647.04(7)(a) (a) The opportunity for any resident to submit a written grievance in any form.
647.04(7)(b) (b) Prompt investigation of the grievance and its cause, and a hearing in situations in which one is needed.
647.04(7)(c) (c) Participation in the procedure by one or more individuals who are authorized by the provider to take corrective action.
647.04(7)(d) (d) Participation in the procedure by one or more residents in addition to the resident who submitted the grievance.
647.04(7)(dm) (dm) Participation by residents in the establishment of and the vote to elect members of a grievance panel that shall consist entirely of residents of the facility, shall present grievances on behalf of a resident to the facility's staff or administrator, to public officials or to any other person without fear of reprisal, and that shall join with other residents or individuals within or outside of the facility to work for improvements in resident care.
647.04(7)(e) (e) Notification to the resident who submitted the grievance of the disposition of his or her grievance and any corrective action that was ordered.
647.04(8) (8)Inform the commissioner of any proposed transfer of property if the total amount that would be transferred during any 12-month period exceeds 10 percent of the provider's assets.
647.04(9) (9)Comply with all applicable rules promulgated by the commissioner.
647.04 History History: 1983 a. 358; 1985 a. 29; 1989 a. 359; 2007 a. 20.
647.05 647.05 Continuing care contract provisions.
647.05(1m)(1m)A provider may not enter into a continuing care contract unless the contract:
647.05(1m)(a) (a) Is coherent, written in commonly understood language, legible, appropriately divided and captioned and presented in a meaningful manner. Each provider shall submit to the commissioner a copy of the form of the continuing care contract within 30 days after any change is made in that continuing care contract.
647.05(1m)(b) (b) Specifies what services are provided to the resident under the continuing care contract and what services are provided at an additional cost to the resident.
647.05(1m)(c) (c) Contains information about the status of a resident's claim against the facility's assets if the facility were to be liquidated.
647.05(1m)(d) (d) Includes a refund schedule.
647.05(1m)(e) (e) Specifies the circumstances and consequences of termination of the contract by either the provider or the resident.
647.05(1m)(f) (f) Provides that if a resident dies or the continuing care contract is terminated prior to occupancy or within the first 30 days after occupancy, the provider will refund at least the entrance fee less the cost of any reasonable refurbishing and less the cost of any care actually received by the resident that was not included in other charges by the provider.
647.05(1m)(g) (g) Provides that if a resident dies or the continuing care contract is terminated after the first 30 days of occupancy, but within the first 90 days of occupancy, the provider will refund at least 90 percent of the amount computed under par. (f).
647.05(1m)(h) (h) Provides that if the resident terminates the continuing care contract after the first 90 days of occupancy, the provider will refund to the resident a portion of the resident's entrance fee that is no less than the amount of refund indicated on the refund schedule that is in effect under the terms of the resident's continuing care contract.
647.05(1m)(i) (i) Provides that if the provider terminates the continuing care contract after the first 90 days of occupancy for reasons other than willful violation of the continuing care contract by the resident, the provider will refund to the resident a portion of the resident's entrance fee that is no less than the amount determined by subtracting the quotient of the resident's actual length of stay divided by the actual or projected average length of stay of residents in the facility from 1.0 and multiplying the result obtained by the resident's entrance fee, as those figures are specified in the resident's continuing care contract. This subsection does not apply if the provider terminates the continuing care contract because of the death of the resident.
647.05(2m) (2m)Subject to s. 49.455, a continuing care contract may require that, before a resident applies for medical assistance, the resident must spend on his or her care the resources declared for purposes of admission to the facility.
647.05 History History: 1983 a. 358; 2007 a. 20.
647.06 647.06 Receivership or liquidation.
647.06(1)(1)A petition for appointment of a receiver or liquidator for a facility may be filed by a resident, a resident's guardian or the commissioner in the circuit court for the county in which the facility is located. If the court determines, after notice to the provider and a hearing, that a provider is not able to meet the terms of its continuing care contracts and other obligations, the court may appoint a receiver or liquidator and may set forth the powers, duties, compensation and liabilities of the receiver or liquidator.
647.06(2) (2)Any provider who voluntarily seeks to liquidate a facility shall notify the commissioner in advance.
647.06 History History: 1983 a. 358.
647.07 647.07 Penalties. Any provider who intentionally violates this chapter or rules promulgated under this chapter or who submits an application for a permit under s. 647.02 that intentionally contains a misstatement of fact is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months or both.
647.07 History History: 1983 a. 358.
647.08 647.08 Inapplicable. This chapter does not apply to a provider that operates a facility that is created by and operated in accordance with a will and that is under the continuing supervision of a circuit court.
647.08 History History: 1983 a. 358.
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2017-18 Wisconsin Statutes updated through 2019 Wis. Act 69 and through all Supreme Court and Controlled Substances Board Orders filed before and in effect on January 3, 2020. Published and certified under s. 35.18. Changes effective after January 3, 2020, are designated by NOTES. (Published 1-3-20)