46.23(5)(a)2.
2. Shall determine administrative and program policies under
ch. 48 and
subch. III of ch. 49 within limits established by the department of children and families. Policy decisions under
ch. 48 and
subch. III of ch. 49 not reserved by statute for the department of children and families may be delegated by the secretary of children and families to the county human services board.
46.23(5)(a)3.
3. Shall determine juvenile delinquency-related administrative programs and policies within limits established by the department of corrections. Juvenile delinquency-related policy decisions not reserved by statute for the department of corrections may be delegated by the secretary of corrections to the county human services board.
46.23(5)(b)
(b) Shall establish priorities in addition to those mandated by the department of health services, the department of corrections, or the department of children and families.
46.23(5)(c)1.1. Shall determine whether state mandated services, except for services under
ch. 48 and
subch. III of ch. 49 and juvenile delinquency-related services, are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of services contracts shall be subject to the conditions specified in
s. 46.036.
46.23(5)(c)2.
2. Shall determine whether state mandated services under
ch. 48 and
subch. III of ch. 49 are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of services contracts shall be subject to the conditions specified in
s. 49.34.
46.23(5)(c)3.
3. Shall determine whether state mandated juvenile delinquency-related services are provided or purchased or contracted for with local providers, and monitor the performance of such contracts. Purchase of service contracts shall be subject to the conditions specified in
s. 301.031.
46.23(5)(d)
(d) Shall determine, subject to the approval of the county board of supervisors in a county with a single-county department of human services or the county boards of supervisors in counties with a multicounty department of human services and with the advice of the county human services director appointed under
par. (f), whether services are to be provided directly by the county department of human 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 human services or the county boards of supervisors in counties with a multicounty department of human 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 human services or the county boards of supervisors in counties with a multicounty department of human services.
46.23(5)(e)
(e) Shall represent human service agencies, professionals and consumers of services in negotiations with the state and federal governments.
46.23(5)(f)
(f) Shall appoint a county human services director on the basis of recognized and demonstrated interest in and knowledge of human services problems, with due regard to training, experience, executive and administrative ability and general qualification and fitness for the performance of the duties of the county human services director. The appointment is subject to the personnel policies and procedures established by each county board of supervisors which participated in the appointment of the county human services board.
46.23(5)(g)
(g) Shall appoint advisory committees for the purpose of receiving community, professional or technical information concerning particular policy considerations.
46.23(5)(h)
(h) Shall determine the number and location of outstations when appropriate to meet service demands.
46.23(5)(i)
(i) May recommend the removal of the county human services director for cause to each county board of supervisors which participated in the appointment of the county human services board, and each such county board of supervisors may remove the county human services director for cause by a two-thirds vote of each such county, on due notice in writing and hearing of the charges against the county human services director.
46.23(5)(j)
(j) Shall develop county human services board operating procedures.
46.23(5)(k)
(k) Shall oversee the operation of one or more service delivery programs.
46.23(5)(m)
(m) May perform such other general functions necessary to administer the program.
46.23(5)(n)1.1. Shall submit a final budget in accordance with
s. 46.031 (1) for authorized services, except for services under
ch. 48 and
subch. III of ch. 49 and juvenile delinquency-related services. Notwithstanding the categorization of or limits specified for funds allocated under
s. 46.495 or
51.423 (2), with the approval of the department of health services the county human services board may expend these funds consistent with any service provided under
s. 46.495 or
51.42.
46.23(5)(n)2.
2. Shall submit a final budget in accordance with
s. 49.325 (1) for authorized services under
ch. 48 and
subch. III of ch. 49. Notwithstanding the categorization of or limits specified for funds allocated under
s. 48.569, with the approval of the department of children and families the county human services board may expend these funds consistent with any service provided under
s. 48.569.
46.23(5)(n)3.
3. Shall submit a final budget in accordance with
s. 301.031 (1) for authorized juvenile delinquency-related services.
46.23(5)(o)
(o) Shall cooperate to the extent feasible with the school board, health planning agencies, law enforcement agencies, and other human service agencies, committees and planning bodies in the geographic area served by the county human services board.
46.23(5m)
(5m) Powers and duties of county human services board in certain counties with a county executive or county administrator. A county human services board appointed under
sub. (4) (b) 2. shall:
46.23(5m)(a)
(a) Appoint committees consisting of residents of the county to advise the county human services board as it deems necessary.
46.23(5m)(b)
(b) Recommend program priorities and policies, identify unmet service needs and prepare short-term and long-term plans and budgets for meeting such priorities and needs.
46.23(5m)(c)
(c) Prepare, with the assistance of the county human services director under
sub. (6m) (e), a proposed budget for submission to the county executive or county administrator, a final budget for submission to the department of health services in accordance with
s. 46.031 (1) for authorized services, except services under
ch. 48 and
subch. III of ch. 49 and juvenile delinquency-related services, a final budget for submission to the department of children and families in accordance with
s. 49.325 for authorized services under
ch. 48 and
subch. III of ch. 49, and a final budget for submission to the department of corrections in accordance with
s. 301.031 for authorized juvenile delinquency-related services.
46.23(5m)(d)
(d) Advise the county human services director 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.
46.23(5m)(e)
(e) Develop county human services board operating procedures.
46.23(5m)(g)
(g) Assist in arranging cooperative working agreements with persons providing health, education, vocational or welfare services related to services provided under this section.
46.23(6)
(6) Powers and duties of county human services director in certain counties. 46.23(6)(a)(a) A county human services director appointed under
sub. (5) (f) shall have all of the administrative and executive powers and duties of managing, operating, maintaining, and improving the programs of the county department of human services, subject to the rules promulgated by the department of health services for programs, except services or programs under
ch. 48 and
subch. III of ch. 49 and juvenile delinquency-related services or programs, subject to the rules promulgated by the department of children and families for services or programs under
ch. 48 and
subch. III of ch. 49, and subject to the rules promulgated by the department of corrections for juvenile delinquency-related services or programs. In consultation with the county human services board under
sub. (5) and subject to its approval, the county human services director shall prepare:
46.23(6)(a)1.
1. 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.
46.23(6)(a)3.
3. Such other reports as are required by the secretary of health services, by the secretary of corrections, or by the secretary of children and families and the county board of supervisors in a county with a single-county department of human services or the county boards of supervisors in counties with a multicounty department of human services.
46.23(6)(c)
(c) A county human services director under this subsection shall make recommendations to the county human services board under
sub. (5) for:
46.23(6)(c)2.
2. Changes in the organization and management of the program.
46.23(6)(e)
(e) A county human services director under this subsection shall comply with state requirements.
46.23(6m)
(6m) County human services 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 human services, the county executive or county administrator shall appoint a county human services director on the basis of recognized and demonstrated interest in and knowledge of human services problems, 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 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 human services director, subject only to the supervision of the county executive or county administrator, shall:
46.23(6m)(a)
(a) Supervise and administer any program for which supervision and administration is authorized under this section.
46.23(6m)(b)
(b) Determine administrative and program procedures and administrative policies.
46.23(6m)(c)
(c) Determine, subject to the approval of the county board of supervisors and with the advice of the county human services board under
sub. (5m), whether services are to be provided directly by the county department of human 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.
46.23(6m)(f)
(f) Make recommendations to the county executive or county administrator regarding modifications to the proposed budget prepared by the county human services board under
sub. (5m) (c).
46.23(6m)(j)
(j) Perform other functions necessary to manage, operate, maintain and improve programs.
46.23(6m)(L)
(L) Represent human service agencies, professionals and consumers of services in negotiations with the state and federal governments.
46.23(6m)(m)
(m) Determine the number and location of outstations when appropriate to meet service demands.
46.23 History
History: 1975 c. 39,
224;
1977 c. 29;
1981 c. 20,
93,
291;
1981 c. 329 s.
31;
1983 a. 27 ss.
962,
2202 (20);
1985 a. 29 ss.
844m to
860,
3200 (56) (a);
1985 a. 120,
176,
332;
1987 a. 186;
1987 a. 403 s.
256;
1989 a. 56,
359;
1991 a. 274;
1993 a. 16,
27,
83,
445,
491;
1995 a. 27 ss.
2112 to
2127,
9126 (19),
9130 (4);
1995 a. 64,
201,
352,
417;
1997 a. 3,
164,
268,
283;
1999 a. 9;
2005 a. 264,
388,
406;
2007 a. 20 ss.
878 to
891,
9121 (6) (a);
2007 a. 45,
96;
2009 a. 28,
180.
46.23 Annotation
There is no unconditional guarantee of continued employment under sub. (3) (d); employment is continued during a reorganization unless civil service rules provide otherwise. Dane County v. McCartney,
166 Wis. 2d 956,
480 N.W.2d 830 (Ct. App. 1992).
46.23 Annotation
Boards and directors may view client information without written and informed consent for any purpose related to their powers and duties. 69 Atty. Gen. 273.
46.23 Annotation
Officers, employees, and directors of public or private entities that furnish "human services" to a county may not be appointed to the board under sub. (4) (a); this provision does not extend to family members of "human services" providers.
80 Atty. Gen. 30.
46.23 Annotation
Because there is no explicit statutory authority for county human services departments to accept gifts, the statutory scheme contemplates that gifts, grants, and donations to a county human services department created under this section may be accepted only by the county board of supervisors.
OAG 1-08.
46.238
46.238
Infants and unborn children whose mothers abuse controlled substances or controlled substance analogs. If an agency, as defined in
s. 48.981 (1) (ag), receives a report under
s. 146.0255 (2) and that agency is a county department under
s. 46.22 or
46.23 or a licensed child welfare agency under contract with that county department, the agency shall offer to provide appropriate services and treatment to the child and the child's mother or to the unborn child, as defined in
s. 48.02 (19), and the expectant mother of the unborn child or the agency shall make arrangements for the provision of appropriate services and treatment. If an agency receives a report under
s. 146.0255 (2) and that agency is the department or a licensed child welfare agency under contract with the department, the agency shall refer the report to the county department under
s. 51.42 or
51.437 and that county department shall offer to provide, or make arrangements for the provision of, those services and that treatment.
46.245
46.245
Information for certain pregnant women. Upon request, a county department under
s. 46.215,
46.22 or
46.23 shall distribute the materials described under
s. 253.10 (3) (d), as prepared and distributed by the department. A physician who intends to perform or induce an abortion or another qualified physician, as defined in
s. 253.10 (2) (g), who reasonably believes that he or she might have a patient for whom the information under
s. 253.10 (3) (d) is required to be given, shall request a reasonably adequate number of the materials from the county department under this section or from the department under
s. 253.10 (3) (d). An individual may request a reasonably adequate number of the materials.
46.266
46.266
Treatment funds for mentally ill persons. 46.266(1)(1) Notwithstanding
s. 49.45 (6m) (ag) and except as provided in
sub. (3), if before July 1, 1989, the federal health care financing administration or the department found a skilled nursing facility or intermediate care facility in this state that provides care to medical assistance recipients for which the facility receives reimbursement under
s. 49.45 (6m) to be an institution for mental diseases, the department shall allocate funds from the appropriation account under
s. 20.435 (5) (be) for distribution under this section to a county department under
s. 51.42 for the care, in the community or in a facility found to be an institution for mental diseases, of the following persons:
46.266(1)(a)
(a) A person who resided in the facility on the date of the finding whose care in the facility is disallowed for federal financial participation.
46.266(1)(b)
(b) A person who is aged 21 to 64, who has a primary diagnosis of mental illness, who would meet the level of care requirements for medical assistance reimbursement in a skilled nursing facility or intermediate care facility but for a finding that the facility is an institution for mental diseases, and for whom services would be provided in place of a person specified in
par. (a) who discontinues services.
46.266(1)(c)
(c) A person who is provided services in the community under this subsection, who was relocated from a nursing home found to be an institution for mental diseases and who reenters, within 6 months following his or her first receipt of services under this subsection, a nursing home that was, before July 1, 1989, found to be an institution for mental diseases.
46.266(1)(d)
(d) A person in the facility who has been determined under
s. 49.45 (6c) (b) to require active treatment for mental illness.
46.266(2)
(2) Funds distributed under
sub. (1) shall be all of the following:
46.266(2)(a)
(a) The amount of $10,914,700 in each fiscal year, subject to all of the following conditions:
46.266(2)(a)1.
1. Funding for treatment in an institution for mental diseases may not exceed 90% of the daily medical assistance reimbursement rate under
s. 49.45 (6m) of the facility.
46.266(2)(a)2.
2. Funding for community care, for persons who were relocated by a county department to the community from an institution for mental diseases before January 1, 1993, may not exceed 60% of the daily medical assistance reimbursement rate under
s. 49.45 (6m) of the facility.
46.266(2)(a)3.
3. Funding for community care, for persons who were relocated by a county department to the community from an institution for mental diseases after December 31, 1992, may not exceed 90% of the daily medical assistance reimbursement rate under
s. 49.45 (6m) of the facility, if the facility closes a bed under
sub. (8) (a).
46.266(2)(a)4.
4. Funding for community care, for persons who were relocated by a county department to the community from an institution for mental diseases after December 31, 1992, may not exceed 60% of the daily medical assistance reimbursement rate under
s. 49.45 (6m) of the facility, if the requirement to close a bed under
sub. (8) (a) is waived by the department under
sub. (8) (b) or if
sub. (9) applies.
46.266(2)(a)5.
5. Funding for services in the community is not authorized under
s. 46.277 for the person or for a person receiving care under
s. 46.40 and for whom care under
s. 46.277 might be substituted.
46.266(2)(a)6.
6. If funding for treatment in institutions for mental diseases and for community care under this section is insufficient to reimburse all eligible costs, the department shall prorate the funds.
46.266(2)(a)7.
7. Funding under this paragraph shall be reduced by the amount of any funds provided as reimbursement to a skilled nursing facility or intermediate care facility under this paragraph after the date of a finding, if any, by the federal health care financing administration that the facility is no longer an institution for mental diseases and is eligible for reimbursement under
s. 49.45 (6m).
46.266(2)(a)8.
8. Funding under this paragraph requires compliance by an institution for mental diseases with the requirements under
s. 49.45 (6c).
46.266(2)(b)
(b) Funds, calculated according to a method specified by the department, equivalent to the state share of the average daily medical assistance payment for noninstitutional medical services for residents of skilled nursing facilities or intermediate care facilities found to be institutions for mental diseases whose care has been disallowed for federal financial participation.
46.266(3)
(3) The total number of beds in skilled nursing facilities or intermediate care facilities that are funded at any one time under
subs. (1) and
(2) may not exceed the number of beds available for the persons specified in
sub. (1) (a), minus the number of beds reduced under
sub. (8) (a), plus the number of beds added for persons who are specified under
sub. (1) (c) and
(d). The department may redistribute funds for a vacant bed from one county to another county that is seeking to effect the placement of a person in an institution for mental diseases.
46.266(4)
(4) The county department under
s. 51.42 to which funding shall be provided under
sub. (1) is one of the following:
46.266(4)(a)
(a) The county department in the county of residence of the person whose care in the facility has been disallowed for federal financial participation.
46.266(4)(b)
(b) If the department is unable to determine the county of residence under
par. (a), the county department of the county in which is located the facility where the person resided on the date of the finding by the federal health care financing administration or the department.
46.266(5)
(5) The board under
s. 51.42 (5) or, in a county with a county administrator or a county executive, the director under
s. 51.42 (6m) shall use funds provided under this section to contribute to the cost of the person's continued care in an institution for mental diseases or in the community.
46.266(6)
(6) No skilled nursing facility or intermediate care facility that has residents who are 21 to 64 years of age and have primary diagnoses of mental illness may receive funds under this section unless the skilled nursing facility or intermediate care facility has received distinct part or separate licensure under
s. 50.03 (1m).
46.266(7)
(7) The department is not required to decrease the statewide nursing home bed limit under
s. 150.31 to account for institution for mental diseases beds closed under this section and, notwithstanding
subch. II of ch. 150, may redistribute the institution for mental diseases beds made available by the provision of services under this section if the department promulgates rules establishing a method by which the beds will be redistributed.
46.266(8)(a)(a) Except as provided in
sub. (9), if a county department seeks to relocate a person from an institution for mental diseases to the community using funds provided under
sub. (1), the county department shall first obtain approval of the institution for mental diseases to terminate use of the bed occupied by the individual as part of a plan submitted by the institution for mental diseases and approved by the department.
46.266(8)(b)
(b) The department may waive the requirement under
par. (a) for relocations that are part of a plan submitted by the institution for mental diseases and approved by the department that the department expects will result in all of the following:
46.266(8)(b)1.
1. A finding by the federal health care financing administration that the nursing home is no longer an institution for mental diseases.
