March 7, 2025 - Introduced by Joint Legislative Council. Referred to Committee on Mental Health, Substance Abuse Prevention, Children and Families.
SB111,1,3
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. Analysis by the Legislative Reference Bureau
This bill is explained in the notes provided by the Joint Legislative Council in the bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Joint Legislative Council prefatory note: This bill was prepared for the Joint Legislative Council Study Committee on Emergency Detention and Civil Commitment of Minors.
The 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 (DHS) 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 a placeholder to add sum sufficient funding in DHS’s schedule under the biennial state budget to provide reimbursement for the cost of transporting a minor to an emergency detention facility.
SB111,1
1Section 1. 20.005 (3) (schedule) of the statutes: at the appropriate place, 2insert the following amounts for the purposes indicated: SB111,29Section 2. 20.435 (5) (dm) of the statutes is created to read: SB111,2,121020.435 (5) (dm) Reimbursement for transportation of minors for emergency 11detention. A sum sufficient for the cost of transportation of minors for purposes of 12emergency detention under s. 51.15 (2) (f). SB111,313Section 3. 49.45 (29x) (a) of the statutes is amended to read: SB111,3,21449.45 (29x) (a) Subject Except as otherwise provided under par. (c) and 15subject to par. (b), the department shall provide reimbursement as provided under 16s. 49.46 (2) (b) 3. to counties for transport of individuals who are recipients of 17medical assistance for purposes of emergency detention under s. 51.15 (2) as 18provided under s. 51.15 (2) (e). The department shall establish criteria that any 193rd-party vendor that is not a law enforcement agency or ambulance service
1provider must meet in order for the county to obtain reimbursement for transport 2provided by that 3rd-party vendor under the Medical Assistance program. SB111,43Section 4. 49.45 (29x) (c) and (d) of the statutes are created to read: SB111,3,8449.45 (29x) (c) Notwithstanding pars. (a) and (b), subject to par. (d), the 5department shall provide reimbursement as provided under s. 49.46 (2) (b) 3. to 6counties for transport of minors who are recipients of medical assistance for 7purposes of emergency detention under s. 51.15 (2) as provided under s. 51.15 (2) 8(f). SB111,3,169(d) The department shall submit to the federal department of health and 10human services any request for a state plan amendment, waiver, or other federal 11approval necessary to provide reimbursement to counties for the transport of 12minors for purposes of emergency detention under par. (c). If the federal 13department of health and human services approves the request or if no federal 14approval is necessary, the department shall provide reimbursement under par. (c). 15If the federal department of health and human services disapproves the request, 16the department may not provide reimbursement for services under par. (c). SB111,517Section 5. 51.15 (2) (e) (intro.) of the statutes is amended to read: SB111,3,211851.15 (2) (e) (intro.) Subject to s. 49.45 (29x) (a) and (b), a county may obtain 19reimbursement through the Medical Assistance program under subch. IV of ch. 49 20for transport of an individual for purposes of emergency detention if all of the 21following are true: SB111,622Section 6. 51.15 (2) (f) of the statutes is created to read: SB111,4,42351.15 (2) (f) 1. If a minor is approved for emergency detention under this 24section, the county that approves the detention is responsible for transportation of
1the minor to the emergency detention facility, including placing the minor in 2custody and the cost of transportation. A county may contract with a law 3enforcement agency, an ambulance service, or a 3rd-party vendor for transportation 4of a minor for detention. SB111,4,1152. A law enforcement officer may provide the transportation of a minor under 6subd. 1. only if that is the least restrictive and most appropriate method of 7transport of the minor or is the only reasonable available alternative. As provided 8under par. (a), a law enforcement agency may contract with another law 9enforcement agency, an ambulance service provider, or a 3rd-party vendor to 10transport a minor for detention if the agency, provider, or vendor agrees to provide 11the transport. SB111,4,20123. The county responsible for transportation of a minor to an emergency 13detention facility under this paragraph may submit a request to the department for 14reimbursement of those costs, and the department shall provide reimbursement to 15the county for those costs. The department may establish standards for allowable 16costs that may be reimbursed to a county under this paragraph. Notwithstanding 17par. (e), subject to s. 49.45 (29x) (c) and (d), the department may provide 18reimbursement under this paragraph through the Medical Assistance program 19under subch. IV of ch. 49 for the transport of a minor for purposes of emergency 20detention who is a medical assistance recipient. SB111,4,24214. The limitation under subd. 2. on use of a law enforcement officer to provide 22the transportation of a minor applies only if the department receives any necessary 23federal approval as provided under s. 49.45 (29x) (d) to allow reimbursement under 24the Medical Assistance program under subch. IV of ch. 49. SB111,7
1Section 7. Initial applicability. SB111,5,72(1) The treatment of ss. 49.45 (29x) (a) and (c) and 51.15 (2) (e) (intro.) and (f) 3first applies to county claims for reimbursement for transportation of a minor for 4purposes of emergency detention that is provided on the effective date of the federal 5approval described in s. 49.45 (29x) (d) or, if the department of health services 6determines that no federal approval is required, on the effective date of this 7subsection. SB111,5,109(1) This act takes effect on the first day of the 7th month beginning after 10publication.
