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:
SB560,1
1Section
1. 50.33 (1c) of the statutes is created to read:
SB560,4,42
50.33
(1c) "Conditions for Medicare participation for hospitals" means the
3conditions of participation specified under
42 CFR 482 or, with respect to critical
4access hospitals,
42 CFR 485.
SB560,2
5Section
2. 50.33 (3) of the statutes is created to read:
SB560,4,86
50.33
(3) "Requirements for hospitals" means all of the rules, standards, and
7requirements described in or promulgated under ss. 50.32 to 50.39 that apply to
8hospitals, including the standards described under s. 50.36 (1).
SB560,3
9Section
3. 50.35 of the statutes is amended to read:
SB560,5,13
1050.35 Application and approval. Application for approval to maintain a
11hospital shall be made to the department on forms provided by the department. On
12receipt of an application, the department shall, except as provided in s. 50.498, issue
13a certificate of approval if the applicant and hospital facilities meet the requirements
14established by the department for hospitals. The department shall issue a single
15certificate of approval for the University of Wisconsin Hospitals and Clinics
16Authority that applies to all of the Authority's inpatient and outpatient hospital
17facilities that meet the requirements
established by the department for hospitals 18and for which the Authority requests approval. For a free-standing pediatric
19teaching hospital, the department shall issue a single certificate of approval that
1applies to all of the hospital's inpatient and outpatient hospital facilities that meet
2the requirements
established by the department for hospitals and for which the
3hospital requests approval. Except as provided in s. 50.498, this approval shall be
4in effect until, for just cause and in the manner herein prescribed, it is suspended or
5revoked. The certificate of approval may be issued only for the premises and persons
6or governmental unit named in the application and is not transferable or assignable.
7The department shall withhold, suspend
, or revoke approval for a failure to comply
8with s. 165.40 (6) (a) 1. or 2., but, except as provided in s. 50.498, otherwise may not
9withhold, suspend
, or revoke approval unless for a substantial failure to comply with
10ss. 50.32 to 50.39 or the rules and standards adopted by the department the
11requirements for hospitals after giving a reasonable notice, a fair hearing
, and a
12reasonable opportunity to comply. Failure by a hospital to comply with s. 50.36 (3m)
13shall be considered to be a substantial failure to comply under this section.
SB560,4
14Section
4
. 50.36 (1) of the statutes is amended to read:
SB560,6,1115
50.36
(1) Beginning on July 1, 2016, except as otherwise provided under ss.
1650.32 to 50.39, the department shall use and enforce the conditions for Medicare
17participation for hospitals as the minimum standards that apply to hospitals. The
18department shall interpret the conditions for Medicare participation for hospitals
19using guidelines adopted by the federal centers for medicare and medicaid services,
20unless the department determines that a different interpretation is reasonably
21necessary to protect public health and safety. The department
shall may 22promulgate, adopt, amend
, and enforce
such additional rules and standards
for
23hospitals for the construction, maintenance
, and operation of
the hospitals
deemed 24that the department determines are necessary to provide safe and adequate care and
25treatment of
the hospital patients
in the hospitals and to protect the health and
1safety of the patients and employees
; and nothing contained herein shall pertain to
2a person licensed to practice medicine and surgery or dentistry. The building codes
3and construction standards of the department of safety and professional services
4shall apply to all hospitals
and the department may adopt additional construction
5codes and standards for hospitals, provided to the extent that they are not
lower than
6the requirements of the department of safety and professional services incompatible
7with any building codes or construction standards required by the conditions for
8Medicare participation for hospitals. Except for the construction codes and
9standards of the department of safety and professional services and except as
10provided in s. 50.39 (3), the department shall be the sole agency to adopt and enforce
11rules and standards pertaining to hospitals.
SB560,5
12Section
5. 50.36 (1m) of the statutes is created to read:
SB560,6,1413
50.36
(1m) (a) Notwithstanding sub. (1) and except as provided pars. (b) and
14(c), all of the following apply:
SB560,6,1715
1. Beginning on July 1, 2016, the department may not enforce any of the rules
16contained in s. DHS 124.40 or subch. II, III, or IV of ch. DHS 124, Wis. Adm. Code,
17in effect on the effective date of this subdivision .... [LRB inserts date].
SB560,6,2018
2. The department shall, within the scope of the department's rule-making
19authority under sub. (1), promulgate rules to repeal and recreate ch. DHS 124, Wis.
20Adm. Code.
SB560,6,2121
(b) Paragraph (a) 1. does not apply to s. DHS 124.24 (3), Wis. Adm. Code.
SB560,6,2422
(c) Paragraph (a) does not apply beginning on the date that a permanent rule
23promulgated under ch. 227 that repeals and recreates ch. DHS 124, Wis. Adm. Code,
24takes effect as provided in s. 227.22.
SB560,6
25Section
6. 50.36 (2) (a) of the statutes is amended to read:
SB560,7,5
150.36
(2) (a)
The Notwithstanding sub. (3L), the department shall conduct plan
2reviews of all capital construction and remodeling projects of hospitals to ensure that
3the plans comply with
any applicable building code requirements under ch. 101 and
4with
any physical plant requirements under this chapter or under rules promulgated
5under this chapter.
SB560,7
6Section
7. 50.36 (2) (b) of the statutes is amended to read:
SB560,7,127
50.36
(2) (b) The department shall promulgate rules that establish a fee
8schedule for its services in conducting the plan reviews under par. (a).
The schedule
9established under these rules shall set fees for hospital plan reviews in amounts that
10are less than the sum of the amounts required on September 30, 1995, for fees under
11this subsection and for fees for examination of hospital plans under s. 101.19 (1) (a),
121993 stats.
SB560,8
13Section
8. 50.36 (3) (am) of the statutes is created to read:
SB560,7,1714
50.36
(3) (am) A hospital may grant any practitioner the opportunity to be a
15member of the hospital staff and obtain hospital staff privileges if the membership
16or privileges are not prohibited under sub. (1) and are consistent with the
17practitioner's scope of practice.
SB560,9
18Section
9. 50.36 (3g) of the statutes is repealed.
SB560,10
19Section
10. 50.36 (3L) of the statutes is created to read:
SB560,8,220
50.36
(3L) A hospital accredited by an approved national accrediting
21organization pursuant to
42 USC 1395bb (a) (1) is exempt from routine inspections
22and investigations to determine compliance with and is considered to be in
23compliance with the requirements for hospitals. The department may inspect an
24accredited hospital to investigate a complaint or comply with the request of the
1federal centers for medicare and medicaid services, including a request to validate
2the findings of the accrediting organization.
SB560,11
3Section
11. 50.36 (3m) of the statutes is amended to read:
SB560,8,154
50.36
(3m) The department shall require a hospital that is accredited as a
5hospital by a
private national accrediting organization
pursuant to 42 USC 1395bb
6(a) (1) to submit to the department
a copy of the summary accreditation
7recommendation and may require the hospital to submit to the department copies
8of all correspondence sent or received on or after August 30, 1989, including survey
9results, between the hospital and the accrediting organization. Accreditation
10letters, reports and related evidence of current accreditation. Any evidence of
11accreditation and other accreditation-related correspondence
or other materials 12submitted
by or on behalf of a hospital to the department, except those submitted by
13a county mental health complex under s. 51.08, under this subsection are not subject
14to inspection, copying
, or receipt under s. 19.35 (1) and may not be released by the
15department.
SB560,12
16Section
12. 50.36 (4) of the statutes is amended to read:
SB560,9,317
50.36
(4) The Except as provided in sub. (3L), the department shall make or
18cause to be made such inspections and investigation, as are reasonably deemed
19necessary to obtain compliance with the
rules and standards requirements for
20hospitals. It shall afford an opportunity for representatives of the hospitals to
21consult with members of the staff of the department concerning compliance and
22noncompliance with
rules and standards the requirements for hospitals. If the
23department takes enforcement action against a hospital for a violation of
ss. 50.32
24to 50.39, or rules promulgated or standards adopted under ss. 50.32 to 50.39 the
25requirements for hospitals, and the department subsequently conducts an on-site
1inspection of the hospital to review the hospital's action to correct the violation, the
2department may, unless the hospital is operated by the state, impose a $200
3inspection fee on the hospital.
SB560,13
4Section
13. 50.36 (6m) (a) (intro.) of the statutes is amended to read:
SB560,9,75
50.36
(6m) (a) (intro.) The secretary or his or her designee may grant a variance
6to
a statute affecting hospitals or a rule or a waiver from any of the
department
7affecting requirements for hospitals if all of the following apply:
SB560,14
8Section
14. 50.36 (6m) (a) 1. of the statutes is repealed.
SB560,15
9Section
15. 50.36 (6m) (a) 2. of the statutes is amended to read:
SB560,9,1010
50.36
(6m) (a) 2. A hospital has requested the variance
or waiver.
SB560,16
11Section
16. 50.36 (6m) (a) 3. of the statutes is amended to read:
SB560,9,1412
50.36
(6m) (a) 3. The secretary or his her designee determines that the variance
13or waiver is necessary to protect the public health, safety, or welfare
or to support the
14efficient and economic operation of the hospital.
SB560,17
15Section
17. 50.36 (6m) (b) of the statutes is amended to read:
SB560,9,2116
50.36
(6m) (b) A variance
or waiver granted under par. (a)
shall may be for a
17stated term
not to exceed 90 days, except that. If a variance or waiver is for a stated
18term, the secretary or his her designee may extend the variance
or waiver upon
19request by the hospital if he or she determines that an extension is necessary to
20protect the public health, safety, or welfare
or to support the efficient and economic
21operation of the hospital.
SB560,18
22Section
18. 50.37 (intro.) of the statutes is amended to read:
SB560,9,24
2350.37 Notification to accrediting organization. (intro.) The department
24shall notify a
private national accrediting organization that has accredited a hospital
1and the board of governors of the injured patients and families compensation fund
2under s. 619.04 (3) if the department has done any of the following:
SB560,19
3Section
19. 50.37 (4) of the statutes is amended to read:
SB560,10,84
50.37
(4) Recommended to the federal
health care financing administration 5centers for medicare and medicaid services that the hospital be decertified from the
6federal medicare program under
42 USC 1395 to
1395ccc or the federal medicaid
7program under
42 USC 1396 to
1396r-3 for failure to meet a condition of
8participation under the program.
SB560,20
9Section
20. 50.39 (1) of the statutes is amended to read:
SB560,10,1210
50.39
(1) Sections 50.32 to 50.39 and the rules promulgated pertaining thereto
11shall The requirements for hospitals apply to all facilities coming under the
12definition of a "hospital" which are not specifically exempt by ss. 50.32 to 50.39.
SB560,21
13Section
21. 323.19 (1) of the statutes is amended to read:
SB560,10,1614
323.19
(1) The secretary of health services may grant a hospital a variance to
15a statute or rule affecting or a waiver from a requirement for hospitals
in response
16to a disaster as provided in s. 50.36 (6m).