Amendment ASA1-AB75

AB75-ASA1, s. 1395 Section 1395. 50.033 (3) of the statutes is amended to read:

AB75-ASA1,647,25 50.033 (3) Investigation of alleged violations. If the department or a licensing county department under sub. (1m) (b) is advised or has reason to believe that any person is violating this section or the rules promulgated under s. 50.02 (2) (am) 2., the department or the licensing county department shall make an investigation to determine the facts. For the purposes of this investigation, the department or the licensing county department may inspect the premises where the violation is alleged to occur. If the department or the licensing county department finds that the requirements of this section and of rules under s. 50.02 (2) (am) 2. are met, the department or the licensing county department may, if the premises are not licensed, license the premises under this section. If the department or the licensing county department finds that a person is violating this section or the rules under s. 50.02 (2) (am) 2., the department or the licensing county department may institute an action under sub. (5). If the department takes enforcement action against an adult family home for violating this section or rules promulgated under s. 50.02 (2) (am) 2., and the department subsequently conducts an on-site inspection of the adult family home to review the adult family home's action to correct the violation, the department may impose a $200 inspection fee on the adult family home.

AB75-ASA1, s. 1396 Section 1396. 50.034 (3) (e) of the statutes is created to read:

AB75-ASA1,648,5 50.034 (3) (e) If a residential care apartment complex has a policy on who may accompany or visit a patient, the residential care apartment complex shall extend the same right of accompaniment or visitation to a patient's domestic partner under ch. 770 as is accorded the spouse of a patient under the policy.

AB75-ASA1, s. 1397 Section 1397. 50.034 (5t) of the statutes is created to read:

AB75-ASA1,648,11 50.034 (5t) Notice of Long-Term Care Ombudsman Program. A residential care complex shall post in a conspicuous location in the residential care apartment complex a notice, provided by the board on aging and long-term care, of the name, address, and telephone number of the Long-Term Care Ombudsman Program under s. 16.009 (2) (b).

AB75-ASA1, s. 1398 Section 1398. 50.034 (10) of the statutes is created to read:

AB75-ASA1,648,18 50.034 (10) Inspection fee. If the department takes enforcement action against a residential care apartment complex for a violation of this section or rules promulgated under sub. (2), and the department subsequently conducts an on-site inspection of the residential care apartment complex to review the residential care apartment complex's action to correct the violation, the department may impose a $200 inspection fee on the residential care apartment complex.

AB75-ASA1, s. 1399 Section 1399. 50.035 (2d) of the statutes is created to read:

AB75-ASA1,648,24 50.035 (2d) Accompaniment or visitation. If a community-based residential facility has a policy on who may accompany or visit a patient, the community-based residential facility shall extend the same right of accompaniment or visitation to a patient's domestic partner under ch. 770 as is accorded the spouse of a patient under the policy.

AB75-ASA1, s. 1400 Section 1400. 50.037 (2) (a) of the statutes is renumbered 50.037 (2) (a) 1. and amended to read:

AB75-ASA1,649,6 50.037 (2) (a) 1. The Except as provided in subd. 2., the biennial fee for a community-based residential facility is $306 $389, plus a biennial fee of $39.60 $50.25 per resident, based on the number of residents that the facility is licensed to serve.

AB75-ASA1, s. 1401 Section 1401. 50.037 (2) (a) 2. of the statutes is created to read:

AB75-ASA1,649,9 50.037 (2) (a) 2. The department may, by rule, increase the amount of the fee under subd. 1.

AB75-ASA1, s. 1402 Section 1402. 50.04 (2d) of the statutes is created to read:

AB75-ASA1,649,14 50.04 (2d) Accompaniment or visitation. If a nursing home has a policy on who may accompany or visit a patient, the nursing home shall extend the same right of accompaniment or visitation to a patient's domestic partner under ch. 770 as is accorded the spouse of a patient under the policy.

AB75-ASA1, s. 1403 Section 1403. 50.04 (4) (dm) of the statutes is created to read:

AB75-ASA1,649,23 50.04 (4) (dm) Inspection fee. If the department takes enforcement action against a nursing home, including an intermediate care facility for the mentally retarded, as defined in 42 USC 1396d (d), for a violation of this subchapter or rules promulgated under it or for a violation of a requirement under 42 USC 1396r, and the department subsequently conducts an on-site inspection of the nursing home to review the nursing home's action to correct the violation, the department may, unless the nursing home is operated by the state, impose a $200 inspection fee on the nursing home.

AB75-ASA1, s. 1411 Section 1411. 50.06 (2) (am) 2. b. of the statutes is amended to read:

AB75-ASA1,650,2 50.06 (2) (am) 2. b. The individual who is consenting to the proposed admission is the spouse or domestic partner under ch. 770 of the incapacitated person.

AB75-ASA1, s. 1412 Section 1412. 50.06 (3) (a) of the statutes is amended to read:

AB75-ASA1,650,5 50.06 (3) (a) The spouse or domestic partner under ch. 770 of the incapacitated individual.

AB75-ASA1, s. 1413 Section 1413. 50.065 (1) (c) 2. of the statutes is repealed.

AB75-ASA1, s. 1416 Section 1416. 50.09 (1) (f) 1. of the statutes is amended to read:

AB75-ASA1,650,12 50.09 (1) (f) 1. Privacy for visits by spouse or domestic partner. If both spouses or both domestic partners under ch.770 are residents of the same facility, they the spouses or domestic partners shall be permitted to share a room unless medically contraindicated as documented by the resident's physician or advanced practice nurse prescriber in the resident's medical record.

AB75-ASA1, s. 1417 Section 1417. 50.14 (2) (am) of the statutes is amended to read:

AB75-ASA1,650,16 50.14 (2) (am) For nursing homes, an amount not to exceed $75 $150 in state fiscal year 2009-10, and, beginning in state fiscal year 2010-11, an amount not to exceed $170.

AB75-ASA1, s. 1417r Section 1417r. 50.35 of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

AB75-ASA1,651,15 50.35 Application and approval. Application for approval to maintain a hospital shall be made to the department on forms provided by the department. On receipt of an application, the department shall, except as provided in s. 50.498, issue a certificate of approval if the applicant and hospital facilities meet the requirements established by the department. The department shall issue a single certificate of approval for the University of Wisconsin Hospitals and Clinics Authority that applies to all of the Authority's inpatient and outpatient hospital facilities that meet the requirements established by the department and for which the Authority requests approval. For a free-standing pediatric teaching hospital, the department shall issue a single certificate of approval that applies to all of the hospital's inpatient and outpatient hospital facilities that meet the requirements established by the department and for which the hospital requests approval. Except as provided in s. 50.498, this approval shall be in effect until, for just cause and in the manner herein prescribed, it is suspended or revoked. The certificate of approval may be issued only for the premises and persons or governmental unit named in the application and is not transferable or assignable. The department shall withhold, suspend or revoke approval for a failure to comply with s. 165.40 (6) (a) 1. or 2., but, except as provided in s. 50.498, otherwise may not withhold, suspend or revoke approval unless for a substantial failure to comply with ss. 50.32 to 50.39 or the rules and standards adopted by the department after giving a reasonable notice, a fair hearing and a reasonable opportunity to comply. Failure by a hospital to comply with s. 50.36 (3m) shall be considered to be a substantial failure to comply under this section.

AB75-ASA1, s. 1418 Section 1418. 50.36 (3j) of the statutes is created to read:

AB75-ASA1,651,19 50.36 (3j) If a hospital has a policy on who may accompany or visit a patient, the hospital shall extend the same right of accompaniment or visitation to a patient's domestic partner under ch. 770 as is accorded the spouse of a patient under the policy.

AB75-ASA1, s. 1419 Section 1419. 50.36 (4) of the statutes is amended to read:

AB75-ASA1,652,5 50.36 (4) The department shall make or cause to be made such inspections and investigation, as are reasonably deemed necessary to obtain compliance with the rules and standards. It shall afford an opportunity for representatives of the hospitals to consult with members of the staff of the department concerning compliance and noncompliance with rules and standards. If the department takes enforcement action against a hospital for a violation of ss. 50.32 to 50.39, or rules promulgated or standards adopted under ss. 50.32 to 50.39, and the department subsequently conducts an on-site inspection of the hospital to review the hospital's action to correct the violation, the department may, unless the hospital is operated by the state, impose a $200 inspection fee on the hospital.

AB75-ASA1, s. 1419c Section 1419c. 50.36 (6) of the statutes is created to read:

AB75-ASA1,652,10 50.36 (6) If the department receives a credible complaint that a pharmacy located in a hospital has violated its duty to dispense contraceptive drugs and devices under s. 450.095 (2), the department shall refer the complaint to the department of regulation and licensing.

