LRB-0360/2
DAK:wlj:rs
2007 - 2008 LEGISLATURE
January 3, 2008 - Introduced by Representatives Krusick, Musser, Berceau,
Grigsby, Mason, Molepske, Nelson, A. Ott, Sheridan, Sinicki, Soletski,
Staskunas, Turner, A. Williams and Wood, cosponsored by Senators
Carpenter, Risser and Vinehout, by request of Wisconsin Board on Aging and
Long Term Care, AARP Wisconsin, Coalition of Wisconsin Aging Groups and
Survival Coalition of Wisconsin Disability Organizations. Referred to
Committee on Aging and Long Term Care.
AB664,1,10
1An Act to renumber and amend 50.09 (1);
to amend 50.09 (title), 50.09 (2),
2(4) and (5) and 50.09 (6) (a), (b) and (d); and
to create 16.009 (1) (em) 7., 20.432
3(1) (gt), 50.034 (3) (e), 50.034 (9) and 50.09 (1g) of the statutes;
relating to:
4authorizing access by the long-term care ombudsman or his or her
5representative to a client or resident in a residential care apartment complex,
6imposing an annual assessment on certain occupied apartments of residential
7care apartment complexes, expanding rights of residents of facilities to include
8residents of residential care apartment complexes, requiring posting of a
9notice, requiring the exercise of rule-making authority, and making an
10appropriation.
Analysis by the Legislative Reference Bureau
Under current law, under the Long-Term Care Ombudsman Program, the
long-term care ombudsman or his or her designated representative may enter a
long-term care facility at any time, without notice, and have access to clients and
residents of the facility. "Long-term care facility" is defined as a nursing home, a
community-based residential facility, a place in which care is provided under a
continuing care contract, a swing bed in an acute care or extended care facility, or an
adult family home. The ombudsman or representative may communicate in private
with a client or resident, review records with consent of the client or resident or his
or her legal counsel, and have access to records of the long-term care facility or of the
Department of Health and Family Services (DHFS) concerning regulation of the
long-term care facility.
Also under current law, DHFS certifies or registers and otherwise regulates
residential care apartment complexes. A "residential care apartment complex" is
defined as a place where five or more adults reside that consists of independent
apartments, each of which has an individual lockable entrance and exit, a kitchen
with a stove, and individual bathroom, sleeping, and living areas, and that provides
to a resident not more than 28 hours per week of supportive, personal, and nursing
services.
Lastly, current law specifies rights of residents of nursing homes and
community-based residential facilities, including the rights to have private and
unrestricted communication with others, to present grievances without justifiable
fear of reprisal, and to be fully informed of all services, charges for services, and
changes in service.
This bill expands the definition of a long-term care facility, for purposes of
activities by the long-term care ombudsman or his or her designated representative,
to include residential care apartment complexes.
The bill imposes an assessment on each residential care apartment complex of
$12 per year per occupied apartment, other than an apartment occupied by an
individual who has not attained the age of 60 years. Beginning on July 1, 2008, the
complex must pay the assessment annually to DHFS. The assessment is based on
occupied apartments for the complex for the preceding June. DHFS must enforce
and collect the assessment, which must be credited to an appropriation of program
revenues for expenditure by the Board on Aging and Long-Term Care for activities
under the Long-Term Care Ombudsman Program in residential care apartment
complexes.
The bill also includes residents of residential care apartment complexes as
persons entitled to the rights that are specified under current law for residents of
nursing homes and community-based residential facilities.
Finally, the bill requires a residential care apartment complex to post in a
conspicuous location a notice of the name, address, and telephone number of the
Long-Term Care Ombudsman Program.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB664, s. 1
1Section
1. 16.009 (1) (em) 7. of the statutes is created to read:
AB664,3,2
116.009
(1) (em) 7. A residential care apartment complex, as defined in s. 50.01
2(1d).
AB664, s. 2
3Section
2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
4the following amounts for the purposes indicated:
-
See PDF for table 
AB664, s. 3
5Section
3. 20.432 (1) (gt) of the statutes is created to read:
AB664,3,96
20.432
(1) (gt)
Activities in residential care apartment complexes. The amounts
7in the schedule for Long-Term Care Ombudsman Program activities in residential
8care apartment complexes. All moneys received under s. 50.034 (9) shall be credited
9to this appropriation account.
AB664, s. 4
10Section
4. 50.034 (3) (e) of the statutes is created to read:
AB664,3,1411
50.034
(3) (e) Post in a conspicuous location in the residential care apartment
12complex a notice, provided by the board on aging and long-term care, of the name,
13address, and telephone number of the Long-Term Care Ombudsman Program under
14s. 16.009 (2) (b).
AB664, s. 5
15Section
5. 50.034 (9) of the statutes is created to read:
AB664,3,1716
50.034
(9) Assessment on certain occupied apartments. (a) In this subsection,
17"complex" means a certified or registered residential care apartment complex.
AB664,4,5
1(b) For the privilege of doing business in this state, there is imposed on all
2occupied apartments of a complex, other than an apartment occupied by an
3individual who has not attained the age of 60 years, an annual assessment that shall
4be credited to the appropriation account under s. 20.432 (1) (gt) and that is $12 per
5apartment.
AB664,4,116
(c) By July 1 annually, a complex shall submit to the department the amount
7due under par. (b) for each occupied apartment of the complex for the preceding June.
8The department shall verify the number of apartments of a complex and, if necessary,
9make adjustments to the payment, notify the complex of changes in the payment
10owing, and send the complex an invoice for the additional amount due or send the
11complex a refund.
AB664,4,1412
(d) Sections 77.59 (1) to (5), (6) (intro.), (a), and (c), and (7) to (10), 77.60 (1) to
13(7), (9), and (10), 77.61 (9) and (12) to (14), and 77.62, as they apply to the taxes under
14subch. III of ch. 77, apply to the assessment under this subsection.
AB664,4,1715
(e) 1. The department shall enforce and collect the assessment under this
16subsection and shall develop and distribute forms necessary for levying and
17collection.
AB664,4,1918
2. The department shall promulgate rules that establish procedures and
19requirements for levying the assessment under this subsection.
AB664,4,2220
(f) 1. An affected complex may contest an action by the department under this
21subsection by submitting a written request for a hearing to the department within
2230 days after the date of the department's action.
AB664,4,2423
2. An order or determination made by the department under a hearing as
24specified in subd. 1. is subject to judicial review as prescribed under ch. 227.
AB664, s. 6
25Section
6. 50.09 (title) of the statutes is amended to read:
AB664,5,1
150.09 (title)
Rights of residents in certain facilities and complexes
.
AB664, s. 7
2Section
7. 50.09 (1) of the statutes is renumbered 50.09 (1m), and 50.09 (1m)
3(intro.), (b), (c), (e), (f) 1. and 3., (g), (j) (intro.) and 2. (intro.) and a. and (L), as
4renumbered, are amended to read:
AB664,5,75
50.09
(1m) Residents' rights. (intro.) Every resident in a
nursing home or
6community-based residential facility
or complex shall, except as provided in sub. (5),
7have the right to:
AB664,5,128
(b) Present grievances on the resident's own behalf or others to the
facility's 9staff or administrator
of the facility or complex, to public officials or to any other
10person without justifiable fear of reprisal, and to join with other residents or
11individuals within or outside of the facility
or complex to work for improvements in
12resident care.
AB664,5,2013
(c) Manage the resident's own financial affairs, including any personal
14allowances under federal or state programs, unless the resident delegates, in
15writing,
such this responsibility to the facility
or complex and the facility
or complex 16accepts the responsibility
, or unless the resident delegates to someone else of the
17resident's choosing and that person accepts the responsibility. The resident shall
18receive, upon written request by the resident or guardian, a written monthly account
19of any financial transactions made by the facility
or complex under such a delegation
20of responsibility.
AB664,5,2421
(e) Be treated with courtesy, respect and full recognition of the resident's
22dignity and individuality, by all employees of the facility
or complex and licensed,
23certified
, or registered providers of health care and pharmacists with whom the
24resident comes in contact.
AB664,6,4
1(f) 1. `Privacy for visits by spouse.' If both spouses are residents of the same
2facility
or complex, they shall be permitted to share a room
or apartment unless
3medically contraindicated as documented by the resident's physician or advanced
4practice nurse prescriber in the resident's medical record.
AB664,6,85
3. Confidentiality of health and personal records, and the right to approve or
6refuse their release to any individual outside the facility
or complex, except in the
7case of the resident's transfer to another facility
or complex or as required by law or
83rd-party payment contracts and except as provided in s. 146.82 (2) and (3).
AB664,6,109
(g) Not to be required to perform services for the facility
or complex that are not
10included for therapeutic purposes in the resident's plan of care.
AB664,6,1811
(j) (intro.) Be transferred or discharged, and be given reasonable advance notice
12of any planned transfer or discharge
, and an explanation of the need for and
13alternatives to the transfer or discharge. The facility
or complex to which the
14resident is to be transferred must have accepted the resident for transfer, except in
15a medical emergency or if the transfer or discharge is for nonpayment of charges
16following a reasonable opportunity to pay a deficiency. No person may be
17involuntarily discharged for nonpayment under this paragraph if the person meets
18all of the following conditions:
AB664,6,2119
2. (intro.) The funding of his or her care in the
nursing home or
20community-based residential facility under s. 49.45 (6m) is reduced or terminated
21because of one of the following:
AB664,6,2322
a. He or she requires a level or type of care
which
that is not provided by the
23nursing home or community-based residential facility.
AB664,6,2524
(L) Receive adequate and appropriate care within the capacity of the facility
25or complex.
AB664, s. 8
1Section
8. 50.09 (1g) of the statutes is created to read:
AB664,7,32
50.09
(1g) In this section, "complex" means a residential care apartment
3complex.
AB664, s. 9
4Section
9. 50.09 (2), (4) and (5) of the statutes are amended to read:
