c. The community-based residential facility has obtained a waiver from the department under this subdivision or has requested such a waiver from the department and the decision is pending.
3. A community-based residential facility may provide more than 3 hours of nursing care per week or care above intermediate level nursing care to a resident who has a terminal illness and requires the care, under the following conditions:
a. If the resident's primary care provider is a licensed hospice or a licensed home health agency.
b. If the resident's primary care provider is not a licensed hospice or a licensed home health agency, but the community-based residential facility has obtained a waiver of the requirement under subd. 3. a. from the department or has requested such a waiver and the department's decision is pending.
(b) A community-based residential facility may not have a total of more than 4 residents or 10% of the facility's licensed capacity, whichever is greater, who qualify for care under par. (a) 1. or 2. unless the facility has obtained a waiver from the department of the limitation of this paragraph or has requested such a waiver and the department's decision is pending.
(c) The department may grant a waiver of the limitation under par. (a) 2. or 3. a. or (b).
237,226bd
Section 226bd. 50.04 (2) (d) of the statutes is created to read:
50.04 (2) (d) Each nursing home, other than nursing homes that primarily serve the developmentally disabled, shall provide at least the following hours of service by registered nurses, licensed practical nurses or nurse's assistants:
1. For each resident in need of intensive skilled nursing care, 3.25 hours per day, of which a minimum of 0.65 hour shall be provided by a registered nurse or licensed practical nurse.
2. For each resident in need of skilled nursing care, 2.5 hours per day, of which a minimum of 0.5 hour shall be provided by a registered nurse or licensed practical nurse.
3. For each resident in need of intermediate or limited nursing care, 2.0 hours per day, of which a minimum of 0.4 hour shall be provided by a registered nurse or licensed practical nurse.
237,226bm
Section 226bm. 50.04 (2v) of the statutes, as affected by 1997 Wisconsin Act 114, is renumbered 50.04 (2v) (intro.) and amended to read:
50.04 (2v) Posting of notice required. (intro.) A nursing home shall post in a conspicuous location in the nursing home a all of the following:
(a) A notice, provided by the board on aging and long-term care, of the name, address and telephone number of the long-term care ombudsman program under s. 16.009 (2) (b).
237,226br
Section 226br. 50.04 (2v) (b) of the statutes is created to read:
50.04 (2v) (b) The most recent copy of the report for the nursing home that is specified under s. 50.095 (3).
237,226c
Section 226c. 50.04 (4) (d) of the statutes is created to read:
50.04 (4) (d) Suspension of admissions. 1. The department shall suspend new admissions to a nursing home if all of the following apply:
a. The nursing home received notices of violation for a class “A" violation or 3 or more class “B" violations in the previous 12 months.
b. The nursing home received notices of violation for a class “A" violation or 3 or more class “B" violations in any 12-month period during the 3 years immediately preceding the period specified in subd. 1. a.
2. A suspension of admissions under subd. 1. shall begin 90 days after a nursing home received its last notice of violation for a class “A" or class “B" violation if the department determines that the violation remains uncorrected 90 days after the nursing home received the last notice of the violation. If the nursing home indicates to the department that the violation has been corrected, but the department is unable to verify that the violation has been corrected, a suspension of admissions under subd. 1. shall begin on the day that the department makes a return visit to the nursing home and determines that the violation has not been corrected. A suspension of admissions under subd. 1. shall remain in effect until the department determines that all class “A" and class “B" violations by the nursing home have been corrected. Admission of a new resident during the period for which admissions have been suspended constitutes a class “B" violation.
3. In determining whether subd. 1. applies, the department may not consider a notice of violation found to be unjustified after hearing.
4. If the department suspends new admissions to a nursing home under this paragraph, the department shall publish a class 1 notice under ch. 985 in a newspaper likely to give notice in the area where the nursing home is located.
237,226d
Section 226d. 50.04 (5) (a) 1., 2. and 3. (intro.) of the statutes are amended to read:
50.04 (5) (a) 1. A class “A" violation may be subject to a forfeiture of not more than $5,000 $10,000 for each violation.
2. A class “B" violation may be subject to a forfeiture of not more than $1,000 $5,000 for each violation.
3. (intro.) A class “C" violation may be subject to a forfeiture of not more than $100 $500. No forfeiture may be assessed for a class “C" violation unless at least one of the following applies:
237,226e
Section 226e. 50.04 (5) (a) 5. of the statutes is repealed and recreated to read:
50.04 (5) (a) 5. a. A nursing home that violates a statute or rule resulting in a class “A" violation and that has received a notice of violation for a class “A" violation within the previous 3-year period shall be subject to a forfeiture 3 times the amount authorized for a class “A" violation.
b. Except as provided in subd. 5. a., a nursing home that violates a statute or rule resulting in a class “A" or class “B" violation and that has received a notice of violation of the same statute or rule within the previous 3-year period may be subject to a forfeiture 3 times the amount authorized for a class “B" violation.
c. A notice of violation found to be unjustified after hearing may not be considered in applying this subdivision.
d. The forfeiture amount that is tripled under this subdivision shall be the amount assessed after all appeals have been exhausted. If an assessment of forfeiture is not contested and the forfeiture is paid as provided in par. (fm), the forfeiture amount that is tripled is the amount assessed after the reduction specified in par. (fm).
237,226f
Section 226f. 50.04 (5) (a) 6. of the statutes is amended to read:
50.04 (5) (a) 6. If a licensee fails to correct a violation within the time specified in the notice of violation or approved plan of correction, or within the extended correction time granted under sub. (4) (c) 4., or if a violation continues after a report of correction, a separate forfeiture may be assessed the department may assess upon the licensee in an amount not to exceed a separate forfeiture of not more than $10,000 for class “A" violations, and may assess a separate forfeiture of not more than $5,000 for class “B" violations, for each day of continuing violation, $5,000 for class “A" violations and $1,000 for class “B" violations.
237,226g
Section 226g. 50.04 (5) (fm) of the statutes is created to read:
50.04 (5) (fm) Forfeiture reduction for timely payment. If a nursing home does not contest a notice of violation under sub. (4) (e) and does not contest an assessment of forfeiture under par. (e) for a class “A" or class “B" violation and pays the forfeiture to the department within 10 days after receipt of the notice of assessment, the department shall reduce the amount of the assessment by 35%.
237,226h
Section 226h. 50.04 (5) (fr) of the statutes is created to read:
50.04 (5) (fr) Report to the legislature. Annually, the department shall submit a report to the legislature under s. 13.172 (2) that specifies for the previous year the number of class “A" violations, the amount of the forfeiture assessment for each of those violations and, if known, the amount of the forfeiture actually paid and collected with respect to those violations. The report shall also include an explanation for any assessment that was less than $2,500 for the violations specified in the report.
237,227
Section 227
. 50.065 (1) (am) of the statutes is created to read:
50.065 (1) (am) “Certificate of approval" means a certificate of approval issued under s. 50.35.
237,228
Section 228
. 50.065 (1) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
50.065 (1) (b) “Client" means a person who receives direct care or treatment services from an entity.
237,229
Section 229
. 50.065 (1) (c) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
50.065 (1) (c) (intro.) “Entity" means a facility, organization or service that is regulated, licensed or certified by or registered with the department to provide direct care or treatment services to clients. “Entity" includes
a hospital, a personal care worker agency and a supportive home care service agency. “Entity" does not include any of the following:
237,230
Section 230
. 50.065 (1) (c) 3. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
50.065 (1) (c) 3. A person certified as a medical assistance provider, as defined in s. 49.43 (10), who is not otherwise regulated approved under s. 50.065 (1) (cm), licensed or certified by or registered with the department.
237,231
Section 231
. 50.065 (1) (c) 5. of the statutes, as created by 1997 Wisconsin Act 27, is repealed.
237,232
Section 232
. 50.065 (1) (c) 6. of the statutes is created to read:
50.065 (1) (c) 6. A public health dispensary established under s. 252.10.
237,233
Section 233
. 50.065 (1) (cm) of the statutes is created to read:
50.065 (1) (cm) “Hospital" means a facility approved as a hospital under s. 50.35.
237,234
Section 234
. 50.065 (2) (a) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
50.065 (2) (a) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), the department may not license, certify, issue a certificate of approval to or register a person to operate an entity or continue the license, certification, certificate of approval or registration of a person to operate an entity if the department knows or should have known any of the following:
237,235
Section 235
. 50.065 (2) (am) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
50.065 (2) (am) (intro.) The
Subject to subd. 5. and par. (bd), the department shall obtain all of the following with respect to a person specified under par. (a) (intro.) and a person specified under par. (ag) (intro.) who is a nonclient resident or prospective nonclient resident of an entity:
237,236
Section 236
. 50.065 (2) (am) 5. of the statutes is created to read:
50.065 (2) (am) 5. Information maintained by the department under this section regarding any denial to the person of a license, certification, certificate of approval or registration or of a continuation of a license, certification, certificate of approval or registration to operate an entity for a reason specified in par. (a) 1. to 5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, certification, certificate of approval or registration, continuation of a license, certification, certificate of approval or registration, a contract, employment or permission to reside as described in this subdivision, the department need not obtain the information specified in subds. 1. to 4.
237,237
Section 237
. 50.065 (2) (b) 1. (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
50.065 (2) (b) 1. (intro.) Subject to subds.
1. e. and 2. and 3. par. (bd), every entity shall obtain all of the following with respect to a person specified under par. (ag) (intro.) who is an employe or contractor or a prospective employe or contractor of the entity:
237,238
Section 238
. 50.065 (2) (b) 1. e. of the statutes is created to read:
50.065 (2) (b) 1. e. Information maintained by the department under this section regarding any denial to the person of a license, certification, certificate of approval or registration or of a continuation of a license, certification, certificate of approval or registration to operate an entity for a reason specified in par. (a) 1. to 5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the information obtained under this subd. 1. e. indicates that the person has been denied a license, certification, certificate of approval or registration, continuation of a license, certification, certificate of approval or registration, a contract, employment or permission to reside as described in this subd. 1. e., the entity need not obtain the information specified in subd. 1. a. to d.
237,239
Section 239
. 50.065 (2) (b) 3. of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 50.065 (2) (bd) and amended to read:
50.065 (2) (bd) Subdivision 1. does not apply Notwithstanding pars. (am) and (b) 1., the department is not required to obtain the information specified in par. (am) 1. to 5., and an entity is not required to obtain the information specified in par. (b) 1. a. to e., with respect to a person under 18 years of age whose background information form under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at the an entity for a reason specified in par. (ag) 1. to 5. and with respect to whom the department or entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with or permitted to reside at the an entity for any of those reasons. This paragraph does not preclude the department from obtaining, at its discretion, the information specified in par. (am) 1. to 5. with respect to a person described in this paragraph who is a nonclient resident or a prospective nonclient resident of an entity.
237,240
Section 240
. 50.065 (2) (bg) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
50.065 (2) (bg) If an entity takes an action specified in par. (ag) (intro.) with respect to a person
an employe, prospective employe, contractor or prospective contractor for whom, within the last 4 years, the information required under par. (b) 1. a. to c. and e. has already been obtained, either by another entity or by a temporary employment agency, the entity may obtain the information required under par. (b) 1. a. to c. and e. from that other entity or temporary employment agency, which shall provide the information, if possible, to the entity. If an entity cannot obtain the information required under par. (b) 1. a. to c. and e. from another entity or from a temporary employment agency or if an entity has reasonable grounds to believe that any information obtained from another entity or from a temporary employment agency is no longer accurate, the entity shall obtain that information from the sources specified in par. (b) 1. a. to c and e.
237,241
Section 241
. 50.065 (2) (c) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
50.065 (2) (c) If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be employed,
or contracted with or permitted to reside at an entity for a reason specified in par. (ag) 1. to 5., an entity may employ or contract with the person or permit the person to reside at the entity for not more than 60 days pending the receipt of the information sought under par. (b) 1. If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be permitted to reside at an entity for a reason specified in par. (ag) 1. to 5. and if an entity otherwise has no reason to believe that the person is ineligible to be permitted to reside at an entity for any of those reasons, the entity may permit the person to reside at the entity for not more than 60 days pending receipt of the information sought under par. (am). An entity shall provide supervision for a person who is employed or contracted with or permitted to reside as permitted under this paragraph.
237,242
Section 242
. 50.065 (3) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
50.065 (3) (a) Every 4 years or at any time within that period that the department considers appropriate, the department shall request the information specified in sub. (2) (am) 1. to 4. for all persons who are licensed to operate an entity and for all persons specified in par. (ag) (intro.) who are nonclient residents of an entity.
237,243
Section 243
. 50.065 (3) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
50.065 (3) (b) Every 4 years or at any other time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to d. for all persons specified in sub. (2) (ag) (intro.) who are employes or contractors of the entity.
237,244
Section 244
. 50.065 (3m) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
50.065 (3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department obtains the information required under sub. (2) (am) or (3) (a) with respect to a person specified in sub. (2) (a) (intro.) and that person is also an employe, contractor or nonclient resident of the entity, the entity is not required to obtain the information specified in sub. (2) (b) 1. or (3) (b) with respect to that person.
237,245
Section 245
. 50.065 (5) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
50.065 (5) (intro.) The department may license
, certify, issue a certificate of approval to or register to operate an entity a person who otherwise may not be licensed, certified, issued a certificate of approval or registered for a reason specified in sub. (2) (a) 1. to 5., and an entity may employ, contract with or permit to reside at the entity a person who otherwise may not be employed, contracted with or permitted to reside at the entity for a reason specified in sub. (2) (ag) 1. to 5., if the person demonstrates to the department by clear and convincing evidence and in accordance with procedures established by the department by rule that he or she has been rehabilitated. No person who has been convicted of any of the following offenses may be permitted to demonstrate that he or she has been rehabilitated:
237,247
Section 247
. 50.065 (5m) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
50.065 (5m) Notwithstanding s. 111.335, the department may refuse to license, certify or register, or issue a certificate of approval to, a person to operate an entity, and an entity may refuse to employ, contract with or permit to reside at the entity a person specified in sub. (2) (ag) (intro.), if the person has been convicted of an offense that the department has not defined as a “serious crime" by rule promulgated under sub. (7) (a), or specified in the list established by rule under sub. (7) (b), but that is, in the estimation of the department or entity, substantially related to the care of a client.
237,248
Section 248
. 50.065 (6) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
50.065 (6) (a) The department shall require any person who applies for issuance or continuation of a license, certification, certificate of approval or registration to operate an entity to complete a background information form that is provided by the department.
237,249
Section 249
. 50.065 (6) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
50.065 (6) (b) For persons specified under par. (a) who are regulated, licensed, issued a certificate of approval or certified by, or registered with, the department, for person specified in par. (am) 2., and for other persons specified by the department by rule, the entity shall send the background information form to the department. For all other persons specified in par. (a) and for persons specified under par. (am) 1., the entity shall maintain the background information form on file for inspection by the department.
237,250
Section 250
. 50.065 (7) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:
50.065 (7) (a) Establish by rule a definition of “serious crime" for the purpose of this section. The definition shall include only crimes or acts that are substantially related to the care of a client. The definition shall also include those offenses specified in sub. (5) (a) to (e) and shall include classes of crimes or acts involving abuse or neglect of a client or misappropriation of the property of a client for which no person who has committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated. The definition may also include other crimes or acts that do not involve abuse or neglect of a client but that are substantially related to the care of a client for which no person who committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated.
237,251g
Section 251g. 50.095 (3) (intro.) of the statutes, as affected by 1997 Wisconsin Act 114, is amended to read:
50.095 (3) (intro.) The
By July 1, 1998, and annually thereafter, the department shall provide each nursing home and the office of the long-term care ombudsman with a report that includes the following information for the nursing home:
237,251h
Section 251h. 50.095 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 114, is repealed.
237,251i
Section 251i. 50.095 (3) (am) of the statutes, as affected by 1997 Wisconsin Act 114, is created to read:
50.095 (3) (am) The ratio of nursing staff available to residents per shift at each skill level for the previous year for the nursing home, under criteria that the department shall promulgate as rules.
237,251j
Section 251j. 50.095 (3) (b) of the statutes, as affected by 1997 Wisconsin Act 114, is amended to read:
