51.42(6m)(m)
(m) In consultation with the county community programs board under
sub. (5a), prepare:
51.42(6m)(m)2.
2. An annual report of the operation of the county department of community programs.
51.42(6m)(m)3.
3. Such other reports as are required by the secretary and the county board of supervisors.
51.42(6m)(n)
(n) Provide for coordination of local services and continuity of care.
51.42(7)
(7) Duties of the department of health and family services. 51.42(7)(a)(a) The department of health and family services shall:
51.42(7)(a)1.
1. Review requests and certify county departments of community programs and community mental health programs to assure that those county departments and those programs are in compliance with this section.
51.42(7)(a)2.
2. Periodically review and evaluate county departments of community programs to assure compliance with this section. The review shall include a periodic assessment of need which shall separately identify elements of service required under this section. The periodic review of community mental health programs shall be made at least once every 36 months, except that all of the following apply:
51.42(7)(a)2.a.
a. The secretary may require annual review of a community mental health program that, in the immediately preceding 36 months, substantially failed to comply with the requirements for certification or was the subject of grievances or an investigation.
51.42(7)(a)2.b.
b. The department may review and evaluate a community mental health program at any time.
51.42(7)(a)2m.
2m. Review and evaluate at random at least 5 community mental health programs each year. Review and evaluation under this subdivision may be coincident with or in addition to that made under
subd. 2. and may be conducted with or without notice to a community mental health program.
51.42(7)(a)3.
3. Provide consultative staff services to communities to assist in ascertaining local needs and in planning, establishing and operating programs.
51.42(7)(a)3m.
3m. Develop a training curriculum for use in training members of county community programs boards and county human services boards. The training curriculum shall delineate the board members' roles and responsibilities and shall provide information on client groups served and programs provided by the county department of community programs or human services. In developing the training curriculum, the department shall consult with representatives of county interests, consumer and advocacy groups and community mental health program providers. The department shall submit the training curriculum to the council on mental health under
s. 51.02 (1) (h) for the council's review and comment.
51.42(7)(a)3r.
3r. Establish a training schedule that ensures that county community programs boards and county human services boards in all geographical areas of the state are provided access to training under the training curriculum under
subd. 3m. once every 2 years.
51.42(7)(a)5.
5. Ensure that county departments of community programs that elect to provide special education programs to children aged 3 years and under comply with requirements established by the department of education.
Effective date note
NOTE: Subd. 5. is shown as amended eff. 1-1-96 by
1995 Wis. Act 27. The treatment by Act 27 was held unconstitutional and declared void by the Supreme Court in Thompson v. Craney, case no.
95-2168-OA. Prior to Act 27 it read:
Effective date text
5. Ensure that county departments of community programs that elect to provide special education programs to children aged 3 years and under comply with requirements established by the department of public instruction.
51.42(7)(a)6.a.
a. Mental health outpatient and follow-up services appropriate for hearing-impaired mentally ill individuals, including advocacy training relating to the rights of mentally ill individuals.
51.42(7)(a)6.b.
b. Technical assistance to a county department of community programs concerning provision of services to hearing-impaired mentally ill individuals.
51.42(7)(a)7.
7. Develop a program in consultation with the department of regulation and licensing to use voluntary, uncompensated services of licensed or certified professionals to assist the department of health and family services in evaluating community mental health programs in exchange for continuing education credits for the professionals under
ss. 448.40 (2) (e) and
455.065 (5)
51.42(7)(a)8.
8. Enter into an agreement with an institution of higher education or a private, nonprofit organization to develop a community mental health client survey prototype. The department shall attempt to secure a grant to fund the development of the survey prototype.
51.42(7)(a)9.
9. Develop a model community mental health plan available for use by counties and to assist them in developing their community plans as required under
s. 51.42 (3) (ar) 5. In the process of developing the model community mental health plan, the department shall select 6 counties, both urban and rural, to submit plans to the department for review. The department shall revise the model plan, if necessary, considering the comments of the 6 counties selected. The department shall also consult with the council on mental health and with groups that represent counties, consumers of mental health services and family members of the consumers in developing the model community mental health plan. The department shall establish a schedule that requires each county in this state to submit a plan under
s. 51.42 (3) (ar) 5. once every 3 years, in accordance with deadlines established by the subunit of the department with jurisdiction over community mental health. The department, in conjunction with the council on mental health, shall review the plans submitted by counties.
51.42(7)(b)
(b) The department shall promulgate rules which do all of the following:
51.42(7)(b)1.
1. Govern the administrative structure deemed necessary to administer community mental health, developmental disabilities, alcoholism and drug abuse services.
51.42(7)(b)2.
2. Establish uniform cost record-keeping requirements.
51.42(7)(b)3.
3. Prescribe standards for qualifications and salaries of personnel.
51.42(7)(b)4.
4. Prescribe standards for quality of professional services.
51.42(7)(b)5.
5. Prescribe requirements for in-service and educational leave programs for personnel.
51.42(7)(b)6.
6. Prescribe standards for establishing patient fee schedules.
51.42(7)(b)7.
7. Govern eligibility of patients to the end that no person is denied service on the basis of age, race, color, creed, location or inability to pay.
51.42(7)(b)8.
8. Prescribe such other standards and requirements as may be necessary to carry out the purposes of this section.
51.42(7)(b)9.
9. Promulgate rules establishing medication procedures to be used in the delivery of mental health services.
51.42(7)(b)10.
10. Establish criteria for the level of scrutiny for evaluation of community mental health programs.
51.42(7)(b)11.
11. Prescribe requirements for certification of community mental health programs, including all of the following:
51.42(7)(b)11.a.
a. A requirement that, as part of the certification process, community mental health programs must demonstrate that their staff have knowledge of laws, regulations and standards of practice which apply to the program and its clients.
51.42(7)(b)11.b.
b. A requirement that, when conducting certifications, certification staff must use a random selection process in reviewing client records.
51.42(7)(b)11.c.
c. A requirement that certification staff conduct client interviews as part of the certification process.
51.42(7)(b)11.d.
d. A requirement that certification staff provide certification results to the community mental health program reviewed, to subunits within the department responsible for community mental health program monitoring and to the county department under this section in which the community mental health program is located upon completion of certification.
51.42(7)(c)
(c) The secretary shall designate the subunit of the department that is responsible for supervising the grievance process for clients of mental health services.
51.42(8)(a)(a) Any reference in any law to a county department of community programs applies to a county department under
s. 46.23 in its administration of the powers and duties of the county department of community programs under
s. 46.23 (3) (b) or applies to a county department under
s. 46.21 (2m) in its administration of the powers and duties of the county department of community programs under
s. 46.21 (2m) (b) 1. a.
51.42(8)(b)1.1. Any reference in any law to a county community programs director appointed under
sub. (5) (d) applies to the director of a county department appointed under
s. 46.23 (5) (f) in his or her administration of the powers and duties of that county community programs director.
51.42(8)(b)2.
2. Any reference in any law to a county community programs director appointed under
sub. (6m) (intro.) applies to the director of a county department appointed under
s. 46.23 (6m) (intro.) or appointed under
s. 46.21 (1m) (a) in his or her administration of the powers and duties of that county community programs director.
51.42(8)(c)1.1. Any reference in any law to a county community programs board appointed under
sub. (4) (a) 1. applies to the board of a county department appointed under
s. 46.23 (4) (b) 1. in its administration of the powers and duties of that county community programs board.
51.42(8)(c)2.a.a. Except as provided in
subd. 2. b., reference in any law to a county community programs board appointed under
sub. (4) (a) 2. applies to the board of a county department appointed under
s. 46.23 (4) (b) 2. in its administration of the powers and duties of that county community programs board.
51.42(8)(c)2.b.
b. Any reference in any law to a county community programs board appointed under
sub. (4) (a) 2. is limited, with respect to the county department of human services under
s. 46.21 (2m), to the powers and duties of the county community programs board as specified in
sub. (5a).
51.42 History
History: 1971 c. 125;
1973 c. 90,
198,
333,
336;
1975 c. 39,
198,
199,
224,
422;
1975 c. 428 s.
16;
1975 c. 430 ss.
24 to
31,
80;
1977 c. 26 ss.
37,
38,
75;
1977 c. 29 ss.
612 to
623p,
1656 (18);
1977 c. 193;
1977 c. 203 s.
106;
1977 c. 272;
1977 c. 354 s.
101;
1977 c. 418,
428,
447;
1979 c. 34,
117,
177,
221,
330,
355;
1981 c. 20 ss.
923 to
942,
2202 (20) (d), (n), (q);
1981 c. 93 ss.
105 to
122,
186;
1981 c. 329;
1983 a. 27 ss.
1106 to
1112,
2202 (20);
1983 a. 189 ss.
44,
329 (5);
1983 a. 192,
239,
365,
375,
524;
1985 a. 29,
120,
176;
1987 a. 3,
27,
199,
339,
366;
1989 a. 31,
122;
1991 a. 39,
274,
315;
1993 a. 16,
437,
445;
1995 a. 27 ss.
3260 to
3262,
9126 (19),
9145 (1);
1995 a. 64,
77,
92,
201,
224,
276,
352,
417.
51.42 Annotation
Members of a county board appointed to a unified board, created under (4) (b) serve for the full term for which appointed, without reference to the termination of their office as county board members. 63 Atty. Gen. 203.
51.42 Annotation
Corporation counsel should provide legal advice and representation to 51.42 and 51.437 boards as well as to the county board. 63 Atty. Gen. 468.
51.42 Annotation
Liability, reimbursement and collection for services provided under 51.42 and 51.437 programs discussed. 63 Atty. Gen. 560, 65 Atty. Gen. 49.
51.42 Annotation
See note to 51.437, citing 69 Atty. Gen. 128.
51.42 Annotation
Menominee Tribe members are eligible to participate in voluntary programs but state cannot accept tribe members into involuntary programs on basis of tribal court orders alone. 70 Atty. Gen. 219.
51.42 Annotation
County health facility may not charge for non-medical assistance services given to medical assistance patients in excess of medical assistance rates without violating 49.49.
73 Atty. Gen. 68.
51.42 Annotation
The appointing authority has broad discretion to determine the interests and abilities of persons appointed to a "51.42 board."
78 Atty. Gen. 56.
51.421
51.421
Community support programs. 51.421(1)
(1)
Purpose. In order to provide the least restrictive and most appropriate care and treatment for persons with chronic mental illness, community support programs should be available in all parts of the state. In order to integrate community support programs with other long-term care programs, community support programs shall be coordinated, to the greatest extent possible, with the community options program under
s. 46.27, with the protective services system in a county, with the medical assistance program under
subch. IV of ch. 49 and with other care and treatment programs for persons with chronic mental illness.
51.421(2)
(2) Services. If funds are provided, and within the limits of the availability of funds provided under
s. 51.423 (2), each county department under
s. 51.42 shall establish a community support program. Each community support program shall use a coordinated case management system and shall provide or assure access to services for persons with chronic mental illness who reside within the community. Services provided or coordinated through a community support program shall include assessment, diagnosis, identification of persons in need of services, case management, crisis intervention, psychiatric treatment including medication supervision, counseling and psychotherapy, activities of daily living, psychosocial rehabilitation which may include services provided by day treatment programs, client advocacy including assistance in applying for any financial support for which the client may be eligible, residential services and recreational activities. Services shall be provided to an individual based upon his or her treatment and psychosocial rehabilitation needs.
51.421(3)
(3) Departmental duties. The department shall:
51.421(3)(a)
(a) Promulgate rules establishing standards for the provision of community support programs by county departments under
s. 51.42. The department shall establish standards that ensure that providers of services meet federal standards for certification of providers of community support program services under the medical assistance program,
42 USC 1396 to
1397e. The department shall develop the standards in consultation with representatives of county departments under
s. 51.42, elected county officials and consumer advocates.
51.421(3)(b)
(b) Ensure the development of a community support program in each county through the provision of technical assistance, consultation and funding.
51.421(3)(c)
(c) Monitor the establishment and the continuing operation of community support programs and ensure that community support programs comply with the standards promulgated by rule. The department shall ensure that the persons monitoring community support programs to determine compliance with the standards are persons who are knowledgeable about treatment programs for persons with chronic mental illness.
51.421(3)(d)
(d) Develop and conduct training programs for community support program staff.
51.423(1)(1) The department shall fund, within the limits of the department's allocation for mental health services under
s. 20.435 (7) (b) and
(o) and subject to this section, services for mental illness, developmental disability, alcoholism and drug abuse to meet standards of service quality and accessibility. The department's primary responsibility is to guarantee that county departments established under either
s. 51.42 or
51.437 receive a reasonably uniform minimum level of funding and its secondary responsibility is to fund programs which meet exceptional community needs or provide specialized or innovative services. Moneys appropriated under
s. 20.435 (7) (b) and earmarked by the department for mental health services under
s. 20.435 (7) (o) shall be allocated by the department to county departments under
s. 51.42 or
51.437 in the manner set forth in this section.
51.423(2)
(2) From the appropriations under
s. 20.435 (7) (b) and
(o), the department shall distribute the funding for services provided or purchased by county departments under
s. 46.23,
51.42 or
51.437 to such county departments as provided under
s. 46.40. County matching funds are required for the distributions under
s. 46.40 (2). Each county's required match for a year equals 9.89% of the total of the county's distributions for that year for which matching funds are required plus the amount the county was required by s.
46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the counties that meet the requirements specified in
sub. (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.
51.423(3)
(3) From the appropriation under
s. 20.435 (7) (bL), the department shall award one-time grants to applying counties that currently do not operate certified community support programs, to enable uncertified community support programs to meet requirements for certification as providers of medical assistance services.
51.423(4)
(4) The department shall prorate the amount allocated to any county department under
sub. (2) to reflect actual federal funds available.
51.423(5)(a)(a) A private donation to a county may be used to match the state grant-in-aid under
s. 46.495 (1) (d) or under
sub. (2) only if the donation is both of the following:
51.423(5)(a)2.
2. Donated without restrictions as to use, unless the restrictions specify that the donation be used for a particular service and the donor neither sponsors nor operates the service.
51.423(5)(b)
(b) Voluntary federated fund-raising organizations are not sponsors or operators of services within the meaning of
par. (a) 2. Any member agency of such an organization that sponsors or operates services is deemed an autonomous entity separate from the organization unless the board membership of the organization and the agency interlock.
51.423(6)
(6) The county allocation to match aid increases shall be included in the contract under
s. 46.031 (2g) and approved by January 1 of the year for which the funds are allocated, in order to generate state aid matching funds. All funds allocated under
sub. (2) shall be included in the contract under
s. 46.031 (2g) and approved.
51.423(7)
(7) Each county department under either
s. 51.42 or
51.437, but not both, shall be treated, for the purpose of this section only, as unified with any other county department established in its jurisdiction under either
s. 51.42 or
51.437 and shall receive an amount determined under
sub. (2).
51.423(9)
(9) If the funds appropriated under
s. 20.435 (7) (b) for any fiscal year are insufficient to provide county departments with the sums calculated under
subs. (1) to
(7), the appropriation shall be allocated among county departments in proportion to the sums they would receive under
subs. (1) to
(7).
51.423(10)
(10) Each county department which is eligible under the state plan for medical assistance shall obtain a medical assistance provider number and shall bill for all eligible clients. A county department operating an inpatient facility shall apply for a special hospital license under
s. 50.33 (2) (c). Under powers delegated under
s. 46.10 (16), each county department shall retain 100% of all collections it makes and its providers make for care other than that provided or purchased by the state.
51.423(11)
(11) Each county department under
s. 51.42 or
51.437, or both, shall apply all funds it receives under
subs. (1) to
(7) to provide the services required under
ss. 51.42,
51.437 and
51.45 (2) (g) to meet the needs for service quality and accessibility of the persons in its jurisdiction, except that the county department may pay for inpatient treatment only with funds designated by the department for inpatient treatment. The county department may expand programs and services with county funds not used to match state funds under this section subject to the approval of the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with multicounty departments and with other local or private funds subject to the approval of the department and the county board of supervisors in a county with a single-county department under
s. 51.42 or
51.437 or the county boards of supervisors in counties with a multicounty department under
s. 51.42 or
51.437. The county board of supervisors in a county with a single-county department under
s. 51.42 or
51.437 or the county boards of supervisors in counties with a multicounty department under
s. 51.42 or
51.437 may delegate the authority to expand programs and services to the county department under
s. 51.42 or
51.437. The county department under
s. 51.42 or
51.437 shall report to the department all county funds allocated to the county department under
s. 51.42 or
51.437 and the use of such funds. Moneys collected under
s. 46.10 shall be applied to cover the costs of primary services, exceptional and specialized services or to reimburse supplemental appropriations funded by counties. County departments under
ss. 51.42 and
51.437 shall include collections made on and after October 1, 1978, by the department that are subject to
s. 46.10 (8m) (a) 3. and
4. and are distributed to county departments under
ss. 51.42 and
51.437 under
s. 20.435 (7) (gg), as revenues on their grant-in-aid expenditure reports to the department.
51.423(12)
(12) The department may not provide state aid to any county department under
s. 51.42 or
51.437 for excessive inpatient treatment. For each county department under
ss. 51.42 and
51.437 in each calendar year, sums expended for the 22nd and all subsequent average days of care shall be deemed excessive inpatient treatment. No inpatient treatment provided to children, adolescents, chronically mentally ill patients, patients requiring specialized care at a mental health institute, or patients at the centers for the developmentally disabled may be deemed excessive. If a patient is discharged or released and then readmitted within 60 days after such discharge or release from an inpatient facility, the number of days of care following readmission shall be added to the number of days of care before discharge or release for the purpose of calculating the total length of such patient's stay in the inpatient facility.
51.423(15)
(15) Funds allocated under this section and recovered from audit adjustments from a prior fiscal year may be included in subsequent certifications only to pay counties owed funds as a result of any audit adjustment. By June 30 of each year the department shall submit to the chief clerk of each house of the legislature, for distribution to the appropriate standing committees under
s. 13.172 (3), a report on funds recovered and paid out during the previous calendar year as a result of audit adjustments.
