70,16
Section
16. 50.04 (4) (e) 1. of the statutes is amended to read:
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.
70,17
Section
17. 50.04 (5) (a) 5m. of the statutes is repealed.
70,18
Section
18. 50.04 (5) (c) of the statutes is amended to read:
50.04 (5) (c) Assessment of forfeitures; powers and duties of department. The department may directly assess forfeitures provided for under par. (a). If the department determines that a forfeiture should be assessed for a particular violation or for failure to correct it, it the department shall send a notice of assessment of forfeiture to the nursing home. The notice shall specify the amount of the forfeiture assessed, 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 within 120 days after the date on which a nursing home receives the notice of a violation, the department may not assess a forfeiture for the violation.
70,19
Section
19. 50.04 (5) (e) of the statutes is amended to read:
50.04 (5) (e) Forfeiture appeal hearing. A nursing home may contest an assessment of a forfeiture by sending, within 10 60 days after receipt of notice of a contested action the assessment of the forfeiture, 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 assessment of a forfeiture, 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 was assessed requests a hearing under this paragraph on the assessment of the forfeiture, the hearing on the notice of violation under sub. (4) and the hearing on the assessment of the forfeiture shall be consolidated.
70,20
Section
20. 50.04 (5) (f) of the statutes is amended to read:
50.04 (5) (f) Forfeitures paid within
10 60 days. All forfeitures shall be paid to the department within 10
60 days of receipt of notice of assessment of the forfeiture or, if the forfeiture 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.
70,21
Section
21. 50.04 (5) (fm) of the statutes is amended to read:
50.04 (5) (fm) Forfeiture 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 of a forfeiture under par. (e) for a class "A" or class "B" violation and pays the forfeiture to the department within 10 60 days after receipt of the notice of assessment of the forfeiture, the department shall reduce the amount of the assessment forfeiture by 35% 35 percent.
70,22
Section
22. 50.04 (6) (a) of the statutes is repealed and recreated to read:
50.04 (6) (a) Power of department. 1. In addition to the right to impose forfeitures 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:
a. A class "A" or class "B" violation, as defined in sub. (4), continues to exist in the nursing home.
b. A federal violation continues to exist that constitutes immediate jeopardy or actual harm not involving immediate jeopardy to a resident.
2. The issuance of a conditional license shall revoke any outstanding license held by the nursing home.
3. The nursing home may seek review of a decision to issue a conditional license as provided in s. 50.03 (5).
70,23
Section
23. 50.04 (8) of the statutes is created to read:
50.04 (8) Protection and cost effectiveness programs; quality assurance. (a) The department may distribute moneys from the appropriation account under s. 20.435 (6) (g) for innovative projects designed to protect the property and the health, safety, and welfare of residents in nursing homes and to improve the efficiency and cost effectiveness of the operation of facilities so as to improve the quality of life, care, and treatment of residents.
(b) The department shall establish and maintain a quality assurance and improvement committee to review proposals and award moneys for innovative projects, as described in par. (a), that are approved by the committee. The department shall promulgate rules to guide the actions of the quality assurance and improvement committee.
70,24
Section
24. 50.05 (2) (f) (intro.) of the statutes is amended to read:
50.05
(2) (f) (intro.) The facility is a nursing facility that is in violation of s. 49.498
or, a rule promulgated under s. 49.498
, or a requirement under 42 CFR 483 related to the operation of a nursing facility, meets the criteria established by rule under s. 49.498 (14) (c) for placement of a monitor or appointment of a receiver, and there is a need for placement of a monitor or appointment of a receiver during the period that any of the following applies:
70,25
Section
25. 50.05 (2) (f) 2. of the statutes is amended to read:
50.05
(2) (f) 2. The nursing facility institutes improvements in order to bring the nursing facility into compliance with the requirements of s. 49.498
or, a rule promulgated under s. 49.498
, or a requirement under 42 CFR 483 related to the operation of a nursing facility.
70,26
Section
26.
Initial applicability.
(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 of plan correction, or a rejection of a plan of correction that is issued on the effective date of this subsection.
(2) Conditional licensure. The treatment of sections 50.01 (1ng) and 50.04 (6) (a) of the statutes first applies to violations that continue to exist on the effective date of this subsection.
(3) Suspension of admissions. The treatment of sections 50.01 (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.
(4) Suspension or revocation of licensure. The treatment of section 50.03 (5) (a) and (b) of the statutes first applies to findings made by the department of health services on the effective date of this subsection.
(5) Provisional license. The treatment of section 50.03 (4m) (a) of the statutes first applies to inspections made by the department of health services on the effective date of this subsection.
(6) Injunctions. The treatment of section 50.03 (7) (a) of the statutes first applies to an action for injunction filed by the department of health services on the effective date of this subsection.
