LRB-3592/1
SWB:kjf&ahe
2019 - 2020 LEGISLATURE
September 17, 2019 - Introduced by Senators Kooyenga, Craig,
Nass and Olsen,
cosponsored by Representatives
Hutton, Sinicki, Allen, Brooks, Brandtjen,
Dittrich, Kuglitsch, Mursau, Novak, Skowronski, Steffen, Tittl and
Wichgers. Referred to Committee on Health and Human Services.
SB418,1,3
1An Act to amend 51.61 (2); and
to create 51.61 (1m) of the statutes;
relating
2to: right to specific staffing arrangements for certain patients in an intensive
3treatment program.
Analysis by the Legislative Reference Bureau
This bill establishes a right for certain patients in an intensive treatment
program at one of the centers for the developmentally disabled operated by the
Department of Health Services to have, upon request, staff of a requested sex present
for certain interactions. Specifically, under the bill, a patient in an intensive
treatment program has, if the patient or the patient's parent or guardian requests,
a right to a staffing arrangement under which at least one person of the sex requested
by the patient or the patient's parent or guardian be present for certain interactions,
including 1) assistance with bathing, toileting, or any activity that requires removal
of clothing other than outerwear, footwear, or accessories; 2) movement within the
center or other transfer that involves transport through an isolated area such as a
stairwell or elevator or in a vehicle; or 3) any interaction in a private room, bathroom,
changing room, exam room, or any other isolated area.
Under the bill, this right, like certain other existing statutory patient rights,
may be denied for cause after review by the director of the facility, and may be denied
when medically or therapeutically contraindicated as documented by the patient's
physician, licensed psychologist, or licensed mental health professional in the
patient's treatment record. The individual must be informed in writing of the
grounds for withdrawal of the right, and there must be documentation of the grounds
in the patient's treatment record. The decision is subject to a review and grievance
process established by DHS for patient rights issues. The bill also limits the amount
DHS may expend in accommodating these staffing arrangement requests to no more
than $3,000,000 per fiscal year.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB418,1
1Section 1
. 51.61 (1m) of the statutes is created to read:
SB418,2,72
51.61
(1m) (a) A patient who is in an intensive treatment program at one of the
3centers for the developmentally disabled operated by the department has, if
4requested by the patient or the patient's parent or guardian, a right to a staffing
5arrangement under which at least one person of the sex requested by the patient or
6the patient's parent or guardian be present for certain interactions, including any of
7the following:
SB418,2,98
1. Assistance with bathing, toileting, or any activity that requires removal of
9clothing other than outerwear, footwear, or accessories.
SB418,2,1110
2. Movement within the center or other transfer that involves transport
11through an isolated area such as a stairwell or elevator or in a vehicle.
SB418,2,1312
3. Any interaction in a private room, bathroom, changing room, exam room, or
13any other isolated area.
SB418,2,1514
(b) The department may expend no more than $3,000,000 per fiscal year to
15accommodate requests made under this subsection.
SB418,2
16Section 2
. 51.61 (2) of the statutes is amended to read:
SB418,3,1317
51.61
(2) A patient's rights guaranteed under
sub. subs. (1) (p) to (t)
and (1m) 18may be denied for cause after review by the director of the facility, and may be denied
19when medically or therapeutically contraindicated as documented by the patient's
1physician, licensed psychologist, or licensed mental health professional in the
2patient's treatment record. The individual shall be informed in writing of the
3grounds for withdrawal of the right and shall have the opportunity for a review of
4the withdrawal of the right in an informal hearing before the director of the facility
5or his or her designee. There shall be documentation of the grounds for withdrawal
6of rights in the patient's treatment record. After an informal hearing is held, a
7patient or his or her representative may petition for review of the denial of any right
8under this subsection through the use of the grievance procedure provided in sub. (5)
9or, for review of the denial of a right by a licensed mental health professional who is
10not affiliated with a county department or treatment facility, through the use of one
11of the grievance resolution procedure options required under s. 457.04 (8).
12Alternatively, or in addition to the use of the appropriate grievance procedure, a
13patient or his or her representative may bring an action under sub. (7).
