AB259: Bill Text

AB259, s. 3 Section 3. 50.033 (6) of the statutes is renumbered 50.033 (6) (a) and amended to read:

AB259,3,19 50.033 (6) (a) Any Except as provided under par. (b), any person who violates this section or rules promulgated under s. 50.02 (2) (am) 2. may be fined not more than $500 or imprisoned for not more than one year in the county jail or both.

AB259, s. 4 Section 4. 50.033 (6) (b) of the statutes is created to read:

AB259,3,22 50.033 (6) (b) Any person who violates sub. (2p) may be required to forfeit not more than $500 for each day of violation.

AB259, s. 5 Section 5. 50.035 (10m) of the statutes is created to read:

AB259,4,3 50.035 (10m) Services for persons with Alzheimer's disease. A community-based residential facility may not hold itself out as providing special services for persons with Alzheimer's disease or related dementia unless the department determines that the community-based residential facility satisfies the standards promulgated by rule under s. 50.02 (6).

AB259, s. 6 Section 6. 50.035 (11) (a) of the statutes is amended to read:

AB259,4,8 50.035 (11) (a) Whoever violates sub. (4m) or (4n) or rules promulgated under sub. (4m) or (4n) may be required to forfeit not more than $500 for each violation. Whoever violates sub. (10m) may be required to forfeit not more than $500 for each day of violation.

AB259, s. 7 Section 7. 50.04 (2x) of the statutes is created to read:

AB259,4,13 50.04 (2x) Services for persons with Alzheimer's disease. (a) A nursing home may not hold itself out as providing special services for persons with Alzheimer's disease or related dementia unless the department determines that the nursing home satisfies the standards promulgated by rule under s. 50.02 (6).

AB259,4,14 (b) A violation of par. (a) is a class "C" violation under sub. (4) (b) 3.

AB259, s. 8 Section 8. 50.095 (title) of the statutes is amended to read:

AB259,4,16 50.095 (title) Resident's right to know; nursing home facility reports.

AB259, s. 9 Section 9. 50.095 (1) of the statutes is renumbered 50.095 (1r) and amended to read:

AB259,4,22 50.095 (1r) Every resident in or prospective resident of a nursing home facility has the right to know certain information from the nursing home facility which would aid an individual in assessing the quality of care provided by a nursing home the facility.

AB259, s. 10 Section 10. 50.095 (1g) of the statutes is created to read:

AB259,4,24 50.095 (1g) In this section:

AB259,4,25 (a) "Adult family home" means an adult family home under s. 50.01 (1) (b).

AB259,5,2 (b) "Facility" means an adult family home, a community-based residential facility, or a nursing home.

AB259, s. 11 Section 11. 50.095 (2) of the statutes is amended to read:

AB259,5,6 50.095 (2) The department may request from a nursing home facility information necessary for preparation of a report under sub. (3) or (3g), and the nursing home facility, if so requested, shall provide the information.

AB259, s. 12 Section 12. 50.095 (3) (d) of the statutes is created to read:

AB259,5,11 50.095 (3) (d) If the nursing home holds itself out as providing special services for persons with Alzheimer's disease or related dementia, a description of how the nursing home satisfies the standards promulgated by rule under s. 50.02 (6) for the care and treatment of persons with Alzheimer's disease or related dementia.

AB259, s. 13 Section 13. 50.095 (3g) of the statutes is created to read:

AB259,5,15 50.095 (3g) By July 1 of each year, the department shall provide each adult family home and community-based residential facility and the office of the long-term care ombudsman with a report that includes the following information:

AB259,5,19 (a) Any violations of statutes or rules that the adult family home or community-based residential facility and all other similar facilities in the same geographical area, as determined by the department, committed in the previous year.

AB259,5,24 (b) If the adult family home or community-based residential facility holds itself out as providing special services for persons with Alzheimer's disease or related dementia, a description of how the facility satisfies the standards promulgated by rule under s. 50.02 (6) for the care and treatment of persons with Alzheimer's disease or related dementia.

AB259, s. 14 Section 14. 50.095 (3m) of the statutes is amended to read:

AB259,6,10 50.095 (3m) The department shall prepare a simplified summary of the information required under sub. (3) (am) to (c) for each nursing home and shall prepare a summary of the information required under sub. (3g) for each adult family home and community-based residential facility, as specified by rule by the department. The Each summary shall be on one sheet of paper and shall be in language that is easily understood by laypersons. The summary summaries for nursing homes and community-based residential facilities shall state that a complete copy of the most recent report of inspection of the nursing home or community-based residential facility is available from the department, upon request, for a minimal fee.

AB259, s. 15 Section 15. 50.095 (4) of the statutes is amended to read:

AB259,6,18 50.095 (4) Upon receipt of a report under sub. (3) , the nursing home or (3g), a facility shall make the report available to any person requesting the report. Upon receipt of a summary under sub. (3m), the nursing home a facility shall provide a copy of the summary to every resident of the nursing home facility and his or her guardian, if any, to every prospective resident of the nursing home facility, if any, and to every person who accompanies a prospective resident or acts as the prospective resident's representative, as defined in s. 655.001 (12), if any.

AB259, s. 16 Section 16 . Nonstatutory provisions.

AB259,6,20 (1) Rule making.

AB259,6,24 (a) The department of health services shall submit in proposed form the rules required under section 50.02 (6) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this paragraph.

AB259,7,9 (b) Using the procedure under section 227.24 of the statutes, the department of health services may promulgate rules required under section 50.02 (6) of the statutes, as created by this act, for the period before the effective date of the rules submitted under paragraph (a), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB259, s. 17 Section 17. Effective dates. This act takes effect on the first day of the 7th month beginning after publication, except as follows:

AB259,7,13 (1) The treatment of section 50.02 (6) of the statutes and Section 16 of this act take effect on the day after publication.

AB259,7,14 (End)