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:
AB664,7,85
50.09
(2) The department, in establishing standards for
nursing homes and
6community-based residential facilities
and complexes may establish, by rule, rights
7in addition to those specified in sub.
(1) (1m) for residents in
such the facilities
or
8complexes.
AB664,7,17
9(4) Each facility
or complex shall make available a copy of the rights and
10responsibilities established under this section and the
facility's rules
of the facility
11or complex to each resident and each resident's legal representative, if any, at or prior
12to the time of admission to the facility
or complex, to each person who is a resident
13of the facility
or complex, and to each member of the
facility's staff
of the facility or
14complex. The rights, responsibilities
, and rules shall be posted in a prominent place
15in each facility
or complex. Each facility
or complex shall prepare a written plan and
16provide appropriate staff training to implement each resident's rights established
17under this section.
AB664,7,21
18(5) Rights established under this section shall not, except as determined by the
19department of corrections, be applicable to residents in
such facilities
or complexes,
20if the resident is in the legal custody of the department of corrections and is a
21correctional client in
such a facility
or complex.
AB664, s. 10
22Section
10. 50.09 (6) (a), (b) and (d) of the statutes are amended to read:
AB664,8,223
50.09
(6) (a) Each facility
or complex shall establish a system of reviewing
24complaints and allegations of violations of residents' rights established under this
1section. The facility
or complex shall designate a specific individual who, for the
2purposes of effectuating this section, shall report to the administrator.
AB664,8,103
(b) Allegations of violations of such rights by persons licensed, certified
, or
4registered under chs. 441, 446 to 450, 455
, and 456 shall be promptly reported by the
5facility
or complex to the appropriate licensing, examining
, or affiliated
6credentialing board and to the person against whom the allegation has been made.
7Any employee of the facility
or complex and any person licensed, certified
, or
8registered under chs. 441, 446 to 450, 455
, and 456 may also report such allegations
9to the board.
Such The board may make further investigation and take such
10disciplinary action, within the board's statutory authority, as the case requires.
AB664,8,1611
(d) The facility
or complex shall attach a statement, which summarizes
12complaints or allegations of violations of rights established under this section, to the
13report required under s. 50.03 (4) (c) 1. or 2. The statement shall contain the date
14of the complaint or allegation, the name of the persons involved, the disposition of
15the matter
, and the date of disposition. The department shall consider the statement
16in reviewing the report.
AB664, s. 11
17Section
11.
Nonstatutory provisions; board on aging and long-term
care.
AB664,8,2218
(1)
Residential care apartment complex activities. The authorized FTE
19positions for the board on aging and long-term care are increased by 1.0 PR position
20on July 1, 2008, to be funded from the appropriation account under section 20.432
21(1) (gt) of the statutes, as created by this act, for the purpose of performing long-term
22care ombudsman activities in residential care apartment complexes.
AB664, s. 12
23Section
12.
Nonstatutory provisions; health and family services.
AB664,8,2424
(1)
Assessments on residential care apartment complexes; rules.
AB664,9,5
1(a) The department of health and family services shall submit in proposed form
2the rules required under section 50.034 (9) (e) 2. of the statutes, as created by this
3act, to the legislative council staff under section 227.15 (1) of the statutes no later
4than the first day of the 4th month beginning after the effective date of this
5paragraph.
AB664,9,156
(b) Using the procedure under section 227.24 of the statutes, the department
7of health and family services may promulgate rules required under section 50.034
8(9) (e) 2. of the statutes, as created by this act, for the period before the effective date
9of the rules submitted under paragraph (a
), but not to exceed the period authorized
10under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24
11(1) (a), (2) (b), and (3) of the statutes, the department is not required to provide
12evidence that promulgating a rule under this paragraph as an emergency rule is
13necessary for the preservation of the public peace, health, safety, or welfare and is
14not required to provide a finding of emergency for a rule promulgated under this
15paragraph.
AB664,9,1917
(1)
Assessments on residential care apartment complexes. The treatment of
18section 50.034 (9) of the statutes first applies to an assessment due from a residential
19care apartment complex for June 2008.
AB664, s. 14
20Section
14.
Effective dates. This act takes effect on the day after publication,
21except as follows:
AB664,9,2422
(1)
Residential care apartment complexes. The treatment of sections 16.009
23(1) (em) 7., 20.432 (1) (gt), 50.034 (3) (e) and (9), 50.09 (title), 50.09 (1), (1g), (2), (4),
24(5), and (6) (a), (b), and (d) of the statutes takes effect on June 1, 2008.
