LRB-3084/1
RLR:wlj:nwn
2007 - 2008 LEGISLATURE
October 4, 2007 - Introduced by Senators Darling, Coggs, Erpenbach, Lassa,
Lehman, Wirch, Kreitlow and Hansen, cosponsored by Representatives
Krusick, Hines, Benedict, Berceau, Black, Fields, A. Ott, J. Ott, Sheridan,
Young, Pocan and
Pope-Roberts, by request of Wisconsin Alzheimers
Association Chapter Network; AARP-Wisconsin; Brain Injury Association of
Wisconsin; Coalition of Wisconsin Aging Groups; Community Alliance of
Providers of Wisconsin; Disability Rights Wisconsin; Independence First;
Learning Disabilities Association of Wisconsin; Steinhauer Group, LLC;
Wisconsin Board on Aging and Long-Term Care; Wisconsin Council on
Developmental Disabilities; Wisconsin Coalition of Independent Living
Centers, Inc.. Referred to Committee on Public Health, Senior Issues, Long
Term Care and Privacy.
SB283,1,6
1An Act to renumber and amend 50.033 (6) and 50.98 (1);
to amend 50.034 (8)
2(a) and 50.035 (11) (a); and
to create 50.02 (6), 50.033 (2p), 50.033 (6) (b), 50.034
3(3m), 50.035 (10m), 50.04 (2x), 50.935 and 50.98 (1) (b) of the statutes;
relating
4to: the care and treatment of persons with Alzheimer's disease or related
5dementia in residential care facilities, providing an exemption from emergency
6rule procedures, and requiring the exercise of rule-making authority.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Health and Family Services (DHFS)
licenses or certifies various types of residential care facilities. This bill requires
DHFS to establish standards of care and treatment for people with Alzheimer's
disease or related dementia. The bill prohibits nursing homes, community-based
residential facilities, adult family homes, residential care apartment complexes, and
hospices from holding themselves out as providing special services for persons with
Alzheimer's disease or related dementia unless DHFS determines that the facility
satisfies the standards of care and treatment for people with Alzheimer's disease or
related dementia.
For further information see the state 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:
SB283, s. 1
1Section
1. 50.02 (6) of the statutes is created to read:
SB283,2,82
50.02
(6) Standards for care of persons with Alzheimer's disease. (a) The
3department shall promulgate rules establishing standards for the care and
4treatment of persons who have Alzheimer's disease or related dementia that an adult
5family home under s. 50.01 (1) (b), residential care apartment complex,
6community-based residential facility, nursing home, or hospice, as defined in s.
750.90 (1), must satisfy to hold itself out as providing special services for persons with
8Alzheimer's disease or related dementia.
SB283,2,109
(b) The department shall consult with all of the following before promulgating
10the rules required under par. (a):
SB283,2,1111
1. The recipients of grants awarded under s. 46.856.
SB283,2,1412
2. Representatives of adult family homes under s. 50.01 (1) (b), residential care
13apartment complexes, community-based residential facilities, nursing homes, and
14hospices.
SB283,2,1715
3. Residents of adult family homes under s. 50.01 (1) (b), residential care
16apartment complexes, community-based residential facilities, nursing homes, and
17hospices.
SB283,2,1818
4. Advocates for persons under subd. 3.
SB283, s. 2
19Section
2. 50.033 (2p) of the statutes is created to read:
SB283,3,320
50.033
(2p) Services for persons with Alzheimer's disease. An adult family
21home may not hold itself out as providing special services for persons with
1Alzheimer's disease or related dementia unless the agency that licenses the adult
2family home under this section determines that the adult family homes satisfies the
3standards promulgated by rule under s. 50.02 (6).
SB283, s. 3
4Section
3. 50.033 (6) of the statutes is renumbered 50.033 (6) (a) and amended
5to read:
SB283,3,86
50.033
(6) (a)
Any Except as provided under par. (b), any person who violates
7this section or rules promulgated under s. 50.02 (2) (am) 2. may be fined not more
8than $500 or imprisoned for not more than one year in the county jail or both.
SB283, s. 4
9Section
4. 50.033 (6) (b) of the statutes is created to read:
SB283,3,1110
50.033
(6) (b) Any person who violates sub. (2p) may be required to forfeit not
11more than $500.
SB283, s. 5
12Section
5. 50.034 (3m) of the statutes is created to read:
SB283,3,1713
50.034
(3m) Services for persons with Alzheimer's disease. A residential care
14apartment complex may not hold itself out as providing special services for persons
15with Alzheimer's disease or related dementia unless the department determines
16that the residential care apartment complex satisfies the standards promulgated by
17rule under s. 50.02 (6).
SB283, s. 6
18Section
6. 50.034 (8) (a) of the statutes is amended to read:
SB283,3,2119
50.034
(8) (a) Whoever violates sub.
(3m), (5m) or (5n) or rules promulgated
20under sub. (5m) or (5n) may be required to forfeit not more than $500 for each
21violation.
SB283, s. 7
22Section
7. 50.035 (10m) of the statutes is created to read:
SB283,4,223
50.035
(10m) Services for persons with Alzheimer's disease. A
24community-based residential facility may not hold itself out as providing special
25services for persons with Alzheimer's disease or related dementia unless the
1department determines that the community-based residential facility satisfies the
2standards promulgated by rule under s. 50.02 (6).
SB283, s. 8
3Section
8. 50.035 (11) (a) of the statutes is amended to read:
SB283,4,64
50.035
(11) (a) Whoever violates sub. (4m)
or, (4n)
, or (10m) or rules
5promulgated under sub. (4m) or (4n) may be required to forfeit not more than $500
6for each violation.
SB283, s. 9
7Section
9. 50.04 (2x) of the statutes is created to read:
SB283,4,118
50.04
(2x) Services for persons with Alzheimer's disease. (a) A nursing home
9may not hold itself out as providing special services for persons with Alzheimer's
10disease or related dementia unless the department determines that the nursing
11home satisfies the standards promulgated by rule under s. 50.02 (6).
SB283,4,1212
(b) A violation of par. (a) is a class "C" violation under sub. (4) (b) 3.
SB283, s. 10
13Section
10. 50.935 of the statutes is created to read:
SB283,4,17
1450.935 Hospice care for persons with Alzheimer's disease. A hospice
15may not hold itself out as providing special services for persons with Alzheimer's
16disease or related dementia unless the department determines that the hospice
17satisfies the standards promulgated by rule under s. 50.02 (6).
SB283, s. 11
18Section
11. 50.98 (1) of the statutes is renumbered 50.98 (1) (a) and amended
19to read:
SB283,4,2520
50.98
(1) (a)
Any Except as provided under par. (b), any person who violates this
21subchapter or rules promulgated under this subchapter may be required to forfeit
22not more than $100 for the first violation and may be required to forfeit not more than
23$200 for the 2nd or any later violation within a year. The period shall be measured
24using the dates of issuance of citations of the violations. Each day of violation
25constitutes a separate violation.
SB283, s. 12
1Section
12. 50.98 (1) (b) of the statutes is created to read:
SB283,5,32
50.98
(1) (b) Any person who violates s. 50.935 may be required to forfeit not
3more than $500.
SB283,5,95
(1)
Rule making. (a) The department of health and family services shall submit
6in proposed form the rules required under section 50.02 (6) of the statutes, as created
7by this act, to the legislative council staff under section 227.15 (1) of the statutes no
8later than the first day of the 7th month beginning after the effective date of this
9subsection.
SB283,5,1810
(b) Using the procedure under section 227.24 of the statutes, the department
11of health and family services may promulgate rules required under section 50.02 (6)
12of the statutes, as created by this act, for the period before the effective date of the
13rules submitted under paragraph (a
), but not to exceed the period authorized under
14section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a),
15(2) (b), and (3) of the statutes, the department is not required to provide evidence that
16promulgating a rule under this paragraph as an emergency rule is necessary for the
17preservation of the public peace, health, safety, or welfare and is not required to
18provide a finding of emergency for a rule promulgated under this paragraph.
SB283, s. 14
19Section
14.
Effective dates. This act takes effect on the first day of the 7th
20month beginning after publication, except as follows:
SB283,5,2221
(1)
The treatment of section 50.02 (6) of the statutes and
Section
13 of this act
22take effect on the day after publication.
