51.437(4m)(L)
(L) Except in an emergency, review and approve or disapprove all admissions to nursing homes of persons with a developmental disability who are residents of the county.
51.437(4m)(m)
(m) If the county board of supervisors establishes an integrated service program for children with severe disabilities under
s. 59.53 (7), participate in an integrated service program for children with severe disabilities under
s. 59.07 (147) [59.53 (7)], including entering into any written interagency agreements or contracts.
51.437 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
51.437(4r)
(4r) Powers of county department of developmental disabilities services. 51.437(4r)(a)(a) A county department of developmental disabilities services:
51.437(4r)(a)1.
1. May not furnish services and programs provided by the department of education and local educational agencies.
Effective date note
NOTE: Subd. 1. 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
1. May not furnish services and programs provided by the department of public instruction and local educational agencies.
51.437(4r)(a)2.
2. May allocate services among service recipients to reflect the availability of limited resources.
51.437(4r)(a)3.
3. May administer an integrated service program for children with severe disabilities under
s. 59.53 (7), if the county board of supervisors establishes an integrated service program for children with severe disabilities.
51.437(4r)(a)4.
4. May own, lease or manage real property for the purposes of operating a treatment facility.
51.437(4r)(b)
(b) Notwithstanding
ss. 48.78 (2) (a),
49.45 (4),
49.83,
51.30,
51.45 (14) (a),
55.06 (17) (c),
146.82,
252.11 (7),
253.07 (3) (c) and
938.78 (2) (a), any subunit of the county department of developmental disabilities services 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 developmental disabilities services or with any person providing services to the client under a purchase of services contract with the county department of developmental disabilities services, if necessary to enable an employe or service provider to perform his or her duties, or to enable the county department of developmental disabilities services to coordinate the delivery of services to the client.
51.437 Note
NOTE: Par. (b) is shown as affected by two acts of the 1995 legislature and as merged by the revisor under s. 13.93 (2) (c).
51.437(4rm)(a)(a) A county department of developmental disabilities services shall authorize all care of any patient in a state, local or private facility under a contractual agreement between the county department of developmental disabilities services and the facility, unless the county department of developmental disabilities services governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of developmental disabilities services or its contract agency prior to the admission of a patient to the facility except in the case of emergency services. In cases of emergency, a facility under contract with any county department of developmental disabilities services shall charge the county department of developmental disabilities services having jurisdiction in the county where the individual receiving care is found. The county department of developmental disabilities services shall reimburse the facility for the actual cost of all authorized care and services less applicable collections under
s. 46.036, unless the department of health and family services determines that a charge is administratively infeasible, or unless the department of health and family services, after individual review, determines that the charge is not attributable to the cost of basic care and services. The exclusionary provisions of
s. 46.03 (18) do not apply to direct and indirect costs which are attributable to care and treatment of the client. County departments of developmental disabilities services may not reimburse any state institution or receive credit for collections for care received therein by nonresidents of this state, interstate compact clients, transfers under
s. 51.35 (3) (a), commitments under s.
975.01, 1977 stats., or s.
975.02, 1977 stats., or
s. 971.14,
971.17 or
975.06, admissions under s.
975.17, 1977 stats., or children placed in the guardianship of the department of health and family services under
s. 48.427 or
48.43 or under the supervision of the department of corrections under
s. 938.183 (2) or
938.355.
51.437(4rm)(b)
(b) If any of the county developmental disabilities services authorized under
par. (a) are provided by any of the institutions specified in
s. 46.10, the costs of such services shall be segregated from the costs of residential care provided at such institutions. The uniform cost record-keeping system established under
s. 46.18 (8) to
(10) shall provide for such segregation of costs.
51.437(4rm)(c)
(c) If a center for the developmentally disabled has provided a county department of developmental disabilities services under this section with service, the department of health and family services shall:
51.437(4rm)(c)1.
1. Regularly bill the county department of developmental disabilities services for services provided prior to January 1, 1982. If collections for care received by the department of health and family services prior to January 1, 1982, exceed current billings, the difference shall be remitted to the county department of developmental disabilities services through the appropriation under
s. 20.435 (2) (gk). If billings for the quarter ending December 31, 1981, exceed collections for care received by the department of health and family services during the quarter ending December 31, 1981, collections for care provided prior to January 1, 1982, shall be remitted to the county department of developmental disabilities services through the appropriation under
s. 20.435 (2) (gk), up to the level of the net amount billed the county department of developmental disabilities services for the quarter ending December 31, 1981. Under this section, collections on or after January 1, 1976, from medical assistance shall be the approved amounts listed by the patient on remittance advices from the medical assistance carrier, not including adjustments due to retroactive rate approval and less any refunds to the medical assistance program. For care provided on and after January 1, 1978, the department of health and family services shall adjust collections from medical assistance to compensate for differences between specific rate scales for care charged to the county department of developmental disabilities services and the average daily medical assistance reimbursement rate. Payment shall be due from the county department of developmental disabilities services within 60 days of the billing date subject to provisions of the contract. If any payment has not been received within 60 days, the department of health and family services shall deduct all or part of the amount due from any payment due from the department of health and family services to the county department of developmental disabilities services.
51.437(4rm)(c)2.a.a. Bill the county department of developmental disabilities services for services provided on or after January 1, 1982, to persons ineligible for medical assistance benefits and who lack other means of full payment, using the procedure established under
subd. 1.
51.437(4rm)(c)2.b.
b. Bill the county department of developmental disabilities services for services provided on or after January 1, 1982, at 10% of the rate paid by medical assistance, excluding any retroactive rate adjustment, if an independent professional review established under
42 USC 1396a (a) (31) designates the person appropriate for community care. The department of health and family services shall use money it receives from the county department of developmental disabilities services to offset the state's share of medical assistance. Payment is due from the county department of developmental disabilities services within 60 days of the billing date, subject to provisions of the contract. If the department of health and family services does not receive any payment within 60 days, it shall deduct all or part of the amount due from any payment the department of health and family services is required to make to the county department of developmental disabilities services. The department of health and family services shall first use collections received under
s. 46.10 as a result of care at a center for the developmentally disabled to reduce the costs paid by medical assistance, and shall remit the remainder to the county department of developmental disabilities services up to the portion billed. The department of health and family services shall use the appropriation under
s. 20.435 (2) (gk) to remit collection credits and other appropriate refunds to county departments of developmental disabilities services.
51.437(4rm)(c)2.c.
c. Regularly provide the county department of developmental disabilities services with a list of persons who are eligible for medical assistance benefits and who are receiving care in a center for the developmentally disabled.
51.437(4rm)(c)2m.
2m. Bill the county department of developmental disabilities services for services provided under
s. 51.06 (1) (d) to individuals who are eligible for medical assistance that are not provided by the federal government.
51.437(4rm)(c)3.
3. Establish by rule a process for appealing determinations of the independent professional review that result in billings under
subd. 2. b.
51.437(7)
(7) County developmental disabilities services board. 51.437(7)(a)1.1. Except as provided under
subd. 2., the county board of supervisors in a county with a single-county department of developmental disabilities services or the county boards of supervisors in counties with a multicounty department of developmental disabilities services shall, before qualification under this section, appoint a county developmental disabilities services board. A county developmental disabilities services board appointed under this subdivision shall govern the single-county or multicounty department of developmental disabilities services. A member of a county developmental disabilities services board appointed under this subdivision may be removed from office for cause by a two-thirds vote of the appointing authority, on due notice in writing and hearing of the charges against the member.
51.437(7)(a)2.
2. In any county with a county executive or county administrator and which has established a single-county department of developmental disabilities services, the county executive or county administrator shall appoint, subject to confirmation by the county board of supervisors, the county developmental disabilities services board, which shall be only a policy-making body determining the broad outlines and principles governing the administration of programs under this section. A member of the county developmental disabilities services board appointed under this subdivision may be removed by the county executive or county administrator for cause.
51.437(7)(am)1.1. In a single-county department of developmental disabilities services, the county developmental disabilities services board shall be composed of not less than 9 nor more than 15 persons of recognized ability and demonstrated interest in the problems of the developmentally disabled but not more than 3 members shall be appointed from the county board of supervisors.
51.437(7)(am)2.
2. In a multicounty department of developmental disabilities services, the county developmental disabilities services board shall be composed of 11 members and with 2 additional members for each county in a multicounty department of developmental disabilities services in excess of 2. Appointments shall be made by the county boards of supervisors of the counties in a multicounty department of developmental disabilities services in a manner acceptable to the counties in the multicounty department of developmental disabilities services, but each of the counties in the multicounty department of developmental disabilities services may appoint only 2 members from its county board of supervisors.
51.437(7)(am)3.
3. At least one-third of the members of every county developmental disabilities services board serving at any one time shall be appointed from the developmentally disabled citizens or their parents residing in a county with a single-county department of developmental disabilities services or in any of the counties with a multicounty department of developmental disabilities services.
51.437(7)(b)
(b)
Terms. Appointments to the county developmental disabilities services board shall be for staggered 3-year terms. Vacancies shall be filled for the residue of the unexpired term in the manner that original appointments are made.
51.437(9)
(9) Powers and duties of county developmental disabilities services board in certain counties. A county developmental disabilities services board appointed under
sub. (7) (a) 1. shall do all of the following:
51.437(9)(a)
(a) Appoint a county developmental disabilities services director, subject to the approval of each county board of supervisors which participated in the appointment of the county developmental disabilities services board, establish salaries and personnel policies for the county department of developmental disabilities services subject to the approval of each such county board of supervisors and arrange and promote local financial support for the program. Each county board of supervisors in a county with a single-county department of developmental disabilities services or the county boards of supervisors in counties with a multicounty department of developmental disabilities services may delegate such appointing authority to the county developmental disabilities services board.
51.437(9)(am)
(am) Prepare a local plan which includes an inventory of all existing resources, identifies needed new resources and services and contains a plan for meeting the needs of developmentally disabled individuals based upon the services designated under
sub. (1). The plan shall also include the establishment of long-range goals and intermediate-range plans, detailing priorities and estimated costs and providing for coordination of local services and continuity of care.
51.437(9)(b)
(b) Assist in arranging cooperative working agreements with other health, educational, vocational and welfare services, public or private, and with other related agencies.
51.437(9)(d)
(d) Comply with the state requirements for the program.
51.437(9)(e)
(e) Appoint committees consisting of residents of the county to advise the county developmental disabilities services board as it deems necessary.
51.437(9)(f)
(f) Develop county developmental disabilities services board operating procedures.
51.437(9)(g)
(g) Determine, subject to the approval of the county board of supervisors in a county with a single-county department of developmental disabilities services or the county boards of supervisors in counties with a multicounty department of developmental disabilities services and with the advice of the county developmental disabilities services director appointed under
par. (a), whether services are to be provided directly by the county department of developmental disabilities services or contracted for with other providers and make such contracts. The county board of supervisors in a county with a single-county department of developmental disabilities services or the county boards of supervisors in counties with a multicounty department of developmental disabilities services may elect to require the approval of any such contract by the county board of supervisors in a county with a single-county department of developmental disabilities services or the county boards of supervisors in counties with a multicounty department of developmental disabilities services.
51.437(9)(h)
(h) Assume the powers and duties of the county department of developmental disabilities services under
subs. (4m) and
(4r).
51.437(9)(i)1.1. Annually identify brain-injured persons in need of services within the county.
51.437(9)(i)2.
2. Annually, no later than January 30, report to the department the age and location of those brain-injured persons who are receiving treatment.
51.437(9b)
(9b) Powers and duties of county developmental disabilities services board in certain counties with a county executive or a county administrator. The county developmental disabilities services board appointed under
sub. (7) (a) 2. shall:
51.437(9b)(a)
(a) Appoint committees consisting of residents of the county to advise the board as it deems necessary.
51.437(9b)(am)
(am) Prepare a local plan which includes an inventory of all existing resources and services and contains a plan for meeting the needs of developmentally disabled individuals based upon the services designated under
sub. (1).
51.437(9b)(b)
(b) Recommend program priorities, identify unmet service needs and prepare short-term and long-term plans and budgets for meeting such priorities and needs.
51.437(9b)(c)
(c) Prepare, with the assistance of the county developmental disabilities director appointed under
sub. (10m), a proposed budget for submission to the county executive or county administrator and a final budget for submission to the department of health and family services under
s. 46.031 (1) for authorized services.
51.437(9b)(d)
(d) Advise the county developmental disabilities services director appointed under
sub. (10m) regarding purchasing and providing services and the selection of purchase of service vendors, and make recommendations to the county executive or county administrator regarding modifications in such purchasing, providing and selection.
51.437(9b)(e)
(e) Develop county developmental disabilities services board operating procedures.
51.437(9b)(g)
(g) Assist in arranging cooperative working agreements with persons providing health, education, vocational or welfare services related to services provided under this section.
51.437(9b)(h)
(h) Advise the county developmental disabilities services director regarding coordination of local services and continuity of care.
51.437(10)
(10) County developmental disabilities services director in certain counties. The county developmental disabilities services director appointed under
sub. (9) (a) shall:
51.437(10)(am)
(am) Operate, maintain and improve the county department of developmental disabilities services.
51.437(10)(ar)
(ar) With the county developmental disabilities services board under
sub. (9), prepare:
51.437(10)(ar)1.
1. Annual proposed and final budgets of all funds necessary for the program and services authorized by this section.
51.437(10)(ar)3.
3. Such other reports as are required by the department of health and family services and the county board of supervisors in a county with a single-county department of developmental disabilities services or the county boards of supervisors in counties with a multicounty department of developmental disabilities services.
51.437(10)(b)
(b) Make recommendations to the county developmental disabilities services board under
sub. (9) for:
51.437(10)(d)
(d) After consultation with the county developmental disabilities services board administer the duties of the county department of disabilities services under
sub. (4r) (a) 2.
51.437(10m)
(10m) County developmental disabilities services director in certain counties with a county executive or county administrator. In any county with a county executive or a county administrator in which the county board of supervisors has established a single-county department of developmental disabilities services, the county executive or county administrator shall appoint and supervise the county developmental disabilities services director. In any county with a population of 500,000 or more, the county executive or county administrator shall appoint the director of the county department of human services under
s. 46.21 as the county developmental disabilities services director. The appointment is subject to confirmation by the county board of supervisors unless the county board of supervisors, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under
s. 59.52 (8) or
ch. 63. The county developmental disabilities services director, subject only to the supervision of the county executive or county administrator, shall:
51.437(10m)(a)
(a) Supervise and administer any program established under this section.
51.437(10m)(c)
(c) Determine, subject to the approval of the county board of supervisors and with the advice of the county developmental disabilities services board under
sub. (9b) (e), whether services are to be provided directly by the county department of developmental disabilities services or contracted for with other providers and make such contracts. The county board of supervisors may elect to require the approval of any such contract by the county board of supervisors.
51.437(10m)(e)
(e) Assist the county developmental disabilities services board under
sub. (9b) in the preparation of the budgets required under
sub. (9b) (c).
51.437(10m)(f)
(f) Make recommendations to the county executive or county administrator regarding modifications to the proposed budget prepared by the county developmental disabilities services board under
sub. (9b) (c).
51.437(10m)(h)
(h) After consultation with the county developmental disabilities services board administer the duties of the county department of disabilities services under
sub. (4r) (a) 2.
51.437(10m)(i)
(i) Establish salaries and personnel policies of the program subject to approval of the county executive or county administrator and county board of supervisors.
51.437(10m)(j)
(j) Perform other functions necessary to manage, operate, maintain and improve programs.
51.437(10m)(L)
(L) Assist in arranging cooperative working agreements with other persons providing health, education, vocational or welfare services related to services provided under this section.
51.437(10m)(m)
(m) Arrange and promote local financial support for the program.
51.437(10m)(n)
(n) In consultation with the county developmental disabilities services board, prepare:
51.437(10m)(n)3.
3. Such other reports as are required by the department of health and family services and the county board of supervisors.
51.437(10m)(o)1.1. Annually identify brain-injured persons in need of services within the county.
51.437(10m)(o)2.
2. Annually, no later than January 30, 1987, and January 30 of each year thereafter, report to the department the age and location of those brain-injured persons who are receiving treatment.
51.437(14)
(14) Duties of the department of health and family services. The department of health and family services shall:
51.437(14)(a)
(a) Review requests and certify county departments of developmental disabilities services to assure that the county departments of developmental disabilities services are in compliance with this section.
