Payment under sub. (6m) may be made to a facility or institution for mental diseases for an individual who is 65 years of age or older, is medically diagnosed as having developmental disability or mental illness, is not a danger to himself or herself or to others and is competent to make an independent decision, if, following screening under par. (b) or review under par. (c), all of the following apply: a.
(a)#
It is determined that the individual needs facility care and requires active treatment for developmental disability or active treatment for mental illness.
(b)#
The individual chooses not to participate in active treatment.