AB150-ASA, s. 3223 13Section 3223. 50.02 (2) (a) of the statutes is amended to read:
AB150-ASA,1033,214 50.02 (2) (a) The department, by rule, shall develop, establish and enforce
15regulations and standards for the care, treatment, health, safety, rights, welfare and
16comfort of residents in community-based residential facilities and nursing homes
17and for the construction, general hygiene, maintenance and operation of those
18facilities which, in the light of advancing knowledge, will promote safe and adequate
19accommodation, care and treatment of residents in those facilities; and promulgate
20and enforce rules consistent with this section. Such standards and rules shall
21provide that intermediate care facilities, which have 16 or fewer beds may, if
22exempted from meeting certain physical plant, staffing and other requirements of
23the federal regulations, be exempted from meeting the corresponding provisions of
24the department's standards and rules. The department shall consult with the

1department of industry, labor and human relations development when developing
2exemptions relating to physical plant requirements.
AB150-ASA, s. 3225 3Section 3225. 50.02 (2) (b) of the statutes is renumbered 50.02 (2) (b) 1. and
4amended to read:
AB150-ASA,1033,95 50.02 (2) (b) 1. The department may shall conduct plan reviews of all capital
6construction and remodeling of nursing homes to ensure that the plans comply with
7building code requirements under ch. 101 and with life safety code and physical plant
8requirements under s. 49.498, this chapter or under rules promulgated under this
9chapter.
AB150-ASA,1033,15 102. The department shall promulgate rules that establish a fee schedule for its
11services under subd. 1. in conducting the plan reviews. The schedule established
12under these rules shall set fees for nursing home plan reviews in amounts that are
13less than the sum of the amounts required on September 30, 1995, for fees under this
14paragraph and for fees for examination of nursing home plans under s. 101.19 (1) (a),
151993 stats.
AB150-ASA, s. 3227 16Section 3227. 50.03 (4) (a) 1. b. of the statutes is amended to read:
AB150-ASA,1034,917 50.03 (4) (a) 1. b. Except as provided in sub. (4m) (b), the department shall issue
18a license for a community-based residential facility if it finds the applicant to be fit
19and qualified, if it finds that the community-based residential facility meets the
20requirements established by this subchapter and if the community-based
21residential facility has paid the license fee under s. 140.85 (2) (a) 50.037 (2) (a). In
22determining whether to issue a license for a community-based residential facility,
23the department may consider any action by the applicant or by an employe of the
24applicant that constitutes a substantial failure by the applicant or employe to protect
25and promote the health, safety or welfare of a resident. The department may deny

1licensure to or not renew licensure for any person who conducted, maintained,
2operated or permitted to be maintained or operated a community-based residential
3facility for which licensure was revoked. The department, or its designee, shall make
4such inspections and investigations as are necessary to determine the conditions
5existing in each case and shall file written reports. Before renewing the license of
6any community-based residential facility, the department shall consider all
7complaints filed under sub. (2) (f) during the current license period and the
8disposition of each. The department shall promulgate rules defining "fit and
9qualified" for the purposes of this subd. 1. b.
AB150-ASA, s. 3228 10Section 3228. 50.03 (4) (c) of the statutes is renumbered 50.03 (4) (c) 1. and
11amended to read:
AB150-ASA,1034,2412 50.03 (4) (c) 1. Unless sooner revoked or suspended, a community-based
13residential facility license shall be is valid for one year. Unless sooner revoked or
14suspended, a nursing home license is valid for one year, but may be issued to a new
15licensee for less than one year to coincide with the date of federal medical assistance
16certification as a skilled nursing facility or intermediate care facility
24 months. At
17least 120 days but not more than 150 30 days prior to license expiration, the applicant
18shall submit an annual a biennial report and application for renewal of the license
19in such the form and containing such the information as that the department
20requires. If the report and application are approved, the license shall be renewed for
21an additional one-year 24-month period. If the application for renewal and a
22complete annual report are not timely filed, the department shall issue a warning
23to the licensee. Failure to make application for renewal within 30 days there after
24may be
after receipt of the warning is grounds for nonrenewal of the license.
AB150-ASA, s. 3229 25Section 3229. 50.03 (4) (c) 2. of the statutes is created to read:
AB150-ASA,1035,11
150.03 (4) (c) 2. Unless sooner revoked or suspended, a nursing home license is
2valid for 12 months, but may be issued to a new licensee for less than 12 months to
3coincide with the date of federal medical assistance certification as a skilled nursing
4facility or intermediate care facility. At least 120 days but not more than 150 days
5prior to license expiration, the applicant shall submit an annual report and
6application for renewal of the license in the form and containing the information that
7the department requires. If the report and application are approved, the license shall
8be renewed for an additional 12-month period. If the application for renewal and a
9complete annual report are not timely filed, the department shall issue a warning
10to the licensee. Failure to make application for renewal within 30 days after receipt
11of the warning is grounds for nonrenewal of the license.
AB150-ASA, s. 3230 12Section 3230. 50.03 (5g) (c) (intro.) of the statutes is amended to read:
AB150-ASA,1035,2113 50.03 (5g) (c) (intro.) If the department provides to a community-based
14residential facility written notice of the grounds for a sanction or penalty, an
15explanation of the types of sanctions or penalties that the department may impose
16under this subsection and an explanation of the process for appealing a sanction or
17penalty imposed under this subsection, the department may impose any of the
18following against a licensee or other person who violates the applicable provisions
19of this section or rules promulgated under the applicable provisions of this section
20or who
fails to comply with an order issued under par. (b) by the time specified in the
21order:
AB150-ASA, s. 3231 22Section 3231. 50.03 (5g) (c) 1. a. of the statutes is amended to read:
AB150-ASA,1036,323 50.03 (5g) (c) 1. a. Within the limits specified in this subdivision, the
24department may, by rule, set daily forfeiture amounts and payment deadlines based
25on the size and type of community-based residential facility and the seriousness of

1the violation. As part of the order, the The department may set daily forfeiture
2amounts that increase periodically within the statutory limits if there is continued
3failure to comply with an order issued under par. (b).
AB150-ASA, s. 3231m 4Section 3231m. 50.03 (5g) (c) 1. c. of the statutes is amended to read:
AB150-ASA,1036,115 50.03 (5g) (c) 1. c. All forfeitures shall be paid to the department within 10 days
6after receipt of notice of assessment or, if the forfeiture is contested under par. (f),
7within 10 days after receipt of the final decision after exhaustion of administrative
8review, unless the final decision is appealed and the order is stayed by court order
9under s. 50.03 (11). The department shall remit all forfeitures paid under this
10subdivision to the state treasurer secretary of administration for deposit in the
11school fund.
AB150-ASA, s. 3232 12Section 3232. 50.03 (14) (b) of the statutes is amended to read:
AB150-ASA,1036,2013 50.03 (14) (b) The county departments of the county in which the facility is
14located that are responsible for providing services under s. 46.215 (1) (L), 46.22 (1)
15(b) 7. a. 1. c., 51.42 or 51.437 shall participate in the development and
16implementation of individual relocation plans. Any county department of another
17county shall participate in the development and implementation of individual
18relocation plans in place of the county departments of the county in which the facility
19is located, if the county department accepts responsibility for the resident or is
20delegated responsibility for the resident by the department or by a court.
AB150-ASA, s. 3233 21Section 3233. 50.033 (2) of the statutes is amended to read:
AB150-ASA,1037,522 50.033 (2) Regulation. Standards for operation of licensed adult family homes
23and procedures for application for licensure, monitoring, inspection, revocation and
24appeal of revocation shall be under rules promulgated by the department under s.
2550.02 (2) (am) 2. Licensure shall be for a term not to exceed 12 24 months from the

1date of issuance and is not transferable. The biennial licensure fee for a licensed
2adult family home is $75. The fee is payable to the county department under s.
346.215, 46.22, 46.23, 51.42 or 51.437, if the county department licenses the adult
4family home under sub. (1m) (b), and is payable to the department if the department
5licenses the adult family home under sub. (1m) (b).
AB150-ASA, s. 3234b 6Section 3234b. 50.034 of the statutes is created to read:
AB150-ASA,1037,16 750.034 Assisted living facilities. (1) Certification or registration
8required.
(a) No person may operate an assisted living facility that provides living
9space for residents who are clients under s. 46.27 (11) or 46.277 and publicly funded
10services as a home health agency or under contract with a county department under
11s. 46.215, 46.22, 46.23, 51.42 or 51.437 that is a home health agency unless the
12assisted living facility is certified by the department under this section. The
13department may charge a fee, in an amount determined by the department, for
14certification under this paragraph. The amount of any fee charged by the
15department for certification of an assisted living facility need not be promulgated as
16a rule under ch. 227.
AB150-ASA,1037,1917 (b) No person may operate an assisted living facility that is not certified as
18required under par. (a) unless the assisted living facility is registered by the
19department.
AB150-ASA,1037,22 20(2) Rules. The department shall promulgate all of the following rules for the
21regulation of certified assisted living facilities and for the registration of assisted
22living facilities under this section:
AB150-ASA,1037,2423 (a) Defining the term "kitchen, including a stove" for purposes of the definition
24of "assisted living facility" under s. 50.01 (1d).
AB150-ASA,1037,2525 (b) Establishing standards for operation of certified assisted living facilities.
AB150-ASA,1038,3
1(c) Establishing minimum information requirements for registration and
2registration application procedures and forms for assisted living facilities that are
3not certified.
AB150-ASA,1038,44 (d) Establishing procedures for monitoring certified assisted living facilities.
AB150-ASA,1038,75 (e) Establishing intermediate sanctions and penalties for and standards and
6procedures for imposing intermediate sanctions or penalties on certified assisted
7living facilities and for appeals of intermediate sanctions or penalties.
AB150-ASA,1038,98 (f) Establishing standards and procedures for appeals of revocations of
9certification or refusal to issue or renew certification.
AB150-ASA,1038,11 10(3) Requirements for operation. A certified or registered assisted living
11facility shall do all of the following:
AB150-ASA,1038,1512 (a) Establish, with each resident of the assisted living facility, a mutually
13agreed-upon written service agreement that identifies the services to be provided to
14the resident, based on a comprehensive assessment of the resident's needs and
15preferences that is conducted by one of the following:
AB150-ASA,1038,1716 1. For residents for whom services are reimbursable under s. 46.27 (11), by the
17county department or aging unit designated under s. 46.27 (3) (b) in the county.
AB150-ASA,1038,1918 2. For residents for whom services are reimbursable under s. 46.277, by the
19county department under s. 46.277 (4) (a) in the county.
AB150-ASA,1038,2120 3. For residents who have private or 3rd-party funding, by the assisted living
21facility.
AB150-ASA,1038,2322 (b) Establish a schedule of fees for services to residents of the assisted living
23facility.
AB150-ASA,1039,3
1(c) Provide or ensure the provision of services that are sufficient and qualified
2to meet the needs identified in a resident's service agreement under par. (a), to meet
3unscheduled care needs and to provide emergency assistance 24 hours a day.
AB150-ASA,1039,64 (d) Establish, with each resident of the assisted living facility, a signed,
5negotiated risk agreement that identifies situations that could put the resident at
6risk and for which the resident understands and accepts responsibility.
AB150-ASA,1039,10 7(4) Limitation on number of assisted living facility units. (a) The maximum
8number of individual units of assisted living facilities that the department may
9certify or register for operation is 1,500 units, which may be implemented only as
10follows:
AB150-ASA,1039,1111 1. In fiscal year 1996-97, not more than a total of 600 units.
AB150-ASA,1039,1212 2. In fiscal year 1997-98, not more than a total, in the aggregate, of 900 units.
AB150-ASA,1039,1413 3. In fiscal year 1998-99 and thereafter, not more than a total, in the aggregate,
14of 1,500 units.
AB150-ASA,1039,1815 (b) An assisted living facility may not be newly constructed and a nursing home
16or a community-based residential facility may not convert a separate area of its total
17area to an assisted living facility unless the department first approves the
18construction or conversion.
AB150-ASA,1039,2319 (c) If the department receives in a fiscal year applications for certification or
20registration of assisted living facilities that exceed the maximum number of
21individual units that may be registered or certified, as specified in par. (a), the
22department may select applications for approval, within the maximum limits
23specified, based on all of the following criteria:
AB150-ASA,1039,2424 1. The geographical distribution of the state's population of elderly persons.
AB150-ASA,1040,2
12. Whether or not the assisted living facility proposes to serve both publicly
2funded residents and residents who pay privately for services.
AB150-ASA,1040,33 3. Whether or not a closure of nursing home beds would result.
AB150-ASA,1040,54 4. Whether or not certification or registration of the assisted living facility
5would alleviate a shortage of long-term care facilities in the area.
AB150-ASA,1040,96 (d) The department may charge an application fee of $300 to any facility
7applying for certification or registration as an assisted living facility under par. (c).
8The amounts of fees received under this paragraph shall be credited to the
9appropriation under s. 20.435 (1) (gn).
AB150-ASA,1040,14 10(5) Use of name prohibited. An entity that does not meet the definition under
11s. 50.01 (1d) may not designate itself as an "assisted living facility" or use the word
12"assisted living facility" to represent or tend to represent the entity as an assisted
13living facility or services provided by the entity as services provided by an assisted
14living facility.
AB150-ASA,1040,19 15(6) Funding. Funding for supportive, personal or nursing services that a
16person who resides in an assisted living facility receives, other than private or
173rd-party funding, may be provided only under s. 46.27 (11) (c) 7. or 46.277 (5) (e),
18unless the provider of the services is a certified medical assistance provider under
19s. 49.45 (3) (a).
AB150-ASA,1041,3 20(7) Revocation of certification. Certification for an assisted living facility
21may be revoked because of the substantial and intentional violation of this section
22or of rules promulgated by the department under sub. (2) or because of failure to meet
23the minimum requirements for certification. The operator of the certified assisted
24living facility shall be given written notice of any revocation of certification and the
25grounds for the revocation. Any assisted living facility certification applicant or

1operator of a certified assisted living facility may, if aggrieved by the failure to issue
2or renew the certification or by revocation of certification, appeal under the
3procedures specified by the department by rule under sub. (2).
AB150-ASA, s. 3235 4Section 3235. 50.035 (2) (a) 3. of the statutes is amended to read:
AB150-ASA,1041,95 50.035 (2) (a) 3. The department or the department of industry, labor and
6human relations
development may waive the requirement under subd. 1. or 2. for a
7community-based residential facility that has a smoke detection or sprinkler system
8in place that is at least as effective for fire protection as the type of system required
9under the relevant subdivision.
AB150-ASA, s. 3236 10Section 3236. 50.035 (2) (b) (intro.) of the statutes is amended to read:
AB150-ASA,1041,1411 50.035 (2) (b) (intro.) No facility may install a smoke detection system that fails
12to receive the approval of the department or of the department of industry, labor and
13human relations
development. At least one smoke detector shall be located at each
14of the following locations:
AB150-ASA, s. 3237 15Section 3237. 50.035 (7) of the statutes is created to read:
AB150-ASA,1041,2216 50.035 (7) Statement of financial condition required. (a) No
17community-based residential facility may initially admit as a resident an individual
18who applies for admission to the facility and who intends to pay for residence in the
19facility from private funds, unless the individual provides certain financial
20information to the community-based residential facility. From this information, the
21community-based residential facility shall prepare and provide to the individual a
22statement of financial condition to which all of the following apply:
AB150-ASA,1041,2323 1. The statement is pertinent to the individual.
AB150-ASA,1042,3
12. The statement estimates a date, if any, by which the individual's assets and
2other private funding sources would be depleted if the individual resides
3continuously in the community-based residential facility.
AB150-ASA,1042,64 3. The statement indicates that public funding may not be available when the
5individual's assets and other private funding sources, if any, are depleted and
6specifies options that may be available to the individual at that time.
AB150-ASA,1042,107 (b) The individual shall waive his or her right to confidentiality for the
8information provided under par. (a), to the administrator of the community-based
9residential facility, to the preparer of the statement of financial condition and, if par.
10(c) applies, to the county department under s. 46.215 or 46.22.
AB150-ASA,1042,1411 (c) If the date estimated under par. (a) 2. is less than 24 months after the date
12of the individual's statement of financial condition, the community-based
13residential facility shall provide the statement to the county department under s.
1446.215 or 46.22.
AB150-ASA, s. 3238m 15Section 3238m. 50.037 (2) (a) of the statutes is amended to read:
AB150-ASA,1042,1816 50.037 (2) (a) The annual biennial fee for a community-based residential
17facility is $75 $170, plus an annual fee of $10 $22 per resident, based on the number
18of residents that the facility is licensed to serve.
AB150-ASA, s. 3239 19Section 3239. 50.037 (2) (c) of the statutes is amended to read:
AB150-ASA,1043,220 50.037 (2) (c) A community-based residential facility that wishes to renew a
21license issued under s. 50.03 (4) (a) 1. b. and that fails to submit the annual biennial
22fee prior to the renewal date of the license, or a new community-based residential
23facility subject to this section that fails to submit the annual biennial fee by 30 days
24prior to the opening of the new community-based residential facility, shall pay an

1additional fee of $10 per day for every day after the deadline that the facility does not
2pay the fee.
AB150-ASA, s. 3240 3Section 3240. 50.037 (3) of the statutes is amended to read:
AB150-ASA,1043,74 50.037 (3) Exemption. Community-based residential facilities where the total
5monthly charges for each resident do not exceed the monthly state supplemental
6payment rate under s. 49.177 (3s) 49.77 (3s) that is in effect at the time the fee under
7sub. (2) is assessed are exempt from this section.
AB150-ASA, s. 3240m 8Section 3240m. 50.04 (4) (e) 1. of the statutes is amended to read:
AB150-ASA,1044,99 50.04 (4) (e) 1. If a nursing home desires to contest any department action
10under this subsection or under federal law requiring the department, as the
11designated medical assistance agency
, to notify the nursing home of deficiencies
12under federal regulations and report those deficiencies to the appropriate federal
13agency
, it shall send a written request for a hearing under s. 227.44 to the division
14of hearings and appeals created under s. 15.103 (1) within 10 days of receipt of notice
15of the contested action. Department action that is subject to a hearing under this
16subsection includes imposition service of a notice of a deficiency under federal
17regulations
violation of this subchapter or rules promulgated under this subchapter,
18a notation in the report under sub. (3) (b), imposition of a plan of correction and
19rejection of a nursing home's plan of correction, but does not include a correction
20order. Upon the request of the nursing home, the division shall grant a stay of the
21hearing under this paragraph until the department assesses a forfeiture, so that its
22hearing under this paragraph is consolidated with the forfeiture appeal hearing held
23under sub. (5) (e). All agency action under this subsection arising out of a violation,
24deficiency or rejection and imposition of a plan of correction shall be the subject of
25a single hearing. Unless a stay is granted under this paragraph, the division shall

1commence the hearing within 30 days of the request for hearing, within 30 days of
2the department's acceptance of a nursing home's plan of correction or within 30 days
3of the department's imposition of a plan of correction, whichever is later. If the
4department initiates decertification of a nursing home under federal regulations, a
5hearing on federal deficiencies that are the subject of that decertification may be held
6if informal reconsideration has been completed.
The division shall send notice to the
7nursing home in conformance with s. 227.44. Issues litigated at the hearing may not
8be relitigated at subsequent hearings under this paragraph arising out of the same
9violation or deficiency.
AB150-ASA, s. 3240p 10Section 3240p. 50.04 (5) (f) of the statutes is amended to read:
AB150-ASA,1044,1711 50.04 (5) (f) Forfeitures paid within 10 days. All forfeitures shall be paid to the
12department within 10 days of receipt of notice of assessment or, if the forfeiture is
13contested under par. (e), within 10 days of receipt of the final decision after
14exhaustion of administrative review, unless the final decision is appealed and the
15order is stayed by court order under s. 50.03 (11). The department shall remit all
16forfeitures paid to the state treasurer secretary of administration for deposit in the
17school fund.
AB150-ASA, s. 3240y 18Section 3240y. 50.05 (3) of the statutes is amended to read:
AB150-ASA,1045,219 50.05 (3) Monitor. In any situation described in sub. (2), the department may
20place a person to act as monitor in the facility. The monitor shall observe operation
21of the facility, assist the facility by advising it on how to comply with state
22regulations, and shall submit a written report periodically to the department on the
23operation of the facility. The department may require payment by the operator or
24controlling person of the facility for the costs of placement of a person to act as

1monitor in the facility, if, subsequently, a court appoints a receiver for the facility
2under sub. (4).
AB150-ASA, s. 3241d 3Section 3241d. 50.05 (10) of the statutes is amended to read:
AB150-ASA,1045,134 50.05 (10) Contingency fund. If funds collected under subs. (3), (7) and (8) are
5insufficient to meet the expenses of performing the powers and duties conferred on
6the receiver by this section, or if there are insufficient funds on hand to meet those
7expenses, the department may draw from the supplemental funds fund created
8under s. 20.435 (1) (dm) and (6) (dm) to pay those the expenses associated with the
9placement of a monitor, if any, in a nursing home and the receivership of a nursing
10home
. Operating funds collected under this section and not applied to the expenses
11of the placement of a monitor, if any, and the receivership, except for the amount of
12a security, if any is required under sub. (14m), shall be used to reimburse the fund
13for advances made under this section.
AB150-ASA, s. 3241f 14Section 3241f. 50.05 (11) of the statutes is amended to read:
AB150-ASA,1045,1715 50.05 (11) (title) Compensation of monitor or receiver. The court shall set the
16compensation of a person placed as a monitor, if any, and of the receiver, which will
17be considered a necessary expense expenses of a receivership.
AB150-ASA, s. 3241h 18Section 3241h. 50.05 (14m) of the statutes is amended to read:
AB150-ASA,1046,519 50.05 (14m) Bond upon termination; reappointment. If the court terminates
20a receivership under sub. (14) and the department grants a license for the facility to
21the same applicant under which the facility was licensed immediately prior to
22appointment of a receiver under sub. (4) or (5), the court may require that person to
23post a bond for a period of not less than 120 days in an amount fixed by the court as
24security for maintaining compliance with this subchapter and the rules promulgated
25under this subchapter. If the court, after notice to the parties in the receivership

1proceeding and after a hearing, finds that the standards for appointment under sub.
2(4) are met, the court may reappoint the receiver. If the court reappoints the receiver,
3the receiver may use the security, if any has been required under this subsection, in
4addition to funds under subs. (7), (8) and (10), for purposes of payment of the
5placement of a monitor, if any, and for
the receivership.
AB150-ASA, s. 3241j 6Section 3241j. 50.05 (15) (a) of the statutes is amended to read:
AB150-ASA,1046,107 50.05 (15) (a) Within 30 days after termination, the receiver shall give the court
8a complete accounting of all property of which the receiver has taken possession, of
9all funds collected under this section and of the expenses of the monitor, if any is
10placed in a nursing home, and the
receivership.
AB150-ASA, s. 3241L 11Section 3241L. 50.05 (15) (b) of the statutes is amended to read:
AB150-ASA,1046,2412 50.05 (15) (b) If the operating funds collected by the receiver under subs. (7)
13and (8) exceed the reasonable expenses of the placement of a monitor in a nursing
14home, if any, and of the
receivership, the court shall order payment of the surplus to
15the operator or controlling person, after reimbursement of funds drawn from the
16contingency fund under sub. (10). If the operating funds are insufficient to cover the
17reasonable expenses of the placement of a monitor in a nursing home, if any, and of
18the
receivership, the operator or controlling person shall be liable for the deficiency.
19The operator or controlling person may apply to the court to determine the
20reasonableness of any expense of the placement of a monitor in a nursing home, if
21any, and of the
receivership. The operator or controlling person shall not be
22responsible for expenses in excess of what the court finds to be reasonable. Payment
23recovered from the operator or controlling person shall be used to reimburse the
24contingency fund for amounts drawn by the receiver under sub. (10).
AB150-ASA, s. 3243 25Section 3243. 50.135 (1) of the statutes is amended to read:
AB150-ASA,1047,5
150.135 (1) Definition. In this section, "inpatient health care facility" means
2any hospital, nursing home, county home, county mental hospital, tuberculosis
3sanatorium or other place licensed or approved by the department under ss. 49.14,
449.16, 49.171,
49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073
5and 252.076, but does not include community-based residential facilities.
AB150-ASA, s. 3244 6Section 3244. 50.135 (2) (c) of the statutes is amended to read:
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