50.034 (5m) PROVISION OF INFORMATION REQUIRED. Subject to sub. (5p), a residential care apartment complex shall, within the time period after inquiry by a prospective resident that is prescribed by the department by rule, inform the prospective resident of the services of a resource center under s. 46.283, the family care benefit under s. 46.286 and the availability of a functional and financial screen to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).
SECTION 1500. 50.034 (5n) of the statutes is created to read:
50.034 (5n) REQUIRED REFERRAL. Subject to sub. (5p), a residential care apartment complex shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, who is at least 65 years of age or has a physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:
(a) The person has received a screen for functional eligibility under s. 46.286 (1) (a) within the previous 6 months.
(b) The person is entering the residential care apartment complex only for respite care.
(c) The person is an enrollee of a care management organization.
SECTION 1501. 50.034 (5p) of the statutes is created to read:
50.034 (5p) APPLICABILITY. Subsections (5m) and (5n) apply only if the secretary has certified under s. 46.281 (3) that a resource center is available for the residential care apartment complex and for specified groups of eligible individuals that include those person seeking admission to or the residents of the residential care apartment complex.
SECTION 1502. 50.034 (8) of the statutes is created to read:
50.034 (8) FORFEITURES. (a) Whoever violates sub. (5m) or (5n) or rules promulgated under sub. (5m) or (5n) may be required to forfeit not more than $500 for each violation.
(b) The department may directly assess forfeitures provided for under par. (a). If the department determines that a forfeiture should be assessed for a particular violation, it shall send a notice of assessment to the residential care apartment complex. The notice shall specify the amount of the forfeiture assessed, the violation and the statute or rule alleged to have been violated, and shall inform the residential care apartment complex of the right to a hearing under par. (c).
(c) A residential care apartment complex may contest an assessment of a forfeiture by sending, within 10 days after receipt of notice under par. (b), a written request for a hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for a hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent.
(d) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (c), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.
(e) The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews. The only issue to be contested in any such action shall be whether the forfeiture has been paid.
SECTION 1503. 50.035 (4m) of the statutes is created to read:
50.035 (4m) PROVISION OF INFORMATION REQUIRED. Subject to sub. (4p), a community-based residential facility shall, within the time period after inquiry by a prospective resident that is prescribed by the department by rule, inform the prospective resident of the services of a resource center under s. 46.283, the family care benefit under s. 46.286 and the availability of a functional and financial screen to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).
SECTION 1504. 50.035 (4n) of the statutes is created to read:
50.035 (4n) REQUIRED REFERRAL. Subject to sub. (4p), a community-based residential facility shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, who is at least 65 years of age or has a physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:
(a) The person has received a screen for functional eligibility under s. 46.286 (1) (a) within the previous 6 months.
(b) The person is entering the community-based residential facility only for respite care.
(c) The person is an enrollee of a care management organization.
SECTION 1505. 50.035 (4p) of the statutes is created to read:
50.035 (4p) APPLICABILITY. Subsections (4m) and (4n) apply only if the secretary has certified under s. 46.281 (3) that a resource center is available for the community-based residential facility and for specified groups of eligible individuals that include those persons seeking admission to or the residents of the community-based residential facility.
SECTION 1506. 50.035 (7) (c) of the statutes is amended to read:
50.035 (7) (c) If the date estimated under par. (a) 2. is less than 24 months after the date of the individual's statement of financial condition, the community-based residential facility shall provide the statement to the county department under s. 46.215 or 46.22 and shall refer the potential resident to the county department to determine whether an assessment under s. 46.27 (6) should be conducted.
SECTION 1507. 50.035 (8) of the statutes is repealed.
SECTION 1508. 50.035 (11) of the statutes is created to read:
50.035 (11) FORFEITURES. (a) Whoever violates sub. (4m) or (4n) or rules promulgated under sub. (4m) or (4n) may be required to forfeit not more than $500 for each violation.
(b) The department may directly assess forfeitures provided for under par. (a). If the department determines that a forfeiture should be assessed for a particular violation, it shall send a notice of assessment to the community-based residential facility. The notice shall specify the amount of the forfeiture assessed, the violation and the statute or rule alleged to have been violated, and shall inform the licensee of the right to a hearing under par. (c).
(c) A community-based residential facility may contest an assessment of a forfeiture by sending, within 10 days after receipt of notice under par. (b), a written request for a hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for a hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent.
(d) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (c), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.
(e) The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews. The only issue to be contested in any such action shall be whether the forfeiture has been paid.
SECTION 1509. 50.037 (2) (a) of the statutes is amended to read:
50.037 (2) (a) The biennial fee for a community-based residential facility is $170 $323, plus a biennial fee of $22 $41.80 per resident, based on the number of residents that the facility is licensed to serve.
SECTION 1510. 50.04 (2g) of the statutes is created to read:
50.04 (2g) PROVISION OF INFORMATION REQUIRED. (a) Subject to sub. (2i), a nursing home shall, within the time period after inquiry by a prospective resident that is prescribed by the department by rule, inform the prospective resident of the services of a resource center under s. 46.283, the family care benefit under s. 46.286 and the availability of a functional and financial screen to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).
(b) Failure to comply with this subsection is a class "C" violation under sub. (4) (b) 3.
SECTION 1511. 50.04 (2h) of the statutes is created to read:
50.04 (2h) REQUIRED REFERRAL. (a) Subject to sub. (2i), a nursing home shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, who is at least 65 years of age or has developmental disability or physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:
1. The person has received a screen for functional eligibility under s. 46.286 (1) (a) within the previous 6 months.
2. The person is seeking admission to the nursing home only for respite care.
3. The person is an enrollee of a care management organization.
(b) Failure to comply with this subsection is a class "C" violation under sub. (4) (b) 3.
SECTION 1512. 50.04 (2i) of the statutes is created to read:
50.04 (2i) APPLICABILITY. Subsections (2g) and (2h) apply only if the secretary has certified under s. 46.281 (3) that a resource center is available for the nursing home and for specified groups of eligible individuals that include those persons seeking admission to or the residents of the nursing home.
SECTION 1513. 50.04 (2m) of the statutes is renumbered 50.04 (2m) (a) and amended to read:
50.04 (2m) (a) No Except as provided in par. (b), no nursing home may admit any patient until a physician has completed a plan of care for the patient and the patient is assessed or the patient is exempt from or waives assessment under s. 46.27 (6) (a) or 46.271 (2m) (a) 2. Failure to comply with this subsection is a class "C" violation under sub. (4) (b) 3.
SECTION 1514. 50.04 (2m) (b) of the statutes is created to read:
50.04 (2m) (b) Paragraph (a) does not apply to those residents for whom the secretary has certified under s. 46.281 (3) that a resource center is available.
SECTION 1515. 50.06 (7) of the statutes is amended to read:
50.06 (7) (a) An individual who consents to an admission under this section may request that an assessment be conducted for the incapacitated individual under the long-term support community options program under s. 46.27 (6) or, if the secretary has certified under s. 46.281 (3) that a resource center is available for the individual, a functional and financial screen to determine eligibility for the family care benefit under s. 46.286 (1).
SECTION 1516. 50.065 (2) (a) (intro.) of the statutes is amended to read:
50.065 (2) (a) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), if the department knows or should know any of the following, the department may not license, certify, issue a certificate of approval to or register a person to operate an entity or continue the license, certification, certificate of approval or registration of a person to operate an entity if the department knows or should have known any of the following:
SECTION 1517. 50.065 (2) (ag) (intro.) of the statutes is amended to read:
50.065 (2) (ag) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), if an entity knows or should know any of the following, the entity may not hire or contract with a person who will be under the entity's control, as defined by the department by rule, and who is expected to have access to its clients, or provide to clients of the entity direct care that is more intensive than negligible care in quantity or quality or in amount of time required to provide the care; or the entity may not permit to reside at the entity a person who is not a client and who is expected to have access to a client, if the entity knows or should have known any of the following:
SECTION 1518. 50.065 (2) (ag) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, section 2059f, and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:
50.065 (2) (ag) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), if an entity knows or should have known any of the following, the entity may not employ or contract with a person who will be under the entity's control, as defined by the department by rule, and who provides to clients of the entity, or is expected to provide to them, direct care that is more intensive than negligible care in quantity or quality or in the amount of time required to provide the care; or the entity may not permit to reside at the entity a person who is not a client and who has, or is expected to have, access to a client:
SECTION 1519. 50.065 (2) (b) 1. (intro.) of the statutes is amended to read:
50.065 (2) (b) 1. (intro.) Subject to subds. 1. e. and 2. and par. (bd), every entity shall obtain all of the following with respect to a person specified under par. (ag) (intro.) who is an employe or contractor or a prospective employe or contractor of the entity:
SECTION 1520. 50.065 (2) (b) 2. of the statutes is repealed.
SECTION 1521. 50.065 (6) (am) 1. of the statutes is amended to read:
50.065 (6) (am) 1. A person who is an employe, prospective employe, contractor or prospective contractor of the entity, who will be under the entity's control and who has, or is expected to have, access to its clients, other than a person specified in sub. (2) (b) 2 provides to clients of the entity, or is expected to provide to them, direct care that is more intensive than negligible care in quantity or quality or in the amount of time required to provide the care.
SECTION 1522. 50.065 (8) of the statutes is amended to read:
50.065 (8) The department may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a). The fee or for providing information to an entity to enable the entity to comply with sub. (2) (b) 1. or (3) (b). The department may also charge a fee to a person who requests to demonstrate to the department under sub. (5) that he or she has been rehabilitated. Fees charged under this subsection may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining the information if to do so would be inconsistent with federal law.
SECTION 1523. 50.135 (1) of the statutes is amended to read:
50.135 (1) DEFINITION. In this section, "inpatient health care facility" means any hospital, nursing home, county home, county mental hospital, tuberculosis sanatorium or other place licensed or approved by the department under ss. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, and 51.09, 58.06, 252.073 and 252.076, but does not include community-based residential facilities.
SECTION 1524. 50.135 (2) (c) of the statutes is amended to read:
50.135 (2) (c) The fees collected under par. (a) shall be credited to the appropriations under s. 20.435 (1) (4) (gm) and (6) (jm) as specified in those appropriations for licensing, review and certifying activities.
SECTION 1525. 50.36 (2) (c) of the statutes is created to read:
50.36 (2) (c) The department shall promulgate rules that require that a hospital, before discharging a patient who is aged 65 or older or who has developmental disability or physical disability and whose disability or condition requires long-term care that is expected to last at least 90 days, refer the patient to the resource center under s. 46.283. The rules shall specify that this requirement applies only if the secretary has certified under s. 46.281 (3) that a resource center is available for the hospital and for specified groups of eligible individuals that include persons seeking admission to or patients of the hospital.
SECTION 1526. 50.38 of the statutes is created to read:
50.38 Forfeitures. (1) Whoever violates rules promulgated under s. 50.36 (2) (c) may be required to forfeit not more than $500 for each violation.
(2) The department may directly assess forfeitures provided for under sub. (1). If the department determines that a forfeiture should be assessed for a particular violation, the department shall send a notice of assessment to the hospital. The notice shall specify the amount of the forfeiture assessed, the violation and the statute or rule alleged to have been violated, and shall inform the hospital of the right to a hearing under sub. (3).
(3) A hospital may contest an assessment of a forfeiture by sending, within 10 days after receipt of notice under sub. (2), a written request for a hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for a hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent.
(4) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under sub. (3), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.
(5) The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews. The only issue to be contested in any such action shall be whether the forfeiture has been paid.
SECTION 1527. 50.39 (2) of the statutes is amended to read:
50.39 (2) The use of the title "hospital" to represent or identify any facility which does not meet the definition of a "hospital" as provided herein or is not subject to approval under ss. 50.32 to 50.39 is prohibited, except that institutions governed by ss. s. 51.09 and 252.073 are exempt.
SECTION 1528. 50.39 (3) of the statutes is amended to read:
50.39 (3) Facilities governed by ss. 45.365, 48.62, 49.70, 49.72, 50.02, 51.09, 58.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s. 938.02 (15m), correctional institutions governed by the department of corrections under s. 301.02 and the offices and clinics of persons licensed to treat the sick under chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physical therapists affiliated credentialing board, podiatrists affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board and board of nursing in carrying out their statutory duties and responsibilities.
SECTION 1529. 50.49 (2) (b) of the statutes is amended to read:
50.49 (2) (b) The department shall, by rule, set a license fee to be paid by home health agencies. The fee shall be based on the annual net income, as determined by the department, of a home health agency.
SECTION 1530. 50.49 (4) of the statutes is amended to read:
50.49 (4) LICENSING, INSPECTION AND REGULATION. The Except as provided in sub. (6m), the department may register, license, inspect and regulate home health agencies as provided in this section. The department shall ensure, in its inspections of home health agencies, that a sampling of records from private pay patients are reviewed. The department shall select the patients who shall receive home visits as a part of the inspection. Results of the inspections shall be made available to the public at each of the regional offices of the department.
SECTION 1531. 50.49 (6m) of the statutes is created to read:
50.49 (6m) EXCEPTIONS. None of the following is required to be licensed as a home health agency under sub. (4), regardless of whether any of the following provides services that are similar to services provided by a home health agency:
(a) A care management organization, as defined in s. 46.2805 (1).
(b) A program specified in s. 46.2805 (1) (a).
(c) A demonstration program specified in s. 46.2805 (1) (b).
