a. Identify the nature and extent of the unmet needs of developmentally disabled
persons currently receiving services and care, as well as those on waiting lists, and the
cost of meeting those needs;
b. Evaluate the adequacy and quality of current staffing for community-based
programs for the developmentally disabled and the oversight mechanisms that currently
monitor those programs; and
c. Address the total cost of both institutional and community placements based on
the amounts needed to support specific individuals in the community and in institutions.
The bill requires the department to contract with an independent entity to conduct
the study, which must have knowledge of and experience with persons with
developmental disabilities. If the cost of the study cannot be conducted within the
department's budget, it must seek to obtain funding through a foundation grant or other
private source before requesting any state funding from the joint finance committee.
AB933, s. 1 1Section 1 . 49.155 (1) (ad) of the statutes is created to read:
AB933,5,22 49.155 (1) (ad) "Child" means a person who is any of the following:
AB933,5,33 1. A person under the age of 13.
AB933,6,1
12. A person under the age of 18 who has a special need.
AB933,6,32 3. A person under the age of 22 who has a special need and who is receiving
3special education, as defined in s. 115.76 (10).
AB933, s. 2 4Section 2. 49.155 (1) (d) of the statutes is created to read:
AB933,6,85 49.155 (1) (d) "Special need" means an emotional, physical or personal need of
6a person with a developmental disability, requiring more than the usual amount of
7care and supervision for the person's age, as documented by a physician,
8psychologist, special educator or other qualified professional.
Note: This Section creates a definition of "special need" in the Wisconsin works
program child care subsidy statute.
AB933, s. 3 9Section 3 . 49.155 (1m) (a) (intro.) of the statutes, as affected by 1997 Wisconsin
10Act 27
, is amended to read:
AB933,6,1411 49.155 (1m) (a) (intro.) The individual is a parent of a child who is under the
12age of 13,
or is a person who, under s. 48.57 (3m), is providing care and maintenance
13for a child who is under the age of 13, and child care services for that child are needed
14in order for the individual to do any of the following:
Note: This Section provides that an individual who is the custodial parent of a
child or a person who, under the kinship care program, is providing care and maintenance
for a child is eligible for a child care subsidy, if the parent or person meets educational
criteria. The term "child" is defined in s. 49.155 (1) (ad), as created in this bill.
AB933, s. 4 15Section 4 . 49.45 (8g) of the statutes is created to read:
AB933,6,1716 49.45 (8g) Rules governing private duty nursing services for children. The
17department shall promulgate rules that do all of the following:
AB933,6,2018 (a) Establish the length of time of a prior authorization period for providing
19private duty nursing services for children, which may not be less than one month nor
20more than one year.
AB933,7,2
1(b) Establish the availability of private duty nursing services for children for
2periods of not less than one hour nor more than 24 hours per day.
AB933,7,63 (c) Require a parent, relative or household member to provide nursing services
4for a child in lieu of care provided by a registered or licensed practical nurse, only if
5the parent, relative or household member volunteers to provide nursing services and
6receives adequate training to provide the services.
AB933,7,87 (d) Authorize the retention and carry-over of authorized but unused private
8duty nursing hours for a period of 8 weeks.
AB933,7,119 (e) Require adequate advance written notice to parents or other appropriate
10family members whenever a service provider initiates a change in the number of
11hours that private duty nursing services are provided.
AB933,7,1512 (f) 1. Maintain the current level of authorized private duty nursing hours for
13a child pending the final resolution of an appeal by a parent or family member of any
14determination or decision by the department that would reduce the number of hours
15for which the services were authorized and provided.
AB933,7,1916 2. Maintain the former level of authorized private duty nursing hours for a
17child pending the final resolution of an appeal by a parent or family member of any
18determination or decision by the department that reduced the number of hours for
19which the services were authorized and provided.
Note: See item 2. of the Prefatory note for an explanation of this Section.
AB933, s. 5 20Section 5 . 49.45 (39) (d) of the statutes is created to read:
AB933,8,1021 49.45 (39) (d) Consent for information for provider reimbursement. The
22department shall develop and issue, upon request, a consent form, to be signed and
23dated by a parent or guardian of a minor pupil or by an adult pupil or the guardian
24of an adult pupil, if any, that may be used under s. 118.125 (2) (hr). The form shall

1clearly indicate that the consent of the parent, guardian or adult pupil is requested
2in order to disclose personally identifiable information from the pupil's behavioral
3records or pupil physical health records for the provider of school medical services
4for the pupil to claim reimbursement under this subsection from the department.
5The form shall also advise the person signing the form that he or she may wish to
6determine, prior to signing the form, whether claiming reimbursement for school
7medical services may increase the rate of any insurance coverage that the pupil may
8have, and whether the reimbursement may adversely affect the pupil's ability to
9obtain services under the medical assistance program from providers who are not
10school medical services providers.
Note: See item 3. of the Prefatory note for an explanation of this Section.
AB933, s. 6 11Section 6 . 55.06 (6) of the statutes is renumbered 55.06 (6) (a).
AB933, s. 7 12Section 7 . 55.06 (6) (b) of the statutes is created to read:
AB933,8,1613 55.06 (6) (b) If the person sought to be placed is under a guardianship of the
14person prior to any hearing under this chapter, the guardian shall receive prior
15written notice of the hearing and may participate in the hearing as a party, be
16represented by counsel and present and cross-examine witnesses.
Note: This Section provides that the guardian of a person sought to be protectively
placed has the right to receive prior written notice of any hearing under ch. 55, to be
represented by counsel, and to cross-examine witnesses.
AB933, s. 8 17Section 8 . 55.06 (9) (b) of the statutes is amended to read:
AB933,9,2518 55.06 (9) (b) Transfer may be made between placement units or from a
19placement unit to a medical facility other than those specified in pars. (c) to (e) by a
20county, the department, a guardian or placement facility without approval by a court.
21When If transfer is made by a county, the department or a placement facility, 24
22hours'
the county, department or facility shall provide 10 days' prior written notice

1of the transfer shall be provided to the guardian, when feasible. If it is not feasible
2to notify the guardian in advance,
and shall obtain the guardian's prior written
3consent to the transfer, unless an emergency precludes the prior written notice and
4consent. The notice of transfer shall include notice of the right of the guardian, ward
5or attorney or other interested person to petition the court for a hearing on the
6transfer. If an emergency precludes providing prior written notice to and obtaining
7the prior written consent of the guardian,
written notice shall be provided
8immediately upon transfer, and notice shall also be provided to the court and to the
9board designated under s. 55.02 or an agency designated by it within a reasonable
10time, not to exceed 48 hours from the time of the transfer. Upon petition to a court
11by a guardian, ward, or attorney, or other interested person specifying objections to
12a transfer, the court shall order a hearing, within 10 days after filing of the petition,
13or
within 96 hours after filing of the petition, in the case of an emergency transfer
14made without prior written notice to and written consent of the guardian. For
15nonemergency transfers, the purpose of the hearing is to determine whether the
16proposed placement meets the standards of par. (a) and is in the best interests of the
17ward. For emergency transfers made without prior written notice to and written
18consent of the guardian, the purpose of the hearing is
to determine whether there is
19probable cause to believe that the transfer is consistent with the requirements
20specified in par. (a) and is necessary for the best interests of the ward. The court shall
21notify the ward, guardian and petitioner of the time and place of the hearing, and a
22guardian ad litem shall be appointed to represent the ward. If the person is indigent,
23the county of legal settlement shall be liable for guardian ad litem fees. The
24petitioner, ward and guardian shall have the right to attend, and to present and
25cross-examine witnesses.

Note: See item 4. of the Prefatory note for an explanation of this Section.
AB933, s. 9 1Section 9 . 55.06 (10) (am) of the statutes is created to read:
AB933,10,102 55.06 (10) (am) Except in an emergency, if the court orders or approves a
3transfer of a protective placement, and the proposed placement or service plan is not
4specified at the hearing or in the reports on which the transfer is based, the
5department or the agency that is responsible for the protective placement shall
6provide notice of the proposed placement or service plan to the guardian at least 10
7days before the proposed transfer. If the guardian requests court review of the
8proposed transfer under sub. (9) (b) or (c) within 10 days of receiving the notice
9required by this paragraph, the transfer may not occur until the court review has
10been completed.
Note: This Section requires that a guardian of a subject of a protective placement
proceeding must receive at least a 10-day advance notice of the proposed protective
placement or protective services plan. Further, this Section provides that if a guardian
requests a court review of the proposed transfer, the transfer may not occur until the court
review has been completed.
AB933, s. 10 11Section 10 . 55.06 (10) (b) of the statutes is amended to read:
AB933,11,212 55.06 (10) (b) The department, an agency, a guardian or a ward, or any other
13interested person may at any time petition the court for modification or termination
14of a protective placement. A petition to terminate a protective placement shall allege
15that the conditions which warranted placement as specified in sub. (2) are no longer
16present. A petition shall be heard if a hearing has not been held within the previous
176 months but a hearing may be held at any time in the discretion of the court. The
18petition shall be heard within 21 days of its receipt by the court. The department or
19the agency that is responsible for the protective placement shall give notice of any
20hearing to modify or terminate a protective placement, including any hearing

1resulting from a review under s. 880.331 (5), to the guardian at least 10 days prior
2to the hearing.
Note: This Section requires that notice of any hearing to modify or terminate a
protective placement must be given to the guardian at least 10 days prior to the hearing.
AB933, s. 11 3Section 11 . 118.125 (2) (hr) of the statutes is created to read:
AB933,11,114 118.125 (2) (hr) Notwithstanding par. (e), personally identifiable information
5from a pupil's behavioral records or pupil physical health records that relates to
6reimbursement from medical assistance for school medical services provided under
7s. 49.45 (39) shall be made available to the service provider if that provider provides
8a consent form issued under s. 49.45 (39) (d) that is signed and dated by the parent
9or guardian of a minor pupil or by an adult pupil or an adult pupil's guardian, if any.
10Signature by a parent, guardian or adult pupil of an application for medical
11assistance does not constitute consent under this paragraph.
Note: Section 11 provides that, personally identifiable information from a pupil's
behavioral records or pupil physical health records that relates to MA reimbursement for
school medical services provided under s. 49.45 (39) must be made available to the service
provider if that provider provides a consent form issued by the DHFS that is signed and
dated by the parent or guardian of a minor pupil or by an adult pupil or adult pupil's
guardian, if any. The parent's, guardian's or adult pupil's signature of an application for
MA does not constitute this required consent.
AB933, s. 12 12Section 12 . 880.331 (5) (a) of the statutes is amended to read:
AB933,11,1713 880.331 (5) (a) Interview the ward to and the guardian and explain to the ward
14and the guardian
the review procedure, the right to an independent evaluation, the
15right to counsel and the right to a hearing. If it is not possible to interview the
16guardian in person due to traveling distance, the guardian ad litem may conduct the
17interview with the guardian by telephone.
AB933, s. 13 18Section 13 . 880.331 (5) (b) of the statutes is amended to read:
AB933,11,2019 880.331 (5) (b) Provide the information under par. (a) to the ward and to the
20guardian
in writing.

Note: Sections 12 and 13 require a guardian ad litem appointed pursuant to a
review of a protective placement proceeding to interview the guardian of the subject of
the proceeding, explain certain rights to the guardian, and provide information on the
rights and on the review procedure in writing. This interview may be conducted by
telephone if it is not possible to meet with the guardian in person due to traveling
distance.
AB933, s. 14 1Section 14 . Nonstatutory provisions; health and family services.
AB933,12,82 (1) The department of health and family services shall conduct a study of the
3cost under the medical assistance program of authorizing, for persons with
4developmental disabilities, the provision of personal care services at locations other
5than in the recipient's home, subject to the limitations under section 49.45 (42) of the
6statutes. The department shall submit a report of its findings to the governor, and
7to the legislature in the manner provided under section 13.172 (2) of the statutes on
8or before January 1, 1999.
AB933,12,129 (2) (a ) In conjunction with the study on the future of the state centers for the
10developmentally disabled as required under 1997 Wisconsin Act 27, section 9132
11(1xyg) the department of health and family services shall examine and consider all
12of the following:
AB933,12,1513 1. The economic impact that any downsizing or closure of a state center for the
14developmentally disabled would have on the surrounding local community and
15region.
AB933,12,1916 2. The actual cost of community placement for each resident of a state center
17for the developmentally disabled subject to downsizing or closure, including all
18medical assistance card services and services provided by volunteers and nonprofit
19organizations.
AB933,13,220 (b) As part of the study under paragraph (a ), the department of health and
21family services shall also establish a pilot project of state-operated and state
22employe-staffed community residences for persons with developmental disabilities

1located near each state center for the developmentally disabled that utilizes 4-bed
2to 6-bed group homes or intermediate care facilities for the mentally retarded.
AB933,13,113 (3) (a) As part of its study for the redesign of the state's long-term community
4support services and long-term institutional and residential care systems for
5persons with physical, mental and developmental disabilities, the department of
6health and family services shall conduct a study of the quality and effectiveness of
7existing community support services and institutional and residential care for
8persons with developmental disabilities based predominantly on appropriate
9measurements and assessments of the quality of life of individuals receiving care and
10services and the level of consumer satisfaction of those persons and their families.
11The study shall also do all of the following:
AB933,13,1412 1. Identify the nature and extent of the unmet needs of developmentally
13disabled persons presently receiving services and care, as well as those on waiting
14lists, and the cost of meeting those needs.
AB933,13,1815 2. Evaluate the adequacy and quality of current staffing for community-based
16programs that provide services and institutional and residential care for
17developmentally disabled persons and the oversight mechanisms that currently
18monitor the services and care.
AB933,13,2119 3. Address the total cost of both institutional and community placements based
20on amounts needed to support specific individuals in the community and in
21institutions.
AB933,14,322 (b) The department of health and family services shall contract with an
23independent entity having knowledge of and experience with persons with
24developmental disabilities to conduct the study. If the cost of the study under this
25subsection cannot be paid under existing appropriation accounts of the department

1of health and family services, the department shall seek to obtain funding through
2a foundation grant or other private source prior to requesting funding from the joint
3committee on finance of the legislature.
Note: See item 6. of the Prefatory note for an explanation of this Section.
AB933,14,44 (End)
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