SB40-SSA1,801,125 50.034 (5n) Required referral. (intro.) Subject to sub. (5p), when a residential
6care apartment complex shall, within the time period prescribed by the department
7by rule, refer to a resource center under s. 46.283 a person who is seeking admission,
8first provides written material regarding the residential care apartment complex to
9a prospective resident who is at least 65 years of age or has developmental disability
10or a physical disability and whose disability or condition is expected to last at least
1190 days, the residential care apartment complex shall refer the prospective resident
12to a resource center under s. 46.283, unless any of the following applies:

SB40-SSA1,801,1714 50.034 (5n) (a) For a person who has received a screen for whom a screening
15for functional eligibility under s. 46.286 (1) (a) has been performed within the
16previous 6 months, the referral under this subsection need not include performance
17of an additional functional screen screening under s. 46.283 (4) (g).

SB40-SSA1,801,2419 50.034 (5n) (d) For a person who seeks admission or is about to be admitted on
20a private pay basis and who waives the requirement for a financial screen and
21cost-sharing screening under s. 46.283 (4) (g), the referral under this subsection may
22not include performance of a financial screen and cost-sharing screening under s.
2346.283 (4) (g), unless the person is expected to become eligible for medical assistance
24within 6 months.

SB40-SSA1,802,9

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150.035 (4m) Provision of information required. Subject to sub. (4p), when a
2community-based residential facility shall, within the time period after inquiry by
3first provides written material regarding the community-based residential facility
4to a prospective resident that is prescribed by the department by rule, inform, the
5community-based residential facility shall also provide the prospective resident of
6information specified by the department concerning the services of a resource center
7under s. 46.283, the family care benefit under s. 46.286, and the availability of a
8functional screening and a financial screen and cost-sharing screening to determine
9the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

SB40-SSA1,802,2211 50.035 (4n) Required referral. (intro.) Subject to sub. (4p), When a
12community-based residential facility shall, within the time period prescribed by the
13department by rule, refer to a resource center under s. 46.283 a person who is seeking
14admission, first provides written information regarding the community-based
15residential facility to a prospective resident who is at least 65 years of age or has
16developmental disability or a physical disability and whose disability or condition is
17expected to last at least 90 days, the community-based residential facility shall refer
18the individual to a resource center under s. 46.283 or, if the secretary has not certified
19under s. 46.281 (3) that a resource center is available in the area of the
20community-based residential facility to serve individuals in an eligibility group to
21which the prospective resident belongs, to the county department that administers
22a program under ss. 46.27 or 46.277, unless any of the following applies:

SB40-SSA1,803,224 50.035 (4n) (a) For a person who has received a screen for whom a screening
25for functional eligibility under s. 46.286 (1) (a) has been performed within the

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1previous 6 months, the referral under this subsection need not include performance
2of an additional functional screen screening under s. 46.283 (4) (g).

SB40-SSA1,803,94 50.035 (4n) (d) For a person who seeks admission or is about to be admitted on
5a private pay basis and who waives the requirement for a financial screen and
6cost-sharing screening under s. 46.283 (4) (g), the referral under this subsection may
7not include performance of a financial screen and cost-sharing screening under s.
846.283 (4) (g), unless the person is expected to become eligible for medical assistance
9within 6 months.

SB40-SSA1,803,1511 50.035 (4p) Applicability. Subsections Subsection (4m) and (4n) apply applies
12only if the secretary has certified under s. 46.281 (3) that a resource center is
13available for the community-based residential facility and for specified groups of
14eligible individuals that include those persons seeking admission to or the residents
15of the community-based residential facility.

SB40-SSA1,803,2419 50.04 (2g) (a) Subject to sub. (2i), a nursing home shall, within the time period
20after inquiry by a prospective resident that is prescribed by the department by rule,
21inform the prospective resident of the services of a resource center under s. 46.283,
22the family care benefit under s. 46.286, and the availability of a functional screening
23and a financial screen and cost-sharing screening to determine the prospective
24resident's eligibility for the family care benefit under s. 46.286 (1).

SB40-SSA1,804,4

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150.04 (2h) (a) 1. For a person who has received a screen for whom a screening
2for functional eligibility under s. 46.286 (1) (a) has been performed within the
3previous 6 months, the referral under this paragraph need not include performance
4of an additional functional screen screening under s. 46.283 (4) (g).

SB40-SSA1,804,116 50.04 (2h) (a) 4. For a person who seeks admission or is about to be admitted
7on a private pay basis and who waives the requirement for a financial screen and
8cost-sharing screening under s. 46.283 (4) (g), the referral under this subsection may
9not include performance of a financial screen and cost-sharing screening under s.
1046.283 (4) (g), unless the person is expected to become eligible for medical assistance
11within 6 months.

SB40-SSA1,804,2313 50.06 (7) An individual who consents to an admission under this section may
14request that an assessment be conducted for the incapacitated individual under the
15long-term support community options program under s. 46.27 (6) or, if the secretary
16has certified under s. 46.281 (3) that a resource center is available for the individual,
17a functional screening and a financial screen and cost-sharing screening to
18determine eligibility for the family care benefit under s. 46.286 (1). If admission is
19sought on behalf of the incapacitated individual or if the incapacitated individual is
20about to be admitted on a private pay basis, the individual who consents to the
21admission may waive the requirement for a financial screen and cost-sharing
22screening under s. 46.283 (4) (g), unless the incapacitated individual is expected to
23become eligible for medical assistance within 6 months.

SB40-SSA1,805,2

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150.135 (3) Exemption. The inpatient health care facilities under ss. 45.50,
248.62, 51.05, 51.06, 233.40, 233.41, 233.42 and 252.10 are exempt from this section.

SB40-SSA1,805,84 50.14 (2) (intro.) For the privilege of doing business in this state, there is
5imposed on all licensed beds of a facility an assessment that may not exceed $445 per
6calendar month per licensed bed of an intermediate care facility for the mentally
7retarded and an assessment that may not exceed $75 in the following amount per
8calendar month per licensed bed of a nursing home. the facility:

SB40-SSA1,805,11 9(2g) The assessment moneys collected under this section shall be deposited in
10the general fund, except amounts in excess of $13,800,000 shall be deposited in the
11Medical Assistance trust fund.

SB40-SSA1,805,12 12(2r) In determining the number of licensed beds, all of the following apply:

SB40-SSA1,805,1515 50.14 (2) (am) For nursing homes, an amount not to exceed $127.

SB40-SSA1,805,2218 50.14 (2) (bm) For intermediate care facilities for the mentally retarded, an
19amount calculated by multiplying the projected annual gross revenues of all
20intermediate care facilities for the mentally retarded in this state by 0.055, dividing
21the product by the number of licensed beds of intermediate care facilities in this state
22and dividing the quotient by 12.

SB40-SSA1,806,424 50.14 (2m) Prior to each state fiscal year, the department shall calculate the
25amount of the assessment under sub. (2) (bm) that shall apply during the fiscal year.

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1The department may reduce the assessment amount during a state fiscal year to
2avoid collecting for the fiscal year an amount in bed assessment receipts under sub.
3(2) (bm) that exceeds 5.5 percent of the aggregate gross revenues for intermediate
4care facilities for the mentally retarded for the fiscal year.

SB40-SSA1,806,10 750.375 Assessment. (1) Beginning in 2007, for the privilege of doing business
8in this state, there is imposed on each hospital an annual assessment, based on the
9hospital's gross revenue that each hospital shall pay before December 1. The
10assessments shall be deposited into the health care quality fund.

SB40-SSA1,806,13 11(2) The department shall verify the amount of each hospital's gross revenue
12and determine the amount of each hospital's assessment, based on claims
13information that shall be provided to the department under s. 153.46 (5).

SB40-SSA1,806,17 14(3) Although the department may consider the revenue received by a hospital
15for services or items provided as benefits under subch. IV of chapter 49, the
16department's determination under sub. (2) shall be based on a rate not to exceed 1
17percent of the hospital's gross revenue, as adjusted by the department.

SB40-SSA1,806,22 18(4) Sections 77.59 (1) to (5), (6) (intro.), (a), and (c), and (7) to (10), 77.60 (1) to
19(7), (9), and (10), 77.61 (9) and (12) to (14), and 77.62, as they apply to the taxes under
20subch. III of ch. 77, apply to the assessment under this section, except that the
21amount of any assessment collected under sub. (1) shall be deposited in the health
22care quality fund.

