SB560,6,1715 1. Beginning on July 1, 2016, the department may not enforce any of the rules
16contained in s. DHS 124.40 or subch. II, III, or IV of ch. DHS 124, Wis. Adm. Code,
17in effect on the effective date of this subdivision .... [LRB inserts date].
SB560,6,2018 2. The department shall, within the scope of the department's rule-making
19authority under sub. (1), promulgate rules to repeal and recreate ch. DHS 124, Wis.
20Adm. Code.
SB560,6,2121 (b) Paragraph (a) 1. does not apply to s. DHS 124.24 (3), Wis. Adm. Code.
SB560,6,2422 (c) Paragraph (a) does not apply beginning on the date that a permanent rule
23promulgated under ch. 227 that repeals and recreates ch. DHS 124, Wis. Adm. Code,
24takes effect as provided in s. 227.22.
SB560,6 25Section 6. 50.36 (2) (a) of the statutes is amended to read:
SB560,7,5
150.36 (2) (a) The Notwithstanding sub. (3L), the department shall conduct plan
2reviews of all capital construction and remodeling projects of hospitals to ensure that
3the plans comply with any applicable building code requirements under ch. 101 and
4with any physical plant requirements under this chapter or under rules promulgated
5under this chapter.
SB560,7 6Section 7. 50.36 (2) (b) of the statutes is amended to read:
SB560,7,127 50.36 (2) (b) The department shall promulgate rules that establish a fee
8schedule for its services in conducting the plan reviews under par. (a). The schedule
9established under these rules shall set fees for hospital plan reviews in amounts that
10are less than the sum of the amounts required on September 30, 1995, for fees under
11this subsection and for fees for examination of hospital plans under s. 101.19 (1) (a),
121993 stats.
SB560,8 13Section 8. 50.36 (3) (am) of the statutes is created to read:
SB560,7,1714 50.36 (3) (am) A hospital may grant any practitioner the opportunity to be a
15member of the hospital staff and obtain hospital staff privileges if the membership
16or privileges are not prohibited under sub. (1) and are consistent with the
17practitioner's scope of practice.
SB560,9 18Section 9. 50.36 (3g) of the statutes is repealed.
SB560,10 19Section 10. 50.36 (3L) of the statutes is created to read:
SB560,8,220 50.36 (3L) A hospital accredited by an approved national accrediting
21organization pursuant to 42 USC 1395bb (a) (1) is exempt from routine inspections
22and investigations to determine compliance with and is considered to be in
23compliance with the requirements for hospitals. The department may inspect an
24accredited hospital to investigate a complaint or comply with the request of the

1federal centers for medicare and medicaid services, including a request to validate
2the findings of the accrediting organization.
SB560,11 3Section 11. 50.36 (3m) of the statutes is amended to read:
SB560,8,154 50.36 (3m) The department shall require a hospital that is accredited as a
5hospital by a private national accrediting organization pursuant to 42 USC 1395bb
6(a) (1)
to submit to the department a copy of the summary accreditation
7recommendation and may require the hospital to submit to the department copies
8of all correspondence sent or received on or after August 30, 1989, including survey
9results, between the hospital and the accrediting organization. Accreditation
10letters, reports and related
evidence of current accreditation. Any evidence of
11accreditation and other accreditation-related
correspondence or other materials
12submitted by or on behalf of a hospital to the department, except those submitted by
13a county mental health complex under s. 51.08, under this subsection are not subject
14to inspection, copying, or receipt under s. 19.35 (1) and may not be released by the
15department.
SB560,12 16Section 12. 50.36 (4) of the statutes is amended to read:
SB560,9,317 50.36 (4) The Except as provided in sub. (3L), the department shall make or
18cause to be made such inspections and investigation, as are reasonably deemed
19necessary to obtain compliance with the rules and standards requirements for
20hospitals
. It shall afford an opportunity for representatives of the hospitals to
21consult with members of the staff of the department concerning compliance and
22noncompliance with rules and standards the requirements for hospitals. If the
23department takes enforcement action against a hospital for a violation of ss. 50.32
24to 50.39, or rules promulgated or standards adopted under ss. 50.32 to 50.39
the
25requirements for hospitals
, and the department subsequently conducts an on-site

1inspection of the hospital to review the hospital's action to correct the violation, the
2department may, unless the hospital is operated by the state, impose a $200
3inspection fee on the hospital.
SB560,13 4Section 13. 50.36 (6m) (a) (intro.) of the statutes is amended to read:
SB560,9,75 50.36 (6m) (a) (intro.) The secretary or his or her designee may grant a variance
6to a statute affecting hospitals or a rule or a waiver from any of the department
7affecting
requirements for hospitals if all of the following apply:
SB560,14 8Section 14. 50.36 (6m) (a) 1. of the statutes is repealed.
SB560,15 9Section 15. 50.36 (6m) (a) 2. of the statutes is amended to read:
SB560,9,1010 50.36 (6m) (a) 2. A hospital has requested the variance or waiver.
SB560,16 11Section 16. 50.36 (6m) (a) 3. of the statutes is amended to read:
SB560,9,1412 50.36 (6m) (a) 3. The secretary or his her designee determines that the variance
13or waiver is necessary to protect the public health, safety, or welfare or to support the
14efficient and economic operation of the hospital
.
SB560,17 15Section 17. 50.36 (6m) (b) of the statutes is amended to read:
SB560,9,2116 50.36 (6m) (b) A variance or waiver granted under par. (a) shall may be for a
17stated term not to exceed 90 days, except that. If a variance or waiver is for a stated
18term,
the secretary or his her designee may extend the variance or waiver upon
19request by the hospital if he or she determines that an extension is necessary to
20protect the public health, safety, or welfare or to support the efficient and economic
21operation of the hospital
.
SB560,18 22Section 18. 50.37 (intro.) of the statutes is amended to read:
SB560,9,24 2350.37 Notification to accrediting organization. (intro.) The department
24shall notify a private national accrediting organization that has accredited a hospital

1and the board of governors of the injured patients and families compensation fund
2under s. 619.04 (3) if the department has done any of the following:
SB560,19 3Section 19. 50.37 (4) of the statutes is amended to read:
SB560,10,84 50.37 (4) Recommended to the federal health care financing administration
5centers for medicare and medicaid services that the hospital be decertified from the
6federal medicare program under 42 USC 1395 to 1395ccc or the federal medicaid
7program under 42 USC 1396 to 1396r-3 for failure to meet a condition of
8participation under the program.
SB560,20 9Section 20. 50.39 (1) of the statutes is amended to read:
SB560,10,1210 50.39 (1) Sections 50.32 to 50.39 and the rules promulgated pertaining thereto
11shall
The requirements for hospitals apply to all facilities coming under the
12definition of a "hospital" which are not specifically exempt by ss. 50.32 to 50.39.
SB560,21 13Section 21. 323.19 (1) of the statutes is amended to read:
SB560,10,1614 323.19 (1) The secretary of health services may grant a hospital a variance to
15a statute or rule affecting or a waiver from a requirement for hospitals in response
16to a disaster
as provided in s. 50.36 (6m).
SB560,10,1717 (End)
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