reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 148 - Medical societies. › 148.03 - Service insurance corporations for health care.

148.03
Service insurance corporations for health care.
The state medical society or, in a manner approved by the state society, a county society, may establish in one or more counties of this state a service insurance corporation for health care under ch. 613.
History:  1973 c. 275; 1975 c. 223.
NOTE:  Chapter 223, laws of 1975, which repealed and recreated this section contained notes on this section and the revision.
2023 Wisconsin Statutes & Annotations › Chapter 148 - Medical societies. › 148.04 - Definitions applicable to indemnification and insurance provisions.

148.04
Definitions applicable to indemnification and insurance provisions.
In ss. 148.04 to 148.17:
(1)
“Director or officer" means any of the following:
(a)
A natural person who is or was a director or officer of a medical society.
(b)
A natural person who, while a director or officer of a medical society, is or was serving at the medical society's request as a director, officer, partner, trustee, member of any governing or decision-making committee, employee or agent of another medical society or corporation, partnership, joint venture, trust or other enterprise.
(c)
A natural person who, while a director or officer of a medical society, is or was serving an employee benefit plan because his or her duties to the medical society also imposed duties on, or otherwise involved services by, the person to the plan or to participants in or beneficiaries of the plan.
(d)
Unless the context requires otherwise, the estate or personal representative of a director or officer.
(2)
“Expenses" include fees, costs, charges, disbursements, attorney fees and any other expenses incurred in connection with a proceeding.
(3)
“Liability" includes the obligation to pay a judgment, settlement, penalty, forfeiture, or fine, including any excise tax assessed with respect to an employee benefit plan, plus costs, fees, and surcharges imposed under ch. 814, and reasonable expenses.
(4)
“Party" means a natural person who was or is, or who is threatened to be made, a named defendant or respondent in a proceeding.
(5)
“Proceeding" means any threatened, pending or completed civil, criminal, administrative or investigative action, suit, arbitration or other proceeding, whether formal or informal, which involves foreign, federal, state or local law and which is brought by or in the right of the medical society or by any other person.
History:  1987 a. 13; 2003 a. 139.
2023 Wisconsin Statutes & Annotations › Chapter 148 - Medical societies. › 148.05 - Mandatory indemnification.

148.05
Mandatory indemnification.
(1)
A medical society shall indemnify a director or officer, to the extent he or she has been successful on the merits or otherwise in the defense of a proceeding, for all reasonable expenses incurred in the proceeding if the director or officer was a party because he or she is a director or officer of the medical society.
(2)
(a)
In cases not included under sub. (1), a medical society shall indemnify a director or officer against liability incurred by the director or officer in a proceeding to which the director or officer was a party because he or she is a director or officer of the medical society, unless liability was incurred because the director or officer breached or failed to perform a duty he or she owes to the medical society and the breach or failure to perform constitutes any of the following:
1.
A willful failure to deal fairly with the medical society or its members in connection with a matter in which the director or officer has a material conflict of interest.
2.
A violation of criminal law, unless the director or officer had reasonable cause to believe his or her conduct was lawful or no reasonable cause to believe his or her conduct was unlawful.
3.
A transaction from which the director or officer derived an improper personal profit.
4.
Willful misconduct.
(b)
Determination of whether indemnification is required under this subsection shall be made under s. 148.06.
(c)
The termination of a proceeding by judgment, order, settlement or conviction, or upon a plea of no contest or an equivalent plea, does not, by itself, create a presumption that indemnification of the director or officer is not required under this subsection.
(3)
A director or officer who seeks indemnification shall make a written request to the medical society.
(4)
(a)
Indemnification under this section is not required to the extent limited by the medical society's constitution or bylaws under s. 148.09.
(b)
Indemnification under this section is not required if the director or officer has previously received indemnification or allowance of expenses from any person, including the medical society, in connection with the same proceeding.
History:  1987 a. 13.
Cooperative indemnification. La Rowe and Weine. WBB Sept. 1988.
2023 Wisconsin Statutes & Annotations › Chapter 148 - Medical societies. › 148.06 - Determination of right to indemnification.

148.06
Determination of right to indemnification.
Unless otherwise provided by the constitution or bylaws or by written agreement between the director or officer and the medical society, the director or officer seeking indemnification under s. 148.05 (2) shall select one of the following means for determining his or her right to indemnification:
(1)
By majority vote of a quorum of the board of directors consisting of directors not at the time parties to the same or related proceedings. If a quorum of disinterested directors cannot be obtained, by majority vote of a committee duly appointed by the board of directors and consisting solely of 2 or more directors not at the time parties to the same or related proceedings. Directors who are parties to the same or related proceedings may participate in the designation of members of the committee.
(2)
By independent legal counsel selected by a quorum of the board of directors or its committee in the manner prescribed in sub. (1) or, if unable to obtain such a quorum or committee, by a majority vote of the full board of directors, including directors who are parties to the same or related proceedings.
(3)
By a panel of 3 arbitrators consisting of one arbitrator selected by those directors entitled under sub. (2) to select independent legal counsel, one arbitrator selected by the director or officer seeking indemnification and one arbitrator selected by the 2 arbitrators previously selected.
(4)
By an affirmative vote of a majority of members who are entitled to vote and who are present in person or represented by proxy at a meeting at which a quorum is present, if there are members having voting rights. Unless the constitution or bylaws provide otherwise, members holding one-tenth of the votes entitled to be cast, present in person or represented by proxy, shall constitute a quorum at a meeting of members. Membership rights owned by, or voted under the control of, persons who are at the time parties to the same or related proceedings, whether as plaintiffs or defendants or in any other capacity, may not be voted in making the determination.
(5)
By a court under s. 148.13.
(6)
By any other method provided for in any additional right to indemnification permitted under s. 148.11.
History:  1987 a. 13.
2023 Wisconsin Statutes & Annotations › Chapter 148 - Medical societies. › 148.07 - Allowance of expenses as incurred.

148.07
Allowance of expenses as incurred.
Upon written request by a director or officer who is a party to a proceeding, a medical society may pay or reimburse his or her reasonable expenses as incurred if the director or officer provides the medical society with all of the following:
(1)
A written affirmation of his or her good faith belief that he or she has not breached or failed to perform his or her duties to the medical society.
(2)
A written undertaking, executed personally or on his or her behalf, to repay the allowance and, if required by the medical society, to pay reasonable interest on the allowance to the extent that it is ultimately determined under s. 148.06 that indemnification under s. 148.05 (2) is not required and that indemnification is not ordered by a court under s. 148.13 (2) (b). The undertaking under this subsection shall be an unlimited general obligation of the director or officer and may be accepted without reference to his or her ability to repay the allowance. The undertaking may be secured or unsecured.
History:  1987 a. 13.
2023 Wisconsin Statutes & Annotations › Chapter 148 - Medical societies. › 148.09 - Medical society may limit indemnification.

148.09
Medical society may limit indemnification.
(1)
A medical society's obligations to indemnify under s. 148.05 may be limited as follows:
(a)
With respect to the state medical society or, except as provided in s. 148.02 (4), a county medical society organized under s. 148.02 (1) before June 13, 1987, by an amendment to its constitution or bylaws which becomes effective on or after June 13, 1987.
(b)
With respect to a county medical society organized under s. 148.02 (1) on or after June 13, 1987, except as provided in s. 148.02 (4), by its constitution or bylaws, including any amendments to its constitution or bylaws.
(2)
A limitation under sub. (1) applies if the first alleged act of a director or officer for which indemnification is sought occurred while the limitation was in effect.
History:  1987 a. 13.
2023 Wisconsin Statutes & Annotations › Chapter 148 - Medical societies. › 148.11 - Additional rights to indemnification and allowance of expenses.

148.11
Additional rights to indemnification and allowance of expenses.
(1)
Except as provided in sub. (2), ss. 148.05 and 148.07 do not preclude any additional right to indemnification or allowance of expenses that a director or officer may have under any of the following:
(a)
The constitution or bylaws.
(b)
A written agreement between the director or officer and the medical society.
(c)
A resolution of the board of directors.
(d)
A resolution, after notice, adopted by a majority vote of members who are entitled to vote.
(2)
Regardless of the existence of an additional right under sub. (1), the medical society may not indemnify a director or officer, or permit a director or officer to retain any allowance of expenses unless it is determined by or on behalf of the medical society that the director or officer did not breach or fail to perform a duty he or she owes to the medical society which constitutes conduct under s. 148.05 (2) (a) 1., 2., 3. or 4. A director or officer who is a party to the same or related proceeding for which indemnification or an allowance of expenses is sought may not participate in a determination under this subsection.
(3)
Sections 148.04 to 148.17 do not affect a medical society's power to pay or reimburse expenses incurred by a director or officer in any of the following circumstances:
(a)
As a witness in a proceeding to which he or she is not a party.
(b)
As a plaintiff or petitioner in a proceeding because he or she is or was an employee, agent, director or officer of the medical society.
History:  1987 a. 13.
2023 Wisconsin Statutes & Annotations › Chapter 148 - Medical societies. › 148.13 - Court-ordered indemnification.

148.13
Court-ordered indemnification.
(1)
Except as provided otherwise by written agreement between the director or officer and the medical society, a director or officer who is a party to a proceeding may apply for indemnification to the court conducting the proceeding or to another court of competent jurisdiction. Application shall be made for an initial determination by the court under s. 148.06 (5) or for review by the court of an adverse determination under s. 148.06 (1), (2), (3), (4) or (6). After receipt of an application, the court shall give any notice it considers necessary.
(2)
The court shall order indemnification if it determines any of the following:
(a)
That the director or officer is entitled to indemnification under s. 148.05 (1) or (2). If the court also determines that the medical society unreasonably refused the director's or officer's request for indemnification, the court shall order the medical society to pay the director's or officer's reasonable expenses incurred to obtain the court-ordered indemnification.
(b)
That the director or officer is fairly and reasonably entitled to indemnification in view of all the relevant circumstances, regardless of whether indemnification is required under s. 148.05 (2).
History:  1987 a. 13.
2023 Wisconsin Statutes & Annotations › Chapter 148 - Medical societies. › 148.15 - Indemnification and allowance of expenses of employees and agents.

148.15
Indemnification and allowance of expenses of employees and agents.
A medical society may indemnify and allow reasonable expenses of an employee or agent who is not a director or officer to the extent provided by the constitution or bylaws, by general or specific action of the board of directors or by contract.
History:  1987 a. 13.
2023 Wisconsin Statutes & Annotations › Chapter 148 - Medical societies. › 148.17 - Insurance.

148.17
Insurance.
A medical society may purchase and maintain insurance on behalf of an individual who is an employee, agent, director or officer of the medical society against liability asserted against and incurred by the individual in his or her capacity as an employee, agent, director or officer, or arising from his or her status as an employee, agent, director or officer, regardless of whether the medical society is required or authorized to indemnify or allow expenses to the individual against the same liability under ss. 148.05, 148.07, 148.11 and 148.15.
History:  1987 a. 13.
2023 Wisconsin Statutes & Annotations › Chapter 148 - Medical societies. › 148.19 - Reliance by directors or officers.

148.19
Reliance by directors or officers.
Unless the director or officer has knowledge that makes reliance unwarranted, a director or officer, in discharging his or her duties to the medical society, may rely on information, opinions, reports or statements, any of which may be written or oral, formal or informal, including financial statements and other financial data, if prepared or presented by any of the following:
(1)
An officer or employee of the medical society whom the director or officer believes in good faith to be reliable and competent in the matters presented.
(2)
Legal counsel, certified public accountants licensed or certified under ch. 442, or other persons as to matters the director or officer believes in good faith are within the person's professional or expert competence.
(3)
In the case of reliance by a director, a committee of the board of directors of which the director is not a member if the director believes in good faith that the committee merits confidence.
History:  1987 a. 13; 2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 148 - Medical societies. › 148.21 - Consideration of interests in addition to members' interests.

148.21
Consideration of interests in addition to members' interests.
In discharging his or her duties to the medical society and in determining what he or she believes to be in the best interests of the medical society, a director or officer may, in addition to considering the effects of any action on members, consider the following:
(1)
The effects of the action on employees, suppliers and customers of the medical society.
(2)
The effects of the action on communities in which the medical society operates.
(3)
Any other factors the director or officer considers pertinent.
History:  1987 a. 13.
2023 Wisconsin Statutes & Annotations › Chapter 148 - Medical societies. › 148.23 - Limited liability of directors and officers.

148.23
Limited liability of directors and officers.
(1)
Except as provided in subs. (2) and (3), a director or officer is not liable to the medical society, its members or creditors, or any person asserting rights on behalf of the medical society, its members or creditors, or any other person, for damages, settlements, fees, fines, penalties or other monetary liabilities arising from a breach of, or failure to perform, any duty resulting solely from his or her status as a director or officer, unless the person asserting liability proves that the breach or failure to perform constitutes any of the following:
(a)
A willful failure to deal fairly with the medical society or its members in connection with a matter in which the director or officer has a material conflict of interest.
(b)
A violation of criminal law, unless the director or officer had reasonable cause to believe his or her conduct was lawful or no reasonable cause to believe his or her conduct was unlawful.
(c)
A transaction from which the director or officer derived an improper personal profit.
(d)
Willful misconduct.
(2)
Except as provided in sub. (3), this section does not apply to any of the following:
(a)
A civil or criminal proceeding brought by or on behalf of any governmental unit, authority or agency.
(b)
A proceeding brought by any person for a violation of state or federal law where the proceeding is brought pursuant to an express private right of action created by state or federal statute.
(3)
Subsection (2) does not apply to a proceeding brought by a governmental unit, authority or agency in its capacity as a private party or contractor.
History:  1987 a. 13.
Cooperative indemnification. La Rowe and Weine. WBB Sept. 1988.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.01 - Definitions.

