50.10
50.10
Private cause of action. 50.10(1)
(1) Any person residing in a nursing home has an independent cause of action to correct conditions in the nursing home or acts or omissions by the nursing home or by the department, that:
50.10(1)(a)
(a) The person alleges violate this subchapter or rules promulgated under this subchapter; and
50.10(1)(b)
(b) The person alleges are foreseeably related to impairing the person's health, safety, personal care, rights or welfare.
50.10(2)
(2) Actions under this section are for mandamus against the department or for injunctive relief against either the nursing home or the department.
50.10 History
History: 1981 c. 121,
391.
50.10 Annotation
Wisconsin's private cause of action for nursing home residents. Bertrand. Wis. Law. Sep. 1989.
50.10 Annotation
Protecting the Rights of Nursing Home Residents. Spitzer-Resnick. Wis. Law. May 1993.
50.11
50.11
Cumulative remedies. The remedies provided by this subchapter are cumulative and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of any party, and no judgment under this subchapter shall preclude any party from obtaining additional relief based upon the same facts.
50.11 History
History: 1977 c. 170.
50.12
50.12
Waiver of federal requirements. The department shall petition the secretary of the U.S. department of health and human services for a waiver of the requirement that it conduct annual medical assistance surveys of nursing homes, for a waiver of the requirement that it conduct annual independent medical reviews and independent professional reviews, to allow the department under
42 USC 1396a (a) (26) and (31) to conduct biennial surveys and reviews and for any waivers necessary to implement the special requirements promulgated under
s. 50.02 (3) (d).
50.12 History
History: 1981 c. 121;
1985 a. 29.
50.13
50.13
Fees permitted for a workshop or seminar. If the department develops and provides a workshop or seminar relating to the provision of service by facilities, adult family homes or residential care apartment complexes under this subchapter, the department may establish a fee for each workshop or seminar and impose the fee on registrants for the workshop or seminar. A fee so established and imposed shall be in an amount sufficient to reimburse the department for the costs directly associated with developing and providing the workshop or seminar.
50.13 History
History: 1985 a. 120;
1997 a. 27.
50.135
50.135
Licensing and approval fees for inpatient health care facilities. 50.135(1)
(1)
Definition. In this section, "inpatient health care facility" means any hospital, nursing home, county home, county mental hospital, tuberculosis sanatorium or other place licensed or approved by the department under
ss. 49.70,
49.71,
49.72,
50.02,
50.03,
50.35,
51.08,
51.09,
58.06,
252.073 and
252.076, but does not include community-based residential facilities.
50.135(2)(a)(a) The annual fee for any inpatient health care facility except a nursing home is $18 per bed, based on the number of beds for which the facility is licensed. The annual fee for any nursing home is $6 per bed, based on the number of beds for which the nursing home is licensed. This fee shall be paid to the department on or before October 1 for the ensuing year. Each new inpatient health care facility shall pay this fee no later than 30 days before it opens.
50.135(2)(b)
(b) Any inpatient health care facility that fails to pay its fee on or before the date specified in
par. (a) shall pay an additional fee of $10 per day for every day after the deadline.
50.135(2)(c)
(c) The fees collected under
par. (a) shall be credited to the appropriations under
s. 20.435 (1) (gm) and
(6) (jm) as specified in those appropriations for licensing, review and certifying activities.
50.14
50.14
Assessments on occupied, licensed beds. 50.14(1)(a)
(a) Notwithstanding
s. 50.01 (1m), "facility" means a nursing home or an intermediate care facility for the mentally retarded, which is not state-owned or state-operated, federally owned or federally operated or located outside the state.
50.14(1)(b)
(b) "Intermediate care facility for the mentally retarded" has the meaning given under
42 USC 1396d (c) and (d).
50.14(2)
(2) For the privilege of doing business in this state, there is imposed on all occupied, licensed beds of a facility, except occupied, licensed beds for which payment is made under
42 USC 1395 to
1395ccc, an assessment that shall be deposited in the general fund and that is $100 per calendar month per occupied, licensed bed of an intermediate care facility for the mentally retarded and is $32 per calendar month per occupied, licensed bed of a nursing home. The assessment shall be on the average number of occupied, licensed beds of a facility for the calendar month previous to the month of assessment, based on an average daily midnight census computed and reported by the facility and verified by the department. Charged bed-hold days for any resident of a facility shall be included as one full day in the average daily midnight census. In determining the number of occupied, licensed beds, if the amount of the beds is other than a whole number the fractional part of the amount shall be disregarded unless it equals 50% or more of a whole number, in which case the amount shall be increased to the next whole number.
50.14(3)
(3) By the end of each month, each facility shall submit to the department the facility's occupied licensed bed count and the amount due under
sub. (2) for each occupied licensed bed of the facility for the month preceding the month during which the bed count and payment are being submitted. The department shall verify the bed count and, if necessary, make adjustments to the payment, notify the facility of changes in the bed count or payment and send the facility an invoice for the additional amount due or send the facility a refund.
50.14(5)(a)(a) The department shall levy, enforce and collect the assessment under this section and shall develop and distribute forms necessary for levying and collection.
50.14(5)(b)
(b) The department shall promulgate rules that establish procedures and requirements for levying the assessment under this section.
50.14(6)(a)(a) An affected facility may contest an action by the department under this section by submitting a written request for a hearing to the department within 30 days after the date of the department's action.
50.14(6)(b)
(b) Any order or determination made by the department under a hearing as specified in
par. (a) is subject to judicial review as prescribed under
ch. 227.
HOSPITALS
50.32
50.32
Hospital regulation and approval act. Sections 50.32 to
50.39 shall constitute the "Hospital Regulation and Approval Act".
50.32 History
History: 1975 c. 413 ss.
4,
18; Stats. 1975 s. 50.32.
50.33(1g)
(1g) "Critical access hospital" means a hospital that is designated by the department as meeting the requirements of
42 USC 1395i-4 (c) (2) (B) and is federally certified as meeting the requirements of
42 USC 1395i-4 (e).
50.33(1r)
(1r) "Governmental unit" means the state, any county, town, city, village, or other political subdivision or any combination thereof, department, division, board or other agency of any of the foregoing.
50.33(2)(a)(a) "Hospital" means any building, structure, institution or place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment of and medical or surgical care for 3 or more nonrelated individuals hereinafter designated patients, suffering from illness, disease, injury or disability, whether physical or mental, and including pregnancy and regularly making available at least clinical laboratory services, and diagnostic X-ray services and treatment facilities for surgery, or obstetrical care, or other definitive medical treatment.
50.33(2)(b)
(b) "Hospital" may include, but not in limitation thereof by enumeration, related facilities such as outpatient facilities, nurses', interns' and residents' quarters, training facilities and central service facilities operated in connection with hospitals.
50.33(2)(c)
(c) "Hospital" includes "special hospitals" or those hospital facilities that provide a limited type of medical or surgical care, including orthopedic hospitals, children's hospitals, critical access hospitals, mental hospitals, psychiatric hospitals or maternity hospitals.
50.33 History
History: 1975 c. 413 ss.
4,
18; Stats. 1975 s. 50.33;
1977 c. 83 s.
26 (4);
1979 c. 175;
1983 a. 189;
1997 a. 237.
50.34
50.34
Purpose. The purpose of
ss. 50.32 to
50.39 is to provide for the development, establishment and enforcement of rules and standards for the construction, maintenance and operation of hospitals which, in the light of advancing knowledge, will promote safe and adequate care and treatment of patients in such hospitals.
50.34 History
History: 1975 c. 413 ss.
4,
18; Stats. 1975 s. 50.34.
50.35
50.35
Application and approval. Application for approval to maintain a hospital shall be made to the department on forms provided by the department. On receipt of an application, the department shall, except as provided in
s. 50.498, issue a certificate of approval if the applicant and hospital facilities meet the requirements established by the department. Except as provided in
s. 50.498, this approval shall be in effect until, for just cause and in the manner herein prescribed, it is suspended or revoked. The certificate of approval may be issued only for the premises and persons or governmental unit named in the application and is not transferable or assignable. The department shall withhold, suspend or revoke approval for a failure to comply with
s. 165.40 (6) (a) 1. or
2., but, except as provided in
s. 50.498, otherwise may not withhold, suspend or revoke approval unless for a substantial failure to comply with
ss. 50.32 to
50.39 or the rules and standards adopted by the department after giving a reasonable notice, a fair hearing and a reasonable opportunity to comply. Failure by a hospital to comply with
s. 50.36 (3m) shall be considered to be a substantial failure to comply under this section.
50.35 History
History: 1975 c. 413 ss.
4,
18; Stats. 1975 s. 50.35;
1989 a. 37;
1997 a. 93,
237.
50.355
50.355
Reporting. Every 12 months, on a schedule determined by the department, an approved hospital shall submit an annual report in the form and containing the information that the department requires, including payment of the fee required under
s. 50.135 (2) (a). If a complete annual report is not timely filed, the department shall issue a warning to the holder of the certificate for approval. The department may revoke approval for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.
50.355 History
History: 1997 a. 27.
50.36
50.36
Rules and standards. 50.36(1)
(1) The department shall promulgate, adopt, amend and enforce such rules and standards for hospitals for the construction, maintenance and operation of the hospitals deemed necessary to provide safe and adequate care and treatment of the patients in the hospitals and to protect the health and safety of the patients and employes; and nothing contained herein shall pertain to a person licensed to practice medicine and surgery or dentistry. The building codes and construction standards of the department of commerce shall apply to all hospitals and the department may adopt additional construction codes and standards for hospitals, provided they are not lower than the requirements of the department of commerce. Except for the construction codes and standards of the department of commerce and except as provided in
s. 50.39 (3), the department shall be the sole agency to adopt and enforce rules and standards pertaining to hospitals.
50.36(2)(a)(a) The department shall conduct plan reviews of all capital construction and remodeling projects of hospitals to ensure that the plans comply with building code requirements under
ch. 101 and with physical plant requirements under this chapter or under rules promulgated under this chapter.
50.36(2)(b)
(b) The department shall promulgate rules that establish a fee schedule for its services in conducting the plan reviews under
par. (a). The schedule established under these rules shall set fees for hospital plan reviews in amounts that are less than the sum of the amounts required on September 30, 1995, for fees under this subsection and for fees for examination of hospital plans under s.
101.19 (1) (a), 1993 stats.
50.36(3)(a)(a) Any person licensed to practice medicine and surgery under
subch. II of ch. 448 or podiatry under
subch. IV of ch. 448 shall be afforded an equal opportunity to obtain hospital staff privileges and may not be denied hospital staff privileges solely for the reason that the person is an osteopathic physician and surgeon or a podiatrist. Each individual hospital shall retain the right to determine whether the applicant's training, experience and demonstrated competence is sufficient to justify the granting of hospital staff privileges or is sufficient to justify the granting of limited hospital staff privileges.
50.36(3)(b)
(b) If, as a result of peer investigation or written notice thereof, a hospital staff member who is licensed by the medical examining board or podiatrists affiliated credentialing board, for any reasons that include the quality of or ability to practice, loses his or her hospital staff privileges, has his or her hospital staff privileges reduced or resigns from the hospital staff, the hospital shall so notify the medical examining board or podiatrists affiliated credentialing board, whichever is applicable, within 30 days after the loss, reduction or resignation takes effect. Temporary suspension due to incomplete records need not be reported.
50.36(3)(c)
(c) If, as a result of peer investigation or written notice thereof, a hospital staff member who is licensed by the medical examining board or podiatrists affiliated credentialing board, for reasons that do not include the quality of or ability to practice, loses his or her hospital staff privileges for 30 days or more, has his or her hospital staff privileges reduced for 30 days or more or resigns from the hospital staff for 30 days or more, the hospital shall so notify the medical examining board or podiatrists affiliated credentialing board, whichever is applicable, within 30 days after the loss, reduction or resignation takes effect. Temporary suspension due to incomplete records need not be reported.
50.36(3g)(b)
(b) A hospital that admits patients for treatment of mental illness may grant to a psychologist who is listed or eligible to be listed in the national register of health services providers in psychology or who is certified by the American board of professional psychology an opportunity to obtain hospital staff privileges to admit, treat and discharge patients. Each hospital may determine whether the applicant's training, experience and demonstrated competence are sufficient to justify the granting of hospital staff privileges or of limited hospital staff privileges.
50.36(3g)(c)
(c) If a hospital grants a psychologist hospital staff privileges or limited hospital staff privileges under
par. (b), the psychologist or the hospital shall, prior to or at the time of hospital admission of a patient, identify an appropriate physician with admitting privileges at the hospital who shall be responsible for the medical evaluation and medical management of the patient for the duration of his or her hospitalization.
50.36(3m)
(3m) The department shall require a hospital that is accredited as a hospital by a private accrediting organization to submit to the department a copy of the summary accreditation recommendation and may require the hospital to submit to the department copies of all correspondence sent or received on or after August 30, 1989, including survey results, between the hospital and the accrediting organization. Accreditation letters, reports and related correspondence submitted to the department, except those submitted by a county mental health complex under
s. 51.08, under this subsection are not subject to inspection, copying or receipt under
s. 19.35 (1) and may not be released by the department.
50.36(4)
(4) The department shall make or cause to be made such inspections and investigation, as are reasonably deemed necessary to obtain compliance with the rules and standards. It shall afford an opportunity for representatives of the hospitals to consult with members of the staff of the department concerning compliance and noncompliance with rules and standards.
50.36 Annotation
A hospital owes a duty to its patients to exercise reasonable care in the selection of medical staff and in granting special privileges. Johnson v. Misericordia Community Hosp. 99 W (2d) 708, 301 NW (2d) 156 (1981).
50.37
50.37
Notification to accrediting organization. The department shall notify a private accrediting organization that has accredited a hospital and the board of governors of the patients compensation fund under
s. 619.04 (3) if the department has done any of the following:
50.37(1)
(1) Suspended or revoked the hospital's approval under
s. 50.35.
50.37(2)
(2) Issued an order to the hospital.
50.37(4)
(4) Recommended to the federal health care financing administration that the hospital be decertified from the federal medicare program under
42 USC 1395 to
1395ccc or the federal medicaid program under
42 USC 1396 to
1396r-3 for failure to meet a condition of participation under the program.
50.37 History
History: 1989 a. 37.
50.39
50.39
Exemptions and enforcement. 50.39(1)
(1)
Sections 50.32 to
50.39 and the rules promulgated pertaining thereto shall apply to all facilities coming under the definition of a "hospital" which are not specifically exempt by
ss. 50.32 to
50.39.
50.39(2)
(2) The use of the title "hospital" to represent or identify any facility which does not meet the definition of a "hospital" as provided herein or is not subject to approval under
ss. 50.32 to
50.39 is prohibited, except that institutions governed by
ss. 51.09 and
252.073 are exempt.
50.39(3)
(3) Facilities governed by
ss. 45.365,
48.62,
49.70,
49.72,
50.02,
51.09,
58.06,
252.073,
252.076 and
252.10, secured correctional facilities as defined in
s. 938.02 (15m), correctional institutions governed by the department of corrections under
s. 301.02 and the offices and clinics of persons licensed to treat the sick under
chs. 446,
447 and
448 are exempt from
ss. 50.32 to
50.39.
Sections 50.32 to
50.39 do not abridge the rights of the medical examining board, physical therapists affiliated credentialing board, podiatrists affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board and board of nursing in carrying out their statutory duties and responsibilities.
50.39(4)
(4) All orders issued by the department pursuant to
ss. 50.32 to
50.39 shall be enforced by the attorney general. The circuit court of Dane county shall have jurisdiction to enforce such orders by injunctional and other appropriate relief.
50.39(5)(a)(a) The department may, in the event of an emergency condition that imminently threatens the health or safety of patients of a hospital, suspend new admissions to all or a part of the hospital until such time as the department decides that the hospital has removed or corrected the causes or deficiencies creating the emergency.
50.39(5)(b)
(b) Immediately upon the suspension of new admissions under
par. (a), the department shall notify the hospital in writing. Notice of the suspension shall include a clear and concise statement of the causes or deficiencies creating the emergency condition on which the suspension is based and notice of the opportunity for a hearing on the suspension or on recision of the suspension under
s. 227.44. If the hospital desires to contest the suspension, it shall provide written notice to the department of a request for a hearing within 10 days after receipt of the notice of suspension. If the hospital desires to contest failure by the department to rescind the suspension, it shall provide written notice to the department of a request for a hearing.
50.39(6)
(6) In addition to any other remedies provided by law, any person suffering a pecuniary loss because of a violation of
s. 50.36 (3) (a) may bring a civil action in any court of competent jurisdiction to recover the amount of the pecuniary loss, together with costs and disbursements, including reasonable attorney fees.
