AB100-ASA1,856,2315 49.90 (2g) In addition to the remedy specified in sub. (2), upon failure of a
16grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who
17is or may be required to provide maintenance under sub. (1) (a) 2., a child of a
18dependent minor or the child's parent may apply to the circuit court for the county
19in which the child resides for an order to compel the provision of maintenance. A
20county department under s. 46.215, 46.22 or 46.23, a county child support agency
21under s. 59.53 (5) or the department of workforce development may initiate an action
22to obtain maintenance of the child by the child's grandparent under sub. (1) (a) 2.,
23regardless of whether the child receives public assistance.
AB100-ASA1, s. 2004m 24Section 2004m. 49.96 of the statutes is amended to read:
AB100-ASA1,857,6
149.96 Assistance grants exempt from levy. All grants of aid to families with
2dependent children, payments made under ss. 48.57 (3m) or , 49.148 (1) (b) 1. or (c)
3or (1m) or 49. 149
to 49.159, payments made for social services, cash benefits paid
4by counties under s. 59.53 (21), and benefits under s. 49.77 or federal Title XVI, are
5exempt from every tax, and from execution, garnishment, attachment and every
6other process and shall be inalienable.
AB100-ASA1, s. 1589 7Section 1589. 50.03 (1m) of the statutes is amended to read:
AB100-ASA1,857,148 50.03 (1m) Distinct part or separate licensure for institutions for mental
9diseases.
Upon application to the department, the department may approve
10licensure of the operation of a nursing home or a distinct part of a nursing home as
11an institution for mental diseases, as defined under 42 CFR 435.1009. Conditions
12and procedures for application for, approval of, and operation under and renewal of
13licensure under this subsection shall be established in rules promulgated by the
14department.
AB100-ASA1, s. 1590 15Section 1590. 50.03 (2) (d) of the statutes is amended to read:
AB100-ASA1,857,2116 50.03 (2) (d) Any holder of a license or applicant for a license shall be deemed
17to have given consent to any authorized officer, employe or agent of the department
18to enter and inspect the facility in accordance with this subsection. Refusal to permit
19such entry or inspection shall constitute grounds for initial licensure denial,
20nonrenewal as provided in sub. (4), or suspension or revocation of license, as provided
21in sub. (5).
AB100-ASA1, s. 1591 22Section 1591. 50.03 (3) (b) (intro.) of the statutes is amended to read:
AB100-ASA1,858,223 50.03 (3) (b) (intro.) The application for a license or a license renewal and the
24report of a licensee
shall be in writing upon forms provided by the department and

1shall contain such information as the department requires, including the name,
2address and type and extent of interest of each of the following persons:
AB100-ASA1, s. 1592 3Section 1592. 50.03 (3) (f) of the statutes is amended to read:
AB100-ASA1,858,64 50.03 (3) (f) Community-based residential facilities applying for renewal of
5license shall report all formal complaints regarding their operation filed under sub.
6(2) (f) and the disposition of each when reporting under sub. (4) (c) 1.
AB100-ASA1, s. 1593 7Section 1593. 50.03 (4) (a) 1. b. of the statutes is amended to read:
AB100-ASA1,859,28 50.03 (4) (a) 1. b. Except as provided in sub. (4m) (b), the department shall issue
9a license for a community-based residential facility if it finds the applicant to be fit
10and qualified, if it finds that the community-based residential facility meets the
11requirements established by this subchapter and if the community-based
12residential facility has paid the license fee under s. 50.037 (2) (a). In determining
13whether to issue a license for a community-based residential facility, the department
14may consider any action by the applicant or by an employe of the applicant that
15constitutes a substantial failure by the applicant or employe to protect and promote
16the health, safety or welfare of a resident. The department may deny licensure to
17or not renew revoke licensure for any person who conducted, maintained, operated
18or permitted to be maintained or operated a community-based residential facility for
19which licensure was revoked. The department, or its designee, shall make such
20inspections and investigations as are necessary to determine the conditions existing
21in each case and shall file written reports. Before renewing the license of any In
22reviewing the report of a
community-based residential facility that is required to be
23submitted under par. (c) 1.
, the department shall consider all complaints filed under
24sub. (2) (f) during the current license period since initial license issuance or since the

1last review, whichever is later,
and the disposition of each. The department shall
2promulgate rules defining "fit and qualified" for the purposes of this subd. 1. b.
AB100-ASA1, s. 1594 3Section 1594. 50.03 (4) (a) 2. of the statutes is amended to read:
AB100-ASA1,859,84 50.03 (4) (a) 2. The past record of violations of applicable laws and regulations
5of the United States or of this or any other state, in the operation of a residential or
6health care facility, or in any other health-related activity by any of the persons
7listed in sub. (3) (b) shall be relevant to the issue of the fitness of an applicant for
8issuance or renewal of a license.
AB100-ASA1, s. 1595 9Section 1595. 50.03 (4) (c) 1. of the statutes is amended to read:
AB100-ASA1,859,2410 50.03 (4) (c) 1. Unless sooner A community-based residential facility license
11is valid until it is
revoked or suspended, a community-based residential facility
12license is valid for 24 months. At least 30 days prior to license expiration, the
13applicant
under this section. Every 24 months, on a schedule determined by the
14department, a community-based residential facility licensee
shall submit a biennial
15report and application for renewal of the license in the form and containing the
16information that the department requires. If the report and application are
17approved, the license shall be renewed for an additional 24-month period. If the
18application for renewal and
, including payment of the fees required under s. 50.037
19(2) (a). If
a complete annual biennial report are is not timely filed, the department
20shall issue a warning to the licensee. Failure to make application for renewal within
2130 days after receipt of the warning is grounds for nonrenewal of the license.
The
22department may revoke a community-based residential facility license for failure to
23timely and completely report within 60 days after the report date established under
24the schedule determined by the department.
AB100-ASA1, s. 1596 25Section 1596. 50.03 (4) (c) 2. of the statutes is amended to read:
AB100-ASA1,860,16
150.03 (4) (c) 2. Unless sooner revoked or suspended, a A nursing home license
2is valid for 12 months, but may be issued to a new licensee for less than 12 months
3to coincide with the date of federal medical assistance certification as a skilled
4nursing facility or intermediate care facility. At least 120 days but not more than 150
5days prior to license expiration, the applicant
until it is revoked or suspended under
6this section. Every 12 months, on a schedule determined by the department, a
7nursing home licensee
shall submit an annual a report and application for renewal
8of the license
in the form and containing the information that the department
9requires. If the report and application are approved, the license shall be renewed for
10an additional 12-month period. If the application for renewal and
, including
11payment of the fee required under s. 50.135 (2) (a). If
a complete annual report are
12is not timely filed, the department shall issue a warning to the licensee. Failure to
13make application for renewal within 30 days after receipt of the warning is grounds
14for
nonrenewal of the license. The department may revoke a nursing home license
15for failure to timely and completely report within 60 days after the report date
16established under the schedule determined by the department.
AB100-ASA1, s. 1597 17Section 1597. 50.03 (4) (e) of the statutes is amended to read:
AB100-ASA1,860,2518 50.03 (4) (e) Each license shall be issued only for the premises and persons
19named in the application and shall not be is not transferable or assignable. The
20license shall be posted in a place readily visible to residents and visitors, such as the
21lobby or reception area of the facility. Any license granted shall state the maximum
22bed capacity allowed, the person to whom the license is granted, the date, the
23expiration date
of issuance, the maximum level of care for which the facility is
24licensed as a condition of its licensure and such additional information and special
25conditions as the department may prescribe.
AB100-ASA1, s. 1598
1Section 1598. 50.03 (4) (f) of the statutes is amended to read:
AB100-ASA1,861,52 50.03 (4) (f) The issuance or renewal continuance of a license after notice of a
3violation has been sent shall not constitute a waiver by the department of its power
4to rely on the violation as the basis for subsequent license revocation or other
5enforcement action under this subchapter arising out of the notice of violation.
AB100-ASA1, s. 1599 6Section 1599. 50.03 (5) (title) of the statutes is amended to read:
AB100-ASA1,861,87 50.03 (5) (title) Nonrenewal Suspension and revocation of nursing home
8licenses.
AB100-ASA1, s. 1600 9Section 1600. 50.03 (5) (a) of the statutes is amended to read:
AB100-ASA1,861,1610 50.03 (5) (a) Power of department. The department, after notice to a nursing
11home applicant or licensee, may suspend, or revoke or refuse to renew a license in
12any case in which the department finds that the nursing home has substantially
13failed to comply with the applicable requirements of this subchapter and the rules
14promulgated under this subchapter. No state or federal funds passing through the
15state treasury may be paid to a nursing home that does not have a valid license issued
16under this section.
AB100-ASA1, s. 1601 17Section 1601. 50.03 (5) (b) of the statutes is amended to read:
AB100-ASA1,861,2118 50.03 (5) (b) Form of notice. Notice under this subsection shall include a clear
19and concise statement of the violations on which the nonrenewal or revocation is
20based, the statute or rule violated and notice of the opportunity for an evidentiary
21hearing under par. (c).
AB100-ASA1, s. 1602 22Section 1602. 50.03 (5) (c) of the statutes is amended to read:
AB100-ASA1,862,323 50.03 (5) (c) (title) Contest of nonrenewal or revocation. If a nursing home
24desires to contest the nonrenewal or revocation of a license, the nursing home shall,
25within 10 days after receipt of notice under par. (b), notify the department in writing

1of its request for a hearing under s. 227.44. The department shall hold the hearing
2within 30 days of receipt of such notice and shall send notice to the nursing home of
3the hearing as provided under s. 227.44 (2).
AB100-ASA1, s. 1603 4Section 1603. 50.03 (5) (d) (title) of the statutes is amended to read:
AB100-ASA1,862,55 50.03 (5) (d) (title) Effective date of nonrenewal or revocation.
AB100-ASA1, s. 1604 6Section 1604. 50.03 (5) (d) 2. of the statutes is repealed.
AB100-ASA1, s. 1605 7Section 1605. 50.03 (5) (d) 3. of the statutes is amended to read:
AB100-ASA1,862,108 50.03 (5) (d) 3. The department may extend the effective date of license
9revocation or expiration in any case in order to permit orderly removal and relocation
10of residents of the nursing home.
AB100-ASA1, s. 1606 11Section 1606. 50.03 (5g) (c) 3. of the statutes is amended to read:
AB100-ASA1,862,1312 50.03 (5g) (c) 3. Refusal to renew licensure or revocation Revocation of
13licensure, as specified in pars. (d) to (g).
AB100-ASA1, s. 1607 14Section 1607. 50.03 (5g) (d) (intro.) of the statutes is amended to read:
AB100-ASA1,862,1615 50.03 (5g) (d) (intro.) Under the procedure specified in par. (e), the department
16may revoke or refuse to renew a license for a licensee for any of the following reasons:
AB100-ASA1, s. 1608 17Section 1608. 50.03 (5g) (e) 1. of the statutes is amended to read:
AB100-ASA1,863,218 50.03 (5g) (e) 1. The department may revoke or refuse to renew a license for
19a licensee for the reason specified in par. (d) 1., 2., 3. or 4. and may refuse to renew
20a license for a licensee for the reason specified in par. (d) 1., 2. or 3.
if the department
21provides the licensee with written notice of revocation or nonrenewal, the grounds
22for the revocation or nonrenewal and an explanation of the process for appealing the
23revocation or nonrenewal, at least 30 days before the date of revocation or license
24expiration
. The department may revoke or refuse to renew the license only if the

1violation remains substantially uncorrected on the date of revocation or license
2expiration.
AB100-ASA1, s. 1609 3Section 1609. 50.03 (5g) (f) of the statutes is amended to read:
AB100-ASA1,863,104 50.03 (5g) (f) If a community-based residential facility desires to contest the
5nonrenewal or revocation of a license or to contest the imposing of a sanction under
6this subsection, the community-based residential facility shall, within 10 days after
7receipt of notice under par. (e), notify the department in writing of its request for a
8hearing under s. 227.44. The department shall hold the hearing within 30 days after
9receipt of such notice and shall send notice to the community-based residential
10facility of the hearing as provided under s. 227.44 (2).
AB100-ASA1, s. 1610 11Section 1610. 50.03 (5g) (g) 2. of the statutes is repealed.
AB100-ASA1, s. 1611 12Section 1611. 50.03 (5g) (g) 3. of the statutes is amended to read:
AB100-ASA1,863,1513 50.03 (5g) (g) 3. The department may extend the effective date of license
14revocation or expiration in any case in order to permit orderly removal and relocation
15of residents.
AB100-ASA1, s. 1612 16Section 1612. 50.03 (5m) (a) 2. of the statutes is amended to read:
AB100-ASA1,863,1817 50.03 (5m) (a) 2. The department has suspended, or revoked or refused to
18renew
the existing license of the facility as provided under sub. (5).
AB100-ASA1, s. 1613 19Section 1613. 50.03 (5m) (a) 3. of the statutes is amended to read:
AB100-ASA1,863,2320 50.03 (5m) (a) 3. The department has initiated revocation or nonrenewal
21procedures under sub. (5) and has determined that the lives, health, safety, or
22welfare of the resident cannot be adequately assured pending a full hearing on
23license nonrenewal or revocation under sub. (5).
AB100-ASA1, s. 1614 24Section 1614. 50.032 (2) of the statutes is amended to read:
AB100-ASA1,864,6
150.032 (2) Regulation. Standards for operation of certified adult family homes
2and procedures for application for certification, monitoring, inspection,
3decertification and appeal of decertification under this section shall be under rules
4promulgated by the department under s. 50.02 (2) (am) 1. An adult family home
5certification is valid until decertified under this section.
Certification shall be for a
6term not to exceed 12 months from the date of issuance and
is not transferable.
AB100-ASA1, s. 1615 7Section 1615. 50.032 (2r) of the statutes is created to read:
AB100-ASA1,864,158 50.032 (2r) Reporting. Every 12 months, on a schedule determined by the
9department, a certified adult family home shall submit an annual report in the form
10and containing the information that the department requires, including payment of
11a fee, if any is required under rules promulgated under s. 50.02 (2) (am) 1. If a
12complete annual report is not timely filed, the department shall issue a warning to
13the operator of the certified adult family home. The department may decertify a
14certified adult family home for failure to timely and completely report within 60 days
15after the report date established under the schedule determined by the department.
AB100-ASA1, s. 1616 16Section 1616. 50.032 (4) of the statutes is amended to read:
AB100-ASA1,864,2517 50.032 (4) Decertification. A certified adult family home may be decertified
18because of the substantial and intentional violation of this section or of rules
19promulgated by the department under s. 50.02 (2) (am) 1. or because of failure to
20meet the minimum requirements for certification. The operator of the certified adult
21family home shall be given written notice of any decertification and the grounds for
22the decertification. Any adult family home certification applicant or operator of a
23certified adult family home may, if aggrieved by the failure to issue or renew the
24certification or by decertification, appeal under the procedures specified by the
25department by rule under s. 50.02 (2) (am) 1.
