50.034(5n)(b)
(b) The person is entering the residential care apartment complex only for respite care.
50.034(5n)(c)
(c) The person is an enrollee of a care management organization.
50.034(5n)(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.
50.034(5p)
(5p) Applicability. Subsections (5m) and
(5n) apply only if the secretary has certified under
s. 46.281 (3) that a resource center is available for the residential care apartment complex and for specified groups of eligible individuals that include those persons seeking admission to or the residents of the residential care apartment complex.
50.034(6)
(6) Funding. Funding for supportive, personal or nursing services that a person who resides in a residential care apartment complex receives, other than private or 3rd-party funding, may be provided only under
s. 46.27 (11) (c) 7. or
46.277 (5) (e), except if the provider of the services is a certified medical assistance provider under
s. 49.45 or if the funding is provided as a family care benefit under
ss. 46.2805 to
46.2895.
50.034(7)
(7) Revocation of certification. Certification for a residential care apartment complex may be revoked because of the substantial and intentional violation of this section or of rules promulgated by the department under
sub. (2) or because of failure to meet the minimum requirements for certification. The operator of the certified residential care apartment complex shall be given written notice of any revocation of certification and the grounds for the revocation. Any residential care apartment complex certification applicant or operator of a certified residential care apartment complex may, if aggrieved by the failure to issue or renew the certification or by revocation of certification, appeal under the procedures specified by the department by rule under
sub. (2).
50.034(8)(a)(a) Whoever violates
sub. (5m) or
(5n) or rules promulgated under
sub. (5m) or
(5n) may be required to forfeit not more than $500 for each violation.
50.034(8)(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 residential care apartment complex. 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 residential care apartment complex of the right to a hearing under
par. (c).
50.034(8)(c)
(c) A residential care apartment complex 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.
50.034(8)(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.
50.034(8)(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.
50.034 Cross-reference
Cross Reference: See also ch.
HFS 89, Wis. adm. code.
50.035
50.035
Special provisions relating to regulation of community-based residential facilities. 50.035(1)
(1)
Personnel training. Each employee of a community-based residential facility shall, within 90 days after the beginning date of employment, receive basic first aid training and other safety training. The department shall indicate acceptable sources from which facility employees may receive this training. The department shall also develop instructional materials for use by facilities concerning acceptable methods of operation and procedures for protecting and serving the needs of facility residents. The department may require that all facility employees complete a program involving these materials and may sell the materials to facilities at cost. In addition, each facility employee shall, within 90 days after the beginning date of employment, receive training in fire prevention and control and evacuation techniques. Each facility shall coordinate its training in fire prevention and control and evacuation techniques with the local fire department.
50.035(2)(a)1.1. Except as provided in
subd. 2., each community-based residential facility shall provide, at a minimum, a low-voltage interconnected smoke detection system to protect the entire facility that, if any detector is activated, either triggers alarms throughout the building or triggers an alarm located centrally.
50.035(2)(a)2.
2. A community-based residential facility that has 8 or less beds may use a radio-transmitting smoke detection system that triggers an audible alarm in a central area of the facility in lieu of the interconnected smoke detection system specified in
subd. 1.
50.035(2)(a)3.
3. The department or the department of commerce may waive the requirement under
subd. 1. or
2. for a community-based residential facility that has a smoke detection or sprinkler system in place that is at least as effective for fire protection as the type of system required under the relevant subdivision.
50.035(2)(b)
(b) No facility may install a smoke detection system that fails to receive the approval of the department or of the department of commerce. At least one smoke detector shall be located at each of the following locations:
50.035(2)(b)2.
2. At the door leading to every enclosed stairway on each floor level.
50.035(2)(b)3.
3. In every corridor, spaced not more than 30 feet apart and not further than 15 feet from any wall.
50.035(2)(b)4.
4. In each common use room, including living rooms, dining rooms, family rooms, lounges and recreation rooms but not including kitchens.
50.035(2)(c)
(c) A community-based residential facility does not have to meet the requirements under
pars. (a) and
(b) prior to May 1, 1985. Beginning on May 1, 1985, the department may waive the requirements under
pars. (a) and
(b) for a community-based residential facility for a period not to exceed 6 months if the department finds that compliance with those requirements would result in an extreme hardship for the facility.
50.035(3)
(3) Manager's presence in facility. 50.035(3)(a)(a) The person responsible for managing a Class C community-based residential facility, or that person's agent, shall be present in the facility at any time that residents are in the facility. The person responsible for managing a Class A community-based residential facility, or that person's agent, shall be present in the facility from 7 p.m. to 7 a.m. when residents are in the facility.
50.035(3)(b)
(b) The department may waive a requirement under
par. (a) for a community-based residential facility:
50.035(3)(b)1.
1. For a specified period of time, not to exceed one year, if the department finds that compliance with the requirement would result in an unreasonable hardship for the facility and that all of the residents are physically and mentally capable of taking independent action in an emergency; or
50.035(3)(b)2.
2. For a specified period of time if the department finds that the primary purpose of the facility's program is to promote the independent functioning of its residents with minimum supervision.
50.035(4)
(4) Fire notice. The licensee of a community-based residential facility, or his or her designee, shall notify the department and any county department under
s. 46.215 or
46.22 that has residents placed in the facility of any fire that occurs in the facility for which the fire department is contacted. The notice shall be provided within 72 hours after such a fire occurs.
50.035(4m)
(4m) Provision of information required. Subject to
sub. (4p), a community-based residential facility 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).
50.035(4n)
(4n) Required referral. Subject to
sub. (4p), a community-based residential facility 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 a physical disability and whose disability or condition is expected to last at least 90 days, unless any of the following applies:
50.035(4n)(a)
(a) 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 subsection need not include performance of an additional functional screen under
s. 46.283 (4) (g).
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.
