Wisconsin Legislature: Guarantor agreements

Licensed practical nurse (L.P.N.)

A licensed practical nurse may serve as a "charge nurse" under section H 32.08(5) Wis. Adm. Code, but in so doing must avoid activities which would constitute the practice of professional nursing under sec. 441.11(2), Wis. Stats. 65-71

A licensed practical nurse may not supervise or direct other nurses or medical assistants even if he or she is employed in a nursing home and is denominated a "charge nurse." The Board of Nursing is not precluded from exercising its authority as set forth in sec. 441.01(3), Stats., and as expressed through administrative rule to determine which functions constitute the practice of professional nursing for any health care setting. The Board is, however, precluded from simply specifying job titles which can be assigned only to professional nurses. (Unpub.). 7-1982

If acting under the supervision and direction of an R.N., an L.P.N. may manage patient care and other L.P.N's or less skilled assistants; supervision does not require the immediate physical presence of the R.N. and may be fulfilled by any mechanism which insures safe nursing care. (Unpub.). 30-1982

Medication

Preparation of medication by a nurse under direction of a physician is permissible under sec. 450.04(3), Stats. Delivery of such medication to prisoners by jail attendants pursuant to instructions of the physician is permissible under sec. 450.07(2), Stats. 66-178

New baccalaureate program

The Board of Nursing has authority to accredit a new baccalaureate program even though the particular students who undertake that program are already certified as registered nurses. 68-407

NURSING HOMES

Accountability

The governing body and/or administrator of a nursing home is not accountable for the actions of nursing home patients when such patient is not physically present in the nursing home. 64-211

Administrative office space

Section 146.30(1)(a), Stats., does not prohibit nursing homes from providing adequate administrative office space to enable those nursing home employes, licensed to treat the sick, to perform their duties and responsibilities with respect to the care of patients residing therein. (Unpub.). 16-1975

Health and Social Services, Department of

Policy requirement relating to nursing home residents' freedom to choose health care provider (i.e., chiropractor) is invalid. Rule H 32.07(2)(a) and sec. 146.309, Stats. (1975), discussed. 65-178

The Department of Health and Social Services through its Board does not have statutory authority to adopt a rule requiring approval of nursing home and hospital construction on the basis of need. 62-153

Fraternal orders

Nursing homes operated by religious or fraternal orders whose policies restrict admittance thereto to members thereof, are not exempt from the provisions of sec. 146.30, Stats., and rules adopted pursuant thereto, unless they come within the provisions contained in subsec. (12m) of said statute. 63-30

Guarantor agreements

Nursing home guarantor agreements may violate section 49.49(4), Stats., after the resident becomes certified Medicaid eligible. 76-295

Licensed practical nurse

If acting under the supervision and direction of an R.N., an L.P.N. may manage patient care and other L.P.N.'s or less skilled assistants; supervision does not require the immediate physical presence of an R.N. and may be fulfilled by any mechanism which insures safe nursing care. (Unpub.). 30-1982

Medicaid and contracts for prospective residents

Discussion of federal and state law regarding the practice of requiring a prospective nursing home resident to forego medical assistance benefits for a stated period of time as a condition of admission. 75-14

Nursing home guarantor agreements may violate section 49.49(4), Stats., after the resident becomes certified Medicaid eligible. 76-295

Milwaukee County

Milwaukee County does not have authority to enact and enforce an ordinance which would establish certain rights of residents of nursing homes, group foster homes, residential care facilities and hospitals which contract for the care of residents. The State has given the Department of Health and Social Services preemptive authority over community-based residential facilities and nursing homes. 68-45

Protective placements

The responsibility for providing and funding facilities for protective placements under ch. 55, Stats., is primarily on the county. The statute does not require a county nursing home to accept such a placement. 66-249

Religion

Neither Wisconsin nor federal law prohibits a nursing home operated by a bona fide, nonprofit religious organization from giving preference in admission to members of that religion. 70-210

Nursing homes operated by religious or fraternal orders whose policies restrict admittance thereto to members thereof, are not exempt from the provisions of sec. 146.30, Stats., and rules adopted pursuant thereto, unless they come within the provisions contained in subsec. (12m) of said statute. 63-30

Richland County, bequest to Pine Valley Manor

The County Board, not the Board of Trustees, determines the disposition of a bequest made to a county institution operated pursuant to section 46.18, Stats. The County Board, acting pursuant to sections 59.07(101) and 59.75, may authorize the County Treasurer to place such a bequest in long-term investments, with the income from such investments to be expended at the institution. 73-125

Rock County Health Care Center

A county health facility may not charge for non-medical assistance services given to medical assistance patients in excess of medical assistance rates without violating section 49.49, Stats. 73-68

Village

A village has power to own and operate a home for the aged, finance the same under secs. 66.066, 66.067, Stats., and lease facility to a nonprofit corporation but probably could not lease to a profit corporation for operation. 62-226

- O -

OFFlCERS AND OFFICES

See PUBLIC OFFICIALS; COMPATIBILITY

OLD AGE ASSISTANCE

Property taxes

The general concept of allowing elderly homeowners (age sixty-five or seventy) of low and moderate income to defer repayment of money advanced to them by the State for payment of their property taxes with such loan being secured by some type of priority lien on the property involved, is constitutional. However, funds for such a program cannot be obtained through general obligation bonding within the meaning and intent of Wis. Const. art. VIII, sec. 7. The financing of such a program with revenue bonds probably would be constitutional under Wis. Const. art. VIII, secs. 3, 4, 7. (Unpub.). 13-1981

ONEIDA INDIANS