AB150-ASA,1028,1716
49.90
(1) (b) For purposes of this section those persons receiving benefits under
17federal Title XVI or under s.
49.177 49.77 shall not be deemed dependent persons.
AB150-ASA,1029,419
49.90
(2) Upon failure of these relatives to provide maintenance the authorities
20or board shall submit to the corporation counsel a report of its findings. Upon receipt
21of the report the corporation counsel shall, within 60 days, apply to the circuit court
22for the county in which the dependent person under sub. (1) (a) 1. or the child of a
23dependent person under sub. (1) (a) 2. resides for an order to compel the
24maintenance. Upon such an application the corporation counsel shall make a
25written report to the county department under s. 46.215, 46.22 or 46.23, with a copy
1to the chairperson of the county board of supervisors in a county with a single-county
2department or the county boards of supervisors in counties with a multicounty
3department, and to the department of health and social services
or the department
4of industry, labor and human relations, whichever is appropriate.
AB150-ASA,1029,146
49.90
(2g) In addition to the remedy specified in sub. (2), upon failure of a
7grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who
8is or may be required to provide maintenance under sub. (1) (a) 2., a child of a
9dependent minor or the child's parent may apply to the circuit court for the county
10in which the child resides for an order to compel the provision of maintenance. A
11county department under s. 46.215, 46.22 or 46.23, a county child support agency or
12the department
of industry, labor and human relations may initiate an action to
13obtain maintenance of the child by the child's grandparent under sub. (1) (a) 2.,
14regardless of whether the child receives public assistance.
AB150-ASA,1030,1616
49.90
(4) The circuit court shall in a summary way hear the allegations and
17proofs of the parties and by order require maintenance from these relatives, if they
18have sufficient ability, considering their own future maintenance and making
19reasonable allowance for the protection of the property and investments from which
20they derive their living and their care and protection in old age, in the following
21order: First the husband or wife; then the father and the mother; and then the
22grandparents in the instances in which sub. (1) (a) 2. applies. The order shall specify
23a sum which will be sufficient for the support of the dependent person under sub. (1)
24(a) 1. or the maintenance of a child of a dependent person under sub. (1) (a) 2., to be
25paid weekly or monthly, during a period fixed by the order or until the further order
1of the court. If the court is satisfied that any such relative is unable wholly to
2maintain the dependent person or the child, but is able to contribute to the person's
3support or the child's maintenance, the court may direct 2 or more of the relatives
4to maintain the person or the child and prescribe the proportion each shall
5contribute. If the court is satisfied that these relatives are unable together wholly
6to maintain the dependent person or the child, but are able to contribute to the
7person's support or the child's maintenance, the court shall direct a sum to be paid
8weekly or monthly by each relative in proportion to ability. Contributions directed
9by court order, if for less than full support, shall be paid to the department
of health
10and social services and distributed as required by state and federal law. An order
11under this subsection that relates to maintenance required under sub. (1) (a) 2. shall
12specifically assign responsibility for and direct the manner of payment of the child's
13health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon
14application of any party affected by the order and upon like notice and procedure, the
15court may modify such an order. Obedience to such an order may be enforced by
16proceedings for contempt.
AB150-ASA,1030,2418
49.90
(6) If any relative who has been ordered to maintain an institutionalized
19dependent person or an institutionalized child of a dependent person under 18 years
20of age neglects to do as ordered, the authorities in charge of the dependent or child
21or in charge of the institution may recover in an action on behalf of the
general relief
22agency or institution for
general relief or support accorded the dependent person or
23child against such relative
the sum prescribed for each week while the order was
24disobeyed
and up to the time of judgment, with costs.
AB150-ASA, s. 3220
1Section
3220
. 49.95 (4m) (a) of the statutes, as affected by 1995 Wisconsin Act
2.... (this act), is amended to read:
AB150-ASA,1031,83
49.95
(4m) (a) Without legal authority, sends or brings a person to a county,
4tribal governing body or municipality or advises a person to go to a county, tribal
5governing body or municipality for the purpose of obtaining relief funded by a relief
6block grant, aid to families with dependent children under s. 49.19, medical
7assistance under
ss. 49.45 to 49.47 subch. IV or food stamps under
7 USC 2011 to
82029.
AB150-ASA,1031,1710
50.01
(1d) "Assisted living facility" means a place where 5 or more adults reside
11that consists of independent apartments, each of which has an individual lockable
12entrance and exit, a kitchen, including a stove, and individual bathroom, sleeping
13and living areas, and that provides, to a person who resides in the place, not more
14than 28 hours per week of services that are supportive, personal and nursing
15services. "Assisted living facility" does not include a nursing home or a
16community-based residential facility, but may be physically part of a structure that
17is a nursing home or community-based residential facility.
AB150-ASA,1031,1919
50.01
(1g) (f) An assisted living facility.
AB150-ASA,1031,2121
50.01
(3) (e) An assisted living facility.
AB150-ASA,1032,1223
50.02
(1) Departmental authority. The department may provide uniform,
24statewide licensing, inspection and regulation of community-based residential
25facilities and nursing homes as provided in this subchapter. The department shall
1certify, inspect and otherwise regulate adult family homes, as specified under s.
250.032 and shall license adult family homes, as specified under s. 50.033. Nothing
3in this subchapter may be construed to limit the authority of the department of
4industry, labor and human relations development or of municipalities to set
5standards of building safety and hygiene, but any local orders of municipalities shall
6be consistent with uniform, statewide regulation of community-based residential
7facilities. The department may not prohibit any nursing home from distributing
8over-the-counter drugs from bulk supply. The department may consult with
9nursing homes as needed and may provide specialized consultations when requested
10by any nursing home, separate from its inspection process, to scrutinize any
11particular questions the nursing home raises. The department shall, by rule, define
12"specialized consultation".
AB150-ASA,1033,214
50.02
(2) (a) The department, by rule, shall develop, establish and enforce
15regulations and standards for the care, treatment, health, safety, rights, welfare and
16comfort of residents in community-based residential facilities and nursing homes
17and for the construction, general hygiene, maintenance and operation of those
18facilities which, in the light of advancing knowledge, will promote safe and adequate
19accommodation, care and treatment of residents in those facilities; and promulgate
20and enforce rules consistent with this section. Such standards and rules shall
21provide that intermediate care facilities, which have 16 or fewer beds may, if
22exempted from meeting certain physical plant, staffing and other requirements of
23the federal regulations, be exempted from meeting the corresponding provisions of
24the department's standards and rules. The department shall consult with the
1department of
industry, labor and human relations development when developing
2exemptions relating to physical plant requirements.
AB150-ASA, s. 3225
3Section
3225. 50.02 (2) (b) of the statutes is renumbered 50.02 (2) (b) 1. and
4amended to read:
AB150-ASA,1033,95
50.02
(2) (b) 1. The department
may
shall conduct plan reviews of all capital
6construction and remodeling of nursing homes
to ensure that the plans comply with
7building code requirements under ch. 101 and with life safety code and physical plant
8requirements under s. 49.498, this chapter or under rules promulgated under this
9chapter.
AB150-ASA,1033,15
102. The department shall promulgate rules that establish a fee schedule for its
11services
under subd. 1. in conducting the plan reviews.
The schedule established
12under these rules shall set fees for nursing home plan reviews in amounts that are
13less than the sum of the amounts required on September 30, 1995, for fees under this
14paragraph and for fees for examination of nursing home plans under s. 101.19 (1) (a),
151993 stats.
AB150-ASA, s. 3227
16Section
3227. 50.03 (4) (a) 1. b. of the statutes is amended to read:
AB150-ASA,1034,917
50.03
(4) (a) 1. b. Except as provided in sub. (4m) (b), the department shall issue
18a license for a community-based residential facility if it finds the applicant to be fit
19and qualified, if it finds that the community-based residential facility meets the
20requirements established by this subchapter and if the community-based
21residential facility has paid the license fee under s.
140.85 (2) (a) 50.037 (2) (a). In
22determining whether to issue a license for a community-based residential facility,
23the department may consider any action by the applicant or by an employe of the
24applicant that constitutes a substantial failure by the applicant or employe to protect
25and promote the health, safety or welfare of a resident. The department may deny
1licensure to or not renew licensure for any person who conducted, maintained,
2operated or permitted to be maintained or operated a community-based residential
3facility for which licensure was revoked. The department, or its designee, shall make
4such inspections and investigations as are necessary to determine the conditions
5existing in each case and shall file written reports. Before renewing the license of
6any community-based residential facility, the department shall consider all
7complaints filed under sub. (2) (f) during the current license period and the
8disposition of each. The department shall promulgate rules defining "fit and
9qualified" for the purposes of this subd. 1. b.
AB150-ASA, s. 3228
10Section
3228. 50.03 (4) (c) of the statutes is renumbered 50.03 (4) (c) 1. and
11amended to read:
AB150-ASA,1034,2412
50.03
(4) (c) 1. Unless sooner revoked or suspended, a community-based
13residential facility license
shall be is valid for
one year. Unless sooner revoked or
14suspended, a nursing home license is valid for one year, but may be issued to a new
15licensee for less than one year to coincide with the date of federal medical assistance
16certification as a skilled nursing facility or intermediate care facility 24 months. At
17least
120 days but not more than 150 30 days prior to license expiration, the applicant
18shall submit
an annual a biennial report and application for renewal of the license
19in
such the form and containing
such the information
as that the department
20requires. If the report and application are approved, the license shall be renewed for
21an additional
one-year 24-month period. If
the application for renewal and a
22complete annual report are not timely filed, the department shall issue a warning
23to the licensee. Failure to make application for renewal within 30 days
there after
24may be after receipt of the warning is grounds for nonrenewal of the license.
AB150-ASA,1035,11
150.03
(4) (c) 2. Unless sooner revoked or suspended, a nursing home license is
2valid for 12 months, but may be issued to a new licensee for less than 12 months to
3coincide with the date of federal medical assistance certification as a skilled nursing
4facility or intermediate care facility. At least 120 days but not more than 150 days
5prior to license expiration, the applicant shall submit an annual report and
6application for renewal of the license in the form and containing the information that
7the department requires. If the report and application are approved, the license shall
8be renewed for an additional 12-month period. If the application for renewal and a
9complete annual report are not timely filed, the department shall issue a warning
10to the licensee. Failure to make application for renewal within 30 days after receipt
11of the warning is grounds for nonrenewal of the license.
AB150-ASA, s. 3230
12Section
3230. 50.03 (5g) (c) (intro.) of the statutes is amended to read:
AB150-ASA,1035,2113
50.03
(5g) (c) (intro.) If the department provides to a community-based
14residential facility written notice of the grounds for a sanction or penalty, an
15explanation of the types of sanctions or penalties that the department may impose
16under this subsection and an explanation of the process for appealing a sanction or
17penalty imposed under this subsection, the department may impose any of the
18following against a licensee or other person who
violates the applicable provisions
19of this section or rules promulgated under the applicable provisions of this section
20or who fails to comply with an order issued under par. (b) by the time specified in the
21order:
AB150-ASA, s. 3231
22Section
3231. 50.03 (5g) (c) 1. a. of the statutes is amended to read:
AB150-ASA,1036,323
50.03
(5g) (c) 1. a. Within the limits specified in this subdivision, the
24department may, by rule, set daily forfeiture amounts and payment deadlines based
25on the size and type of community-based residential facility and the seriousness of
1the violation.
As part of the order, the
The department may set daily forfeiture
2amounts that increase periodically within the statutory limits if there is continued
3failure to comply with an order issued under par. (b).
AB150-ASA,1036,115
50.03
(5g) (c) 1. c. All forfeitures shall be paid to the department within 10 days
6after receipt of notice of assessment or, if the forfeiture is contested under par. (f),
7within 10 days after receipt of the final decision after exhaustion of administrative
8review, unless the final decision is appealed and the order is stayed by court order
9under s. 50.03 (11). The department shall remit all forfeitures paid under this
10subdivision to the
state treasurer secretary of administration for deposit in the
11school fund.
AB150-ASA,1036,2013
50.03
(14) (b) The county departments of the county in which the facility is
14located that are responsible for providing services under s. 46.215 (1) (L), 46.22 (1)
15(b)
7. a. 1. c., 51.42 or 51.437 shall participate in the development and
16implementation of individual relocation plans. Any county department of another
17county shall participate in the development and implementation of individual
18relocation plans in place of the county departments of the county in which the facility
19is located, if the county department accepts responsibility for the resident or is
20delegated responsibility for the resident by the department or by a court.
AB150-ASA,1037,522
50.033
(2) Regulation. Standards for operation of licensed adult family homes
23and procedures for application for licensure, monitoring, inspection, revocation and
24appeal of revocation shall be under rules promulgated by the department under s.
2550.02 (2) (am) 2. Licensure shall be for a term not to exceed
12 24 months from the
1date of issuance and is not transferable.
The biennial licensure fee for a licensed
2adult family home is $75. The fee is payable to the county department under s.
346.215, 46.22, 46.23, 51.42 or 51.437, if the county department licenses the adult
4family home under sub. (1m) (b), and is payable to the department if the department
5licenses the adult family home under sub. (1m) (b).
AB150-ASA,1037,16
750.034 Assisted living facilities. (1)
Certification or registration
8required. (a) No person may operate an assisted living facility that provides living
9space for residents who are clients under s. 46.27 (11) or 46.277 and publicly funded
10services as a home health agency or under contract with a county department under
11s. 46.215, 46.22, 46.23, 51.42 or 51.437 that is a home health agency unless the
12assisted living facility is certified by the department under this section. The
13department may charge a fee, in an amount determined by the department, for
14certification under this paragraph. The amount of any fee charged by the
15department for certification of an assisted living facility need not be promulgated as
16a rule under ch. 227.
AB150-ASA,1037,1917
(b) No person may operate an assisted living facility that is not certified as
18required under par. (a) unless the assisted living facility is registered by the
19department.
AB150-ASA,1037,22
20(2) Rules. The department shall promulgate all of the following rules for the
21regulation of certified assisted living facilities and for the registration of assisted
22living facilities under this section:
AB150-ASA,1037,2423
(a) Defining the term "kitchen, including a stove" for purposes of the definition
24of "assisted living facility" under s. 50.01 (1d).
AB150-ASA,1037,2525
(b) Establishing standards for operation of certified assisted living facilities.
AB150-ASA,1038,3
1(c) Establishing minimum information requirements for registration and
2registration application procedures and forms for assisted living facilities that are
3not certified.
AB150-ASA,1038,44
(d) Establishing procedures for monitoring certified assisted living facilities.
AB150-ASA,1038,75
(e) Establishing intermediate sanctions and penalties for and standards and
6procedures for imposing intermediate sanctions or penalties on certified assisted
7living facilities and for appeals of intermediate sanctions or penalties.
AB150-ASA,1038,98
(f) Establishing standards and procedures for appeals of revocations of
9certification or refusal to issue or renew certification.
AB150-ASA,1038,11
10(3) Requirements for operation. A certified or registered assisted living
11facility shall do all of the following:
AB150-ASA,1038,1512
(a) Establish, with each resident of the assisted living facility, a mutually
13agreed-upon written service agreement that identifies the services to be provided to
14the resident, based on a comprehensive assessment of the resident's needs and
15preferences that is conducted by one of the following:
AB150-ASA,1038,1716
1. For residents for whom services are reimbursable under s. 46.27 (11), by the
17county department or aging unit designated under s. 46.27 (3) (b) in the county.
AB150-ASA,1038,1918
2. For residents for whom services are reimbursable under s. 46.277, by the
19county department under s. 46.277 (4) (a) in the county.
AB150-ASA,1038,2120
3. For residents who have private or 3rd-party funding, by the assisted living
21facility.
AB150-ASA,1038,2322
(b) Establish a schedule of fees for services to residents of the assisted living
23facility.
AB150-ASA,1039,3
1(c) Provide or ensure the provision of services that are sufficient and qualified
2to meet the needs identified in a resident's service agreement under par. (a), to meet
3unscheduled care needs and to provide emergency assistance 24 hours a day.
AB150-ASA,1039,64
(d) Establish, with each resident of the assisted living facility, a signed,
5negotiated risk agreement that identifies situations that could put the resident at
6risk and for which the resident understands and accepts responsibility.
AB150-ASA,1039,10
7(4) Limitation on number of assisted living facility units. (a) The maximum
8number of individual units of assisted living facilities that the department may
9certify or register for operation is 1,500 units, which may be implemented only as
10follows:
AB150-ASA,1039,1111
1. In fiscal year 1996-97, not more than a total of 600 units.
AB150-ASA,1039,1212
2. In fiscal year 1997-98, not more than a total, in the aggregate, of 900 units.
AB150-ASA,1039,1413
3. In fiscal year 1998-99 and thereafter, not more than a total, in the aggregate,
14of 1,500 units.
AB150-ASA,1039,1815
(b) An assisted living facility may not be newly constructed and a nursing home
16or a community-based residential facility may not convert a separate area of its total
17area to an assisted living facility unless the department first approves the
18construction or conversion.
AB150-ASA,1039,2319
(c) If the department receives in a fiscal year applications for certification or
20registration of assisted living facilities that exceed the maximum number of
21individual units that may be registered or certified, as specified in par. (a), the
22department may select applications for approval, within the maximum limits
23specified, based on all of the following criteria:
AB150-ASA,1039,2424
1. The geographical distribution of the state's population of elderly persons.
AB150-ASA,1040,2
12. Whether or not the assisted living facility proposes to serve both publicly
2funded residents and residents who pay privately for services.
AB150-ASA,1040,33
3. Whether or not a closure of nursing home beds would result.
AB150-ASA,1040,54
4. Whether or not certification or registration of the assisted living facility
5would alleviate a shortage of long-term care facilities in the area.
AB150-ASA,1040,96
(d) The department may charge an application fee of $300 to any facility
7applying for certification or registration as an assisted living facility under par. (c).
8The amounts of fees received under this paragraph shall be credited to the
9appropriation under s. 20.435 (1) (gn).
AB150-ASA,1040,14
10(5) Use of name prohibited. An entity that does not meet the definition under
11s. 50.01 (1d) may not designate itself as an "assisted living facility" or use the word
12"assisted living facility" to represent or tend to represent the entity as an assisted
13living facility or services provided by the entity as services provided by an assisted
14living facility.
AB150-ASA,1040,19
15(6) Funding. Funding
for supportive, personal or nursing services that a
16person who resides in an assisted living facility receives, other than private or
173rd-party funding, may be provided only under s. 46.27 (11) (c) 7. or 46.277 (5) (e),
18unless the provider of the services is a certified medical assistance provider under
19s. 49.45 (3) (a).
AB150-ASA,1041,3
20(7) Revocation of certification. Certification for an assisted living facility
21may be revoked because of the substantial and intentional violation of this section
22or of rules promulgated by the department under sub. (2) or because of failure to meet
23the minimum requirements for certification. The operator of the certified assisted
24living facility shall be given written notice of any revocation of certification and the
25grounds for the revocation. Any assisted living facility certification applicant or
1operator of a certified assisted living facility may, if aggrieved by the failure to issue
2or renew the certification or by revocation of certification, appeal under the
3procedures specified by the department by rule under sub. (2).
AB150-ASA,1041,95
50.035
(2) (a) 3. The department or the department of
industry, labor and
6human relations development may waive the requirement under subd. 1. or 2. for a
7community-based residential facility that has a smoke detection or sprinkler system
8in place that is at least as effective for fire protection as the type of system required
9under the relevant subdivision.
AB150-ASA, s. 3236
10Section
3236. 50.035 (2) (b) (intro.) of the statutes is amended to read:
AB150-ASA,1041,1411
50.035
(2) (b) (intro.) No facility may install a smoke detection system that fails
12to receive the approval of the department or of the department of
industry, labor and
13human relations development. At least one smoke detector shall be located at each
14of the following locations:
AB150-ASA,1041,2216
50.035
(7) Statement of financial condition required. (a) No
17community-based residential facility may initially admit as a resident an individual
18who applies for admission to the facility and who intends to pay for residence in the
19facility from private funds, unless the individual provides certain financial
20information to the community-based residential facility. From this information, the
21community-based residential facility shall prepare and provide to the individual a
22statement of financial condition to which all of the following apply:
AB150-ASA,1041,2323
1. The statement is pertinent to the individual.
AB150-ASA,1042,3
12. The statement estimates a date, if any, by which the individual's assets and
2other private funding sources would be depleted if the individual resides
3continuously in the community-based residential facility.
AB150-ASA,1042,64
3. The statement indicates that public funding may not be available when the
5individual's assets and other private funding sources, if any, are depleted and
6specifies options that may be available to the individual at that time.
AB150-ASA,1042,107
(b) The individual shall waive his or her right to confidentiality for the
8information provided under par. (a), to the administrator of the community-based
9residential facility, to the preparer of the statement of financial condition and, if par.
10(c) applies, to the county department under s. 46.215 or 46.22.
AB150-ASA,1042,1411
(c) If the date estimated under par. (a) 2. is less than 24 months after the date
12of the individual's statement of financial condition, the community-based
13residential facility shall provide the statement to the county department under s.
1446.215 or 46.22.
AB150-ASA,1042,1816
50.037
(2) (a) The
annual biennial fee for a community-based residential
17facility is
$75 $170, plus an annual fee of
$10 $22 per resident, based on the number
18of residents that the facility is licensed to serve.
AB150-ASA,1043,220
50.037
(2) (c) A community-based residential facility that wishes to renew a
21license issued under s. 50.03 (4) (a) 1. b. and that fails to submit the
annual biennial 22fee prior to the renewal date of the license, or a new community-based residential
23facility subject to this section that fails to submit the
annual biennial fee by 30 days
24prior to the opening of the new community-based residential facility, shall pay an
1additional fee of $10 per day for every day after the deadline that the facility does not
2pay the fee.
AB150-ASA,1043,74
50.037
(3) Exemption. Community-based residential facilities where the total
5monthly charges for each resident do not exceed the monthly state supplemental
6payment rate under s.
49.177 (3s) 49.77 (3s) that is in effect at the time the fee under
7sub. (2) is assessed are exempt from this section.