AB100, s. 2024
8Section
2024. 50.03 (5) (c) of the statutes is amended to read:
AB100,898,149
50.03
(5) (c) (title)
Contest of nonrenewal or revocation. If a nursing home
10desires to contest the
nonrenewal or revocation of a license, the nursing home shall,
11within 10 days after receipt of notice under par. (b), notify the department in writing
12of its request for a hearing under s. 227.44. The department shall hold the hearing
13within 30 days of receipt of such notice and shall send notice to the nursing home of
14the hearing as provided under s. 227.44 (2).
AB100, s. 2025
15Section
2025. 50.03 (5) (d) (title) of the statutes is amended to read:
AB100,898,1616
50.03
(5) (d) (title)
Effective date of
nonrenewal or revocation.
AB100, s. 2026
17Section
2026. 50.03 (5) (d) 2. of the statutes is repealed.
AB100, s. 2027
18Section
2027. 50.03 (5) (d) 3. of the statutes is amended to read:
AB100,898,2119
50.03
(5) (d) 3. The department may extend the effective date of license
20revocation
or expiration in any case in order to permit orderly removal and relocation
21of residents of the nursing home.
AB100, s. 2028
22Section
2028. 50.03 (5) (e) of the statutes is created to read:
AB100,898,2423
50.03
(5) (e)
Applicability. This subsection does not apply to the nonrenewal
24or revocation of a nursing home license under s. 50.022.
AB100, s. 2029
25Section
2029. 50.03 (5g) (c) 1. c. of the statutes is amended to read:
AB100,899,8
150.03
(5g) (c) 1. c. All forfeitures shall be paid to the department
, or
2arrangements acceptable to the department for payment of those forfeitures shall be
3made, within 10 days after receipt of notice of assessment or, if the forfeiture is
4contested under par. (f), within 10 days after receipt of the final decision after
5exhaustion of administrative review, unless the final decision is appealed and the
6order is stayed by court order under s. 50.03 (11). The department shall remit all
7forfeitures paid under this subdivision to the state treasurer for deposit in the school
8fund.
AB100, s. 2030
9Section
2030. 50.03 (5g) (c) 3. of the statutes is amended to read:
AB100,899,1110
50.03
(5g) (c) 3.
Refusal to renew licensure or revocation Revocation of
11licensure, as specified in pars. (d) to (g).
AB100, s. 2031
12Section
2031. 50.03 (5g) (d) (intro.) of the statutes is amended to read:
AB100,899,1413
50.03
(5g) (d) (intro.) Under the procedure specified in par. (e), the department
14may revoke
or refuse to renew a license for a licensee for any of the following reasons:
AB100, s. 2032
15Section
2032. 50.03 (5g) (e) 1. of the statutes is amended to read:
AB100,899,2416
50.03
(5g) (e) 1. The department may revoke
or refuse to renew a license for
17a licensee for the reason specified in par. (d) 1.
, 2., 3. or 4.
and may refuse to renew
18a license for a licensee for the reason specified in par. (d) 1., 2. or 3. if the department
19provides the licensee with written notice of revocation
or nonrenewal, the grounds
20for the revocation
or nonrenewal and an explanation of the process for appealing the
21revocation
or nonrenewal, at least 30 days before the date of revocation
or license
22expiration. The department may revoke
or refuse to renew the license only if the
23violation remains substantially uncorrected on the date of revocation or license
24expiration.
AB100, s. 2033
25Section
2033. 50.03 (5g) (em) of the statutes is created to read:
AB100,900,5
150.03
(5g) (em) The department shall refuse to continue a license if, on the date
2on which the licensing fee under s. 50.037 is due, the licensee has outstanding any
3forfeiture imposed by the department under par. (c) that the licensee has failed to pay
4in accordance with par. (c) 1. c. or in accordance with an arrangement made under
5par. (c) 1. c.
AB100, s. 2034
6Section
2034. 50.03 (5g) (f) of the statutes is amended to read:
AB100,900,137
50.03
(5g) (f) If a community-based residential facility desires to contest the
8nonrenewal or revocation of a license or to contest the imposing of a sanction under
9this subsection, the community-based residential facility shall, within 10 days after
10receipt of notice under par. (e), notify the department in writing of its request for a
11hearing under s. 227.44. The department shall hold the hearing within 30 days after
12receipt of such notice and shall send notice to the community-based residential
13facility of the hearing as provided under s. 227.44 (2).
AB100, s. 2035
14Section
2035. 50.03 (5g) (g) 2. of the statutes is repealed.
AB100, s. 2036
15Section
2036. 50.03 (5g) (g) 3. of the statutes is amended to read:
AB100,900,1816
50.03
(5g) (g) 3. The department may extend the effective date of license
17revocation
or expiration in any case in order to permit orderly removal and relocation
18of residents.
AB100, s. 2037
19Section
2037. 50.03 (5g) (h) of the statutes is created to read:
AB100,900,2120
50.03
(5g) (h)
Applicability. This subsection does not apply to the nonrenewal
21or revocation of a community-based residential facility license under s. 50.022.
AB100, s. 2038
22Section
2038. 50.03 (5m) (a) 2. of the statutes is amended to read:
AB100,900,2523
50.03
(5m) (a) 2. The department has suspended
, or revoked
or refused to
24renew the existing license of the facility as provided under sub. (5)
or, after December
2531, 1997, s. 50.022.
AB100, s. 2039
1Section
2039. 50.03 (5m) (a) 3. of the statutes is amended to read:
AB100,901,52
50.03
(5m) (a) 3. The department has initiated revocation
or nonrenewal 3procedures under sub. (5) and has determined that the lives, health, safety, or
4welfare of the resident cannot be adequately assured pending a full hearing on
5license
nonrenewal or revocation under sub. (5).
AB100, s. 2040
6Section
2040. 50.03 (11) (e) of the statutes is created to read:
AB100,901,87
50.03
(11) (e) This subsection does not apply to the denial, nonrenewal or
8revocation of a facility license under s. 50.022 (4).
AB100, s. 2041
9Section
2041. 50.032 (2) of the statutes is amended to read:
AB100,901,1610
50.032
(2) Regulation. Standards for operation of certified adult family homes
11and procedures for application for certification, monitoring, inspection,
12decertification and appeal of decertification
under this section shall be under rules
13promulgated by the department under s. 50.02 (2) (am) 1.
Except as provided in s.
1450.022 after December 31, 1997, an adult family home certification is valid until
15decertified under this section. Certification
shall be for a term not to exceed 12
16months from the date of issuance and is not transferable.
AB100, s. 2042
17Section
2042. 50.032 (2r) of the statutes is created to read:
AB100,901,2518
50.032
(2r) Reporting. Every 12 months, on a schedule determined by the
19department, a certified adult family home shall submit an annual report in the form
20and containing the information that the department requires, including payment of
21a fee, if any is required under rules promulgated under s. 50.02 (2) (am) 1. If a
22complete annual report is not timely filed, the department shall issue a warning to
23the operator of the certified adult family home. The department may decertify a
24certified adult family home for failure to timely and completely report within 60 days
25after the report date established under the schedule determined by the department.
AB100, s. 2043
1Section
2043. 50.032 (4) of the statutes is amended to read:
AB100,902,102
50.032
(4) Decertification. A certified adult family home may be decertified
3because of the substantial and intentional violation of this section or of rules
4promulgated by the department under s. 50.02 (2) (am) 1. or because of failure to
5meet the minimum requirements for certification. The operator of the certified adult
6family home shall be given written notice of any decertification and the grounds for
7the decertification. Any adult family home certification applicant or operator of a
8certified adult family home may, if aggrieved by the failure to issue
or renew the
9certification or by decertification, appeal under the procedures specified by the
10department by rule under s. 50.02 (2) (am) 1.
AB100, s. 2044
11Section
2044. 50.033 (2) of the statutes is amended to read:
AB100,902,2212
50.033
(2) Regulation. Standards for operation of licensed adult family homes
13and procedures for application for licensure, monitoring, inspection, revocation and
14appeal of revocation
under this section shall be under rules promulgated by the
15department under s. 50.02 (2) (am) 2.
Except as provided in s. 50.022 after December
1631, 1997, an adult family home licensure is valid until revoked under this section. 17Licensure
shall be for a term not to exceed 24 months from the date of issuance and 18is not transferable. The biennial licensure fee for a licensed adult family home is $75.
19The fee is payable to the county department under s. 46.215, 46.22, 46.23, 51.42 or
2051.437, if the county department licenses the adult family home under sub. (1m) (b),
21and is payable to the department
, on a schedule determined by the department if the
22department licenses the adult family home under sub. (1m) (b).
AB100, s. 2045
23Section
2045. 50.033 (2m) of the statutes is created to read:
AB100,903,524
50.033
(2m) Reporting. Every 24 months, on a schedule determined by the
25department, a licensed adult family home shall submit a biennial report in the form
1and containing the information that the department requires, including payment of
2the fee required under sub. (2). If a complete biennial report is not timely filed, the
3department shall issue a warning to the licensee. The department may revoke the
4license for failure to timely and completely report within 60 days after the report date
5established under the schedule determined by the department.
AB100, s. 2046
6Section
2046. 50.033 (4) of the statutes is amended to read:
AB100,903,157
50.033
(4) License revocation. The license of a licensed adult family home may
8be revoked because of the substantial and intentional violation of this section or of
9rules promulgated by the department under s. 50.02 (2) (am) 2. or because of failure
10to meet the minimum requirements for licensure. The operator of the licensed adult
11family home shall be given written notice of any revocation and the grounds for the
12revocation. Any adult family home licensure applicant or operator of a licensed adult
13family home may, if aggrieved by the failure to issue
or renew the license or by
14revocation, appeal under the procedures specified by the department by rule under
15s. 50.02 (2) (am) 2.
AB100, s. 2047
16Section
2047. 50.034 (7) of the statutes is amended to read:
AB100,904,217
50.034
(7) Revocation of certification. Certification for an assisted living
18facility may be revoked because of the substantial and intentional violation of this
19section or of rules promulgated by the department under sub. (2) or because of failure
20to meet the minimum requirements for certification. The operator of the certified
21assisted living facility shall be given written notice of any revocation of certification
22and the grounds for the revocation.
Any Except for a denial, nonrenewal or
23revocation of certification under s. 50.022 (4), any assisted living facility certification
24applicant or operator of a certified assisted living facility may, if aggrieved by the
1failure to issue or renew the certification or by revocation of certification, appeal
2under the procedures specified by the department by rule under sub. (2).
AB100, s. 2048
3Section
2048. 50.035 (8) of the statutes is created to read:
AB100,904,74
50.035
(8) Admission of residents in pilot areas. No community-based
5residential facility located in a geographic area in which a pilot project under s.
646.271 (2m) is established may admit an individual as a resident until the individual
7is assessed or is exempt from or waives assessment under s. 46.271 (2m) (a) 2.
AB100, s. 2049
8Section
2049
. 50.037 (2) (a) of the statutes is amended to read:
AB100,904,119
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, s. 2050
12Section
2050. 50.037 (2) (b) of the statutes is amended to read:
AB100,904,1913
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, s. 2051
20Section
2051. 50.037 (2) (c) of the statutes is amended to read:
AB100,905,221
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, s. 2052
3Section
2052. 50.04 (2m) of the statutes is amended to read:
AB100,905,84
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, s. 2053
9Section
2053. 50.04 (6) (a) of the statutes is amended to read:
AB100,905,1610
50.04
(6) (a)
Power of department. In addition to the right to assess forfeitures
11under sub. (5), the department may
, except as provided in s. 50.022, issue a
12conditional license to any nursing home if the department finds that either a class
13"A" or class "B" violation, as defined in sub. (4), continues to exist in such home. The
14issuance of a conditional license shall revoke any outstanding license held by the
15nursing home. The nursing home may seek review of a decision to issue a conditional
16license as provided under s. 50.03 (5).
AB100, s. 2054
17Section
2054. 50.05 (2) (b) of the statutes is amended to read:
AB100,905,1918
50.05
(2) (b) The department has suspended
, or revoked
or refused to renew 19the existing license of the facility.
AB100, s. 2055
20Section
2055. 50.05 (2) (c) of the statutes is amended to read:
AB100,905,2421
50.05
(2) (c) The department has initiated revocation
or nonrenewal 22procedures
under s. 50.03 (5) and has determined that the lives, health, safety, or
23welfare of the residents cannot be adequately assured pending a full hearing on
24license
nonrenewal or revocation.
AB100, s. 2056
25Section
2056. 50.05 (4) of the statutes is amended to read:
AB100,906,25
150.05
(4) Appointment of receiver. Only the secretary, represented by the
2department of justice, may apply for a court order appointing the secretary or the
3secretary's designee receiver of the facility. The secretary, as represented, may apply
4by verified petition to the circuit court for Dane county for the order. The court shall
5hold a hearing on the petition within 5 days of the filing of the petition. The petition
6and notice of the hearing shall be served on the operator, administrator or designated
7agent of the facility as provided under ch. 801 or shall be posted in a conspicuous
8place in the facility not later than 3 days before the time specified for the hearing,
9unless a different period is fixed by order of the court. Notwithstanding ss. 803.01
10to 803.09 and 844.18, the only persons who may appear as a party at the hearing
11under this subsection or sub. (5) are the secretary or the secretary's designee and the
12operator of the facility. The court shall appoint a receiver for a specified time period
13requested by the secretary up to 120 days, if it finds that any ground exists which
14would authorize the appointment of a receiver under sub. (2) and that appointment
15of a receiver will contribute to the continuity of care or the orderly and safe transfer
16of residents in the facility. The court may extend the period of receivership in 30-day
17increments only on the petition of the department and if the court finds that the
18department has been unable to transfer all of the residents to another suitable
19location or the department has determined that it is necessary for the receivership
20to be extended for the continued health, safety and welfare of the residents.
21Notwithstanding s. 808.03 (1)
and except for the nonrenewal or revocation of the
22existing license of a facility under s. 50.022 (4), any order issued at the hearing on
23the petition for receivership under this subsection or sub. (5) or at a subsequent
24hearing concerning matters arising under the receivership or concerning
25termination of the receivership under sub. (14) may be appealed as a matter of right.
AB100, s. 2057
1Section
2057. 50.05 (10) of the statutes is amended to read:
AB100,907,112
50.05
(10) Contingency fund. If funds collected under subs. (3), (7) and (8) are
3insufficient to meet the expenses of performing the powers and duties conferred on
4the receiver by this section, or if there are insufficient funds on hand to meet those
5expenses, the department may draw from the supplemental fund created under s.
620.435
(1) (6) (dm) to pay the expenses associated with the placement of a monitor,
7if any, in a nursing home and the receivership of a nursing home. Operating funds
8collected under this section and not applied to the expenses of the placement of a
9monitor, if any, and the receivership, except for the amount of a security, if any is
10required under sub. (14m), shall be used to reimburse the fund for advances made
11under this section.
AB100, s. 2058
12Section
2058. 50.05 (13) of the statutes is amended to read:
AB100,907,1613
50.05
(13) Licensing of facility under receivership. Other provisions of this
14chapter
except s. 50.022 notwithstanding, the department may issue a license to a
15facility placed in receivership under this section. The duration of a license issued
16under this section is limited to the duration of the receivership.
AB100, s. 2059
17Section
2059. 50.05 (15) (d) of the statutes is amended to read:
AB100,907,2218
50.05
(15) (d) The lien provided by this subsection is prior to any lien or other
19interest which originates subsequent to the filing of a petition for receivership under
20this section, except for a construction or mechanic's lien arising out of work
21performed with the express consent of the receiver or a lien under s. 292.31 (8) (i)
,
22292.41 (6) (d) or 292.81.
AB100, s. 2060
23Section
2060. 50.053 of the statutes is amended to read:
AB100,908,4
2450.053 Informal conference. The Except for the denial, nonrenewal or
25revocation of a license under s. 50.022 (4), the department may hold an informal
1conference with the parties to any contested action under this subchapter to resolve
2any or all issues prior to formal hearing. Unless any party to the contested case
3objects, the department may delay the commencement of the formal hearing in order
4to hold the informal conference.
AB100, s. 2061
5Section
2061. 50.09 (6) (d) of the statutes is amended to read:
AB100,908,126
50.09
(6) (d) The facility shall attach a statement, which summarizes
7complaints or allegations of violations of rights established under this section, to
an
8application for a new license or a renewal of its license. Such
the report required
9under s. 50.03 (4) (c) 1. or 2. The statement shall contain the date of the complaint
10or allegation, the name of the persons involved, the disposition of the matter and the
11date of disposition. The department shall consider
such the statement in reviewing
12the
application report.
AB100, s. 2062
13Section
2062. 50.13 of the statutes is amended to read:
AB100,908,20
1450.13 Fees permitted for a workshop or seminar. If the department
15develops and provides a workshop or seminar relating to the provision of service by
16facilities
, adult family homes or assisted living facilities under this subchapter, the
17department may establish a fee for each workshop or seminar and impose the fee on
18registrants for the workshop or seminar. A fee so established and imposed shall be
19in an amount sufficient to reimburse the department for the costs directly associated
20with developing and providing the workshop or seminar.
AB100, s. 2063
21Section
2063. 50.35 of the statutes is amended to read:
AB100,909,10
2250.35 Application and approval. Application for approval to maintain a
23hospital shall be made to the department on forms provided by the department. On
24receipt of an application, the department shall
, except as provided in s. 50.022, issue
25a certificate of approval if the applicant and hospital facilities meet the requirements
1established by the department.
This Except as provided in s. 50.022, this approval
2shall be in effect until, for just cause and in the manner herein prescribed, it is
3suspended or revoked. The certificate of approval may be issued only for the
4premises and persons or governmental unit named in the application and is not
5transferable or assignable.
The Except as provided in s. 50.022, the department may
6not withhold, suspend or revoke approval unless for a substantial failure to comply
7with ss. 50.32 to 50.39 or the rules and standards adopted by the department after
8giving a reasonable notice, a fair hearing and a reasonable opportunity to comply.
9Failure by a hospital to comply with s. 50.36 (3m) shall be considered to be a
10substantial failure to comply under this section.
AB100, s. 2064
11Section
2064. 50.355 of the statutes is created to read:
AB100,909,19
1250.355 Reporting. Every 12 months, on a schedule determined by the
13department, an approved hospital shall submit an annual report in the form and
14containing the information that the department requires, including payment of the
15fee required under s. 50.135 (2) (a). If a complete annual report is not timely filed,
16the department shall issue a warning to the holder of the certificate for approval.
17The department may revoke approval for failure to timely and completely report
18within 60 days after the report date established under the schedule determined by
19the department.
AB100, s. 2065
20Section
2065. 50.49 (2) (b) of the statutes is amended to read:
AB100,909,2321
50.49
(2) (b) The department shall, by rule, set a license fee to be paid by home
22health agencies. The fee
for license renewal shall be based on the annual net income,
23as determined by the department, of a home health agency.