SB44: Bill Text

SB44, s. 1468 Section 1468. 50.035 (11) (d) of the statutes is amended to read:

SB44,638,24 50.035 (11) (d) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (c), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.

SB44, s. 1469 Section 1469. 50.04 (5) (bm) of the statutes is created to read:

SB44,639,6 50.04 (5) (bm) Forfeiture surcharge. Whenever the department imposes a forfeiture under par. (a) for a violation of this subchapter or a rule promulgated under this subchapter, the department shall in addition levy a forfeiture surcharge in an amount of 6% of the forfeiture imposed. If multiple violations are involved, the forfeiture surcharge under this paragraph shall be based on the total forfeitures for all violations.

SB44, s. 1470 Section 1470. 50.04 (5) (c) of the statutes is amended to read:

SB44,639,15 50.04 (5) (c) Assessment of forfeitures ; powers and duties of department and forfeiture surcharges. The department may directly assess forfeitures provided for under par. (a) and forfeiture surcharges provided for under par. (bm). If the department determines that a forfeiture and forfeiture surcharge should be assessed for a particular violation or for failure to correct it, it shall send a notice of assessment to the nursing home. The notice shall specify the amount of the forfeiture and forfeiture surcharge assessed, the violation, the statute or rule alleged to have been violated, and shall inform the licensee of the right to hearing under par. (e).

SB44, s. 1471 Section 1471. 50.04 (5) (f) of the statutes is amended to read:

SB44,639,24 50.04 (5) (f) Forfeitures and forfeiture surcharges paid within 10 days. All forfeitures and forfeiture surcharges shall be paid to the department within 10 days of receipt of notice of assessment or, if the forfeiture is contested under par. (e), within 10 days of receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order under s. 50.03 (11). The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund and shall credit all forfeiture surcharges to the appropriation account under s. 20.435 (6) (jm).

SB44, s. 1472 Section 1472 . 50.04 (5) (f) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

SB44,640,10 50.04 (5) (f) Forfeitures and forfeiture surcharges paid within 10 days. All forfeitures and forfeiture surcharges shall be paid to the department within 10 days of receipt of notice of assessment or, if the forfeiture is contested under par. (e), within 10 days of receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order under s. 50.03 (11). The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund and shall credit all forfeiture surcharges to the appropriation account under s. 20.435 (6) (jm).

SB44, s. 1473 Section 1473. 50.07 (3) (a) of the statutes is repealed.

SB44, s. 1474 Section 1474. 50.07 (3) (b) of the statutes is amended to read:

SB44,640,16 50.07 (3) (b) Any employee of an employer not described in par. (a) who is discharged or otherwise retaliated or discriminated against in violation of sub. (1) (e) or (em) may file a complaint with the department of workforce development under s. 106.54 (5).

SB44, s. 1475 Section 1475. 50.07 (3) (c) of the statutes is amended to read:

SB44,640,20 50.07 (3) (c) Any person not described in par. (a) or (b) who is retaliated or discriminated against in violation of sub. (1) (e) or (em) may commence an action in circuit court for damages incurred as a result of the violation.

SB44, s. 1476 Section 1476. 50.14 (title) of the statutes is amended to read:

SB44,640,22 50.14 (title) Assessments on occupied, licensed beds.

SB44, s. 1477 Section 1477. 50.14 (1) (a) of the statutes is amended to read:

SB44,641,2 50.14 (1) (a) Notwithstanding s. 50.01 (1m), "facility" means a nursing home or an intermediate care facility for the mentally retarded, which is not state-owned or state-operated, federally owned or federally operated or that is not located outside the state.

SB44, s. 1478 Section 1478. 50.14 (2) of the statutes is renumbered 50.14 (2) (intro.) and amended to read:

SB44,641,22 50.14 (2) (intro.) For the privilege of doing business in this state, there is imposed on all occupied, licensed beds of a facility , except occupied, licensed beds for which payment is made under 42 USC 1395 to 1395ccc, an assessment that shall be deposited in the general fund and that is $100 per calendar month per occupied, licensed bed of an intermediate care facility for the mentally retarded may not exceed $435 in fiscal year 2003-04 and may not exceed $445 in fiscal year 2004-05 and is $32 an assessment that may not exceed $116 per calendar month per occupied, licensed bed of a nursing home. The assessment shall be on the average number of occupied, licensed beds of a facility for the calendar month previous to the month of assessment, based on an average daily midnight census computed and reported by the facility and verified by the department. Charged bed-hold days for any resident of a facility shall be included as one full day in the average daily midnight census deposited in the general fund, except that in fiscal year 2003-04, amounts in excess of $14,300,000, in fiscal year 2004-05, amounts in excess of $13,800,000, and, beginning July 1, 2005, in each fiscal year, amounts in excess of 45% of the money received from the assessment shall be deposited in the Medical Assistance trust fund. In determining the number of occupied, licensed beds, if all of the following apply:

SB44,641,25 (a) If the amount of the beds is other than a whole number, the fractional part of the amount shall be disregarded unless it equals 50% or more of a whole number, in which case the amount shall be increased to the next whole number.

SB44, s. 1479 Section 1479. 50.14 (2) (b) of the statutes is created to read:

SB44,642,4 50.14 (2) (b) The number of licensed beds of a nursing home includes any number of beds that have been delicensed under s. 49.45 (6m) (ap) 1. but not deducted from the nursing home's licensed bed capacity under s. 49.45 (6m) (ap) 4. a.

SB44, s. 1480 Section 1480. 50.14 (3) of the statutes is amended to read:

SB44,642,12 50.14 (3) By the end of each month, each facility shall submit to the department the facility's occupied licensed bed count and the amount due under sub. (2) for each occupied licensed bed of the facility for the month preceding the month during which the bed count and payment are is being submitted. The department shall verify the bed count number of beds licensed and, if necessary, make adjustments to the payment, notify the facility of changes in the bed count or payment owing and send the facility an invoice for the additional amount due or send the facility a refund.

SB44, s. 1481 Section 1481. 50.14 (4) of the statutes is amended to read:

SB44,642,20 50.14 (4) Sections 77.59 (1) to (5), (6) (intro.), (a) and (c) and (7) to (10), 77.60 (1) to (7), (9) and (10), 77.61 (9) and (12) to (14) and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to the assessment under this section , except that the amount of any assessment collected under s. 77.59 (7) in excess of $14,300,000 in fiscal year 2003-04, in excess of $13,800,000 in fiscal year 2004-05, and, beginning July 1, 2005, in excess of 45% in each fiscal year shall be deposited in the Medical Assistance trust fund.

SB44, s. 1482 Section 1482. 50.38 (4) of the statutes is amended to read:

SB44,643,2 50.38 (4) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under sub. (3), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.

SB44, s. 1483 Section 1483. 50.55 (1) (e) of the statutes is amended to read:

SB44,643,8 50.55 (1) (e) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (d), within 10 days after receipt of the final decision, unless the final decision is appealed and the decision is in favor of the appellant. The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.

SB44, s. 1484 Section 1484. 50.90 (2) of the statutes is amended to read:

SB44,643,12 50.90 (2) "Organization" means a public agency, as defined in s. 46.93 (1m) (e) 46.856 (1) (b), a nonprofit corporation, a for-profit stock corporation, a cooperative, a partnership, a limited liability company or a sole proprietorship.

SB44, s. 1485 Section 1485. 50.98 (5) of the statutes is amended to read:

SB44,643,20 50.98 (5) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under sub. (4), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order under the same terms and conditions as found in s. 50.03 (11). The department shall remit all forfeitures paid to the state treasurer secretary of administration for deposit in the school fund.

SB44, s. 1486 Section 1486. 51.06 (1m) (d) of the statutes is amended to read:

SB44,643,24 51.06 (1m) (d) Services for up to 50 individuals with developmental disability who are also diagnosed as mentally ill or who exhibit extremely aggressive and challenging behaviors.

SB44, s. 1487 Section 1487. 51.06 (3) of the statutes is renumbered 51.06 (3) (a) and amended to read:

SB44,644,6 51.06 (3) (a) Individuals Subject to par. (b), individuals under the age of 22 years shall be placed only at the central center for the developmentally disabled unless the department authorizes the placement of the individual at the northern or southern center for the developmentally disabled.

SB44, s. 1488 Section 1488. 51.06 (3) (b) of the statutes is created to read:

SB44,644,10 51.06 (3) (b) An individual may be placed at a center for the developmentally disabled for services under sub. (1m) (d) only after all of the following conditions are met:

SB44,644,12 1. The department determines that a licensed bed and other necessary resources are available to provide services to the individual.

SB44,644,14 2. The department and the county of residence of the individual agree on a maximum discharge date for the individual.

SB44, s. 1489 Section 1489. 51.06 (5) of the statutes is created to read:

SB44,644,24 51.06 (5) Surcharge for extended intensive treatment. The department may impose on a county a progressive surcharge for services under sub. (1m) (d) that an individual receives after the maximum discharge date for the individual that was agreed upon under sub. (3) (b) 2. The surcharge is 10% of the amount paid for the individual's services under s. 49.45 during any part of the first 6-month period following the maximum discharge date, and increases by 10% of the amount paid for the individual's services under s. 49.45 during any part of each 6-month period thereafter. Any revenues received under this subsection shall be credited to the appropriation account under s. 20.435 (2) (gL).

SB44, s. 1490 Section 1490. 51.06 (6) of the statutes is created to read:

SB44,645,15 51.06 (6) Sale of assets or real property at Northern Center for the Developmentally Disabled. The department may maintain the Northern Center for the Developmentally Disabled for the purpose specified in sub. (1), but may sell assets or real property of the Northern Center for the Developmentally Disabled. If there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold under this subsection, the department shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the property was purchased with federal financial assistance, the department shall pay to the federal government any of the net proceeds required by federal law. If there is no such debt outstanding and there are no moneys payable to the federal government, or if the net proceeds exceed the amount required to be deposited or paid under this subsection, the department shall deposit the net proceeds or remaining net proceeds in the budget stabilization fund.

SB44, s. 1491 Section 1491. 51.20 (13) (c) (intro.) of the statutes is amended to read:

SB44,645,18 51.20 (13) (c) (intro.) If disposition is made under par. (a) 3., all of the following apply:

SB44, s. 1492 Section 1492. 51.20 (13) (c) 1. of the statutes is amended to read:

SB44,645,25 51.20 (13) (c) 1. The court shall designate the facility or service which that is to receive the subject individual into the mental health system, except that, if the subject individual is under the age of 22 years and the facility is a center for the developmentally disabled, the court shall designate only the central center for the developmentally disabled unless the department authorizes designation of the northern or southern center for the developmentally disabled; subject to s. 51.06 (3).

SB44, s. 1493 Section 1493. 51.20 (13) (c) 2. of the statutes is amended to read:

SB44,646,10 51.20 (13) (c) 2. The county department under s. 51.42 or 51.437 shall arrange for treatment in the least restrictive manner consistent with the requirements of the subject individual in accordance with a court order designating the maximum level of inpatient facility, if any, which that may be used for treatment, except that, if the subject individual is under the age of 22 years and the facility is a center for the developmentally disabled, designation shall be only to the central center for the developmentally disabled unless the department authorizes the placement of the individual at the northern or southern center for the developmentally disabled; and subject to s. 51.06 (3).

SB44, s. 1494 Section 1494. 51.20 (13) (f) of the statutes is amended to read:

SB44,647,2 51.20 (13) (f) The county department under s. 51.42 or 51.437 which that receives an individual who is committed by a court under par. (a) 3. is authorized to place such the individual in an approved treatment facility, subject to any limitations which are specified by the court under par. (c) 2. The county department shall place the subject individual in the treatment program and treatment facility which that is least restrictive of the individual's personal liberty, consistent with the treatment requirements of the individual. The county department shall have has ongoing responsibility to review the individual's needs, in accordance with sub. (17), and to transfer the person to the least restrictive program consistent with the individual's needs. If the subject individual is under the age of 22 years and if the facility appropriate for placement or transfer is a center for the developmentally disabled, placement or transfer of the individual shall be made only to the central center for the developmentally disabled unless the department authorizes the placement or transfer to the northern or southern center for the developmentally disabled Placement or transfer under this paragraph is subject to s. 51.06 (3).

SB44, s. 1495 Section 1495. 51.35 (1) (a) of the statutes is amended to read:

SB44,647,21 51.35 (1) (a) The Subject to pars. (b) and (d), the department or the county department under s. 51.42 or 51.437 may transfer any patient or resident who is committed to it, or who is admitted to a treatment facility under its supervision or operating under an agreement with it, between treatment facilities or from a treatment facility into the community if such the transfer is consistent with reasonable medical and clinical judgment and, consistent with s. 51.22 (5). The transfer shall be made, and, if the transfer results in a greater restriction of personal freedom for the patient or resident, in accordance with par. (e). Terms and conditions which that will benefit the patient or resident may be imposed as part of a transfer to a less restrictive treatment alternative. A patient or resident who is committed to the department or a county department under s. 51.42 or 51.437 may be required to take medications and receive treatment, subject to the right of the patient or resident to refuse medication and treatment under s. 51.61 (1) (g) and (h), through a community support program as a term or condition of a transfer. The patient or resident shall be informed at the time of transfer of the consequences of violating such the terms and conditions of the transfer, including possible transfer back to a facility which treatment facility that imposes a greater restriction on personal freedom of the patient or resident.

SB44, s. 1496 Section 1496. 51.35 (1) (b) of the statutes is amended to read:

SB44,648,3 51.35 (1) (b) In addition to the requirements in par. (a), a Except as provided in pars. (c) and (d), a transfer of a patient in a mental health institute or center for the developmentally disabled by the department is subject to the approval of the appropriate county department under ss. 51.42 and 51.437 to which the patient was committed or through which the patient was admitted to the facility, if any mental health institute.

SB44, s. 1497 Section 1497. 51.35 (1) (bm) of the statutes is amended to read:

SB44,648,10 51.35 (1) (bm) Notwithstanding par. (b), transfer Transfer of a patient under the age of 22 years resident by a county department to a center for the developmentally disabled may be made only to the central center for the developmentally disabled unless the department authorizes the transfer of the patient to the northern or southern center for the developmentally disabled is subject to s. 51.06 (3).

SB44, s. 1498 Section 1498. 51.35 (1) (c) of the statutes is amended to read:

SB44,648,20 51.35 (1) (c) The department may, without approval of and without first notifying the county department under s. 51.42 or 51.437 and notwithstanding par. (d) 3., transfer any patient from a treatment facility to another treatment facility when the condition of the patient requires such transfer without delay. The department shall notify the appropriate county department under s. 51.42 or 51.437 that the transfer has been made. Any patient so transferred may be returned to the treatment facility from which the transfer was made, upon orders from the department or the county department under s. 51.42 or 51.437, when such the return would be in the best interests of the patient.

SB44, s. 1499 Section 1499. 51.35 (1) (d) of the statutes is amended to read:

SB44,648,25 51.35 (1) (d) 1. The Subject to subds. 2. and 3., the department may, without approval of the appropriate county department under s. 51.42 or 51.437, transfer any patient from a state treatment facility or other inpatient facility to an approved treatment facility which is less restrictive of the patient's personal freedom.

SB44,649,7 2. Transfer under this subsection paragraph may be made only if the transfer is consistent with the requirements of par. (a), and the department finds that the appropriate county department under s. 51.42 or 51.437 is unable to locate an approved treatment facility in the community, or that such the county department has acted in an arbitrary or capricious manner to prevent the transfer of the patient out of the state treatment facility or other inpatient facility contrary to medical and clinical judgment.

SB44,649,12 3. A transfer of a patient, made under authority of this subsection paragraph, may be made only after the department has notified the county department under s. 51.42 or 51.437 of its intent to transfer a patient in accordance with this subsection. The patient's guardian, if any, or if a minor his or her parent or person in the place of a parent shall be notified.

SB44, s. 1500 Section 1500. 51.35 (5) of the statutes is amended to read:

SB44,649,21 51.35 (5) Residential living arrangements; transitionary services. The department and any person, director or board authorized to discharge or transfer patients under this section shall ensure that a proper residential living arrangement and the necessary transitionary services are available and provided for the patient being discharged or transferred. Under this subsection, a proper residential living arrangement may not include a shelter facility, as defined under s. 16.352 560.9808 (1) (d), unless the discharge or transfer to the shelter facility is made on an emergency basis for a period not to exceed 10 days.

SB44, s. 1501 Section 1501. 51.421 (3) (e) of the statutes is amended to read:

SB44,649,25 51.421 (3) (e) Distribute, from From the appropriation appropriation accounts under s. 20.435 (4) (w) and (o) and (7) (bL), distribute moneys in each fiscal year for community support program services.

SB44, s. 1502 Section 1502. 51.437 (4rm) (c) 2m. of the statutes is amended to read:

SB44,650,6 51.437 (4rm) (c) 2m. Bill the county department of developmental disabilities services for services that are not provided by the federal government and that are provided under s. 51.06 (1m) (d) to individuals who are eligible for medical assistance that are not provided by the federal government, plus any applicable surcharge under s. 51.06 (5), using the procedure established under subd. 1.

