AB150,1135,115 50.037 (2) (c) A community-based residential facility that wishes to renew a
6license issued under s. 50.03 (4) (a) 1. b. and that fails to submit the annual biennial
7fee prior to the renewal date of the license, or a new community-based residential
8facility subject to this section that fails to submit the annual biennial fee by 30 days
9prior to the opening of the new community-based residential facility, shall pay an
10additional fee of $10 per day for every day after the deadline that the facility does not
11pay the fee.

AB150,1135,1613 50.037 (3) Exemption. Community-based residential facilities where the total
14monthly charges for each resident do not exceed the monthly state supplemental
15payment rate under s. 49.177 (3s) 49.77 (3s) that is in effect at the time the fee under
16sub. (2) is assessed are exempt from this section.

AB150,1136,218 50.05 (10) Contingency fund. If funds collected under subs. (7) and (8) are
19insufficient to meet the expenses of performing the powers and duties conferred on
20the receiver by this section, or if there are insufficient funds on hand to meet those
21expenses, the department may draw from the supplemental funds fund created
22under s. 20.435 (1) (dm) and (6) (dm) to pay those the expenses associated with the
23receivership of a nursing home. Operating funds collected under this section and not
24applied to the expenses of the receivership, except for the amount of a security, if any

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1is required under sub. (14m), shall be used to reimburse the fund for advances made
2under this section.

AB150,1136,194 50.05 (15) (f) The receiver shall, within 60 days after termination of the
5receivership, file a notice of any lien created under this subsection. No action on a
6lien created under this subsection may be brought more than 2 years after the date
7of filing. If the lien is on real property, the notice shall be filed with the clerk of circuit
8court of the county in which the facility is located and entered on the lien docket kept
9under s. 779.07. If the lien is on personal property, the lien shall be filed with the
10secretary of state department of financial institutions. The secretary of state
11department of financial institutions shall place the lien on personal property in the
12same file as financing statements are filed under ss. 409.401 and 409.402. The notice
13shall specify the name of the person against whom the lien is claimed, the name of
14the receiver, the dates of the petition for receivership and the termination of
15receivership, a description of the property involved and the amount claimed. No lien
16shall exist under this section against any person, on any property, or for any amount
17not specified in the notice filed under this paragraph. To the extent applicable, ch.
18846 controls the foreclosure of liens under this subsection that attach to real
19property.

AB150,1136,2521 50.135 (1) Definition. In this section, "inpatient health care facility" means
22any hospital, nursing home, county home, county mental hospital, tuberculosis
23sanatorium or other place licensed or approved by the department under ss. 49.14,
2449.16, 49.171, 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073
25and 252.076, but does not include community-based residential facilities.

AB150,1137,52 50.135 (2) (c) The fees collected under par. (a) shall be credited to the
3appropriation under s. 20.435 (1) (gm) for health planning and cost containment
4activities and to the appropriation under s. 20.488 (1) (g) licensing, review and
5certifying activities.

AB150,1137,207 50.36 (1) The department shall promulgate, adopt, amend and enforce such
8rules and standards for hospitals for the construction, maintenance and operation
9of the hospitals deemed necessary to provide safe and adequate care and treatment
10of the patients in the hospitals and to protect the health and safety of the patients
11and employes; and nothing contained herein shall pertain to a person licensed to
12practice medicine and surgery or dentistry. The building codes and construction
13standards of the department of industry, labor and human relations development
14shall apply to all hospitals and the department may adopt additional construction
15codes and standards for hospitals, provided they are not lower than the requirements
16of the department of industry, labor and human relations development. Except for
17the construction codes and standards of the department of industry, labor and
18human relations development and except as provided in s. 50.39 (3), the department
19shall be the sole agency to adopt and enforce rules and standards pertaining to
20hospitals.

AB150,1138,223 50.36 (2) (a) The department may shall conduct plan reviews of all capital
24construction and remodeling projects of hospitals to ensure that the plans comply

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1with building code requirements under ch. 101 and with physical plant requirements
2under this chapter or under rules promulgated under this chapter.

AB150,1138,8 3(b) The department shall promulgate rules that establish a fee schedule for its
4services in conducting the plan reviews under par. (a). The schedule established
5under these rules shall set fees for hospital plan reviews in amounts that are less
6than the sum of the amounts required on September 30, 1995, for fees under this
7subsection and for fees for examination of hospital plans under s. 101.19 (1) (a), 1993
8stats.

AB150,1138,1810 50.39 (3) Facilities governed by ss. 45.365, 48.62, 49.14, 49.171, 49.70, 49.72,
1150.02, 51.09, 58.06, 252.073, 252.076 and 252.10, secured correctional facilities as
12defined in s. 48.02 (15m), correctional institutions governed by the department of
13corrections under s. 301.02 and the offices and clinics of persons licensed to treat the
14sick under chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32
15to 50.39 do not abridge the rights of the medical examining board, physical therapists
16affiliated credentialing board, dentistry examining board, pharmacy examining
17board, chiropractic examining board and board of nursing in carrying out their
18statutory duties and responsibilities.

AB150,1138,24 2450.50 Definitions. In this subchapter:

AB150,1138,25 25(1) "Ambulatory surgery center" has the meaning given in s. 49.45 (6r) (a) 1.

AB150,1139,2

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1(2) "End-stage renal disease services" has the meaning given under 42 CFR
2405.2102.

AB150,1139,3 3(3) "Health care services" means any of the following:

AB150,1139,44 (a) Care that is provided in or by any of the following:

AB150,1139,55 1. A hospital.

AB150,1139,66 2. A nursing home.

AB150,1139,77 3. A hospice.

AB150,1139,88 4. A rural health clinic.

AB150,1139,99 5. An ambulatory surgery center.

AB150,1139,1010 (b) Home health services.

AB150,1139,1111 (c) Outpatient physical therapy services.

AB150,1139,1212 (d) End-stage renal disease services.

AB150,1139,1313 (e) Services that are specified in rules that the department promulgates.

AB150,1139,14 14(4) "Home health services" has the meaning given in s. 50.49 (1) (b).

AB150,1139,15 15(5) "Hospice" has the meaning given in s. 50.90 (1).

AB150,1139,16 16(6) "Hospital" has the meaning given in s. 50.33 (2) (a) or (b).

AB150,1139,17 17(7) "Medicare" has the meaning given in s. 49.45 (3) (L) 1. b.

AB150,1139,19 18(8) "Outpatient physical therapy services" has the meaning given under 42
19USC 1395x (p).

AB150,1139,21 20(9) "Patient" means an individual who receives services from a rural medical
21center.

AB150,1139,22 22(10) "Rural health clinic" has the meaning given under 42 USC 1395x (aa) (2).

AB150,1139,24 23(11) "Rural medical center" means a facility, building, structure, institution or
24place that meets all of the following conditions:

AB150,1140,2

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1(a) Provides 2 or more health care services through the facility, building,
2structure, institution or place or through a related corporate entity.

AB150,1140,53 (b) Is located in a county, city, town or village that has a population of less than
415,000 and that is in an area that is not an urbanized area, as defined by the federal
5bureau of the census.

AB150,1140,6 650.51 Departmental powers. The department shall do all of the following:

AB150,1140,8 7(1) Provide uniform, statewide licensing, inspection and regulation of rural
8medical centers as specified in this subchapter.

AB150,1140,9 9(2) Promulgate rules that establish all of the following:

AB150,1140,1210 (a) For the operation of rural medical centers, standards that are designed to
11protect and promote the health, safety, rights and welfare of patients who receive
12health care services in rural medical centers.

AB150,1140,1413 (b) Minimum requirements for issuance of a provisional license, an initial
14regular license or a regular license renewal to rural medical centers.

AB150,1140,1715 (c) Provisional rural medical center licensure fees and regular rural medical
16center initial licensure and licensure renewal fees. The amounts of the fees shall be
17based on the health care services provided by the rural medical center.

AB150,1140,1918 (d) A procedure and criteria for waiver of or variance from standards under par.
19(a) or minimum requirements under par. (b).

AB150,1140,23 2050.52 Licensing procedure and requirements. (1) No person may
21conduct, maintain, operate or permit to be conducted, maintained or operated health
22care services at a rural medical center unless the rural medical center is licensed by
23the department.

AB150,1141,3

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1(2) The department shall issue a provisional license, an initial regular license
2or a regular license renewal as a rural medical center to an applicant if all of the
3following are first done:

AB150,1141,64 (a) The applicant pays the appropriate license fee, as established under s. 50.51
5(2) (c). Fees collected under this paragraph shall be credited to the appropriation
6under s. 20.435 (1) (gm) for licensing and inspection activities.

AB150,1141,107 (b) Except as provided in par. (c), the department inspects the health care
8services provided by the applying rural medical center and finds that the applicant
9is fit and qualified and meets the requirements and standards of this subchapter and
10the rules promulgated under this subchapter.

AB150,1141,1511 (c) In lieu of conducting the inspection under par. (b), the department accepts
12evidence that an applicant has applicable current, valid licensure or certification as
13a hospital, a nursing home, a hospice, an adult family home, a community-based
14residential facility, a rural health clinic or a home health agency or has an agreement
15to participate in medicare as an ambulatory surgery center.

AB150,1141,18 16(3) Each license shall bear the name of the owner of the rural medical center,
17the name and address of the rural medical center and the health care services that
18the department authorizes the rural medical center to provide.

AB150,1141,22 19(4) Unless sooner revoked or suspended, an initial regular license or a regular
20license renewal issued to a rural medical center is valid for 24 months from the date
21of issuance and a provisional license issued to a rural medical center is valid for 6
22months from the date of issuance.

AB150,1141,24 23(5) Each license shall be issued only for the rural medical center and owner that
24are named in the license application and may not be transferred or assigned.

AB150,1142,3

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150.53 Inspections and investigations. (1) The department may conduct
2unannounced inspections or investigations of a rural medical center as the
3department considers necessary.

AB150,1142,7 4(2) A rural medical center that is inspected or investigated under this section
5shall provide the department with access to patient health care records, regardless
6of the source of patient health care payment, to fulfill the purpose of any inspections
7or investigations that the department conducts.

AB150,1142,12 850.54 Prohibitions. (1) An entity that is not licensed as a rural medical
9center under this subchapter may not designate itself as a "rural medical center" or
10use the phrase "rural medical center" to represent or tend to represent the entity as
11a rural medical center or services provided by the entity as health care services
12provided by a rural medical center.

AB150,1142,13 13(2) No person may do any of the following:

AB150,1142,1614 (a) Intentionally prevent, interfere with or impede an investigation by the
15department of an alleged violation or enforcement by the department of a
16requirement of this subchapter or the rules promulgated under this subchapter.

AB150,1142,1817 (b) Intentionally retaliate or discriminate against a patient or rural medical
18center employe for doing any of the following:

AB150,1142,2019 1. Contacting or providing information to a state agency, as defined in s. 16.004
20(12) (a).

AB150,1142,2221 2. Initiating, participating in or testifying in an action to enforce any provision
22of this subchapter or rules promulgated under this subchapter.

AB150,1142,2523 (c) Intentionally destroy or modify the original report of an inspection that the
24department conducts under this subchapter or the rules promulgated under this
25subchapter.

AB150,1143,4

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150.55 Penalties and remedies. (1) Forfeitures. (a) Any person who
2violates this subchapter or any rule promulgated under this subchapter, except s.
350.54 (2), may be required to forfeit not less than $100 nor more than $500 for each
4offense. Each day of continued violation constitutes a separate offense.

AB150,1143,75 (b) In determining whether a forfeiture is to be imposed and in fixing the
6amount of the forfeiture to be imposed, if any, for a violation, the department shall
7consider all of the following factors:

AB150,1143,88 1. The gravity of the violation.

AB150,1143,99 2. Good faith exercised by the licensee.

AB150,1143,1010 3. Any previous violations committed by the licensee.

AB150,1143,1211 4. The financial benefit to the rural medical center of committing or continuing
12to commit the violation.

AB150,1143,1813 (c) The department may directly assess forfeitures provided for under par. (a).
14If the department determines that a forfeiture should be assessed for a particular
15violation or for failure to correct it, the department shall send a notice of assessment
16to the rural medical center. The notice shall specify the amount of the forfeiture
17assessed, the violation, and the statute or rule alleged to have been violated, and
18shall inform the licensee of the right to a hearing under par. (d).

AB150,1143,2419 (d) A rural medical center may contest an assessment of forfeiture by sending,
20within 10 days after receipt of notice under par. (c), a written request for hearing
21under s. 227.44 to the division of hearings and appeals under s. 15.103 (1). The
22division shall commence the hearing within 30 days after receipt of the request for
23hearing and shall issue a final decision within 15 days after the close of the hearing.
24Proceedings before the division are governed by ch. 227.

AB150,1144,5

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1(e) All forfeitures shall be paid to the department within 10 days after receipt
2of notice of assessment or, if the forfeiture is contested under par. (d), within 10 days
3after receipt of the final decision, unless the final decision is appealed and the
4decision is in favor of the appellant. The department shall remit all forfeitures paid
5to the state treasurer for deposit in the school fund.

AB150,1144,7 6(2) Other penalty. Whoever violates s. 50.54 (2) may be fined not more than
7$1,000 or imprisoned for not more than 6 months or both.

AB150,1144,15 8(3) Injunction. The department may, upon the advice of the attorney general,
9who shall represent the department in all proceedings under this subsection,
10institute an action in the name of the state in the circuit court for Dane County for
11injunctive relief or other process against any licensee, owner, operator,
12administrator or representative of any owner of a rural medical center for the
13violation of any of the provisions of this subchapter or rules promulgated under this
14subchapter if the department determines that the violation seriously affects the
15health, safety or welfare of patients.

AB150,1144,19 1650.56 Applicability. Nothing in this subchapter or in rules promulgated
17under this subchapter may be construed to limit the applicability of statutes or rules
18promulgated under statutes that are not in this subchapter to a person or entity that
19is required to be licensed as a rural medical center.

AB150,1144,2221 51.01 (14) "Residence", "legal residency" or "county of residence" has the
22meaning given under s. 49.01 (8g) 49.001 (6).

AB150,1145,224 51.02 (1) (b) Provide recommendations to the department on the expenditure
25of federal funds received under the community mental health block grant under 42

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1USC 300x to 300x-9 and participate in the development of and monitor and evaluate
2the implementation of, the community mental health block grant plan.

AB150,1145,12 451.04 (title) Outpatient treatment Treatment facility determination
5certification. Any treatment facility may apply to the department for
6determination of whether such facility is an outpatient treatment facility
7established and maintained according to rules promulgated by the department
8under s. 51.42 (7) (b) certification of the facility for the receipt of funds for services
9provided as a benefit to a medical assistance recipient under s. 49.46 (2) (b) 6. f. or
10to a community aids funding recipient under s. 51.423 (2) or provided as mandated
11coverage under s. 632.89. The department shall annually charge a fee for each such
12determination certification.

AB150,1145,1714 51.15 (2) Facilities for detention. (intro.) The law enforcement officer shall
15transport the individual, or cause him or her to be transported for detention and for
16evaluation, diagnosis and treatment if permitted under sub. (8) to any of the
17following facilities: