150.33(2)
(2) An application for approval of beds under
sub. (1) shall state the applicant's per diem operating and capital rates, which are the maximum allowable reimbursement that may be granted by the department for the first 12 months following licensure of the new beds. If the medical assistance facility payment formula under
s. 49.45 (6m) generates per diem operating and capital rates that are less than those stated in the application under review, the department shall use the lower rates.
150.33(3)
(3) The department shall provide forms for submitting applications but may only accept applications submitted within 60 days after it publishes a notice under
sub. (1).
150.33(3m)
(3m) The department shall review each application it receives for completeness. If the department finds that the application is incomplete, it shall notify the applicant of the information required within 10 working days after receiving the application. Each applicant shall provide any required additional information within 30 days following the closing date for accepting applications specified in
sub. (3). The department may not accept for review any incomplete application if it fails to receive the additional information within this 30-day period until it issues another public notice soliciting applications under
sub. (1). The department shall declare the application complete on the date on which the department receives all the required information.
150.33(4)
(4) The department shall issue a class 2 notice under
ch. 985 within 20 days after the date on which it declares all applications complete under
sub. (3m), listing all applicants and describing their applications.
150.34
150.34
Other applications. 150.34(1)(1) Any person intending to engage in activities subject to this subchapter not specified under
s. 150.33 shall notify the department in writing of this intent at least 30 days prior to submitting an application for review. An application expires unless the department declares the application complete under
sub. (2) within 365 days after the date the department receives notice of the applicant's intent to engage in the activity. The department shall provide forms for submitting applications under this section.
150.34(2)
(2) The department shall review each application it receives for completeness. If the department finds that the application is incomplete, it shall notify the applicant of the information required within 10 working days after receiving the application. The department shall declare the application complete on the date on which the department receives all the required information.
150.34(3)
(3) The department shall issue a class 2 notice under
ch. 985 on or before the 20th day of the month following the month in which it declares an application complete under
sub. (2), listing the applicant and describing the applicant's proposed activity.
150.34 History
History: 1987 a. 27,
399;
1989 a. 56.
150.345
150.345
Nursing home bed transfers. 150.345(1)
(1) Notwithstanding
ss. 150.33 and
150.34, a nursing home may transfer a licensed bed to another nursing home, if all of the following apply:
150.345(1)(a)
(a) The receiving nursing home is within the same area for allocation of nursing home beds, as determined by the department, as is the transferring nursing home, or is in a county adjoining that area.
150.345(1)(b)
(b) The transferring nursing home and the receiving nursing home are owned by corporations that are owned by the same person.
150.345(1)(c)
(c) The transferring and receiving nursing homes notify the department of the proposed transfer within 30 days before the transfer occurs.
150.345(1)(d)
(d) The department reviews and approves the transfer.
150.345(2)
(2) Upon receiving the notification specified in
sub. (1) (c), the department shall adjust the allocation of licensed beds under
s. 150.31 for each nursing home in accordance with the transfer that was made.
150.345 History
History: 2001 a. 16.
150.35
150.35
Review procedures. 150.35(2)(2) The department shall hold a public meeting upon the request of an affected party to review applications under
s. 150.33 or
150.34, at which all affected parties may present testimony. The department shall keep minutes or other record of testimony presented at the public meeting and shall, based on the testimony, consider the record in determining whether the applicant has met the review criteria under
s. 150.39.
150.35(3)
(3) Except as provided under
sub. (3m), the department shall issue an initial finding to approve or reject the application within 75 days after the date it publishes its notice under
s. 150.33 (4) or
150.34 (3), unless all applicants consent to an extension of this period. The department may extend by 60 days the review cycle of all applications being concurrently reviewed if it finds that completing the reviews within 75 days after the date it publishes its notice under
s. 150.33 (4) or
150.34 (3) is not practicable due to the volume of applications received. The department shall base its initial finding on a comparative analysis of applications, relying on the criteria specified in
s. 150.39. The applicant has the burden of proving, by a preponderance of the evidence, that each criterion specified in
s. 150.39 has been met or does not apply to the project. The department may approve fewer additional nursing home beds than allowed by the statewide bed limit if the cost of adding those beds exceeds the medical assistance allocation for new beds projected in
s. 150.31 (1) (e). Unless an adversely affected applicant makes a timely request for a public hearing under
sub. (4), the department's initial finding under this subsection is its final action.
150.35(3m)(a)(a) The department may receive any of the following applications:
150.35(3m)(a)1.
1. An application which was developed under a plan of correction, as defined in
s. 50.01 (4r), previously approved by the department and which does not add beds to the current licensed bed capacity.
150.35(3m)(b)
(b) Subsection (2) does not apply to the applications under
par. (a). Within 60 days after it receives a completed application, the department shall, according to procedures it promulgates by rule, review the application and issue its initial finding. No public meeting need be held on any project submitted under this subsection.
150.35(3m)(c)
(c) Unless an adversely affected applicant makes a timely request for a public hearing under
sub. (4), the department's initial finding under this subsection is its final decision.
150.35(4)(a)(a) Any applicant whose project is rejected may request a public hearing to review the department's initial finding under
sub. (3) or
(3m), if the request is submitted in writing within 10 days after the department's decision. The department shall commence the hearing within 30 days after receiving a timely request, unless all parties consent to an extension of this period.
150.35(4)(b)
(b) Sections 227.42 to
227.50 do not apply to hearings under this subsection. The department shall promulgate rules to establish:
150.35(4)(b)1.
1. Procedures for scheduling hearings under this subsection.
150.35(4)(b)2.
2. Procedures for conducting hearings under this subsection, including methods of presenting arguments, cross-examination of witnesses and submission of exhibits.
150.35(4)(b)3.
3. Procedures following the completion of a hearing under this subsection, including the establishment of time limits for issuance of a decision.
150.35(4)(b)4.
4. Standards relating to ex parte communication in hearings under this subsection.
150.35(4)(c)
(c) The department shall issue all decisions in writing.
150.35(4)(d)
(d) Each applicant at any hearing under this subsection has the burden of proving, by clear and convincing evidence, that the department's initial finding was contrary to the weight of the evidence on the record when considered as a whole, arbitrary and capricious or contrary to law.
150.39
150.39
Review criteria and standards. The department shall use the following criteria in reviewing each application under this subchapter, plus any additional criteria it develops by rule. The department shall consider cost containment as its first priority in applying these criteria, and shall consider the comments of affected parties. The department may not approve any project under this subchapter unless the applicant demonstrates:
150.39(1)
(1) The medical assistance funds appropriated are sufficient to reimburse the applicant for providing the nursing home care.
150.39(2)
(2) The cost of providing an equal number of nursing home beds or of an equal expansion would be consistent with the cost at similar nursing homes, and the applicant's per diem rates would be consistent with those of similar nursing homes.
150.39(3)
(3) The project does not conflict with the statewide bed limit under
s. 150.31.
150.39(4)
(4) A need for additional beds in the health planning area where the project would be located.
150.39(5)
(5) The project is consistent with local plans for developing community-based services to provide long-term care.
150.39(6)
(6) Health care personnel, capital and operating funds and other resources needed to provide the proposed services are available.
150.39(7)
(7) The project can be undertaken within the period of validity of the approval and completed within a reasonable period thereafter.
150.39(8)
(8) Appropriate methods alternative to providing nursing home care in the health planning area are unavailable.
150.39(10)
(10) The quality of care to be provided is satisfactory, as determined by:
150.39(10)(b)
(b) Materials submitted by the applicant, including independent evaluations of performance in nursing homes owned or operated by the applicant and patient satisfaction surveys.
150.39(10)(c)
(c) Recommendations from affected parties concerning the quality of care provided in nursing homes owned or operated by the applicant.
150.39(11)
(11) For a project that would result in the relocation of nursing home beds, there are other adequate and appropriate resources available in the counties served by the nursing home to serve the nursing home residents who would be displaced by the relocation.
150.40
150.40
Redistribution of closed beds. 150.40(1)
(1) The department shall redistribute within a county the nursing home beds made available as a result of a nursing home closure within that county if all of the following apply at the time of the closure:
150.40(1)(a)
(a) The number of other nursing home beds for each 1,000 persons 65 years of age or over in the county is less than 80% of the statewide average of nursing home beds for each 1,000 persons 65 years of age or over.
150.40(1)(b)
(b) The total occupancy level for the other nursing homes in the county is equal to or more than the statewide average nursing home occupancy rate.
150.40(2)
(2) Subsection (1) does not apply to the following:
150.40(2)(b)
(b) Facilities primarily serving the developmentally disabled.
150.40 History
History: 1985 a. 29;
1987 a. 27.
150.401
150.401
Redistribution of nursing home beds to replace transferred beds. 150.401(1)
(1) Notwithstanding
ss. 150.33,
150.35, and
150.39, from the nursing home beds that are available under
s. 150.31, the department shall redistribute a number of beds that corresponds to the number of approved beds of a nursing home whose owner has transferred to another location, resulting in the loss of a nursing home within 15 miles of a city with a population of 4,474 in 1990 in a county with a population of 30,226 in 1990.
150.401(2)
(2) All of the following apply to the redistributed nursing home beds under
sub. (1):
150.401(2)(a)
(a) The beds may be redistributed only to a location in a city that is specified in
sub. (1).
150.401(2)(b)
(b) A person may not receive approval for the beds unless the person submits to the department, on a form provided by the department, an application that meets the requirements under
s. 150.33 (2).
150.401 History
History: 2001 a. 109.
150.41
150.41
Approvals not transferable. No person may transfer through sale, lease or donation any approval granted under this subchapter. The sale, lease or donation of a nursing home before the completion or licensure of a project at that nursing home voids the approval. This section does not apply to transfers of stock within a corporation that do not alter the controlling interest in the corporation or to transfers of interests within a limited liability company that do not alter the controlling interest in the limited liability company.
150.41 History
History: 1983 a. 27;
1993 a. 112.
150.43
150.43
Judicial review. Any applicant adversely affected by a decision of the department under
s. 150.35 (4) may petition for judicial review of the decision under
s. 227.52. The scope of judicial review shall be as provided in
s. 227.57 and the record before the reviewing court shall consist of:
150.43(1)
(1) The application and all supporting material received prior to the department's decision under
s. 150.35 (3) or
(3m).
150.43(4)
(4) The department's analysis of the project and its compliance with the criteria specified in
s. 150.39.
150.43(5)
(5) Concluding briefs and arguments at a hearing and the findings of fact of the hearing examiner at the hearing under
s. 150.35 (4).
150.43 Annotation
This section precludes all affected parties, except unsuccessful applicants for licenses, from seeking s. 227.52 judicial review of a DHSS decision to grant or deny a nursing home bed license. Cox v. DHSS,
184 Wis. 2d 309,
517 N.W.2d 526 (Ct. App. 1994).
150.45
150.45
Validity of an approval. 150.45(1)
(1) An approval is valid for one year from the date of issuance. The department may grant a single extension of up to 6 months.
150.45(2)
(2) The department shall specify the maximum capital expenditure that may be obligated for a project.
150.45(3)
(3) Any person whose project has been approved under this subchapter shall document in writing, on forms developed by the department, the progress of the project. The person shall submit these forms semiannually until the project is completed. On these forms, the person shall:
150.45(3)(a)
(a) Identify the project and the approval holder.
150.45(3)(c)
(c) Describe the stages of the project that are complete.
150.45(3)(d)
(d) Report on the project's status, including any deficiencies.
150.45(3)(e)
(e) Identify any cost overrun and propose changes in the project necessary to reduce costs, so as not to exceed the maximum approved capital expenditure.
150.45(3)(f)
(f) Estimate the date that uncompleted stages of the project will be completed.
150.45 History
History: 1983 a. 27;
1993 a. 290.
