LRB-0656/3
RLR:kjf&jld:md
2009 - 2010 LEGISLATURE
May 8, 2009 - Introduced by Representatives Krusick, J. Ott, Pasch, Benedict,
Berceau, Black, Clark, Grigsby, Lothian, Mursau, Pope-Roberts, Richards,
Spanbauer, Staskunas, Turner, A. Williams and Zepnick, cosponsored by
Senators Darling, Coggs, Carpenter and
Taylor, by request of Wisconsin
Alzheimer's Association Chapter Network, AARP-Wisconsin, Coalition of
Wisconsin Aging Groups, Disability Rights Wisconsin, IndependenceFirst,
Wisconsin Board on Aging and Long-Term Care, Wisconsin Coalition of
Independent Living Centers. Referred to Committee on Aging and
Long-Term Care.
AB259,1,8
1An Act to renumber and amend 50.033 (6) and 50.095 (1);
to amend 50.035
2(11) (a), 50.095 (title), 50.095 (2), 50.095 (3m) and 50.095 (4); and
to create
350.02 (6), 50.033 (2p), 50.033 (6) (b), 50.035 (10m), 50.04 (2x), 50.095 (1g),
450.095 (3) (d) and 50.095 (3g) of the statutes;
relating to: the care and
5treatment of persons with Alzheimer's disease or related dementia in
6residential care facilities, reports on residential care facilities, providing an
7exemption from emergency rule procedures, requiring the exercise of
8rule-making authority, and providing a penalty.
Analysis by the Legislative Reference Bureau
Under current law, the Department of Health Services (DHS) licenses or
certifies various types of residential care facilities, including nursing homes,
community-based residential facilities (CBRFs), and adult family homes (AFHs).
Also under current law, DHS must annually give each nursing home a report that
includes the following information: 1) the nursing home's nursing staff to resident
ratio; 2) staff turnover for the nursing home and for other similar nursing homes in
the same geographic area; and 3) violations by the nursing home and by other similar
nursing homes in the same geographic area. DHS must also give nursing homes a
one-sheet summary of the report. Nursing homes must provide the summary to
every resident and prospective resident and must make the full report available to
any person who requests it.
This bill requires DHS to establish standards of care and treatment for people
with Alzheimer's disease or related dementia. The bill prohibits nursing homes,
CBRFs, and AFHs from holding themselves out as providing special services for
persons with Alzheimer's disease or related dementia unless DHS determines that
the facility satisfies the standards of care and treatment for people with Alzheimer's
disease or related dementia.
The bill also requires that, if a nursing home holds itself out as providing special
services for persons with Alzheimer's disease or related dementia, DHS must include
in the annual report DHS gives the nursing home a description of how the nursing
home satisfies the standards established by DHS for care and treatment for persons
with Alzheimer's disease or related dementia.
The bill requires DHS to annually give each CBRF and AFH a report that
includes information on violations by the CBRF or AFH and by any similar CBRF
or AFH in the same geographic area. In addition, if a CBRF or AFH holds itself out
as providing special services for persons with Alzheimer's disease or related
dementia, DHS must include in the report a description of how the CBRF or AFH
satisfies the standards established by DHS for care and treatment for persons with
Alzheimer's disease. DHS must also give each CBRF and AFH a summary of its
report. The bill requires each CBRF and AFH to provide the summary to each
resident and prospective resident of the CBRF or AFH.
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:
AB259, s. 1
1Section
1. 50.02 (6) of the statutes is created to read:
AB259,2,92
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), community-based residential facility, or nursing
6home must satisfy to hold itself out as providing special services for persons with
7Alzheimer's disease or related dementia, including standards for staff training and
8staffing levels and standards for security at the adult family home,
9community-based residential facility, or nursing home.
AB259,3,2
1(b) The department shall consult with all of the following before promulgating
2the rules required under par. (a):
AB259,3,33
1. The recipients of grants awarded under s. 46.856.
AB259,3,54
2. Representatives of adult family homes under s. 50.01 (1) (b),
5community-based residential facilities, and nursing homes.
AB259,3,76
3. Residents of adult family homes under s. 50.01 (1) (b), community-based
7residential facilities, and nursing homes.
AB259,3,88
4. Advocates for persons under subd. 3.
AB259, s. 2
9Section
2. 50.033 (2p) of the statutes is created to read:
AB259,3,1410
50.033
(2p) Services for persons with Alzheimer's disease. An adult family
11home may not hold itself out as providing special services for persons with
12Alzheimer's disease or related dementia unless the agency that licenses the adult
13family home under this section determines that the adult family home satisfies the
14standards promulgated by rule under s. 50.02 (6).
