AB150-engrossed,1042,421
49.90
(2g) In addition to the remedy specified in sub. (2), upon failure of a
22grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who
23is or may be required to provide maintenance under sub. (1) (a) 2., a child of a
24dependent minor or the child's parent may apply to the circuit court for the county
25in which the child resides for an order to compel the provision of maintenance. A
1county department under s. 46.215, 46.22 or 46.23, a county child support agency or
2the department
of revenue may initiate an action to obtain maintenance of the child
3by the child's grandparent under sub. (1) (a) 2., regardless of whether the child
4receives public assistance.
AB150-engrossed,1043,66
49.90
(4) The circuit court shall in a summary way hear the allegations and
7proofs of the parties and by order require maintenance from these relatives, if they
8have sufficient ability, considering their own future maintenance and making
9reasonable allowance for the protection of the property and investments from which
10they derive their living and their care and protection in old age, in the following
11order: First the husband or wife; then the father and the mother; and then the
12grandparents in the instances in which sub. (1) (a) 2. applies. The order shall specify
13a sum which will be sufficient for the support of the dependent person under sub. (1)
14(a) 1. or the maintenance of a child of a dependent person under sub. (1) (a) 2., to be
15paid weekly or monthly, during a period fixed by the order or until the further order
16of the court. If the court is satisfied that any such relative is unable wholly to
17maintain the dependent person or the child, but is able to contribute to the person's
18support or the child's maintenance, the court may direct 2 or more of the relatives
19to maintain the person or the child and prescribe the proportion each shall
20contribute. If the court is satisfied that these relatives are unable together wholly
21to maintain the dependent person or the child, but are able to contribute to the
22person's support or the child's maintenance, the court shall direct a sum to be paid
23weekly or monthly by each relative in proportion to ability. Contributions directed
24by court order, if for less than full support, shall be paid to the department
of health
25and social services and distributed as required by state and federal law. An order
1under this subsection that relates to maintenance required under sub. (1) (a) 2. shall
2specifically assign responsibility for and direct the manner of payment of the child's
3health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon
4application of any party affected by the order and upon like notice and procedure, the
5court may modify such an order. Obedience to such an order may be enforced by
6proceedings for contempt.
AB150-engrossed,1043,148
49.90
(6) If any relative who has been ordered to maintain an institutionalized
9dependent person or an institutionalized child of a dependent person under 18 years
10of age neglects to do as ordered, the authorities in charge of the dependent or child
11or in charge of the institution may recover in an action on behalf of the
general relief
12agency or institution for
general relief or support accorded the dependent person or
13child against such relative
the sum prescribed for each week while the order was
14disobeyed
and up to the time of judgment, with costs.
AB150-engrossed, s. 3220
15Section
3220
. 49.95 (4m) (a) of the statutes, as affected by 1995 Wisconsin Act
16.... (this act), is amended to read:
AB150-engrossed,1043,2217
49.95
(4m) (a) Without legal authority, sends or brings a person to a county,
18tribal governing body or municipality or advises a person to go to a county, tribal
19governing body or municipality for the purpose of obtaining relief funded by a relief
20block grant, aid to families with dependent children under s. 49.19, medical
21assistance under
ss. 49.45 to 49.47 subch. IV or food stamps under
7 USC 2011 to
222029.
AB150-engrossed,1044,624
50.01
(1d) "Assisted living facility" means a place where 5 or more adults reside
25that consists of independent apartments, each of which has an individual lockable
1entrance and exit, a kitchen, including a stove, and individual bathroom, sleeping
2and living areas, and that provides, to a person who resides in the place, not more
3than 28 hours per week of services that are supportive, personal and nursing
4services. "Assisted living facility" does not include a nursing home or a
5community-based residential facility, but may be physically part of a structure that
6is a nursing home or community-based residential facility.
AB150-engrossed,1044,88
50.01
(1g) (f) An assisted living facility.
AB150-engrossed,1044,1010
50.01
(3) (e) An assisted living facility.
AB150-engrossed,1045,212
50.02
(1) Departmental authority. The department may provide uniform,
13statewide licensing, inspection and regulation of community-based residential
14facilities and nursing homes as provided in this subchapter. The department shall
15certify, inspect and otherwise regulate adult family homes, as specified under s.
1650.032 and shall license adult family homes, as specified under s. 50.033. Nothing
17in this subchapter may be construed to limit the authority of the department of
18industry, labor and human relations development or of municipalities to set
19standards of building safety and hygiene, but any local orders of municipalities shall
20be consistent with uniform, statewide regulation of community-based residential
21facilities. The department may not prohibit any nursing home from distributing
22over-the-counter drugs from bulk supply. The department may consult with
23nursing homes as needed and may provide specialized consultations when requested
24by any nursing home, separate from its inspection process, to scrutinize any
1particular questions the nursing home raises. The department shall, by rule, define
2"specialized consultation".
AB150-engrossed,1045,164
50.02
(2) (a) The department, by rule, shall develop, establish and enforce
5regulations and standards for the care, treatment, health, safety, rights, welfare and
6comfort of residents in community-based residential facilities and nursing homes
7and for the construction, general hygiene, maintenance and operation of those
8facilities which, in the light of advancing knowledge, will promote safe and adequate
9accommodation, care and treatment of residents in those facilities; and promulgate
10and enforce rules consistent with this section. Such standards and rules shall
11provide that intermediate care facilities, which have 16 or fewer beds may, if
12exempted from meeting certain physical plant, staffing and other requirements of
13the federal regulations, be exempted from meeting the corresponding provisions of
14the department's standards and rules. The department shall consult with the
15department of
industry, labor and human relations
development when developing
16exemptions relating to physical plant requirements.
AB150-engrossed, s. 3225
17Section
3225. 50.02 (2) (b) of the statutes is renumbered 50.02 (2) (b) 1. and
18amended to read:
AB150-engrossed,1045,2319
50.02
(2) (b) 1. The department
may
shall conduct plan reviews of all capital
20construction and remodeling of nursing homes
to ensure that the plans comply with
21building code requirements under ch. 101 and with life safety code and physical plant
22requirements under s. 49.498, this chapter or under rules promulgated under this
23chapter.
AB150-engrossed,1046,4
242. The department shall promulgate rules that establish a fee schedule for its
25services
under subd. 1. in conducting the plan reviews.
The schedule established
1under these rules shall set fees for nursing home plan reviews in amounts that are
2less than the sum of the amounts required on September 30, 1995, for fees under this
3paragraph and for fees for examination of nursing home plans under s. 101.19 (1) (a),
41993 stats.
AB150-engrossed,1046,236
50.03
(4) (a) 1. b. Except as provided in sub. (4m) (b), the department shall issue
7a license for a community-based residential facility if it finds the applicant to be fit
8and qualified, if it finds that the community-based residential facility meets the
9requirements established by this subchapter and if the community-based
10residential facility has paid the license fee under s.
140.85 (2) (a) 50.037 (2) (a). In
11determining whether to issue a license for a community-based residential facility,
12the department may consider any action by the applicant or by an employe of the
13applicant that constitutes a substantial failure by the applicant or employe to protect
14and promote the health, safety or welfare of a resident. The department may deny
15licensure to or not renew licensure for any person who conducted, maintained,
16operated or permitted to be maintained or operated a community-based residential
17facility for which licensure was revoked. The department, or its designee, shall make
18such inspections and investigations as are necessary to determine the conditions
19existing in each case and shall file written reports. Before renewing the license of
20any community-based residential facility, the department shall consider all
21complaints filed under sub. (2) (f) during the current license period and the
22disposition of each. The department shall promulgate rules defining "fit and
23qualified" for the purposes of this subd. 1. b.
AB150-engrossed, s. 3228
24Section
3228. 50.03 (4) (c) of the statutes is renumbered 50.03 (4) (c) 1. and
25amended to read:
AB150-engrossed,1047,13
150.03
(4) (c) 1. Unless sooner revoked or suspended, a community-based
2residential facility license
shall be is valid for
one year. Unless sooner revoked or
3suspended, a nursing home license is valid for one year, but may be issued to a new
4licensee for less than one year to coincide with the date of federal medical assistance
5certification as a skilled nursing facility or intermediate care facility 24 months. At
6least
120 days but not more than 150 30 days prior to license expiration, the applicant
7shall submit
an annual a biennial report and application for renewal of the license
8in
such the form and containing
such the information
as that the department
9requires. If the report and application are approved, the license shall be renewed for
10an additional
one-year 24-month period. If
the application for renewal and a
11complete annual report are not timely filed, the department shall issue a warning
12to the licensee. Failure to make application for renewal within 30 days
there after
13may be after receipt of the warning is grounds for nonrenewal of the license.
AB150-engrossed,1047,2515
50.03
(4) (c) 2. Unless sooner revoked or suspended, a nursing home license is
16valid for 12 months, but may be issued to a new licensee for less than 12 months to
17coincide with the date of federal medical assistance certification as a skilled nursing
18facility or intermediate care facility. At least 120 days but not more than 150 days
19prior to license expiration, the applicant shall submit an annual report and
20application for renewal of the license in the form and containing the information that
21the department requires. If the report and application are approved, the license shall
22be renewed for an additional 12-month period. If the application for renewal and a
23complete annual report are not timely filed, the department shall issue a warning
24to the licensee. Failure to make application for renewal within 30 days after receipt
25of the warning is grounds for nonrenewal of the license.
AB150-engrossed,1048,102
50.03
(5g) (c) (intro.) If the department provides to a community-based
3residential facility written notice of the grounds for a sanction or penalty, an
4explanation of the types of sanctions or penalties that the department may impose
5under this subsection and an explanation of the process for appealing a sanction or
6penalty imposed under this subsection, the department may impose any of the
7following against a licensee or other person who
violates the applicable provisions
8of this section or rules promulgated under the applicable provisions of this section
9or who fails to comply with an order issued under par. (b) by the time specified in the
10order:
AB150-engrossed,1048,1712
50.03
(5g) (c) 1. a. Within the limits specified in this subdivision, the
13department may, by rule, set daily forfeiture amounts and payment deadlines based
14on the size and type of community-based residential facility and the seriousness of
15the violation.
As part of the order, the The department may set daily forfeiture
16amounts that increase periodically within the statutory limits if there is continued
17failure to comply with an order issued under par. (b).
AB150-engrossed,1049,219
50.03
(14) (b) The county departments of the county in which the facility is
20located that are responsible for providing services under s. 46.215 (1) (L), 46.22 (1)
21(b)
7. a. 1. c., 51.42 or 51.437 shall participate in the development and
22implementation of individual relocation plans. Any county department of another
23county shall participate in the development and implementation of individual
24relocation plans in place of the county departments of the county in which the facility
1is located, if the county department accepts responsibility for the resident or is
2delegated responsibility for the resident by the department or by a court.
AB150-engrossed,1049,124
50.033
(2) Regulation. Standards for operation of licensed adult family homes
5and procedures for application for licensure, monitoring, inspection, revocation and
6appeal of revocation shall be under rules promulgated by the department under s.
750.02 (2) (am) 2. Licensure shall be for a term not to exceed
12 24 months from the
8date of issuance and is not transferable.
The biennial licensure fee for a licensed
9adult family home is $75. The fee is payable to the county department under s.
1046.215, 46.22, 46.23, 51.42 or 51.437, if the county department licenses the adult
11family home under sub. (1m) (b), and is payable to the department if the department
12licenses the adult family home under sub. (1m) (b).
AB150-engrossed,1049,23
1450.034 Assisted living facilities. (1)
Certification or registration
15required. (a) No person may operate an assisted living facility that provides living
16space for residents who are clients under s. 46.27 (11) or 46.277 and publicly funded
17services as a home health agency or under contract with a county department under
18s. 46.215, 46.22, 46.23, 51.42 or 51.437 that is a home health agency unless the
19assisted living facility is certified by the department under this section. The
20department may charge a fee, in an amount determined by the department, for
21certification under this paragraph. The amount of any fee charged by the
22department for certification of an assisted living facility need not be promulgated as
23a rule under ch. 227.
AB150-engrossed,1050,3
1(b) No person may operate an assisted living facility that is not certified as
2required under par. (a) unless the assisted living facility is registered by the
3department.
AB150-engrossed,1050,6
4(2) Rules. The department shall promulgate all of the following rules for the
5regulation of certified assisted living facilities and for the registration of assisted
6living facilities under this section:
AB150-engrossed,1050,87
(a) Defining the term "kitchen, including a stove" for purposes of the definition
8of "assisted living facility" under s. 50.01 (1d).
AB150-engrossed,1050,99
(b) Establishing standards for operation of certified assisted living facilities.
AB150-engrossed,1050,1210
(c) Establishing minimum information requirements for registration and
11registration application procedures and forms for assisted living facilities that are
12not certified.
AB150-engrossed,1050,1313
(d) Establishing procedures for monitoring certified assisted living facilities.
AB150-engrossed,1050,1614
(e) Establishing intermediate sanctions and penalties for and standards and
15procedures for imposing intermediate sanctions or penalties on certified assisted
16living facilities and for appeals of intermediate sanctions or penalties.
AB150-engrossed,1050,1817
(f) Establishing standards and procedures for appeals of revocations of
18certification or refusal to issue or renew certification.
AB150-engrossed,1050,20
19(3) Requirements for operation. A certified or registered assisted living
20facility shall do all of the following:
AB150-engrossed,1050,2421
(a) Establish, with each resident of the assisted living facility, a mutually
22agreed-upon written service agreement that identifies the services to be provided to
23the resident, based on a comprehensive assessment of the resident's needs and
24preferences that is conducted by one of the following:
AB150-engrossed,1051,2
11. For residents for whom services are reimbursable under s. 46.27 (11), by the
2county department or aging unit designated under s. 46.27 (3) (b) in the county.
AB150-engrossed,1051,43
2. For residents for whom services are reimbursable under s. 46.277, by the
4county department under s. 46.277 (4) (a) in the county.
AB150-engrossed,1051,65
3. For residents who have private or 3rd-party funding, by the assisted living
6facility.
AB150-engrossed,1051,87
(b) Establish a schedule of fees for services to residents of the assisted living
8facility.
AB150-engrossed,1051,119
(c) Provide or ensure the provision of services that are sufficient and qualified
10to meet the needs identified in a resident's service agreement under par. (a), to meet
11unscheduled care needs and to provide emergency assistance 24 hours a day.
AB150-engrossed,1051,1412
(d) Establish, with each resident of the assisted living facility, a signed,
13negotiated risk agreement that identifies situations that could put the resident at
14risk and for which the resident understands and accepts responsibility.
AB150-engrossed,1051,18
15(4) Limitation on number of assisted living facility units. (a) The maximum
16number of individual units of assisted living facilities that the department may
17certify or register for operation is 1,500 units, which may be implemented only as
18follows:
AB150-engrossed,1051,1919
1. In fiscal year 1996-97, not more than a total of 600 units.
AB150-engrossed,1051,2020
2. In fiscal year 1997-98, not more than a total, in the aggregate, of 900 units.
AB150-engrossed,1051,2221
3. In fiscal year 1998-99 and thereafter, not more than a total, in the aggregate,
22of 1,500 units.
AB150-engrossed,1052,223
(b) An assisted living facility may not be newly constructed and a nursing home
24or a community-based residential facility may not convert a separate area of its total
1area to an assisted living facility unless the department first approves the
2construction or conversion.
AB150-engrossed,1052,73
(c) If the department receives in a fiscal year applications for certification or
4registration of assisted living facilities that exceed the maximum number of
5individual units that may be registered or certified, as specified in par. (a), the
6department may select applications for approval, within the maximum limits
7specified, based on all of the following criteria:
AB150-engrossed,1052,88
1. The geographical distribution of the state's population of elderly persons.
AB150-engrossed,1052,109
2. Whether or not the assisted living facility proposes to serve both publicly
10funded residents and residents who pay privately for services.
AB150-engrossed,1052,1111
3. Whether or not a closure of nursing home beds would result.
AB150-engrossed,1052,1312
4. Whether or not certification or registration of the assisted living facility
13would alleviate a shortage of long-term care facilities in the area.
AB150-engrossed,1052,1714
(d) The department may charge an application fee of $300 to any facility
15applying for certification or registration as an assisted living facility under par. (c).
16The amounts of fees received under this paragraph shall be credited to the
17appropriation under s. 20.435 (1) (gn).
AB150-engrossed,1052,22
18(5) Use of name prohibited. An entity that does not meet the definition under
19s. 50.01 (1d) may not designate itself as an "assisted living facility" or use the word
20"assisted living facility" to represent or tend to represent the entity as an assisted
21living facility or services provided by the entity as services provided by an assisted
22living facility.
AB150-engrossed,1053,2
23(6) Funding. Funding
for supportive, personal or nursing services that a
24person who resides in an assisted living facility receives, other than private or
253rd-party funding, may be provided only under s. 46.27 (11) (c) 7. or 46.277 (5) (e),
1unless the provider of the services is a certified medical assistance provider under
2s. 49.45 (3) (a).
AB150-engrossed,1053,11
3(7) Revocation of certification. Certification for an assisted living facility
4may be revoked because of the substantial and intentional violation of this section
5or of rules promulgated by the department under sub. (2) or because of failure to meet
6the minimum requirements for certification. The operator of the certified assisted
7living facility shall be given written notice of any revocation of certification and the
8grounds for the revocation. Any assisted living facility certification applicant or
9operator of a certified assisted living facility may, if aggrieved by the failure to issue
10or renew the certification or by revocation of certification, appeal under the
11procedures specified by the department by rule under sub. (2).
AB150-engrossed,1053,1713
50.035
(2) (a) 3. The department or the department of
industry, labor and
14human relations development may waive the requirement under subd. 1. or 2. for a
15community-based residential facility that has a smoke detection or sprinkler system
16in place that is at least as effective for fire protection as the type of system required
17under the relevant subdivision.
AB150-engrossed,1053,2219
50.035
(2) (b) (intro.) No facility may install a smoke detection system that fails
20to receive the approval of the department or of the department of
industry, labor and
21human relations development. At least one smoke detector shall be located at each
22of the following locations:
AB150-engrossed,1054,524
50.035
(7) Statement of financial condition required. (a) No
25community-based residential facility may initially admit as a resident an individual
1who applies for admission to the facility and who intends to pay for residence in the
2facility from private funds, unless the individual provides certain financial
3information to the community-based residential facility. From this information, the
4community-based residential facility shall prepare and provide to the individual a
5statement of financial condition to which all of the following apply:
AB150-engrossed,1054,66
1. The statement is pertinent to the individual.
AB150-engrossed,1054,97
2. The statement estimates a date, if any, by which the individual's assets and
8other private funding sources would be depleted if the individual resides
9continuously in the community-based residential facility.
AB150-engrossed,1054,1210
3. The statement indicates that public funding may not be available when the
11individual's assets and other private funding sources, if any, are depleted and
12specifies options that may be available to the individual at that time.
AB150-engrossed,1054,1613
(b) The individual shall waive his or her right to confidentiality for the
14information provided under par. (a), to the administrator of the community-based
15residential facility, to the preparer of the statement of financial condition and, if par.
16(c) applies, to the county department under s. 46.215 or 46.22.
AB150-engrossed,1054,2017
(c) If the date estimated under par. (a) 2. is less than 24 months after the date
18of the individual's statement of financial condition, the community-based
19residential facility shall provide the statement to the county department under s.
2046.215 or 46.22.
AB150-engrossed,1054,2422
50.037
(2) (a) The
annual biennial fee for a community-based residential
23facility is
$75 $170, plus an annual fee of
$10 $22 per resident, based on the number
24of residents that the facility is licensed to serve.
AB150-engrossed,1055,7
150.037
(2) (c) A community-based residential facility that wishes to renew a
2license issued under s. 50.03 (4) (a) 1. b. and that fails to submit the
annual biennial 3fee prior to the renewal date of the license, or a new community-based residential
4facility subject to this section that fails to submit the
annual biennial fee by 30 days
5prior to the opening of the new community-based residential facility, shall pay an
6additional fee of $10 per day for every day after the deadline that the facility does not
7pay the fee.
AB150-engrossed,1055,129
50.037
(3) Exemption. Community-based residential facilities where the total
10monthly charges for each resident do not exceed the monthly state supplemental
11payment rate under s.
49.177 (3s) 49.77 (3s) that is in effect at the time the fee under
12sub. (2) is assessed are exempt from this section.
AB150-engrossed,1056,1414
50.04
(4) (e) 1. If a nursing home desires to contest any department action
15under this subsection
or under federal law requiring the department, as the
16designated medical assistance agency,
to notify the nursing home of deficiencies
17under federal regulations and report those deficiencies to the appropriate federal
18agency, it shall send a written request for a hearing under s. 227.44 to the division
19of hearings and appeals created under s. 15.103 (1) within 10 days of receipt of notice
20of the contested action. Department action that is subject to a hearing under this
21subsection includes
imposition service of a notice of a
deficiency under federal
22regulations violation of this subchapter or rules promulgated under this subchapter,
23a notation in the report under sub. (3) (b), imposition of a plan of correction and
24rejection of a nursing home's plan of correction, but does not include a correction
25order. Upon the request of the nursing home, the division shall grant a stay of the
1hearing under this paragraph until the department assesses a forfeiture, so that its
2hearing under this paragraph is consolidated with the forfeiture appeal hearing held
3under sub. (5) (e). All agency action under this subsection arising out of a violation,
4deficiency or rejection and imposition of a plan of correction shall be the subject of
5a single hearing. Unless a stay is granted under this paragraph, the division shall
6commence the hearing within 30 days of the request for hearing, within 30 days of
7the department's acceptance of a nursing home's plan of correction or within 30 days
8of the department's imposition of a plan of correction, whichever is later.
If the
9department initiates decertification of a nursing home under federal regulations, a
10hearing on federal deficiencies that are the subject of that decertification may be held
11if informal reconsideration has been completed. The division shall send notice to the
12nursing home in conformance with s. 227.44. Issues litigated at the hearing may not
13be relitigated at subsequent hearings under this paragraph arising out of the same
14violation or deficiency.
AB150-engrossed,1056,2316
50.05
(3) Monitor. In any situation described in sub. (2), the department may
17place a person to act as monitor in the facility. The monitor shall observe operation
18of the facility, assist the facility by advising it on how to comply with state
19regulations, and shall submit a written report periodically to the department on the
20operation of the facility.
The department may require payment by the operator or
21controlling person of the facility for the costs of placement of a person to act as
22monitor in the facility, if, subsequently, a court appoints a receiver for the facility
23under sub. (4).
AB150-engrossed,1057,10
150.05
(10) Contingency fund. If funds collected under subs.
(3), (7) and (8) are
2insufficient to meet the expenses of performing the powers and duties conferred on
3the receiver by this section, or if there are insufficient funds on hand to meet those
4expenses, the department may draw from the supplemental
funds fund created
5under s. 20.435 (1) (dm)
and (6) (dm) to pay
those the expenses
associated with the
6placement of a monitor, if any, in a nursing home and the receivership of a nursing
7home. Operating funds collected under this section and not applied to the expenses
8of the
placement of a monitor, if any, and the receivership, except for the amount of
9a security, if any is required under sub. (14m), shall be used to reimburse the fund
10for advances made under this section.