50.035 Special provisions relating to regulation of community-based residential facilities.
50.037 Community-based residential facility licensing fees.
50.04 Special provisions applying to licensing and regulation of nursing homes.
50.05 Placement of monitor and appointment of receiver.
50.053 Informal conference.
50.06 Certain admissions to facilities.
50.09 Rights of residents in certain facilities.
50.095 Resident's right to know.
50.096 Nursing home reports.
50.098 Appeals of transfers or discharges.
50.10 Private cause of action.
50.11 Cumulative remedies.
50.12 Waiver of federal requirements.
50.13 Fees permitted for a workshop or seminar.
50.135 Licensing and approval fees for inpatient health care facilities.
50.14 Assessments on occupied, licensed beds.
SUBCHAPTER II
HOSPITALS
50.32 Hospital regulation and approval act.
50.35 Application and approval.
50.36 Rules and standards.
50.37 Notification to accrediting organization.
50.39 Exemptions and enforcement.
50.49 Licensing and regulation of home health agencies.
SUBCHAPTER III
RURAL MEDICAL CENTERS
50.51 Departmental powers.
50.52 Licensing procedure and requirements.
50.53 Inspections and investigations.
50.55 Penalties and remedies.
SUBCHAPTER IV
HOSPICES
50.91 Departmental powers and duties.
50.92 Licensing requirements.
50.925 Use of name or advertising prohibited.
50.93 Licensing procedure.
50.95 Rule-making authority.
50.97 Right of injunction.
Ch. 50 Cross-reference
Cross-reference: See s.
46.011 for definitions applicable to chs.
46,
48,
50,
51,
55 and
58.
CARE AND SERVICE RESIDENTIAL FACILITIES
50.01
50.01
Definitions. As used in this subchapter:
50.01(1)
(1) "Adult family home" means one of the following:
50.01(1)(a)
(a) A private residence to which all of the following apply:
50.01(1)(a)1.
1. Care and maintenance above the level of room and board but not including nursing care are provided in the private residence by the care provider whose primary domicile is this residence for 3 or 4 adults, or more adults if all of the adults are siblings, each of whom has a developmental disability, as defined in
s. 51.01 (5), or, if the residence is licensed as a foster home, care and maintenance are provided to children, the combined total of adults and children so served being no more than 4, or more adults or children if all of the adults or all of the children are siblings, or, if the residence is licensed as a treatment foster home, care and maintenance are provided to children, the combined total of adults and children so served being no more than 4.
50.01(1)(a)2.
2. The private residence was licensed under
s. 48.62 as a foster home or treatment foster home for the care of the adults specified in
subd. 1. at least 12 months before any of the adults attained 18 years of age.
50.01(1)(b)
(b) A place that meets the definition under
sub. (1g), except
sub. (1g) (e), and except that only 3 or 4 unrelated adults reside there.
50.01(1d)
(1d) "Assisted living facility" means a place where 5 or more adults reside that consists of independent apartments, each of which has an individual lockable entrance and exit, a kitchen, including a stove, and individual bathroom, sleeping and living areas, and that provides, to a person who resides in the place, not more than 28 hours per week of services that are supportive, personal and nursing services. "Assisted living facility" does not include a nursing home or a community-based residential facility, but may be physically part of a structure that is a nursing home or community-based residential facility.
50.01(1g)
(1g) "Community-based residential facility" means a place where 5 or more unrelated adults reside in which care, treatment or services above the level of room and board but not including nursing care are provided to persons residing in the facility as a primary function of the facility. "Community-based residential facility" does not include any of the following:
50.01(1g)(a)
(a) A convent or facility owned or operated by members of a religious order exclusively for the reception and care or treatment of members of that order.
50.01(1g)(b)
(b) A facility or private home that provides care, treatment and services only for victims of domestic abuse, as defined in
s. 46.95 (1) (a), and their children.
50.01(1g)(d)
(d) A place that provides lodging for individuals and in which all of the following conditions are met:
50.01(1g)(d)1.
1. Each lodged individual is able to exit the place under emergency conditions without the assistance of another individual.
50.01(1g)(d)2.
2. No lodged individual receives from the owner, manager or operator of the place or the owner's, manager's or operator's agent or employe any of the following:
50.01(1g)(d)2.a.
a. Personal care, supervision or treatment, or management, control or supervision of prescription medications.
50.01(1g)(d)2.b.
b. Care or services other than board, information, referral, advocacy or job guidance; location and coordination of social services by an agency that is not affiliated with the owner, manager or operator, for which arrangements were made for an individual before he or she lodged in the place; or, in the case of an emergency, arrangement for the provision of health care or social services by an agency that is not affiliated with the owner, manager or operator.
50.01(1m)
(1m) "Facility" means a nursing home or community-based residential facility. If notice is required to be served on a facility or a facility is required to perform any act, "facility" means the person licensed or required to be licensed under
s. 50.03 (1).
50.01(2)
(2) "Nurse's assistant" means a person who performs routine patient care duties delegated by a registered nurse or licensed practical nurse who supervises the person, for the direct health care of a patient or resident. "Nurse's assistant" does not mean a person who is licensed, permitted, certified or registered under
ch. 441,
448,
449,
450,
451,
455 or
459 or a person whose duties primarily involve skills that are different than those taught in instructional programs for nurse's assistants.
50.01(3)
(3) "Nursing home" means a place which provides 24-hour services including board and room to 3 or more unrelated residents who because of their mental or physical condition require nursing care or personal care in excess of 7 hours a week. "Nursing home" does not include any of the following:
50.01(3)(c)
(c) A convent or facility owned or operated exclusively by and for members of a religious order that provides reception and care or treatment of an individual.
50.01(4m)
(4m) "Operator" means any person licensed or required to be licensed under
s. 50.03 (1).
50.01(4o)
(4o) "Personal care" means assistance with the activities of daily living, such as eating, dressing, bathing and ambulation.
50.01(4r)
(4r) "Plan of correction" means a nursing home's response to alleged deficiencies cited by the department on forms provided by the department.
50.01(5)
(5) "Primary function" means the basic or essential care, treatment or services provided to residents of a facility.
50.01(5m)
(5m) "Recuperative care" means care anticipated to be provided in a nursing home for a period of 90 days or less for a resident whose physician has certified that he or she is convalescing or recuperating from an illness or medical treatment.
50.01(6)
(6) "Resident" means a person cared for or treated in any nursing home or community-based residential facility, irrespective of how admitted.
50.01(6g)
(6g) "Respite care" means care anticipated to be provided in a nursing home for a period of 28 days or less for the purpose of temporarily relieving a family member or other caregiver from his or her daily caregiving duties.
50.01(6r)
(6r) "Short-term care" means recuperative care or respite care provided in a nursing home.
50.01(7)
(7) "Violation" means a failure to comply with any provision of this subchapter or administrative rule promulgated thereunder. An alleged deficiency in a nursing home reported in writing to the department by any of its authorized representatives shall not be deemed to be a violation until the department determines it is a violation by serving notice under
s. 50.04 (4). If the facility contests the department determination, the facility shall be afforded the due process procedures in this subchapter.
50.01 Annotation
Up to 7 hours of nursing care may be provided by a community based residential facility under sub. (1g) . Hacker v. DHSS, 197 W (2d) 441, 541 NW (2d) 766 ( 1995).
50.02
50.02
Department; powers and duties.
