| 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.
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| CMS | Federal 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.
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Glossary of Terms 
