AB75: Bill Text

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:

AB75,687,25 51.15 (2) (c) A state treatment facility, if the county department of community programs in the individual's county of residence approves the individual's detention in the state treatment facility; or

AB75, s. 1426 Section 1426. 51.22 (1) of the statutes is amended to read:

AB75,688,6 51.22 (1) Except as provided in s. 51.20 (13) (a) 4. or 5., any person committed under this chapter shall be committed to the county department under s. 51.42 or 51.437 serving the person's county of residence, and such county department shall authorize placement of the person in an appropriate facility for care, custody and treatment according to s. 51.42 (3) (as) 1. 1r. or 51.437 (4rm) (a).

AB75, s. 1427 Section 1427. 51.22 (2) of the statutes is amended to read:

AB75,688,15 51.22 (2) Except for admissions that do not involve the department or a county department under s. 51.42 or 51.437 or a contract between a treatment facility and the department or a county department, admissions under ss. 51.10, 51.13, and 51.45 (10) shall be through the county department under s. 51.42 or 51.437 serving the person's county of residence, or through the department if the person to be admitted is a nonresident of this state. Admissions through a county department under s. 51.42 or 51.437 shall be made in accordance with s. 51.42 (3) (as) 1. 1r. or 51.437 (4rm) (a). Admissions through the department shall be made in accordance with sub. (3).

AB75, s. 1428 Section 1428. 51.30 (4) (b) 8m. of the statutes is amended to read:

AB75,688,20 51.30 (4) (b) 8m. To appropriate examiners, investigators, and facilities in accordance with s. ss. 54.36 (3) , and 971.17 (2) (e), (4) (c), and (7) (c). The recipient of any information from the records shall keep the information confidential except as necessary to comply with s. 971.17.

AB75, s. 1429 Section 1429. 51.30 (4) (b) 20. (intro.) of the statutes is amended to read:

AB75,689,13 51.30 (4) (b) 20. (intro.) Except with respect to the treatment records of a subject individual who is receiving or has received services for alcoholism or drug dependence, to the spouse, domestic partner under ch. 770, parent, adult child or sibling of a subject individual, if the spouse, domestic partner, parent, adult child or sibling is directly involved in providing care to or monitoring the treatment of the subject individual and if the involvement is verified by the subject individual's physician, psychologist or by a person other than the spouse, domestic partner, parent, adult child or sibling who is responsible for providing treatment to the subject individual, in order to assist in the provision of care or monitoring of treatment. Except in an emergency as determined by the person verifying the involvement of the spouse, domestic partner, parent, adult child or sibling, the request for treatment records under this subdivision shall be in writing, by the requester. Unless the subject individual has been adjudicated incompetent in this state, the person verifying the involvement of the spouse, domestic partner, parent, adult child or sibling shall notify the subject individual about the release of his or her treatment records under this subdivision. Treatment records released under this subdivision are limited to the following:

AB75, s. 1430 Section 1430. 51.30 (4) (cm) (intro.) of the statutes is amended to read:

AB75,690,2 51.30 (4) (cm) Required access to certain information. (intro.) Notwithstanding par. (a), treatment records of an individual shall, upon request, be released without informed written consent, except as restricted under par. (c), to the parent, child, sibling, or spouse, or domestic partner under ch. 770 of an individual who is or was a patient at an inpatient facility; to a law enforcement officer who is seeking to determine whether an individual is on unauthorized absence from the facility; and to mental health professionals who are providing treatment to the individual at the time that the information is released to others. Information released under this paragraph is limited to notice as to whether or not an individual is a patient at the inpatient facility and, if the individual is no longer a patient at the inpatient facility, the facility or other place, if known, at which the individual is located. This paragraph does not apply under any of the following circumstances:

AB75, s. 1431 Section 1431. 51.30 (4) (cm) 1. of the statutes is amended to read:

AB75,690,7 51.30 (4) (cm) 1. To the individual's parent, child, sibling, or spouse, or domestic partner under ch. 770 who is requesting information, if the individual has specifically requested that the information be withheld from the parent, child, sibling, or spouse, or domestic partner.

AB75, s. 1432 Section 1432. 51.42 (3) (as) 1. of the statutes is renumbered 51.42 (3) (as) 1r. and amended to read:

AB75,691,10 51.42 (3) (as) 1r. A county department of community programs shall authorize all care of any patient in a state, local, or private facility under a contractual agreement between the county department of community programs and the facility, unless the county department of community programs governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of community programs or its contract agency. In cases of emergency, a facility under contract with any county department of community programs shall charge the county department of community programs having jurisdiction in the county where the patient is found. The county department of community programs shall reimburse the facility for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health services determines that a charge is administratively infeasible, or unless the department of health services, after individual review, determines that the charge is not attributable to the cost of basic care and services. Except as provided in subd. 1m., a county department of community programs may not reimburse any state institution or receive credit for collections for care received in a state institution by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3), transfers from Wisconsin state prisons under s. 51.37 (5) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06 or admissions under s. 975.17, 1977 stats., or children placed in the guardianship of the department of children and families under s. 48.427 or 48.43 or under the supervision of the department of corrections under s. 938.183 or 938.355. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs that are attributable to care and treatment of the client.

AB75, s. 1433 Section 1433. 51.42 (3) (as) 1g. of the statutes is created to read:

AB75,691,13 51.42 (3) (as) 1g. In this paragraph, "county department" means county department of community programs.

AB75, s. 1434 Section 1434. 51.42 (3) (as) 1m. of the statutes is amended to read:

AB75,691,21 51.42 (3) (as) 1m. A county department of community programs shall reimburse a mental health institute at the institute's daily rate for custody of any person who is ordered by a court located in that county to be examined at the mental health institute under s. 971.14 (2) for all days that the person remains in custody at the mental health institute, beginning 48 hours, not including Saturdays, Sundays, and legal holidays, after the sheriff and county department receive notice under s. 971.14 (2) (d) that the examination has been completed.

AB75, s. 1435 Section 1435. 51.42 (3) (as) 2. of the statutes is amended to read:

AB75,692,13 51.42 (3) (as) 2. If a mental health institute has provided a county department of community programs with service, the department of health services shall regularly bill collect for the cost of care from the county department of community programs, except as provided under subd. 2m. If collections for care from the county department and from other sources exceed current billings, the difference shall be remitted to the county department of community programs through the appropriation under s. 20.435 (2) (gk). For care provided on and after February 1, 1979, the department of health services shall adjust collections from medical assistance to compensate for differences between specific rate scales for care charged to the county department of community programs and the average daily medical assistance reimbursement rate. Payment shall be due from the county department of community programs within 60 days of the billing date subject to provisions of the contract. If any payment has not been received within 60 days, the The department of health services shall deduct all or part of the amount due from a county department under this subdivision from any payment due from the department of health services to the county department of community programs.

AB75, s. 1436 Section 1436. 51.42 (3) (as) 2m. of the statutes is repealed.

AB75, s. 1437 Section 1437. 51.42 (3) (as) 3. of the statutes is amended to read:

AB75,693,2 51.42 (3) (as) 3. Care, services and supplies provided after December 31, 1973, to any person who, on December 31, 1973, was in or under the supervision of a mental health institute, or was receiving mental health services in a facility authorized by s. 51.08 or 51.09, but was not admitted to a mental health institute by the department of health services, shall be charged to the county department of community programs which was responsible for such care and services at the place where the patient resided when admitted to the institution. The department of health services may bill county departments of community programs for care provided at the mental health institutes at rates which the department of health services sets on a flexible basis, except that this flexible rate structure shall cover the cost of operations of the mental health institutes.

AB75, s. 1438 Section 1438. 51.421 (3) (e) of the statutes is amended to read:

AB75,693,5 51.421 (3) (e) Distribute, from the appropriation account under s. 20.435 (7) (5) (bL), moneys in each fiscal year for community support program services.

AB75, s. 1439 Section 1439. 51.423 (3) of the statutes is amended to read:

AB75,693,11 51.423 (3) From the appropriation account under s. 20.435 (7) (5) (bL), the department shall award one-time grants to applying counties that currently do not operate certified community support programs, to enable uncertified community support programs to meet requirements for certification as providers of medical assistance services.

AB75, s. 1440 Section 1440. 51.423 (11) of the statutes is amended to read:

AB75,694,13 51.423 (11) Each county department under s. 51.42 or 51.437, or both, shall apply all funds it receives under subs. (1) to (7) to provide the services required under ss. 51.42, 51.437 and 51.45 (2) (g) to meet the needs for service quality and accessibility of the persons in its jurisdiction, except that the county department may pay for inpatient treatment only with funds designated by the department for inpatient treatment. The county department may expand programs and services with county funds not used to match state funds under this section subject to the approval of the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with multicounty departments and with other local or private funds subject to the approval of the department and the county board of supervisors in a county with a single-county department under s. 51.42 or 51.437 or the county boards of supervisors in counties with a multicounty department under s. 51.42 or 51.437. The county board of supervisors in a county with a single-county department under s. 51.42 or 51.437 or the county boards of supervisors in counties with a multicounty department under s. 51.42 or 51.437 may delegate the authority to expand programs and services to the county department under s. 51.42 or 51.437. The county department under s. 51.42 or 51.437 shall report to the department all county funds allocated to the county department under s. 51.42 or 51.437 and the use of such funds. Moneys collected under s. 46.10 shall be applied to cover the costs of primary services, exceptional and specialized services or to reimburse supplemental appropriations funded by counties. County departments under ss. 51.42 and 51.437 shall include collections made on and after October 1, 1978, by the department that are subject to s. 46.10 (8m) (a) 3. and 4. and are distributed to county departments under ss. 51.42 and 51.437 from the appropriation account under s. 20.435 (7) (5) (gg), as revenues on their grant-in-aid expenditure reports to the department.

AB75, s. 1441 Section 1441. 51.437 (4rm) (d) of the statutes is created to read:

AB75,694,19 51.437 (4rm) (d) Notwithstanding pars. (a) to (c), for individuals receiving the family care benefit under s. 46.286, the care management organization that manages the family care benefit for the recipient shall pay the portion of the payment that is for services that are covered under the family care benefit; the department shall pay the remainder of the payment.

AB75, s. 1442 Section 1442. 51.44 (5) (c) of the statutes is repealed.

AB75, s. 1443 Section 1443. 51.45 (4) (p) of the statutes is repealed.

AB75, s. 1444 Section 1444. Chapter 52 of the statutes is created to read:

AB75,694,23 CHAPTER 52

AB75,694,24 QUALITY HOME CARE

AB75,694,25 52.01 Definitions. In this chapter:

AB75,695,1 (1) "Authority" means the Wisconsin Quality Home Care Authority.

AB75,695,2 (2) "Board" means the board of directors of the authority.

AB75,695,3 (3) "Care management organization" has the meaning given in s. 46.2805 (1).

AB75,695,4 (4) "Department" means the department of health services.

AB75,695,5 (5) "Family Care Program" means the benefit program described in s. 46.286.

AB75,695,7 (6) "Home care provider" means an individual who is a qualified provider under s. 46.2898 (1) (d).

AB75,695,10 (7) "Medical assistance waiver program" means a program operated under a waiver from the secretary of the U.S. department of health and human services under 42 USC 1396n (c) or 42 USC 1396n (b) and (c).