2019 - 2020 LEGISLATURE

2019 Assembly BILL 20

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 An Act relating to: terminology changes for those with an intellectual disability in 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 Section 1 . DCF 52.59 (9) (a) 2. of the administrative code is amended to read:

AB20,2,3 DCF 52.59 (9) (a) 2. Staff shall have respite care training designed around the specific needs of individuals for which care is provided, such as autism, epilepsy, cerebral palsy and mental retardation intellectual disabilities. As part of this training, staff who have not already had some experience working with the type of individual to be cared for shall have at least 8 hours of supervised experience by someone who is knowledgeable in working with the type of individual or more than 8 hours if necessary to ensure the provision of competent care.

AB20,2 Section 2. DHS 10.13 (3) of the administrative code is amended to read:

AB20,2,10 DHS 10.13 (3) “Adult protective services" means protective services for mentally retarded individuals with intellectual disabilities and other developmentally disabled persons, for aged infirm persons, for chronically mentally ill persons and for persons developmental disabilities, for individuals with infirmities of aging, for individuals with chronic mental illness, and for individuals with other like incapacities incurred at any age as defined in s. 55.02, Stats.

AB20,3 Section 3. DHS 10.13 (16) of the administrative code is amended to read:

AB20,2,19 DHS 10.13 (16) “Developmental disability" means a disability attributable to brain injury, cerebral palsy, epilepsy, autism, Prader-Willi syndrome, mental retardation intellectual disability, or another neurological condition closely related to mental retardation intellectual disability or requiring treatment similar to that required for mental retardation intellectual disability, that has continued or can be expected to continue indefinitely and constitutes a substantial handicap to the afflicted individual. “Developmental disability" does not include senility that is primarily caused by the process of aging or the infirmities of aging.

AB20,4 Section 4. Chapter DHS 15 (title) of the administrative code is amended to read:

AB20,3,3 CHAPTER DHS 15 ASSESSMENT FOR OCCUPIED BEDS IN NURSING HOMES AND INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED INDIVIDUALS WITH INTELLECTUAL DISABILITIES

AB20,5 Section 5. DHS 15.01 of the administrative code is amended to read:

AB20,3,10 DHS 15.01 Authority and purpose. This chapter is promulgated under the authority of s. 50.14 (5) (b), Stats., to establish procedures and other requirements necessary for levying and collecting the monthly assessment imposed under s. 50.14 (2), Stats., on all licensed beds in intermediate care facilities for the mentally retarded (ICF-MR) individuals with intellectual disabilities (ICF-IID) and nursing homes, except facilities that are located outside the state.

AB20,6 Section 6. DHS 15.02 (4), (5) and (7) of the administrative code are amended to read:

AB20,3,13 DHS 15.02 (4) “Facility" means an ICF-MR ICF-IID or nursing home.

AB20,3,16 (5) “ICF-MR ICF-IID" or “intermediate care facility for the mentally retarded individuals with intellectual disabilities" means a facility or distinct part of a facility defined under 42 USC 1396d (d) and regulated under ch. DHS 134.