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Wisconsin Speaks Out - Wisconsin Parents Coalition for the Retarded, Inc.

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Jul 05th
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There are 28 entries in the glossary.
Pages: 1
Term Definition
ADRCAging and Disability Resource Centers
 
Chapter 55

Wisconsin State Statute related to the Protective Service System
Definition: The legislature recognizes that many citizens of the state, because of serious and persistent mental illness, degenerative brain disorder[s], developmental disabilities, or other like incapacities, are in need of protective services or protective placement. Except as provided in s. 49.45 (30m) (a), the protective services or protective placement should, to the maximum degree of feasibility under programs, services and resources that the county board of supervisors is reasonably able to provide within the limits of available state and federal funds and of county funds required to be appropriated to match state funds, allow the individual the same rights as other citizens, and at the same time protect the individual from financial exploitation, abuse, neglect, and self-neglect. This chapter is designed to establish those protective services and protective placements, to assure their availability to all individuals when in need of them, and to place the least possible restriction on personal liberty and exercise of constitutional rights consistent with due process and protection from abuse, financial exploitation, neglect, and self-neglect.

Chapter 55 (Protective Service System) includes: 

  • 55.001   Declaration of policy.
  • 55.01   Definitions.
  • 55.02   Protective services and protective placement: duties.
  • 55.03   Status of guardian.
  • 55.043   Adult-at-risk agency.
  • 55.045   Funding.
  • 55.05   Voluntary protective services.
  • 55.055   Admissions initially made without court involvement.
  • 55.06   Protective services and protective placement; eligibility.
  • 55.075   Protective services or protective placement; petition.
  • 55.08   Protective services or protective placement: standards.
  • 55.09   Notice of petition and hearing for protective services or placement.
  • 55.10   Hearing on petition for protective services or protective placement.
  • 55.11   Comprehensive evaluation; recommendations; statements.
  • 55.12   Order for protective services or protective placement.
  • 55.13   Emergency protective services.
  • 55.135   Emergency and temporary protective placement.
  • 55.14   Involuntary administration of psychotropic medication.
  • 55.15   Transfer of an individual under a protective placement order.
  • 55.16   Modification of an order for protective placement or protective services.
  • 55.17   Termination of an order for protective placement or protective services.
  • 55.175   [Discharge from protective placement.]
  • 55.18   Annual review of protective placement.
  • 55.19   Annual review of order authorizing involuntary administration of psychotropic medication.
  • 55.195   Duties of guardian ad litem for protective services reviews.
  • 55.20   Appeals.
  • 55.21   Centers for the developmentally disabled.
  • 55.22   Records.
  • 55.23   Patients' rights.
For details on each section go to the website version or the PDF version .
 
Chargebacks
Presently this is a $48 per day charge that the state charges counties for any resident that remains in a State Center after the utilization review team has determined that an individual is appropriate for transition to community based care AND the cost of that community care falls within the available state and federal funds (that means if the community cost estimate is at or below $325 per day, there are available state and federal funds for the community placement).
 
This intent to chargeback can be appealed resulting in no chargeback (no $48 per day) for an individual to remain in a State Center.
 
The "philosophy" of DHFS (Department of Health and Family Services) is that every resident can be cared for in a community setting --- the only thing preventing this is the available funds.
 
CIP
(Community Integration Program) This is the Medicaid waivers program for residents of an ICF/MR (Intermediate Care Facility for the Mentally Retarded) whereby the Medicaid funds used for institutional care can be "waived" so that care can be provided in a non-institutional setting. Referred to as HCBS (Home and Community Based Services) waivers.
  • CIP 1A is for residents of the State Centers.
  • CIP 1B is for residents of ICFs/MR that are NOT the State Centers.
 
CMSFederal Centers for Medicare and Medicaid Services
 
Community Integration Program
(CIP) This is the Medicaid waivers program for residents of an ICF/MR (Intermediate Care Facility for the Mentally Retarded) whereby the Medicaid funds used for institutional care can be "waived" so that care can be provided in a non-institutional setting. Referred to as HCBS (Home and Community Based Services) waivers.
  • CIP 1A is for residents of the State Centers.
  • CIP 1B is for residents of ICFs/MR that are NOT the State Centers.
 
CWCCentral Wisconsin Center
 
DDDevelopmentally disabled
 
DHFS(Wisconsin Department of Health and Family Services) The Wisconsin Department of Health and Family Services administers a wide range of services to clients in the community and at state institutions, regulates certain care providers, and supervises and consults with local public and voluntary agencies. Its responsibilities span public health, mental, mental health, substance abuse, long-term care, service to the disabled, medicaid, and children's services.

DHFS Website
 
FDDsFacilities serving people with developmental disabilities
 
GAL
(Guardian ad litem) Lawyer appointed by the court to review the protective placement of an individual who is under a Chapter 55 protective placement to insure that the placement is still in the best interest of the person who has been placed in a nursing home or similar facility. (The State centers for the developmentally disabled are specialized nursing homes called ICFs/MR).
 
Guardian ad litem(GAL) Lawyer appointed by the court to review the protective placement of an individual who is under a Chapter 55 protective placement to insure that the placement is still in the best interest of the person who has been placed in a nursing home or similar facility. (The state centers for the developmentally disabled are specialized nursing homes called ICFs/MR).
 
HBCS
Home and Community Based Services
 
HFS(Wisconsin Department of Health and Family Services) The Wisconsin Department of Health and Family Services administers a wide range of services to clients in the community and at state institutions, regulates certain care providers, and supervises and consults with local public and voluntary agencies. Its responsibilities span public health, mental, mental health, substance abuse, long-term care, service to the disabled, medicaid, and children's services.

DHFS Website
 
HFS 85, Wisconsin Administrative Code

Non-profit corporation as guardian (part of the Wisconsin Department of Health and Family Services Administrative Code)

Definition: This chapter establishes criteria by which the department determines that an applicant non-profit corporation is a suitable agency qualified to serve as guardian of the person or the property, or of both person and property, of an adult found by a court to be mentally incompetent and therefore in need of a guardian. This chapter is promulgated pursuant to ss. 54.15 (7) and 55.02, Stats., which direct the department to make rules for this purpose.

Read the Website Version Read the PDF Version
Appendix A Website Version PDF Version

 
ICF/MR
Intermediate Care Facility for the Mentally Retarded
 
IDT
(InterDisciplinary Team) This is the "team" that establishes care plans goals for an individual, especially in an Intermediate Care Facility for the Mentally Retarded (ICF/MR), and monitors the plans and goals. The IDT Review is referred to as the Annual Program Review at the State Centers.
 
IMDInstitutions for people with mental diseases
 
InterDisciplinary Team
(IDT) This is the "team" that establishes care plans goals for an individual, especially in an Intermediate Care Facility for the Mentally Retarded (ICF/MR), and monitors the plans and goals. The IDT Review is referred to as the Annual Program Review at the State Centers.
 
LPN(Licensed practical nurse)  Licensed practical nurses have graduated from an approved school of practical (vocational) nursing and work under the supervision of registered nurses and/or physicians.
 
MCOManaged Care Organizations
 
MedicaidA program sponsored by the federal government and administered by states that is intended to provide health care and health-related services to low-income individuals.
 
MedicareA federal health insurance program for people age 65 and older and for individuals with disabilities.
 
NANursing assistant
 
RN(Registered nurse)  A nurse who has graduated from a formal program of nursing education (diploma school, associate degree or baccalaureate program) and is licensed by the appropriate state authority.
 
SNFSkilled nursing facility
 
SWCSouthern Wisconsin Center
 
WATTS ReviewsAnnual court review of the Chapter 55 protective placement. Named after the case of Patricia Watts v. The Combined Community Services Board of Milwaukee County, decided in 1985.
 


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