EmR2510 Rule Text

Statement on quality of agency data

The data used by the Department to prepare these proposed rules and analysis comply with s. 227.14 (2m), Stats.”

Place where comments are to be submitted and deadline for submission

Comments may be submitted to the agency contact person that is listed above until the deadline given in the upcoming notice of public hearing. The notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and to the department’s website, at https://www.dhs.wisconsin.gov/rules/active-rulemaking-projects.htm. Comments may also be submitted through the Wisconsin Administrative Rules Website, at: https://docs.legis.wisconsin.gov/code/chr/active.

RULE TEXT

SECTION 1. DHS 122.05 (1) (c) is repealed.

SECTION 2. DHS 122.06 (2m) is created to read:

DHS 122.06 (2m) Exemption. This section shall not apply to applications to redistribute closed nursing home beds in accordance with s. 150.40, Stats.

SECTION 3. DHS 122.06 (4) (b) (Note), (d) 5. (Note), (4m) (a) (Note) and (b) 3. (Note) are amended to read:

DHS 122.06 (4) (b) Note: For copies of application forms, contact: Resource Allocation Program, the Division of Health Care Access and Accountability, P.O. Box 309, Madison, Wisconsin 53701 Quality Assurance at [e-mail] or [phone].

DHS 122.06 (4) (d) 5. Note: Upon written request, the department will provide technical assistance to any small business, as defined in s. 227.114 (1), Stats., or other small organization with fewer than 25 full-time employees or annual revenues of less than $2,500,000 $5,000,000 regarding application materials and procedures. Requests should be sent to the Resource Allocation Program, Division of Health Care Access and Accountability, P.O. Box 309, Madison, Wisconsin 53701 Quality Assurance at [e-mail] or [phone].

DHS 122.06 (4m) (a) Note: For copies of the application forms, contact the Resource Allocation Program, Division of Health Care Access and Accountability, P.O. Box 309, Madison, Wisconsin 53701, Quality Assurance at [e-mail] or [phone].

DHS 122.06 (4m) (b) 3. Note: Upon written request, the department will provide technical assistance to any small business, as defined in s. 227.114 (1), Stats., or other small organization with fewer than 25 full-time employees or annual revenues of less than $2,500,000 $5,000,000 regarding application materials and procedures. Requests should be sent to the Resource Allocation Program, Division of Health Care Access and Accountability, P.O. Box 309, Madison, Wisconsin 53701 Quality Assurance at [e-mail] or [phone].

SECTION 4. DHS 122.07 (1) (d) 3. (Note) and (2) (a) (intro.) are amended to read:

DHS 122.07 (1) (d) 3. Note: Copies of the life-cycle cost analysis form are included in the application materials. They may be obtained from the Resource Allocation Program, Division of Health Care Access and Accountability, P.O. Box 309, Madison, Wisconsin 53701, Quality Assurance at [e-mail] or [phone].vvv

DHS 122.07 (2) Applications for new or redistributed beds which meet all of the criteria in sub. (1) shall be subject to the following final selection process:

SECTION 5. DHS 122.07 (3) is created to read:

DHS 122.07 (3) Exemption. This section does not apply to applications to redistribute nursing home beds in accordance with s. 150.40, Stats.

SECTION 6. DHS 122.08 (2) (a) and (Note) are amended to read:

DHS 122.08 (2) (a) An applicant, including an applicant for redistribution of closed nursing home beds under s. 150.40, Stats., desiring a public hearing shall file a written request for a public hearing, no later than 10 days after the issuance of the initial finding, to both the department’s division of health care financing quality assurance and the department of administration’s division of hearings and appeals.

Note: The Division of Health Care Financing has been renamed the Division of Health Care Access and Accountability Quality Assurance. The mailing address of the Department’s Requests should be sent to the Division of Health Care Access and Accountability is P.O. Box 309 2969, Madison, Wisconsin 53701 of Quality Assurance at [e-mail] or [phone]. and the mailing address of the Requests should be sent to the Division of Hearings and Appeals P.O. Box 7875, 4822 Madison Yards Way, Fifth Floor, Madison, Wisconsin 53707 53705, or [e-mail], or faxed to [phone].

SECTION 7. DHS 122.09 (9) is created to read:

DHS 122.09 (9) Exemption. This section does not apply to applications to redistribute nursing home beds in accordance with s. 150.40, Stats.

SECTION 8. Effective date. This rule shall take effect upon publication in the state newspaper and shall remain in effect as provided in s. 227.24 (1) (c) and (2), Stats.

Wisconsin Department of Health Services

Dated:   July 31, 2025     __________________________________

      Kirsten Johnson, Secretary-designee
SEAL:

1

Clearinghouse Rule CR 86-180, which was published in Administrative Register 373B on Jan. 31, 1987, repealed and recreated s. DHS 122.05 (1) (c). A copy of the rule order for CR 86.180 is available at: https://docs.legis.wisconsin.gov/code/register/1987/373b/rules/cr_86_180.pdf.