AB785: Bill Text

AB785,29,19 46.275 (4) (b) 1. Consent for participation is given either by the person's parent, guardian or legal custodian, if the person is under age 18, or by the person or the person's guardian, if the person is age 18 or over, except that this subdivision does not limit the authority of the circuit court to enter, change, revise or extend a dispositional order under subch. VI of ch. 48 or subch. VI of ch. 938 or to order a protective placement or protective services under s. 55.06 55.12.

Note: Amends language in medical assistance waiver program language to reflect the bill's clarification that protective services, as well as protective placement, may be court ordered.

AB785, s. 10 Section 10 . 46.279 (2) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 296), is amended to read:

AB785,30,19 46.279 (2) Placements and admissions to intermediate facilities. Except as provided in sub. (5), no person may protectively place or continue protective placement of an individual with a developmental disability in an intermediate facility and no intermediate facility may admit or continue service for such an individual unless, before the protective placement, continued placement following review under s. 55.06 (10) 55.18, or admission and after having considered a plan developed under sub. (4), a court under s. 55.06 (9) (a) or (10) (a) 2. 55.12 or 55.18 (1) (ar) finds that protective placement in the intermediate facility is the most integrated setting that is appropriate to the needs of the individual or that the county of residence of the individual would not reasonably be able to provide community-based care in accordance with the plan within the limits of available state and federal funds and county funds required to be appropriated to match state funds, taking into account information presented by all affected parties. An intermediate facility to which an individual who has a developmental disability applies for admission shall, within 5 days after receiving the application, notify the county department that is participating in the program under s. 46.278 of the county of residence of the individual who is seeking admission concerning the application.

AB785, s. 11 Section 11 . 46.279 (3) of the statutes, as affected by 2005 Wisconsin Act .... (Assembly Bill 296), is amended to read:

AB785,31,8 46.279 (3) Placements and admissions to nursing facilities. Except as provided in sub. (5), if the department or an entity determines from a screening under s. 49.45 (6c) (b) that an individual requires active treatment for developmental disability, no individual may be protectively placed in a nursing facility or have protective placement in a nursing facility continued following review under s. 55.06 (10) 55.18, and no nursing facility may admit or continue service for the individual, unless the department or entity that conducts the screening determines that the individual's need for care cannot fully be met in an intermediate facility or under a plan under sub. (4) or that the county of residence of the individual would not reasonably be able to provide community-based care in accordance with the plan within the limits of available state and federal funds and county funds required to be appropriated to match state funds.

Note: Sections 10 and 11 change a cross-reference to orders for protective placement, the provisions of which are renumbered in this bill.

AB785, s. 12 Section 12. 46.279 (4) (c) of the statutes is amended to read:

AB785,31,12 46.279 (4) (c) Within 120 days after a proposal is made under s. 55.06 (9) (a) 55.12 (6) to place provide protective placement to the individual in an intermediate facility or a nursing facility.

Note: Changes a cross-reference to the annual review of protective placements, the provisions of which are renumbered in this bill.

AB785, s. 13 Section 13. 46.279 (4) (d) of the statutes is amended to read:

AB785,31,16 46.279 (4) (d) Within 120 days after receiving written notice under s. 55.06 (10) (a) 2. 55.18 (1) (ar) of the protective placement of the individual in a nursing facility or an intermediate facility.

Note: Changes a cross-reference to the annual review of protective placement, the provisions of which are renumbered in this bill.

AB785, s. 14 Section 14. 46.279 (4) (e) of the statutes is amended to read:

AB785,31,19 46.279 (4) (e) Within 90 days after extension of a temporary protective placement order by the court under s. 55.06 (11) (c) 55.135 (5).

Note: Changes a cross-reference to temporary protective placement, the provisions of which are renumbered in this bill.

AB785, s. 15 Section 15. 46.279 (5) of the statutes is amended to read:

AB785,32,3 46.279 (5) Exceptions. Subsections (2) and (3) do not apply to an emergency protective placement under s. 55.06 (11) (a) 55.135 or to a temporary protective placement under s. 55.06 (11) (c) or (12) 55.135 (5) or 55.055 (5).

