AB100: Bill Text

AB100, s. 2016 Section 2016. 50.03 (4) (d) of the statutes is amended to read:

AB100,895,23 50.03 (4) (d) Immediately upon the denial under this section of any application for a license under this section, the department shall notify the applicant in writing. Notice of denial shall include a clear and concise statement of the violations on which denial is based and notice of the opportunity for a hearing under s. 227.44. If the applicant desires to contest the denial of a license it shall provide written notice to the department of a request for a hearing within 10 days after receipt of the notice of denial.

AB100, s. 2017 Section 2017. 50.03 (4) (e) of the statutes is amended to read:

AB100,896,8 50.03 (4) (e) Each license shall be issued only for the premises and persons named in the application and shall not be is not transferable or assignable. The license shall be posted in a place readily visible to residents and visitors, such as the lobby or reception area of the facility. Any license granted shall state the maximum bed capacity allowed, the person to whom the license is granted, the date, the expiration date of issuance, the maximum level of care for which the facility is licensed as a condition of its licensure and such additional information and special conditions as the department may prescribe.

AB100, s. 2018 Section 2018. 50.03 (4) (f) of the statutes is amended to read:

AB100,896,13 50.03 (4) (f) The issuance or renewal continuance of a license after notice of a violation has been sent shall not constitute a waiver by the department of its power to rely on the violation as the basis for subsequent license revocation or other enforcement action under this subchapter arising out of the notice of violation.

AB100, s. 2019 Section 2019. 50.03 (4m) (a) of the statutes is amended to read:

AB100,896,24 50.03 (4m) (a) If the applicant for licensure as a nursing home has not been previously licensed under this subchapter or if the nursing home is not in operation at the time application is made, the department shall, except as provided in s. 50.022, issue a probationary license. A probationary license shall be valid for 12 months from the date of issuance unless sooner suspended or revoked under sub. (5) or s. 50.022. Prior to the expiration of a probationary license, the department shall inspect the nursing home and, if the nursing home meets the applicable requirements for licensure, shall issue a regular license under sub. (4) (a) 1. a. If the department finds that the nursing home does not meet the requirements for licensure, the department may not issue a regular license under sub. (4) (a) 1. a.

AB100, s. 2020 Section 2020. 50.03 (4m) (b) of the statutes is amended to read:

AB100,897,15 50.03 (4m) (b) If the applicant for licensure as a community-based residential facility has not been previously licensed under this subchapter or if the community-based residential facility is not in operation at the time application is made, the department shall, except as provided in s. 50.022, issue a probationary license, except that the department may deny licensure to any person who conducted, maintained, operated or permitted to be maintained or operated a community-based residential facility for which licensure was revoked within 5 years before application is made. A probationary license shall be valid for up to 12 months from the date of issuance unless sooner suspended or revoked under sub. (5g) or s. 50.022. Prior to the expiration of a probationary license, the department shall inspect the community-based residential facility and, if the community-based residential facility meets the applicable requirements for licensure, shall issue a regular license under sub. (4) (a) 1. b. If the department finds that the community-based residential facility does not meet the requirements for licensure, the department may not issue a regular license under sub. (4) (a) 1. b.

AB100, s. 2021 Section 2021. 50.03 (5) (title) of the statutes is amended to read:

AB100,897,18 50.03 (5) (title) Nonrenewal Suspension and revocation of nursing home licenses.

AB100, s. 2022 Section 2022. 50.03 (5) (a) of the statutes is amended to read:

AB100,898,2 50.03 (5) (a) Power of department. The department, after notice to a nursing home applicant or licensee, may suspend, or revoke or refuse to renew a license in any case in which the department finds that the nursing home has substantially failed to comply with the applicable requirements of this subchapter and the rules promulgated under this subchapter. No state or federal funds passing through the state treasury may be paid to a nursing home that does not have a valid license issued under this section.

AB100, s. 2023 Section 2023. 50.03 (5) (b) of the statutes is amended to read:

AB100,898,7 50.03 (5) (b) Form of notice. Notice under this subsection shall include a clear and concise statement of the violations on which the nonrenewal or revocation is based, the statute or rule violated and notice of the opportunity for an evidentiary hearing under par. (c).

AB100, s. 2024 Section 2024. 50.03 (5) (c) of the statutes is amended to read:

AB100,898,14 50.03 (5) (c) (title) Contest of nonrenewal or revocation. If a nursing home desires to contest the nonrenewal or revocation of a license, the nursing home shall, within 10 days after receipt of notice under par. (b), notify the department in writing of its request for a hearing under s. 227.44. The department shall hold the hearing within 30 days of receipt of such notice and shall send notice to the nursing home of the hearing as provided under s. 227.44 (2).

AB100, s. 2025 Section 2025. 50.03 (5) (d) (title) of the statutes is amended to read:

AB100,898,16 50.03 (5) (d) (title) Effective date of nonrenewal or revocation.

AB100, s. 2026 Section 2026. 50.03 (5) (d) 2. of the statutes is repealed.

AB100, s. 2027 Section 2027. 50.03 (5) (d) 3. of the statutes is amended to read:

AB100,898,21 50.03 (5) (d) 3. The department may extend the effective date of license revocation or expiration in any case in order to permit orderly removal and relocation of residents of the nursing home.

AB100, s. 2028 Section 2028. 50.03 (5) (e) of the statutes is created to read:

AB100,898,24 50.03 (5) (e) Applicability. This subsection does not apply to the nonrenewal or revocation of a nursing home license under s. 50.022.

AB100, s. 2029 Section 2029. 50.03 (5g) (c) 1. c. of the statutes is amended to read:

AB100,899,8 50.03 (5g) (c) 1. c. All forfeitures shall be paid to the department, or arrangements acceptable to the department for payment of those forfeitures shall be made, within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (f), 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 under s. 50.03 (11). The department shall remit all forfeitures paid under this subdivision to the state treasurer for deposit in the school fund.

AB100, s. 2030 Section 2030. 50.03 (5g) (c) 3. of the statutes is amended to read:

AB100,899,11 50.03 (5g) (c) 3. Refusal to renew licensure or revocation Revocation of licensure, as specified in pars. (d) to (g).

AB100, s. 2031 Section 2031. 50.03 (5g) (d) (intro.) of the statutes is amended to read:

AB100,899,14 50.03 (5g) (d) (intro.) Under the procedure specified in par. (e), the department may revoke or refuse to renew a license for a licensee for any of the following reasons:

AB100, s. 2032 Section 2032. 50.03 (5g) (e) 1. of the statutes is amended to read:

AB100,899,24 50.03 (5g) (e) 1. The department may revoke or refuse to renew a license for a licensee for the reason specified in par. (d) 1., 2., 3. or 4. and may refuse to renew a license for a licensee for the reason specified in par. (d) 1., 2. or 3. if the department provides the licensee with written notice of revocation or nonrenewal, the grounds for the revocation or nonrenewal and an explanation of the process for appealing the revocation or nonrenewal, at least 30 days before the date of revocation or license expiration. The department may revoke or refuse to renew the license only if the violation remains substantially uncorrected on the date of revocation or license expiration.

AB100, s. 2033 Section 2033. 50.03 (5g) (em) of the statutes is created to read:

AB100,900,5 50.03 (5g) (em) The department shall refuse to continue a license if, on the date on which the licensing fee under s. 50.037 is due, the licensee has outstanding any forfeiture imposed by the department under par. (c) that the licensee has failed to pay in accordance with par. (c) 1. c. or in accordance with an arrangement made under par. (c) 1. c.

AB100, s. 2034 Section 2034. 50.03 (5g) (f) of the statutes is amended to read:

AB100,900,13 50.03 (5g) (f) If a community-based residential facility desires to contest the nonrenewal or revocation of a license or to contest the imposing of a sanction under this subsection, the community-based residential facility shall, within 10 days after receipt of notice under par. (e), notify the department in writing of its request for a hearing under s. 227.44. The department shall hold the hearing within 30 days after receipt of such notice and shall send notice to the community-based residential facility of the hearing as provided under s. 227.44 (2).

AB100, s. 2035 Section 2035. 50.03 (5g) (g) 2. of the statutes is repealed.

AB100, s. 2036 Section 2036. 50.03 (5g) (g) 3. of the statutes is amended to read:

AB100,900,18 50.03 (5g) (g) 3. The department may extend the effective date of license revocation or expiration in any case in order to permit orderly removal and relocation of residents.

AB100, s. 2037 Section 2037. 50.03 (5g) (h) of the statutes is created to read:

AB100,900,21 50.03 (5g) (h) Applicability. This subsection does not apply to the nonrenewal or revocation of a community-based residential facility license under s. 50.022.

AB100, s. 2038 Section 2038. 50.03 (5m) (a) 2. of the statutes is amended to read:

AB100,900,25 50.03 (5m) (a) 2. The department has suspended, or revoked or refused to renew the existing license of the facility as provided under sub. (5) or, after December 31, 1997, s. 50.022.

AB100, s. 2039 Section 2039. 50.03 (5m) (a) 3. of the statutes is amended to read:

AB100,901,5 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, s. 2040 Section 2040. 50.03 (11) (e) of the statutes is created to read:

AB100,901,8 50.03 (11) (e) This subsection does not apply to the denial, nonrenewal or revocation of a facility license under s. 50.022 (4).

AB100, s. 2041 Section 2041. 50.032 (2) of the statutes is amended to read:

AB100,901,16 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. Except as provided in s. 50.022 after December 31, 1997, 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, s. 2042 Section 2042. 50.032 (2r) of the statutes is created to read:

AB100,901,25 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, s. 2043 Section 2043. 50.032 (4) of the statutes is amended to read:

AB100,902,10 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, s. 2044 Section 2044. 50.033 (2) of the statutes is amended to read:

AB100,902,22 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. Except as provided in s. 50.022 after December 31, 1997, 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, s. 2045 Section 2045. 50.033 (2m) of the statutes is created to read:

AB100,903,5 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, s. 2046 Section 2046. 50.033 (4) of the statutes is amended to read:

AB100,903,15 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, s. 2047 Section 2047. 50.034 (7) of the statutes is amended to read:

AB100,904,2 50.034 (7) Revocation of certification. Certification for an assisted living facility may be revoked because of the substantial and intentional violation of this section or of rules promulgated by the department under sub. (2) 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 revocation of certification and the grounds for the revocation. Any Except for a denial, nonrenewal or revocation of certification under s. 50.022 (4), 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 revocation of certification, appeal under the procedures specified by the department by rule under sub. (2).

AB100, s. 2048 Section 2048. 50.035 (8) of the statutes is created to read:

AB100,904,7 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, s. 2049 Section 2049 . 50.037 (2) (a) of the statutes is amended to read:

AB100,904,11 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, s. 2050 Section 2050. 50.037 (2) (b) of the statutes is amended to read:

AB100,904,19 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, s. 2051 Section 2051. 50.037 (2) (c) of the statutes is amended to read:

AB100,905,2 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, s. 2052 Section 2052. 50.04 (2m) of the statutes is amended to read:

AB100,905,8 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, s. 2053 Section 2053. 50.04 (6) (a) of the statutes is amended to read:

AB100,905,16 50.04 (6) (a) Power of department. In addition to the right to assess forfeitures under sub. (5), the department may, except as provided in s. 50.022, issue a conditional license to any nursing home if the department finds that either a class "A" or class "B" violation, as defined in sub. (4), continues to exist in such home. The issuance of a conditional license shall revoke any outstanding license held by the nursing home. The nursing home may seek review of a decision to issue a conditional license as provided under s. 50.03 (5).

AB100, s. 2054 Section 2054. 50.05 (2) (b) of the statutes is amended to read:

AB100,905,19 50.05 (2) (b) The department has suspended, or revoked or refused to renew the existing license of the facility.

AB100, s. 2055 Section 2055. 50.05 (2) (c) of the statutes is amended to read:

AB100,905,24 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, s. 2056 Section 2056. 50.05 (4) of the statutes is amended to read:

AB100,906,25 50.05 (4) Appointment of receiver. Only the secretary, represented by the department of justice, may apply for a court order appointing the secretary or the secretary's designee receiver of the facility. The secretary, as represented, may apply by verified petition to the circuit court for Dane county for the order. The court shall hold a hearing on the petition within 5 days of the filing of the petition. The petition and notice of the hearing shall be served on the operator, administrator or designated agent of the facility as provided under ch. 801 or shall be posted in a conspicuous place in the facility not later than 3 days before the time specified for the hearing, unless a different period is fixed by order of the court. Notwithstanding ss. 803.01 to 803.09 and 844.18, the only persons who may appear as a party at the hearing under this subsection or sub. (5) are the secretary or the secretary's designee and the operator of the facility. The court shall appoint a receiver for a specified time period requested by the secretary up to 120 days, if it finds that any ground exists which would authorize the appointment of a receiver under sub. (2) and that appointment of a receiver will contribute to the continuity of care or the orderly and safe transfer of residents in the facility. The court may extend the period of receivership in 30-day increments only on the petition of the department and if the court finds that the department has been unable to transfer all of the residents to another suitable location or the department has determined that it is necessary for the receivership to be extended for the continued health, safety and welfare of the residents. Notwithstanding s. 808.03 (1) and except for the nonrenewal or revocation of the existing license of a facility under s. 50.022 (4), any order issued at the hearing on the petition for receivership under this subsection or sub. (5) or at a subsequent hearing concerning matters arising under the receivership or concerning termination of the receivership under sub. (14) may be appealed as a matter of right.

AB100, s. 2057 Section 2057. 50.05 (10) of the statutes is amended to read:

AB100,907,11 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, s. 2058 Section 2058. 50.05 (13) of the statutes is amended to read: