SWB:emw&cjs
SENATE SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 111
June 18, 2025 - Offered by Senators Smith, Hesselbein, Spreitzer, Drake, Roys, L. Johnson, Carpenter, Dassler-Alfheim, Habush Sinykin, Keyeski, Larson, Pfaff, Ratcliff, Wall and Wirch.
SB111-SSA1,1,4
1An Act to amend 49.45 (29x) (a) and 51.15 (2) (e) (intro.); to create 20.435 (5) 2(dm), 49.45 (29x) (c) and (d) and 51.15 (2) (f) of the statutes; relating to:
3transportation of minors for emergency detention and making an
4appropriation. Analysis by the Legislative Reference Bureau
This bill specifies that if a minor is approved for emergency detention, the county that approves the detention is responsible for transportation to the emergency detention facility. This includes responsibility for placing the minor in custody and the cost of transportation. The bill provides that a county may contract with a law enforcement agency, ambulance service, or 3rd-party vendor for the transportation. A county may utilize law enforcement to provide the transportation only if that is the least restrictive and most appropriate method, or is the only reasonable available alternative. This restriction only applies, however, if the Department of Health Services receives any necessary federal approval for Medical Assistance funding. A law enforcement agency may likewise contract for the transportation.
The bill specifies that the county responsible for transportation of a minor to an emergency detention facility may submit a request for reimbursement to DHS. DHS may establish standards for allowable costs that must be reimbursed for transportation provided for a minor after the bill takes effect. For a minor who is enrolled in the Medical Assistance program, DHS may provide the reimbursement under that program if allowed by the U.S. Department of Health and Human Services.
The bill includes sum sufficient funding to provide reimbursement for the cost of transporting a minor to an emergency detention facility, including reimbursement requested for transportation provided on or after January 1, 2025.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SB111-SSA1,1
1Section 1. 20.435 (5) (dm) of the statutes is created to read: SB111-SSA1,2,6220.435 (5) (dm) Reimbursement for transportation of minors for emergency 3detention. A sum sufficient for the cost of transportation of minors for purposes of 4emergency detention under s. 51.15 (2) (f), including reimbursement requested for 5the cost of transportation of minors for purposes of emergency detention under s. 651.15 (2) (f) provided on or after January 1, 2025. SB111-SSA1,27Section 2. 49.45 (29x) (a) of the statutes is amended to read: SB111-SSA1,2,15849.45 (29x) (a) Subject Except as otherwise provided under par. (c) and 9subject to par. (b), the department shall provide reimbursement as provided under 10s. 49.46 (2) (b) 3. to counties for transport of individuals who are recipients of 11medical assistance for purposes of emergency detention under s. 51.15 (2) as 12provided under s. 51.15 (2) (e). The department shall establish criteria that any 133rd-party vendor that is not a law enforcement agency or ambulance service 14provider must meet in order for the county to obtain reimbursement for transport 15provided by that 3rd-party vendor under the Medical Assistance program. SB111-SSA1,316Section 3. 49.45 (29x) (c) and (d) of the statutes are created to read: SB111-SSA1,3,41749.45 (29x) (c) Notwithstanding pars. (a) and (b), subject to par. (d), the
1department shall provide reimbursement as provided under s. 49.46 (2) (b) 3. to 2counties for transport of minors who are recipients of medical assistance for 3purposes of emergency detention under s. 51.15 (2) as provided under s. 51.15 (2) 4(f). SB111-SSA1,3,125(d) The department shall submit to the federal department of health and 6human services any request for a state plan amendment, waiver, or other federal 7approval necessary to provide reimbursement to counties for the transport of 8minors for purposes of emergency detention under par. (c). If the federal 9department of health and human services approves the request or if no federal 10approval is necessary, the department shall provide reimbursement under par. (c). 11If the federal department of health and human services disapproves the request, 12the department may not provide reimbursement for services under par. (c). SB111-SSA1,413Section 4. 51.15 (2) (e) (intro.) of the statutes is amended to read: SB111-SSA1,3,171451.15 (2) (e) (intro.) Subject to s. 49.45 (29x) (a) and (b), a county may obtain 15reimbursement through the Medical Assistance program under subch. IV of ch. 49 16for transport of an individual for purposes of emergency detention if all of the 17following are true: SB111-SSA1,518Section 5. 51.15 (2) (f) of the statutes is created to read: SB111-SSA1,3,241951.15 (2) (f) 1. If a minor is approved for emergency detention under this 20section, the county that approves the detention is responsible for transportation of 21the minor to the emergency detention facility, including placing the minor in 22custody and the cost of transportation. A county may contract with a law 23enforcement agency, an ambulance service, or a 3rd-party vendor for transportation 24of a minor for detention. SB111-SSA1,4,7
12. A law enforcement officer may provide the transportation of a minor under 2subd. 1. only if that is the least restrictive and most appropriate method of 3transport of the minor or is the only reasonable available alternative. As provided 4under par. (a), a law enforcement agency may contract with another law 5enforcement agency, an ambulance service provider, or a 3rd-party vendor to 6transport a minor for detention if the agency, provider, or vendor agrees to provide 7the transport. SB111-SSA1,4,1683. The county responsible for transportation of a minor to an emergency 9detention facility under this paragraph may submit a request to the department for 10reimbursement of those costs, and the department shall provide reimbursement to 11the county for those costs. The department may establish standards for allowable 12costs that may be reimbursed to a county under this paragraph. Notwithstanding 13par. (e), subject to s. 49.45 (29x) (c) and (d), the department may provide 14reimbursement under this paragraph through the Medical Assistance program 15under subch. IV of ch. 49 for the transport of a minor for purposes of emergency 16detention who is a medical assistance recipient. SB111-SSA1,4,20174. The limitation under subd. 2. on use of a law enforcement officer to provide 18the transportation of a minor applies only if the department receives any necessary 19federal approval as provided under s. 49.45 (29x) (d) to allow reimbursement under 20the Medical Assistance program under subch. IV of ch. 49. SB111-SSA1,5,322(1) The treatment of ss. 49.45 (29x) (a) and (c) and 51.15 (2) (e) (intro.) and (f) 23first applies to county claims for reimbursement for transportation of a minor for 24purposes of emergency detention that is provided on the effective date of the federal
1approval described in s. 49.45 (29x) (d) or, if the department of health services 2determines that no federal approval is required, on the effective date of this 3subsection. SB111-SSA1,5,65(1) This act takes effect on the first day of the 7th month beginning after 6publication.
