AB842: Bill Text

AB842,8,17 3. (intro.) A class "C" violation may be subject to a forfeiture of not more than $60 and a penalty assessment of not more than $500. No forfeiture or penalty assessment may be assessed imposed for a class "C" violation unless at least one of the following applies:

AB842, s. 15 Section 15. 50.04 (5) (a) 4. of the statutes is amended to read:

AB842,9,2 50.04 (5) (a) 4. Notwithstanding subds. 1., 2. and 3., if the violation or group of violations results from inadequate staffing, the combined amount of the forfeiture and penalty assessment that the department may assess impose shall be no less than the difference between the cost of the staff actually employed and the estimated cost of the staff required. The number of staff required shall be determined by the provider contract, the court order, or the department, by rule, whichever is greatest. The inadequate staff shall be presumed to exist from the date of the notice of violation.

AB842, s. 16 Section 16. 50.04 (5) (a) 5. a., b. and d. of the statutes are amended to read:

AB842,9,9 50.04 (5) (a) 5. a. A nursing home that violates a statute or rule resulting in a class "A" violation and that has received a notice of violation for a class "A" "A" violation within the previous 3-year period involving the same situation shall be subject to a forfeiture 3 times the forfeiture amount authorized for a class "A" violation and a penalty assessment 3 times the penalty assessment amount authorized for a class "A" violation.

AB842,9,15 b. Except as provided in subd. 5. a., a nursing home that violates a statute or rule resulting in a class "A" or class "B" violation and that has received a notice of a class "A" or class "B" violation of the same statute or rule within the previous 3-year period may be subject to a forfeiture 3 times the forfeiture amount authorized for the most recent class of violation involved and a penalty assessment 3 times the penalty assessment amount authorized for the most recent class of violation involved.

AB842,9,22 d. The forfeiture amount and penalty assessment amounts that is are tripled under this subdivision shall be the amount assessed forfeiture and penalty assessment amounts imposed after all appeals have been exhausted. If an assessment imposition of a forfeiture and penalty assessment is not contested and the forfeiture is and penalty assessment are paid as provided in par. (fm), the forfeiture amount and penalty assessment amounts that is are tripled is are the amount assessed amounts imposed after the reduction specified in par. (fm).

AB842, s. 17 Section 17. 50.04 (5) (a) 5m. of the statutes is repealed

AB842, s. 18 Section 18. 50.04 (5) (a) 6. of the statutes is renumbered 50.04 (5) (a) 6. (intro.) and amended to read:

AB842,10,5 50.04 (5) (a) 6. (intro.) If a licensee fails to correct a violation within the time specified in the notice of violation or approved plan of correction, or within the extended correction time granted under sub. (4) (c) 4., or if a violation continues after a report of correction, the department may assess upon the licensee a for each day of the continuing violation whichever of the following is applicable:

AB842,10,8 a. A separate forfeiture of not more than $10,000 $250 and a separate penalty assessment of not more than $10,000 for a class "A" violations, and may assess a violation.

AB842,10,11 b. A separate forfeiture of not more than $5,000 $125 and a separate penalty assessment of not more than $5,000 for a class "B" violations, for each day of continuing violation.

AB842, s. 19 Section 19. 50.04 (5) (b) (intro.) of the statutes is amended to read:

AB842,10,17 50.04 (5) (b) Factors in assessment imposition of forfeitures and penalty assessments. (intro.) In determining whether to impose a forfeiture is to be imposed and penalty assessment for a violation and in fixing the amount of the forfeiture to be imposed penalty assessment, if any, for a violation, the following factors shall be considered:

AB842, s. 20 Section 20. 50.04 (5) (c) of the statutes is amended to read:

AB842,11,5 50.04 (5) (c) Assessment Imposition of forfeitures and penalty assessments; powers and duties of department. The department may directly assess impose forfeitures and penalty assessments provided for under par. (a). If the department determines that a forfeiture and penalty assessment should be assessed imposed for a particular violation or for failure to correct it, it the department shall send a notice of assessment imposition of forfeiture and penalty assessment to the nursing home. The notice shall specify the amount amounts of the forfeiture assessed and penalty assessment imposed, the violation, and the statute or rule alleged to have been violated, and shall inform the licensee of the right to hearing under par. (e). If the department does not issue a notice of forfeiture and penalty assessment within 120 days after the date on which a nursing home receives the notice of a violation, the department may not impose a forfeiture or penalty assessment for the violation.

AB842, s. 21 Section 21. 50.04 (5) (d) (title) of the statutes is amended to read:

AB842,11,7 50.04 (5) (d) (title) Forfeiture and penalty assessment period.

AB842, s. 22 Section 22. 50.04 (5) (d) 1. of the statutes is amended to read:

AB842,11,18 50.04 (5) (d) 1. In the case of a class "B" violation, no forfeiture or penalty assessment may be assessed imposed for the violation from the day following the date of discovery until the date of notification. If the department fails to approve or reject a plan of correction within 15 days after its receipt of a complete plan, no forfeiture or penalty assessment may be imposed for the period beginning with the 15th day after receipt and ending when notice of approval or rejection is received by the home. If a plan of correction is approved and carried out, no forfeiture or penalty assessment may be assessed imposed during the time period specified in the approved plan of correction, commencing on the day the plan of correction is received by the department.

AB842, s. 23 Section 23. 50.04 (5) (d) 2. (intro.) of the statutes is amended to read:

AB842,11,22 50.04 (5) (d) 2. (intro.) In the case of a class "C" violation for which a notice of violation has been served, a forfeiture and penalty assessment may be assessed imposed for whichever of the following periods is applicable:

AB842, s. 24 Section 24. 50.04 (5) (dm) (intro.) of the statutes is amended to read:

AB842,12,3 50.04 (5) (dm) (intro.) Forfeiture and penalty assessment imposition date. In the case of a class "B" violation, the department may not assess impose a forfeiture or a penalty assessment upon a nursing home until:

AB842, s. 25 Section 25. 50.04 (5) (e) of the statutes is amended to read:

AB842,12,24 50.04 (5) (e) Forfeiture and penalty assessment appeal hearing. A nursing home may contest an assessment imposition of a forfeiture and penalty assessment by sending, within 10 60 days after receipt of notice of a contested action the imposition of the forfeiture and penalty assessment, a written request for 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 of receipt of the request for 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. If, after receipt of notice of imposition of a forfeiture and penalty assessment, a nursing home that has timely requested a hearing under sub. (4) (e) on the notice of violation under sub. (4) for which the forfeiture and penalty assessment were imposed requests a hearing under this paragraph on the imposition of the forfeiture and penalty assessment, the hearing on the notice of violation under sub. (4) and the hearing on the imposition of the forfeiture and penalty assessment shall be consolidated.

AB842, s. 26 Section 26. 50.04 (5) (f) of the statutes, as affected by 2003 Wisconsin Act 33, is amended to read:

AB842,13,12 50.04 (5) (f) Forfeitures and penalty assessments paid within 10 60 days. All forfeitures and penalty assessments shall be paid to the department within 10 60 days of receipt of notice of assessment imposition of the forfeiture and penalty assessment or, if the forfeiture or penalty assessment is contested under par. (e), within 10 60 days of receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order under s. 50.03 (11). The department shall remit all forfeitures paid to the secretary of administration for deposit in the school fund. All moneys collected as penalty assessments under this subsection shall be credited to the appropriation account under s. 20.435 (6) (ge).

AB842, s. 27 Section 27. 50.04 (5) (fm) of the statutes is amended to read:

AB842,13,21 50.04 (5) (fm) Forfeiture and penalty assessment reduction for timely payment. If a nursing home does not contest a notice of violation under sub. (4) (e) and does not contest an assessment imposition of a forfeiture and penalty assessment under par. (e) for a class "A" or class "B" violation and pays the forfeiture and penalty assessment to the department within 10 60 days after receipt of the notice of assessment imposition of the forfeiture and penalty assessment, the department shall reduce the amount of the assessment forfeiture and penalty assessment by 35% 35 percent.

AB842, s. 28 Section 28. 50.04 (5) (fr) of the statutes is amended to read:

AB842,14,5 50.04 (5) (fr) Report to the legislature. Annually, the department shall submit a report to the legislature under s. 13.172 (2) that specifies for the previous year the number of class "A" violations, the amount amounts of the forfeiture assessment and penalty assessment imposed for each of those violations and, if known, the amount amounts of the forfeiture and penalty assessment actually paid and collected with respect to those violations. The report shall also include an explanation for any assessment that was imposition of a forfeiture and penalty assessment that totaled less than $2,500 for the violations specified in the report.

AB842, s. 29 Section 29. 50.04 (5) (g) of the statutes is amended to read:

AB842,14,12 50.04 (5) (g) Enforcement by attorney general. The attorney general may bring an action in the name of the state to collect any forfeiture or penalty assessment imposed under this section if the forfeiture or penalty assessment 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 or penalty assessment has been paid.

AB842, s. 30 Section 30. 50.04 (6) (a) of the statutes is repealed and recreated to read:

AB842,14,17 50.04 (6) (a) Power of department. 1. In addition to the right to impose forfeitures and penalty assessments under sub. (5), the department may issue a conditional license to any nursing home if the department finds that any of the following is true:

AB842,14,19 a. A class "A" or class "B" violation, as defined in sub. (4), continues to exist in the nursing home.

AB842,14,22 b. A federal violation continues to exist that constitutes immediate jeopardy, high risk of death, substantial harm, or actual harm not involving immediate jeopardy to a resident, or that directly threatens a resident.

AB842,14,24 2. The issuance of a conditional license shall revoke any outstanding license held by the nursing home.

AB842,15,2 3. The nursing home may seek review of a decision to issue a conditional license as provided in s. 50.03 (5).

AB842, s. 31 Section 31. 50.15 of the statutes is created to read:

AB842,15,8 50.15 Nursing home improvement grants. From the appropriation account under s. 20.435 (6) (ge), the department shall make grants to nursing homes to fund quality-of-care improvement projects. The department shall promulgate rules that specify the eligibility criteria and application procedures for receipt of a grant under this section.

AB842, s. 32 Section 32. Nonstatutory provisions.

AB842,15,14 (1) Nursing home improvement grants. The department of health and family services shall submit in proposed form the rules required under section 50.15 of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 13th month beginning after the effective date of this subsection.

AB842, s. 33 Section 33. Initial applicability.

AB842,15,19 (1) Hearing requests. The treatment of section 50.04 (4) (e) 1. and (5) (e) of the statutes first applies to requests for hearings related to a notice of violation, a report notation, a plan correction, or a rejection of a plan correction that is issued on the effective date of this subsection.

AB842,15,22 (2) Conditional licensure. The treatment of sections 50.01 (1k), (1nd), and (1ng) and 50.04 (6) (a) of the statutes first applies to violations that continue to exist on the effective date of this subsection.

AB842,15,25 (3) Suspension of admissions. The treatment of sections 50.01 (1k), (1nd), and (1ng) and 50.04 (4) (d) 1. a. and b. and (d) 2. of the statutes first applies to written notice of violations received on the effective date of this subsection.

AB842,16,3 (4) Suspension or revocation of licensure. The treatment of section 50.03 (5) (a) of the statutes first applies to findings made by the department of health and family services on the effective date of this subsection.

AB842,16,4 (End)