SB40: Bill Text

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SB40, s. 1794 Section 1794. 50.065 (5g) of the statutes is repealed.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

SB40,812,9 (2g) The assessment moneys collected under this section shall be deposited in the general fund, except amounts in excess of $13,800,000 shall be deposited in the Medical Assistance trust fund. In determining the number of licensed beds, all of the following apply:

SB40, s. 1801 Section 1801. 50.14 (2) (a) of the statutes is renumbered 50.14 (2r) and amended to read:

SB40,812,16 50.14 (2r) If the amount For the purpose of determining the number of beds subject to assessment under sub. (2), if a facility's number of the beds is other than a whole number, the fractional part of the amount that number shall be disregarded unless it equals 50% or more of a whole number, in which case the amount number of beds shall be increased to the next whole number.

SB40, s. 1802 Section 1802. 50.14 (2) (am) of the statutes is created to read:

SB40,812,18 50.14 (2) (am) For nursing homes, an amount not to exceed $127.

SB40, s. 1803 Section 1803. 50.14 (2) (b) of the statutes is repealed.

SB40, s. 1804 Section 1804. 50.14 (2) (bm) of the statutes is created to read:

SB40,812,25 50.14 (2) (bm) For intermediate care facilities for the mentally retarded, an amount calculated by multiplying the projected annual gross revenues of all intermediate care facilities for the mentally retarded in this state by 0.055, dividing the product by the number of licensed beds of intermediate care facilities in this state and dividing the quotient by 12.

SB40, s. 1805 Section 1805. 50.14 (2m) of the statutes is created to read:

SB40,813,7 50.14 (2m) Prior to each state fiscal year, the department shall calculate the amount of the assessment under sub. (2) (bm) that shall apply during the fiscal year. The department may reduce the assessment amount during a state fiscal year to avoid collecting for the fiscal year an amount in bed assessment receipts under sub. (2) (bm) that exceeds 5.5 percent of the aggregate gross revenues for intermediate care facilities for the mentally retarded for the fiscal year.

SB40, s. 1806 Section 1806. 50.36 (2) (c) of the statutes is repealed.

SB40, s. 1807 Section 1807. 50.375 of the statutes is created to read:

SB40,813,13 50.375 Assessment. (1) Beginning in 2007, for the privilege of doing business in this state, there is imposed on each hospital an annual assessment, based on the hospital's gross revenue that each hospital shall pay before December 1. The assessments shall be deposited into the health care quality fund.

SB40,813,16 (2) The department shall verify the amount of each hospital's gross revenue and determine the amount of each hospital's assessment, based on claims information that shall be provided to the department under s. 153.46 (5).

SB40,813,20 (3) Although the department may consider the revenue received by a hospital for services or items provided as benefits under subch. IV of chapter 49, the department's determination under sub. (2) shall be based on a rate not to exceed 1 percent of the hospital's gross revenue, as adjusted by the department.

SB40,813,25 (4) Sections 77.59 (1) to (5), (6) (intro.), (a), and (c), and (7) to (10), 77.60 (1) to (7), (9), and (10), 77.61 (9) and (12) to (14), and 77.62, as they apply to the taxes under subch. III of ch. 77, apply to the assessment under this section, except that the amount of any assessment collected under sub. (1) shall be deposited in the health care quality fund.

SB40,814,2 (5) The department shall levy, enforce, and collect the assessment under this section and shall develop and distribute forms necessary for levying and collection.

SB40,814,6 (6) An affected hospital may contest an action by the department of health and family services under this section by submitting a written request for a hearing to the division of hearings and appeals in the department of administration within 30 days after the date of the department's action.

SB40,814,9 (7) Any order or determination made by the division of hearings and appeals in the department of administration under a hearing as specified in sub. (6) is subject to judicial review as prescribed under ch. 227.

SB40, s. 1808 Section 1808. 50.38 of the statutes is repealed.

SB40, s. 1809 Section 1809. 50.49 (6m) (am) of the statutes is created to read:

SB40,814,14 50.49 (6m) (am) An entity with which a care management organization, as defined in s. 46.2805 (1), contracts for care management services under s. 46.284 (4) (d), for purposes of providing the contracted services.

SB40, s. 1810 Section 1810. 50.498 (1m) of the statutes is amended to read:

SB40,814,24 50.498 (1m) If an individual who applies for a certificate of approval, license or provisional license under sub. (1) does not have a social security number, the individual, as a condition of obtaining the certificate of approval, license or provisional license, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A certificate of approval, license or provisional license issued in reliance upon a false statement submitted under this subsection is invalid.

SB40, s. 1811 Section 1811. 51.032 (1m) of the statutes is amended to read:

SB40,815,7 51.032 (1m) If an individual who applies for a certification or approval under sub. (1) does not have a social security number, the individual, as a condition of obtaining the certification or approval, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A certification or approval issued in reliance upon a false statement submitted under this subsection is invalid.

SB40, s. 1812 Section 1812. 51.038 of the statutes is amended to read:

SB40,815,16 51.038 Outpatient mental health clinic certification. Except as provided in s. 51.032, if a facility that provides mental health services on an outpatient basis holds current accreditation from the council on accreditation of services for families and children, the department may accept evidence of this accreditation as equivalent to the standards established by the department, for the purpose of certifying the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f. or 49.471 (11) (k), a community aids funding recipient under s. 51.423 (2) or as mandated coverage under s. 632.89.

SB40, s. 1813 Section 1813. 51.04 of the statutes is amended to read:

SB40,815,23 51.04 Treatment facility certification. Except as provided in s. 51.032, any treatment facility may apply to the department for certification of the facility for the receipt of funds for services provided as a benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f. or 49.471 (11) (k) or to a community aids funding recipient under s. 51.423 (2) or provided as mandated coverage under s. 632.89. The department shall annually charge a fee for each certification.

SB40, s. 1814 Section 1814. 51.15 (9) of the statutes is amended to read:

SB40,816,8 51.15 (9) Notice of rights. At the time of detention the individual shall be informed by the director of the facility or such person's designee, both orally and in writing, of his or her right to contact an attorney and a member of his or her immediate family, the right to have an attorney provided at public expense, as provided under s. 967.06 and ch. 977, if the individual is a child or is indigent, 51.60, and the right to remain silent and that the individual's statements may be used as a basis for commitment. The individual shall also be provided with a copy of the statement of emergency detention.

SB40, s. 1815 Section 1815. 51.20 (3) of the statutes is amended to read:

SB40,816,16 51.20 (3) Legal counsel. At the time of the filing of the petition the court shall assure that the subject individual is represented by adversary counsel . If the individual claims or appears to be indigent, the court shall refer the person to the authority for indigency determinations specified under s. 977.07 (1). If the individual is a child, the court shall refer that child by referring the individual to the state public defender, who shall appoint counsel for the child individual without a determination of indigency, as provided in s. 48.23 (4) 51.60.

SB40, s. 1816 Section 1816. 51.20 (18) (c) of the statutes is amended to read:

SB40,816,24 51.20 (18) (c) Expenses of the proceedings from the presentation of the statement of emergency detention or petition for commitment to the conclusion of the proceeding shall be allowed by the court and paid by the county from which the subject individual is detained, committed, or released, in the manner that the expenses of a criminal prosecution are paid, as provided in s. 59.64 (1). Payment of attorney fees for appointed attorneys in the case of children and indigents shall be in accordance with ch. 977.

SB40, s. 1817 Section 1817. 51.30 (4) (b) 27. of the statutes is amended to read:

SB40,817,3 51.30 (4) (b) 27. For the purpose of entering information concerning the subject individual into the statewide automated child welfare information system established under s. 46.03 48.47 (7g).

SB40, s. 1818 Section 1818. 51.35 (1) (e) 1. of the statutes is amended to read:

SB40,817,13 51.35 (1) (e) 1. Whenever any transfer between different treatment facilities results in a greater restriction of personal freedom for the patient and whenever the patient is transferred from outpatient to inpatient status, the department or the county department specified under par. (a) shall inform the patient both orally and in writing of his or her right to contact an attorney and a member of his or her immediate family, the right to have counsel provided at public expense, as provided under s. 967.06 and ch. 977, if the patient is a child or is indigent 51.60, and the right to petition a court in the county in which the patient is located or the committing court for a review of the transfer.

SB40, s. 1819 Section 1819. 51.35 (1) (e) 2. c. of the statutes is amended to read:

SB40,817,16 51.35 (1) (e) 2. c. The patient's right to have counsel provided at public expense, as provided under s. 967.06 and ch. 977, if the patient is a child or is indigent 51.60.

SB40, s. 1820 Section 1820. 51.42 (3) (as) 1. of the statutes is amended to read:

SB40,818,18 51.42 (3) (as) 1. A county department of community programs shall authorize all care of any patient in a state, local, or private facility under a contractual agreement between the county department of community programs and the facility, unless the county department of community programs governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of community programs or its contract agency. In cases of emergency, a facility under contract with any county department of community programs shall charge the county department of community programs having jurisdiction in the county where the patient is found. The county department of community programs shall reimburse the facility for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health and family services determines that a charge is administratively infeasible, or unless the department of health and family services, after individual review, determines that the charge is not attributable to the cost of basic care and services. Except as provided in subd. 1m., a county department of community programs may not reimburse any state institution or receive credit for collections for care received therein in a state institution by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3), and transfers from Wisconsin state prisons under s. 51.37 (5) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06 or admissions under s. 975.17, 1977 stats., or children placed in the guardianship of the department of health and family services children and families under s. 48.427 or 48.43 or under the supervision of the department of corrections under s. 938.183 or 938.355. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which that are attributable to care and treatment of the client.

SB40, s. 1821 Section 1821. 51.42 (3) (e) of the statutes is amended to read:

SB40,819,9 51.42 (3) (e) Exchange of information. Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), any subunit of a county department of community programs or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of community programs or tribal agency, with a resource center, a care management organization, or a family long-term care district, or with any person providing services to the client under a purchase of services contract with the county department of community programs or tribal agency or with a resource center, care management organization, or family long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of community programs or tribal agency to coordinate the delivery of services to the client. Any agency releasing information under this paragraph shall document that a request was received and what information was provided.

SB40, s. 1822 Section 1822. 51.437 (4r) (b) of the statutes is amended to read:

SB40,819,25 51.437 (4r) (b) Notwithstanding ss. 46.2895 (9), 48.78 (2) (a), 49.45 (4), 49.83, 51.30, 51.45 (14) (a), 55.22 (3), 146.82, 252.11 (7), 253.07 (3) (c) and 938.78 (2) (a), any subunit of a county department of developmental disabilities services or tribal agency acting under this section may exchange confidential information about a client, without the informed consent of the client, with any other subunit of the same county department of developmental disabilities services or tribal agency, with a resource center, a care management organization, or a family long-term care district, or with any person providing services to the client under a purchase of services contract with the county department of developmental disabilities services or tribal agency or with a resource center, a care management organization, or a family long-term care district, if necessary to enable an employee or service provider to perform his or her duties, or to enable the county department of developmental disabilities services or tribal agency to coordinate the delivery of services to the client. Any agency releasing information under this paragraph shall document that a request was received and what information was provided.

SB40, s. 1823 Section 1823. 51.437 (4rm) (a) of the statutes is amended to read:

SB40,821,4 51.437 (4rm) (a) A county department of developmental disabilities services shall authorize all care of any patient in a state, local, or private facility under a contractual agreement between the county department of developmental disabilities services and the facility, unless the county department of developmental disabilities services governs the facility. The need for inpatient care shall be determined by the program director or designee in consultation with and upon the recommendation of a licensed physician trained in psychiatry and employed by the county department of developmental disabilities services or its contract agency prior to the admission of a patient to the facility except in the case of emergency services. In cases of emergency, a facility under contract with any county department of developmental disabilities services shall charge the county department of developmental disabilities services having jurisdiction in the county where the individual receiving care is found. The county department of developmental disabilities services shall reimburse the facility, except as provided under par. (c), for the actual cost of all authorized care and services less applicable collections under s. 46.036, unless the department of health and family services determines that a charge is administratively infeasible, or unless the department of health and family services, after individual review, determines that the charge is not attributable to the cost of basic care and services. The exclusionary provisions of s. 46.03 (18) do not apply to direct and indirect costs which are attributable to care and treatment of the client. County departments of developmental disabilities services may not reimburse any state institution or receive credit for collections for care received therein in a state institution by nonresidents of this state, interstate compact clients, transfers under s. 51.35 (3) (a), commitments under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17 or 975.06, admissions under s. 975.17, 1977 stats., children placed in the guardianship of the department of health and family services children and families under s. 48.427 or 48.43 or juveniles under the supervision of the department of corrections under s. 938.183 or 938.355.

SB40, s. 1824 Section 1824. 51.437 (14) (i) of the statutes is created to read:

SB40,821,10 51.437 (14) (i) Ensure that the matching funds requirement for the state developmental disabilities councils grant, as received from the federal department of health and human services, is met by reporting to the federal department of health and human services expenditures made for the provision of developmental disabilities services under the basic county allocation distributed under s. 46.40 (2).

SB40, s. 1825 Section 1825. 51.44 (5) (c) of the statutes is repealed.

SB40, s. 1826 Section 1826. 51.45 (4) (p) of the statutes is repealed.