AB100: Bill Text Engrossed

AB100-engrossed,961,11 (c) If the background information form completed by a person under sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at an entity for a reason specified in par. (ag) 1. to 5., an entity may employ or contract with the person or permit the person to reside at the entity for not more than 60 days pending the receipt of the information sought under par. (b) 1. An entity shall provide supervision for a person who is employed or contracted with or permitted to reside as permitted under this paragraph.

AB100-engrossed,961,14 (3) (a) Every 4 years or at any time within that period that the department considers appropriate, the department shall request the information specified in sub. (2) (am) 1. to 4. for all persons who are licensed to operate an entity.

AB100-engrossed,961,17 (b) Every 4 years or at any other time within that period that an entity considers appropriate, the entity shall request the information specified in sub. (2) (b) 1. a. to d. for all persons specified in sub. (2) (ag) (intro.).

AB100-engrossed,961,22 (3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department obtains the information required under sub. (2) (am) or (3) (a) with respect to a person specified in sub. (2) (a) (intro.) and that person is also an employe, contractor or resident of the entity, the entity is not required to obtain the information specified in sub. (2) (b) 1. or (3) (b) with respect to that person.

AB100-engrossed,961,24 (4) An entity that violates sub. (2) or (3) may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.

AB100-engrossed,962,9 (5) The department may license to operate an entity a person who otherwise may not be licensed for a reason specified in sub. (2) (a) 1. to 5., and an entity may employ, contract with or permit to reside at the entity a person who otherwise may not be employed, contracted with or permitted to reside at the entity for a reason specified in sub. (2) (ag) 1. to 5., if the person demonstrates to the department by clear and convincing evidence and in accordance with procedures established by the department by rule that he or she has been rehabilitated. No person who has been convicted of any of the following offenses may be permitted to demonstrate that he or she has been rehabilitated:

AB100-engrossed,962,10 (a) First-degree intentional homicide under s. 940.01.

AB100-engrossed,962,11 (b) First degree sexual assault under s. 940.225 (1).

AB100-engrossed,962,12 (c) First degree sexual assault of a child under s. 948.02 (1).

AB100-engrossed,962,15 (d) Second degree sexual assault of a child under s. 948.02 (2) if the person was, at the time of the sexual contact or sexual intercourse, more than 4 years older than the child with whom the person had the sexual contact or sexual intercourse.

AB100-engrossed,962,20 (e) Repeated acts of sexual assault of the same child under s. 948.025 if the child had not attained the age of 13, or if the child had attained the age of 13 and had not attained the age of 16 and the person was, at the time of the sexual contact or sexual intercourse, more than 4 years older than the child with whom the person had the sexual contact or sexual intercourse.

AB100-engrossed,962,25 (5c) Any person who is permitted but fails under sub. (5) to demonstrate to the department that he or she has been rehabilitated may appeal to the secretary of health and family services or his or her designee. Any person who is adversely affected by a decision of the secretary or his or her designee under this subsection has a right to a contested case hearing under ch. 227.

AB100-engrossed,963,8 (5g) Beginning on the first January 1 after the effective date of this subsection .... [revisor inserts date], and annually thereafter, the department shall submit a report to the legislature under s. 13.172 (2) that specifies the number of persons in the previous year who have requested to demonstrate to the department that they have been rehabilitated under sub. (5), the number of persons who successfully demonstrated that they have been rehabilitated under sub. (5) and the reasons for the success or failure of a person who has attempted to demonstrate that he or she has been rehabilitated.

AB100-engrossed,963,15 (5m) Notwithstanding s. 111.335, the department may refuse to license a person to operate an entity, and an entity may refuse to employ, contract with or permit to reside at the entity a person specified in sub. (2) (ag) (intro.), if the person has been convicted of an offense that the department has not defined as a "serious crime" by rule promulgated under sub. (7) (a), or specified in the list established by rule under sub. (7) (b), but that is, in the estimation of the department or entity, substantially related to the care of a client.

AB100-engrossed,963,18 (6) (a) The department shall require any person who applies for issuance or continuation of a license to operate an entity to complete a background information form that is provided by the department.

AB100-engrossed,963,21 (am) Every 4 years an entity shall require all of the following persons to complete a background information form that is provided to the entity by the department:

AB100-engrossed,963,24 1. A person who is an employe, prospective employe, contractor or prospective contractor of the entity, who will be under the entity's control and who has, or is expected to have, access to its clients, other than a person specified in sub. (2) (b) 2.

AB100-engrossed,964,3 2. A person who is a resident or prospective resident at the entity and who is not a client or prospective client of the entity, if the person has, or is expected to have, access to any client of the entity.

AB100-engrossed,964,9 (b) For persons specified under par. (a) who are regulated, licensed or certified by, or registered with, the department, for person specified in par. (am) 2., and for other persons specified by the department by rule, the entity shall send the background information form to the department. For all other persons specified in par. (a) and for persons specified under par. (am) 1., the entity shall maintain the background information form on file for inspection by the department.

AB100-engrossed,964,12 (c) A person who provides false information on a background information form required under this subsection may be required to forfeit not more than $1,000 and may be subject to other sanctions specified by the department by rule.

AB100-engrossed,964,13 (7) The department shall do all of the following:

AB100-engrossed,964,22 (a) Establish by rule a definition of "serious crime" for the purpose of this section. The definition shall include only crimes or acts that are substantially related to the care of a client and shall include classes of crimes or acts involving abuse or neglect of a client for which no person who has committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated. The definition may also include other crimes or acts that do not involve abuse or neglect of a client but that are substantially related to the care of a client for which no person who committed any of those crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been rehabilitated.

AB100-engrossed,965,4 (b) Establish by rule a list of crimes or acts that are not included in the definition established under par. (a), that are substantially related to the care of clients and the commission of which warrants a less stringent measure than a bar on employment, residence or similar type of association with an entity. The rule shall be consistent with federal law and regulations and shall include a description of the measures to be taken for the crimes or acts that the department lists under this paragraph.

AB100-engrossed,965,8 (c) Conduct throughout the state periodic training sessions that cover criminal background investigations; reporting and investigating misappropriation of property or abuse or neglect of a client; and any other material that will better enable entities to comply with the requirements of this section.

AB100-engrossed,965,10 (d) Provide a background information form that requires the person completing the form to include his or her date of birth on the form.

AB100-engrossed,965,15 (8) The department may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a). 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.

AB100-engrossed, s. 2059f Section 2059f. 50.065 (2) (ag) (intro.) of the statutes, as created by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-engrossed,965,23 50.065 (2) (ag) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), an entity may not hire employ or contract with a person who will be under the entity's control, as defined by the department by rule, and who has, or is expected to have, access to its clients, or permit to reside at the entity a person who is not a client and who has, or is expected to have, access to a client, if the entity knows or should have known any of the following:

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

AB100-engrossed,966,7 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-engrossed, s. 2062 Section 2062. 50.13 of the statutes is amended to read:

AB100-engrossed,966,15 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 residential care apartment complexes 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-engrossed, s. 2062m Section 2062m. 50.135 (2) (c) of the statutes is amended to read:

AB100-engrossed,966,19 50.135 (2) (c) The fees collected under par. (a) shall be credited to the appropriation appropriations under s. 20.435 (1) (gm) and (6) (jm) as specified in those appropriations for licensing, review and certifying activities.

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

AB100-engrossed,967,3 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-engrossed, s. 2065 Section 2065. 50.49 (2) (b) of the statutes is amended to read:

AB100-engrossed,967,7 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-engrossed, s. 2066 Section 2066. 50.49 (6) (title) of the statutes is amended to read:

AB100-engrossed,967,10 50.49 (6) (title) Issuance of license; inspection and investigation; annual renewal; nontransferable report; nontransferability; content.

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

AB100-engrossed,967,17 50.49 (6) (a) 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-engrossed, s. 2068 Section 2068. 50.49 (6) (b) of the statutes is amended to read:

AB100-engrossed,967,22 50.49 (6) (b) 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-engrossed, s. 2069 Section 2069. 50.49 (6) (c) of the statutes is amended to read:

AB100-engrossed,968,3 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-engrossed, s. 2070 Section 2070. 50.49 (6) (d) of the statutes is created to read:

AB100-engrossed,968,11 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-engrossed, s. 2072 Section 2072. 50.495 of the statutes is created to read:

AB100-engrossed,968,19 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-engrossed, s. 2073 Section 2073. 50.51 (2) (b) of the statutes is amended to read:

AB100-engrossed,968,22 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-engrossed, s. 2074 Section 2074. 50.51 (2) (c) of the statutes is amended to read:

AB100-engrossed,969,3 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-engrossed, s. 2075 Section 2075. 50.52 (2) (intro.) of the statutes is amended to read:

AB100-engrossed,969,7 50.52 (2) (intro.) 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:

AB100-engrossed, s. 2075c Section 2075c. 50.52 (2) (a) of the statutes is amended to read:

AB100-engrossed,969,11 50.52 (2) (a) The applicant pays the appropriate license fee, as established under s. 50.51 (2) (c). Fees collected under this paragraph shall be credited to the appropriation under s. 20.435 (1) (gm) (6) (jm) for licensing and inspection activities.

AB100-engrossed, s. 2076 Section 2076. 50.52 (4) of the statutes is amended to read:

AB100-engrossed,969,16 50.52 (4) Unless sooner revoked or suspended, a A regular initial license or a license renewal issued to a rural medical center is valid for 24 months from the date of issuance and a until it is suspended or revoked. A provisional license issued to a rural medical center is valid for 6 months from the date of issuance.

AB100-engrossed, s. 2077 Section 2077. 50.535 of the statutes is created to read:

AB100-engrossed,969,24 50.535 Reporting. Every 24 months, on a schedule determined by the department, a licensed rural medical center shall submit a biennial report in the form and containing the information that the department requires, including payment of the fee required under s. 50.51 (2) (c). 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-engrossed, s. 2078 Section 2078. 50.56 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,970,5 50.56 (1) (intro.) Any of the following facilities or entities is not required to obtain licensure or a certificate of approval under the following statutes or to pay initial or renewal license fees under the following statutes if all of the services of the facility or entity are provided as a part of a rural medical center that holds a current, valid license under this subchapter:

AB100-engrossed, s. 2079 Section 2079. 50.57 of the statutes is created to read:

AB100-engrossed,970,13 50.57 Fees permitted for a workshop or seminar. If the department develops and provides a workshop or seminar relating to the provision of services by rural medical centers 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-engrossed, s. 2080 Section 2080. 50.92 (2) of the statutes is amended to read:

AB100-engrossed,970,18 50.92 (2) The department shall issue an initial license or a renewal of a license if the department finds that the applicant is fit and qualified and that the hospice meets the requirements of this subchapter and the rules promulgated under this subchapter.

AB100-engrossed, s. 2081 Section 2081. 50.92 (4) (a) of the statutes is amended to read:

AB100-engrossed,971,7 50.92 (4) (a) In lieu of inspecting or investigating a hospice under sub. (3) prior to issuance of an initial a license, the department may accept evidence that a hospice applying for licensure under s. 50.93 has been inspected under and is currently certified as meeting the conditions for medicare participation under 42 USC 1395 to 1395ccc. In lieu of inspecting or investigating a hospice under sub. (3) prior to issuance of a license renewal, the department shall accept evidence that a hospice applying for licensure under s. 50.93 has been inspected under and is currently certified as meeting the conditions for medicare participation under 42 USC 1395 to 1395ccc. The department shall inspect or investigate under sub. (3) prior to issuance of an initial license or a renewal of a license If a hospice that fails to meet the conditions for medicare participation under 42 USC 1395 to 1395ccc , the department shall inspect or investigate the hospice under sub. (3) before initially issuing a license for the hospice.

AB100-engrossed, s. 2082 Section 2082. 50.92 (4) (b) of the statutes is amended to read:

AB100-engrossed,971,16 50.92 (4) (b) In lieu of inspecting or investigating a hospice under sub. (3) prior to issuance of an initial license or a renewal of a license, the department may accept evidence that a hospice applying for licensure under s. 50.93 has been inspected under and is currently in compliance with the hospice requirements of the joint commission for the accreditation of health organizations. A hospice shall provide the department with a copy of the report by the joint commission for the accreditation of health organizations of each periodic review the association conducts of the hospice.

AB100-engrossed, s. 2083 Section 2083. 50.92 (5) of the statutes is amended to read:

AB100-engrossed,972,2 50.92 (5) The past record of violations of applicable laws or regulations of the United States or of state statutes or rules of this or any other state, in the operation of any health-related organization, by an operator, managing employe or direct or indirect owner of a hospice or of an interest of a hospice is relevant to the issue of the fitness of an applicant for receipt of an initial license or the renewal of a license. The department or the department's designated representative shall inspect and investigate as necessary to determine the conditions existing in each case under this subsection and shall prepare and maintain a written report concerning the investigation and inspection.

AB100-engrossed, s. 2084 Section 2084. 50.93 (1) (intro.) of the statutes is amended to read:

AB100-engrossed,972,5 50.93 (1) Application. (intro.) The application for an initial license, for renewal of a license or for a provisional license shall:

AB100-engrossed, s. 2085 Section 2085. 50.93 (1) (c) of the statutes is amended to read:

AB100-engrossed,973,2 50.93 (1) (c) Include licensing fee payment, unless the licensing fee is waived by the department on a case-by-case basis under criteria for determining financial hardship established in rules promulgated by the department. An initial licensing fee is $300, except that, for a hospice that is a nonprofit corporation and that is served entirely by uncompensated volunteers or employs persons in not more than 1.5 positions at 40 hours of employment per week, the initial licensing fee is $25. The renewal annual fee thereafter is an amount equal to 0.15% of the net annual income of the hospice, based on the most recent annual report of the hospice under par. (d) sub. (3m), or, if that amount is less than $200, the renewal fee is $200, whichever is greater, and if that the amount equal to 0.15% of the net annual income of the hospice is greater than $1,000, the renewal fee is $1,000, except that for a hospice that is a nonprofit corporation and that is served entirely by uncompensated volunteers or employs persons in not more than 1.5 positions at 40 hours of employment per week the renewal annual fee is $10. The amount of the provisional licensing fee shall be established under s. 50.95 (2). The initial licensing fee for an initial license a hospice, including the initial licensing fee for a hospice that is a nonprofit corporation and that is served entirely by uncompensated volunteers or employs persons in not more than 1.5 positions at 40 hours of employment per week, issued after September 1 shall may be prorated according to the number of full months remaining in the license period.

AB100-engrossed, s. 2086 Section 2086. 50.93 (1) (d) of the statutes is repealed.

AB100-engrossed, s. 2087 Section 2087. 50.93 (2) (title) of the statutes is amended to read:

AB100-engrossed,973,5 50.93 (2) (title) Issuance of initial license or license renewal.

AB100-engrossed, s. 2088 Section 2088. 50.93 (2) (a) of the statutes is amended to read:

AB100-engrossed,973,9 50.93 (2) (a) Unless sooner revoked or suspended, an initial A hospice license or renewal of a license issued to a hospice is valid for 12 months from the date of issuance until suspended or revoked.

AB100-engrossed, s. 2089 Section 2089. 50.93 (2) (b) of the statutes is repealed.

AB100-engrossed, s. 2090 Section 2090. 50.93 (2) (d) of the statutes is amended to read:

AB100-engrossed,973,14 50.93 (2) (d) Any initial license or renewal of a license shall state any additional information or granted under special limitations prescribed by the department shall state the limitations.

AB100-engrossed, s. 2092 Section 2092. 50.93 (3m) of the statutes is created to read:

AB100-engrossed,973,25 50.93 (3m) Reporting. Every 12 months, on a schedule determined by the department, a licensed hospice shall submit an annual report in the form and containing the information that the department requires, including payment of the fee required under sub. (1) (c), evidence of current certification as meeting the conditions for medicare participation under 42 USC 1395 to 1395ccc and evidence of current compliance with the hospice requirements of the joint commission for the accreditation of health organizations. 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-engrossed, s. 2093 Section 2093. 50.93 (4) (title) of the statutes is amended to read: