AB302,9,2515
50.04
(4) (d) 2. A suspension of admissions under subd. 1. shall begin 90 days
16after a nursing home received its last notice of violation for a
class "A" or class "B" 17violation
specified in subd. 1. a. if the department determines that the violation
18remains uncorrected 90 days after the nursing home received the last notice of the
19violation.
If the nursing home indicates to the department that the violation has
20been corrected, but the department is unable to verify that the violation has been
21corrected, a suspension of admissions under subd. 1. shall begin on the day that the
22department makes a return visit to the nursing home and determines that the
23violation has not been corrected. A suspension of admissions under subd. 1. shall
24remain in effect until the department determines that
all class "A" and class "B"
25violations by the nursing home
have been has corrected
the violation. Admission of
1a new resident during the period for which admissions have been suspended
2constitutes a class "B" violation.
AB302, s. 16
3Section
16. 50.04 (4) (e) 1. of the statutes is amended to read:
AB302,10,234
50.04
(4) (e) 1. If a nursing home desires to contest any department action
5under this subsection, it shall send a written request for a hearing under s. 227.44
6to the division of hearings and appeals created under s. 15.103 (1) within
10 60 days
7of receipt of notice of the contested action. Department action that is subject to a
8hearing under this subsection includes service of a notice of a violation of this
9subchapter or rules promulgated under this subchapter, a notation in the report
10under sub. (3) (b), imposition of a plan of correction
, and rejection of a nursing home's
11plan of correction, but does not include a correction order. Upon the request of the
12nursing home, the division shall grant a stay of the hearing under this paragraph
13until the department assesses a forfeiture, so that its hearing under this paragraph
14is consolidated with the forfeiture appeal hearing held under sub. (5) (e). All agency
15action under this subsection arising out of a violation, deficiency
, or rejection and
16imposition of a plan of correction shall be the subject of a single hearing. Unless a
17stay is granted under this paragraph, the division shall commence the hearing
18within 30 days of the request for hearing, within 30 days of the department's
19acceptance of a nursing home's plan of correction
, or within 30 days of the
20department's imposition of a plan of correction, whichever is later. The division shall
21send notice to the nursing home in conformance with s. 227.44. Issues litigated at
22the hearing may not be relitigated at subsequent hearings under this paragraph
23arising out of the same violation or deficiency.
AB302, s. 17
24Section
17. 50.04 (5) (a) 5m. of the statutes is repealed.
AB302, s. 18
25Section
18. 50.04 (5) (c) of the statutes is amended to read:
AB302,11,10
150.04
(5) (c)
Assessment of forfeitures; powers and duties of department. The
2department may directly assess forfeitures provided for under par. (a). If the
3department determines that a forfeiture should be assessed for a particular violation
4or for failure to correct it,
it the department shall send a notice of assessment
of
5forfeiture to the nursing home. The notice shall specify the amount of the forfeiture
6assessed, the violation,
and the statute or rule alleged to have been violated
, and
7shall inform the licensee of the right to hearing under par. (e).
If the department does
8not issue a notice of forfeiture within 120 days after the date on which a nursing home
9receives the notice of a violation, the department may not assess a forfeiture for the
10violation.
AB302, s. 19
11Section
19. 50.04 (5) (e) of the statutes is amended to read:
AB302,12,312
50.04
(5) (e)
Forfeiture appeal hearing. A nursing home may contest an
13assessment of
a forfeiture by sending, within
10 60 days after receipt of notice of
a
14contested action the assessment of the forfeiture, a written request for hearing under
15s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The
16administrator of the division may designate a hearing examiner to preside over the
17case and recommend a decision to the administrator under s. 227.46. The decision
18of the administrator of the division shall be the final administrative decision. The
19division shall commence the hearing within 30 days of receipt of the request for
20hearing and shall issue a final decision within 15 days after the close of the hearing.
21Proceedings before the division are governed by ch. 227. In any petition for judicial
22review of a decision by the division, the party, other than the petitioner, who was in
23the proceeding before the division shall be the named respondent.
If, after receipt
24of notice of assessment of a forfeiture, a nursing home that has timely requested a
25hearing under sub. (4) (e) on the notice of violation under sub. (4) for which the
1forfeiture was assessed requests a hearing under this paragraph on the assessment
2of the forfeiture, the hearing on the notice of violation under sub. (4) and the hearing
3on the assessment of the forfeiture shall be consolidated.
AB302, s. 20
4Section
20. 50.04 (5) (f) of the statutes is amended to read:
AB302,12,115
50.04
(5) (f)
Forfeitures paid within
10 60 days. All forfeitures shall be paid to
6the department within
10 60 days of receipt of notice of assessment
of the forfeiture 7or, if the forfeiture is contested under par. (e), within
10 60 days of receipt of the final
8decision after exhaustion of administrative review, unless the final decision is
9appealed and the order is stayed by court order under s. 50.03 (11). The department
10shall remit all forfeitures paid to the secretary of administration for deposit in the
11school fund.
AB302, s. 21
12Section
21. 50.04 (5) (fm) of the statutes is amended to read:
AB302,12,1813
50.04
(5) (fm)
Forfeiture reduction for timely payment. If a nursing home does
14not contest a notice of violation under sub. (4) (e) and does not contest an assessment
15of
a forfeiture under par. (e) for a class "A" or class "B" violation and pays the
16forfeiture to the department within
10 60 days after receipt of the notice of
17assessment
of the forfeiture, the department shall reduce the amount of the
18assessment forfeiture by
35% 35 percent.
AB302, s. 22
19Section
22. 50.04 (6) (a) of the statutes is repealed and recreated to read:
AB302,12,2220
50.04
(6) (a)
Power of department. 1. In addition to the right to impose
21forfeitures under sub. (5), the department may issue a conditional license to any
22nursing home if the department finds that any of the following is true:
AB302,12,2423
a. A class "A" or class "B" violation, as defined in sub. (4), continues to exist in
24the nursing home.
AB302,13,2
1b. A federal violation continues to exist that constitutes immediate jeopardy or
2actual harm not involving immediate jeopardy to a resident.
AB302,13,43
2. The issuance of a conditional license shall revoke any outstanding license
4held by the nursing home.
AB302,13,65
3. The nursing home may seek review of a decision to issue a conditional license
6as provided in s. 50.03 (5).
AB302, s. 23
7Section
23. 50.04 (8) of the statutes is created to read:
AB302,13,138
50.04
(8) Protection and cost effectiveness programs; quality assurance. 9(a) The department may distribute moneys from the appropriation account under
10s. 20.435 (6) (g) for innovative projects designed to protect the property and the
11health, safety, and welfare of residents in nursing homes and to improve the
12efficiency and cost effectiveness of the operation of facilities so as to improve the
13quality of life, care, and treatment of residents.
AB302,13,1814
(b) The department shall establish and maintain a quality assurance and
15improvement committee to review proposals and award moneys for innovative
16projects, as described in par. (a), that are approved by the committee. The
17department shall promulgate rules to guide the actions of the quality assurance and
18improvement committee.
AB302, s. 24
19Section
24. 50.05 (2) (f) (intro.) of the statutes is amended to read:
AB302,13,2520
50.05
(2) (f) (intro.) The facility is a nursing facility that is in violation of s.
2149.498
or, a rule promulgated under s. 49.498
, or a requirement under 42 CFR 483
22related to the operation of a nursing facility, meets the criteria established by rule
23under s. 49.498 (14) (c) for placement of a monitor or appointment of a receiver, and
24there is a need for placement of a monitor or appointment of a receiver during the
25period that any of the following applies:
AB302, s. 25
1Section
25. 50.05 (2) (f) 2. of the statutes is amended to read:
AB302,14,52
50.05
(2) (f) 2. The nursing facility institutes improvements in order to bring
3the nursing facility into compliance with the requirements of s. 49.498
or, a rule
4promulgated under s. 49.498
, or a requirement under 42 CFR 483 related to the
5operation of a nursing facility.
AB302,14,107
(1)
Hearing requests. The treatment of section 50.04 (4) (e) 1. and (5) (e) of the
8statutes first applies to requests for hearings related to a notice of violation, a report
9notation, a of plan correction, or a rejection of a plan of correction that is issued on
10the effective date of this subsection.
AB302,14,1311
(2)
Conditional licensure. The treatment of sections 50.01 (1ng) and 50.04 (6)
12(a) of the statutes first applies to violations that continue to exist on the effective date
13of this subsection.
AB302,14,1614
(3)
Suspension of admissions. The treatment of sections 50.01 (1ng) and 50.04
15(4) (d) 1. a. and b. and (d) 2. of the statutes first applies to written notice of violations
16received on the effective date of this subsection.
AB302,14,1917
(4)
Suspension or revocation of licensure. The treatment of section 50.03 (5)
18(a) and (b) of the statutes first applies to findings made by the department of health
19services on the effective date of this subsection.
AB302,14,2220
(5)
Provisional license. The treatment of section 50.03 (4m) (a) of the statutes
21first applies to inspections made by the department of health services on the effective
22date of this subsection.
AB302,15,3
1(6)
Injunctions. The treatment of section 50.03 (7) (a) of the statutes first
2applies to an action for injunction filed by the department of health services on the
3effective date of this subsection.