1 | 1 | | 2025 - 2026 LEGISLATURE |
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2 | 2 | | LRB-2329/1 |
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3 | 3 | | SWB:skw |
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4 | 4 | | 2025 ASSEMBLY BILL 115 |
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5 | 5 | | March 11, 2025 - Introduced by JOINT LEGISLATIVE COUNCIL. Referred to |
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6 | 6 | | Committee on Mental Health and Substance Abuse Prevention. |
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7 | 7 | | |
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8 | 8 | | ***AUTHORS SUBJECT TO CHANGE*** |
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9 | 9 | | AN ACT to create 49.45 (29t) and 49.46 (2) (b) 14r. of the statutes; relating to: |
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10 | 10 | | authorizing youth behavioral health program under the Medical Assistance |
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11 | 11 | | program and granting rule-making authority. |
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12 | 12 | | Analysis by the Legislative Reference Bureau |
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13 | 13 | | This bill is explained in the NOTES provided by the Joint Legislative Council in |
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14 | 14 | | the bill. |
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15 | 15 | | The people of the state of Wisconsin, represented in senate and assembly, do |
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16 | 16 | | enact as follows: |
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17 | 17 | | JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill was prepared for the |
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18 | 18 | | Joint Legislative Council Study Committee on Emergency Detention and Civil |
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19 | 19 | | Commitment of Minors. |
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20 | 20 | | The bill authorizes the Department of Health Services (DHS) to create a new |
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21 | 21 | | youth behavioral health Medical Assistance (MA) program. The program is expected to |
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22 | 22 | | coordinate access and services across programs for children and youth under age 21 |
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23 | 23 | | who are experiencing complex behavioral health needs, particularly in multiple systems |
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24 | 24 | | of care. |
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25 | 25 | | To accomplish this, the bill directs DHS to collaborate with the Departments of |
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26 | 26 | | Children and Families and Public Instruction, Office of Children[s Mental Health, |
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27 | 27 | | DHS[s XChildren Come FirstY advisory committee, and county human or social services |
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28 | 28 | | agencies, to create the new MA program. DHS must also seek feedback from county |
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31 | 31 | | 3 2025 - 2026 Legislature |
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32 | 32 | | ASSEMBLY BILL 115 |
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33 | 33 | | - 2 - LRB-2329/1 |
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34 | 34 | | SWB:skw |
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35 | 35 | | SECTION 1 |
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36 | 36 | | human or social services agencies on the operability of the proposed funding structure |
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37 | 37 | | under the MA program. DHS may submit an MA waiver or state plan amendment to |
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38 | 38 | | the U.S. Department of Health and Human Services to provide reimbursement for the |
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39 | 39 | | services, and implementation of the program is contingent on that approval. |
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40 | 40 | | The bill specifies that the goal of the new program is to keep families supported |
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41 | 41 | | in the community and to prevent institutionalization and out of home care placement. |
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42 | 42 | | In furtherance of that goal, the bill directs DHS to design the program to provide |
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43 | 43 | | services that include any of the following: mobile response and stabilization services, |
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44 | 44 | | intensive home-based treatment, behavioral health services (including inpatient |
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45 | 45 | | behavioral health services), psychiatric residential treatment facilities, substance use |
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46 | 46 | | disorder services, psychiatry services, outpatient services, and developmental |
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47 | 47 | | disabilities services. DHS must ensure that care management is delivered according to |
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48 | 48 | | the child[s or youth[s and the family[s needs. |
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49 | 49 | | Care coordination under the program must be provided on a regional basis (as |
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50 | 50 | | determined by DHS), by community-based organizations or county human or social |
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51 | 51 | | services agencies. DHS may procure a single, statewide managed care plan that is |
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52 | 52 | | responsible for building a sufficient provider network to ensure access to behavioral |
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53 | 53 | | health services, including residential treatment services and home and community- |
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54 | 54 | | based services, in order to offer a full continuum of behavioral health care. DHS or a |
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55 | 55 | | managed care organization may manage administrative care coordination, utilization |
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56 | 56 | | management, and quality improvement efforts. |
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57 | 57 | | Lastly, the bill specifies that DHS may promulgate rules to implement the |
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58 | 58 | | program, may establish standards and enforce staffing, network adequacy, and |
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59 | 59 | | complaint and grievance requirements, and is authorized to add one full-time |
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60 | 60 | | equivalent project position for the purpose of developing and implementing the |
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61 | 61 | | program. |
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62 | 62 | | SECTION 1. 49.45 (29t) of the statutes is created to read: |
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63 | 63 | | 49.45 (29t) YOUTH BEHAVIORAL HEALTH PROGRAM. (a) In this subsection, |
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64 | 64 | | XprogramY means the youth behavioral health program described under par. (b). |
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65 | 65 | | (b) The department shall collaborate with the department of children and |
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66 | 66 | | families, the department of public instruction, the office of children[s mental health |
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67 | 67 | | in the department of health services, the state advisory committee under s. 46.56 |
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68 | 68 | | (14) (a), and county human or social services agencies to create, under the Medical |
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69 | 69 | | Assistance program, a program that coordinates access and services across |
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70 | 70 | | programs for individuals under the age of 21 who are experiencing complex |
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71 | 71 | | behavioral health needs. The department shall seek feedback from county human |
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72 | 72 | | or social services agencies on the operability of the proposed funding structure |
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73 | 73 | | under the Medical Assistance program. |
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86 | 86 | | ASSEMBLY BILL 115 |
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87 | 87 | | - 3 - LRB-2329/1 |
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88 | 88 | | SWB:skw |
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89 | 89 | | SECTION 1 |
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90 | 90 | | (c) The department shall ensure that the program addresses the behavioral |
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91 | 91 | | health needs of individuals under the age of 21 who have complex, multisystem |
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92 | 92 | | needs, with the goal of keeping families supported in the community and |
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93 | 93 | | preventing institutionalization and out-of-home care placement. The department |
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94 | 94 | | shall ensure that care management under the program is delivered according to the |
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95 | 95 | | needs of the child or youth and of the family of the child or youth. |
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96 | 96 | | (d) The department shall design the program to provide services, including |
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97 | 97 | | any of the following: |
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98 | 98 | | 1. Mobile response and stabilization services. |
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99 | 99 | | 2. Intensive home-based treatment. |
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100 | 100 | | 3. Behavioral health services, including inpatient behavioral health services. |
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101 | 101 | | 4. Psychiatric residential treatment facilities. |
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102 | 102 | | 5. Substance use disorder services. |
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103 | 103 | | 6. Psychiatry services. |
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104 | 104 | | 7. Outpatient services. |
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105 | 105 | | 8. Developmental disabilities services. |
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106 | 106 | | (e) Care coordination through the program shall be provided on a regional |
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107 | 107 | | basis, as determined by the department, by community-based organizations or |
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108 | 108 | | county human or social services agencies. The department may procure a single, |
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109 | 109 | | statewide managed care plan that builds a sufficient provider network to ensure |
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110 | 110 | | access to behavioral health services, including residential treatment services and |
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111 | 111 | | home and community-based services, in order to offer a full continuum of |
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112 | 112 | | behavioral health care. The department or a managed care organization may |
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135 | 135 | | 23 2025 - 2026 Legislature |
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136 | 136 | | ASSEMBLY BILL 115 |
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137 | 137 | | - 4 - LRB-2329/1 |
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138 | 138 | | SWB:skw |
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139 | 139 | | SECTION 1 |
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140 | 140 | | manage administrative care coordination, utilization management, and quality |
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141 | 141 | | improvement efforts under this paragraph. |
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142 | 142 | | (f) The department may promulgate rules to implement the program and may |
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143 | 143 | | establish standards and enforce staffing, network adequacy, and complaint and |
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144 | 144 | | grievance requirements. |
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145 | 145 | | (g) The department may submit to the federal department of health and |
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146 | 146 | | human services any request for a state plan amendment, waiver, or other federal |
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147 | 147 | | approval necessary to provide reimbursement for services under s. 49.46 (2) (b) 14r. |
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148 | 148 | | The department may implement the program under this subsection and provide |
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149 | 149 | | reimbursement under s. 49.46 (2) (b) 14r. only if any necessary federal approval |
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150 | 150 | | from the federal department of health and human services under this paragraph is |
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151 | 151 | | granted or if no federal approval is required. If federal approval is necessary but is |
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152 | 152 | | not granted, the department may not provide reimbursement for services under s. |
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153 | 153 | | 49.46 (2) (b) 14r. |
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154 | 154 | | SECTION 2. 49.46 (2) (b) 14r. of the statutes is created to read: |
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155 | 155 | | 49.46 (2) (b) 14r. Youth behavioral health services, as specified under s. 49.45 |
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156 | 156 | | (29t). |
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157 | 157 | | SECTION 3. Nonstatutory provisions. |
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158 | 158 | | (1) POSITION AUTHORIZATION FOR THE DEPARTMENT OF HEALTH SERVICES. The |
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159 | 159 | | authorized FTE positions for the department of health services are increased by 1.0 |
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160 | 160 | | GPR project position, to be funded from the appropriation under s. 20.435 (4) (b), for |
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161 | 161 | | the purpose of developing and, subject to the approval requirements of s. 49.45 (29t) |
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162 | 162 | | (g), implementing the youth behavioral health program under s. 49.45 (29t). |
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163 | 163 | | (END) |
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