SB44, s. 1503 Section 1503. 51.67 (intro.) of the statutes is amended to read:

SB44,651,6 51.67 Alternate procedure; protective services. (intro.) If, after a hearing under s. 51.13 (4) or 51.20, the court finds that commitment under this chapter is not warranted and that the subject individual is a fit subject for guardianship and protective placement or services, the court may, without further notice, appoint a temporary guardian for the subject individual and order temporary protective placement or services under ch. 55 for a period not to exceed 30 days. If the court orders temporary Temporary protective placement for an individual under the age of 22 years in a center for the developmentally disabled, this placement may be made only at the central center for the developmentally disabled unless the department authorizes the placement or transfer to the northern or southern center for the developmentally disabled is subject to s. 51.06 (3). Any interested party may then file a petition for permanent guardianship or protective placement or services, including medication, under ch. 55. If the individual is in a treatment facility, the individual may remain in the facility during the period of temporary protective placement if no other appropriate facility is available. The court may order psychotropic medication as a temporary protective service under this section if it finds that there is probable cause to believe the individual is not competent to refuse psychotropic medication and that the medication ordered will have therapeutic value and will not unreasonably impair the ability of the individual to prepare for and participate in subsequent legal proceedings. An individual is not competent to refuse psychotropic medication if, because of chronic mental illness, and after the advantages and disadvantages of and alternatives to accepting the particular psychotropic medication have been explained to the individual, one of the following is true:

SB44, s. 1504 Section 1504. 55.001 of the statutes is amended to read:

SB44,651,20 55.001 Declaration of policy. The legislature recognizes that many citizens of the state, because of the infirmities of aging, chronic mental illness, mental retardation, other developmental disabilities or like incapacities incurred at any age, are in need of protective services. These Except as provided in s. 49.45 (30m) (a), these services should, to the maximum degree of feasibility under programs, services and resources that the county board of supervisors is reasonably able to provide within the limits of available state and federal funds and of county funds required to be appropriated to match state funds, allow the individual the same rights as other citizens, and at the same time protect the individual from exploitation, abuse and degrading treatment. This chapter is designed to establish those services and assure their availability to all persons when in need of them, and to place the least possible restriction on personal liberty and exercise of constitutional rights consistent with due process and protection from abuse, exploitation and neglect.

SB44, s. 1505 Section 1505. 55.01 (4g) of the statutes is created to read:

SB44,651,22 55.01 (4g) "Intermediate facility" has the meaning given in s. 46.279 (1) (a).

SB44, s. 1506 Section 1506. 55.01 (4t) of the statutes is created to read:

SB44,651,24 55.01 (4t) "Nursing facility" has the meaning given in s. 46.279 (1) (b).

SB44, s. 1507 Section 1507. 55.045 of the statutes is amended to read:

SB44,652,11 55.045 Funding. The Except as provided in s. 49.45 (30m) (a), the appropriate county department designated under s. 55.02 shall within the limits of available state and federal funds and of county funds required to be appropriated to match state funds, provide for the reasonable program needs of persons who are protectively placed or who receive protective services under this chapter, including reasonable expenses for the evaluations required by s. 55.06 (8). Payment and collections for protective placement or protective services provided in public facilities specified in s. 46.10 shall be governed in accordance with s. 46.10. The department may require that a person who is protectively placed or receives protective services under this chapter provide reimbursement for services or care and custody received, based on the ability of the person to pay for such costs.

SB44, s. 1508 Section 1508. 55.06 (5) of the statutes is amended to read:

SB44,653,10 55.06 (5) Notice of a petition for placement shall be served upon the person sought to be placed, by personal service, at least 10 days prior to the time set for a hearing. Upon service of the notice, the person sought to be protected shall be informed of the complete contents of the notice. The person serving the notice shall return a certificate to the circuit judge verifying that the petition has been delivered and notice given. The notice shall include the names of all petitioners. Notice shall also be served personally or by mail upon the person's guardian ad litem, legal counsel, guardian, if any, presumptive adult heirs, and upon other persons who have physical custody of the person to be protected whose names and addresses are known to the petitioner or can with reasonable diligence be ascertained, to any governmental or private body or group from whom the person to be protected is known to be receiving aid, and to such other persons or entities as the court may require. Notice shall also be served personally or by mail upon the department at least 10 days prior to the time set for hearing if the person sought to be protected may be placed in a center for the developmentally disabled. The department shall be allowed to submit oral or written testimony regarding such a placement at the hearing. Notice shall also be served personally or by mail, at least 10 days before the time set for hearing, upon the county department that is participating in the program under s. 46.278 of the county of residence of the person sought to be protected, if the person has a developmental disability and may be placed in an intermediate facility or a nursing facility. The incompetent or proposed incompetent is presumed able to attend the hearing unless, after a personal interview, the guardian ad litem certifies to the court that the person is unable to attend.