SB377: Bill Text

LRB-3649/1

TJD:med:jf

2011 - 2012 LEGISLATURE

2011 Senate BILL 377

January 12, 2012 - Introduced by Senators Galloway, Harsdorf, Erpenbach, Hansen, Holperin, King, C. Larson, Lassa, Moulton, Olsen, Risser, Taylor and Vinehout, cosponsored by Representatives Severson, Bernier, Berceau, Bies, E. Coggs, Endsley, Hintz, Jacque, Kaufert, Kerkman, Knodl, Kooyenga, Litjens, Mason, Nygren, Pasch, Petryk, Radcliffe, Rivard, Sinicki, Spanbauer, Strachota, C. Taylor, Thiesfeldt, Tranel, Zepnick and Toles. Referred to Committee on Public Health, Human Services, and Revenue.

SB377,2,2 An Act to amend 46.22 (1) (c) 8. (intro.), 46.275 (5) (b) 4., 46.278 (1), 46.278 (1m) (am), 46.278 (2) (a), 46.278 (4) (a), 46.278 (5) (a), 46.278 (6) (e) 1. a., 46.278 (6) (e) 1. b., 46.278 (6) (e) 1. c., 46.284 (2) (c), 49.43 (7) (b) 1., 49.45 (6m) (ar) 1. c., 49.45 (6m) (bg), 49.45 (30m) (a) 2., 50.04 (2r), 50.04 (4) (dm), 50.14 (1) (a), 50.14 (1) (b), 50.14 (2) (bm), 50.14 (2m), 51.01 (5) (a), 51.06 (8) (a) 1., 51.06 (8) (b) (intro.), 51.06 (8) (b) 4., 51.06 (8) (b) 7., 51.42 (6m) (intro.), 51.437 (4g) (c), 51.62 (4), 54.01 (8), 55.01 (2), 58.05 (title), 58.05 (1), 146.40 (1) (bt), 146.40 (2) (intro.), 146.40 (2) (c) (intro.), 146.40 (2) (c) 2., 146.40 (2) (d), 146.40 (2) (e), 146.40 (2) (g), 146.40 (2m), subchapter VIII (title) of chapter 150 [precedes 150.96], 150.96 (2), 150.96 (4), 150.963 (title), 150.963 (2) (a), 150.963 (2) (b), 150.965, 150.97, 150.975, 150.983, 155.20 (2) (a) 2., 155.30 (3) and 632.88 (1) (a) of the statutes; relating to: changing terminology for those with an intellectual disability.

Analysis by the Legislative Reference Bureau

This bill substitutes the phrase "intellectual disability" for "mental retardation" and "mentally retarded" in the statutes.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB377, s. 1 Section 1. 46.22 (1) (c) 8. (intro.) of the statutes is amended to read:

SB377,2,8 46.22 (1) (c) 8. (intro.) To administer child welfare services including services to juveniles who are delinquent and to children who are mentally retarded, have an intellectual disability or are dependent, neglected or nonmarital, and to other children who are in need of such services. In administering child welfare services the county department of social services shall be governed by the following:

SB377, s. 2 Section 2. 46.275 (5) (b) 4. of the statutes is amended to read:

SB377,2,14 46.275 (5) (b) 4. Provide services, except respite care that is approved by the department, within a skilled nursing facility, intermediate care facility or intermediate care facility for persons with mental retardation an intellectual disability, as defined in s. 46.278 (1m) (am), including a state center for the developmentally disabled.

SB377, s. 3 Section 3. 46.278 (1) of the statutes is amended to read:

SB377,3,8 46.278 (1) Legislative intent. The intent of the programs under this section is to provide home or community-based care to serve in a noninstitutional community setting a person who meets eligibility requirements under 42 USC 1396n (c) and who is diagnosed as developmentally disabled under the definition specified in s. 51.01 (5) and relocated from an institution other than a state center for the developmentally disabled or who meets the intermediate care facility for persons with mental retardation an intellectual disability or brain injury rehabilitation facility level of care requirements for medical assistance reimbursement in an intermediate care facility for persons with mental retardation an intellectual disability or a brain injury rehabilitation facility and is ineligible for services under s. 46.275 or 46.277. The intent of the program is also that counties use all existing services for providing care under this section, including those services currently provided by counties.

SB377, s. 4 Section 4. 46.278 (1m) (am) of the statutes is amended to read:

SB377,3,12 46.278 (1m) (am) "Intermediate care facility for persons with mental retardation an intellectual disability" has the meaning given for "intermediate care facility for the mentally retarded" under 42 USC 1396d (d).

SB377, s. 5 Section 5. 46.278 (2) (a) of the statutes is amended to read:

SB377,3,22 46.278 (2) (a) The department may request one or more waivers from the secretary of the federal department of health and human services, under 42 USC 1396n (c), authorizing the department to serve medical assistance recipients, who meet the level of care requirements for medical assistance reimbursement in an intermediate care facility for persons with mental retardation an intellectual disability or in a brain injury rehabilitation facility, in their communities by providing home or community-based services as part of medical assistance. If the department requests a waiver, it shall include all assurances required under 42 USC 1396n (c) (2) in its request.

SB377, s. 6 Section 6. 46.278 (4) (a) of the statutes is amended to read:

SB377,4,6 46.278 (4) (a) Sections 46.27 (3) (b) and 46.275 (3) (a) and (c) to (e) apply to county participation in a program, except that services provided in the program shall substitute for care provided a person in an intermediate care facility for persons with mental retardation an intellectual disability or in a brain injury rehabilitation facility who meets the intermediate care facility for persons with mental retardation an intellectual disability or brain injury rehabilitation facility level of care requirements for medical assistance reimbursement to that facility rather than for care provided at a state center for the developmentally disabled.

SB377, s. 7 Section 7. 46.278 (5) (a) of the statutes is amended to read:

SB377,4,17 46.278 (5) (a) Any medical assistance recipient who meets the level of care requirements for medical assistance reimbursement in an intermediate care facility for persons with mental retardation an intellectual disability or in a brain injury rehabilitation facility and is ineligible for service under s. 46.275 or 46.277 is eligible to participate in a program, except that persons eligible for the brain injury waiver program must meet the definition of brain injury under s. 51.01 (2g), and except that the number of participants may not exceed the number approved under the waiver received under sub. (3). Such a recipient may apply, or any person may apply on behalf of such a recipient, for participation in a program. Section 46.275 (4) (b) applies to participation in a program.

SB377, s. 8 Section 8. 46.278 (6) (e) 1. a. of the statutes is amended to read:

SB377,4,20 46.278 (6) (e) 1. a. An intermediate care facility for persons with mental retardation an intellectual disability that closes under s. 50.03 (14).

SB377, s. 9 Section 9. 46.278 (6) (e) 1. b. of the statutes is amended to read:

SB377,4,24 46.278 (6) (e) 1. b. An intermediate care facility for persons with mental retardation an intellectual disability or a distinct part thereof that has a plan of closure approved by the department and that intends to close within 12 months.

SB377, s. 10 Section 10. 46.278 (6) (e) 1. c. of the statutes is amended to read:

SB377,5,4 46.278 (6) (e) 1. c. An intermediate care facility for persons with mental retardation an intellectual disability that has a plan of closure or significant reduction in capacity approved by the department and that intends to close or significantly reduce its capacity within 60 months.

SB377, s. 11 Section 11. 46.284 (2) (c) of the statutes is amended to read:

SB377,5,18 46.284 (2) (c) The department shall require, as a term of any contract with a care management organization under this section, that the care management organization contract for the provision of services that are covered under the family care benefit with any community-based residential facility under s. 50.01 (1g), residential care apartment complex under s. 50.01 (1d), nursing home under s. 50.01 (3), intermediate care facility for the mentally retarded persons with an intellectual disability under s. 50.14 (1) (b), community rehabilitation program, home health agency under s. 50.49 (1) (a), provider of day services, or provider of personal care, as defined in s. 50.01 (4o), that agrees to accept the reimbursement rate that the care management organization pays under contract to similar providers for the same service and that satisfies any applicable quality of care, utilization, or other criteria that the care management organization requires of other providers with which it contracts to provide the same service.

SB377, s. 12 Section 12. 49.43 (7) (b) 1. of the statutes is amended to read:

SB377,5,24 49.43 (7) (b) 1. Licensed or approved under state law for the mentally retarded individuals with an intellectual disability or persons with related conditions, the primary purpose of which is to provide health or rehabilitative services for mentally retarded individuals with an intellectual disability according to rules promulgated by the department; and

SB377, s. 13 Section 13. 49.45 (6m) (ar) 1. c. of the statutes is amended to read:

SB377,6,6 49.45 (6m) (ar) 1. c. If a facility has an approved program for provision of service to mentally retarded residents who have an intellectual disability, residents dependent upon ventilators, or residents requiring supplemental skilled care due to complex medical conditions, a supplement to the direct care component of the facility rate under subd. 1. b. may be made to that facility according to a method developed by the department.

SB377, s. 14 Section 14. 49.45 (6m) (bg) of the statutes is amended to read:

SB377,6,13 49.45 (6m) (bg) The department shall determine payment levels for the provision of skilled, intermediate, limited, personal or residential care or care for the mentally retarded individuals with an intellectual disability in the state centers for the developmentally disabled and in a Wisconsin veterans home operated by the department of veterans affairs under s. 45.50 separately from the payment principles, applicable costs and methods established under this subsection.

SB377, s. 15 Section 15. 49.45 (30m) (a) 2. of the statutes is amended to read:

SB377,6,17 49.45 (30m) (a) 2. Services in an intermediate care facility for persons with mental retardation an intellectual disability, as defined in s. 46.278 (1m) (am), other than a state center for the developmentally disabled.

SB377, s. 16 Section 16. 50.04 (2r) of the statutes is amended to read:

SB377,7,2 50.04 (2r) Admissions requiring approval. Except in an emergency, a nursing home that is not certified as a provider of medical assistance or that is an intermediate care facility for persons with mental retardation an intellectual disability, as defined in s. 46.278 (1m) (am), or an institution for mental diseases, as defined under 42 CFR 435.1009, may not admit as a resident an individual who has a developmental disability, as defined in s. 51.01 (5), or who is both under age 65 and has mental illness, as defined in s. 51.01 (13), unless the county department under s. 46.23, 51.42 or 51.437 of the individual's county of residence has recommended the admission.

SB377, s. 17 Section 17. 50.04 (4) (dm) of the statutes is amended to read:

SB377,7,11 50.04 (4) (dm) Inspection fee. If the department takes enforcement action against a nursing home, including an intermediate care facility for the mentally retarded persons with an intellectual disability, as defined in 42 USC 1396d (d) s. 50.14 (1) (b), for a violation of this subchapter or rules promulgated under it or for a violation of a requirement under 42 USC 1396r, and the department subsequently conducts an on-site inspection of the nursing home to review the nursing home's action to correct the violation, the department may, unless the nursing home is operated by the state, impose a $200 inspection fee on the nursing home.

SB377, s. 18 Section 18. 50.14 (1) (a) of the statutes is amended to read:

SB377,7,15 50.14 (1) (a) Notwithstanding s. 50.01 (1m), "facility" means a nursing home or an intermediate care facility for persons with mental retardation an intellectual disability that is not located outside the state.

SB377, s. 19 Section 19. 50.14 (1) (b) of the statutes is amended to read:

SB377,7,19 50.14 (1) (b) "Intermediate care facility for persons with mental retardation an intellectual disability" has the meaning given for "intermediate care facility for the mentally retarded" under 42 USC 1396d (d).

SB377, s. 20 Section 20. 50.14 (2) (bm) of the statutes is amended to read:

SB377,8,2 50.14 (2) (bm) For intermediate care facilities for persons with mental retardation an intellectual disability, an amount calculated by multiplying the projected annual gross revenues of all intermediate care facilities for persons with mental retardation an intellectual disability in this state by 0.055, dividing the product by the number of licensed beds of intermediate care facilities for persons with mental retardation an intellectual disability in this state and dividing the quotient by 12.

SB377, s. 21 Section 21. 50.14 (2m) of the statutes is amended to read:

SB377,8,10 50.14 (2m) Prior to each state fiscal year, the department shall calculate the amount of the assessment under sub. (2) (bm) that shall apply during the fiscal year. The department may reduce the assessment amount during a state fiscal year to avoid collecting for the fiscal year an amount in bed assessment receipts under sub. (2) (bm) that exceeds 5.5 percent of the aggregate gross revenues for intermediate care facilities for the mentally retarded persons with an intellectual disability for the fiscal year.

SB377, s. 22 Section 22. 51.01 (5) (a) of the statutes is amended to read:

SB377,8,19 51.01 (5) (a) "Developmental disability" means a disability attributable to brain injury, cerebral palsy, epilepsy, autism, Prader-Willi syndrome, mental retardation intellectual disability, or another neurological condition closely related to mental retardation an intellectual disability or requiring treatment similar to that required for individuals with mental retardation an intellectual disability, which has continued or can be expected to continue indefinitely and constitutes a substantial handicap to the afflicted individual. "Developmental disability" does not include dementia that is primarily caused by degenerative brain disorder.

SB377, s. 23 Section 23. 51.06 (8) (a) 1. of the statutes is amended to read:

SB377,8,23 51.06 (8) (a) 1. "Intermediate care facility for persons with mental retardation an intellectual disability" has the meaning given for "intermediate care facility for the mentally retarded" under 42 USC 1396d (d).

SB377, s. 24 Section 24. 51.06 (8) (b) (intro.) of the statutes is amended to read:

SB377,9,7 51.06 (8) (b) (intro.) Annually by October 1, the department shall submit to the joint committee on finance and to the appropriate standing committees of the legislature under s. 13.172 (3) a report that includes information collected from the previous fiscal year on the relocation or diversion of individuals who are Medical Assistance eligibles or recipients from nursing homes, intermediate care facilities for persons with mental retardation an intellectual disability, and centers for the developmentally disabled. The report shall include all of the following information:

SB377, s. 25 Section 25. 51.06 (8) (b) 4. of the statutes is amended to read:

SB377,9,14 51.06 (8) (b) 4. An accounting of the costs and savings under the Medical Assistance program of relocations and diversions and the resulting reduction in capacity for services of nursing homes, intermediate care facilities for persons with mental retardation an intellectual disability, and centers for the developmentally disabled. The accounting shall include the per individual savings as well as the collective savings of relocations and diversions.

SB377, s. 26 Section 26. 51.06 (8) (b) 7. of the statutes is amended to read:

SB377,9,21 51.06 (8) (b) 7. Staff turnover rates for nursing homes, intermediate care facilities for persons with mental retardation an intellectual disability, and centers for the developmentally disabled in communities in which an individual relocated or diverted from a nursing home, intermediate care facility for persons with mental retardation an intellectual disability, or center for the developmentally disabled currently resides.

SB377, s. 27 Section 27. 51.42 (6m) (intro.) of the statutes is amended to read:

SB377,9,25 51.42 (6m) County community programs director in certain counties with a county executive or county administrator. (intro.) In any county with a county executive or county administrator in which the county board of supervisors has established a single-county department of community programs, the county executive or county administrator shall appoint and supervise the county community programs director. In any county with a population of 500,000 or more, the county executive or county administrator shall appoint the director of the county department of human services under s. 46.21 as the county community programs director. The appointment of a county community programs director under this subsection shall be on the basis of recognized and demonstrated interest in and knowledge of the problems of mental health, mental retardation intellectual disability, alcoholism and drug addiction, with due regard to training, experience, executive and administrative ability, and general qualification and fitness for the performance of the duties of the director. The appointment of a county community programs director under this subsection is subject to confirmation by the county board of supervisors unless the county board of supervisors, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63. The county community programs director, subject only to the supervision of the county executive or county administrator, shall:

SB377, s. 28 Section 28. 51.437 (4g) (c) of the statutes is amended to read:

SB377,10,22 51.437 (4g) (c) In a county with a population of 500,000 or more, the county board of supervisors shall integrate day care programs for mentally retarded persons with an intellectual disability and those programs for persons with other developmental disabilities into the county developmental disabilities program.

SB377, s. 29 Section 29. 51.62 (4) of the statutes is amended to read:

SB377,11,3 51.62 (4) Departmental duties. The department shall provide the protection and advocacy agency with copies of annual surveys and plans of correction for intermediate care facilities for persons with mental retardation an intellectual disability on or before the first day of the 2nd month commencing after completion of the survey or plan.

SB377, s. 30 Section 30. 54.01 (8) of the statutes is amended to read:

SB377,11,13 54.01 (8) "Developmental disability" means a disability attributable to mental retardation intellectual disability, cerebral palsy, epilepsy, autism, or another neurological condition closely related to mental retardation an intellectual disability or requiring treatment similar to that required for individuals with mental retardation an intellectual disability, which has continued or can be expected to continue indefinitely, substantially impairs an individual from adequately providing for his or her own care or custody, and constitutes a substantial handicap to the afflicted individual. The term does not include dementia that is primarily caused by degenerative brain disorder.

SB377, s. 31 Section 31. 55.01 (2) of the statutes is amended to read:

SB377,11,23 55.01 (2) "Developmental disability" means a disability attributable to mental retardation intellectual disability, cerebral palsy, epilepsy, autism or another neurological condition closely related to mental retardation an intellectual disability or requiring treatment similar to that required for individuals with mental retardation an intellectual disability, which has continued or can be expected to continue indefinitely, substantially impairs an individual from adequately providing for his or her own care or custody, and constitutes a substantial handicap to the afflicted individual. The term does not include dementia that is primarily caused by degenerative brain disorder.

SB377, s. 32 Section 32. 58.05 (title) of the statutes is amended to read:

SB377,12,2 58.05 (title) Private institutions for persons who are mentally ill or retarded have an intellectual disability.

SB377, s. 33 Section 33. 58.05 (1) of the statutes is amended to read:

SB377,12,11 58.05 (1) The articles of organization of any corporation organized under the laws of this state for the establishment and maintenance of any hospital or other institution for the care, treatment or relief of persons who are mentally ill or retarded have an intellectual disability may contain provisions authorizing it to receive general, special, permanent or temporary endowments and to secure the repayment of the same in accordance with the terms and conditions upon which they may be made by a mortgage upon its real or personal property, or both, or otherwise, in the manner in such articles provided.

SB377, s. 34 Section 34. 146.40 (1) (bt) of the statutes is amended to read:

SB377,12,15 146.40 (1) (bt) "Intermediate care facility for persons with mental retardation an intellectual disability" has the meaning given for "intermediate care facility for the mentally retarded" under 42 USC 1396d (d).

SB377, s. 35 Section 35. 146.40 (2) (intro.) of the statutes is amended to read:

SB377,12,21 146.40 (2) (intro.) A hospital, nursing home, intermediate care facility for persons with mental retardation an intellectual disability, home health agency, or hospice may not employ or contract for the services of an individual as a nurse aide, regardless of the title under which the individual is employed or contracted for, unless one of the following is true: