1997 - 1998 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 1997 ASSEMBLY BILL 780
March 3, 1998 - Offered by Representatives Schafer, Krusick and Underheim.
AB780-ASA1,1,9
1An Act to repeal 50.096 (2) (a);
to renumber and amend 50.04 (2v);
to amend
250.096 (2) (intro.), 50.096 (2) (b), 50.096 (2) (c) and 50.096 (3); and
to create
350.01 (1s), 50.01 (1w), 50.01 (5r), 50.02 (2) (bm), 50.02 (2) (bn), 50.04 (2) (d),
450.04 (2v) (b), 50.096 (2) (am) and 50.096 (2m) of the statutes;
relating to:
5minimum daily hours of service in nursing homes for certain nursing home
6residents, requirements for nursing home reports, increasing positions for the
7board on aging and long-term care and the department of health and family
8services, requesting an audit, granting rule-making authority and making
9appropriations.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB780-ASA1,2,211
50.01
(1s) "Intensive skilled nursing care" means care requiring specialized
12nursing assessment skills and the performance of specific services and procedures
1that are complex because of the resident's condition or the type or number of
2procedures that are necessary, including any of the following:
AB780-ASA1,2,43
(a) Direct patient observation or monitoring or performance of complex nursing
4procedures by registered nurses or licensed practical nurses on a continuing basis.
AB780-ASA1,2,65
(b) Repeated application of complex nursing procedures or services every 24
6hours.
AB780-ASA1,2,87
(c) Frequent monitoring and documentation of the resident's condition and
8response to therapeutic measures.
AB780-ASA1,2,1110
50.01
(1w) "Licensed practical nurse" means a nurse who is licensed or has a
11temporary permit under s. 441.10.
AB780-ASA1,2,1413
50.01
(5r) "Registered nurse" means a nurse who is licensed under s. 441.06
14or permitted under s. 441.08.
AB780-ASA1, s. 4
15Section
4. 50.02 (2) (bm) of the statutes is created to read:
AB780-ASA1,2,1816
50.02
(2) (bm) The department shall, by rule, define "intermediate nursing
17care", "limited nursing care" and "skilled nursing services" for use in regulating
18minimum hours of service provided to residents of nursing homes.
AB780-ASA1, s. 5
19Section
5. 50.02 (2) (bn) of the statutes is created to read:
AB780-ASA1,2,2120
50.02
(2) (bn) The department may, by rule, increase the minimum hours of
21nursing home care per day that are specified in s. 50.04 (2) (d) 1. to 3.
AB780-ASA1,2,2523
50.04
(2) (d) Each nursing home, other than nursing homes that primarily
24serve the developmentally disabled, shall provide at least the following hours of
25service by registered nurses, licensed practical nurses or nurse's assistants:
AB780-ASA1,3,3
11. For each resident in need of intensive skilled nursing care, 3.25 hours per
2day, of which a minimum of 0.65 hour shall be provided by a registered nurse or
3licensed practical nurse.
AB780-ASA1,3,64
2. For each resident in need of skilled nursing care, 2.5 hours per day, of which
5a minimum of 0.5 hour shall be provided by a registered nurse or licensed practical
6nurse.
AB780-ASA1,3,97
3. For each resident in need of intermediate or limited nursing care, 2.0 hours
8per day, of which a minimum of 0.4 hour shall be provided by a registered nurse or
9licensed practical nurse.
AB780-ASA1, s. 7
10Section
7. 50.04 (2v) of the statutes is renumbered 50.04 (2v) (intro.) and
11amended to read:
AB780-ASA1,3,1412
50.04
(2v) Posting of notice required. (intro.) Beginning on
January 1, 1992 13July 1, 1998, a nursing home shall post in a conspicuous location in the nursing home
14a all of the following:
AB780-ASA1,3,17
15(a) A notice, provided by the board on aging and long-term care, of the name,
16address and telephone number of the long-term care ombudsman program under s.
1716.009 (2) (b).
AB780-ASA1, s. 8
18Section
8. 50.04 (2v) (b) of the statutes is created to read:
AB780-ASA1,3,2019
50.04
(2v) (b) The most recent copy of the report for the nursing home that is
20specified under s. 50.096 (2).
AB780-ASA1, s. 9
21Section
9. 50.096 (2) (intro.) of the statutes is amended to read:
AB780-ASA1,3,2522
50.096
(2) (intro.) By July 1,
1988 1998, and annually thereafter, the
23department shall provide each nursing home
and the office of the long-term care
24ombudsman with a report that includes the following information for the nursing
25home:
AB780-ASA1,4,53
50.096
(2) (am) The ratio of nursing staff available to residents per shift at each
4skill level for the previous year for the nursing home, under criteria that the
5department shall promulgate as rules.
AB780-ASA1,4,107
50.096
(2) (b) The staff replacement rates for full-time and part-time nursing
8staff, nurse's assistants and administrators for the previous year
for the nursing
9home and for all similar nursing homes in the same geographical area, as determined
10by the department.
AB780-ASA1,4,1412
50.096
(2) (c) Violations of statutes or rules by the nursing home during the
13previous year
for the nursing home and for all similar nursing homes in the same
14geographical area, as determined by the department.
AB780-ASA1,4,2116
50.096
(2m) The department shall prepare a simplified summary of the
17information required under sub. (2) (am) to (c), as specified by rule by the
18department. The summary shall be on one sheet of paper and shall be in language
19that is easily understood by laypersons. The summary shall state that a complete
20copy of the most recent report of inspection of the nursing home is available from the
21department, upon request, for a minimal fee.
AB780-ASA1,5,423
50.096
(3) Upon receipt of a report under sub. (2), the nursing home shall make
24the report available to any person requesting the report
. Upon receipt of a summary
25under sub. (2m), the nursing home shall provide a copy of the summary to every
1resident of the nursing home and his or her guardian, if any, to every prospective
2resident of the nursing home, if any, and to every person who accompanies a
3prospective resident or acts as the prospective resident's representative, as defined
4in s. 655.001 (12), if any.
AB780-ASA1,5,96
(1)
Nursing home surveillance. The authorized FTE positions for the
7department of health and family services are increased by 0.5 FED position on
8January 1, 1999, to be funded from the appropriation under section 20.435 (6) (n) of
9the statutes, for the purpose of performing nursing home surveillance.
AB780-ASA1,5,1711
(1)
Audit of responses to nursing home staffing complaints. The legislative
12audit bureau is requested to perform a performance evaluation audit of the adequacy
13of responses by the department of health and family services to complaints
14concerning inadequate staffing in particular nursing homes. If the legislative audit
15bureau performs the audit, the bureau shall begin the audit before July 1, 2000, and
16shall file its report as described under section 13.94 (1) (b) of the statutes by
17December 31, 2000.
AB780-ASA1, s. 18
18Section
18.
Appropriation changes; board on aging and long-term
care.
AB780-ASA1,5,2419
(1)
Ombudsman positions. In the schedule under section 20.005 (3) of the
20statutes for the appropriation to the board on aging and long-term care under section
2120.432 (1) (a) of the statutes, as affected by the acts of 1997, the dollar amount is
22increased by $68,700 for fiscal year 1998-99 to increase the authorized FTE positions
23for the board by 3.0 GPR positions on January 1, 1999, for the performance of
24activities as representatives of the ombudsman.
AB780-ASA1,6,72
(1)
Nursing home surveillance. In the schedule under section 20.005 (3) of the
3statutes for the appropriation to the department of health and family services under
4section 20.435 (6) (a) of the statutes, as affected by the acts of 1997, the dollar amount
5is increased by $14,500 for fiscal year 1998-99 to increase the authorized FTE
6positions for the department by 0.5 GPR position on January 1, 1999, for the
7performance of nursing home surveillance.