2025 - 2026 LEGISLATURE
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2025 ASSEMBLY BILL 116
March 11, 2025 - Introduced by JOINT LEGISLATIVE COUNCIL. Referred to
Committee on Local Government.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 49.45 (29x) (a) and 51.15 (2) (e) (intro.); to create 20.435 (5)
(dm), 49.45 (29x) (c) and (d) and 51.15 (2) (f) of the statutes; relating to:
transportation of minors for emergency detention.
Analysis by the Legislative Reference Bureau
This bill is explained in the NOTES provided by the Joint Legislative Council in
the bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
JOINT LEGISLATIVE COUNCIL PREFATORY NOTE: This bill was prepared for the
Joint Legislative Council Study Committee on Emergency Detention and Civil
Commitment of Minors.
The bill specifies that if a minor is approved for emergency detention, the county
that approves the detention is responsible for transportation to the emergency
detention facility. This includes responsibility for placing the minor in custody and the
cost of transportation. The bill provides that a county may contract with a law
enforcement agency, ambulance service, or 3rd-party vendor for the transportation. A
county may utilize law enforcement to provide the transportation only if that is the least
restrictive and most appropriate method, or is the only reasonable available alternative.
This restriction only applies, however, if the Department of Health Services (DHS)
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receives any necessary federal approval for Medical Assistance funding. A law
enforcement agency may likewise contract for the transportation.
The bill specifies that the county responsible for transportation of a minor to an
emergency detention facility may submit a request for reimbursement to DHS. DHS
may establish standards for allowable costs that must be reimbursed for transportation
provided for a minor after the bill takes effect. For a minor who is enrolled in the
Medical Assistance program, DHS may provide the reimbursement under that program
if allowed by the U.S. Department of Health and Human Services.
The bill includes a placeholder to add sum sufficient funding in DHS[s schedule
under the biennial state budget to provide reimbursement for the cost of transporting a
minor to an emergency detention facility.
SECTION 1. 20.005 (3) (schedule) of the statutes: at the appropriate place,
insert the following amounts for the purposes indicated:
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20.435 Health services, department of
(5) CARE AND TREATMENT SERVICES
(dm) Reimbursement for
transportation of minors for
emergency detention GPR S -0- -0-
SECTION 2. 20.435 (5) (dm) of the statutes is created to read:
20.435 (5) (dm) Reimbursement for transportation of minors for emergency
detention. A sum sufficient for the cost of transportation of minors for purposes of
emergency detention under s. 51.15 (2) (f).
SECTION 3. 49.45 (29x) (a) of the statutes is amended to read:
49.45 (29x) (a) Subject Except as otherwise provided under par. (c) and
subject to par. (b), the department shall provide reimbursement as provided under
s. 49.46 (2) (b) 3. to counties for transport of individuals who are recipients of
medical assistance for purposes of emergency detention under s. 51.15 (2) as
provided under s. 51.15 (2) (e). The department shall establish criteria that any
3rd-party vendor that is not a law enforcement agency or ambulance service
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provider must meet in order for the county to obtain reimbursement for transport
provided by that 3rd-party vendor under the Medical Assistance program.
SECTION 4. 49.45 (29x) (c) and (d) of the statutes are created to read:
49.45 (29x) (c) Notwithstanding pars. (a) and (b), subject to par. (d), the
department shall provide reimbursement as provided under s. 49.46 (2) (b) 3. to
counties for transport of minors who are recipients of medical assistance for
purposes of emergency detention under s. 51.15 (2) as provided under s. 51.15 (2)
(f).
(d) The department shall submit to the federal department of health and
human services any request for a state plan amendment, waiver, or other federal
approval necessary to provide reimbursement to counties for the transport of
minors for purposes of emergency detention under par. (c). If the federal
department of health and human services approves the request or if no federal
approval is necessary, the department shall provide reimbursement under par. (c).
If the federal department of health and human services disapproves the request,
the department may not provide reimbursement for services under par. (c).
SECTION 5. 51.15 (2) (e) (intro.) of the statutes is amended to read:
51.15 (2) (e) (intro.) Subject to s. 49.45 (29x) (a) and (b), a county may obtain
reimbursement through the Medical Assistance program under subch. IV of ch. 49
for transport of an individual for purposes of emergency detention if all of the
following are true:
SECTION 6. 51.15 (2) (f) of the statutes is created to read:
51.15 (2) (f) 1. If a minor is approved for emergency detention under this
section, the county that approves the detention is responsible for transportation of
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the minor to the emergency detention facility, including placing the minor in
custody and the cost of transportation. A county may contract with a law
enforcement agency, an ambulance service, or a 3rd-party vendor for transportation
of a minor for detention.
2. A law enforcement officer may provide the transportation of a minor under
subd. 1. only if that is the least restrictive and most appropriate method of
transport of the minor or is the only reasonable available alternative. As provided
under par. (a), a law enforcement agency may contract with another law
enforcement agency, an ambulance service provider, or a 3rd-party vendor to
transport a minor for detention if the agency, provider, or vendor agrees to provide
the transport.
3. The county responsible for transportation of a minor to an emergency
detention facility under this paragraph may submit a request to the department for
reimbursement of those costs, and the department shall provide reimbursement to
the county for those costs. The department may establish standards for allowable
costs that may be reimbursed to a county under this paragraph. Notwithstanding
par. (e), subject to s. 49.45 (29x) (c) and (d), the department may provide
reimbursement under this paragraph through the Medical Assistance program
under subch. IV of ch. 49 for the transport of a minor for purposes of emergency
detention who is a medical assistance recipient.
4. The limitation under subd. 2. on use of a law enforcement officer to provide
the transportation of a minor applies only if the department receives any necessary
federal approval as provided under s. 49.45 (29x) (d) to allow reimbursement under
the Medical Assistance program under subch. IV of ch. 49.
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SECTION 7. Initial applicability.
(1) The treatment of ss. 49.45 (29x) (a) and (c) and 51.15 (2) (e) (intro.) and (f)
first applies to county claims for reimbursement for transportation of a minor for
purposes of emergency detention that is provided on the effective date of the federal
approval described in s. 49.45 (29x) (d) or, if the department of health services
determines that no federal approval is required, on the effective date of this
subsection.
SECTION 8. Effective date.
(1) This act takes effect on the first day of the 7th month beginning after
publication.
(END)
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