Amendment SA1-SB538

LRBa2016/1

TJD:jld&nwn:ph

2009 - 2010 LEGISLATURE

SENATE AMENDMENT 1, TO 2009 SENATE BILL 538

April 6, 2010 - Offered by Committee on Public Health, Senior Issues, Long-Term Care, and Job Creation.

SB538-SA1,1,1 At the locations indicated, amend the bill as follows:

SB538-SA1,1,3 1. Page 2, line 11: delete "Within 15 days after receipt by a nursing home of" and substitute "If a nursing home receives".

SB538-SA1,1,4 2. Page 2, line 12: delete "after receipt of".

SB538-SA1,1,7 3. Page 3, line 1: delete "jeopardy," and substitute "jeopardy and the violation or statement of deficiency identifies a substandard quality of care or occurrence of actual harm,".

SB538-SA1,1,10 4. Page 3, line 6: after "deficiency" insert "or a summary of the statement of deficiency prepared by the nursing home that contains the exact language used by the department in the deficient practice statement".

SB538-SA1,1,11 5. Page 3, line 18: after that line insert:

SB538-SA1,2,6 "(d) The nursing home shall provide the notice required under par. (b) to the resident and the resident's legal representative, if any, within 15 days after receipt of the written notice of the class "A" violation or the federal statement of deficiency that indicates a finding of immediate jeopardy, unless the nursing home requests from the department informal dispute resolution, as described in 42 CFR 488.331, to contest the citations. If the nursing home requests informal dispute resolution, the nursing home shall provide the notice required under par. (b) within 15 days after completion of the informal dispute resolution.".

SB538-SA1,2,7 6. Page 3, line 23: after that line insert:

SB538-SA1,2,8 " Section 3m. 50.04 (5) (a) 3. c. of the statutes is created to read:

SB538-SA1,2,10 50.04 (5) (a) 3. c. The department serves the nursing home a notice of a class "C" violation of sub. (4m) (c).".

SB538-SA1,2,11 (End)