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.
46.09(2)
(2) Butter and cheese. No butter or cheese not made wholly and directly from pure milk or cream, salt and harmless coloring matter may be used in any of the institutions of the department.
46.09(3)
(3) Public welfare institutions preaudit; payments. Unless otherwise provided by law, no bills may be incurred in the management of such institutions nor be paid until they have been audited by the department of health and family services under the supervision of the department of administration. All payments shall be made on the warrant of the department of administration drawn in accordance with the certificate of the proper designated officer of the department of health and family services. All claims and accounts before being certified to the department of administration by the department of health and family services, shall be verified and approved in the same manner as provided in
s. 16.53.
46.10
46.10
Cost of care and maintenance, liability; collection and deportation counsel; collections; court actions; recovery. 46.10(2)
(2) Except as provided in
subs. (2m) and
(14) (b) and
(c), any person, including but not limited to a person admitted, committed or placed under s.
975.01, 1977 stats., s.
975.02, 1977 stats., and s.
975.17, 1977 stats., and
ss. 48.366,
51.10,
51.13,
51.15,
51.20,
51.35 (3),
51.37 (5),
51.45 (10),
(11),
(12) and
(13),
55.05,
55.06,
938.183 (2),
938.34 (4h) or
(4m),
938.357 (4) and
(5) (e),
971.14 (2) and
(5),
971.17 (1),
975.06 and
980.06, receiving care, maintenance, services and supplies provided by any institution in this state including University of Wisconsin Hospitals and Clinics, in which the state is chargeable with all or part of the person's care, maintenance, services and supplies, any person receiving care and services from a county department established under
s. 51.42 or
51.437 or from a facility established under
s. 49.73, and any person receiving treatment and services from a public or private agency under
s. 971.17 (3) (d) or
(4) (e),
980.06 (2) (c) or
980.08 (5) and the person's property and estate, including the homestead, and the spouse of the person, and the spouse's property and estate, including the homestead, and, in the case of a minor child, the parents of the person, and their property and estates, including their homestead, and, in the case of a foreign child described in
s. 48.839 (1) who became dependent on public funds for his or her primary support before an order granting his or her adoption, the resident of this state appointed guardian of the child by a foreign court who brought the child into this state for the purpose of adoption, and his or her property and estate, including his or her homestead, shall be liable for the cost of the care, maintenance, services and supplies in accordance with the fee schedule established by the department under
s. 46.03 (18). If a spouse, widow or minor, or an incapacitated person may be lawfully dependent upon the property for their support, the court shall release all or such part of the property and estate from the charges that may be necessary to provide for those persons. The department shall make every reasonable effort to notify the liable persons as soon as possible after the beginning of the maintenance, but the notice or the receipt thereof is not a condition of liability.
46.10(2m)
(2m) The liability specified in
sub. (2) shall not apply to tuberculosis patients receiving care, maintenance, services and supplies under
ss. 58.06 and
252.07 to
252.10, to persons 18 and older receiving care, maintenance, services and supplies provided by prisons named in
s. 302.01 or to parents of a minor who receives care for alcohol or drug abuse under
s. 51.47 (1) without consent of the minor's parent or guardian.
46.10(3)
(3) After investigation of the liable persons' ability to pay, the department shall make collection from the person who in the opinion of the department under all of the circumstances is best able to pay, giving due regard to relationship and the present needs of the person or of the lawful dependents. However, the liability of relatives for maintenance shall be in the following order: first, the spouse of the patient; then, in the case of a minor, the parent or parents.
46.10(4)(a)(a) If a person liable under
sub. (2) fails to make payment or enter into or comply with an agreement for payment, the department may bring an action to enforce the liability or may issue an order to compel payment of the liability. Any person aggrieved by an order issued by the department under this paragraph may appeal the order as a contested case under
ch. 227 by filing with the department a request for a hearing within 30 days after the date of the order.
46.10(4)(b)
(b) If judgment is rendered in an action brought under
par. (a) for any balance that is 90 or more days past due, interest at the rate of 12% per year shall be computed by the clerk and added to the liable person's costs. That interest shall begin on the date on which payment was due and shall end on the day before the date of any interest that is computed under
s. 814.04 (4).
46.10(4)(c)
(c) If the department issues an order to compel payment under
par. (a), interest at the rate of 12% per year shall be computed by the department and added at the time of payment to the person's liability. That interest shall begin on the date on which payment was due and shall end on the day before the date of final payment.
46.10(5)
(5) If any person named in an order to compel payment issued under
sub. (4) (a) fails to pay the department any amount due under the terms of the order and no contested case to review the order is pending and the time for filing for a contested case review has expired, the department may present a certified copy of the order to the circuit court for any county. The circuit court shall, without notice, render judgment in accordance with the order. A judgment rendered under this subsection shall have the same effect and shall be entered in the judgment and lien docket and may be enforced in the same manner as if the judgment had been rendered in an action tried and determined by the circuit court.
46.10(6)
(6) The sworn statement of the collection and deportation counsel, or of the secretary, shall be evidence of the fee and of the care and services received by the patient.
46.10(7)
(7) The department shall administer and enforce this section. It shall appoint an attorney to be designated "collection and deportation counsel" and other necessary assistants. The department may delegate to such counsel such other powers and duties as it deems advisable. The collection or deportation counsel or any of the assistants may administer oaths, take affidavits and testimony, examine public records, subpoena witnesses and the production of books, papers, records, and documents material to any matter of proceeding relating to payments for the cost of maintenance. The department shall encourage agreements or settlements with the liable person, having due regard to ability to pay and the present needs of lawful dependents.
46.10(8)(a)
(a) Appear for the state in any and all collection and deportation matters arising in the several courts, and may commence suit in the name of the department to recover the cost of maintenance against the person liable therefor.
46.10(8)(b)
(b) Determine whether any patients are subject to deportation; and on behalf of this state enter into reciprocal agreements with other states for deportation and importation of persons who are public charges, upon such terms as will protect the state's interests and promote mutual amicable relations with other states.
46.10(8)(c)
(c) From time to time investigate the financial condition and needs of persons liable under
sub. (2), their ability to presently maintain themselves, the persons legally dependent upon them for support, the protection of the property and investments from which they derive their living and their care and protection, for the purpose of ascertaining the person's ability to make payment in whole or in part.
46.10(8)(d)
(d) After due regard to the case and to a spouse and minor children who are lawfully dependent on the property for support, compromise or waive any portion of any claim of the state or county for which a person specified under
sub. (2) is liable, but not any claim payable by an insurer under
s. 632.89 (2) or
(2m) or by any other 3rd party.
46.10(8)(e)
(e) Make an agreement with a person who is liable under
sub. (2), or who may be willing to assume the cost of maintenance of any patient, providing for the payment of such costs at a specified rate or amount.
