50.05(14m)
(14m) Bond upon termination; reappointment. If the court terminates a receivership under
sub. (14) and the department grants a license for the facility to the same applicant under which the facility was licensed immediately prior to appointment of a receiver under
sub. (4) or
(5), the court may require that person to post a bond for a period of not less than 120 days in an amount fixed by the court as security for maintaining compliance with this subchapter and the rules promulgated under this subchapter. If the court, after notice to the parties in the receivership proceeding and after a hearing, finds that the standards for appointment under
sub. (4) are met, the court may reappoint the receiver. If the court reappoints the receiver, the receiver may use the security, if any has been required under this subsection, in addition to funds under
subs. (7),
(8) and
(10), for purposes of payment of the placement of a monitor, if any, and for the receivership.
50.05(15)
(15) Accounting; lien for expenses. 50.05(15)(a)(a) Within 30 days after termination, the receiver shall give the court a complete accounting of all property of which the receiver has taken possession, of all funds collected under this section and of the expenses of the monitor, if any is placed in a nursing home, and the receivership.
50.05(15)(b)
(b) If the operating funds collected by the receiver under
subs. (7) and
(8) exceed the reasonable expenses of the placement of a monitor in a nursing home, if any, and of the receivership, the court shall order payment of the surplus to the operator or controlling person, after reimbursement of funds drawn from the contingency fund under
sub. (10). If the operating funds are insufficient to cover the reasonable expenses of the placement of a monitor in a nursing home, if any, and of the receivership, the operator or controlling person shall be liable for the deficiency. The operator or controlling person may apply to the court to determine the reasonableness of any expense of the placement of a monitor in a nursing home, if any, and of the receivership. The operator or controlling person shall not be responsible for expenses in excess of what the court finds to be reasonable. Payment recovered from the operator or controlling person shall be used to reimburse the contingency fund for amounts drawn by the receiver under
sub. (10).
50.05(15)(c)
(c) The department has a lien for any deficiency under
par. (b) upon any beneficial interest, direct or indirect, of any operator or controlling person in the following property:
50.05(15)(c)3.
3. Any fixtures, equipment or goods used in the operation of the facility.
50.05(15)(c)4.
4. The proceeds from any conveyance of property described in
subd. 1.,
2. or
3., made by the operator or controlling person within one year prior to the filing of the petition for receivership.
50.05(15)(c)5.
5. Any other property or assets of the operator or controlling person if no property or proceeds exist under
subds. 1. to
4.
50.05(15)(d)
(d) The lien provided by this subsection is prior to any lien or other interest which originates subsequent to the filing of a petition for receivership under this section, except for a construction or mechanic's lien arising out of work performed with the express consent of the receiver or a lien under
s. 292.31 (8) (i) or
292.81.
50.05(15)(e)
(e) The clerk of circuit court for the county in which the facility is located shall record the filing of the petition for receivership in the judgment and lien docket kept under
s. 779.07 opposite the names of the operators and controlling persons named in the petition.
50.05(15)(f)
(f) The receiver shall, within 60 days after termination of the receivership, file a notice of any lien created under this subsection. No action on a lien created under this subsection may be brought more than 2 years after the date of filing. If the lien is on real property, the notice shall be filed with the clerk of circuit court of the county in which the facility is located and entered on the judgment and lien docket kept under
s. 779.07. If the lien is on personal property, the lien shall be filed with the department of financial institutions. The department of financial institutions shall place the lien on personal property in the same file as financing statements are filed under
ss. 409.401 and
409.402. The notice shall specify the name of the person against whom the lien is claimed, the name of the receiver, the dates of the petition for receivership and the termination of receivership, a description of the property involved and the amount claimed. No lien shall exist under this section against any person, on any property, or for any amount not specified in the notice filed under this paragraph. To the extent applicable,
ch. 846 controls the foreclosure of liens under this subsection that attach to real property.
50.05(16)
(16) Obligations of owners. Nothing in this section shall be deemed to relieve any owner, operator or controlling person of a facility placed in receivership of any civil or criminal liability incurred, or any duty imposed by law, by reason of acts or omissions of the owner, operator or controlling person prior to the appointment of a receiver under this section, nor shall anything contained in this section be construed to suspend during the receivership any obligation of the owner, operator or controlling person for payment of taxes or other operating and maintenance expenses of the facility nor of the owner, operator or controlling person or any other person for the payment of mortgages or liens. No owner may be held professionally liable for acts or omissions of the receiver or the receiver's employees during the term of the receivership.
50.053
50.053
Case conference. The department may hold a case conference with the parties to any contested action under this subchapter to resolve any or all issues prior to formal hearing. Unless any party to the contested case objects, the department may delay the commencement of the formal hearing in order to hold the case conference.
50.053 History
History: 1977 c. 170;
1999 a. 103.
50.06
50.06
Certain admissions to facilities. 50.06(1)
(1) In this section, "incapacitated" means unable to receive and evaluate information effectively or to communicate decisions to such an extent that the individual lacks the capacity to manage his or her health care decisions, including decisions about his or her post-hospital care.
50.06(2)
(2) An individual under
sub. (3) may consent to admission, directly from a hospital to a facility, of an incapacitated individual who does not have a valid power of attorney for health care and who has not been adjudicated incompetent under
ch. 880, if all of the following apply:
50.06(2)(a)
(a) No person who is listed under
sub. (3) in the same order of priority as, or higher in priority than, the individual who is consenting to the proposed admission disagrees with the proposed admission.
50.06(2)(am)1.1. Except as provided in
subd. 2., no person who is listed under
sub. (3) and who resides with the incapacitated individual disagrees with the proposed admission.
50.06(2)(am)2.
2. Subdivision 1. does not apply if any of the following applies:
50.06(2)(am)2.a.
a. The individual who is consenting to the proposed admission resides with the incapacitated individual.
50.06(2)(am)2.b.
b. The individual who is consenting to the proposed admission is the spouse of the incapacitated person.
50.06(2)(b)
(b) The individual for whom admission is sought is not diagnosed as developmentally disabled or as having a mental illness at the time of the proposed admission.
50.06(2)(c)
(c) A petition for guardianship for the individual under
s. 880.07 and a petition for protective placement of the individual under
s. 55.06 (2) are filed prior to the proposed admission.
50.06(3)
(3) The following individuals, in the following order of priority, may consent to an admission under
sub. (2):
50.06(3)(a)
(a) The spouse of the incapacitated individual.
50.06(3)(b)
(b) An adult son or daughter of the incapacitated individual.
50.06(3)(c)
(c) A parent of the incapacitated individual.
50.06(3)(d)
(d) An adult brother or sister of the incapacitated individual.
50.06(3)(e)
(e) A grandparent of the incapacitated individual.
50.06(3)(f)
(f) An adult grandchild of the incapacitated individual.
50.06(3)(g)
(g) An adult close friend of the incapacitated individual.
50.06(4)
(4) A determination that an individual is incapacitated for purposes of
sub. (2) shall be made by 2 physicians, as defined in
s. 448.01 (5), or by one physician and one licensed psychologist, as defined in
s. 455.01 (4), who personally examine the individual and sign a statement specifying that the individual is incapacitated. Mere old age, eccentricity or physical disability, either singly or together, are insufficient to make a finding that an individual is incapacitated. Neither of the individuals who make a finding that an individual is incapacitated may be a relative, as defined in
s. 242.01 (11), of the individual or have knowledge that he or she is entitled to or has a claim on any portion of the individual's estate. A copy of the statement shall be included in the individual's records in the facility to which he or she is admitted.
50.06(5)(a)(a) Except as provided in
par. (b), an individual who consents to an admission under this section may, for the incapacitated individual, make health care decisions to the same extent as a guardian of the person may and authorize expenditures related to health care to the same extent as a guardian of the estate may, until the earliest of the following:
50.06(5)(a)1.
1. Sixty days after the admission to the facility of the incapacitated individual.
50.06(5)(a)2.
2. Discharge of the incapacitated individual from the facility.
50.06(5)(a)3.
3. Appointment of a guardian for the incapacitated individual.
50.06(5)(b)
(b) An individual who consents to an admission under this section may not authorize expenditures related to health care if the incapacitated individual has an agent under a durable power of attorney, as defined in
s. 243.07 (1) (a), who may authorize expenditures related to health care.
50.06(6)
(6) If the incapacitated individual is in the facility after 60 days after admission and a guardian has not been appointed, the authority of the person who consented to the admission to make decisions and, if
sub. (5) (a) applies, to authorize expenditures is extended for 30 days for the purpose of allowing the facility to initiate discharge planning for the incapacitated individual.
50.06(7)
(7) An individual who consents to an admission under this section may request that an assessment be conducted for the incapacitated individual under the long-term support community options program under
s. 46.27 (6) or, if the secretary has certified under
s. 46.281 (3) that a resource center is available for the individual, a functional and financial screen to determine eligibility for the family care benefit under
s. 46.286 (1). If admission is sought on behalf of the incapacitated individual or if the incapacitated individual is about to be admitted on a private pay basis, the individual who consents to the admission may waive the requirement for a financial screen under
s. 46.283 (4) (g), unless the incapacitated individual is expected to become eligible for medical assistance within 6 months.
50.06 History
History: 1993 a. 187;
1999 a. 9.
50.065
50.065
Criminal history and patient abuse record search. 50.065(1)(ag)1.a.
a. A person who is, or is expected to be, an employee or contractor of an entity, who is or is expected to be under the control of an entity, as defined by the department by rule, and who has, or is expected to have, regular, direct contact with clients of the entity.
50.065(1)(ag)1.b.
b. A person who has, or is seeking, a license, certification, registration, or certificate of approval issued or granted by the department to operate an entity.
50.065(1)(ag)1.c.
c. A person who is, or is expected to be, an employee of the board on aging and long-term care and who has, or is expected to have, regular, direct contact with clients.
50.065(1)(ag)2.
2. "Caregiver" does not include a person who is certified as an emergency medical technician under
s. 146.50 if the person is employed, or seeking employment, as an emergency medical technician and does not include a person who is certified as a first responder under
s. 146.50 if the person is employed, or seeking employment, as a first responder.
50.065(1)(am)
(am) "Certificate of approval" means a certificate of approval issued under
s. 50.35.
50.065(1)(b)
(b) "Client" means a person who receives direct care or treatment services from an entity.
50.065(1)(bm)
(bm) "Contractor" means, with respect to an entity, a person, or that person's agent, who provides services to the entity under an express or implied contract or subcontract, including a person who has staff privileges at the entity.
50.065(1)(br)
(br) "Direct contact" means face-to-face physical proximity to a client that affords the opportunity to commit abuse or neglect of a client or to misappropriate the property of a client.
50.065(1)(c)
(c) "Entity" means a facility, organization or service that is licensed or certified by or registered with the department to provide direct care or treatment services to clients. "Entity" includes a hospital, a personal care worker agency, a supportive home care service agency, a temporary employment agency that provides caregivers to another entity and the board on aging and long-term care. "Entity" does not include any of the following:
50.065(1)(c)3.
3. A person certified as a medical assistance provider, as defined in
s. 49.43 (10), who is not otherwise approved under
s. 50.065 (1) (cm), licensed or certified by or registered with the department.
50.065(1)(cn)
(cn) "Nonclient resident" means a person who resides, or is expected to reside, at an entity, who is not a client of the entity and who has, or is expected to have, regular, direct contact with clients of the entity.
50.065(1)(d)
(d) "Personal care worker agency" has the meaning specified by the department by rule.
50.065(1)(dm)
(dm) "Reservation" means land in this state within the boundaries of a reservation of a tribe or within the bureau of Indian affairs service area for the Ho-Chunk Nation.
50.065(1)(e)1.1. "Serious crime" means a violation of
s. 940.01,
940.02,
940.03,
940.05,
940.12,
940.19 (2),
(3),
(4),
(5) or
(6),
940.22 (2) or
(3),
940.225 (1),
(2) or
(3),
940.285 (2),
940.29,
940.295,
948.02 (1),
948.025 or
948.03 (2) (a), or a violation of the law of any other state or United States jurisdiction that would be a violation of
s. 940.01,
940.02,
940.03,
940.05,
940.12,
940.19 (2),
(3),
(4),
(5) or
(6),
940.22 (2) or
(3),
940.225 (1),
(2) or
(3),
940.285 (2),
940.29,
940.295,
948.02 (1),
948.025 or
948.03 (2) (a) if committed in this state.
50.065(1)(e)2.
2. For the purposes of an entity that serves persons under the age of 18, "serious crime" includes a violation of
s. 948.02 (2),
948.03 (2) (b) or
(c),
948.05,
948.055,
948.06,
948.07,
948.08,
948.11 (2) (a) or
(am),
948.12,
948.13,
948.21 (1) or
948.30 or a violation of the law of any other state or United States jurisdiction that would be a violation of
s. 948.02 (2),
948.03 (2) (b) or
(c),
948.05,
948.055,
948.06,
948.07,
948.08,
948.11 (2) (a) or
(am),
948.12,
948.13,
948.21 (1) or
948.30 if committed in this state.
50.065(1)(f)
(f) "Supportive home care service agency" has the meaning specified by the department by rule.
50.065(1)(g)
(g) "Tribe" means a federally recognized American Indian tribe or band in this state.
50.065(2)(am)(am) The department shall obtain all of the following with respect to a person specified under
sub. (1) (ag) 1. b. and a person who is a nonclient resident or prospective nonclient resident of an entity:
50.065(2)(am)1.
1. A criminal history search from the records maintained by the department of justice.
50.065(2)(am)3.
3. Information maintained by the department of regulation and licensing regarding the status of the person's credentials, if applicable.
50.065(2)(am)4.
4. Information maintained by the department regarding any substantiated reports of child abuse or neglect against the person.
50.065(2)(am)5.
5. Information maintained by the department under this section regarding any denial to the person of a license, certification, certificate of approval or registration or of a continuation of a license, certification, certificate of approval or registration to operate an entity for a reason specified in
sub. (4m) (a) 1. to
5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in
sub. (4m) (b) 1. to
5. If the information obtained under this subdivision indicates that the person has been denied a license, certification, certificate of approval or registration, continuation of a license, certification, certificate of approval or registration, a contract, employment or permission to reside as described in this subdivision, the department need not obtain the information specified in
subds. 1. to
4.
50.065(2)(b)
(b) Every entity shall obtain all of the following with respect to a caregiver of the entity:
50.065(2)(b)1.
1. A criminal history search from the records maintained by the department of justice.
50.065(2)(b)2.
2. Information that is contained in the registry under
s. 146.40 (4g) regarding any findings against the person.
50.065(2)(b)3.
3. Information maintained by the department of regulation and licensing regarding the status of the person's credentials, if applicable.
50.065(2)(b)4.
4. Information maintained by the department regarding any substantiated reports of child abuse or neglect against the person.
50.065(2)(b)5.
5. Information maintained by the department under this section regarding any denial to the person of a license, certification, certificate of approval or registration or of a continuation of a license, certification, certificate of approval or registration to operate an entity for a reason specified in
sub. (4m) (a) 1. to
5. and regarding any denial to the person of employment at, a contract with or permission to reside at an entity for a reason specified in
sub. (4m) (b) 1. to
5. If the information obtained under this subdivision indicates that the person has been denied a license, certification, certificate of approval or registration, continuation of a license, certification, certificate of approval or registration, a contract, employment or permission to reside as described in this subdivision, the entity need not obtain the information specified in
subds. 1. to
4.
50.065(2)(bb)
(bb) If information obtained under
par. (am) or
(b) indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department or entity shall make every reasonable effort to contact the clerk of courts to determine the final disposition of the charge. If a background information form under
sub. (6) (a) or
(am) indicates a charge or a conviction of a serious crime, but information obtained under
par. (am) or
(b) does not indicate such a charge or conviction, the department or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and the final disposition of the complaint. If information obtained under
par. (am) or
(b), a background information form under
sub. (6) (a) or
(am) or any other information indicates a conviction of a violation of
s. 940.19 (1),
940.195,
940.20,
941.30,
942.08,
947.01 or
947.013 obtained not more than 5 years before the date on which that information was obtained, the department or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.
50.065(2)(bd)
(bd) Notwithstanding
pars. (am) and
(b) 1., the department is not required to obtain the information specified in
par. (am) 1. to
5., and an entity is not required to obtain the information specified in
par. (b) 1. to
5., with respect to a person under 18 years of age whose background information form under
sub. (6) (am) indicates that the person is not ineligible to be employed, contracted with or permitted to reside at an entity for a reason specified in
sub. (4m) (b) 1. to
5. and with respect to whom the department or entity otherwise has no reason to believe that the person is ineligible to be employed, contracted with or permitted to reside at an entity for any of those reasons. This paragraph does not preclude the department from obtaining, at its discretion, the information specified in
par. (am) 1. to
5. with respect to a person described in this paragraph who is a nonclient resident or a prospective nonclient resident of an entity.
50.065(2)(bg)
(bg) If an entity hires or contracts with a caregiver for whom, within the last 4 years, the information required under
par. (b) 1. to
3. and
5. has already been obtained by another entity, the entity may obtain that information from that other entity, which shall provide the information, if possible, to the requesting entity. If an entity cannot obtain the information required under
par. (b) 1. to
3. and
5. from another entity or if an entity has reasonable grounds to believe that any information obtained from another entity is no longer accurate, the entity shall obtain that information from the sources specified in
par. (b) 1. to
3. and
5.
