AB150: Bill Text

AB150, s. 3224 Section 3224. 50.02 (2) (am) 3. of the statutes is created to read:

AB150,1128,14 50.02 (2) (am) 3. For the purposes of s. 50.034, establishing minimum requirements for certification; application procedures and forms; standards for operation; and procedures for monitoring, revocation and appeal of revocation.

AB150, s. 3225 Section 3225. 50.02 (2) (b) of the statutes is renumbered 50.02 (2) (b) 1. and amended to read:

AB150,1128,21 50.02 (2) (b) 1. The department may shall conduct plan reviews of all capital construction and remodeling of nursing homes to ensure that the plans comply with building code requirements under ch. 101 and with life safety code and physical plant requirements under s. 49.498, this chapter or under rules promulgated under this chapter.

AB150,1129,2 2. The department shall promulgate rules that establish a fee schedule for its services under subd. 1. in conducting the plan reviews. The schedule established under these rules shall set fees for nursing home plan reviews in amounts that are less than the sum of the amounts required on September 30, 1995, for fees under this paragraph and for fees for examination of nursing home plans under s. 101.19 (1) (a), 1993 stats.

AB150, s. 3226 Section 3226. 50.02 (6) of the statutes is repealed.

AB150, s. 3227 Section 3227. 50.03 (4) (a) 1. b. of the statutes is amended to read:

AB150,1129,22 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. 140.85 (2) (a) 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 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operated or permitted to be maintained or operated a community-based residential facility for which licensure was revoked.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 community-based residential facility, the department shall consider all complaints filed under sub. (2) (f) during the current license period and the disposition of each. The department shall promulgate rules defining "fit and qualified" for the purposes of this subd. 1. b.

AB150, s. 3228 Section 3228. 50.03 (4) (c) of the statutes is renumbered 50.03 (4) (c) 1. and amended to read:

AB150,1130,13 50.03 (4) (c) 1. Unless sooner revoked or suspended, a community-based residential facility license shall be is valid for one year. Unless sooner revoked or suspended, a nursing home license is valid for one year, but may be issued to a new licensee for less than one year to coincide with the date of federal medical assistance certification as a skilled nursing facility or intermediate care facility 24 months. At least 120 days but not more than 150 30 days prior to license expiration, the applicant shall submit an annual a biennial report and application for renewal of the license in such the form and containing such the information as that the department requires. If the report and application are approved, the license shall be renewed for an additional one-year 24-month period. If the application for renewal and a complete annual report are not timely filed, the department shall issue a warning to the licensee. Failure to make application for renewal within 30 days there after may be after receipt of the warning is grounds for nonrenewal of the license.

AB150, s. 3229 Section 3229. 50.03 (4) (c) 2. of the statutes is created to read:

AB150,1130,25 50.03 (4) (c) 2. Unless sooner revoked or suspended, 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 shall submit an annual 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 a complete annual report are 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.

AB150, s. 3230 Section 3230. 50.03 (5g) (c) (intro.) of the statutes is amended to read:

AB150,1131,10 50.03 (5g) (c) (intro.) If the department provides to a community-based residential facility written notice of the grounds for a sanction or penalty, an explanation of the types of sanctions or penalties that the department may impose under this subsection and an explanation of the process for appealing a sanction or penalty imposed under this subsection, the department may impose any of the following against a licensee or other person who violates the applicable provisions of this section or rules promulgated under the applicable provisions of this section or who fails to comply with an order issued under par. (b) by the time specified in the order:

AB150, s. 3231 Section 3231. 50.03 (5g) (c) 1. a. of the statutes is amended to read:

AB150,1131,17 50.03 (5g) (c) 1. a. Within the limits specified in this subdivision, the department may, by rule, set daily forfeiture amounts and payment deadlines based on the size and type of community-based residential facility and the seriousness of the violation. As part of the order, the The department may set daily forfeiture amounts that increase periodically within the statutory limits if there is continued failure to comply with an order issued under par. (b).

AB150, s. 3232 Section 3232. 50.03 (14) (b) of the statutes is amended to read:

AB150,1132,2 50.03 (14) (b) The county departments of the county in which the facility is located that are responsible for providing services under s. 46.215 (1) (L), 46.22 (1) (b) 7. a. 1. c., 51.42 or 51.437 shall participate in the development and implementation of individual relocation plans. Any county department of another county shall participate in the development and implementation of individual relocation plans in place of the county departments of the county in which the facility is located, if the county department accepts responsibility for the resident or is delegated responsibility for the resident by the department or by a court.

AB150, s. 3233 Section 3233. 50.033 (2) of the statutes is amended to read:

AB150,1132,12 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 shall be under rules promulgated by the department under s. 50.02 (2) (am) 2. Licensure shall be for a term not to exceed 12 24 months from the date of issuance and is not transferable. The biennial licensure fee for a licensed adult family home is $100. 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 if the department licenses the adult family home under sub. (1m) (b).

AB150, s. 3234 Section 3234. 50.034 of the statutes is created to read:

AB150,1132,21 50.034 Assisted living facilities. (1) Certification required. No person may operate an assisted living facility that provides supportive, personal or nursing services to recipients of medical assistance unless the assisted living facility meets requirements as a provider of medical assistance and is so certified by the department under this subsection. Certification shall be for a term not to exceed 12 months from the date of issuance and is not transferable. The department may charge a fee, in an amount determined by the department, for certification under this subsection.

AB150,1133,2 (2) Regulation. Standards for operation of certified assisted living facilities and procedures for application for certification, monitoring, decertification and appeal of decertification shall be under rules promulgated by the department under s. 50.02 (2) (am) 3. The amount of any fee charged by the department for certification of an assisted living facility need not be promulgated as a rule under ch. 227.

AB150,1133,5 (3) Funding. Funding for supportive, personal or nursing services that a person who resides in an assisted living facility receives, other than private or 3rd-party funding, may be provided only under s. 46.27 (11) (c) 7. or 46.277 (5) (e).

AB150,1133,14 (4) Decertification. A certified assisted living facility 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) 3. or because of failure to meet the minimum requirements for certification. The operator of the certified assisted living facility shall be given written notice of any decertification and the grounds for the decertification. Any assisted living facility certification applicant or operator of a certified assisted living facility 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) 3.

AB150, s. 3235 Section 3235. 50.035 (2) (a) 3. of the statutes is amended to read:

AB150,1133,20 50.035 (2) (a) 3. The department or the department of industry, labor and human relations development may waive the requirement under subd. 1. or 2. for a community-based residential facility that has a smoke detection or sprinkler system in place that is at least as effective for fire protection as the type of system required under the relevant subdivision.

AB150, s. 3236 Section 3236. 50.035 (2) (b) (intro.) of the statutes is amended to read:

AB150,1133,25 50.035 (2) (b) (intro.) No facility may install a smoke detection system that fails to receive the approval of the department or of the department of industry, labor and human relations development. At least one smoke detector shall be located at each of the following locations:

AB150, s. 3237 Section 3237. 50.035 (7) of the statutes is created to read:

AB150,1134,8 50.035 (7) Statement of financial condition required. (a) No community-based residential facility may initially admit as a resident an individual who applies for admission to the facility and who intends to pay for residence in the facility from private funds, unless the individual provides certain financial information to the community-based residential facility. From this information, the community-based residential facility shall prepare and provide to the individual a statement of financial condition to which all of the following apply:

AB150,1134,9 1. The statement is pertinent to the individual.

AB150,1134,12 2. The statement estimates a date, if any, by which the individual's assets and other private funding sources would be depleted if the individual resides continuously in the community-based residential facility.

AB150,1134,15 3. The statement indicates that public funding may not be available when the individual's assets and other private funding sources, if any, are depleted and specifies options that may be available to the individual at that time.

AB150,1134,19 (b) The individual shall waive his or her right to confidentiality for the information provided under par. (a), to the administrator of the community-based residential facility, to the preparer of the statement of financial condition and, if par. (c) applies, to the county department under s. 46.215 or 46.22.

AB150,1134,23 (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.

AB150, s. 3238 Section 3238. 50.037 (2) (a) of the statutes is amended to read:

AB150,1135,3 50.037 (2) (a) The annual biennial fee for a community-based residential facility is $75 $180, plus an annual fee of $10 $24 per resident, based on the number of residents that the facility is licensed to serve.

AB150, s. 3239 Section 3239. 50.037 (2) (c) of the statutes is amended to read:

AB150,1135,11 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 annual biennial fee prior to the renewal date of the license, or a new community-based residential facility subject to this section that fails to submit the annual 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.

AB150, s. 3240 Section 3240. 50.037 (3) of the statutes is amended to read:

AB150,1135,16 50.037 (3) Exemption. Community-based residential facilities where the total monthly charges for each resident do not exceed the monthly state supplemental payment rate under s. 49.177 (3s) 49.77 (3s) that is in effect at the time the fee under sub. (2) is assessed are exempt from this section.

AB150, s. 3241 Section 3241. 50.05 (10) of the statutes is amended to read:

AB150,1136,2 50.05 (10) Contingency fund. If funds collected under subs. (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 funds fund created under s. 20.435 (1) (dm) and (6) (dm) to pay those the expenses associated with the receivership of a nursing home. Operating funds collected under this section and not applied to the expenses of 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.

AB150, s. 3242 Section 3242. 50.05 (15) (f) of the statutes is amended to read:

AB150,1136,19 50.05 (15) (f) The receiver shall, within 60 days after termination of the receivership, file a notice of any lien created under this subsection. No action on a lien created under this subsection may be brought more than 2 years after the date of filing. If the lien is on real property, the notice shall be filed with the clerk of circuit court of the county in which the facility is located and entered on the lien docket kept under s. 779.07. If the lien is on personal property, the lien shall be filed with the secretary of state department of financial institutions. The secretary of state department of financial institutions shall place the lien on personal property in the same file as financing statements are filed under ss. 409.401 and 409.402. The notice shall specify the name of the person against whom the lien is claimed, the name of the receiver, the dates of the petition for receivership and the termination of receivership, a description of the property involved and the amount claimed. No lien shall exist under this section against any person, on any property, or for any amount not specified in the notice filed under this paragraph. To the extent applicable, ch. 846 controls the foreclosure of liens under this subsection that attach to real property.

AB150, s. 3243 Section 3243. 50.135 (1) of the statutes is amended to read:

AB150,1136,25 50.135 (1) Definition. In this section, "inpatient health care facility" means any hospital, nursing home, county home, county mental hospital, tuberculosis sanatorium or other place licensed or approved by the department under ss. 49.14, 49.16, 49.171, 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073 and 252.076, but does not include community-based residential facilities.

AB150, s. 3244 Section 3244. 50.135 (2) (c) of the statutes is amended to read:

AB150,1137,5 50.135 (2) (c) The fees collected under par. (a) shall be credited to the appropriation under s. 20.435 (1) (gm) for health planning and cost containment activities and to the appropriation under s. 20.488 (1) (g) licensing, review and certifying activities.

AB150, s. 3245 Section 3245. 50.36 (1) of the statutes is amended to read:

AB150,1137,20 50.36 (1) The department shall promulgate, adopt, amend and enforce such rules and standards for hospitals for the construction, maintenance and operation of the hospitals deemed necessary to provide safe and adequate care and treatment of the patients in the hospitals and to protect the health and safety of the patients and employes; and nothing contained herein shall pertain to a person licensed to practice medicine and surgery or dentistry. The building codes and construction standards of the department of industry, labor and human relations development shall apply to all hospitals and the department may adopt additional construction codes and standards for hospitals, provided they are not lower than the requirements of the department of industry, labor and human relations development. Except for the construction codes and standards of the department of industry, labor and human relations development and except as provided in s. 50.39 (3), the department shall be the sole agency to adopt and enforce rules and standards pertaining to hospitals.

AB150, s. 3246 Section 3246. 50.36 (2) of the statutes is renumbered 50.36 (2) (a) and amended to read:

AB150,1138,2 50.36 (2) (a) The department may shall conduct plan reviews of all capital construction and remodeling projects of hospitals to ensure that the plans comply with building code requirements under ch. 101 and with physical plant requirements under this chapter or under rules promulgated under this chapter.

AB150,1138,8 (b) The department shall promulgate rules that establish a fee schedule for its services in conducting the plan reviews under par. (a). The schedule established under these rules shall set fees for hospital plan reviews in amounts that are less than the sum of the amounts required on September 30, 1995, for fees under this subsection and for fees for examination of hospital plans under s. 101.19 (1) (a), 1993 stats.

AB150, s. 3247 Section 3247. 50.39 (3) of the statutes is amended to read:

AB150,1138,18 50.39 (3) Facilities governed by ss. 45.365, 48.62, 49.14, 49.171, 49.70, 49.72, 50.02, 51.09, 58.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s. 48.02 (15m), correctional institutions governed by the department of corrections under s. 301.02 and the offices and clinics of persons licensed to treat the sick under chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physical therapists affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board and board of nursing in carrying out their statutory duties and responsibilities.

AB150, s. 3248 Section 3248. Subchapter III of chapter 50 [precedes 50.50] of the statutes is created to read:

AB150,1138,21 CHAPTER 50

AB150,1138,23 Subchapter III rural medical centers

AB150,1138,24 50.50 Definitions. In this subchapter:

AB150,1138,25 (1) "Ambulatory surgery center" has the meaning given in s. 49.45 (6r) (a) 1.

AB150,1139,2 (2) "End-stage renal disease services" has the meaning given under 42 CFR 405.2102.

AB150,1139,3 (3) "Health care services" means any of the following:

AB150,1139,4 (a) Care that is provided in or by any of the following:

AB150,1139,5 1. A hospital.

AB150,1139,6 2. A nursing home.

AB150,1139,7 3. A hospice.

AB150,1139,8 4. A rural health clinic.

AB150,1139,9 5. An ambulatory surgery center.

AB150,1139,10 (b) Home health services.

AB150,1139,11 (c) Outpatient physical therapy services.

AB150,1139,12 (d) End-stage renal disease services.

AB150,1139,13 (e) Services that are specified in rules that the department promulgates.

AB150,1139,14 (4) "Home health services" has the meaning given in s. 50.49 (1) (b).

AB150,1139,15 (5) "Hospice" has the meaning given in s. 50.90 (1).

AB150,1139,16 (6) "Hospital" has the meaning given in s. 50.33 (2) (a) or (b).

AB150,1139,17 (7) "Medicare" has the meaning given in s. 49.45 (3) (L) 1. b.

AB150,1139,19 (8) "Outpatient physical therapy services" has the meaning given under 42 USC 1395x (p).

AB150,1139,21 (9) "Patient" means an individual who receives services from a rural medical center.

AB150,1139,22 (10) "Rural health clinic" has the meaning given under 42 USC 1395x (aa) (2).

AB150,1139,24 (11) "Rural medical center" means a facility, building, structure, institution or place that meets all of the following conditions:

AB150,1140,2 (a) Provides 2 or more health care services through the facility, building, structure, institution or place or through a related corporate entity.

AB150,1140,5 (b) Is located in a county, city, town or village that has a population of less than 15,000 and that is in an area that is not an urbanized area, as defined by the federal bureau of the census.

AB150,1140,6 50.51 Departmental powers. The department shall do all of the following:

AB150,1140,8 (1) Provide uniform, statewide licensing, inspection and regulation of rural medical centers as specified in this subchapter.

AB150,1140,9 (2) Promulgate rules that establish all of the following:

AB150,1140,12 (a) For the operation of rural medical centers, standards that are designed to protect and promote the health, safety, rights and welfare of patients who receive health care services in rural medical centers.

AB150,1140,14 (b) Minimum requirements for issuance of a provisional license, an initial regular license or a regular license renewal to rural medical centers.