2003 - 2004 LEGISLATURE
November 10, 2003 - Introduced by Representatives Krusick, Underheim,
Berceau, Boyle, Gunderson, Hahn, Hines, Jeskewitz, Krawczyk, Olsen, Ott,
Pope-Roberts, Shilling, Taylor, Van Roy and Zepnick, cosponsored by
Senators Roessler, Carpenter and Risser. Referred to Committee on Aging
and Long-Term Care.
1An Act to renumber and amend
50.09 (title), 50.09 (2), 2
(4) and (5) and 50.09 (6) (a), (b) and (d); and to create
16.009 (1) (em) 7., 20.432 3
(1) (gt), 50.034 (3) (e), 50.034 (9) and 50.09 (1g) of the statutes; relating to:
4authorizing access by the long-term care ombudsman or his or her
5representative to a client or resident in a residential care apartment complex,
6imposing an annual assessment on occupied apartments of residential care
7apartment complexes, expanding rights of residents of facilities to include
8residents of residential care apartment complexes, requiring posting of a
9notice, requiring the exercise of rule-making authority, and making an
Analysis by the Legislative Reference Bureau
Under current law, under the Long-Term Care Ombudsman Program, the
long-term care ombudsman or his or her designated representative may enter a
long-term care facility at any time, without notice, and have access to clients and
residents of the facility. "Long-term care facility" is defined to be a nursing home,
a community-based residential facility, a place in which care is provided under a
continuing care contract, a swing bed in an acute care or extended care facility, or an
adult family home. The ombudsman or representative may communicate in private
with a client or resident, review records with consent of the client or resident or his
or her legal counsel, and have access to records of the long-term care facility or of the
the Department of Health and Family Services (DHFS) concerning regulation of the
long-term care facility.
Also under current law, residential care apartment complexes are certified or
registered and otherwise regulated by DHFS. A "residential care apartment
complex" is defined as a place where five or more adults reside that consists of
independent apartments, each of which has an individual lockable entrance and exit,
a kitchen with a stove, and individual bathroom, sleeping and living areas, and that
provides to a resident not more than 28 hours per week of supportive, personal, and
Lastly, current law specifies rights of residents of nursing homes and
community-based residential facilities, including the rights to have private and
unrestricted communication with others, to present grievances without justifiable
fear of reprisal, and to be fully informed of all services, charges for services, and
changes in service.
This bill expands the definition of a long-term care facility, for purposes of
activities by the long-term care ombudsman or his or her designated representative,
to include residential care apartment complexes.
The bill imposes an assessment on each residential care apartment complex of
$12 per year per occupied apartment, which must be paid annually by the complex
to DHFS by July 1, based on occupied apartments for the complex for the preceding
June. The assessment must be enforced and collected by DHFS and credited to an
appropriation of program revenues for expenditure by the Board on Aging and
Long-Term Care for activities under the Long-Term Care Ombudsman Program in
residential care apartment complexes.
The bill also includes residents of residential care apartment complexes as
persons entitled to the rights that are specified under current law for residents of
nursing homes and community-based residential facilities.
Finally, the bill requires a residential care apartment complex to post in a
conspicuous location a notice of the name, address, and telephone number of the
Long-Term Care Ombudsman Program.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB644, s. 1
16.009 (1) (em) 7. of the statutes is created to read:
(em) 7. A residential care apartment complex, as defined in s. 50.01 3
AB644, s. 2
20.005 (3) (schedule) of the statutes: at the appropriate place, insert 2
the following amounts for the purposes indicated:
- See PDF for table
AB644, s. 3
20.432 (1) (gt) of the statutes is created to read:
(gt) Activities in residential care apartment complexes.
The amounts 5
in the schedule for long-term care ombudsman program activities in residential care 6
apartment complexes. All moneys received under s. 50.034 (9) shall be credited to 7
this appropriation account.
AB644, s. 4
50.034 (3) (e) of the statutes is created to read:
(e) Post in a conspicuous location in the residential care apartment 10
complex a notice, provided by the board on aging and long-term care, of the name, 11
address, and telephone number of the Long-Term Care Ombudsman Program under 12
s. 16.009 (2) (b).
AB644, s. 5
50.034 (9) of the statutes is created to read:
50.034 (9) Assessment on occupied apartments.
(a) In this subsection, 15
"complex" means a certified or registered residential care apartment complex.
(b) For the privilege of doing business in this state, there is imposed on all 17
occupied apartments of a complex an annual assessment that shall be credited to the 18
appropriation account under s. 20.432 (1) (gt) and that is $12 per apartment.
(c) By July 1 annually, a complex shall submit to the department the amount 2
due under par. (b) for each occupied apartment of the complex for the preceding June. 3
The department shall verify the number of apartments of a complex and, if necessary, 4
make adjustments to the payment, notify the complex of changes in the payment 5
owing, and send the complex an invoice for the additional amount due or send the 6
complex a refund.
(d) Sections 77.59 (1) to (5), (6) (intro.), (a), and (c), and (7) to (10), 77.60 (1) to 8
(7), (9), and (10), 77.61 (9) and (12) to (14), and 77.62, as they apply to the taxes under 9
subch. III of ch. 77, apply to the assessment under this subsection.
(e) 1. The department shall enforce and collect the assessment under this 11
subsection and shall develop and distribute forms necessary for levying and 12
2. The department shall promulgate rules that establish procedures and 14
requirements for levying the assessment under this subsection.
(f) 1. An affected complex may contest an action by the department under this 16
subsection by submitting a written request for a hearing to the department within 17
30 days after the date of the department's action.
2. An order or determination made by the department under a hearing as 19
specified in subd. 1. is subject to judicial review as prescribed under ch. 227.
AB644, s. 6
50.09 (title) of the statutes is amended to read:
(title) Rights of residents in certain facilities and complexes.
AB644, s. 7
50.09 (1) of the statutes is renumbered 50.09 (1m), and 50.09 (1m) 23
(intro.), (b), (c), (e), (f) 1. and 3., (g), (j) (intro.) and 2. (intro.) and a. and (L), as 24
renumbered, are amended to read:
50.09 (1m) Residents' rights.
(intro.) Every resident in a nursing home or
facility or a complex
shall, except as provided in sub. 3
(5), have the right to:
(b) Present grievances on the resident's own behalf or others to the facility's 5
staff or administrator of the facility or complex
, to public officials or to any other 6
person without justifiable fear of reprisal, and to join with other residents or 7
individuals within or outside of the facility or complex
to work for improvements in 8
(c) Manage the resident's own financial affairs, including any personal 10
allowances under federal or state programs, unless the resident delegates, in 11
writing, such responsibility to the facility or complex
and the facility or complex 12
accepts the responsibility or unless the resident delegates to someone else of the 13
resident's choosing and that person accepts the responsibility. The resident shall 14
receive, upon written request by the resident or guardian, a written monthly account 15
of any financial transactions made by the facility or complex
under such a delegation 16
(e) Be treated with courtesy, respect and full recognition of the resident's 18
dignity and individuality, by all employees of the facility or complex
and licensed, 19
certified or registered providers of health care and pharmacists with whom the 20
resident comes in contact.
(f) 1. Privacy for visits by spouse. If both spouses are residents of the same 22
facility or complex
, they shall be permitted to share a room or apartment
medically contraindicated as documented by the resident's physician in the 24
resident's medical record.
3. Confidentiality of health and personal records, and the right to approve or 2
refuse their release to any individual outside the facility or complex
, except in the 3
case of the resident's transfer to another facility or complex
or as required by law or 4
3rd-party payment contracts and except as provided in s. 146.82 (2) and (3).
(g) Not to be required to perform services for the facility or complex
that are not 6
included for therapeutic purposes in the resident's plan of care.
(j) (intro.) Be transferred or discharged, and be given reasonable advance notice 8
of any planned transfer or discharge, and an explanation of the need for and 9
alternatives to the transfer or discharge. The facility or complex
to which the 10
resident is to be transferred must have accepted the resident for transfer, except in 11
a medical emergency or if the transfer or discharge is for nonpayment of charges 12
following a reasonable opportunity to pay a deficiency. No person may be 13
involuntarily discharged for nonpayment under this paragraph if the person meets 14
all of the following conditions:
2. (intro.) The funding of his or her care in the nursing home or
facility under s. 49.45 (6m) is reduced or terminated 17
because of one of the following:
a. He or she requires a level or type of care which is not provided by the nursing
19home or community-based residential
(L) Receive adequate and appropriate care within the capacity of the facility 21or complex
AB644, s. 8
50.09 (1g) of the statutes is created to read:
In this section, "complex" means a residential care apartment 24
AB644, s. 9
50.09 (2), (4) and (5) of the statutes are amended to read: