50.065 (2) (ag) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity may not hire employ or contract with a person who will be under the entity's control, as defined by the department by rule, and who has, or is expected to have, access to its clients, or permit to reside at the entity a person who is not a client and who has, or is expected to have, access to a client, if the entity knows or should have known any of the following:
27,2061
Section 2061
. 50.09 (6) (d) of the statutes is amended to read:
50.09 (6) (d) The facility shall attach a statement, which summarizes complaints or allegations of violations of rights established under this section, to an application for a new license or a renewal of its license. Such the report required under s. 50.03 (4) (c) 1. or 2. The statement shall contain the date of the complaint or allegation, the name of the persons involved, the disposition of the matter and the date of disposition. The department shall consider such the statement in reviewing the application report.
27,2062
Section 2062
. 50.13 of the statutes is amended to read:
50.13 Fees permitted for a workshop or seminar. If the department develops and provides a workshop or seminar relating to the provision of service by facilities, adult family homes or residential care apartment complexes under this subchapter, the department may establish a fee for each workshop or seminar and impose the fee on registrants for the workshop or seminar. A fee so established and imposed shall be in an amount sufficient to reimburse the department for the costs directly associated with developing and providing the workshop or seminar.
27,2062m
Section 2062m. 50.135 (2) (c) of the statutes is amended to read:
50.135 (2) (c) The fees collected under par. (a) shall be credited to the appropriation appropriations under s. 20.435 (1) (gm) and (6) (jm) as specified in those appropriations for licensing, review and certifying activities.
27,2064
Section 2064
. 50.355 of the statutes is created to read:
50.355 Reporting. Every 12 months, on a schedule determined by the department, an approved hospital shall submit an annual report in the form and containing the information that the department requires, including payment of the fee required under s. 50.135 (2) (a). If a complete annual report is not timely filed, the department shall issue a warning to the holder of the certificate for approval. The department may revoke approval for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.
27,2065
Section 2065
. 50.49 (2) (b) of the statutes is amended to read:
50.49 (2) (b) The department shall, by rule, set a license fee to be paid by home health agencies. The fee for license renewal shall be based on the annual net income, as determined by the department, of a home health agency.
27,2066
Section 2066
. 50.49 (6) (title) of the statutes is amended to read:
50.49 (6) (title) Issuance of license; inspection and investigation; annual renewal; nontransferable report; nontransferability; content.
27,2067
Section 2067
. 50.49 (6) (a) of the statutes is amended to read:
50.49 (6) (a) The department shall issue a home health agency license if the applicant is fit and qualified, and if the home health agencies meet home health agency meets the requirements established by this section. The department, or its designated representatives, shall make such inspections and investigations as are necessary to determine the conditions existing in each case and file written reports. Each licensee shall annually file a report with the department.
27,2068
Section 2068
. 50.49 (6) (b) of the statutes is amended to read:
50.49 (6) (b) A home health agency license, unless sooner is valid until suspended or revoked
, shall be renewable at least biennially upon filing by the licensee, payment of the license fee and approval by the department of an annual report and application for renewal on forms provided by the department.
27,2069
Section 2069
. 50.49 (6) (c) of the statutes is amended to read:
50.49 (6) (c) Each license shall be issued only for the home health agency named in the application and shall not be is not transferable or assignable.
If application for renewal is not so filed, such license is automatically canceled as of the date of its expiration. Any license granted shall state such additional information and special limitations as the department, by rule, prescribes.
27,2070
Section 2070
. 50.49 (6) (d) of the statutes is created to read:
50.49 (6) (d) Every 12 months, on a schedule determined by the department, a licensed home health agency shall submit an annual report in the form and containing the information that the department requires, including payment of the fee required under sub. (2) (b). If a complete annual report is not timely filed, the department shall issue a warning to the licensee. The department may revoke the license for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.
27,2072
Section 2072
. 50.495 of the statutes is created to read:
50.495 Fees permitted for a workshop or seminar. If the department develops and provides a workshop or seminar relating to the provision of services by hospitals and home health agencies under this subchapter, the department may establish a fee for each workshop or seminar and impose the fee on registrants for the workshop or seminar. A fee so established and imposed shall be in an amount sufficient to reimburse the department for the costs directly associated with developing and providing the workshop or seminar.
27,2073
Section 2073
. 50.51 (2) (b) of the statutes is amended to read:
50.51 (2) (b) Minimum requirements for issuance of a provisional license, or a regular initial license or a license renewal to rural medical centers.
27,2074
Section 2074
. 50.51 (2) (c) of the statutes is amended to read:
50.51 (2) (c) Fees for rural medical center provisional licensure and regular initial licensure and licensure renewal. The amounts of the fees shall be based on the health care services provided by the rural medical center.
27,2075
Section 2075
. 50.52 (2) (intro.) of the statutes is amended to read:
50.52 (2) (intro.) The department shall issue a provisional license, or a regular
initial license or a license renewal as a rural medical center to an applicant if all of the following are first done:
27,2075c
Section 2075c. 50.52 (2) (a) of the statutes is amended to read:
50.52 (2) (a) The applicant pays the appropriate license fee, as established under s. 50.51 (2) (c). Fees collected under this paragraph shall be credited to the appropriation under s. 20.435 (1) (gm) (6) (jm) for licensing and inspection activities.
27,2076
Section 2076
. 50.52 (4) of the statutes is amended to read:
50.52 (4) Unless sooner revoked or suspended, a A regular initial license or a license renewal issued to a rural medical center is valid for 24 months from the date of issuance and a until it is suspended or revoked. A provisional license issued to a rural medical center is valid for 6 months from the date of issuance.
27,2077
Section 2077
. 50.535 of the statutes is created to read:
50.535 Reporting. Every 24 months, on a schedule determined by the department, a licensed rural medical center shall submit a biennial report in the form and containing the information that the department requires, including payment of the fee required under s. 50.51 (2) (c). If a complete annual report is not timely filed, the department shall issue a warning to the licensee. The department may revoke the license for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.
27,2078
Section 2078
. 50.56 (1) (intro.) of the statutes is amended to read:
50.56 (1) (intro.) Any of the following facilities or entities is not required to obtain licensure or a certificate of approval under the following statutes or to pay initial or renewal license fees under the following statutes if all of the services of the facility or entity are provided as a part of a rural medical center that holds a current, valid license under this subchapter:
27,2079
Section 2079
. 50.57 of the statutes is created to read:
50.57 Fees permitted for a workshop or seminar. If the department develops and provides a workshop or seminar relating to the provision of services by rural medical centers under this subchapter, the department may establish a fee for each workshop or seminar and impose the fee on registrants for the workshop or seminar. A fee so established and imposed shall be in an amount sufficient to reimburse the department for the costs directly associated with developing and providing the workshop or seminar.
27,2080
Section 2080
. 50.92 (2) of the statutes is amended to read:
50.92 (2) The department shall issue an initial license or a renewal of a license if the department finds that the applicant is fit and qualified and that the hospice meets the requirements of this subchapter and the rules promulgated under this subchapter.
27,2081
Section 2081
. 50.92 (4) (a) of the statutes is amended to read:
50.92 (4) (a) In lieu of inspecting or investigating a hospice under sub. (3) prior to issuance of an initial a license, the department may accept evidence that a hospice applying for licensure under s. 50.93 has been inspected under and is currently certified as meeting the conditions for medicare participation under 42 USC 1395 to 1395ccc. In lieu of inspecting or investigating a hospice under sub. (3) prior to issuance of a license renewal, the department shall accept evidence that a hospice applying for licensure under s. 50.93 has been inspected under and is currently certified as meeting the conditions for medicare participation under 42 USC 1395 to 1395ccc. The department shall inspect or investigate under sub. (3) prior to issuance of an initial license or a renewal of a license If a hospice that fails to meet the conditions for medicare participation under 42 USC 1395 to 1395ccc, the department shall inspect or investigate the hospice under sub. (3) before initially issuing a license for the hospice.
27,2082
Section 2082
. 50.92 (4) (b) of the statutes is amended to read:
50.92 (4) (b) In lieu of inspecting or investigating a hospice under sub. (3) prior to issuance of an initial license or a renewal of a license, the department may accept evidence that a hospice applying for licensure under s. 50.93 has been inspected under and is currently in compliance with the hospice requirements of the joint commission for the accreditation of health organizations. A hospice shall provide the department with a copy of the report by the joint commission for the accreditation of health organizations of each periodic review the association conducts of the hospice.
27,2083
Section 2083
. 50.92 (5) of the statutes is amended to read:
50.92 (5) The past record of violations of applicable laws or regulations of the United States or of state statutes or rules of this or any other state, in the operation of any health-related organization, by an operator, managing employe or direct or indirect owner of a hospice or of an interest of a hospice is relevant to the issue of the fitness of an applicant for receipt of an initial license or the renewal of a license. The department or the department's designated representative shall inspect and investigate as necessary to determine the conditions existing in each case under this subsection and shall prepare and maintain a written report concerning the investigation and inspection.
27,2084
Section 2084
. 50.93 (1) (intro.) of the statutes is amended to read:
50.93 (1) Application. (intro.) The application for an initial license, for renewal of a license or for a provisional license shall:
27,2085
Section 2085
. 50.93 (1) (c) of the statutes is amended to read:
50.93 (1) (c) Include licensing fee payment, unless the licensing fee is waived by the department on a case-by-case basis under criteria for determining financial hardship established in rules promulgated by the department. An initial licensing fee is $300, except that, for a hospice that is a nonprofit corporation and that is served entirely by uncompensated volunteers or employs persons in not more than 1.5 positions at 40 hours of employment per week, the initial licensing fee is $25. The renewal annual fee thereafter is an amount equal to 0.15% of the net annual income of the hospice, based on the most recent annual report of the hospice under par. (d)
sub. (3m), or, if that amount is less than $200, the renewal fee is $200, whichever is greater, and if that the amount equal to 0.15% of the net annual income of the hospice is greater than $1,000, the renewal fee is $1,000, except that for a hospice that is a nonprofit corporation and that is served entirely by uncompensated volunteers or employs persons in not more than 1.5 positions at 40 hours of employment per week the renewal annual fee is $10. The amount of the provisional licensing fee shall be established under s. 50.95 (2). The initial licensing fee for
an initial license a hospice, including the initial licensing fee for a hospice that is a nonprofit corporation and that is served entirely by uncompensated volunteers or employs persons in not more than 1.5 positions at 40 hours of employment per week, issued after September 1 shall may be prorated according to the number of full months remaining in the license period.
27,2086
Section 2086
. 50.93 (1) (d) of the statutes is repealed.
27,2087
Section 2087
. 50.93 (2) (title) of the statutes is amended to read:
50.93 (2) (title) Issuance of
initial license or license renewal.
27,2088
Section 2088
. 50.93 (2) (a) of the statutes is amended to read:
50.93 (2) (a) Unless sooner revoked or suspended, an initial A hospice license or renewal of a license issued to a hospice is valid for 12 months from the date of issuance until suspended or revoked.
27,2089
Section 2089
. 50.93 (2) (b) of the statutes is repealed.
27,2090
Section 2090
. 50.93 (2) (d) of the statutes is amended to read:
50.93 (2) (d) Any initial license
or renewal of a license shall state any additional information or granted under special limitations prescribed by the department shall state the limitations.
27,2092
Section 2092
. 50.93 (3m) of the statutes is created to read:
50.93 (3m) Reporting. Every 12 months, on a schedule determined by the department, a licensed hospice shall submit an annual report in the form and containing the information that the department requires, including payment of the fee required under sub. (1) (c), evidence of current certification as meeting the conditions for medicare participation under 42 USC 1395 to 1395ccc and evidence of current compliance with the hospice requirements of the joint commission for the accreditation of health organizations. If a complete annual report is not timely filed, the department shall issue a warning to the licensee. The department may revoke the license for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.
27,2093
Section 2093
. 50.93 (4) (title) of the statutes is amended to read:
50.93 (4) (title) Suspension
, nonrenewal and revocation.
27,2094
Section 2094
. 50.93 (4) (a) of the statutes is amended to read:
50.93 (4) (a) The department, after notice to the applicant or licensee, may suspend, or revoke or refuse to renew a license in any case in which the department finds that there has been a substantial failure to comply with the requirements of this subchapter or the rules promulgated under this subchapter. No state or federal funds passing through the state treasury may be paid to a hospice not having a valid license issued under this section.
27,2095
Section 2095
. 50.93 (4) (b) of the statutes is amended to read:
50.93 (4) (b) Notice under this subsection shall include a clear and concise statement of the violations on which the nonrenewal or revocation is based, the statute or rule violated and notice of the opportunity for an evidentiary hearing under par. (c).
27,2096
Section 2096
. 50.93 (4) (c) of the statutes is amended to read:
50.93 (4) (c) If a hospice desires to contest the
nonrenewal or revocation of a license, the hospice shall, within 10 days after receipt of notice under par. (b), notify the department in writing of its request for a hearing under s. 227.44.
27,2097
Section 2097
. 50.93 (4) (d) 2. of the statutes is repealed.
27,2098
Section 2098
. 50.93 (4) (d) 3. of the statutes is amended to read:
50.93 (4) (d) 3. The department may extend the effective date of license revocation or expiration in any case in order to permit orderly removal and relocation of individuals served by the hospice.
27,2100
Section 2100
. 50.95 (5) of the statutes is amended to read:
50.95 (5) Criteria for determining that the applicant for initial licensure or license renewal is fit and qualified.
27,2101
Section 2101
. 50.981 of the statutes is created to read:
50.981 Fees permitted for a workshop or seminar. If the department develops and provides a workshop or seminar relating to the provision of services by hospices under this subchapter, the department may establish a fee for each workshop or seminar and impose the fee on registrants for the workshop or seminar. A fee so established and imposed shall be in an amount sufficient to reimburse the department for the costs directly associated with developing and providing the workshop or seminar.
27,2106b
Section 2106b. 51.05 (3g) of the statutes is amended to read:
51.05 (3g) Beginning October 1, 1994, the The department shall annually increase rates charged for the various types of services provided by the mental health institutes by amounts that equal an average of at least a 10% total increase in rates reduce by $500,000 the amount by which accumulated expenses of providing care to patients of the mental health institutes exceed the accumulated revenues from providing that care, until the accumulated revenues of the mental health institutes are in balance with the accumulated expenses of the mental health institutes.
27,2107
Section 2107
. 51.05 (3m) of the statutes is amended to read:
51.05 (3m) Notwithstanding s. 20.903 (1), the department shall implement a plan that is approved by the department of administration to assure that, before July 1, 1999, there are sufficient revenues, as projected by the department of health and family services, to cover anticipated expenditures by that date under the appropriation under s. 20.435 (2) (gk) for the purpose of reimbursing the provision of care to patients of the Mendota mental health institute or the Winnebago mental health institute and to ensure that the department complies with sub. (3g). The department of health and family services shall make reports to the department of administration every 3 months, beginning on October 1, 1993, and ending on July 1, 1999, concerning the implementation of this plan. The department of health and family services shall make reports to the joint committee on finance by December 31 of each year that identify the change, during the preceding fiscal year, in the amount by which the accumulated expenses of providing care to patients of the mental health institutes exceed the accumulated revenues from providing that care; describe the actions taken by the department during the preceding fiscal year to reduce that amount; and describe the actions that the department is taking during the current year to reduce that amount.
27,2108
Section 2108
. 51.05 (5) of the statutes is amended to read:
51.05 (5) School activities. If an individual over the age of 2 and under the age of 22 and eligible for schooling under ss. 115.76 (2) and 115.85 is committed, admitted or transferred to or is a resident of the Mendota mental health institute or Winnebago mental health institute, the individual shall attend a school program operated by the applicable mental health institute or a school outside the applicable mental health institute which is approved by the department of education public instruction. A school program operated by the Mendota mental health institute or Winnebago mental health institute shall be under the supervision of the department of education public instruction and shall meet standards prescribed by that agency.
27,2110
Section 2110
. 51.06 (2) of the statutes is amended to read:
51.06 (2) School activities. If an individual over the age of 2 years and under the age of 22 years and eligible for schooling under ss. 115.76 (2) and 115.85 is admitted to, is placed in or is a resident of a center, the individual shall attend a school program operated by the center or a school outside the center which is approved by the department of education public instruction. A school program operated by the center shall be under the supervision of the department of education public instruction and shall meet standards prescribed by that agency.
27,2111
Section 2111
. 51.07 (3) of the statutes is amended to read:
51.07 (3) The department may provide outpatient services only to patients contracted for with county departments under ss. 51.42 and 51.437 in accordance with s. 46.03 (18), except for those patients whom the department finds to be nonresidents of this state and those patients specified in sub. (4) (a). The full and actual cost less applicable collections of such services contracted for with county departments under s. 51.42 or 51.437 shall be charged to the respective county department under s. 51.42 or 51.437. The state shall provide the services required for patient care only if no such outpatient services are funded by the department in the county or group of counties served by the respective county department under s. 51.42 or 51.437.
27,2112
Section 2112
. 51.07 (4) of the statutes is created to read:
51.07 (4) (a) The department may provide outpatient services at the Winnebago Mental Health Institute to a patient who is a pupil of a school district that contracts with the department for the provision of those services. The department shall charge the full and actual cost of those services contracted for to the school district in which the patient is enrolled.
(b) If the Winnebago Mental Health Institute has provided a pupil of a school district with the services contracted for under par. (a), the department shall regularly bill the school district for the services provided and, subject to the provisions of the contract, the school district shall pay the amount due within 60 days after the billing date.
