AB100: Bill Text

AB100,884,22 5. Procedures for safeguarding the confidentiality of information about an individual, including social security numbers obtained by the department of industry, labor and job development, the supreme court, the licensing agency or a credentialing board.

AB100,885,4 (c) The system shall provide for adequate notice to an individual who is delinquent in making court-ordered payments of support, an opportunity for the individual to make alternative arrangements for paying the delinquent support, an opportunity for the individual to request and obtain a hearing before a court or family court commissioner as provided in sub. (3) and prompt reinstatement of the individual's license upon payment of the delinquent support or upon making satisfactory alternative payment arrangements.

AB100,885,10 (3) (a) Before the department of industry, labor and job development certifies to the supreme court or a licensing agency under the system established under sub. (2) that an individual is delinquent in making court-ordered payments of support, the department of industry, labor and job development or a county child support agency under s. 59.53 (5) shall provide notice to the individual by regular mail. The notice shall inform the individual of all of the following:

AB100,885,13 1. That a certification of delinquency in paying support will be made to the supreme court, a licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing.

AB100,885,14 2. When the certification under subd. 1. will occur.

AB100,885,20 3. That, upon certification, any license that the individual holds from any licensing agency or credentialing board, or from the supreme court if the supreme court agrees, will be restricted, limited, suspended or not renewed, continued or revalidated, and any license for which the individual applies or has applied from any licensing agency or credentialing board, or from the supreme court if the supreme court agrees, will not be granted or issued.

AB100,885,25 4. That the certification will not be made if the individual pays the delinquent amount in full or makes satisfactory alternative payment arrangements with the department of industry, labor and job development or a county child support agency under s. 59.53 (5). The notice shall inform the individual of how he or she may pay the delinquent amount or make satisfactory alternative payment arrangements.

AB100,886,3 5. That, within 20 days after receiving the notice, the individual may request a hearing before the circuit court that rendered the order or judgment requiring the payments.

AB100,886,8 (b) 1. If the individual timely requests a hearing under par. (a) 5., the court shall set the matter for hearing within 10 days after receiving the request. The family court commissioner may conduct the hearing. The only issue at the hearing shall be whether the individual owes the amount that will be certified by the department of industry, labor and job development.

AB100,886,14 2. If at the hearing the court or family court commissioner finds that the individual does not owe the delinquent support, or if within 20 days after receiving the notice under par. (a) the individual pays the delinquent amount in full or makes satisfactory alternative payment arrangements, the department of industry, labor and job development shall not make a certification of delinquency to the supreme court or a licensing agency.

AB100,887,3 (c) 1. If the department of industry, labor and job development certifies to the supreme court, a licensing agency or, with respect to a credential granted by a credentialing board, the department of regulation and licensing that an individual is delinquent in making court-ordered payments of support and the individual did not request a hearing under par. (a) 5., the supreme court, if the supreme court agrees, licensing agency or department of regulation and licensing shall provide notice to the individual by regular mail. The notice shall inform the individual that, within 20 days after receiving the notice, the individual may request a hearing before the circuit court that rendered the order or judgment requiring the payments upon which the certification is based. If the individual timely requests a hearing under this subdivision, the court shall set the hearing within 10 days after receiving the request. The family court commissioner may conduct the hearing, and the only issue at the hearing shall be whether the individual owes the amount certified by the department of industry, labor and job development.

AB100,887,15 2. If at the hearing the court or family court commissioner finds that the individual does not owe the delinquent support, or if within 20 days after receiving the notice under subd. 1. the individual pays the delinquent amount in full or makes satisfactory alternative payment arrangements, the department of industry, labor and job development shall notify the supreme court or the licensing agency that the individual's license should not be restricted, limited, suspended, withheld, denied, refused granting or issuance or refused renewal, continuance or revalidation under a memorandum of understanding entered into under sub. (2) (b). If the individual holds or applied for a credential granted by a credentialing board, the department of regulation and licensing shall, upon notice by the department of industry, labor and job development, notify the credentialing board that the individual's credential should not be restricted, limited, suspended, withheld, denied or refused granting.

AB100,888,2 (d) If an individual who is denied a license or whose license is restricted, limited, suspended or refused renewal, continuance or revalidation under a memorandum of understanding entered into under sub. (2) (b) pays the delinquent amount of support in full or makes satisfactory alternative payment arrangements, the department of industry, labor and job development shall immediately notify the supreme court or licensing agency to issue or reinstate the individual's license as provided in the memorandum of understanding. If the individual held or applied for a credential granted by a credentialing board, the department of regulation and licensing shall, upon notice by the department of industry, labor and job development, notify the credentialing board to grant or reinstate the individual's credential.

AB100,888,9 (4) Each licensing agency shall enter into a memorandum of understanding with the department of industry, labor and job development under sub. (2) (b) and shall cooperate with the department of industry, labor and job development in its administration of s. 49.22. The department of regulation and licensing shall enter into a memorandum of understanding with the department of industry, labor and job development on behalf of a credentialing board with respect to a credential granted by the credentialing board.

AB100,888,13 (5) The restriction, limitation, suspension, withholding or denial of, or the refusal to grant, issue, renew, continue or revalidate, a license under a memorandum of understanding entered into under sub. (2) (b) is not subject to administrative review under ch. 227.

AB100, s. 2003 Section 2003. 49.89 (7) (c) of the statutes is amended to read:

AB100,888,20 49.89 (7) (c) The incentive payment shall be an amount equal to 15% of the amount recovered because of benefits paid under s. 49.20, 1995 stats., or s. 49.19, 49.20, 49.30 or 253.05. The incentive payment shall be taken from the state share of the sum recovered, except that the incentive payment for an amount recovered because of benefits paid under s. 49.19 shall be considered an administrative cost under s. 49.19 for the purpose of claiming federal funding.

AB100, s. 2004 Section 2004. 49.90 (2g) of the statutes is amended to read:

AB100,889,5 49.90 (2g) In addition to the remedy specified in sub. (2), upon failure of a grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who is or may be required to provide maintenance under sub. (1) (a) 2., a child of a dependent minor or the child's parent may apply to the circuit court for the county in which the child resides for an order to compel the provision of maintenance. A county department under s. 46.215, 46.22 or 46.23, a county child support agency under s. 59.53 (5) or the department of industry, labor and job development may initiate an action to obtain maintenance of the child by the child's grandparent under sub. (1) (a) 2., regardless of whether the child receives public assistance.

AB100, s. 2005 Section 2005. 50.02 (1) of the statutes is amended to read:

AB100,889,20 50.02 (1) Departmental authority. The department may provide uniform, statewide licensing, inspection and regulation of community-based residential facilities and nursing homes as provided in this subchapter. The Except as provided in s. 50.022, the department shall certify, inspect and otherwise regulate adult family homes, as specified under s. 50.032 and shall license adult family homes, as specified under s. 50.033. Nothing in this subchapter may be construed to limit the authority of the department of commerce or of municipalities to set standards of building safety and hygiene, but any local orders of municipalities shall be consistent with uniform, statewide regulation of community-based residential facilities. The department may not prohibit any nursing home from distributing over-the-counter drugs from bulk supply. The department may consult with nursing homes as needed and may provide specialized consultations when requested by any nursing home, separate from its inspection process, to scrutinize any particular questions the nursing home raises. The department shall, by rule, define "specialized consultation".

AB100, s. 2006 Section 2006. 50.022 of the statutes is created to read:

AB100,890,3 50.022 Denial, nonrenewal and revocation of license, certification or registration based on tax delinquency. (1) The department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or the applicant's federal employer identification member, if the applicant is not an individual, as a condition of issuing or renewing a certification under s. 50.034 (1) (a) or a registration under s. 50.034 (1) (b) or of issuing any of the following:

AB100,890,4 (a) A license under s. 50.03 (4) (a) 1. a.

AB100,890,5 (b) A license under s. 50.03 (4) (a) 1. b.

AB100,890,6 (c) A provisional license under s. 50.03 (4m) (a).

AB100,890,7 (d) A provisional license under s. 50.03 (4m) (b).

AB100,890,8 (e) A certification issued by the department under s. 50.032 (1m) (b).

AB100,890,9 (f) A license issued by the department under s. 50.033 (1m) (b).

AB100,890,10 (g) A conditional license under s. 50.04 (6) (a).

AB100,890,11 (h) A license under s. 50.05 (13).

AB100,890,12 (i) A certificate of approval under s. 50.35.

AB100,890,13 (j) A license under s. 50.49 (6) (a).

AB100,890,14 (k) A provisional license under s. 50.49 (10).

AB100,890,15 (L) A license or a provisional license under s. 50.52 (2).

AB100,890,16 (m) A license under s. 50.92 (2).

AB100,890,17 (n) A provisional license under s. 50.93 (3).

AB100,890,24 (1m) The department shall require each licensee or holder of a certification or certificate of approval specified under sub. (1) (a), (b), (e), (f), (h), (i), (j) or (m) or a licensee under s. 50.52 (2) to provide the department with his or her social security number if the licensee or holder of a certification or certificate of approval is an individual, or the licensee's or holder's federal employer identification number, if the licensee or holder is not an individual, as a condition of reporting under s. 50.03 (4) (c) 1. or 2., 50.032 (2r), 50.033 (2m), 50.355, 50.49 (6) (d), 50.535 or 50.93 (3m).

AB100,891,3 (2) The department may not disclose any information received under sub. (1) or (1m) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB100,891,11 (3) The department shall deny an application for the issuance or renewal of a certification under s. 50.034 (1) (a) or a registration under s. 50.034 (1) (b) or for the issuance of a license, certificate of approval, provisional license, conditional license, certification or registration specified in sub. (1) if the applicant does not provide the information specified in sub. (1) or shall deny approval of a report specified in sub. (1m) if the licensee or holder of a certification or certificate of approval does not provide the information specified in sub. (1m). A denial or nonrenewal under this subsection is subject to review under ch. 227.

AB100,891,20 (4) The department shall deny an application for the issuance or renewal of a certification under s. 50.034 (1) (a) or a registration under s. 50.034 (1) (b) or for the issuance of a license, certificate of approval, provisional license, conditional license, certification or registration specified in sub. (1) or shall revoke a certification under s. 50.034 (1) (a) or a registration under s. 50.034 (1) (b) or a license, certificate of approval, provisional license, conditional license, certification or registration specified in sub. (1), if the department of revenue certifies under s. 73.0301 that the applicant for or holder of the license, certificate of approval, provisional license, conditional license, certification or registration is liable for delinquent taxes.

AB100, s. 2007 Section 2007. 50.03 (1m) of the statutes is amended to read:

AB100,892,3 50.03 (1m) Distinct part or separate licensure for institutions for mental diseases. Upon application to the department, the department may approve licensure of the operation of a nursing home or a distinct part of a nursing home as an institution for mental diseases, as defined under 42 CFR 435.1009. Conditions and procedures for application for, approval of, and operation under and renewal of licensure under this subsection shall be established in rules promulgated by the department.

AB100, s. 2008 Section 2008. 50.03 (2) (d) of the statutes is amended to read:

AB100,892,10 50.03 (2) (d) Any holder of a license or applicant for a license shall be deemed to have given consent to any authorized officer, employe or agent of the department to enter and inspect the facility in accordance with this subsection. Refusal to permit such entry or inspection shall constitute grounds for initial licensure denial, nonrenewal as provided in sub. (4), or suspension or revocation of license, as provided in sub. (5).

AB100, s. 2009 Section 2009. 50.03 (3) (b) (intro.) of the statutes is amended to read:

AB100,892,15 50.03 (3) (b) (intro.) The application for a license or a license renewal and the report of a licensee shall be in writing upon forms provided by the department and shall contain such information as the department requires, including the name, address and type and extent of interest of each of the following persons:

AB100, s. 2010 Section 2010. 50.03 (3) (f) of the statutes is amended to read:

AB100,892,19 50.03 (3) (f) Community-based residential facilities applying for renewal of license shall report all formal complaints regarding their operation filed under sub. (2) (f) and the disposition of each when reporting under sub. (4) (c) 1.

AB100, s. 2011 Section 2011. 50.03 (4) (a) 1. a. of the statutes is amended to read:

AB100,893,2 50.03 (4) (a) 1. a. Except as provided in sub. (4m) (a) and s. 50.022, the department shall issue a license for a nursing home if it finds the applicant to be fit and qualified and if it finds that the nursing home meets the requirements established by this subchapter. The department, or its designee, shall make such inspections and investigations as are necessary to determine the conditions existing in each case and shall file written reports. The department shall promulgate rules defining "fit and qualified" for the purposes of this subd. 1. a.

AB100, s. 2012 Section 2012. 50.03 (4) (a) 1. b. of the statutes is amended to read:

AB100,893,23 50.03 (4) (a) 1. b. Except as provided in sub. (4m) (b) and, after December 31, 1997, s. 50.022, the department shall issue a license for a community-based residential facility if it finds the applicant to be fit and qualified, if it finds that the community-based residential facility meets the requirements established by this subchapter and if the community-based residential facility has paid the license fee under s. 50.037 (2) (a). In determining whether to issue a license for a community-based residential facility, the department may consider any action by the applicant or by an employe of the applicant that constitutes a substantial failure by the applicant or employe to protect and promote the health, safety or welfare of a resident. The department may deny licensure to or not renew revoke licensure for any person who conducted, maintained, operated or permitted to be maintained or operated a community-based residential facility for which licensure was revoked. The department, or its designee, shall make such inspections and investigations as are necessary to determine the conditions existing in each case and shall file written reports. Before renewing the license of any In reviewing the report of a community-based residential facility that is required to be submitted under par. (c) 1., the department shall consider all complaints filed under sub. (2) (f) during the current license period since initial license issuance or since the last review, whichever is later, and the disposition of each. The department shall promulgate rules defining "fit and qualified" for the purposes of this subd. 1. b.

AB100, s. 2013 Section 2013. 50.03 (4) (a) 2. of the statutes is amended to read:

AB100,894,5 50.03 (4) (a) 2. The past record of violations of applicable laws and regulations of the United States or of this or any other state, in the operation of a residential or health care facility, or in any other health-related activity by any of the persons listed in sub. (3) (b) shall be relevant to the issue of the fitness of an applicant for issuance or renewal of a license.

AB100, s. 2014 Section 2014. 50.03 (4) (c) 1. of the statutes is amended to read:

AB100,894,22 50.03 (4) (c) 1. Unless sooner Except as provided in s. 50.022 after December 31, 1997, a community-based residential facility license is valid until it is revoked or suspended, a community-based residential facility license is valid for 24 months. At least 30 days prior to license expiration, the applicant under this section. Every 24 months, on a schedule determined by the department, a community-based residential facility licensee shall submit a biennial report and application for renewal of the license in the form and containing the information that the department requires. If the report and application are approved, the license shall be renewed for an additional 24-month period. If the application for renewal and, including payment of the fees required under s. 50.037 (2) (a). If a complete annual biennial report are is not timely filed, the department shall issue a warning to the licensee. Failure to make application for renewal within 30 days after receipt of the warning is grounds for nonrenewal of the license. The department may revoke a community-based residential facility license for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.

AB100, s. 2015 Section 2015. 50.03 (4) (c) 2. of the statutes is amended to read:

AB100,895,15 50.03 (4) (c) 2. Unless sooner revoked or suspended, a Except as provided in s. 50.022 after December 31, 1997, a nursing home license is valid for 12 months, but may be issued to a new licensee for less than 12 months to coincide with the date of federal medical assistance certification as a skilled nursing facility or intermediate care facility. At least 120 days but not more than 150 days prior to license expiration, the applicant until it is revoked or suspended under this section. Every 12 months, on a schedule determined by the department, a nursing home licensee shall submit an annual a report and application for renewal of the license in the form and containing the information that the department requires. If the report and application are approved, the license shall be renewed for an additional 12-month period. If the application for renewal and, including payment of the fee required under s. 50.135 (2) (a). If a complete annual report are is not timely filed, the department shall issue a warning to the licensee. Failure to make application for renewal within 30 days after receipt of the warning is grounds for nonrenewal of the license. The department may revoke a nursing home license for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.

AB100, s. 2016 Section 2016. 50.03 (4) (d) of the statutes is amended to read:

AB100,895,23 50.03 (4) (d) Immediately upon the denial under this section of any application for a license under this section, the department shall notify the applicant in writing. Notice of denial shall include a clear and concise statement of the violations on which denial is based and notice of the opportunity for a hearing under s. 227.44. If the applicant desires to contest the denial of a license it shall provide written notice to the department of a request for a hearing within 10 days after receipt of the notice of denial.

AB100, s. 2017 Section 2017. 50.03 (4) (e) of the statutes is amended to read:

AB100,896,8 50.03 (4) (e) Each license shall be issued only for the premises and persons named in the application and shall not be is not transferable or assignable. The license shall be posted in a place readily visible to residents and visitors, such as the lobby or reception area of the facility. Any license granted shall state the maximum bed capacity allowed, the person to whom the license is granted, the date, the expiration date of issuance, the maximum level of care for which the facility is licensed as a condition of its licensure and such additional information and special conditions as the department may prescribe.

AB100, s. 2018 Section 2018. 50.03 (4) (f) of the statutes is amended to read:

AB100,896,13 50.03 (4) (f) The issuance or renewal continuance of a license after notice of a violation has been sent shall not constitute a waiver by the department of its power to rely on the violation as the basis for subsequent license revocation or other enforcement action under this subchapter arising out of the notice of violation.

AB100, s. 2019 Section 2019. 50.03 (4m) (a) of the statutes is amended to read:

AB100,896,24 50.03 (4m) (a) If the applicant for licensure as a nursing home has not been previously licensed under this subchapter or if the nursing home is not in operation at the time application is made, the department shall, except as provided in s. 50.022, issue a probationary license. A probationary license shall be valid for 12 months from the date of issuance unless sooner suspended or revoked under sub. (5) or s. 50.022. Prior to the expiration of a probationary license, the department shall inspect the nursing home and, if the nursing home meets the applicable requirements for licensure, shall issue a regular license under sub. (4) (a) 1. a. If the department finds that the nursing home does not meet the requirements for licensure, the department may not issue a regular license under sub. (4) (a) 1. a.

AB100, s. 2020 Section 2020. 50.03 (4m) (b) of the statutes is amended to read:

AB100,897,15 50.03 (4m) (b) If the applicant for licensure as a community-based residential facility has not been previously licensed under this subchapter or if the community-based residential facility is not in operation at the time application is made, the department shall, except as provided in s. 50.022, issue a probationary license, except that the department may deny licensure to any person who conducted, maintained, operated or permitted to be maintained or operated a community-based residential facility for which licensure was revoked within 5 years before application is made. A probationary license shall be valid for up to 12 months from the date of issuance unless sooner suspended or revoked under sub. (5g) or s. 50.022. Prior to the expiration of a probationary license, the department shall inspect the community-based residential facility and, if the community-based residential facility meets the applicable requirements for licensure, shall issue a regular license under sub. (4) (a) 1. b. If the department finds that the community-based residential facility does not meet the requirements for licensure, the department may not issue a regular license under sub. (4) (a) 1. b.

AB100, s. 2021 Section 2021. 50.03 (5) (title) of the statutes is amended to read:

AB100,897,18 50.03 (5) (title) Nonrenewal Suspension and revocation of nursing home licenses.

AB100, s. 2022 Section 2022. 50.03 (5) (a) of the statutes is amended to read:

AB100,898,2 50.03 (5) (a) Power of department. The department, after notice to a nursing home applicant or licensee, may suspend, or revoke or refuse to renew a license in any case in which the department finds that the nursing home has substantially failed to comply with the applicable requirements of this subchapter and the rules promulgated under this subchapter. No state or federal funds passing through the state treasury may be paid to a nursing home that does not have a valid license issued under this section.

AB100, s. 2023 Section 2023. 50.03 (5) (b) of the statutes is amended to read:

AB100,898,7 50.03 (5) (b) Form of notice. Notice under this subsection shall include a clear and concise statement of the violations on which the nonrenewal or revocation is based, the statute or rule violated and notice of the opportunity for an evidentiary hearing under par. (c).

AB100, s. 2024 Section 2024. 50.03 (5) (c) of the statutes is amended to read:

AB100,898,14 50.03 (5) (c) (title) Contest of nonrenewal or revocation. If a nursing home desires to contest the nonrenewal or revocation of a license, the nursing home shall, within 10 days after receipt of notice under par. (b), notify the department in writing of its request for a hearing under s. 227.44. The department shall hold the hearing within 30 days of receipt of such notice and shall send notice to the nursing home of the hearing as provided under s. 227.44 (2).

AB100, s. 2025 Section 2025. 50.03 (5) (d) (title) of the statutes is amended to read:

AB100,898,16 50.03 (5) (d) (title) Effective date of nonrenewal or revocation.

AB100, s. 2026 Section 2026. 50.03 (5) (d) 2. of the statutes is repealed.

AB100, s. 2027 Section 2027. 50.03 (5) (d) 3. of the statutes is amended to read:

AB100,898,21 50.03 (5) (d) 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 of the nursing home.

AB100, s. 2028 Section 2028. 50.03 (5) (e) of the statutes is created to read:

AB100,898,24 50.03 (5) (e) Applicability. This subsection does not apply to the nonrenewal or revocation of a nursing home license under s. 50.022.

AB100, s. 2029 Section 2029. 50.03 (5g) (c) 1. c. of the statutes is amended to read: