(17) Temporary management.
Any nursing facility that is in violation of this section or any rule promulgated under this section may be subject to placement of a monitor or appointment of a receiver, under the procedures and criteria specified in s. 50.05
and under criteria promulgated as rules by the department under sub. (14) (c)
(18) Nursing facility closure and resident transfer. 49.498(18)(a)(a)
Any nursing facility that is in violation of this section or any rule promulgated under this section may, in an emergency as determined by the department, be subject to closure by the department or to the transfer of residents of the nursing facility to another nursing facility, or both, under criteria promulgated as rules by the department under sub. (14) (c)
A nursing facility may contest closure of the nursing facility or transfer of residents of the nursing facility, if any, by sending a written request for hearing under s. 227.44
to the division of hearings and appeals created under s. 15.103 (1)
. The administrator may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46
. The decision of the administrator shall be the final administrative decision. The division shall commence the hearing within 30 days of receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227
. In any petition for judicial review of a decision by the division, the department, if not the petitioner who was in the proceeding before the division, shall be the named respondent.
All administrative remedies shall be exhausted before an agency determination under this section shall be subject to judicial review. Final decisions after hearing shall be subject to judicial review exclusively as provided in s. 227.52
, except that any petition for review of department action under this section shall be filed within 15 days after receipt of notice of the final agency determination.
The court may stay enforcement under s. 227.54
of the department's final decision if a showing is made that there is a substantial probability that the party seeking review will prevail on the merits and will suffer irreparable harm if a stay is not granted, and that the nursing facility will meet the requirements of this section and the rules promulgated under this section during such stay. Where a stay is granted the court may impose such conditions on the granting of the stay as may be necessary to safeguard the lives, health, rights, safety and welfare of residents, and to assure compliance by the nursing facility with the requirements of this section.
The attorney general may delegate to the department the authority to represent the state in any action brought to challenge department decisions prior to exhaustion of administrative remedies and final disposition by the division of hearings and appeals created under s. 15.103 (1)
If an act forms the basis for a violation of this section and s. 50.04
, the department or the attorney general may impose sanctions in conformity with this section or under s. 50.04
, but not both.
Nursing facility resident protection.
From the appropriation under s. 20.435 (1) (g)
, the department shall contribute to the payment of all of the following, as needed by a resident in a nursing facility, as defined in s. 49.498 (1) (i)
, that is in violation of s. 49.498
or of a rule promulgated under s. 49.498
The cost of relocating the resident from the nursing facility to another nursing facility.
Maintenance of operation of a nursing facility pending correction of deficiencies or closure of the nursing facility.
Reimbursement of the resident for any personal funds of the resident that were misappropriated by the nursing facility staff or other persons holding an interest in the nursing facility.
History: 1989 a. 31
OTHER MEDICALLY RELATED SERVICES AND SUPPORT PROGRAMS
In this subchapter:
"Department" means the department of health and family services.
"Secretary" means the secretary of health and family services.
History: 1995 a. 27
, 9126 (19)
Aid for treatment of kidney disease. 49.68(1)
Declaration of policy.
The legislature finds that effective means of treating kidney failure are available, including dialysis or artificial kidney treatment or transplants. It further finds that kidney disease treatment is prohibitively expensive for the overwhelming portion of the state's citizens. It further finds that public and private insurance coverage is inadequate in many cases to cover the cost of adequate treatment at the proper time in modern facilities. The legislature finds, in addition, that the incidence of the disease in the state is not so great that public aid may not be provided to alleviate this serious problem for a relatively modest investment. Therefore, it is declared to be the policy of this state to assure that all persons are protected from the destructive cost of kidney disease treatment by one means or another.
In this section, "recombinant human erythropoietin" means a bioengineered glycoprotein that has the same biological effects in stimulating red blood cell production as does the glycoprotein erythropoietin that is produced by the human body.
(2) Duties of department.
The department shall:
Promulgate rules setting standards for operation and certification of dialysis and renal transplantation centers and home dialysis equipment and suppliers.
Promulgate rules setting standards for acceptance and certification of patients into the treatment phase of the program.
Promulgate rules concerning reasonable cost and length of treatment programs.
Aid in preparing educational programs and materials informing the public as to chronic renal disease and the prevention and treatment thereof.
(3) Aid to kidney disease patients. 49.68(3)(a)(a)
Any permanent resident of this state who suffers from chronic renal disease may be accepted into the dialysis treatment phase of the renal disease control program if the resident meets standards set by rule under sub. (2)
and s. 49.687
The state shall pay the cost of medical treatment required as a direct result of chronic renal disease of certified patients from the date of certification, including the cost of administering recombinant human erythropoietin to appropriate patients, whether the treatment is rendered in an approved facility in the state or in a dialysis or transplantation center which is approved as such by a contiguous state, subject to the conditions specified under par. (d)
. Approved facilities may include a hospital in-center dialysis unit or a nonhospital dialysis center which is closely affiliated with a home dialysis program supervised by an approved facility. Aid shall also be provided for all reasonable expenses incurred by a potential living-related donor, including evaluation, hospitalization, surgical costs and postoperative follow-up to the extent that these costs are not reimbursable under the federal medicare program or other insurance. In addition, all expenses incurred in the procurement, transportation and preservation of cadaveric donor kidneys shall be covered to the extent that these costs are not otherwise reimbursable. All donor-related costs are chargeable to the recipient and reimbursable under this subsection.
Disbursement and collection of all funds under this subsection shall be by the department or by a fiscal intermediary, in accordance with a contract with a fiscal intermediary. The costs of the fiscal intermediary under this paragraph shall be paid from the appropriation under s. 20.435 (1) (a)
No aid may be granted under this subsection unless the recipient has no other form of aid available from the federal medicare program or from private health, accident, sickness, medical and hospital insurance coverage. If insufficient aid is available from other sources and if the recipient has paid an amount equal to the annual medicare deductible amount specified in subd. 2.
, the state shall pay the difference in cost to a qualified recipient. If at any time sufficient federal or private insurance aid becomes available during the treatment period, state aid shall be terminated or appropriately reduced. Any patient who is eligible for the federal medicare program shall register and pay the premium for medicare medical insurance coverage where permitted, and shall pay an amount equal to the annual medicare deductible amounts required under 42 USC 1395e
(b), prior to becoming eligible for state aid.
Aid under this subsection is only available after the patient pays an annual amount equal to the annual deductible amount required under the federal medicare program. This subdivision requires an inpatient who seeks aid first to pay an annual deductible amount equal to the annual medicare deductible amount specified under 42 USC 1395e
and requires an outpatient who seeks aid first to pay an annual deductible amount equal to the annual medicare deductible amount specified under 42 USC 1395L
State aids for services provided under this section shall be equal to the allowable charges under the federal medicare program. In no case shall state rates for individual service elements exceed the federally defined allowable costs. The rate of charges for services not covered by public and private insurance shall not exceed the reasonable charges as established by medicare fee determination procedures. The state may not pay for the cost of travel, lodging or meals for persons who must travel to receive inpatient and outpatient dialysis treatment for kidney disease. This paragraph shall not apply to donor related costs as defined in par. (b)
Recovery from estates. 49.682(1)(c)
"Home" means property in which a person has an ownership interest consisting of the person's dwelling and the land used and operated in connection with the dwelling.
Except as provided in par. (d)
, the department shall file a claim against the estate of a client or against the estate of the surviving spouse of a client for the amount of aid under s. 49.68
paid to or on behalf of the client.
The affidavit of a person designated by the secretary to administer this subsection is evidence of the amount of the claim.
The court shall reduce the amount of a claim under par. (a)
by up to $3,000 if necessary to allow the client's heirs or the beneficiaries of the client's will to retain the following personal property:
The decedent's wearing apparel and jewelry held for personal use.
Other tangible personal property not used in trade, agriculture or other business, not to exceed $1,000 in value.
A claim under par. (a)
is not allowable if the decedent has a surviving child who is under age 21 or disabled or a surviving spouse.
If the department's claim is not allowable because of par. (d)
and the estate includes an interest in a home, the court exercising probate jurisdiction shall, in the final judgment, assign the interest in the home subject to a lien in favor of the department for the amount described in par. (a)
. The personal representative shall record the final judgment as provided in s. 863.29
The department may not enforce the lien under par. (e)
as long as any of the following survive the decedent:
The department may enforce a lien under par. (e)
by foreclosure in the same manner as a mortgage on real property.
The department shall administer the program under this section and may contract with an entity to administer all or a portion of the program, including gathering and providing the department with information needed to recover payment of aid provided under s. 49.68
. All funds received under this subsection, net of any amount claimed under s. 867.035 (3)
, shall be remitted for deposit in the general fund.
The department may recover amounts under this section for the provision of aid provided under s. 49.68
paid on and after September 1, 1995.
The department may file a claim under sub. (2)
only with respect to a client who dies after September 1, 1995.
The department shall promulgate rules establishing standards for determining whether the application of this section would work an undue hardship in individual cases. If the department determines that the application of this section would work an undue hardship in a particular case, the department shall waive application of this section in that case.
History: 1995 a. 27
; Stats. 1995 s. 49.682; 1995 a. 225
Cystic fibrosis aids. 49.683(1)
The department may provide financial assistance for costs of medical care of persons over the age of 18 years with the diagnosis of cystic fibrosis who meet financial requirements established by the department by rule under s. 49.687 (1)
History: 1973 c. 300
; Stats. 1973 s. 146.35; 1973 c. 336
; Stats. 1973 s. 146.36; 1975 c. 39
; 1979 c. 34
s. 2102 (43) (a)
; 1983 a. 27
; Stats. 1983 s. 49.483; 1993 a. 16
; 1995 a. 27
; Stats. 1995 s. 49.683.
Hemophilia treatment services. 49.685(1)(a)
"Comprehensive hemophilia treatment center" means a center, and its satellite facilities, approved by the department, which provide services, including development of the maintenance program, to persons with hemophilia and other related congenital bleeding disorders.
"Hemophilia" means a bleeding disorder resulting from a genetically determined clotting factor abnormality or deficiency.
"Home care" means the self-infusion of a clotting factor on an outpatient basis by the patient or the infusion of a clotting factor to a patient on an outpatient basis by a person trained in such procedures.
"Maintenance program" means the individual's therapeutic and treatment regimen, including medical, dental, social and vocational rehabilitation including home health care.
"Net worth" means the sum of the value of liquid assets, real property, after excluding the first $10,000 of the full value of the home derived by dividing the assessed value by the assessment ratio of the taxation district.
"Physician director" means the medical director of the comprehensive hemophilia treatment center which is directly responsible for an individual's maintenance program.
(2) Assistance program.
The department shall establish a program of financial assistance to persons suffering from hemophilia and other related congenital bleeding disorders. The program shall assist such persons to purchase the blood derivatives and supplies necessary for home care. The program shall be administered through the comprehensive hemophilia treatment centers.
Any permanent resident of this state who suffers from hemophilia or other related congenital bleeding disorder may participate in the program if that person meets the requirements of this section and s. 49.687
and the standards set by rule under this section and s. 49.687
. The person shall enter into an agreement with the comprehensive hemophilia treatment center for a maintenance program to be followed by that person as a condition for continued eligibility. The physician director or a designee shall, at least once in each 6-month period, review the maintenance program and verify that the person is complying with the program.
(5) Recovery from other sources.
The department is responsible for payments for blood products and supplies used in home care by persons participating in the program. The department may enter into agreements with comprehensive hemophilia treatment centers under which the treatment center assumes the responsibility for recovery of the payments from a 3rd party, including any insurer.
The department shall, by rule, establish a reasonable cost for blood products and supplies used in home care as a basis of reimbursement under this section.
Reimbursement shall not be made under this section for any blood products or supplies which are not purchased from or provided by a comprehensive hemophilia treatment center, or a source approved by the treatment center. Reimbursement shall not be made under this section for any portion of the costs of blood products or supplies which are payable under any other state or federal program or under any grant, contract and any other contractual arrangement.
The reasonable cost, determined under par. (a)
, of blood products and supplies used in home care for which reimbursement is not prohibited under par. (b)
, shall be reimbursed under this section after deduction of the patient's liability, determined under sub. (7)
The percentage of the patient's liability for the reasonable costs for blood products and supplies which are determined to be eligible for reimbursement under sub. (6)
shall be based upon the income and the size of the person's family unit, according to standards to be established by the department under s. 49.687
In determining income, only the income of the patient and persons responsible for the patient's support under s. 49.90
may be considered.
In determining family size, only persons who are related to the patient as parent, spouse, legal dependent or, if under the age of 18, as brother or sister may be considered.
In determining net worth, only the net worth of the patient and persons responsible for the patient's support under s. 49.90
will be considered.
Individual liability shall be determined at the time of initial treatment and shall be redetermined annually or upon the patient's notification to the department of a change in family size or financial condition.
(8) Department's duties.
The department shall: