SB40: Bill Text

SB40,796,14 (a) Verify with the department of health and family services, in the manner required by the department, whether the individual to whom the claim is to be paid has a medical assistance liability.

SB40,796,16 (b) Check the statewide support lien docket to determine whether the individual to whom the claim is to be paid has a support liability.

SB40,796,19 (3) If an individual to whom a claim of $500 or more is to be paid has a support liability or a medical assistance liability, or both, the insurer shall distribute the claim proceeds as follows:

SB40,796,22 (a) First, if there is a support liability, to the department of workforce development to pay the support liability, up to the amount of the support liability or the amount of the claim, whichever is less.

SB40,797,2 (b) Next, if there is a medical assistance liability, to the department of health and family services to pay the medical assistance liability, up to the amount of the medical assistance liability or the amount of the claim proceeds remaining, whichever is less.

SB40,797,3 (c) Last, to the individual, the remainder of the claim proceeds, if any.

SB40,797,8 (4) The department of health and family services shall promulgate rules for the administration of this section, including procedures for insurers to follow and any notice and hearing requirements. Notwithstanding s. 227.24 (3), the rules under this subsection may be promulgated as emergency rules under s. 227.24 without a finding of emergency.

SB40, s. 1755 Section 1755. 49.895 (3) (a) of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,797,13 49.895 (3) (a) First, if there is a support liability, to the department of workforce development children and families to pay the support liability, up to the amount of the support liability or the amount of the claim, whichever is less.

SB40, s. 1756 Section 1756. 49.90 (2) of the statutes is amended to read:

SB40,797,25 49.90 (2) Upon failure of these relatives to provide maintenance the authorities or board shall submit to the corporation counsel a report of its findings. Upon receipt of the report the corporation counsel shall, within 60 days, apply to the circuit court for the county in which the dependent person under sub. (1) (a) 1. or the child of a dependent person under sub. (1) (a) 2. resides for an order to compel the maintenance. Upon such an application the corporation counsel shall make a written report to the county department under s. 46.215, 46.22, or 46.23, with a copy to the chairperson of the county board of supervisors in a county with a single-county department or the county boards of supervisors in counties with a multicounty department, and to the department of health and family services or the department of workforce development children and families, whichever is appropriate.

SB40, s. 1757 Section 1757. 49.90 (2g) of the statutes is amended to read:

SB40,798,10 49.90 (2g) In addition to the remedy specified in sub. (2), upon failure of a grandparent to provide maintenance under sub. (1) (a) 2., another grandparent who is or may be required to provide maintenance under sub. (1) (a) 2., a child of a dependent minor or the child's parent may apply to the circuit court for the county in which the child resides for an order to compel the provision of maintenance. A county department under s. 46.215, 46.22, or 46.23, a county child support agency under s. 59.53 (5), or the department of workforce development children and families may initiate an action to obtain maintenance of the child by the child's grandparent under sub. (1) (a) 2., regardless of whether the child receives public assistance.

SB40, s. 1758 Section 1758. 49.90 (4) of the statutes is amended to read:

SB40,799,13 49.90 (4) The circuit court shall in a summary way hear the allegations and proofs of the parties and by order require maintenance from these relatives, if they have sufficient ability, considering their own future maintenance and making reasonable allowance for the protection of the property and investments from which they derive their living and their care and protection in old age, in the following order: First the husband or wife; then the father and the mother; and then the grandparents in the instances in which sub. (1) (a) 2. applies. The order shall specify a sum which will be sufficient for the support of the dependent person under sub. (1) (a) 1. or the maintenance of a child of a dependent person under sub. (1) (a) 2., to be paid weekly or monthly, during a period fixed by the order or until the further order of the court. If the court is satisfied that any such relative is unable wholly to maintain the dependent person or the child, but is able to contribute to the person's support or the child's maintenance, the court may direct 2 or more of the relatives to maintain the person or the child and prescribe the proportion each shall contribute. If the court is satisfied that these relatives are unable together wholly to maintain the dependent person or the child, but are able to contribute to the person's support or the child's maintenance, the court shall direct a sum to be paid weekly or monthly by each relative in proportion to ability. Contributions directed by court order, if for less than full support, shall be paid to the department of health and family services or the department of children and families, whichever is appropriate, and distributed as required by state and federal law. An order under this subsection that relates to maintenance required under sub. (1) (a) 2. shall specifically assign responsibility for and direct the manner of payment of the child's health care expenses, subject to the limitations under subs. (1) (a) 2. and (11). Upon application of any party affected by the order and upon like notice and procedure, the court may modify such an order. Obedience to such an order may be enforced by proceedings for contempt.

SB40, s. 1759 Section 1759. 50.01 (1g) (b) of the statutes is amended to read:

SB40,799,17 50.01 (1g) (b) A facility or private home that provides care, treatment, and services only for victims of domestic abuse, as defined in s. 46.95 49.165 (1) (a), and their children.

SB40, s. 1760 Section 1760. 50.02 (2) (d) of the statutes is renumbered 50.02 (2) (d) (intro.) and amended to read:

SB40,799,23 50.02 (2) (d) (intro.) The department shall promulgate rules that prescribe the time periods and the methods of providing information specified in ss. 50.033 (2r) and (2s), 50.034 (5m) and (5n), 50.035 (4m) and (4n) and 50.04 (2g) (a) and (2h) (a). all of the following:

SB40, s. 1761 Section 1761. 50.02 (2) (d) 1. of the statutes is created to read:

SB40,800,4 50.02 (2) (d) 1. The method by which community-based residential facilities shall make referrals to resource centers or county departments under s. 50.035 (4n) and the method by which residential care apartment complexes shall make referrals to resource centers under s. 50.034 (5n).

SB40, s. 1762 Section 1762. 50.02 (2) (d) 2. of the statutes is created to read:

SB40,800,8 50.02 (2) (d) 2. The time period for nursing homes to provide information to prospective residents under s. 50.04 (2g) (a) and the time period and method by which nursing homes shall make referrals to resource centers under s. 50.04 (2h) (a).

SB40, s. 1763 Section 1763. 50.02 (4) of the statutes is repealed.

SB40, s. 1764 Section 1764. 50.033 (2) of the statutes is amended to read:

SB40,800,22 50.033 (2) 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. An adult family home licensure is valid until revoked under this section. Licensure is not transferable. The biennial licensure fee for a licensed adult family home is $135, except that, after March 31, 2008, the biennial fee for a licensed adult family home shall be the amount that the department shall establish by rule. 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).

SB40, s. 1765 Section 1765. 50.033 (2r) of the statutes is repealed.

SB40, s. 1766 Section 1766. 50.033 (2s) of the statutes is repealed.

SB40, s. 1767 Section 1767. 50.033 (2t) of the statutes is repealed.

SB40, s. 1768 Section 1768. 50.034 (3) (e) of the statutes is created to read:

SB40,801,5 50.034 (3) (e) Post in a conspicuous location in the residential care apartment complex a notice, provided by the board on aging and long-term care, of the name, address, and telephone number of the Long-Term Care Ombudsman Program under s. 16.009 (2) (b).

SB40, s. 1769 Section 1769. 50.034 (5m) of the statutes is amended to read:

SB40,801,15 50.034 (5m) Provision of information required. Subject to sub. (5p), when a residential care apartment complex shall, within the time period after inquiry by first provides written material regarding the residential care apartment complex to a prospective resident that is prescribed by the department by rule, inform, the residential care apartment complex shall also provide the prospective resident of information specified by the department concerning the services of a resource center under s. 46.283, the family care benefit under s. 46.286, and the availability of a functional screening and a financial screen and cost-sharing screening to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

SB40, s. 1770 Section 1770. 50.034 (5n) (intro.) of the statutes is amended to read:

SB40,801,24 50.034 (5n) Required referral. (intro.) Subject to sub. (5p), when a residential care apartment complex 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, first provides written material regarding the residential care apartment complex to a prospective resident who is at least 65 years of age or has developmental disability or a physical disability and whose disability or condition is expected to last at least 90 days, the residential care apartment complex shall refer the prospective resident to a resource center under s. 46.283, unless any of the following applies:

SB40, s. 1771 Section 1771. 50.034 (5n) (a) of the statutes is amended to read:

SB40,802,4 50.034 (5n) (a) For a person who has received a screen for whom a screening for functional eligibility under s. 46.286 (1) (a) has been performed within the previous 6 months, the referral under this subsection need not include performance of an additional functional screen screening under s. 46.283 (4) (g).

SB40, s. 1772 Section 1772. 50.034 (5n) (d) of the statutes is amended to read:

SB40,802,11 50.034 (5n) (d) For a person who seeks admission or is about to be admitted on a private pay basis and who waives the requirement for a financial screen and cost-sharing screening under s. 46.283 (4) (g), the referral under this subsection may not include performance of a financial screen and cost-sharing screening under s. 46.283 (4) (g), unless the person is expected to become eligible for medical assistance within 6 months.

SB40, s. 1773 Section 1773. 50.035 (4m) of the statutes is amended to read:

SB40,802,21 50.035 (4m) Provision of information required. Subject to sub. (4p), when a community-based residential facility shall, within the time period after inquiry by first provides written material regarding the community-based residential facility to a prospective resident that is prescribed by the department by rule, inform, the community-based residential facility shall also provide the prospective resident of information specified by the department concerning the services of a resource center under s. 46.283, the family care benefit under s. 46.286, and the availability of a functional screening and a financial screen and cost-sharing screening to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

SB40, s. 1774 Section 1774. 50.035 (4n) (intro.) of the statutes is amended to read:

SB40,803,9 50.035 (4n) Required referral. (intro.) Subject to sub. (4p), When a community-based residential facility 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, first provides written information regarding the community-based residential facility to a prospective resident who is at least 65 years of age or has developmental disability or a physical disability and whose disability or condition is expected to last at least 90 days, the community-based residential facility shall refer the individual to a resource center under s. 46.283 or, if the secretary has not certified under s. 46.281 (3) that a resource center is available in the area of the community-based residential facility to serve individuals in an eligibility group to which the prospective resident belongs, to the county department that administers a program under ss. 46.27 or 46.277, unless any of the following applies:

SB40, s. 1775 Section 1775. 50.035 (4n) (a) of the statutes is amended to read:

SB40,803,14 50.035 (4n) (a) For a person who has received a screen for whom a screening for functional eligibility under s. 46.286 (1) (a) has been performed within the previous 6 months, the referral under this subsection need not include performance of an additional functional screen screening under s. 46.283 (4) (g).

SB40, s. 1776 Section 1776. 50.035 (4n) (d) of the statutes is amended to read:

SB40,803,21 50.035 (4n) (d) For a person who seeks admission or is about to be admitted on a private pay basis and who waives the requirement for a financial screen and cost-sharing screening under s. 46.283 (4) (g), the referral under this subsection may not include performance of a financial screen and cost-sharing screening under s. 46.283 (4) (g), unless the person is expected to become eligible for medical assistance within 6 months.

SB40, s. 1777 Section 1777. 50.035 (4p) of the statutes is amended to read:

SB40,804,2 50.035 (4p) Applicability. Subsections Subsection (4m) and (4n) apply applies 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.

SB40, s. 1778 Section 1778. 50.035 (6) of the statutes is amended to read:

SB40,804,9 50.035 (6) Posting of notice required. The licensee of a community-based residential facility that is licensed to serve a client group of persons with functional impairments that commonly accompany advanced age, or his or her designee, shall post in a conspicuous location in the community-based residential facility a notice, provided by the board on aging and long-term care, of the name, address and telephone number of the long-term care ombudsman program under s. 16.009 (2) (b).

SB40, s. 1779 Section 1779. 50.035 (7) of the statutes is repealed.

SB40, s. 1780 Section 1780. 50.035 (9) of the statutes is repealed.

SB40, s. 1781 Section 1781. 50.037 (2) (a) of the statutes is amended to read:

SB40,804,17 50.037 (2) (a) The biennial fee for a community-based residential facility is $306, plus a biennial fee of $39.60 per resident, based on the number of residents that the facility is licensed to serve, except that, after March 31, 2008, the biennial fee for a community-based residential facility, including any fee for a resident, shall be the amount that the department shall establish by rule.

SB40, s. 1782 Section 1782. 50.04 (2g) (a) of the statutes is amended to read:

SB40,804,24 50.04 (2g) (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 screening and a financial screen and cost-sharing screening to determine the prospective resident's eligibility for the family care benefit under s. 46.286 (1).

SB40, s. 1783 Section 1783. 50.04 (2h) (a) 1. of the statutes is amended to read:

SB40,805,4 50.04 (2h) (a) 1. For a person who has received a screen for whom a screening for functional eligibility under s. 46.286 (1) (a) has been performed within the previous 6 months, the referral under this paragraph need not include performance of an additional functional screen screening under s. 46.283 (4) (g).

SB40, s. 1784 Section 1784. 50.04 (2h) (a) 4. of the statutes is amended to read:

SB40,805,11 50.04 (2h) (a) 4. For a person who seeks admission or is about to be admitted on a private pay basis and who waives the requirement for a financial screen and cost-sharing screening under s. 46.283 (4) (g), the referral under this subsection may not include performance of a financial screen and cost-sharing screening under s. 46.283 (4) (g), unless the person is expected to become eligible for medical assistance within 6 months.

SB40, s. 1785 Section 1785. 50.04 (4) (e) 1. of the statutes is amended to read:

SB40,806,7 50.04 (4) (e) 1. If a nursing home desires to contest any department action under this subsection, it shall send a written request for a hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1) within 10 60 days of receipt of notice of the contested action. Department action that is subject to a hearing under this subsection includes service of a notice of a violation of this subchapter or rules promulgated under this subchapter, a notation in the report under sub. (3) (b), imposition of a plan of correction and rejection of a nursing home's plan of correction, but does not include a correction order. Upon the request of the nursing home, the division shall grant a stay of the hearing under this paragraph until the department assesses a forfeiture, so that its hearing under this paragraph is consolidated with the forfeiture appeal hearing held under sub. (5) (e). All agency action under this subsection arising out of a violation, deficiency or rejection and imposition of a plan of correction shall be the subject of a single hearing. Unless a stay is granted under this paragraph, the division shall commence the hearing within 30 days of the request for hearing, within 30 days of the department's acceptance of a nursing home's plan of correction or within 30 days of the department's imposition of a plan of correction, whichever is later. The division shall send notice to the nursing home in conformance with s. 227.44. Issues litigated at the hearing may not be relitigated at subsequent hearings under this paragraph arising out of the same violation or deficiency.

SB40, s. 1786 Section 1786. 50.04 (5) (e) of the statutes is amended to read:

SB40,806,20 50.04 (5) (e) Forfeiture appeal hearing. A nursing home may contest an assessment of forfeiture by sending, within 10 60 days after receipt of notice of a contested action, a written request for 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 of receipt of the request for 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.

SB40, s. 1787 Section 1787. 50.04 (5) (fr) of the statutes is repealed.

SB40, s. 1788 Section 1788. 50.05 (1) (dg) of the statutes is created to read:

SB40,806,23 50.05 (1) (dg) "Medicare" means 42 USC 1395 to 1395hhh.

SB40, s. 1789 Section 1789. 50.05 (2) (g) of the statutes is created to read:

SB40,807,3 50.05 (2) (g) The department or the facility determines that estimated operating expenditures of the facility significantly exceed anticipated revenues for the facility.

SB40, s. 1790 Section 1790. 50.05 (2) (h) of the statutes is created to read:

SB40,807,7 50.05 (2) (h) The facility or facility's operator has been charged with or convicted of an offense specified under s. 49.49 or 940.295, or a Medicare violation under 42 USC 1320a-7a, 1320a-7b, or 1320a-8.

SB40, s. 1791 Section 1791. 50.05 (3) of the statutes is amended to read:

SB40,807,15 50.05 (3) Monitor. In any situation described in sub. (2), the department may place a person to act as monitor in the facility. The monitor shall observe operation of the facility, assist the facility by advising it on how to comply with state regulations, and shall submit a written report periodically to the department on the operation of the facility. The monitor may assist in the financial management of the facility. The department may require payment by the operator or controlling person of the facility for the costs of placement of a person to act as monitor in the facility.

SB40, s. 1792 Section 1792. 50.06 (7) of the statutes is amended to read:

SB40,808,2 50.06 (7) 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 screening and a financial screen and cost-sharing screening to determine eligibility for the family care benefit under s. 46.286 (1). If admission is sought on behalf of the incapacitated individual or if the incapacitated individual is about to be admitted on a private pay basis, the individual who consents to the admission may waive the requirement for a financial screen and cost-sharing screening under s. 46.283 (4) (g), unless the incapacitated individual is expected to become eligible for medical assistance within 6 months.

SB40, s. 1793 Section 1793. 50.065 (5d) (a) 4. of the statutes is amended to read:

SB40,808,6 50.065 (5d) (a) 4. The manner in which the tribe will submit information relating to a rehabilitation review to the department so that the department may include that information in its report to the legislature required under sub. (5g).

SB40, s. 1794 Section 1794. 50.065 (5g) of the statutes is repealed.

SB40, s. 1795 Section 1795. 50.09 (title) of the statutes is amended to read:

SB40,808,9 50.09 (title) Rights of residents in certain facilities and complexes.

SB40, s. 1796 Section 1796. 50.09 (1) of the statutes is renumbered 50.09 (1m), and 50.09 (1m) (intro.), (b), (c), (e), (f) 1. and 3., (g), (j) (intro.) and 2. (intro.) and a. and (L), as renumbered, are amended to read:

SB40,808,15 50.09 (1m) Residents' rights. (intro.) Every resident in a nursing home or community-based residential facility or a complex shall, except as provided in sub. (5), have the right to:

SB40,808,20 (b) Present grievances on the resident's own behalf or others to the facility's staff or administrator of the facility or complex, to public officials or to any other person without justifiable fear of reprisal, and to join with other residents or individuals within or outside of the facility or complex to work for improvements in resident care.