Amendment ASA-AB150

AB150-ASA,1027,2 4. Inform the person that, unless a contested case hearing is requested to appeal the determination of the department of industry, labor and human relations, the person may be precluded from challenging any subsequent setoff of the certified amount by the department of revenue, except on the grounds that the certified amount has been partially or fully paid or otherwise discharged, since the date of the notice.

AB150-ASA,1027,5 5. Request that the person inform the department of industry, labor and human relations if a bankruptcy stay is in effect with respect to the person or if the claim has been discharged in bankruptcy.

AB150-ASA,1027,7 6. Inform the person that the person may need to contact the department of revenue in order to protect the refunds of spouses who are not liable for the claim.

AB150-ASA,1027,12 (4) (b) If a person has requested a hearing under this subsection, the department of industry, labor and human relations shall hold a contested case hearing under s. 227.44, except that the department of industry, labor and human relations may limit the scope of the hearing to exclude issues that were presented at a prior hearing or that could have been presented at a prior opportunity for hearing.

AB150-ASA, s. 3213 Section 3213. 49.86 of the statutes is created to read:

AB150-ASA,1028,2 49.86 Disbursement of funds and facsimile signatures. Withdrawal or disbursement of moneys deposited in a public depository, as defined in s. 34.01 (5), to the credit of the department of industry, labor and human relations or any of its divisions or agencies shall be by check, share draft or other draft signed by the secretary of industry, labor and human relations or by one or more persons in the department of industry, labor and human relations designated by written authorization of the secretary of industry, labor and human relations. Such checks, share drafts and other drafts shall be signed personally or by use of a mechanical device adopted by the secretary of industry, labor and human relations or his or her designees for affixing a facsimile signature. Any public depository shall be fully warranted and protected in making payment on any check, share draft or other draft bearing such facsimile signature notwithstanding that the facsimile may have been placed thereon without the authority of the secretary of industry, labor and human relations or his or her designees.

AB150-ASA, s. 3214 Section 3214. 49.89 (7) (bm) of the statutes is created to read:

AB150-ASA,1028,7 49.89 (7) (bm) The incentive payment shall be an amount equal to 15% of the amount recovered because of benefits paid as state supplemental payments under s. 49.77. The incentive payment shall be taken from the state share of the sum recovered.

AB150-ASA, s. 3215 Section 3215. 49.89 (7) (d) 2. of the statutes is created to read:

AB150-ASA,1028,14 49.89 (7) (d) 2. Any county or elected tribal governing body that has made a recovery under this section for which it is eligible to receive an incentive payment under par. (c) shall report such recovery to the department of industry, labor and human relations within 30 days after the end of the month in which the recovery is made in a manner specified by the department of industry, labor and human relations.

AB150-ASA, s. 3216 Section 3216. 49.90 (1) (b) of the statutes is amended to read:

AB150-ASA,1028,17 49.90 (1) (b) For purposes of this section those persons receiving benefits under federal Title XVI or under s. 49.177 49.77 shall not be deemed dependent persons.

AB150-ASA, s. 3216m Section 3216m. 49.90 (2) of the statutes is amended to read:

AB150-ASA,1029,4 49.90 (2) Upon failure of these relatives to provide maintenance the authorities or board shall submit to the corporation counsel a report of its findings. Upon receipt of the report the corporation counsel shall, within 60 days, apply to the circuit court for the county in which the dependent person under sub. (1) (a) 1. or the child of a dependent person under sub. (1) (a) 2. resides for an order to compel the maintenance. Upon such an application the corporation counsel shall make a written report to the county department under s. 46.215, 46.22 or 46.23, with a copy to the chairperson of the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department, and to the department of health and social services or the department of industry, labor and human relations, whichever is appropriate.

AB150-ASA, s. 3217 Section 3217. 49.90 (2g) of the statutes is amended to read:

AB150-ASA,1029,14 49.90 (2g) In addition to the remedy specified in sub. (2), upon failure of a grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who is or may be required to provide maintenance under sub. (1) (a) 2., a child of a dependent minor or the child's parent may apply to the circuit court for the county in which the child resides for an order to compel the provision of maintenance. A county department under s. 46.215, 46.22 or 46.23, a county child support agency or the department of industry, labor and human relations may initiate an action to obtain maintenance of the child by the child's grandparent under sub. (1) (a) 2., regardless of whether the child receives public assistance.

AB150-ASA, s. 3218 Section 3218. 49.90 (4) of the statutes is amended to read:

AB150-ASA,1030,16 49.90 (4) The circuit court shall in a summary way hear the allegations and proofs of the parties and by order require maintenance from these relatives, if they have sufficient ability, considering their own future maintenance and making reasonable allowance for the protection of the property and investments from which they derive their living and their care and protection in old age, in the following order: First the husband or wife; then the father and the mother; and then the grandparents in the instances in which sub. (1) (a) 2. applies. The order shall specify a sum which will be sufficient for the support of the dependent person under sub. (1) (a) 1. or the maintenance of a child of a dependent person under sub. (1) (a) 2., to be paid weekly or monthly, during a period fixed by the order or until the further order of the court. If the court is satisfied that any such relative is unable wholly to maintain the dependent person or the child, but is able to contribute to the person's support or the child's maintenance, the court may direct 2 or more of the relatives to maintain the person or the child and prescribe the proportion each shall contribute. If the court is satisfied that these relatives are unable together wholly to maintain the dependent person or the child, but are able to contribute to the person's support or the child's maintenance, the court shall direct a sum to be paid weekly or monthly by each relative in proportion to ability. Contributions directed by court order, if for less than full support, shall be paid to the department of health and social services and distributed as required by state and federal law. An order under this subsection that relates to maintenance required under sub. (1) (a) 2. shall specifically assign responsibility for and direct the manner of payment of the child's health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon application of any party affected by the order and upon like notice and procedure, the court may modify such an order. Obedience to such an order may be enforced by proceedings for contempt.

AB150-ASA, s. 3219b Section 3219b. 49.90 (6) of the statutes is amended to read:

AB150-ASA,1030,24 49.90 (6) If any relative who has been ordered to maintain an institutionalized dependent person or an institutionalized child of a dependent person under 18 years of age neglects to do as ordered, the authorities in charge of the dependent or child or in charge of the institution may recover in an action on behalf of the general relief agency or institution for general relief or support accorded the dependent person or child against such relative the sum prescribed for each week while the order was disobeyed and up to the time of judgment, with costs.

AB150-ASA, s. 3220 Section 3220 . 49.95 (4m) (a) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150-ASA,1031,8 49.95 (4m) (a) Without legal authority, sends or brings a person to a county, tribal governing body or municipality or advises a person to go to a county, tribal governing body or municipality for the purpose of obtaining relief funded by a relief block grant, aid to families with dependent children under s. 49.19, medical assistance under ss. 49.45 to 49.47 subch. IV or food stamps under 7 USC 2011 to 2029.

AB150-ASA, s. 3221b Section 3221b. 50.01 (1d) of the statutes is created to read:

AB150-ASA,1031,17 50.01 (1d) "Assisted living facility" means a place where 5 or more adults reside that consists of independent apartments, each of which has an individual lockable entrance and exit, a kitchen, including a stove, and individual bathroom, sleeping and living areas, and that provides, to a person who resides in the place, not more than 28 hours per week of services that are supportive, personal and nursing services. "Assisted living facility" does not include a nursing home or a community-based residential facility, but may be physically part of a structure that is a nursing home or community-based residential facility.

AB150-ASA, s. 3221e Section 3221e. 50.01 (1g) (f) of the statutes is created to read:

AB150-ASA,1031,19 50.01 (1g) (f) An assisted living facility.

AB150-ASA, s. 3221g Section 3221g. 50.01 (3) (e) of the statutes is created to read:

AB150-ASA,1031,21 50.01 (3) (e) An assisted living facility.

AB150-ASA, s. 3222 Section 3222. 50.02 (1) of the statutes is amended to read:

AB150-ASA,1032,12 50.02 (1) Departmental authority. The department may provide uniform, statewide licensing, inspection and regulation of community-based residential facilities and nursing homes as provided in this subchapter. The department shall certify, inspect and otherwise regulate adult family homes, as specified under s. 50.032 and shall license adult family homes, as specified under s. 50.033. Nothing in this subchapter may be construed to limit the authority of the department of industry, labor and human relations development or of municipalities to set standards of building safety and hygiene, but any local orders of municipalities shall be consistent with uniform, statewide regulation of community-based residential facilities. The department may not prohibit any nursing home from distributing over-the-counter drugs from bulk supply. The department may consult with nursing homes as needed and may provide specialized consultations when requested by any nursing home, separate from its inspection process, to scrutinize any particular questions the nursing home raises. The department shall, by rule, define "specialized consultation".

AB150-ASA, s. 3223 Section 3223. 50.02 (2) (a) of the statutes is amended to read:

AB150-ASA,1033,2 50.02 (2) (a) The department, by rule, shall develop, establish and enforce regulations and standards for the care, treatment, health, safety, rights, welfare and comfort of residents in community-based residential facilities and nursing homes and for the construction, general hygiene, maintenance and operation of those facilities which, in the light of advancing knowledge, will promote safe and adequate accommodation, care and treatment of residents in those facilities; and promulgate and enforce rules consistent with this section. Such standards and rules shall provide that intermediate care facilities, which have 16 or fewer beds may, if exempted from meeting certain physical plant, staffing and other requirements of the federal regulations, be exempted from meeting the corresponding provisions of the department's standards and rules. The department shall consult with the department of industry, labor and human relations development when developing exemptions relating to physical plant requirements.

AB150-ASA, s. 3225 Section 3225. 50.02 (2) (b) of the statutes is renumbered 50.02 (2) (b) 1. and amended to read:

AB150-ASA,1033,9 50.02 (2) (b) 1. The department may shall conduct plan reviews of all capital construction and remodeling of nursing homes to ensure that the plans comply with building code requirements under ch. 101 and with life safety code and physical plant requirements under s. 49.498, this chapter or under rules promulgated under this chapter.

AB150-ASA,1033,15 2. The department shall promulgate rules that establish a fee schedule for its services under subd. 1. in conducting the plan reviews. The schedule established under these rules shall set fees for nursing home plan reviews in amounts that are less than the sum of the amounts required on September 30, 1995, for fees under this paragraph and for fees for examination of nursing home plans under s. 101.19 (1) (a), 1993 stats.

AB150-ASA, s. 3227 Section 3227. 50.03 (4) (a) 1. b. of the statutes is amended to read:

AB150-ASA,1034,9 50.03 (4) (a) 1. b. Except as provided in sub. (4m) (b), the department shall issue a license for a community-based residential facility if it finds the applicant to be fit and qualified, if it finds that the community-based residential facility meets the requirements established by this subchapter and if the community-based residential facility has paid the license fee under s. 140.85 (2) (a) 50.037 (2) (a). In determining whether to issue a license for a community-based residential facility, the department may consider any action by the applicant or by an employe of the applicant that constitutes a substantial failure by the applicant or employe to protect and promote the health, safety or welfare of a resident. The department may deny licensure to or not renew licensure for any person who conducted, maintained, operated or permitted to be maintained or operated a community-based residential facility for which licensure was revoked. The department, or its designee, shall make such inspections and investigations as are necessary to determine the conditions existing in each case and shall file written reports. Before renewing the license of any community-based residential facility, the department shall consider all complaints filed under sub. (2) (f) during the current license period and the disposition of each. The department shall promulgate rules defining "fit and qualified" for the purposes of this subd. 1. b.

AB150-ASA, s. 3228 Section 3228. 50.03 (4) (c) of the statutes is renumbered 50.03 (4) (c) 1. and amended to read:

AB150-ASA,1034,24 50.03 (4) (c) 1. Unless sooner revoked or suspended, a community-based residential facility license shall be is valid for one year. Unless sooner revoked or suspended, a nursing home license is valid for one year, but may be issued to a new licensee for less than one year to coincide with the date of federal medical assistance certification as a skilled nursing facility or intermediate care facility 24 months. At least 120 days but not more than 150 30 days prior to license expiration, the applicant shall submit an annual a biennial report and application for renewal of the license in such the form and containing such the information as that the department requires. If the report and application are approved, the license shall be renewed for an additional one-year 24-month period. If the application for renewal and a complete annual report are not timely filed, the department shall issue a warning to the licensee. Failure to make application for renewal within 30 days there after may be after receipt of the warning is grounds for nonrenewal of the license.

AB150-ASA, s. 3229 Section 3229. 50.03 (4) (c) 2. of the statutes is created to read:

AB150-ASA,1035,11 50.03 (4) (c) 2. Unless sooner revoked or suspended, a nursing home license is valid for 12 months, but may be issued to a new licensee for less than 12 months to coincide with the date of federal medical assistance certification as a skilled nursing facility or intermediate care facility. At least 120 days but not more than 150 days prior to license expiration, the applicant shall submit an annual report and application for renewal of the license in the form and containing the information that the department requires. If the report and application are approved, the license shall be renewed for an additional 12-month period. If the application for renewal and a complete annual report are not timely filed, the department shall issue a warning to the licensee. Failure to make application for renewal within 30 days after receipt of the warning is grounds for nonrenewal of the license.

AB150-ASA, s. 3230 Section 3230. 50.03 (5g) (c) (intro.) of the statutes is amended to read:

AB150-ASA,1035,21 50.03 (5g) (c) (intro.) If the department provides to a community-based residential facility written notice of the grounds for a sanction or penalty, an explanation of the types of sanctions or penalties that the department may impose under this subsection and an explanation of the process for appealing a sanction or penalty imposed under this subsection, the department may impose any of the following against a licensee or other person who violates the applicable provisions of this section or rules promulgated under the applicable provisions of this section or who fails to comply with an order issued under par. (b) by the time specified in the order:

AB150-ASA, s. 3231 Section 3231. 50.03 (5g) (c) 1. a. of the statutes is amended to read:

AB150-ASA,1036,3 50.03 (5g) (c) 1. a. Within the limits specified in this subdivision, the department may, by rule, set daily forfeiture amounts and payment deadlines based on the size and type of community-based residential facility and the seriousness of the violation. As part of the order, the The department may set daily forfeiture amounts that increase periodically within the statutory limits if there is continued failure to comply with an order issued under par. (b).

AB150-ASA, s. 3231m Section 3231m. 50.03 (5g) (c) 1. c. of the statutes is amended to read:

AB150-ASA,1036,11 50.03 (5g) (c) 1. c. All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (f), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order under s. 50.03 (11). The department shall remit all forfeitures paid under this subdivision to the state treasurer secretary of administration for deposit in the school fund.

AB150-ASA, s. 3232 Section 3232. 50.03 (14) (b) of the statutes is amended to read:

AB150-ASA,1036,20 50.03 (14) (b) The county departments of the county in which the facility is located that are responsible for providing services under s. 46.215 (1) (L), 46.22 (1) (b) 7. a. 1. c., 51.42 or 51.437 shall participate in the development and implementation of individual relocation plans. Any county department of another county shall participate in the development and implementation of individual relocation plans in place of the county departments of the county in which the facility is located, if the county department accepts responsibility for the resident or is delegated responsibility for the resident by the department or by a court.

AB150-ASA, s. 3233 Section 3233. 50.033 (2) of the statutes is amended to read:

AB150-ASA,1037,5 50.033 (2) Regulation. Standards for operation of licensed adult family homes and procedures for application for licensure, monitoring, inspection, revocation and appeal of revocation shall be under rules promulgated by the department under s. 50.02 (2) (am) 2. Licensure shall be for a term not to exceed 12 24 months from the date of issuance and is not transferable. The biennial licensure fee for a licensed adult family home is $75. The fee is payable to the county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437, if the county department licenses the adult family home under sub. (1m) (b), and is payable to the department if the department licenses the adult family home under sub. (1m) (b).

AB150-ASA, s. 3234b Section 3234b. 50.034 of the statutes is created to read:

AB150-ASA,1037,16 50.034 Assisted living facilities. (1) Certification or registration required. (a) No person may operate an assisted living facility that provides living space for residents who are clients under s. 46.27 (11) or 46.277 and publicly funded services as a home health agency or under contract with a county department under s. 46.215, 46.22, 46.23, 51.42 or 51.437 that is a home health agency unless the assisted living facility is certified by the department under this section. The department may charge a fee, in an amount determined by the department, for certification under this paragraph. The amount of any fee charged by the department for certification of an assisted living facility need not be promulgated as a rule under ch. 227.

AB150-ASA,1037,19 (b) No person may operate an assisted living facility that is not certified as required under par. (a) unless the assisted living facility is registered by the department.

AB150-ASA,1037,22 (2) Rules. The department shall promulgate all of the following rules for the regulation of certified assisted living facilities and for the registration of assisted living facilities under this section:

AB150-ASA,1037,24 (a) Defining the term "kitchen, including a stove" for purposes of the definition of "assisted living facility" under s. 50.01 (1d).

AB150-ASA,1037,25 (b) Establishing standards for operation of certified assisted living facilities.

AB150-ASA,1038,3 (c) Establishing minimum information requirements for registration and registration application procedures and forms for assisted living facilities that are not certified.

AB150-ASA,1038,4 (d) Establishing procedures for monitoring certified assisted living facilities.

AB150-ASA,1038,7 (e) Establishing intermediate sanctions and penalties for and standards and procedures for imposing intermediate sanctions or penalties on certified assisted living facilities and for appeals of intermediate sanctions or penalties.

AB150-ASA,1038,9 (f) Establishing standards and procedures for appeals of revocations of certification or refusal to issue or renew certification.

AB150-ASA,1038,11 (3) Requirements for operation. A certified or registered assisted living facility shall do all of the following:

AB150-ASA,1038,15 (a) Establish, with each resident of the assisted living facility, a mutually agreed-upon written service agreement that identifies the services to be provided to the resident, based on a comprehensive assessment of the resident's needs and preferences that is conducted by one of the following:

AB150-ASA,1038,17 1. For residents for whom services are reimbursable under s. 46.27 (11), by the county department or aging unit designated under s. 46.27 (3) (b) in the county.

AB150-ASA,1038,19 2. For residents for whom services are reimbursable under s. 46.277, by the county department under s. 46.277 (4) (a) in the county.

AB150-ASA,1038,21 3. For residents who have private or 3rd-party funding, by the assisted living facility.

AB150-ASA,1038,23 (b) Establish a schedule of fees for services to residents of the assisted living facility.

AB150-ASA,1039,3 (c) Provide or ensure the provision of services that are sufficient and qualified to meet the needs identified in a resident's service agreement under par. (a), to meet unscheduled care needs and to provide emergency assistance 24 hours a day.

AB150-ASA,1039,6 (d) Establish, with each resident of the assisted living facility, a signed, negotiated risk agreement that identifies situations that could put the resident at risk and for which the resident understands and accepts responsibility.

AB150-ASA,1039,10 (4) Limitation on number of assisted living facility units. (a) The maximum number of individual units of assisted living facilities that the department may certify or register for operation is 1,500 units, which may be implemented only as follows:

AB150-ASA,1039,11 1. In fiscal year 1996-97, not more than a total of 600 units.

AB150-ASA,1039,12 2. In fiscal year 1997-98, not more than a total, in the aggregate, of 900 units.

AB150-ASA,1039,14 3. In fiscal year 1998-99 and thereafter, not more than a total, in the aggregate, of 1,500 units.

AB150-ASA,1039,18 (b) An assisted living facility may not be newly constructed and a nursing home or a community-based residential facility may not convert a separate area of its total area to an assisted living facility unless the department first approves the construction or conversion.

AB150-ASA,1039,23 (c) If the department receives in a fiscal year applications for certification or registration of assisted living facilities that exceed the maximum number of individual units that may be registered or certified, as specified in par. (a), the department may select applications for approval, within the maximum limits specified, based on all of the following criteria:

AB150-ASA,1039,24 1. The geographical distribution of the state's population of elderly persons.

AB150-ASA,1040,2 2. Whether or not the assisted living facility proposes to serve both publicly funded residents and residents who pay privately for services.

AB150-ASA,1040,3 3. Whether or not a closure of nursing home beds would result.

AB150-ASA,1040,5 4. Whether or not certification or registration of the assisted living facility would alleviate a shortage of long-term care facilities in the area.

AB150-ASA,1040,9 (d) The department may charge an application fee of $300 to any facility applying for certification or registration as an assisted living facility under par. (c). The amounts of fees received under this paragraph shall be credited to the appropriation under s. 20.435 (1) (gn).

AB150-ASA,1040,14 (5) Use of name prohibited. An entity that does not meet the definition under s. 50.01 (1d) may not designate itself as an "assisted living facility" or use the word "assisted living facility" to represent or tend to represent the entity as an assisted living facility or services provided by the entity as services provided by an assisted living facility.

AB150-ASA,1040,19 (6) Funding. Funding for supportive, personal or nursing services that a person who resides in an assisted living facility receives, other than private or 3rd-party funding, may be provided only under s. 46.27 (11) (c) 7. or 46.277 (5) (e), unless the provider of the services is a certified medical assistance provider under s. 49.45 (3) (a).

AB150-ASA,1041,3 (7) Revocation of certification. Certification for an assisted living facility may be revoked because of the substantial and intentional violation of this section or of rules promulgated by the department under sub. (2) or because of failure to meet the minimum requirements for certification. The operator of the certified assisted living facility shall be given written notice of any revocation of certification and the grounds for the revocation. Any assisted living facility certification applicant or operator of a certified assisted living facility may, if aggrieved by the failure to issue or renew the certification or by revocation of certification, appeal under the procedures specified by the department by rule under sub. (2).

AB150-ASA, s. 3235 Section 3235. 50.035 (2) (a) 3. of the statutes is amended to read:

AB150-ASA,1041,9 50.035 (2) (a) 3. The department or the department of industry, labor and human relations development may waive the requirement under subd. 1. or 2. for a community-based residential facility that has a smoke detection or sprinkler system in place that is at least as effective for fire protection as the type of system required under the relevant subdivision.

AB150-ASA, s. 3236 Section 3236. 50.035 (2) (b) (intro.) of the statutes is amended to read:

AB150-ASA,1041,14 50.035 (2) (b) (intro.) No facility may install a smoke detection system that fails to receive the approval of the department or of the department of industry, labor and human relations development. At least one smoke detector shall be located at each of the following locations:

AB150-ASA, s. 3237 Section 3237. 50.035 (7) of the statutes is created to read: