CR 18-054 Rule Text

Fiscal Estimate and Economic Impact Analysis:

The Fiscal Estimate and Economic Impact Analysis document is attached.

Effect on small business:

These rules do not have an economic impact on small businesses, as defined in s. 227.114 (1), Stats. The Department’s Regulatory Review Coordinator may be contacted by email at [e-mail], or by calling [phone].

Agency contact person:

Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, Wisconsin 53708-8366; telephone [phone]; email at [e-mail].

Place where comments are to be submitted and deadline for submission:

Comments may be submitted to Dale Kleven, Administrative Rules Coordinator, Department of Safety and Professional Services, Division of Policy Development, P.O. Box 8366, Madison, WI 53708-8366, or by email to [e-mail]. Comments must be received at or before the public hearing to be held at 9:30 a.m. on August 23, 2018, to be included in the record of rule-making proceedings.

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TEXT OF RULE

Section 1.   NHA 1.01 is amended to read:

  NHA 1.01 Authority. The rules in chs. NHA 1 to 5 are adopted pursuant to ss. 15.08 (5) (b), 227.11 (2), and 456.02, Stats.

Section 2.   NHA 1.02 (intro.) is amended to read:

  NHA 1.02 (intro.) Definitions. As used in ch. 456, Stats., and in chs. NHA 1 to 5:

Section 3.   NHA 1.02 (1g) is created to read:

  NHA 1.02 (1g) “Board” means the nursing home administrator examining board.

Section 4.   NHA (2) (intro.), (a) (intro.) and 1. to 4., (b) (intro.) and 1. to 6., (c) (intro.) and 1. to 8., (d) (intro.) and 1. to 8., and (e), (3), (3m), (5m) (intro.) and (a) to (f), (6) (intro.) and (a) to (d), (7), and (8) (intro.) are amended to read:

 

  NHA (2) (intro.) “Experience in the field of institutional administration" means work experience acquired in any consecutive 36-month period within the 5-year period immediately preceding the date of application for licensure, as an employee, student, trainee, or intern in the total operation and activities of a nursing home under the supervision of persons licensed under ch. 456, Stats., or holding the equivalent license in another state recognized by the board, and exposure to and knowledge of each of the following:

  (a) (intro.) Fiscal management, including, but not limited to all of the following:

  1. Financial planning, forecasting, and budgeting,.

2. Accounting practices and principles,.

3. Fiscal intermediaries,.

4. Public finance programs, and.

  (b) (intro.) Environmental services, including, but not limited to all of the following:

1. Preventive maintenance programs for buildings and equipment;.

2. Sanitation procedures, practices, and policies;.

3. Design needs of the disabled;.

4. Environmental safety practices, policies, and procedures and accident prevention;.

5. Maintenance, housekeeping, laundry, and security functions;.

6. Relationship between health facility management; and.

  (c) (intro.) Resident services, including, but not limited to all of the following:

1. Therapy services,.

2. Physician services,.

3. Social services,.

4. Resident food services,.

5. Resident activities,.

6. Patient care,.

7. Drug handling and control,.

8. Nursing services, and.

  (d) (intro.) Personnel management, including, but not limited to all of the following:

1. Recruiting, interviewing, hiring, and training,.

2. Reviewing, disciplining, and supervising of employees,.

3. Record-keeping, Recordkeeping.

4. Preparation of statistical reports,.

5. Wage and salary administration,.

6. Health care staffing patterns,.

7. Human relations,.

8. Administering fringe benefit programs, and.

  (e) State and federal inspections for compliance with applicable nursing home laws, rules, and regulations.

  (3) “NAB" means the national association National Association of boards of examiners of long term care administrators Long Term Care Administrator Boards.

  (3m) “Nursing home" has the meaning given under in s. 456.01 (2), Stats.

  (5m) (intro.) “Pattern of serious violations of federal or state statutes, rules, or regulations" means the occurrence of any of the following:

  (a) One or more class “A” violations, as defined in s. 50.04 (4) (b) 1., Stats., in each of at least 2 inspections within any consecutive 36-month period.

  (b) One or more deficiencies related to participation requirements under 42 CFR sections 483.13, 483.15, or 483.25, which constitute immediate jeopardy to a resident's health or safety, in each of at least 2 inspections within any consecutive 36-month period.

  (c) One or more deficiencies related to participation requirements under 42 CFR sections 483.13, 483.15, or 483.25, which constitute a pattern of actual harm, but which does not constitute immediate jeopardy to a resident's health or safety, in each of at least 2 inspections within any consecutive 36-month period.

  (d) One or more deficiencies related to participation requirements under 42 CFR sections 483.13, 483.15, or 483.25, which constitute widespread actual harm, but which does not constitute immediate jeopardy to a resident's health or safety, in each of at least 2 inspections within any consecutive 36-month period.

  (e) One class “A” violation, as defined in s. 50.04 (4) (b) 1., Stats., and one deficiency of any type specified in par. (b), (c), or (d), within 36 months of each other, but resulting from different inspections.

  (f) At least 2 Two or more deficiencies in any combination of single deficiencies of the types specified in par. (b), (c), or (d), within 36 months of each other, but resulting from different inspections.

  (6) (intro.) “Program of study" means a prescribed sequence of courses that is offered by a university or college, accredited by a regional or national accrediting agency recognized by the U.S. department of education, which and that consists of at least one course of 3 credit hours in each of the following:

(a) Laws governing the operation of licensed nursing homes;.

(b) Elements of proper and effective administration of licensed nursing homes;.

(c) Protection of the interests, safety, and well-being of residents; and.

(d) Psychological, physical, medical, and social needs of residents.

  (7) “Regular course of study" means a prescribed program of courses offered by a university or college, accredited by a regional or national accrediting agency recognized by the U.S. department of education, which leads to an associate, baccalaureate, master, or doctoral degree and which that includes a program of study and a supervised clinical practicum.

  (8) (intro.) “Specialized courses" means individual courses that are offered by one or more educational institutions or course providers which and that lead to adequate preparation in each of the following general subject areas in nursing home administration:

Section 5.   NHA 2.01 is repealed and recreated to read:

  NHA 2.01 Examinations. An applicant for a license as a nursing home administrator shall pass all of the following examinations:

  (1) The Core of Knowledge Examination for Long Term Care Administrators administered by NAB.

  (2) The National Nursing Home Administrators Line of Service Examination administered by NAB.

  (3) An examination administered by the board on laws and administrative rules of this state governing nursing home administration.

Section 6.   NHA 2.02 (intro.) and (3) are amended to read:

  NHA 2.02 (intro.) Application for examination. An applicant for examination for a license as a nursing home administrator shall apply on a form provided by the board. An applicant shall also submit all of the following to the board:

  (3) A statement relating to any pending criminal charge or conviction record, subject Subject to ss. 111.321, 111.322, and 111.335, Stats., An if an applicant who has a pending criminal charge or has a an arrest or conviction record, shall provide the board with all related information documentation necessary for the board to determine whether the circumstances of the pending charge or conviction substantially relate to the practice of nursing home administration.

Section 7.   NHA 2.02 (4) is renumbered NHA 2.02 (1m) and amended to read:

  NHA 2.02 (1m) An application on a form provided by the board. A qualified applicant with a disability shall be provided with reasonable accommodations requested in connection with the completion of an application for examination submitted under this section.

Section 8.   NHA 2.02 (Note) is amended to read:

  NHA 2.02 (Note) Applications are available from the Department department of Safety safety and Professional Services, Division of Professional Credentialing, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708 professional services at [phone] or [e-mail], or from the department's website at: http://dsps.wi.gov.

Section 9.   NHA 2.04 (1) and (2) are amended to read:

  NHA 2.04 (1) National. To pass the national examination under s. NHA 2.01 (1) or (2), each an applicant shall receive a grade determined by the board to represent minimum competence to practice. The board may adopt the passing grade recommended by the examination provider NAB.

  (2) State. To pass the state law examination under s. NHA 2.01 (3), each an applicant shall receive a grade determined by the board to represent minimum competence to practice. The board shall determine the passing grade after consultation with subject matter experts who have reviewed a representative sample of the examination questions and available candidate performance statistics.