AB100: Bill Text

AB100,911,19 50.495 Fees permitted for a workshop or seminar. If the department develops and provides a workshop or seminar relating to the provision of services by hospitals and home health agencies under this subchapter, the department may establish a fee for each workshop or seminar and impose the fee on registrants for the workshop or seminar. A fee so established and imposed shall be in an amount sufficient to reimburse the department for the costs directly associated with developing and providing the workshop or seminar.

AB100, s. 2073 Section 2073. 50.51 (2) (b) of the statutes is amended to read:

AB100,911,22 50.51 (2) (b) Minimum requirements for issuance of a provisional license, or a regular initial license or a license renewal to rural medical centers.

AB100, s. 2074 Section 2074. 50.51 (2) (c) of the statutes is amended to read:

AB100,912,3 50.51 (2) (c) Fees for rural medical center provisional licensure and regular initial licensure and licensure renewal. The amounts of the fees shall be based on the health care services provided by the rural medical center.

AB100, s. 2075 Section 2075. 50.52 (2) (intro.) of the statutes is amended to read:

AB100,912,8 50.52 (2) (intro.) The Except as provided in s. 50.022 after December 31, 1997, the department shall issue a provisional license, or a regular initial license or a license renewal as a rural medical center to an applicant if all of the following are first done:

AB100, s. 2076 Section 2076. 50.52 (4) of the statutes is amended to read:

AB100,912,13 50.52 (4) Unless sooner revoked or suspended, a A regular initial license or a license renewal issued to a rural medical center is valid for 24 months from the date of issuance and a until it is suspended or revoked. A provisional license issued to a rural medical center is valid for 6 months from the date of issuance.

AB100, s. 2077 Section 2077. 50.535 of the statutes is created to read:

AB100,912,21 50.535 Reporting. Every 24 months, on a schedule determined by the department, a licensed rural medical center shall submit a biennial report in the form and containing the information that the department requires, including payment of the fee required under s. 50.51 (2) (c). If a complete annual report is not timely filed, the department shall issue a warning to the licensee. The department may revoke the license for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.

AB100, s. 2078 Section 2078. 50.56 (1) (intro.) of the statutes is amended to read:

AB100,913,2 50.56 (1) (intro.) Any of the following facilities or entities is not required to obtain licensure or a certificate of approval under the following statutes or to pay initial or renewal license fees under the following statutes if all of the services of the facility or entity are provided as a part of a rural medical center that holds a current, valid license under this subchapter:

AB100, s. 2079 Section 2079. 50.57 of the statutes is created to read:

AB100,913,10 50.57 Fees permitted for a workshop or seminar. If the department develops and provides a workshop or seminar relating to the provision of services by rural medical centers under this subchapter, the department may establish a fee for each workshop or seminar and impose the fee on registrants for the workshop or seminar. A fee so established and imposed shall be in an amount sufficient to reimburse the department for the costs directly associated with developing and providing the workshop or seminar.

AB100, s. 2080 Section 2080. 50.92 (2) of the statutes is amended to read:

AB100,913,15 50.92 (2) The Except as provided in s. 50.022 after December 31, 1997, the department shall issue an initial license or a renewal of a license if the department finds that the applicant is fit and qualified and that the hospice meets the requirements of this subchapter and the rules promulgated under this subchapter.

AB100, s. 2081 Section 2081. 50.92 (4) (a) of the statutes is amended to read:

AB100,914,4 50.92 (4) (a) In lieu of inspecting or investigating a hospice under sub. (3) prior to issuance of an initial a license, the department may accept evidence that a hospice applying for licensure under s. 50.93 has been inspected under and is currently certified as meeting the conditions for medicare participation under 42 USC 1395 to 1395ccc. In lieu of inspecting or investigating a hospice under sub. (3) prior to issuance of a license renewal, the department shall accept evidence that a hospice applying for licensure under s. 50.93 has been inspected under and is currently certified as meeting the conditions for medicare participation under 42 USC 1395 to 1395ccc. The department shall inspect or investigate under sub. (3) prior to issuance of an initial license or a renewal of a license If a hospice that fails to meet the conditions for medicare participation under 42 USC 1395 to 1395ccc , the department shall inspect or investigate the hospice under sub. (3) before initially issuing a license for the hospice.

AB100, s. 2082 Section 2082. 50.92 (4) (b) of the statutes is amended to read:

AB100,914,13 50.92 (4) (b) In lieu of inspecting or investigating a hospice under sub. (3) prior to issuance of an initial license or a renewal of a license, the department may accept evidence that a hospice applying for licensure under s. 50.93 has been inspected under and is currently in compliance with the hospice requirements of the joint commission for the accreditation of health organizations. A hospice shall provide the department with a copy of the report by the joint commission for the accreditation of health organizations of each periodic review the association conducts of the hospice.

AB100, s. 2083 Section 2083. 50.92 (5) of the statutes is amended to read:

AB100,914,23 50.92 (5) The past record of violations of applicable laws or regulations of the United States or of state statutes or rules of this or any other state, in the operation of any health-related organization, by an operator, managing employe or direct or indirect owner of a hospice or of an interest of a hospice is relevant to the issue of the fitness of an applicant for receipt of an initial license or the renewal of a license. The department or the department's designated representative shall inspect and investigate as necessary to determine the conditions existing in each case under this subsection and shall prepare and maintain a written report concerning the investigation and inspection.

AB100, s. 2084 Section 2084. 50.93 (1) (intro.) of the statutes is amended to read:

AB100,915,2 50.93 (1) Application. (intro.) The application for an initial license, for renewal of a license or for a provisional license shall:

AB100, s. 2085 Section 2085. 50.93 (1) (c) of the statutes is amended to read:

AB100,915,23 50.93 (1) (c) Include licensing fee payment, unless the licensing fee is waived by the department on a case-by-case basis under criteria for determining financial hardship established in rules promulgated by the department. An initial licensing fee is $300, except that, for a hospice that is a nonprofit corporation and that is served entirely by uncompensated volunteers or employs persons in not more than 1.5 positions at 40 hours of employment per week, the initial licensing fee is $25. The renewal annual fee thereafter is an amount equal to 0.15% of the net annual income of the hospice, based on the most recent annual report of the hospice under par. (d) sub. (3m), or, if that amount is less than $200, the renewal fee is $200, whichever is greater, and if that the amount equal to 0.15% of the net annual income of the hospice is greater than $1,000, the renewal fee is $1,000, except that for a hospice that is a nonprofit corporation and that is served entirely by uncompensated volunteers or employs persons in not more than 1.5 positions at 40 hours of employment per week the renewal annual fee is $10. The amount of the provisional licensing fee shall be established under s. 50.95 (2). The initial licensing fee for an initial license a hospice, including the initial licensing fee for a hospice that is a nonprofit corporation and that is served entirely by uncompensated volunteers or employs persons in not more than 1.5 positions at 40 hours of employment per week, issued after September 1 shall may be prorated according to the number of full months remaining in the license period.

AB100, s. 2086 Section 2086. 50.93 (1) (d) of the statutes is repealed.

AB100, s. 2087 Section 2087. 50.93 (2) (title) of the statutes is amended to read:

AB100,916,1 50.93 (2) (title) Issuance of initial license or license renewal.

AB100, s. 2088 Section 2088. 50.93 (2) (a) of the statutes is amended to read:

AB100,916,5 50.93 (2) (a) Unless sooner revoked or suspended, an initial A hospice license or renewal of a license issued to a hospice is valid for 12 months from the date of issuance until suspended or revoked.

AB100, s. 2089 Section 2089. 50.93 (2) (b) of the statutes is repealed.

AB100, s. 2090 Section 2090. 50.93 (2) (d) of the statutes is amended to read:

AB100,916,10 50.93 (2) (d) Any initial license or renewal of a license shall state any additional information or granted under special limitations prescribed by the department shall state the limitations.

AB100, s. 2091 Section 2091. 50.93 (3) of the statutes is amended to read:

AB100,916,21 50.93 (3) Provisional license. If the applicant has not been previously licensed under this subchapter or if the hospice is not in operation at the time that application is made, the department may, except as provided in s. 50.022, issue a provisional license. Unless sooner suspended or revoked under sub. (4), a provisional license shall be valid for 24 months from the date of issuance. Within 30 days prior to the termination of a provisional license, the department shall fully and completely inspect the hospice and, if the hospice meets the applicable requirements for licensure, shall, except as provided in s. 50.022, issue a regular license under sub. (2). If the department finds that the hospice does not meet the requirements for licensure, the department may not issue a regular license under sub. (2).

AB100, s. 2092 Section 2092. 50.93 (3m) of the statutes is created to read:

AB100,917,7 50.93 (3m) Reporting. Every 12 months, on a schedule determined by the department, a licensed hospice shall submit an annual report in the form and containing the information that the department requires, including payment of the fee required under sub. (1) (c), evidence of current certification as meeting the conditions for medicare participation under 42 USC 1395 to 1395ccc and evidence of current compliance with the hospice requirements of the joint commission for the accreditation of health organizations. If a complete annual report is not timely filed, the department shall issue a warning to the licensee. The department may revoke the license for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.

AB100, s. 2093 Section 2093. 50.93 (4) (title) of the statutes is amended to read:

AB100,917,9 50.93 (4) (title) Suspension, nonrenewal and revocation.

AB100, s. 2094 Section 2094. 50.93 (4) (a) of the statutes is amended to read:

AB100,917,16 50.93 (4) (a) The department, after notice to the applicant or licensee, may suspend, or revoke or refuse to renew a license in any case in which the department finds that there has been a substantial failure to comply with the requirements of this subchapter or the rules promulgated under this subchapter. No state or federal funds passing through the state treasury may be paid to a hospice not having a valid license issued under this section.

AB100, s. 2095 Section 2095. 50.93 (4) (b) of the statutes is amended to read:

AB100,917,21 50.93 (4) (b) 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. 2096 Section 2096. 50.93 (4) (c) of the statutes is amended to read:

AB100,917,25 50.93 (4) (c) If a hospice desires to contest the nonrenewal or revocation of a license, the hospice 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.

AB100, s. 2097 Section 2097. 50.93 (4) (d) 2. of the statutes is repealed.

AB100, s. 2098 Section 2098. 50.93 (4) (d) 3. of the statutes is amended to read:

AB100,918,5 50.93 (4) (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 individuals served by the hospice.

AB100, s. 2099 Section 2099. 50.93 (4) (e) of the statutes is created to read:

AB100,918,8 50.93 (4) (e) This subsection does not apply to the nonrenewal or revocation of a license for a hospice under s. 50.022.

AB100, s. 2100 Section 2100. 50.95 (5) of the statutes is amended to read:

AB100,918,11 50.95 (5) Criteria for determining that the applicant for initial licensure or license renewal is fit and qualified.

AB100, s. 2101 Section 2101. 50.981 of the statutes is created to read:

AB100,918,19 50.981 Fees permitted for a workshop or seminar. If the department develops and provides a workshop or seminar relating to the provision of services by hospices under this subchapter, the department may establish a fee for each workshop or seminar and impose the fee on registrants for the workshop or seminar. A fee so established and imposed shall be in an amount sufficient to reimburse the department for the costs directly associated with developing and providing the workshop or seminar.

AB100, s. 2102 Section 2102. 51.02 (1) (f) of the statutes is repealed.

AB100, s. 2103 Section 2103. 51.032 of the statutes is created to read:

AB100,919,2 51.032 Denial and revocations of certification or approval 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 number, if the applicant is not an individual, as a condition of issuing any of the following:

AB100,919,3 (a) A certification issued under s. 51.038.

AB100,919,4 (b) A certification issued under s. 51.04.

AB100,919,5 (c) A certification issued under rules required under s. 51.42 (7) (b) 11.

AB100,919,6 (d) A certification issued under rules required under s. 51.421 (3) (a).

AB100,919,7 (e) An approval issued under s. 51.45 (8).

AB100,919,10 (2) The department may not disclose any information received under sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB100,919,13 (3) The department shall deny an application for the issuance of a certification or approval specified in sub. (1) if the applicant does not provide the information specified in sub. (1). A denial under this subsection is subject to review under ch. 227.

AB100,919,17 (4) The department shall deny an application for the issuance of a certification or approval specified in sub. (1) or shall revoke a certification or approval specified in sub. (1) if the department of revenue certifies under s. 73.0301 that the applicant for or holder of a certification or approval is liable for delinquent taxes.

AB100, s. 2104 Section 2104. 51.038 of the statutes is amended to read:

AB100,920,2 51.038 Outpatient mental health clinic certification. If Except as provided in s. 51.032, if a facility that provides mental health services on an outpatient basis holds current accreditation from the council on accreditation of services for families and children, the department may accept evidence of this accreditation as equivalent to the standards established by the department, for the purpose of certifying the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f., a community aids funding recipient under s. 51.423 (2) or as mandated coverage under s. 632.89.

AB100, s. 2105 Section 2105. 51.04 of the statutes is amended to read:

AB100,920,9 51.04 Treatment facility certification. Any Except as provided in s. 51.032, any treatment facility may apply to the department for certification of the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f. or to a community aids funding recipient under s. 51.423 (2) or provided as mandated coverage under s. 632.89. The department shall annually charge a fee for each certification.

AB100, s. 2106 Section 2106. 51.05 (3g) of the statutes is repealed.

AB100, s. 2107 Section 2107. 51.05 (3m) of the statutes is amended to read:

AB100,920,20 51.05 (3m) Notwithstanding s. 20.903 (1), the department shall implement a plan that is approved by the department of administration to assure that, before July 1, 1999, there are sufficient revenues, as projected by the department of health and family services, to cover anticipated expenditures by that date under the appropriation under s. 20.435 (2) (gk) for the purpose of reimbursing the provision of care to patients of the Mendota mental health institute or the Winnebago mental health institute. The department of health and family services shall make reports to the department of administration every 3 months, beginning on October 1, 1993, and ending on July 1, 1999, concerning the implementation of this plan.

AB100, s. 2108 Section 2108. 51.05 (5) of the statutes is amended to read:

AB100,921,5 51.05 (5) School activities. If an individual over the age of 2 and under the age of 22 and eligible for schooling under ss. 115.76 (2) and 115.85 is committed, admitted or transferred to or is a resident of the Mendota mental health institute or Winnebago mental health institute, the individual shall attend a school program operated by the applicable mental health institute or a school outside the applicable mental health institute which is approved by the department of education public instruction. A school program operated by the Mendota mental health institute or Winnebago mental health institute shall be under the supervision of the department of education public instruction and shall meet standards prescribed by that agency.

AB100, s. 2109 Section 2109. 51.055 of the statutes is created to read:

AB100,921,15 51.055 Nontreatment unit or facility. The department, a county department under s. 51.42 or 51.437 or another person operating a mental health institute or another inpatient facility for treatment of mental illness may establish and operate, under standards promulgated as rules by the department, a nontreatment unit or facility. A nontreatment unit or facility may not be located in a prison, jail, lockup or house of correction. The nontreatment unit or facility shall serve only patients who are transferred to it under s. 51.61 (1) (g) 5. b. Chapter 50 does not apply to a nontreatment unit or facility that is established and operated under this section.

AB100, s. 2110 Section 2110. 51.06 (2) of the statutes is amended to read:

AB100,921,23 51.06 (2) School activities. If an individual over the age of 2 years and under the age of 22 years and eligible for schooling under ss. 115.76 (2) and 115.85 is admitted to, is placed in or is a resident of a center, the individual shall attend a school program operated by the center or a school outside the center which is approved by the department of education public instruction. A school program operated by the center shall be under the supervision of the department of education public instruction and shall meet standards prescribed by that agency.

AB100, s. 2111 Section 2111. 51.07 (3) of the statutes is amended to read:

AB100,922,10 51.07 (3) The department may provide outpatient services only to patients contracted for with county departments under ss. 51.42 and 51.437 in accordance with s. 46.03 (18), except for those patients whom the department finds to be nonresidents of this state and those patients specified in sub. (4) (a). The full and actual cost less applicable collections of such services contracted for with county departments under s. 51.42 or 51.437 shall be charged to the respective county department under s. 51.42 or 51.437. The state shall provide the services required for patient care only if no such outpatient services are funded by the department in the county or group of counties served by the respective county department under s. 51.42 or 51.437.

AB100, s. 2112 Section 2112. 51.07 (4) of the statutes is created to read:

AB100,922,16 51.07 (4) (a) The department may provide outpatient services at the Winnebago Mental Health Institute to a patient who is a pupil of a school district that contracts with the department for the provision of those services. The department shall charge the full and actual cost of those services contracted for to the school district in which the patient is enrolled.

AB100,922,21 (b) If the Winnebago Mental Health Institute has provided a pupil of a school district with the services contracted for under par. (a), the department shall regularly bill the school district for the services provided and, subject to the provisions of the contract, the school district shall pay the amount due within 60 days after the billing date.