Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1003 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1003
5	5	January 25, 2024 - Introduced by Representatives DITTRICH, DUCHOW, O'CONNOR,
6	6	KURTZ, SNYDER, BEHNKE and MADISON, cosponsored by Senators JAMES and
7	7	QUINN. Referred to Committee on Health, Aging and Long-Term Care.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to create 49.46 (2) (b) 14c., 49.46 (2) (bv) and 51.044 of the statutes;
10	10	relating to: psychiatric residential treatment facilities, providing an
11	11	exemption from emergency rule procedures, and granting rule-making
12	12	authority.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill establishes a Department of Health Services certification process for
15	15	psychiatric residential treatment facilities. The bill defines a psychiatric residential
16	16	treatment facility as a non-hospital facility that provides inpatient comprehensive
17	17	mental health treatment services to individuals under the age of 21 who, due to
18	18	mental illness, substance use, or severe emotional disturbance, need treatment that
19	19	can most effectively be provided in a residential treatment facility. Psychiatric
20	20	residential treatment facilities must be certified by DHS to operate. The bill requires
21	21	DHS to include a request for $500,000 of annual funding for the purpose of
22	22	implementing the regulations described in the bill in its 2025-27 budget request.
23	23	The bill also provides that services through a psychiatric residential treatment
24	24	facility are reimbursable under the Medical Assistance program. The bill requires
25	25	DHS to submit to the federal government any request for federal approval necessary
26	26	to provide the reimbursement for services by a psychiatric residential treatment
27	27	facility under the Medical Assistance program. The Medical Assistance program is
28	28	a joint federal and state program administered by DHS that provides health care
29	29	services to individuals with limited financial resources.
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35	35	ASSEMBLY BILL 1003
36	36	For further information see the state fiscal estimate, which will be printed as
37	37	an appendix to this bill.
38	38	The people of the state of Wisconsin, represented in senate and assembly, do
39	39	enact as follows:
40	40	SECTION 1. 49.46 (2) (b) 14c. of the statutes is created to read:
41	41	49.46 (2) (b) 14c. Subject to par. (bv), services by a psychiatric residential
42	42	treatment facility.
43	43	SECTION 2. 49.46 (2) (bv) of the statutes is created to read:
44	44	49.46 (2) (bv) The department shall submit to the federal department of health
45	45	and human services any request for a state plan amendment, waiver, or other federal
46	46	approval necessary to provide reimbursement for services by a psychiatric
47	47	residential treatment facility. If the federal department of health and human
48	48	services approves the request or if no federal approval is necessary, the department
49	49	shall provide reimbursement under par. (b) 14c. If the federal department of health
50	50	and human services disapproves the request, the department may not provide
51	51	reimbursement for services under par. (b) 14c.
52	52	SECTION 3. 51.044 of the statutes is created to read:
53	53	51.044 Psychiatric residential treatment facilities. (1) DEFINITION. In
54	54	this section, “psychiatric residential treatment facility” is a non-hospital facility
55	55	that provides inpatient comprehensive mental health treatment services to
56	56	individuals under the age of 21 who, due to mental illness, substance use, or severe
57	57	emotional disturbance, need treatment that can most effectively be provided in a
58	58	residential treatment facility.
59	59	(2) CERTIFICATION REQUIRED; EXEMPTION. (a) No person may operate a
60	60	psychiatric residential treatment facility without a certification from the
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84	84	SECTION 3
85	85	ASSEMBLY BILL 1003
86	86	department. The department may limit the number of certifications it grants to
87	87	operate a psychiatric residential treatment facility.
88	88	(b) A psychiatric residential treatment facility that has a certification from the
89	89	department under this section is not subject to facility regulation under ch. 48.
90	90	(3) RULES. The department may promulgate rules to implement this section.
91	91	SECTION 4.0Nonstatutory provisions.
92	92	(1) EMERGENCY RULES ON PSYCHIATRIC RESIDENTIAL TREATMENT FACILITIES. The
93	93	department of health services may promulgate emergency rules under s. 227.24
94	94	implementing certification of psychiatric residential treatment facilities under s.
95	95	51.044, including development of a new provider type and a reimbursement model
96	96	for psychiatric residential treatment facilities under the Medical Assistance
97	97	program under subch. IV of ch. 49. Notwithstanding s. 227.24 (1) (a) and (3), the
98	98	department of health services is not required to provide evidence that promulgating
99	99	a rule under this subsection as an emergency rule is necessary for the preservation
100	100	of the public peace, health, safety, or welfare and is not required to provide a finding
101	101	of emergency for a rule promulgated under this subsection. Notwithstanding s.
102	102	227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in
103	103	effect until July 1, 2025, or the date on which permanent rules take effect, whichever
104	104	is sooner.
105	105	(2) 2025-27 BIENNIAL BUDGET REQUEST. In submitting information under s. 16.42
106	106	for purposes of the 2025-27 biennial budget bill, the department of health services
107	107	shall include a request for $500,000 each fiscal year for the purpose of implementing
108	108	s. 51.044.
109	109	(END)
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