50.05(15)(c)3.
3. Any fixtures, equipment or goods used in the operation of the facility.
50.05(15)(c)4.
4. The proceeds from any conveyance of property described in subd.
1.,
2. or
3., made by the operator or controlling person within one year prior to the filing of the petition for receivership.
50.05(15)(c)5.
5. Any other property or assets of the operator or controlling person if no property or proceeds exist under subds.
1. to
4. 50.05(15)(d)
(d) The lien provided by this subsection is prior to any lien or other interest which originates subsequent to the filing of a petition for receivership under this section, except for a construction or mechanic's lien arising out of work performed with the express consent of the receiver or a lien under s.
292.31 (8) (i) or
292.81.
50.05(15)(e)
(e) The clerk of circuit court for the county in which the facility is located shall record the filing of the petition for receivership in the judgment and lien docket kept under s.
779.07 opposite the names of the operators and controlling persons named in the petition.
50.05(15)(f)
(f) The receiver shall, within 60 days after termination of the receivership, file a notice of any lien created under this subsection. No action on a lien created under this subsection may be brought more than 2 years after the date of filing. If the lien is on real property, the notice shall be filed with the clerk of circuit court of the county in which the facility is located and entered on the judgment and lien docket kept under s.
779.07. If the lien is on personal property, notice of the lien shall be filed in the same manner, form, and place as financing statements are filed under subch.
V of ch. 409 regarding debtors who are located in this state. The department of financial institutions shall file the notice of the lien in the same file as financing statements are filed under subch.
V of ch. 409. The notice shall specify the name of the person against whom the lien is claimed, the name of the receiver, the dates of the petition for receivership and the termination of receivership, a description of the property involved and the amount claimed. No lien shall exist under this section against any person, on any property, or for any amount not specified in the notice filed under this paragraph. To the extent applicable, ch.
846 controls the foreclosure of liens under this subsection that attach to real property.
50.05(16)
(16) Obligations of owners. Nothing in this section shall be deemed to relieve any owner, operator or controlling person of a facility placed in receivership of any civil or criminal liability incurred, or any duty imposed by law, by reason of acts or omissions of the owner, operator or controlling person prior to the appointment of a receiver under this section, nor shall anything contained in this section be construed to suspend during the receivership any obligation of the owner, operator or controlling person for payment of taxes or other operating and maintenance expenses of the facility nor of the owner, operator or controlling person or any other person for the payment of mortgages or liens. No owner may be held professionally liable for acts or omissions of the receiver or the receiver's employees during the term of the receivership.
50.053
50.053
Case conference. The department may hold a case conference with the parties to any contested action under this subchapter to resolve any or all issues prior to formal hearing. Unless any party to the contested case objects, the department may delay the commencement of the formal hearing in order to hold the case conference.
50.053 History
History: 1977 c. 170;
1999 a. 103.
50.06
50.06
Certain admissions to facilities. 50.06(1)(1)
In this section, “incapacitated" means unable to receive and evaluate information effectively or to communicate decisions to such an extent that the individual lacks the capacity to manage his or her health care decisions, including decisions about his or her post-hospital care.
50.06(2)
(2) An individual under sub.
(3) may consent to admission, directly from a hospital to a facility, of an incapacitated individual who does not have a valid power of attorney for health care and who has not been adjudicated incompetent in this state, if all of the following apply:
50.06(2)(a)
(a) No person who is listed under sub.
(3) in the same order of priority as, or higher in priority than, the individual who is consenting to the proposed admission disagrees with the proposed admission.
50.06(2)(am)1.1. Except as provided in subd.
2., no person who is listed under sub.
(3) and who resides with the incapacitated individual disagrees with the proposed admission.
50.06(2)(am)2.
2. Subdivision
1. does not apply if any of the following applies:
50.06(2)(am)2.a.
a. The individual who is consenting to the proposed admission resides with the incapacitated individual.
50.06(2)(am)2.b.
b. The individual who is consenting to the proposed admission is the spouse or domestic partner under ch.
770 of the incapacitated person.
50.06(2)(b)
(b) The individual for whom admission is sought is not diagnosed as developmentally disabled or as having a mental illness at the time of the proposed admission.
50.06(2)(c)
(c) A petition for guardianship for the individual under s.
54.34 and a petition under s.
55.075 for protective placement of the individual are filed prior to the proposed admission.
50.06(2)(d)
(d) The incapacitated individual does not verbally object to or otherwise actively protest the admission. If he or she makes such an objection or protest, he or she may be admitted to the facility, but the person in charge of the facility shall immediately notify the county department under s.
55.02 (2) for the county in which the individual is living or the agency with which the county department contracts. Representatives of the county department or agency shall visit the individual as soon as possible, but not later than 72 hours after notification, and do all of the following:
50.06(2)(d)1.
1. Determine whether the protest persists or has been voluntarily withdrawn and consult with the person who consented to the admission regarding the reasons for the admission.
50.06(2)(d)2.
2. Attempt to have the incapacitated individual released within 72 hours if the protest is not withdrawn and the individual does not satisfy all of the criteria under s.
55.08 (1) or
55.135 (1), and provide assistance in identifying appropriate alternative living arrangements.
50.06(2)(d)3.
3. Comply with s.
55.135 if the requirements of s.
55.135 (1) are met and emergency protective placement in that facility or another facility is necessary. The court, with the permission of the facility, may order the incapacitated individual to remain in the facility pending the outcome of the protective placement proceedings.
50.06(3)
(3) The following individuals, in the following order of priority, may consent to an admission under sub.
(2):
50.06(3)(a)
(a) The spouse or domestic partner under ch.
770 of the incapacitated individual.
50.06(3)(b)
(b) An adult son or daughter of the incapacitated individual.