AB921: Bill Text

LRB-4417/1

TJD:kjf

2015 - 2016 LEGISLATURE

2015 Assembly BILL 921

February 16, 2016 - Introduced by Representatives Kleefisch, Berceau, Brandtjen, Murphy, Schraa, Skowronski, Subeck, Barnes, Sinicki, Johnson and Goyke, cosponsored by Senators Darling, Carpenter and Harris Dodd. Referred to Committee on Health.

AB921,1,2 An Act to create 46.051 and 49.45 (2) (a) 11. bm. of the statutes; relating to: facilities serving persons with traumatic brain injuries.

Analysis by the Legislative Reference Bureau

This bill requires the Department of Health Services to establish a licensure program for facilities for persons with traumatic brain injuries and to certify as a provider for the Medical Assistance program any facility that it licenses under that program. The bill requires DHS to license facilities that meet its criteria including certain criteria specified in the bill. The bill also sets certain resident care, plan review, and reporting requirements on the facilities. DHS is required to certify as a provider for the Medical Assistance program any facility that it licenses.

For further information see the state 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:

AB921,1 Section 1. 46.051 of the statutes is created to read:

AB921,1,5 46.051 Facilities for persons with traumatic brain injuries. (1) Definitions. In this section:

AB921,2,3 (a) "Facility for persons with traumatic brain injuries" means a facility or portion of a facility in which all of the facility's residents have a traumatic brain injury.

AB921,2,7 (b) "Traumatic brain injury" means a severe brain injury with coma, external trauma to the head, encephalitis, encephalopathy, meningitis, anoxia, severe hypoxia, stroke occurring before an individual has attained the age of 22, or brain tumor.

AB921,2,15 (2) Licensure program; application. The department shall establish a licensure program for facilities for persons with traumatic brain injuries within 30 days after the effective date of this subsection .... [LRB inserts date]. The department shall create an application process for facilities for persons with traumatic brain injuries to be licensed under this section. The department may require an applicant to submit an application fee. The department shall determine whether an applicant is eligible for licensure under sub. (3) within 30 days of the date the department receives the application.

AB921,2,17 (3) License eligibility. The department shall license facilities for persons with traumatic brain injuries that meet its criteria, including all of the following:

AB921,2,19 (a) The facility has a capacity of 4 to 16 individuals who need and receive active treatment and health services.

AB921,2,21 (b) The facility meets administrative and billing requirements to be certified as a provider for Medical Assistance under s. 49.45 (2) (a) 11. a.

AB921,2,23 (c) The facility serves individuals who are require rehabilitation services to be able to return safely to the community.

AB921,2,25 (d) The facility provides nursing and medication administration at all hours of the day.

AB921,3,2 (e) Programming for residents of the facility includes activities to promote community reintegration and training on daily living skills.

AB921,3,4 (f) Services are available at the facility to provide at least 2 hours of therapy to each resident on 5 days of a week.

AB921,3,5 (g) Behavioral health services are available at the facility.

AB921,3,11 (4) Resident care. Within 14 days of the date of admission of a resident to a facility for persons with traumatic brain injuries, an interdisciplinary team developed by the facility with the participation of the staff of the facility who are providing resident care and therapy shall develop a plan of care and an individual program plan based on the resident and an assessment of the resident's rehabilitational needs, including any physician's evaluations or orders.

AB921,3,16 (5) Plan reviews. Before the start of any construction or remodeling project for a facility for persons with traumatic brain injuries, the owners or operators of the facility or proposed facility shall submit the plans for construction or remodeling to the department. The department may charge a fee to the owner or operator for plan review.

AB921,3,20 (6) Report. Annually, on a schedule determined by the department, a facility for persons with traumatic brain injuries with a license under this section shall submit a report to the department containing the information required by the department.

AB921,3,23 (7) Applicability. The department may not consider a facility for persons with traumatic brain injuries a facility that primarily serves people with developmental disabilities.

AB921,2 Section 2. 49.45 (2) (a) 11. bm. of the statutes is created to read:

AB921,4,2 49.45 (2) (a) 11. bm. Certify as a provider of Medical Assistance any facility for persons with traumatic brain injuries that has a license under s. 46.051.

AB921,4,3 (End)