SB548,9,2218 50.065 (8) The department may charge a fee for obtaining the information
19required under sub. (2) (am) or (3) (a) or for providing information to an entity to
20enable the entity to comply with sub. (2) (b) or (3) (b). No fee may be charged to a
21nurse's assistant nurse aide, as defined in s. 146.40 (1) (d), for obtaining or
22maintaining the information if to do so would be inconsistent with federal law.

SB548,9,2524 50.095 (3) (b) The staff replacement rates for full-time and part-time nursing
25staff, nurse's assistants nurse aides, and administrators for the previous year for the

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1nursing home and for all similar nursing homes in the same geographical area, as
2determined by the department.

SB548,10,7 450.097 Registry. Any person may receive, upon specific written request to the
5department, requested information that is contained in the registry of nurse's
6assistants and home health aides individuals under s. 146.40 (4g) (a) or that is
7contained in the registry of hospice aides under s. 146.40 (4g) (a) 1.

SB548,10,119 50.14 (1) (a) Notwithstanding s. 50.01 (1m), "facility" means a nursing home
10or an intermediate care facility for the mentally retarded persons with mental
11retardation that is not located outside the state.

SB548,10,1513 50.14 (1) (b) "Intermediate care facility for the mentally retarded persons with
14mental retardation" has the meaning given for "intermediate care facility for the
15mentally retarded" under 42 USC 1396d (c) and (d).

SB548,10,2318 50.14 (2) (bm) For intermediate care facilities for the mentally retarded
19persons with mental retardation, an amount calculated by multiplying the projected
20annual gross revenues of all intermediate care facilities for the mentally retarded
21persons with mental retardation in this state by 0.055, dividing the product by the
22number of licensed beds of intermediate care facilities for persons with mental
23retardation in this state and dividing the quotient by 12.

SB548,11,3

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151.06 (8) (a) 1. "Intermediate care facility for the mentally retarded persons
2with mental retardation" has the meaning given in for "intermediate care facility for
3the mentally retarded" under 42 USC 1396d (d).

SB548,11,115 51.06 (8) (b) (intro.) Annually by October 1, the department shall submit to the
6joint committee on finance and to the appropriate standing committees of the
7legislature under s. 13.172 (3) a report that includes information collected from the
8previous fiscal year on the relocation or diversion of individuals who are Medical
9Assistance eligibles or recipients from nursing homes, intermediate care facilities for
10the mentally retarded persons with mental retardation, and centers for the
11developmentally disabled. The report shall include all of the following information:

SB548,11,1813 51.06 (8) (b) 4. An accounting of the costs and savings under the Medical
14Assistance program of relocations and diversions and the resulting reduction in
15capacity for services of nursing homes, intermediate care facilities for the mentally
16retarded persons with mental retardation, and centers for the developmentally
17disabled. The accounting shall include the per individual savings as well as the
18collective savings of relocations and diversions.

SB548,11,2520 51.06 (8) (b) 7. Staff turnover rates for nursing homes, intermediate care
21facilities for the mentally retarded persons with mental retardation, and centers for
22the developmentally disabled in communities in which an individual relocated or
23diverted from a nursing home, intermediate care facility for the mentally retarded
24persons with mental retardation, or center for the developmentally disabled
25currently resides.

SB548,12,62 51.62 (4) Departmental duties. The department shall provide the protection
3and advocacy agency with copies of annual surveys and plans of correction for
4intermediate care facilities for the mentally retarded persons with mental
5retardation on or before the first day of the 2nd month commencing after completion
6of the survey or plan.

SB548,12,9 8146.40 (title) Instructional programs for nurse's nurse aides; reporting
9client abuse.

SB548,12,1311 146.40 (1) (aw) "Feeding assistant" means an individual who has completed a
12state-approved training and testing program, as specified by the department by
13rule, to perform one nursing-related duty, as defined by the department by rule.

SB548,12,1716 146.40 (1) (bo) "Hospice" means a hospice that is licensed under subch. IV of
17ch. 50 and that is certified as a provider of services under 42 USC 1395 to 1395ccc.

SB548,12,2220 146.40 (1) (bt) "Intermediate care facility for the mentally retarded persons
21with mental retardation" has the meaning given for "intermediate care facility for
22the mentally retarded" under 42 USC 1396d (c) and (d).

SB548,13,824 146.40 (1) (d) "Nurse's assistant Nurse aide" means an individual who
25performs routine patient care duties delegated by a registered nurse or licensed

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1practical nurse who supervises the individual, for the direct health care of a patient
2or resident. "Nurse's assistant Nurse aide" does not mean a feeding assistant, an
3individual who is licensed, permitted, certified, or registered under ch. 441, 448, 449,
4450, 451, 455, 459, or 460, or an individual whose duties primarily involve skills that
5are different than those taught in instructional and competency evaluation
6programs for nurse's assistants certified nurse aides approved under sub. (3) or
7evaluated by competency evaluation programs for nurse's assistants nurse aides
8approved under sub. (3m).

SB548,13,1610 146.40 (2) (intro.) A hospital, nursing home or, intermediate care facility for the
11mentally retarded persons with mental retardation, home health agency, or hospice
12may not employ or contract for the services of an individual as a nurse's assistant,
13a home health agency may not employ or contract for the services of an individual
14as a home health aide and a hospice may not employ or contract for the services of
15an individual as a hospice nurse aide, regardless of the title under which the
16individual is employed or contracted for, unless one of the following is true:

SB548,13,2518 146.40 (2) (a) For hospitals, nursing homes, home health agencies or hospices,
19whether or not certified providers of medical assistance, except as provided in par.
20(g), and intermediate care facilities for the mentally retarded that are certified
21providers of medical assistance, the The individual has successfully completed
22instruction in an instructional and competency evaluation program for nurse's
23assistants, home health aides or hospice nurse aides that is certified by the
24department approved under sub. (3) and has successfully completed a competency
25evaluation program that is approved under sub. (3m).

SB548,14,146 146.40 (2) (c) (intro.) For hospitals, nursing homes, home health agencies or
7hospices, whether or not certified providers of medical assistance, and intermediate
8care facilities for the mentally retarded persons with mental retardation that are
9certified providers of medical assistance, the individual is enrolled in an
10instructional program for nurse aides that is approved under sub. (3) and is
11employed or under contract as a nurse's assistant, home health aide or hospice aide
12fewer than 120 calendar days by the hospital, nursing home, home health agency,
13hospice or intermediate care facility for the mentally retarded. All of the following
14applies to an individual specified under this paragraph:

SB548,14,1816 146.40 (2) (c) 1. He or she may perform only services for which he or she has
17received training and has been found proficient by an instructor under the
18instructional program.

SB548,14,2320 146.40 (2) (c) 2. The hospital, nursing home, home health agency, hospice, or
21intermediate care facility for persons with mental retardation may not include the
22individual in meeting or complying with a requirement for nursing care staff and
23functions, including a minimum nursing staff requirement.

SB548,15,11

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1146.40 (2) (d) For hospitals, nursing homes, home health agencies, or hospices,
2whether or not certified providers of medical assistance, and intermediate care
3facilities for the mentally retarded persons with mental retardation that are certified
4providers of medical assistance, the individual has successfully completed
5instruction in an instructional and competency evaluation program or has
6successfully completed and a competency evaluation program for nurse's assistants,
7for home health aides or for hospice nurse aides that is certified in another state that
8meets criteria for acceptance in this state as specified by the department by rule, or
9the individual is certified as a nurse's assistant, home health aide or hospice aide in
10another state that meets criteria for acceptance in this state as specified by the
11department by rule, except that after December 31, 1991, par. (a) applies.

SB548,15,2113 146.40 (2) (e) For hospitals, home health agencies , or hospices, whether or not
14certified providers of medical assistance, nursing homes that are not certified
15providers of medical assistance and intermediate care facilities for the mentally
16retarded persons with mental retardation that are certified providers of medical
17assistance, the individual is a student nurse who has successfully completed a basic
18nursing course from a school that is on the accredited list of schools specified under
19s. 441.01 (4) or who successfully completes a competency evaluation program for
20nurse's assistants, home health aides or hospice nurse aides that is approved by the
21department under sub. (3m).

SB548,16,223 146.40 (2) (em) For nursing homes that are certified providers of medical
24assistance, the individual is a student nurse who successfully completes a

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1competency evaluation program for nurse's assistants nurse aides that is approved
2by the department under sub. (3m).

SB548,16,145 146.40 (2) (g) For hospitals, nursing homes, home health agencies, or hospices,
6whether or not certified providers of medical assistance, and intermediate care
7facilities for persons with mental retardation that are certified providers of medical
8assistance, the individual, if he or she has performed no nursing-related service for
9monetary compensation for 24 consecutive months after having satisfied the
10requirement under par. (a), again successfully completes instruction in an
11instructional and a competency evaluation program for nurse's assistants nurse
12aides that is certified approved by the department under sub. (3) or a competency
13evaluation program for nurse's assistants that is approved by the department under
14sub. (3m).

SB548,16,2216 146.40 (2m) A nursing home or intermediate care facility for persons with
17mental retardation, whether or not the nursing home or intermediate care facility
18is a certified provider of medical assistance, may not employ or contract for the
19services of an individual as a feeding assistant, regardless of the title under which
20the individual is employed or contracted for, unless the individual has successfully
21completed a state-approved training and testing program, as specified by the
22department by rule.

SB548,17,1124 146.40 (3) Except as provided in sub. (4d), the department shall certify approve
25instructional and competency evaluation programs for nurse's assistants, for home

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1health aides and for hospice nurse aides that apply for certification, and satisfy
2standards for certification, approval that are promulgated by rule by the
3department. The department shall review the curriculum of each certified approved
4instructional and competency evaluation program at least once every 36 24 months
5following the date of certification approval to determine whether the program
6satisfies continues to satisfy the standards for certification approval. Under this
7subsection, the department may, after providing notice, suspend or revoke the
8certification approval of an instructional and competency evaluation program or
9impose a plan of correction on the program if the program does not fails to satisfy the
10standards for certification approval or operates under conditions that are other than
11those contained in the application approved by the department.

SB548,17,2113 146.40 (3m) The department shall review competency evaluation programs for
14nurse's assistants, for home health aides and for hospice nurse aides and, except as
15provided in sub. (4d), may approve those competency evaluation programs that
16satisfy standards for approval that are specified in rules of promulgated by the
17department. Under this subsection, the department may, after providing notice,
18suspend or revoke approval of a competency evaluation program or impose a plan of
19correction on the program if the competency evaluation program fails to satisfy the
20standards for approval or operates under conditions that are other than those
21contained in the application approved by the department.

SB548,18,223 146.40 (4) An instructional and A competency evaluation program certified
24under sub. (3) or a competency evaluation program approved under sub. (3m) shall
25notify the department, on a form provided by the department, within 30 days to

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1include an individual on the registry under sub. (4g) (a) 1. after an the individual has
2successfully completed the program competency examination.

SB548,18,84 146.40 (4d) (a) Except as provided in par. (am), the department shall require
5each applicant to provide the department with his or her social security number, if
6the applicant is an individual, or the applicant's federal employer identification
7number, if the applicant is not an individual, as a condition of issuing a certification
8an approval under sub. (3) or an approval under sub. (3m).

SB548,18,1611 146.40 (4d) (am) If an individual specified under par. (a) does not have a social
12security number, the individual, as a condition of obtaining approval, shall submit
13a statement made or subscribed under oath or affirmation to the department that the
14applicant does not have a social security number. The form of the statement shall
15be prescribed by the department of children and families. An approval issued in
16reliance upon a false statement submitted under this paragraph is invalid.

SB548,18,2018 146.40 (4d) (c) Except as provided in par. (am), the department shall deny an
19application for the issuance of a certification or an approval specified in par. (a) if
20the applicant does not provide the information specified in par. (a).

SB548,18,2522 146.40 (4d) (d) The department shall deny an application for the issuance of
23 a certification or an approval specified in par. (a) or shall revoke a certification or
24an approval if the department of revenue certifies under s. 73.0301 that the applicant
25for or holder of a certification or an approval is liable for delinquent taxes.

SB548,19,172 146.40 (4m) An instructional and competency evaluation program under sub.
3(3) for which the department has suspended or revoked certification approval or
4imposed a plan of correction or a competency evaluation program under sub. (3m) for
5which the department has suspended or revoked approval or imposed a plan of
6correction may contest the department's action by sending, within 10 days after
7receipt of notice of the contested action, a written request for hearing under s. 227.44
8to the division of hearings and appeals created under s. 15.103 (1). The
9administrator of the division may designate a hearing examiner to preside over the
10case and recommend a decision to the administrator under s. 227.46. The decision
11of the administrator of the division shall be the final administrative decision. The
12division shall commence the hearing within 30 days after receipt of the request for
13hearing and shall issue a final decision within 15 days after the close of the hearing.
14Proceedings before the division are governed by ch. 227. In any petition for judicial
15review of a decision by the division, the party, other than the petitioner, who was in
16the proceeding before the division shall be the named respondent. This subsection
17does not apply to a revocation of certification approval under sub. (4d) (d).

SB548,19,2219 146.40 (4r) (am) 1. Except as provided in subd. 2., an An entity shall report to
20the department any allegation of misappropriation of the property of a client or of
21neglect or abuse of a client by any person individual employed by or under contract
22with the entity if the person individual is under the control of the entity.

SB548,20,15

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1146.40 (4r) (b) Except as provided in pars. (em) and (er), the department shall
2review and investigate any report received under par. (a) or (am) and, if the
3allegation is substantiated, make specific, documented findings concerning the
4misappropriation of property or the neglect or abuse. The department shall, in
5writing by certified mail, notify the person individual specified in the report that the
6person's individual's name and the department's findings about the person
7individual shall be listed in the registry under sub. (4g) (a) 2. and 3. unless the person
8individual contests the listings in a hearing before the division of hearings and
9appeals created under s. 15.103 (1). The written notification shall describe the
10investigation conducted by the department, enumerate the findings alleging
11misappropriation of property or neglect or abuse of a client and explain the
12consequence to the person individual specified in the report of waiving a hearing to
13contest the findings. The person individual specified in the report shall have 30
14calendar days after receipt of the notification to indicate to the department in writing
15whether he or she intends to contest the listing or to waive the hearing.

SB548,20,2217 146.40 (4r) (c) If the nurse's assistant or home health aide an individual under
18par. (b) notifies the department that he or she waives a hearing to contest the listings
19in the registry under par. (b), or fails to notify the department within 30 calendar
20days after receipt of a notice under par. (b), the department shall enter the name of
21the individual under sub. (4g) (a) 2. and the department's findings about the
22individual under sub. (4g) (a) 3.

SB548,21,224 146.40 (4r) (e) The nurse's assistant or home health aide individual may
25provide the department with a brief statement disputing the department's findings

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1under par. (b) or the hearing officer's findings under par. (d) and, if so provided, the
2department shall enter the statement under sub. (4g) (a) 4.

SB548,21,84 146.40 (4r) (em) If the department of health and family services receives a
5report under par. (a) or (am) and determines that a person an individual who is the
6subject of the report holds a credential that is related to the person's individual's
7employment at, or contract with, the entity, the department of health and family
8services shall refer the report to the department of regulation and licensing.

SB548,21,1410 146.40 (5) (a) The department, in consultation with the technical college
11system board, shall promulgate rules specifying standards for certification approval
12in this state of instructional programs and competency evaluation programs for
13nurse's assistants, home health aides and hospice nurse aides. The standards shall
14include specialized training in providing care to individuals with special needs.

SB548,21,2216 146.40 (5) (b) (intro.) The department shall promulgate rules specifying
17criteria for acceptance by this state of an instructional program and a competency
18evaluation program or a competency evaluation program that is certified in another
19state, including whether the other state grants nurse's assistant privileges, home
20health aide privileges or hospice nurse aide privileges to persons who have completed
21instruction in an instructional and competency evaluation program that is certified
22approved under sub. (3) and whether one of the following is true: