SB436,125,99
50.065
(1) (c) 6. A public health dispensary established under s. 252.10.
SB436, s. 233
10Section
233. 50.065 (1) (cm) of the statutes is created to read:
SB436,125,1211
50.065
(1) (cm) "Hospital" means a facility approved as a hospital under s.
1250.35.
SB436,125,1915
50.065
(2) (a) (intro.) Notwithstanding s. 111.335, and except as provided in
16sub. (5), the department may not license
, certify, issue a certificate of approval to or
17register a person to operate an entity or continue the license
, certification, certificate
18of approval or registration of a person to operate an entity if the department knows
19or should have known any of the following:
SB436,125,2522
50.065
(2) (am) (intro.)
The Subject to subd. 5. and par. (bd), the department
23shall obtain all of the following with respect to a person specified under par. (a)
24(intro.)
and a person specified under par. (ag) (intro.) who is a nonclient resident or
25prospective nonclient resident of an entity:
SB436, s. 236
1Section
236. 50.065 (2) (am) 5. of the statutes is created to read:
SB436,126,122
50.065
(2) (am) 5. Information maintained by the department under this
3section regarding any denial to the person of a license, certification, certificate of
4approval or registration or of a continuation of a license, certification, certificate of
5approval or registration to operate an entity for a reason specified in par. (a) 1. to 5.
6and regarding any denial to the person of employment at, a contract with or
7permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the
8information obtained under this subdivision indicates that the person has been
9denied a license, certification, certificate of approval or registration, continuation of
10a license, certification, certificate of approval or registration, a contract, employment
11or permission to reside as described in this subdivision, the department need not
12obtain the information specified in subds. 1. to 4.
SB436,126,1815
50.065
(2) (b) 1. (intro.) Subject to subds.
1. e. and 2. and
3. par. (bd), every
16entity shall obtain all of the following with respect to a person specified under par.
17(ag) (intro.)
who is an employe or contractor or a prospective employe or contractor
18of the entity:
SB436, s. 238
19Section
238. 50.065 (2) (b) 1. e. of the statutes is created to read:
SB436,127,520
50.065
(2) (b) 1. e. Information maintained by the department under this
21section regarding any denial to the person of a license, certification, certificate of
22approval or registration or of a continuation of a license, certification, certificate of
23approval or registration to operate an entity for a reason specified in par. (a) 1. to 5.
24and regarding any denial to the person of employment at, a contract with or
25permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the
1information obtained under this subd. 1. e. indicates that the person has been denied
2a license, certification, certificate of approval or registration, continuation of a
3license, certification, certificate of approval or registration, a contract, employment
4or permission to reside as described in this subd. 1. e., the entity need not obtain the
5information specified in subd. 1. a. to d.
SB436,127,198
50.065
(2) (bd)
Subdivision 1. does not apply Notwithstanding pars. (am) and
9(b) 1., the department is not required to obtain the information specified in par. (am)
101. to 5., and an entity is not required to obtain the information specified in par. (b)
111. a. to e., with respect to a person under 18 years of age whose background
12information form under sub. (6) (am) indicates that the person is not ineligible to be
13employed, contracted with or permitted to reside at
the an entity for a reason
14specified in par. (ag) 1. to 5. and with respect to whom the
department or entity
15otherwise has no reason to believe that the person is ineligible to be employed,
16contracted with or permitted to reside at
the an entity for any of those reasons.
This
17paragraph does not preclude the department from obtaining, at its discretion, the
18information specified in par. (am) 1. to 5. with respect to a person described in this
19paragraph who is a nonclient resident or a prospective nonclient resident of an entity.
SB436,128,822
50.065
(2) (bg) If an entity takes an action specified in par. (ag) (intro.) with
23respect to
a person an employe, prospective employe, contractor or prospective
24contractor for whom, within the last 4 years, the information required under par. (b)
251. a. to c.
and e. has already been obtained, either by another entity or by a temporary
1employment agency, the entity may obtain the information required under par. (b)
21. a. to c.
and e. from that other entity or temporary employment agency, which shall
3provide the information, if possible, to the entity. If an entity cannot obtain the
4information required under par. (b) 1. a. to c.
and e. from another entity or from a
5temporary employment agency
or if an entity has reasonable grounds to believe that
6any information obtained from another entity or from a temporary employment
7agency is no longer accurate, the entity shall obtain that information from the
8sources specified in par. (b) 1. a. to c
and e.
SB436,128,2311
50.065
(2) (c) If the background information form completed by a person under
12sub. (6) (am) indicates that the person is not ineligible to be employed
, or contracted
13with
or permitted to reside at an entity for a reason specified in par. (ag) 1. to 5., an
14entity may employ or contract with the person
or permit the person to reside at the
15entity for not more than 60 days pending the receipt of the information sought under
16par. (b) 1.
If the background information form completed by a person under sub. (6)
17(am) indicates that the person is not ineligible to be permitted to reside at an entity
18for a reason specified in par. (ag) 1. to 5. and if an entity otherwise has no reason to
19believe that the person is ineligible to be permitted to reside at an entity for any of
20those reasons, the entity may permit the person to reside at the entity for not more
21than 60 days pending receipt of the information sought under par. (am). An entity
22shall provide supervision for a person who is employed or contracted with or
23permitted to reside as permitted under this paragraph.
SB436,129,5
150.065
(3) (a) Every 4 years or at any time within that period that the
2department considers appropriate, the department shall request the information
3specified in sub. (2) (am) 1. to 4. for all persons who are licensed to operate an entity
4and for all persons specified in par. (ag) (intro.) who are nonclient residents of an
5entity.
SB436,129,118
50.065
(3) (b) Every 4 years or at any other time within that period that an
9entity considers appropriate, the entity shall request the information specified in
10sub. (2) (b) 1. a. to d. for all persons specified in sub. (2) (ag) (intro.)
who are employes
11or contractors of the entity.
SB436,129,1814
50.065
(3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department
15obtains the information required under sub. (2) (am) or (3) (a) with respect to a person
16specified in sub. (2) (a) (intro.) and that person is also an employe, contractor or
17nonclient resident of the entity, the entity is not required to obtain the information
18specified in sub. (2) (b) 1. or (3) (b) with respect to that person.
SB436,130,521
50.065
(5) (intro.) The department may license
, certify, issue a certificate of
22approval to or register to operate an entity a person who otherwise may not be
23licensed
, certified, issued a certificate of approval or registered for a reason specified
24in sub. (2) (a) 1. to 5., and an entity may employ, contract with or permit to reside at
25the entity a person who otherwise may not be employed, contracted with or permitted
1to reside at the entity for a reason specified in sub. (2) (ag) 1. to 5., if the person
2demonstrates to the department by clear and convincing evidence and in accordance
3with procedures established by the department by rule that he or she has been
4rehabilitated. No person who has been convicted of any of the following offenses may
5be permitted to demonstrate that he or she has been rehabilitated:
SB436, s. 246
6Section
246. 50.065 (5) (f) of the statutes is created to read:
SB436,130,87
50.065
(5) (f) An offense that is included in the list established by the
8department by rule promulgated under sub. (7) (am).
SB436,130,1811
50.065
(5m) Notwithstanding s. 111.335, the department may refuse to license
,
12certify or register, or issue a certificate of approval to, a person to operate an entity,
13and an entity may refuse to employ, contract with or permit to reside at the entity
14a person specified in sub. (2) (ag) (intro.), if the person has been convicted of an
15offense that the department has not defined as a "serious crime" by rule promulgated
16under sub. (7) (a), or specified in the list established by rule under sub. (7) (b), but
17that is, in the estimation of the department or entity, substantially related to the care
18of a client.
SB436,130,2421
50.065
(6) (a) The department shall require any person who applies for
22issuance or continuation of a license
, certification, certificate of approval or
23registration to operate an entity to complete a background information form that is
24provided by the department.
SB436,131,93
50.065
(6) (b) For persons specified under par. (a) who are
regulated, licensed
,
4issued a certificate of approval or certified by, or registered with, the department, for
5person specified in par. (am) 2., and for other persons specified by the department by
6rule, the entity shall send the background information form to the department. For
7all other persons specified in par. (a) and for persons specified under par. (am) 1., the
8entity shall maintain the background information form on file for inspection by the
9department.
SB436,131,2212
50.065
(7) (a) Establish by rule a definition of "serious crime" for the purpose
13of this section. The definition shall include only crimes or acts that are substantially
14related to the care of a client
, shall include those crimes or acts that are included in
15the list established under par. (am), shall include the offenses specified in sub. (5) (a)
16to (e) and shall include classes of crimes or acts involving abuse or neglect of a client
17for which
no a person who has committed any of those crimes or acts may be
18permitted to demonstrate under sub. (5) that he or she has been rehabilitated.
The
19definition may also include other crimes or acts that do not involve abuse or neglect
20of a client but that are substantially related to the care of a client for which no person
21who committed any of those crimes or acts may be permitted to demonstrate under
22sub. (5) that he or she has been rehabilitated.
SB436, s. 251
23Section
251. 50.065 (7) (am) of the statutes is created to read:
SB436,132,724
50.065
(7) (am) Establish by rule a list of crimes or acts, in addition to those
25offenses specified in sub. (5) (a) to (e), involving the abuse or neglect of a client for
1which no person who has committed any of those crimes or acts may be permitted to
2demonstrate under sub. (5) that he or she has been rehabilitated. The list may also
3include other crimes or acts, in addition to those offenses specified in sub. (5) (a) to
4(e), that do not involve the abuse or neglect of a client, but that are substantially
5related to the care of a client, for which no person who has committed any of those
6crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been
7rehabilitated.
SB436, s. 252
8Section
252. 50.33 (1) of the statutes is renumbered 50.33 (1r).
SB436, s. 253
9Section
253. 50.33 (1g) of the statutes is created to read:
SB436,132,1210
50.33
(1g) "Critical access hospital" means a hospital that is designated by the
11department as meeting the requirements of
42 USC 1395i-4 (c) (2) (B) and is
12federally certified as meeting the requirements of
42 USC 1395i-4 (e).
SB436, s. 254
13Section
254. 50.33 (2) (c) of the statutes is amended to read:
SB436,132,1814
50.33
(2) (c) "Hospital" includes "special hospitals" or those hospital facilities
15providing primarily one that provide a limited type of medical or surgical care
such
16as, but not in limitation thereof,
including orthopedic hospitals, children's hospitals,
17critical access hospitals, mental hospitals, psychiatric hospitals or maternity
18hospitals.
SB436, s. 255
19Section
255. 50.35 of the statutes is amended to read:
SB436,133,8
2050.35 Application and approval. Application for approval to maintain a
21hospital shall be made to the department on forms provided by the department. On
22receipt of an application, the department shall
, except as provided in s. 50.498, issue
23a certificate of approval if the applicant and hospital facilities meet the requirements
24established by the department.
This Except as provided in s. 50.498, this approval
25shall be in effect until, for just cause and in the manner herein prescribed, it is
1suspended or revoked. The certificate of approval may be issued only for the
2premises and persons or governmental unit named in the application and is not
3transferable or assignable.
The Except as provided in s. 50.498, the department may
4not withhold, suspend or revoke approval unless for a substantial failure to comply
5with ss. 50.32 to 50.39 or the rules and standards adopted by the department after
6giving a reasonable notice, a fair hearing and a reasonable opportunity to comply.
7Failure by a hospital to comply with s. 50.36 (3m) shall be considered to be a
8substantial failure to comply under this section.
SB436,133,1611
50.49
(6) (a)
The Except as provided in s. 50.498, the department shall issue
12a home health agency license if the applicant is fit and qualified, and if the home
13health agency meets the requirements established by this section. The department,
14or its designated representatives, shall make such inspections and investigations as
15are necessary to determine the conditions existing in each case and file written
16reports. Each licensee shall annually file a report with the department.
SB436,133,2019
50.49
(6) (b) A home health agency license is valid until suspended or revoked
,
20except as provided in s. 50.498.
SB436, s. 258
21Section
258. 50.49 (10) of the statutes is amended to read:
SB436,134,222
50.49
(10) Provisional licenses. A Except as provided in s. 50.498, a 23provisional license if approved by the department may be issued to any home health
24agency, the facilities of which are in use or needed for patients, but which is
1temporarily unable to conform to all the rules established under this section. A
2provisional license may not be issued for more than one year.
SB436, s. 259
3Section
259. 50.498 of the statutes is created to read:
SB436,134,8
450.498 Denial, nonrenewal and revocation of license, certification or
5registration based on tax delinquency. (1) The department shall require each
6applicant to provide the department with his or her social security number, if the
7applicant is an individual, or the applicant's federal employer identification number,
8if the applicant is not an individual, as a condition of issuing any of the following:
SB436,134,99
(a) A certificate of approval under s. 50.35.
SB436,134,1010
(b) A license under s. 50.49 (6) (a).
SB436,134,1111
(c) A provisional license under s. 50.49 (10).
SB436,134,14
12(2) The department may not disclose any information received under sub. (1)
13to any person except to the department of revenue for the sole purpose of requesting
14certifications under s. 73.0301.
SB436,134,17
15(3) The department shall deny an application for the issuance of a certificate
16of approval, license or provisional license specified in sub. (1) if the applicant does
17not provide the information specified in sub. (1).
SB436,134,22
18(4) The department shall deny an application for the issuance of a certificate
19of approval, license or provisional license specified in sub. (1) or shall revoke a
20certificate of approval, license or provisional license specified in sub. (1), if the
21department of revenue certifies under s. 73.0301 that the applicant for or holder of
22the certificate of approval, license or provisional license is liable for delinquent taxes.
SB436,134,24
23(5) An action taken under sub. (3) or (4) is subject to review only as provided
24under s. 73.0301 (2) (b) and (5).
SB436, s. 260
25Section
260. 50.50 (1m) of the statutes is created to read:
SB436,135,1
150.50
(1m) "Critical access hospital" has the meaning given in s. 50.33 (1g).
SB436, s. 261
2Section
261. 50.50 (3) (a) 6. of the statutes is amended to read:
SB436,135,33
50.50
(3) (a) 6. A
rural primary care
critical access hospital.
SB436, s. 262
4Section
262. 50.50 (6) of the statutes is amended to read:
SB436,135,65
50.50
(6) "Hospital" has the meaning given in s. 50.33 (2) (a) or (b), except that
6"hospital" does not include a
rural primary care
critical access hospital.
SB436, s. 263
7Section
263. 50.50 (12) of the statutes is repealed.
SB436, s. 264
8Section
264. 50.52 (2) (c) 3. of the statutes is amended to read:
SB436,135,99
50.52
(2) (c) 3. Is a
rural primary care critical access hospital.
SB436, s. 265
10Section
265. 50.56 (4) of the statutes is created to read:
SB436,135,1411
50.56
(4) This subchapter may not be construed to limit a health care service
12that is included in a rural medical center from any tax-exempt financing or
13reimbursement, insurance, payment for services or other advantage for which a
14health care service that is not included in a rural medical center is eligible.
SB436, s. 266
15Section
266. 51.032 of the statutes is created to read:
SB436,135,20
1651.032 Denial and revocations of certification or approval based on tax
17delinquency. (1) The department shall require each applicant to provide the
18department with his or her social security number, if the applicant is an individual,
19or the applicant's federal employer identification number, if the applicant is not an
20individual, as a condition of issuing any of the following:
SB436,135,2121
(a) A certification issued under s. 51.038.
SB436,135,2222
(b) A certification issued under s. 51.04.
SB436,135,2323
(c) A certification issued under rules required under s. 51.42 (7) (b) 11.
SB436,135,2424
(d) A certification issued under rules required under s. 51.421 (3) (a).
SB436,135,2525
(e) An approval issued under s. 51.45 (8).
SB436,136,3
1(2) The department may not disclose any information received under sub. (1)
2to any person except to the department of revenue for the sole purpose of requesting
3certifications under s. 73.0301.
SB436,136,6
4(3) The department shall deny an application for the issuance of a certification
5or approval specified in sub. (1) if the applicant does not provide the information
6specified in sub. (1).
SB436,136,10
7(4) The department shall deny an application for the issuance of a certification
8or approval specified in sub. (1) or shall revoke a certification or approval specified
9in sub. (1) if the department of revenue certifies under s. 73.0301 that the applicant
10for or holder of a certification or approval is liable for delinquent taxes.
SB436,136,12
11(5) An action taken under sub. (3) or (4) is subject to review only as provided
12under s. 73.0301 (2) (b) and (5).
SB436, s. 267
13Section
267. 51.038 of the statutes is amended to read:
SB436,136,21
1451.038 Outpatient mental health clinic certification. If Except as
15provided in s. 51.032, if a facility that provides mental health services on an
16outpatient basis holds current accreditation from the council on accreditation of
17services for families and children, the department may accept evidence of this
18accreditation as equivalent to the standards established by the department, for the
19purpose of certifying the facility for the receipt of funds for services provided as a
20benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f., a community aids
21funding recipient under s. 51.423 (2) or as mandated coverage under s. 632.89.
SB436, s. 268
22Section
268. 51.04 of the statutes is amended to read:
SB436,137,3
2351.04 Treatment facility certification.
Any Except as provided in s. 51.032,
24any treatment facility may apply to the department for certification of the facility for
25the receipt of funds for services provided as a benefit to a medical assistance recipient
1under s. 49.46 (2) (b) 6. f. or to a community aids funding recipient under s. 51.423
2(2) or provided as mandated coverage under s. 632.89. The department shall
3annually charge a fee for each certification.
SB436, s. 269
4Section
269. 51.42 (7) (b) 11. (intro.) of the statutes is amended to read:
SB436,137,75
51.42
(7) (b) 11. (intro.) Prescribe requirements for certification of community
6mental health programs,
except as provided in s. 51.032, including all of the
7following: