SB40: Bill Text

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SB40, s. 1763 Section 1763. 50.02 (4) of the statutes is repealed.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SB40, s. 1765 Section 1765. 50.033 (2r) of the statutes is repealed.

SB40, s. 1766 Section 1766. 50.033 (2s) of the statutes is repealed.

SB40, s. 1767 Section 1767. 50.033 (2t) of the statutes is repealed.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

SB40,809,3 (c) Manage the resident's own financial affairs, including any personal allowances under federal or state programs, unless the resident delegates, in writing, such this responsibility to the facility or complex and the facility or complex accepts the responsibility, or unless the resident delegates to someone else of the resident's choosing and that person accepts the responsibility. The resident shall receive, upon written request by the resident or guardian, a written monthly account of any financial transactions made by the facility or complex under such a delegation of responsibility.

SB40,809,7 (e) Be treated with courtesy, respect and full recognition of the resident's dignity and individuality, by all employees of the facility or complex and licensed, certified, or registered providers of health care and pharmacists with whom the resident comes in contact.

SB40,809,11 (f) 1. `Privacy for visits by spouse.' If both spouses are residents of the same facility or complex, they shall be permitted to share a room or apartment unless medically contraindicated as documented by the resident's physician or advanced practice nurse prescriber in the resident's medical record.

SB40,809,15 3. Confidentiality of health and personal records, and the right to approve or refuse their release to any individual outside the facility or complex, except in the case of the resident's transfer to another facility or complex or as required by law or 3rd-party payment contracts and except as provided in s. 146.82 (2) and (3).

SB40,809,17 (g) Not to be required to perform services for the facility or complex that are not included for therapeutic purposes in the resident's plan of care.

SB40,809,25 (j) (intro.) Be transferred or discharged, and be given reasonable advance notice of any planned transfer or discharge, and an explanation of the need for and alternatives to the transfer or discharge. The facility or complex to which the resident is to be transferred must have accepted the resident for transfer, except in a medical emergency or if the transfer or discharge is for nonpayment of charges following a reasonable opportunity to pay a deficiency. No person may be involuntarily discharged for nonpayment under this paragraph if the person meets all of the following conditions:

SB40,810,3 2. (intro.) The funding of his or her care in the nursing home or community-based residential facility under s. 49.45 (6m) is reduced or terminated because of one of the following:

SB40,810,5 a. He or she requires a level or type of care which that is not provided by the nursing home or community-based residential facility.

SB40,810,7 (L) Receive adequate and appropriate care within the capacity of the facility or complex.

SB40, s. 1797 Section 1797. 50.09 (1g) of the statutes is created to read:

SB40,810,10 50.09 (1g) In this section, "complex" means a residential care apartment complex.

SB40, s. 1798 Section 1798. 50.09 (2), (4) and (5) of the statutes are amended to read:

SB40,810,15 50.09 (2) The department, in establishing standards for nursing homes and community-based residential facilities and complexes may establish, by rule, rights in addition to those specified in sub. (1) (1m) for residents in such the facilities or complexes.

SB40,810,24 (4) Each facility or complex shall make available a copy of the rights and responsibilities established under this section and the facility's rules of the facility or complex to each resident and each resident's legal representative, if any, at or prior to the time of admission to the facility or complex, to each person who is a resident of the facility or complex, and to each member of the facility's staff of the facility or complex. The rights, responsibilities, and rules shall be posted in a prominent place in each facility or complex. Each facility or complex shall prepare a written plan and provide appropriate staff training to implement each resident's rights established under this section.

SB40,811,4 (5) Rights established under this section shall not, except as determined by the department of corrections, be applicable to residents in such facilities or complexes, if the resident is in the legal custody of the department of corrections and is a correctional client in such a facility or complex.

SB40, s. 1799 Section 1799. 50.09 (6) (a), (b) and (d) of the statutes are amended to read:

SB40,811,9 50.09 (6) (a) Each facility or complex shall establish a system of reviewing complaints and allegations of violations of residents' rights established under this section. The facility or complex shall designate a specific individual who, for the purposes of effectuating this section, shall report to the administrator.

SB40,811,17 (b) Allegations of violations of such rights by persons licensed, certified, or registered under chs. 441, 446 to 450, 455, and 456 shall be promptly reported by the facility or complex to the appropriate licensing, examining, or affiliated credentialing board and to the person against whom the allegation has been made. Any employee of the facility or complex and any person licensed, certified, or registered under chs. 441, 446 to 450, 455, and 456 may also report such allegations to the board. Such The board may make further investigation and take such disciplinary action, within the board's statutory authority, as the case requires.

SB40,811,23 (d) The facility or complex shall attach a statement, which summarizes complaints or allegations of violations of rights established under this section, to 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 the statement in reviewing the report.

SB40, s. 1800 Section 1800. 50.14 (2) (intro.) of the statutes is amended to read:

SB40,812,5 50.14 (2) (intro.) For the privilege of doing business in this state, there is imposed on all licensed beds of a facility an assessment that may not exceed $445 per calendar month per licensed bed of an intermediate care facility for the mentally retarded and an assessment that may not exceed $75 in the following amount per calendar month per licensed bed of a nursing home. the facility: