SB548: Bill Text

SB548,12,22 146.40 (1) (bt) "Intermediate care facility for the mentally retarded persons with mental retardation" has the meaning given for "intermediate care facility for the mentally retarded" under 42 USC 1396d (c) and (d).

SB548, s. 43 Section 43. 146.40 (1) (d) of the statutes is amended to read:

SB548,13,8 146.40 (1) (d) "Nurse's assistant Nurse aide" means an individual who performs routine patient care duties delegated by a registered nurse or licensed practical nurse who supervises the individual, for the direct health care of a patient or resident. "Nurse's assistant Nurse aide" does not mean a feeding assistant, an individual who is licensed, permitted, certified, or registered under ch. 441, 448, 449, 450, 451, 455, 459, or 460, or an individual whose duties primarily involve skills that are different than those taught in instructional and competency evaluation programs for nurse's assistants certified nurse aides approved under sub. (3) or evaluated by competency evaluation programs for nurse's assistants nurse aides approved under sub. (3m).

SB548, s. 44 Section 44. 146.40 (2) (intro.) of the statutes is amended to read:

SB548,13,16 146.40 (2) (intro.) A hospital, nursing home or, intermediate care facility for the mentally retarded persons with mental retardation, home health agency, or hospice may not employ or contract for the services of an individual as a nurse's assistant, a home health agency may not employ or contract for the services of an individual as a home health aide and a hospice may not employ or contract for the services of an individual as a hospice nurse aide, regardless of the title under which the individual is employed or contracted for, unless one of the following is true:

SB548, s. 45 Section 45. 146.40 (2) (a) of the statutes is amended to read:

SB548,13,25 146.40 (2) (a) For hospitals, nursing homes, home health agencies or hospices, whether or not certified providers of medical assistance, except as provided in par. (g), and intermediate care facilities for the mentally retarded that are certified providers of medical assistance, the The individual has successfully completed instruction in an instructional and competency evaluation program for nurse's assistants, home health aides or hospice nurse aides that is certified by the department approved under sub. (3) and has successfully completed a competency evaluation program that is approved under sub. (3m).

SB548, s. 46 Section 46. 146.40 (2) (am) of the statutes is repealed.

SB548, s. 47 Section 47. 146.40 (2) (b) of the statutes is repealed.

SB548, s. 48 Section 48. 146.40 (2) (bm) of the statutes is repealed.

SB548, s. 49 Section 49. 146.40 (2) (c) of the statutes is renumbered 146.40 (2) (c) (intro.) and amended to read:

SB548,14,14 146.40 (2) (c) (intro.) For hospitals, nursing homes, home health agencies or hospices, whether or not certified providers of medical assistance, and intermediate care facilities for the mentally retarded persons with mental retardation that are certified providers of medical assistance, the individual is enrolled in an instructional program for nurse aides that is approved under sub. (3) and is employed or under contract as a nurse's assistant, home health aide or hospice aide fewer than 120 calendar days by the hospital, nursing home, home health agency, hospice or intermediate care facility for the mentally retarded. All of the following applies to an individual specified under this paragraph:

SB548, s. 50 Section 50. 146.40 (2) (c) 1. of the statutes is created to read:

SB548,14,18 146.40 (2) (c) 1. He or she may perform only services for which he or she has received training and has been found proficient by an instructor under the instructional program.

SB548, s. 51 Section 51. 146.40 (2) (c) 2. of the statutes is created to read:

SB548,14,23 146.40 (2) (c) 2. The hospital, nursing home, home health agency, hospice, or intermediate care facility for persons with mental retardation may not include the individual in meeting or complying with a requirement for nursing care staff and functions, including a minimum nursing staff requirement.

SB548, s. 52 Section 52. 146.40 (2) (d) of the statutes is amended to read:

SB548,15,11 146.40 (2) (d) For hospitals, nursing homes, home health agencies, or hospices, whether or not certified providers of medical assistance, and intermediate care facilities for the mentally retarded persons with mental retardation that are certified providers of medical assistance, the individual has successfully completed instruction in an instructional and competency evaluation program or has successfully completed and a competency evaluation program for nurse's assistants, for home health aides or for hospice nurse aides that is certified in another state that meets criteria for acceptance in this state as specified by the department by rule, or the individual is certified as a nurse's assistant, home health aide or hospice aide in another state that meets criteria for acceptance in this state as specified by the department by rule, except that after December 31, 1991, par. (a) applies.

SB548, s. 53 Section 53. 146.40 (2) (e) of the statutes is amended to read:

SB548,15,21 146.40 (2) (e) For hospitals, home health agencies , or hospices, whether or not certified providers of medical assistance, nursing homes that are not certified providers of medical assistance and intermediate care facilities for the mentally retarded persons with mental retardation that are certified providers of medical assistance, the individual is a student nurse who has successfully completed a basic nursing course from a school that is on the accredited list of schools specified under s. 441.01 (4) or who successfully completes a competency evaluation program for nurse's assistants, home health aides or hospice nurse aides that is approved by the department under sub. (3m).

SB548, s. 54 Section 54. 146.40 (2) (em) of the statutes is amended to read:

SB548,16,2 146.40 (2) (em) For nursing homes that are certified providers of medical assistance, the individual is a student nurse who successfully completes a competency evaluation program for nurse's assistants nurse aides that is approved by the department under sub. (3m).

SB548, s. 55 Section 55. 146.40 (2) (f) of the statutes is repealed.

SB548, s. 56 Section 56. 146.40 (2) (g) of the statutes is amended to read:

SB548,16,14 146.40 (2) (g) For hospitals, nursing homes, home health agencies, or hospices, whether or not certified providers of medical assistance, and intermediate care facilities for persons with mental retardation that are certified providers of medical assistance, the individual, if he or she has performed no nursing-related service for monetary compensation for 24 consecutive months after having satisfied the requirement under par. (a), again successfully completes instruction in an instructional and a competency evaluation program for nurse's assistants nurse aides that is certified approved by the department under sub. (3) or a competency evaluation program for nurse's assistants that is approved by the department under sub. (3m).

SB548, s. 57 Section 57. 146.40 (2m) of the statutes is created to read:

SB548,16,22 146.40 (2m) A nursing home or intermediate care facility for persons with mental retardation, whether or not the nursing home or intermediate care facility is a certified provider of medical assistance, may not employ or contract for the services of an individual as a feeding assistant, regardless of the title under which the individual is employed or contracted for, unless the individual has successfully completed a state-approved training and testing program, as specified by the department by rule.

SB548, s. 58 Section 58. 146.40 (3) of the statutes is amended to read:

SB548,17,11 146.40 (3) Except as provided in sub. (4d), the department shall certify approve instructional and competency evaluation programs for nurse's assistants, for home health aides and for hospice nurse aides that apply for certification, and satisfy standards for certification, approval that are promulgated by rule by the department. The department shall review the curriculum of each certified approved instructional and competency evaluation program at least once every 36 24 months following the date of certification approval to determine whether the program satisfies continues to satisfy the standards for certification approval. Under this subsection, the department may, after providing notice, suspend or revoke the certification approval of an instructional and competency evaluation program or impose a plan of correction on the program if the program does not fails to satisfy the standards for certification approval or operates under conditions that are other than those contained in the application approved by the department.

SB548, s. 59 Section 59. 146.40 (3m) of the statutes is amended to read:

SB548,17,21 146.40 (3m) The department shall review competency evaluation programs for nurse's assistants, for home health aides and for hospice nurse aides and, except as provided in sub. (4d), may approve those competency evaluation programs that satisfy standards for approval that are specified in rules of promulgated by the department. Under this subsection, the department may, after providing notice, suspend or revoke approval of a competency evaluation program or impose a plan of correction on the program if the competency evaluation program fails to satisfy the standards for approval or operates under conditions that are other than those contained in the application approved by the department.

SB548, s. 60 Section 60. 146.40 (4) of the statutes is amended to read:

SB548,18,2 146.40 (4) An instructional and A competency evaluation program certified under sub. (3) or a competency evaluation program approved under sub. (3m) shall notify the department, on a form provided by the department, within 30 days to include an individual on the registry under sub. (4g) (a) 1. after an the individual has successfully completed the program competency examination.

SB548, s. 61 Section 61. 146.40 (4d) (a) of the statutes is amended to read:

SB548,18,8 146.40 (4d) (a) Except as provided in par. (am), the department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing a certification an approval under sub. (3) or an approval under sub. (3m).

SB548, s. 62 Section 62. 146.40 (4d) (am) of the statutes, as affected by 2007 Wisconsin Act 20, is repealed and recreated to read:

SB548,18,16 146.40 (4d) (am) If an individual specified under par. (a) does not have a social security number, the individual, as a condition of obtaining 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 children and families. An approval issued in reliance upon a false statement submitted under this paragraph is invalid.

SB548, s. 63 Section 63. 146.40 (4d) (c) of the statutes is amended to read:

SB548,18,20 146.40 (4d) (c) Except as provided in par. (am), the department shall deny an application for the issuance of a certification or an approval specified in par. (a) if the applicant does not provide the information specified in par. (a).

SB548, s. 64 Section 64. 146.40 (4d) (d) of the statutes is amended to read:

SB548,18,25 146.40 (4d) (d) The department shall deny an application for the issuance of a certification or an approval specified in par. (a) or shall revoke a certification or an approval if the department of revenue certifies under s. 73.0301 that the applicant for or holder of a certification or an approval is liable for delinquent taxes.

SB548, s. 65 Section 65. 146.40 (4m) of the statutes is amended to read:

SB548,19,17 146.40 (4m) An instructional and competency evaluation program under sub. (3) for which the department has suspended or revoked certification approval or imposed a plan of correction or a competency evaluation program under sub. (3m) for which the department has suspended or revoked approval or imposed a plan of correction may contest the department's action by sending, within 10 days after receipt of notice of the 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 after 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. This subsection does not apply to a revocation of certification approval under sub. (4d) (d).

SB548, s. 66 Section 66. 146.40 (4r) (am) 1. of the statutes is amended to read:

SB548,19,22 146.40 (4r) (am) 1. Except as provided in subd. 2., an An entity shall report to the department any allegation of misappropriation of the property of a client or of neglect or abuse of a client by any person individual employed by or under contract with the entity if the person individual is under the control of the entity.

SB548, s. 67 Section 67. 146.40 (4r) (am) 2. of the statutes is repealed.

SB548, s. 68 Section 68. 146.40 (4r) (b) of the statutes is amended to read:

SB548,20,15 146.40 (4r) (b) Except as provided in pars. (em) and (er), the department shall review and investigate any report received under par. (a) or (am) and, if the allegation is substantiated, make specific, documented findings concerning the misappropriation of property or the neglect or abuse. The department shall, in writing by certified mail, notify the person individual specified in the report that the person's individual's name and the department's findings about the person individual shall be listed in the registry under sub. (4g) (a) 2. and 3. unless the person individual contests the listings in a hearing before the division of hearings and appeals created under s. 15.103 (1). The written notification shall describe the investigation conducted by the department, enumerate the findings alleging misappropriation of property or neglect or abuse of a client and explain the consequence to the person individual specified in the report of waiving a hearing to contest the findings. The person individual specified in the report shall have 30 calendar days after receipt of the notification to indicate to the department in writing whether he or she intends to contest the listing or to waive the hearing.

SB548, s. 69 Section 69. 146.40 (4r) (c) of the statutes is amended to read:

SB548,20,22 146.40 (4r) (c) If the nurse's assistant or home health aide an individual under par. (b) notifies the department that he or she waives a hearing to contest the listings in the registry under par. (b), or fails to notify the department within 30 calendar days after receipt of a notice under par. (b), the department shall enter the name of the individual under sub. (4g) (a) 2. and the department's findings about the individual under sub. (4g) (a) 3.

SB548, s. 70 Section 70. 146.40 (4r) (e) of the statutes is amended to read:

SB548,21,2 146.40 (4r) (e) The nurse's assistant or home health aide individual may provide the department with a brief statement disputing the department's findings under par. (b) or the hearing officer's findings under par. (d) and, if so provided, the department shall enter the statement under sub. (4g) (a) 4.

SB548, s. 71 Section 71. 146.40 (4r) (em) of the statutes is amended to read:

SB548,21,8 146.40 (4r) (em) If the department of health and family services receives a report under par. (a) or (am) and determines that a person an individual who is the subject of the report holds a credential that is related to the person's individual's employment at, or contract with, the entity, the department of health and family services shall refer the report to the department of regulation and licensing.

SB548, s. 72 Section 72. 146.40 (5) (a) of the statutes is amended to read:

SB548,21,14 146.40 (5) (a) The department, in consultation with the technical college system board, shall promulgate rules specifying standards for certification approval in this state of instructional programs and competency evaluation programs for nurse's assistants, home health aides and hospice nurse aides. The standards shall include specialized training in providing care to individuals with special needs.

SB548, s. 73 Section 73. 146.40 (5) (b) (intro.) of the statutes is amended to read:

SB548,21,22 146.40 (5) (b) (intro.) The department shall promulgate rules specifying criteria for acceptance by this state of an instructional program and a competency evaluation program or a competency evaluation program that is certified in another state, including whether the other state grants nurse's assistant privileges, home health aide privileges or hospice nurse aide privileges to persons who have completed instruction in an instructional and competency evaluation program that is certified approved under sub. (3) and whether one of the following is true:

SB548, s. 74 Section 74. 146.40 (5) (b) 1. of the statutes is amended to read:

SB548,22,2 146.40 (5) (b) 1. If the other state certifies instructional programs and competency evaluation programs for nurse's assistants, home health aides or hospice nurse aides, the state's requirements are substantially similar, as determined by the department, to certification requirements in this state.

SB548, s. 75 Section 75. 146.40 (5) (b) 2. (intro.) of the statutes is amended to read:

SB548,22,6 146.40 (5) (b) 2. (intro.) If the other state certifies nurse's assistants, home health aides or hospice nurse aides, that state's requirements are such that one of the following applies:

SB548, s. 76 Section 76. 146.40 (5) (b) 2. a. of the statutes is amended to read:

SB548,22,11 146.40 (5) (b) 2. a. The instructional and competency evaluation programs required for attendance by persons receiving certificates are substantially similar, as determined by the department, to instructional and competency evaluation programs certified approved under sub. (3).

SB548, s. 77 Section 77. 155.20 (2) (a) 2. of the statutes is amended to read:

SB548,22,14 155.20 (2) (a) 2. An intermediate care facility for the mentally retarded persons with mental retardation, as defined in s. 46.278 (1m) (am).

SB548, s. 78 Section 78. 155.30 (3) of the statutes is amended to read:

SB548,23,3 155.30 (3) The department shall prepare and provide copies of a power of attorney for health care instrument and accompanying information for distribution in quantities to health care professionals, hospitals, nursing homes, multipurpose senior centers, county clerks, and local bar associations and individually to private persons. The department shall include, in information accompanying the copy of the instrument, at least the statutory definitions of terms used in the instrument, statutory restrictions on who may be witnesses to a valid instrument, a statement explaining that valid witnesses acting in good faith are statutorily immune from civil or criminal liability and a statement explaining that an instrument may, but need not, be filed with the register in probate of the principal's county of residence. The department may charge a reasonable fee for the cost of preparation and distribution. The power of attorney for health care instrument distributed by the department shall include the notice specified in sub. (1) and shall be in the following form:

SB548,23,4 POWER OF ATTORNEY

SB548,23,5 FOR HEALTH CARE

SB548,23,6 Document made this.... day of.... (month),.... (year).

SB548,23,7 CREATION OF POWER OF

SB548,23,8 ATTORNEY FOR HEALTH CARE

SB548,23,16 I,.... (print name, address and date of birth), being of sound mind, intend by this document to create a power of attorney for health care. My executing this power of attorney for health care is voluntary. Despite the creation of this power of attorney for health care, I expect to be fully informed about and allowed to participate in any health care decision for me, to the extent that I am able. For the purposes of this document, "health care decision" means an informed decision to accept, maintain, discontinue or refuse any care, treatment, service or procedure to maintain, diagnose or treat my physical or mental condition.

SB548,23,18 In addition, I may, by this document, specify my wishes with respect to making an anatomical gift upon my death.

SB548,23,19 DESIGNATION OF HEALTH CARE AGENT

SB548,24,9 If I am no longer able to make health care decisions for myself, due to my incapacity, I hereby designate.... (print name, address and telephone number) to be my health care agent for the purpose of making health care decisions on my behalf. If he or she is ever unable or unwilling to do so, I hereby designate.... (print name, address and telephone number) to be my alternate health care agent for the purpose of making health care decisions on my behalf. Neither my health care agent nor my alternate health care agent whom I have designated is my health care provider, an employee of my health care provider, an employee of a health care facility in which I am a patient or a spouse of any of those persons, unless he or she is also my relative. For purposes of this document, "incapacity" exists if 2 physicians or a physician and a psychologist who have personally examined me sign a statement that specifically expresses their opinion that I have a condition that means that I am unable to receive and evaluate information effectively or to communicate decisions to such an extent that I lack the capacity to manage my health care decisions. A copy of that statement must be attached to this document.

SB548,24,10 GENERAL STATEMENT OF

SB548,24,11 AUTHORITY GRANTED

SB548,24,18 Unless I have specified otherwise in this document, if I ever have incapacity I instruct my health care provider to obtain the health care decision of my health care agent, if I need treatment, for all of my health care and treatment. I have discussed my desires thoroughly with my health care agent and believe that he or she understands my philosophy regarding the health care decisions I would make if I were able. I desire that my wishes be carried out through the authority given to my health care agent under this document.

SB548,25,2 If I am unable, due to my incapacity, to make a health care decision, my health care agent is instructed to make the health care decision for me, but my health care agent should try to discuss with me any specific proposed health care if I am able to communicate in any manner, including by blinking my eyes. If this communication cannot be made, my health care agent shall base his or her decision on any health care choices that I have expressed prior to the time of the decision. If I have not expressed a health care choice about the health care in question and communication cannot be made, my health care agent shall base his or her health care decision on what he or she believes to be in my best interest.

SB548,25,3 LIMITATIONS ON

SB548,25,4 MENTAL HEALTH TREATMENT

SB548,25,10 My health care agent may not admit or commit me on an inpatient basis to an institution for mental diseases, an intermediate care facility for the mentally retarded persons with mental retardation, a state treatment facility or a treatment facility. My health care agent may not consent to experimental mental health research or psychosurgery, electroconvulsive treatment or drastic mental health treatment procedures for me.

SB548,25,11 ADMISSION TO NURSING HOMES

SB548,25,12 OR COMMUNITY-BASED RESIDENTIAL FACILITIES

SB548,25,14 My health care agent may admit me to a nursing home or community-based residential facility for short-term stays for recuperative care or respite care.

SB548,25,17 If I have checked "Yes" to the following, my health care agent may admit me for a purpose other than recuperative care or respite care, but if I have checked "No" to the following, my health care agent may not so admit me:

SB548,25,18 1. A nursing home — Yes.... No....