AB100: Bill Text

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:

AB100,907,16 50.05 (13) Licensing of facility under receivership. Other provisions of this chapter except s. 50.022 notwithstanding, the department may issue a license to a facility placed in receivership under this section. The duration of a license issued under this section is limited to the duration of the receivership.

AB100, s. 2059 Section 2059. 50.05 (15) (d) of the statutes is amended to read:

AB100,907,22 50.05 (15) (d) The lien provided by this subsection is prior to any lien or other interest which originates subsequent to the filing of a petition for receivership under this section, except for a construction or mechanic's lien arising out of work performed with the express consent of the receiver or a lien under s. 292.31 (8) (i), 292.41 (6) (d) or 292.81.

AB100, s. 2060 Section 2060. 50.053 of the statutes is amended to read:

AB100,908,4 50.053 Informal conference. The Except for the denial, nonrenewal or revocation of a license under s. 50.022 (4), the department may hold an informal conference with the parties to any contested action under this subchapter to resolve any or all issues prior to formal hearing. Unless any party to the contested case objects, the department may delay the commencement of the formal hearing in order to hold the informal conference.

AB100, s. 2061 Section 2061. 50.09 (6) (d) of the statutes is amended to read:

AB100,908,12 50.09 (6) (d) The facility shall attach a statement, which summarizes complaints or allegations of violations of rights established under this section, to an application for a new license or a renewal of its license. Such the report required under s. 50.03 (4) (c) 1. or 2. The statement shall contain the date of the complaint or allegation, the name of the persons involved, the disposition of the matter and the date of disposition. The department shall consider such the statement in reviewing the application report.

AB100, s. 2062 Section 2062. 50.13 of the statutes is amended to read:

AB100,908,20 50.13 Fees permitted for a workshop or seminar. If the department develops and provides a workshop or seminar relating to the provision of service by facilities, adult family homes or assisted living facilities under this subchapter, the department may establish a fee for each workshop or seminar and impose the fee on registrants for the workshop or seminar. A fee so established and imposed shall be in an amount sufficient to reimburse the department for the costs directly associated with developing and providing the workshop or seminar.

AB100, s. 2063 Section 2063. 50.35 of the statutes is amended to read:

AB100,909,10 50.35 Application and approval. Application for approval to maintain a hospital shall be made to the department on forms provided by the department. On receipt of an application, the department shall, except as provided in s. 50.022, issue a certificate of approval if the applicant and hospital facilities meet the requirements established by the department. This Except as provided in s. 50.022, this approval shall be in effect until, for just cause and in the manner herein prescribed, it is suspended or revoked. The certificate of approval may be issued only for the premises and persons or governmental unit named in the application and is not transferable or assignable. The Except as provided in s. 50.022, the department may not withhold, suspend or revoke approval unless for a substantial failure to comply with ss. 50.32 to 50.39 or the rules and standards adopted by the department after giving a reasonable notice, a fair hearing and a reasonable opportunity to comply. Failure by a hospital to comply with s. 50.36 (3m) shall be considered to be a substantial failure to comply under this section.

AB100, s. 2064 Section 2064. 50.355 of the statutes is created to read:

AB100,909,19 50.355 Reporting. Every 12 months, on a schedule determined by the department, an approved hospital shall submit an annual report in the form and containing the information that the department requires, including payment of the fee required under s. 50.135 (2) (a). If a complete annual report is not timely filed, the department shall issue a warning to the holder of the certificate for approval. The department may revoke approval for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.

AB100, s. 2065 Section 2065. 50.49 (2) (b) of the statutes is amended to read:

AB100,909,23 50.49 (2) (b) The department shall, by rule, set a license fee to be paid by home health agencies. The fee for license renewal shall be based on the annual net income, as determined by the department, of a home health agency.

AB100, s. 2066 Section 2066. 50.49 (6) (title) of the statutes is amended to read:

AB100,910,2 50.49 (6) (title) Issuance of license; inspection and investigation; annual renewal; nontransferable report; nontransferability; content.

AB100, s. 2067 Section 2067. 50.49 (6) (a) of the statutes is amended to read:

AB100,910,10 50.49 (6) (a) The Except as provided in s. 50.022 after December 31, 1997, the department shall issue a home health agency license if the applicant is fit and qualified, and if the home health agencies meet home health agency meets the requirements established by this section. The department, or its designated representatives, shall make such inspections and investigations as are necessary to determine the conditions existing in each case and file written reports. Each licensee shall annually file a report with the department.

AB100, s. 2068 Section 2068. 50.49 (6) (b) of the statutes is amended to read:

AB100,910,16 50.49 (6) (b) A Except as provided in s. 50.022 after December 31, 1997, a home health agency license, unless sooner is valid until suspended or revoked, shall be renewable at least biennially upon filing by the licensee, payment of the license fee and approval by the department of an annual report and application for renewal on forms provided by the department.

AB100, s. 2069 Section 2069. 50.49 (6) (c) of the statutes is amended to read:

AB100,910,22 50.49 (6) (c) Each license shall be issued only for the home health agency named in the application and shall not be is not transferable or assignable. If application for renewal is not so filed, such license is automatically canceled as of the date of its expiration. Any license granted shall state such additional information and special limitations as the department, by rule, prescribes.

AB100, s. 2070 Section 2070. 50.49 (6) (d) of the statutes is created to read:

AB100,911,5 50.49 (6) (d) Every 12 months, on a schedule determined by the department, a licensed home health agency shall submit an annual report in the form and containing the information that the department requires, including payment of the fee required under sub. (2) (b). If a complete annual 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. 2071 Section 2071. 50.49 (10) of the statutes is amended to read:

AB100,911,11 50.49 (10) Provisional licenses. A Except as provided in s. 50.022, a provisional license if approved by the department may be issued to any home health agency, the facilities of which are in use or needed for patients, but which is temporarily unable to conform to all the rules established under this section. A provisional license may not be issued for more than one year.

AB100, s. 2072 Section 2072. 50.495 of the statutes is created to read:

AB100,911,19 50.495 Fees permitted for a workshop or seminar. If the department develops and provides a workshop or seminar relating to the provision of services by hospitals and home health agencies under this subchapter, the department may establish a fee for each workshop or seminar and impose the fee on registrants for the workshop or seminar. A fee so established and imposed shall be in an amount sufficient to reimburse the department for the costs directly associated with developing and providing the workshop or seminar.

AB100, s. 2073 Section 2073. 50.51 (2) (b) of the statutes is amended to read:

AB100,911,22 50.51 (2) (b) Minimum requirements for issuance of a provisional license, or a regular initial license or a license renewal to rural medical centers.

AB100, s. 2074 Section 2074. 50.51 (2) (c) of the statutes is amended to read:

AB100,912,3 50.51 (2) (c) Fees for rural medical center provisional licensure and regular initial licensure and licensure renewal. The amounts of the fees shall be based on the health care services provided by the rural medical center.

AB100, s. 2075 Section 2075. 50.52 (2) (intro.) of the statutes is amended to read:

AB100,912,8 50.52 (2) (intro.) The Except as provided in s. 50.022 after December 31, 1997, the department shall issue a provisional license, or a regular initial license or a license renewal as a rural medical center to an applicant if all of the following are first done: