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.
AB150-ASA,1044,99
50.04
(4) (e) 1. If a nursing home desires to contest any department action
10under this subsection
or under federal law requiring the department, as the
11designated medical assistance agency,
to notify the nursing home of deficiencies
12under federal regulations and report those deficiencies to the appropriate federal
13agency, it shall send a written request for a hearing under s. 227.44 to the division
14of hearings and appeals created under s. 15.103 (1) within 10 days of receipt of notice
15of the contested action. Department action that is subject to a hearing under this
16subsection includes
imposition service of a notice of a
deficiency under federal
17regulations violation of this subchapter or rules promulgated under this subchapter,
18a notation in the report under sub. (3) (b), imposition of a plan of correction and
19rejection of a nursing home's plan of correction, but does not include a correction
20order. Upon the request of the nursing home, the division shall grant a stay of the
21hearing under this paragraph until the department assesses a forfeiture, so that its
22hearing under this paragraph is consolidated with the forfeiture appeal hearing held
23under sub. (5) (e). All agency action under this subsection arising out of a violation,
24deficiency or rejection and imposition of a plan of correction shall be the subject of
25a single hearing. Unless a stay is granted under this paragraph, the division shall
1commence the hearing within 30 days of the request for hearing, within 30 days of
2the department's acceptance of a nursing home's plan of correction or within 30 days
3of the department's imposition of a plan of correction, whichever is later.
If the
4department initiates decertification of a nursing home under federal regulations, a
5hearing on federal deficiencies that are the subject of that decertification may be held
6if informal reconsideration has been completed. The division shall send notice to the
7nursing home in conformance with s. 227.44. Issues litigated at the hearing may not
8be relitigated at subsequent hearings under this paragraph arising out of the same
9violation or deficiency.
AB150-ASA,1044,1711
50.04
(5) (f)
Forfeitures paid within 10 days. All forfeitures shall be paid to the
12department within 10 days of receipt of notice of assessment or, if the forfeiture is
13contested under par. (e), within 10 days of receipt of the final decision after
14exhaustion of administrative review, unless the final decision is appealed and the
15order is stayed by court order under s. 50.03 (11). The department shall remit all
16forfeitures paid to the
state treasurer secretary of administration for deposit in the
17school fund.
AB150-ASA,1045,219
50.05
(3) Monitor. In any situation described in sub. (2), the department may
20place a person to act as monitor in the facility. The monitor shall observe operation
21of the facility, assist the facility by advising it on how to comply with state
22regulations, and shall submit a written report periodically to the department on the
23operation of the facility.
The department may require payment by the operator or
24controlling person of the facility for the costs of placement of a person to act as
1monitor in the facility, if, subsequently, a court appoints a receiver for the facility
2under sub. (4).
AB150-ASA,1045,134
50.05
(10) Contingency fund. If funds collected under subs.
(3), (7) and (8) are
5insufficient to meet the expenses of performing the powers and duties conferred on
6the receiver by this section, or if there are insufficient funds on hand to meet those
7expenses, the department may draw from the supplemental
funds fund created
8under s. 20.435 (1) (dm)
and (6) (dm) to pay
those the expenses
associated with the
9placement of a monitor, if any, in a nursing home and the receivership of a nursing
10home. Operating funds collected under this section and not applied to the expenses
11of the
placement of a monitor, if any, and the receivership, except for the amount of
12a security, if any is required under sub. (14m), shall be used to reimburse the fund
13for advances made under this section.
AB150-ASA,1045,1715
50.05
(11) (title)
Compensation of
monitor or receiver. The court shall set the
16compensation of
a person placed as a monitor, if any, and of the receiver, which will
17be considered
a necessary
expense
expenses of a receivership.
AB150-ASA,1046,519
50.05
(14m) Bond upon termination; reappointment. If the court terminates
20a receivership under sub. (14) and the department grants a license for the facility to
21the same applicant under which the facility was licensed immediately prior to
22appointment of a receiver under sub. (4) or (5), the court may require that person to
23post a bond for a period of not less than 120 days in an amount fixed by the court as
24security for maintaining compliance with this subchapter and the rules promulgated
25under this subchapter. If the court, after notice to the parties in the receivership
1proceeding and after a hearing, finds that the standards for appointment under sub.
2(4) are met, the court may reappoint the receiver. If the court reappoints the receiver,
3the receiver may use the security, if any has been required under this subsection, in
4addition to funds under subs. (7), (8) and (10), for purposes of
payment of the
5placement of a monitor, if any, and for the receivership.
AB150-ASA,1046,107
50.05
(15) (a) Within 30 days after termination, the receiver shall give the court
8a complete accounting of all property of which the receiver has taken possession, of
9all funds collected under this section and of the expenses of the
monitor, if any is
10placed in a nursing home, and the receivership.
AB150-ASA,1046,2412
50.05
(15) (b) If the operating funds collected by the receiver under subs. (7)
13and (8) exceed the reasonable expenses of the
placement of a monitor in a nursing
14home, if any, and of the receivership, the court shall order payment of the surplus to
15the operator or controlling person, after reimbursement of funds drawn from the
16contingency fund under sub. (10). If the operating funds are insufficient to cover the
17reasonable expenses of the
placement of a monitor in a nursing home, if any, and of
18the receivership, the operator or controlling person shall be liable for the deficiency.
19The operator or controlling person may apply to the court to determine the
20reasonableness of any expense of the
placement of a monitor in a nursing home, if
21any, and of the receivership. The operator or controlling person shall not be
22responsible for expenses in excess of what the court finds to be reasonable. Payment
23recovered from the operator or controlling person shall be used to reimburse the
24contingency fund for amounts drawn by the receiver under sub. (10).
AB150-ASA,1047,5
150.135
(1) Definition. In this section, "inpatient health care facility" means
2any hospital, nursing home, county home, county mental hospital, tuberculosis
3sanatorium or other place licensed or approved by the department under ss.
49.14,
449.16, 49.171, 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073
5and 252.076, but does not include community-based residential facilities.
AB150-ASA,1047,107
50.135
(2) (c) The fees collected under par. (a) shall be credited to the
8appropriation under s. 20.435 (1) (gm) for
health planning and cost containment
9activities and to the appropriation under s. 20.488 (1) (g) licensing, review and
10certifying activities.
AB150-ASA,1047,2512
50.36
(1) The department shall promulgate, adopt, amend and enforce such
13rules and standards for hospitals for the construction, maintenance and operation
14of the hospitals deemed necessary to provide safe and adequate care and treatment
15of the patients in the hospitals and to protect the health and safety of the patients
16and employes; and nothing contained herein shall pertain to a person licensed to
17practice medicine and surgery or dentistry. The building codes and construction
18standards of the department of
industry, labor and human relations development 19shall apply to all hospitals and the department may adopt additional construction
20codes and standards for hospitals, provided they are not lower than the requirements
21of the department of
industry, labor and human relations development. Except for
22the construction codes and standards of the department of
industry, labor and
23human relations development and except as provided in s. 50.39 (3), the department
24shall be the sole agency to adopt and enforce rules and standards pertaining to
25hospitals.
AB150-ASA, s. 3246
1Section
3246. 50.36 (2) of the statutes is renumbered 50.36 (2) (a) and
2amended to read:
AB150-ASA,1048,63
50.36
(2) (a) The department
may
shall conduct plan reviews of all capital
4construction and remodeling projects of hospitals
to ensure that the plans comply
5with building code requirements under ch. 101 and with physical plant requirements
6under this chapter or under rules promulgated under this chapter.
AB150-ASA,1048,12
7(b) The department shall promulgate rules that establish a fee schedule for its
8services in conducting the plan reviews
under par. (a). The schedule established
9under these rules shall set fees for hospital plan reviews in amounts that are less
10than the sum of the amounts required on September 30, 1995, for fees under this
11subsection and for fees for examination of hospital plans under s. 101.19 (1) (a), 1993
12stats.
AB150-ASA,1048,2214
50.39
(3) Facilities governed by ss. 45.365, 48.62,
49.14, 49.171, 49.70, 49.72, 1550.02, 51.09, 58.06, 252.073, 252.076 and 252.10, secured correctional facilities as
16defined in s. 48.02 (15m), correctional institutions governed by the department of
17corrections under s. 301.02 and the offices and clinics of persons licensed to treat the
18sick under chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32
19to 50.39 do not abridge the rights of the medical examining board, physical therapists
20affiliated credentialing board, dentistry examining board, pharmacy examining
21board, chiropractic examining board and board of nursing in carrying out their
22statutory duties and responsibilities.
AB150-ASA,1049,524
50.98
(5) All forfeitures shall be paid to the department within 10 days after
25receipt of notice of assessment or, if the forfeiture is contested under sub. (4), within
110 days after receipt of the final decision after exhaustion of administrative review,
2unless the final decision is appealed and the order is stayed by court order under the
3same terms and conditions as found in s. 50.03 (11). The department shall remit all
4forfeitures paid to the
state treasurer secretary of administration for deposit in the
5school fund.
AB150-ASA,1049,87
51.01
(14) "Residence", "legal residency" or "county of residence" has the
8meaning given under s.
49.01 (8g) 49.001 (6).
AB150-ASA,1049,1310
51.02
(1) (b) Provide recommendations to the department on the expenditure
11of federal funds received under the
community mental health block grant under
42
12USC 300x to
300x-9 and participate in the development of and monitor and evaluate
13the implementation of, the
community mental health block grant plan.
AB150-ASA,1049,23
1551.04 (title)
Outpatient treatment Treatment facility determination
16certification. Any
treatment facility may apply to the department for
17determination of whether such facility is an outpatient treatment facility
18established and maintained according to rules promulgated by the department
19under s. 51.42 (7) (b) certification of the facility for the receipt of funds for services
20provided as a benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f. or
21to a community aids funding recipient under s. 51.423 (2) or provided as mandated
22coverage under s. 632.89. The department shall
annually charge a fee for each
such
23determination certification.
AB150-ASA,1050,19
151.35
(3) (a) A licensed psychologist of a juvenile correctional facility under s.
248.52 48.557 or a licensed physician of the department of corrections, who has reason
3to believe that any individual confined in the facility is, in his or her opinion, in need
4of services for developmental disability, alcoholism or drug dependency or in need of
5psychiatric services, and who has obtained voluntary consent to make a transfer for
6treatment, shall make a report, in writing, to the superintendent of the facility,
7stating the nature and basis of the belief and verifying the consent. In the case of
8a minor age 14 and over, the minor and the minor's parent or guardian shall consent
9unless the minor is admitted under s. 51.13 (1) (c); and in the case of a minor under
10the age of 14, only the minor's parent or guardian need consent. The superintendent
11shall inform, orally and in writing, the minor and the minor's parent or guardian,
12that transfer is being considered and shall inform them of the basis for the request
13and their rights as provided in s. 51.13 (3). If the department
of corrections, upon
14review of a request for transfer, determines that transfer is appropriate,
the that 15department
shall immediately notify the department of health and social services
16and, if the department of health and social services consents, the department of
17corrections may immediately transfer the individual. The department
of corrections 18shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction
19under ch. 48 of the county where the treatment facility is located.