AB75: Bill Text

AB75,676,6 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, s. 1385 Section 1385. 50.01 (1) (b) of the statutes is amended to read:

AB75,676,12 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, s. 1386 Section 1386. 50.01 (1) (c) of the statutes is created to read:

AB75,676,16 50.01 (1) (c) A place in which the operator provides care, treatment, support, or service above the level of room and board, but not including nursing care, to up to 2 adults who are not related to the operator.

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

AB75,677,6 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AB75, s. 1388 Section 1388. 50.02 (4) of the statutes is repealed.

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

AB75,677,15 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, s. 1390 Section 1390. 50.031 of the statutes is created to read:

AB75,677,19 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).

AB75,678,3 (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).

AB75,678,5 (b) The department shall certify an adult family home upon determining that the adult family home satisfies standards established under sub. (3).

AB75,678,9 (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:

AB75,678,11 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.

AB75,678,12 2. That the adult family home satisfies standards established under sub. (3).

AB75,678,14 (d) Certification under par. (b) or (c) shall be valid until revoked by the department.

AB75,678,16 (3) Standards. The department shall establish standards for certification under this section.

AB75,678,19 (4) Investigation. The department may investigate complaints that an adult family home certified under this section violated a standard for certification under sub. (3).

AB75,678,22 (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).

AB75,678,24 (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, s. 1391 Section 1391. 50.032 (2) of the statutes is amended to read:

AB75,679,6 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, s. 1392 Section 1392. 50.032 (2d) of the statutes is created to read:

AB75,679,11 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, s. 1393 Section 1393. 50.033 (2) of the statutes is amended to read:

AB75,679,23 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, s. 1394 Section 1394. 50.033 (2d) of the statutes is created to read:

AB75,680,4 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, s. 1395 Section 1395. 50.033 (3) of the statutes is amended to read:

AB75,680,22 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, s. 1396 Section 1396. 50.034 (3) (e) of the statutes is created to read:

AB75,681,2 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, s. 1397 Section 1397. 50.034 (5t) of the statutes is created to read:

AB75,681,8 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, s. 1398 Section 1398. 50.034 (10) of the statutes is created to read:

AB75,681,15 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, s. 1399 Section 1399. 50.035 (2d) of the statutes is created to read:

AB75,681,21 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, s. 1400 Section 1400. 50.037 (2) (a) of the statutes is renumbered 50.037 (2) (a) 1. and amended to read:

AB75,682,2 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, s. 1401 Section 1401. 50.037 (2) (a) 2. of the statutes is created to read:

AB75,682,5 50.037 (2) (a) 2. The department may, by rule, increase the amount of the fee under subd. 1.

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

AB75,682,10 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, s. 1403 Section 1403. 50.04 (4) (dm) of the statutes is created to read:

AB75,682,19 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, s. 1404 Section 1404. 50.04 (4) (e) 1. of the statutes is amended to read:

AB75,683,15 50.04 (4) (e) 1. If a nursing home desires to contest any department action under this subsection, it shall send a written request for a hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1) within 10 60 days of receipt of notice of the contested action. Department action that is subject to a hearing under this subsection includes service of a notice of a violation of this subchapter or rules promulgated under this subchapter, a notation in the report under sub. (3) (b), imposition of a plan of correction, and rejection of a nursing home's plan of correction, but does not include a correction order. Upon the request of the nursing home, the division shall grant a stay of the hearing under this paragraph until the department assesses a forfeiture, so that its hearing under this paragraph is consolidated with the forfeiture appeal hearing held under sub. (5) (e). All agency action under this subsection arising out of a violation, deficiency , or rejection and imposition of a plan of correction shall be the subject of a single hearing. Unless a stay is granted under this paragraph, the division shall commence the hearing within 30 days of the request for hearing, within 30 days of the department's acceptance of a nursing home's plan of correction, or within 30 days of the department's imposition of a plan of correction, whichever is later. The division shall send notice to the nursing home in conformance with s. 227.44. Issues litigated at the hearing may not be relitigated at subsequent hearings under this paragraph arising out of the same violation or deficiency.

AB75, s. 1405 Section 1405. 50.04 (5) (e) of the statutes is amended to read:

AB75,684,3 50.04 (5) (e) Forfeiture appeal hearing. A nursing home may contest an assessment of forfeiture by sending, within 10 60 days after receipt of notice of a contested action, 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.

AB75, s. 1406 Section 1406. 50.04 (5) (fr) of the statutes is repealed.

AB75, s. 1407 Section 1407. 50.05 (1) (dg) of the statutes is created to read:

AB75,684,6 50.05 (1) (dg) "Medicare" means 42 USC 1395 to 1395hhh.

AB75, s. 1408 Section 1408. 50.05 (2) (g) of the statutes is created to read:

AB75,684,10 50.05 (2) (g) The department or the facility determines that estimated operating expenditures of the facility significantly exceed anticipated revenues for the facility.

AB75, s. 1409 Section 1409. 50.05 (2) (h) of the statutes is created to read:

AB75,684,14 50.05 (2) (h) The facility or facility's operator has been charged with or convicted of an offense specified under s. 49.49 or 940.295, or a Medicare violation under 42 USC 1320a-7a, 1320a-7b, or 1320a-8.

AB75, s. 1410 Section 1410. 50.05 (3) of the statutes is amended to read:

AB75,684,23 50.05 (3) Monitor. In any situation described in sub. (2), the department may place a person to act as monitor in the facility. The monitor shall observe operation of the facility, assist the facility by advising it on how to comply with state regulations, and shall periodically submit to the department a written report periodically to the department on the operation of the facility. The monitor may assist in the financial management of the facility. The department may require payment by the operator or controlling person of the facility for the costs of placement of a person to act as monitor in the facility.

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

AB75,685,2 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, s. 1412 Section 1412. 50.06 (3) (a) of the statutes is amended to read:

AB75,685,5 50.06 (3) (a) The spouse or domestic partner under ch. 770 of the incapacitated individual.

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

AB75, s. 1414 Section 1414. 50.065 (5d) (a) 4. of the statutes is repealed.

AB75, s. 1415 Section 1415. 50.065 (5g) of the statutes is repealed.

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

AB75,685,14 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, s. 1417 Section 1417. 50.14 (2) (am) of the statutes is amended to read:

AB75,685,18 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, s. 1418 Section 1418. 50.36 (3j) of the statutes is created to read:

AB75,685,22 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, s. 1419 Section 1419. 50.36 (4) of the statutes is amended to read:

AB75,686,8 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, s. 1420 Section 1420. 50.49 (4) of the statutes is amended to read:

AB75,686,21 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, s. 1421 Section 1421. 50.93 (5) of the statutes is created to read:

AB75,687,2 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, s. 1422 Section 1422. 50.94 (3) (a) of the statutes is amended to read:

AB75,687,5 50.94 (3) (a) The spouse or domestic partner under ch. 770 of the person who is incapacitated.

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

AB75,687,10 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, s. 1424 Section 1424. 50.95 (1) of the statutes is amended to read:

AB75,687,21 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, s. 1425 Section 1425. 51.15 (2) (c) of the statutes is amended to read: