165.25(6)(a)(a) At the request of the head of any department of state government, the attorney general may appear for and defend any state department, or any state officer, employe or agent of the department in any civil action or other matter brought before a court or an administrative agency which is brought against the state department, or officer, employe or agent for or on account of any act growing out of or committed in the lawful course of an officer's, employe's or agent's duties. Witness fees or other expenses determined by the attorney general to be reasonable and necessary to the defense in the action or proceeding shall be paid as provided for in
s. 885.07. The attorney general may compromise and settle the action as the attorney general determines to be in the best interest of the state. Members, officers and employes of the Wisconsin state agencies building corporation and the Wisconsin state public building corporation are covered by this section. Members of the board of governors created under
s. 619.04 (3), members of a committee or subcommittee of that board of governors, members of the patients compensation fund peer review council created under
s. 655.275 (2) and persons consulting with that council under
s. 655.275 (5) (b) are covered by this section with respect to actions, claims or other matters arising before, on or after April 25, 1990. The attorney general may compromise and settle claims asserted before such actions or matters formally are brought or may delegate such authority to the department of administration. This paragraph may not be construed as a consent to sue the state or any department thereof or as a waiver of state sovereign immunity.
165.25(6)(b)
(b) Volunteer health care providers who provide services under
s. 146.89 are, for the provision of those services, covered by this section and shall be considered agents of the department of health and family services for purposes of determining which agency head may request the attorney general to appear and defend them.
165.25(6)(c)
(c) Physicians under
s. 252.04 (9) (b) are covered by this section and shall be considered agents of the department of health and family services for purposes of determining which agency head may request the attorney general to appear and defend them.
165.25(6)(e)
(e) The department of justice may appear for and defend the state or any state department, agency, official or employe in any civil action arising out of or relating to the assessment or collection of costs concerning environmental cleanup or natural resources damages including actions brought under
42 USC 9607. The action may be compromised and settled in the same manner as provided in
par. (a). At the request of the department of natural resources, the department of justice may provide legal representation to the state or to the department of natural resources in the same matter in which the department of justice provides defense counsel, if the attorneys representing those interests are assigned from different organizational units within the department of justice. This paragraph may not be construed as a consent to sue the state or any department, agency, official or employe of the state or as a waiver of sovereign immunity.
165.25(6m)
(6m) Attorney for state witnesses. At the request of the head of any department or agency of state government, the attorney general may appear for and represent any state official, employe or agent who is required to appear as a witness in any administrative or civil matter.
165.25(7)
(7) Keep record of actions. The department shall keep a record of all actions and demands prosecuted or defended by the department on behalf of the state and all related proceedings. The department may dispose of public records in accordance with
s. 16.61.
165.25(8)
(8) Historical society contracts. In
subs. (1),
(6) and
(6m), treat any nonprofit corporation operating a museum under a lease agreement with the state historical society as a department of state government and any official, employe or agent of such a corporation as a state official, employe or agent.
165.25(8m)
(8m) Local emergency planning committees. In
subs. (1),
(6) and
(6m), treat any local emergency planning committee appointed by a county board under
s. 59.54 (8) (a) as a department of state government and any member of such a committee as a state official, employe or agent.
165.25(9)
(9) Perform other duties. The department of justice shall perform all other duties imposed upon the department by law.
165.25 History
History: 1971 c. 125 s.
522 (1);
1971 c. 215;
1973 c. 333;
1975 c. 81,
199;
1977 c. 29 s.
1656 (27);
1977 c. 187,
260,
273,
344;
1981 c. 20,
62,
96;
1983 a. 27;
1983 a. 36 s.
96 (2), (3), (4);
1983 a. 192;
1985 a. 29,
66;
1987 a. 416;
1989 a. 31,
115,
187,
206,
359;
1991 a. 25,
39,
269;
1993 a. 27,
28,
365;
1995 a. 27 ss.
4453 to
4454m,
9126 (19);
1995 a. 201;
1997 a. 27,
111.
165.25 Annotation
State Emergency Response Board Committee and Local Emergency Planning Committee subcommittee members appointed by a county board are entitled to indemnity for damage liability under s. 895.46 and legal representation by the attorney general under s. 165.25.
81 Atty. Gen. 17.
165.25 Annotation
The powers of the attorney general in Wisconsin. Van Alstyne, Roberts, 1974 WLR 721.
165.255
165.255
Representation in sexually violent person commitment proceedings. The department of justice may, at the request of an agency under
s. 980.02 (1), represent the state in sexually violent person commitment proceedings under
ch. 980.
165.255 History
History: 1993 a. 479.
165.26
165.26
Department of justice may have cases printed. In all state cases to be argued in the supreme court by the department of justice, the department may require the printing by the state printer, when necessary, of the briefs and appendices of the department; and the account therefor shall be paid out of the state treasury and charged to the appropriation in
s. 20.455 (1) (d).
165.26 History
History: 1971 c. 125 s.
522 (1);
1977 c. 29 s.
1656 (27);
1977 c. 187 s.
85; Stats. 1977 s. 165.26.
165.30
165.30
Collection of delinquent obligations. 165.30(1)(b)
(b) "Obligation" includes any amount payable to the state, including accounts, charges, claims, debts, fees, fines, forfeitures, interest, judgments, loans, penalties and taxes.
165.30(2)
(2) Bankruptcy cases. The department of justice shall monitor bankruptcy cases filed in bankruptcy courts in this state and other states, notify departments that may be affected by those bankruptcy cases, and represent the interests of the state in bankruptcy cases and related adversary proceedings.
165.30(3)(a)(a) All obligations collected by the department of justice under this section shall be paid to the state treasurer and deposited in the appropriate fund.
165.30(3)(b)
(b) From the amount of obligations collected by the department of justice under this section, the treasurer shall credit an amount equal to the reasonable and necessary expenses incurred by the department related to collecting those obligations to the appropriation account under
s. 20.455 (1) (gs).
165.30 History
History: 1995 a. 27.
165.40
165.40
Acquisition of hospitals. 165.40(1)(a)
(a) "Acquisition" means the long-term leasing of a hospital or a system of hospitals, or the acquiring by a person of an ownership or controlling interest in a hospital or a system of hospitals that results in one of the following:
165.40(1)(a)2.
2. Possession by the person of at least 50% ownership or control.
165.40(1)(am)
(am) "Department" means the department of health and family services.
165.40(1)(c)
(c) "Local agency" means an agency of a county, city, village or town.
165.40(1)(d)
(d) "Nonprofit corporation" has the meaning given in
s. 181.02 (8) [181.0103 (17)].
165.40 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
165.40(1)(dm)
(dm) "Office" means the office of the commissioner of insurance.
165.40(1)(e)
(e) "Person" means an individual, sole proprietorship, partnership, association, limited liability company, corporation or joint stock company, lessee, trustee or receiver.
165.40(1)(f)
(f) "State agency" has the meaning given in
s. 16.004 (12) (a), except that it includes the University of Wisconsin Hospitals and Clinics Authority.
165.40(2)
(2) Prohibition; approval required. 165.40(2)(a)(a) Except as provided in
sub. (5), no person may engage in the acquisition of a hospital or a system of hospitals owned by any of the following unless the person has first received review and approval of an application concerning the acquisition under this section from the attorney general, the office and the department:
165.40(2)(a)5.
5. The University of Wisconsin Hospitals and Clinics Authority.
165.40(2)(b)
(b) If the proposed acquisition under this subsection is for a system of hospitals, the person who proposes to engage in the acquisition shall provide notice of the impending acquisition to the attorney general, to the office and to the department at least 30 days before the offer to purchase or lease is made. The attorney general shall, within 5 days after receipt of the notice, determine and notify the person as to whether a single application for the system or an application for each hospital within the system shall be submitted for review. If the attorney general determines that an application for each hospital within the system shall be submitted, no submitted application is complete until all complete applications for the hospitals within the system are submitted to the attorney general, to the office and to the department.
165.40(3)
(3) Application review by the attorney general, the office and the department; procedures. 165.40(3)(a)(a) An application for review by the attorney general, the office and the department that is required under
sub. (2) shall, at the time the offer to purchase or lease is made, be submitted to the attorney general, to the office and to the department on a form that is provided by the attorney general. The application shall include all of the following:
165.40(3)(a)2.
2. The name of the purchaser or lessee and, if applicable, other parties to the acquisition.
165.40(3)(a)6.
6. A financial and economic analysis and report by an independent expert or consultant of the effect of the acquisition under the standards specified in
sub. (4).
165.40(3)(b)
(b) An application and all documents related to the application, as specified in
par. (a), are public records for the purposes of
subch. II of ch. 19.
165.40(3)(c)1.1. Within 5 working days after receipt of a completed application under
par. (a), the attorney general shall do all of the following:
165.40(3)(c)1.a.
a. Have notice of the application published as a class 2 notice, under
ch. 985, in a newspaper having general circulation in the community or communities in which the hospital or system of hospitals to be sold or leased is located.
165.40(3)(c)1.b.
b. Notify by 1st class mail any person who has requested that the attorney general provide notice of the filing of hospital acquisition review applications.
165.40(3)(c)2.
2. Notice or a notification under
subd. 1. shall state all of the following:
165.40(3)(c)2.a.
a. That a hospital acquisition review application has been received.
165.40(3)(c)2.c.
c. The contents of the hospital acquisition review application.
165.40(3)(c)2.d.
d. The date by which a person may submit written comments about the hospital acquisition review application to the attorney general.
165.40(3)(c)2.e.
e. That a public meeting will be held on the acquisition proposed by the application, the time and location of the meeting and the fact that any person may file written comments or exhibits for the meeting or may appear and make a statement at the meeting.
165.40(3)(d)
(d) Not later than 30 days after receipt of a completed application under
sub. (2) (a), or as soon as practicable but not more than 120 days after receipt of a completed application under
sub. (2) (b), and after giving 10 working days' notice, the attorney general shall hold a public meeting at a location that, at a minimum, is in the community served by the hospital, on the acquisition proposed by the application. If the proposed acquisition is for a system of hospitals, a public meeting shall be held in each community served by the system. Any person may file written comments or exhibits for the meeting or may appear and make a statement at the meeting.
165.40(3)(e)
(e) The attorney general shall establish and maintain a summary of written and oral comments made for or at the public meeting, including all questions posed, and shall require answers of the appropriate parties. The attorney general shall in an expeditious manner provide the office and the department with a copy of the summary and answers. The summary and answers shall be filed in the office of the attorney general and in the public library of the public library system for the community served by the hospital and a copy shall be available upon request to the attorney general.
165.40(3)(f)
(f) The attorney general may subpoena additional information or witnesses, require and administer oaths, require sworn statements, take depositions and use related discovery procedures for purposes of the meeting under
par. (d) and otherwise during performance of a review under this subsection. The attorney general shall in an expeditious manner provide the office and the department with copies of any information obtained by the attorney general under this paragraph.
165.40(3)(g)
(g) The attorney general shall provide the office and the department with any information about the application that is in addition to that which the attorney general has previously provided the office and the department. Within 60 days after receipt of a completed application under
sub. (2) (a) or as soon as practicable but not more than 150 days after receipt of a completed application under
sub. (2) (b), the attorney general, the office and the department shall each independently review the application in accordance with the standards specified in
sub. (4) and shall approve or disapprove the application. The attorney general, the office and the department may not make a decision under this paragraph based on any condition that is not directly related to the standards under
sub. (4). The attorney general, the office and the department shall jointly agree on a single release date for the decisions each has made under this paragraph and shall release their decisions on that date.
165.40(3)(h)
(h) If the attorney general, the office or the department disapproves an application under
par. (g), any of the following may bring an action in circuit court for a declaratory judgment under
s. 806.04 as to whether the proposed acquisition meets the standards under
sub. (4):
165.40(3)(h)2.
2. Any person who submitted comments under
par. (d) and who has a legal interest in a hospital for which acquisition is proposed or in another hospital that has contracted for the provision of essential health services with the hospital for which acquisition is proposed.
165.40(4)
(4) Application review by the attorney general, the office and the department; standards. The attorney general shall approve an application if he or she finds and the office and the department shall approve an application if the office or the department finds that the following standards are met:
165.40(4)(a)
(a) That the acquisition is permitted under
ch. 181 or any other statute that governs nonprofit entities.
165.40(4)(b)
(b) That the hospital exercised due diligence in deciding to sell or lease, selecting the purchaser or lessee and negotiating the terms and conditions of the sale or lease.
165.40(4)(c)
(c) That the procedure used by the seller or lessor in making its decision to sell or lease was adequate, including whether the seller or lessor used appropriate expert assistance. The attorney general may employ, at the purchaser's or lessee's expense, reasonably necessary expert assistance in considering evidence under this paragraph.
165.40(4)(d)
(d) That conflict of interest was disclosed, including conflicts of interest related to members of the board of directors of, executives of or experts retained by the seller or lessor, the purchaser or lessee or other parties to the acquisition.
165.40(4)(e)
(e) That charitable funds are not placed at unreasonable risk, if the acquisition is a sale that is financed in part by the seller.
165.40(4)(f)
(f) That any management contract under the acquisition is for reasonably fair value.
165.40(4)(g)
(g) That the sale or rental proceeds will be used for appropriate charitable health care purposes, including health promotion, in the community affected by the acquisition and that the proceeds will be controlled as charitable funds independently of the purchaser or parties to the acquisition.
165.40(4)(h)
(h) That, if the hospital is sold, a right of first refusal is retained to repurchase the assets by a successor nonprofit corporation, by the city, county or state or by the University of Wisconsin Hospitals and Clinics Authority if the hospital is subsequently sold to, acquired by or merged with another entity.
165.40(5)
(5) Exemptions. The acquisition, by one of the following, of a hospital or system of hospitals owned by a nonprofit corporation is exempt from the application of this section:
165.40(5)(c)
(c) Another nonprofit corporation, to which all of the following apply:
165.40(5)(c)1.
1. The nonprofit corporation has a charitable health care purpose that is substantially similar to the corporation that owns the hospital or system of hospitals.
165.40(5)(c)2.
2. The nonprofit corporation is an organization described in section
501 (c) (3) of the Internal Revenue Code that is exempt from federal income tax under section
501 (a) of the Internal Revenue Code.
165.40(5)(c)3.
3. The nonprofit corporation maintains on the board of directors of the acquired hospital or system of hospitals representation from the community affected by the acquisition.
