165.26 History
History: 1971 c. 125 s.
522 (1);
1977 c. 29 s.
1656 (27);
1977 c. 187 s.
85; Stats. 1977 s. 165.26.
165.30
165.30
Collection of delinquent obligations. 165.30(1)(b)
(b) "Obligation" includes any amount payable to the state, including accounts, charges, claims, debts, fees, fines, forfeitures, interest, judgments, loans, penalties and taxes.
165.30(2)
(2) Bankruptcy cases. The department of justice shall monitor bankruptcy cases filed in bankruptcy courts in this state and other states, notify departments that may be affected by those bankruptcy cases, and represent the interests of the state in bankruptcy cases and related adversary proceedings.
165.30(3)(a)(a) All obligations collected by the department of justice under this section shall be paid to the secretary of administration and deposited in the appropriate fund.
165.30(3)(b)
(b) From the amount of obligations collected by the department of justice under this section, the secretary of administration shall credit an amount equal to the reasonable and necessary expenses incurred by the department of justice related to collecting those obligations to the appropriation account under
s. 20.455 (1) (gs).
165.30 History
History: 1995 a. 27;
2003 a. 33.
165.40
165.40
Acquisition of hospitals. 165.40(1)(a)
(a) "Acquisition" means the long-term leasing of a hospital or a system of hospitals, or the acquiring by a person of an ownership or controlling interest in a hospital or a system of hospitals that results in one of the following:
165.40(1)(a)2.
2. Possession by the person of at least 50% ownership or control.
165.40(1)(am)
(am) "Department" means the department of health services.
165.40(1)(c)
(c) "Local agency" means an agency of a county, city, village or town.
165.40(1)(dm)
(dm) "Office" means the office of the commissioner of insurance.
165.40(1)(e)
(e) "Person" means an individual, sole proprietorship, partnership, association, limited liability company, corporation or joint stock company, lessee, trustee or receiver.
165.40(1)(f)
(f) "State agency" has the meaning given in
s. 16.004 (12) (a), except that it includes the University of Wisconsin Hospitals and Clinics Authority.
165.40(2)
(2) Prohibition; approval required. 165.40(2)(a)(a) Except as provided in
sub. (5), no person may engage in the acquisition of a hospital or a system of hospitals owned by any of the following unless the person has first received review and approval of an application concerning the acquisition under this section from the attorney general, the office and the department:
165.40(2)(a)5.
5. The University of Wisconsin Hospitals and Clinics Authority.
165.40(2)(b)
(b) If the proposed acquisition under this subsection is for a system of hospitals, the person who proposes to engage in the acquisition shall provide notice of the impending acquisition to the attorney general, to the office and to the department at least 30 days before the offer to purchase or lease is made. The attorney general shall, within 5 days after receipt of the notice, determine and notify the person as to whether a single application for the system or an application for each hospital within the system shall be submitted for review. If the attorney general determines that an application for each hospital within the system shall be submitted, no submitted application is complete until all complete applications for the hospitals within the system are submitted to the attorney general, to the office and to the department.
165.40(3)
(3) Application review by the attorney general, the office and the department; procedures. 165.40(3)(a)(a) An application for review by the attorney general, the office and the department that is required under
sub. (2) shall, at the time the offer to purchase or lease is made, be submitted to the attorney general, to the office and to the department on a form that is provided by the attorney general. The application shall include all of the following:
165.40(3)(a)2.
2. The name of the purchaser or lessee and, if applicable, other parties to the acquisition.
165.40(3)(a)6.
6. A financial and economic analysis and report by an independent expert or consultant of the effect of the acquisition under the standards specified in
sub. (4).
165.40(3)(b)
(b) An application and all documents related to the application, as specified in
par. (a), are public records for the purposes of
subch. II of ch. 19.
165.40(3)(c)1.1. Within 5 working days after receipt of a completed application under
par. (a), the attorney general shall do all of the following:
165.40(3)(c)1.a.
a. Have notice of the application published as a class 2 notice, under
ch. 985, in a newspaper having general circulation in the community or communities in which the hospital or system of hospitals to be sold or leased is located.
165.40(3)(c)1.b.
b. Notify by 1st class mail any person who has requested that the attorney general provide notice of the filing of hospital acquisition review applications.
165.40(3)(c)2.
2. Notice or a notification under
subd. 1. shall state all of the following:
165.40(3)(c)2.a.
a. That a hospital acquisition review application has been received.
165.40(3)(c)2.c.
c. The contents of the hospital acquisition review application.
165.40(3)(c)2.d.
d. The date by which a person may submit written comments about the hospital acquisition review application to the attorney general.
165.40(3)(c)2.e.
e. That a public meeting will be held on the acquisition proposed by the application, the time and location of the meeting and the fact that any person may file written comments or exhibits for the meeting or may appear and make a statement at the meeting.
165.40(3)(d)
(d) Not later than 30 days after receipt of a completed application under
sub. (2) (a), or as soon as practicable but not more than 120 days after receipt of a completed application under
sub. (2) (b), and after giving 10 working days' notice, the attorney general shall hold a public meeting at a location that, at a minimum, is in the community served by the hospital, on the acquisition proposed by the application. If the proposed acquisition is for a system of hospitals, a public meeting shall be held in each community served by the system. Any person may file written comments or exhibits for the meeting or may appear and make a statement at the meeting.
165.40(3)(e)
(e) The attorney general shall establish and maintain a summary of written and oral comments made for or at the public meeting, including all questions posed, and shall require answers of the appropriate parties. The attorney general shall in an expeditious manner provide the office and the department with a copy of the summary and answers. The summary and answers shall be filed in the office of the attorney general and in the public library of the public library system for the community served by the hospital and a copy shall be available upon request to the attorney general.
165.40(3)(f)
(f) The attorney general may subpoena additional information or witnesses, require and administer oaths, require sworn statements, take depositions and use related discovery procedures for purposes of the meeting under
par. (d) and otherwise during performance of a review under this subsection. The attorney general shall in an expeditious manner provide the office and the department with copies of any information obtained by the attorney general under this paragraph.
165.40(3)(g)
(g) The attorney general shall provide the office and the department with any information about the application that is in addition to that which the attorney general has previously provided the office and the department. Within 60 days after receipt of a completed application under
sub. (2) (a) or as soon as practicable but not more than 150 days after receipt of a completed application under
sub. (2) (b), the attorney general, the office and the department shall each independently review the application in accordance with the standards specified in
sub. (4) and shall approve or disapprove the application. The attorney general, the office and the department may not make a decision under this paragraph based on any condition that is not directly related to the standards under
sub. (4). The attorney general, the office and the department shall jointly agree on a single release date for the decisions each has made under this paragraph and shall release their decisions on that date.
165.40(3)(h)
(h) If the attorney general, the office or the department disapproves an application under
par. (g), any of the following may bring an action in circuit court for a declaratory judgment under
s. 806.04 as to whether the proposed acquisition meets the standards under
sub. (4):
165.40(3)(h)2.
2. Any person who submitted comments under
par. (d) and who has a legal interest in a hospital for which acquisition is proposed or in another hospital that has contracted for the provision of essential health services with the hospital for which acquisition is proposed.
165.40(4)
(4) Application review by the attorney general, the office and the department; standards. The attorney general shall approve an application if he or she finds and the office and the department shall approve an application if the office or the department finds that the following standards are met:
165.40(4)(a)
(a) That the acquisition is permitted under
ch. 181 or any other statute that governs nonprofit entities.
165.40(4)(b)
(b) That the hospital exercised due diligence in deciding to sell or lease, selecting the purchaser or lessee and negotiating the terms and conditions of the sale or lease.
165.40(4)(c)
(c) That the procedure used by the seller or lessor in making its decision to sell or lease was adequate, including whether the seller or lessor used appropriate expert assistance. The attorney general may employ, at the purchaser's or lessee's expense, reasonably necessary expert assistance in considering evidence under this paragraph.
165.40(4)(d)
(d) That conflict of interest was disclosed, including conflicts of interest related to members of the board of directors of, executives of or experts retained by the seller or lessor, the purchaser or lessee or other parties to the acquisition.
165.40(4)(e)
(e) That charitable funds are not placed at unreasonable risk, if the acquisition is a sale that is financed in part by the seller.
165.40(4)(f)
(f) That any management contract under the acquisition is for reasonably fair value.
165.40(4)(g)
(g) That the sale or rental proceeds will be used for appropriate charitable health care purposes, including health promotion, in the community affected by the acquisition and that the proceeds will be controlled as charitable funds independently of the purchaser or parties to the acquisition.
165.40(4)(h)
(h) That, if the hospital is sold, a right of first refusal is retained to repurchase the assets by a successor nonprofit corporation, by the city, county or state or by the University of Wisconsin Hospitals and Clinics Authority if the hospital is subsequently sold to, acquired by or merged with another entity.
165.40(5)
(5) Exemptions. The acquisition, by one of the following, of a hospital or system of hospitals owned by a nonprofit corporation is exempt from the application of this section:
165.40(5)(c)
(c) Another nonprofit corporation, to which all of the following apply:
165.40(5)(c)1.
1. The nonprofit corporation has a charitable health care purpose that is substantially similar to the corporation that owns the hospital or system of hospitals.
165.40(5)(c)2.
2. The nonprofit corporation is an organization described in section
501 (c) (3) of the Internal Revenue Code that is exempt from federal income tax under section
501 (a) of the Internal Revenue Code.
165.40(5)(c)3.
3. The nonprofit corporation maintains on the board of directors of the acquired hospital or system of hospitals representation from the community affected by the acquisition.
165.40(6)
(6) Denial, suspension or revocation of certificate of approval. 165.40(6)(a)(a) No certificate of approval to maintain a hospital may be issued under
s. 50.35 and a certificate of approval that has been issued under that section shall be suspended or revoked if any of the following occurs:
165.40(6)(a)1.
1. Acquisition of a hospital that is subject to
sub. (2) is made without approval by the attorney general, the office or the department.
165.40(6)(a)2.
2. Acquisition of a hospital that is subject to
sub. (2) is made after the attorney general, the office or the department has disapproved an application for the acquisition under
sub. (4) and, if an action under
s. 806.04 is brought, after a judicial determination is made under
s. 806.04 that the proposed acquisition does not meet the standards specified in
sub. (4) (a) to
(h).
165.40(6)(b)
(b) If the attorney general or the office is aware that a violation of
par. (a) 1. or
2. has occurred, the attorney general or the office shall notify the department for appropriate action under
s. 50.35.
165.40(7)
(7) Attorney general; authority. Nothing in this section or in
s. 50.35 limits the authority of the attorney general to act with respect to an acquisition, including the authority of the attorney general to act under
15 USC 26,
ch. 133 or other state law.
165.50
165.50
Criminal investigation. 165.50(1)
(1) The department of justice shall perform the following criminal investigatory functions for the state:
165.50(1)(a)
(a) Investigate crime that is statewide in nature, importance or influence.
165.50(2)
(2) Special criminal investigation agents of the department shall have the same general police powers as are conferred upon peace officers.
165.50(3)
(3) Except as provided in
s. 20.001 (5), all moneys received as restitution payments reimbursing the department of justice for moneys expended in undercover investigations and operations shall be deposited as general purpose revenue — earned.
165.51
165.51
State fire marshal. The attorney general shall designate an employee as the state fire marshal.
165.51 History
History: 1977 c. 260;
1985 a. 29.