AB75-ASA1, s. 1420 Section 1420. 50.49 (4) of the statutes is amended to read:

AB75-ASA1,652,23 50.49 (4) Licensing, inspection and regulation. Except as provided in sub. (6m), the department may register, license, inspect and regulate home health agencies as provided in this section. The department shall ensure, in its inspections of home health agencies, that a sampling of records from private pay patients are reviewed. The department shall select the patients who shall receive home visits as a part of the inspection. Results of the inspections shall be made available to the public at each of the regional offices of the department. If the department takes enforcement action against a home health agency for a violation of this section or rules promulgated under this section, and the department subsequently conducts an on-site inspection of the home health agency to review the home health agency's action to correct the violation, the department may impose a $200 inspection fee on the home health agency.

AB75-ASA1, s. 1421 Section 1421. 50.93 (5) of the statutes is created to read:

AB75-ASA1,653,5 50.93 (5) Inspection fee. If the department takes enforcement action against a hospice for a violation of this subchapter or rules promulgated under this subchapter, and the department subsequently conducts an on-site inspection of the hospice to review the hospice's action to correct the violation, the department may impose a $200 inspection fee on the hospice.

AB75-ASA1, s. 1422 Section 1422. 50.94 (3) (a) of the statutes is amended to read:

AB75-ASA1,653,8 50.94 (3) (a) The spouse or domestic partner under ch. 770 of the person who is incapacitated.

AB75-ASA1, s. 1423 Section 1423. 50.942 of the statutes is created to read:

AB75-ASA1,653,13 50.942 Accompaniment or visitation. If a hospice has a policy on who may accompany or visit a patient, the hospice shall extend the same right of accompaniment or visitation to a patient's domestic partner under ch. 770 as is accorded the spouse of a patient under the policy.

AB75-ASA1, s. 1424 Section 1424. 50.95 (1) of the statutes is amended to read:

AB75-ASA1,653,24 50.95 (1) Standards Except as provided in s. 50.942, standards for the care, treatment, health, safety, rights, welfare and comfort of individuals with terminal illness, their families and other individuals who receive palliative care or supportive care from a hospice and the maintenance, general hygiene and operation of a hospice, which will permit the use of advancing knowledge to promote safe and adequate care and treatment for these individuals. These standards shall permit provision of services directly, as required under 42 CFR 418.56, or by contract under which overall coordination of hospice services is maintained by hospice staff members and the hospice retains the responsibility for planning and coordination of hospice services and care on behalf of a hospice client and his or her family, if any.

AB75-ASA1, s. 1424g Section 1424g. 51.01 (11m) of the statutes is created to read:

AB75-ASA1,654,2 51.01 (11m) "Licensed mental health professional" has the meaning given in s. 632.89 (1) (dm).

AB75-ASA1, s. 1424m Section 1424m. 51.06 (9) of the statutes is created to read:

AB75-ASA1,654,8 51.06 (9) Report on relocations from southern center. Annually by October 1, the department shall submit to the members of the joint committee on finance a report on the status of individuals relocated from the southern center for the developmentally disabled to a community setting after the effective date of this subsection .... [LRB inserts date], that includes all of the following:

AB75-ASA1,654,14 (a) An assessment of the impact that relocation has had on the health of individuals relocated in the previous 3 state fiscal years. Factors that the department may use to assess an individual's health status include an individual's weight, changes in medications, preventable hospitalizations and emergency room visits, incidence of chronic disease, and changes in performance of activities of daily living.

AB75-ASA1,654,16 (b) A list of each setting in which each individual has lived in the previous 3 state fiscal years.

AB75-ASA1,654,18 (c) Information on the involvement that guardians or family members of the individuals have had with the individuals in the previous state fiscal year.

AB75-ASA1,654,20 (d) The cause of death for each individual who died in the previous state fiscal year.

AB75-ASA1, s. 1424p Section 1424p. 51.06 (10) of the statutes is created to read:

AB75-ASA1,655,3 51.06 (10) Relocations from southern center. (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.

AB75-ASA1,655,7 (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.

AB75-ASA1,655,13 (c) If a resident of the southern center for the developmentally disabled is relocated from the center after the effective date of this paragraph .... [LRB inserts date], 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.

AB75-ASA1, s. 1425 Section 1425. 51.15 (2) (c) of the statutes is amended to read:

AB75-ASA1,655,17 51.15 (2) (c) A state treatment facility, if the county department of community programs in the individual's county of residence approves the individual's detention in the state treatment facility; or

AB75-ASA1, s. 1426 Section 1426. 51.22 (1) of the statutes is amended to read:

AB75-ASA1,655,23 51.22 (1) Except as provided in s. 51.20 (13) (a) 4. or 5., any person committed under this chapter shall be committed to the county department under s. 51.42 or 51.437 serving the person's county of residence, and such county department shall authorize placement of the person in an appropriate facility for care, custody and treatment according to s. 51.42 (3) (as) 1. 1r. or 51.437 (4rm) (a).

AB75-ASA1, s. 1427 Section 1427. 51.22 (2) of the statutes is amended to read:

AB75-ASA1,656,8 51.22 (2) Except for admissions that do not involve the department or a county department under s. 51.42 or 51.437 or a contract between a treatment facility and the department or a county department, admissions under ss. 51.10, 51.13, and 51.45 (10) shall be through the county department under s. 51.42 or 51.437 serving the person's county of residence, or through the department if the person to be admitted is a nonresident of this state. Admissions through a county department under s. 51.42 or 51.437 shall be made in accordance with s. 51.42 (3) (as) 1. 1r. or 51.437 (4rm) (a). Admissions through the department shall be made in accordance with sub. (3).

AB75-ASA1, s. 1427L Section 1427L. 51.30 (1) (ag) of the statutes is amended to read:

AB75-ASA1,656,11 51.30 (1) (ag) "Health care provider" has the meaning given in s. 146.81 (1) (a) to (p).

AB75-ASA1, s. 1427r Section 1427r. 51.30 (1) (b) of the statutes is amended to read:

AB75-ASA1,656,22 51.30 (1) (b) "Treatment records" include the registration and all other records that are created in the course of providing services to individuals for mental illness, developmental disabilities, alcoholism, or drug dependence and that are maintained by the department,; by county departments under s. 51.42 or 51.437 and their staffs, and; by treatment facilities; or by psychologists licensed under s. 455.04 (1) or licensed mental health professionals who are not affiliated with a county department or treatment facility. Treatment records do not include notes or records maintained for personal use by an individual providing treatment services for the department, a county department under s. 51.42 or 51.437, or a treatment facility, if the notes or records are not available to others.

AB75-ASA1, s. 1429 Section 1429. 51.30 (4) (b) 20. (intro.) of the statutes is amended to read:

AB75-ASA1,657,15 51.30 (4) (b) 20. (intro.) Except with respect to the treatment records of a subject individual who is receiving or has received services for alcoholism or drug dependence, to the spouse, domestic partner under ch. 770, parent, adult child or sibling of a subject individual, if the spouse, domestic partner, parent, adult child or sibling is directly involved in providing care to or monitoring the treatment of the subject individual and if the involvement is verified by the subject individual's physician, psychologist or by a person other than the spouse, domestic partner, parent, adult child or sibling who is responsible for providing treatment to the subject individual, in order to assist in the provision of care or monitoring of treatment. Except in an emergency as determined by the person verifying the involvement of the spouse, domestic partner, parent, adult child or sibling, the request for treatment records under this subdivision shall be in writing, by the requester. Unless the subject individual has been adjudicated incompetent in this state, the person verifying the involvement of the spouse, domestic partner, parent, adult child or sibling shall notify the subject individual about the release of his or her treatment records under this subdivision. Treatment records released under this subdivision are limited to the following:

AB75-ASA1, s. 1430 Section 1430. 51.30 (4) (cm) (intro.) of the statutes is amended to read:

AB75-ASA1,658,3 51.30 (4) (cm) Required access to certain information. (intro.) Notwithstanding par. (a), treatment records of an individual shall, upon request, be released without informed written consent, except as restricted under par. (c), to the parent, child, sibling, or spouse, or domestic partner under ch. 770 of an individual who is or was a patient at an inpatient facility; to a law enforcement officer who is seeking to determine whether an individual is on unauthorized absence from the facility; and to mental health professionals who are providing treatment to the individual at the time that the information is released to others. Information released under this paragraph is limited to notice as to whether or not an individual is a patient at the inpatient facility and, if the individual is no longer a patient at the inpatient facility, the facility or other place, if known, at which the individual is located. This paragraph does not apply under any of the following circumstances:

AB75-ASA1, s. 1431 Section 1431. 51.30 (4) (cm) 1. of the statutes is amended to read:

AB75-ASA1,658,8 51.30 (4) (cm) 1. To the individual's parent, child, sibling, or spouse, or domestic partner under ch. 770 who is requesting information, if the individual has specifically requested that the information be withheld from the parent, child, sibling, or spouse, or domestic partner.

AB75-ASA1, s. 1431d Section 1431d. 51.30 (8) of the statutes is amended to read:

AB75-ASA1,658,16 51.30 (8) Grievances. Failure to comply with any provisions of this section may be processed as a grievance under s. 51.61 (5), except that a grievance resolution procedure option made available to the patient, as required under s. 457.04 (8), applies to failures to comply by a licensed mental health professional who is not affiliated with a county department or treatment facility. However, use of the grievance procedure is not required before bringing any civil action or filing a criminal complaint under this section.

AB75-ASA1, s. 1431g Section 1431g. 51.35 (1) (a) of the statutes is amended to read:

AB75-ASA1,659,9 51.35 (1) (a) Subject to pars. (b) and , (d), and (dm), the department or the county department under s. 51.42 or 51.437 may transfer any patient or resident who is committed to it, or who is admitted to a treatment facility under its supervision or operating under an agreement with it, between treatment facilities or from a treatment facility into the community if the transfer is consistent with reasonable medical and clinical judgment, consistent with s. 51.22 (5), and, if the transfer results in a greater restriction of personal freedom for the patient or resident, in accordance with par. (e). Terms and conditions that will benefit the patient or resident may be imposed as part of a transfer to a less restrictive treatment alternative. A patient or resident who is committed to the department or a county department under s. 51.42 or 51.437 may be required to take medications and receive treatment, subject to the right of the patient or resident to refuse medication and treatment under s. 51.61 (1) (g) and (h), through a community support program as a term or condition of a transfer. The patient or resident shall be informed at the time of transfer of the consequences of violating the terms and conditions of the transfer, including possible transfer back to a treatment facility that imposes a greater restriction on personal freedom of the patient or resident.

AB75-ASA1, s. 1431i Section 1431i. 51.35 (1) (d) 1. of the statutes is amended to read:

AB75-ASA1,659,14 51.35 (1) (d) 1. Subject to subd. 2. and par. (dm), the department may, without approval of the appropriate county department under s. 51.42 or 51.437, transfer any patient from a state treatment facility or other inpatient facility to an approved treatment facility which is less restrictive of the patient's personal freedom.

AB75-ASA1, s. 1431k Section 1431k. 51.35 (1) (dm) of the statutes is created to read:

AB75-ASA1,659,20 51.35 (1) (dm) The department may not exercise its authority under par. (a) or (d) 1. to transfer a resident of the southern center for the developmentally disabled to a less restrictive setting unless the resident's guardian or, if the resident is a minor and does not have a guardian, the resident's parent provides explicit written approval and consent for the transfer.

AB75-ASA1, s. 1432 Section 1432. 51.42 (3) (as) 1. of the statutes is renumbered 51.42 (3) (as) 1r. and amended to read:

AB75-ASA1,660,23 51.42 (3) (as) 1r. 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 services determines that a charge is administratively infeasible, or unless the department of health 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 in a state institution by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3), 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 children and families 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 that are attributable to care and treatment of the client.

AB75-ASA1, s. 1433 Section 1433. 51.42 (3) (as) 1g. of the statutes is created to read:

AB75-ASA1,661,2 51.42 (3) (as) 1g. In this paragraph, "county department" means county department of community programs.

AB75-ASA1, s. 1434 Section 1434. 51.42 (3) (as) 1m. of the statutes is amended to read:

AB75-ASA1,661,10 51.42 (3) (as) 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.

AB75-ASA1, s. 1435 Section 1435. 51.42 (3) (as) 2. of the statutes is amended to read:

AB75-ASA1,662,2 51.42 (3) (as) 2. If a mental health institute has provided a county department of community programs with service, the department of health services shall regularly bill collect for the cost of care from the county department of community programs, except as provided under subd. 2m. If collections for care from the county department and from other sources 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 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 The department of health services shall deduct all or part of the amount due from a county department under this subdivision from any payment due from the department of health services to the county department of community programs.