LRBs0148/2
RLR:bjk:md
2009 - 2010 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 259
January 28, 2010 - Offered by Committee on Aging and Long-Term Care.
AB259-ASA1,1,5 1An Act to renumber and amend 50.033 (6); to amend 50.035 (11) (a); and to
2create
50.033 (2r), 50.033 (6) (b), 50.035 (10g), 50.04 (2x) and 50.063 of the
3statutes; relating to: requirements for residential facilities that provide or
4promote themselves as providing specialized care for persons who have
5Alzheimer's disease or related dementia and providing penalties.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Health Services (DHS) licenses various
types of residential care facilities, including nursing homes, community-based
residential facilities (CBRFs), and adult family homes at which nursing home care
may be provided (AFHs). This substitute amendment requires a nursing home,
CBRF, or AFH that provides, or promotes itself as providing, specialized
programming or a specialized unit for persons who have Alzheimer's disease or
related dementia to produce a document describing the specialized programming or
unit. The substitute amendment requires that the nursing home, CBRF, or AFH
provide a copy of the document to every person seeking placement at the nursing
home, CBRF, or AFH, as well as to DHS and the long-term care ombudsman. The
substitute amendment further requires that a nursing home, CBRF, or AFH identify

any fees specific to the specialized programming or unit and provide residents at
least 30 days' notice before increasing these fees.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB259-ASA1, s. 1 1Section 1. 50.033 (2r) of the statutes is created to read:
AB259-ASA1,2,72 50.033 (2r) Specialized services for Alzheimer's disease or dementia. An
3adult family home that provides specialized programming or a specialized unit for
4persons who have Alzheimer's disease or related dementia or that advertises,
5markets, or otherwise promotes itself as providing specialized programming or a
6specialized unit for persons who have Alzheimer's disease or related dementia shall
7comply with s. 50.063.
AB259-ASA1, s. 2 8Section 2. 50.033 (6) of the statutes is renumbered 50.033 (6) (a) and amended
9to read:
AB259-ASA1,2,1210 50.033 (6) (a) Any Except as provided under par. (b), any person who violates
11this section or rules promulgated under s. 50.02 (2) (am) 2. may be fined not more
12than $500 or imprisoned for not more than one year in the county jail or both.
AB259-ASA1, s. 3 13Section 3. 50.033 (6) (b) of the statutes is created to read:
AB259-ASA1,2,1614 50.033 (6) (b) Any person who violates sub. (2r) and fails to correct the violation
15after the department notifies the person of the violation, or any person who commits
16a second violation of sub. (2r), is subject to a forfeiture not to exceed $100.
AB259-ASA1, s. 4 17Section 4. 50.035 (10g) of the statutes is created to read:
AB259-ASA1,3,218 50.035 (10g) Specialized services for Alzheimer's disease or dementia. A
19community-based residential facility that provides specialized programming or a
20specialized unit for persons who have Alzheimer's disease or related dementia or
21that advertises, markets, or otherwise promotes itself as providing specialized

1programming or a specialized unit for persons who have Alzheimer's disease or
2related dementia shall comply with s. 50.063.
AB259-ASA1, s. 5 3Section 5. 50.035 (11) (a) of the statutes is amended to read:
AB259-ASA1,3,94 50.035 (11) (a) Whoever violates sub. (4m) or (4n) or rules promulgated under
5sub. (4m) or (4n) may be required to forfeit not more than $500 for each violation.
6A community-based residential facility that violates sub. (10g) and fails to correct
7the violation after the department notifies the community-based residential facility
8of the violation, or a community-based residential facility that commits a second
9violation of sub. (10g), may be required to forfeit not more than $100.
AB259-ASA1, s. 6 10Section 6. 50.04 (2x) of the statutes is created to read:
AB259-ASA1,3,1611 50.04 (2x) Specialized services for Alzheimer's disease or dementia. (a) A
12nursing home that provides specialized programming or a specialized unit for
13persons who have Alzheimer's disease or related dementia or that advertises,
14markets, or otherwise promotes itself as providing specialized programming or a
15specialized unit for persons who have Alzheimer's disease or related dementia shall
16comply with s. 50.063.
AB259-ASA1,3,1717 (b) A violation of par. (a) is a class "C" violation under sub. (4) (b) 3.
AB259-ASA1, s. 7 18Section 7. 50.063 of the statutes is created to read:
AB259-ASA1,3,22 1950.063 Information regarding specialized care for persons with
20Alzheimer's disease.
(1) Notwithstanding s. 50.01 (1m), in this section "facility"
21means an adult family home under s. 50.01 (1) (b), a community-based residential
22facility, or a nursing home.
AB259-ASA1,4,3 23(2) A facility that provides specialized programming or a specialized unit for
24persons who have Alzheimer's disease or related dementia or that advertises,
25markets, or otherwise promotes itself as providing specialized programming or a

1specialized unit for persons who have Alzheimer's disease or related dementia shall
2produce a written document that includes a description or identification of all of the
3following:
AB259-ASA1,4,54 (a) The facility's approach to the care and treatment of persons who have
5Alzheimer's disease or related dementia.
AB259-ASA1,4,96 (b) The facility's criteria for determining who may participate in its specialized
7programming for persons who have Alzheimer's disease or related dementia and its
8criteria for determining who may reside in its specialized unit for persons who have
9Alzheimer's disease or related dementia.
AB259-ASA1,4,1410 (c) The facility's process for assessing a person who has Alzheimer's disease or
11related dementia and the facility's process for establishing a plan of care for a person
12who has Alzheimer's disease or related dementia, including a description of how the
13facility accounts for future changes in the person's condition in establishing a plan
14of care.
AB259-ASA1,4,1715 (d) The credentials, including training specific to Alzheimer's disease or related
16dementia, for facility staff who work with persons who have Alzheimer's disease or
17related dementia and the job descriptions, duties, and availability of those staff.
AB259-ASA1,4,2018 (e) The facility's physical environment and design and security features that
19specifically address the needs of persons who have Alzheimer's disease or related
20dementia.
AB259-ASA1,5,221 (f) The type and frequency of programs and activities that the facility provides
22to persons who participate in the facility's specialized programming for persons who
23have Alzheimer's disease or related dementia and to persons who reside in the
24specialized unit for persons who have Alzheimer's disease or related dementia, how

1the programs and activities address the special needs of the persons, and how the
2facility incorporates the persons' life stories into the programs and activities.
AB259-ASA1,5,43 (g) Any fees specific to the specialized program or specialized unit for persons
4who have Alzheimer's disease or a related dementia.
AB259-ASA1,5,75 (h) A statement that the facility will not increase any fee identified under par.
6(g) without providing residents written notice of the fee increase 30 days before the
7fee increase is effective.
AB259-ASA1,5,9 8(3) A facility that is required to produce a document under sub. (2) shall provide
9a copy of the document to all of the following:
AB259-ASA1,5,1010 (a) The secretary of health services, upon request.
AB259-ASA1,5,1211 (b) The long-term care ombudsman under s. 16.009, when the facility
12completes or updates the document.
AB259-ASA1,5,1413 (c) Each person seeking placement at the facility, before the person enters into
14a placement agreement with the facility.
AB259-ASA1,5,17 15(4) A facility that is required to produce a document under sub. (2) shall update
16the document whenever there are substantial changes to the information included
17in the document.
AB259-ASA1,5,20 18(5) A facility that is required to produce a document under sub. (2) shall provide
19residents at least 30 days' notice before increasing any fee that the facility is required
20to identify under sub. (2) (g).
AB259-ASA1,5,23 21(6) Notwithstanding ss. 50.03 (5) and (5g) and 50.033 (4), failure to comply with
22sub. (2), (3), (4), or (5) is not grounds to suspend or revoke a license issued under s.
2350.03 or 50.033 or to impose a sanction under s. 50.03 (5g) (b) 7.
AB259-ASA1,5,25 24(7) A facility's failure to comply with a provision of the document the facility
25produces under sub. (2) is not in itself a violation of this chapter.
AB259-ASA1, s. 8
1Section 8. Effective date.
AB259-ASA1,6,32 (1) This act takes effect on the first day of the 7th month beginning after
3publication.
Loading...
Loading...