AB100-ASA1, s. 1617
1Section 1617. 50.033 (2) of the statutes is amended to read:
AB100-ASA1,865,122 50.033 (2) Regulation. Standards for operation of licensed adult family homes
3and procedures for application for licensure, monitoring, inspection, revocation and
4appeal of revocation under this section shall be under rules promulgated by the
5department under s. 50.02 (2) (am) 2. An adult family home licensure is valid until
6revoked under this section.
Licensure shall be for a term not to exceed 24 months
7from the date of issuance and
is not transferable. The biennial licensure fee for a
8licensed adult family home is $75. The fee is payable to the county department under
9s. 46.215, 46.22, 46.23, 51.42 or 51.437, if the county department licenses the adult
10family home under sub. (1m) (b), and is payable to the department, on a schedule
11determined by the department
if the department licenses the adult family home
12under sub. (1m) (b).
AB100-ASA1, s. 1618 13Section 1618. 50.033 (2m) of the statutes is created to read:
AB100-ASA1,865,2014 50.033 (2m) Reporting. Every 24 months, on a schedule determined by the
15department, a licensed adult family home shall submit a biennial report in the form
16and containing the information that the department requires, including payment of
17the fee required under sub. (2). If a complete biennial report is not timely filed, the
18department shall issue a warning to the licensee. The department may revoke the
19license for failure to timely and completely report within 60 days after the report date
20established under the schedule determined by the department.
AB100-ASA1, s. 1619 21Section 1619. 50.033 (4) of the statutes is amended to read:
AB100-ASA1,866,522 50.033 (4) License revocation. The license of a licensed adult family home may
23be revoked because of the substantial and intentional violation of this section or of
24rules promulgated by the department under s. 50.02 (2) (am) 2. or because of failure
25to meet the minimum requirements for licensure. The operator of the licensed adult

1family home shall be given written notice of any revocation and the grounds for the
2revocation. Any adult family home licensure applicant or operator of a licensed adult
3family home may, if aggrieved by the failure to issue or renew the license or by
4revocation, appeal under the procedures specified by the department by rule under
5s. 50.02 (2) (am) 2.
AB100-ASA1, s. 2046k 6Section 2046k. 50.034 (2m) of the statutes is created to read:
AB100-ASA1,866,127 50.034 (2m) Fees. (a) When the department determines that the total number
8of beds in certified or registered residential care apartment complexes has reached
9500, the department shall establish an annual fee to be charged to each residential
10care apartment complex. Except as provided under par. (b), the department shall
11establish the fee at a rate that will generate sufficient revenue to support the costs
12of the ombudsman positions funded from the appropriation under s. 20.432 (1) (kd).
AB100-ASA1,866,1413 (b) The department may not establish a fee under par. (a) at a rate that is in
14excess of $100 per bed per residential care apartment complex.
AB100-ASA1, s. 2046m 15Section 2046m. 50.034 (3) (e) of the statutes is created to read:
AB100-ASA1,866,1916 50.034 (3) (e) Post in a conspicuous location in each wing or unit and on each
17floor of the residential care apartment complex a notice, provided by the board on
18aging and long-term care, of the name, address and telephone number of the
19long-term care ombudsman program under s. 16.009 (2) (b).
AB100-ASA1, s. 2046n 20Section 2046n. 50.034 (3) (f) of the statutes is created to read:
AB100-ASA1,866,2121 50.034 (3) (f) Pay to the department the fee established under sub. (2m).
AB100-ASA1, s. 1620 22Section 1620. 50.035 (8) of the statutes is created to read:
AB100-ASA1,867,223 50.035 (8) Admission of residents in pilot areas. No community-based
24residential facility located in a geographic area in which a pilot project under s.

146.271 (2m) is established may admit an individual as a resident until the individual
2is assessed or is exempt from or waives assessment under s. 46.271 (2m) (a) 2.
AB100-ASA1,867,3 3Section2048m. 50.035 (9) of the statutes is created to read:
AB100-ASA1,867,74 50.035 (9) Notification to prospective residents of assessment requirement.
5Every community-based residential facility shall inform all prospective residents of
6the assessment requirements under ss. 46.27 (7) (cj) 3. and (11) (c) 5n. and 46.277 (3)
7(c) 1n. for the receipt of funds under those sections.
AB100-ASA1, s. 1621 8Section 1621 . 50.037 (2) (a) of the statutes is amended to read:
AB100-ASA1,867,119 50.037 (2) (a) The biennial fee for a community-based residential facility is
10$170, plus an annual a biennial fee of $22 per resident, based on the number of
11residents that the facility is licensed to serve.
AB100-ASA1, s. 1622 12Section 1622. 50.037 (2) (b) of the statutes is amended to read:
AB100-ASA1,867,1913 50.037 (2) (b) Such fees Fees specified under par. (a) shall be paid to the
14department by the community-based residential facility before the department may
15issue a license under s. 50.03 (4) (a) 1. b. A licensed community-based residential
16facility that wishes to renew a license issued under s. 50.03 (4) (a) 1. b. shall pay the
17fee under par. (a) by the renewal date of the license established by the department.
18A new newly licensed community-based residential facility shall pay the fee under
19this subsection no later than 30 days before the opening of the facility.
AB100-ASA1, s. 1623 20Section 1623. 50.037 (2) (c) of the statutes is amended to read:
AB100-ASA1,868,221 50.037 (2) (c) A community-based residential facility that wishes to renew a
22license issued under s. 50.03 (4) (a) 1. b. and that
fails to submit the biennial fee prior
23to the renewal date of the license established by the department, or a new
24community-based residential facility subject to this section that fails to submit the
25biennial fee by 30 days prior to the opening of the new community-based residential

1facility, shall pay an additional fee of $10 per day for every day after the deadline that
2the facility does not pay the fee.
AB100-ASA1, s. 1624 3Section 1624. 50.04 (2m) of the statutes is amended to read:
AB100-ASA1,868,84 50.04 (2m) Plan of care and assessment required. No nursing home may
5admit any patient until a physician has completed a plan of care for the patient and
6the patient is assessed or the patient is exempt from or waives assessment under s.
746.27 (6) (a) or 46.271 (2m) (a) 2. Failure to comply with this subsection is a class "C"
8violation under sub. (4) (b) 3.
AB100-ASA1, s. 1625 9Section 1625. 50.05 (2) (b) of the statutes is amended to read:
AB100-ASA1,868,1110 50.05 (2) (b) The department has suspended, or revoked or refused to renew
11the existing license of the facility.
AB100-ASA1, s. 1626 12Section 1626. 50.05 (2) (c) of the statutes is amended to read:
AB100-ASA1,868,1613 50.05 (2) (c) The department has initiated revocation or nonrenewal
14procedures under s. 50.03 (5) and has determined that the lives, health, safety, or
15welfare of the residents cannot be adequately assured pending a full hearing on
16license nonrenewal or revocation.
AB100-ASA1, s. 1627 17Section 1627. 50.05 (10) of the statutes is amended to read:
AB100-ASA1,869,218 50.05 (10) Contingency fund. If funds collected under subs. (3), (7) and (8) are
19insufficient to meet the expenses of performing the powers and duties conferred on
20the receiver by this section, or if there are insufficient funds on hand to meet those
21expenses, the department may draw from the supplemental fund created under s.
2220.435 (1) (6) (dm) to pay the expenses associated with the placement of a monitor,
23if any, in a nursing home and the receivership of a nursing home. Operating funds
24collected under this section and not applied to the expenses of the placement of a
25monitor, if any, and the receivership, except for the amount of a security, if any is

1required under sub. (14m), shall be used to reimburse the fund for advances made
2under this section.
AB100-ASA1, s. 1628 3Section 1628. 50.05 (15) (d) of the statutes is amended to read:
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