50.035(4n)(b)
(b) The person is entering the community-based residential facility only for respite care.
50.035(4n)(c)
(c) The person is an enrollee of a care management organization.
50.035(4n)(d)
(d) For a person who seeks admission or is about to be admitted on a private pay basis and who waives the requirement for a financial screen under
s. 46.283 (4) (g), the referral under this subsection may not include performance of a financial screen under
s. 46.283 (4) (g), unless the person is expected to become eligible for medical assistance within 6 months.
50.035(4p)
(4p) Applicability. Subsections (4m) and
(4n) apply only if the secretary has certified under
s. 46.281 (3) that a resource center is available for the community-based residential facility and for specified groups of eligible individuals that include those persons seeking admission to or the residents of the community-based residential facility.
50.035(5)(a)1.b.
b. A device or garment that interferes with an individual's freedom of movement and that the individual is unable to remove easily.
50.035(5)(a)1.c.
c. Restraint by a facility staff member of a resident by use of physical force.
50.035(5)(a)2.
2. "Psychotropic medication" means an antipsychotic, antidepressant, lithium carbonate or a tranquilizer.
50.035(5)(b)
(b) No later than 24 hours after the death of a resident of a community-based residential facility, the community-based residential facility shall report the death to the department if one of the following applies:
50.035(5)(b)1.
1. There is reasonable cause to believe that the death was related to the use of physical restraint or a psychotropic medication.
50.035(5)(b)3.
3. There is reasonable cause to believe that the death was a suicide.
50.035(6)
(6) Posting of notice required. The licensee of a community-based residential facility, or his or her designee, shall post in a conspicuous location in the community-based residential facility a notice, provided by the board on aging and long-term care, of the name, address and telephone number of the long-term care ombudsman program under
s. 16.009 (2) (b).
50.035(7)
(7) Statement of financial condition required. 50.035(7)(a)(a) No community-based residential facility may initially admit as a resident an individual who applies for admission to the facility and who intends to pay for residence in the facility from private funds, unless the individual provides certain financial information to the community-based residential facility. From this information, the community-based residential facility shall prepare and provide to the individual a statement of financial condition to which all of the following apply:
50.035(7)(a)2.
2. The statement estimates a date, if any, by which the individual's assets and other private funding sources would be depleted if the individual resides continuously in the community-based residential facility.
50.035(7)(a)3.
3. The statement indicates that public funding may not be available when the individual's assets and other private funding sources, if any, are depleted and specifies options that may be available to the individual at that time.
50.035(7)(b)
(b) The individual shall waive his or her right to confidentiality for the information provided under
par. (a), to the administrator of the community-based residential facility, to the preparer of the statement of financial condition and, if
par. (c) applies, to the county department under
s. 46.215 or
46.22.
50.035(7)(c)
(c) If the date estimated under
par. (a) 2. is less than 24 months after the date of the individual's statement of financial condition, the community-based residential facility shall provide the statement to the county department under
s. 46.215 or
46.22 and shall refer the potential resident to the county department to determine whether an assessment under
s. 46.27 (6) should be conducted.
50.035(9)
(9) Notification to prospective residents of assessment requirement. Every community-based residential facility shall inform all prospective residents of the assessment requirements under
ss. 46.27 (7) (cj) 3. and
(11) (c) 5n. and
46.277 (5) (d) 1n. for the receipt of funds under those sections.
50.035(10)(a)(a) Notwithstanding the limitations on the type of care that may be required by and provided to residents under
s. 50.01 (1g) (intro.), the following care may be provided in a community-based residential facility under the following circumstances:
50.035(10)(a)1.
1. Subject to
par. (b), a community-based residential facility may provide more than 3 hours of nursing care per week or care above intermediate level nursing care for not more than 30 days to a resident who does not have a terminal illness but who has a temporary condition that requires the care, if all of the following conditions apply:
50.035(10)(a)1.b.
b. The services necessary to treat the resident's condition are available in the community-based residential facility.
50.035(10)(a)2.
2. Subject to
par. (b) and if a community-based residential facility has obtained a waiver from the department or has requested such a waiver from the department and the decision is pending, the community-based residential facility may provide more than 3 hours of nursing care per week or care above intermediate level nursing care for more than 30 days to a resident who does not have a terminal illness but who has a stable or long-term condition that requires the care, if all of the following conditions apply:
50.035(10)(a)2.b.
b. The services necessary to treat the resident's condition are available in the community-based residential facility.
50.035(10)(a)2.c.
c. The community-based residential facility has obtained a waiver from the department under this subdivision or has requested such a waiver from the department and the decision is pending.
50.035(10)(a)3.
3. A community-based residential facility may provide more than 3 hours of nursing care per week or care above intermediate level nursing care to a resident who has a terminal illness and requires the care, under the following conditions:
50.035(10)(a)3.a.
a. If the resident's primary care provider is a licensed hospice or a licensed home health agency.
50.035(10)(a)3.b.
b. If the resident's primary care provider is not a licensed hospice or a licensed home health agency, but the community-based residential facility has obtained a waiver of the requirement under
subd. 3. a. from the department or has requested such a waiver and the department's decision is pending.
50.035(10)(b)
(b) A community-based residential facility may not have a total of more than 4 residents or 10% of the facility's licensed capacity, whichever is greater, who qualify for care under
par. (a) 1. or
2. unless the facility has obtained a waiver from the department of the limitation of this paragraph or has requested such a waiver and the department's decision is pending.
50.035(11)(a)(a) Whoever violates
sub. (4m) or
(4n) or rules promulgated under
sub. (4m) or
(4n) may be required to forfeit not more than $500 for each violation.
50.035(11)(b)
(b) The department may directly assess forfeitures provided for under
par. (a). If the department determines that a forfeiture should be assessed for a particular violation, it shall send a notice of assessment to the community-based residential facility. 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
par. (c).
50.035(11)(c)
(c) A community-based residential facility may contest an assessment of a forfeiture by sending, within 10 days after receipt of notice under
par. (b), a written request for a 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 a 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.
50.035(11)(d)
(d) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under
par. (c), 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. The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.
50.035(11)(e)
(e) 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.
50.035 Cross-reference
Cross Reference: See also ch.
HFS 83, Wis. adm. code.
50.037
50.037
Community-based residential facility licensing fees. 50.037(1)(1)
Definition. In this section, "total monthly charges" means the total amount paid per month, including the basic monthly rate plus any additional fees, for care, treatment and services provided to a resident of a community-based residential facility by a community-based residential facility.
50.037(2)(a)(a) The biennial fee for a community-based residential facility is $306, plus a biennial fee of $39.60 per resident, based on the number of residents that the facility is licensed to serve.
50.037(2)(b)
(b) Fees specified under
par. (a) shall be paid to the department by the community-based residential facility before the department may issue a license under
s. 50.03 (4) (a) 1. b. A licensed community-based residential facility shall pay the fee under
par. (a) by the date established by the department. A newly licensed community-based residential facility shall pay the fee under this subsection no later than 30 days before the opening of the facility.
50.037(2)(c)
(c) A community-based residential facility that fails to submit the biennial fee prior to the date established by the department, or a new community-based residential facility subject to this section that fails to submit the biennial fee by 30 days prior to the opening of the new community-based residential facility, shall pay an additional fee of $10 per day for every day after the deadline that the facility does not pay the fee.
50.037(3)
(3) Exemption. Community-based residential facilities where the total monthly charges for each resident do not exceed the monthly state supplemental payment rate under
s. 49.77 (3s) that is in effect at the time the fee under
sub. (2) is assessed are exempt from this section.
50.037 Annotation
Duty of a private hospital to render emergency treatment. 1974 WLR 279.
50.04
50.04
Special provisions applying to licensing and regulation of nursing homes. 50.04(1)
(1)
Applicability. This section applies to nursing homes as defined in
s. 50.01 (3).
50.04(1m)
(1m) Definitions. In this section, "class "C" repeat violation" means a class "C" violation by a nursing home under the same statute or rule under which, within the previous 2 years, the department has served the nursing home a notice of violation or a correction order or has made a notation in the report under
sub. (3) (b).
50.04(2)(a)(a) No nursing home within the state may operate except under the supervision of an administrator licensed under
ch. 456 by the nursing home administrators examining board. If the holder of a nursing home license is unable to secure a new administrator because of the departure of an administrator, such license holder may, upon written notice to the department and upon the showing of a good faith effort to secure a licensed administrator, place the nursing home in the charge of an unlicensed individual subject to conditions and time limitations established by the department, with advice from the nursing home administrator examining board. An unlicensed individual who administers a nursing home as authorized under this subsection is not subject to the penalty provided under
s. 456.09.
50.04(2)(b)
(b) Each nursing home shall employ a charge nurse. The charge nurse shall either be a licensed practical nurse acting under the supervision of a professional nurse or a physician, or shall be a professional nurse. The department shall, by rule, define the duties of a charge nurse.
50.04(2)(c)1.1. Except as provided in
subd. 2., beginning July 1, 1988, the department shall enforce nursing home minimum staffing requirements based on daily staffing levels.
50.04(2)(c)2.
2. The department may enforce nursing home minimum staffing requirements based on weekly staffing levels for a nursing home if the secretary determines that the nursing home is unable to comply with nursing home minimum staffing requirements based on daily staffing levels because:
50.04(2)(c)2.a.
a. The nursing home minimum staffing requirements based on daily staffing levels violate the terms of a collective bargaining agreement that is in effect on December 8, 1987; or
50.04(2)(c)2.b.
b. A shortage of nurses or nurse's assistants available for employment by the nursing home exists.
50.04(2)(d)
(d) Each nursing home, other than nursing homes that primarily serve the developmentally disabled, shall provide at least the following hours of service by registered nurses, licensed practical nurses or nurse's assistants:
50.04(2)(d)1.
1. For each resident in need of intensive skilled nursing care, 3.25 hours per day, of which a minimum of 0.65 hour shall be provided by a registered nurse or licensed practical nurse.
50.04(2)(d)2.
2. For each resident in need of skilled nursing care, 2.5 hours per day, of which a minimum of 0.5 hour shall be provided by a registered nurse or licensed practical nurse.
50.04(2)(d)3.
3. For each resident in need of intermediate or limited nursing care, 2.0 hours per day, of which a minimum of 0.4 hour shall be provided by a registered nurse or licensed practical nurse.
50.04(2g)
(2g) Provision of information required. 50.04(2g)(a)(a) Subject to
sub. (2i), a nursing home shall, within the time period after inquiry by a prospective resident that is prescribed by the department by rule, inform the prospective resident of the services of a resource center under
s. 46.283, the family care benefit under
s. 46.286 and the availability of a functional and financial screen to determine the prospective resident's eligibility for the family care benefit under
s. 46.286 (1).
50.04(2h)(a)(a) Subject to
sub. (2i), a nursing home shall, within the time period prescribed by the department by rule, refer to a resource center under
s. 46.283 a person who is seeking admission, who is at least 65 years of age or has developmental disability or physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:
50.04(2h)(a)1.
1. For a person who has received a screen for functional eligibility under
s. 46.286 (1) (a) within the previous 6 months, the referral under this paragraph need not include performance of an additional functional screen under
s. 46.283 (4) (g).
50.04(2h)(a)2.
2. The person is seeking admission to the nursing home only for respite care.
50.04(2h)(a)3.
3. The person is an enrollee of a care management organization.
50.04(2h)(a)4.
4. For a person who seeks admission or is about to be admitted on a private pay basis and who waives the requirement for a financial screen under
s. 46.283 (4) (g), the referral under this subsection may not include performance of a financial screen under
s. 46.283 (4) (g), unless the person expected to become eligible for medical assistance within 6 months.
50.04(2i)
(2i) Applicability. Subsections (2g) and
(2h) apply only if the secretary has certified under
s. 46.281 (3) that a resource center is available for the nursing home and for specified groups of eligible individuals that include those persons seeking admission to or the residents of the nursing home.
50.04(2m)
(2m) Plan of care and assessment required. 50.04(2m)(a)(a) Except as provided in
par. (b), no nursing home may admit any patient until a physician has completed a plan of care for the patient and the patient is assessed or the patient is exempt from or waives assessment under
s. 46.27 (6) (a). Failure to comply with this subsection is a class "C" violation under
sub. (4) (b) 3.
50.04(2m)(b)
(b) Paragraph (a) does not apply to those residents for whom the secretary has certified under
s. 46.281 (3) that a resource center is available.
50.04(2r)
(2r) Admissions requiring approval. Except in an emergency, a nursing home that is not certified as a provider of medical assistance or that is an intermediate care facility for the mentally retarded, as defined in
s. 46.278 (1m) (am), or an institution for mental diseases, as defined under
42 CFR 435.1009, may not admit as a resident an individual who has a developmental disability, as defined in
s. 51.01 (5), or who is both under age 65 and has mental illness, as defined in
s. 51.01 (13), unless the county department under
s. 46.23,
51.42 or
51.437 of the individual's county of residence has recommended the admission.
50.04(2t)(a)1.b.
b. A device or garment that interferes with an individual's freedom of movement and that the individual is unable to remove easily.
