Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB116 Compare Versions

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

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1	1	2025 - 2026 LEGISLATURE
2	2	LRB-2331/1
3	3	SWB:emw
4	4	2025 ASSEMBLY BILL 116
5	5	March 11, 2025 - Introduced by JOINT LEGISLATIVE COUNCIL. Referred to
6	6	Committee on Local Government.
7	7
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to amend 49.45 (29x) (a) and 51.15 (2) (e) (intro.); to create 20.435 (5)
10	10	(dm), 49.45 (29x) (c) and (d) and 51.15 (2) (f) of the statutes; relating to:
11	11	transportation of minors for emergency detention.
12	12	Analysis by the Legislative Reference Bureau
13	13	This bill is explained in the NOTES provided by the Joint Legislative Council in
14	14	the bill.
15	15	The people of the state of Wisconsin, represented in senate and assembly, do
16	16	enact as follows:
17	17	JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill was prepared for the
18	18	Joint Legislative Council Study Committee on Emergency Detention and Civil
19	19	Commitment of Minors.
20	20	The bill specifies that if a minor is approved for emergency detention, the county
21	21	that approves the detention is responsible for transportation to the emergency
22	22	detention facility. This includes responsibility for placing the minor in custody and the
23	23	cost of transportation. The bill provides that a county may contract with a law
24	24	enforcement agency, ambulance service, or 3rd-party vendor for the transportation. A
25	25	county may utilize law enforcement to provide the transportation only if that is the least
26	26	restrictive and most appropriate method, or is the only reasonable available alternative.
27	27	This restriction only applies, however, if the Department of Health Services (DHS)
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30	30	3 2025 - 2026 Legislature
31	31	ASSEMBLY BILL 116
32	32	- 2 - LRB-2331/1
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34	34	SECTION 1
35	35	receives any necessary federal approval for Medical Assistance funding. A law
36	36	enforcement agency may likewise contract for the transportation.
37	37	The bill specifies that the county responsible for transportation of a minor to an
38	38	emergency detention facility may submit a request for reimbursement to DHS. DHS
39	39	may establish standards for allowable costs that must be reimbursed for transportation
40	40	provided for a minor after the bill takes effect. For a minor who is enrolled in the
41	41	Medical Assistance program, DHS may provide the reimbursement under that program
42	42	if allowed by the U.S. Department of Health and Human Services.
43	43	The bill includes a placeholder to add sum sufficient funding in DHS[s schedule
44	44	under the biennial state budget to provide reimbursement for the cost of transporting a
45	45	minor to an emergency detention facility.
46	46	SECTION 1. 20.005 (3) (schedule) of the statutes: at the appropriate place,
47	47	insert the following amounts for the purposes indicated:
48	48	2025-26 2026-27
49	49	20.435 Health services, department of
50	50	(5) CARE AND TREATMENT SERVICES
51	51	(dm) Reimbursement for
52	52	transportation of minors for
53	53	emergency detention GPR S -0- -0-
54	54	SECTION 2. 20.435 (5) (dm) of the statutes is created to read:
55	55	20.435 (5) (dm) Reimbursement for transportation of minors for emergency
56	56	detention. A sum sufficient for the cost of transportation of minors for purposes of
57	57	emergency detention under s. 51.15 (2) (f).
58	58	SECTION 3. 49.45 (29x) (a) of the statutes is amended to read:
59	59	49.45 (29x) (a) Subject Except as otherwise provided under par. (c) and
60	60	subject to par. (b), the department shall provide reimbursement as provided under
61	61	s. 49.46 (2) (b) 3. to counties for transport of individuals who are recipients of
62	62	medical assistance for purposes of emergency detention under s. 51.15 (2) as
63	63	provided under s. 51.15 (2) (e). The department shall establish criteria that any
64	64	3rd-party vendor that is not a law enforcement agency or ambulance service
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84	84	ASSEMBLY BILL 116
85	85	- 3 - LRB-2331/1
86	86	SWB:emw
87	87	SECTION 3
88	88	provider must meet in order for the county to obtain reimbursement for transport
89	89	provided by that 3rd-party vendor under the Medical Assistance program.
90	90	SECTION 4. 49.45 (29x) (c) and (d) of the statutes are created to read:
91	91	49.45 (29x) (c) Notwithstanding pars. (a) and (b), subject to par. (d), the
92	92	department shall provide reimbursement as provided under s. 49.46 (2) (b) 3. to
93	93	counties for transport of minors who are recipients of medical assistance for
94	94	purposes of emergency detention under s. 51.15 (2) as provided under s. 51.15 (2)
95	95	(f).
96	96	(d) The department shall submit to the federal department of health and
97	97	human services any request for a state plan amendment, waiver, or other federal
98	98	approval necessary to provide reimbursement to counties for the transport of
99	99	minors for purposes of emergency detention under par. (c). If the federal
100	100	department of health and human services approves the request or if no federal
101	101	approval is necessary, the department shall provide reimbursement under par. (c).
102	102	If the federal department of health and human services disapproves the request,
103	103	the department may not provide reimbursement for services under par. (c).
104	104	SECTION 5. 51.15 (2) (e) (intro.) of the statutes is amended to read:
105	105	51.15 (2) (e) (intro.) Subject to s. 49.45 (29x) (a) and (b), a county may obtain
106	106	reimbursement through the Medical Assistance program under subch. IV of ch. 49
107	107	for transport of an individual for purposes of emergency detention if all of the
108	108	following are true:
109	109	SECTION 6. 51.15 (2) (f) of the statutes is created to read:
110	110	51.15 (2) (f) 1. If a minor is approved for emergency detention under this
111	111	section, the county that approves the detention is responsible for transportation of
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135	135	24 2025 - 2026 Legislature
136	136	ASSEMBLY BILL 116
137	137	- 4 - LRB-2331/1
138	138	SWB:emw
139	139	SECTION 6
140	140	the minor to the emergency detention facility, including placing the minor in
141	141	custody and the cost of transportation. A county may contract with a law
142	142	enforcement agency, an ambulance service, or a 3rd-party vendor for transportation
143	143	of a minor for detention.
144	144	2. A law enforcement officer may provide the transportation of a minor under
145	145	subd. 1. only if that is the least restrictive and most appropriate method of
146	146	transport of the minor or is the only reasonable available alternative. As provided
147	147	under par. (a), a law enforcement agency may contract with another law
148	148	enforcement agency, an ambulance service provider, or a 3rd-party vendor to
149	149	transport a minor for detention if the agency, provider, or vendor agrees to provide
150	150	the transport.
151	151	3. The county responsible for transportation of a minor to an emergency
152	152	detention facility under this paragraph may submit a request to the department for
153	153	reimbursement of those costs, and the department shall provide reimbursement to
154	154	the county for those costs. The department may establish standards for allowable
155	155	costs that may be reimbursed to a county under this paragraph. Notwithstanding
156	156	par. (e), subject to s. 49.45 (29x) (c) and (d), the department may provide
157	157	reimbursement under this paragraph through the Medical Assistance program
158	158	under subch. IV of ch. 49 for the transport of a minor for purposes of emergency
159	159	detention who is a medical assistance recipient.
160	160	4. The limitation under subd. 2. on use of a law enforcement officer to provide
161	161	the transportation of a minor applies only if the department receives any necessary
162	162	federal approval as provided under s. 49.45 (29x) (d) to allow reimbursement under
163	163	the Medical Assistance program under subch. IV of ch. 49.
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187	187	24 2025 - 2026 Legislature
188	188	ASSEMBLY BILL 116
189	189	- 5 - LRB-2331/1
190	190	SWB:emw
191	191	SECTION 7
192	192	SECTION 7. Initial applicability.
193	193	(1) The treatment of ss. 49.45 (29x) (a) and (c) and 51.15 (2) (e) (intro.) and (f)
194	194	first applies to county claims for reimbursement for transportation of a minor for
195	195	purposes of emergency detention that is provided on the effective date of the federal
196	196	approval described in s. 49.45 (29x) (d) or, if the department of health services
197	197	determines that no federal approval is required, on the effective date of this
198	198	subsection.
199	199	SECTION 8. Effective date.
200	200	(1) This act takes effect on the first day of the 7th month beginning after
201	201	publication.
202	202	(END)
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