SB40-SSA1,806,24 23(5) The department shall levy, enforce, and collect the assessment under this
24section and shall develop and distribute forms necessary for levying and collection.

SB40-SSA1,807,4

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1(6) An affected hospital may contest an action by the department of health and
2family services under this section by submitting a written request for a hearing to
3the division of hearings and appeals in the department of administration within 30
4days after the date of the department's action.

SB40-SSA1,807,7 5(7) Any order or determination made by the division of hearings and appeals
6in the department of administration under a hearing as specified in sub. (6) is subject
7to judicial review as prescribed under ch. 227.

SB40-SSA1,807,1210 50.49 (6m) (am) An entity with which a care management organization, as
11defined in s. 46.2805 (1), contracts for care management services under s. 46.284 (4)
12(d), for purposes of providing the contracted services.

SB40-SSA1,807,2214 50.498 (1m) If an individual who applies for a certificate of approval, license
15or provisional license under sub. (1) does not have a social security number, the
16individual, as a condition of obtaining the certificate of approval, license or
17provisional license, shall submit a statement made or subscribed under oath or
18affirmation to the department that the applicant does not have a social security
19number. The form of the statement shall be prescribed by the department of
20workforce development children and families. A certificate of approval, license or
21provisional license issued in reliance upon a false statement submitted under this
22subsection is invalid.

SB40-SSA1,808,524 51.032 (1m) If an individual who applies for a certification or approval under
25sub. (1) does not have a social security number, the individual, as a condition of

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1obtaining the certification or approval, shall submit a statement made or subscribed
2under oath or affirmation to the department that the applicant does not have a social
3security number. The form of the statement shall be prescribed by the department
4of workforce development children and families. A certification or approval issued
5in reliance upon a false statement submitted under this subsection is invalid.

SB40-SSA1,808,14 751.038 Outpatient mental health clinic certification. Except as provided
8in s. 51.032, if a facility that provides mental health services on an outpatient basis
9holds current accreditation from the council on accreditation of services for families
10and children, the department may accept evidence of this accreditation as equivalent
11to the standards established by the department, for the purpose of certifying the
12facility for the receipt of funds for services provided as a benefit to a medical
13assistance recipient under s. 49.46 (2) (b) 6. f. or 49.471 (11) (k), a community aids
14funding recipient under s. 51.423 (2) or as mandated coverage under s. 632.89.

SB40-SSA1,808,21 1651.04 Treatment facility certification. Except as provided in s. 51.032, any
17treatment facility may apply to the department for certification of the facility for the
18receipt of funds for services provided as a benefit to a medical assistance recipient
19under s. 49.46 (2) (b) 6. f. or 49.471 (11) (k) or to a community aids funding recipient
20under s. 51.423 (2) or provided as mandated coverage under s. 632.89. The
21department shall annually charge a fee for each certification.

SB40-SSA1,809,523 51.15 (9) Notice of rights. At the time of detention the individual shall be
24informed by the director of the facility or such person's designee, both orally and in
25writing, of his or her right to contact an attorney and a member of his or her

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1immediate family, the right to have an attorney provided at public expense, as
2provided under s. 967.06 and ch. 977, if the individual is a child or is indigent, 51.60,
3and the right to remain silent and that the individual's statements may be used as
4a basis for commitment. The individual shall also be provided with a copy of the
5statement of emergency detention.

SB40-SSA1,809,137 51.20 (3) Legal counsel. At the time of the filing of the petition the court shall
8assure that the subject individual is represented by adversary counsel . If the
9individual claims or appears to be indigent, the court shall refer the person to the
10authority for indigency determinations specified under s. 977.07 (1). If the
11individual is a child, the court shall refer that child by referring the individual to the
12state public defender, who shall appoint counsel for the child individual without a
13determination of indigency, as provided in s. 48.23 (4) 51.60.

SB40-SSA1,809,2115 51.20 (18) (c) Expenses of the proceedings from the presentation of the
16statement of emergency detention or petition for commitment to the conclusion of the
17proceeding shall be allowed by the court and paid by the county from which the
18subject individual is detained, committed, or released, in the manner that the
19expenses of a criminal prosecution are paid, as provided in s. 59.64 (1). Payment of
20attorney fees for appointed attorneys in the case of children and indigents shall be
21in accordance with ch. 977.

SB40-SSA1,809,2523 51.30 (4) (b) 27. For the purpose of entering information concerning the subject
24individual into the statewide automated child welfare information system
25established under s. 46.03 48.47 (7g).

SB40-SSA1,810,102 51.35 (1) (e) 1. Whenever any transfer between different treatment facilities
3results in a greater restriction of personal freedom for the patient and whenever the
4patient is transferred from outpatient to inpatient status, the department or the
5county department specified under par. (a) shall inform the patient both orally and
6in writing of his or her right to contact an attorney and a member of his or her
7immediate family, the right to have counsel provided at public expense, as provided
8under s. 967.06 and ch. 977, if the patient is a child or is indigent 51.60, and the right
9to petition a court in the county in which the patient is located or the committing
10court for a review of the transfer.

SB40-SSA1,810,1312 51.35 (1) (e) 2. c. The patient's right to have counsel provided at public expense,
13as provided under s. 967.06 and ch. 977, if the patient is a child or is indigent 51.60.

SB40-SSA1,811,1515 51.42 (3) (as) 1. A county department of community programs shall authorize
16all care of any patient in a state, local, or private facility under a contractual
17agreement between the county department of community programs and the facility,
18unless the county department of community programs governs the facility. The need
19for inpatient care shall be determined by the program director or designee in
20consultation with and upon the recommendation of a licensed physician trained in
21psychiatry and employed by the county department of community programs or its
22contract agency. In cases of emergency, a facility under contract with any county
23department of community programs shall charge the county department of
24community programs having jurisdiction in the county where the patient is found.
25The county department of community programs shall reimburse the facility for the

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1actual cost of all authorized care and services less applicable collections under s.
246.036, unless the department of health and family services determines that a
3charge is administratively infeasible, or unless the department of health and family
4services, after individual review, determines that the charge is not attributable to the
5cost of basic care and services. Except as provided in subd. 1m., a county department
6of community programs may not reimburse any state institution or receive credit for
7collections for care received therein in a state institution by nonresidents of this
8state, interstate compact clients, transfers under s. 51.35 (3), and transfers from
9Wisconsin state prisons under s. 51.37 (5) (a), commitments under s. 975.01, 1977
10stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06 or admissions under s.
11975.17, 1977 stats., or children placed in the guardianship of the department of
12health and family services children and families under s. 48.427 or 48.43 or under
13the supervision of the department of corrections under s. 938.183 or 938.355. The
14exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which
15that are attributable to care and treatment of the client.

SB40-SSA1,812,617 51.42 (3) (e) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78
18(2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3)
19(c) and 938.78 (2) (a), any subunit of a county department of community programs
20or tribal agency acting under this section may exchange confidential information
21about a client, without the informed consent of the client, with any other subunit of
22the same county department of community programs or tribal agency, with a
23resource center, a care management organization, or a family long-term care
24district, or with any person providing services to the client under a purchase of
25services contract with the county department of community programs or tribal

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1agency or with a resource center, care management organization, or family
2long-term care district, if necessary to enable an employee or service provider to
3perform his or her duties, or to enable the county department of community
4programs or tribal agency to coordinate the delivery of services to the client. Any
5agency releasing information under this paragraph shall document that a request
6was received and what information was provided.

SB40-SSA1,812,258 51.423 (2) From the appropriations under s. 20.435 (7) (b) and (o), the
9department shall distribute the funding for services provided or purchased by county
10departments under s. 46.23, 51.42, or 51.437 to such county departments as provided
11under s. 46.40. County matching funds are required for the distributions under s.
1246.40 (2) and (9) (b). Each county's required match for the distributions under s.
1346.40 (2) for a year equals 9.89% of the total of the county's distributions under s.
1446.40 (2) for that year for which matching funds are required plus the amount the
15county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile
16delinquency-related services from its distribution for 1987. Each county's required
17match for the distribution under s. 46.40 (9) (b) for a year equals 9.89% of that
18county's amounts described in s. 46.40 (9) (a) (ar) (intro.) for that year. Matching
19funds may be from county tax levies, federal and state revenue sharing funds, or
20private donations to the counties that meet the requirements specified in sub. (5).
21Private donations may not exceed 25% of the total county match. If the county match
22is less than the amount required to generate the full amount of state and federal
23funds distributed for this period, the decrease in the amount of state and federal
24funds equals the difference between the required and the actual amount of county
25matching funds.

SB40-SSA1,813,162 51.437 (4r) (b) Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83,
351.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), any
4subunit of a county department of developmental disabilities services or tribal
5agency acting under this section may exchange confidential information about a
6client, without the informed consent of the client, with any other subunit of the same
7county department of developmental disabilities services or tribal agency, with a
8resource center, a care management organization, or a family long-term care
9district, or with any person providing services to the client under a purchase of
10services contract with the county department of developmental disabilities services
11or tribal agency or with a resource center, a care management organization, or a
12family long-term care district, if necessary to enable an employee or service provider
13to perform his or her duties, or to enable the county department of developmental
14disabilities services or tribal agency to coordinate the delivery of services to the
15client. Any agency releasing information under this paragraph shall document that
16a request was received and what information was provided.

SB40-SSA1,814,2018 51.437 (4rm) (a) A county department of developmental disabilities services
19shall authorize all care of any patient in a state, local, or private facility under a
20contractual agreement between the county department of developmental disabilities
21services and the facility, unless the county department of developmental disabilities
22services governs the facility. The need for inpatient care shall be determined by the
23program director or designee in consultation with and upon the recommendation of
24a licensed physician trained in psychiatry and employed by the county department
25of developmental disabilities services or its contract agency prior to the admission

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1of a patient to the facility except in the case of emergency services. In cases of
2emergency, a facility under contract with any county department of developmental
3disabilities services shall charge the county department of developmental
4disabilities services having jurisdiction in the county where the individual receiving
5care is found. The county department of developmental disabilities services shall
6reimburse the facility, except as provided under par. (c), for the actual cost of all
7authorized care and services less applicable collections under s. 46.036, unless the
8department of health and family services determines that a charge is
9administratively infeasible, or unless the department of health and family services,
10after individual review, determines that the charge is not attributable to the cost of
11basic care and services. The exclusionary provisions of s. 46.03 (18) do not apply to
12direct and indirect costs which are attributable to care and treatment of the client.
13County departments of developmental disabilities services may not reimburse any
14state institution or receive credit for collections for care received therein in a state
15institution by nonresidents of this state, interstate compact clients, transfers under
16s. 51.35 (3) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats.,
17or s. 971.14, 971.17 or 975.06, admissions under s. 975.17, 1977 stats., children
18placed in the guardianship of the department of health and family services children
19and families under s. 48.427 or 48.43 or juveniles under the supervision of the
20department of corrections under s. 938.183 or 938.355.

SB40-SSA1,815,423 51.45 (12) (b) The physician, spouse, guardian, or a relative of the person
24sought to be committed, or any other responsible person, may petition a circuit court
25commissioner or the circuit court of the county in which the person sought to be

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1committed resides or is present for commitment under this subsection. The petition
2shall: 1. State state facts to support the need for emergency treatment; 3. Be and
3be supported by one or more affidavits which that aver with particularity the factual
4basis for the allegations contained in the petition.

SB40-SSA1,815,127 51.45 (12) (c) 2. Assure that the person sought to be committed is represented
8by counsel and, if the person claims or appears to be indigent, refer the person to the
9authority for indigency determinations specified under s. 977.07 (1) or, if the person
10is a child, refer that child by referring the person to the state public defender, who
11shall appoint counsel for the child person without a determination of indigency, as
12provided in s. 48.23 (4) 51.60.

SB40-SSA1,815,2114 51.45 (13) (b) 2. Assure that the person is represented by counsel and, if the
15person claims or appears to be indigent, refer the person to the authority for
16indigency determinations specified under s. 977.07 (1) or, if the person is a child, refer
17that child by referring the person to the state public defender, who shall appoint
18counsel for the child person without a determination of indigency, as provided in s.
1948.23 (4) 51.60. The person shall be represented by counsel at the preliminary
20hearing under par. (d). The person may, with the approval of the court, waive his or
21her right to representation by counsel at the full hearing under par. (f).