AB259, s. 3
15Section
3. 50.033 (6) of the statutes is renumbered 50.033 (6) (a) and amended
16to read:
AB259,3,1917
50.033
(6) (a)
Any Except as provided under par. (b), any person who violates
18this section or rules promulgated under s. 50.02 (2) (am) 2. may be fined not more
19than $500 or imprisoned for not more than one year in the county jail or both.
AB259, s. 4
20Section
4. 50.033 (6) (b) of the statutes is created to read:
AB259,3,2221
50.033
(6) (b) Any person who violates sub. (2p) may be required to forfeit not
22more than $500 for each day of violation.
AB259, s. 5
23Section
5. 50.035 (10m) of the statutes is created to read:
AB259,4,324
50.035
(10m) Services for persons with Alzheimer's disease. A
25community-based residential facility may not hold itself out as providing special
1services for persons with Alzheimer's disease or related dementia unless the
2department determines that the community-based residential facility satisfies the
3standards promulgated by rule under s. 50.02 (6).
AB259, s. 6
4Section
6. 50.035 (11) (a) of the statutes is amended to read:
AB259,4,85
50.035
(11) (a) Whoever violates sub. (4m) or (4n) or rules promulgated under
6sub. (4m) or (4n) may be required to forfeit not more than $500 for each violation.
7Whoever violates sub. (10m) may be required to forfeit not more than $500 for each
8day of violation.
AB259, s. 7
9Section
7. 50.04 (2x) of the statutes is created to read:
AB259,4,1310
50.04
(2x) Services for persons with Alzheimer's disease. (a) A nursing home
11may not hold itself out as providing special services for persons with Alzheimer's
12disease or related dementia unless the department determines that the nursing
13home satisfies the standards promulgated by rule under s. 50.02 (6).
AB259,4,1414
(b) A violation of par. (a) is a class "C" violation under sub. (4) (b) 3.
AB259, s. 8
15Section
8. 50.095 (title) of the statutes is amended to read:
AB259,4,16
1650.095 (title)
Resident's right to know;
nursing home facility reports.
AB259, s. 9
17Section
9. 50.095 (1) of the statutes is renumbered 50.095 (1r) and amended
18to read:
AB259,4,2219
50.095
(1r) Every resident in or prospective resident of a
nursing home facility 20has the right to know certain information from the
nursing home facility which
21would aid an individual in assessing the quality of care provided by
a nursing home 22the facility.
AB259, s. 10
23Section
10. 50.095 (1g) of the statutes is created to read:
AB259,4,2424
50.095
(1g) In this section:
AB259,4,2525
(a) "Adult family home" means an adult family home under s. 50.01 (1) (b).
AB259,5,2
1(b) "Facility" means an adult family home, a community-based residential
2facility, or a nursing home.
AB259, s. 11
3Section
11. 50.095 (2) of the statutes is amended to read:
AB259,5,64
50.095
(2) The department may request from a
nursing home facility 5information necessary for preparation of a report under sub. (3)
or (3g), and the
6nursing home facility, if so requested, shall provide the information.
AB259, s. 12
7Section
12. 50.095 (3) (d) of the statutes is created to read:
AB259,5,118
50.095
(3) (d) If the nursing home holds itself out as providing special services
9for persons with Alzheimer's disease or related dementia, a description of how the
10nursing home satisfies the standards promulgated by rule under s. 50.02 (6) for the
11care and treatment of persons with Alzheimer's disease or related dementia.
AB259, s. 13
12Section
13. 50.095 (3g) of the statutes is created to read:
AB259,5,1513
50.095
(3g) By July 1 of each year, the department shall provide each adult
14family home and community-based residential facility and the office of the
15long-term care ombudsman with a report that includes the following information:
AB259,5,1916
(a) Any violations of statutes or rules that the adult family home or
17community-based residential facility and all other similar facilities in the same
18geographical area, as determined by the department, committed in the previous
19year.
AB259,5,2420
(b) If the adult family home or community-based residential facility holds itself
21out as providing special services for persons with Alzheimer's disease or related
22dementia, a description of how the facility satisfies the standards promulgated by
23rule under s. 50.02 (6) for the care and treatment of persons with Alzheimer's disease
24or related dementia.
