AB150: Bill Text

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.

AB150,1143,4 50.55 Penalties and remedies. (1) Forfeitures. (a) Any person who violates this subchapter or any rule promulgated under this subchapter, except s. 50.54 (2), may be required to forfeit not less than $100 nor more than $500 for each offense. Each day of continued violation constitutes a separate offense.

AB150,1143,7 (b) In determining whether a forfeiture is to be imposed and in fixing the amount of the forfeiture to be imposed, if any, for a violation, the department shall consider all of the following factors:

AB150,1143,8 1. The gravity of the violation.

AB150,1143,9 2. Good faith exercised by the licensee.

AB150,1143,10 3. Any previous violations committed by the licensee.

AB150,1143,12 4. The financial benefit to the rural medical center of committing or continuing to commit the violation.

AB150,1143,18 (c) The department may directly assess forfeitures provided for under par. (a). If the department determines that a forfeiture should be assessed for a particular violation or for failure to correct it, the department shall send a notice of assessment to the rural medical center. The notice shall specify the amount of the forfeiture assessed, the violation, and the statute or rule alleged to have been violated, and shall inform the licensee of the right to a hearing under par. (d).

AB150,1143,24 (d) A rural medical center may contest an assessment of forfeiture by sending, within 10 days after receipt of notice under par. (c), a written request for hearing under s. 227.44 to the division of hearings and appeals under s. 15.103 (1). The division shall commence the hearing within 30 days after receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227.

AB150,1144,5 (e) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (d), within 10 days after receipt of the final decision, unless the final decision is appealed and the decision is in favor of the appellant. The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.

AB150,1144,7 (2) Other penalty. Whoever violates s. 50.54 (2) may be fined not more than $1,000 or imprisoned for not more than 6 months or both.

AB150,1144,15 (3) Injunction. The department may, upon the advice of the attorney general, who shall represent the department in all proceedings under this subsection, institute an action in the name of the state in the circuit court for Dane County for injunctive relief or other process against any licensee, owner, operator, administrator or representative of any owner of a rural medical center for the violation of any of the provisions of this subchapter or rules promulgated under this subchapter if the department determines that the violation seriously affects the health, safety or welfare of patients.

AB150,1144,19 50.56 Applicability. Nothing in this subchapter or in rules promulgated under this subchapter may be construed to limit the applicability of statutes or rules promulgated under statutes that are not in this subchapter to a person or entity that is required to be licensed as a rural medical center.

AB150, s. 3249 Section 3249. 51.01 (14) of the statutes is amended to read:

AB150,1144,22 51.01 (14) "Residence", "legal residency" or "county of residence" has the meaning given under s. 49.01 (8g) 49.001 (6).

AB150, s. 3250 Section 3250. 51.02 (1) (b) of the statutes is amended to read:

AB150,1145,2 51.02 (1) (b) Provide recommendations to the department on the expenditure of federal funds received under the community mental health block grant under 42 USC 300x to 300x-9 and participate in the development of and monitor and evaluate the implementation of, the community mental health block grant plan.

AB150, s. 3251 Section 3251. 51.04 of the statutes is amended to read:

AB150,1145,12 51.04 (title) Outpatient treatment Treatment facility determination certification. Any treatment facility may apply to the department for determination of whether such facility is an outpatient treatment facility established and maintained according to rules promulgated by the department under s. 51.42 (7) (b) certification of the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f. or to a community aids funding recipient under s. 51.423 (2) or provided as mandated coverage under s. 632.89. The department shall annually charge a fee for each such determination certification.

AB150, s. 3252 Section 3252. 51.15 (2) (intro.) of the statutes is amended to read:

AB150,1145,17 51.15 (2) Facilities for detention. (intro.) The law enforcement officer shall transport the individual, or cause him or her to be transported for detention and for evaluation, diagnosis and treatment if permitted under sub. (8) to any of the following facilities:

AB150, s. 3253 Section 3253. 51.15 (4) (b) of the statutes is amended to read:

AB150,1146,13 51.15 (4) (b) Upon delivery of the individual, the treatment director of the facility, or his or her designee, shall determine within 24 hours whether the individual shall be detained, or shall be detained, evaluated, diagnosed and treated, if evaluation, diagnosis and treatment is are permitted under sub. (8), and shall either release the individual or detain him or her for a period not to exceed 72 hours after delivery of the individual, exclusive of Saturdays, Sundays and legal holidays. If the treatment director, or his or her designee, determines that the individual is not eligible for commitment under s. 51.20 (1) (a), the treatment director shall release the individual immediately, unless otherwise authorized by law. If the individual is detained, the treatment director or his or her designee may supplement in writing the statement filed by the law enforcement officer, and shall designate whether the subject individual is believed to be mentally ill, developmentally disabled or drug dependent, if no designation was made by the law enforcement officer. The director or designee may also include other specific information concerning his or her belief that the individual meets the standard for commitment. The treatment director or designee shall then promptly file the original statement together with any supplemental statement and notification of detention with the court having probate jurisdiction in the county in which the individual was taken into custody. The filing of the statement and notification has the same effect as a petition for commitment under s. 51.20.

AB150, s. 3254 Section 3254. 51.15 (8) of the statutes is amended to read:

AB150,1146,22 51.15 (8) (title) Treatment Evaluation, diagnosis and treatment. When an individual is detained under this section, the director and staff of the treatment facility may evaluate, diagnose and treat the individual during detention, if the individual consents. The individual has a right to refuse medication and treatment as provided in s. 51.61 (1) (g) and (h). The individual shall be advised of that right by the director of the facility or his or her designee, and a report of any evaluation and diagnosis and of all treatment provided shall be filed by that person with the court.

AB150, s. 3255 Section 3255. 51.15 (10) of the statutes is amended to read: