AB150: Bill Text

AB150,1132,12 50.033 (2) Regulation. Standards for operation of licensed adult family homes and procedures for application for licensure, monitoring, inspection, revocation and appeal of revocation shall be under rules promulgated by the department under s. 50.02 (2) (am) 2. Licensure shall be for a term not to exceed 12 24 months from the date of issuance and is not transferable. The biennial licensure fee for a licensed adult family home is $100. The fee is payable to the county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, if the county department licenses the adult family home under sub. (1m) (b), and is payable to the department if the department licenses the adult family home under sub. (1m) (b).

AB150, s. 3234 Section 3234. 50.034 of the statutes is created to read:

AB150,1132,21 50.034 Assisted living facilities. (1) Certification required. No person may operate an assisted living facility that provides supportive, personal or nursing services to recipients of medical assistance unless the assisted living facility meets requirements as a provider of medical assistance and is so certified by the department under this subsection. Certification shall be for a term not to exceed 12 months from the date of issuance and is not transferable. The department may charge a fee, in an amount determined by the department, for certification under this subsection.

AB150,1133,2 (2) Regulation. Standards for operation of certified assisted living facilities and procedures for application for certification, monitoring, decertification and appeal of decertification shall be under rules promulgated by the department under s. 50.02 (2) (am) 3. The amount of any fee charged by the department for certification of an assisted living facility need not be promulgated as a rule under ch. 227.

AB150,1133,5 (3) 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).

AB150,1133,14 (4) Decertification. A certified assisted living facility may be decertified because of the substantial and intentional violation of this section or of rules promulgated by the department under s. 50.02 (2) (am) 3. 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 decertification and the grounds for the decertification. 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 decertification, appeal under the procedures specified by the department by rule under s. 50.02 (2) (am) 3.

AB150, s. 3235 Section 3235. 50.035 (2) (a) 3. of the statutes is amended to read:

AB150,1133,20 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.

AB150, s. 3236 Section 3236. 50.035 (2) (b) (intro.) of the statutes is amended to read:

AB150,1133,25 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:

AB150, s. 3237 Section 3237. 50.035 (7) of the statutes is created to read:

AB150,1134,8 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:

AB150,1134,9 1. The statement is pertinent to the individual.

AB150,1134,12 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.

AB150,1134,15 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.

AB150,1134,19 (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.

AB150,1134,23 (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.

AB150, s. 3238 Section 3238. 50.037 (2) (a) of the statutes is amended to read:

AB150,1135,3 50.037 (2) (a) The annual biennial fee for a community-based residential facility is $75 $180, plus an annual fee of $10 $24 per resident, based on the number of residents that the facility is licensed to serve.

AB150, s. 3239 Section 3239. 50.037 (2) (c) of the statutes is amended to read:

AB150,1135,11 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.

AB150, s. 3240 Section 3240. 50.037 (3) of the statutes is amended to read:

AB150,1135,16 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.

AB150, s. 3241 Section 3241. 50.05 (10) of the statutes is amended to read:

AB150,1136,2 50.05 (10) Contingency fund. If funds collected under subs. (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 receivership of a nursing home. Operating funds collected under this section and not applied to the expenses of 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.

AB150, s. 3242 Section 3242. 50.05 (15) (f) of the statutes is amended to read:

AB150,1136,19 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.

AB150, s. 3243 Section 3243. 50.135 (1) of the statutes is amended to read:

AB150,1136,25 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.

AB150, s. 3244 Section 3244. 50.135 (2) (c) of the statutes is amended to read:

AB150,1137,5 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.

AB150, s. 3245 Section 3245. 50.36 (1) of the statutes is amended to read:

AB150,1137,20 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.

AB150, s. 3246 Section 3246. 50.36 (2) of the statutes is renumbered 50.36 (2) (a) and amended to read:

AB150,1138,2 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.

AB150,1138,8 (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.

AB150, s. 3247 Section 3247. 50.39 (3) of the statutes is amended to read:

AB150,1138,18 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.

AB150, s. 3248 Section 3248. Subchapter III of chapter 50 [precedes 50.50] of the statutes is created to read:

AB150,1138,21 CHAPTER 50

AB150,1138,23 Subchapter III rural medical centers

AB150,1138,24 50.50 Definitions. In this subchapter:

AB150,1138,25 (1) "Ambulatory surgery center" has the meaning given in s. 49.45 (6r) (a) 1.

AB150,1139,2 (2) "End-stage renal disease services" has the meaning given under 42 CFR 405.2102.

AB150,1139,3 (3) "Health care services" means any of the following:

AB150,1139,4 (a) Care that is provided in or by any of the following:

AB150,1139,5 1. A hospital.

AB150,1139,6 2. A nursing home.

AB150,1139,7 3. A hospice.

AB150,1139,8 4. A rural health clinic.

AB150,1139,9 5. An ambulatory surgery center.

AB150,1139,10 (b) Home health services.

AB150,1139,11 (c) Outpatient physical therapy services.

AB150,1139,12 (d) End-stage renal disease services.

AB150,1139,13 (e) Services that are specified in rules that the department promulgates.

AB150,1139,14 (4) "Home health services" has the meaning given in s. 50.49 (1) (b).

AB150,1139,15 (5) "Hospice" has the meaning given in s. 50.90 (1).

AB150,1139,16 (6) "Hospital" has the meaning given in s. 50.33 (2) (a) or (b).

AB150,1139,17 (7) "Medicare" has the meaning given in s. 49.45 (3) (L) 1. b.

AB150,1139,19 (8) "Outpatient physical therapy services" has the meaning given under 42 USC 1395x (p).

AB150,1139,21 (9) "Patient" means an individual who receives services from a rural medical center.

AB150,1139,22 (10) "Rural health clinic" has the meaning given under 42 USC 1395x (aa) (2).

AB150,1139,24 (11) "Rural medical center" means a facility, building, structure, institution or place that meets all of the following conditions:

AB150,1140,2 (a) Provides 2 or more health care services through the facility, building, structure, institution or place or through a related corporate entity.

AB150,1140,5 (b) Is located in a county, city, town or village that has a population of less than 15,000 and that is in an area that is not an urbanized area, as defined by the federal bureau of the census.

AB150,1140,6 50.51 Departmental powers. The department shall do all of the following:

AB150,1140,8 (1) Provide uniform, statewide licensing, inspection and regulation of rural medical centers as specified in this subchapter.

AB150,1140,9 (2) Promulgate rules that establish all of the following:

AB150,1140,12 (a) For the operation of rural medical centers, standards that are designed to protect and promote the health, safety, rights and welfare of patients who receive health care services in rural medical centers.

AB150,1140,14 (b) Minimum requirements for issuance of a provisional license, an initial regular license or a regular license renewal to rural medical centers.

AB150,1140,17 (c) Provisional rural medical center licensure fees and regular rural medical center initial licensure and licensure renewal fees. The amounts of the fees shall be based on the health care services provided by the rural medical center.

AB150,1140,19 (d) A procedure and criteria for waiver of or variance from standards under par. (a) or minimum requirements under par. (b).

AB150,1140,23 50.52 Licensing procedure and requirements. (1) No person may conduct, maintain, operate or permit to be conducted, maintained or operated health care services at a rural medical center unless the rural medical center is licensed by the department.

AB150,1141,3 (2) The department shall issue a provisional license, an initial regular license or a regular license renewal as a rural medical center to an applicant if all of the following are first done:

AB150,1141,6 (a) The applicant pays the appropriate license fee, as established under s. 50.51 (2) (c). Fees collected under this paragraph shall be credited to the appropriation under s. 20.435 (1) (gm) for licensing and inspection activities.

AB150,1141,10 (b) Except as provided in par. (c), the department inspects the health care services provided by the applying rural medical center and finds that the applicant is fit and qualified and meets the requirements and standards of this subchapter and the rules promulgated under this subchapter.

AB150,1141,15 (c) In lieu of conducting the inspection under par. (b), the department accepts evidence that an applicant has applicable current, valid licensure or certification as a hospital, a nursing home, a hospice, an adult family home, a community-based residential facility, a rural health clinic or a home health agency or has an agreement to participate in medicare as an ambulatory surgery center.

AB150,1141,18 (3) Each license shall bear the name of the owner of the rural medical center, the name and address of the rural medical center and the health care services that the department authorizes the rural medical center to provide.

AB150,1141,22 (4) Unless sooner revoked or suspended, an initial regular license or a regular license renewal issued to a rural medical center is valid for 24 months from the date of issuance and a provisional license issued to a rural medical center is valid for 6 months from the date of issuance.

AB150,1141,24 (5) Each license shall be issued only for the rural medical center and owner that are named in the license application and may not be transferred or assigned.

AB150,1142,3 50.53 Inspections and investigations. (1) The department may conduct unannounced inspections or investigations of a rural medical center as the department considers necessary.

AB150,1142,7 (2) A rural medical center that is inspected or investigated under this section shall provide the department with access to patient health care records, regardless of the source of patient health care payment, to fulfill the purpose of any inspections or investigations that the department conducts.

AB150,1142,12 50.54 Prohibitions. (1) An entity that is not licensed as a rural medical center under this subchapter may not designate itself as a "rural medical center" or use the phrase "rural medical center" to represent or tend to represent the entity as a rural medical center or services provided by the entity as health care services provided by a rural medical center.

AB150,1142,13 (2) No person may do any of the following:

AB150,1142,16 (a) Intentionally prevent, interfere with or impede an investigation by the department of an alleged violation or enforcement by the department of a requirement of this subchapter or the rules promulgated under this subchapter.

AB150,1142,18 (b) Intentionally retaliate or discriminate against a patient or rural medical center employe for doing any of the following:

AB150,1142,20 1. Contacting or providing information to a state agency, as defined in s. 16.004 (12) (a).

AB150,1142,22 2. Initiating, participating in or testifying in an action to enforce any provision of this subchapter or rules promulgated under this subchapter.

AB150,1142,25 (c) Intentionally destroy or modify the original report of an inspection that the department conducts under this subchapter or the rules promulgated under this subchapter.