1997 Wisconsin Act 237

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:

50.50 (1m) “Critical access hospital" has the meaning given in s. 50.33 (1g).

237,261 Section 261 . 50.50 (3) (a) 6. of the statutes is amended to read:

50.50 (3) (a) 6. A rural primary care critical access hospital.

237,262 Section 262 . 50.50 (6) of the statutes is amended to read:

50.50 (6) “Hospital" has the meaning given in s. 50.33 (2) (a) or (b), except that “hospital" does not include a rural primary care critical access hospital.

237,263 Section 263 . 50.50 (12) of the statutes is repealed.

237,264 Section 264 . 50.52 (2) (c) 3. of the statutes is amended to read:

50.52 (2) (c) 3. Is a rural primary care critical access hospital.

237,265 Section 265 . 50.56 (4) of the statutes is created to read:

50.56 (4) This subchapter may not be construed to limit a health care service that is included in a rural medical center from any tax-exempt financing or reimbursement, insurance, payment for services or other advantage for which a health care service that is not included in a rural medical center is eligible.

237,266 Section 266 . 51.032 of the statutes is created to read:

51.032 Denial and revocations of certification or approval 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 certification issued under s. 51.038.

(b) A certification issued under s. 51.04.

(c) A certification issued under rules required under s. 51.42 (7) (b) 11.

(d) A certification issued under rules required under s. 51.421 (3) (a).

(e) An approval issued under s. 51.45 (8).

(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 certification or approval 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 certification or approval specified in sub. (1) or shall revoke a certification or approval specified in sub. (1) if the department of revenue certifies under s. 73.0301 that the applicant for or holder of a certification or approval 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).

237,267 Section 267 . 51.038 of the statutes is amended to read:

51.038 Outpatient mental health clinic certification. If Except as provided in s. 51.032, if a facility that provides mental health services on an outpatient basis holds current accreditation from the council on accreditation of services for families and children, the department may accept evidence of this accreditation as equivalent to the standards established by the department, for the purpose of certifying the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f., a community aids funding recipient under s. 51.423 (2) or as mandated coverage under s. 632.89.

237,268 Section 268 . 51.04 of the statutes is amended to read:

51.04 Treatment facility certification. Any Except as provided in s. 51.032, any treatment facility may apply to the department for certification of the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f. or to a community aids funding recipient under s. 51.423 (2) or provided as mandated coverage under s. 632.89. The department shall annually charge a fee for each certification.

237,268f Section 268f. 51.20 (7) (am) of the statutes is amended to read:

51.20 (7) (am) A subject individual may not be examined, evaluated or treated for a nervous or mental disorder pursuant to a court order under this subsection unless the court first attempts to determine whether the person is an enrolled participant enrollee of a health maintenance organization, limited service health organization or preferred provider plan, as defined in s. 609.01, and, if so, notifies the organization or plan that the subject individual is in need of examination, evaluation or treatment for a nervous or mental disorder.

237,268m Section 268m. 51.30 (4) (a) of the statutes is amended to read:

51.30 (4) (a) Confidentiality of records. Except as otherwise provided in this chapter and ss. 118.125 (4), 905.03 and 905.04, all treatment records shall remain confidential and are privileged to the subject individual. Such records may be released only to the persons designated in this chapter or ss. 118.125 (4), 905.03 and 905.04, or to other designated persons with the informed written consent of the subject individual as provided in this section. This restriction applies to elected officials and to members of boards appointed under s. 51.42 (4) (a) or 51.437 (7) (a).

237,269 Section 269 . 51.42 (7) (b) 11. (intro.) of the statutes is amended to read:

51.42 (7) (b) 11. (intro.) Prescribe requirements for certification of community mental health programs, except as provided in s. 51.032, including all of the following:

237,270 Section 270 . 51.421 (3) (a) of the statutes is amended to read:

51.421 (3) (a) Promulgate rules establishing standards for the certified provision of community support programs by county departments under s. 51.42, except as provided in s. 51.032. The department shall establish standards that ensure that providers of services meet federal standards for certification of providers of community support program services under the medical assistance program, 42 USC 1396 to 1397e. The department shall develop the standards in consultation with representatives of county departments under s. 51.42, elected county officials and consumer advocates.

237,271 Section 271 . 51.45 (8) (a) of the statutes is amended to read:

51.45 (8) (a) The department shall establish minimum standards for approved treatment facilities that must be met for a treatment facility to be approved as a public or private treatment facility, except as provided in s. 51.032, and fix the fees to be charged by the department for the required inspections. The standards may concern only the health standards to be met and standards of treatment to be afforded patients and shall distinguish between facilities rendering different modes of treatment. In setting standards, the department shall consider the residents' needs and abilities, the services to be provided by the facility, and the relationship between the physical structure and the objectives of the program. Nothing in this subsection shall prevent county departments from establishing reasonable higher standards.

237,272 Section 272 . 51.45 (8) (e) of the statutes is amended to read:

51.45 (8) (e) The department, after notice and hearing, may under this subsection suspend, revoke, limit, or restrict an approval, or refuse to grant an approval, for failure to meet its standards.

237,273 Section 273 . 51.45 (8) (f) of the statutes is amended to read:

51.45 (8) (f) The circuit court may restrain any violation of this section, review any denial, restriction, or revocation of approval under this subsection, and grant other relief required to enforce its provisions.

237,274 Section 274 . 55.06 (6) of the statutes is amended to read:

55.06 (6) Section 880.33 (2) applies to all hearings under this chapter except for transfers of placement under sub. (9) (b), (c) and (e). A person to be protected shall have a guardian ad litem who is an attorney appointed in accordance with s. 757.48 (1) present at all hearings under this chapter if the person does not have full legal counsel. The court may, however, excuse a personal appearance by a guardian ad litem based on information contained in a written report by the guardian ad litem to the court. If the person is an adult who is indigent, the county of legal settlement shall be liable for guardian ad litem fees. If the person is a child, the person's parents or the county of legal settlement shall be liable for guardian ad litem fees as provided in s. 48.235 (8). The subject individual, attorney or guardian ad litem shall have the right to present and cross-examine witnesses, including any person making an evaluation or review under sub. (8) (c).

237,275 Section 275 . 55.06 (9) (b) of the statutes is amended to read: