WisconsinSB1062025-2026 Wisconsin Legislature (Biennial Session)Senate

An Act to create 20.435 (5) (bt), 49.46 (2) (b) 14c., 49.46 (2) (bv) and 51.044 of the statutes; Relating to: psychiatric residential treatment facilities, providing an exemption from emergency rule procedures, and granting rule-making authority.

Sponsored By: Joint Legislative Council

Signed by Governor

Sen Bill 106Health ServicesDepartment of -- HealthMedical assistanceMental health -- Hospitals and institutesYouth

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Insurance payment options for youth treatment

The law adds psychiatric residential treatment for people under 21 as a reimbursable Wisconsin Medical Assistance service. DHS must seek federal approval when required and pay when approval is granted or is unnecessary. Payment is prohibited if the federal government rejects the request; the law sets no reimbursement amount. For minors enrolled at admission, the treatment team must include a physician skilled in pediatric or child psychiatry who knows the patient's situation. Facilities may also seek payment from private health plans and self-insured governmental plans. The law does not require those plans to cover treatment; their coverage and payment terms determine household costs.

New standards and grants for youth treatment

Wisconsin creates a framework for psychiatric residential treatment facilities serving people under 21, with care directed by a physician. Facilities must get Department of Health Services (DHS) certification and meet federal treatment, emergency planning, and patient safety rules. These include limits on restraint and seclusion. Before admission, a treatment team must find that community care is not enough and inpatient care is needed. Treatment must be expected to improve the patient's condition or prevent further decline so inpatient care is no longer needed. Admissions follow Wisconsin's Chapter 51 mental health procedures; facilities are exempt from Chapter 48 regulation. DHS can inspect facilities, investigate complaints, limit certifications, and set regional bed targets. It must consider geographic diversity and can set staffing, security, age, and other operating rules. DHS must also address coordination with facilities supported by other state funds. DHS may give startup grants, favoring at least one facility in northern or north-central Wisconsin and one in southern Wisconsin. No grant amount or placement is guaranteed. The law authorizes 4 full-time DHS positions and creates a funding account with $0 placeholders for 2025–26 and 2026–27, subject to the biennial budget act. DHS can issue emergency certification and Medicaid payment rules without a formal emergency finding. Those rules expire July 1, 2027, or when permanent rules take effect, whichever comes first. The law takes effect the day after publication or when the 2025 budget act is published, whichever is later.

Youth treatment safety measures and privacy limits

Psychiatric residential treatment facilities may record common areas, entrances, and exits without patient consent. They must notify the patient and the patient's parent, guardian, legal custodian, or Indian custodian. Recordings are confidential and closed to public inspection except as DHS rules allow; DHS may review them. Cameras cannot replace one-on-one monitoring for patients at high risk of self-harm, and facilities must have safety-monitoring policies. Facilities may also use locked units for safety, limiting patients' movement; DHS may require policies governing their use.

Sponsors & Cosponsors

Sponsor

  • Joint Legislative Council

    Affiliation unavailable

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 156 • No: 134

House vote • 6/24/2025

Assembly Substitute Amendment 1 laid on table, Ayes 52, Noes 45

Yes: 52 • No: 45

House vote • 6/24/2025

Assembly Amendment 1 laid on table, Ayes 52, Noes 45

Yes: 52 • No: 45

Senate vote • 6/18/2025

Senate Amendment 2 rejected, Ayes 17, Noes 15

Yes: 17 • No: 15

Senate vote • 6/18/2025

Read a third time and passed, Ayes 18, Noes 14

Yes: 18 • No: 14

Senate vote • 6/18/2025

Senate Substitute Amendment 1 rejected, Ayes 17, Noes 15

Yes: 17 • No: 15

Actions Timeline

  1. Published 7-3-2025

    7/3/2025Senate
  2. Report approved by the Governor on 7-2-2025. 2025 Wisconsin Act 9

    7/3/2025Senate
  3. Presented to the Governor on 6-26-2025 by directive of the Majority Leader

    6/26/2025Senate
  4. Attempted to present to the Governor on 6-25-2025, pursuant to Senate Rule 44m (2)

    6/25/2025Senate
  5. Report correctly enrolled

    6/25/2025Senate
  6. LRB correction

    6/25/2025Senate
  7. Received from Assembly concurred in

    6/24/2025Senate
  8. Ordered immediately messaged

    6/24/2025House
  9. Read a third time and concurred in

    6/24/2025House
  10. Rules suspended

    6/24/2025House
  11. Ordered to a third reading

    6/24/2025House
  12. Assembly Amendment 1 laid on table, Ayes 52, Noes 45

    6/24/2025House
  13. Assembly Amendment 1 offered by Representative Palmeri

    6/24/2025House
  14. Assembly Substitute Amendment 1 laid on table, Ayes 52, Noes 45

    6/24/2025House
  15. Assembly Substitute Amendment 1 offered by Representative Hysell

    6/24/2025House
  16. Read a second time

    6/24/2025House
  17. Rules suspended to withdraw from calendar and take up

    6/24/2025House
  18. LRB correction (Senate Amendment 1)

    6/24/2025House
  19. Read first time and referred to calendar of 6-24-2025

    6/20/2025House
  20. Received from Senate

    6/19/2025House
  21. Ordered immediately messaged

    6/18/2025Senate
  22. Read a third time and passed, Ayes 18, Noes 14

    6/18/2025Senate
  23. Rules suspended to give bill its third reading

    6/18/2025Senate
  24. Ordered to a third reading

    6/18/2025Senate
  25. Withdrawn from joint committee on Finance and taken up

    6/18/2025Senate

Bill Text

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