LRB-3366/1
DAK:bjk:nwn
2007 - 2008 LEGISLATURE
December 4, 2007 - Introduced by Law Revision Committee. Referred to
Committee on Aging and Long Term Care.
AB611,1,4
1An Act to amend 46.279 (5) of the statutes;
relating to: creating an exception
2to the prohibition on protective placement or continued protective placement
3of an individual in a nursing facility (suggested as remedial legislation by the
4Department of Health and Family Services).
Analysis by the Legislative Reference Bureau
Under current law, no one may protectively place or continue protective
placement of an individual with a developmental disability in an intermediate care
facility for the mentally retarded (ICFMR) and no ICFMR may admit or continue
service for the individual unless a court finds, after considering a county plan for the
individual's care, that protective placement in the ICFMR is the most integrated
setting appropriate to the needs of the individual or that the county of residence
would not reasonably be able to provide community-based care for the individual.
If the Department of Health and Family Services (DHFS) or an entity determines
from a screening that an individual requires active treatment for developmental
disability, the individual may not be protectively placed or have protective placement
continued in a nursing facility unless DHFS or the entity determines that the
individual's needs cannot fully be met in an ICFMR or under a county plan, or that
the county of residence would not reasonably be able to provide community-based
care for the individual. There are two exceptions to these prohibitions: emergency
protective placements and temporary protective placements.
This bill creates a third exception to the prohibitions on protective placement
or continued protective placement of an individual with developmental disability in
a nursing facility. This exception is the instance in which an individual with
developmental disability enters a nursing facility immediately after release from a
hospital, for a period not to exceed 30 days.
This bill is explained in the Notes provided by the Joint Legislative Council in
the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
Law Revision Committee prefatory note: This bill is a remedial legislation
proposal, requested by the Department of Health and Family Services and introduced by
the Law Revision Committee under s. 13.83 (1) (c) 4., stats. After careful consideration
of the various provisions of the bill, the Law Revision Committee has determined that this
bill makes minor substantive changes in the statutes, and that these changes are
desirable as a matter of public policy.
AB611, s. 1
1Section
1. 46.279 (5) of the statutes is amended to read:
AB611,2,42
46.279
(5) Exceptions. Subsections (2) and (3) do not apply to
entrance to a
3facility under s. 49.45 (6c) (e) 1., to an emergency protective placement under s.
455.135
, or to a temporary protective placement under s. 55.135 (5) or 55.055 (5).
Note: This bill creates an additional exception to the requirement that an
admission to an intermediate care facility for the mentally retarded (ICF-MR) or a
nursing home be found to be the most integrated setting for the individual being
admitted. Under this bill, this finding need not be made if the person being admitted has
a developmental disability and is being admitted to a nursing facility immediately after
release from a hospital, for a period not to exceed 30 days.
