LRB-1327/1
TJD&EAW:kjf
2019 - 2020 LEGISLATURE
February 8, 2019 - Introduced by Representatives Jagler, Born, Ballweg, Brooks,
Dittrich, Anderson, Edming, Gundrum, Hintz, Kitchens, Kolste, Kulp,
Kuglitsch, Krug, Loudenbeck, Murphy, Mursau, Neubauer, Petersen,
Petryk, Quinn, Ramthun, Schraa, Sinicki, Skowronski, Spiros, Spreitzer,
Steffen, Subeck, Thiesfeldt, Tittl, Tranel, VanderMeer, Vorpagel and
Wittke, cosponsored by Senators Fitzgerald, Cowles, Darling, Feyen,
Jacque, Johnson, Kooyenga, Marklein, Olsen, Petrowski, Risser,
Schachtner, Shilling, Smith, Tiffany, Wanggaard and Ringhand. Referred
to Committee on State Affairs.
AB20,1,2
1An Act relating to: terminology changes for those with an intellectual disability
2in administrative rules.
Analysis by the Legislative Reference Bureau
This bill substitutes the phrase “intellectual disability" and similar phrases for
“mental retardation," “mentally retarded," and similar phrases in rules promulgated
by the Department of Health Services, the Department of Children and Families, the
Public Service Commission, the Department of Safety and Professional Services, and
the Department of Workforce Development. The bill also changes the definition of
“intellectual disability" in rules promulgated by DHS.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB20,1
3Section 1
. DCF 52.59 (9) (a) 2. of the administrative code is amended to read:
AB20,2,34
DCF 52.59
(9) (a) 2. Staff shall have respite care training designed around the
5specific needs of individuals for which care is provided, such as autism, epilepsy,
6cerebral palsy and
mental retardation intellectual disabilities. As part of this
7training, staff who have not already had some experience working with the type of
1individual to be cared for shall have at least 8 hours of supervised experience by
2someone who is knowledgeable in working with the type of individual or more than
38 hours if necessary to ensure the provision of competent care.
AB20,2
4Section
2. DHS 10.13 (3) of the administrative code is amended to read:
AB20,2,105
DHS 10.13
(3) “Adult protective services" means protective services for
6mentally retarded individuals with intellectual disabilities and other
7developmentally disabled persons, for aged infirm persons, for chronically mentally
8ill persons and for persons developmental disabilities, for individuals with
9infirmities of aging, for individuals with chronic mental illness, and for individuals 10with other like incapacities incurred at any age as defined in s. 55.02, Stats.
AB20,3
11Section
3. DHS 10.13 (16) of the administrative code is amended to read:
AB20,2,1912
DHS 10.13
(16) “Developmental disability" means a disability attributable to
13brain injury, cerebral palsy, epilepsy, autism, Prader-Willi syndrome,
mental
14retardation intellectual disability, or another neurological condition closely related
15to
mental retardation intellectual disability or requiring treatment similar to that
16required for
mental retardation intellectual disability, that has continued or can be
17expected to continue indefinitely and constitutes a substantial handicap to the
18afflicted individual. “Developmental disability" does not include senility that is
19primarily caused by the process of aging or the infirmities of aging.
AB20,4
20Section
4. Chapter DHS 15 (title) of the administrative code is amended to
21read:
AB20,3,3
22CHAPTER DHS 15
23
ASSESSMENT FOR OCCUPIED BEDS
24
IN NURSING HOMES AND
25
INTERMEDIATE CARE FACILITIES
1FOR THE MENTALLY RETARDED
2
INDIVIDUALS WITH INTELLECTUAL
3
DISABILITIES
AB20,5
4Section
5. DHS 15.01 of the administrative code is amended to read:
AB20,3,10
5DHS 15.01 Authority and purpose. This chapter is promulgated under the
6authority of s. 50.14 (5) (b), Stats., to establish procedures and other requirements
7necessary for levying and collecting the monthly assessment imposed under s. 50.14
8(2), Stats., on all licensed beds in intermediate care facilities for
the mentally
9retarded (ICF-MR) individuals with intellectual disabilities (ICF-IID) and nursing
10homes, except facilities that are located outside the state.
AB20,6
11Section
6. DHS 15.02 (4), (5) and (7) of the administrative code are amended
12to read:
AB20,3,1313
DHS 15.02
(4) “Facility" means an
ICF-MR ICF-IID or nursing home.
AB20,3,16
14(5) “
ICF-MR ICF-IID" or “intermediate care facility for
the mentally retarded 15individuals with intellectual disabilities" means a facility or distinct part of a facility
16defined under
42 USC 1396d (d) and regulated under ch. DHS 134.
AB20,3,18
17(7) “Nursing home" has the meaning prescribed under s. 50.01 (3), Stats.,
18except that it does not include an
ICF-MR ICF-IID.
AB20,7
19Section
7. DHS 15.04 (2) (c) of the administrative code is amended to read:
AB20,3,2320
DHS 15.04
(2) (c) In a facility having some beds that are licensed as
ICF-MR 21ICF-IID beds and some beds that are licensed as nursing home beds, separate
22calculations shall be performed for the
ICF-MR
ICF-IID beds and for the nursing
23home beds.
AB20,8
24Section
8. DHS 61.022 (5) of the administrative code is amended to read:
AB20,4,8
1DHS 61.022
(5) “Developmental disability" means a disability attributable to
2mental retardation intellectual disability, cerebral palsy, epilepsy, autism or another
3neurologic condition closely related to
mental retardation intellectual disability or
4requiring treatment similar to that required for
mental retardation intellectual
5disability, which has continued or can be expected to continue indefinitely and
6constitutes a substantial handicap to the afflicted individual. Developmental
7disability does not include senility, which is primarily caused by the process of aging
8or the infirmities of aging.
AB20,9
9Section
9. DHS 61.022 (9) of the administrative code is renumbered DHS
1061.022 (7m) and amended to read:
AB20,4,1311
DHS 61.022
(7m) “
Mental retardation Intellectual disability" means
12subaverage general intellectual functioning
which
that originates during the
13developmental period and is associated with impairment in adaptive behavior.
AB20,10
14Section
10. DHS 61.022 (10) of the administrative code is amended to read:
AB20,4,1615
DHS 61.022
(10) “Neurologic conditions" means disease states which require
16treatment similar to that required for
mental retardation intellectual disabilities.
AB20,11
17Section
11. DHS 61.43 (1) of the administrative code is amended to read:
AB20,4,2018
DHS 61.43
(1) Personnel. There shall be an administrator and staff as
19required under ch. DHS 134, and federal standards regulating intermediate care
20facilities for
the mentally retarded individuals with intellectual disabilities.
AB20,12
21Section
12. DHS 61.43 (2) (a) of the administrative code is amended to read:
AB20,4,2422
DHS 61.43
(2) (a) Program requirements shall comply with appropriate
23sections of ch. DHS 134, and federal standards regulating intermediate care
24facilities for
the mentally retarded individuals with intellectual disabilities.
AB20,13
25Section
13. DHS 61.70 (1) (b) of the administrative code is amended to read:
AB20,5,3
1DHS 61.70
(1) (b) Integrate its services with those provided by other facilities
2in the county which serve the mentally ill,
mentally retarded individuals with
3intellectual disabilities, and alcoholics and drug abusers;
AB20,14
4Section
14. DHS 63.02 (7) of the administrative code is amended to read:
AB20,5,145
DHS 63.02
(7) “Chronic mental illness" means a mental illness which is severe
6in degree and persistent in duration, which causes a substantially diminished level
7of functioning in the primary aspects of daily living and an inability to cope with the
8ordinary demands of life, which may lead to an inability to maintain stable
9adjustment and independent functioning without long-term treatment and support
10and which may be of lifelong duration. “Chronic mental illness" includes
11schizophrenia as well as a wide spectrum of psychotic and other severely disabling
12psychiatric diagnostic categories, but does not include organic mental disorders or
13a primary diagnosis of
mental retardation intellectual disability or of alcohol or drug
14dependence.
AB20,15
15Section
15. DHS 63.02 (12) of the administrative code is amended to read:
AB20,5,2416
DHS 63.02
(12) “Developmental disability" has the meaning prescribed in s.
1751.01 (5) (a), Stats., namely, a disability attributable to brain injury, cerebral palsy,
18epilepsy, autism,
mental retardation an intellectual disability, or another
19neurological condition closely related to
mental retardation an intellectual disability 20or requiring treatment similar to that required for
mental retardation an intellectual
21disability, which has continued or can be expected to continue indefinitely and
22constitutes a substantial handicap to the afflicted individual. “Developmental
23disability" does not include senility which is primarily caused by the process of aging
24or the infirmities of aging.
AB20,16
25Section
16. DHS 63.02 (14) of the administrative code is amended to read:
AB20,6,8
1DHS 63.02
(14) “Mental illness" means mental disorder to such an extent that
2an afflicted person requires care and treatment for his or her own welfare or the
3welfare of others or of the community. For purposes of involuntary commitment,
4“mental illness" means a substantial disorder of thought, mood, perception,
5orientation or memory which grossly impairs judgment, behavior, capacity to
6recognize reality or ability to meet the ordinary demands of life, but does not include
7organic mental disorder or a primary diagnosis of
mental retardation intellectual
8disability, or of alcohol or drug dependence.
AB20,17
9Section
17. DHS 73.07 (1) (b) of the administrative code is amended to read:
AB20,6,1510
DHS 73.07
(1) (b) “
Mental retardation Intellectual disability" means
11significant subaverage general intellectual functioning
usually defined as an
12intelligence quotient (IQ) level of 70 or below accompanied by significant deficits or
13impairments in adaptive functioning with onset before the age of 18
that originates
14during the developmental period and is associated with impairment in adaptive
15behavior.
AB20,18
16Section
18. DHS 73.07 (2) (a) 5. of the administrative code is amended to read:
AB20,6,2017
DHS 73.07
(2) (a) 5. The participant has a diagnosis of
mental retardation 18intellectual disability and the county department has determined the severity to be
19such that it would preclude the ability to act as an employer and competently manage
20funds.
AB20,19
21Section
19. DHS 101.03 (41) (intro.) of the administrative code is amended to
22read:
AB20,6,2523
DHS 101.03
(41) (intro.) “Developmental disability" means
mental retardation 24intellectual disability or a related condition such as cerebral palsy, epilepsy, or
25autism, but excluding mental illness and infirmities of aging, which is:
AB20,20
1Section
20. DHS 101.03 (130) of the administrative code is amended to read:
AB20,7,82
DHS 101.03
(130) “Preventive or maintenance occupational therapy" means
3occupational therapy procedures which are provided to forestall deterioration of the
4patient's condition or to preserve the patient's current status. Preventive or
5maintenance occupational therapy makes use of the procedures and techniques of
6minimizing further deterioration in areas including, but not limited to, the
7treatment of arthritic conditions, multiple sclerosis, upper extremity contractures,
8chronic or recurring mental illness and
mental retardation intellectual disability.
AB20,21
9Section
21. DHS 105.09 (4) (b) of the administrative code is amended to read:
AB20,7,1110
DHS 105.09
(4) (b) A home or portion of a home certified as an
ICF/MR ICF-IID 11is exempt from this section.
AB20,22
12Section
22. DHS 105.12 of the administrative code is amended to read:
AB20,7,17
13DHS 105.12 ICFs for mentally retarded persons individuals with
14intellectual disabilities or persons individuals with related conditions. For
15MA certification, institutions for
mentally retarded persons individuals with
16intellectual disabilities or
persons individuals with related conditions shall be
17licensed pursuant to s. 50.03, Stats., and ch. DHS 134.
AB20,23
18Section
23. DHS 107.09 (4) (o) 2. of the administrative code is amended to
19read:
AB20,7,2420
DHS 107.09
(4) (o) 2. In an institution for
mentally retarded persons 21individuals with intellectual disabilities or persons with related conditions, the team
22shall also make a psychological evaluation of need for care. The psychological
23evaluation shall be made before admission or authorization of payment, but may not
24be made more than 3 months before admission.
AB20,24
25Section
24. DHS 107.09 (5) (d) of the administrative code is amended to read:
AB20,8,5
1DHS 107.09
(5) (d) ICF-level services provided to a developmentally disabled
2person admitted after September 15, 1986, to an ICF facility other than to a facility
3certified under s. DHS 105.12 as an intermediate care facility for
the mentally
4retarded individuals with intellectual disabilities unless the provisions of s. DHS
5132.51 (2) (d) 1. have been waived for that person; and
AB20,25
6Section
25. DHS 107.13 (2) (d) 2. of the administrative code is amended to
7read:
AB20,8,118
DHS 107.13
(2) (d) 2. Psychotherapy for
persons individuals with the primary
9diagnosis of developmental disabilities, including
mental retardation intellectual
10disabilities, except when they experience psychological problems that necessitate
11psychotherapeutic intervention.
AB20,26
12Section
26. DHS 122.02 (2) (a) and (b) of the administrative code are amended
13to read:
AB20,8,1814
DHS 122.02
(2) (a) The conversion of a skilled nursing facility under
42 CFR
15442 Subpt. D or an intermediate care facility under
42 CFR 442 Subpt. F to an
16intermediate care facility for
the mentally retarded individuals with intellectual
17disabilities under
42 CFR 442, Subpt. G, for purposes of medical assistance
18certification;
AB20,8,2219
(b) The conversion of an intermediate care facility for
the mentally retarded 20individuals with intellectual disabilities under
42 CFR 442 Subpt. G to a skilled
21nursing facility under
42 CFR 442 Subpt. D or an intermediate care facility under
2242 CFR 442 Subpt. F, for purposes of medical assistance certification;