51.032
51.032
Denial and revocations of certification or approval based on tax delinquency. 51.032(1)
(1) Except as provided in
sub. (1m), the department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing any of the following:
51.032(1m)
(1m) If an individual who applies for a certification or approval under
sub. (1) does not have a social security number, the individual, as a condition of obtaining the certification or approval, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A certification or approval issued in reliance upon a false statement submitted under this subsection is invalid.
51.032(2)
(2) The department may not disclose any information received under
sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under
s. 73.0301.
51.032(3)
(3) Except as provided in
sub. (1m), the department shall deny an application for the issuance of a certification or approval specified in
sub. (1) if the applicant does not provide the information specified in
sub. (1).
51.032(4)
(4) The department shall deny an application for the issuance of a certification or approval specified in
sub. (1) or shall revoke a certification or approval specified in
sub. (1) if the department of revenue certifies under
s. 73.0301 that the applicant for or holder of a certification or approval is liable for delinquent taxes.
51.038
51.038
Outpatient mental health clinic certification. Except as provided in
s. 51.032, if a facility that provides mental health services on an outpatient basis holds current accreditation from the council on accreditation of services for families and children, the department may accept evidence of this accreditation as equivalent to the standards established by the department, for the purpose of certifying the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under
s. 49.46 (2) (b) 6. f. or
49.471 (11) (k), a community aids funding recipient under
s. 51.423 (2) or as mandated coverage under
s. 632.89.
51.04
51.04
Treatment facility certification. Except as provided in
s. 51.032, any treatment facility may apply to the department for certification of the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under
s. 49.46 (2) (b) 6. f. or
49.471 (11) (k) or to a community aids funding recipient under
s. 51.423 (2) or provided as mandated coverage under
s. 632.89. The department shall annually charge a fee for each certification.
51.04 History
History: 1975 c. 224; Stats. 1975 s. 51.44;
1975 c. 430 s.
53m; Stats. 1975 s. 51.04;
1983 a. 27;
1985 a. 29,
176;
1995 a. 27;
1997 a. 237;
2007 a. 20.
51.04 Cross-reference
Cross-reference: See also ch.
DHS 35, Wis. adm. code.
51.05
51.05
Mental health institutes. 51.05(1)
(1)
Designation. The mental health institute located at Mendota is known as the "Mendota Mental Health Institute" and the mental health institute located at Winnebago is known as the "Winnebago Mental Health Institute". Goodland Hall West, a facility located at Mendota Mental Health Institute, is designated as the "Maximum Security Facility at Mendota Mental Health Institute". The department shall divide the state by counties into 2 districts, and may change the boundaries of these districts, arranging them with reference to the number of patients residing in them at a given time, the capacity of the institutes and the convenience of access to them.
51.05(2)
(2) Admissions authorized by counties. The department may not accept for admission to a mental health institute any resident person, except in an emergency, unless the county department under
s. 51.42 in the county where the person has residence authorizes the care under
s. 51.42 (3) (as). Patients who are committed to the department under s.
975.01, 1977 stats., or s.
975.02, 1977 stats., or
s. 971.14,
971.17,
975.06, or
980.06, admitted by the department under s.
975.17, 1977 stats., or are transferred from a juvenile correctional facility or a secured residential care center for children and youth to a state treatment facility under
s. 51.35 (3) or from a jail or prison to a state treatment facility under
s. 51.37 (5) are not subject to this section.
51.05(3)
(3) Admissions authorized by department. Any person who is without a county responsible for his or her care and any person entering this state through the compact established under
s. 51.75 may be accepted by the department and temporarily admitted to an institute. Such person shall be transferred to the county department under
s. 51.42 for the community where the best interests of the person can best be served, as soon as practicable.
51.05(4)
(4) Transfers and discharges. The transfer or discharge of any person who is placed in a mental health institute shall be made subject to
s. 51.35.
51.05(5)
(5) School activities. If an individual over the age of 2 and under the age of 22 and eligible for special education and related services under
subch. V of ch. 115 is committed, admitted or transferred to or is a resident of the Mendota Mental Health Institute or Winnebago Mental Health Institute, the individual shall attend a school program operated by the applicable mental health institute or a school outside the applicable mental health institute which is approved by the department of public instruction. A school program operated by the Mendota Mental Health Institute or Winnebago Mental Health Institute shall be under the supervision of the department of public instruction and shall meet standards prescribed by that agency.
