AB493: Bill Text

AB493,2,14 2. Representatives of adult family homes under s. 50.01 (1) (b), residential care apartment complexes, community-based residential facilities, nursing homes, and hospices.

AB493,2,17 3. Residents of adult family homes under s. 50.01 (1) (b), residential care apartment complexes, community-based residential facilities, nursing homes, and hospices.

AB493,2,18 4. Advocates for persons under subd. 3.

AB493, s. 2 Section 2. 50.033 (2p) of the statutes is created to read:

AB493,3,3 50.033 (2p) Services for persons with Alzheimer's disease. An adult family home may not hold itself out as providing special services for persons with Alzheimer's disease or related dementia unless the agency that licenses the adult family home under this section determines that the adult family homes satisfies the standards promulgated by rule under s. 50.02 (6).

AB493, s. 3 Section 3. 50.033 (6) of the statutes is renumbered 50.033 (6) (a) and amended to read:

AB493,3,8 50.033 (6) (a) Any Except as provided under par. (b), any person who violates this section or rules promulgated under s. 50.02 (2) (am) 2. may be fined not more than $500 or imprisoned for not more than one year in the county jail or both.

AB493, s. 4 Section 4. 50.033 (6) (b) of the statutes is created to read:

AB493,3,11 50.033 (6) (b) Any person who violates sub. (2p) may be required to forfeit not more than $500.

AB493, s. 5 Section 5. 50.034 (3m) of the statutes is created to read:

AB493,3,17 50.034 (3m) Services for persons with Alzheimer's disease. A residential care apartment complex may not hold itself out as providing special services for persons with Alzheimer's disease or related dementia unless the department determines that the residential care apartment complex satisfies the standards promulgated by rule under s. 50.02 (6).

AB493, s. 6 Section 6. 50.034 (8) (a) of the statutes is amended to read:

AB493,3,21 50.034 (8) (a) Whoever violates sub. (3m), (5m) or (5n) or rules promulgated under sub. (5m) or (5n) may be required to forfeit not more than $500 for each violation.

AB493, s. 7 Section 7. 50.035 (10m) of the statutes is created to read:

AB493,4,2 50.035 (10m) Services for persons with Alzheimer's disease. A community-based residential facility may not hold itself out as providing special services for persons with Alzheimer's disease or related dementia unless the department determines that the community-based residential facility satisfies the standards promulgated by rule under s. 50.02 (6).

AB493, s. 8 Section 8. 50.035 (11) (a) of the statutes is amended to read:

AB493,4,6 50.035 (11) (a) Whoever violates sub. (4m) or, (4n), or (10m) or rules promulgated under sub. (4m) or (4n) may be required to forfeit not more than $500 for each violation.

AB493, s. 9 Section 9. 50.04 (2x) of the statutes is created to read:

AB493,4,11 50.04 (2x) Services for persons with Alzheimer's disease. (a) A nursing home may not hold itself out as providing special services for persons with Alzheimer's disease or related dementia unless the department determines that the nursing home satisfies the standards promulgated by rule under s. 50.02 (6).

AB493,4,12 (b) A violation of par. (a) is a class "C" violation under sub. (4) (b) 3.

AB493, s. 10 Section 10. 50.935 of the statutes is created to read:

AB493,4,17 50.935 Hospice care for persons with Alzheimer's disease. A hospice may not hold itself out as providing special services for persons with Alzheimer's disease or related dementia unless the department determines that the hospice satisfies the standards promulgated by rule under s. 50.02 (6).

AB493, s. 11 Section 11. 50.98 (1) of the statutes is renumbered 50.98 (1) (a) and amended to read:

AB493,4,25 50.98 (1) (a) Any Except as provided under par. (b), any person who violates this subchapter or rules promulgated under this subchapter may be required to forfeit not more than $100 for the first violation and may be required to forfeit not more than $200 for the 2nd or any later violation within a year. The period shall be measured using the dates of issuance of citations of the violations. Each day of violation constitutes a separate violation.

AB493, s. 12 Section 12. 50.98 (1) (b) of the statutes is created to read:

AB493,5,3 50.98 (1) (b) Any person who violates s. 50.935 may be required to forfeit not more than $500.

AB493, s. 13 Section 13 . Nonstatutory provisions.

AB493,5,9 (1) Rule making. (a) The department of health and family services shall submit in proposed form the rules required under section 50.02 (6) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subsection.

AB493,5,18 (b) Using the procedure under section 227.24 of the statutes, the department of health and family services may promulgate rules required under section 50.02 (6) of the statutes, as created by this act, for the period before the effective date of the rules submitted under paragraph (a ), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB493, s. 14 Section 14. Effective dates. This act takes effect on the first day of the 7th month beginning after publication, except as follows:

AB493,5,22 (1) The treatment of section 50.02 (6) of the statutes and Section 13 take effect on the day after publication.

AB493,5,23 (End)