46.036(1)
(1) All care and services purchased by the department or by a county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437, except as provided under
subch. III of ch. 49 and
s. 301.08 (2), shall be authorized and contracted for under the standards established under this section. The department may require the county departments to submit the contracts to the department for review and approval. For purchases of $10,000 or less the requirement for a written contract may be waived by the department. No contract is required for care provided by foster homes or treatment foster homes that are required to be licensed under
s. 48.62. When the department directly contracts for services, it shall follow the procedures in this section in addition to meeting purchasing requirements established in
s. 16.75.
46.036(2)
(2) All care and services purchased shall meet standards established by the department and other requirements specified by purchaser in the contract. Based on these standards the department shall establish standards for cost accounting and management information systems that shall monitor the utilization of such services, and document the specific services in meeting the service plan for the client and the objective of the service.
46.036(3)(a)(a) Purchase of service contracts shall be written in accordance with rules promulgated and procedures established by the department. Contracts for client services shall show the total dollar amount to be purchased and for each service the number of clients to be served, number of client service units, the unit rate per client service and the total dollar amount for each service.
46.036(3)(b)
(b) Payments under a contract may be made on the basis of actual allowable costs or on the basis of a unit rate per client service multiplied by the actual client units furnished each month. The contract may be renegotiated when units vary from the contracted number. The purchaser shall determine actual marginal costs for each service unit less than or in addition to the contracted number.
46.036(3)(c)
(c) For proprietary agencies, contracts may include a percentage add-on for profit according to rules promulgated by the department.
46.036(3)(d)
(d) Reimbursement to an agency may be based on total costs agreed to by the parties regardless of the actual number of service units to be furnished, when the agency is entering into a contract for a new or expanded service that the purchaser recognizes will require a start-up period not to exceed 180 days. Such reimbursement applies only if identified client needs necessitate the establishment of a new service or expansion of an existing service.
46.036(3)(e)
(e) If the purchaser finds it necessary to terminate a contract prior to the contract expiration date for reasons other than nonperformance by the provider, actual cost incurred by the provider may be reimbursed for an amount determined by mutual agreement of the parties.
46.036(3)(f)
(f) Advance payments of up to one-twelfth of an annual contract may be allowed under the contract. If the advance payment exceeds $10,000, the provider shall supply a surety bond for an amount equal to the amount of the advance payment applied for. No surety bond is required if the provider is a state agency. The cost of the surety bond shall be allowable as an expense.
46.036(4)
(4) For purposes of this section and as a condition of reimbursement, each provider under contract shall:
46.036(4)(a)
(a) Except as provided in this paragraph, maintain a uniform double entry accounting system and a management information system which are compatible with cost accounting and control systems prescribed by the department. The department shall establish a simplified double entry bookkeeping system for use by family-operated group homes. Each purchaser shall determine whether a family-operated group home from which it purchases services shall use the double entry accounting system or the simplified system and shall include this determination in the purchase of service contract. In this paragraph, "family-operated group home" means a group home licensed under
s. 48.66 (1) for which the licensee is one or more individuals who operate not more than one group home.
46.036(4)(b)
(b) Cooperate with the department and purchaser in establishing costs for reimbursement purposes.
46.036(4)(c)
(c) Unless waived by the department, biennially, or annually if required under federal law, provide the purchaser with a certified financial and compliance audit report if the care and services purchased exceed $25,000. The audit shall follow standards that the department prescribes. A purchaser may waive the requirements of this paragraph for any family-operated group home, as defined under
par. (a), from which it purchases services.
46.036(4)(d)
(d) Transfer a client from one category of care or service to another only with the approval of the purchaser.
46.036(4)(e)
(e) Charge a uniform schedule of fees as defined under
s. 46.03 (18) unless waived by the purchaser with approval of the department. Whenever providers recover funds attributed to the client, such funds shall offset the amount paid under the contract.
46.036(5)
(5) Except as provided under
sub. (5m), the purchaser shall recover from provider agencies money paid in excess of the conditions of the contract from subsequent payments made to the provider.
46.036(5m)(a)1.
1. "Provider" means a nonprofit, nonstock corporation organized under
ch. 181 that contracts under this section to provide client services on the basis of a unit rate per client service.
46.036(5m)(a)2.
2. "Rate-based service" means a service or a group of services, as determined by the department, that is reimbursed through a prospectively set rate and that is distinguishable from other services or groups of services by the purpose for which funds are provided for that service or group of services and by the source of funding for that service or group of services.
46.036(5m)(b)1.1. Subject to
subds. 2. and
3., if revenue under a contract for the provision of a rate-based service exceeds allowable costs incurred in the contract period, the provider may retain from the surplus generated by that rate-based service up to 5% of the contract amount. A provider that retains a surplus under this subdivision shall use that retained surplus to cover a deficit between revenue and allowable costs incurred in any preceding or future contract period for the same rate-based service that generated the surplus or to address the programmatic needs of clients served by the same rate-based service that generated the surplus.
46.036(5m)(b)2.
2. Subject to
subd. 3., a provider may accumulate funds from more than one contract period under this paragraph, except that, if at the end of a contract period the amount accumulated from all contract periods for a rate-based service exceeds 10% of the amount of all current contracts for that rate-based service, the provider shall, at the request of a purchaser, return to that purchaser the purchaser's proportional share of that excess and use any of that excess that is not returned to a purchaser to reduce the provider's unit rate per client for that rate-based service in the next contract period. If a provider has held for 4 consecutive contract periods an accumulated reserve for a rate-based service that is equal to or exceeds 10% of the amount of all current contracts for that rate-based service, the provider shall apply 50% of that accumulated amount to reducing its unit rate per client for that rate-based service in the next contract period.
46.036(5m)(b)3.
3. If on December 31, 1995, the amount accumulated by a provider from all contract periods ending on or before that date for all rate-based services provided by the provider exceeds 10% of the provider's total contract amount for all rate-based services provided by the provider in 1995, the provider shall, at the request of a purchaser, return to that purchaser the purchaser's proportional share of that excess.
46.036(5m)(e)
(e) Notwithstanding this subsection, a county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437 that purchases care and services from an inpatient alcohol and other drug abuse treatment program that is not affiliated with a hospital and that is licensed as a community-based residential facility, may allocate to the program an amount that is equal to the amount of revenues received by the program that are in excess of the allowable costs incurred in the period of a contract between the program and the county department for purchase of care and services under this section. The county department may make the allocation under this paragraph only if the funds so allocated do not reduce any amount of unencumbered state aid to the county department that otherwise would lapse to the general fund.
46.036(5m)(f)
(f) All providers that are subject to this subsection shall comply with any financial reporting and auditing requirements that the department may prescribe. Those requirements shall include a requirement that a provider provide to any purchaser and the department any information that the department needs to claim federal reimbursement for the cost of any services purchased from the provider and a requirement that a provider provide audit reports to any purchaser and the department according to standards specified in the provider's contract and any other standards that the department may prescribe.
46.036(6)
(6) Contracts may be renegotiated by the purchaser under conditions specified in the contract.
46.036(7)
(7) The service provider under this section may appeal decisions of the purchaser in accordance with terms and conditions of the contract and
ch. 68 or
227.
46.037
46.037
Rates for residential child care centers and group homes. 46.037(1)(1) Subject to
sub. (1m), each residential child care center and each group home, as defined in
s. 48.02 (7), that is licensed under
s. 48.625 and incorporated under
ch. 180,
181 or
185 shall establish a per client rate for its services and shall charge all purchasers the same rate.
46.037(1m)
(1m) Notwithstanding
sub. (1), a county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437 or a group of those county departments and a residential child care center or group home, as described in
sub. (1), may negotiate a per client rate for the services of that residential child care center or group home, if that county department or the county departments in that group of county departments agree to place 75% or more of the residents of that residential child care center or group home during the period for which that rate is effective. A residential child care center or group home that negotiates a per client rate under this subsection shall charge that rate to all purchasers of its services.
46.037(2)
(2) A residential child care center or a group home, as described in
sub. (1) or
(1m), shall submit to the department the rate it charges and any change in that rate before a charge is made to any purchaser. The department shall provide forms and instructions for the submission of rates and changes in rates under this subsection and a residential child care center or a group home that is required to submit a rate or a change in a rate under this subsection shall submit that rate or change in a rate using those forms and instructions.
46.037(3)
(3) The department may require an audit of any residential child care center or group home, as described in
sub. (1) or
(1m), for the purpose of collecting federal funds.
46.037 History
History: 1981 c. 20;
1993 a. 380.
46.04
46.04
Anchorage program. 46.04(1)(1)
Definitions. In this section:
46.04(1)(a)
(a) "Adolescent" means an individual who is at least 12 years of age and under 18 years of age.
46.04(2)
(2) Program. From the appropriations under
s. 20.435 (2) (a) and
(gk), the department shall establish at the Winnebago mental health institute a program of inpatient assessment and treatment to be known as the "Anchorage program", which is designed primarily to meet the needs of adolescents who are drug dependent, who evidence drug-related behavior which may be dangerous to the adolescent or to others and who have a history of drug dependency and resistance to less restrictive forms of treatment, but which also may be used by the department to provide inpatient assessment and treatment of adolescents who have mental illness, who evidence mental illness-related behavior that may be dangerous to the adolescent or to others and who have a history of mental illness and resistance to less restrictive forms of treatment. A county department under
s. 51.42 may refer an adolescent for assessment or treatment under this section and shall approve all admissions to the program under this section of adolescents committed under
s. 51.20 or
51.45 or admitted under
s. 51.13. Transfers under
s. 51.35 (3) or
51.37 (5) may also be made to the program under this section.
46.04 History
History: 1987 a. 96;
1993 a. 16.
46.041
46.041
Children's consultation service; establishment; purposes. 46.041(1)(1) A program to be known as the "children's consultation service" shall be provided. The service shall be established at Mendota mental health institute or Winnebago mental health institute, or at both institutions. The service shall:
46.041(1)(a)
(a) Provide for the temporary residence and evaluation of children referred from courts assigned to exercise jurisdiction under
chs. 48 and
938, the institutions and services under the jurisdiction of the department, University of Wisconsin Hospitals and Clinics Authority, county departments under
s. 46.215,
46.22 or
46.23, private child welfare agencies, schools for the deaf and visually handicapped, and mental health facilities within the state at the discretion of the superintendent.
46.041(1)(b)
(b) Promote the development of preventive mental health services to children in communities by participating in the training of mental health personnel, by demonstration of methods of evaluation, care and treatment, by assisting in the assessment of community services and the development of the most effective coordination between the institution and the community, and by offering services when community resources need to be supplemented.
46.042
46.042
Treatment program for emotionally disturbed children. The department shall establish a program for the intensive treatment of emotionally disturbed children. The program shall be operated by Mendota mental health institute and be subject to all federal and state laws, rules and regulations which apply to the institute. Operational planning shall provide close interrelationship between the department and the university of Wisconsin medical school for conduct of educational and research programs.
46.042 History
History: 1975 c. 224;
1977 c. 29.
46.044
46.044
State psychiatric institute. There is established the state psychiatric institute to be maintained as a department of the university of Wisconsin-Madison. The statutes relating to admission, commitment, placement, transfer, custody and discharge of mentally ill persons are applicable to the psychiatric institute.
46.044 History
History: 1975 c. 430;
1977 c. 26.
46.047
46.047
State-operated residential facilities and support services. The department may establish and operate noninstitutional residential facilities for persons who are relocated from any center for the developmentally disabled, as defined in
s. 51.01 (3), and may provide necessary support services for the persons.
46.047 History
History: 1993 a. 16.
46.048
46.048
Central Wisconsin center for the developmentally disabled. There is established a new institution to be located near the city of Madison and to be known as the central Wisconsin center for the developmentally disabled. The department, with the approval of the governor, is authorized to purchase lands for a suitable site and to erect and equip such buildings as it deems necessary from funds appropriated for the long-range building program. Such institution when constructed shall be maintained and operated by the department and all laws pertaining to the care of mentally deficient patients shall apply.
46.048 History
History: 1975 c. 189 s.
99 (2);
1975 c. 430 s.
78.
46.056
46.056
Wisconsin resource center. 46.056(1)
(1) The department shall establish the Wisconsin resource center on the grounds of the Winnebago mental health institute near Oshkosh. Notwithstanding
s. 301.03, the department shall have responsibility for administering the center as a correctional institution that provides psychological evaluations, specialized learning programs, training and supervision for inmates whose behavior presents a serious problem to themselves or others in state prisons and whose mental health needs can be met at the center.
46.056(2)
(2) Notwithstanding
sub. (1), the correctional officers providing security at the Wisconsin resource center are employes of the department of corrections.
46.056 History
History: 1981 c. 20;
1989 a. 31,
107.
46.056 Annotation
Rights and responsibilities of counties in prisoner transfers to Wisconsin resource center discussed.
71 Atty. Gen. 170.
46.057
46.057
Mendota juvenile treatment center. 46.057(1)
(1) The department shall establish, maintain and operate the Mendota juvenile treatment center on the grounds of the Mendota Mental Health Institute. The department may designate staff at the Mendota Mental Health Institute as responsible for administering, and providing services at, the center. Notwithstanding
ss. 301.02,
301.03 and
301.36 (1), the department shall operate the Mendota juvenile treatment center as a secured correctional facility, as defined in
s. 938.02 (15m). The center shall not be considered a hospital, as defined in
s. 50.33 (2), an inpatient facility, as defined in
s. 51.01 (10), a state treatment facility, as defined in
s. 51.01 (15), or a treatment facility, as defined in
s. 51.01 (19). The center shall provide psychological and psychiatric evaluations and treatment for juveniles whose behavior presents a serious problem to themselves or others in other secured correctional facilities and whose mental health needs can be met at the center. With the approval of the department of health and family services, the department of corrections may transfer to the center any juvenile who has been placed in a secured correctional facility under the supervision of the department of corrections under
s. 938.183 (2),
938.34 (4h) or
(4m) or
938.357 (4) or
(5) (e) in the same manner that the department of corrections transfers juveniles between other secured correctional facilities.
46.057(2)
(2) From the appropriation under
s. 20.410 (3) (hm), the department of corrections may expend not more than $2,500,000 in fiscal year 1996-97 for services for juveniles placed at the Mendota juvenile treatment center. The department of health and family services may charge the department of corrections not more than the actual cost of providing services for juveniles under the supervision of the department of corrections who are provided services at the center.
46.057 History
History: 1995 a. 216.
46.058
46.058
Bonds of employes; police powers; investigation of complaints. 46.058(1)(1) The steward of each institution under the control of the department shall execute and file an official bond in such sum and with such sureties as the secretary prescribes. The steward shall also require any other officer or other person having the possession or custody of any money or property belonging to the state or any institution under its control or supervision to give an official bond, and from time to time renew the bond. The secretary may require a position bond whenever it appears advisable to him or her. The position bond shall have the same coverage as the official bond.
46.058(2)
(2) The superintendents of all institutions administered by the department and of all county hospitals and county homes, and the employes under them to whom they delegate police power, may arrest any person within or upon the grounds of such institutions whom they have reason to believe is guilty of any offense against the laws or regulations governing the institutions; and for that purpose they shall possess the powers of constables.
46.058(3)
(3) The department shall investigate complaints against any institution under its jurisdiction or against the officers or employes thereof. For that purpose the secretary and such officers and employes as the secretary authorizes may summon and swear witnesses, take testimony and compel the production of books and papers. The department may, on its own initiative, investigate the affairs of any institution. Any written communication or complaint addressed to the secretary by any inmate, employe or subordinate of any such institution shall be forthwith forwarded unopened to the addressee.
46.058 History
History: 1975 c. 39;
1975 c. 199 s.
138;
1979 c. 221 s.
352; Stats. 1979 s. 46.058;
1989 a. 31,
107;
1993 a. 209.
46.06
46.06
Lands; condemnation, easements, leases, sales, purchases. 46.06(1)(1)
Condemnation. When the department is authorized and desires to acquire land and is unable to agree with the owner upon the terms of purchase, or when such agreement cannot be had without unreasonable delay, the department may condemn the land in the manner prescribed in
ch. 32.
46.06(2)
(2) Easements. The department may grant easements for the extension of municipal and public utilities onto the lands of the institutions under its jurisdiction, for the purpose of connecting railroads, roads, water systems, sewers, electric lines and similar facilities, to serve such institutions.
46.06(3)
(3) Leases. The department may rent additional lands for the operation of the institutions under its jurisdiction.
46.06(4)
(4) Sales. The department may, with the approval of the building commission, sell and convey such lands under the jurisdiction of the department as the secretary deems to be in excess of the present or future requirements of the department for either the operation of its facilities or programs, for the maintenance of buffer zones adjacent to its facilities or for other public purposes. The proceeds of such sales are subject to
s. 13.48 (14) (c).
46.06(5)
(5) Purchases. The department may, with the approval of and release of state building trust fund by the building commission, acquire by purchase such lands, together with such improvements as are situated thereon, as the secretary deems necessary for the department's farm programs, or for the purpose of providing adequate buffer zones to its existing facilities, or for the purpose of eliminating flexuous boundaries in cooperation with owners of lands adjoining lands under the department's jurisdiction.
46.064
46.064
Client wages, allowances and release payments. The department may pay a wage or an allowance and a release payment to clients at its institutions. The department shall prescribe the amounts of pay and such hours, health and other conditions in connection with employment as are reasonable.
46.064 History
History: 1971 c. 125,
215;
1973 c. 333.
46.066
46.066
Freedom of worship; religious ministration. 46.066(1)(1) Subject to reasonable exercise of the privilege, members of the clergy of all religious faiths shall be given an opportunity, at least once each week, to conduct religious services within the state institutions under the control of the department. Attendance at the services is voluntary.
46.066(2)
(2) Religious ministration and sacraments according to the inmate's faith shall be allowed to every inmate who requests them.
46.066(3)
(3) Every inmate who requests it shall have the use of the Bible.
46.066 History
History: 1989 a. 31;
1991 a. 316.
46.066 Annotation
The state must make copies of the Quran available to prisoners to the same extent that Bibles are made available. Pitts v. Knowles, 339 F Supp. 1183.
46.07
46.07
Property of patients or residents. All money including wages and other property delivered to an officer or employe of any institution for the benefit of a patient or resident shall forthwith be delivered to the steward, who shall enter the same upon the steward's books to the credit of the patient or resident. The property shall be used only under the direction and with the approval of the superintendent and for the crime victim and witness assistance surcharge under
s. 973.045 (4), the deoxyribonucleic acid analysis surcharge under
s. 973.046 or the benefit of the patient or resident. If the money remains uncalled for for one year after the patient's or resident's death or departure from the institution, the superintendent shall deposit the same in the general fund. If any patient or resident leaves property, other than money, uncalled for at an institution for one year, the superintendent shall sell the property, and the proceeds shall be deposited in the general fund. If any person satisfies the department, within 5 years after the deposit, of his or her right to the deposit, the department shall direct the department of administration to draw its warrant in favor of the claimant and it shall charge the same to the appropriation made by
s. 20.913 (3) (c).
46.07 Annotation
Diversion of 15% of all money sent to prisoner into savings account to be given to prisoner upon release didn't violate due process. Sahagian v. Dickey, 646 F Supp. 1502 (W. D. Wis. 1986).
46.09
46.09
Purchases, bills, audits, payments. 46.09(1)
(1)
Steward as business manager. The steward of each institution under the control of the department is the local business manager and requisitioning officer, subject to the direction and rules of the department, and within the limits of the approved monthly estimates shall purchase all necessary materials and supplies, as provided in
ss. 16.70 to
16.82. The steward shall have the immediate charge of all books, accounts, papers and records relating to the institution's financial management, shall keep detailed accounts of all receipts and expenditures, and shall be responsible for the safekeeping and economical use of all stores and supplies.
