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DMHSAS Numbered Memo 2011-02

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

Date: May 4, 2011

DMHSAS Numbered Memo 2011-02

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

To:     DMHSAS Listserv

For:   
Directors, Departments of Human Services
Directors, Departments of Community Programs
County Mental Health Coordinators
County Substance Abuse Coordinators
Area Administrators and Assistant Area Administrators

From: Linda A. Harris, 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.

Background and New Information

2009 Wisconsin Act 318 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, 2011.

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, 2010 through June 30, 2011. 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.

Action Summary

To apply for these funds please fill out the enclosed form on line at the following link: http://www.dhs.wisconsin.gov/forms/F0/f00301.doc  and submit the form to Chris Hendrickson, DMHSAS, PO Box 7851, Madison WI, 53707 or email to Chris.Hendrickson@Wisconsin.gov All requests for reimbursement from this funding source must be submitted by May 23, 2011. If requests for funding exceed the $250,000 available, funds allocated will be pro-rated based on total approved funding requests.

Attachment - Form to Claim High Cost Funds

For additional information and questions regarding this memo:

Regional Office Contact:

Area Administrators

Central Office Contact:

Chris Hendrickson
Division of Mental Health and Substance Abuse Services
PO Box 7851
1 W. Wilson St., Madison, WI 53707
Telephone: (608) 261-7812
Fax: (608) 266-2579
Email: Chris.Hendrickson@Wisconsin.gov

Memo Website:

DMHSAS Numbered Memo Series: 2011 web page.
http://www.dhs.wisconsin.gov/dsl_info/NumberedMemos/DMHSAS/CY2011/index.htm

DLTC / DMHSAS Memo Series web page. http://dhs.wisconsin.gov/dsl_info/index.htm
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Last Revised:  July 05, 2011