51.40 Annotation
A community-based residential facility is neither a nursing home nor a state facility. Sub. (2) is limited to individuals living in nursing homes or state facilities. Juneau County v. Sauk County,
217 Wis. 2d 705,
580 N.W.2d 694 (Ct. App. 1998),
97-1365.
51.41
51.41
Milwaukee County mental health; Milwaukee County mental health board. 51.41(1d)(1d)
Milwaukee County mental health board; appointments; requirements; vacancies. 51.41(1d)(a)(a) Milwaukee County shall establish the Milwaukee County mental health board.
51.41(1d)(b)
(b) Subject to par.
(d), the board shall consist of the following 11 voting members appointed by the Milwaukee County executive for 4-year terms except for the members under subds.
10. and
11.:
51.41(1d)(b)1.
1. A psychiatrist or psychologist who is suggested by the Milwaukee County board of supervisors. The Milwaukee County board of supervisors shall solicit suggestions for psychiatrists and psychologists from organizations including the Wisconsin Medical Society, the Medical Society of Milwaukee, the Wisconsin Psychological Association, the Wisconsin Psychiatric Association, and the Wisconsin Association of Family and Children's Agencies for individuals who specialize in a full continuum of behavioral health services for children. The Milwaukee County board of supervisors shall suggest to the Milwaukee County executive 4 psychiatrists and psychologists for this board membership position.
51.41(1d)(b)2.
2. A psychiatrist or psychologist who is suggested by the Milwaukee County board of supervisors. The Milwaukee County board of supervisors shall solicit suggestions for psychiatrists and psychologists from organizations including the Wisconsin Medical Society, the Medical Society of Milwaukee, the Wisconsin Psychological Association, the Wisconsin Psychiatric Association, and the Milwaukee Co-occurring Competency Cadre for individuals who specialize in a full continuum of behavioral health services for adults. The Milwaukee County board of supervisors shall suggest to the Milwaukee County executive 4 psychiatrists and psychologists for this board membership position.
51.41(1d)(b)3.
3. A representative of the community who is a consumer of mental health services and who is suggested by the Milwaukee County board of supervisors. The Milwaukee County board of supervisors shall solicit suggestions for individuals who have experienced mental illness or substance abuse from organizations including Warmline, the Milwaukee Mental Health Task Force, and the Milwaukee Co-occurring Competency Cadre. The Milwaukee County board of supervisors shall suggest to the Milwaukee County executive 4 representatives of the community for this board membership position.
51.41(1d)(b)4.
4. A psychiatric mental health advanced practice nurse who is suggested by the Milwaukee County board of supervisors. The Milwaukee County board of supervisors shall solicit suggestions from organizations including the Wisconsin Nurses Association for individuals who specialize in a full continuum of behavioral health and medical services including emergency detention, inpatient, residential, transitional, partial hospitalization, intensive outpatient, and wraparound community-based services. The Milwaukee County board of supervisors shall suggest to the Milwaukee County executive 4 psychiatric mental health advanced practice nurses for this board membership position.
51.41(1d)(b)5.
5. An individual specializing in finance and administration. The Milwaukee County executive shall solicit suggestions from organizations including the Wisconsin Hospital Association, the Wisconsin County Human Services Association, and the Public Policy Forum for at least 4 individuals with experience in analyzing healthcare operating expenses, revenues, and reimbursement, knowledge of public and private funding and systems, and expertise in financial restructuring for sustainability.
51.41(1d)(b)6.
6. A health care provider with experience in the delivery of substance abuse services. The Milwaukee County executive shall solicit suggestions from organizations including the Wisconsin Nurses Association and the Milwaukee Co-occurring Competency Cadre for at least 4 health care providers specializing in providing substance abuse services.
51.41(1d)(b)7.
7. An individual with legal expertise. The Milwaukee County executive shall solicit suggestions from organizations including the Legal Aid Society of Milwaukee, Legal Action of Wisconsin, Community Justice Counsel, and Disability Rights Wisconsin for at least 4 individuals who have legal expertise specializing in emergency detention regulatory requirements including policies, procedures, provider responsibilities, and patient rights.
51.41(1d)(b)8.
8. A health care provider representing community-based mental health service providers who is suggested by the Milwaukee County board of supervisors. The Milwaukee County board of supervisors shall solicit suggestions from organizations including the Wisconsin Nurses Association, the Milwaukee Health Care Partnership, the Milwaukee Mental Health Task Force, and the Milwaukee Co-occurring Competency Cadre for health care providers specializing in community-based, recovery-oriented, mental health systems. The Milwaukee County board of supervisors shall suggest to the Milwaukee County executive 4 health care providers representing community-based mental health service providers for this board membership position.
51.41(1d)(b)9.
9. An individual who is a consumer or family member representing community-based mental health service providers. The Milwaukee County executive shall solicit suggestions from organizations including the Milwaukee Health Care Partnership, the Milwaukee Mental Health Task Force, and the Milwaukee Co-occurring Competency Cadre for at least 4 consumers and family members representing community-based mental health service providers.
51.41(1d)(b)10.
10. The chairperson of the county community programs board in Milwaukee County under s.
51.42 (4), or his or her designee who is not an elected official as defined in s.
5.02 (3m). If the chairperson of the county community programs board in Milwaukee County is an elected official, the chairperson shall designate a member of the county community programs board who is not an elected official to be a member under this subdivision.
51.41(1d)(b)11.
11. The chairperson of the Milwaukee Mental Health Task Force, or his or her designee.
51.41(1d)(c)
(c) Subject to par.
(d), the board shall consist of the following 2 nonvoting members appointed by the Milwaukee County executive for 4-year terms:
51.41(1d)(c)1.
1. A health care provider who is an employee of a higher education institution suggested by the Medical College of Wisconsin. The Milwaukee County executive shall solicit suggestions from the Medical College of Wisconsin for individuals specializing in community-based, recovery-oriented mental health systems, maximizing comprehensive community-based services, prioritizing access to community-based services and reducing reliance on institutional and inpatient care, protecting the personal liberty of individuals experiencing mental illness so that they may be treated in the least restrictive environment to the greatest extent possible, providing early intervention to minimize the length and depth of psychotic and other mental health episodes, diverting people from the corrections system, when appropriate, or maximizing the use of mobile crisis units and crisis intervention training.
51.41(1d)(c)2.
2. A health care provider who is an employee of a higher education institution suggested by the University of Wisconsin-Madison. The Milwaukee County executive shall solicit suggestions from the University of Wisconsin-Madison for individuals specializing in community-based, recovery-oriented mental health systems, maximizing comprehensive community-based services, prioritizing access to community-based services and reducing reliance on institutional and inpatient care, protecting the personal liberty of individuals experiencing mental illness so that they may be treated in the least restrictive environment to the greatest extent possible, providing early intervention to minimize the length and depth of psychotic and other mental health episodes, diverting people from the corrections system, when appropriate, or maximizing the use of mobile crisis units and crisis intervention training.
51.41(1d)(d)1.1. The Milwaukee County executive shall ensure that one of the members under par.
(b) 1. and
2. is a psychologist.
51.41(1d)(d)2.
2. A person nominating or suggesting individuals for nomination under par.
(b) shall attempt to ensure that individuals suggested are among the most-qualified and experienced in their field.
51.41(1d)(d)3.a.a. In this subdivision, “
cultural competency" means the ability to understand and act respectfully toward, in a cultural context, the beliefs, interpersonal styles, attitudes, and behaviors of persons and families of various cultures, including persons and families who receive mental health services in Milwaukee County and persons and families who provide mental health services in Milwaukee County.
51.41(1d)(d)3.b.
b. Members under par.
(b) collectively shall possess cultural competency and shall reflect the population that is serviced by the Milwaukee County mental health system.
51.41(1d)(d)4.
4. No member of the board may be an employee of Milwaukee County at the time of nomination.
51.41(1d)(d)5.
5. No member of the board may be a lobbyist, as defined in s.
13.62 (11). No member of the board may directly or indirectly solicit or receive subscriptions or contributions for any partisan political party or any political purpose while appointed to the board. No member of the board may engage in any form of political activity calculated to favor or improve the chances of any political party or any person seeking or attempting to hold partisan office. No member of the board may hold an elected office. Any violation of this subdivision is adequate grounds for dismissal.
51.41(1d)(d)6.
6. No member under par.
(b) may serve more than 2 consecutive terms in a membership position for which suggestions for nomination are made by the same individual or entity, except that a member may serve 3 consecutive terms in a membership position for which suggestions for nomination are made by the same individual or entity if one of those 3 terms is for less than 2 years. An individual who has served 2 consecutive 4-year terms or 3 consecutive terms totalling less than 10 years is eligible to be suggested for nomination as a member under par.
(b) after the individual has not served on the board for 12 months.
51.41(1d)(d)7.
7. Notwithstanding par.
(b) 1.,
2.,
3.,
4., and
8. and subject to subd.
6., if the Milwaukee County board of supervisors chooses to suggest a member of the Milwaukee County mental health board for reappointment to his or her position under par.
(b) 1.,
2.,
3.,
4., or
8., the Milwaukee County board of supervisors is not required to solicit suggestions from organizations and is not required to submit an additional 3 suggestions to the Milwaukee County executive for that appointment. Notwithstanding par.
(b) 5.,
6.,
7., and
9. and subject to subd.
6., if the Milwaukee County executive chooses to reappoint a member of the Milwaukee County mental health board to his or her position under par.
(b) 5.,
6.,
7., or
9., the Milwaukee County executive is not required to solicit suggestions from organizations for that appointment.
51.41(1d)(d)8.
8. Notwithstanding s.
59.17 (2) (c), appointment of members under pars.
(b) and
(c) to the Milwaukee County mental health board is not subject to approval of the Milwaukee County board of supervisors.
51.41(1d)(em)
(em) If a vacancy occurs in a board member position described under par.
(b) 1.,
2.,
3.,
4., or
8., the Milwaukee County board of supervisors shall submit to the Milwaukee County executive suggested individuals to fill the vacancy in that position within 60 days after the vacancy occurs. If the Milwaukee County board of supervisors does not submit suggested individuals to fill a vacancy under par.
(b) 1.,
2.,
3.,
4., or
8. within 60 days, the Milwaukee County executive may appoint an individual meeting the criteria in accordance with the applicable board member position description under par.
(b) 1.,
2.,
3.,
4., or
8. to fill the vacancy without suggestion by the Milwaukee County board of supervisors.
51.41(1d)(f)
(f) At its first meeting in each year, the Milwaukee County mental health board shall elect a chairperson, vice chairperson, and secretary each of whom may be reelected for successive terms.
51.41(1d)(g)
(g) A majority of the membership of a board constitutes a quorum to do business, and unless a more restrictive provision is adopted by the board, a majority of a quorum may act in any matter within the jurisdiction of the board.
51.41(1d)(h)
(h) The members of the Milwaukee County mental health board shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties. The members shall receive no compensation for their services.
51.41(1d)(i)1.1. Notwithstanding s.
17.10, a member of the Milwaukee County mental health board may be removed by all of the following:
51.41(1d)(i)1.a.
a. If the Milwaukee County executive solicited suggestions for nomination, the Milwaukee County executive, for cause.
51.41(1d)(i)1.b.
b. If the Milwaukee County board of supervisors suggested the member for nomination, the Milwaukee County board of supervisors, for cause.
51.41(1d)(i)2.
2. A member of the Milwaukee County mental health board shall be removed by the Milwaukee County executive for engaging in an activity that disqualifies an individual from board membership under this subsection.
51.41(1s)
(1s)
Duties of the board. The Milwaukee County mental health board shall do all of the following:
51.41(1s)(a)
(a) Oversee the provision of mental health programs and services in Milwaukee County.
51.41(1s)(b)
(b) Allocate moneys for mental health functions, programs, and services in Milwaukee County within the mental health budget as defined in sub.
(4) (a) 2. 51.41(1s)(c)
(c) Make the final determination on mental health policy in Milwaukee County.
51.41(1s)(d)
(d) Replace the Milwaukee County board of supervisors in all mental health functions that are typically performed by a county board of supervisors.
51.41(1s)(e)
(e) Facilitate delivery of mental health services in an efficient and effective manner by making a commitment to all of the following:
51.41(1s)(e)1.
1. Community-based, person-centered, recovery-oriented, mental health systems.
51.41(1s)(e)3.
3. Prioritizing access to community-based services and reducing reliance on institutional and inpatient care.
51.41(1s)(e)4.
4. Protecting the personal liberty of individuals experiencing mental illness so that they may be treated in the least restrictive environment to the greatest extent possible.
51.41(1s)(e)5.
5. Providing early intervention to minimize the length and depth of psychotic and other mental health episodes.
51.41(1s)(e)6.
6. Diverting people experiencing mental illness from the corrections system when appropriate.
51.41(1s)(e)7.
7. Maximizing use of mobile crisis units and crisis intervention training.
51.41(1s)(f)
(f) Attempt to achieve costs savings in the provision of mental health programs and services in Milwaukee County.
51.41(1s)(g)
(g) Cooperate and consult with the department on recommendations for and establishing policy for inpatient mental health treatment facilities and related programs in Milwaukee County.
51.41(2)
(2)
Powers of the board; limitations. The Milwaukee County mental health board may request information from the Milwaukee Mental Health Complex, a county department under s.
46.21 or
51.42 or any other Milwaukee County governmental unit that possesses mental health information in order to fulfill its duties of overseeing mental health functions, programs, and services in Milwaukee County.
51.41(3)
(3)
Public hearing; meetings. The Milwaukee County mental health board shall meet 6 times each year and may meet at other times on the call of the chairperson or a majority of the board's members. Annually, the Milwaukee County mental health board shall hold a public hearing in Milwaukee County as one of its required meetings.
51.41(4)
(4)
Milwaukee County mental health budget. 51.41(4)(a)1.
1. “Community aids amount" means the amount of the mental health budget that is funded from the community aids allocation received under s.
46.40.
51.41(4)(a)2.
2. “Mental health budget" means the part of the budget for Milwaukee County for a fiscal year that covers mental health functions, programs, and services in Milwaukee County.
51.41(4)(a)3.
3. “Tax levy amount" means the amount of the mental health budget that is funded from revenues from the tax levy.
51.41(4)(b)1.1. The Milwaukee County mental health board shall propose to the Milwaukee County executive the total amount of the mental health budget, the community aids amount, and the tax levy amount. The Milwaukee County mental health board may not propose a tax levy amount that is less than $53,000,000 or more than $65,000,000, except as provided in subds.
5. and
6. 51.41(4)(b)2.
2. The county executive, in his or her proposed budget for Milwaukee County for a fiscal year, may include a tax levy amount that is different than the tax levy amount proposed under subd.
1., but the county executive may not include a tax levy amount that is less than $53,000,000 or more than $65,000,000, except as provided in subds.
5. and
6. 51.41(4)(b)3.
3. The county board of supervisors shall allocate to mental health functions, programs, and services an amount from the county's community aids allocation received under s.
46.40 that maintains or increases the expenditures for mental health functions, programs, and services paid from the county's community aids allocation in the previous fiscal year to the extent of the availability of community aids funds from the state.
51.41(4)(b)4.
4. Except as provided in subds.
5. and
6., the county board of supervisors shall incorporate into the budget for Milwaukee County for a fiscal year all of the following:
51.41(4)(b)4.a.
a. The tax levy amount as proposed by the county executive under subd.
2. and the amount of the community aids allocation determined under subd.
3. 51.41(4)(b)4.b.
b. An amount equal to the total amount of the mental health budget proposed under subd.
1., less the community aids amount proposed under subd. 1 and the tax levy amount proposed under subd.
1. 51.41(4)(b)5.
5. If the Milwaukee County mental health board transfers to itself jurisdiction of a function, service, or program under sub.
(5) (b) that it did not have jurisdiction over on April 10, 2014, the tax levy amount proposed under subd.
2. is increased by an amount equal to the amount derived from revenue from the tax levy that was expended by Milwaukee County for the transferred function, service, or program in the fiscal year before the fiscal year in which the function, program, or service is transferred. The $65,000,000 limit imposed under subds.
1. and
2. upon the tax levy amount may be exceeded by the amount of the increase under this subdivision in any fiscal year in which the Milwaukee County mental health board has jurisdiction over the transferred function, service, or program.
51.41(4)(b)6.
6. If a majority of the Milwaukee County mental health board and a majority of the Milwaukee County board of supervisors approves and the Milwaukee County executive agrees the tax levy amount may be less than $53,000,000 or more than $65,000,000 for a fiscal year.
51.41(4)(c)
(c) Except as allowed under pars.
(b) 2.,
3.,
4.,
5., and
6. and
(d), the Milwaukee County board of supervisors may not in a fiscal year provide funding, and the Milwaukee County executive may not in a fiscal year approve funding, for mental health functions, services, and programs that is less than or more than the total amount of the mental health budget proposed under par.
(b) 1. for that fiscal year for those mental health functions, services, and programs.
51.41(4)(d)
(d) The treasurer in Milwaukee County shall hold any moneys that at the end of a fiscal year have not been expended or encumbered from the amount budgeted for mental health functions, programs, and services in a mental health reserve fund. Moneys in the reserve fund may be used at any time to cover deficits in the Milwaukee County mental health budget. If the amount in the reserve fund exceeds $10,000,000, the amount exceeding $10,000,000 may be used at any time for any mental health function, program, or service in Milwaukee County. Moneys in the reserve fund may be used only for the purposes described in this paragraph.
51.41(5)
(5)
Jurisdiction of Milwaukee County board. 51.41(5)(a)
(a) The Milwaukee County board of supervisors has no jurisdiction over any mental health policy, functions, programs, or services. The Milwaukee County board of supervisors may not create new mental health functions, programs, or services that are under the jurisdiction of the board of supervisors.
51.41(5)(b)
(b) The Milwaukee County mental health board may transfer jurisdiction over a Milwaukee County function, service, or program to itself that pertains to mental health or is highly integrated with mental health services and that is not under its jurisdiction by statute, by an affirmative vote of a majority of the Milwaukee County mental health board members and a majority of the Milwaukee County board of supervisors.
51.41(7)
(7)
County department requirements. 51.41(7)(a)(a) A county department under s.
46.21 or
51.42 in Milwaukee County may not impede the Milwaukee County mental health board in performing its duties under this section or exercising its powers under this section.
51.41(7)(b)
(b) A county department under s.
46.21 or
51.42 in Milwaukee County shall respond to any requests for information from the Milwaukee County mental health board.
51.41(8)(a)(a) By March 1, 2015, and annually by March 1 thereafter, the Milwaukee County mental health board shall submit to the Milwaukee County executive, the Milwaukee County board of supervisors, and the department a report including a description of the funding allocations for Milwaukee County's mental health functions, services, and programs and a description of any improvements and efficiencies in those mental health functions, programs, and services. The department shall provide access to the report under this subsection to the public including posting the report on the department's Internet site.
51.41(8)(b)
(b) The Milwaukee County mental health board shall arrange for a study to be conducted on alternate funding sources for mental health services and programs including fee-for-service models, managed care models that integrate mental health services into the contracts with an increased offset through basic county allocation reduction, and other funding models. By March 1, 2016, the Milwaukee County mental health board shall submit to the Milwaukee County board of supervisors, the Milwaukee County executive, and the department a report of the results of the study.
51.41(9)(a)(a) The Milwaukee County executive shall nominate an individual to be the administrator of any division or branch of the department under s.
46.21 that administers behavioral health for Milwaukee County. The nominated individual may be hired as the administrator only upon approval of the Milwaukee County mental health board. If the county executive does not nominate an individual by June 1, 2015, the Milwaukee County mental health board may hire an individual to be the administrator. Upon a vacancy in the position of administrator, if the county executive does not nominate an individual within 12 months of the date the position becomes vacant, the Milwaukee County mental health board may hire an individual to be the administrator.
51.41(9)(b)
(b) The Milwaukee County executive shall determine the salary and benefits and the job duties of the administrator. The county executive may not assign the administrator any duties that are not related to mental health functions, programs, and services in Milwaukee County.
51.41(9)(c)
(c) The administrator under this subsection may be removed by the Milwaukee County mental health board by a vote of 8 members of that board, the director of a county department under s.
46.21 in Milwaukee County, or the county executive of Milwaukee County.
51.41(9)(d)
(d) The Milwaukee County board of supervisors may not hire, remove, or discipline; set the salary or benefits of, or assign or remove any job duties of the administrator under this subsection.
51.41(10)
(10)
Mental health contracts. Any contract related to mental health with a value of at least $100,000, to which Milwaukee County is a party may take effect only if the Milwaukee County mental health board votes to approve, or does not vote to reject, the contract within 28 days after the contract is signed or countersigned by the county executive.
51.41(11)(a)
(a) The Milwaukee County executive shall nominate an individual who has knowledge of the services provided by and the mental health systems of Milwaukee County to be a transition liaison to assist the Milwaukee County mental health board in the transition of oversight functions and to ensure there is no interruption of mental health services. The transition liaison shall be assigned or hired to that position only upon approval of the Milwaukee County mental health board. The transition liaison shall be assigned to or employed in that position for no longer than 12 months, except that the county executive may grant extensions to the term of that position.
