Amendment ASA1-AB100

AB100-ASA1,857,14 50.03 (1m) Distinct part or separate licensure for institutions for mental diseases. Upon application to the department, the department may approve licensure of the operation of a nursing home or a distinct part of a nursing home as an institution for mental diseases, as defined under 42 CFR 435.1009. Conditions and procedures for application for, approval of, and operation under and renewal of licensure under this subsection shall be established in rules promulgated by the department.

AB100-ASA1, s. 1590 Section 1590. 50.03 (2) (d) of the statutes is amended to read:

AB100-ASA1,857,21 50.03 (2) (d) Any holder of a license or applicant for a license shall be deemed to have given consent to any authorized officer, employe or agent of the department to enter and inspect the facility in accordance with this subsection. Refusal to permit such entry or inspection shall constitute grounds for initial licensure denial, nonrenewal as provided in sub. (4), or suspension or revocation of license, as provided in sub. (5).

AB100-ASA1, s. 1591 Section 1591. 50.03 (3) (b) (intro.) of the statutes is amended to read:

AB100-ASA1,858,2 50.03 (3) (b) (intro.) The application for a license or a license renewal and the report of a licensee shall be in writing upon forms provided by the department and shall contain such information as the department requires, including the name, address and type and extent of interest of each of the following persons:

AB100-ASA1, s. 1592 Section 1592. 50.03 (3) (f) of the statutes is amended to read:

AB100-ASA1,858,6 50.03 (3) (f) Community-based residential facilities applying for renewal of license shall report all formal complaints regarding their operation filed under sub. (2) (f) and the disposition of each when reporting under sub. (4) (c) 1.

AB100-ASA1, s. 1593 Section 1593. 50.03 (4) (a) 1. b. of the statutes is amended to read:

AB100-ASA1,859,2 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. 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 revoke 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 In reviewing the report of a community-based residential facility that is required to be submitted under par. (c) 1., the department shall consider all complaints filed under sub. (2) (f) during the current license period since initial license issuance or since the last review, whichever is later, and the disposition of each. The department shall promulgate rules defining "fit and qualified" for the purposes of this subd. 1. b.

AB100-ASA1, s. 1594 Section 1594. 50.03 (4) (a) 2. of the statutes is amended to read:

AB100-ASA1,859,8 50.03 (4) (a) 2. The past record of violations of applicable laws and regulations of the United States or of this or any other state, in the operation of a residential or health care facility, or in any other health-related activity by any of the persons listed in sub. (3) (b) shall be relevant to the issue of the fitness of an applicant for issuance or renewal of a license.

AB100-ASA1, s. 1595 Section 1595. 50.03 (4) (c) 1. of the statutes is amended to read:

AB100-ASA1,859,24 50.03 (4) (c) 1. Unless sooner A community-based residential facility license is valid until it is revoked or suspended, a community-based residential facility license is valid for 24 months. At least 30 days prior to license expiration, the applicant under this section. Every 24 months, on a schedule determined by the department, a community-based residential facility licensee shall submit a biennial 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 24-month period. If the application for renewal and, including payment of the fees required under s. 50.037 (2) (a). If a complete annual biennial report are is 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. The department may revoke a community-based residential facility license for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.

AB100-ASA1, s. 1596 Section 1596. 50.03 (4) (c) 2. of the statutes is amended to read:

AB100-ASA1,860,16 50.03 (4) (c) 2. Unless sooner revoked or suspended, a 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 until it is revoked or suspended under this section. Every 12 months, on a schedule determined by the department, a nursing home licensee shall submit an annual a 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 , including payment of the fee required under s. 50.135 (2) (a). If a complete annual report are is 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. The department may revoke a nursing home license for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.

AB100-ASA1, s. 1597 Section 1597. 50.03 (4) (e) of the statutes is amended to read:

AB100-ASA1,860,25 50.03 (4) (e) Each license shall be issued only for the premises and persons named in the application and shall not be is not transferable or assignable. The license shall be posted in a place readily visible to residents and visitors, such as the lobby or reception area of the facility. Any license granted shall state the maximum bed capacity allowed, the person to whom the license is granted, the date, the expiration date of issuance, the maximum level of care for which the facility is licensed as a condition of its licensure and such additional information and special conditions as the department may prescribe.

AB100-ASA1, s. 1598 Section 1598. 50.03 (4) (f) of the statutes is amended to read:

AB100-ASA1,861,5 50.03 (4) (f) The issuance or renewal continuance of a license after notice of a violation has been sent shall not constitute a waiver by the department of its power to rely on the violation as the basis for subsequent license revocation or other enforcement action under this subchapter arising out of the notice of violation.

AB100-ASA1, s. 1599 Section 1599. 50.03 (5) (title) of the statutes is amended to read:

AB100-ASA1,861,8 50.03 (5) (title) Nonrenewal Suspension and revocation of nursing home licenses.

AB100-ASA1, s. 1600 Section 1600. 50.03 (5) (a) of the statutes is amended to read:

AB100-ASA1,861,16 50.03 (5) (a) Power of department. The department, after notice to a nursing home applicant or licensee, may suspend, or revoke or refuse to renew a license in any case in which the department finds that the nursing home has substantially failed to comply with the applicable requirements of this subchapter and the rules promulgated under this subchapter. No state or federal funds passing through the state treasury may be paid to a nursing home that does not have a valid license issued under this section.

AB100-ASA1, s. 1601 Section 1601. 50.03 (5) (b) of the statutes is amended to read:

AB100-ASA1,861,21 50.03 (5) (b) Form of notice. Notice under this subsection shall include a clear and concise statement of the violations on which the nonrenewal or revocation is based, the statute or rule violated and notice of the opportunity for an evidentiary hearing under par. (c).

AB100-ASA1, s. 1602 Section 1602. 50.03 (5) (c) of the statutes is amended to read:

AB100-ASA1,862,3 50.03 (5) (c) (title) Contest of nonrenewal or revocation. If a nursing home desires to contest the nonrenewal or revocation of a license, the nursing home shall, within 10 days after receipt of notice under par. (b), notify the department in writing of its request for a hearing under s. 227.44. The department shall hold the hearing within 30 days of receipt of such notice and shall send notice to the nursing home of the hearing as provided under s. 227.44 (2).

AB100-ASA1, s. 1603 Section 1603. 50.03 (5) (d) (title) of the statutes is amended to read:

AB100-ASA1,862,5 50.03 (5) (d) (title) Effective date of nonrenewal or revocation.

AB100-ASA1, s. 1604 Section 1604. 50.03 (5) (d) 2. of the statutes is repealed.

AB100-ASA1, s. 1605 Section 1605. 50.03 (5) (d) 3. of the statutes is amended to read:

AB100-ASA1,862,10 50.03 (5) (d) 3. The department may extend the effective date of license revocation or expiration in any case in order to permit orderly removal and relocation of residents of the nursing home.

AB100-ASA1, s. 1606 Section 1606. 50.03 (5g) (c) 3. of the statutes is amended to read:

AB100-ASA1,862,13 50.03 (5g) (c) 3. Refusal to renew licensure or revocation Revocation of licensure, as specified in pars. (d) to (g).

AB100-ASA1, s. 1607 Section 1607. 50.03 (5g) (d) (intro.) of the statutes is amended to read:

AB100-ASA1,862,16 50.03 (5g) (d) (intro.) Under the procedure specified in par. (e), the department may revoke or refuse to renew a license for a licensee for any of the following reasons:

AB100-ASA1, s. 1608 Section 1608. 50.03 (5g) (e) 1. of the statutes is amended to read:

AB100-ASA1,863,2 50.03 (5g) (e) 1. The department may revoke or refuse to renew a license for a licensee for the reason specified in par. (d) 1., 2., 3. or 4. and may refuse to renew a license for a licensee for the reason specified in par. (d) 1., 2. or 3. if the department provides the licensee with written notice of revocation or nonrenewal, the grounds for the revocation or nonrenewal and an explanation of the process for appealing the revocation or nonrenewal, at least 30 days before the date of revocation or license expiration. The department may revoke or refuse to renew the license only if the violation remains substantially uncorrected on the date of revocation or license expiration.

AB100-ASA1, s. 1609 Section 1609. 50.03 (5g) (f) of the statutes is amended to read:

AB100-ASA1,863,10 50.03 (5g) (f) If a community-based residential facility desires to contest the nonrenewal or revocation of a license or to contest the imposing of a sanction under this subsection, the community-based residential facility shall, within 10 days after receipt of notice under par. (e), notify the department in writing of its request for a hearing under s. 227.44. The department shall hold the hearing within 30 days after receipt of such notice and shall send notice to the community-based residential facility of the hearing as provided under s. 227.44 (2).

AB100-ASA1, s. 1610 Section 1610. 50.03 (5g) (g) 2. of the statutes is repealed.

AB100-ASA1, s. 1611 Section 1611. 50.03 (5g) (g) 3. of the statutes is amended to read:

AB100-ASA1,863,15 50.03 (5g) (g) 3. The department may extend the effective date of license revocation or expiration in any case in order to permit orderly removal and relocation of residents.

AB100-ASA1, s. 1612 Section 1612. 50.03 (5m) (a) 2. of the statutes is amended to read:

AB100-ASA1,863,18 50.03 (5m) (a) 2. The department has suspended, or revoked or refused to renew the existing license of the facility as provided under sub. (5).

AB100-ASA1, s. 1613 Section 1613. 50.03 (5m) (a) 3. of the statutes is amended to read:

AB100-ASA1,863,23 50.03 (5m) (a) 3. The department has initiated revocation or nonrenewal procedures under sub. (5) and has determined that the lives, health, safety, or welfare of the resident cannot be adequately assured pending a full hearing on license nonrenewal or revocation under sub. (5).

AB100-ASA1, s. 1614 Section 1614. 50.032 (2) of the statutes is amended to read:

AB100-ASA1,864,6 50.032 (2) Regulation. Standards for operation of certified adult family homes and procedures for application for certification, monitoring, inspection, decertification and appeal of decertification under this section shall be under rules promulgated by the department under s. 50.02 (2) (am) 1. An adult family home certification is valid until decertified under this section. Certification shall be for a term not to exceed 12 months from the date of issuance and is not transferable.

AB100-ASA1, s. 1615 Section 1615. 50.032 (2r) of the statutes is created to read:

AB100-ASA1,864,15 50.032 (2r) Reporting. Every 12 months, on a schedule determined by the department, a certified adult family home shall submit an annual report in the form and containing the information that the department requires, including payment of a fee, if any is required under rules promulgated under s. 50.02 (2) (am) 1. If a complete annual report is not timely filed, the department shall issue a warning to the operator of the certified adult family home. The department may decertify a certified adult family home for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.

AB100-ASA1, s. 1616 Section 1616. 50.032 (4) of the statutes is amended to read:

AB100-ASA1,864,25 50.032 (4) Decertification. A certified adult family home may be decertified because of the substantial and intentional violation of this section or of rules promulgated by the department under s. 50.02 (2) (am) 1. or because of failure to meet the minimum requirements for certification. The operator of the certified adult family home shall be given written notice of any decertification and the grounds for the decertification. Any adult family home certification applicant or operator of a certified adult family home may, if aggrieved by the failure to issue or renew the certification or by decertification, appeal under the procedures specified by the department by rule under s. 50.02 (2) (am) 1.

AB100-ASA1, s. 1617 Section 1617. 50.033 (2) of the statutes is amended to read:

AB100-ASA1,865,12 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 under this section shall be under rules promulgated by the department under s. 50.02 (2) (am) 2. An adult family home licensure is valid until revoked under this section. Licensure shall be for a term not to exceed 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, on a schedule determined by the department if the department licenses the adult family home under sub. (1m) (b).

AB100-ASA1, s. 1618 Section 1618. 50.033 (2m) of the statutes is created to read:

AB100-ASA1,865,20 50.033 (2m) Reporting. Every 24 months, on a schedule determined by the department, a licensed adult family home shall submit a biennial report in the form and containing the information that the department requires, including payment of the fee required under sub. (2). If a complete biennial report is not timely filed, the department shall issue a warning to the licensee. The department may revoke the license for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.

AB100-ASA1, s. 1619 Section 1619. 50.033 (4) of the statutes is amended to read:

AB100-ASA1,866,5 50.033 (4) License revocation. The license of a licensed adult family home may be revoked because of the substantial and intentional violation of this section or of rules promulgated by the department under s. 50.02 (2) (am) 2. or because of failure to meet the minimum requirements for licensure. The operator of the licensed adult family home shall be given written notice of any revocation and the grounds for the revocation. Any adult family home licensure applicant or operator of a licensed adult family home may, if aggrieved by the failure to issue or renew the license or by revocation, appeal under the procedures specified by the department by rule under s. 50.02 (2) (am) 2.

AB100-ASA1, s. 2046k Section 2046k. 50.034 (2m) of the statutes is created to read:

AB100-ASA1,866,12 50.034 (2m) Fees. (a) When the department determines that the total number of beds in certified or registered residential care apartment complexes has reached 500, the department shall establish an annual fee to be charged to each residential care apartment complex. Except as provided under par. (b), the department shall establish the fee at a rate that will generate sufficient revenue to support the costs of the ombudsman positions funded from the appropriation under s. 20.432 (1) (kd).

AB100-ASA1,866,14 (b) The department may not establish a fee under par. (a) at a rate that is in excess of $100 per bed per residential care apartment complex.

AB100-ASA1, s. 2046m Section 2046m. 50.034 (3) (e) of the statutes is created to read:

AB100-ASA1,866,19 50.034 (3) (e) Post in a conspicuous location in each wing or unit and on each floor of the residential care apartment complex a notice, provided by the board on aging and long-term care, of the name, address and telephone number of the long-term care ombudsman program under s. 16.009 (2) (b).

AB100-ASA1, s. 2046n Section 2046n. 50.034 (3) (f) of the statutes is created to read:

AB100-ASA1,866,21 50.034 (3) (f) Pay to the department the fee established under sub. (2m).

AB100-ASA1, s. 1620 Section 1620. 50.035 (8) of the statutes is created to read:

AB100-ASA1,867,2 50.035 (8) Admission of residents in pilot areas. No community-based residential facility located in a geographic area in which a pilot project under s. 46.271 (2m) is established may admit an individual as a resident until the individual is assessed or is exempt from or waives assessment under s. 46.271 (2m) (a) 2.

AB100-ASA1,867,3 Section2048m. 50.035 (9) of the statutes is created to read:

AB100-ASA1,867,7 50.035 (9) Notification to prospective residents of assessment requirement. Every community-based residential facility shall inform all prospective residents of the assessment requirements under ss. 46.27 (7) (cj) 3. and (11) (c) 5n. and 46.277 (3) (c) 1n. for the receipt of funds under those sections.

AB100-ASA1, s. 1621 Section 1621 . 50.037 (2) (a) of the statutes is amended to read:

AB100-ASA1,867,11 50.037 (2) (a) The biennial fee for a community-based residential facility is $170, plus an annual a biennial fee of $22 per resident, based on the number of residents that the facility is licensed to serve.

AB100-ASA1, s. 1622 Section 1622. 50.037 (2) (b) of the statutes is amended to read:

AB100-ASA1,867,19 50.037 (2) (b) Such fees Fees specified under par. (a) shall be paid to the department by the community-based residential facility before the department may issue a license under s. 50.03 (4) (a) 1. b. A licensed community-based residential facility that wishes to renew a license issued under s. 50.03 (4) (a) 1. b. shall pay the fee under par. (a) by the renewal date of the license established by the department. A new newly licensed community-based residential facility shall pay the fee under this subsection no later than 30 days before the opening of the facility.

AB100-ASA1, s. 1623 Section 1623. 50.037 (2) (c) of the statutes is amended to read:

AB100-ASA1,868,2 50.037 (2) (c) A community-based residential facility that wishes to renew a license issued under s. 50.03 (4) (a) 1. b. and that fails to submit the biennial fee prior to the renewal date of the license established by the department, or a new community-based residential facility subject to this section that fails to submit the biennial fee by 30 days prior to the opening of the new community-based residential facility, shall pay an additional fee of $10 per day for every day after the deadline that the facility does not pay the fee.

AB100-ASA1, s. 1624 Section 1624. 50.04 (2m) of the statutes is amended to read:

AB100-ASA1,868,8 50.04 (2m) Plan of care and assessment required. No nursing home may admit any patient until a physician has completed a plan of care for the patient and the patient is assessed or the patient is exempt from or waives assessment under s. 46.27 (6) (a) or 46.271 (2m) (a) 2. Failure to comply with this subsection is a class "C" violation under sub. (4) (b) 3.

AB100-ASA1, s. 1625 Section 1625. 50.05 (2) (b) of the statutes is amended to read:

AB100-ASA1,868,11 50.05 (2) (b) The department has suspended, or revoked or refused to renew the existing license of the facility.

AB100-ASA1, s. 1626 Section 1626. 50.05 (2) (c) of the statutes is amended to read:

AB100-ASA1,868,16 50.05 (2) (c) The department has initiated revocation or nonrenewal procedures under s. 50.03 (5) and has determined that the lives, health, safety, or welfare of the residents cannot be adequately assured pending a full hearing on license nonrenewal or revocation.

AB100-ASA1, s. 1627 Section 1627. 50.05 (10) of the statutes is amended to read:

AB100-ASA1,869,2 50.05 (10) Contingency fund. If funds collected under subs. (3), (7) and (8) are insufficient to meet the expenses of performing the powers and duties conferred on the receiver by this section, or if there are insufficient funds on hand to meet those expenses, the department may draw from the supplemental fund created under s. 20.435 (1) (6) (dm) to pay the expenses associated with the placement of a monitor, if any, in a nursing home and the receivership of a nursing home. Operating funds collected under this section and not applied to the expenses of the placement of a monitor, if any, and the receivership, except for the amount of a security, if any is required under sub. (14m), shall be used to reimburse the fund for advances made under this section.

AB100-ASA1, s. 1628 Section 1628. 50.05 (15) (d) of the statutes is amended to read:

AB100-ASA1,869,8 50.05 (15) (d) The lien provided by this subsection is prior to any lien or other interest which originates subsequent to the filing of a petition for receivership under this section, except for a construction or mechanic's lien arising out of work performed with the express consent of the receiver or a lien under s. 292.31 (8) (i), 292.41 (6) (d) or 292.81.

AB100-ASA1, s. 1629 Section 1629. 50.09 (6) (d) of the statutes is amended to read:

AB100-ASA1,869,16 50.09 (6) (d) The facility shall attach a statement, which summarizes complaints or allegations of violations of rights established under this section, to an application for a new license or a renewal of its license. Such the report required under s. 50.03 (4) (c) 1. or 2. The statement shall contain the date of the complaint or allegation, the name of the persons involved, the disposition of the matter and the date of disposition. The department shall consider such the statement in reviewing the application report.

AB100-ASA1, s. 1630 Section 1630. 50.13 of the statutes is amended to read: