150.96(2)
(2) "Facility for the mentally retarded" means a facility specially designed for the diagnosis, treatment, education, training or custodial care of the mentally retarded; including facilities for training specialists and sheltered workshops for the mentally retarded, but only if such workshops are part of facilities which provide or will provide comprehensive services for the mentally retarded.
150.96(3)
(3) "The federal act" means the mental retardation facilities and community mental health centers construction act of 1963 (
P.L. 88-164).
150.96(4)
(4) "Nonprofit facility for the mentally retarded", and "nonprofit community mental health center" mean, respectively, a facility for the mentally retarded, and a community mental health center which is owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual.
150.96(5)
(5) "The secretary" means the secretary of the U.S. department of health and human services or a delegate to administer the federal act.
150.96 History
History: 1979 c. 177;
1981 c. 314;
1983 a. 189;
1993 a. 27 s.
237; Stats. 1993 s. 150.96;
1999 a. 83.
150.963
150.963
Construction of mental retardation facilities and community mental health centers. 150.963(2)
(2) The department shall be the sole agency of the state for all of the following purposes:
150.963(2)(a)
(a) Making inventories of existing facilities, surveying the need for construction for facilities for the mentally retarded and community mental health centers, and developing programs of construction.
150.963(2)(b)
(b) Developing and administering a state plan for the construction of public and other nonprofit facilities for the mentally retarded, and a state plan for the construction of public and other nonprofit community mental health centers.
150.963(3)
(3) The department, in carrying out the purposes of this subchapter, may do any of the following:
150.963(3)(a)
(a) Require reports, make inspections and investigations and prescribe rules that it considers necessary.
150.963(3)(b)
(b) Provide methods of administration, appoint personnel, and take other action that is necessary to comply with the requirements of the federal act and regulations under the federal act.
150.963(3)(c)
(c) Procure the temporary or intermittent services of experts or consultants or organizations of experts and consultants, by contract, when those services are to be performed on a part-time or fee-for-service basis and do not involve the performance of administrative duties.
150.963(3)(d)
(d) To the extent that it considers desirable to effectuate the purposes of this subchapter, enter into agreements for the utilization of facilities and services of other departments, agencies and institutions, public or private.
150.963(3)(e)
(e) Accept on behalf of the state and deposit with the state treasurer any grant, gift or contribution made to assist in meeting the cost of carrying out the purposes of this subchapter, and expend those funds for the purposes of this subchapter.
150.963(3)(f)
(f) Do all other things on behalf of the state necessary to obtain full benefits under the federal act.
150.963 History
History: 1979 c. 89;
1993 a. 27 s.
238; Stats. 1993 s. 150.963;
1999 a. 83.
150.965
150.965
Construction programs. The department is directed to develop construction programs for facilities for the mentally retarded and community mental health centers for the mentally ill, which shall be based respectively on statewide inventories of existing facilities for the mentally retarded and the mentally ill and surveys of need, and which shall provide in accordance with regulations prescribed under the federal act, for facilities which will provide adequate services for the mentally retarded and adequate community mental health services for the people residing in this state and for furnishing needed services to persons unable to pay therefor.
150.965 History
History: 1993 a. 27 s.
239; Stats. 1993 s. 150.965;
1993 a. 213.
150.967
150.967
State plans. The department shall prepare and submit to the secretary, state plans which shall include the programs for construction of facilities developed under this subchapter and which shall provide for the establishment, administration and operation of the construction activities in accordance with the requirements of the federal act and regulations under the federal act. The department shall from time to time, but not less often than annually, review the state plans and submit to the secretary any modifications of the state plans which it considers necessary and may submit to the secretary such modifications of the state plan not inconsistent with the requirements of the federal act, as it deems advisable.
150.967 History
History: 1979 c. 89;
1993 a. 27 s.
240; Stats. 1993 s. 150.967.
150.97
150.97
Standards for maintenance and operation. The department shall by regulation prescribe, and shall be authorized to enforce, standards for the maintenance and operation of facilities for the mentally retarded, and community mental health centers which receive federal aid for construction under the state plans.
150.97 History
History: 1993 a. 27 s.
241; Stats. 1993 s. 150.97.
150.973
150.973
Priority of projects. The state plans shall set forth the relative need and feasibility for the several projects included in the construction programs determined in accordance with the regulations prescribed pursuant to the federal act, and shall provide for the construction insofar as financial resources are available therefor in the order of such relative need and feasibility.
150.973 History
History: 1993 a. 27 s.
242; Stats. 1993 s. 150.973.
150.975
150.975
Applications. Applications for mental retardation facility or community mental health center construction projects for which federal funds are requested shall be submitted to the department by the state, a political subdivision thereof or by a public or other nonprofit agency. Each application for a construction project shall conform to federal and state requirements.
150.975 History
History: 1993 a. 27 s.
243; Stats. 1993 s. 150.975.
150.977
150.977
Hearing; forwarding of applications. The department shall afford to every applicant for a construction project an opportunity for a fair hearing. If the department, after affording reasonable opportunity for development and submission of applications, finds that a project application complies with the requirements of this subchapter and is otherwise in conformity with the state plan, it shall approve the application and shall recommend and forward it to the secretary.
150.977 History
History: 1979 c. 89;
1993 a. 27 s.
244; Stats. 1993 s. 150.977.
150.98
150.98
Inspection of projects. From time to time the department or its duly authorized agents shall inspect each construction project approved by the secretary, and if the inspection so warrants, the department shall certify to the secretary that work has been performed upon the project, or purchases have been made, in accordance with the approved plans and specifications, and that payment of an installment of federal funds is due to the applicant.
150.98 History
History: 1993 a. 27 s.
245; Stats. 1993 s. 150.98.
150.983
150.983
Mental retardation facilities and community mental health centers construction funds. The department may receive federal funds in behalf of, and transmit them to, applicants. In the general fund there is hereby established, separate and apart from all public moneys of this state, a mental retardation facilities construction fund and a community mental health centers construction fund. Money received from the federal government for a construction project under this subchapter approved by the secretary shall be deposited to the credit of the appropriate fund and shall be used solely for payments to applicants for work performed, or purchases made, in carrying out the approved project.
150.983 History
History: 1979 c. 89;
1993 a. 27 s.
246; Stats. 1993 s. 150.983;
1993 a. 490.