51.05(6)
(6) Hearing-impaired individuals. The department shall provide mental health services appropriate for hearing-impaired individuals who are residents of or are committed, admitted or transferred to a mental health institute.
51.06
51.06
Centers for the developmentally disabled. 51.06(1)(1)
Purpose. The purpose of the northern center for developmentally disabled, central center for developmentally disabled and southern center for developmentally disabled is to provide services needed by developmentally disabled citizens of this state that are otherwise unavailable to them, and to return those persons to the community when their needs can be met at the local level.
51.06(1m)
(1m) Services. Services to be provided by the department at centers for the developmentally disabled shall include:
51.06(1m)(a)
(a) Education within the requirements of
sub. (2), training, habilitative and rehabilitative services to those persons placed in its custody.
51.06(1m)(b)
(b) Development-evaluation services to citizens through county departments under
ss. 51.42 and
51.437.
51.06(1m)(c)
(c) Assistance to such community boards in meeting the needs of developmentally disabled citizens.
51.06(1m)(d)
(d) Services for individuals with developmental disability who are also diagnosed as mentally ill or who exhibit extremely aggressive and challenging behaviors.
51.06(1r)(a)(a) In addition to services provided under
sub. (1m), the department may, when the department determines that community services need to be supplemented, authorize a center for the developmentally disabled to offer short-term residential services, dental and mental health services, therapy services, psychiatric and psychological services, general medical services, pharmacy services, and orthotics.
51.06(1r)(b)
(b) Services under this subsection may be provided only under contract between the department and a county department under
s. 46.215,
46.22,
46.23,
51.42, or
51.437, a school district, or another public or private entity within the state to persons referred from those entities, at the discretion of the department. The department shall charge the referring entity all costs associated with providing the services. Unless a referral is made, the department may not offer services under this subsection to the person who is to receive the services or to his or her family. The department may not impose a charge for services under this subsection upon the person receiving the services or upon his or her family. Any revenues received under this subsection shall be credited to the appropriation account under
s. 20.435 (2) (g).
51.06(1r)(c)1.1. Services under this subsection are governed by subchapter XVI of
ch. 48 and
ss. 50.03,
50.032,
50.033,
50.034 (1) to
(3),
50.035,
50.04,
50.09,
51.04,
51.42 (7) (b), and
51.61, for the application of which the services shall be considered to be provided by a private entity, by rules promulgated under those statutes, and by the terms of the contract between the department, except that, in the event of a conflict between the contractual terms and the statutes or rules, the services shall comply with the contractual, statutory, or rules provision that is most protective of the service recipient's health, safety, welfare, or rights.
51.06(1r)(c)3.
3. The department may not be required, by court order or otherwise, to offer services under this subsection.
51.06(1r)(d)
(d) A residential facility operated by a center for the developmentally disabled that is authorized by the department under this subsection may not be considered to be a hospital, as defined in
s. 50.33 (2), an inpatient facility, a state treatment facility, or a treatment facility.
51.06(2)
(2) School activities. If an individual over the age of 2 years and under the age of 22 years and eligible for special education and related services under
subch. V of ch. 115 is admitted to, is placed in or is a resident of a center, the individual shall attend a school program operated by the center or a school outside the center which is approved by the department of public instruction. A school program operated by the center shall be under the supervision of the department of public instruction and shall meet standards prescribed by that agency.
51.06(3)(a)(a) Subject to
par. (b), individuals under the age of 22 years shall be placed only at the central center for the developmentally disabled unless the department authorizes the placement of the individual at the northern or southern center for the developmentally disabled.
51.06(3)(b)
(b) An individual may be placed at or transferred to a center for the developmentally disabled for services under
sub. (1m) (d) only after all of the following conditions are met:
51.06(3)(b)1.
1. The department determines that a licensed bed and other necessary resources are available to provide services to the individual.
51.06(3)(b)2.
2. The department and the county of residence of the individual agree on a maximum discharge date for the individual.
51.06(4)
(4) Transfer or discharge. The transfer or discharge of any person who is placed in a center for the developmentally disabled shall be made subject to
s. 51.35.
51.06(5)
(5) Surcharge for extended intensive treatment. The department may impose on a county a progressive surcharge for services under
sub. (1m) (d) that an individual receives after the maximum discharge date for the individual that was agreed upon under
sub. (3) (b) 2. The surcharge is 10% of the amount paid for the individual's services under
s. 49.45 during any part of the first 6-month period following the maximum discharge date, and increases by 10% of the amount paid for the individual's services under
s. 49.45 during any part of each 6-month period thereafter. Any revenues received under this subsection shall be credited to the appropriation account under
s. 20.435 (2) (gL).
51.06(6)
(6) Sale of assets or real property at Northern Center for the Developmentally Disabled. The department may maintain the Northern Center for the Developmentally Disabled for the purpose specified in
sub. (1), but may sell assets or real property of the Northern Center for the Developmentally Disabled. If there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold under this subsection, the department shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under
s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the property was purchased with federal financial assistance, the department shall pay to the federal government any of the net proceeds required by federal law. If there is no such debt outstanding and there are no moneys payable to the federal government, or if the net proceeds exceed the amount required to be deposited or paid under this subsection, the department shall credit the net proceeds or remaining net proceeds to the appropriation account under
s. 20.435 (2) (gk).
51.06(8)(a)1.
1. "Intermediate care facility for persons with mental retardation" has the meaning given for "intermediate care facility for the mentally retarded" under
42 USC 1396d (d).
51.06(8)(b)
(b) Annually by October 1, the department shall submit to the joint committee on finance and to the appropriate standing committees of the legislature under
s. 13.172 (3) a report that includes information collected from the previous fiscal year on the relocation or diversion of individuals who are Medical Assistance eligibles or recipients from nursing homes, intermediate care facilities for persons with mental retardation, and centers for the developmentally disabled. The report shall include all of the following information:
51.06(8)(b)1.
1. The impact of the relocations and diversions on the health and safety of the individuals relocated or diverted.
51.06(8)(b)2.
2. The extent of involvement of guardians or family members of the individuals in efforts to relocate or divert the individuals.
51.06(8)(b)3.
3. The nature and duration of relocations or diversions that specifies the locations of relocated or diverted individuals every year after home or community placement occurs, so as to keep track of the individuals on an ongoing basis.
51.06(8)(b)4.
4. An accounting of the costs and savings under the Medical Assistance program of relocations and diversions and the resulting reduction in capacity for services of nursing homes, intermediate care facilities for persons with mental retardation, and centers for the developmentally disabled. The accounting shall include the per individual savings as well as the collective savings of relocations and diversions.
51.06(8)(b)5.
5. The costs under the Medical Assistance program of administration, housing, and other services, including nursing, personal care, and physical therapy services, that are associated with the relocations and diversions.
51.06(8)(b)6.
6. The extent of Medical Assistance provided to relocated or diverted individuals that is in addition to Medical Assistance provided to the individuals under
s. 46.27 (11),
46.275,
46.277, or
46.278, as a family care benefit under
ss. 46.2805 to
46.2895, or under any other home-based or community-based program for which the department has received a waiver under
42 USC 2396n (c) [
42 USC 1396n (c)].
51.06 Note
NOTE: The correct cross-reference is shown in brackets. Corrective legislation is pending.
51.06(8)(b)7.
7. Staff turnover rates for nursing homes, intermediate care facilities for persons with mental retardation, and centers for the developmentally disabled in communities in which an individual relocated or diverted from a nursing home, intermediate care facility for persons with mental retardation, or center for the developmentally disabled currently resides.
51.06(10)
(10) Relocations from southern center. 51.06(10)(a)(a) The department shall create a form on which a resident of the southern center for the developmentally disabled, or the resident's guardian, may indicate a preference for where the resident would like to live. The department shall make the form available to all residents of the southern center for the developmentally disabled and to their guardians. The department shall maintain the completed form with the resident's treatment records.
51.06(10)(b)
(b) The department shall ensure that, if a resident is to be relocated from the southern center for the developmentally disabled, members of the center staff who provide direct care for the resident are consulted in developing a residential placement plan for the resident.
51.06(10)(c)
(c) If a resident of the southern center for the developmentally disabled is relocated from the center after July 1, 2009, the department shall provide the resident's guardian or, if the resident is a minor and does not have a guardian, the resident's parent information regarding the process for appealing the decision to relocate the resident and the process for filing a grievance regarding the decision.
51.07
51.07
Outpatient services. 51.07(1)(1) The department may establish a system of outpatient clinic services in any institution operated by the department.
51.07(2)
(2) It is the purpose of this section to:
51.07(2)(a)
(a) Provide outpatient diagnostic and treatment services for patients and their families.
51.07(2)(b)
(b) Offer precommitment and preadmission evaluations and studies.
51.07(3)
(3) The department may provide outpatient services only to patients contracted for with county departments under
ss. 51.42 and
51.437 in accordance with
s. 46.03 (18), except for those patients whom the department finds to be nonresidents of this state and persons receiving services under contracts under
s. 46.043. The full and actual cost less applicable collections of services contracted for with county departments under
s. 51.42 or
51.437 shall be charged to the respective county department under
s. 51.42 or
51.437. The state shall provide the services required for patient care only if no outpatient services are funded by the department in the county or group of counties served by the respective county department under
s. 51.42 or
51.437.
51.08
51.08
Milwaukee County Mental Health Complex. Any county having a population of 500,000 or more may, pursuant to
s. 46.17, establish and maintain a county mental health complex. The county mental health complex shall be a hospital devoted to the detention and care of drug addicts, alcoholics, chronic patients and mentally ill persons whose mental illness is acute. Such hospital shall be governed pursuant to
s. 46.21. Treatment of alcoholics at the county mental health complex is subject to approval by the department under
s. 51.45 (8). The county mental health complex established pursuant to this section is subject to rules promulgated by the department concerning hospital standards.
51.09
51.09
County hospitals. Any county having a population of less than 500,000 may establish a hospital or facilities for the detention and care of mentally ill persons, alcoholics and drug addicts; and in connection therewith a hospital or facility for the care of cases afflicted with pulmonary tuberculosis. County hospitals established pursuant to this section are subject to rules promulgated by the department concerning hospital standards, including standards for alcoholic treatment facilities under
s. 51.45 (8).
51.09 History
History: 1971 c. 211;
1973 c. 198;
1975 c. 430 s.
16; Stats. 1975 s. 51.09;
1985 a. 332 s.
251 (1).
51.10
51.10
Voluntary admission of adults. 51.10(1)
(1) With the approval of the treatment director of the treatment facility or the director's designee, or in the case of a center for the developmentally disabled, the director of the center or the director's designee, and the approval of the director of the appropriate county department under
s. 51.42 or
51.437, an adult desiring admission to an approved inpatient treatment facility may be admitted upon application. This subsection applies only to admissions made through a county department under
s. 51.42 or
51.437 or through the department.
51.10(2)
(2) With the approval of the director of the treatment facility or the director's designee and the director of the appropriate county department under
s. 51.42 or
51.437, an adult may be voluntarily admitted to a state inpatient treatment facility.
51.10(3)
(3) Voluntary admission of adult alcoholics shall be in accordance with
s. 51.45 (10).
51.10(4)
(4) The criteria for voluntary admission to an inpatient treatment facility shall be based on an evaluation that the applicant is mentally ill or developmentally disabled, or is an alcoholic or drug dependent and that the person has the potential to benefit from inpatient care, treatment or therapy. An applicant is not required to meet a standard of dangerousness under
s. 51.20 (1) (a) 2. to be eligible for the benefits of voluntary treatment programs. An applicant may be admitted for the purpose of making a diagnostic evaluation.
51.10(4m)(a)(a) An adult who has an identified funding source that is not obtained through the county department and who meets the criteria for voluntary admission under
sub. (4) or an adult whose admission is approved under
sub. (1) or
(2) and who meets the criteria for voluntary admission under
sub. (4) may be admitted to an inpatient treatment facility if all of the following requirements are met:
51.10(4m)(a)1.
1. A physician of the facility submits a signed request and certifies in writing, before not less than 2 witnesses, that the physician has advised the patient in the presence of the witnesses both orally and in writing of the person's rights under
sub. (5) and of the benefits and risks of treatment, the patient's right to the least restrictive form of treatment appropriate to the patient's needs and the responsibility of the facility to provide the patient with this treatment; or
