AB768,123,2018 c. The community-based residential facility has obtained a waiver from the
19department under this subdivision or has requested such a waiver from the
20department and the decision is pending.
AB768,123,2321 3. A community-based residential facility may provide more than 3 hours of
22nursing care per week or care above intermediate level nursing care to a resident who
23has a terminal illness and requires the care, under the following conditions:
AB768,123,2524 a. If the resident's primary care provider is a licensed hospice or a licensed home
25health agency.
AB768,124,4
1b. If the resident's primary care provider is not a licensed hospice or a licensed
2home health agency, but the community-based residential facility has obtained a
3waiver of the requirement under subd. 3. a. from the department or has requested
4such a waiver and the department's decision is pending.
AB768,124,95 (b) A community-based residential facility may not have a total of more than
64 residents or 10% of the facility's licensed capacity, whichever is greater, who qualify
7for care under par. (a) 1. or 2. unless the facility has obtained a waiver from the
8department of the limitation of this paragraph or has requested such a waiver and
9the department's decision is pending.
AB768,124,1110 (c) The department may grant a waiver of the limitation under par. (a) 2. or 3.
11a. or (b).
AB768, s. 227 12Section 227. 50.065 (1) (am) of the statutes is created to read:
AB768,124,1413 50.065 (1) (am) "Certificate of approval" means a certificate of approval issued
14under s. 50.35.
AB768, s. 228 15Section 228. 50.065 (1) (b) of the statutes, as created by 1997 Wisconsin Act
1627
, is amended to read:
AB768,124,1817 50.065 (1) (b) "Client" means a person who receives direct care or treatment
18services from an entity.
AB768, s. 229 19Section 229. 50.065 (1) (c) (intro.) of the statutes, as created by 1997 Wisconsin
20Act 27
, is amended to read:
AB768,124,2521 50.065 (1) (c) (intro.) "Entity" means a facility, organization or service that is
22regulated, licensed or certified by or registered with the department to provide direct
23care or treatment services to clients
. "Entity" includes a hospital, a personal care
24worker agency and a supportive home care service agency. "Entity" does not include
25any of the following:
AB768, s. 230
1Section 230. 50.065 (1) (c) 3. of the statutes, as created by 1997 Wisconsin Act
227
, is amended to read:
AB768,125,53 50.065 (1) (c) 3. A person certified as a medical assistance provider, as defined
4in s. 49.43 (10), who is not otherwise regulated approved under s. 50.065 (1) (cm),
5licensed or certified by or registered with the department.
AB768, s. 231 6Section 231. 50.065 (1) (c) 5. of the statutes, as created by 1997 Wisconsin Act
727
, is repealed.
AB768, s. 232 8Section 232. 50.065 (1) (c) 6. of the statutes is created to read:
AB768,125,99 50.065 (1) (c) 6. A public health dispensary established under s. 252.10.
AB768, s. 233 10Section 233. 50.065 (1) (cm) of the statutes is created to read:
AB768,125,1211 50.065 (1) (cm) "Hospital" means a facility approved as a hospital under s.
1250.35.
AB768, s. 234 13Section 234. 50.065 (2) (a) (intro.) of the statutes, as created by 1997 Wisconsin
14Act 27
, is amended to read:
AB768,125,1915 50.065 (2) (a) (intro.) Notwithstanding s. 111.335, and except as provided in
16sub. (5), the department may not license, certify, issue a certificate of approval to or
17register
a person to operate an entity or continue the license , certification, certificate
18of approval or registration
of a person to operate an entity if the department knows
19or should have known any of the following:
AB768, s. 235 20Section 235. 50.065 (2) (am) (intro.) of the statutes, as created by 1997
21Wisconsin Act 27
, is amended to read:
AB768,125,2522 50.065 (2) (am) (intro.) The Subject to subd. 5. and par. (bd), the department
23shall obtain all of the following with respect to a person specified under par. (a)
24(intro.) and a person specified under par. (ag) (intro.) who is a nonclient resident or
25prospective nonclient resident of an entity
:
AB768, s. 236
1Section 236. 50.065 (2) (am) 5. of the statutes is created to read:
AB768,126,122 50.065 (2) (am) 5. Information maintained by the department under this
3section regarding any denial to the person of a license, certification, certificate of
4approval or registration or of a continuation of a license, certification, certificate of
5approval or registration to operate an entity for a reason specified in par. (a) 1. to 5.
6and regarding any denial to the person of employment at, a contract with or
7permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the
8information obtained under this subdivision indicates that the person has been
9denied a license, certification, certificate of approval or registration, continuation of
10a license, certification, certificate of approval or registration, a contract, employment
11or permission to reside as described in this subdivision, the department need not
12obtain the information specified in subds. 1. to 4.
AB768, s. 237 13Section 237. 50.065 (2) (b) 1. (intro.) of the statutes, as created by 1997
14Wisconsin Act 27
, is amended to read:
AB768,126,1815 50.065 (2) (b) 1. (intro.) Subject to subds. 1. e. and 2. and 3. par. (bd), every
16entity shall obtain all of the following with respect to a person specified under par.
17(ag) (intro.) who is an employe or contractor or a prospective employe or contractor
18of the entity
:
AB768, s. 238 19Section 238. 50.065 (2) (b) 1. e. of the statutes is created to read:
AB768,127,520 50.065 (2) (b) 1. e. Information maintained by the department under this
21section regarding any denial to the person of a license, certification, certificate of
22approval or registration or of a continuation of a license, certification, certificate of
23approval or registration to operate an entity for a reason specified in par. (a) 1. to 5.
24and regarding any denial to the person of employment at, a contract with or
25permission to reside at an entity for a reason specified in par. (ag) 1. to 5. If the

1information obtained under this subd. 1. e. indicates that the person has been denied
2a license, certification, certificate of approval or registration, continuation of a
3license, certification, certificate of approval or registration, a contract, employment
4or permission to reside as described in this subd. 1. e., the entity need not obtain the
5information specified in subd. 1. a. to d.
AB768, s. 239 6Section 239. 50.065 (2) (b) 3. of the statutes, as created by 1997 Wisconsin Act
727
, is renumbered 50.065 (2) (bd) and amended to read:
AB768,127,198 50.065 (2) (bd) Subdivision 1. does not apply Notwithstanding pars. (am) and
9(b) 1., the department is not required to obtain the information specified in par. (am)
101. to 5., and an entity is not required to obtain the information specified in par. (b)
111. a. to e.,
with respect to a person under 18 years of age whose background
12information form under sub. (6) (am) indicates that the person is not ineligible to be
13employed, contracted with or permitted to reside at the an entity for a reason
14specified in par. (ag) 1. to 5. and with respect to whom the department or entity
15otherwise has no reason to believe that the person is ineligible to be employed,
16contracted with or permitted to reside at the an entity for any of those reasons. This
17paragraph does not preclude the department from obtaining, at its discretion, the
18information specified in par. (am) 1. to 5. with respect to a person described in this
19paragraph who is a nonclient resident or a prospective nonclient resident of an entity.
AB768, s. 240 20Section 240. 50.065 (2) (bg) of the statutes, as created by 1997 Wisconsin Act
2127
, is amended to read:
AB768,128,822 50.065 (2) (bg) If an entity takes an action specified in par. (ag) (intro.) with
23respect to a person an employe, prospective employe, contractor or prospective
24contractor
for whom, within the last 4 years, the information required under par. (b)
251. a. to c. and e. has already been obtained, either by another entity or by a temporary

1employment agency, the entity may obtain the information required under par. (b)
21. a. to c. and e. from that other entity or temporary employment agency, which shall
3provide the information, if possible, to the entity. If an entity cannot obtain the
4information required under par. (b) 1. a. to c. and e. from another entity or from a
5temporary employment agency or if an entity has reasonable grounds to believe that
6any information obtained from another entity or from a temporary employment
7agency is no longer accurate
, the entity shall obtain that information from the
8sources specified in par. (b) 1. a. to c and e.
AB768, s. 241 9Section 241. 50.065 (2) (c) of the statutes, as created by 1997 Wisconsin Act
1027
, is amended to read:
AB768,128,2311 50.065 (2) (c) If the background information form completed by a person under
12sub. (6) (am) indicates that the person is not ineligible to be employed , or contracted
13with or permitted to reside at an entity for a reason specified in par. (ag) 1. to 5., an
14entity may employ or contract with the person or permit the person to reside at the
15entity
for not more than 60 days pending the receipt of the information sought under
16par. (b) 1. If the background information form completed by a person under sub. (6)
17(am) indicates that the person is not ineligible to be permitted to reside at an entity
18for a reason specified in par. (ag) 1. to 5. and if an entity otherwise has no reason to
19believe that the person is ineligible to be permitted to reside at an entity for any of
20those reasons, the entity may permit the person to reside at the entity for not more
21than 60 days pending receipt of the information sought under par. (am).
An entity
22shall provide supervision for a person who is employed or contracted with or
23permitted to reside as permitted under this paragraph.
AB768, s. 242 24Section 242. 50.065 (3) (a) of the statutes, as created by 1997 Wisconsin Act
2527
, is amended to read:
AB768,129,5
150.065 (3) (a) Every 4 years or at any time within that period that the
2department considers appropriate, the department shall request the information
3specified in sub. (2) (am) 1. to 4. for all persons who are licensed to operate an entity
4and for all persons specified in par. (ag) (intro.) who are nonclient residents of an
5entity
.
AB768, s. 243 6Section 243. 50.065 (3) (b) of the statutes, as created by 1997 Wisconsin Act
727
, is amended to read:
AB768,129,118 50.065 (3) (b) Every 4 years or at any other time within that period that an
9entity considers appropriate, the entity shall request the information specified in
10sub. (2) (b) 1. a. to d. for all persons specified in sub. (2) (ag) (intro.) who are employes
11or contractors of the entity
.
AB768, s. 244 12Section 244. 50.065 (3m) of the statutes, as created by 1997 Wisconsin Act 27,
13is amended to read:
AB768,129,1814 50.065 (3m) Notwithstanding subs. (2) (b) 1. and (3) (b), if the department
15obtains the information required under sub. (2) (am) or (3) (a) with respect to a person
16specified in sub. (2) (a) (intro.) and that person is also an employe, contractor or
17nonclient resident of the entity, the entity is not required to obtain the information
18specified in sub. (2) (b) 1. or (3) (b) with respect to that person.
AB768, s. 245 19Section 245. 50.065 (5) (intro.) of the statutes, as created by 1997 Wisconsin
20Act 27
, is amended to read:
AB768,130,521 50.065 (5) (intro.) The department may license, certify, issue a certificate of
22approval to or register
to operate an entity a person who otherwise may not be
23licensed, certified, issued a certificate of approval or registered for a reason specified
24in sub. (2) (a) 1. to 5., and an entity may employ, contract with or permit to reside at
25the entity a person who otherwise may not be employed, contracted with or permitted

1to reside at the entity for a reason specified in sub. (2) (ag) 1. to 5., if the person
2demonstrates to the department by clear and convincing evidence and in accordance
3with procedures established by the department by rule that he or she has been
4rehabilitated. No person who has been convicted of any of the following offenses may
5be permitted to demonstrate that he or she has been rehabilitated:
AB768, s. 246 6Section 246. 50.065 (5) (f) of the statutes is created to read:
AB768,130,87 50.065 (5) (f) An offense that is included in the list established by the
8department by rule promulgated under sub. (7) (am).
AB768, s. 247 9Section 247. 50.065 (5m) of the statutes, as created by 1997 Wisconsin Act 27,
10is amended to read:
AB768,130,1811 50.065 (5m) Notwithstanding s. 111.335, the department may refuse to license,
12certify or register, or issue a certificate of approval to,
a person to operate an entity,
13and an entity may refuse to employ, contract with or permit to reside at the entity
14a person specified in sub. (2) (ag) (intro.), if the person has been convicted of an
15offense that the department has not defined as a "serious crime" by rule promulgated
16under sub. (7) (a), or specified in the list established by rule under sub. (7) (b), but
17that is, in the estimation of the department or entity, substantially related to the care
18of a client.
AB768, s. 248 19Section 248. 50.065 (6) (a) of the statutes, as created by 1997 Wisconsin Act
2027
, is amended to read:
AB768,130,2421 50.065 (6) (a) The department shall require any person who applies for
22issuance or continuation of a license, certification, certificate of approval or
23registration
to operate an entity to complete a background information form that is
24provided by the department.
AB768, s. 249
1Section 249. 50.065 (6) (b) of the statutes, as created by 1997 Wisconsin Act
227
, is amended to read:
AB768,131,93 50.065 (6) (b) For persons specified under par. (a) who are regulated, licensed,
4issued a certificate of approval
or certified by, or registered with, the department, for
5person specified in par. (am) 2., and for other persons specified by the department by
6rule, the entity shall send the background information form to the department. For
7all other persons specified in par. (a) and for persons specified under par. (am) 1., the
8entity shall maintain the background information form on file for inspection by the
9department.
AB768, s. 250 10Section 250. 50.065 (7) (a) of the statutes, as created by 1997 Wisconsin Act
1127
, is amended to read:
AB768,131,2212 50.065 (7) (a) Establish by rule a definition of "serious crime" for the purpose
13of this section. The definition shall include only crimes or acts that are substantially
14related to the care of a client, shall include those crimes or acts that are included in
15the list established under par. (am), shall include the offenses specified in sub. (5) (a)
16to (e)
and shall include classes of crimes or acts involving abuse or neglect of a client
17for which no a person who has committed any of those crimes or acts may be
18permitted to demonstrate under sub. (5) that he or she has been rehabilitated. The
19definition may also include other crimes or acts that do not involve abuse or neglect
20of a client but that are substantially related to the care of a client for which no person
21who committed any of those crimes or acts may be permitted to demonstrate under
22sub. (5) that he or she has been rehabilitated.
AB768, s. 251 23Section 251. 50.065 (7) (am) of the statutes is created to read:
AB768,132,724 50.065 (7) (am) Establish by rule a list of crimes or acts, in addition to those
25offenses specified in sub. (5) (a) to (e), involving the abuse or neglect of a client for

1which no person who has committed any of those crimes or acts may be permitted to
2demonstrate under sub. (5) that he or she has been rehabilitated. The list may also
3include other crimes or acts, in addition to those offenses specified in sub. (5) (a) to
4(e), that do not involve the abuse or neglect of a client, but that are substantially
5related to the care of a client, for which no person who has committed any of those
6crimes or acts may be permitted to demonstrate under sub. (5) that he or she has been
7rehabilitated.
AB768, s. 252 8Section 252. 50.33 (1) of the statutes is renumbered 50.33 (1r).
AB768, s. 253 9Section 253. 50.33 (1g) of the statutes is created to read:
AB768,132,1210 50.33 (1g) "Critical access hospital" means a hospital that is designated by the
11department as meeting the requirements of 42 USC 1395i-4 (c) (2) (B) and is
12federally certified as meeting the requirements of 42 USC 1395i-4 (e).
AB768, s. 254 13Section 254. 50.33 (2) (c) of the statutes is amended to read:
AB768,132,1814 50.33 (2) (c) "Hospital" includes "special hospitals" or those hospital facilities
15providing primarily one that provide a limited type of medical or surgical care such
16as, but not in limitation thereof
, including orthopedic hospitals, children's hospitals,
17critical access hospitals, mental hospitals, psychiatric hospitals or maternity
18hospitals.
AB768, s. 255 19Section 255. 50.35 of the statutes is amended to read:
AB768,133,8 2050.35 Application and approval. Application for approval to maintain a
21hospital shall be made to the department on forms provided by the department. On
22receipt of an application, the department shall, except as provided in s. 50.498, issue
23a certificate of approval if the applicant and hospital facilities meet the requirements
24established by the department. This Except as provided in s. 50.498, this approval
25shall be in effect until, for just cause and in the manner herein prescribed, it is

1suspended or revoked. The certificate of approval may be issued only for the
2premises and persons or governmental unit named in the application and is not
3transferable or assignable. The Except as provided in s. 50.498, the department may
4not withhold, suspend or revoke approval unless for a substantial failure to comply
5with ss. 50.32 to 50.39 or the rules and standards adopted by the department after
6giving a reasonable notice, a fair hearing and a reasonable opportunity to comply.
7Failure by a hospital to comply with s. 50.36 (3m) shall be considered to be a
8substantial failure to comply under this section.
AB768, s. 256 9Section 256. 50.49 (6) (a) of the statutes, as affected by 1997 Wisconsin Act 27,
10is amended to read:
AB768,133,1611 50.49 (6) (a) The Except as provided in s. 50.498, the department shall issue
12a home health agency license if the applicant is fit and qualified, and if the home
13health agency meets the requirements established by this section. The department,
14or its designated representatives, shall make such inspections and investigations as
15are necessary to determine the conditions existing in each case and file written
16reports. Each licensee shall annually file a report with the department.
AB768, s. 257 17Section 257. 50.49 (6) (b) of the statutes, as affected by 1997 Wisconsin Act 27,
18is amended to read:
AB768,133,2019 50.49 (6) (b) A home health agency license is valid until suspended or revoked,
20except as provided in s. 50.498
.
AB768, s. 258 21Section 258. 50.49 (10) of the statutes is amended to read:
AB768,134,222 50.49 (10) Provisional licenses. A Except as provided in s. 50.498, a
23provisional license if approved by the department may be issued to any home health
24agency, the facilities of which are in use or needed for patients, but which is

1temporarily unable to conform to all the rules established under this section. A
2provisional license may not be issued for more than one year.
AB768, s. 259 3Section 259. 50.498 of the statutes is created to read:
AB768,134,8 450.498 Denial, nonrenewal and revocation of license, certification or
5registration based on tax delinquency. (1)
The department shall require each
6applicant to provide the department with his or her social security number, if the
7applicant is an individual, or the applicant's federal employer identification number,
8if the applicant is not an individual, as a condition of issuing any of the following:
AB768,134,99 (a) A certificate of approval under s. 50.35.
AB768,134,1010 (b) A license under s. 50.49 (6) (a).
AB768,134,1111 (c) A provisional license under s. 50.49 (10).
AB768,134,14 12(2) The department may not disclose any information received under sub. (1)
13to any person except to the department of revenue for the sole purpose of requesting
14certifications under s. 73.0301.
AB768,134,17 15(3) The department shall deny an application for the issuance of a certificate
16of approval, license or provisional license specified in sub. (1) if the applicant does
17not provide the information specified in sub. (1).
AB768,134,22 18(4) The department shall deny an application for the issuance of a certificate
19of approval, license or provisional license specified in sub. (1) or shall revoke a
20certificate of approval, license or provisional license specified in sub. (1), if the
21department of revenue certifies under s. 73.0301 that the applicant for or holder of
22the certificate of approval, license or provisional license is liable for delinquent taxes.
AB768,134,24 23(5) An action taken under sub. (3) or (4) is subject to review only as provided
24under s. 73.0301 (2) (b) and (5).
AB768, s. 260 25Section 260. 50.50 (1m) of the statutes is created to read:
AB768,135,1
150.50 (1m) "Critical access hospital" has the meaning given in s. 50.33 (1g).
AB768, s. 261 2Section 261. 50.50 (3) (a) 6. of the statutes is amended to read:
AB768,135,33 50.50 (3) (a) 6. A rural primary care critical access hospital.
AB768, s. 262 4Section 262. 50.50 (6) of the statutes is amended to read:
AB768,135,65 50.50 (6) "Hospital" has the meaning given in s. 50.33 (2) (a) or (b), except that
6"hospital" does not include a rural primary care critical access hospital.
AB768, s. 263 7Section 263. 50.50 (12) of the statutes is repealed.
AB768, s. 264 8Section 264. 50.52 (2) (c) 3. of the statutes is amended to read:
AB768,135,99 50.52 (2) (c) 3. Is a rural primary care critical access hospital.
AB768, s. 265 10Section 265. 50.56 (4) of the statutes is created to read:
AB768,135,1411 50.56 (4) This subchapter may not be construed to limit a health care service
12that is included in a rural medical center from any tax-exempt financing or
13reimbursement, insurance, payment for services or other advantage for which a
14health care service that is not included in a rural medical center is eligible.
AB768, s. 266 15Section 266. 51.032 of the statutes is created to read:
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