AB75-ASA1,642,77 1. Life insurance payments.
AB75-ASA1,642,98 2. Property insurance payments, including homeowner's and renter's
9insurance payments.
AB75-ASA1,642,1010 3. Long-term care insurance payments.
AB75-ASA1,642,1111 4. Health insurance payments.
AB75-ASA1, s. 1381 12Section 1381. 49.96 of the statutes is amended to read:
AB75-ASA1,642,18 1349.96 Assistance grants exempt from levy. All grants of aid to families with
14dependent children, payments made under ss. 48.57 (3m) or (3n), 49.148 (1) (b) 1. or
15(c) or (1m) or 49.149 to 49.159, payments made for social services, cash benefits paid
16by counties under s. 59.53 (21), and benefits under s. 49.77 or federal Title XVI, are
17exempt from every tax, and from execution, garnishment, attachment , and every
18other process and shall be inalienable.
AB75-ASA1, s. 1382 19Section 1382. 50.01 (1) (intro.) of the statutes is amended to read:
AB75-ASA1,642,2120 50.01 (1) (intro.) "Adult family home" means one of the following and does not
21include a place that is specified in sub. (1g) (a) to (d), (f), or (g)
:
AB75-ASA1, s. 1383 22Section 1383. 50.01 (1) (a) 1. of the statutes is amended to read:
AB75-ASA1,643,723 50.01 (1) (a) 1. Care and maintenance above the level of room and board but
24not including nursing care are provided in the private residence by the care provider
25whose primary domicile is this residence for 3 or 4 adults, or more adults if all of the

1adults are siblings, each of whom has a developmental disability, as defined in s.
251.01 (5), or, if the residence is licensed as a foster home, care and maintenance are
3provided to children, the combined total of adults and children so served being no
4more than 4, or more adults or children if all of the adults or all of the children are
5siblings, or, if the residence is licensed as a treatment foster home, care and
6maintenance are provided to children, the combined total of adults and children so
7served being no more than 4
.
AB75-ASA1, s. 1384 8Section 1384. 50.01 (1) (a) 2. of the statutes is amended to read:
AB75-ASA1,643,119 50.01 (1) (a) 2. The private residence was licensed under s. 48.62 as a foster
10home or treatment foster
home for the care of the adults specified in subd. 1. at least
1112 months before any of the adults attained 18 years of age.
AB75-ASA1, s. 1385 12Section 1385. 50.01 (1) (b) of the statutes is amended to read:
AB75-ASA1,643,1713 50.01 (1) (b) A place where 3 or 4 adults who are not related to the operator
14reside and receive care, treatment or services that are above the level of room and
15board and that may include up to 7 hours per week of nursing care per resident.
16"Adult family home" does not include a place that is specified in sub. (1g) (a) to (d),
17(f) or (g).
AB75-ASA1, s. 1386 18Section 1386. 50.01 (1) (c) of the statutes is created to read:
AB75-ASA1,643,2019 50.01 (1) (c) A place in which the operator provides care, treatment, support,
20or service above the level of room and board to up to 2 adults.
AB75-ASA1, s. 1387 21Section 1387. 50.02 (1) of the statutes is amended to read:
AB75-ASA1,644,1022 50.02 (1) Departmental authority. The department may provide uniform,
23statewide licensing, inspection, and regulation of community-based residential
24facilities and nursing homes as provided in this subchapter. The department shall
25certify, inspect, and otherwise regulate adult family homes, as specified under s. ss.

150.031 and
50.032 and shall license adult family homes, as specified under s. 50.033.
2Nothing in this subchapter may be construed to limit the authority of the department
3of commerce or of municipalities to set standards of building safety and hygiene, but
4any local orders of municipalities shall be consistent with uniform, statewide
5regulation of community-based residential facilities. The department may not
6prohibit any nursing home from distributing over-the-counter drugs from bulk
7supply. The department may consult with nursing homes as needed and may provide
8specialized consultations when requested by any nursing home, separate from its
9inspection process, to scrutinize any particular questions the nursing home raises.
10The department shall, by rule, define "specialized consultation".
AB75-ASA1, s. 1389 11Section 1389. 50.03 (5g) (cm) of the statutes is created to read:
AB75-ASA1,644,1812 50.03 (5g) (cm) If the department imposes a sanction on or takes other
13enforcement action against a community-based residential facility for a violation of
14this subchapter or rules promulgated under it, and the department subsequently
15conducts an on-site inspection of the community-based residential facility to review
16the community-based residential facility's action to correct the violation, the
17department may impose a $200 inspection fee on the community-based residential
18facility.
AB75-ASA1, s. 1390 19Section 1390. 50.031 of the statutes is created to read:
AB75-ASA1,644,22 2050.031 Certification of 1-bed and 2-bed adult family homes. (1)
21Definition. In this section, "adult family home" has the meaning given in s. 50.01
22(1) (c).
AB75-ASA1,645,6 23(2) Certification. (a) After the date on which the family care benefit under
24s. 46.286 is first made available in a county, no person may operate an adult family
25home in that county that provides residential care to a recipient of supplemental

1security income under 42 USC 1381 to 1383c, a recipient of the family care benefit
2under s. 46.286, or a recipient of services under s. 46.27 (11), 46.275, 46.277, 46.278,
3or 46.2785, or under any other program operated under a waiver authorized by the
4secretary at the U.S. department of health and human services under 42 USC 1396n
5(b) or (c), unless the adult family home is certified by the department under par. (b)
6or (c).
AB75-ASA1,645,87 (b) The department shall certify an adult family home upon determining that
8the adult family home satisfies standards established under sub. (3).
AB75-ASA1,645,129 (c) The department shall certify an adult family home that was certified to
10receive payment for residential care under s. 46.27 (11), 46.275, 46.277, 46.278, or
1146.2785 by a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437 if the
12operator of the adult family home attests to all of the following:
AB75-ASA1,645,1413 1. That the adult family home was certified by the county department and is
14at the same location as when certified by the county department.
AB75-ASA1,645,1515 2. That the adult family home satisfies standards established under sub. (3).
AB75-ASA1,645,1716 (d) Certification under par. (b) or (c) shall be valid until revoked by the
17department.
AB75-ASA1,645,19 18(3) Standards. The department shall establish standards for certification
19under this section.
AB75-ASA1,645,22 20(4) Investigation. The department may investigate complaints that an adult
21family home certified under this section violated a standard for certification under
22sub. (3).
AB75-ASA1,645,25 23(5) Revocation. The department may revoke the certification of an adult
24family home that is certified under this section if the adult family home violates a
25standard established under sub. (3).
AB75-ASA1,646,2
1(6) Fee. The department may charge a fee for certification under sub. (2) (a)
2and a fee for a certification under sub. (2) (b).
AB75-ASA1, s. 1391 3Section 1391. 50.032 (2) of the statutes is amended to read:
AB75-ASA1,646,94 50.032 (2) Regulation. Standards Except as provided in sub. (2d), standards
5for operation of certified adult family homes and procedures for application for
6certification, monitoring, inspection, decertification and appeal of decertification
7under this section shall be under rules promulgated by the department under s.
850.02 (2) (am) 1. An adult family home certification is valid until decertified under
9this section. Certification is not transferable.
AB75-ASA1, s. 1392 10Section 1392. 50.032 (2d) of the statutes is created to read:
AB75-ASA1,646,1411 50.032 (2d) Accompaniment or visitation. If an adult family home has a policy
12on who may accompany or visit a patient, the adult family home shall extend the
13same right of accompaniment or visitation to a patient's domestic partner under
14ch.770 as is accorded the spouse of a patient under the policy.
AB75-ASA1, s. 1393 15Section 1393. 50.033 (2) of the statutes is amended to read:
AB75-ASA1,647,216 50.033 (2) Regulation. Standards Except as provided in sub. (2d), standards
17for operation of licensed adult family homes and procedures for application for
18licensure, monitoring, inspection, revocation and appeal of revocation under this
19section shall be under rules promulgated by the department under s. 50.02 (2) (am)
202. An adult family home licensure is valid until revoked under this section.
21Licensure is not transferable. The biennial licensure fee for a licensed adult family
22home is $135 $171, except that the department may, by rule, increase the amount of
23the fee
. The fee is payable to the county department under s. 46.215, 46.22, 46.23,
2451.42 or 51.437, if the county department licenses the adult family home under sub.

1(1m) (b), and is payable to the department, on a schedule determined by the
2department if the department licenses the adult family home under sub. (1m) (b).
AB75-ASA1, s. 1394 3Section 1394. 50.033 (2d) of the statutes is created to read:
AB75-ASA1,647,74 50.033 (2d) Accompaniment or visitation. If an adult family home has a policy
5on who may accompany or visit a patient, the adult family home shall extend the
6same right of accompaniment or visitation to a patient's domestic partner under ch.
7770 as is accorded the spouse of a patient under the policy.
AB75-ASA1, s. 1395 8Section 1395. 50.033 (3) of the statutes is amended to read:
AB75-ASA1,647,259 50.033 (3) Investigation of alleged violations. If the department or a
10licensing county department under sub. (1m) (b) is advised or has reason to believe
11that any person is violating this section or the rules promulgated under s. 50.02 (2)
12(am) 2., the department or the licensing county department shall make an
13investigation to determine the facts. For the purposes of this investigation, the
14department or the licensing county department may inspect the premises where the
15violation is alleged to occur. If the department or the licensing county department
16finds that the requirements of this section and of rules under s. 50.02 (2) (am) 2. are
17met, the department or the licensing county department may, if the premises are not
18licensed, license the premises under this section. If the department or the licensing
19county department finds that a person is violating this section or the rules under s.
2050.02 (2) (am) 2., the department or the licensing county department may institute
21an action under sub. (5). If the department takes enforcement action against an
22adult family home for violating this section or rules promulgated under s. 50.02 (2)
23(am) 2., and the department subsequently conducts an on-site inspection of the adult
24family home to review the adult family home's action to correct the violation, the
25department may impose a $200 inspection fee on the adult family home.
AB75-ASA1, s. 1396
1Section 1396. 50.034 (3) (e) of the statutes is created to read:
AB75-ASA1,648,52 50.034 (3) (e) If a residential care apartment complex has a policy on who may
3accompany or visit a patient, the residential care apartment complex shall extend
4the same right of accompaniment or visitation to a patient's domestic partner under
5ch. 770 as is accorded the spouse of a patient under the policy.
AB75-ASA1, s. 1397 6Section 1397. 50.034 (5t) of the statutes is created to read:
AB75-ASA1,648,117 50.034 (5t) Notice of Long-Term Care Ombudsman Program. A residential
8care complex shall post in a conspicuous location in the residential care apartment
9complex a notice, provided by the board on aging and long-term care, of the name,
10address, and telephone number of the Long-Term Care Ombudsman Program under
11s. 16.009 (2) (b).
AB75-ASA1, s. 1398 12Section 1398. 50.034 (10) of the statutes is created to read:
AB75-ASA1,648,1813 50.034 (10) Inspection fee. If the department takes enforcement action
14against a residential care apartment complex for a violation of this section or rules
15promulgated under sub. (2), and the department subsequently conducts an on-site
16inspection of the residential care apartment complex to review the residential care
17apartment complex's action to correct the violation, the department may impose a
18$200 inspection fee on the residential care apartment complex.
AB75-ASA1, s. 1399 19Section 1399. 50.035 (2d) of the statutes is created to read:
AB75-ASA1,648,2420 50.035 (2d) Accompaniment or visitation. If a community-based residential
21facility has a policy on who may accompany or visit a patient, the community-based
22residential facility shall extend the same right of accompaniment or visitation to a
23patient's domestic partner under ch. 770 as is accorded the spouse of a patient under
24the policy.
AB75-ASA1, s. 1400
1Section 1400. 50.037 (2) (a) of the statutes is renumbered 50.037 (2) (a) 1. and
2amended to read:
AB75-ASA1,649,63 50.037 (2) (a) 1. The Except as provided in subd. 2., the biennial fee for a
4community-based residential facility is $306 $389, plus a biennial fee of $39.60
5$50.25 per resident, based on the number of residents that the facility is licensed to
6serve.
AB75-ASA1, s. 1401 7Section 1401. 50.037 (2) (a) 2. of the statutes is created to read:
AB75-ASA1,649,98 50.037 (2) (a) 2. The department may, by rule, increase the amount of the fee
9under subd. 1.
AB75-ASA1, s. 1402 10Section 1402. 50.04 (2d) of the statutes is created to read:
AB75-ASA1,649,1411 50.04 (2d) Accompaniment or visitation. If a nursing home has a policy on who
12may accompany or visit a patient, the nursing home shall extend the same right of
13accompaniment or visitation to a patient's domestic partner under ch. 770 as is
14accorded the spouse of a patient under the policy.
AB75-ASA1, s. 1403 15Section 1403. 50.04 (4) (dm) of the statutes is created to read:
AB75-ASA1,649,2316 50.04 (4) (dm) Inspection fee. If the department takes enforcement action
17against a nursing home, including an intermediate care facility for the mentally
18retarded, as defined in 42 USC 1396d (d), for a violation of this subchapter or rules
19promulgated under it or for a violation of a requirement under 42 USC 1396r, and
20the department subsequently conducts an on-site inspection of the nursing home to
21review the nursing home's action to correct the violation, the department may, unless
22the nursing home is operated by the state, impose a $200 inspection fee on the
23nursing home.
AB75-ASA1, s. 1411 24Section 1411. 50.06 (2) (am) 2. b. of the statutes is amended to read:
AB75-ASA1,650,2
150.06 (2) (am) 2. b. The individual who is consenting to the proposed admission
2is the spouse or domestic partner under ch. 770 of the incapacitated person.
AB75-ASA1, s. 1412 3Section 1412. 50.06 (3) (a) of the statutes is amended to read:
AB75-ASA1,650,54 50.06 (3) (a) The spouse or domestic partner under ch. 770 of the incapacitated
5individual.
AB75-ASA1, s. 1413 6Section 1413. 50.065 (1) (c) 2. of the statutes is repealed.
AB75-ASA1, s. 1416 7Section 1416. 50.09 (1) (f) 1. of the statutes is amended to read:
AB75-ASA1,650,128 50.09 (1) (f) 1. Privacy for visits by spouse or domestic partner. If both spouses
9or both domestic partners under ch.770 are residents of the same facility, they the
10spouses or domestic partners
shall be permitted to share a room unless medically
11contraindicated as documented by the resident's physician or advanced practice
12nurse prescriber in the resident's medical record.
AB75-ASA1, s. 1417 13Section 1417. 50.14 (2) (am) of the statutes is amended to read:
AB75-ASA1,650,1614 50.14 (2) (am) For nursing homes, an amount not to exceed $75 $150 in state
15fiscal year 2009-10, and, beginning in state fiscal year 2010-11, an amount not to
16exceed $170
.
AB75-ASA1, s. 1417r 17Section 1417r. 50.35 of the statutes, as affected by 2009 Wisconsin Act 2, is
18amended to read:
AB75-ASA1,651,15 1950.35 Application and approval. Application for approval to maintain a
20hospital shall be made to the department on forms provided by the department. On
21receipt of an application, the department shall, except as provided in s. 50.498, issue
22a certificate of approval if the applicant and hospital facilities meet the requirements
23established by the department. The department shall issue a single certificate of
24approval for the University of Wisconsin Hospitals and Clinics Authority that
25applies to all of the Authority's inpatient and outpatient hospital facilities that meet

1the requirements established by the department and for which the Authority
2requests approval. For a free-standing pediatric teaching hospital, the department
3shall issue a single certificate of approval that applies to all of the hospital's inpatient
4and outpatient hospital facilities that meet the requirements established by the
5department and for which the hospital requests approval.
Except as provided in s.
650.498, this approval shall be in effect until, for just cause and in the manner herein
7prescribed, it is suspended or revoked. The certificate of approval may be issued only
8for the premises and persons or governmental unit named in the application and is
9not transferable or assignable. The department shall withhold, suspend or revoke
10approval for a failure to comply with s. 165.40 (6) (a) 1. or 2., but, except as provided
11in s. 50.498, otherwise may not withhold, suspend or revoke approval unless for a
12substantial failure to comply with ss. 50.32 to 50.39 or the rules and standards
13adopted by the department after giving a reasonable notice, a fair hearing and a
14reasonable opportunity to comply. Failure by a hospital to comply with s. 50.36 (3m)
15shall be considered to be a substantial failure to comply under this section.
AB75-ASA1, s. 1418 16Section 1418. 50.36 (3j) of the statutes is created to read:
AB75-ASA1,651,1917 50.36 (3j) If a hospital has a policy on who may accompany or visit a patient,
18the hospital shall extend the same right of accompaniment or visitation to a patient's
19domestic partner under ch. 770 as is accorded the spouse of a patient under the policy.
AB75-ASA1, s. 1419 20Section 1419. 50.36 (4) of the statutes is amended to read:
AB75-ASA1,652,521 50.36 (4) The department shall make or cause to be made such inspections and
22investigation, as are reasonably deemed necessary to obtain compliance with the
23rules and standards. It shall afford an opportunity for representatives of the
24hospitals to consult with members of the staff of the department concerning
25compliance and noncompliance with rules and standards. If the department takes

1enforcement action against a hospital for a violation of ss. 50.32 to 50.39, or rules
2promulgated or standards adopted under ss. 50.32 to 50.39, and the department
3subsequently conducts an on-site inspection of the hospital to review the hospital's
4action to correct the violation, the department may, unless the hospital is operated
5by the state, impose a $200 inspection fee on the hospital.
AB75-ASA1, s. 1419c 6Section 1419c. 50.36 (6) of the statutes is created to read:
AB75-ASA1,652,107 50.36 (6) If the department receives a credible complaint that a pharmacy
8located in a hospital has violated its duty to dispense contraceptive drugs and devices
9under s. 450.095 (2), the department shall refer the complaint to the department of
10regulation and licensing.
AB75-ASA1, s. 1420 11Section 1420. 50.49 (4) of the statutes is amended to read:
AB75-ASA1,652,2312 50.49 (4) Licensing, inspection and regulation. Except as provided in sub.
13(6m), the department may register, license, inspect and regulate home health
14agencies as provided in this section. The department shall ensure, in its inspections
15of home health agencies, that a sampling of records from private pay patients are
16reviewed. The department shall select the patients who shall receive home visits as
17a part of the inspection. Results of the inspections shall be made available to the
18public at each of the regional offices of the department. If the department takes
19enforcement action against a home health agency for a violation of this section or
20rules promulgated under this section, and the department subsequently conducts an
21on-site inspection of the home health agency to review the home health agency's
22action to correct the violation, the department may impose a $200 inspection fee on
23the home health agency.
AB75-ASA1, s. 1421 24Section 1421. 50.93 (5) of the statutes is created to read:
AB75-ASA1,653,5
150.93 (5) Inspection fee. If the department takes enforcement action against
2a hospice for a violation of this subchapter or rules promulgated under this
3subchapter, and the department subsequently conducts an on-site inspection of the
4hospice to review the hospice's action to correct the violation, the department may
5impose a $200 inspection fee on the hospice.
AB75-ASA1, s. 1422 6Section 1422. 50.94 (3) (a) of the statutes is amended to read:
AB75-ASA1,653,87 50.94 (3) (a) The spouse or domestic partner under ch. 770 of the person who
8is incapacitated.
AB75-ASA1, s. 1423 9Section 1423. 50.942 of the statutes is created to read:
AB75-ASA1,653,13 1050.942 Accompaniment or visitation. If a hospice has a policy on who may
11accompany or visit a patient, the hospice shall extend the same right of
12accompaniment or visitation to a patient's domestic partner under ch. 770 as is
13accorded the spouse of a patient under the policy.
AB75-ASA1, s. 1424 14Section 1424. 50.95 (1) of the statutes is amended to read:
AB75-ASA1,653,2415 50.95 (1) Standards Except as provided in s. 50.942, standards for the care,
16treatment, health, safety, rights, welfare and comfort of individuals with terminal
17illness, their families and other individuals who receive palliative care or supportive
18care from a hospice and the maintenance, general hygiene and operation of a hospice,
19which will permit the use of advancing knowledge to promote safe and adequate care
20and treatment for these individuals. These standards shall permit provision of
21services directly, as required under 42 CFR 418.56, or by contract under which
22overall coordination of hospice services is maintained by hospice staff members and
23the hospice retains the responsibility for planning and coordination of hospice
24services and care on behalf of a hospice client and his or her family, if any.
AB75-ASA1, s. 1424g 25Section 1424g. 51.01 (11m) of the statutes is created to read:
AB75-ASA1,654,2
151.01 (11m) "Licensed mental health professional" has the meaning given in
2s. 632.89 (1) (dm).
Loading...
Loading...