agency or nonprofit corporation about a patient, or if the agency
13or nonprofit corporation determines that there is probable cause to believe that the
14health or safety of the patient is in serious and immediate jeopardy, the agency or
15nonprofit corporation has made a good-faith effort to contact the parent or guardian
16upon receiving the name and address of the parent or guardian, the agency or
17nonprofit corporation has either been unable to contact the parent or guardian or has
18offered assistance to the parent or guardian to resolve the situation and the parent
19or guardian has failed or refused to act on behalf of the patient;
or if a complaint is
20received by the agency or nonprofit corporation about a patient or there is otherwise
21probable cause to believe that the patient has been subject to abuse or neglect
by a
22parent or guardian; or if the patient is a minor whose custody has been transferred
23to a legal custodian, as defined in s. 48.02 (11) or for whom, the patient is unable by
24reason of his or her mental or physical condition to authorize the agency or nonprofit
25corporation to have access and the patient, if an adult, does not have a guardian
1appointed under s. 880.33 or, if a minor, has had appointed a guardian that is an
2agency of the state or a county
has been appointed
or does not have a parent, a
3guardian appointed under s. 48.831, a legal custodian, as defined in s. 48.02 (11), or
4a guardian appointed under s. 880.33.
AB100, s. 2121
5Section
2121. 51.35 (9) of the statutes is created to read:
AB100,926,76
51.35
(9) Inapplicability to certain transfers. This section does not apply to
7transfers under s. 51.61 (1) (g) 5. a. or b.
AB100, s. 2122
8Section
2122. 51.37 (8) (a) of the statutes is amended to read:
AB100,926,189
51.37
(8) (a) Rights to reexamination under s. 51.20 (16) apply to a prisoner or
10inmate who is found to be mentally ill or drug dependent except that the petition
11shall be made to the court that made the finding or, if the prisoner or inmate is
12detained by transfer, to the circuit court of the county in which he or she is detained.
13If upon rehearing it is found that the standards for recommitment under s. 51.20 (13)
14(g) no longer apply to the prisoner or inmate or that he or she is not in need of
15psychiatric or psychological treatment, the prisoner or inmate shall be returned to
16the prison or county jail or house of correction unless it is past his or her release date
17as determined under s. 302.11
or 302.113, whichever is applicable, in which case he
18or she shall be discharged.
AB100, s. 2123
19Section
2123. 51.37 (8) (b) of the statutes is amended to read:
AB100,927,820
51.37
(8) (b) If the condition of any prisoner or inmate committed or transferred
21under this section requires psychiatric or psychological treatment after his or her
22date of release as determined under s. 302.11
or 302.113, whichever is applicable, the
23director of the state treatment facility shall, within a reasonable time before the
24release date of the prisoner or inmate, make a written application to the court which
25committed the prisoner or inmate under sub. (5) (a). Thereupon, the proceeding shall
1be upon application made under s. 51.20, but no physician or psychologist who is
2connected with a state prison, Winnebago or Mendota mental health institute or any
3county jail or house of correction may be appointed as an examiner. If the court does
4not commit the prisoner or inmate, it may dismiss the application and order the
5prisoner or inmate returned to the institution from which he or she was transferred
6until the release date of the prisoner or inmate. If the court commits the prisoner or
7inmate for the period commencing upon his or her release date, the commitment
8shall be to the care and custody of the county department under s. 51.42 or 51.437.
AB100, s. 2124
9Section
2124. 51.37 (11) of the statutes is amended to read:
AB100,927,1510
51.37
(11) When an individual who is in the custody of or under the supervision
11of a correctional officer of the department of corrections is transferred, discharged
12or is on unauthorized absence from a treatment facility, the probation
, community
13supervision and parole agent or other individual within the department of
14corrections who is responsible for that individual's supervision shall be notified as
15soon as possible by the director of the treatment facility.
AB100, s. 2125
16Section
2125. 51.42 (3) (ar) 5. of the statutes is amended to read:
AB100,928,617
51.42
(3) (ar) 5. Prepare a local plan which includes an inventory of all existing
18resources, identifies needed new resources and services and contains a plan for
19meeting the needs of the mentally ill, developmentally disabled, alcoholic, drug
20abusers and those with other psychiatric disabilities for citizens residing within the
21jurisdiction of the county department of community programs and for persons in
22need of emergency services found within the jurisdiction of the county department
23of community programs. The plan shall also include the establishment of long-range
24goals and intermediate-range plans, detailing priorities and estimated costs and
25providing for coordination of local services and continuity of care. The plan shall
1state how the needs of homeless persons and adults with serious and persistent
2mental illness, children with serious emotional disturbances and minorities will be
3met by the county department of community programs.
The county department of
4community programs shall submit the plan to the department for review under sub.
5(7) (a) 9. and s. 51.02 (1) (f) in accordance with the schedule and deadlines established
6under sub. (7) (a) 9.
AB100, s. 2126
7Section
2126. 51.42 (3) (bm) of the statutes is amended to read:
AB100,928,108
51.42
(3) (bm)
Educational services. A county department of community
9programs may not furnish services and programs provided by the department of
10education public instruction and local educational agencies.
AB100, s. 2127
11Section
2127. 51.42 (7) (a) 5. of the statutes is amended to read:
AB100,928,1512
51.42
(7) (a) 5. Ensure that county departments of community programs that
13elect to provide special education programs to children aged 3 years and under
14comply with requirements established by the department of
education public
15instruction.
AB100, s. 2128
16Section
2128. 51.42 (7) (a) 9. of the statutes is repealed.
AB100, s. 2129
17Section
2129. 51.42 (7) (b) 11. (intro.) of the statutes is amended to read:
AB100,928,2018
51.42
(7) (b) 11. (intro.) Prescribe requirements for certification of community
19mental health programs,
except as provided in s. 51.032, including all of the
20following:
AB100, s. 2130
21Section
2130. 51.421 (3) (a) of the statutes is amended to read:
AB100,929,422
51.421
(3) (a) Promulgate rules establishing standards for the
certified 23provision of community support programs by county departments under s. 51.42
,
24except as provided in s. 51.032. The department shall establish standards that
25ensure that providers of services meet federal standards for certification of providers
1of community support program services under the medical assistance program,
42
2USC 1396 to
1397e. The department shall develop the standards in consultation
3with representatives of county departments under s. 51.42, elected county officials
4and consumer advocates.
AB100, s. 2131
5Section
2131. 51.423 (1) of the statutes is amended to read:
AB100,929,166
51.423
(1) The department shall fund, within the limits of the department's
7allocation for mental health services under s. 20.435
(3) (nL) and (7) (b)
, (kw) and (o)
8and subject to this section, services for mental illness, developmental disability,
9alcoholism and drug abuse to meet standards of service quality and accessibility. The
10department's primary responsibility is to guarantee that county departments
11established under either s. 51.42 or 51.437 receive a reasonably uniform minimum
12level of funding and its secondary responsibility is to fund programs which meet
13exceptional community needs or provide specialized or innovative services. Moneys
14appropriated under s. 20.435 (7) (b) and earmarked by the department for mental
15health services under s. 20.435 (7) (o) shall be allocated by the department to county
16departments under s. 51.42 or 51.437 in the manner set forth in this section.