1995 Wisconsin Act 27

(4) Limitation on number of assisted living facility units. (a) The maximum number of individual units of assisted living facilities, other than at the Wisconsin Veterans Home at King, that the department may certify or register for operation is 1,500 units, which may be implemented only as follows:

1. In fiscal year 1996-97, not more than a total of 600 units.

2. In fiscal year 1997-98, not more than a total, in the aggregate, of 900 units.

3. In fiscal year 1998-99 and thereafter, not more than a total, in the aggregate, of 1,500 units.

(b) An assisted living facility may not be newly constructed and a nursing home or a community-based residential facility may not convert a separate area of its total area to an assisted living facility unless the department first approves the construction or conversion. A nursing home, other than the nursing home operated at the Wisconsin Veterans Home at King, that intends to convert a separate area of its total area to an assisted living facility shall also agree to reduce its licensed nursing home beds by the corresponding number of assisted living facility residential units proposed for the conversion.

(c) If the department receives in a fiscal year applications for certification or registration of assisted living facilities that exceed the maximum number of individual units that may be registered or certified, as specified in par. (a), the department may select applications for approval, within the maximum limits specified, based on all of the following criteria:

1. The geographical distribution of the state's population of elderly persons.

2. Whether or not the assisted living facility proposes to serve both publicly funded residents and residents who pay privately for services.

3. Whether or not a closure of nursing home beds would result.

4. Whether or not certification or registration of the assisted living facility would alleviate a shortage of long-term care facilities in the area.

(d) The department may charge an application fee of $300 to any facility, other than the nursing home operated at the Wisconsin Veterans Home at King, applying for certification or registration as an assisted living facility under par. (c). The amounts of fees received under this paragraph shall be credited to the appropriation under s. 20.435 (1) (gn).

(5) Use of name prohibited. An entity that does not meet the definition under s. 50.01 (1d) may not designate itself as an “assisted living facility" or use the word “assisted living facility" to represent or tend to represent the entity as an assisted living facility or services provided by the entity as services provided by an assisted living facility.

(6) Funding. Funding for supportive, personal or nursing services that a person who resides in an assisted living facility receives, other than private or 3rd-party funding, may be provided only under s. 46.27 (11) (c) 7. or 46.277 (5) (e), unless the provider of the services is a certified medical assistance provider under s. 49.45 (3) (a).

(7) Revocation of certification. Certification for an assisted living facility may be revoked because of the substantial and intentional violation of this section or of rules promulgated by the department under sub. (2) or because of failure to meet the minimum requirements for certification. The operator of the certified assisted living facility shall be given written notice of any revocation of certification and the grounds for the revocation. Any assisted living facility certification applicant or operator of a certified assisted living facility may, if aggrieved by the failure to issue or renew the certification or by revocation of certification, appeal under the procedures specified by the department by rule under sub. (2).

27,3235 Section 3235 . 50.035 (2) (a) 3. of the statutes is amended to read:

50.035 (2) (a) 3. The department or the department of industry, labor and human relations development may waive the requirement under subd. 1. or 2. for a community-based residential facility that has a smoke detection or sprinkler system in place that is at least as effective for fire protection as the type of system required under the relevant subdivision.

27,3236 Section 3236. 50.035 (2) (b) (intro.) of the statutes is amended to read:

50.035 (2) (b) (intro.) No facility may install a smoke detection system that fails to receive the approval of the department or of the department of industry, labor and human relations development. At least one smoke detector shall be located at each of the following locations:

27,3237 Section 3237 . 50.035 (7) of the statutes is created to read:

50.035 (7) Statement of financial condition required. (a) No community-based residential facility may initially admit as a resident an individual who applies for admission to the facility and who intends to pay for residence in the facility from private funds, unless the individual provides certain financial information to the community-based residential facility. From this information, the community-based residential facility shall prepare and provide to the individual a statement of financial condition to which all of the following apply:

1. The statement is pertinent to the individual.

2. The statement estimates a date, if any, by which the individual's assets and other private funding sources would be depleted if the individual resides continuously in the community-based residential facility.

3. The statement indicates that public funding may not be available when the individual's assets and other private funding sources, if any, are depleted and specifies options that may be available to the individual at that time.

(b) The individual shall waive his or her right to confidentiality for the information provided under par. (a), to the administrator of the community-based residential facility, to the preparer of the statement of financial condition and, if par. (c) applies, to the county department under s. 46.215 or 46.22.

(c) If the date estimated under par. (a) 2. is less than 24 months after the date of the individual's statement of financial condition, the community-based residential facility shall provide the statement to the county department under s. 46.215 or 46.22.

27,3238m Section 3238m. 50.037 (2) (a) of the statutes is amended to read:

50.037 (2) (a) The annual biennial fee for a community-based residential facility is $75 $170, plus an annual fee of $10 $22 per resident, based on the number of residents that the facility is licensed to serve.

27,3239 Section 3239 . 50.037 (2) (c) of the statutes is amended to read:

50.037 (2) (c) A community-based residential facility that wishes to renew a license issued under s. 50.03 (4) (a) 1. b. and that fails to submit the annual biennial fee prior to the renewal date of the license, or a new community-based residential facility subject to this section that fails to submit the annual biennial fee by 30 days prior to the opening of the new community-based residential facility, shall pay an additional fee of $10 per day for every day after the deadline that the facility does not pay the fee.

27,3240 Section 3240 . 50.037 (3) of the statutes is amended to read:

50.037 (3) Exemption. Community-based residential facilities where the total monthly charges for each resident do not exceed the monthly state supplemental payment rate under s. 49.177 (3s) 49.77 (3s) that is in effect at the time the fee under sub. (2) is assessed are exempt from this section.

27,3240m Section 3240m. 50.04 (4) (e) 1. of the statutes is amended to read:

50.04 (4) (e) 1. If a nursing home desires to contest any department action under this subsection or under federal law requiring the department, as the designated medical assistance agency, to notify the nursing home of deficiencies under federal regulations and report those deficiencies to the appropriate federal agency, it shall send a written request for a hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1) within 10 days of receipt of notice of the contested action. Department action that is subject to a hearing under this subsection includes imposition service of a notice of a deficiency under federal regulations violation of this subchapter or rules promulgated under this subchapter, a notation in the report under sub. (3) (b), imposition of a plan of correction and rejection of a nursing home's plan of correction, but does not include a correction order. Upon the request of the nursing home, the division shall grant a stay of the hearing under this paragraph until the department assesses a forfeiture, so that its hearing under this paragraph is consolidated with the forfeiture appeal hearing held under sub. (5) (e). All agency action under this subsection arising out of a violation, deficiency or rejection and imposition of a plan of correction shall be the subject of a single hearing. Unless a stay is granted under this paragraph, the division shall commence the hearing within 30 days of the request for hearing, within 30 days of the department's acceptance of a nursing home's plan of correction or within 30 days of the department's imposition of a plan of correction, whichever is later. If the department initiates decertification of a nursing home under federal regulations, a hearing on federal deficiencies that are the subject of that decertification may be held if informal reconsideration has been completed. The division shall send notice to the nursing home in conformance with s. 227.44. Issues litigated at the hearing may not be relitigated at subsequent hearings under this paragraph arising out of the same violation or deficiency.

27,3240y Section 3240y. 50.05 (3) of the statutes is amended to read:

50.05 (3) Monitor. In any situation described in sub. (2), the department may place a person to act as monitor in the facility. The monitor shall observe operation of the facility, assist the facility by advising it on how to comply with state regulations, and shall submit a written report periodically to the department on the operation of the facility. The department may require payment by the operator or controlling person of the facility for the costs of placement of a person to act as monitor in the facility , if, subsequently, a court appoints a receiver for the facility under sub. (4).

27,3241d Section 3241d. 50.05 (10) of the statutes is amended to read:

50.05 (10) Contingency fund. If funds collected under subs. (3), (7) and (8) are insufficient to meet the expenses of performing the powers and duties conferred on the receiver by this section, or if there are insufficient funds on hand to meet those expenses, the department may draw from the supplemental funds fund created under s. 20.435 (1) (dm) and (6) (dm) to pay those the expenses associated with the placement of a monitor, if any, in a nursing home and the receivership of a nursing home. Operating funds collected under this section and not applied to the expenses of the placement of a monitor, if any, and the receivership, except for the amount of a security, if any is required under sub. (14m), shall be used to reimburse the fund for advances made under this section.

27,3241f Section 3241f. 50.05 (11) of the statutes is amended to read:

50.05 (11) (title) Compensation of monitor or receiver. The court shall set the compensation of a person placed as a monitor, if any, and of the receiver, which will be considered a necessary expense expenses of a receivership.

27,3241h Section 3241h. 50.05 (14m) of the statutes is amended to read:

50.05 (14m) Bond upon termination; reappointment. If the court terminates a receivership under sub. (14) and the department grants a license for the facility to the same applicant under which the facility was licensed immediately prior to appointment of a receiver under sub. (4) or (5), the court may require that person to post a bond for a period of not less than 120 days in an amount fixed by the court as security for maintaining compliance with this subchapter and the rules promulgated under this subchapter. If the court, after notice to the parties in the receivership proceeding and after a hearing, finds that the standards for appointment under sub. (4) are met, the court may reappoint the receiver. If the court reappoints the receiver, the receiver may use the security, if any has been required under this subsection, in addition to funds under subs. (7), (8) and (10), for purposes of payment of the placement of a monitor, if any, and for the receivership.

27,3241j Section 3241j. 50.05 (15) (a) of the statutes is amended to read:

50.05 (15) (a) Within 30 days after termination, the receiver shall give the court a complete accounting of all property of which the receiver has taken possession, of all funds collected under this section and of the expenses of the monitor, if any is placed in a nursing home, and the receivership.

27,3241L Section 3241L. 50.05 (15) (b) of the statutes is amended to read:

50.05 (15) (b) If the operating funds collected by the receiver under subs. (7) and (8) exceed the reasonable expenses of the placement of a monitor in a nursing home, if any, and of the receivership, the court shall order payment of the surplus to the operator or controlling person, after reimbursement of funds drawn from the contingency fund under sub. (10). If the operating funds are insufficient to cover the reasonable expenses of the placement of a monitor in a nursing home, if any, and of the receivership, the operator or controlling person shall be liable for the deficiency. The operator or controlling person may apply to the court to determine the reasonableness of any expense of the placement of a monitor in a nursing home, if any, and of the receivership. The operator or controlling person shall not be responsible for expenses in excess of what the court finds to be reasonable. Payment recovered from the operator or controlling person shall be used to reimburse the contingency fund for amounts drawn by the receiver under sub. (10).

27,3242b Section 3242b. 50.05 (15) (f) of the statutes is amended to read:

50.05 (15) (f) The receiver shall, within 60 days after termination of the receivership, file a notice of any lien created under this subsection. No action on a lien created under this subsection may be brought more than 2 years after the date of filing. If the lien is on real property, the notice shall be filed with the clerk of circuit court of the county in which the facility is located and entered on the lien docket kept under s. 779.07. If the lien is on personal property, the lien shall be filed with the secretary of state department of financial institutions. The secretary of state department of financial institutions shall place the lien on personal property in the same file as financing statements are filed under ss. 409.401 and 409.402. The notice shall specify the name of the person against whom the lien is claimed, the name of the receiver, the dates of the petition for receivership and the termination of receivership, a description of the property involved and the amount claimed. No lien shall exist under this section against any person, on any property, or for any amount not specified in the notice filed under this paragraph. To the extent applicable, ch. 846 controls the foreclosure of liens under this subsection that attach to real property.

27,3243 Section 3243 . 50.135 (1) of the statutes is amended to read:

50.135 (1) Definition. In this section, “inpatient health care facility" means any hospital, nursing home, county home, county mental hospital, tuberculosis sanatorium or other place licensed or approved by the department under ss. 49.14, 49.16, 49.171, 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073 and 252.076, but does not include community-based residential facilities.

27,3244 Section 3244 . 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 under s. 20.435 (1) (gm) for health planning and cost containment activities and to the appropriation under s. 20.488 (1) (g) licensing, review and certifying activities.

27,3244g Section 3244g. 50.14 (2) of the statutes is amended to read:

50.14 (2) For the privilege of doing business in this state, there is imposed on all occupied, licensed beds of a facility, except occupied, licensed beds for which payment is made under 42 USC 1395 to 1395ccc, an assessment that shall be deposited in the general fund and that is $97 in fiscal year 1993-94 and $100 in fiscal year 1994-95 per calendar month per occupied, licensed bed of an intermediate care facility for the mentally retarded and is $32 per calendar month per occupied, licensed bed of a nursing home. The assessment shall be on the average number of occupied, licensed beds of a facility for the calendar month previous to the month of assessment, based on an average daily midnight census computed and reported by the facility and verified by the department. Charged bed-hold days for any resident of a facility shall be included as one full day in the average daily midnight census. In determining the number of occupied, licensed beds, if the amount of the beds is other than a whole number the fractional part of the amount shall be disregarded unless it equals 50% or more of a whole number, in which case the amount shall be increased to the next whole number.

27,3245 Section 3245 . 50.36 (1) of the statutes is amended to read:

50.36 (1) The department shall promulgate, adopt, amend and enforce such rules and standards for hospitals for the construction, maintenance and operation of the hospitals deemed necessary to provide safe and adequate care and treatment of the patients in the hospitals and to protect the health and safety of the patients and employes; and nothing contained herein shall pertain to a person licensed to practice medicine and surgery or dentistry. The building codes and construction standards of the department of industry, labor and human relations development shall apply to all hospitals and the department may adopt additional construction codes and standards for hospitals, provided they are not lower than the requirements of the department of industry, labor and human relations development. Except for the construction codes and standards of the department of industry, labor and human relations development and except as provided in s. 50.39 (3), the department shall be the sole agency to adopt and enforce rules and standards pertaining to hospitals.

27,3246 Section 3246 . 50.36 (2) of the statutes is renumbered 50.36 (2) (a) and amended to read:

50.36 (2) (a) The department may shall conduct plan reviews of all capital construction and remodeling projects of hospitals to ensure that the plans comply with building code requirements under ch. 101 and with physical plant requirements under this chapter or under rules promulgated under this chapter.

(b) The department shall promulgate rules that establish a fee schedule for its services in conducting the plan reviews under par. (a). The schedule established under these rules shall set fees for hospital plan reviews in amounts that are less than the sum of the amounts required on September 30, 1995, for fees under this subsection and for fees for examination of hospital plans under s. 101.19 (1) (a), 1993 stats.

27,3247 Section 3247 . 50.39 (3) of the statutes is amended to read:

50.39 (3) Facilities governed by ss. 45.365, 48.62, 49.14, 49.171, 49.70, 49.72, 50.02, 51.09, 58.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s. 48.02 (15m), correctional institutions governed by the department of corrections under s. 301.02 and the offices and clinics of persons licensed to treat the sick under chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physical therapists affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board and board of nursing in carrying out their statutory duties and responsibilities.

27,3249 Section 3249 . 51.01 (14) of the statutes is amended to read:

51.01 (14) “Residence", “legal residency" or “county of residence" has the meaning given under s. 49.01 (8g) 49.001 (6).

27,3250 Section 3250 . 51.02 (1) (b) of the statutes is amended to read:

51.02 (1) (b) Provide recommendations to the department on the expenditure of federal funds received under the community mental health block grant under 42 USC 300x to 300x-9 and participate in the development of and monitor and evaluate the implementation of, the community mental health block grant plan.

27,3251 Section 3251 . 51.04 of the statutes is amended to read:

51.04 (title) Outpatient treatment Treatment facility determination certification. Any treatment facility may apply to the department for determination of whether such facility is an outpatient treatment facility established and maintained according to rules promulgated by the department under s. 51.42 (7) (b) certification of the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f. or to a community aids funding recipient under s. 51.423 (2) or provided as mandated coverage under s. 632.89. The department shall annually charge a fee for each such determination certification.

27,3251e Section 3251e. 51.15 (1) (b) 2. of the statutes is amended to read:

51.15 (1) (b) 2. A specific recent overt act or attempt or threat to act or omission by the individual which is reliably reported to the officer or person by any other person, including any probation and parole agent authorized by the department to exercise control and supervision over a probationer or parolee or a person on community supervision.

27,3251g Section 3251g. 51.30 (4) (b) 10. (intro.), a., b. and d. of the statutes are amended to read:

51.30 (4) (b) 10. (intro.) To a correctional facility or to a probation and parole agent who is responsible for the supervision of an individual who is receiving inpatient or outpatient evaluation or treatment under this chapter in a program that is operated by, or is under contract with, the department or a county department under s. 51.42 or 51.437, or in a treatment facility, as a condition of the probation and parole supervision plan or the community supervision plan, or whenever such an individual is transferred from a state or local correctional facility to such a treatment program and is then transferred back to the correctional facility. Every probationer or parolee or person on community supervision who receives evaluation or treatment under this chapter shall be notified of the provisions of this subdivision by the individual's probation and parole agent. Release of records under this subdivision is limited to:

a. The report of an evaluation which is provided pursuant to the written probation and parole supervision plan or the community supervision plan.

b. The discharge summary, including a record or summary of all somatic treatments, at the termination of any treatment which is provided as part of the probation and parole supervision plan or the community supervision plan.

d. Any information necessary to establish, or to implement changes in, the individual's treatment plan or the level and kind of supervision on probation, community supervision or parole, as determined by the director of the facility or the treatment director. In cases involving a person transferred back to a correctional facility, disclosure shall be made to clinical staff only. In cases involving a person on probation, community supervision or parole, disclosure shall be made to a probation and parole agent only. The department shall promulgate rules governing the release of records under this subdivision.

27,3258m Section 3258m. 51.35 (3) (a) of the statutes is amended to read:

51.35 (3) (a) A licensed psychologist of a juvenile correctional facility under s. 48.52 48.557 or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the facility is, in his or her opinion, in need of services for developmental disability, alcoholism or drug dependency or in need of psychiatric services, and who has obtained voluntary consent to make a transfer for treatment, shall make a report, in writing, to the superintendent of the facility, stating the nature and basis of the belief and verifying the consent. In the case of a minor age 14 and over, the minor and the minor's parent or guardian shall consent unless the minor is admitted under s. 51.13 (1) (c); and in the case of a minor under the age of 14, only the minor's parent or guardian need consent. The superintendent shall inform, orally and in writing, the minor and the minor's parent or guardian, that transfer is being considered and shall inform them of the basis for the request and their rights as provided in s. 51.13 (3). If the department of corrections, upon review of a request for transfer, determines that transfer is appropriate, the that department shall immediately notify the department of health and social services and, if the department of health and social services consents, the department of corrections may immediately transfer the individual. The department of corrections shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction under ch. 48 of the county where the treatment facility is located.

27,3259m Section 3259m. 51.35 (3) (e) of the statutes is amended to read:

51.35 (3) (e) The department of corrections may authorize emergency transfer of an individual from a juvenile correctional facility to a state treatment facility if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and exhibits conduct which constitutes a danger as defined in s. 51.20 (1) (a) 2. to the individual or to others, or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The correctional custodian of the sending institution shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health and social services shall file the statement or petition with the court within 24 hours after the subject individual is received for detention or commitment. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the institution from which the transfer was made. As an alternative to this procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that no prisoner may be released without the approval of the court which directed confinement in the correctional facility.

27,3260 Section 3260 . 51.42 (3) (aw) 1. d. of the statutes is amended to read:

51.42 (3) (aw) 1. d. Provide treatment and services that are specified in a conditional release plan approved by a court for a person who is a county resident and is conditionally released under s. 971.17 (3) or (4). If the county department provides treatment and services under this subdivision, the department of health and social services shall, from the appropriation under s. 20.435 (7) (2) (bj), pay the county department for the costs of the treatment and services.

27,3261b Section 3261b. 51.42 (3) (d) 12. f. of the statutes is amended to read:

51.42 (3) (d) 12. f. The receiver shall, within 60 days after termination of the receivership, file a notice of any lien created under this subdivision. No action on a lien created under this subdivision may be brought more than 2 years after the date of filing. If the lien is on real property, the notice shall be filed with the clerk of circuit court for the county in which the county department of community programs or related program is located and entered on a lien docket kept under s. 779.07. If the lien is on personal property, the lien shall be filed with the secretary of state department of financial institutions. The secretary of state department of financial institutions shall place the lien on personal property in the same file as financing statements are filed under ss. 409.401 and 409.402. The notice shall specify the name of the county department of community programs or related program against which the lien is claimed, the name of the receiver, the dates of the petition for receivership and the termination of receivership, a description of the property involved and the amount claimed. No lien may exist under this subdivision against any person, on any property or for any amount not specified in the notice filed under this subd. 12. f. To the extent applicable, ch. 846 controls the foreclosure of liens under this subdivision that attach to real property.

27,3262 Section 3262 . 51.42 (3) (e) of the statutes is amended to read:

51.42 (3) (e) Exchange of information. Notwithstanding ss. 49.45 (4), 49.53 (1m) 49.83, 51.30, 51.45 (14) (a), 55.06 (17) (c), 146.82 and 252.11 (7), any subunit of a county department of community programs acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of community programs or with any person providing services to the client under a purchase of services contract with the county department of community programs, if necessary to enable an employe or service provider to perform his or her duties, or to enable the county department of community programs to coordinate the delivery of services to the client.

27,3263 Section 3263 . 51.421 (1) of the statutes is amended to read:

51.421 (1) Purpose. In order to provide the least restrictive and most appropriate care and treatment for persons with chronic mental illness, community support programs should be available in all parts of the state. In order to integrate community support programs with other long-term care programs, community support programs shall be coordinated, to the greatest extent possible, with the community options program under s. 46.27, with the protective services system in a county, with the medical assistance program under ss. 49.43 to 49.47 subch. IV of ch. 49 and with other care and treatment programs for persons with chronic mental illness.

27,3264m Section 3264m. 51.423 (2) of the statutes is amended to read:

51.423 (2) From the appropriations under s. 20.435 (7) (b) and (o), the department shall distribute the funding for services provided or purchased by county departments under s. 46.23, 51.42 or 51.437 to such county departments as provided under s. 46.40. County matching funds are required for the distributions under s. 46.40 (2), (3), (5), (9) and (12). Each county's required match for a year equals 9.89% of the total of the county's distributions for that year for which matching funds are required plus the amount the county was required by s. 46.26 (2) (c), 1985 stats., to spend for juvenile delinquency-related services from its distribution for 1987. Matching funds may be from county tax levies, federal and state revenue sharing funds or private donations to the counties that meet the requirements specified in sub. (5). Private donations may not exceed 25% of the total county match. If the county match is less than the amount required to generate the full amount of state and federal funds distributed for this period, the decrease in the amount of state and federal funds equals the difference between the required and the actual amount of county matching funds.

27,3265 Section 3265 . 51.423 (5) (a) (intro.) of the statutes is amended to read:

51.423 (5) (a) (intro.) A private donation to a county may be used to match the state grant-in-aid under s. 49.52 (1) (d) 46.495 (1) (d) or under sub. (2) only if the donation is both of the following: