AB100, s. 2066
24Section
2066. 50.49 (6) (title) of the statutes is amended to read:
AB100,910,2
150.49
(6) (title)
Issuance of license; inspection and investigation; annual
2renewal; nontransferable report; nontransferability; content.
AB100, s. 2067
3Section
2067. 50.49 (6) (a) of the statutes is amended to read:
AB100,910,104
50.49
(6) (a)
The Except as provided in s. 50.022 after December 31, 1997, the 5department shall issue a
home health agency license if the applicant is fit and
6qualified, and if the
home health agencies meet home health agency meets the
7requirements established by this section. The department, or its designated
8representatives, shall make such inspections and investigations as are necessary to
9determine the conditions existing in each case and file written reports.
Each licensee
10shall annually file a report with the department.
AB100, s. 2068
11Section
2068. 50.49 (6) (b) of the statutes is amended to read:
AB100,910,1612
50.49
(6) (b)
A Except as provided in s. 50.022 after December 31, 1997, a home
13health agency license
, unless sooner is valid until suspended or revoked
, shall be
14renewable at least biennially upon filing by the licensee, payment of the license fee
15and approval by the department of an annual report and application for renewal on
16forms provided by the department.
AB100, s. 2069
17Section
2069. 50.49 (6) (c) of the statutes is amended to read:
AB100,910,2218
50.49
(6) (c) Each license shall be issued only for the home health agency named
19in the application and
shall not be is not transferable or assignable.
If application
20for renewal is not so filed, such license is automatically canceled as of the date of its
21expiration. Any license granted shall state such additional information and special
22limitations as the department, by rule, prescribes.
AB100, s. 2070
23Section
2070. 50.49 (6) (d) of the statutes is created to read:
AB100,911,524
50.49
(6) (d) Every 12 months, on a schedule determined by the department,
25a licensed home health agency shall submit an annual report in the form and
1containing the information that the department requires, including payment of the
2fee required under sub. (2) (b). If a complete annual 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. 2071
6Section
2071. 50.49 (10) of the statutes is amended to read:
AB100,911,117
50.49
(10) Provisional licenses.
A Except as provided in s. 50.022, a 8provisional license if approved by the department may be issued to any home health
9agency, the facilities of which are in use or needed for patients, but which is
10temporarily unable to conform to all the rules established under this section. A
11provisional license may not be issued for more than one year.
AB100, s. 2072
12Section
2072. 50.495 of the statutes is created to read:
AB100,911,19
1350.495 Fees permitted for a workshop or seminar. If the department
14develops and provides a workshop or seminar relating to the provision of services by
15hospitals and home health agencies under this subchapter, the department may
16establish a fee for each workshop or seminar and impose the fee on registrants for
17the workshop or seminar. A fee so established and imposed shall be in an amount
18sufficient to reimburse the department for the costs directly associated with
19developing and providing the workshop or seminar.
AB100, s. 2073
20Section
2073. 50.51 (2) (b) of the statutes is amended to read:
AB100,911,2221
50.51
(2) (b) Minimum requirements for issuance of a provisional license
, or a
22regular
initial license
or a license renewal to rural medical centers.
AB100, s. 2074
23Section
2074. 50.51 (2) (c) of the statutes is amended to read:
AB100,912,3
150.51
(2) (c) Fees for rural medical center provisional licensure and regular
2initial licensure
and licensure renewal. The amounts of the fees shall be based on
3the health care services provided by the rural medical center.
AB100, s. 2075
4Section
2075. 50.52 (2) (intro.) of the statutes is amended to read:
AB100,912,85
50.52
(2) (intro.)
The Except as provided in s. 50.022 after December 31, 1997,
6the department shall issue a provisional license
,
or a regular
initial license
or a
7license renewal as a rural medical center to an applicant if all of the following are first
8done:
AB100, s. 2076
9Section
2076. 50.52 (4) of the statutes is amended to read:
AB100,912,1310
50.52
(4) Unless sooner revoked or suspended, a A regular
initial license
or a
11license renewal issued to a rural medical center is valid
for 24 months from the date
12of issuance and a until it is suspended or revoked. A provisional license issued to a
13rural medical center is valid for 6 months from the date of issuance.
AB100, s. 2077
14Section
2077. 50.535 of the statutes is created to read:
AB100,912,21
1550.535 Reporting. Every 24 months, on a schedule determined by the
16department, a licensed rural medical center shall submit a biennial report in the
17form and containing the information that the department requires, including
18payment of the fee required under s. 50.51 (2) (c). If a complete annual report is not
19timely filed, the department shall issue a warning to the licensee. The department
20may revoke the license for failure to timely and completely report within 60 days
21after the report date established under the schedule determined by the department.
AB100, s. 2078
22Section
2078. 50.56 (1) (intro.) of the statutes is amended to read:
AB100,913,223
50.56
(1) (intro.) Any of the following facilities or entities is not required to
24obtain licensure or a certificate of approval under the following statutes or to pay
25initial or renewal license fees under the following statutes if all of the services of the
1facility or entity are provided as a part of a rural medical center that holds a
current, 2valid license under this subchapter:
AB100, s. 2079
3Section
2079. 50.57 of the statutes is created to read:
AB100,913,10
450.57 Fees permitted for a workshop or seminar. If the department
5develops and provides a workshop or seminar relating to the provision of services by
6rural medical centers under this subchapter, the department may establish a fee for
7each workshop or seminar and impose the fee on registrants for the workshop or
8seminar. A fee so established and imposed shall be in an amount sufficient to
9reimburse the department for the costs directly associated with developing and
10providing the workshop or seminar.
AB100, s. 2080
11Section
2080. 50.92 (2) of the statutes is amended to read:
AB100,913,1512
50.92
(2) The Except as provided in s. 50.022 after December 31, 1997, the 13department shall issue
an initial license or a renewal of a license if the department
14finds that the applicant is fit and qualified and that the hospice meets the
15requirements of this subchapter and the rules promulgated under this subchapter.
AB100, s. 2081
16Section
2081. 50.92 (4) (a) of the statutes is amended to read:
AB100,914,417
50.92
(4) (a) In lieu of inspecting or investigating a hospice under sub. (3) prior
18to issuance of
an initial a license, the department may accept evidence that a hospice
19applying for licensure under s. 50.93 has been inspected under and is currently
20certified as meeting the conditions for medicare participation under
42 USC 1395 to
211395ccc.
In lieu of inspecting or investigating a hospice under sub. (3) prior to
22issuance of a license renewal, the department shall accept evidence that a hospice
23applying for licensure under s. 50.93 has been inspected under and is currently
24certified as meeting the conditions for medicare participation under 42 USC 1395 to
251395ccc. The department shall inspect or investigate under sub. (3) prior to issuance
1of an initial license or a renewal of a license If a hospice
that fails to meet the
2conditions for medicare participation under
42 USC 1395 to
1395ccc
, the department
3shall inspect or investigate the hospice under sub. (3) before initially issuing a license
4for the hospice.
AB100, s. 2082
5Section
2082. 50.92 (4) (b) of the statutes is amended to read:
AB100,914,136
50.92
(4) (b) In lieu of inspecting or investigating a hospice under sub. (3) prior
7to issuance of
an initial license or a renewal of a license, the department may accept
8evidence that a hospice applying for licensure under s. 50.93 has been inspected
9under and is currently in compliance with the hospice requirements of the joint
10commission for the accreditation of health organizations. A hospice shall provide the
11department with a copy of the report by the joint commission for the accreditation
12of health organizations of each periodic review the association conducts of the
13hospice.
AB100, s. 2083
14Section
2083. 50.92 (5) of the statutes is amended to read:
AB100,914,2315
50.92
(5) The past record of violations of applicable laws or regulations of the
16United States or of state statutes or rules of this or any other state, in the operation
17of any health-related organization, by an operator, managing employe or direct or
18indirect owner of a hospice or of an interest of a hospice is relevant to the issue of the
19fitness of an applicant for
receipt of an initial license or the renewal of a license. The
20department or the department's designated representative shall inspect and
21investigate as necessary to determine the conditions existing in each case under this
22subsection and shall prepare and maintain a written report concerning the
23investigation and inspection.
AB100, s. 2084
24Section
2084. 50.93 (1) (intro.) of the statutes is amended to read:
AB100,915,2
150.93
(1) Application. (intro.) The application for
an initial license, for renewal 2of a license or for a provisional license shall:
AB100, s. 2085
3Section
2085. 50.93 (1) (c) of the statutes is amended to read:
AB100,915,234
50.93
(1) (c) Include licensing fee payment, unless the licensing fee is waived
5by the department on a case-by-case basis under criteria for determining financial
6hardship established in rules promulgated by the department. An initial licensing
7fee is $300, except that, for a hospice that is a nonprofit corporation and that is served
8entirely by uncompensated volunteers or employs persons in not more than 1.5
9positions at 40 hours of employment per week, the initial licensing fee is $25. The
10renewal annual fee
thereafter is an amount equal to 0.15% of the net annual income
11of the hospice, based on the most recent annual report of the hospice under
par. (d) 12sub. (3m), or
, if that amount is less than $200, the renewal fee is $200
, whichever is
13greater, and if
that the amount
equal to 0.15% of the net annual income of the hospice 14is greater than $1,000, the
renewal fee is $1,000, except that for a hospice that is a
15nonprofit corporation and that is served entirely by uncompensated volunteers or
16employs persons in not more than 1.5 positions at 40 hours of employment per week
17the
renewal annual fee is $10. The amount of the provisional licensing fee shall be
18established under s. 50.95 (2). The
initial licensing fee for
an initial license a hospice,
19including the initial licensing fee for a hospice that is a nonprofit corporation and
20that is served entirely by uncompensated volunteers or employs persons in not more
21than 1.5 positions at 40 hours of employment per week, issued after September 1
22shall may be prorated
according to the number of full months remaining in the
23license period.
AB100, s. 2086
24Section
2086. 50.93 (1) (d) of the statutes is repealed.
AB100, s. 2087
25Section
2087. 50.93 (2) (title) of the statutes is amended to read:
AB100,916,1
150.93
(2) (title)
Issuance of
initial license or license renewal.
AB100, s. 2088
2Section
2088. 50.93 (2) (a) of the statutes is amended to read:
AB100,916,53
50.93
(2) (a)
Unless sooner revoked or suspended, an initial A hospice license
4or renewal of a license issued to a hospice is valid
for 12 months from the date of
5issuance until suspended or revoked.
AB100, s. 2089
6Section
2089. 50.93 (2) (b) of the statutes is repealed.
AB100, s. 2090
7Section
2090. 50.93 (2) (d) of the statutes is amended to read:
AB100,916,108
50.93
(2) (d) Any
initial license
or renewal of a license shall state any additional
9information or granted under special limitations prescribed by the department
shall
10state the limitations.
AB100, s. 2091
11Section
2091. 50.93 (3) of the statutes is amended to read:
AB100,916,2112
50.93
(3) Provisional license. If the applicant has not been previously licensed
13under this subchapter or if the hospice is not in operation at the time that application
14is made, the department may
, except as provided in s. 50.022, issue a provisional
15license. Unless sooner suspended or revoked under sub. (4), a provisional license
16shall be valid for 24 months from the date of issuance. Within 30 days prior to the
17termination of a provisional license, the department shall fully and completely
18inspect the hospice and, if the hospice meets the applicable requirements for
19licensure, shall
, except as provided in s. 50.022, issue a regular license under sub.
20(2). If the department finds that the hospice does not meet the requirements for
21licensure, the department may not issue a regular license under sub. (2).
AB100, s. 2092
22Section
2092. 50.93 (3m) of the statutes is created to read:
AB100,917,723
50.93
(3m) Reporting. Every 12 months, on a schedule determined by the
24department, a licensed hospice shall submit an annual report in the form and
25containing the information that the department requires, including payment of the
1fee required under sub. (1) (c), evidence of current certification as meeting the
2conditions for medicare participation under
42 USC 1395 to
1395ccc and evidence of
3current compliance with the hospice requirements of the joint commission for the
4accreditation of health organizations. If a complete annual report is not timely filed,
5the department shall issue a warning to the licensee. The department may revoke
6the license for failure to timely and completely report within 60 days after the report
7date established under the schedule determined by the department.
AB100, s. 2093
8Section
2093. 50.93 (4) (title) of the statutes is amended to read:
AB100,917,99
50.93
(4) (title)
Suspension, nonrenewal and revocation.
AB100, s. 2094
10Section
2094. 50.93 (4) (a) of the statutes is amended to read:
AB100,917,1611
50.93
(4) (a) The department, after notice to the applicant or licensee, may
12suspend
, or revoke
or refuse to renew a license in any case in which the department
13finds that there has been a substantial failure to comply with the requirements of
14this subchapter or the rules promulgated under this subchapter. No state or federal
15funds passing through the state treasury may be paid to a hospice not having a valid
16license issued under this section.
AB100, s. 2095
17Section
2095. 50.93 (4) (b) of the statutes is amended to read:
AB100,917,2118
50.93
(4) (b) Notice under this subsection shall include a clear and concise
19statement of the violations on which the
nonrenewal or revocation is based, the
20statute or rule violated and notice of the opportunity for an evidentiary hearing
21under par. (c).
AB100, s. 2096
22Section
2096. 50.93 (4) (c) of the statutes is amended to read:
AB100,917,2523
50.93
(4) (c) If a hospice desires to contest the
nonrenewal or revocation of a
24license, the hospice shall, within 10 days after receipt of notice under par. (b), notify
25the department in writing of its request for a hearing under s. 227.44.
AB100, s. 2097
1Section
2097. 50.93 (4) (d) 2. of the statutes is repealed.
AB100, s. 2098
2Section
2098. 50.93 (4) (d) 3. of the statutes is amended to read:
AB100,918,53
50.93
(4) (d) 3. The department may extend the effective date of license
4revocation
or expiration in any case in order to permit orderly removal and relocation
5of individuals served by the hospice.
AB100, s. 2099
6Section
2099. 50.93 (4) (e) of the statutes is created to read:
AB100,918,87
50.93
(4) (e) This subsection does not apply to the nonrenewal or revocation of
8a license for a hospice under s. 50.022.
AB100, s. 2100
9Section
2100. 50.95 (5) of the statutes is amended to read:
AB100,918,1110
50.95
(5) Criteria for determining that the applicant for
initial licensure
or
11license renewal is fit and qualified.
AB100, s. 2101
12Section
2101. 50.981 of the statutes is created to read:
AB100,918,19
1350.981 Fees permitted for a workshop or seminar. If the department
14develops and provides a workshop or seminar relating to the provision of services by
15hospices under this subchapter, the department may establish a fee for each
16workshop or seminar and impose the fee on registrants for the workshop or seminar.
17A fee so established and imposed shall be in an amount sufficient to reimburse the
18department for the costs directly associated with developing and providing the
19workshop or seminar.
AB100, s. 2102
20Section
2102. 51.02 (1) (f) of the statutes is repealed.
AB100, s. 2103
21Section
2103. 51.032 of the statutes is created to read:
AB100,919,2
2251.032 Denial and revocations of certification or approval based on tax
23delinquency. (1) The department shall require each applicant to provide the
24department with his or her social security number, if the applicant is an individual,
1or the applicant's federal employer identification number, if the applicant is not an
2individual, as a condition of issuing any of the following:
AB100,919,33
(a) A certification issued under s. 51.038.
AB100,919,44
(b) A certification issued under s. 51.04.
AB100,919,55
(c) A certification issued under rules required under s. 51.42 (7) (b) 11.
AB100,919,66
(d) A certification issued under rules required under s. 51.421 (3) (a).
AB100,919,77
(e) An approval issued under s. 51.45 (8).
AB100,919,10
8(2) The department may not disclose any information received under sub. (1)
9to any person except to the department of revenue for the sole purpose of requesting
10certifications under s. 73.0301.
AB100,919,13
11(3) The department shall deny an application for the issuance of a certification
12or approval specified in sub. (1) if the applicant does not provide the information
13specified in sub. (1). A denial under this subsection is subject to review under ch. 227.
AB100,919,17
14(4) The department shall deny an application for the issuance of a certification
15or approval specified in sub. (1) or shall revoke a certification or approval specified
16in sub. (1) if the department of revenue certifies under s. 73.0301 that the applicant
17for or holder of a certification or approval is liable for delinquent taxes.
AB100, s. 2104
18Section
2104. 51.038 of the statutes is amended to read:
AB100,920,2
1951.038 Outpatient mental health clinic certification. If Except as
20provided in s. 51.032, if a facility that provides mental health services on an
21outpatient basis holds current accreditation from the council on accreditation of
22services for families and children, the department may accept evidence of this
23accreditation as equivalent to the standards established by the department, for the
24purpose of certifying the facility for the receipt of funds for services provided as a
1benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f., a community aids
2funding recipient under s. 51.423 (2) or as mandated coverage under s. 632.89.