This bill establishes specific procedures and requirements for the Department
of Health Services and adult family homes to follow when a licensed or certified adult
family home is closing, intends to close, or is changing its type or level of services or
the means of reimbursement the adult family home will accept. An “adult family
home” is a residential care facility, generally housing three or four residents.
Current law provides that a licensed adult family home is one in which three or four
adults who are not related to the operator reside and receive care, treatment, or
services that are above the level of room and board, including up to seven hours per
week of nursing care per resident. Under current law, a certified adult family home,
in general, provides care and maintenance for three or four adults, each with a
developmental disability, above the level of room and board but not including nursing
care.
Current DHS administrative rules require 30 days' written notification of the
closure of an adult family home. The bill provides that an adult family home must
provide to each resident, to the resident's guardian, if any, and to a member of the
resident's family who is not the resident's guardian, if any, unless the resident
requests that notice to a family other than a guardian be withheld, written
notification of closure or a change in the type or level of service or means of
reimbursement accepted at least 30 days prior to the closure or change. The bill
establishes specific requirements for the notification to be provided by an adult

family home, as well as other requirements and procedures for the adult family
home, including specific requirements relating to planning for the relocation of
residents. The bill requires the adult family home to notify DHS of its intention to
close or to change the type or level of services or means of reimbursement accepted
and to provide DHS with a preliminary plan that DHS must approve. The bill
provides that, within 30 days following notice under the provisions of the bill, a
resident may request a hearing regarding the adult family home's compliance with
the procedures and requirements required under the bill.
The bill also requires that, in the circumstance of an adult family home closing,
intending to close, or changing its type or level of service or means of reimbursement
accepted, DHS must provide, direct, or arrange for relocation planning, placement,
and implementation assistance.
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:
SB919,1 1Section 1. 50.032 (5m) of the statutes is created to read:
SB919,2,72 50.032 (5m) Closure or service changes and relocation of residents. (a) If
3an adult family home is closing, intends to close, or is changing its type or level of
4services or means of reimbursement accepted, the department shall provide, direct,
5or arrange for relocation planning, placement, and implementation assistance in
6accordance with this subsection in order to minimize the trauma associated with the
7relocation of residents and to ensure the orderly relocation of residents.
SB919,2,108 (b) The department and the relevant care management organization, if any,
9shall participate in the development and implementation of individual relocation
10plans under this subsection.
SB919,2,1211 (c) In any of the circumstances described under par. (a) that may result in the
12relocation of one or more residents, the adult family home shall do all of the following:
SB919,3,313 1. Provide, at least 30 days prior to closure or a change in type or level of service
14or means of reimbursement accepted, written notice to each resident, to the

1resident's guardian, if any, and to a member of the resident's family who is not the
2resident's guardian, if any, unless the resident requests that notice to a family
3member other than a guardian be withheld. Notice shall include all of the following:
SB919,3,54 a. A statement setting forth the reason and justification for the closure or
5change in type or level of service or means of reimbursement accepted.
SB919,3,76 b. A statement that the resident or the resident's legal representative may
7participate in the planning conference under subd. 5.
SB919,3,108 c. A statement that the resident or the resident's legal representative may
9request relocation assistance pursuant to par. (g), including the name and address
10of the department's regional office director.
SB919,3,1511 d. The name, address, and telephone number of the regional office of the board
12on aging and long-term care's ombudsman program. For residents with a
13developmental disability or mental illness, the notice shall include the name,
14address, and telephone number of the protection and advocacy agency designated
15under s. 51.62 (2) (a).
SB919,3,1616 2. Attempt to resolve complaints from residents under this subsection.
SB919,3,2317 3. In the circumstance of closure, prior to the closure, identify and, to the
18greatest extent practicable, work with a care management organization to attempt
19to secure an appropriate alternative placement for each resident. In the
20circumstance of a change in type or level of service or means of reimbursement
21accepted, upon request of a resident or the resident's guardian, if any, identify and,
22to the greatest extent practicable, attempt to secure an appropriate alternative
23placement for that resident.
SB919,4,3
14. Notify the resident's physician on the closure or change in type or level of
2services or means of reimbursement accepted and any proposed relocation's effect on
3the resident's health.
SB919,4,94 5. For any resident that requires relocation, hold a planning conference at
5which an individual relocation plan will be developed with the resident, with the
6resident's guardian, if any, and, if practicable, with a member of the resident's family
7who is not the resident's guardian, unless the resident requests that a family member
8other than a guardian not be present. A copy of the plan shall immediately be
9submitted to the department.
SB919,4,1010 6. Implement the individual relocation plan developed under subd. 5.
SB919,4,1511 7. Provide at least 30 days' written notice to the department of its intention to
12close or change the type or level of services or means of reimbursement accepted. The
13notice shall state the facts requiring the closure or change and the proposed date of
14closing or changing of the type or level of services or means of reimbursement
15accepted.
SB919,4,1716 8. At the time the adult family home notifies the department under subd. 7.,
17submit to the department a preliminary plan that includes all of the following:
SB919,4,2018 a. The proposed timetable for planning and implementation of relocations and
19the resources, policies, and procedures that the adult family home will provide or
20arrange in order to plan and implement the relocations.
SB919,4,2221 b. A list of the residents to be relocated and their current levels of care and a
22brief description of any special needs or conditions.
SB919,4,2423 c. An indication of which residents have guardians and the names and
24addresses of the guardians.
SB919,4,2525 d. A list of which residents have been protectively placed under ch. 55.
SB919,5,2
1e. A list of residents who the adult family home believes meet the requirements
2of s. 54.10 (3).
SB919,5,103 (d) The department shall notify the adult family home within 10 days after
4receiving the preliminary plan under par. (c) 8. if it disapproves the plan. If the
5department disapproves the preliminary plan, it shall, within 10 days of notifying
6the adult family home, begin working with the adult family home to modify the
7disapproved plan. No resident may be relocated until the department approves the
8preliminary plan or until a modified plan is agreed upon. If a plan is not approved
9or agreed upon within 30 days of receipt of the notice of relocation, the department
10may impose a plan that the adult family home shall carry out.
SB919,5,1511 (e) Upon approval of, agreement to, or imposition of a plan for relocation, the
12adult family home shall establish a date of closing or changing of the type or level of
13services or means of reimbursement accepted and shall notify the department of the
14date. The date may not be earlier than 30 days from the date of approval, agreement,
15or imposition.
SB919,5,2216 (f) Within 30 days following notice to a resident under par. (c), the resident may
17send a written request for a hearing to the department to protest the adult family
18home's compliance with this subsection. The department shall hold the hearing
19within 10 days of receipt of this request. At the hearing, the burden of proving
20compliance under this subsection shall rest on the adult family home. If a resident
21prevails after hearing and requests assistance, the department shall assist the
22resident in securing an alternative placement.
SB919,6,823 (g) The department shall offer relocation assistance to residents impacted by
24a closure or change in type or level of service or means of reimbursement accepted
25under this subsection, including information on available alternative placements.

1Residents, and the resident's guardian, if any, shall be involved in planning the
2relocation and shall choose among the available alternative placements, except that
3if an emergency situation makes prior resident involvement impossible, the
4department may make a temporary placement until a final relocation can be
5arranged. Residents, and the resident's guardian, if any, may choose their final
6alternative placement and shall be given assistance in transferring to such place.
7If the department makes or participates in making the relocation decision,
8consideration shall be given to proximity to residents' relatives and friends.
SB919,2 9Section 2. 50.033 (5m) of the statutes is created to read:
SB919,6,1510 50.033 (5m) Closure or service changes and relocation of residents. (a) If
11an adult family home is closing, intends to close, or is changing its type or level of
12services or means of reimbursement accepted, the department shall provide, direct,
13or arrange for relocation planning, placement, and implementation assistance in
14accordance with this subsection in order to minimize the trauma associated with the
15relocation of residents and to ensure the orderly relocation of residents.
SB919,6,1816 (b) The department and the relevant care management organization, if any,
17shall participate in the development and implementation of individual relocation
18plans under this subsection.
SB919,6,2019 (c) In any of the circumstances described under par. (a) that may result in the
20relocation of one or more residents, the adult family home shall do all of the following:
SB919,6,2521 1. Provide, at least 30 days prior to closure or a change in type or level of service
22or means of reimbursement accepted, written notice to each resident, to the
23resident's guardian, if any, and to a member of the resident's family who is not the
24resident's guardian, if any, unless the resident requests that notice to a family
25member other than a guardian be withheld. Notice shall include all of the following:
SB919,7,2
1a. A statement setting forth the reason and justification for the closure or
2change in type or level of service or means of reimbursement accepted.
SB919,7,43 b. A statement that the resident or the resident's legal representative may
4participate in the planning conference under subd. 5.
SB919,7,75 c. A statement that the resident or the resident's legal representative may
6request relocation assistance pursuant to par. (g), including the name and address
7of the department's regional office director.
SB919,7,128 d. The name, address, and telephone number of the regional office of the board
9on aging and long-term care's ombudsman program. For residents with a
10developmental disability or mental illness, the notice shall include the name,
11address, and telephone number of the protection and advocacy agency designated
12under s. 51.62 (2) (a).
SB919,7,1313 2. Attempt to resolve complaints from residents under this subsection.
SB919,7,2014 3. In the circumstance of closure, prior to the closure, identify and, to the
15greatest extent practicable, work with a care management organization to attempt
16to secure an appropriate alternative placement for each resident. In the
17circumstance of a change in type or level of service or means of reimbursement
18accepted, upon request of a resident or the resident's guardian, if any, identify and,
19to the greatest extent practicable, attempt to secure an appropriate alternative
20placement for that resident.
SB919,7,2321 4. Notify the resident's physician on the closure or change in type or level of
22services or means of reimbursement accepted and any proposed relocation's effect on
23the resident's health.
SB919,8,424 5. For any resident that requires relocation, hold a planning conference at
25which an individual relocation plan will be developed with the resident, with the

1resident's guardian, if any, and, if practicable, with a member of the resident's family
2who is not the resident's guardian, unless the resident requests that a family member
3other than a guardian not be present. A copy of the plan shall immediately be
4submitted to the department.
SB919,8,55 6. Implement the individual relocation plan developed under subd. 5.
SB919,8,106 7. Provide at least 30 days' written notice to the department of its intention to
7close or change the type or level of services or means of reimbursement accepted. The
8notice shall state the facts requiring the closure or change and the proposed date of
9closing or changing of the type or level of services or means of reimbursement
10accepted.
SB919,8,1211 8. At the time the adult family home notifies the department under subd. 7.,
12submit to the department a preliminary plan that includes all of the following:
SB919,8,1513 a. The proposed timetable for planning and implementation of relocations and
14the resources, policies, and procedures that the adult family home will provide or
15arrange in order to plan and implement the relocations.
SB919,8,1716 b. A list of the residents to be relocated and their current levels of care and a
17brief description of any special needs or conditions.
SB919,8,1918 c. An indication of which residents have guardians and the names and
19addresses of the guardians.
SB919,8,2020 d. A list of which residents have been protectively placed under ch. 55.
SB919,8,2221 e. A list of residents who the adult family home believes meet the requirements
22of s. 54.10 (3).
SB919,9,523 (d) The department shall notify the adult family home within 10 days after
24receiving the preliminary plan under par. (c) 8. if it disapproves the plan. If the
25department disapproves the preliminary plan, it shall, within 10 days of notifying

1the adult family home, begin working with the adult family home to modify the
2disapproved plan. No resident may be relocated until the department approves the
3preliminary plan or until a modified plan is agreed upon. If a plan is not approved
4or agreed upon within 30 days of receipt of the notice of relocation, the department
5may impose a plan that the adult family home shall carry out.
SB919,9,106 (e) Upon approval of, agreement to, or imposition of a plan for relocation, the
7adult family home shall establish a date of closing or changing of the type or level of
8services or means of reimbursement accepted and shall notify the department of the
9date. The date may not be earlier than 30 days from the date of approval, agreement,
10or imposition.
SB919,9,1711 (f) Within 30 days following notice to a resident under par. (c), the resident may
12send a written request for a hearing to the department to protest the adult family
13home's compliance with this subsection. The department shall hold the hearing
14within 10 days of receipt of this request. At the hearing, the burden of proving
15compliance under this subsection shall rest on the adult family home. If a resident
16prevails after hearing and requests assistance, the department shall assist the
17resident in securing an alternative placement.
SB919,9,2518 (g) The department shall offer relocation assistance to residents impacted by
19a closure or change in type or level of service or means of reimbursement accepted
20under this subsection, including information on available alternative placements.
21Residents, and the resident's guardian, if any, shall be involved in planning the
22relocation and shall choose among the available alternative placements, except that
23if an emergency situation makes prior resident involvement impossible, the
24department may make a temporary placement until a final relocation can be
25arranged. Residents, and the resident's guardian, if any, may choose their final

1alternative placement and shall be given assistance in transferring to such place.
2If the department makes or participates in making the relocation decision,
3consideration shall be given to proximity to residents' relatives and friends.
SB919,10,44 (End)
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