Amendment ASA1-AB75

AB75-ASA1, s. 1383 Section 1383. 50.01 (1) (a) 1. of the statutes is amended to read:

AB75-ASA1,643,7 50.01 (1) (a) 1. Care and maintenance above the level of room and board but not including nursing care are provided in the private residence by the care provider whose primary domicile is this residence for 3 or 4 adults, or more adults if all of the adults are siblings, each of whom has a developmental disability, as defined in s. 51.01 (5), or, if the residence is licensed as a foster home, care and maintenance are provided to children, the combined total of adults and children so served being no more than 4, or more adults or children if all of the adults or all of the children are siblings, or, if the residence is licensed as a treatment foster home, care and maintenance are provided to children, the combined total of adults and children so served being no more than 4.

AB75-ASA1, s. 1384 Section 1384. 50.01 (1) (a) 2. of the statutes is amended to read:

AB75-ASA1,643,11 50.01 (1) (a) 2. The private residence was licensed under s. 48.62 as a foster home or treatment foster home for the care of the adults specified in subd. 1. at least 12 months before any of the adults attained 18 years of age.

AB75-ASA1, s. 1385 Section 1385. 50.01 (1) (b) of the statutes is amended to read:

AB75-ASA1,643,17 50.01 (1) (b) A place where 3 or 4 adults who are not related to the operator reside and receive care, treatment or services that are above the level of room and board and that may include up to 7 hours per week of nursing care per resident. "Adult family home" does not include a place that is specified in sub. (1g) (a) to (d), (f) or (g).

AB75-ASA1, s. 1386 Section 1386. 50.01 (1) (c) of the statutes is created to read:

AB75-ASA1,643,20 50.01 (1) (c) A place in which the operator provides care, treatment, support, or service above the level of room and board to up to 2 adults.

AB75-ASA1, s. 1387 Section 1387. 50.02 (1) of the statutes is amended to read:

AB75-ASA1,644,10 50.02 (1) Departmental authority. The department may provide uniform, statewide licensing, inspection, and regulation of community-based residential facilities and nursing homes as provided in this subchapter. The department shall certify, inspect, and otherwise regulate adult family homes, as specified under s. ss. 50.031 and 50.032 and shall license adult family homes, as specified under s. 50.033. Nothing in this subchapter may be construed to limit the authority of the department of commerce or of municipalities to set standards of building safety and hygiene, but any local orders of municipalities shall be consistent with uniform, statewide regulation of community-based residential facilities. The department may not prohibit any nursing home from distributing over-the-counter drugs from bulk supply. The department may consult with nursing homes as needed and may provide specialized consultations when requested by any nursing home, separate from its inspection process, to scrutinize any particular questions the nursing home raises. The department shall, by rule, define "specialized consultation".

AB75-ASA1, s. 1389 Section 1389. 50.03 (5g) (cm) of the statutes is created to read:

AB75-ASA1,644,18 50.03 (5g) (cm) If the department imposes a sanction on or takes other enforcement action against a community-based residential facility for a violation of this subchapter or rules promulgated under it, and the department subsequently conducts an on-site inspection of the community-based residential facility to review the community-based residential facility's action to correct the violation, the department may impose a $200 inspection fee on the community-based residential facility.

AB75-ASA1, s. 1390 Section 1390. 50.031 of the statutes is created to read:

AB75-ASA1,644,22 50.031 Certification of 1-bed and 2-bed adult family homes. (1) Definition. In this section, "adult family home" has the meaning given in s. 50.01 (1) (c).

AB75-ASA1,645,6 (2) Certification. (a) After the date on which the family care benefit under s. 46.286 is first made available in a county, no person may operate an adult family home in that county that provides residential care to a recipient of supplemental security income under 42 USC 1381 to 1383c, a recipient of the family care benefit under s. 46.286, or a recipient of services under s. 46.27 (11), 46.275, 46.277, 46.278, or 46.2785, or under any other program operated under a waiver authorized by the secretary at the U.S. department of health and human services under 42 USC 1396n (b) or (c), unless the adult family home is certified by the department under par. (b) or (c).

AB75-ASA1,645,8 (b) The department shall certify an adult family home upon determining that the adult family home satisfies standards established under sub. (3).

AB75-ASA1,645,12 (c) The department shall certify an adult family home that was certified to receive payment for residential care under s. 46.27 (11), 46.275, 46.277, 46.278, or 46.2785 by a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 if the operator of the adult family home attests to all of the following:

AB75-ASA1,645,14 1. That the adult family home was certified by the county department and is at the same location as when certified by the county department.

AB75-ASA1,645,15 2. That the adult family home satisfies standards established under sub. (3).

AB75-ASA1,645,17 (d) Certification under par. (b) or (c) shall be valid until revoked by the department.

AB75-ASA1,645,19 (3) Standards. The department shall establish standards for certification under this section.

AB75-ASA1,645,22 (4) Investigation. The department may investigate complaints that an adult family home certified under this section violated a standard for certification under sub. (3).

AB75-ASA1,645,25 (5) Revocation. The department may revoke the certification of an adult family home that is certified under this section if the adult family home violates a standard established under sub. (3).

AB75-ASA1,646,2 (6) Fee. The department may charge a fee for certification under sub. (2) (a) and a fee for a certification under sub. (2) (b).

AB75-ASA1, s. 1391 Section 1391. 50.032 (2) of the statutes is amended to read:

AB75-ASA1,646,9 50.032 (2) Regulation. Standards Except as provided in sub. (2d), standards for operation of certified adult family homes and procedures for application for certification, monitoring, inspection, decertification and appeal of decertification under this section shall be under rules promulgated by the department under s. 50.02 (2) (am) 1. An adult family home certification is valid until decertified under this section. Certification is not transferable.

AB75-ASA1, s. 1392 Section 1392. 50.032 (2d) of the statutes is created to read:

AB75-ASA1,646,14 50.032 (2d) Accompaniment or visitation. If an adult family home has a policy on who may accompany or visit a patient, the adult family home shall extend the same right of accompaniment or visitation to a patient's domestic partner under ch.770 as is accorded the spouse of a patient under the policy.

AB75-ASA1, s. 1393 Section 1393. 50.033 (2) of the statutes is amended to read:

AB75-ASA1,647,2 50.033 (2) Regulation. Standards Except as provided in sub. (2d), standards for operation of licensed adult family homes and procedures for application for licensure, monitoring, inspection, revocation and appeal of revocation under this section shall be under rules promulgated by the department under s. 50.02 (2) (am) 2. An adult family home licensure is valid until revoked under this section. Licensure is not transferable. The biennial licensure fee for a licensed adult family home is $135 $171, except that the department may, by rule, increase the amount of the fee. The fee is payable to the county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, if the county department licenses the adult family home under sub. (1m) (b), and is payable to the department, on a schedule determined by the department if the department licenses the adult family home under sub. (1m) (b).

AB75-ASA1, s. 1394 Section 1394. 50.033 (2d) of the statutes is created to read:

AB75-ASA1,647,7 50.033 (2d) Accompaniment or visitation. If an adult family home has a policy on who may accompany or visit a patient, the adult family home shall extend the same right of accompaniment or visitation to a patient's domestic partner under ch. 770 as is accorded the spouse of a patient under the policy.

AB75-ASA1, s. 1395 Section 1395. 50.033 (3) of the statutes is amended to read:

AB75-ASA1,647,25 50.033 (3) Investigation of alleged violations. If the department or a licensing county department under sub. (1m) (b) is advised or has reason to believe that any person is violating this section or the rules promulgated under s. 50.02 (2) (am) 2., the department or the licensing county department shall make an investigation to determine the facts. For the purposes of this investigation, the department or the licensing county department may inspect the premises where the violation is alleged to occur. If the department or the licensing county department finds that the requirements of this section and of rules under s. 50.02 (2) (am) 2. are met, the department or the licensing county department may, if the premises are not licensed, license the premises under this section. If the department or the licensing county department finds that a person is violating this section or the rules under s. 50.02 (2) (am) 2., the department or the licensing county department may institute an action under sub. (5). If the department takes enforcement action against an adult family home for violating this section or rules promulgated under s. 50.02 (2) (am) 2., and the department subsequently conducts an on-site inspection of the adult family home to review the adult family home's action to correct the violation, the department may impose a $200 inspection fee on the adult family home.

AB75-ASA1, s. 1396 Section 1396. 50.034 (3) (e) of the statutes is created to read:

AB75-ASA1,648,5 50.034 (3) (e) If a residential care apartment complex has a policy on who may accompany or visit a patient, the residential care apartment complex shall extend the same right of accompaniment or visitation to a patient's domestic partner under ch. 770 as is accorded the spouse of a patient under the policy.

AB75-ASA1, s. 1397 Section 1397. 50.034 (5t) of the statutes is created to read:

AB75-ASA1,648,11 50.034 (5t) Notice of Long-Term Care Ombudsman Program. A residential care complex shall post in a conspicuous location in the residential care apartment complex a notice, provided by the board on aging and long-term care, of the name, address, and telephone number of the Long-Term Care Ombudsman Program under s. 16.009 (2) (b).

AB75-ASA1, s. 1398 Section 1398. 50.034 (10) of the statutes is created to read:

AB75-ASA1,648,18 50.034 (10) Inspection fee. If the department takes enforcement action against a residential care apartment complex for a violation of this section or rules promulgated under sub. (2), and the department subsequently conducts an on-site inspection of the residential care apartment complex to review the residential care apartment complex's action to correct the violation, the department may impose a $200 inspection fee on the residential care apartment complex.

AB75-ASA1, s. 1399 Section 1399. 50.035 (2d) of the statutes is created to read:

AB75-ASA1,648,24 50.035 (2d) Accompaniment or visitation. If a community-based residential facility has a policy on who may accompany or visit a patient, the community-based residential facility shall extend the same right of accompaniment or visitation to a patient's domestic partner under ch. 770 as is accorded the spouse of a patient under the policy.

AB75-ASA1, s. 1400 Section 1400. 50.037 (2) (a) of the statutes is renumbered 50.037 (2) (a) 1. and amended to read:

AB75-ASA1,649,6 50.037 (2) (a) 1. The Except as provided in subd. 2., the biennial fee for a community-based residential facility is $306 $389, plus a biennial fee of $39.60 $50.25 per resident, based on the number of residents that the facility is licensed to serve.

AB75-ASA1, s. 1401 Section 1401. 50.037 (2) (a) 2. of the statutes is created to read:

AB75-ASA1,649,9 50.037 (2) (a) 2. The department may, by rule, increase the amount of the fee under subd. 1.

AB75-ASA1, s. 1402 Section 1402. 50.04 (2d) of the statutes is created to read:

AB75-ASA1,649,14 50.04 (2d) Accompaniment or visitation. If a nursing home has a policy on who may accompany or visit a patient, the nursing home shall extend the same right of accompaniment or visitation to a patient's domestic partner under ch. 770 as is accorded the spouse of a patient under the policy.

AB75-ASA1, s. 1403 Section 1403. 50.04 (4) (dm) of the statutes is created to read:

AB75-ASA1,649,23 50.04 (4) (dm) Inspection fee. If the department takes enforcement action against a nursing home, including an intermediate care facility for the mentally retarded, as defined in 42 USC 1396d (d), for a violation of this subchapter or rules promulgated under it or for a violation of a requirement under 42 USC 1396r, and the department subsequently conducts an on-site inspection of the nursing home to review the nursing home's action to correct the violation, the department may, unless the nursing home is operated by the state, impose a $200 inspection fee on the nursing home.

AB75-ASA1, s. 1411 Section 1411. 50.06 (2) (am) 2. b. of the statutes is amended to read:

AB75-ASA1,650,2 50.06 (2) (am) 2. b. The individual who is consenting to the proposed admission is the spouse or domestic partner under ch. 770 of the incapacitated person.

AB75-ASA1, s. 1412 Section 1412. 50.06 (3) (a) of the statutes is amended to read:

AB75-ASA1,650,5 50.06 (3) (a) The spouse or domestic partner under ch. 770 of the incapacitated individual.

AB75-ASA1, s. 1413 Section 1413. 50.065 (1) (c) 2. of the statutes is repealed.

AB75-ASA1, s. 1416 Section 1416. 50.09 (1) (f) 1. of the statutes is amended to read:

AB75-ASA1,650,12 50.09 (1) (f) 1. Privacy for visits by spouse or domestic partner. If both spouses or both domestic partners under ch.770 are residents of the same facility, they the spouses or domestic partners shall be permitted to share a room unless medically contraindicated as documented by the resident's physician or advanced practice nurse prescriber in the resident's medical record.

AB75-ASA1, s. 1417 Section 1417. 50.14 (2) (am) of the statutes is amended to read:

AB75-ASA1,650,16 50.14 (2) (am) For nursing homes, an amount not to exceed $75 $150 in state fiscal year 2009-10, and, beginning in state fiscal year 2010-11, an amount not to exceed $170.

AB75-ASA1, s. 1417r Section 1417r. 50.35 of the statutes, as affected by 2009 Wisconsin Act 2, is amended to read:

AB75-ASA1,651,15 50.35 Application and approval. Application for approval to maintain a hospital shall be made to the department on forms provided by the department. On receipt of an application, the department shall, except as provided in s. 50.498, issue a certificate of approval if the applicant and hospital facilities meet the requirements established by the department. The department shall issue a single certificate of approval for the University of Wisconsin Hospitals and Clinics Authority that applies to all of the Authority's inpatient and outpatient hospital facilities that meet the requirements established by the department and for which the Authority requests approval. For a free-standing pediatric teaching hospital, the department shall issue a single certificate of approval that applies to all of the hospital's inpatient and outpatient hospital facilities that meet the requirements established by the department and for which the hospital requests approval. Except as provided in s. 50.498, this approval shall be in effect until, for just cause and in the manner herein prescribed, it is suspended or revoked. The certificate of approval may be issued only for the premises and persons or governmental unit named in the application and is not transferable or assignable. The department shall withhold, suspend or revoke approval for a failure to comply with s. 165.40 (6) (a) 1. or 2., but, except as provided in s. 50.498, otherwise may not withhold, suspend or revoke approval unless for a substantial failure to comply with ss. 50.32 to 50.39 or the rules and standards adopted by the department after giving a reasonable notice, a fair hearing and a reasonable opportunity to comply. Failure by a hospital to comply with s. 50.36 (3m) shall be considered to be a substantial failure to comply under this section.

AB75-ASA1, s. 1418 Section 1418. 50.36 (3j) of the statutes is created to read:

AB75-ASA1,651,19 50.36 (3j) If a hospital has a policy on who may accompany or visit a patient, the hospital shall extend the same right of accompaniment or visitation to a patient's domestic partner under ch. 770 as is accorded the spouse of a patient under the policy.

AB75-ASA1, s. 1419 Section 1419. 50.36 (4) of the statutes is amended to read:

AB75-ASA1,652,5 50.36 (4) The department shall make or cause to be made such inspections and investigation, as are reasonably deemed necessary to obtain compliance with the rules and standards. It shall afford an opportunity for representatives of the hospitals to consult with members of the staff of the department concerning compliance and noncompliance with rules and standards. If the department takes enforcement action against a hospital for a violation of ss. 50.32 to 50.39, or rules promulgated or standards adopted under ss. 50.32 to 50.39, and the department subsequently conducts an on-site inspection of the hospital to review the hospital's action to correct the violation, the department may, unless the hospital is operated by the state, impose a $200 inspection fee on the hospital.

AB75-ASA1, s. 1419c Section 1419c. 50.36 (6) of the statutes is created to read:

AB75-ASA1,652,10 50.36 (6) If the department receives a credible complaint that a pharmacy located in a hospital has violated its duty to dispense contraceptive drugs and devices under s. 450.095 (2), the department shall refer the complaint to the department of regulation and licensing.

AB75-ASA1, s. 1420 Section 1420. 50.49 (4) of the statutes is amended to read:

AB75-ASA1,652,23 50.49 (4) Licensing, inspection and regulation. 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. If the department takes enforcement action against a home health agency for a violation of this section or rules promulgated under this section, and the department subsequently conducts an on-site inspection of the home health agency to review the home health agency's action to correct the violation, the department may impose a $200 inspection fee on the home health agency.

AB75-ASA1, s. 1421 Section 1421. 50.93 (5) of the statutes is created to read:

AB75-ASA1,653,5 50.93 (5) Inspection fee. If the department takes enforcement action against a hospice for a violation of this subchapter or rules promulgated under this subchapter, and the department subsequently conducts an on-site inspection of the hospice to review the hospice's action to correct the violation, the department may impose a $200 inspection fee on the hospice.

AB75-ASA1, s. 1422 Section 1422. 50.94 (3) (a) of the statutes is amended to read:

AB75-ASA1,653,8 50.94 (3) (a) The spouse or domestic partner under ch. 770 of the person who is incapacitated.

AB75-ASA1, s. 1423 Section 1423. 50.942 of the statutes is created to read:

AB75-ASA1,653,13 50.942 Accompaniment or visitation. If a hospice has a policy on who may accompany or visit a patient, the hospice shall extend the same right of accompaniment or visitation to a patient's domestic partner under ch. 770 as is accorded the spouse of a patient under the policy.

AB75-ASA1, s. 1424 Section 1424. 50.95 (1) of the statutes is amended to read:

AB75-ASA1,653,24 50.95 (1) Standards Except as provided in s. 50.942, standards for the care, treatment, health, safety, rights, welfare and comfort of individuals with terminal illness, their families and other individuals who receive palliative care or supportive care from a hospice and the maintenance, general hygiene and operation of a hospice, which will permit the use of advancing knowledge to promote safe and adequate care and treatment for these individuals. These standards shall permit provision of services directly, as required under 42 CFR 418.56, or by contract under which overall coordination of hospice services is maintained by hospice staff members and the hospice retains the responsibility for planning and coordination of hospice services and care on behalf of a hospice client and his or her family, if any.

AB75-ASA1, s. 1424g Section 1424g. 51.01 (11m) of the statutes is created to read:

AB75-ASA1,654,2 51.01 (11m) "Licensed mental health professional" has the meaning given in s. 632.89 (1) (dm).

AB75-ASA1, s. 1424m Section 1424m. 51.06 (9) of the statutes is created to read:

AB75-ASA1,654,8 51.06 (9) Report on relocations from southern center. Annually by October 1, the department shall submit to the members of the joint committee on finance a report on the status of individuals relocated from the southern center for the developmentally disabled to a community setting after the effective date of this subsection .... [LRB inserts date], that includes all of the following:

AB75-ASA1,654,14 (a) An assessment of the impact that relocation has had on the health of individuals relocated in the previous 3 state fiscal years. Factors that the department may use to assess an individual's health status include an individual's weight, changes in medications, preventable hospitalizations and emergency room visits, incidence of chronic disease, and changes in performance of activities of daily living.

AB75-ASA1,654,16 (b) A list of each setting in which each individual has lived in the previous 3 state fiscal years.

AB75-ASA1,654,18 (c) Information on the involvement that guardians or family members of the individuals have had with the individuals in the previous state fiscal year.

AB75-ASA1,654,20 (d) The cause of death for each individual who died in the previous state fiscal year.

AB75-ASA1, s. 1424p Section 1424p. 51.06 (10) of the statutes is created to read:

AB75-ASA1,655,3 51.06 (10) Relocations from southern center. (a) The department shall create a form on which a resident of the southern center for the developmentally disabled, or the resident's guardian, may indicate a preference for where the resident would like to live. The department shall make the form available to all residents of the southern center for the developmentally disabled and to their guardians. The department shall maintain the completed form with the resident's treatment records.