1997 Wisconsin Act 237

c. A notice of violation found to be unjustified after hearing may not be considered in applying this subdivision.

d. The forfeiture amount that is tripled under this subdivision shall be the amount assessed after all appeals have been exhausted. If an assessment of forfeiture is not contested and the forfeiture is paid as provided in par. (fm), the forfeiture amount that is tripled is the amount assessed after the reduction specified in par. (fm).

237,226f Section 226f. 50.04 (5) (a) 6. of the statutes is amended to read:

50.04 (5) (a) 6. If a licensee fails to correct a violation within the time specified in the notice of violation or approved plan of correction, or within the extended correction time granted under sub. (4) (c) 4., or if a violation continues after a report of correction, a separate forfeiture may be assessed the department may assess upon the licensee in an amount not to exceed a separate forfeiture of not more than $10,000 for class “A" violations, and may assess a separate forfeiture of not more than $5,000 for class “B" violations, for each day of continuing violation, $5,000 for class “A" violations and $1,000 for class “B" violations.

237,226g Section 226g. 50.04 (5) (fm) of the statutes is created 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 forfeiture under par. (e) for a class “A" or class “B" violation and pays the forfeiture to the department within 10 days after receipt of the notice of assessment, the department shall reduce the amount of the assessment by 35%.

237,226h Section 226h. 50.04 (5) (fr) of the statutes is created to read:

50.04 (5) (fr) Report to the legislature. Annually, the department shall submit a report to the legislature under s. 13.172 (2) that specifies for the previous year the number of class “A" violations, the amount of the forfeiture assessment for each of those violations and, if known, the amount of the forfeiture actually paid and collected with respect to those violations. The report shall also include an explanation for any assessment that was less than $2,500 for the violations specified in the report.

237,227 Section 227 . 50.065 (1) (am) of the statutes is created to read:

50.065 (1) (am) “Certificate of approval" means a certificate of approval issued under s. 50.35.

237,228 Section 228 . 50.065 (1) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

50.065 (1) (b) “Client" means a person who receives direct care or treatment services from an entity.

237,229 Section 229 . 50.065 (1) (c) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

50.065 (1) (c) (intro.) “Entity" means a facility, organization or service that is regulated, licensed or certified by or registered with the department to provide direct care or treatment services to clients. “Entity" includes a hospital, a personal care worker agency and a supportive home care service agency. “Entity" does not include any of the following:

237,230 Section 230 . 50.065 (1) (c) 3. of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

50.065 (1) (c) 3. A person certified as a medical assistance provider, as defined in s. 49.43 (10), who is not otherwise regulated approved under s. 50.065 (1) (cm), licensed or certified by or registered with the department.

237,231 Section 231 . 50.065 (1) (c) 5. of the statutes, as created by 1997 Wisconsin Act 27, is repealed.

237,232 Section 232 . 50.065 (1) (c) 6. of the statutes is created to read:

50.065 (1) (c) 6. A public health dispensary established under s. 252.10.

237,233 Section 233 . 50.065 (1) (cm) of the statutes is created to read:

50.065 (1) (cm) “Hospital" means a facility approved as a hospital under s. 50.35.

237,234 Section 234 . 50.065 (2) (a) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

50.065 (2) (a) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), the department may not license, certify, issue a certificate of approval to or register a person to operate an entity or continue the license, certification, certificate of approval or registration of a person to operate an entity if the department knows or should have known any of the following:

237,235 Section 235 . 50.065 (2) (am) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

50.065 (2) (am) (intro.) The Subject to subd. 5. and par. (bd), the department shall obtain all of the following with respect to a person specified under par. (a) (intro.) and a person specified under par. (ag) (intro.) who is a nonclient resident or prospective nonclient resident of an entity:

237,236 Section 236 . 50.065 (2) (am) 5. of the statutes is created to read:

50.065 (2) (am) 5. Information maintained by the department under this section regarding any denial to the person of a license, certification, certificate of approval or registration or of a continuation of a license, certification, certificate of approval or registration to operate an entity for a reason specified in par. (a) 1. to 5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the information obtained under this subdivision indicates that the person has been denied a license, certification, certificate of approval or registration, continuation of a license, certification, certificate of approval or registration, a contract, employment or permission to reside as described in this subdivision, the department need not obtain the information specified in subds. 1. to 4.

237,237 Section 237 . 50.065 (2) (b) 1. (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

50.065 (2) (b) 1. (intro.) Subject to subds. 1. e. and 2. and 3. par. (bd), every entity shall obtain all of the following with respect to a person specified under par. (ag) (intro.) who is an employe or contractor or a prospective employe or contractor of the entity:

237,238 Section 238 . 50.065 (2) (b) 1. e. of the statutes is created to read:

50.065 (2) (b) 1. e. Information maintained by the department under this section regarding any denial to the person of a license, certification, certificate of approval or registration or of a continuation of a license, certification, certificate of approval or registration to operate an entity for a reason specified in par. (a) 1. to 5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the information obtained under this subd. 1. e. indicates that the person has been denied a license, certification, certificate of approval or registration, continuation of a license, certification, certificate of approval or registration, a contract, employment or permission to reside as described in this subd. 1. e., the entity need not obtain the information specified in subd. 1. a. to d.

237,239 Section 239 . 50.065 (2) (b) 3. of the statutes, as created by 1997 Wisconsin Act 27, is renumbered 50.065 (2) (bd) and amended to read:

50.065 (2) (bd) Subdivision 1. does not apply Notwithstanding pars. (am) and (b) 1., the department is not required to obtain the information specified in par. (am) 1. to 5., and an entity is not required to obtain the information specified in par. (b) 1. a. to e., with respect to a person under 18 years of age whose background information form under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at the an entity for a reason specified in par. (ag) 1. to 5. and with respect to whom the department or entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with or permitted to reside at the an entity for any of those reasons. This paragraph does not preclude the department from obtaining, at its discretion, the information specified in par. (am) 1. to 5. with respect to a person described in this paragraph who is a nonclient resident or a prospective nonclient resident of an entity.

237,240 Section 240 . 50.065 (2) (bg) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

50.065 (2) (bg) If an entity takes an action specified in par. (ag) (intro.) with respect to a person an employe, prospective employe, contractor or prospective contractor for whom, within the last 4 years, the information required under par. (b) 1. a. to c. and e. has already been obtained, either by another entity or by a temporary employment agency, the entity may obtain the information required under par. (b) 1. a. to c. and e. from that other entity or temporary employment agency, which shall provide the information, if possible, to the entity. If an entity cannot obtain the information required under par. (b) 1. a. to c. and e. from another entity or from a temporary employment agency or if an entity has reasonable grounds to believe that any information obtained from another entity or from a temporary employment agency is no longer accurate, the entity shall obtain that information from the sources specified in par. (b) 1. a. to c and e.

237,241 Section 241 . 50.065 (2) (c) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

50.065 (2) (c) If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be employed, or contracted with or permitted to reside at an entity for a reason specified in par. (ag) 1. to 5., an entity may employ or contract with the person or permit the person to reside at the entity for not more than 60 days pending the receipt of the information sought under par. (b) 1. If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be permitted to reside at an entity for a reason specified in par. (ag) 1. to 5. and if an entity otherwise has no reason to believe that the person is ineligible to be permitted to reside at an entity for any of those reasons, the entity may permit the person to reside at the entity for not more than 60 days pending receipt of the information sought under par. (am). An entity shall provide supervision for a person who is employed or contracted with or permitted to reside as permitted under this paragraph.

237,242 Section 242 . 50.065 (3) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

50.065 (3) (a) Every 4 years or at any time within that period that the department considers appropriate, the department shall request the information specified in sub. (2) (am) 1. to 4. for all persons who are licensed to operate an entity and for all persons specified in par. (ag) (intro.) who are nonclient residents of an entity.

237,243 Section 243 . 50.065 (3) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

50.065 (3) (b) Every 4 years or at any other time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to d. for all persons specified in sub. (2) (ag) (intro.) who are employes or contractors of the entity.

237,244 Section 244 . 50.065 (3m) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

50.065 (3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department obtains the information required under sub. (2) (am) or (3) (a) with respect to a person specified in sub. (2) (a) (intro.) and that person is also an employe, contractor or nonclient resident of the entity, the entity is not required to obtain the information specified in sub. (2) (b) 1. or (3) (b) with respect to that person.

237,245 Section 245 . 50.065 (5) (intro.) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

50.065 (5) (intro.) The department may license , certify, issue a certificate of approval to or register to operate an entity a person who otherwise may not be licensed, certified, issued a certificate of approval or registered for a reason specified in sub. (2) (a) 1. to 5., and an entity may employ, contract with or permit to reside at the entity a person who otherwise may not be employed, contracted with or permitted to reside at the entity for a reason specified in sub. (2) (ag) 1. to 5., if the person demonstrates to the department by clear and convincing evidence and in accordance with procedures established by the department by rule that he or she has been rehabilitated. No person who has been convicted of any of the following offenses may be permitted to demonstrate that he or she has been rehabilitated:

237,247 Section 247 . 50.065 (5m) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

50.065 (5m) Notwithstanding s. 111.335, the department may refuse to license, certify or register, or issue a certificate of approval to, a person to operate an entity, and an entity may refuse to employ, contract with or permit to reside at the entity a person specified in sub. (2) (ag) (intro.), if the person has been convicted of an offense that the department has not defined as a “serious crime" by rule promulgated under sub. (7) (a), or specified in the list established by rule under sub. (7) (b), but that is, in the estimation of the department or entity, substantially related to the care of a client.

237,248 Section 248 . 50.065 (6) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

50.065 (6) (a) The department shall require any person who applies for issuance or continuation of a license, certification, certificate of approval or registration to operate an entity to complete a background information form that is provided by the department.

237,249 Section 249 . 50.065 (6) (b) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

50.065 (6) (b) For persons specified under par. (a) who are regulated, licensed, issued a certificate of approval or certified by, or registered with, the department, for person specified in par. (am) 2., and for other persons specified by the department by rule, the entity shall send the background information form to the department. For all other persons specified in par. (a) and for persons specified under par. (am) 1., the entity shall maintain the background information form on file for inspection by the department.

237,250 Section 250 . 50.065 (7) (a) of the statutes, as created by 1997 Wisconsin Act 27, is amended to read:

50.065 (7) (a) Establish by rule a definition of “serious crime" for the purpose of this section. The definition shall include only crimes or acts that are substantially related to the care of a client. The definition shall also include those offenses specified in sub. (5) (a) to (e) and shall include classes of crimes or acts involving abuse or neglect of a client or misappropriation of the property of a client for which no person who has committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated. The definition may also include other crimes or acts that do not involve abuse or neglect of a client but that are substantially related to the care of a client for which no person who committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated.

237,251g Section 251g. 50.095 (3) (intro.) of the statutes, as affected by 1997 Wisconsin Act 114, is amended to read:

50.095 (3) (intro.)  The By July 1, 1998, and annually thereafter, the department shall provide each nursing home and the office of the long-term care ombudsman with a report that includes the following information for the nursing home:

237,251h Section 251h. 50.095 (3) (a) of the statutes, as affected by 1997 Wisconsin Act 114, is repealed.

237,251i Section 251i. 50.095 (3) (am) of the statutes, as affected by 1997 Wisconsin Act 114, is created to read:

50.095 (3) (am) The ratio of nursing staff available to residents per shift at each skill level for the previous year for the nursing home, under criteria that the department shall promulgate as rules.

237,251j Section 251j. 50.095 (3) (b) of the statutes, as affected by 1997 Wisconsin Act 114, is amended to read:

50.095 (3) (b) The staff replacement rates for full-time and part-time nursing staff, nurse's assistants and administrators for the previous year for the nursing home and for all similar nursing homes in the same geographical area, as determined by the department.

237,251k Section 251k. 50.095 (3) (c) of the statutes, as affected by 1997 Wisconsin Act 114, is amended to read:

50.095 (3) (c) Violations of statutes or rules by the nursing home during the previous year for the nursing home and for all similar nursing homes in the same geographical area, as determined by the department.

237,251L Section 251L. 50.095 (3m) of the statutes, as affected by 1997 Wisconsin Act 114, is created to read:

50.095 (3m) The department shall prepare a simplified summary of the information required under sub. (3) (am) to (c), as specified by rule by the department. The summary shall be on one sheet of paper and shall be in language that is easily understood by laypersons. The summary shall state that a complete copy of the most recent report of inspection of the nursing home is available from the department, upon request, for a minimal fee.

237,251m Section 251m. 50.095 (4) of the statutes, as affected by 1997 Wisconsin Act 114, is amended to read:

50.095 (4) Upon receipt of a report under sub. (3), the nursing home shall make the report available to any person requesting the report. Upon receipt of a summary under sub. (3m), the nursing home shall provide a copy of the summary to every resident of the nursing home and his or her guardian, if any, to every prospective resident of the nursing home, if any, and to every person who accompanies a prospective resident or acts as the prospective resident's representative, as defined in s. 655.001 (12), if any.

237,252 Section 252 . 50.33 (1) of the statutes is renumbered 50.33 (1r).

237,253 Section 253 . 50.33 (1g) of the statutes is created to read:

50.33 (1g) “Critical access hospital" means a hospital that is designated by the department as meeting the requirements of 42 USC 1395i-4 (c) (2) (B) and is federally certified as meeting the requirements of 42 USC 1395i-4 (e).

237,254 Section 254 . 50.33 (2) (c) of the statutes is amended to read:

50.33 (2) (c) “Hospital" includes “special hospitals" or those hospital facilities providing primarily one that provide a limited type of medical or surgical care such as, but not in limitation thereof, including orthopedic hospitals, children's hospitals, critical access hospitals, mental hospitals, psychiatric hospitals or maternity hospitals.

237,255 Section 255 . 50.35 of the statutes, as affected by 1997 Wisconsin Act 93, is amended to read:

50.35 Application and approval. Application for approval to maintain a hospital shall be made to the department on forms provided by the department. On receipt of an application, the department shall, except as provided in s. 50.498, issue a certificate of approval if the applicant and hospital facilities meet the requirements established by the department. This Except as provided in s. 50.498, this approval shall be in effect until, for just cause and in the manner herein prescribed, it is suspended or revoked. The certificate of approval may be issued only for the premises and persons or governmental unit named in the application and is not transferable or assignable. The department shall withhold, suspend or revoke approval for a failure to comply with s. 165.40 (6) (a) 1. or 2., but, except as provided in s. 50.498, otherwise may not withhold, suspend or revoke approval unless for a substantial failure to comply with ss. 50.32 to 50.39 or the rules and standards adopted by the department after giving a reasonable notice, a fair hearing and a reasonable opportunity to comply. Failure by a hospital to comply with s. 50.36 (3m) shall be considered to be a substantial failure to comply under this section.

237,256 Section 256 . 50.49 (6) (a) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

50.49 (6) (a) The Except as provided in s. 50.498, the department shall issue a home health agency license if the applicant is fit and qualified, and if the home health agency meets the requirements established by this section. The department, or its designated representatives, shall make such inspections and investigations as are necessary to determine the conditions existing in each case and file written reports. Each licensee shall annually file a report with the department.

237,257 Section 257 . 50.49 (6) (b) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

50.49 (6) (b) A home health agency license is valid until suspended or revoked, except as provided in s. 50.498.

237,258 Section 258 . 50.49 (10) of the statutes is amended to read:

50.49 (10) Provisional licenses. A Except as provided in s. 50.498, a provisional license if approved by the department may be issued to any home health agency, the facilities of which are in use or needed for patients, but which is temporarily unable to conform to all the rules established under this section. A provisional license may not be issued for more than one year.

237,259 Section 259 . 50.498 of the statutes is created to read:

50.498 Denial, nonrenewal and revocation of license, certification or registration based on tax delinquency. (1) The department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing any of the following:

(a) A certificate of approval under s. 50.35.

(b) A license under s. 50.49 (6) (a).

(c) A provisional license under s. 50.49 (10).

(2) The department may not disclose any information received under sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

(3) The department shall deny an application for the issuance of a certificate of approval, license or provisional license specified in sub. (1) if the applicant does not provide the information specified in sub. (1).

(4) The department shall deny an application for the issuance of a certificate of approval, license or provisional license specified in sub. (1) or shall revoke a certificate of approval, license or provisional license specified in sub. (1), if the department of revenue certifies under s. 73.0301 that the applicant for or holder of the certificate of approval, license or provisional license is liable for delinquent taxes.

(5) An action taken under sub. (3) or (4) is subject to review only as provided under s. 73.0301 (2) (b) and (5).

237,260 Section 260 . 50.50 (1m) of the statutes is created to read: