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DMHSAS Memo 2010-07 Action

2009 Wisconsin Act 318 – Mental Health High Cost Placement Fund

DLTC / DMHSAS Numbered Memo Series index page

State of Wisconsin
Department of Health Services
Division of Mental Health and Substance Abuse Services

Date: September 24, 2010

DMHSAS Numbered Memo 2010-07 Action

Index Title: 2009 Wisconsin Act 318: Mental Health High Cost Placement Fund

To: DMHSAS Listserv

For:

Human Services Area Coordinator
Bureau Directors
County Departments of Community Programs Directors
County Departments of Developmental Disabilities Services Directors
County Departments of Human Services Directors
County Departments of Social Services Directors
County Mental Health Coordinators
Tribal Chairpersons / Presidents

From:  John Easterday, Ph.D., Administrator, Division of Mental Health and Substance Abuse Services

Subject: 2009 Wisconsin Act 318:
Reimbursement for Mental Health High Cost Placements Ordered by a Tribal Court

Document Summary

Under 2009 Wisconsin Act 318, the Legislature has authorized up to $250,000 to fund high cost mental health placements of tribal members when county or tribal costs exceed $50,000 annually and when the treatment services are ordered by a tribal court.

Wisconsin State Legislature webpage: 2009-2010 Wisconsin Acts (Exit DHS)

Background

Under 2009 Wisconsin Act 318: Reimbursement of counties and Indian tribes for unexpected or unusually high-cost placement of Indians in mental health treatment facilities and making an appropriation (PDF, Exit DHS), authorizes up to $250,000 of tribal gaming revenues to fund high cost mental health placements of tribal members when county or tribal costs exceed $50,000 annually. These mental health placements must be ordered by a tribal court under tribal ordinances comparable to Chapter 51.20, the mental health commitment statute which authorizes circuit courts to commit individuals for mental health treatment. Funds for this special allocation are transferred to the Department of Health Services from unspent tribal gaming funds for the period ending June 30, 2010.

The expenses for treatment costs can be incurred and claimed by either a tribe or a county department of human services, community programs or social services. Funding in the amount of $250,000 is available for eligible expenses incurred during the period July 1, 2009 through June 30, 2010. Expenditures for the cost of mental health placements must exceed $50,000 during this time period.
Criteria on use of these funds

The criteria for the use of these funds include:

  1. Any member of an Indian Tribe or band who has been court ordered for mental health placement by a tribal court.
  2. Placements eligible to be considered for reimbursement under this Act must be made for the primary purpose of mental health treatment. This could include individuals who are developmentally disabled or who have a co-occurring substance abuse diagnosis.
  3. The county or tribe may request reimbursement after the total annual expenditure for allowable services has exceeded $50,000.
  4. The placements must be ordered by the Tribal Court under tribal ordinances comparable to Chapter 51.20 to be eligible for reimbursement.

Application Process

To apply for these funds, complete DHS Form F-00301: 2009 Wisconsin Act 318 High Cost Mental Health Fund Application (Word Fillable, 112KB), and submit your request to Chris Hendrickson, the Central Office Contact, by October 29, 2010. You may submit the application either by US mail or electronically via email.

If requests for funding exceed the $250,000 available, funds allocated will be pro-rated based on total approved funding requests. Up to $250,000 may be available again for SFY 11 for the period July 1, 2010 through June 30, 2011 based on availability of tribal gaming revenues. If this funding is available, instructions for applying for these funds will be shared in the spring 2011. The criteria for the use of those funds will be similar to the criteria this year.

Please note the following important information: while this application for reimbursement funds is voluntary, failure to complete DHS Form F-00301: 2009 Wisconsin Act 318 High Cost Mental Health Fund Application (Word Fillable, 112KB), will result in the denial of your application.

Action Summary

To apply for reimbursement funds, complete DHS Form F-00301: 2009 Wisconsin Act 318 High Cost Mental Health Fund Application (Word Fillable, 112KB), and submit your request to Chris Hendrickson, the Central Office Contact, by October 29, 2010.

For additional information and questions regarding this memo:

Regional Office Contact:

Area Administrators

Central Office Contact:

Chris Hendrickson, Policy Advisor
Division of Mental Health and Substance Abuse Services
PO Box 7851
Madison, WI 53707

Telephone: (608) 261-7812
Fax: (608) 266-2579
Email: Chris.Hendrickson@wisconsin.gov

Forms:

DHS Form F-00301: 2009 Wisconsin Act 318 High Cost Mental Health Fund Application
(Word Fillable, 112KB)

CC:

Joyce Allen, BPTR / DMHSAS
Chris Hendrickson, DMHSAS
Rob Sommerfeld, DMHSAS
Patty Devine, DMHSAS
Jim Weber, Tribal Affairs
Tribal Behavioral Health Directors

Memo Websites

Wisconsin State Legislature webpage: 2009-2010 Wisconsin Acts (Exit DHS)

Wisconsin Act 318: Reimbursement of counties and Indian tribes for unexpected or unusually high-cost placement of Indians in mental health treatment facilities and making an appropriation. (PDF, Exit DHS)

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Last Revised:  September 23, 2010