51.42(3)(ar)18.
18. If authorized under
s. 46.284 (1) (a) 1., apply to the department of health and family services to operate a care management organization under
s. 46.284 and, if the department contracts with the county under
s. 46.284 (2), operate the care management organization and, if appropriate, place funds in a risk reserve.
51.42(3)(as)1.1. A county department of community programs shall authorize all care of any patient in a state, local or private facility under a contractual agreement between the county department of community programs and the facility, unless the county department of community programs 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 community programs or its contract agency. In cases of emergency, a facility under contract with any county department of community programs shall charge the county department of community programs having jurisdiction in the county where the patient is found. The county department of community programs 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. Except as provided in
subd. 1m., a county department of community programs 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), and transfers from Wisconsin state prisons under
s. 51.37 (5) (a), commitments under s.
975.01, 1977 stats., or s.
975.02, 1977 stats., or
s. 971.14,
971.17 or
975.06 or 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 or
938.355. 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.
51.42(3)(as)1m.
1m. A county department of community programs shall reimburse a mental health institute at the institute's daily rate for custody of any person who is ordered by a court located in that county to be examined at the mental health institute under
s. 971.14 (2) for all days that the person remains in custody at the mental health institute, beginning 48 hours, not including Saturdays, Sundays, and legal holidays, after the sheriff and county department receive notice under
s. 971.14 (2) (d) that the examination has been completed.
51.42(3)(as)2.
2. If a mental health institute has provided a county department of community programs with service, the department of health and family services shall regularly bill the county department of community programs, except as provided under
subd. 2m. If collections for care exceed current billings, the difference shall be remitted to the county department of community programs through the appropriation under
s. 20.435 (2) (gk). For care provided on and after February 1, 1979, 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 community programs and the average daily medical assistance reimbursement rate. Payment shall be due from the county department of community programs 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 from any payment due from the department of health and family services to the county department of community programs.
51.42(3)(as)2m.
2m. The department of health and family services may bill the county department of community programs under
subd. 2. for inpatient services provided on or after October 1, 1987, by a mental health institute for individuals under 21 years of age or for individuals under 22 years of age who are receiving the services immediately prior to reaching age 21, only if the person lacks full means of payment, including payment from medical assistance and other sources.
51.42(3)(as)3.
3. Care, services and supplies provided after December 31, 1973, to any person who, on December 31, 1973, was in or under the supervision of a mental health institute, or was receiving mental health services in a facility authorized by
s. 51.08 or
51.09, but was not admitted to a mental health institute by the department of health and family services, shall be charged to the county department of community programs which was responsible for such care and services at the place where the patient resided when admitted to the institution. The department of health and family services may bill county departments of community programs for care provided at the mental health institutes at rates which the department of health and family services sets on a flexible basis, except that this flexible rate structure shall cover the cost of operations of the mental health institutes.
51.42(3)(aw)1.1. Within the limits of state and county appropriations and maximum available funding from other sources, a county department of community programs may provide for the program needs of persons suffering from mental disabilities, including but not limited to mental illness, developmental disability, alcoholism or drug abuse, by offering the following services:
51.42(3)(aw)1.a.
a. Precare, aftercare and rehabilitation and habilitation services.
51.42(3)(aw)1.d.
d. Provide treatment and services that are specified in a conditional release plan approved by a court for a person who is a county resident and is conditionally released under s.
971.17 (3) or
(4) or that are specified in a supervised release plan approved by a court under s.
980.06 (2) (c), 1997 stats., or
s. 980.08 (5). If the county department provides treatment and services under this subdivision, the department of health and family services shall, from the appropriation under
s. 20.435 (2) (bj), pay the county department for the costs of the treatment and services.
51.42(3)(aw)2.
2. A county department of community programs may allocate services among service recipients to reflect the availability of limited resources.
51.42(3)(aw)3.
3. A county department of community programs may own, lease or manage real property for the purposes of operating a treatment facility.
51.42(3)(b)
(b)
Other powers and duties. The county board of supervisors of any county with a single-county department of community programs and the county boards of supervisors of counties with a multicounty department of community programs may designate the county department of community programs as the administrator of any other county health care program or institution, but the operation of such program or institution is not reimbursable under
s. 51.423.
51.42(3)(bm)
(bm)
Educational services. A county department of community programs may not furnish services and programs provided by the department of public instruction and local educational agencies.
51.42(3)(c)
(c)
Multicounty contract. No grant-in-aid may be made under
s. 51.423 to any multicounty department of community programs until the counties which established the multicounty department of community programs have drawn up a detailed contractual agreement, approved by the secretary, setting forth the plans for joint sponsorship.
51.42(3)(e)
(e)
Exchange of information. Notwithstanding
ss. 46.2895 (9),
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 a county department of community programs 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 community programs, with a resource center, care management organization or family care district, or with any person providing services to the client under a purchase of services contract with the county department of community programs or with a resource center, care management organization or family care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of community programs to coordinate the delivery of services to the client.
51.42(4)
(4) County community programs board. 51.42(4)(a)1.1. Except as provided under
subd. 2., the county board of supervisors of every county with a single-county department of community programs or the county boards of supervisors in counties with a multicounty department of community programs shall, before qualification under this section, appoint a governing and policy-making board to be known as the county community programs board. A county community programs board appointed under this subdivision shall govern the single-county or multicounty department of community programs and shall assume all of the powers and duties of the county department of community programs under
sub. (3) (ar) to
(bm). A member of a county community programs board appointed under this subdivision may be removed from office under the following circumstances:
51.42(4)(a)1.a.
a. For cause, by a two-thirds vote of each county board of supervisors participating in the appointment, on due notice in writing and hearing of the charges against the member.
51.42(4)(a)1.b.
b. If the member when appointed was a member of the county board of supervisors and the member is not reelected to that office, on due notice in writing.
51.42(4)(a)2.
2. In any county with a county executive or county administrator and which has established a single-county department of community programs, the county executive or county administrator shall appoint, subject to confirmation by the county board of supervisors, the county community programs 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 a county community programs board appointed under this subdivision may be removed by the county executive or county administrator under the following circumstances:
51.42(4)(a)2.b.
b. If the member when appointed was a member of the county board of supervisors and the member is not reelected to that office.
51.42(4)(b)1.1. In a single-county department of community programs the county community programs 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 mentally ill, developmentally disabled, alcoholic or drug dependent persons and shall have representation from the interest group of the mentally ill, the interest group of the developmentally disabled, the interest group of the alcoholic and the interest group of the drug dependent. At least one member appointed to a county community programs board shall be an individual who receives or has received services for mental illness, developmental disability, alcoholism or drug dependency or shall be a family member of such an individual. No more than 5 members may be appointed from the county board of supervisors.
51.42(4)(b)2.
2. In a multicounty department of community programs, the county community programs board shall be composed of 11 members with 3 additional members for each county in a multicounty department of community programs in excess of 2. Appointments shall be made by the county boards of supervisors of the counties in a multicounty department of community programs in a manner acceptable to the counties in the multicounty department of community programs and shall have representation from the interest group of the mentally ill, the interest group of the developmentally disabled, the interest group of the alcoholic and the interest group of the drug dependent. At least one member appointed to a county community programs board shall be an individual who receives or has received services for mental illness, developmental disability, alcoholism or drug dependency or shall be a family member of such an individual. Each of the counties in the multicounty department of community programs may appoint to the county community programs board not more than 3 members from its county board of supervisors.
51.42(4)(d)
(d)
Term. The term of office of any member of a county community programs board shall be 3 years, but of the members first appointed, at least one-third shall be appointed for one year; at least one-third for 2 years; and the remainder for 3 years. Vacancies shall be filled for the residue of the unexpired term in the manner that original appointments are made.
51.42(5)
(5) Powers and duties of county community programs board in certain counties. 51.42(5)(a)(a) A county community programs board appointed under
sub. (4) (a) 1. shall do all of the following:
51.42(5)(a)1.
1. Establish long-range goals and intermediate-range plans, detail priorities and estimate costs.
51.42(5)(a)2.
2. Develop coordination of local services and continuity of care where indicated.
51.42(5)(a)3.
3. Utilize available community resources and develop new resources necessary to carry out the purposes of this section.
51.42(5)(a)4.
4. Appoint a county community programs director, subject to the approval of each county board of supervisors which participated in the appointment of the county community programs board, on the basis of recognized and demonstrated interest in and knowledge of the problems of mental health, developmental disability, alcoholism and drug addiction, with due regard to training, experience, executive and administrative ability, and general qualification and fitness for the performance of the duties of the county community programs director under
sub. (6). The county board of supervisors in a county with a single-county department of community programs or the county boards of supervisors in counties with a multicounty department of community programs may delegate this appointing authority to the county community programs board.
51.42(5)(a)5.
5. Fix the salaries of the employees of the county department of community programs, subject to the approval of each county board of supervisors which participated in the appointment of the county community programs board unless such county board of supervisors elects not to review the salaries.
51.42(5)(a)6.
6. Prepare a proposed budget for submission to the county board and a final budget for submission to the department of health and family services in accordance with
s. 46.031 (1).
51.42(5)(a)7.
7. Appoint committees consisting of residents of the county to advise the county community programs board as it deems necessary.
51.42(5)(a)8.
8. Develop county community programs board operating procedures.
51.42(5)(a)10.
10. Assist in arranging cooperative working agreements with persons providing health, education, vocational or welfare services related to services provided under this section.
51.42(5)(a)12.
12. Determine, subject to the approval of the county board of supervisors in a county with a single-county department of community programs or the county boards of supervisors in counties with a multicounty department of community programs and with the advice of the county community programs director appointed under
subd. 4., whether services are to be provided directly by the county department of community programs or contracted for with other providers and make such contracts. The county board of supervisors in a county with a single-county department of community programs or the county boards of supervisors in counties with a multicounty department of community programs 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 community programs or the county boards of supervisors in counties with a multicounty department of community programs.
51.42(5)(b)
(b) Subject to the approval of the county board of supervisors in a county with a single-county department of community programs or the county boards of supervisors in counties with a multicounty department of community programs and with the advice of the county community programs director appointed under
par. (a) 4., a county community programs board appointed under
sub. (4) (a) 1. may, together with a private or public organization or affiliation, do all of the following:
51.42(5)(b)1.
1. Organize, establish and participate in the governance and operation of an entity to operate, wholly or in part, any mental health-related service.
51.42(5)(b)3.
3. Provide administrative and financial services or resources for operation of the entity under
subd. 1. on terms prescribed by the county board of supervisors.
51.42(5a)
(5a) Powers and duties of county community programs board in certain counties with a county executive or county administrator. 51.42(5a)(a)(a) A county community programs board appointed under
sub. (4) (a) 2. shall do all of the following:
51.42(5a)(a)1.
1. Appoint committees consisting of residents of the county to advise the county community programs board as it deems necessary.
51.42(5a)(a)2.
2. Recommend program priorities, identify unmet service needs and prepare short-term and long-term plans and budgets for meeting such priorities and needs.
51.42(5a)(a)3.
3. Prepare, with the assistance of the county community programs director appointed under
sub. (6m), 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 in accordance with
s. 46.031 (1) for authorized services.
51.42(5a)(a)4.
4. Advise the county community programs director appointed under
sub. (6m) 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.
51.42(5a)(a)5.
5. Develop county community programs board operating procedures.
51.42(5a)(a)7.
7. Assist in arranging cooperative working agreements with persons providing health, education, vocational or welfare services related to services provided under this section.
51.42(5a)(a)8.
8. Advise the county community programs director regarding coordination of local services and continuity of care.
51.42(5a)(b)
(b) The county community programs director, subject only to the supervision of the county executive or county administrator, may do all of the following:
51.42(5a)(b)1.
1. Organize, establish and participate in the governance and operation of an entity to operate, wholly or in part, any mental health-related service.
51.42(5a)(b)3.
3. Provide administrative and financial services or resources for operation of the entity under
subd. 1. on terms prescribed by the county executive or county administrator.
51.42(6)
(6) Powers and duties of county community programs director in certain counties. A county community programs director appointed under
sub. (5) (a) 4. shall have all of the administrative and executive powers and duties of managing, operating, maintaining and improving the programs of the county department of community programs, subject to such delegation of authority as is not inconsistent with this section and the rules of the department of health and family services promulgated under this section. In consultation and agreement with the county community programs board, the county community programs director appointed under sub.
(5) (d) shall do all of the following:
51.42(6)(a)
(a) Prepare an annual comprehensive plan and budget of all funds necessary for the program and services authorized by this section in which priorities and objectives for the year are established as well as any modifications of long-range objectives.
51.42(6)(c)
(c) Prepare an annual report of the operation of the program.
51.42(6)(d)
(d) Prepare other reports as are required by the secretary and the county board of supervisors in a county with a single-county department of community programs or the county boards of supervisors in counties with a multicounty department of community programs.
51.42(6)(e)
(e) Make recommendations to the county community programs board under
sub. (5) for all of the following:
51.42(6)(f)
(f) After consultation with the county community programs board, administer the duties of the county department of community programs under
sub. (3) (aw) 2.
51.42(6m)
(6m) County community programs director in certain counties with a county executive or county administrator. In any county with a county executive or county administrator in which the county board of supervisors has established a single-county department of community programs, the county executive or county administrator shall appoint and supervise the county community programs 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 community programs director. The appointment of a county community programs director under this subsection shall be on the basis of recognized and demonstrated interest in and knowledge of the problems of mental health, mental retardation, alcoholism and drug addiction, with due regard to training, experience, executive and administrative ability, and general qualification and fitness for the performance of the duties of the director. The appointment of a county community programs director under this subsection 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 community programs director, subject only to the supervision of the county executive or county administrator, shall:
51.42(6m)(a)
(a) Supervise and administer any program established under this section, subject to such delegation of authority as is not inconsistent with this section and the rules of the department of health and family services promulgated under this section.
51.42(6m)(b)
(b) Determine administrative and program procedures.
51.42(6m)(c)
(c) Determine, subject to the approval of the county board of supervisors and with the advice of the county community programs board, whether services are to be provided directly by the county department of community programs 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.
51.42(6m)(e)
(e) Assist the county community programs board under
sub. (5a) in the preparation of the budgets required under
sub. (5a) (a) 3.
51.42(6m)(f)
(f) Make recommendations to the county executive or county administrator regarding modifications to the proposed budget prepared by the county community programs board under
sub. (5a) (a) 3.
51.42(6m)(h)
(h) After consultation with the county community programs board under
sub. (5a), administer the duties of the county department of community programs under
sub. (3) (aw) 2.
51.42(6m)(i)
(i) Establish salaries and personnel policies of the programs of the county department of community programs subject to approval of the county executive or county administrator and county board of supervisors unless the county board of supervisors elects not to review the salaries and personnel policies.
51.42(6m)(j)
(j) Perform other functions necessary to manage, operate, maintain and improve programs.
51.42(6m)(L)
(L) Utilize available community resources and develop new resources necessary to carry out the purposes of this section.
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.
