9,5Section 5. 51.044 of the statutes is created to read: 51.044 Psychiatric residential treatment facilities. (1) Definition. In this section, “psychiatric residential treatment facility” has the meaning given in 42 CFR 483.352.
(2) Certification and requirements. (a) The department may establish a certification process for and certify psychiatric residential treatment facilities to provide inpatient psychiatric services for individuals under the age of 21, under the direction of a physician, with services provided by a psychiatric facility that meets the requirements of 42 CFR 441.151 (a) (2) (ii). No person may operate a psychiatric residential treatment facility without a certification from the department. The department may make announced and unannounced inspections and complaint investigations of psychiatric residential treatment facilities as it deems necessary, at reasonable times and in a reasonable manner. The department may limit the number of certifications it grants to operate psychiatric residential treatment facilities. The department shall, using the department’s division of the state into regions by county, include statewide geographic consideration in its evaluation of applications for certification under this section to ensure geographic diversity among the regions in the location of psychiatric residential treatment facilities certified under this section.
(b) A psychiatric residential treatment facility that has a certification from the department under this section is not subject to facility regulation under ch. 48.
(c) In order to admit an individual for services at a psychiatric residential treatment facility, a treatment team shall, as required under 42 CFR 441.152, certify that all of the following are true:
1. Ambulatory care resources available in the community do not meet the treatment needs of the individual. For purposes of this subdivision, “ambulatory care resources” means any service except hospital inpatient care or inpatient care in an institution for mental diseases, as defined in s. 49.43 (6m).
2. Proper treatment of the individual’s psychiatric condition requires services on an inpatient basis under the direction of a physician.
3. The services at a psychiatric residential treatment facility can reasonably be expected to improve the individual’s condition or prevent further regression so that the services will no longer be needed.
(d) The treatment team certifying the need for services under par. (c) shall meet the requirements of 42 CFR 441.153.
(e) A psychiatric residential treatment facility shall comply with all federal requirements for active treatment and individual plans of care under 42 CFR 441.154 to 441.156, as well as emergency preparedness requirements under 42 CFR 441.184.
(f) A psychiatric residential treatment facility shall comply with all of the following federal conditions of participation:
1. Protection of residents as set forth under 42 CFR 483.356.
2. Orders for the use of restraint or seclusion as set forth under 42 CFR 483.358.
3. All other requirements set forth under 42 CFR 483.350 to 483.376.
(g) Admission to a psychiatric residential treatment facility is subject to the procedures of this chapter.
(3) Video monitoring. (a) Notwithstanding s. 51.61 (1) (o), a psychiatric residential treatment facility may use video surveillance and recordings in common areas, entrances, and exits without the consent of the patient being surveilled or recorded. The psychiatric residential treatment facility shall inform the patient and the patient's parent, guardian, legal custodian, or Indian custodian about the video surveillance and recording.
(b) Any video recording made under this subsection is confidential and not open to public inspection, except as provided by the department. The department may review any recording made under this subsection.
(c) Video surveillance and recording may not be used as a substitute for one-on-one monitoring of a patient who is at high risk for self-harm.
(d) The department shall require that a psychiatric residential treatment facility adopt a policy for monitoring safety, which may include the use of video surveillance and recording in common areas, entrances, and exits.
(4) Locked units for safety. (a) A psychiatric residential treatment facility may implement the use of locked units for safety.
(b) The department may require that a psychiatric residential treatment facility adopt a policy for the use of locked units for safety.
(5) Grants. The department may distribute grants to entities to establish a psychiatric residential treatment facility. In distributing grants under this subsection, the department shall give preference toward having at least one psychiatric residential treatment facility in the northern or north-central region of the state and at least one in the southern region of the state.
(6) Insurance. This section may not be construed to limit a psychiatric residential treatment facility from seeking reimbursement for its services from a health benefit plan, as defined in s. 632.745 (11), or self-insured health plan, as defined in s. 632.85 (1) (c).
(7) Additional requirements. The department may establish any of the following:
(a) Minimum security requirements for psychiatric residential treatment facilities certified under this section.
(b) A target range for the number of beds in a psychiatric residential treatment facility certified under this section.
(c) Policies for coordination between psychiatric residential treatment facilities certified under this section and any facility established or operated with funding received under s. 165.12 from settlement proceeds from the opiate litigation, as defined in s. 165.12 (1), as well as policies to encourage awareness of and communication and coordination with other facilities that provide services similar to those provided by psychiatric residential treatment facilities.
(d) Appropriate staffing level requirements, including policies to ensure the availability of adequate in-person and on-site care.
(e) Requirements to define the population to be served at a given psychiatric residential treatment facility, including establishment of any minimum age requirements.
(f) Standards for psychiatric residential treatment facility operations as the department determines are necessary to provide safe and adequate care and treatment of patients and to protect the health and safety of patients and employees of a psychiatric residential treatment facility.
9,6Section 6. Nonstatutory provisions. (2) Position authorizations for the department of health services. The authorized FTE positions for the department of health services are increased by 4.0 GPR positions, to be funded from the appropriation under s. 20.435 (5) (bt), for the purpose of implementing the certification process and requirements for psychiatric residential treatment facilities under s. 51.044.
9,7Section 7. Effective date. (1) This act takes effect on the day after publication, or on the 2nd day after publication of the 2025 biennial budget act, whichever is later.
