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 1Section 1. 16.009 (1) (em) 7. of the statutes is created to read:
AB644,2,32 16.009 (1) (em) 7. A residential care apartment complex, as defined in s. 50.01
3(1d).
AB644, s. 2
1Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated: - See PDF for table PDF
AB644, s. 3 3Section 3. 20.432 (1) (gt) of the statutes is created to read:
AB644,3,74 20.432 (1) (gt) Activities in residential care apartment complexes. The amounts
5in the schedule for long-term care ombudsman program activities in residential care
6apartment complexes. All moneys received under s. 50.034 (9) shall be credited to
7this appropriation account.
AB644, s. 4 8Section 4. 50.034 (3) (e) of the statutes is created to read:
AB644,3,129 50.034 (3) (e) Post in a conspicuous location in the residential care apartment
10complex a notice, provided by the board on aging and long-term care, of the name,
11address, and telephone number of the Long-Term Care Ombudsman Program under
12s. 16.009 (2) (b).
AB644, s. 5 13Section 5. 50.034 (9) of the statutes is created to read:
AB644,3,1514 50.034 (9) Assessment on occupied apartments. (a) In this subsection,
15"complex" means a certified or registered residential care apartment complex.
AB644,3,1816 (b) For the privilege of doing business in this state, there is imposed on all
17occupied apartments of a complex an annual assessment that shall be credited to the
18appropriation account under s. 20.432 (1) (gt) and that is $12 per apartment.
AB644,4,6
1(c) By July 1 annually, a complex shall submit to the department the amount
2due under par. (b) for each occupied apartment of the complex for the preceding June.
3The department shall verify the number of apartments of a complex and, if necessary,
4make adjustments to the payment, notify the complex of changes in the payment
5owing, and send the complex an invoice for the additional amount due or send the
6complex a refund.
AB644,4,97 (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
9subch. III of ch. 77, apply to the assessment under this subsection.
AB644,4,1210 (e) 1. The department shall enforce and collect the assessment under this
11subsection and shall develop and distribute forms necessary for levying and
12collection.
AB644,4,1413 2. The department shall promulgate rules that establish procedures and
14requirements for levying the assessment under this subsection.
AB644,4,1715 (f) 1. An affected complex may contest an action by the department under this
16subsection by submitting a written request for a hearing to the department within
1730 days after the date of the department's action.
AB644,4,1918 2. An order or determination made by the department under a hearing as
19specified in subd. 1. is subject to judicial review as prescribed under ch. 227.
AB644, s. 6 20Section 6. 50.09 (title) of the statutes is amended to read:
AB644,4,21 2150.09 (title) Rights of residents in certain facilities and complexes.
AB644, s. 7 22Section 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
24renumbered, are amended to read:
AB644,5,3
150.09 (1m) Residents' rights. (intro.) Every resident in a nursing home or
2community-based residential
facility or a complex shall, except as provided in sub.
3(5), have the right to:
AB644,5,84 (b) Present grievances on the resident's own behalf or others to the facility's
5staff or administrator of the facility or complex, to public officials or to any other
6person without justifiable fear of reprisal, and to join with other residents or
7individuals within or outside of the facility or complex to work for improvements in
8resident care.
AB644,5,169 (c) Manage the resident's own financial affairs, including any personal
10allowances under federal or state programs, unless the resident delegates, in
11writing, such responsibility to the facility or complex and the facility or complex
12accepts the responsibility or unless the resident delegates to someone else of the
13resident's choosing and that person accepts the responsibility. The resident shall
14receive, upon written request by the resident or guardian, a written monthly account
15of any financial transactions made by the facility or complex under such a delegation
16of responsibility.
AB644,5,2017 (e) Be treated with courtesy, respect and full recognition of the resident's
18dignity and individuality, by all employees of the facility or complex and licensed,
19certified or registered providers of health care and pharmacists with whom the
20resident comes in contact.
AB644,5,2421 (f) 1. Privacy for visits by spouse. If both spouses are residents of the same
22facility or complex, they shall be permitted to share a room or apartment unless
23medically contraindicated as documented by the resident's physician in the
24resident's medical record.
AB644,6,4
13. Confidentiality of health and personal records, and the right to approve or
2refuse their release to any individual outside the facility or complex, except in the
3case of the resident's transfer to another facility or complex or as required by law or
43rd-party payment contracts and except as provided in s. 146.82 (2) and (3).
AB644,6,65 (g) Not to be required to perform services for the facility or complex that are not
6included for therapeutic purposes in the resident's plan of care.
AB644,6,147 (j) (intro.) Be transferred or discharged, and be given reasonable advance notice
8of any planned transfer or discharge, and an explanation of the need for and
9alternatives to the transfer or discharge. The facility or complex to which the
10resident is to be transferred must have accepted the resident for transfer, except in
11a medical emergency or if the transfer or discharge is for nonpayment of charges
12following a reasonable opportunity to pay a deficiency. No person may be
13involuntarily discharged for nonpayment under this paragraph if the person meets
14all of the following conditions:
AB644,6,1715 2. (intro.) The funding of his or her care in the nursing home or
16community-based residential
facility under s. 49.45 (6m) is reduced or terminated
17because of one of the following:
AB644,6,1918 a. He or she requires a level or type of care which is not provided by the nursing
19home or community-based residential
facility.
AB644,6,2120 (L) Receive adequate and appropriate care within the capacity of the facility
21or complex.
AB644, s. 8 22Section 8. 50.09 (1g) of the statutes is created to read:
AB644,6,2423 50.09 (1g) In this section, "complex" means a residential care apartment
24complex.
AB644, s. 9 25Section 9. 50.09 (2), (4) and (5) of the statutes are amended to read:
AB644,7,4
150.09 (2) The department, in establishing standards for nursing homes and
2community-based residential
facilities and complexes may establish, by rule, rights
3in addition to those specified in sub. (1) (1m) for residents in such facilities or
4complexes
.
AB644,7,13 5(4) Each facility or complex shall make available a copy of the rights and
6responsibilities established under this section and the facility's rules of the facility
7or complex
to each resident and each resident's legal representative, if any, at or prior
8to the time of admission to the facility or complex, to each person who is a resident
9of the facility or complex, and to each member of the facility's staff of the facility or
10complex
. The rights, responsibilities and rules shall be posted in a prominent place
11in each facility or complex. Each facility or complex shall prepare a written plan and
12provide appropriate staff training to implement each resident's rights established
13under this section.
AB644,7,17 14(5) Rights established under this section shall not, except as determined by the
15department of corrections, be applicable to residents in such facilities or complexes,
16if the resident is in the legal custody of the department of corrections and is a
17correctional client in such a facility or complex.
AB644, s. 10 18Section 10. 50.09 (6) (a), (b) and (d) of the statutes are amended to read:
AB644,7,2219 50.09 (6) (a) Each facility or complex shall establish a system of reviewing
20complaints and allegations of violations of residents' rights established under this
21section. The facility or complex shall designate a specific individual who, for the
22purposes of effectuating this section, shall report to the administrator.
AB644,8,523 (b) Allegations of violations of such rights by persons licensed, certified or
24registered under chs. 441, 446 to 450, 455 and 456 shall be promptly reported by the
25facility or complex to the appropriate licensing, examining or affiliated credentialing

1board and to the person against whom the allegation has been made. Any employee
2of the facility or complex and any person licensed, certified or registered under chs.
3441, 446 to 450, 455 and 456 may also report such allegations to the board. Such The
4board may make further investigation and take such disciplinary action, within the
5board's statutory authority, as the case requires.
AB644,8,116 (d) The facility or complex shall attach a statement, which summarizes
7complaints or allegations of violations of rights established under this section, to the
8report required under s. 50.03 (4) (c) 1. or 2. The statement shall contain the date
9of the complaint or allegation, the name of the persons involved, the disposition of
10the matter and the date of disposition. The department shall consider the statement
11in reviewing the report.
AB644, s. 11 12Section 11. Nonstatutory provisions; board on aging and long-term
care.
AB644,8,1713 (1) Residential care apartment complex activities. The authorized FTE
14positions for the board on aging and long-term care are increased by 1.0 PR position
15on July 1, 2004, to be funded from the appropriation account under section 20.432
16(1) (gt) of the statutes, as created by this act, for the purpose of performing long-term
17care ombudsman activities in residential care apartment complexes.
AB644, s. 12 18Section 12. Nonstatutory provisions; health and family services.
AB644,8,1919 (1) Assessments on residential care apartment complexes; rules.
AB644,8,2420 (a) The department of health and family services shall submit in proposed form
21the rules required under section 50.034 (9) (e) 2. of the statutes, as created by this
22act, to the legislative council staff under section 227.15 (1) of the statutes no later
23than the first day of the 4th month beginning after the effective date of this
24paragraph.
AB644,9,10
1(b) Using the procedure under section 227.24 of the statutes, the department
2of health and family services may promulgate rules required under section 50.034
3(9) (e) 2. of the statutes, as created by this act, for the period before the effective date
4of the rules submitted under paragraph (a ), but not to exceed the period authorized
5under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24
6(1) (a), (2) (b), and (3) of the statutes, the department is not required to provide
7evidence that promulgating a rule under this paragraph as an emergency rule is
8necessary for the preservation of the public peace, health, safety, or welfare and is
9not required to provide a finding of emergency for a rule promulgated under this
10paragraph.
AB644, s. 13 11Section 13. Initial applicability.
AB644,9,1412 (1) Assessments on residential care apartment complexes. The treatment of
13section 50.034 (9) of the statutes first applies to an assessment due from a residential
14care apartment complex for June 2004.
AB644, s. 14 15Section 14. Effective date.
AB644,9,1616 (1) This act takes effect on July 1, 2004.
AB644,9,1717 (End)
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