50.03(11)(d)
(d) The attorney general may delegate to the department the authority to represent the state in any action brought to challenge department decisions prior to exhaustion of administrative remedies and final disposition by the department.
50.03(13)(a)(a)
New license. Whenever ownership of a facility is transferred from the person or persons named in the license to any other person or persons, the transferee must obtain a new license. The license may be a probationary license. Penalties under
sub. (1) shall apply to violations of this subsection. The transferee shall notify the department of the transfer, file an application under
sub. (3) (b), and apply for a new license at least 30 days prior to final transfer. Retention of any interest required to be disclosed under
sub. (3) (b) after transfer by any person who held such an interest prior to transfer may constitute grounds for denial of a license where violations of this subchapter for which notice had been given to the transferor are outstanding and uncorrected, if the department determines that effective control over operation of the facility has not been transferred. If the transferor was a provider under
s. 49.43 (10), the transferee and transferor shall comply with
s. 49.45 (21).
50.03(13)(b)
(b)
Duty of transferor. The transferor shall notify the department at least 30 days prior to final transfer. The transferor shall remain responsible for the operation of the home until such time as a license is issued to the transferee, unless the facility is voluntarily closed as provided under
sub. (14). The transferor shall also disclose to the transferee the existence of any outstanding waiver or variance and the conditions attached to such waiver or variance.
50.03(13)(c)
(c)
Outstanding violations. Violations reported in departmental inspection reports prior to the transfer of ownership shall be corrected, with corrections verified by departmental survey, prior to the issuance of a full license to the transferee. The license granted to the transferee shall be subject to the plan of correction submitted by the previous owner and approved by the department and any conditions contained in a conditional license issued to the previous owner. In the case of a nursing home, if there are outstanding violations and no approved plan of correction has been implemented, the department may issue a conditional license and plan of correction as provided in
s. 50.04 (6).
50.03(13)(d)
(d)
Forfeitures. The transferor shall remain liable for all forfeitures assessed against the facility which are imposed for violations occurring prior to transfer of ownership.
50.03(14)(a)
(a) The department may provide, direct or arrange for relocation planning, placement and implementation services in order to minimize the trauma associated with the relocation of residents and to ensure the orderly relocation of residents.
50.03(14)(b)
(b) The county departments of the county in which the facility is located that are responsible for providing services under
s. 46.215 (1) (L),
46.22 (1) (b) 1. c.,
51.42 or
51.437 shall participate in the development and implementation of individual relocation plans. Any county department of another county shall participate in the development and implementation of individual relocation plans in place of the county departments of the county in which the facility is located, if the county department accepts responsibility for the resident or is delegated responsibility for the resident by the department or by a court.
50.03(14)(c)1.
1. Provide at least 30 days' written notice prior to relocation to each resident who is to be relocated, to the resident's guardian, if any, and to a member of the resident's family, if practicable, unless the resident requests that notice to the family be withheld.
50.03(14)(c)2.
2. Attempt to resolve complaints from residents under this section.
50.03(14)(c)3.
3. Identify and, to the greatest extent practicable, attempt to secure an appropriate alternate placement for each resident to be relocated.
50.03(14)(c)4.
4. Consult the resident's physician on the proposed relocation's effect on the resident's health.
50.03(14)(c)5.
5. Hold a planning conference at which an individual relocation plan will be developed with the resident, with the resident's guardian, if any, and with a member of the resident's family, if practicable, unless the resident requests that a family member not be present.
50.03(14)(c)6.
6. Implement the individual relocation plan developed under
subd. 5.
50.03(14)(c)7.
7. Notify the department of its intention to relocate residents. The notice shall state the facts requiring the proposed relocation of residents and the proposed date of closing or changing of the type or level of services or means of reimbursement.
50.03(14)(c)8.
8. At the time the facility notifies the department under
subd. 7., submit to the department a preliminary plan that includes:
50.03(14)(c)8.a.
a. The proposed timetable for planning and implementation of relocations and the resources, policies and procedures that the facility will provide or arrange in order to plan and implement the relocations.
50.03(14)(c)8.b.
b. A list of the residents to be relocated and their current levels of care and a brief description of any special needs or conditions.
50.03(14)(c)8.c.
c. An indication of which residents have guardians and the names and addresses of the guardians.
50.03(14)(d)
(d) The department shall notify the facility within 10 days after receiving the preliminary plan under
par. (c) 8., if it disapproves the plan. If the department does not notify the facility of disapproval, the plan is deemed approved. If the department disapproves the preliminary plan it shall, within 10 days of notifying the facility, begin working with the facility to modify the disapproved plan. No residents may be relocated until the department approves the preliminary plan or until a modified plan is agreed upon. If a plan is not approved or agreed upon within 30 days of receipt of the notice of relocation, the department may impose a plan that the facility shall carry out. Failure to submit, gain approval for or implement a plan in a timely fashion is not a basis for a facility to declare an emergency under
sub. (5m) (a) 6. or to relocate any resident under
sub. (5m) (g).
50.03(14)(e)
(e) Upon approval of, agreement to or imposition of a plan for relocation, the facility shall establish a date of closing or changing of the type or level of services or means of reimbursement and shall notify the department of the date. The date may not be earlier than 90 days from the date of approval, agreement or imposition if 5 to 50 residents will be relocated, or 120 days from the date of approval, agreement or imposition if more than 50 residents will be relocated.
50.03 History
History: 1975 c. 413;
1977 c. 29,
170,
205,
272,
418,
447;
1979 c. 221;
1981 c. 20,
72,
121;
1981 c. 314 s.
146;
1985 a. 29 ss.
1058,
3202 (56) (a);
1985 a. 176;
1985 a. 182 s.
57;
1985 a. 332 s.
251 (1), (3);
1987 a. 27,
127,
399;
1989 a. 31,
359;
1991 a. 39,
221;
1993 a. 27,
112,
375,
491;
1995 a. 27 ss.
3227 to
3232,
9126 (19);
1997 a. 27,
114;
2001 a. 16;
2003 a. 33;
2005 a. 264,
387;
2007 a. 20 s.
9121 (6) (a);
2007 a. 92;
2009 a. 28.
50.03 Annotation
The department can constitutionally license and regulate community-based residential facilities that are operated by religious organizations and that are not exempt convents or similar facilities under s. 50.01 (1) [now 50.01 (1g)] or s. 50.03 (9).
71 Atty. Gen. 112.
50.031
50.031
Certification of 1-bed and 2-bed adult family homes. 50.031(2)(a)(a) After the date on which the family care benefit under
s. 46.286 is first made available in a county, no person may operate an adult family home in that county that provides residential care to a recipient of supplemental security income under
42 USC 1381 to
1383c, a recipient of the family care benefit under
s. 46.286, or a recipient of services under
s. 46.27 (11),
46.275,
46.277,
46.278, or
46.2785, or under any other program operated under a waiver authorized by the secretary at the U.S. department of health and human services under
42 USC 1396n (b) or (c), unless the adult family home is certified by the department under
par. (b) or
(c).
50.031(2)(b)
(b) The department shall certify an adult family home upon determining that the adult family home satisfies standards established under
sub. (3).
50.031(2)(c)1.
1. That the adult family home was certified by the county department and is at the same location as when certified by the county department.
50.031(2)(c)2.
2. That the adult family home satisfies standards established under
sub. (3).
50.031(2)(d)
(d) Certification under
par. (b) or
(c) shall be valid until revoked by the department.
50.031(3)
(3) Standards. The department shall establish standards for certification under this section.
50.031(4)
(4) Investigation. The department may investigate complaints that an adult family home certified under this section violated a standard for certification under
sub. (3).
50.031(5)
(5) Revocation. The department may revoke the certification of an adult family home that is certified under this section if the adult family home violates a standard established under
sub. (3).
50.031(6)
(6) Fee. The department may charge a fee for certification under
sub. (2) (a) and a fee for a certification under
sub. (2) (b).
50.031 History
History: 2009 a. 28.
50.032
50.032
Certification of certain adult family homes. 50.032(1m)(a)(a) No person may operate an adult family home unless the adult family home is certified under this section.
50.032(1m)(b)
(b) A county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437 may certify an adult family home that is located in the county. The department shall certify an adult family home in a county that elects not to certify adult family homes.
50.032(2)
(2) Regulation. Except as provided in
sub. (2d), standards for operation of certified adult family homes and procedures for application for certification, monitoring, inspection, decertification and appeal of decertification under this section shall be under rules promulgated by the department under
s. 50.02 (2) (am) 1. An adult family home certification is valid until decertified under this section. Certification is not transferable.
50.032(2d)
(2d) Accompaniment or visitation. If an adult family home has a policy on who may accompany or visit a patient, the adult family home shall extend the same right of accompaniment or visitation to a patient's domestic partner under
ch.770 as is accorded the spouse of a patient under the policy.
50.032(2m)
(2m) Exception. Notwithstanding
s. 50.01 (1g) (b), if an individual served in an adult family home attains 18 years of age and leaves the adult family home on a permanent basis, as defined in rules promulgated by the department, he or she may be replaced for receipt of service by an individual who has a developmental disability, as defined in
s. 51.01 (5).
50.032(2r)
(2r) Reporting. Every 12 months, on a schedule determined by the department, a certified adult family home shall submit an annual report in the form and containing the information that the department requires, including payment of a fee, if any is required under rules promulgated under
s. 50.02 (2) (am) 1. If a complete annual report is not timely filed, the department shall issue a warning to the operator of the certified adult family home. The department may decertify a certified adult family home for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.
50.032(3)
(3) Investigation of alleged violations. If the department or a certifying county department under
sub. (1m) (b) is advised or has reason to believe that any person is violating this section or the rules promulgated under
s. 50.02 (2) (am) 1., the department or the certifying county department shall make an investigation to determine the facts. For the purposes of this investigation, the department or the certifying county department may inspect the premises where the violation is alleged to occur. If the department or the certifying county department finds that the requirements of this section and of rules under
s. 50.02 (2) (am) 1. are met, the department or the certifying county department may certify the premises under this section. If the department or the certifying county department finds that a person is violating this section or the rules under
s. 50.02 (2) (am) 1., the department or the certifying county department may institute an action under
sub. (5) or
(6).
50.032(4)
(4) Decertification. A certified adult family home may be decertified because of the substantial and intentional violation of this section or of rules promulgated by the department under
s. 50.02 (2) (am) 1. or because of failure to meet the minimum requirements for certification. The operator of the certified adult family home shall be given written notice of any decertification and the grounds for the decertification. Any adult family home certification applicant or operator of a certified adult family home may, if aggrieved by the failure to issue the certification or by decertification, appeal under the procedures specified by the department by rule under
s. 50.02 (2) (am) 1.
50.032(5)
(5) Injunction. The department or a certifying county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437 may commence an action in circuit court to enjoin the operation of an adult family home that is not certified under
sub. (1m) or that is certified and has repeatedly used methods of operation in substantial violation of the rules promulgated under
s. 50.02 (2) (am) 1. or that endanger the health, safety or welfare of any disabled adult receiving care and maintenance in an adult family home.
50.032(6)
(6) Penalties. Any person who violates this section or rules promulgated under
s. 50.02 (2) (am) 1. may be fined not more than $500 or imprisoned for not more than one year in the county jail or both.
50.032 Cross-reference
Cross-reference: See also ch.
DHS 82, Wis. adm. code.
50.033
50.033
Licensure of certain adult family homes. 50.033(1m)(a)(a) No person may operate an adult family home unless the adult family home is licensed under this section.
50.033(1m)(b)
(b) A county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437 may license an adult family home that is located in the county. The department shall license an adult family home in a county that elects not to license adult family homes.
50.033(2)
(2) Regulation. Except as provided in
sub. (2d), standards for operation of licensed adult family homes and procedures for application for licensure, monitoring, inspection, revocation and appeal of revocation under this section shall be under rules promulgated by the department under
s. 50.02 (2) (am) 2. An adult family home licensure is valid until revoked under this section. Licensure is not transferable. The biennial licensure fee for a licensed adult family home is $171, except that the department may, by rule, increase the amount of the fee. The fee is payable to the county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437, if the county department licenses the adult family home under
sub. (1m) (b), and is payable to the department, on a schedule determined by the department if the department licenses the adult family home under
sub. (1m) (b).
50.033(2d)
(2d) Accompaniment or visitation. If an adult family home has a policy on who may accompany or visit a patient, the adult family home shall extend the same right of accompaniment or visitation to a patient's domestic partner under
ch. 770 as is accorded the spouse of a patient under the policy.
50.033(2m)
(2m) Reporting. Every 24 months, on a schedule determined by the department, a licensed adult family home shall submit a biennial report in the form and containing the information that the department requires, including payment of the fee required under
sub. (2). If a complete biennial 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.
50.033(3)
(3) Investigation of alleged violations. If the department or a licensing county department under
sub. (1m) (b) is advised or has reason to believe that any person is violating this section or the rules promulgated under
s. 50.02 (2) (am) 2., the department or the licensing county department shall make an investigation to determine the facts. For the purposes of this investigation, the department or the licensing county department may inspect the premises where the violation is alleged to occur. If the department or the licensing county department finds that the requirements of this section and of rules under
s. 50.02 (2) (am) 2. are met, the department or the licensing county department may, if the premises are not licensed, license the premises under this section. If the department or the licensing county department finds that a person is violating this section or the rules under
s. 50.02 (2) (am) 2., the department or the licensing county department may institute an action under
sub. (5). If the department takes enforcement action against an adult family home for violating this section or rules promulgated under
s. 50.02 (2) (am) 2., and the department subsequently conducts an on-site inspection of the adult family home to review the adult family home's action to correct the violation, the department may impose a $200 inspection fee on the adult family home.
50.033(4)
(4) License revocation. The license of a licensed adult family home may be revoked because of the substantial and intentional violation of this section or of rules promulgated by the department under
s. 50.02 (2) (am) 2. or because of failure to meet the minimum requirements for licensure. The operator of the licensed adult family home shall be given written notice of any revocation and the grounds for the revocation. Any adult family home licensure applicant or operator of a licensed adult family home may, if aggrieved by the failure to issue the license or by revocation, appeal under the procedures specified by the department by rule under
s. 50.02 (2) (am) 2.
50.033(5)
(5) Injunction. The department or a licensing county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437 may commence an action in circuit court to enjoin the operation of an adult family home that is not licensed under
sub. (1m) or that is licensed and has repeatedly used methods of operation in substantial violation of the rules promulgated under
s. 50.02 (2) (am) 2. or that endanger the health, safety or welfare of any adult receiving care and maintenance in an adult family home.
50.033(6)
(6) Penalties. Any person who violates this section or rules promulgated under
s. 50.02 (2) (am) 2. may be fined not more than $500 or imprisoned for not more than one year in the county jail or both.
50.033 Cross-reference
Cross-reference: See also ch.
DHS 88, Wis. adm. code.
50.034
50.034
Residential care apartment complexes. 50.034(1)(1)
Certification or registration required. 50.034(1)(a)(a) No person may operate a residential care apartment complex that provides living space for residents who are clients under
s. 46.27 (11) or
46.277 and publicly funded services as a home health agency or under contract with a county department under
s. 46.215,
46.22,
46.23,
51.42 or
51.437 that is a home health agency unless the residential care apartment complex is certified by the department under this section. The department may charge a fee, in an amount determined by the department, for certification under this paragraph. The amount of any fee charged by the department for certification of a residential care apartment complex need not be promulgated as a rule under
ch. 227.
50.034(1)(b)
(b) No person may operate a residential care apartment complex that is not certified as required under
par. (a) unless the residential care apartment complex is registered by the department.
50.034(2)
(2) Rules. The department shall promulgate all of the following rules for the regulation of certified residential care apartment complexes and for the registration of residential care apartment complexes under this section:
50.034(2)(b)
(b) Establishing standards for operation of certified residential care apartment complexes.
50.034(2)(c)
(c) Establishing minimum information requirements for registration and registration application procedures and forms for residential care apartment complexes that are not certified.
50.034(2)(d)
(d) Establishing procedures for monitoring certified residential care apartment complexes.
50.034(2)(e)
(e) Establishing intermediate sanctions and penalties for and standards and procedures for imposing intermediate sanctions or penalties on certified residential care apartment complexes and for appeals of intermediate sanctions or penalties.
50.034(2)(f)
(f) Establishing standards and procedures for appeals of revocations of certification or refusal to issue or renew certification.
50.034(3)
(3) Requirements for operation. A certified or registered residential care apartment complex shall do all of the following:
50.034(3)(a)
(a) Establish, with each resident of the residential care apartment complex, a mutually agreed-upon written service agreement that identifies the services to be provided to the resident, based on a comprehensive assessment of the resident's needs and preferences that is conducted by one of the following:
50.034(3)(a)3.
3. For residents who have private or 3rd-party funding, by the residential care apartment complex.
50.034(3)(b)
(b) Establish a schedule of fees for services to residents of the residential care apartment complex.
50.034(3)(c)
(c) Provide or ensure the provision of services that are sufficient and qualified to meet the needs identified in a resident's service agreement under
par. (a), to meet unscheduled care needs and to provide emergency assistance 24 hours a day.
50.034(3)(d)
(d) Establish, with each resident of the residential care apartment complex, a signed, negotiated risk agreement that identifies situations that could put the resident at risk and for which the resident understands and accepts responsibility.
50.034(3)(e)
(e) If a residential care apartment complex has a policy on who may accompany or visit a patient, the residential care apartment complex shall extend the same right of accompaniment or visitation to a patient's domestic partner under
ch. 770 as is accorded the spouse of a patient under the policy.
