50.49(2)(a)(a) The department may develop, establish and enforce standards for the care, treatment, health, safety, welfare and comfort of patients by home health agencies and for the maintenance and operation of home health agencies which, in the light of advancing knowledge, will promote safe and adequate care and treatment of such patients by home health agencies.
50.49(2)(b)
(b) The department shall, by rule, set a license fee to be paid by home health agencies.
50.49(3)
(3) Administration. The administration of this section shall be under the department which shall make or cause to be made such inspections and investigations as it deems necessary.
50.49(4)
(4) Licensing, inspection and regulation. Except as provided in
sub. (6m), the department may register, license, inspect and regulate home health agencies as provided in this section. The department shall ensure, in its inspections of home health agencies, that a sampling of records from private pay patients are reviewed. The department shall select the patients who shall receive home visits as a part of the inspection. Results of the inspections shall be made available to the public at each of the regional offices of the department.
50.49(5)
(5) Application for registration and license. 50.49(5)(a)(a) Registration shall be in writing in such form and contain such information as the department requires.
50.49(5)(b)
(b) The application for a license shall be in writing upon forms provided by the department and shall contain such information as it requires.
50.49(6)
(6) Issuance of license; inspection and investigation; annual report; nontransferability; content. 50.49(6)(a)(a) Except as provided in
s. 50.498, the department shall issue a home health agency license if the applicant is fit and qualified, and if the home health agency meets the requirements established by this section. The department, or its designated representatives, shall make such inspections and investigations as are necessary to determine the conditions existing in each case and file written reports. Each licensee shall annually file a report with the department.
50.49(6)(b)
(b) A home health agency license is valid until suspended or revoked, except as provided in
s. 50.498.
50.49(6)(c)
(c) Each license shall be issued only for the home health agency named in the application and is not transferable or assignable. Any license granted shall state such additional information and special limitations as the department, by rule, prescribes.
50.49(6)(d)
(d) Every 12 months, on a schedule determined by the department, a licensed home health agency shall submit an annual report in the form and containing the information that the department requires, including payment of the fee required under
sub. (2) (b). If a complete annual report is not timely filed, the department shall issue a warning to the licensee. The department may revoke the license for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.
50.49(6m)
(6m) Exceptions. None of the following is required to be licensed as a home health agency under
sub. (4), regardless of whether any of the following provides services that are similar to services provided by a home health agency:
50.49(6m)(am)
(am) An entity with which a care management organization, as defined in
s. 46.2805 (1), contracts for care management services under
s. 46.284 (4) (d), for purposes of providing the contracted services.
50.49(7)
(7) Denial, suspension or revocation of license; notice. The department after notice to the applicant or licensee is authorized to deny, suspend or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements of this section and the rules established hereunder.
50.49(8)
(8) Failure to register or operating without license; penalty. It is unlawful for any person, acting jointly or severally with any other person, to conduct, maintain, operate, or permit to be maintained or operated, or to participate in the conducting, maintenance or operating of a home health agency, unless, it is licensed as a home health agency by the department. Any person who violates this section shall be fined not more than $100 for the first offense and not more than $200 for each subsequent offense, and each day of violation after the first conviction shall constitute a separate offense.
50.49(9)
(9) Right of injunction. All orders issued by the department under this section shall be enforced by the attorney general. The circuit court of Dane County shall have jurisdiction to enforce such orders by injunctional and other appropriate relief.
50.49(10)
(10) Provisional licenses. Except as provided in
s. 50.498, a provisional license if approved by the department may be issued to any home health agency, the facilities of which are in use or needed for patients, but which is temporarily unable to conform to all the rules established under this section. A provisional license may not be issued for more than one year.
50.49 Cross-reference
Cross Reference: See also ch.
DHS 133, Wis. adm. code.
50.495
50.495
Fees permitted for a workshop or seminar. If the department develops and provides a workshop or seminar relating to the provision of services by hospitals and home health agencies under this subchapter, the department may establish a fee for each workshop or seminar and impose the fee on registrants for the workshop or seminar. A fee so established and imposed shall be in an amount sufficient to reimburse the department for the costs directly associated with developing and providing the workshop or seminar.
50.495 History
History: 1997 a. 27.
50.498
50.498
Denial, nonrenewal and revocation of license, certification or registration based on tax delinquency. 50.498(1)(1) Except as provided in
sub. (1m), the department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing any of the following:
50.498(1m)
(1m) If an individual who applies for a certificate of approval, license or provisional license under
sub. (1) does not have a social security number, the individual, as a condition of obtaining the certificate of approval, license or provisional license, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A certificate of approval, license or provisional license issued in reliance upon a false statement submitted under this subsection is invalid.
50.498(2)
(2) The department may not disclose any information received under
sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under
s. 73.0301.
50.498(3)
(3) Except as provided in
sub. (1m), the department shall deny an application for the issuance of a certificate of approval, license or provisional license specified in
sub. (1) if the applicant does not provide the information specified in
sub. (1).
50.498(4)
(4) The department shall deny an application for the issuance of a certificate of approval, license or provisional license specified in
sub. (1) or shall revoke a certificate of approval, license or provisional license specified in
sub. (1), if the department of revenue certifies under
s. 73.0301 that the applicant for or holder of the certificate of approval, license or provisional license is liable for delinquent taxes.
RURAL MEDICAL CENTERS
50.50
50.50
Definitions. In this subchapter:
50.50(3)
(3) "Health care services" means any of the following:
50.50(3)(a)
(a) Care that is provided in or by any of the following:
50.50(3)(e)
(e) Services that are specified in rules that the department promulgates.
50.50(6)
(6) "Hospital" has the meaning given in
s. 50.33 (2) (a) or
(b), except that "hospital" does not include a critical access hospital.
50.50(9)
(9) "Patient" means an individual who receives services from a rural medical center.
50.50(11)
(11) "Rural medical center" means an arrangement of facilities, equipment, services and personnel that is all of the following:
50.50(11)(a)
(a) Organized under a single governing and corporate structure.
50.50(11)(b)
(b) Capable of providing or assuring health care services, including appropriate referral, treatment and follow-up services, at one or more locations in a county, city, town or village that has a population of less than 15,000 and that is in an area that is not an urbanized area, as defined by the federal bureau of the census.
50.50(11)(c)
(c) A provider of at least 2 health care services under the arrangement or through a related corporate entity.
50.51
50.51
Departmental powers. The department shall do all of the following:
50.51(1)
(1) Provide uniform, statewide licensing, inspection and regulation of rural medical centers as specified in this subchapter.
50.51(2)
(2) Promulgate rules that establish all of the following:
50.51(2)(a)
(a) For the operation of licensed rural medical centers, standards that are designed to protect and promote the health, safety, rights and welfare of patients who receive health care services in rural medical centers.
50.51(2)(b)
(b) Minimum requirements for issuance of a provisional license or a regular license to rural medical centers.
50.51(2)(c)
(c) Fees for rural medical center provisional licensure and regular licensure. The amounts of the fees shall be based on the health care services provided by the rural medical center.
50.51(2)(d)
(d) A procedure and criteria for waiver of or variance from standards under
par. (a) or minimum requirements under
par. (b).
50.51 History
History: 1995 a. 98;
1997 a. 27.
50.51 Cross-reference
Cross Reference: See also ch.
DHS 127, Wis. adm. code.
50.52
50.52
Licensing procedure and requirements. 50.52(1)
(1) No person may be required to obtain licensure as a rural medical center, except that no person may conduct, maintain, operate or permit to be conducted, maintained or operated health care services as a rural medical center unless the rural medical center is licensed by the department.
50.52(2)
(2) The department shall issue a provisional license or a regular license as a rural medical center to an applicant if all of the following are first done:
50.52(2)(a)
(a) The applicant pays the appropriate license fee, as established under
s. 50.51 (2) (c). Fees collected under this paragraph shall be credited to the appropriation under
s. 20.435 (6) (jm) for licensing and inspection activities.
50.52(2)(b)
(b) Except as provided in
par. (c), the department inspects the health care services provided by the applying rural medical center and finds that the applicant is fit and qualified and meets the requirements and standards of this subchapter and the rules promulgated under this subchapter.
50.52(2)(c)
(c) In lieu of conducting the inspection under
par. (b), the department accepts evidence that an applicant meets one of the following requirements:
50.52(2)(c)1.
1. Has applicable current, valid state licensure or approval as a hospital, a nursing home, a hospice or a home health agency.
50.52(2)(c)2.
2. Has an applicable, current agreement to participate as an eligible provider in medicare.
50.52(2)(c)4.
4. Satisfies qualifications that are specified by the department by rule.
50.52(3)
(3) Each license shall bear the name of the owner of the rural medical center, the name and address of the rural medical center and the health care services that the department licenses the rural medical center to provide.
50.52(4)
(4) A regular license issued to a rural medical center is valid until it is suspended or revoked. A provisional license issued to a rural medical center is valid for 6 months from the date of issuance.
