Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB913 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 SENATE BILL 913
5	5	January 11, 2024 - Introduced by Senators JAMES and QUINN, cosponsored by
6	6	Representatives DITTRICH, BEHNKE, DUCHOW, KURTZ, MADISON, O'CONNOR and
7	7	SNYDER. Referred to Committee on Mental Health, Substance Abuse
8	8	Prevention, Children and Families.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 49.46 (2) (b) 14c., 49.46 (2) (bv) and 51.044 of the statutes;
11	11	relating to: psychiatric residential treatment facilities, providing an
12	12	exemption from emergency rule procedures, and granting rule-making
13	13	authority.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill establishes a Department of Health Services certification process for
16	16	psychiatric residential treatment facilities. The bill defines a psychiatric residential
17	17	treatment facility as a non-hospital facility that provides inpatient comprehensive
18	18	mental health treatment services to individuals under the age of 21 who, due to
19	19	mental illness, substance use, or severe emotional disturbance, need treatment that
20	20	can most effectively be provided in a residential treatment facility. Psychiatric
21	21	residential treatment facilities must be certified by DHS to operate. The bill requires
22	22	DHS to include a request for $500,000 of annual funding for the purpose of
23	23	implementing the regulations described in the bill in its 2025-27 budget request.
24	24	The bill also provides that services through a psychiatric residential treatment
25	25	facility are reimbursable under the Medical Assistance program. The bill requires
26	26	DHS to submit to the federal government any request for federal approval necessary
27	27	to provide the reimbursement for services by a psychiatric residential treatment
28	28	facility under the Medical Assistance program. The Medical Assistance program is
29	29	a joint federal and state program administered by DHS that provides health care
30	30	services to individuals with limited financial resources.
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36	36	SENATE BILL 913
37	37	For further information see the state fiscal estimate, which will be printed as
38	38	an appendix to this bill.
39	39	The people of the state of Wisconsin, represented in senate and assembly, do
40	40	enact as follows:
41	41	SECTION 1. 49.46 (2) (b) 14c. of the statutes is created to read:
42	42	49.46 (2) (b) 14c. Subject to par. (bv), services by a psychiatric residential
43	43	treatment facility.
44	44	SECTION 2. 49.46 (2) (bv) of the statutes is created to read:
45	45	49.46 (2) (bv) The department shall submit to the federal department of health
46	46	and human services any request for a state plan amendment, waiver, or other federal
47	47	approval necessary to provide reimbursement for services by a psychiatric
48	48	residential treatment facility. If the federal department of health and human
49	49	services approves the request or if no federal approval is necessary, the department
50	50	shall provide reimbursement under par. (b) 14c. If the federal department of health
51	51	and human services disapproves the request, the department may not provide
52	52	reimbursement for services under par. (b) 14c.
53	53	SECTION 3. 51.044 of the statutes is created to read:
54	54	51.044 Psychiatric residential treatment facilities. (1) DEFINITION. In
55	55	this section, “psychiatric residential treatment facility” is a non-hospital facility
56	56	that provides inpatient comprehensive mental health treatment services to
57	57	individuals under the age of 21 who, due to mental illness, substance use, or severe
58	58	emotional disturbance, need treatment that can most effectively be provided in a
59	59	residential treatment facility.
60	60	(2) CERTIFICATION REQUIRED; EXEMPTION. (a) No person may operate a
61	61	psychiatric residential treatment facility without a certification from the
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85	85	SECTION 3
86	86	SENATE BILL 913
87	87	department. The department may limit the number of certifications it grants to
88	88	operate a psychiatric residential treatment facility.
89	89	(b) A psychiatric residential treatment facility that has a certification from the
90	90	department under this section is not subject to facility regulation under ch. 48.
91	91	(3) RULES. The department may promulgate rules to implement this section.
92	92	SECTION 4.0Nonstatutory provisions.
93	93	(1) EMERGENCY RULES ON PSYCHIATRIC RESIDENTIAL TREATMENT FACILITIES. The
94	94	department of health services may promulgate emergency rules under s. 227.24
95	95	implementing certification of psychiatric residential treatment facilities under s.
96	96	51.044, including development of a new provider type and a reimbursement model
97	97	for psychiatric residential treatment facilities under the Medical Assistance
98	98	program under subch. IV of ch. 49. Notwithstanding s. 227.24 (1) (a) and (3), the
99	99	department of health services is not required to provide evidence that promulgating
100	100	a rule under this subsection as an emergency rule is necessary for the preservation
101	101	of the public peace, health, safety, or welfare and is not required to provide a finding
102	102	of emergency for a rule promulgated under this subsection. Notwithstanding s.
103	103	227.24 (1) (c) and (2), emergency rules promulgated under this subsection remain in
104	104	effect until July 1, 2025, or the date on which permanent rules take effect, whichever
105	105	is sooner.
106	106	(2) 2025-27 BIENNIAL BUDGET REQUEST. In submitting information under s. 16.42
107	107	for purposes of the 2025-27 biennial budget bill, the department of health services
108	108	shall include a request for $500,000 each fiscal year for the purpose of implementing
109	109	s. 51.044.
110	110	(END)
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