Wisconsin Legislature: 27,2048

50.03 (5g) (c) 3. Refusal to renew licensure or revocation Revocation of licensure, as specified in pars. (d) to (g).

27,2031 Section 2031 . 50.03 (5g) (d) (intro.) of the statutes is amended to read:

50.03 (5g) (d) (intro.) Under the procedure specified in par. (e), the department may revoke or refuse to renew a license for a licensee for any of the following reasons:

27,2032 Section 2032 . 50.03 (5g) (e) 1. of the statutes is amended to read:

50.03 (5g) (e) 1. The department may revoke or refuse to renew a license for a licensee for the reason specified in par. (d) 1., 2., 3. or 4. and may refuse to renew a license for a licensee for the reason specified in par. (d) 1., 2. or 3. if the department provides the licensee with written notice of revocation or nonrenewal, the grounds for the revocation or nonrenewal and an explanation of the process for appealing the revocation or nonrenewal, at least 30 days before the date of revocation or license expiration. The department may revoke or refuse to renew the license only if the violation remains substantially uncorrected on the date of revocation or license expiration.

27,2034 Section 2034 . 50.03 (5g) (f) of the statutes is amended to read:

50.03 (5g) (f) If a community-based residential facility desires to contest the nonrenewal or revocation of a license or to contest the imposing of a sanction under this subsection, the community-based residential facility shall, within 10 days after receipt of notice under par. (e), notify the department in writing of its request for a hearing under s. 227.44. The department shall hold the hearing within 30 days after receipt of such notice and shall send notice to the community-based residential facility of the hearing as provided under s. 227.44 (2).

27,2035 Section 2035 . 50.03 (5g) (g) 2. of the statutes is repealed.

27,2036 Section 2036 . 50.03 (5g) (g) 3. of the statutes is amended to read:

50.03 (5g) (g) 3. The department may extend the effective date of license revocation or expiration in any case in order to permit orderly removal and relocation of residents.

27,2038 Section 2038 . 50.03 (5m) (a) 2. of the statutes is amended to read:

50.03 (5m) (a) 2. The department has suspended , or revoked or refused to renew the existing license of the facility as provided under sub. (5).

27,2039 Section 2039 . 50.03 (5m) (a) 3. of the statutes is amended to read:

50.03 (5m) (a) 3. The department has initiated revocation or nonrenewal procedures under sub. (5) and has determined that the lives, health, safety, or welfare of the resident cannot be adequately assured pending a full hearing on license nonrenewal or revocation under sub. (5).

27,2041 Section 2041 . 50.032 (2) of the statutes is amended to read:

50.032 (2) Regulation. Standards for operation of certified adult family homes and procedures for application for certification, monitoring, inspection, decertification and appeal of decertification under this section shall be under rules promulgated by the department under s. 50.02 (2) (am) 1. An adult family home certification is valid until decertified under this section. Certification shall be for a term not to exceed 12 months from the date of issuance and is not transferable.

27,2042 Section 2042 . 50.032 (2r) of the statutes is created to read:

50.032 (2r) Reporting. Every 12 months, on a schedule determined by the department, a certified adult family home shall submit an annual report in the form and containing the information that the department requires, including payment of a fee, if any is required under rules promulgated under s. 50.02 (2) (am) 1. If a complete annual report is not timely filed, the department shall issue a warning to the operator of the certified adult family home. The department may decertify a certified adult family home for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.

27,2043 Section 2043 . 50.032 (4) of the statutes is amended to read:

50.032 (4) Decertification. A certified adult family home 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) 1. or because of failure to meet the minimum requirements for certification. The operator of the certified adult family home shall be given written notice of any decertification and the grounds for the decertification. Any adult family home certification applicant or operator of a certified adult family home 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) 1.

27,2044 Section 2044 . 50.033 (2) of the statutes is amended to read:

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 under this section shall be under rules promulgated by the department under s. 50.02 (2) (am) 2. An adult family home licensure is valid until revoked under this section. Licensure shall be for a term not to exceed 24 months from the date of issuance and is not transferable. The biennial licensure fee for a licensed adult family home is $75. 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, on a schedule determined by the department if the department licenses the adult family home under sub. (1m) (b).

27,2045 Section 2045 . 50.033 (2m) of the statutes is created to read:

50.033 (2m) Reporting. Every 24 months, on a schedule determined by the department, a licensed adult family home shall submit a biennial report in the form and containing the information that the department requires, including payment of the fee required under sub. (2). If a complete biennial report is not timely filed, the department shall issue a warning to the licensee. The department may revoke the license for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.

27,2046 Section 2046 . 50.033 (4) of the statutes is amended to read:

50.033 (4) License revocation. The license of a licensed adult family home may be revoked because of the substantial and intentional violation of this section or of rules promulgated by the department under s. 50.02 (2) (am) 2. or because of failure to meet the minimum requirements for licensure. The operator of the licensed adult family home shall be given written notice of any revocation and the grounds for the revocation. Any adult family home licensure applicant or operator of a licensed adult family home may, if aggrieved by the failure to issue or renew the license or by revocation, appeal under the procedures specified by the department by rule under s. 50.02 (2) (am) 2.

27,2046m Section 2046m. 50.034 (3) (e) of the statutes is created to read:

50.034 (3) (e) Post in a conspicuous location in each wing or unit and on each floor of the residential care apartment complex 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).

27,2048 Section 2048 . 50.035 (8) of the statutes is created to read:

50.035 (8) Admission of residents in pilot areas. No community-based residential facility located in a geographic area in which a pilot project under s. 46.271 (2m) is established may admit an individual as a resident until the individual is assessed or is exempt from or waives assessment under s. 46.271 (2m) (a) 2.

27,2048m Section 2048m. 50.035 (9) of the statutes is created to read:

50.035 (9) Notification to prospective residents of assessment requirement. Every community-based residential facility shall inform all prospective residents of the assessment requirements under ss. 46.27 (7) (cj) 3. and (11) (c) 5n. and 46.277 (3) (d) 1n. for the receipt of funds under those sections.

27,2049 Section 2049 . 50.037 (2) (a) of the statutes is amended to read:

50.037 (2) (a) The biennial fee for a community-based residential facility is $170, plus an annual a biennial fee of $22 per resident, based on the number of residents that the facility is licensed to serve.

27,2050 Section 2050 . 50.037 (2) (b) of the statutes is amended to read:

50.037 (2) (b) Such fees Fees specified under par. (a) shall be paid to the department by the community-based residential facility before the department may issue a license under s. 50.03 (4) (a) 1. b. A licensed community-based residential facility that wishes to renew a license issued under s. 50.03 (4) (a) 1. b. shall pay the fee under par. (a) by the renewal date of the license established by the department. A new newly licensed community-based residential facility shall pay the fee under this subsection no later than 30 days before the opening of the facility.

27,2051 Section 2051 . 50.037 (2) (c) of the statutes is amended to read:

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 biennial fee prior to the renewal date of the license established by the department, or a new community-based residential facility subject to this section that fails to submit the 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.

27,2052 Section 2052 . 50.04 (2m) of the statutes is amended to read:

50.04 (2m) Plan of care and assessment required. No nursing home may admit any patient until a physician has completed a plan of care for the patient and the patient is assessed or the patient is exempt from or waives assessment under s. 46.27 (6) (a) or 46.271 (2m) (a) 2. Failure to comply with this subsection is a class “C" violation under sub. (4) (b) 3.

27,2054 Section 2054 . 50.05 (2) (b) of the statutes is amended to read:

50.05 (2) (b) The department has suspended, or revoked or refused to renew the existing license of the facility.

27,2055 Section 2055 . 50.05 (2) (c) of the statutes is amended to read:

50.05 (2) (c) The department has initiated revocation or nonrenewal procedures under s. 50.03 (5) and has determined that the lives, health, safety, or welfare of the residents cannot be adequately assured pending a full hearing on license nonrenewal or revocation.

27,2057 Section 2057 . 50.05 (10) of the statutes is amended to read:

50.05 (10) Contingency fund. If funds collected under subs. (3), (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 fund created under s. 20.435 (1) (6) (dm) to pay the expenses associated with the placement of a monitor, if any, in a nursing home and the receivership of a nursing home. Operating funds collected under this section and not applied to the expenses of the placement of a monitor, if any, and 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.

27,2059 Section 2059 . 50.05 (15) (d) of the statutes is amended to read:

50.05 (15) (d) The lien provided by this subsection is prior to any lien or other interest which originates subsequent to the filing of a petition for receivership under this section, except for a construction or mechanic's lien arising out of work performed with the express consent of the receiver or a lien under s. 292.31 (8) (i), 292.41 (6) (d) or 292.81.

27,2059d Section 2059d. 50.065 of the statutes is created to read:

50.065 Criminal history and patient abuse record search. (1) In this section:

(b) “Client" means a person who receives services from an entity.

(c) “Entity" means a facility, organization or service that is regulated, licensed or certified by or registered with the department. “Entity" includes a personal care worker agency and a supportive home care service agency. “Entity" does not include any of the following:

1. Licensed or certified child care under ch. 48.

2. Kinship care under s. 48.57 (3m).

3. A person certified as a medical assistance provider, as defined in s. 49.43 (10), who is not otherwise regulated, licensed or certified by or registered with the department.

4. An entity, as defined in s. 48.685 (1) (b).

5. Foster homes and treatment foster homes under s. 48.62 that are licensed by the department, a county department under s. 46.215, 46.22 or 46.23 or a child welfare agency.

(d) “Personal care worker agency" has the meaning specified by the department by rule.

(e) “Serious crime" has the meaning specified by the department by rule under sub. (7) (a).

(f) “Supportive home care service agency" has the meaning specified by the department by rule.

(2) (a) Notwithstanding s. 111.335, and except as provided in sub. (5), the department may not license a person to operate an entity or continue the license of a person to operate an entity if the department knows or should have known any of the following:

1. That the person has been convicted of a serious crime.

2. That the person has pending against him or her a charge for a serious crime.

3. That a unit of government or a state agency, as defined in s. 16.61 (2) (d), has made a finding that the person has abused or neglected any client or misappropriated the property of any client.

4. That a determination has been made under s. 48.981 (3) (c) 4. that the person has abused or neglected a child.

5. That, in the case of a position for which the person must be credentialed by the department of regulation and licensing, the person's credential is not current or is limited so as to restrict the person from providing adequate care to a client.

(ag) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity may not hire or contract with a person who will be under the entity's control, as defined by the department by rule, and who is expected to have access to its clients, or permit to reside at the entity a person who is not a client and who is expected to have access to a client, if the entity knows or should have known any of the following:

1. That the person has been convicted of a serious crime.

2. That the person has pending against him or her a charge for a serious crime.

3. That a unit of government or a state agency, as defined in s. 16.61 (2) (d), has made a finding that the person has abused or neglected any client or misappropriated the property of any client.

4. That a determination has been made under s. 48.981 (3) (c) 4. that the person has abused or neglected a child.

(am) The department shall obtain all of the following with respect to a person specified under par. (a) (intro.):

1. A criminal history search from the records maintained by the department of justice.

2. Information that is contained in the registry under s. 146.40 (4g) regarding any findings against the person.

3. Information maintained by the department of regulation and licensing regarding the status of the person's credentials, if applicable.

4. Information maintained by the department regarding any substantiated reports of child abuse or neglect against the person.

(b) 1. Subject to subds. 2. and 3., every entity shall obtain all of the following with respect to a person specified under par. (ag) (intro.):

a. A criminal history search from the records maintained by the department of justice.

b. Information that is contained in the registry under s. 146.40 (4g) regarding any findings against the person.

c. Information maintained by the department of regulation and licensing regarding the status of the person's credentials, if applicable.

d. Information maintained by the department regarding any substantiated reports of child abuse or neglect against the person.

2. Subdivision 1. does not apply with respect to a person with whom the entity contracts or whom the entity employs to provide infrequent or sporadic services, including maintenance services and other services that are not directly related to the care of a client.

3. Subdivision 1. does not apply 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 entity for a reason specified in par. (ag) 1. to 5. and with respect to whom the entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with or permitted to reside at the entity for any of those reasons.

(bg) If an entity takes an action specified in par. (ag) (intro.) with respect to a person for whom, within the last 4 years, the information required under par. (b) 1. a. to c. 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. 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. from another entity or from a temporary employment agency, the entity shall obtain that information from the sources specified in par. (b) 1. a. to c.

(bm) If the person who is the subject of the search under par. (am) or (b) 1. is not a resident of this state, or if at any time within the 3 years preceding the date of the search that person has not been a resident of this state, the department or entity shall make a good faith effort to obtain from any state in which the person is a resident or was a resident within the 3 years preceding the date of the search information that is equivalent to the information specified in par. (am) 1. or (b) 1. a.

(c) If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be employed, 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. An entity shall provide supervision for a person who is employed or contracted with or permitted to reside as permitted under this paragraph.

(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.

(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.).