AB100: Bill Text

AB100, s. 2099 Section 2099. 50.93 (4) (e) of the statutes is created to read:

AB100,918,8 50.93 (4) (e) This subsection does not apply to the nonrenewal or revocation of a license for a hospice under s. 50.022.

AB100, s. 2100 Section 2100. 50.95 (5) of the statutes is amended to read:

AB100,918,11 50.95 (5) Criteria for determining that the applicant for initial licensure or license renewal is fit and qualified.

AB100, s. 2101 Section 2101. 50.981 of the statutes is created to read:

AB100,918,19 50.981 Fees permitted for a workshop or seminar. If the department develops and provides a workshop or seminar relating to the provision of services by hospices under this subchapter, the department may establish a fee for each workshop or seminar and impose the fee on registrants for the workshop or seminar. A fee so established and imposed shall be in an amount sufficient to reimburse the department for the costs directly associated with developing and providing the workshop or seminar.

AB100, s. 2102 Section 2102. 51.02 (1) (f) of the statutes is repealed.

AB100, s. 2103 Section 2103. 51.032 of the statutes is created to read:

AB100,919,2 51.032 Denial and revocations of certification or approval based on tax delinquency. (1) The department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing any of the following:

AB100,919,3 (a) A certification issued under s. 51.038.

AB100,919,4 (b) A certification issued under s. 51.04.

AB100,919,5 (c) A certification issued under rules required under s. 51.42 (7) (b) 11.

AB100,919,6 (d) A certification issued under rules required under s. 51.421 (3) (a).

AB100,919,7 (e) An approval issued under s. 51.45 (8).

AB100,919,10 (2) The department may not disclose any information received under sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB100,919,13 (3) The department shall deny an application for the issuance of a certification or approval specified in sub. (1) if the applicant does not provide the information specified in sub. (1). A denial under this subsection is subject to review under ch. 227.

AB100,919,17 (4) The department shall deny an application for the issuance of a certification or approval specified in sub. (1) or shall revoke a certification or approval specified in sub. (1) if the department of revenue certifies under s. 73.0301 that the applicant for or holder of a certification or approval is liable for delinquent taxes.

AB100, s. 2104 Section 2104. 51.038 of the statutes is amended to read:

AB100,920,2 51.038 Outpatient mental health clinic certification. If Except as provided in s. 51.032, if a facility that provides mental health services on an outpatient basis holds current accreditation from the council on accreditation of services for families and children, the department may accept evidence of this accreditation as equivalent to the standards established by the department, for the purpose of certifying 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., a community aids funding recipient under s. 51.423 (2) or as mandated coverage under s. 632.89.

AB100, s. 2105 Section 2105. 51.04 of the statutes is amended to read:

AB100,920,9 51.04 Treatment facility certification. Any Except as provided in s. 51.032, any treatment facility may apply to the department for 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 certification.

AB100, s. 2106 Section 2106. 51.05 (3g) of the statutes is repealed.

AB100, s. 2107 Section 2107. 51.05 (3m) of the statutes is amended to read:

AB100,920,20 51.05 (3m) Notwithstanding s. 20.903 (1), the department shall implement a plan that is approved by the department of administration to assure that, before July 1, 1999, there are sufficient revenues, as projected by the department of health and family services, to cover anticipated expenditures by that date under the appropriation under s. 20.435 (2) (gk) for the purpose of reimbursing the provision of care to patients of the Mendota mental health institute or the Winnebago mental health institute. The department of health and family services shall make reports to the department of administration every 3 months, beginning on October 1, 1993, and ending on July 1, 1999, concerning the implementation of this plan.

AB100, s. 2108 Section 2108. 51.05 (5) of the statutes is amended to read:

AB100,921,5 51.05 (5) School activities. If an individual over the age of 2 and under the age of 22 and eligible for schooling under ss. 115.76 (2) and 115.85 is committed, admitted or transferred to or is a resident of the Mendota mental health institute or Winnebago mental health institute, the individual shall attend a school program operated by the applicable mental health institute or a school outside the applicable mental health institute which is approved by the department of education public instruction. A school program operated by the Mendota mental health institute or Winnebago mental health institute shall be under the supervision of the department of education public instruction and shall meet standards prescribed by that agency.

AB100, s. 2109 Section 2109. 51.055 of the statutes is created to read:

AB100,921,15 51.055 Nontreatment unit or facility. The department, a county department under s. 51.42 or 51.437 or another person operating a mental health institute or another inpatient facility for treatment of mental illness may establish and operate, under standards promulgated as rules by the department, a nontreatment unit or facility. A nontreatment unit or facility may not be located in a prison, jail, lockup or house of correction. The nontreatment unit or facility shall serve only patients who are transferred to it under s. 51.61 (1) (g) 5. b. Chapter 50 does not apply to a nontreatment unit or facility that is established and operated under this section.

AB100, s. 2110 Section 2110. 51.06 (2) of the statutes is amended to read:

AB100,921,23 51.06 (2) School activities. If an individual over the age of 2 years and under the age of 22 years and eligible for schooling under ss. 115.76 (2) and 115.85 is admitted to, is placed in or is a resident of a center, the individual shall attend a school program operated by the center or a school outside the center which is approved by the department of education public instruction. A school program operated by the center shall be under the supervision of the department of education public instruction and shall meet standards prescribed by that agency.

AB100, s. 2111 Section 2111. 51.07 (3) of the statutes is amended to read:

AB100,922,10 51.07 (3) The department may provide outpatient services only to patients contracted for with county departments under ss. 51.42 and 51.437 in accordance with s. 46.03 (18), except for those patients whom the department finds to be nonresidents of this state and those patients specified in sub. (4) (a). The full and actual cost less applicable collections of such services contracted for with county departments under s. 51.42 or 51.437 shall be charged to the respective county department under s. 51.42 or 51.437. The state shall provide the services required for patient care only if no such outpatient services are funded by the department in the county or group of counties served by the respective county department under s. 51.42 or 51.437.

AB100, s. 2112 Section 2112. 51.07 (4) of the statutes is created to read:

AB100,922,16 51.07 (4) (a) The department may provide outpatient services at the Winnebago Mental Health Institute to a patient who is a pupil of a school district that contracts with the department for the provision of those services. The department shall charge the full and actual cost of those services contracted for to the school district in which the patient is enrolled.

AB100,922,21 (b) If the Winnebago Mental Health Institute has provided a pupil of a school district with the services contracted for under par. (a), the department shall regularly bill the school district for the services provided and, subject to the provisions of the contract, the school district shall pay the amount due within 60 days after the billing date.

AB100,922,23 (c) The department shall credit any revenues received under this subsection to the appropriation account under s. 20.435 (2) (gk).

AB100, s. 2113 Section 2113. 51.15 (1) (b) 2. of the statutes is amended to read:

AB100,923,5 51.15 (1) (b) 2. A specific recent overt act or attempt or threat to act or omission by the individual which is reliably reported to the officer or person by any other person, including any probation, community supervision and parole agent authorized by the department of corrections to exercise control and supervision over a probationer or, parolee or person on community supervision.

AB100, s. 2114 Section 2114. 51.20 (1) (ar) (intro.) of the statutes is amended to read:

AB100,923,21 51.20 (1) (ar) (intro.) If the individual is an inmate of a state prison, the petition may allege that the inmate is mentally ill, is a proper subject for treatment and is in need of treatment. The petition shall allege that appropriate less restrictive forms of treatment have been attempted with the individual and have been unsuccessful and it shall include a description of the less restrictive forms of treatment that were attempted. The petition shall also allege that the individual has been fully informed about his or her treatment needs, the mental health services available to him or her and his or her rights under this chapter and that the individual has had an opportunity to discuss his or her needs, the services available to him or her and his or her rights with a licensed physician or a licensed psychologist. The petition shall include the inmate's sentence and his or her expected date of release as determined under s. 302.11 or 302.113, whichever is applicable. The petition shall have attached to it a signed statement by a licensed physician or a licensed psychologist of a state prison and a signed statement by a licensed physician or a licensed psychologist of a state treatment facility attesting either of the following:

AB100, s. 2115 Section 2115. 51.20 (13) (g) 2m. of the statutes is amended to read:

AB100,924,2 51.20 (13) (g) 2m. In addition to the provisions under subds. 1., 2. and 2g., no commitment ordered under par. (a) 4. or 4m. may continue beyond the inmate's date of release on parole or community supervision, as determined under s. 302.11 or 302.113, whichever is applicable.

AB100, s. 2116 Section 2116. 51.30 (4) (b) 10. (intro.) of the statutes is amended to read:

AB100,924,15 51.30 (4) (b) 10. (intro.) To a correctional facility or to a probation, community supervision and parole agent who is responsible for the supervision of an individual who is receiving inpatient or outpatient evaluation or treatment under this chapter in a program that is operated by, or is under contract with, the department or a county department under s. 51.42 or 51.437, or in a treatment facility, as a condition of the probation, community supervision and parole supervision plan, or whenever such an individual is transferred from a state or local correctional facility to such a treatment program and is then transferred back to the correctional facility. Every probationer or, parolee or person on community supervision who receives evaluation or treatment under this chapter shall be notified of the provisions of this subdivision by the individual's probation, community supervision and parole agent. Release of records under this subdivision is limited to:

AB100, s. 2117 Section 2117. 51.30 (4) (b) 10. a. of the statutes is amended to read:

AB100,924,18 51.30 (4) (b) 10. a. The report of an evaluation which is provided pursuant to the written probation, community supervision and parole supervision plan.

AB100, s. 2118 Section 2118. 51.30 (4) (b) 10. b. of the statutes is amended to read:

AB100,924,22 51.30 (4) (b) 10. b. The discharge summary, including a record or summary of all somatic treatments, at the termination of any treatment which is provided as part of the probation, community supervision and parole supervision plan.

AB100, s. 2119 Section 2119. 51.30 (4) (b) 10. d. of the statutes is amended to read:

AB100,925,6 51.30 (4) (b) 10. d. Any information necessary to establish, or to implement changes in, the individual's treatment plan or the level and kind of supervision on probation, community supervision or parole, as determined by the director of the facility or the treatment director. In cases involving a person transferred back to a correctional facility, disclosure shall be made to clinical staff only. In cases involving a person on probation, community supervision or parole, disclosure shall be made to a probation, community supervision and parole agent only. The department shall promulgate rules governing the release of records under this subdivision.

AB100, s. 2120 Section 2120. 51.30 (4) (b) 18. e. of the statutes is amended to read:

AB100,926,4 51.30 (4) (b) 18. e. The restrictions on information that is obtainable by staff members of the protection and advocacy agency or private, nonprofit corporation that are specified in subd. 18. c. and d. do not apply if the custodian of the record fails to promptly provide the name and address of the parent or guardian; if a complaint is received by the agency or nonprofit corporation about a patient, or if the agency or nonprofit corporation determines that there is probable cause to believe that the health or safety of the patient is in serious and immediate jeopardy, the agency or nonprofit corporation has made a good-faith effort to contact the parent or guardian upon receiving the name and address of the parent or guardian, the agency or nonprofit corporation has either been unable to contact the parent or guardian or has offered assistance to the parent or guardian to resolve the situation and the parent or guardian has failed or refused to act on behalf of the patient; or if a complaint is received by the agency or nonprofit corporation about a patient or there is otherwise probable cause to believe that the patient has been subject to abuse or neglect by a parent or guardian; or if the patient is a minor whose custody has been transferred to a legal custodian, as defined in s. 48.02 (11) or for whom, the patient is unable by reason of his or her mental or physical condition to authorize the agency or nonprofit corporation to have access and the patient, if an adult, does not have a guardian appointed under s. 880.33 or, if a minor, has had appointed a guardian that is an agency of the state or a county has been appointed or does not have a parent, a guardian appointed under s. 48.831, a legal custodian, as defined in s. 48.02 (11), or a guardian appointed under s. 880.33.

AB100, s. 2121 Section 2121. 51.35 (9) of the statutes is created to read:

AB100,926,7 51.35 (9) Inapplicability to certain transfers. This section does not apply to transfers under s. 51.61 (1) (g) 5. a. or b.

AB100, s. 2122 Section 2122. 51.37 (8) (a) of the statutes is amended to read:

AB100,926,18 51.37 (8) (a) Rights to reexamination under s. 51.20 (16) apply to a prisoner or inmate who is found to be mentally ill or drug dependent except that the petition shall be made to the court that made the finding or, if the prisoner or inmate is detained by transfer, to the circuit court of the county in which he or she is detained. If upon rehearing it is found that the standards for recommitment under s. 51.20 (13) (g) no longer apply to the prisoner or inmate or that he or she is not in need of psychiatric or psychological treatment, the prisoner or inmate shall be returned to the prison or county jail or house of correction unless it is past his or her release date as determined under s. 302.11 or 302.113, whichever is applicable, in which case he or she shall be discharged.

AB100, s. 2123 Section 2123. 51.37 (8) (b) of the statutes is amended to read:

AB100,927,8 51.37 (8) (b) If the condition of any prisoner or inmate committed or transferred under this section requires psychiatric or psychological treatment after his or her date of release as determined under s. 302.11 or 302.113, whichever is applicable, the director of the state treatment facility shall, within a reasonable time before the release date of the prisoner or inmate, make a written application to the court which committed the prisoner or inmate under sub. (5) (a). Thereupon, the proceeding shall be upon application made under s. 51.20, but no physician or psychologist who is connected with a state prison, Winnebago or Mendota mental health institute or any county jail or house of correction may be appointed as an examiner. If the court does not commit the prisoner or inmate, it may dismiss the application and order the prisoner or inmate returned to the institution from which he or she was transferred until the release date of the prisoner or inmate. If the court commits the prisoner or inmate for the period commencing upon his or her release date, the commitment shall be to the care and custody of the county department under s. 51.42 or 51.437.

AB100, s. 2124 Section 2124. 51.37 (11) of the statutes is amended to read:

AB100,927,15 51.37 (11) When an individual who is in the custody of or under the supervision of a correctional officer of the department of corrections is transferred, discharged or is on unauthorized absence from a treatment facility, the probation , community supervision and parole agent or other individual within the department of corrections who is responsible for that individual's supervision shall be notified as soon as possible by the director of the treatment facility.

AB100, s. 2125 Section 2125. 51.42 (3) (ar) 5. of the statutes is amended to read:

AB100,928,6 51.42 (3) (ar) 5. Prepare a local plan which includes an inventory of all existing resources, identifies needed new resources and services and contains a plan for meeting the needs of the mentally ill, developmentally disabled, alcoholic, drug abusers and those with other psychiatric disabilities for citizens residing within the jurisdiction of the county department of community programs and for persons in need of emergency services found within the jurisdiction of the county department of community programs. The plan shall also include the establishment of long-range goals and intermediate-range plans, detailing priorities and estimated costs and providing for coordination of local services and continuity of care. The plan shall state how the needs of homeless persons and adults with serious and persistent mental illness, children with serious emotional disturbances and minorities will be met by the county department of community programs. The county department of community programs shall submit the plan to the department for review under sub. (7) (a) 9. and s. 51.02 (1) (f) in accordance with the schedule and deadlines established under sub. (7) (a) 9.

AB100, s. 2126 Section 2126. 51.42 (3) (bm) of the statutes is amended to read:

AB100,928,10 51.42 (3) (bm) Educational services. A county department of community programs may not furnish services and programs provided by the department of education public instruction and local educational agencies.

AB100, s. 2127 Section 2127. 51.42 (7) (a) 5. of the statutes is amended to read:

AB100,928,15 51.42 (7) (a) 5. Ensure that county departments of community programs that elect to provide special education programs to children aged 3 years and under comply with requirements established by the department of education public instruction.

AB100, s. 2128 Section 2128. 51.42 (7) (a) 9. of the statutes is repealed.

AB100, s. 2129 Section 2129. 51.42 (7) (b) 11. (intro.) of the statutes is amended to read:

AB100,928,20 51.42 (7) (b) 11. (intro.) Prescribe requirements for certification of community mental health programs, except as provided in s. 51.032, including all of the following:

AB100, s. 2130 Section 2130. 51.421 (3) (a) of the statutes is amended to read:

AB100,929,4 51.421 (3) (a) Promulgate rules establishing standards for the certified provision of community support programs by county departments under s. 51.42, except as provided in s. 51.032. The department shall establish standards that ensure that providers of services meet federal standards for certification of providers of community support program services under the medical assistance program, 42 USC 1396 to 1397e. The department shall develop the standards in consultation with representatives of county departments under s. 51.42, elected county officials and consumer advocates.

AB100, s. 2131 Section 2131. 51.423 (1) of the statutes is amended to read:

AB100,929,16 51.423 (1) The department shall fund, within the limits of the department's allocation for mental health services under s. 20.435 (3) (nL) and (7) (b), (kw) and (o) and subject to this section, services for mental illness, developmental disability, alcoholism and drug abuse to meet standards of service quality and accessibility. The department's primary responsibility is to guarantee that county departments established under either s. 51.42 or 51.437 receive a reasonably uniform minimum level of funding and its secondary responsibility is to fund programs which meet exceptional community needs or provide specialized or innovative services. Moneys appropriated under s. 20.435 (7) (b) and earmarked by the department for mental health services under s. 20.435 (7) (o) shall be allocated by the department to county departments under s. 51.42 or 51.437 in the manner set forth in this section.

AB100, s. 2132 Section 2132. 51.423 (2) of the statutes is amended to read:

AB100,930,7 51.423 (2) From the appropriations under s. 20.435 (3) (nL) and (7) (b), (kw) and (o), the department shall distribute the funding for services provided or purchased by county departments under s. 46.23, 51.42 or 51.437 to such county departments as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2). Each county's required match for a year equals 9.89% of the total of the county's distributions for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the counties that meet the requirements specified in sub. (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

AB100, s. 2133 Section 2133. 51.437 (4r) (a) 1. of the statutes is amended to read:

AB100,930,10 51.437 (4r) (a) 1. May not furnish services and programs provided by the department of education public instruction and local educational agencies.

AB100, s. 2134 Section 2134. 51.437 (4rm) (a) of the statutes is amended to read:

AB100,931,14 51.437 (4rm) (a) A county department of developmental disabilities services shall authorize all care of any patient in a state, local or private facility under a contractual agreement between the county department of developmental disabilities services and the facility, unless the county department of developmental disabilities services governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of developmental disabilities services or its contract agency prior to the admission of a patient to the facility except in the case of emergency services. In cases of emergency, a facility under contract with any county department of developmental disabilities services shall charge the county department of developmental disabilities services having jurisdiction in the county where the individual receiving care is found. The county department of developmental disabilities services shall reimburse the facility, except as provided under par. (c), for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health and family services determines that a charge is administratively infeasible, or unless the department of health and family services, after individual review, determines that the charge is not attributable to the cost of basic care and services. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which are attributable to care and treatment of the client. County departments of developmental disabilities services may not reimburse any state institution or receive credit for collections for care received therein by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06, admissions under s. 975.17, 1977 stats., or children placed in the guardianship of the department of health and family services under s. 48.427 or 48.43 or under the supervision of the department of corrections under s. 938.183 (2) or 938.355.

AB100, s. 2135 Section 2135. 51.437 (4rm) (c) 1. of the statutes is amended to read:

AB100,932,15 51.437 (4rm) (c) 1. Regularly bill the county department of developmental disabilities services for services provided prior to January 1, 1982 as specified in par. (c) 2. a. and 2m. If collections for care received by the department of health and family services prior to January 1, 1982, exceed current billings, the difference shall be remitted to the county department of developmental disabilities services through the appropriation under s. 20.435 (2) (gk). If billings for the quarter ending December 31, 1981, exceed collections for care received by the department of health and family services during the quarter ending December 31, 1981, collections for care provided prior to January 1, 1982, shall be remitted to the county department of developmental disabilities services through the appropriation under s. 20.435 (2) (gk), up to the level of the net amount billed the county department of developmental disabilities services for the quarter ending December 31, 1981. Under this section, collections on or after January 1, 1976, from medical assistance shall be the approved amounts listed by the patient on remittance advices from the medical assistance carrier, not including adjustments due to retroactive rate approval and less any refunds to the medical assistance program. For care provided on and after January 1, 1978, the department of health and family services shall adjust collections from medical assistance to compensate for differences between specific rate scales for care charged to the county department of developmental disabilities services and the average daily medical assistance reimbursement rate. Payment shall be due from the county department of developmental disabilities services within 60 days of the billing date subject to provisions of the contract. If any payment has not been received within 60 days, the department of health and family services shall deduct all or part of the amount due from any payment due from the department of health and family services to the county department of developmental disabilities services.

AB100, s. 2136 Section 2136. 51.437 (4rm) (c) 2. b. of the statutes is amended to read:

AB100,933,13 51.437 (4rm) (c) 2. b. Bill the county department of developmental disabilities services for services provided on or after January 1, 1982, at 10% of the rate paid by medical assistance, excluding any retroactive rate adjustment December 31, 1997, at $184 per day, if an independent professional review established under 42 USC 1396a (a) (31) designates the person served as appropriate for community care, including persons who have been admitted for more than 180 consecutive days and for whom the cost of care in the community would be less than $184 per day. The department of health and family services shall use money it receives from the county department of developmental disabilities services to offset the state's share of medical assistance. Payment is due from the county department of developmental disabilities services within 60 days of the billing date, subject to provisions of the contract. If the department of health and family services does not receive any payment within 60 days, it shall deduct all or part of the amount due from any payment the department of health and family services is required to make to the county department of developmental disabilities services. The department of health and family services shall first use collections received under s. 46.10 as a result of care at a center for the developmentally disabled to reduce the costs paid by medical assistance, and shall remit the remainder to the county department of developmental disabilities services up to the portion billed. The department of health and family services shall use the appropriation under s. 20.435 (2) (gk) to remit collection credits and other appropriate refunds to county departments of developmental disabilities services.

AB100, s. 2137 Section 2137. 51.437 (4rm) (c) 2m. of the statutes is amended to read:

AB100,933,18 51.437 (4rm) (c) 2m. Bill the county department of developmental disabilities services for services provided under s. 51.06 (1) (d) to individuals who are eligible for medical assistance that are not provided by the federal government , using the procedure established under subd. 1.

AB100, s. 2138 Section 2138. 51.437 (14) (g) of the statutes is amended to read: