SECTION 3. 50.037 (2) (a) of the statutes is renumbered 50.037 (2) (a) 1. and amended to read:
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.
SECTION 4. 50.037 (2) (a) 2. of the statutes is created to read:
50.037 (2) (a) 2. The department may, by rule, increase the amount of the fee under subd. 1.
(End)
LRB-0396LRB-0396/2
RLR:bjk:md
2009 - 2010 LEGISLATURE
DOA:......Palchik, BB0081 - Fee for follow-up inspections of health care and long-term care facilities and providers
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Other health and human services
Under current law, DHS regulates a variety of health care and long-term care facilities and providers. DHS may inspect these facilities and providers and take enforcement action against them. This bill authorizes DHS to assess a $200 fee against certain facilities and providers if DHS takes enforcement action against the facility or provider and subsequently conducts an on-site inspection to review the facility's or provider's action to correct the violation. Under the bill, DHS may assess the $200 inspection fee against a hospital, nursing home, community-based residential facility, residential care apartment complex, adult family home, hospice, home health agency, and adult day care center.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 49.45 (47) (e) of the statutes is created to read:
49.45 (47) (e) If the department takes enforcement action against an adult day care center for violating a certification requirement established under s. 49.45 (2) (a) 11., and the department subsequently conducts an on-site inspection of the adult day care center to review the adult day care center's action to correct the violation, the department may impose a $200 inspection fee on the adult day care center.
SECTION 2. 50.03 (5g) (cm) of the statutes is created to read:
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.
SECTION 3. 50.033 (3) of the statutes is amended to read:
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.
SECTION 4. 50.034 (10) of the statutes is created to read:
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.
SECTION 5. 50.04 (4) (dm) of the statutes is created to read:
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.
SECTION 6. 50.36 (4) of the statutes is amended to read:
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.
SECTION 7. 50.49 (4) of the statutes is amended to read:
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.
SECTION 8. 50.93 (5) of the statutes is created to read:
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.
SECTION 9322. Initial applicability; Health Services.
(1) INSPECTION FEES. The treatment of sections 49.45 (47) (e), 50.03 (5g) (cm), 50.033 (3), 50.034 (10), 50.04 (4) (dm), 50.36 (4), 50.49 (4), and 50.93 (5) of the statutes first applies to enforcement actions taken on the effective date of this subsection.
(End)
LRB-0397LRB-0397/4
RLR:cjs&wlj:md
2009 - 2010 LEGISLATURE
DOA:......Fox, BB0091 - Eliminate nursing home appeals board
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Other health and human services
Currently, the state imposes a monthly, per-bed assessment on nursing homes in an amount that may not exceed $75. This bill increases the maximum amount of the monthly, per-bed assessment imposed on nursing homes to $150 in state fiscal year 2009-10, and $170 in each year thereafter.
Medical assistance
Under current law, people generally have a right to an administrative appeal of actions by state agencies. Current law also specifically requires that DHS establish a mechanism for reviewing petitions from nursing homes for modification of MA payments and develop criteria for granting modifications. Upon conducting a review, DHS may modify an MA payment to a nursing home, as long as the modified payment does not exceed federal maximum reimbursement levels. The bill repeals the requirement that DHS establish a mechanism for reviewing petitions from nursing homes to modify MA payments.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (4) (d) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 49.45 (6m) (e) of the statutes is repealed.
SECTION 3. 50.14 (2) (am) of the statutes is amended to read:
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.
(End)
LRB-0398LRB-0398/1
RLR:kjf:jf
2009 - 2010 LEGISLATURE
DOA:......Willing, BB0093 - Nursing home bed transfers
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
health and human services
Other health and human services
Current law imposes a cap on the number of nursing home beds that may be licensed statewide. DHS allocates the number of authorized licensed beds among seven planning areas. DHS further allocates beds authorized for a planning area among nursing homes that apply for the beds. A nursing home may transfer an authorized licensed bed to another nursing home if the receiving nursing home is in the same planning area as the transferring nursing home or in a county adjoining the planing area, if the transferring and receiving nursing homes are under common ownership, and if the nursing homes notify DHS of the transfer and DHS approves it.
This bill allows a nursing home to transfer an authorized licensed bed to another nursing home regardless of location and ownership of the nursing homes as long as the nursing homes notify DHS and DHS approves the transfer.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 150.345 (1) (a) of the statutes is repealed.
SECTION 2. 150.345 (1) (b) of the statutes is repealed.
(End)
LRB-0401LRB-0401/3
RLR:bjk:jf
2009 - 2010 LEGISLATURE
DOA:......Jablonsky, BB0119 - Vital records fees
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
Other health and human services
Under current law, the fee for a copy of a birth certificate, death certificate, marriage certificate, or divorce or annulment certificate (vital record) is $20, and the fee for expedited issuance of a copy of a vital record is $20. Current law reduces fees for vital records, effective July 1, 2010, to the following amounts, which were in effect before enactment of the 2007 biennial budget act: for a copy of a birth certificate, $12; for a copy of a death certificate, marriage certificate, or divorce or annulment certificate, $7; and for expedited issuance of a copy of a vital record, $10.
This bill repeals the fee reductions for vital records that are scheduled to take effect on July 1, 2010.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 69.22 (1) (a) of the statutes, as affected by 2007 Wisconsin Act 20, Section 1918h, is amended to read:
69.22 (1) (a) Except as provided under par. (c), $7 $20 for issuing one certified copy of a vital record and $3 for any additional certified copy of the same vital record issued at the same time.
SECTION 2. 69.22 (1) (b) of the statutes, as affected by 2007 Wisconsin Act 20, Section 1918j, is amended to read:
69.22 (1) (b) Except as provided under par. (c), $20 for issuing an uncertified copy of a vital record issued under s. 69.21 (2) (a) or (b), or $7 for verifying information about the event submitted by a requester without issuance of a copy, $7, and $3 for any additional copy of the same vital record issued at the same time.
SECTION 3. 69.22 (1) (d) of the statutes, as affected by 2007 Wisconsin Act 20, Section 1918n, is amended to read:
69.22 (1) (d) In addition to other fees under this subchapter, $10 $20 for expedited service in issuing a vital record.
SECTION 4. 69.22 (1m) of the statutes, as affected by 2007 Wisconsin Act 20, is amended to read:
69.22 (1m) The state registrar and any local registrar acting under this subchapter shall, for each copy of a birth certificate for which a fee under sub. (1) (c) is charged that is issued during a calendar quarter, forward to the secretary of administration for deposit in the appropriations appropriation accounts under s. 20.433 (1) (g) and (h) the amounts specified in sub. (1) (c) $7 by the 15th day of the first month following the end of the calendar quarter.
SECTION 5. 69.22 (1q) of the statutes is created to read:
69.22 (1q) The state registrar and any local registrar acting under this subchapter shall forward to the secretary of administration for deposit in the appropriation account under s. 20.435 (1) (gm) all of the following:
