Articles Posted in Health Law

The Supreme Court affirmed the decision of the court of appeals denying Defendant's petition for a supervisory writ in which Defendant argued that an automatic stay in his case began upon the circuit court's entry of a involuntary medication order rather than upon filing a notice of appeal but vacated the circuit court's order for involuntary medication, holding that the order was constitutionally insufficient. The circuit court ordered Defendant to be involuntarily medicated to restore his competency to stand trial on a felony charge. After the Supreme Court released its decision in State v. Scott, 914 N.W.2d 141 (Wis. 2018), subjecting involuntary medication orders to an automatic stay pending appeal, the circuit court stayed its involuntary medication order. Defendant petitioned the court of appeals for a supervisory writ and challenged the constitutionality of Wis. Stat. 971.14 based on its incompatibility with Sell v. United States, 539 U.S. 166 (2003). The Supreme Court held (1) the court of appeals did not err in denying Defendant's petition for a supervisory writ; and (2) the standard for ordering involuntary medication set forth in section 971.14(3)(dm) and (4)(b) is unconstitutional to the extent it requires circuit courts to order involuntary medication based on a standard that does not comport with Sell. View "State v. Fitzgerald" on Justia Law

The Supreme Court affirmed the decision of the court of appeals granting Waukesha County's motion to dismiss the appeal brought by Ms. L. challenging the circuit court's judgment extending Ms. L's commitment, holding that all three issues brought by Ms. L. on appeal were moot but that the Court would address two of those three issues. Specifically, the Court held (1) the circuit court still had personal jurisdiction over Ms. L. when it conducted the extension hearing and entered the extension order, and the County's notice did not fail any due process requirements; (2) the circuit court properly entered default against Ms. L. for failing to appear at an extension hearing; and (3) Ms. L.'s issue that there was insufficient evidence to support the circuit court's entry of the extension order was moot. View "Waukesha County v. S.L.L." on Justia Law

The Supreme Court affirmed the decision of the court of appeals dismissing J.W.K.'s appeal challenging the sufficiency of the evidence extending his commitment, holding that J.W.K.'s sufficiency challenge was moot. J.W.K. was originally committed in February 2016 for six months under Wis. Stat. 51.20. In July 2016, Portage County filed a petition seeking to extend J.W.K.'s commitment for twelve months. The circuit court found the statutory dangerousness standard was satisfied and extended J.W.K.'s commitment for twelve months. J.W.K. filed a notice of appeal. Thereafter, in 2017, the County filed a petition seeking another twelve-month extension of J.W.K.'s commitment, which the circuit court granted. The court of appeals dismissed J.W.K.'s appeal as moot. The Supreme Court affirmed, holding that reversing the expired 2016 order for insufficient evidence would have no effect on subsequent recommitment orders because later orders stand on their own under the language of section 51.20. View "Portage County v. J.W.K." on Justia Law

Mr. J. was a proper subject of treatment within the meaning of Wis. Stat. 51.20(1) because he had rehabilitative potential. Mr. J., an adult suffering from paranoid schizophrenia, was subject to an involuntary commitment order and an order requiring him to undergo treatment and take medication prescribed for his condition. Waukesha County filed a petition to extend Mr. J’s involuntary commitment and treatment orders for an additional year. The circuit court granted the County’s petition and extended Mr. J’s involuntary commitment order for twelve months and further extended the medication and treatment order. The court of appeals affirmed. The Supreme Court affirmed, holding that the circuit court and the court of appeals properly concluded that Mr. J. was a proper subject of treatment within the meaning of the statute. View "Waukesha County v. J.W.J." on Justia Law

The Supreme Court held that an attorney authorized by his or her client in writing via a HIPAA release form to obtain the client’s health care records is a “person authorized by the patient” under Wis. Stat. 146.83(3f)(b)4.-5. and is therefore exempt from paying certification charges and retrieval fees under these subdivisions. Accordingly, the Court reversed the decision of the court of appeals in this class action lawsuit, holding that Plaintiff’s attorney was a “person authorized by the patient” and was therefore exempt from the certification charge and retrieval fee for obtaining copies of Plaintiff’s health care records. View "Moya v. Healthport Technologies, LLC" on Justia Law

Appellant was adjudicated delinquent or convicted of sexually violent offenses three times, resulting in his incarceration. Before Talley was released on his last offense, the State filed a petition for Chapter 980 commitment. In 2005, the circuit court ordered Talley committed to the Department of Health and Family Services. In 2012, Talley filed the discharge petition underlying the Court’s current review. The circuit court denied Talley’s petition seeking a discharge hearing. The court of appeals affirmed. Talley appealed, arguing that his petition alleged enough facts to warrant a discharge hearing. The Supreme Court affirmed, holding that Talley’s petition for a discharge failed to satisfy the statutory threshold for a discharge hearing, and therefore, the circuit court appropriately denied Appellant’s 2012 petition without holding a discharge hearing. View "State v. Talley" on Justia Law

While Christopher S. was serving his sentence for mayhem, Winnebago County filed a petition for the involuntary commitment of Christopher for mental health care under Wis. Stat. 51.20(1)(ar). The County also filed a petition for the involuntary administration of psychotropic medication and treatment to Christopher. The circuit court granted both petitions. Thereafter, Christopher filed a motion challenging both orders. The circuit court denied the motion. The Supreme Court affirmed, holding (1) Wis. Stat. 51.21(1)(ar) does not violate an inmate’s substantive due process rights because it is reasonably related to the State’s legitimate interest in providing care and assistance to inmates suffering from mental illness; and (2) the circuit court did not err when if found that the County established by clear and convincing evidence that Christopher was incompetent to refuse psychotropic medication and treatment. View "Winnebago County v. Christopher S." on Justia Law

Outagamie County filed a petition for the involuntary commitment of Michael H. A jury found that Michael was mentally ill, was a proper subject for treatment, and was dangerous. Based on the verdict, the circuit court ordered Michael committed for treatment pursuant to Wisconsin’s involuntary commitment statute, Wis. Stat. 51.20. On appeal, Michael challenged the sufficiency of the evidence, specifically, the evidence that he was dangerous. The court of appeals affirmed, concluding that the evidence supported a finding of dangerousness under subsection (1)(a)(2)(a) relating to threats of suicide or self-harm. The Supreme Court affirmed, holding that credible evidence existed in the record supporting inferences that there was a substantial probability that Michael was dangerous to himself within the meaning of subsection (1)(a)(2)(1) based on threats of suicide or serious bodily harm, and (1)(a)(2)(c) based on impaired judgment, manifested by a pattern of recent acts. View "Outagamie County v. Michael H." on Justia Law

A six-person jury found Milwaukee County met its burden to involuntarily commit Appellant for mental illness treatment under Wis. Stat. 51.20, and the circuit court entered an order that committed Appellant for a period no longer than six months. Appellant appealed, arguing that the six-person non-unanimous jury available to her under section 51.20 violated equal protection guarantees. Specifically, Appellant argued that her equal protection rights were violated because only a six-person jury with a five/six determination is available to those subject to involuntary commitment under Chapter 51 when compared to the twelve-person jury with a requirement of unanimity for individuals subject to involuntary civil commitment proceedings under Chapter 980. The Supreme Court affirmed, holding that the differences in the jury provisions for initial commitment hearings under Chapter 51 and Chapter 980 do not violate Appellant's constitutional right to equal protection. View "Milwaukee County v. Mary F.-R." on Justia Law

The Outagamie County petitioned for Melanie L.'s mental heath commitment. The circuit court granted the petition and committed Melanie to the County's custody for six months. The court also issued an order for involuntary medication and treatment. Before the end of the six month period, the County sought an extension of both orders for an additional twelve months. The circuit court granted the petition. Melanie appealed the extension of the involuntary medication order, contending that the County did not meet its burden of proving her incompetent to refuse treatment under Wis. Stat. 51.61(1)(g)(4.b). The court of appeals affirmed. The Supreme Court reversed, holding that the County failed to prove by clear and convincing evidence that Melanie was substantially incapable of making an informed choice as to whether to accept or refuse the medication, and therefore did not overcome Melanie's presumption of competence to make an informed choice to refuse medication. View "Outagamie County v. Melanie L." on Justia Law