Amendment SSA1-AB133

AB133-SSA1,740,15 49.89 (2) Subrogation. The department of health and family services, the department of workforce development, a county or an elected tribal governing body that provides any public assistance under this chapter or under s. 253.05 as a result of the occurrence of an injury, sickness or death that creates a claim or cause of action, whether in tort or contract, on the part of a public assistance recipient or beneficiary or the estate of a recipient or beneficiary against a 3rd party, including an insurer, is subrogated to the rights of the recipient, beneficiary or estate and may make a claim or maintain an action or intervene in a claim or action by the recipient, beneficiary or estate against the 3rd party. Subrogation under this subsection because of the provision of medical assistance under subch. IV constitutes a lien, equal to the amount of the medical assistance provided as a result of the injury, sickness or death that gave rise to the claim. The lien is on any payment resulting from a judgment or settlement that may be due the obligor. A lien under this subsection continues until it is released and discharged by the department of health and family services.

AB133-SSA1, s. 1490 Section 1490. 49.89 (3m) (bm) of the statutes is created to read:

AB133-SSA1,740,22 49.89 (3m) (bm) A person against whom a claim that is subrogated under sub. (2) or assigned under sub. (3) is made, or that person's attorney or insurer, shall provide notice under par. (c), if that person, attorney or insurer knows, or could reasonably determine, that the claimant is a recipient or former recipient of medical assistance under subch. IV, or is the estate of a former recipient of medical assistance under subch. IV.

AB133-SSA1, s. 1491 Section 1491. 49.89 (7) (c) of the statutes is amended to read:

AB133-SSA1,741,4 49.89 (7) (c) The incentive payment shall be an amount equal to 15% of the amount recovered because of benefits paid under s. 49.19, 49.20, s. 49.20, 1997 stats., and 49.30 or 253.05. The incentive payment shall be taken from the state share of the sum recovered, except that the incentive payment for an amount recovered because of benefits paid under s. 49.19 shall be considered an administrative cost under s. 49.19 for the purpose of claiming federal funding.

AB133-SSA1, s. 1493 Section 1493. 50.02 (2) (d) of the statutes is created to read:

AB133-SSA1,741,8 50.02 (2) (d) The department shall promulgate rules that prescribe the time periods and the methods of providing information specified in ss. 50.033 (2r) and (2s), 50.034 (5m) and (5n), 50.035 (4m) and (4n) and 50.04 (2g) (a) and (2h) (a).

AB133-SSA1, s. 1495 Section 1495. 50.033 (2) of the statutes is amended to read:

AB133-SSA1,741,19 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 is not transferable. The biennial licensure fee for a licensed adult family home is $75 $135. 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).

AB133-SSA1, s. 1496 Section 1496. 50.033 (2r) of the statutes is created to read:

AB133-SSA1,742,2 50.033 (2r) Provision of information required. Subject to sub. (2t), an adult family home shall, within the time period after inquiry by a prospective resident that is prescribed by the department by rule, inform the prospective resident of the services of a resource center under s. 46.283, the family care benefit under s. 46.286 and the availability of a functional and financial screen to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

AB133-SSA1, s. 1497 Section 1497. 50.033 (2s) of the statutes is created to read:

AB133-SSA1,742,8 50.033 (2s) Required referral. Subject to sub. (2t), an adult family home shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, who is at least 65 years of age or has a physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:

AB133-SSA1,742,10 (a) The person has received a screen for functional eligibility under s. 46.286 (1) (a) within the previous 6 months.

AB133-SSA1,742,11 (b) The person is entering the adult family home only for respite care.

AB133-SSA1,742,12 (c) The person is an enrollee of a care management organization.

AB133-SSA1, s. 1498 Section 1498. 50.033 (2t) of the statutes is created to read:

AB133-SSA1,742,17 50.033 (2t) Applicability. Subsections (2r) and (2s) apply only if the secretary has certified under s. 46.281 (3) that a resource center is available for the adult family home and for specified groups of eligible individuals that include those persons seeking admission to or the residents of the adult family home.

AB133-SSA1, s. 1499 Section 1499. 50.034 (5m) of the statutes is created to read:

AB133-SSA1,742,25 50.034 (5m) Provision of information required. Subject to sub. (5p), a residential care apartment complex shall, within the time period after inquiry by a prospective resident that is prescribed by the department by rule, inform the prospective resident of the services of a resource center under s. 46.283, the family care benefit under s. 46.286 and the availability of a functional and financial screen to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

AB133-SSA1, s. 1500 Section 1500. 50.034 (5n) of the statutes is created to read:

AB133-SSA1,743,6 50.034 (5n) Required referral. Subject to sub. (5p), a residential care apartment complex shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, who is at least 65 years of age or has a physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:

AB133-SSA1,743,8 (a) The person has received a screen for functional eligibility under s. 46.286 (1) (a) within the previous 6 months.

AB133-SSA1,743,10 (b) The person is entering the residential care apartment complex only for respite care.

AB133-SSA1,743,11 (c) The person is an enrollee of a care management organization.

AB133-SSA1, s. 1501 Section 1501. 50.034 (5p) of the statutes is created to read:

AB133-SSA1,743,17 50.034 (5p) Applicability. Subsections (5m) and (5n) apply only if the secretary has certified under s. 46.281 (3) that a resource center is available for the residential care apartment complex and for specified groups of eligible individuals that include those person seeking admission to or the residents of the residential care apartment complex.

AB133-SSA1, s. 1501d Section 1501d. 50.034 (6) of the statutes is amended to read:

AB133-SSA1,743,24 50.034 (6) Funding. Funding for supportive, personal or nursing services that a person who resides in a residential care apartment complex 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 except if the provider of the services is a certified medical assistance provider under s. 49.45 or if the funding is provided as a family care benefit under ss. 46.2805 to 46.2895.

AB133-SSA1, s. 1502 Section 1502. 50.034 (8) of the statutes is created to read:

AB133-SSA1,744,3 50.034 (8) Forfeitures. (a) Whoever violates sub. (5m) or (5n) or rules promulgated under sub. (5m) or (5n) may be required to forfeit not more than $500 for each violation.

AB133-SSA1,744,9 (b) The department may directly assess forfeitures provided for under par. (a). If the department determines that a forfeiture should be assessed for a particular violation, it shall send a notice of assessment to the residential care apartment complex. The notice shall specify the amount of the forfeiture assessed, the violation and the statute or rule alleged to have been violated, and shall inform the residential care apartment complex of the right to a hearing under par. (c).

AB133-SSA1,744,21 (c) A residential care apartment complex may contest an assessment of a forfeiture by sending, within 10 days after receipt of notice under par. (b), a written request for a hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for a hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent.

AB133-SSA1,745,2 (d) 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. (c), 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. The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.

AB133-SSA1,745,6 (e) The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews. The only issue to be contested in any such action shall be whether the forfeiture has been paid.

AB133-SSA1, s. 1503 Section 1503. 50.035 (4m) of the statutes is created to read:

AB133-SSA1,745,14 50.035 (4m) Provision of information required. Subject to sub. (4p), a community-based residential facility shall, within the time period after inquiry by a prospective resident that is prescribed by the department by rule, inform the prospective resident of the services of a resource center under s. 46.283, the family care benefit under s. 46.286 and the availability of a functional and financial screen to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

AB133-SSA1, s. 1504 Section 1504. 50.035 (4n) of the statutes is created to read:

AB133-SSA1,745,20 50.035 (4n) Required referral. Subject to sub. (4p), a community-based residential facility shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, who is at least 65 years of age or has a physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:

AB133-SSA1,745,22 (a) The person has received a screen for functional eligibility under s. 46.286 (1) (a) within the previous 6 months.

AB133-SSA1,745,24 (b) The person is entering the community-based residential facility only for respite care.

AB133-SSA1,745,25 (c) The person is an enrollee of a care management organization.

AB133-SSA1, s. 1505 Section 1505. 50.035 (4p) of the statutes is created to read:

AB133-SSA1,746,6 50.035 (4p) Applicability. Subsections (4m) and (4n) apply only if the secretary has certified under s. 46.281 (3) that a resource center is available for the community-based residential facility and for specified groups of eligible individuals that include those persons seeking admission to or the residents of the community-based residential facility.

AB133-SSA1, s. 1506 Section 1506. 50.035 (7) (c) of the statutes is amended to read:

AB133-SSA1,746,12 50.035 (7) (c) If the date estimated under par. (a) 2. is less than 24 months after the date of the individual's statement of financial condition, the community-based residential facility shall provide the statement to the county department under s. 46.215 or 46.22 and shall refer the potential resident to the county department to determine whether an assessment under s. 46.27 (6) should be conducted.

AB133-SSA1, s. 1507 Section 1507. 50.035 (8) of the statutes is repealed.

AB133-SSA1, s. 1508 Section 1508. 50.035 (11) of the statutes is created to read:

AB133-SSA1,746,17 50.035 (11) Forfeitures. (a) Whoever violates sub. (4m) or (4n) or rules promulgated under sub. (4m) or (4n) may be required to forfeit not more than $500 for each violation.

AB133-SSA1,746,23 (b) The department may directly assess forfeitures provided for under par. (a). If the department determines that a forfeiture should be assessed for a particular violation, it shall send a notice of assessment to the community-based residential facility. The notice shall specify the amount of the forfeiture assessed, the violation and the statute or rule alleged to have been violated, and shall inform the licensee of the right to a hearing under par. (c).

AB133-SSA1,747,10 (c) A community-based residential facility may contest an assessment of a forfeiture by sending, within 10 days after receipt of notice under par. (b), a written request for a hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for a hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent.

AB133-SSA1,747,15 (d) 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. (c), 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. The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.

AB133-SSA1,747,19 (e) The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews. The only issue to be contested in any such action shall be whether the forfeiture has been paid.

AB133-SSA1, s. 1509 Section 1509. 50.037 (2) (a) of the statutes is amended to read:

AB133-SSA1,747,23 50.037 (2) (a) The biennial fee for a community-based residential facility is $170 $306, plus a biennial fee of $22 $39.60 per resident, based on the number of residents that the facility is licensed to serve.

AB133-SSA1, s. 1510 Section 1510. 50.04 (2g) of the statutes is created to read:

AB133-SSA1,748,6 50.04 (2g) Provision of information required. (a) Subject to sub. (2i), a nursing home shall, within the time period after inquiry by a prospective resident that is prescribed by the department by rule, inform the prospective resident of the services of a resource center under s. 46.283, the family care benefit under s. 46.286 and the availability of a functional and financial screen to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

AB133-SSA1,748,8 (b) Failure to comply with this subsection is a class "C" violation under sub. (4) (b) 3.

AB133-SSA1, s. 1511 Section 1511. 50.04 (2h) of the statutes is created to read:

AB133-SSA1,748,14 50.04 (2h) Required referral. (a) Subject to sub. (2i), a nursing home shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, who is at least 65 years of age or has developmental disability or physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:

AB133-SSA1,748,16 1. The person has received a screen for functional eligibility under s. 46.286 (1) (a) within the previous 6 months.

AB133-SSA1,748,17 2. The person is seeking admission to the nursing home only for respite care.

AB133-SSA1,748,18 3. The person is an enrollee of a care management organization.

AB133-SSA1,748,20 (b) Failure to comply with this subsection is a class "C" violation under sub. (4) (b) 3.

AB133-SSA1, s. 1512 Section 1512. 50.04 (2i) of the statutes is created to read:

AB133-SSA1,748,25 50.04 (2i) Applicability. Subsections (2g) and (2h) apply only if the secretary has certified under s. 46.281 (3) that a resource center is available for the nursing home and for specified groups of eligible individuals that include those persons seeking admission to or the residents of the nursing home.

AB133-SSA1, s. 1513 Section 1513. 50.04 (2m) of the statutes is renumbered 50.04 (2m) (a) and amended to read:

AB133-SSA1,749,7 50.04 (2m) (a) No Except as provided in par. (b), 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.

AB133-SSA1, s. 1514 Section 1514. 50.04 (2m) (b) of the statutes is created to read:

AB133-SSA1,749,10 50.04 (2m) (b) Paragraph (a) does not apply to those residents for whom the secretary has certified under s. 46.281 (3) that a resource center is available.

AB133-SSA1, s. 1515 Section 1515. 50.06 (7) of the statutes is amended to read:

AB133-SSA1,749,17 50.06 (7) An individual who consents to an admission under this section may request that an assessment be conducted for the incapacitated individual under the long-term support community options program under s. 46.27 (6) or, if the secretary has certified under s. 46.281 (3) that a resource center is available for the individual, a functional and financial screen to determine eligibility for the family care benefit under s. 46.286 (1).

AB133-SSA1, s. 1522 Section 1522. 50.065 (8) of the statutes is amended to read:

AB133-SSA1,749,24 50.065 (8) The department may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a) or for providing information to an entity to enable the entity to comply with sub. (2) (b) 1. or (3) (b). The fee may not exceed the reasonable cost of obtaining the information. No fee may be charged to a nurse's assistant, as defined in s. 146.40 (1) (d), for obtaining or maintaining the information if to do so would be inconsistent with federal law.

AB133-SSA1, s. 1524 Section 1524. 50.135 (2) (c) of the statutes is amended to read:

AB133-SSA1,750,3 50.135 (2) (c) The fees collected under par. (a) shall be credited to the appropriations under s. 20.435 (1) (4) (gm) and (6) (jm) as specified in those appropriations for licensing, review and certifying activities.

AB133-SSA1, s. 1525 Section 1525. 50.36 (2) (c) of the statutes is created to read:

AB133-SSA1,750,12 50.36 (2) (c) The department shall promulgate rules that require that a hospital, before discharging a patient who is aged 65 or older or who has developmental disability or physical disability and whose disability or condition requires long-term care that is expected to last at least 90 days, refer the patient to the resource center under s. 46.283. The rules shall specify that this requirement applies only if the secretary has certified under s. 46.281 (3) that a resource center is available for the hospital and for specified groups of eligible individuals that include persons seeking admission to or patients of the hospital.

AB133-SSA1, s. 1526 Section 1526. 50.38 of the statutes is created to read:

AB133-SSA1,750,15 50.38 Forfeitures. (1) Whoever violates rules promulgated under s. 50.36 (2) (c) may be required to forfeit not more than $500 for each violation.

AB133-SSA1,750,21 (2) The department may directly assess forfeitures provided for under sub. (1). If the department determines that a forfeiture should be assessed for a particular violation, the department shall send a notice of assessment to the hospital. The notice shall specify the amount of the forfeiture assessed, the violation and the statute or rule alleged to have been violated, and shall inform the hospital of the right to a hearing under sub. (3).

AB133-SSA1,751,7 (3) A hospital may contest an assessment of a forfeiture by sending, within 10 days after receipt of notice under sub. (2), a written request for a hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for a hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent.

AB133-SSA1,751,12 (4) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under sub. (3), 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. The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.

AB133-SSA1,751,16 (5) The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews. The only issue to be contested in any such action shall be whether the forfeiture has been paid.

AB133-SSA1, s. 1529 Section 1529. 50.49 (2) (b) of the statutes is amended to read:

AB133-SSA1,751,20 50.49 (2) (b) The department shall, by rule, set a license fee to be paid by home health agencies. The fee shall be based on the annual net income, as determined by the department, of a home health agency.

AB133-SSA1, s. 1530 Section 1530. 50.49 (4) of the statutes is amended to read:

AB133-SSA1,752,3 50.49 (4) Licensing, inspection and regulation. The Except as provided in sub. (6m), the department may register, license, inspect and regulate home health agencies as provided in this section. The department shall ensure, in its inspections of home health agencies, that a sampling of records from private pay patients are reviewed. The department shall select the patients who shall receive home visits as a part of the inspection. Results of the inspections shall be made available to the public at each of the regional offices of the department.

AB133-SSA1, s. 1531 Section 1531. 50.49 (6m) of the statutes is created to read: