Amendment ASA1-AB100

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:

AB100-ASA1,869,24 50.13 Fees permitted for a workshop or seminar. If the department develops and provides a workshop or seminar relating to the provision of service by facilities, adult family homes or residential care apartment complexes under this subchapter, the department may establish a fee for each workshop or seminar and impose the fee on registrants for the workshop or seminar. A fee so established and imposed shall be in an amount sufficient to reimburse the department for the costs directly associated with developing and providing the workshop or seminar.

AB100-ASA1, s. 2062m Section 2062m. 50.135 (2) (c) of the statutes is amended to read:

AB100-ASA1,870,3 50.135 (2) (c) The fees collected under par. (a) shall be credited to the appropriation appropriations under s. 20.435 (1) (gm) and (6) (jm) as specified in those appropriations for licensing, review and certifying activities.

AB100-ASA1, s. 1631 Section 1631. 50.355 of the statutes is created to read:

AB100-ASA1,870,12 50.355 Reporting. Every 12 months, on a schedule determined by the department, an approved hospital shall submit an annual report in the form and containing the information that the department requires, including payment of the fee required under s. 50.135 (2) (a). If a complete annual report is not timely filed, the department shall issue a warning to the holder of the certificate for approval. The department may revoke approval 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. 1632 Section 1632. 50.49 (2) (b) of the statutes is amended to read:

AB100-ASA1,870,16 50.49 (2) (b) The department shall, by rule, set a license fee to be paid by home health agencies. The fee for license renewal shall be based on the annual net income, as determined by the department, of a home health agency.

AB100-ASA1, s. 1633 Section 1633. 50.49 (6) (title) of the statutes is amended to read:

AB100-ASA1,870,19 50.49 (6) (title) Issuance of license; inspection and investigation; annual renewal; nontransferable report; nontransferability; content.

AB100-ASA1, s. 1634 Section 1634. 50.49 (6) (a) of the statutes is amended to read:

AB100-ASA1,871,2 50.49 (6) (a) The department shall issue a home health agency license if the applicant is fit and qualified, and if the home health agencies meet 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.

AB100-ASA1, s. 1635 Section 1635. 50.49 (6) (b) of the statutes is amended to read:

AB100-ASA1,871,7 50.49 (6) (b) A home health agency license, unless sooner is valid until suspended or revoked, shall be renewable at least biennially upon filing by the licensee, payment of the license fee and approval by the department of an annual report and application for renewal on forms provided by the department.

AB100-ASA1, s. 1636 Section 1636. 50.49 (6) (c) of the statutes is amended to read:

AB100-ASA1,871,13 50.49 (6) (c) Each license shall be issued only for the home health agency named in the application and shall not be is not transferable or assignable. If application for renewal is not so filed, such license is automatically canceled as of the date of its expiration. Any license granted shall state such additional information and special limitations as the department, by rule, prescribes.

AB100-ASA1, s. 1637 Section 1637. 50.49 (6) (d) of the statutes is created to read:

AB100-ASA1,871,21 50.49 (6) (d) Every 12 months, on a schedule determined by the department, a licensed home health agency shall submit an annual report in the form and containing the information that the department requires, including payment of the fee required under sub. (2) (b). If a complete annual 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. 1638 Section 1638. 50.495 of the statutes is created to read:

AB100-ASA1,872,4 50.495 Fees permitted for a workshop or seminar. If the department develops and provides a workshop or seminar relating to the provision of services by hospitals and home health agencies under this subchapter, the department may establish a fee for each workshop or seminar and impose the fee on registrants for the workshop or seminar. A fee so established and imposed shall be in an amount sufficient to reimburse the department for the costs directly associated with developing and providing the workshop or seminar.

AB100-ASA1, s. 1639 Section 1639. 50.51 (2) (b) of the statutes is amended to read:

AB100-ASA1,872,7 50.51 (2) (b) Minimum requirements for issuance of a provisional license, or a regular initial license or a license renewal to rural medical centers.

AB100-ASA1, s. 1640 Section 1640. 50.51 (2) (c) of the statutes is amended to read:

AB100-ASA1,872,11 50.51 (2) (c) Fees for rural medical center provisional licensure and regular initial licensure and licensure renewal. The amounts of the fees shall be based on the health care services provided by the rural medical center.

AB100-ASA1, s. 1641 Section 1641. 50.52 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,872,15 50.52 (2) (intro.) The department shall issue a provisional license, or a regular initial license or a license renewal as a rural medical center to an applicant if all of the following are first done:

AB100-ASA1, s. 2075c Section 2075c. 50.52 (2) (a) of the statutes is amended to read:

AB100-ASA1,872,19 50.52 (2) (a) The applicant pays the appropriate license fee, as established under s. 50.51 (2) (c). Fees collected under this paragraph shall be credited to the appropriation under s. 20.435 (1) (gm) (6) (jm) for licensing and inspection activities.

AB100-ASA1, s. 1642 Section 1642. 50.52 (4) of the statutes is amended to read:

AB100-ASA1,872,24 50.52 (4) Unless sooner revoked or suspended, a A regular initial license or a license renewal issued to a rural medical center is valid for 24 months from the date of issuance and a until it is suspended or revoked. A provisional license issued to a rural medical center is valid for 6 months from the date of issuance.

AB100-ASA1, s. 1643 Section 1643. 50.535 of the statutes is created to read:

AB100-ASA1,873,7 50.535 Reporting. Every 24 months, on a schedule determined by the department, a licensed rural medical center shall submit a biennial report in the form and containing the information that the department requires, including payment of the fee required under s. 50.51 (2) (c). If a complete annual 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. 1644 Section 1644. 50.56 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,873,13 50.56 (1) (intro.) Any of the following facilities or entities is not required to obtain licensure or a certificate of approval under the following statutes or to pay initial or renewal license fees under the following statutes if all of the services of the facility or entity are provided as a part of a rural medical center that holds a current, valid license under this subchapter:

AB100-ASA1, s. 1645 Section 1645. 50.57 of the statutes is created to read:

AB100-ASA1,873,21 50.57 Fees permitted for a workshop or seminar. If the department develops and provides a workshop or seminar relating to the provision of services by rural medical centers under this subchapter, the department may establish a fee for each workshop or seminar and impose the fee on registrants for the workshop or seminar. A fee so established and imposed shall be in an amount sufficient to reimburse the department for the costs directly associated with developing and providing the workshop or seminar.

AB100-ASA1, s. 1646 Section 1646. 50.92 (2) of the statutes is amended to read:

AB100-ASA1,874,2 50.92 (2) The department shall issue an initial license or a renewal of a license if the department finds that the applicant is fit and qualified and that the hospice meets the requirements of this subchapter and the rules promulgated under this subchapter.

AB100-ASA1, s. 1647 Section 1647. 50.92 (4) (a) of the statutes is amended to read:

AB100-ASA1,874,16 50.92 (4) (a) In lieu of inspecting or investigating a hospice under sub. (3) prior to issuance of an initial a license, the department may accept evidence that a hospice applying for licensure under s. 50.93 has been inspected under and is currently certified as meeting the conditions for medicare participation under 42 USC 1395 to 1395ccc. In lieu of inspecting or investigating a hospice under sub. (3) prior to issuance of a license renewal, the department shall accept evidence that a hospice applying for licensure under s. 50.93 has been inspected under and is currently certified as meeting the conditions for medicare participation under 42 USC 1395 to 1395ccc. The department shall inspect or investigate under sub. (3) prior to issuance of an initial license or a renewal of a license If a hospice that fails to meet the conditions for medicare participation under 42 USC 1395 to 1395ccc , the department shall inspect or investigate the hospice under sub. (3) before initially issuing a license for the hospice.

AB100-ASA1, s. 1648 Section 1648. 50.92 (4) (b) of the statutes is amended to read:

AB100-ASA1,874,25 50.92 (4) (b) In lieu of inspecting or investigating a hospice under sub. (3) prior to issuance of an initial license or a renewal of a license, the department may accept evidence that a hospice applying for licensure under s. 50.93 has been inspected under and is currently in compliance with the hospice requirements of the joint commission for the accreditation of health organizations. A hospice shall provide the department with a copy of the report by the joint commission for the accreditation of health organizations of each periodic review the association conducts of the hospice.

AB100-ASA1, s. 1649 Section 1649. 50.92 (5) of the statutes is amended to read:

AB100-ASA1,875,10 50.92 (5) The past record of violations of applicable laws or regulations of the United States or of state statutes or rules of this or any other state, in the operation of any health-related organization, by an operator, managing employe or direct or indirect owner of a hospice or of an interest of a hospice is relevant to the issue of the fitness of an applicant for receipt of an initial license or the renewal of a license. The department or the department's designated representative shall inspect and investigate as necessary to determine the conditions existing in each case under this subsection and shall prepare and maintain a written report concerning the investigation and inspection.

AB100-ASA1, s. 1650 Section 1650. 50.93 (1) (intro.) of the statutes is amended to read:

AB100-ASA1,875,13 50.93 (1) Application. (intro.) The application for an initial license, for renewal of a license or for a provisional license shall:

AB100-ASA1, s. 1651 Section 1651. 50.93 (1) (c) of the statutes is amended to read: