SB45: Bill Text

SB45, s. 1505 Section 1505. 50.035 (4p) of the statutes is created to read:

SB45,764,11 50.035 (4p) Applicability. Subsections (4m) and (4n) apply only if the secretary has certified under s. 46.281 (3) that a resource center is available for the community-based residential facility and for specified groups of eligible individuals that include those persons seeking admission to or the residents of the community-based residential facility.

SB45, s. 1506 Section 1506. 50.035 (7) (c) of the statutes is amended to read:

SB45,764,17 50.035 (7) (c) If the date estimated under par. (a) 2. is less than 24 months after the date of the individual's statement of financial condition, the community-based residential facility shall provide the statement to the county department under s. 46.215 or 46.22 and shall refer the potential resident to the county department to determine whether an assessment under s. 46.27 (6) should be conducted.

SB45, s. 1507 Section 1507. 50.035 (8) of the statutes is repealed.

SB45, s. 1508 Section 1508. 50.035 (11) of the statutes is created to read:

SB45,764,22 50.035 (11) Forfeitures. (a) Whoever violates sub. (4m) or (4n) or rules promulgated under sub. (4m) or (4n) may be required to forfeit not more than $500 for each violation.

SB45,765,3 (b) The department may directly assess forfeitures provided for under par. (a). If the department determines that a forfeiture should be assessed for a particular violation, it shall send a notice of assessment to the community-based residential facility. The notice shall specify the amount of the forfeiture assessed, the violation and the statute or rule alleged to have been violated, and shall inform the licensee of the right to a hearing under par. (c).

SB45,765,15 (c) A community-based residential facility may contest an assessment of a forfeiture by sending, within 10 days after receipt of notice under par. (b), a written request for a hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for a hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent.

SB45,765,20 (d) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (c), 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. The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.

SB45,765,24 (e) The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews. The only issue to be contested in any such action shall be whether the forfeiture has been paid.

SB45, s. 1509 Section 1509. 50.037 (2) (a) of the statutes is amended to read:

SB45,766,3 50.037 (2) (a) The biennial fee for a community-based residential facility is $170 $323, plus a biennial fee of $22 $41.80 per resident, based on the number of residents that the facility is licensed to serve.

SB45, s. 1510 Section 1510. 50.04 (2g) of the statutes is created to read:

SB45,766,10 50.04 (2g) Provision of information required. (a) Subject to sub. (2i), a nursing home shall, within the time period after inquiry by a prospective resident that is prescribed by the department by rule, inform the prospective resident of the services of a resource center under s. 46.283, the family care benefit under s. 46.286 and the availability of a functional and financial screen to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

SB45,766,12 (b) Failure to comply with this subsection is a class "C" violation under sub. (4) (b) 3.

SB45, s. 1511 Section 1511. 50.04 (2h) of the statutes is created to read:

SB45,766,18 50.04 (2h) Required referral. (a) Subject to sub. (2i), a nursing home shall, within the time period prescribed by the department by rule, refer to a resource center under s. 46.283 a person who is seeking admission, who is at least 65 years of age or has developmental disability or physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:

SB45,766,20 1. The person has received a screen for functional eligibility under s. 46.286 (1) (a) within the previous 6 months.

SB45,766,21 2. The person is seeking admission to the nursing home only for respite care.

SB45,766,22 3. The person is an enrollee of a care management organization.

SB45,766,24 (b) Failure to comply with this subsection is a class "C" violation under sub. (4) (b) 3.

SB45, s. 1512 Section 1512. 50.04 (2i) of the statutes is created to read:

SB45,767,4 50.04 (2i) Applicability. Subsections (2g) and (2h) apply only if the secretary has certified under s. 46.281 (3) that a resource center is available for the nursing home and for specified groups of eligible individuals that include those persons seeking admission to or the residents of the nursing home.

SB45, s. 1513 Section 1513. 50.04 (2m) of the statutes is renumbered 50.04 (2m) (a) and amended to read:

SB45,767,11 50.04 (2m) (a) No Except as provided in par. (b), 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.

SB45, s. 1514 Section 1514. 50.04 (2m) (b) of the statutes is created to read:

SB45,767,14 50.04 (2m) (b) Paragraph (a) does not apply to those residents for whom the secretary has certified under s. 46.281 (3) that a resource center is available.

SB45, s. 1515 Section 1515. 50.06 (7) of the statutes is amended to read:

SB45,767,21 50.06 (7) (a) An individual who consents to an admission under this section may request that an assessment be conducted for the incapacitated individual under the long-term support community options program under s. 46.27 (6) or, if the secretary has certified under s. 46.281 (3) that a resource center is available for the individual, a functional and financial screen to determine eligibility for the family care benefit under s. 46.286 (1).

SB45, s. 1516 Section 1516. 50.065 (2) (a) (intro.) of the statutes is amended to read:

SB45,768,3 50.065 (2) (a) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), if the department knows or should know any of the following, the department may not license, certify, issue a certificate of approval to or register a person to operate an entity or continue the license, certification, certificate of approval or registration of a person to operate an entity if the department knows or should have known any of the following:

SB45, s. 1517 Section 1517. 50.065 (2) (ag) (intro.) of the statutes is amended to read:

SB45,768,13 50.065 (2) (ag) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), if an entity knows or should know any of the following, the entity may not hire or contract with a person who will be under the entity's control, as defined by the department by rule, and who is expected to have access to its clients, or provide to clients of the entity direct care that is more intensive than negligible care in quantity or quality or in amount of time required to provide the care; or the entity may not permit to reside at the entity a person who is not a client and who is expected to have access to a client, if the entity knows or should have known any of the following:

SB45, s. 1518 Section 1518. 50.065 (2) (ag) (intro.) of the statutes, as affected by 1997 Wisconsin Act 27, section 2059f, and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

SB45,768,24 50.065 (2) (ag) (intro.) Notwithstanding s. 111.335, and except as provided in sub. (5), if an entity knows or should have known any of the following, the entity may not employ or contract with a person who will be under the entity's control, as defined by the department by rule, and who provides to clients of the entity, or is expected to provide to them, direct care that is more intensive than negligible care in quantity or quality or in the amount of time required to provide the care; or the entity may not 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:

SB45, s. 1519 Section 1519. 50.065 (2) (b) 1. (intro.) of the statutes is amended to read:

SB45,769,4 50.065 (2) (b) 1. (intro.) Subject to subds. 1. e. and 2. and par. (bd), every entity shall obtain all of the following with respect to a person specified under par. (ag) (intro.) who is an employe or contractor or a prospective employe or contractor of the entity:

SB45, s. 1520 Section 1520. 50.065 (2) (b) 2. of the statutes is repealed.

SB45, s. 1521 Section 1521. 50.065 (6) (am) 1. of the statutes is amended to read:

SB45,769,12 50.065 (6) (am) 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 provides to clients of the entity, or is expected to provide to them, direct care that is more intensive than negligible care in quantity or quality or in the amount of time required to provide the care.

SB45, s. 1522 Section 1522. 50.065 (8) of the statutes is amended to read:

SB45,769,21 50.065 (8) The department may charge a fee for obtaining the information required under sub. (2) (am) or (3) (a). The fee or for providing information to an entity to enable the entity to comply with sub. (2) (b) 1. or (3) (b). The department may also charge a fee to a person who requests to demonstrate to the department under sub. (5) that he or she has been rehabilitated. Fees charged under this subsection 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.

SB45, s. 1523 Section 1523. 50.135 (1) of the statutes is amended to read:

SB45,770,2 50.135 (1) Definition. In this section, "inpatient health care facility" means any hospital, nursing home, county home, county mental hospital, tuberculosis sanatorium or other place licensed or approved by the department under ss. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, and 51.09, 58.06, 252.073 and 252.076, but does not include community-based residential facilities.

SB45, s. 1524 Section 1524. 50.135 (2) (c) of the statutes is amended to read:

SB45,770,6 50.135 (2) (c) The fees collected under par. (a) shall be credited to the appropriations under s. 20.435 (1) (4) (gm) and (6) (jm) as specified in those appropriations for licensing, review and certifying activities.

SB45, s. 1525 Section 1525. 50.36 (2) (c) of the statutes is created to read:

SB45,770,15 50.36 (2) (c) The department shall promulgate rules that require that a hospital, before discharging a patient who is aged 65 or older or who has developmental disability or physical disability and whose disability or condition requires long-term care that is expected to last at least 90 days, refer the patient to the resource center under s. 46.283. The rules shall specify that this requirement applies only if the secretary has certified under s. 46.281 (3) that a resource center is available for the hospital and for specified groups of eligible individuals that include persons seeking admission to or patients of the hospital.

SB45, s. 1526 Section 1526. 50.38 of the statutes is created to read:

SB45,770,18 50.38 Forfeitures. (1) Whoever violates rules promulgated under s. 50.36 (2) (c) may be required to forfeit not more than $500 for each violation.

SB45,770,24 (2) The department may directly assess forfeitures provided for under sub. (1). If the department determines that a forfeiture should be assessed for a particular violation, the department shall send a notice of assessment to the hospital. The notice shall specify the amount of the forfeiture assessed, the violation and the statute or rule alleged to have been violated, and shall inform the hospital of the right to a hearing under sub. (3).

SB45,771,11 (3) A hospital may contest an assessment of a forfeiture by sending, within 10 days after receipt of notice under sub. (2), a written request for a hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for a hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent.

SB45,771,16 (4) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under sub. (3), 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. The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.

SB45,771,20 (5) The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews. The only issue to be contested in any such action shall be whether the forfeiture has been paid.

SB45, s. 1527 Section 1527. 50.39 (2) of the statutes is amended to read:

SB45,771,25 50.39 (2) The use of the title "hospital" to represent or identify any facility which does not meet the definition of a "hospital" as provided herein or is not subject to approval under ss. 50.32 to 50.39 is prohibited, except that institutions governed by ss. s. 51.09 and 252.073 are exempt.

SB45, s. 1528 Section 1528. 50.39 (3) of the statutes is amended to read:

SB45,772,10 50.39 (3) Facilities governed by ss. 45.365, 48.62, 49.70, 49.72, 50.02, 51.09, 58.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s. 938.02 (15m), correctional institutions governed by the department of corrections under s. 301.02 and the offices and clinics of persons licensed to treat the sick under chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physical therapists affiliated credentialing board, podiatrists affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board and board of nursing in carrying out their statutory duties and responsibilities.

SB45, s. 1529 Section 1529. 50.49 (2) (b) of the statutes is amended to read:

SB45,772,14 50.49 (2) (b) The department shall, by rule, set a license fee to be paid by home health agencies. The fee shall be based on the annual net income, as determined by the department, of a home health agency.

SB45, s. 1530 Section 1530. 50.49 (4) of the statutes is amended to read:

SB45,772,22 50.49 (4) Licensing, inspection and regulation. The Except as provided in sub. (6m), the department may register, license, inspect and regulate home health agencies as provided in this section. The department shall ensure, in its inspections of home health agencies, that a sampling of records from private pay patients are reviewed. The department shall select the patients who shall receive home visits as a part of the inspection. Results of the inspections shall be made available to the public at each of the regional offices of the department.

SB45, s. 1531 Section 1531. 50.49 (6m) of the statutes is created to read:

SB45,773,3 50.49 (6m) Exceptions. None of the following is required to be licensed as a home health agency under sub. (4), regardless of whether any of the following provides services that are similar to services provided by a home health agency:

SB45,773,4 (a) A care management organization, as defined in s. 46.2805 (1).

SB45,773,5 (b) A program specified in s. 46.2805 (1) (a).

SB45,773,6 (c) A demonstration program specified in s. 46.2805 (1) (b).

SB45, s. 1532 Section 1532. 51.01 (14k) of the statutes is created to read:

SB45,773,9 51.01 (14k) "Secured child caring institution" has the meaning given in s. 938.02 (15g).

SB45, s. 1533 Section 1533. 51.01 (14m) of the statutes is created to read:

SB45,773,12 51.01 (14m) "Secured correctional facility" has the meaning given in s. 938.02 (15m).

SB45, s. 1534 Section 1534. 51.01 (14p) of the statutes is created to read:

SB45,773,14 51.01 (14p) "Secured group home" has the meaning given in s. 938.02 (15p).

SB45, s. 1535 Section 1535. 51.03 (1) of the statutes is renumbered 51.03 (1r).

SB45, s. 1536 Section 1536. 51.03 (1g) of the statutes is created to read:

SB45,773,17 51.03 (1g) In this section:

SB45,773,21 (a) "Early intervention" means action to hinder or alter a person's mental disorder or abuse of alcohol or other drugs in order to reduce the duration of early symptoms or to reduce the duration or severity of mental illness or alcohol or other drug abuse that may result.

SB45,774,4 (b) "Individualized service planning" means a process under which a person with mental illness or who abuses alcohol or other drugs and, if a child, his or her family, receives information, education and skills to enable the person to participate mutually and creatively with his or her mental health or alcohol or other drug abuse service provider in identifying his or her personal goals and developing his or her assessment, crisis protocol, treatment and treatment plan. "Individualized service planning" is tailored to the person and is based on his or her strengths, abilities and needs.

SB45,774,8 (c) "Prevention" means action to reduce the instance, delay the onset or lessen the severity of mental disorder, before the disorders may progress to mental illness, by reducing risk factors for, enhancing protections against and promptly treating early warning signs of mental disorder.

SB45,774,13 (d) "Recovery" means the process of a person's growth and improvement, despite a history of mental illness or alcohol or other drug abuse, in attitudes, feelings, values, goals, skills and behavior and is measured by a decrease in dysfunctional symptoms and an increase in maintaining the person's highest level of health, wellness, stability, self-determination and self-sufficiency.

SB45,774,17 (e) "Stigma" means disqualification from social acceptance, derogation, marginalization and ostracism encountered by persons with mental illness or persons who abuse alcohol or other drugs as the result of societal negative attitudes, feelings, perceptions, representations and acts of discrimination.

SB45, s. 1537 Section 1537. 51.03 (4) of the statutes is created to read:

SB45,774,20 51.03 (4) Within the limits of available state and federal funds, the department may do all of the following:

SB45,775,2 (a) Promote the creation of coalitions among the state, counties, providers of mental health and alcohol and other drug abuse services, consumers of the services and their families and advocates for persons with mental illness and for alcoholic and drug dependent persons to develop, coordinate and provide a full range of resources to advance prevention; early intervention; treatment; recovery; safe and affordable housing; opportunities for education, employment and recreation; family and peer support; self-help; and the safety and well-being of communities.

SB45,775,8 (b) In cooperation with counties, providers of mental health and alcohol and other drug abuse services, consumers of the services, interested community members and advocates for persons with mental illness and for alcoholic and drug dependent persons, develop and implement a comprehensive strategy to reduce stigma of and discrimination against persons with mental illness, alcoholics and drug dependent persons.

SB45,775,13 (c) Develop and implement a comprehensive strategy to involve counties, providers of mental health and alcohol and other drug abuse services, consumers of the services and their families, interested community members and advocates for persons with mental illness and for alcoholic and drug dependent persons as equal participants in service system planning and delivery.

SB45,775,15 (d) Promote responsible stewardship of human and fiscal resources in the provision of mental health and alcohol and other drug abuse services.

SB45,775,17 (e) Develop and implement methods to identify and measure outcomes for consumers of mental health and alcohol and other drug abuse services.