Note: Changes cross-references to emergency and temporary protective placements, the provisions of which are renumbered under this bill.

AB785, s. 16 Section 16 . 46.283 (7) (b) of the statutes is amended to read:

AB785,32,12 46.283 (7) (b) Notwithstanding ss. 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a resource center acting under this section may exchange confidential information about a client, as defined in s. 46.287 (1), without the informed consent of the client, under s. 46.21 (2m) (c), 46.215 (1m), 46.22 (1) (dm), 46.23 (3) (e), 46.284 (7), 46.2895 (10), 51.42 (3) (e) or 51.437 (4r) (b) in the county of the resource center, if necessary to enable the resource center to perform its duties or to coordinate the delivery of services to the client.

AB785, s. 17 Section 17 . 46.284 (7) (b) of the statutes is amended to read:

AB785,32,22 46.284 (7) (b) Notwithstanding ss. 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a care management organization acting under this section may exchange confidential information about a client, as defined in s. 46.287 (1), without the informed consent of the client, under s. 46.21 (2m) (c), 46.215 (1m), 46.22 (1) (dm), 46.23 (3) (e), 46.283 (7), 46.2895 (10), 51.42 (3) (e) or 51.437 (4r) (b) in the county of the care management organization, if necessary to enable the care management organization to perform its duties or to coordinate the delivery of services to the client.

Note: Sections 16 and 17 change cross-references to records in protective placement and services proceedings, the provisions of which are renumbered in this bill.

AB785, s. 18 Section 18 . 46.286 (1) (intro.) of the statutes is amended to read:

AB785,33,6 46.286 (1) Eligibility. (intro.) A person is eligible for, but not necessarily entitled to, the family care benefit if the person is at least 18 years of age; has a physical disability, as defined in s. 15.197 (4) (a) 2., a developmental disability, as defined in s. 51.01 (5) (a), or infirmities of aging degenerative brain disorder, as defined in s. 55.01 (3) (1v); and meets all of the following criteria:

AB785, s. 19 Section 19 . 46.286 (3) (a) (intro.) of the statutes is amended to read:

AB785,33,14 46.286 (3) (a) (intro.) Subject to pars. (c) and (d), a person is entitled to and may receive the family care benefit through enrollment in a care management organization if he or she is at least 18 years of age, has a physical disability, as defined in s. 15.197 (4) (a) 2., a developmental disability, as defined in s. 51.01 (5) (a), or infirmities of aging degenerative brain disorder, as defined in s. 55.01 (3) (1v), is financially eligible, fulfills any applicable cost-sharing requirements and meets any of the following criteria:

AB785, s. 20 Section 20. 46.286 (3) (a) 3. of the statutes is amended to read:

AB785,33,19 46.286 (3) (a) 3. Is functionally eligible at the intermediate level and is determined by an agency under s. 46.90 (2) or specified by a county protective services agency, as defined in s. 55.01 (1t), to be in need of protective services under s. 55.05 or protective placement under s. 55.06 ch. 55.

AB785, s. 21 Section 21. 46.2895 (10) of the statutes is amended to read:

AB785,34,3 46.2895 (10) Exchange of information. Notwithstanding sub. (9) and ss. 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c) 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), a family care district acting under this section may exchange confidential information about a client, as defined in s. 46.287 (1), without the informed consent of the client, under s. 46.21 (2m) (c), 46.215 (1m), 46.22 (1) (dm), 46.23 (3) (e), 46.283 (7), 46.284 (7), 51.42 (3) (e) or 51.437 (4r) (b) in the jurisdiction of the family care district, if necessary to enable the family care district to perform its duties or to coordinate the delivery of services to the client.

AB785, s. 22 Section 22 . 46.90 (1) (c) of the statutes is amended to read:

AB785,34,6 46.90 (1) (c) "Elder person" means a person who is age 60 or older or who is subject to the infirmities of aging degenerative brain disorder.

AB785, s. 23 Section 23 . 46.90 (1) (d) of the statutes is renumbered 46.90 (1) (bg) and amended to read:

AB785,34,10 46.90 (1) (bg) "Infirmities of aging Degenerative brain disorder" has the meaning provided under s. 55.01 (3) (1v).

Note: Sections 18 , 19, 22 and 23 delete the term "infirmities of aging" and replace it with the more up-to-date term "degenerative brain disorder".

AB785, s. 24 Section 24. 49.001 (5m) of the statutes is amended to read:

AB785,34,17 49.001 (5m) "Prisoner" means any person who is either arrested, incarcerated, imprisoned or otherwise detained in excess of 12 hours by any law enforcement agency of this state, except when detention is pursuant to s. 51.15, 51.20, 51.45 (11) (b) or 55.06 (11) (a), 55.13, or 55.135 or ch. 980. "Prisoner" does not include any person who is serving a sentence of detention under s. 973.03 (4) unless the person is in the county jail under s. 973.03 (4) (c).

Note: Changes a cross-reference to emergency detention, the provisions of which are renumbered in this bill.

AB785, s. 25 Section 25. 49.001 (8) of the statutes is amended to read:

AB785,35,2 49.001 (8) "Voluntary" means according to a person's individual's free choice, if competent, or, if incompetent, by choice of a guardian if incompetent, unless the individual is subject to a court-ordered placement under ch. 55, is placed by an agency having a court-ordered involuntary commitment of the individual under ch. 51, or is involuntarily committed to the department of corrections or to the department under ch. 971 or 980.

Note: Amends the definition of "voluntary" in ch. 49.

AB785, s. 26 Section 26 . 49.43 (10v) of the statutes is created to read:

AB785,35,5 49.43 (10v) "Serious and persistent mental illness" has the meaning given in s. 51.01 (14t).

AB785, s. 27 Section 27. 49.45 (6m) (i) 2. of the statutes is amended to read:

AB785,35,13 49.45 (6m) (i) 2. Payment for personal or residential care is available for a person in a facility certified under 42 USC 1396 to 1396p only if the person entered a facility before the date specified in subd. 1. and has continuously resided in a facility since the date specified in subd. 1. If the person has a primary diagnosis of developmental disabilities or chronic serious and persistent mental illness, payment for personal or residential care is available only if the person entered a facility on or before November 1, 1983.

AB785, s. 28 Section 28 . 49.45 (25) (am) 2. of the statutes is amended to read:

AB785,35,16 49.45 (25) (am) 2. Has a chronic serious and persistent mental illness, as defined under s. 51.01 (3g).

Note: Sections 26 to 28 change the term "chronic mental illness" to "serious and persistent mental illness", which is the more up-to-date term.

AB785, s. 29 Section 29. 49.45 (30m) (b) of the statutes is amended to read:

AB785,36,2 49.45 (30m) (b) No payment under this section may be made for services specified under par. (a) or (am) unless the individual who receives the services is protectively placed provided protective placement under s. 55.06 (9) (a), 2003 stats., or s. 55.12, is provided emergency protective services under s. 55.05 (4), 2003 stats., or s. 55.13, or is placed under provided an emergency protective placement under s. 55.06 (11) (a), 2003 stats., or s. 55.135 or a temporary protective placement under s. 55.06 (11) (c), 2003 stats., or s. 55.135 (5) or 55.055 (5).

Note: Changes cross-references to protective placement and emergency protective placement proceedings, the provisions of which are renumbered in the draft.

AB785, s. 30 Section 30. 49.45 (30m) (c) 2. of the statutes is amended to read:

AB785,36,7 49.45 (30m) (c) 2. For an individual who was protectively placed provided protective placement under ch. 55 at any time, any annual review that is conducted under s. 55.06 (10) (a) 1. 55.18 (1) (a) (intro.) after April 30, 2005, complies with the requirements of s. 55.06 (10) (a) 2 55.18 (1) (ar).

Note: Changes cross-references to annual review of protective placement, the provisions of which are are renumbered in the draft.

AB785, s. 31 Section 31. 50.02 (2) (ad) of the statutes is created to read:

AB785,36,11 50.02 (2) (ad) The department shall promulgate rules that require each facility licensed under this subchapter to provide information necessary for the department to assess the facility's compliance with s. 55.14.

Note: Requires the DHFS to promulgate rules that require community-based residential facilities, nursing homes, adult family homes, and residential care apartment complexes to provide DHFS information necessary for DHFS to determine if those facilities are in compliance with the provisions relating to involuntary administration of psychotropic medication created by the bill.

AB785, s. 32 Section 32. 50.03 (5m) (c) of the statutes is amended to read:

AB785,37,4 50.03 (5m) (c) Relocation. The department shall offer removal and relocation assistance to residents removed under this section, including information on available alternative placements. Residents shall be involved in planning the removal and shall choose among the available alternative placements, except that where an emergency situation makes prior resident involvement impossible the department may make a temporary placement until a final placement can be arranged. Residents may choose their final alternative placement and shall be given assistance in transferring to such place. No resident may be forced to remain in a temporary or permanent placement except pursuant to the procedures provided under s. 55.06, 2003 stats., or an order under s. 55.12 for protective placement. Where the department makes or participates in making the relocation decision, consideration shall be given to proximity to residents' relatives and friends.

AB785, s. 33 Section 33. 50.06 (2) (c) of the statutes is amended to read:

AB785,37,8 50.06 (2) (c) A petition for guardianship for the individual under s. 880.07 and a petition under s. 55.075 for protective placement of the individual under s. 55.06 (2) are filed prior to the proposed admission.

Note: Changes a cross-reference to the petition for protective placement, the provisions of which are renumbered in the draft.

AB785, s. 34 Section 34. 50.06 (2) (d) of the statutes is created to read:

AB785,37,17 50.06 (2) (d) The incapacitated individual does not verbally object to or otherwise actively protest the admission. If he or she makes such an objection or protest, he or she may be admitted to the facility, but the person in charge of the facility shall immediately notify the county department under s. 55.02 (2) for the county in which the individual is living or the agency with which the county department contracts. Representatives of the county department or agency shall visit the individual as soon as possible, but not later than 72 hours after notification, and do all of the following:

AB785,37,20 1. Determine whether the protest persists or has been voluntarily withdrawn and consult with the person who consented to the admission regarding the reasons for the admission.

AB785,38,2 2. Attempt to have the incapacitated individual released within 72 hours if the protest is not withdrawn and the individual does not satisfy all of the criteria under s. 55.08 (1) or 55.135 (1), and provide assistance in identifying appropriate alternative living arrangements.

AB785,38,7 3. Comply with s. 55.135 if the requirements of s. 55.135 (1) are met and emergency protective placement in that facility or another facility is necessary or file a petition for protective placement under s. 55.075. The court, with the permission of the facility, may order the incapacitated individual to remain in the facility pending the outcome of the protective placement proceedings.

Note: Creates a new provision in the statute relating to admissions of incapacitated persons to facilities such as nursing homes and community-based residential facilities. Currently, such admissions directly from a hospital to a facility may be made if certain specified persons consent to the admission, if the incapacitated person does not have a valid power of attorney for health care and has not been adjudicated incompetent under ch. 880, if certain conditions apply. This Section adds another condition, which requires that the incapacitated individual does not verbally object to or otherwise actively protest the admission. This Section also sets out what procedure must be followed if the person objects to or protests the admission.

AB785, s. 35 Section 35 . 51.01 (2g) (b) of the statutes is amended to read:

AB785,38,11 51.01 (2g) (b) "Brain injury" does not include alcoholism, Alzheimer's disease as specified under s. 46.87 (1) (a) or the infirmities of aging degenerative brain disorder, as specified under s. 55.01 (3) defined in s. 55.01 (1v).

AB785, s. 36 Section 36. 51.01 (3g) of the statutes is renumbered 51.01 (14t) and amended to read:

AB785,39,4 51.01 (14t) "Chronic Serious and persistent mental illness" means a mental illness which that is severe in degree and persistent in duration, which that causes a substantially diminished level of functioning in the primary aspects of daily living and an inability to cope with the ordinary demands of life, which that may lead to an inability to maintain stable adjustment and independent functioning without long-term treatment and support, and which that may be of lifelong duration. "Chronic Serious and persistent mental illness" includes schizophrenia as well as a wide spectrum of psychotic and other severely disabling psychiatric diagnostic categories, but does not include infirmities of aging degenerative brain disorder, as defined in s. 55.01 (1v), or a primary diagnosis of mental retardation a developmental disability or of alcohol or drug dependence.

AB785, s. 37 Section 37. 51.01 (3s) of the statutes is amended to read:

AB785,39,10 51.01 (3s) "Community support program" means a coordinated care and treatment system which that provides a network of services through an identified treatment program and staff to ensure ongoing therapeutic involvement and individualized treatment in the community for persons individuals with chronic serious and persistent mental illness.

AB785, s. 38 Section 38 . 51.01 (5) (a) of the statutes is amended to read:

AB785,39,19 51.01 (5) (a) "Developmental disability" means a disability attributable to brain injury, cerebral palsy, epilepsy, autism, Prader-Willi syndrome, mental retardation, or another neurological condition closely related to mental retardation or requiring treatment similar to that required for mental retardation, which has continued or can be expected to continue indefinitely and constitutes a substantial handicap to the afflicted individual. "Developmental disability" does not include senility which that is primarily caused by the process of aging or the infirmities of aging degenerative brain disorder, as defined in s. 55.01 (1v).

Note: Sections 35 to 38 revise the terms "chronic mental illness", "mental retardation", and "infirmities of aging" to "serious and persistent mental illness", "developmental disability", and "degenerative brain disorder".

AB785, s. 39 Section 39. 51.03 (3) (a) 6. of the statutes is amended to read:

AB785,39,22 51.03 (3) (a) 6. The number of persons individuals for whom guardians are appointed under s. 55.14 or s. 880.33 (4m), 2003 stats.

AB785, s. 40 Section 40. 51.10 (4m) (a) (intro.) of the statutes is amended to read:

AB785,40,3 51.10 (4m) (a) (intro.) An adult who meets the criteria for voluntary admission under sub. (4) and whose admission is approved under sub. (1) or (2) may also be admitted to an inpatient treatment facility if:

Note: Deletes the requirement that the voluntary admission of an adult to an inpatient treatment facility who does not indicate a desire to leave the facility be approved by the treatment director of the treatment facility or the director of a center for the developmentally disabled and the county department.

AB785, s. 41 Section 41. 51.10 (8) of the statutes is amended to read:

AB785,40,9 51.10 (8) An adult for whom, because of incompetency, a guardian of the person has been appointed under ch. 880 because of the subject's incompetency may be voluntarily admitted to an inpatient treatment facility under this section only if the guardian consents after the requirements of sub. (4m) (a) 1. are satisfied or if the guardian and the ward consent to such the admission under this section.

Note: Provides that the guardian of an incompetent adult may provide consent to the voluntary admission of the ward to an inpatient treatment facility, in cases where the ward does not indicate a desire to leave the facility, if the procedures for voluntary admission in ch. 51 are followed.

AB785, s. 42 Section 42 . 51.15 (1) (a) 4. of the statutes is amended to read:

AB785,41,9 51.15 (1) (a) 4. Behavior manifested by a recent act or omission that, due to mental illness or drug dependency, he or she is unable to satisfy basic needs for nourishment, medical care, shelter, or safety without prompt and adequate treatment so that a substantial probability exists that death, serious physical injury, serious physical debilitation, or serious physical disease will imminently ensue unless the individual receives prompt and adequate treatment for this mental illness or drug dependency. No substantial probability of harm under this subdivision exists if reasonable provision for the individual's treatment and protection is available in the community and there is a reasonable probability that the individual will avail himself or herself of these services, if the individual can receive protective placement under s. 55.06 may be provided protective placement or protective services under ch. 55, or, in the case of a minor, if the individual is appropriate for services or placement under s. 48.13 (4) or (11) or 938.13 (4). The individual's status as a minor does not automatically establish a substantial probability of death, serious physical injury, serious physical debilitation or serious disease under this subdivision. Food, shelter or other care provided to an individual who is substantially incapable of providing the care for himself or herself, by any person other than a treatment facility, does not constitute reasonable provision for the individual's treatment or protection available in the community under this subdivision.