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51.437 Developmental disabilities services.

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51.43751.437Developmental disabilities services.51.437(1)(1)Definition.In this section, "services" means specialized services or special adaptations of generic services directed toward the prevention and alleviation of a developmental disability or toward the social, personal, physical or economic habilitation or rehabilitation of an individual with such a disability, and includes diagnosis, evaluation, treatment, personal care, day care, domiciliary care, special living arrangements, training, sheltered employment, protective and other social and socio-legal services, follow-along services and transportation services necessary to assure delivery of services to individuals with developmental disabilities. 51.437(4)(4)Responsibility of county government.51.437(4)(a)(a) The county board of supervisors has the primary governmental responsibility for the well-being of those developmentally disabled citizens residing within its county and the families of the developmentally disabled insofar as the usual resultant family stresses bear on the well-being of the developmentally disabled citizen. This primary governmental responsibility is limited to the programs, services and resources that the county board of supervisors is reasonably able to provide within the limits of available state and federal funds and of county funds required to be appropriated to match state funds. 51.437(4)(c)(c) County liability for care and services purchased through or provided by a county department of developmental disabilities services established under this section shall be based upon the client's county of residence except for emergency services for which liability shall be placed with the county in which the individual is found. For the purpose of establishing county liability, "emergency services" means those services provided under the authority of s. 55.05 (4), 2003 stats., or s. 55.06 (11) (a), 2003 stats., or s. 51.15, 55.13, or 55.135. Nothing in this paragraph prevents recovery of liability under s. 46.10 or any other statute creating liability upon the individual receiving a service or any other designated responsible party. 51.437(4g)(4g)County department of developmental disabilities services established; integration of services.51.437(4g)(a)(a) Except as provided under par. (b) and ss. 46.21 (2m) (b) and 46.23 (3) (b), every county board of supervisors shall establish a county department of developmental disabilities services on a single-county or multicounty basis to furnish services within its county. Adjacent counties, lacking the financial resources and professional personnel needed to provide or secure such services on a single-county basis, may and shall be encouraged to combine their energies and financial resources to provide these joint services and facilities with the approval of the department of health services. The county department of developmental disabilities services shall consist of a county developmental disabilities services board, a county developmental disabilities services director and necessary personnel. 51.437(4g)(b)(b) A county board of supervisors may transfer the powers and duties of a county department of developmental disabilities services under this section to a county department under s. 51.42, which shall act under s. 51.42 (3) (ar) 3. 51.437(4g)(c)(c) In a county with a population of 500,000 or more, the county board of supervisors shall integrate day care programs for mentally retarded persons and those programs for persons with other developmental disabilities into the county developmental disabilities program. 51.437(4m)(4m)Duties of county department of developmental disabilities services.A county department of developmental disabilities services shall do all of the following: 51.437(4m)(a)(a) Within the limits of available state and federal funds and of county funds required to be appropriated to match state funds, establish a county developmental disabilities services program. Such services shall be provided either directly or by contract. 51.437(4m)(b)(b) Develop, approve and modify on a continuing basis a single-county or multicounty plan for the delivery of services, including the construction of facilities, to those citizens affected by developmental disabilities. The purpose of the plan shall be to ensure the delivery of needed services and the prevention of unnecessary duplication, fragmentation of services and waste of resources. Plans shall include, to the fullest extent possible, participation by existing and planned agencies of the state, counties, municipalities, school districts and all other public and private agencies as are required to, or may agree to, participate in the delivery of services. The plan shall, to the fullest extent possible, be coordinated with and integrated into plans developed by regional comprehensive health planning agencies. 51.437(4m)(c)(c) Provide continuing counsel to public and private agencies as well as other appointed and elected bodies within the county. 51.437(4m)(d)(d) Establish a program of citizen information and education concerning the problems associated with developmental disabilities. 51.437(4m)(e)(e) Establish a fixed point of information and referral within the community for developmentally disabled individuals and their families. The fixed point of information and referral shall consist of a specific agency designated to provide information on the availability of services and the process by which the services may be obtained. 51.437(4m)(f)(f) Enter into contracts to provide or secure services from other agencies or resources including out-of-state agencies or resources. Notwithstanding ss. 59.42 (1) and (2) (b) and 978.05, any multicounty department of developmental disabilities services may contract for professional legal services that are necessary to carry out the duties of the multicounty department of developmental disabilities services if the corporation counsel of each county of the multicounty department of developmental disabilities services has notified the multicounty department of developmental disabilities services that he or she is unable to provide those services in a timely manner. 51.437(4m)(g)(g) Acknowledge receipt of the notification received under s. 115.812 (2). 51.437(4m)(h)(h) Submit final budgets under s. 46.031 (1) for funding under s. 51.423. 51.437(4m)(i)(i) Annually report to the department of health services regarding the use of any contract entered into under s. 51.87. 51.437(4m)(j)(j) By September 30, submit for inclusion as part of the proposed county budget to the county executive or county administrator or, in those counties without a county executive or county administrator, directly to the county board of supervisors in a county with a single-county department of developmental disabilities services or the county boards of supervisors in counties with a multicounty department of developmental disabilities services a proposed budget for the succeeding calendar year covering services, including active treatment community mental health center services, based on the plan required under s. 51.42 (3) (ar) 5. The final budget shall be submitted to the department of health services. 51.437(4m)(k)(k) Develop the cost of all services which it purchases based on the standards and requirements of s. 46.036. 51.437(4m)(L)(L) Except in an emergency, review and approve or disapprove all admissions to nursing homes of persons with a developmental disability who are residents of the county. 51.437(4m)(m)(m) If the county board of supervisors establishes an initiative to provide coordinated services under s. 59.53 (7), participate in the initiative, including entering into any written interagency agreements or contracts. 51.437(4m)(n)(n) If authorized under s. 46.283 (1) (a) 1., apply to the department of health services to operate a resource center under s. 46.283 and, if the department contracts with the county under s. 46.283 (2), operate the resource center. 51.437(4m)(p)(p) If authorized under s. 46.284 (1) (a) 1., apply to the department of health services to operate a care management organization under s. 46.284 and, if the department contracts with the county under s. 46.284 (2), operate the care management organization and, if appropriate, place funds in a risk reserve. 51.437(4r)(4r)Powers of county department of developmental disabilities services.51.437(4r)(a)(a) A county department of developmental disabilities services: 51.437(4r)(a)1.1. May not furnish services and programs provided by the department of public instruction and local educational agencies. 51.437(4r)(a)2.2. May allocate services among service recipients to reflect the availability of limited resources. 51.437(4r)(a)3.3. May administer an initiative to provide coordinated services under s. 59.53 (7), if the county board of supervisors establishes the initiative. 51.437(4r)(a)4.4. May own, lease or manage real property for the purposes of operating a treatment facility. 51.437(4r)(b)(b) Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c), and 938.78 (2) (a), any subunit of a county department of developmental disabilities services or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of developmental disabilities services or tribal agency, with a resource center, a care management organization, or a long-term care district, or with any person providing services to the client under a purchase of services contract with the county department of developmental disabilities services or tribal agency or with a resource center, a care management organization, or a long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of developmental disabilities services or tribal agency to coordinate the delivery of services to the client. Any agency releasing information under this paragraph shall document that a request was received and what information was provided. 51.437(4rm)(4rm)Cost of services.51.437(4rm)(a)(a) A county department of developmental disabilities services shall authorize all care of any patient in a state, local, or private facility under a contractual agreement between the county department of developmental disabilities services and the facility, unless the county department of developmental disabilities services governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of developmental disabilities services or its contract agency prior to the admission of a patient to the facility except in the case of emergency services. In cases of emergency, a facility under contract with any county department of developmental disabilities services shall charge the county department of developmental disabilities services having jurisdiction in the county where the individual receiving care is found. The county department of developmental disabilities services shall reimburse the facility, except as provided under par. (c), for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health services determines that a charge is administratively infeasible, or unless the department of health services, after individual review, determines that the charge is not attributable to the cost of basic care and services. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which are attributable to care and treatment of the client. County departments of developmental disabilities services may not reimburse any state institution or receive credit for collections for care received in a state institution by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06, admissions under s. 975.17, 1977 stats., children placed in the guardianship of the department of children and families under s. 48.427 or 48.43 or juveniles under the supervision of the department of corrections under s. 938.183 or 938.355. 51.437(4rm)(b)(b) If any of the county developmental disabilities services authorized under par. (a) are provided by any of the institutions specified in s. 46.10, the costs of such services shall be segregated from the costs of residential care provided at such institutions. The uniform cost record-keeping system established under s. 46.18 (8) to (10) shall provide for such segregation of costs. 51.437(4rm)(c)(c) If a center for the developmentally disabled has provided a county department of developmental disabilities services under this section with service, the department of health services shall: 51.437(4rm)(c)1.1. Regularly bill the county department of developmental disabilities services for services as specified in par. (c) 2. a. and 2m. Under this section, collections on or after January 1, 1976, from medical assistance shall be the approved amounts listed by the patient on remittance advices from the medical assistance carrier, not including adjustments due to retroactive rate approval and less any refunds to the medical assistance program. For care provided on and after January 1, 1978, the department of health services shall adjust collections from medical assistance to compensate for differences between specific rate scales for care charged to the county department of developmental disabilities services and the average daily medical assistance reimbursement rate. Payment shall be due from the county department of developmental disabilities services within 60 days of the billing date subject to provisions of the contract. If any payment has not been received within 60 days, the department of health services shall deduct all or part of the amount due from any payment due from the department of health services to the county department of developmental disabilities services. 51.437(4rm)(c)2.2. 51.437(4rm)(c)2.a.a. Bill the county department of developmental disabilities services for services provided on or after January 1, 1982, to persons ineligible for medical assistance benefits and who lack other means of full payment, using the procedure established under subd. 1. 51.437(4rm)(c)2.b.b. Bill the county department of developmental disabilities services for services provided on or after December 31, 1997, at $48 per day, if an independent professional review established under 42 USC 1396a (a) (31) designates the person served as appropriate for community care, including persons who have been admitted for more than 180 consecutive days and for whom the cost of care in the community would be equal to or less than the daily rate for services under s. 46.275. The department of health services shall use money it receives from the county department of developmental disabilities services to offset the state's share of medical assistance. Payment is due from the county department of developmental disabilities services within 60 days of the billing date, subject to provisions of the contract. If the department of health services does not receive any payment within 60 days, it shall deduct all or part of the amount due from any payment the department of health services is required to make to the county department of developmental disabilities services. The department of health services shall first use collections received under s. 46.10 as a result of care at a center for the developmentally disabled to reduce the costs paid by medical assistance, and shall remit the remainder to the county department of developmental disabilities services up to the portion billed. The department of health services shall use the appropriation under s. 20.435 (2) (gk) to remit collection credits and other appropriate refunds to county departments of developmental disabilities services. 51.437(4rm)(c)2.c.c. Regularly provide the county department of developmental disabilities services with a list of persons who are eligible for medical assistance benefits and who are receiving care in a center for the developmentally disabled. 51.437(4rm)(c)2m.2m. Bill the county department of developmental disabilities services for services that are not provided by the federal government and that are provided under s. 51.06 (1m) (d) to individuals who are eligible for medical assistance, plus any applicable surcharge under s. 51.06 (5), using the procedure established under subd. 1. 51.437(4rm)(c)3.3. Establish by rule a process for appealing determinations of the independent professional review that result in billings under subd. 2. b. 51.437(4rm)(d)(d) Notwithstanding pars. (a) to (c), for individuals receiving the family care benefit under s. 46.286, the care management organization that manages the family care benefit for the recipient shall pay the portion of the payment that is for services that are covered under the family care benefit; the department shall pay the remainder of the payment. 51.437 - ANNOT.Cross Reference: See also ch. DHS 86, Wis. adm. code.51.437(7)(7)County developmental disabilities services board.51.437(7)(a)(a) Appointments.51.437(7)(a)1.1. Except as provided under subd. 2., the county board of supervisors in a county with a single-county department of developmental disabilities services or the county boards of supervisors in counties with a multicounty department of developmental disabilities services shall, before qualification under this section, appoint a county developmental disabilities services board. A county developmental disabilities services board appointed under this subdivision shall govern the single-county or multicounty department of developmental disabilities services. A member of a county developmental disabilities services board appointed under this subdivision may be removed from office for cause by a two-thirds vote of the appointing authority, on due notice in writing and hearing of the charges against the member. 51.437(7)(a)2.2. In any county with a county executive or county administrator and which has established a single-county department of developmental disabilities services, the county executive or county administrator shall appoint, subject to confirmation by the county board of supervisors, the county developmental disabilities services board, which shall be only a policy-making body determining the broad outlines and principles governing the administration of programs under this section. A member of the county developmental disabilities services board appointed under this subdivision may be removed by the county executive or county administrator for cause. 51.437(7)(am)(am) Composition.51.437(7)(am)1.1. In a single-county department of developmental disabilities services, the county developmental disabilities services board shall be composed of not less than 9 nor more than 15 persons of recognized ability and demonstrated interest in the problems of the developmentally disabled but not more than 3 members shall be appointed from the county board of supervisors. 51.437(7)(am)2.2. In a multicounty department of developmental disabilities services, the county developmental disabilities services board shall be composed of 11 members and with 2 additional members for each county in a multicounty department of developmental disabilities services in excess of 2. Appointments shall be made by the county boards of supervisors of the counties in a multicounty department of developmental disabilities services in a manner acceptable to the counties in the multicounty department of developmental disabilities services, but each of the counties in the multicounty department of developmental disabilities services may appoint only 2 members from its county board of supervisors. 51.437(7)(am)3.3. At least one-third of the members of every county developmental disabilities services board serving at any one time shall be appointed from the developmentally disabled citizens or their parents residing in a county with a single-county department of developmental disabilities services or in any of the counties with a multicounty department of developmental disabilities services. 51.437(7)(b)(b) Terms.Appointments to the county developmental disabilities services board shall be for staggered 3-year terms. Vacancies shall be filled for the residue of the unexpired term in the manner that original appointments are made. 51.437(9)(9)Powers and duties of county developmental disabilities services board in certain counties.A county developmental disabilities services board appointed under sub. (7) (a) 1. shall do all of the following: 51.437(9)(a)(a) Appoint a county developmental disabilities services director, subject to the approval of each county board of supervisors which participated in the appointment of the county developmental disabilities services board, establish salaries and personnel policies for the county department of developmental disabilities services subject to the approval of each such county board of supervisors and arrange and promote local financial support for the program. Each county board of supervisors in a county with a single-county department of developmental disabilities services or the county boards of supervisors in counties with a multicounty department of developmental disabilities services may delegate such appointing authority to the county developmental disabilities services board. 51.437(9)(am)(am) Prepare a local plan which includes an inventory of all existing resources, identifies needed new resources and services and contains a plan for meeting the needs of developmentally disabled individuals based upon the services designated under sub. (1). The plan shall also include the establishment of long-range goals and intermediate-range plans, detailing priorities and estimated costs and providing for coordination of local services and continuity of care. 51.437(9)(b)(b) Assist in arranging cooperative working agreements with other health, educational, vocational and welfare services, public or private, and with other related agencies. 51.437(9)(d)(d) Comply with the state requirements for the program. 51.437(9)(e)(e) Appoint committees consisting of residents of the county to advise the county developmental disabilities services board as it deems necessary. 51.437(9)(f)(f) Develop county developmental disabilities services board operating procedures. 51.437(9)(g)(g) Determine, subject to the approval of the county board of supervisors in a county with a single-county department of developmental disabilities services or the county boards of supervisors in counties with a multicounty department of developmental disabilities services and with the advice of the county developmental disabilities services director appointed under par. (a), whether services are to be provided directly by the county department of developmental disabilities services or contracted for with other providers and make such contracts. The county board of supervisors in a county with a single-county department of developmental disabilities services or the county boards of supervisors in counties with a multicounty department of developmental disabilities services may elect to require the approval of any such contract by the county board of supervisors in a county with a single-county department of developmental disabilities services or the county boards of supervisors in counties with a multicounty department of developmental disabilities services. 51.437(9)(h)(h) Assume the powers and duties of the county department of developmental disabilities services under subs. (4m) and (4r). 51.437(9)(i)(i) 51.437(9)(i)1.1. Annually identify brain-injured persons in need of services within the county. 51.437(9)(i)2.2. Annually, no later than January 30, report to the department the age and location of those brain-injured persons who are receiving treatment. 51.437(9b)(9b)Powers and duties of county developmental disabilities services board in certain counties with a county executive or a county administrator.The county developmental disabilities services board appointed under sub. (7) (a) 2. shall: 51.437(9b)(a)(a) Appoint committees consisting of residents of the county to advise the board as it deems necessary. 51.437(9b)(am)(am) Prepare a local plan which includes an inventory of all existing resources and services and contains a plan for meeting the needs of developmentally disabled individuals based upon the services designated under sub. (1). 51.437(9b)(b)(b) Recommend program priorities, identify unmet service needs and prepare short-term and long-term plans and budgets for meeting such priorities and needs. 51.437(9b)(c)(c) Prepare, with the assistance of the county developmental disabilities director appointed under sub. (10m), a proposed budget for submission to the county executive or county administrator and a final budget for submission to the department of health services under s. 46.031 (1) for authorized services. 51.437(9b)(d)(d) Advise the county developmental disabilities services director appointed under sub. (10m) regarding purchasing and providing services and the selection of purchase of service vendors, and make recommendations to the county executive or county administrator regarding modifications in such purchasing, providing and selection. 51.437(9b)(e)(e) Develop county developmental disabilities services board operating procedures. 51.437(9b)(f)(f) Comply with state requirements. 51.437(9b)(g)(g) Assist in arranging cooperative working agreements with persons providing health, education, vocational or welfare services related to services provided under this section. 51.437(9b)(h)(h) Advise the county developmental disabilities services director regarding coordination of local services and continuity of care. 51.437(10)(10)County developmental disabilities services director in certain counties.The county developmental disabilities services director appointed under sub. (9) (a) shall: 51.437(10)(am)(am) Operate, maintain and improve the county department of developmental disabilities services. 51.437(10)(ar)(ar) With the county developmental disabilities services board under sub. (9), prepare: 51.437(10)(ar)1.1. Annual proposed and final budgets of all funds necessary for the program and services authorized by this section. 51.437(10)(ar)2.2. An annual report of the operation of the program. 51.437(10)(ar)3.3. Such other reports as are required by the department of health services and the county board of supervisors in a county with a single-county department of developmental disabilities services or the county boards of supervisors in counties with a multicounty department of developmental disabilities services. 51.437(10)(b)(b) Make recommendations to the county developmental disabilities services board under sub. (9) for: 51.437(10)(b)1.1. Personnel and salaries. 51.437(10)(b)2.2. Changes in the program and services. 51.437(10)(c)(c) Evaluate service delivery. 51.437(10)(d)(d) After consultation with the county developmental disabilities services board administer the duties of the county department of disabilities services under sub. (4r) (a) 2. 51.437(10)(e)(e) Comply with state requirements. 51.437(10m)(10m)County developmental disabilities services director in certain counties with a county executive or county administrator.In any county with a county executive or a county administrator in which the county board of supervisors has established a single-county department of developmental disabilities services, the county executive or county administrator shall appoint and supervise the county developmental disabilities services director. In any county with a population of 500,000 or more, the county executive or county administrator shall appoint the director of the county department of human services under s. 46.21 as the county developmental disabilities services director. The appointment is subject to confirmation by the county board of supervisors unless the county board of supervisors, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63. The county developmental disabilities services director, subject only to the supervision of the county executive or county administrator, shall: 51.437(10m)(a)(a) Supervise and administer any program established under this section. 51.437(10m)(b)(b) Determine administrative and program procedures. 51.437(10m)(c)(c) Determine, subject to the approval of the county board of supervisors and with the advice of the county developmental disabilities services board under sub. (9b) (e), whether services are to be provided directly by the county department of developmental disabilities services or contracted for with other providers and make such contracts. The county board of supervisors may elect to require the approval of any such contract by the county board of supervisors. 51.437(10m)(e)(e) Assist the county developmental disabilities services board under sub. (9b) in the preparation of the budgets required under sub. (9b) (c). 51.437(10m)(f)(f) Make recommendations to the county executive or county administrator regarding modifications to the proposed budget prepared by the county developmental disabilities services board under sub. (9b) (c). 51.437(10m)(g)(g) Evaluate service delivery. 51.437(10m)(h)(h) After consultation with the county developmental disabilities services board administer the duties of the county department of disabilities services under sub. (4r) (a) 2. 51.437(10m)(i)(i) Establish salaries and personnel policies of the program subject to approval of the county executive or county administrator and county board of supervisors. 51.437(10m)(j)(j) Perform other functions necessary to manage, operate, maintain and improve programs. 51.437(10m)(k)(k) Comply with state requirements. 51.437(10m)(L)(L) Assist in arranging cooperative working agreements with other persons providing health, education, vocational or welfare services related to services provided under this section. 51.437(10m)(m)(m) Arrange and promote local financial support for the program. 51.437(10m)(n)(n) In consultation with the county developmental disabilities services board, prepare: 51.437(10m)(n)1.1. Intermediate-range plans and budget. 51.437(10m)(n)2.2. An annual report of the operation of the program. 51.437(10m)(n)3.3. Such other reports as are required by the department of health services and the county board of supervisors. 51.437(10m)(o)(o) 51.437(10m)(o)1.1. Annually identify brain-injured persons in need of services within the county. 51.437(10m)(o)2.2. Annually, no later than January 30, 1987, and January 30 of each year thereafter, report to the department the age and location of those brain-injured persons who are receiving treatment. 51.437(14)(14)Duties of the department of health services.The department of health services shall: 51.437(14)(a)(a) Review requests and certify county departments of developmental disabilities services to assure that the county departments of developmental disabilities services are in compliance with this section. 51.437(14)(c)(c) Periodically review and evaluate the program of each county department of developmental disabilities services. 51.437(14)(d)(d) Provide consultative staff services to communities to assist in ascertaining local needs and in planning, establishing and operating programs. 51.437(14)(e)(e) Develop and implement a uniform cost reporting system according to s. 46.18 (8), (9) and (10). 51.437(14)(g)(g) Ensure that any county department of developmental disabilities services which elects to provide special education programs to children aged 3 years and under complies with requirements established by the department of public instruction. 51.437(14)(h)(h) Organize and foster education and training programs for all persons engaged in treatment of brain-injured persons and keep a central record of the age and location of those persons treated. 51.437(14)(i)(i) Ensure that the matching-funds requirement for the state developmental disabilities councils grant, as received from the federal department of health and human services, is met by reporting to the federal department of health and human services expenditures made for the provision of developmental disabilities services under the basic county allocation distributed under s. 46.40 (2). 51.437(14m)(14m)Duties of the secretary.The secretary shall: 51.437(14m)(a)(a) Maintain a listing of present or potential resources for serving the needs of the developmentally disabled, including private and public persons, associations and agencies. 51.437(14m)(b)(b) Collect factual information concerning the problems. 51.437(14m)(c)(c) Provide information, advice and assistance to communities and try to coordinate their activities on behalf of the developmentally disabled. 51.437(14m)(d)(d) Assist counties in obtaining professional services on a shared-time basis. 51.437(14m)(e)(e) Establish and maintain liaison with all state and local agencies to establish a continuum of services, consultative and informational. 51.437(14r)(14r)Duties of the board for people with developmental disabilities.51.437(14r)(a)(a) The board for people with developmental disabilities shall: 51.437(14r)(a)1.1. Designate appropriate state or local agencies for the administration of programs and fiscal resources made available to the board for people with developmental disabilities under federal legislation affecting the delivery of services to the developmentally disabled. 51.437(14r)(a)2.2. Perform the following responsibilities related to the state plan, for the delivery of services, that is required under 42 USC 6022, including the construction of facilities: 51.437(14r)(a)2.a.a. Develop, approve, and continue modification of the statewide plan. 51.437(14r)(a)2.b.b. Monitor and evaluate the implementation of the statewide plan. 51.437(14r)(a)3.3. Review and advise the department of health services on community budgets and community plans for programs affecting persons with developmental disabilities. 51.437(14r)(a)4.4. Participate in the development of, review, comment on, and monitor all state plans in the state which relate to programs affecting persons with developmental disabilities. 51.437(14r)(a)5.5. Serve as an advocate for persons with developmental disabilities. 51.437(14r)(a)6.6. Provide continuing counsel to the governor and the legislature. 51.437(14r)(a)7.7. Notify the governor regarding membership requirements of the board and if vacancies on the board remain unfilled for a significant period of time. 51.437(14r)(b)(b) The board may establish such reasonable procedures as are essential to the conduct of the affairs of the board. 51.437(14r)(c)(c) The board for people with developmental disabilities may or, if requested by the governor, shall coordinate recommendations of the board and the public to the governor regarding board membership. 51.437(15)(15)Construction.51.437(15)(a)(a) Nothing in this section shall be construed to mean that developmentally disabled persons are not eligible for services available from all sources. 51.437(15)(b)(b) Nothing in this section may be deemed to require a county department of developmental disabilities services to provide education, recreation, counseling, information or referral services to any individual with a developmental disability or to his or her family. 51.437(15)(c)(c) 51.437(15)(c)1.1. Any reference in any law to a county department of developmental disabilities services applies to the county department under s. 46.23 in its administration of the powers and duties of the county department of developmental disabilities services under s. 46.23 (3) (b), if the powers and duties of a county department of developmental disabilities services are transferred under s. 46.23 (3) (b) 1. Any reference in any law to a county department of developmental disabilities services applies to a county department under s. 46.21 (2m) in its administration of the powers and duties of the county department of developmental disabilities services under s. 46.21 (2m) (b) 1. a. 51.437(15)(c)2.2. 51.437(15)(c)2.a.a. Any reference in any law to a county developmental disabilities services director appointed under sub. (9) (a) applies to the director of a county department appointed under s. 46.23 (5) (f) in his or her administration of the powers and duties of that county developmental disabilities services director, if the powers and duties of a county department of developmental disabilities services are transferred under s. 46.23 (3) (b) 1. 51.437(15)(c)2.b.b. Any reference in any law to a county developmental disabilities services director appointed under sub. (10m) (intro.) applies to the director of a county department appointed under s. 46.23 (6m) (intro.), if the powers and duties of a county department of developmental disabilities services are transferred under s. 46.23 (3) (b) 1. Any reference in any law to a county developmental disabilities services director appointed under sub. (10m) (intro.) applies to the director of a county department appointed under s. 46.21 (1m) (a) in his or her administration of the powers and duties of that county developmental disabilities services director. 51.437(15)(c)3.3. 51.437(15)(c)3.a.a. Any reference in any law to a county developmental disabilities services board appointed under sub. (7) (a) 1. applies to the board of a county department appointed under s. 46.23 (4) (b) 1. in its administration of the powers and duties of that county developmental disabilities services board, if the powers and duties of a county department of developmental disabilities services are transferred under s. 46.23 (3) (b) 1. 51.437(15)(c)3.b.b. Except as provided in subd. 3. c., any reference in any law to a county developmental disabilities services board appointed under sub. (7) (a) 2. applies to the board of a county department appointed under s. 46.23 (4) (b) 2. in its administration of the powers and duties of that county developmental disabilities services board, if the powers and duties of a county department of developmental disabilities services are transferred under s. 46.23 (3) (b) 1. 51.437(15)(c)3.c.c. Any reference in any law to a county developmental disabilities services board appointed under sub. (7) (a) 2. is limited, with respect to the county department of human services under s. 46.21 (2m), to the powers and duties of the county developmental services board as specified in sub. (9b). 51.437(16)(16)Administrative structure.Rules promulgated by the secretary under s. 51.42 (7) (b) shall apply to services provided through county departments of developmental disabilities services under this section.51.437 - ANNOT.History: 1971 c. 307, 322; 1973 c. 90, 333; 1975 c. 39, 199, 430; 1977 c. 26 ss. 39, 75; 1977 c. 29; 1977 c. 354 s. 101; 1977 c. 418; 1977 c. 428 s. 85, 86, 115; 1979 c. 32, 117, 221, 330, 355; 1981 c. 20, 93, 329; 1983 a. 27, 365, 375, 524; 1985 a. 29 ss. 1094 to 1105m, 3200 (56) (a); 1985 a. 120, 176, 307, 332; 1987 a. 27; 1989 a. 31, 56, 107, 262; 1991 a. 39, 274, 315; 1993 a. 16, 83; 1995 a. 27 ss. 3266m, 9116 (5), 9126 (19), 9145 (1); 1995 a. 64, 77, 92, 201, 225, 352, 417; 1997 a. 27, 35, 164, 252; 1999 a. 9; 2001 a. 16, 59; 2003 a. 33; 2005 a. 25, 264, 388; 2007 a. 20 ss. 1822 to 1824b, 9121 (6) (a); 2007 a. 45, 96; 2009 a. 28, 180, 334. 51.437 - ANNOT.Cross Reference: See also chs. DHS 61 and 65, Wis. adm. code. 51.437 - ANNOT.The corporation counsel should provide legal advice and representation to 51.42 and 51.437 boards as well as to the county board. 63 Atty. Gen. 468. 51.437 - ANNOT.Liability, reimbursement, and collection for services provided under ss. 51.42 and 51.437 programs are discussed. 63 Atty. Gen. 560, 65 Atty. Gen. 49. 51.437 - ANNOT.The county board of supervisors may require its approval of contracts for purchase of services by a community services board if it so specified in its coordinated plan and budget. Otherwise it may not. 69 Atty. Gen. 128. 51.437 - ANNOT.Menominee Tribe members are eligible to participate in voluntary programs, but the state cannot accept tribe members into involuntary programs on the basis of tribal court orders alone. 70 Atty. Gen. 219. 51.437 - ANNOT.A multicounty 51.42/51.437 board may retain private legal counsel only when the corporation counsel of each county, or the district attorney of each county not having a corporation counsel, notifies the board that he or she is unable to provide specific services in a timely manner. 73 Atty. Gen. 8.
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  • 51.437

    51.437 Developmental disabilities services.

    51.437(1)

    (1) Definition. In this section, "services" means specialized services or special adaptations of generic services directed toward the prevention and alleviation of a developmental disability or toward the social, personal, physical or economic habilitation or rehabilitation of an individual with such a disability, and includes diagnosis, evaluation, treatment, personal care, day care, domiciliary care, special living arrangements, training, sheltered employment, protective and other social and socio-legal services, follow-along services and transportation services necessary to assure delivery of services to individuals with developmental disabilities.

    51.437(4)

    (4) Responsibility of county government.

    51.437(4)(a)

    (a) The county board of supervisors has the primary governmental responsibility for the well-being of those developmentally disabled citizens residing within its county and the families of the developmentally disabled insofar as the usual resultant family stresses bear on the well-being of the developmentally disabled citizen. This primary governmental responsibility is limited to the programs, services and resources that the county board of supervisors is reasonably able to provide within the limits of available state and federal funds and of county funds required to be appropriated to match state funds.

    51.437(4)(c)

    (c) County liability for care and services purchased through or provided by a county department of developmental disabilities services established under this section shall be based upon the client's county of residence except for emergency services for which liability shall be placed with the county in which the individual is found. For the purpose of establishing county liability, "emergency services" means those services provided under the authority of s. 55.05 (4), 2003 stats., or s. 55.06 (11) (a), 2003 stats., or s. 51.15, 55.13, or 55.135. Nothing in this paragraph prevents recovery of liability under s. 46.10 or any other statute creating liability upon the individual receiving a service or any other designated responsible party.

    51.437(4g)

    (4g) County department of developmental disabilities services established; integration of services.

    51.437(4g)(a)

    (a) Except as provided under par. (b) and ss. 46.21 (2m) (b) and 46.23 (3) (b), every county board of supervisors shall establish a county department of developmental disabilities services on a single-county or multicounty basis to furnish services within its county. Adjacent counties, lacking the financial resources and professional personnel needed to provide or secure such services on a single-county basis, may and shall be encouraged to combine their energies and financial resources to provide these joint services and facilities with the approval of the department of health services. The county department of developmental disabilities services shall consist of a county developmental disabilities services board, a county developmental disabilities services director and necessary personnel.

    51.437(4g)(b)

    (b) A county board of supervisors may transfer the powers and duties of a county department of developmental disabilities services under this section to a county department under s. 51.42, which shall act under s. 51.42 (3) (ar) 3.

    51.437(4g)(c)

    (c) In a county with a population of 500,000 or more, the county board of supervisors shall integrate day care programs for mentally retarded persons and those programs for persons with other developmental disabilities into the county developmental disabilities program.

    51.437(4m)

    (4m) Duties of county department of developmental disabilities services. A county department of developmental disabilities services shall do all of the following:

    51.437(4m)(a)

    (a) Within the limits of available state and federal funds and of county funds required to be appropriated to match state funds, establish a county developmental disabilities services program. Such services shall be provided either directly or by contract.

    51.437(4m)(b)

    (b) Develop, approve and modify on a continuing basis a single-county or multicounty plan for the delivery of services, including the construction of facilities, to those citizens affected by developmental disabilities. The purpose of the plan shall be to ensure the delivery of needed services and the prevention of unnecessary duplication, fragmentation of services and waste of resources. Plans shall include, to the fullest extent possible, participation by existing and planned agencies of the state, counties, municipalities, school districts and all other public and private agencies as are required to, or may agree to, participate in the delivery of services. The plan shall, to the fullest extent possible, be coordinated with and integrated into plans developed by regional comprehensive health planning agencies.

    51.437(4m)(c)

    (c) Provide continuing counsel to public and private agencies as well as other appointed and elected bodies within the county.

    51.437(4m)(d)

    (d) Establish a program of citizen information and education concerning the problems associated with developmental disabilities.

    51.437(4m)(e)

    (e) Establish a fixed point of information and referral within the community for developmentally disabled individuals and their families. The fixed point of information and referral shall consist of a specific agency designated to provide information on the availability of services and the process by which the services may be obtained.

    51.437(4m)(f)

    (f) Enter into contracts to provide or secure services from other agencies or resources including out-of-state agencies or resources. Notwithstanding ss. 59.42 (1) and (2) (b) and 978.05, any multicounty department of developmental disabilities services may contract for professional legal services that are necessary to carry out the duties of the multicounty department of developmental disabilities services if the corporation counsel of each county of the multicounty department of developmental disabilities services has notified the multicounty department of developmental disabilities services that he or she is unable to provide those services in a timely manner.

    51.437(4m)(g)

    (g) Acknowledge receipt of the notification received under s. 115.812 (2).

    51.437(4m)(h)

    (h) Submit final budgets under s. 46.031 (1) for funding under s. 51.423.

    51.437(4m)(i)

    (i) Annually report to the department of health services regarding the use of any contract entered into under s. 51.87.

    51.437(4m)(j)

    (j) By September 30, submit for inclusion as part of the proposed county budget to the county executive or county administrator or, in those counties without a county executive or county administrator, directly to the county board of supervisors in a county with a single-county department of developmental disabilities services or the county boards of supervisors in counties with a multicounty department of developmental disabilities services a proposed budget for the succeeding calendar year covering services, including active treatment community mental health center services, based on the plan required under s. 51.42 (3) (ar) 5. The final budget shall be submitted to the department of health services.

    51.437(4m)(k)

    (k) Develop the cost of all services which it purchases based on the standards and requirements of s. 46.036.

    51.437(4m)(L)

    (L) Except in an emergency, review and approve or disapprove all admissions to nursing homes of persons with a developmental disability who are residents of the county.

    51.437(4m)(m)

    (m) If the county board of supervisors establishes an initiative to provide coordinated services under s. 59.53 (7), participate in the initiative, including entering into any written interagency agreements or contracts.

    51.437(4m)(n)

    (n) If authorized under s. 46.283 (1) (a) 1., apply to the department of health services to operate a resource center under s. 46.283 and, if the department contracts with the county under s. 46.283 (2), operate the resource center.

    51.437(4m)(p)

    (p) If authorized under s. 46.284 (1) (a) 1., apply to the department of health services to operate a care management organization under s. 46.284 and, if the department contracts with the county under s. 46.284 (2), operate the care management organization and, if appropriate, place funds in a risk reserve.

    51.437(4r)

    (4r) Powers of county department of developmental disabilities services.

    51.437(4r)(a)

    (a) A county department of developmental disabilities services:

    51.437(4r)(a)1.

    1. May not furnish services and programs provided by the department of public instruction and local educational agencies.

    51.437(4r)(a)2.

    2. May allocate services among service recipients to reflect the availability of limited resources.

    51.437(4r)(a)3.

    3. May administer an initiative to provide coordinated services under s. 59.53 (7), if the county board of supervisors establishes the initiative.

    51.437(4r)(a)4.

    4. May own, lease or manage real property for the purposes of operating a treatment facility.

    51.437(4r)(b)

    (b) Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c), and 938.78 (2) (a), any subunit of a county department of developmental disabilities services or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of developmental disabilities services or tribal agency, with a resource center, a care management organization, or a long-term care district, or with any person providing services to the client under a purchase of services contract with the county department of developmental disabilities services or tribal agency or with a resource center, a care management organization, or a long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of developmental disabilities services or tribal agency to coordinate the delivery of services to the client. Any agency releasing information under this paragraph shall document that a request was received and what information was provided.

    51.437(4rm)

    (4rm) Cost of services.

    51.437(4rm)(a)

    (a) A county department of developmental disabilities services shall authorize all care of any patient in a state, local, or private facility under a contractual agreement between the county department of developmental disabilities services and the facility, unless the county department of developmental disabilities services governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of developmental disabilities services or its contract agency prior to the admission of a patient to the facility except in the case of emergency services. In cases of emergency, a facility under contract with any county department of developmental disabilities services shall charge the county department of developmental disabilities services having jurisdiction in the county where the individual receiving care is found. The county department of developmental disabilities services shall reimburse the facility, except as provided under par. (c), for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health services determines that a charge is administratively infeasible, or unless the department of health services, after individual review, determines that the charge is not attributable to the cost of basic care and services. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which are attributable to care and treatment of the client. County departments of developmental disabilities services may not reimburse any state institution or receive credit for collections for care received in a state institution by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06, admissions under s. 975.17, 1977 stats., children placed in the guardianship of the department of children and families under s. 48.427 or 48.43 or juveniles under the supervision of the department of corrections under s. 938.183 or 938.355.

    51.437(4rm)(b)

    (b) If any of the county developmental disabilities services authorized under par. (a) are provided by any of the institutions specified in s. 46.10, the costs of such services shall be segregated from the costs of residential care provided at such institutions. The uniform cost record-keeping system established under s. 46.18 (8) to (10) shall provide for such segregation of costs.

    51.437(4rm)(c)

    (c) If a center for the developmentally disabled has provided a county department of developmental disabilities services under this section with service, the department of health services shall:

    51.437(4rm)(c)1.

    1. Regularly bill the county department of developmental disabilities services for services as specified in par. (c) 2. a. and 2m. Under this section, collections on or after January 1, 1976, from medical assistance shall be the approved amounts listed by the patient on remittance advices from the medical assistance carrier, not including adjustments due to retroactive rate approval and less any refunds to the medical assistance program. For care provided on and after January 1, 1978, the department of health services shall adjust collections from medical assistance to compensate for differences between specific rate scales for care charged to the county department of developmental disabilities services and the average daily medical assistance reimbursement rate. Payment shall be due from the county department of developmental disabilities services within 60 days of the billing date subject to provisions of the contract. If any payment has not been received within 60 days, the department of health services shall deduct all or part of the amount due from any payment due from the department of health services to the county department of developmental disabilities services.

    51.437(4rm)(c)2.

    2.

    51.437(4rm)(c)2.a.

    a. Bill the county department of developmental disabilities services for services provided on or after January 1, 1982, to persons ineligible for medical assistance benefits and who lack other means of full payment, using the procedure established under subd. 1.

    51.437(4rm)(c)2.b.

    b. Bill the county department of developmental disabilities services for services provided on or after December 31, 1997, at $48 per day, if an independent professional review established under 42 USC 1396a (a) (31) designates the person served as appropriate for community care, including persons who have been admitted for more than 180 consecutive days and for whom the cost of care in the community would be equal to or less than the daily rate for services under s. 46.275. The department of health services shall use money it receives from the county department of developmental disabilities services to offset the state's share of medical assistance. Payment is due from the county department of developmental disabilities services within 60 days of the billing date, subject to provisions of the contract. If the department of health services does not receive any payment within 60 days, it shall deduct all or part of the amount due from any payment the department of health services is required to make to the county department of developmental disabilities services. The department of health services shall first use collections received under s. 46.10 as a result of care at a center for the developmentally disabled to reduce the costs paid by medical assistance, and shall remit the remainder to the county department of developmental disabilities services up to the portion billed. The department of health services shall use the appropriation under s. 20.435 (2) (gk) to remit collection credits and other appropriate refunds to county departments of developmental disabilities services.

    51.437(4rm)(c)2.c.

    c. Regularly provide the county department of developmental disabilities services with a list of persons who are eligible for medical assistance benefits and who are receiving care in a center for the developmentally disabled.

    51.437(4rm)(c)2m.

    2m. Bill the county department of developmental disabilities services for services that are not provided by the federal government and that are provided under s. 51.06 (1m) (d) to individuals who are eligible for medical assistance, plus any applicable surcharge under s. 51.06 (5), using the procedure established under subd. 1.

    51.437(4rm)(c)3.

    3. Establish by rule a process for appealing determinations of the independent professional review that result in billings under subd. 2. b.

    51.437(4rm)(d)

    (d) Notwithstanding pars. (a) to (c), for individuals receiving the family care benefit under s. 46.286, the care management organization that manages the family care benefit for the recipient shall pay the portion of the payment that is for services that are covered under the family care benefit; the department shall pay the remainder of the payment.

    51.437 - ANNOT.

    Cross Reference: See also ch. DHS 86, Wis. adm. code.

    51.437(7)

    (7) County developmental disabilities services board.

    51.437(7)(a)

    (a) Appointments.

    51.437(7)(a)1.

    1. Except as provided under subd. 2., the county board of supervisors in a county with a single-county department of developmental disabilities services or the county boards of supervisors in counties with a multicounty department of developmental disabilities services shall, before qualification under this section, appoint a county developmental disabilities services board. A county developmental disabilities services board appointed under this subdivision shall govern the single-county or multicounty department of developmental disabilities services. A member of a county developmental disabilities services board appointed under this subdivision may be removed from office for cause by a two-thirds vote of the appointing authority, on due notice in writing and hearing of the charges against the member.

    51.437(7)(a)2.

    2. In any county with a county executive or county administrator and which has established a single-county department of developmental disabilities services, the county executive or county administrator shall appoint, subject to confirmation by the county board of supervisors, the county developmental disabilities services board, which shall be only a policy-making body determining the broad outlines and principles governing the administration of programs under this section. A member of the county developmental disabilities services board appointed under this subdivision may be removed by the county executive or county administrator for cause.

    51.437(7)(am)

    (am) Composition.

    51.437(7)(am)1.

    1. In a single-county department of developmental disabilities services, the county developmental disabilities services board shall be composed of not less than 9 nor more than 15 persons of recognized ability and demonstrated interest in the problems of the developmentally disabled but not more than 3 members shall be appointed from the county board of supervisors.

    51.437(7)(am)2.

    2. In a multicounty department of developmental disabilities services, the county developmental disabilities services board shall be composed of 11 members and with 2 additional members for each county in a multicounty department of developmental disabilities services in excess of 2. Appointments shall be made by the county boards of supervisors of the counties in a multicounty department of developmental disabilities services in a manner acceptable to the counties in the multicounty department of developmental disabilities services, but each of the counties in the multicounty department of developmental disabilities services may appoint only 2 members from its county board of supervisors.

    51.437(7)(am)3.

    3. At least one-third of the members of every county developmental disabilities services board serving at any one time shall be appointed from the developmentally disabled citizens or their parents residing in a county with a single-county department of developmental disabilities services or in any of the counties with a multicounty department of developmental disabilities services.

    51.437(7)(b)

    (b) Terms. Appointments to the county developmental disabilities services board shall be for staggered 3-year terms. Vacancies shall be filled for the residue of the unexpired term in the manner that original appointments are made.

    51.437(9)

    (9) Powers and duties of county developmental disabilities services board in certain counties. A county developmental disabilities services board appointed under sub. (7) (a) 1. shall do all of the following:

    51.437(9)(a)

    (a) Appoint a county developmental disabilities services director, subject to the approval of each county board of supervisors which participated in the appointment of the county developmental disabilities services board, establish salaries and personnel policies for the county department of developmental disabilities services subject to the approval of each such county board of supervisors and arrange and promote local financial support for the program. Each county board of supervisors in a county with a single-county department of developmental disabilities services or the county boards of supervisors in counties with a multicounty department of developmental disabilities services may delegate such appointing authority to the county developmental disabilities services board.

    51.437(9)(am)

    (am) Prepare a local plan which includes an inventory of all existing resources, identifies needed new resources and services and contains a plan for meeting the needs of developmentally disabled individuals based upon the services designated under sub. (1). The plan shall also include the establishment of long-range goals and intermediate-range plans, detailing priorities and estimated costs and providing for coordination of local services and continuity of care.

    51.437(9)(b)

    (b) Assist in arranging cooperative working agreements with other health, educational, vocational and welfare services, public or private, and with other related agencies.

    51.437(9)(d)

    (d) Comply with the state requirements for the program.

    51.437(9)(e)

    (e) Appoint committees consisting of residents of the county to advise the county developmental disabilities services board as it deems necessary.

    51.437(9)(f)

    (f) Develop county developmental disabilities services board operating procedures.

    51.437(9)(g)

    (g) Determine, subject to the approval of the county board of supervisors in a county with a single-county department of developmental disabilities services or the county boards of supervisors in counties with a multicounty department of developmental disabilities services and with the advice of the county developmental disabilities services director appointed under par. (a), whether services are to be provided directly by the county department of developmental disabilities services or contracted for with other providers and make such contracts. The county board of supervisors in a county with a single-county department of developmental disabilities services or the county boards of supervisors in counties with a multicounty department of developmental disabilities services may elect to require the approval of any such contract by the county board of supervisors in a county with a single-county department of developmental disabilities services or the county boards of supervisors in counties with a multicounty department of developmental disabilities services.

    51.437(9)(h)

    (h) Assume the powers and duties of the county department of developmental disabilities services under subs. (4m) and (4r).

    51.437(9)(i)

    (i)

    51.437(9)(i)1.

    1. Annually identify brain-injured persons in need of services within the county.

    51.437(9)(i)2.

    2. Annually, no later than January 30, report to the department the age and location of those brain-injured persons who are receiving treatment.

    51.437(9b)

    (9b) Powers and duties of county developmental disabilities services board in certain counties with a county executive or a county administrator. The county developmental disabilities services board appointed under sub. (7) (a) 2. shall:

    51.437(9b)(a)

    (a) Appoint committees consisting of residents of the county to advise the board as it deems necessary.

    51.437(9b)(am)

    (am) Prepare a local plan which includes an inventory of all existing resources and services and contains a plan for meeting the needs of developmentally disabled individuals based upon the services designated under sub. (1).

    51.437(9b)(b)

    (b) Recommend program priorities, identify unmet service needs and prepare short-term and long-term plans and budgets for meeting such priorities and needs.

    51.437(9b)(c)

    (c) Prepare, with the assistance of the county developmental disabilities director appointed under sub. (10m), a proposed budget for submission to the county executive or county administrator and a final budget for submission to the department of health services under s. 46.031 (1) for authorized services.

    51.437(9b)(d)

    (d) Advise the county developmental disabilities services director appointed under sub. (10m) regarding purchasing and providing services and the selection of purchase of service vendors, and make recommendations to the county executive or county administrator regarding modifications in such purchasing, providing and selection.

    51.437(9b)(e)

    (e) Develop county developmental disabilities services board operating procedures.

    51.437(9b)(f)

    (f) Comply with state requirements.

    51.437(9b)(g)

    (g) Assist in arranging cooperative working agreements with persons providing health, education, vocational or welfare services related to services provided under this section.

    51.437(9b)(h)

    (h) Advise the county developmental disabilities services director regarding coordination of local services and continuity of care.

    51.437(10)

    (10) County developmental disabilities services director in certain counties. The county developmental disabilities services director appointed under sub. (9) (a) shall:

    51.437(10)(am)

    (am) Operate, maintain and improve the county department of developmental disabilities services.

    51.437(10)(ar)

    (ar) With the county developmental disabilities services board under sub. (9), prepare:

    51.437(10)(ar)1.

    1. Annual proposed and final budgets of all funds necessary for the program and services authorized by this section.

    51.437(10)(ar)2.

    2. An annual report of the operation of the program.

    51.437(10)(ar)3.

    3. Such other reports as are required by the department of health services and the county board of supervisors in a county with a single-county department of developmental disabilities services or the county boards of supervisors in counties with a multicounty department of developmental disabilities services.

    51.437(10)(b)

    (b) Make recommendations to the county developmental disabilities services board under sub. (9) for:

    51.437(10)(b)1.

    1. Personnel and salaries.

    51.437(10)(b)2.

    2. Changes in the program and services.

    51.437(10)(c)

    (c) Evaluate service delivery.

    51.437(10)(d)

    (d) After consultation with the county developmental disabilities services board administer the duties of the county department of disabilities services under sub. (4r) (a) 2.

    51.437(10)(e)

    (e) Comply with state requirements.

    51.437(10m)

    (10m) County developmental disabilities services director in certain counties with a county executive or county administrator. In any county with a county executive or a county administrator in which the county board of supervisors has established a single-county department of developmental disabilities services, the county executive or county administrator shall appoint and supervise the county developmental disabilities services director. In any county with a population of 500,000 or more, the county executive or county administrator shall appoint the director of the county department of human services under s. 46.21 as the county developmental disabilities services director. The appointment is subject to confirmation by the county board of supervisors unless the county board of supervisors, by ordinance, elects to waive confirmation or unless the appointment is made under a civil service system competitive examination procedure established under s. 59.52 (8) or ch. 63. The county developmental disabilities services director, subject only to the supervision of the county executive or county administrator, shall:

    51.437(10m)(a)

    (a) Supervise and administer any program established under this section.

    51.437(10m)(b)

    (b) Determine administrative and program procedures.

    51.437(10m)(c)

    (c) Determine, subject to the approval of the county board of supervisors and with the advice of the county developmental disabilities services board under sub. (9b) (e), whether services are to be provided directly by the county department of developmental disabilities services or contracted for with other providers and make such contracts. The county board of supervisors may elect to require the approval of any such contract by the county board of supervisors.

    51.437(10m)(e)

    (e) Assist the county developmental disabilities services board under sub. (9b) in the preparation of the budgets required under sub. (9b) (c).

    51.437(10m)(f)

    (f) Make recommendations to the county executive or county administrator regarding modifications to the proposed budget prepared by the county developmental disabilities services board under sub. (9b) (c).

    51.437(10m)(g)

    (g) Evaluate service delivery.

    51.437(10m)(h)

    (h) After consultation with the county developmental disabilities services board administer the duties of the county department of disabilities services under sub. (4r) (a) 2.

    51.437(10m)(i)

    (i) Establish salaries and personnel policies of the program subject to approval of the county executive or county administrator and county board of supervisors.

    51.437(10m)(j)

    (j) Perform other functions necessary to manage, operate, maintain and improve programs.

    51.437(10m)(k)

    (k) Comply with state requirements.

    51.437(10m)(L)

    (L) Assist in arranging cooperative working agreements with other persons providing health, education, vocational or welfare services related to services provided under this section.

    51.437(10m)(m)

    (m) Arrange and promote local financial support for the program.

    51.437(10m)(n)

    (n) In consultation with the county developmental disabilities services board, prepare:

    51.437(10m)(n)1.

    1. Intermediate-range plans and budget.

    51.437(10m)(n)2.

    2. An annual report of the operation of the program.

    51.437(10m)(n)3.

    3. Such other reports as are required by the department of health services and the county board of supervisors.

    51.437(10m)(o)

    (o)

    51.437(10m)(o)1.

    1. Annually identify brain-injured persons in need of services within the county.

    51.437(10m)(o)2.

    2. Annually, no later than January 30, 1987, and January 30 of each year thereafter, report to the department the age and location of those brain-injured persons who are receiving treatment.

    51.437(14)

    (14) Duties of the department of health services. The department of health services shall:

    51.437(14)(a)

    (a) Review requests and certify county departments of developmental disabilities services to assure that the county departments of developmental disabilities services are in compliance with this section.

    51.437(14)(c)

    (c) Periodically review and evaluate the program of each county department of developmental disabilities services.

    51.437(14)(d)

    (d) Provide consultative staff services to communities to assist in ascertaining local needs and in planning, establishing and operating programs.

    51.437(14)(e)

    (e) Develop and implement a uniform cost reporting system according to s. 46.18 (8), (9) and (10).

    51.437(14)(g)

    (g) Ensure that any county department of developmental disabilities services which elects to provide special education programs to children aged 3 years and under complies with requirements established by the department of public instruction.

    51.437(14)(h)

    (h) Organize and foster education and training programs for all persons engaged in treatment of brain-injured persons and keep a central record of the age and location of those persons treated.

    51.437(14)(i)

    (i) Ensure that the matching-funds requirement for the state developmental disabilities councils grant, as received from the federal department of health and human services, is met by reporting to the federal department of health and human services expenditures made for the provision of developmental disabilities services under the basic county allocation distributed under s. 46.40 (2).

    51.437(14m)

    (14m) Duties of the secretary. The secretary shall:

    51.437(14m)(a)

    (a) Maintain a listing of present or potential resources for serving the needs of the developmentally disabled, including private and public persons, associations and agencies.

    51.437(14m)(b)

    (b) Collect factual information concerning the problems.

    51.437(14m)(c)

    (c) Provide information, advice and assistance to communities and try to coordinate their activities on behalf of the developmentally disabled.

    51.437(14m)(d)

    (d) Assist counties in obtaining professional services on a shared-time basis.

    51.437(14m)(e)

    (e) Establish and maintain liaison with all state and local agencies to establish a continuum of services, consultative and informational.

    51.437(14r)

    (14r) Duties of the board for people with developmental disabilities.

    51.437(14r)(a)

    (a) The board for people with developmental disabilities shall:

    51.437(14r)(a)1.

    1. Designate appropriate state or local agencies for the administration of programs and fiscal resources made available to the board for people with developmental disabilities under federal legislation affecting the delivery of services to the developmentally disabled.

    51.437(14r)(a)2.

    2. Perform the following responsibilities related to the state plan, for the delivery of services, that is required under 42 USC 6022, including the construction of facilities:

    51.437(14r)(a)2.a.

    a. Develop, approve, and continue modification of the statewide plan.

    51.437(14r)(a)2.b.

    b. Monitor and evaluate the implementation of the statewide plan.

    51.437(14r)(a)3.

    3. Review and advise the department of health services on community budgets and community plans for programs affecting persons with developmental disabilities.

    51.437(14r)(a)4.

    4. Participate in the development of, review, comment on, and monitor all state plans in the state which relate to programs affecting persons with developmental disabilities.

    51.437(14r)(a)5.

    5. Serve as an advocate for persons with developmental disabilities.

    51.437(14r)(a)6.

    6. Provide continuing counsel to the governor and the legislature.

    51.437(14r)(a)7.

    7. Notify the governor regarding membership requirements of the board and if vacancies on the board remain unfilled for a significant period of time.

    51.437(14r)(b)

    (b) The board may establish such reasonable procedures as are essential to the conduct of the affairs of the board.

    51.437(14r)(c)

    (c) The board for people with developmental disabilities may or, if requested by the governor, shall coordinate recommendations of the board and the public to the governor regarding board membership.

    51.437(15)

    (15) Construction.

    51.437(15)(a)

    (a) Nothing in this section shall be construed to mean that developmentally disabled persons are not eligible for services available from all sources.

    51.437(15)(b)

    (b) Nothing in this section may be deemed to require a county department of developmental disabilities services to provide education, recreation, counseling, information or referral services to any individual with a developmental disability or to his or her family.

    51.437(15)(c)

    (c)

    51.437(15)(c)1.

    1. Any reference in any law to a county department of developmental disabilities services applies to the county department under s. 46.23 in its administration of the powers and duties of the county department of developmental disabilities services under s. 46.23 (3) (b), if the powers and duties of a county department of developmental disabilities services are transferred under s. 46.23 (3) (b) 1. Any reference in any law to a county department of developmental disabilities services applies to a county department under s. 46.21 (2m) in its administration of the powers and duties of the county department of developmental disabilities services under s. 46.21 (2m) (b) 1. a.

    51.437(15)(c)2.

    2.

    51.437(15)(c)2.a.

    a. Any reference in any law to a county developmental disabilities services director appointed under sub. (9) (a) applies to the director of a county department appointed under s. 46.23 (5) (f) in his or her administration of the powers and duties of that county developmental disabilities services director, if the powers and duties of a county department of developmental disabilities services are transferred under s. 46.23 (3) (b) 1.

    51.437(15)(c)2.b.

    b. Any reference in any law to a county developmental disabilities services director appointed under sub. (10m) (intro.) applies to the director of a county department appointed under s. 46.23 (6m) (intro.), if the powers and duties of a county department of developmental disabilities services are transferred under s. 46.23 (3) (b) 1. Any reference in any law to a county developmental disabilities services director appointed under sub. (10m) (intro.) applies to the director of a county department appointed under s. 46.21 (1m) (a) in his or her administration of the powers and duties of that county developmental disabilities services director.

    51.437(15)(c)3.

    3.

    51.437(15)(c)3.a.

    a. Any reference in any law to a county developmental disabilities services board appointed under sub. (7) (a) 1. applies to the board of a county department appointed under s. 46.23 (4) (b) 1. in its administration of the powers and duties of that county developmental disabilities services board, if the powers and duties of a county department of developmental disabilities services are transferred under s. 46.23 (3) (b) 1.

    51.437(15)(c)3.b.

    b. Except as provided in subd. 3. c., any reference in any law to a county developmental disabilities services board appointed under sub. (7) (a) 2. applies to the board of a county department appointed under s. 46.23 (4) (b) 2. in its administration of the powers and duties of that county developmental disabilities services board, if the powers and duties of a county department of developmental disabilities services are transferred under s. 46.23 (3) (b) 1.

    51.437(15)(c)3.c.

    c. Any reference in any law to a county developmental disabilities services board appointed under sub. (7) (a) 2. is limited, with respect to the county department of human services under s. 46.21 (2m), to the powers and duties of the county developmental services board as specified in sub. (9b).

    51.437(16)

    (16) Administrative structure. Rules promulgated by the secretary under s. 51.42 (7) (b) shall apply to services provided through county departments of developmental disabilities services under this section.

    51.437 - ANNOT.

    History: 1971 c. 307, 322; 1973 c. 90, 333; 1975 c. 39, 199, 430; 1977 c. 26 ss. 39, 75; 1977 c. 29; 1977 c. 354 s. 101; 1977 c. 418; 1977 c. 428 s. 85, 86, 115; 1979 c. 32, 117, 221, 330, 355; 1981 c. 20, 93, 329; 1983 a. 27, 365, 375, 524; 1985 a. 29 ss. 1094 to 1105m, 3200 (56) (a); 1985 a. 120, 176, 307, 332; 1987 a. 27; 1989 a. 31, 56, 107, 262; 1991 a. 39, 274, 315; 1993 a. 16, 83; 1995 a. 27 ss. 3266m, 9116 (5), 9126 (19), 9145 (1); 1995 a. 64, 77, 92, 201, 225, 352, 417; 1997 a. 27, 35, 164, 252; 1999 a. 9; 2001 a. 16, 59; 2003 a. 33; 2005 a. 25, 264, 388; 2007 a. 20 ss. 1822 to 1824b, 9121 (6) (a); 2007 a. 45, 96; 2009 a. 28, 180, 334.

    51.437 - ANNOT.

    Cross Reference: See also chs. DHS 61 and 65, Wis. adm. code.

    51.437 - ANNOT.

    The corporation counsel should provide legal advice and representation to 51.42 and 51.437 boards as well as to the county board. 63 Atty. Gen. 468.

    51.437 - ANNOT.

    Liability, reimbursement, and collection for services provided under ss. 51.42 and 51.437 programs are discussed. 63 Atty. Gen. 560, 65 Atty. Gen. 49.

    51.437 - ANNOT.

    The county board of supervisors may require its approval of contracts for purchase of services by a community services board if it so specified in its coordinated plan and budget. Otherwise it may not. 69 Atty. Gen. 128.

    51.437 - ANNOT.

    Menominee Tribe members are eligible to participate in voluntary programs, but the state cannot accept tribe members into involuntary programs on the basis of tribal court orders alone. 70 Atty. Gen. 219.

    51.437 - ANNOT.

    A multicounty 51.42/51.437 board may retain private legal counsel only when the corporation counsel of each county, or the district attorney of each county not having a corporation counsel, notifies the board that he or she is unable to provide specific services in a timely manner. 73 Atty. Gen. 8.

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