HFS 131.14 (8) ACTION BY THE DEPARTMENT. Within 60 days after receiving a complete application for a license or for renewal of a license, the department shall either approve the application and issue a license or deny the application. The department shall deny a license to any applicant who has a history, determined under sub. (3) (b) 1. to 3., of substantial noncompliance with federal or this state's or any state's requirements, who fails under sub. (3) (b) 4. to 9. to qualify for a license, or who is found not in substantial compliance with this chapter. If the application for a license is denied, the department shall give the applicant reasons, in writing, for the denial and shall identify the process under sub. (11) for appealing the denial.

(10) SUSPENSION, OR REVOCATION OR NONRENEWAL. The department by written notice to the applicant or recipient may suspend, or revoke or refuse to renew a license if the department finds that there has been a substantial failure to comply with the requirements of ss. 50.90 to 50.98, Stats., or this chapter. The notice shall identify the violation and the statute or rule violated, and shall describe the process under sub. (11) for appealing the decision.

(11) (a) Any person aggrieved by the department's decision to deny an initial a license or the renewal of a license or to suspend or revoke a license may request a hearing on that decision under s. 227.42, Stats., which shall be limited to the issues stated as the bases for denial, suspension or revocation in the written notice under sub. (10).

SECTION 16. HFS 132.14 (6) is amended to read:

HFS 132.14 (6) TYPES OF LICENSE. (a) Probationary license. If the applicant has not been previously licensed under this chapter or if the facility is not in operation at the time application is made, the department shall issue a probationary license. A probationary license shall be valid for 12 months from the date of issuance unless sooner suspended or revoked under s. 50.03 (5), Stats. If the applicant is found to be fit and qualified under sub. (4) and in substantial compliance with this chapter, the department shall issue a regular license upon expiration of the probationary license. The regular license shall be is valid for a period of one year from date of issue indefinitely unless sooner suspended or revoked.

(b) Regular license. If the applicant has been previously licensed, the department shall issue a regular license if the applicant is found to be in substantial compliance with this chapter. A regular license shall be is valid for a period of one year from the date of isuance indefinitely unless sooner suspended or revoked.

SECTION 17. HFS 132.14 (8) is created to read:

HFS 132.14 (8) REPORTING. Every 12 months, on a schedule determined by the department, a nursing home licensee shall submit a report to the department in the form and containing the information that the department requires, including payment of the fee required under s. 50.135 (2) (a), Stats. If a complete report is not timely filed, the department shall issue a warning to the licensee. If a nursing home licensee who has not filed a timely report fails to submit a complete report to the department within 60 days after the date established under the schedule determined by the department, the department may revoke the license.

SECTION 18. HFS 132.31 (6) (e) is amended to read:

HFS 132.31 (6) (e) Summary of complaints. The facility shall attach a statement which summarizes complaints or allegations of violations of rights established under this section to an application for a new license or a renewal of its license. Such The statement shall contain the date of the complaint or allegation, the names of the persons involved, the disposition of the matter, and the date of disposition. The department shall consider the statement in reviewing the application.

SECTION 19. HSS 133.03 (5) is repealed and recreated to read:

HSS 133.03 (5) LICENSURE TERM. (a) A home health agency regular license is valid indefinitely unless suspended or revoked.

SECTION 20. HSS 133.03 (6) is repealed.

SECTION 21. HSS 133.03 (7) to (9) are renumbered HSS 133.03 (6) to (8).

SECTION 22. HFS 133.03 (9) is created to read:

HFS 133.03 (9) REPORTING. Every 12 months, on a schedule determined by the department, a licensed home health agency shall submit to the department an annual report in the form and containing the information that the department requires, including payment of the fee required under s. 50.135 (2) (a), Stats. If a complete annual report is not timely filed, the department shall issue a warning to the licensee. If a licensed home health agency that has not filed a timely report fails to submit a complete report to the department within 60 days after the date established under the schedule determined by the department, the department may revoke the license.

SECTION 23. HFS 134.14 (5) is amended to read:

HFS 134.14 (5) TYPES OF LICENSE. (a) Probationary license. If the applicant has not previously been licensed under this chapter or if the facility is not in operation at the time application is made, the department shall issue a probationary license. A probationary license shall be valid for 12 months from the date of issuance unless sooner suspended or revoked under s. 50.03 (5), Stats. If the applicant is found to be in compliance with this chapter, a regular license shall be issued for a period of one year beginning on the date of issuance of the probationary license.

(b) Regular license. If the applicant has been previously licensed, the department shall issue a regular license if the applicant is found to be in compliance with this chapter. A regular license shall be is valid for a period of one year beginning on the date of issuance indefinitely unless sooner suspended or revoked.

SECTION 24. HFS 134.14 (5m) is created to read:

HFS 134.14 (5m) ANNUAL REPORT. Every 12 months, on a schedule determined by the department, a facility for the developmentally disabled licensee shall submit a report to the department in the form and containing the information that the department requires, including payment of the fee required under s. 50.135 (2) (a), Stats. If a complete report is not timely filed, the department shall issue a warning to the licensee. If the licensee of a facility for the developmentally disabled who has not filed a timely report fails to submit a complete report to the department within 60 days after the date established under the schedule determined by the department, the department may revoke the license.

These rule changes will not affect the expenditures or revenues of state government or local governments. Although the Department of Veterans Affairs operates a nursing home and several county governments operate nursing homes, FDDs, hospitals, and home health agencies, these changes the rules are the result of statutory changes and any savings or costs from those changes were considered by the Legislature when the bill that became 1997 Wis. Act 27 was passed.

The rule changes will not affect small businesses as defined in s. 227.114 (1) (a), Stats.

The hearing sites are fully accessible to people with disabilities.

Pursuant to ss. 48.66 (1) and 48.62 (4), Stats., the Department of Health and Family Services is required to promulgate administrative rules relative to the licensing of foster homes in the State of Wisconsin. Under Title IV-E of the Social Security Act and best practices implemented in this state, these administrative rules are to be reviewed periodically and updated as necessary. The last major revisions to ch. HSS 56 occurred in 1990.

Due to the significant number of changes proposed in this revision to the rules, the Department is proposing to repeal the existing ch. HSS 56 and recreate the rules as ch. HFS 56. The primary changes to the rule include:

1) Many clarifications of previously existing requirements;

2) The creation of the Department Exceptions Panel;

3) Requirements related to the foster parent insurance program and rate setting;

4) Prohibitions on discrimination;

5) Qualitative requirements for potential foster parents;

6) Mandatory reporting of child abuse and neglect by foster parents;

7) Searches of children's belongings and living areas;

8) Restrictions of physical confinement of children;

9) The use of tobacco products by foster children; and

10) Requirements related to school attendance.

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