50.93(2)(a)(a) A hospice license is valid until suspended or revoked.
50.93(2)(c)
(c) Each license shall be issued only for the applicant named in the application and may not be transferred or assigned.
50.93(2)(d)
(d) Any license granted under special limitations prescribed by the department shall state the limitations.
50.93(3)
(3) Provisional license. If the applicant has not been previously licensed under this subchapter or if the hospice is not in operation at the time that application is made, the department may issue a provisional license. Unless sooner suspended or revoked under
sub. (4), a provisional license shall be valid for 24 months from the date of issuance. Within 30 days prior to the termination of a provisional license, the department shall fully and completely inspect the hospice and, if the hospice meets the applicable requirements for licensure, shall issue a regular license under
sub. (2). If the department finds that the hospice does not meet the requirements for licensure, the department may not issue a regular license under
sub. (2).
50.93(3m)
(3m) Reporting. Every 12 months, on a schedule determined by the department, a licensed hospice shall submit an annual report in the form and containing the information that the department requires, including payment of the fee required under
sub. (1) (c), evidence of current certification as meeting the conditions for medicare participation under
42 USC 1395 to
1395ccc and evidence of current compliance with the hospice requirements of the joint commission for the accreditation of health organizations. If a complete annual report is not timely filed, the department shall issue a warning to the licensee. The department may revoke the license for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.
50.93(4)(a)(a) The department, after notice to the applicant or licensee, may suspend or revoke a license in any case in which the department finds that there has been a substantial failure to comply with the requirements of this subchapter or the rules promulgated under this subchapter. No state or federal funds passing through the state treasury may be paid to a hospice not having a valid license issued under this section.
50.93(4)(b)
(b) Notice under this subsection shall include a clear and concise statement of the violations on which the revocation is based, the statute or rule violated and notice of the opportunity for an evidentiary hearing under
par. (c).
50.93(4)(c)
(c) If a hospice desires to contest the revocation of a license, the hospice shall, within 10 days after receipt of notice under
par. (b), notify the department in writing of its request for a hearing under
s. 227.44.
50.93(4)(d)1.1. Subject to
s. 227.51 (3), revocation shall become effective on the date set by the department in the notice of revocation, or upon final action after hearing under
ch. 227, or after court action if a stay is granted under
ch. 227, whichever is later.
50.93(4)(d)3.
3. The department may extend the effective date of license revocation in any case in order to permit orderly removal and relocation of individuals served by the hospice.
50.95
50.95
Rule-making authority. The department shall promulgate all of the following rules:
50.95(1)
(1) Standards for the care, treatment, health, safety, rights, welfare and comfort of individuals with terminal illness, their families and other individuals who receive palliative care or supportive care from a hospice and the maintenance, general hygiene and operation of a hospice, which will permit the use of advancing knowledge to promote safe and adequate care and treatment for these individuals. These standards shall permit provision of services directly, as required under
42 CFR 418.56, or by contract under which overall coordination of hospice services is maintained by hospice staff members and the hospice retains the responsibility for planning and coordination of hospice services and care on behalf of a hospice client and his or her family, if any.
50.95(2)
(2) Provisional hospice licensure fees or the methods of computation of those fees.
50.95(3)
(3) Inspection or investigation procedures that the department or the department's designated representative may use to assure the provision of care and treatment that is commensurate with the standards established under
sub. (1).
50.95(4)
(4) Criteria for determining financial hardship for the waiver of licensing fees.
50.95(5)
(5) Criteria for determining that the applicant for licensure is fit and qualified.
50.95(6)
(6) A procedure for waiver of and variance from standards under
sub. (1) or criteria under
sub. (5). The department may limit the duration of the waiver or variance.
50.95 History
History: 1989 a. 199;
1997 a. 27.
50.97
50.97
Right of injunction. The department may, upon the advice of the attorney general, who shall represent the department in all proceedings under this section, institute an action in the name of the state in the circuit court for Dane county for injunctive relief or other process against any licensee, owner, operator, administrator or representative of any owner of a hospice for the violation of any of the provisions of this subchapter or rules promulgated under this subchapter if the violation affects the health, safety or welfare of individuals with terminal illness.
50.97 History
History: 1989 a. 199.
50.98(1)(1) Any person who violates this subchapter or rules promulgated under this subchapter may be required to forfeit not more than $100 for the first violation and may be required to forfeit not more than $200 for the 2nd or any later violation within a year. The period shall be measured using the dates of issuance of citations of the violations. Each day of violation constitutes a separate violation.
50.98(2)
(2) In determining whether a forfeiture is to be imposed and in fixing the amount of the forfeiture to be imposed, if any, for a violation, the following factors shall be considered:
50.98(2)(a)
(a) The gravity of the violation, including the probability that death or serious physical or psychological harm to a resident will result or has resulted; the severity of the actual or potential harm; and the extent to which the provisions of the applicable statutes or rules were violated.
50.98(2)(b)
(b) Good faith exercised by the licensee. Indications of good faith include, but are not limited to, awareness of the applicable statutes and regulation and reasonable diligence in complying with such requirements, prior accomplishments manifesting the licensee's desire to comply with the requirements, efforts to correct and any other mitigating factors in favor of the licensee.
50.98(2)(c)
(c) Any previous violations committed by the licensee.
50.98(2)(d)
(d) The financial benefit to the hospice of committing or continuing the violation.
50.98(3)
(3) The department may directly assess forfeitures provided for under
sub. (1). If the department determines that a forfeiture should be assessed for a particular violation or for failure to correct it, it shall send a notice of assessment to the hospice. The notice shall specify the amount of the forfeiture assessed, the violation, and the statute or rule alleged to have been violated, and shall inform the licensee of the right to a hearing under
sub. (4).
50.98(4)
(4) A hospice may contest an assessment of forfeiture, by sending, within 10 days after receipt of notice under
sub. (3), 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.
50.98(5)
(5) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under
sub. (4), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order under the same terms and conditions as found in
s. 50.03 (11). The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.
50.98(6)
(6) The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews. The only issue to be contested in any such action shall be whether the forfeiture has been paid.
50.98 History
History: 1989 a. 199.
50.981
50.981
Fees permitted for a workshop or seminar. If the department develops and provides a workshop or seminar relating to the provision of services by hospices 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.
50.981 History
History: 1997 a. 27
