SB21: Bill Text

SB21,1855 Section 1855. 49.857 (1) (d) 8. of the statutes is amended to read:

SB21,743,12 49.857 (1) (d) 8. A license issued under s. 102.17 (1) (c), 104.07 or 105.05.

SB21,1856 Section 1856. 49.857 (1) (d) 20. of the statutes is amended to read:

SB21,743,15 49.857 (1) (d) 20. A license issued under s. 102.17 (1) (c), 628.04, 628.92 (1), 632.69 (2), or 633.14 or a temporary license issued under s. 628.09.

SB21,1857 Section 1857. 50.01 (1g) (i) of the statutes is created to read:

SB21,743,19 50.01 (1g) (i) A facility licensed as a foster home, group home, or residential care center for children and youth that provides care and maintenance for persons specified in s. 48.599 (1g) or 48.619.

SB21,1858 Section 1858. 50.034 (5m) of the statutes is amended to read:

SB21,744,3 50.034 (5m) Provision of information required. Subject to sub. (5p), when a residential care apartment complex first provides written material regarding the residential care apartment complex to a prospective resident, the residential care apartment complex shall also provide the prospective resident information specified by the department concerning the services of a resource center or other entity under s. 46.283, the family care benefit under s. 46.286, and the availability of a functional screening and a financial and cost-sharing screening to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

SB21,1859 Section 1859. 50.034 (5n) (intro.) of the statutes is amended to read:

SB21,744,11 50.034 (5n) Required referral. (intro.) Subject to sub. (5p), when a residential care apartment complex first provides written material regarding the residential care apartment complex to a prospective resident who is at least 65 years of age or has developmental disability or a physical disability and whose disability or condition is expected to last at least 90 days, the residential care apartment complex shall refer the prospective resident to a resource center or other entity under s. 46.283, unless any of the following applies:

SB21,1860 Section 1860. 50.034 (5n) (a) of the statutes is amended to read:

SB21,744,16 50.034 (5n) (a) For a person for whom a screening for functional eligibility under s. 46.286 (1) (a) has been performed within the previous 6 months, the referral under this subsection need not include performance of an additional functional screening under s. 46.283 (4) (g) (3) (o).

SB21,1861 Section 1861. 50.034 (5n) (d) of the statutes is amended to read:

SB21,744,23 50.034 (5n) (d) For a person who seeks admission or is about to be admitted on a private pay basis and who waives the requirement for a financial and cost-sharing screening under s. 46.283 (4) (g) (3) (o), the referral under this subsection may not include performance of a financial and cost-sharing screening under s. 46.283 (4) (g) (3) (o), unless the person is expected to become eligible for medical assistance within 6 months.

SB21,1862 Section 1862. 50.034 (5p) of the statutes is amended to read:

SB21,745,5 50.034 (5p) Applicability. Subsections (5m) and (5n) apply only if the secretary has certified under s. 46.281 (3) that a resource center or other entity is available for the residential care apartment complex and for specified groups of eligible individuals that include those persons seeking admission to or the residents of the residential care apartment complex.

SB21,1863 Section 1863. 50.034 (6) of the statutes is amended to read:

SB21,745,12 50.034 (6) Funding. Funding for supportive, personal or nursing services that a person who resides in a residential care apartment complex receives, other than private or 3rd-party funding, may be provided only under s. 46.27 (11) (c) 7. or 46.277 (5) (e), except if the provider of the services is a certified medical assistance provider under s. 49.45 or if the funding is provided as a family care benefit under ss. the family care program as defined in s. 46.2805 to 46.2895 (4m).

SB21,1864 Section 1864. 50.035 (4m) of the statutes is amended to read:

SB21,745,22 50.035 (4m) Provision of information required. Subject to sub. (4p), when a community-based residential facility first provides written material regarding the community-based residential facility to a prospective resident, the community-based residential facility shall also provide the prospective resident information specified by the department concerning the services of a resource center or other entity under s. 46.283, the family care benefit under s. 46.286, and the availability of a functional screening and a financial and cost-sharing screening to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

SB21,1865 Section 1865. 50.035 (4n) (intro.) of the statutes is amended to read:

SB21,746,9 50.035 (4n) Required referral. (intro.) When a community-based residential facility first provides written information regarding the community-based residential facility to a prospective resident who is at least 65 years of age or has developmental disability or a physical disability and whose disability or condition is expected to last at least 90 days, the community-based residential facility shall refer the individual to a resource center or other entity under s. 46.283 or, if the secretary has not certified under s. 46.281 (3) that a resource center or other entity is available in the area of the community-based residential facility to serve individuals in an eligibility group to which the prospective resident belongs, to the county department that administers a program under ss. 46.27 or 46.277, unless any of the following applies:

SB21,1866 Section 1866. 50.035 (4n) (a) of the statutes is amended to read:

SB21,746,14 50.035 (4n) (a) For a person for whom a screening for functional eligibility under s. 46.286 (1) (a) has been performed within the previous 6 months, the referral under this subsection need not include performance of an additional functional screening under s. 46.283 (4) (g) (3) (o).

SB21,1867 Section 1867. 50.035 (4n) (d) of the statutes is amended to read:

SB21,746,21 50.035 (4n) (d) For a person who seeks admission or is about to be admitted on a private pay basis and who waives the requirement for a financial and cost-sharing screening under s. 46.283 (4) (g) (3) (o), the referral under this subsection may not include performance of a financial and cost-sharing screening under s. 46.283 (4) (g) (3) (o), unless the person is expected to become eligible for medical assistance within 6 months.

SB21,1868 Section 1868. 50.035 (4p) of the statutes is amended to read:

SB21,747,2 50.035 (4p) Applicability. Subsection (4m) applies only if the secretary has certified under s. 46.281 (3) that a resource center or other entity is available for the community-based residential facility and for specified groups of eligible individuals that include those persons seeking admission to or the residents of the community-based residential facility.

SB21,1869 Section 1869. 50.04 (2g) (a) of the statutes is amended to read:

SB21,747,9 50.04 (2g) (a) Subject to sub. (2i), a nursing home shall, within the time period after inquiry by a prospective resident that is prescribed by the department by rule, inform the prospective resident of the services of a resource center or other entity under s. 46.283, the family care benefit under s. 46.286, and the availability of a functional screening and a financial and cost-sharing screening to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

SB21,1870 Section 1870. 50.04 (2h) (a) (intro.) of the statutes is amended to read:

SB21,747,15 50.04 (2h) (a) (intro.) Subject to sub. (2i), a nursing home shall, within the time period prescribed by the department by rule, refer to a resource center or other entity under s. 46.283 a person who is seeking admission, who is at least 65 years of age or has developmental disability or physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:

SB21,1871 Section 1871. 50.04 (2h) (a) 1. of the statutes is amended to read:

SB21,747,20 50.04 (2h) (a) 1. For a person for whom a screening for functional eligibility under s. 46.286 (1) (a) has been performed within the previous 6 months, the referral under this paragraph need not include performance of an additional functional screening under s. 46.283 (4) (g) (3) (o).

SB21,1872 Section 1872. 50.04 (2h) (a) 4. of the statutes is amended to read:

SB21,748,2 50.04 (2h) (a) 4. For a person who seeks admission or is about to be admitted on a private pay basis and who waives the requirement for a financial and cost-sharing screening under s. 46.283 (4) (g) (3) (o), the referral under this subsection may not include performance of a financial and cost-sharing screening under s. 46.283 (4) (g) (3) (o), unless the person is expected to become eligible for medical assistance within 6 months.

SB21,1873 Section 1873. 50.04 (2i) of the statutes is amended to read:

SB21,748,7 50.04 (2i) Applicability. Subsections (2g) and (2h) apply only if the secretary has certified under s. 46.281 (3) that a resource center or other entity is available for the nursing home and for specified groups of eligible individuals that include those persons seeking admission to or the residents of the nursing home.

SB21,1874 Section 1874. 50.04 (2m) (b) of the statutes is amended to read:

SB21,748,11 50.04 (2m) (b) Paragraph (a) does not apply to those residents for whom the secretary has certified under s. 46.281 (3) that a resource center or other entity is available.

SB21,1875 Section 1875. 50.06 (7) of the statutes is amended to read:

SB21,748,23 50.06 (7) An individual who consents to an admission under this section may request that an assessment be conducted for the incapacitated individual under the long-term support community options program under s. 46.27 (6) or, if the secretary has certified under s. 46.281 (3) that a resource center or other entity is available for the individual, a functional screening and a financial and cost-sharing screening to determine eligibility for the family care benefit under s. 46.286 (1). If admission is sought on behalf of the incapacitated individual or if the incapacitated individual is about to be admitted on a private pay basis, the individual who consents to the admission may waive the requirement for a financial and cost-sharing screening under s. 46.283 (4) (g) (3) (o), unless the incapacitated individual is expected to become eligible for medical assistance within 6 months.

SB21,1876 Section 1876. 50.38 (10) of the statutes is amended to read:

SB21,749,7 50.38 (10) In each state fiscal year, the secretary of administration shall transfer from the critical access hospital assessment fund to the Medical Assistance trust fund an amount equal to the amount collected under sub. (2) (b) minus the state share of the amount required to be expended under s. 49.45 (3) (e) 12., minus the amounts appropriated under s. 20.285 (1) (qe) and (qj), and minus any refunds paid to critical access hospitals from the critical access hospital assessment fund under sub. (6m) (a) in that fiscal year.

SB21,1877 Section 1877. 50.49 (6m) (b) of the statutes is amended to read:

SB21,749,9 50.49 (6m) (b) A program specified in s. 46.2805 (1) (a) (9m).

SB21,1878 Section 1878. 50.49 (6m) (c) of the statutes is amended to read:

SB21,749,11 50.49 (6m) (c) A demonstration program specified in s. 46.2805 (1) (b) (4k).

SB21,1879 Section 1879. 50.92 (3m) of the statutes is created to read:

SB21,749,16 50.92 (3m) The department may conduct plan reviews of all capital construction and remodeling of structures that are owned or leased for operation of a hospice. The department shall promulgate rules that establish a fee schedule for its services in conducting the plan reviews under this subsection.

SB21,1880 Section 1880. 51.06 (8) (b) 6. of the statutes is amended to read:

SB21,749,23 51.06 (8) (b) 6. The extent of Medical Assistance provided to relocated or diverted individuals that is in addition to Medical Assistance provided to the individuals under s. 46.27 (11), 46.275, 46.277, or 46.278, as a under the family care benefit under ss. program as defined in s. 46.2805 to 46.2895 (4m), or under any other home-based or community-based program for which the department has received a waiver under 42 USC 1396n (c).

SB21,1881 Section 1881. 51.15 (2) of the statutes is amended to read:

SB21,750,15 51.15 (2) Facilities for detention. The law enforcement officer or other person authorized to take a child into custody under ch. 48 or to take a juvenile into custody under ch. 938 shall transport the individual, or cause him or her to be transported, for detention, if the county department of community programs in the county in which the individual was taken into custody approves the need for detention, and for evaluation, diagnosis, and treatment if permitted under sub. (8). The county department may approve the detention only if a physician who has completed a residency in psychiatry, a psychologist licensed under ch. 455, or a mental health professional has performed a crisis assessment on the individual and agrees with the need for detention and the county department reasonably believes the individual will not voluntarily consent to evaluation, diagnosis, and treatment necessary to stabilize the individual and remove the substantial probability of physical harm, impairment, or injury to himself, herself, or others. Detention may only be in a treatment facility approved by the department or the county department, if the facility agrees to detain the individual, or a state treatment facility.

SB21,1882 Section 1882. 51.15 (4) of the statutes is repealed.

SB21,1883 Section 1883. 51.15 (4m) of the statutes is repealed.

SB21,1884 Section 1884. 51.15 (5) of the statutes is amended to read:

SB21,751,14 51.15 (5) Detention procedure; other counties. In counties having a population of less than 750,000, the The law enforcement officer or other person authorized to take a child into custody under ch. 48 or to take a juvenile into custody under ch. 938 shall sign a statement of emergency detention that shall provide detailed specific information concerning the recent overt act, attempt, or threat to act or omission on which the belief under sub. (1) is based and the names of persons observing or reporting the recent overt act, attempt, or threat to act or omission. The law enforcement officer or other person is not required to designate in the statement whether the subject individual is mentally ill, developmentally disabled, or drug dependent, but shall allege that he or she has cause to believe that the individual evidences one or more of these conditions. The statement of emergency detention shall be filed by the officer or other person with the detention facility at the time of admission, and with the court immediately thereafter. The filing of the statement has the same effect as a petition for commitment under s. 51.20. When, upon the advice of the treatment staff, the director of a facility specified in sub. (2) determines that the grounds for detention no longer exist, he or she shall discharge the individual detained under this section. Unless a hearing is held under s. 51.20 (7) or 55.135, the subject individual may not be detained by the law enforcement officer or other person and the facility for more than a total of 72 hours after the individual is taken into custody for the purposes of emergency detention, exclusive of Saturdays, Sundays, and legal holidays.

SB21,1885 Section 1885. 51.15 (7) of the statutes is amended to read:

SB21,752,6 51.15 (7) Intercounty agreements. Counties may enter into contracts whereby one county agrees to conduct commitment hearings for individuals who are detained in that county but who are taken into custody under this section in another county. Such contracts shall include provisions for reimbursement to the county of detention for all reasonable direct and auxiliary costs of commitment proceedings conducted under this section and s. 51.20 by the county of detention concerning individuals taken into custody in the other county and shall include provisions to cover the cost of any voluntary or involuntary services provided under this chapter to the subject individual as a result of proceedings or conditional suspension of proceedings resulting from the notification of detention. Where there is such a contract binding the county where the individual is taken into custody and the county where the individual is detained, the statements of detention specified in subs. (4) and sub. (5) and the notification specified in sub. (4) shall be filed with the court having probate jurisdiction in the county of detention, unless the subject individual requests that the proceedings be held in the county in which the individual is taken into custody.

SB21,1886 Section 1886. 51.15 (12) of the statutes is amended to read:

SB21,752,9 51.15 (12) Penalty. Whoever signs a statement under sub. (4), (5) or (10) knowing the information contained therein to be false is guilty of a Class H felony.

SB21,1887 Section 1887. 51.20 (4) (c) of the statutes is amended to read:

SB21,752,12 51.20 (4) (c) Paragraph (b) does not apply to a petition originating under s. 51.15 (4), (5), or (10).

SB21,1888 Section 1888. 51.22 (3) of the statutes is amended to read:

SB21,753,2 51.22 (3) Whenever an admission is made through the department, the department shall determine the need for inpatient care of the individual to be admitted. Unless a state-operated facility is used, the department may only authorize care in an inpatient facility which is operated by or under a purchase of service contract with a county department under s. 51.42 or 51.437 or an inpatient facility which is under a contractual agreement with the department. Except in the case of state treatment facilities, the department shall reimburse the facility for the actual cost of all authorized care and services from the appropriation under s. 20.435 (7) (5) (da). For collections made under the authority of s. 46.10 (16), moneys shall be credited or remitted to the department no later than 60 days after the month in which collections are made. Such collections are also subject to s. 46.036 or special agreement. Collections made by the department under ss. 46.03 (18) and 46.10 shall be deposited in the general fund.

SB21,1889 Section 1889. 51.35 (2) of the statutes is amended to read:

SB21,753,11 51.35 (2) Transfer of certain developmentally disabled patients. The department may authorize a transfer of a patient from a center for the developmentally disabled to a state treatment facility if the patient is mentally ill and exhibits conduct which constitutes a danger as described in s. 51.20 (1) (a) 2. to himself or herself or to others in the treatment facility where he or she is present. The department shall file a statement of emergency detention with the committing court within 24 hours after receiving the person for emergency detention. The statement shall conform to the requirements specified in s. 51.15 (4) (5).

SB21,1890 Section 1890. 51.35 (3) (e) of the statutes is amended to read:

SB21,754,9 51.35 (3) (e) The department of corrections may authorize emergency transfer of an individual from a juvenile correctional facility or a secured residential care center for children and youth to a state treatment facility if there is cause to believe that the individual has a mental illness, drug dependency, or developmental disability and exhibits conduct that constitutes a danger as described under s. 51.20 (1) (a) 2. a., b., c., or d. to the individual or to others, has a mental illness, is dangerous, and satisfies the standard under s. 51.20 (1) (a) 2. e., or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The custodian of the sending juvenile correctional facility or secured residential care center for children and youth shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health services shall file the statement or petition with the court within 24 hours after the subject individual is received for detention or commitment. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the juvenile correctional facility or secured residential care center for children and youth from which the transfer was made. As an alternative to this procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that no individual may be released without the approval of the court that directed confinement in the juvenile correctional facility or secured residential care center for children and youth.

SB21,1891 Section 1891. 51.37 (5) (b) of the statutes is amended to read:

SB21,755,3 51.37 (5) (b) The department of corrections may authorize an emergency transfer of an individual from a prison, jail or other criminal detention facility to a state treatment facility if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and exhibits conduct which constitutes a danger as described in s. 51.20 (1) (a) 2. a., b., c. or d. of physical harm to himself or herself or to others, or is mentally ill and satisfies the standard under s. 51.20 (1) (a) 2. e. or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The correctional custodian of the sending institution shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health services shall file the statement or petition with the court within 24 hours after receiving the subject individual for detention. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the institution from which the transfer was made. As an alternative to this procedure, the emergency detention procedure in s. 51.15 or 51.45 (12) may be used, except that no prisoner may be released without the approval of the court which directed confinement in the institution.

SB21,1892 Section 1892. 51.42 (1) (b) of the statutes is amended to read:

SB21,756,11 51.42 (1) (b) County liability. The county board of supervisors except in Milwaukee County, has the primary responsibility for the well-being, treatment and care of the mentally ill, developmentally disabled, alcoholic and other drug dependent citizens residing within its county and for ensuring that those individuals in need of such emergency services found within its county receive immediate emergency services. In Milwaukee County, the Milwaukee County mental health board has the primary responsibility for the well-being, treatment and care of the mentally ill, alcoholic, and other drug dependent citizens residing within Milwaukee County and for ensuring that those individuals in need of such emergency services found within Milwaukee County receive immediate emergency services. The county board of supervisors of Milwaukee County has the primary responsibility for the well-being, treatment, and care of the developmentally disabled citizens residing within Milwaukee County, except where the responsibility is delegated explicitly under this section to the Milwaukee County mental health board, and for ensuring that developmentally disabled individuals in need of such emergency services found within Milwaukee County receive immediate emergency services. This primary responsibility is limited to the programs, services and resources that the county board of supervisors, or, as applicable, the Milwaukee County mental health board, 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. County liability for care and services purchased through or provided by a county department of community programs established under this section shall be based upon the client's county of residence except for emergency services for which liability shall be placed with the county in which the individual is found. For the purpose of establishing county liability, "emergency services" includes those services provided under the authority of s. 55.05 (4), 2003 stats., or s. 55.06 (11) (a), 2003 stats., or s. 51.15, 51.45 (11) (a) or (b) or (12), 55.13, or 55.135 for not more than 72 hours. Nothing in this paragraph prevents recovery of liability under s. 46.10 or any other statute creating liability upon the individual receiving a service or any other designated responsible party, or prevents reimbursement by the department of health services for the actual cost of all care and services from the appropriation under s. 20.435 (7) (5) (da), as provided in s. 51.22 (3).

SB21,1893 Section 1893. 51.42 (3) (ar) 17. of the statutes is amended to read:

SB21,756,15 51.42 (3) (ar) 17. If authorized under s. 46.283 (1) (a) 1., apply to the department of health services to operate a resource center under s. 46.283 and, if the department contracts with the county under s. 46.283 (2), operate the resource center.

SB21,1894 Section 1894. 51.42 (3) (ar) 18. of the statutes is amended to read:

SB21,756,20 51.42 (3) (ar) 18. If authorized under s. 46.284 (1) (a) 1., apply to the department of health services to operate a care management organization under s. 46.284 and, if the department contracts with the county under s. 46.284 (2), operate the care management organization and, if appropriate, place funds in a risk reserve.

SB21,1895 Section 1895. 51.42 (3) (e) of the statutes is amended to read:

SB21,757,12 51.42 (3) (e) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c), and 938.78 (2) (a), any subunit of a county department of community programs or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of community programs or tribal agency, with a resource center or other contracted entity under s. 46.283 (2), a care management organization, or a long-term care district, or with any person providing services to the client under a purchase of services contract with the county department of community programs or tribal agency or with a resource center or other contracted entity under s. 46.283 (2), care management organization, or long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of community programs or tribal agency to coordinate the delivery of services to the client. Any agency releasing information under this paragraph shall document that a request was received and what information was provided.

SB21,1896 Section 1896 . 51.42 (3) (e) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,758,5 51.42 (3) (e) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c), and 938.78 (2) (a), any subunit of a county department of community programs or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of community programs or tribal agency, with a resource center or other contracted entity under s. 46.283 (2), or a care management organization, or a long-term care district, or with any person providing services to the client under a purchase of services contract with the county department of community programs or tribal agency or with a resource center or other contracted entity under s. 46.283 (2), or care management organization, or long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of community programs or tribal agency to coordinate the delivery of services to the client. Any agency releasing information under this paragraph shall document that a request was received and what information was provided.

SB21,1897 Section 1897. 51.42 (5) (a) 13. of the statutes is repealed.

SB21,1898 Section 1898. 51.42 (6m) (o) of the statutes is repealed.

SB21,1899 Section 1899. 51.421 (3) (e) of the statutes is repealed.

SB21,1900 Section 1900. 51.423 (3) of the statutes is repealed.

SB21,1901 Section 1901. 51.437 (4m) (n) of the statutes is amended to read:

SB21,758,13 51.437 (4m) (n) If authorized under s. 46.283 (1) (a) 1., apply to the department of health services to operate a resource center under s. 46.283 and, if the department contracts with the county under s. 46.283 (2), operate the resource center.

SB21,1902 Section 1902. 51.437 (4m) (p) of the statutes is amended to read: