LRB-3788/1
DAK:kmg:ks
1995 - 1996 LEGISLATURE
August 23, 1995 - Introduced by Senators Schultz, Rosenzweig, Jauch, Breske,
Clausing, Rude, Panzer and Cowles, cosponsored by Representatives Freese,
Musser, Hahn, Ourada, Gronemus, Baldus, Harsdorf, Zukowski, Handrick,
Vrakas, Boyle, Seratti, Goetsch, Albers, Riley, Ainsworth, Urban,
Grothman, Underheim, Brancel and Green, by request of Rural Wisconsin
Health Cooperative.. Referred to Committee on Health, Human Services and
Aging.
SB309,1,4
1An Act to repeal 50.02 (6);
to amend 20.435 (1) (gm); and
to create subchapter
2III of chapter 50 [precedes 50.50], 146.81 (1) (p) and 146.82 (2) (a) 17. of the
3statutes;
relating to: regulating rural medical centers, granting rule-making
4authority, making an appropriation and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, the department of health and social services (DHSS) must
investigate the concept of regulating a new category of health care providers known
as rural medical centers.
This bill eliminates that provision and establishes rural medical centers as a
category of health care providers that, beginning on July 1, 1996, must be licensed,
inspected and otherwise regulated by DHSS. Under the bill, a facility may be
regulated as a rural medical center if it is organized under a single governing and
corporate structure, is located in a county, city, town or village that has a population
of less than 15,000 and in an area that the federal bureau of the census has not
defined as an urbanized area and if it provides 2 or more health care services. The
health care services are those provided by a hospital, a rural primary care hospital
(as defined in (the bill), a nursing home, a hospice, a rural health clinic or an
ambulatory surgery center; or they are home health services, outpatient physical
therapy services, end-stage renal disease services or services that are specified by
DHSS by rule.
The bill establishes licensing procedures and requires that DHSS promulgate
rules that establish standards for operation of rural medical centers, minimum
requirements for license issuance, licensure fee amounts, and procedures and
criteria for waiver of or variance from standards and requirements. As part of license
issuance, DHSS must inspect the health care services provided by an applying rural
medical center, except that DHSS may, instead, accept evidence that an applicant
has certain current state licensure or approval, has a current medicare provider
agreement, has been designated as a rural primary care hospital or satisfies
requirements in DHSS rules. The bill exempts a hospital, nursing home, hospice or
home health agency that provides all of its services as part of a licensed rural medical
center from obtaining licensure or approval and paying license or approval fees
under other state laws. These facilities are not, however, exempted from standards
and other regulations for operation under those licensing laws, unless the laws
conflict with laws regulating rural medical centers. The bill authorizes DHSS to
conduct unannounced inspections of rural medical centers and requires a rural
medical center to provide access to any patient health care records necessary to fulfill
the purpose of any DHSS inspections or investigations. The bill prohibits an
unlicensed entity from using the phrase "rural medical center" to describe itself,
prohibits intentional interference with any investigation by DHSS of alleged
violations, prohibits certain intentional retaliation or discrimination against
employes or patients and prohibits intentional destruction or modification of original
inspection reports.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB309, s. 1
1Section
1
. 20.435 (1) (gm) of the statutes is amended to read:
SB309,2,92
20.435
(1) (gm)
Licensing, review and certifying activities. The amounts in the
3schedule for the purposes specified in ss. 50.135, 50.49 (2) (b),
50.52 (2) (a), 146.50
4(8), 250.05 (6), 252.22 (7), 254.176, 254.178, 254.20 (5) and (8), 254.31 to 254.39,
5254.47, 254.61 to 254.89 and 255.08 (2), subch. IV of ch. 50 and ch. 150. All moneys
6received under ss. 50.135, 50.49 (2) (b),
50.52 (2) (a), 50.93 (1) (c), 146.50 (8) (d),
7150.13, 250.05 (6), 252.22 (7), 254.176, 254.178, 254.20 (5) and (8), 254.31 to 254.39,
8254.47, 254.61 to 254.89 and 255.08 (2) (b), less the amounts appropriated under s.
920.488 (1) (g), shall be credited to this appropriation.
SB309, s. 2
10Section
2. 50.02 (6) of the statutes is repealed.
SB309, s. 3
11Section
3. Subchapter III of chapter 50 [precedes 50.50] of the statutes is
12created to read:
SB309,3,2
1Subchapter III
2
rural medical centers
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350.50 Definitions. In this subchapter:
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4(1) "Ambulatory surgery center" has the meaning given in s. 49.45 (6r) (a) 1.
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5(2) "End-stage renal disease services" has the meaning given under
42 CFR
6405.2102.
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7(3) "Health care services" means any of the following:
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(a) Care that is provided in or by any of the following:
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1. A hospital.
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2. A nursing home.
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3. A hospice.
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4. A rural health clinic.
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5. An ambulatory surgery center.
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6. A rural primary care hospital.
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(b) Home health services.
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(c) Outpatient physical therapy services.
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(d) End-stage renal disease services.
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(e) Services that are specified in rules that the department promulgates.
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19(4) "Home health services" has the meaning given in s. 50.49 (1) (b).
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20(5) "Hospice" has the meaning given in s. 50.90 (1).
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21(6) "Hospital" has the meaning given in s. 50.33 (2) (a) or (b), except that
22"hospital" does not include a rural primary care hospital.
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23(7) "Medicare" has the meaning given in s. 49.45 (3) (L) 1. b.
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24(8) "Outpatient physical therapy services" has the meaning given under
42
25USC 1395x (p).
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1(9) "Patient" means an individual who receives services from a rural medical
2center.
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3(10) "Rural health clinic" has the meaning given under
42 USC 1395x (aa) (2).
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4(11) "Rural medical center" means an arrangement of facilities, equipment,
5services and personnel that is all of the following:
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(a) Organized under a single governing and corporate structure.
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(b) Capable of providing or assuring health care services, including appropriate
8referral, treatment and follow-up services, at one or more locations in a county, city,
9town or village that has a population of less than 15,000 and that is in an area that
10is not an urbanized area, as defined by the federal bureau of the census.
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(c) A provider of at least 2 health care services under the arrangement or
12through a related corporate entity.
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13(12) "Rural primary care hospital" means a facility that is currently designated
14by the federal health care financing administration as meeting the applicable
15requirements of
42 USC 1395i-4 (i) (2) and of
42 CFR 485, Subpart F.
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1650.51 Departmental powers. The department shall do all of the following:
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17(1) Provide uniform, statewide licensing, inspection and regulation of rural
18medical centers as specified in this subchapter.
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19(2) Promulgate rules that establish all of the following:
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(a) For the operation of licensed rural medical centers, standards that are
21designed to protect and promote the health, safety, rights and welfare of patients who
22receive health care services in rural medical centers.
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(b) Minimum requirements for issuance of a provisional license, a regular
24initial license or a license renewal to rural medical centers.
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1(c) Fees for rural medical center provisional licensure and regular initial
2licensure and licensure renewal. The amounts of the fees shall be based on the health
3care services provided by the rural medical center.
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(d) A procedure and criteria for waiver of or variance from standards under par.
5(a) or minimum requirements under par. (b).
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650.52 Licensing procedure and requirements. (1) No person may be
7required to obtain licensure as a rural medical center, except that no person may
8conduct, maintain, operate or permit to be conducted, maintained or operated health
9care services as a rural medical center unless the rural medical center is licensed by
10the department.
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11(2) The department shall issue a provisional license, a regular initial license
12or a license renewal as a rural medical center to an applicant if all of the following
13are first done:
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(a) The applicant pays the appropriate license fee, as established under s. 50.51
15(2) (c). Fees collected under this paragraph shall be credited to the appropriation
16under s. 20.435 (1) (gm) for licensing and inspection activities.
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(b) Except as provided in par. (c), the department inspects the health care
18services provided by the applying rural medical center and finds that the applicant
19is fit and qualified and meets the requirements and standards of this subchapter and
20the rules promulgated under this subchapter.
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(c) In lieu of conducting the inspection under par. (b), the department accepts
22evidence that an applicant meets one of the following requirements:
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1. Has applicable current, valid state licensure or approval as a hospital, a
24nursing home, a hospice or a home health agency.
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12. Has an applicable, current agreement to participate as an eligible provider
2in medicare.
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3. Is a rural primary care hospital.
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4. Satisfies qualifications that are specified by the department by rule.
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5(3) Each license shall bear the name of the owner of the rural medical center,
6the name and address of the rural medical center and the health care services that
7the department authorizes the rural medical center to provide.