49.45(6m)(d)3.
3. Establish, maintain, and periodically update a patient needs evaluation system to be used in determining the need and level of care at a facility, which shall include the social and rehabilitative needs of the patient, provide levels of care to correspond to the actual staff time required to provide such care, and define the contents of the services to be provided.
49.45(6m)(d)4.
4. Periodically audit all nursing homes and intermediate care facilities receiving funds under this paragraph, and recover payments made where the home is not meeting the conditions under which the payment was made as specified in
par. (c) 1. and
2. Erroneous information provided under
par. (c) 3. shall constitute grounds for recovery.
49.45(6m)(d)5.
5. Beginning October 1, 1989, deny payment to a facility for a patient who is admitted to the facility after the department has provided newspaper notice and notice under
s. 50.03 (2m) (b) that the facility violates
42 USC 1396 to
1396s and before the date, if any, that the department determines that the facility is in substantial compliance with
42 USC 1396 to
1396s.
49.45(6m)(e)
(e) The department shall establish an appeals mechanism within the department to review petitions from facilities providing skilled, intermediate, limited, personal or residential care or providing care for the mentally retarded for modifications to any payment under this subsection. The department may, upon the presentation of facts, modify a payment if demonstrated substantial inequities exist for the period appealed. Upon review of the department's decision the secretary may grant the modifications, which may exceed maximum payment levels allowed under this subsection but may not exceed federal maximum reimbursement levels. The department shall develop specific criteria and standards for granting payment modifications, and shall take into account the following, without limitation because of enumeration, in reviewing petitions for modification:
49.45(6m)(e)1.
1. The efficiency and effectiveness of the facility if compared with facilities providing similar services and if valid cost variations are considered.
49.45(6m)(e)3.
3. The need for additional revenue to correct licensure and certification deficiencies.
49.45(6m)(e)4.
4. The relationship between total revenue and total costs for all patients.
49.45(6m)(e)5.
5. The existence and effectiveness of specialized programs for the chronically mentally ill or developmentally disabled.
49.45(6m)(e)7.
7. Demonstrated experience in providing high quality patient care.
49.45(6m)(g)
(g) Payment under this section to a facility may not include the cost of care reimbursable for persons eligible for medicare benefits under
42 USC 1395 to
1395zz. Medical assistance recipients are not liable for these costs. The department may require that a facility recover these costs from the appropriate agencies. The department may, by rule, require medicare certification under
42 USC 1395 to
1395zz, in whole or in part, of skilled nursing facilities. Any intermediate care facility or skilled nursing facility is subject to a fine of not less than $10 nor more than $100 for each day it refuses to recover costs or refuses to obtain the required certification.
49.45(6m)(h)
(h) The department may require by rule that all claims for payment of services provided facility residents under this subchapter be submitted or countersigned by the respective facility administrator. The department may specify those categories of services for which payment will be made only if the services are rendered or authorized in writing by a primary health care provider designated by the recipient for the particular category of services.
49.45(6m)(i)1.1. On or after October 1, 1981, medical assistance payment for inpatient nursing care may only be provided for persons receiving skilled, intermediate, or limited levels of nursing care as these levels are defined under
s. HFS 132.13, Wis. Adm. Code.
49.45(6m)(i)2.
2. Payment for personal or residential care is available for a person in a facility certified under
42 USC 1396 to
1396p only if the person entered a facility before the date specified in
subd. 1. and has continuously resided in a facility since the date specified in
subd. 1. If the person has a primary diagnosis of developmental disabilities or chronic mental illness, payment for personal or residential care is available only if the person entered a facility on or before November 1, 1983.
49.45(6m)(j)
(j) The department may develop a separate rate of payment, under this subsection, for persons requiring intense skilled nursing care, as defined by the department.
49.45(6m)(k)
(k) Notwithstanding
pars. (ag) to
(b),
(bp) and
(br), the department may participate in a demonstration project on case mix nursing home reimbursement authorized under
42 USC 1315 (a) and may modify the payment system under this section, on an experimental basis, as necessary for participation in the demonstration project.
49.45(6m)(L)
(L) For purposes of
ss. 46.27 (11) (c) 7. and
46.277 (5) (e), the department shall, by July 1 annually, determine the statewide medical assistance daily cost of nursing home care and submit the determination to the department of administration for review. The department of administration shall approve the determination before payment may be made under
s. 46.27 (11) (c) 7. or
46.277 (5) (e).
49.45(6t)
(6t) County department and local health department operating deficit reduction. From the appropriation under
s. 20.435 (4) (o), for reduction of operating deficits, as defined under criteria developed by the department, incurred by a county department under
s. 46.215,
46.22,
46.23, or
51.42 or by a local health department, as defined in
s. 250.01 (4), for services provided under
s. 49.46 (2) (a) 4. d. and
(b) 6. f.,
fm.,
j.,
k.,
L., and
Lm.,
9.,
15., and
18., for case management services under
s. 49.46 (2) (b) 12. and for mental health day treatment services for minors provided under the authorization under
42 USC 1396d (r) (5), the department shall allocate moneys in each fiscal year to these county departments, or local health departments as determined by the department, and shall perform all of the following:
Effective date note
NOTE: Sub. (6t)(intro.) is repealed and recreated eff. 7-1-03 by
2001 Wis. Act 16 to read:
Effective date text
(6t) County department and local health department operating deficit reduction. From the appropriation under s. 20.435 (4) (o), for reduction of operating deficits, as defined under criteria developed by the department, incurred by a county department under s. 46.215, 46.22, 46.23, or 51.42 or by a local health department, as defined in s. 250.01 (4), for services provided under s. 49.46 (2) (a) 4. d. and (b) 6. f., fm., j., k., L., and Lm., 9., and 15., for case management services under s. 49.46 (2) (b) 12. and for mental health day treatment services for minors provided under the authorization under 42 USC 1396d (r) (5), the department shall allocate moneys in each fiscal year to these county departments, or local health departments as determined by the department, and shall perform all of the following:
49.45(6t)(a)
(a) For the reduction of operating deficits incurred by the county departments or local health departments, estimate the availability of federal medicaid funds that may be matched to county, city, town, or village funds that are expended for costs in excess of reimbursement for services provided under
s. 49.46 (2) (a) 4. d. and
(b) 6. f.,
fm.,
j.,
k.,
L., and
Lm.,
9.,
15., and
18., for case management services under
s. 49.46 (2) (b) 12. and for mental health day treatment services for minors provided under the authorization under
42 USC 1396d (r) (5).
Effective date note
NOTE: Par. (a) is repealed and recreated eff. 7-1-03 by
2001 Wis. Act 16 to read:
Effective date text
(a) For the reduction of operating deficits incurred by the county departments or local health departments, estimate the availability of federal medicaid funds that may be matched to county, city, town, or village funds that are expended for costs in excess of reimbursement for services provided under s. 49.46 (2) (a) 4. d. and (b) 6. f., fm., j., k., L., and Lm., 9., and 15., for case management services under s. 49.46 (2) (b) 12. and for mental health day treatment services for minors provided under the authorization under 42 USC 1396d (r) (5).
49.45(6t)(b)
(b) Based on the amount estimated to be available under
par. (a), develop a method, which need not be promulgated as rules under
ch. 227, to distribute this allocation to the individual county departments under
s. 46.215,
46.22,
46.23 or
51.42 or to local health departments that have incurred operating deficits that shall include all of the following:
49.45(6t)(b)1.
1. Development of criteria for determining operating deficits.
49.45(6t)(b)2.
2. Agreement, by the county in which is located a county department that has an operating deficit, or by the county, city, town or village that has established a local health department that has an operating deficit, to provide funds to match federal medicaid funds.
49.45(6t)(b)3.
3. Consideration of the size of a county department's or local health department's operating deficit.
49.45(6t)(c)
(c) Except as provided in
par. (d), distribute the allocation under the distribution method that is developed.
49.45(6t)(d)
(d) If the federal department of health and human services approves for state expenditure in a fiscal year amounts under
s. 20.435 (4) (o) that result in a lesser allocation amount than that allocated under this subsection or disallows use of the allocation of federal medicaid funds under
par. (c), reduce allocations under this subsection and distribute on a prorated basis, as determined by the department.
49.45(6u)
(6u) Supplemental payments to certain facilities and care management organizations. 49.45(6u)(ag)1.
1. "Care management organization" means a care management organization, as defined in
s. 46.2805 (1), that contracts under
s. 46.284 (4) (d) for provision of services with a facility that is established under
s. 49.70 (2) or that is owned and operated by a city, village, or town.
49.45(6u)(am)
(am) Notwithstanding
sub. (6m), in state fiscal years in which less than $1 in federal financial participation relating to facilities is received under
42 CFR 433.51, from the appropriations under
s. 20.435 (4) (o),
(w), and
(wm), for reduction of operating deficits, as defined under the methodology used by the department in December, 2000, incurred by a facility that is established under
s. 49.70 (1) or that is owned and operated by a city, village, or town, the department may not distribute to these facilities more than $37,100,000 in each fiscal year, as determined by the department. The total amount that a county certifies under this subsection may not exceed 100% of otherwise-unreimbursed care. In distributing funds under this subsection, the department shall perform all of the following:
49.45(6u)(am)1.
1. Estimate the availability of federal medical assistance funds that may be matched to county funds or funds of a city, village or town for the reduction of operating deficits incurred by the facility.
49.45(6u)(am)2.
2. Based on the amount estimated available under
subd. 1., develop a method to distribute this allocation to the individual facilities that have incurred operating deficits that shall include:
49.45(6u)(am)2.b.
b. Agreement by the county in which is located the facility established under
s. 49.70 (1) and agreement by the city, village, or town that owns and operates the facility that the applicable county, city, village, or town shall provide funds to match federal medical assistance matching funds under this paragraph.
49.45(6u)(am)2.bm.
bm. Identification by the county in which is located the facility established under
s. 49.70 (1) of all county funds expended in each calendar year to operate the facility, and certification by the county to the department of this amount.
49.45(6u)(am)3.
3. Distribute the allocation under the distribution method that is developed, unless a county has failed to comply with
subd. 2. bm.
49.45(6u)(am)4.
4. If the federal department of health and human services approves for state expenditure in a fiscal year amounts under
s. 20.435 (4) (o) and
(w) that result in a lesser allocation amount than that allocated under this paragraph, allocate not more than the lesser amount so approved by the federal department of health and human services.
49.45(6u)(am)5.
5. If the federal department of health and human services approves for state expenditure in a fiscal year amounts under
s. 20.435 (4) (o) and
(w) that result in a lesser allocation amount than that allocated under this paragraph, submit a revision of the method developed under
subd. 2. for approval by the joint committee on finance in that state fiscal year.
49.45(6u)(am)6.
6. If the federal department of health and human services disallows use of the allocation of matching federal medical assistance funds distributed under
subd. 3., apply the requirements under
sub. (6m) (br).
49.45(6u)(am)7.
7. If a facility that is otherwise eligible for an allocation of funds under this section is found by the federal health care financing administration or the department to be an institution for mental diseases, as defined under
42 CFR 435.1009, cease distributing to that facility funds under this section after the date on which the finding is made.
49.45(6u)(bm)
(bm) In state fiscal years in which $1 or more in federal financial participation relating to facilities is received under
42 CFR 433.51, from the appropriations under
s. 20.435 (4) (o) and
(w), for reduction of operating deficits, as defined under criteria developed by the department, incurred by a facility that is established under
s. 49.70 (1) or that is owned and operated by a city, village, or town, the department may not distribute to these facilities and to care management organizations more than $77,100,000 in each fiscal year, as determined by the department under a methodology as specified in the state plan for services under
42 USC 1396.
49.45(6v)(b)
(b) The department shall, each year, submit to the joint committee on finance a report for the previous fiscal year, except for the 1997-98 fiscal year, that provides information on the utilization of beds by recipients of medical assistance in facilities and a discussion and detailed projection of the likely balances, expenditures, encumbrances and carry over of currently appropriated amounts in the appropriation accounts under
s. 20.435 (4) (b) and
(o).
49.45(6v)(c)
(c) If the report specified in
par. (b) indicates that utilization of beds by recipients of medical assistance in facilities is less than estimates for that utilization reflected in the intentions of the joint committee on finance, legislature and governor, as expressed by them in the budget determinations, the department shall include a proposal to transfer moneys from the appropriation under
s. 20.435 (4) (b) to the appropriation under
s. 20.435 (7) (bd) for the purpose of increasing funding for the community options program under
s. 46.27. The amount proposed for transfer may not reduce the balance in the appropriation account under
s. 20.435 (4) (b) below an amount necessary to ensure that that appropriation account will end the current fiscal year or the current fiscal biennium with a positive balance. The secretary shall transfer the amount identified under the proposal.
49.45(6w)
(6w) Hospital operating deficit reduction. From the appropriation under
s. 20.435 (4) (o), for reduction of operating deficits, as defined under criteria developed by the department, incurred by a hospital, as defined under
s. 50.33 (2) (a) and
(b), that is operated by the state, established under
s. 49.71 or owned and operated by a city or village, the department shall allocate up to $3,300,000 in each fiscal year to these hospitals, as determined by the department, and shall perform all of the following:
49.45(6w)(a)
(a) For the reduction of operating deficits incurred by the hospital, estimate the availability of federal medicaid funds that may be matched to any of the following:
49.45(6w)(a)1.
1. State general purpose revenues, for a hospital operated by the state.
49.45(6w)(a)3.
3. Funds of a city or village, for a hospital owned and operated by a city or village.
49.45(6w)(b)
(b) Based on the amount estimated available under
par. (a), develop a method to distribute this allocation to the individual hospitals that have incurred operating deficits that shall include:
49.45(6w)(b)1.
1. Development of criteria for determining operating deficits.
49.45(6w)(b)2.
2. With respect to funds to match federal medicaid matching funds under this section, any of the following, as applicable:
49.45(6w)(b)2.a.
a. Provision by the state of matching funds from general purpose revenues for a hospital operated by the state.
49.45(6w)(b)2.b.
b. Agreement to provide matching funds by the county in which is located a hospital established under
s. 49.71.
49.45(6w)(b)2.c.
c. Agreement to provide matching funds by the city or village that owns and operates a hospital.
49.45(6w)(b)3.
3. Consideration of the size of a hospital's operating deficit.
49.45(6w)(c)
(c) Except as provided in
par. (d), distribute the allocation under the distribution method that is developed.
49.45(6w)(d)
(d) If the federal department of health and human services approves for state expenditure in a fiscal year amounts under
s. 20.435 (4) (o) that result in a lesser allocation amount than that allocated under this subsection or disallows use of the allocation of federal medicaid funds under
par. (c), reduce allocations under this subsection and distribute on a prorated basis, as determined by the department.
49.45(6x)
(6x) Funding for essential access city hospital. 49.45(6x)(a)(a) Notwithstanding
sub. (3) (e), from the appropriations under
s. 20.435 (4) (b),
(o), and
(w), the department shall distribute not more than $4,748,000 in each fiscal year, to provide funds to an essential access city hospital, except that the department may not allocate funds to an essential access city hospital to the extent that the allocation would exceed any limitation under
42 USC 1396b (i) (3).
49.45(6x)(b)
(b) The department shall develop procedures for solicitation and review of requests for funds and a method to distribute the funds under
par. (a) to an individual hospital that shall include establishment of criteria for the designation as an essential access city hospital.
49.45(6x)(c)
(c) Except as provided in
par. (d), the department shall distribute the funds under
par. (a) under the distribution method that is developed under
par. (b).
49.45(6x)(d)
(d) If the federal department of health and human services approves for state expenditure in any state fiscal year amounts under
s. 20.435 (4) (o) that result in a lesser distribution amount than that distributed under this subsection or disallows use of federal medicaid funds under
par. (a), the department of health and family services shall reduce the distributions under this subsection.
49.45(6x)(e)
(e) The department need not promulgate as rules under
ch. 227 the procedures, method of distribution and criteria required for distribution under this subsection.
49.45(6y)
(6y) Supplemental funding for certain hospitals. 49.45(6y)(a)(a) Notwithstanding
sub. (3) (e), from the appropriations under
s. 20.435 (4) (b),
(o), and
(w), the department shall distribute funding in each fiscal year to provide supplemental payment to hospitals that enter into a contract under
s. 49.02 (2) to provide health care services funded by a relief block grant, as determined by the department, for hospital services that are not in excess of the hospitals' customary charges for the services, as limited under
42 USC 1396b (i) (3). If no relief block grant is awarded under this chapter or if the allocation of funds to such hospitals would exceed any limitation under
42 USC 1396b (i) (3), the department may distribute funds to hospitals that have not entered into a contract under
s. 49.02 (2).
49.45(6y)(am)
(am) Notwithstanding
sub. (3) (e), from the appropriations under
s. 20.435 (4) (b),
(h),
(o), and
(w), the department shall distribute funding in each fiscal year to provide supplemental payments to hospitals that enter into contracts under
s. 49.02 (2) with a county having a population of 500,000 or more to provide health care services funded by a relief block grant, as determined by the department, for hospital services that are not in excess of the hospitals' customary charges for the services, as limited under
42 USC 1396b (i) (3).
49.45(6y)(b)
(b) The department need not promulgate as rules under
ch. 227 the procedures, methods of distribution and criteria required for distribution under
pars. (a) and
(am).
49.45(6z)
(6z) Supplemental funding for certain hospitals serving low-income patients. 49.45(6z)(a)(a) Notwithstanding
sub. (3) (e), from the appropriations under
s. 20.435 (4) (b),
(o), and
(w), the department shall distribute funding in each fiscal year to supplement payment for services to hospitals that enter into a contract under
s. 49.02 (2) to provide health care services funded by a relief block grant under this chapter, if the department determines that the hospitals serve a disproportionate number of low-income patients with special needs. If no medical relief block grant under this chapter is awarded or if the allocation of funds to such hospitals would exceed any limitation under
42 USC 1396b (i) (3), the department may distribute funds to hospitals that have not entered into a contract under
s. 49.02 (2). The department may not distribute funds under this subsection to the extent that the distribution would do any of the following:
49.45(6z)(b)
(b) The department need not promulgate as rules under
ch. 227 the procedures, methods of distribution and criteria required for distribution under
par. (a).
49.45(7)(a)(a) A recipient who is a patient in a public medical institution or an accommodated person and has a monthly income exceeding the payment rates established under
42 USC 1382 (e) may retain $45 unearned income or the amount of any pension paid under
38 USC 3203 (f) [
38 USC 5503 (d)], whichever is greater, per month for personal needs. Except as provided in
s. 49.455 (4) (a), the recipient shall apply income in excess of $45 or the amount of any pension paid under
38 USC 3203 (f) [
38 USC 5503 (d)], whichever is greater, less any amount deducted under rules promulgated by the department, toward the cost of care in the facility.
49.45 Note
NOTE: The bracketed language indicates the correct cross-reference. Corrective legislation is pending.
49.45(7)(b)
(b) Where a facility participating in the medical assistance program has been delegated in writing by a resident within that facility to manage and control the personal funds of the resident including but not limited to those funds identified in
par. (a) the facility shall establish for the resident a personal fund account. All deposits and withdrawals of funds shall be documented by the facility to indicate the amount and date of deposit and amount, date and purpose of withdrawal. Such documentation shall be maintained in the resident's records.
49.45(7)(c)
(c) Upon the removal of a resident from the facility as a result of death or permanent transfer, the facility shall transfer the balance of the resident's trust account to the personal representative of the resident's estate, the legal guardian of the resident or if appropriate to the resident personally. A copy of the trust account records shall be transferred with the funds. No facility or any of its employees or representatives may benefit from the distribution of a deceased resident's personal funds unless they are specifically named in the resident's will or constitute an heir at law.
49.45(7)(d)1.1. The department shall accept from any person a verified complaint concerning any violation of this subsection. The department shall forward to the accused within 10 days a copy of such complaint. The department, upon such investigation as it deems necessary, may dismiss the complaint or may find probable cause to believe that a violation of this subsection has occurred.
49.45(7)(d)2.
2. If the department finds probable cause to believe that a violation of this subsection has occurred, it may assess a forfeiture of not less than $25 nor more than $500 for each occurrence, and in addition may order that any amount illegally charged against a resident's account be restored. The department shall immediately inform the complainant and respondent of any such decision and the amount of forfeiture or repayment, if any. If the department is not notified in writing that a party wishes to contest a decision within 15 working days after the parties are informed of such decision, the department's determination shall be deemed final and may not be appealed to a court.
