51.043(1)(b)(b) “Crisis stabilization services” means optional emergency mental health services that provide short-term, intensive, community-based services to avoid the need for inpatient hospitalization. 51.043(2)(2) Certification required; exemption. 51.043(2)(a)(a) Except as provided in par. (b), no person may operate a crisis hostel without a certification from the department. 51.043(2)(b)(b) If a county has, by March 31, 2024, established a crisis hostel and operates the crisis hostel pursuant only to certification under ch. DHS 34, Wis. Adm. Code, where individuals whose anticipated length-of-stay is longer than 23 hours due to needs outside of crisis stabilization, and crisis stabilization services are provided in a distinct and separate area from where an individual may spend the night, the county may continue to provide crisis stabilization services without obtaining additional residential licensure and is not required to receive a certification under this section. Needs outside of crisis stabilization may include housing insecurity or stability issues necessitating coordination of transportation, advocacy, and housing assistance. 51.043(2)(c)(c) The department may not limit the number of certifications it issues to operate a crisis hostel. 51.043(2)(d)(d) The department shall establish application fees and biennial certification fees. 51.043(2)(e)(e) A crisis hostel operated under par. (a) or (b) is not subject to facility regulation under ch. 50. 51.043(3)(a)(a) An individual 18 years of age or older may be admitted to a crisis hostel to receive crisis stabilization services. 51.043(3)(b)(b) Crisis stabilization services may only be provided at a crisis hostel on a voluntary basis to individuals who are 18 years of age or older. Crisis hostel staff may not admit an individual who is transported to the hostel involuntarily for emergency detention under s. 51.15. 51.043(4)(4) Rules. The department shall promulgate rules to implement this section. 51.043 HistoryHistory: 2023 a. 249. 51.04451.044 Psychiatric residential treatment facilities. 51.044(1)(1) Definition. In this section, “psychiatric residential treatment facility” has the meaning given in 42 CFR 483.352. 51.044(2)(a)(a) The department may establish a certification process for and certify psychiatric residential treatment facilities to provide inpatient psychiatric services for individuals under the age of 21, under the direction of a physician, with services provided by a psychiatric facility that meets the requirements of 42 CFR 441.151 (a) (2) (ii). No person may operate a psychiatric residential treatment facility without a certification from the department. The department may make announced and unannounced inspections and complaint investigations of psychiatric residential treatment facilities as it deems necessary, at reasonable times and in a reasonable manner. The department may limit the number of certifications it grants to operate psychiatric residential treatment facilities. The department shall, using the department’s division of the state into regions by county, include statewide geographic consideration in its evaluation of applications for certification under this section to ensure geographic diversity among the regions in the location of psychiatric residential treatment facilities certified under this section. 51.044(2)(b)(b) A psychiatric residential treatment facility that has a certification from the department under this section is not subject to facility regulation under ch. 48. 51.044(2)(c)(c) In order to admit an individual for services at a psychiatric residential treatment facility, a treatment team shall, as required under 42 CFR 441.152, certify that all of the following are true: 51.044(2)(c)1.1. Ambulatory care resources available in the community do not meet the treatment needs of the individual. For purposes of this subdivision, “ambulatory care resources” means any service except hospital inpatient care or inpatient care in an institution for mental diseases, as defined in s. 49.43 (6m). 51.044(2)(c)2.2. Proper treatment of the individual’s psychiatric condition requires services on an inpatient basis under the direction of a physician. 51.044(2)(c)3.3. The services at a psychiatric residential treatment facility can reasonably be expected to improve the individual’s condition or prevent further regression so that the services will no longer be needed. 51.044(2)(e)(e) A psychiatric residential treatment facility shall comply with all federal requirements for active treatment and individual plans of care under 42 CFR 441.154 to 441.156, as well as emergency preparedness requirements under 42 CFR 441.184. 51.044(2)(f)(f) A psychiatric residential treatment facility shall comply with all of the following federal conditions of participation: 51.044(2)(g)(g) Admission to a psychiatric residential treatment facility is subject to the procedures of this chapter. 51.044(3)(a)(a) Notwithstanding s. 51.61 (1) (o), a psychiatric residential treatment facility may use video surveillance and recordings in common areas, entrances, and exits without the consent of the patient being surveilled or recorded. The psychiatric residential treatment facility shall inform the patient and the patient's parent, guardian, legal custodian, or Indian custodian about the video surveillance and recording. 51.044(3)(b)(b) Any video recording made under this subsection is confidential and not open to public inspection, except as provided by the department. The department may review any recording made under this subsection. 51.044(3)(c)(c) Video surveillance and recording may not be used as a substitute for one-on-one monitoring of a patient who is at high risk for self-harm. 51.044(3)(d)(d) The department shall require that a psychiatric residential treatment facility adopt a policy for monitoring safety, which may include the use of video surveillance and recording in common areas, entrances, and exits. 51.044(4)(a)(a) A psychiatric residential treatment facility may implement the use of locked units for safety. 51.044(4)(b)(b) The department may require that a psychiatric residential treatment facility adopt a policy for the use of locked units for safety. 51.044(5)(5) Grants. The department may distribute grants to entities to establish a psychiatric residential treatment facility. In distributing grants under this subsection, the department shall give preference toward having at least one psychiatric residential treatment facility in the northern or north-central region of the state and at least one in the southern region of the state. 51.044(6)(6) Insurance. This section may not be construed to limit a psychiatric residential treatment facility from seeking reimbursement for its services from a health benefit plan, as defined in s. 632.745 (11), or self-insured health plan, as defined in s. 632.85 (1) (c). 51.044(7)(7) Additional requirements. The department may establish any of the following: 51.044(7)(a)(a) Minimum security requirements for psychiatric residential treatment facilities certified under this section. 51.044(7)(b)(b) A target range for the number of beds in a psychiatric residential treatment facility certified under this section. 51.044(7)(c)(c) Policies for coordination between psychiatric residential treatment facilities certified under this section and any facility established or operated with funding received under s. 165.12 from settlement proceeds from the opiate litigation, as defined in s. 165.12 (1), as well as policies to encourage awareness of and communication and coordination with other facilities that provide services similar to those provided by psychiatric residential treatment facilities. 51.044(7)(d)(d) Appropriate staffing level requirements, including policies to ensure the availability of adequate in-person and on-site care. 51.044(7)(e)(e) Requirements to define the population to be served at a given psychiatric residential treatment facility, including establishment of any minimum age requirements. 51.044(7)(f)(f) Standards for psychiatric residential treatment facility operations as the department determines are necessary to provide safe and adequate care and treatment of patients and to protect the health and safety of patients and employees of a psychiatric residential treatment facility. 51.044 HistoryHistory: 2025 a. 9. 51.04551.045 Availability of inpatient psychiatric and other beds. 51.045(1m)(1m) From the appropriation under s. 20.435 (2) (cm), the department shall award a grant in the amount of $80,000 in fiscal year 2021-22 and $50,000 in each fiscal year thereafter to the entity under contract under s. 153.05 (2m) (a) to develop and operate an Internet site and system to show the availability of inpatient psychiatric beds, peer run respite beds, and crisis stabilization beds statewide. To receive the grant, the entity shall use a password protected Internet site to allow an inpatient psychiatric unit or hospital or a facility, center, or program that has inpatient psychiatric, peer run respite, or crisis stabilization beds to enter all of the following information and to enable any hospital emergency department or person who approves emergency detentions under s. 51.15 (2) (c) in the state to view all of the following information reported to the system: 51.045(1m)(a)(a) The number of available child, adolescent, adult, and geriatric beds, as applicable, that are inpatient psychiatric, peer run respite, or crisis stabilization beds and that are currently available at the hospital, unit, facility, center, or program at the time of reporting. 51.045(1m)(b)(b) Any special information that the hospital, unit, facility, center, or program reports regarding the available beds under par. (a). 51.045(1m)(c)(c) The date the hospital, unit, facility, center, or program reports the information under pars. (a) and (b). 51.045(1m)(d)(d) The location of the hospital, unit, facility, center, or program that is reporting. 51.045(1m)(e)(e) The contact information for admission coordination for the hospital, unit, facility, center, or program. 51.045 HistoryHistory: 2015 a. 153; 2021 a. 58. 51.04751.047 Mental health services. From the appropriation under s. 20.435 (5) (fr), the department may not award more than $45,000 in each fiscal year to applying public or nonprofit private entities for the costs of providing certain mental health services to homeless individuals with serious and persistent mental illness. Entities that receive funds awarded by the department under this section shall provide the mental health services required under 42 USC 290cc-24. The amount that the department awards to an applying entity may not exceed 50 percent of the amount of matching funds required under 42 USC 290cc-23. 51.047 HistoryHistory: 2005 a. 25 s. 908; 2005 a. 264; 2007 a. 45; 2011 a. 32 s. 3461m; Stats.
2011 s. 16.311; 2017 a. 59 s. 132; Stats. 2017 s. 51.047. 51.0551.05 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 subsection. 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. 51.0651.06 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)(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 percent 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 percent 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, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1). 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).
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