150.01
Definitions.
In this chapter:
(1)
“Acquisition" includes a change in ownership.
(2)
“Affected party" means the applicant, local planning agencies, governmental agencies, other persons providing similar services in the applicant's service area, the public to be served by the proposed project, 3rd-party payers and any other person who the department determines to be affected by an application for approval of a project.
(3)
“Approval" means a written statement from the department authorizing a person to commence implementing a project under review.
(4m)
“Approved bed capacity" means the bed count collected and verified by the department and by a hospital.
(5)
“Bed capacity" means the number of beds stated on the license of a nursing home issued under s. 50.03.
(6)
“Capital expenditure" means an expenditure by or on behalf of a nursing home or hospital that, under generally accepted accounting principles, is not properly chargeable as an expense of operations or maintenance.
(8)
“Community-based residential facility" has the meaning specified in s. 50.01 (1g).
(9)
“Cost overrun" means an obligation exceeding the maximum capital expenditure authorized by an approval.
(10)
“Department" means the department of health services.
(12)
“Hospital" has the meaning specified in s. 50.33 (2), excluding the facilities exempted by s. 50.39 (3).
(13)
“Medical assistance" has the meaning specified in s. 49.43 (8).
(15)
“Nursing home" has the meaning specified in s. 50.01 (3).
(16)
“Obligation" means any enforceable contract that is entered into for the construction, leasing, acquisition or permanent financing of a capital asset.
(17)
“Person" includes the state.
(19)
“Statewide bed limit" means the maximum number of nursing home beds or beds in facilities primarily serving the developmentally disabled allowed to be licensed under ch. 50.
(20)
“Substantial and continuing progress" means spending more than 20 percent of a project's approved cost, including fees for legal services, planning studies, financing, consultants, inspections, permits, architectural services and interest during construction.
(22)
“Working day" has the meaning specified in s. 227.01 (14).
History:  1983 a. 27, 206; 1985 a. 29; 1985 a. 182 s. 57; 1985 a. 332 s. 253; 1987 a. 27; 1987 a. 161 s. 13m; 1987 a. 399; 1989 a. 359; 1991 a. 250; 1993 a. 16; 1995 a. 27 ss. 4382 to 4385, 9126 (19); 2005 a. 253; 2007 a. 20 s. 9121 (6) (a).
A new health game. Thomas and Wagner. WBB Feb. 1984.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.03 - Rule making; forms.

150.03
Rule making; forms.
The department shall adopt rules and set standards to administer subchs. I and II. The department shall create the forms to be used and timetables to be followed under subchs. I and II in applying for an approval and in applying for the renewal or modification of an approval. The department shall issue a statement of the applicable rules and procedures to be followed in reviewing an application under subchs. I and II with each application form.
History:  1983 a. 27; 1991 a. 250.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.05 - Actions in circuit court.

150.05
Actions in circuit court.
Notwithstanding the existence or pursuit of any other remedy the department may, after consulting with the attorney general, maintain an action in the name of the state in circuit court to restrain or enjoin any violation of this chapter or rules adopted under this chapter.
History:  1983 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.11 - Enforcement.

150.11
Enforcement.
(1)
The department may refuse to issue or renew, under s. 50.03, any license for a nursing home, and may withhold, suspend or revoke, under s. 50.35, any approval for a hospital, that fails to comply with this chapter.
(2)
No person may recover through charges or rates any depreciation, interest or principal payments or any operating expenses associated with a project subject to subch. II that does not have the department's approval.
(3)
(a)
If a project whose cost falls below the minimum threshold specified in s. 150.21 (3) or (4) incurs costs exceeding the threshold, the person who operates the project shall submit an application for the department's approval under s. 150.21.
(b)
If a project that has received the department's approval incurs a cost overrun, the person who operates the project shall submit another application for the department's approval under s. 150.21.
(c)
Any person required to submit an application under this subsection for the department's approval under s. 150.21 shall comply with the time limits for submission of applications under s. 150.33 (3) and (3m). The department shall afford an applicant under this subsection a reasonable time to obtain its approval but if it rejects the application it may refuse to issue or renew a license or approval, as specified in sub. (1), and costs associated with the project may not be recovered through charges or rates, as specified in sub. (2). If the department approves the project it shall impose a forfeiture on the person who operates the project of not less than 10 percent and not more than 50 percent of the costs exceeding the threshold under par. (a) or of the cost overrun under par. (b). Project approval takes effect only after payment of the forfeiture has been made.
(4)
The department's approval of any project is revoked if the capital expenditures specified in the approval have not been obligated, if financing in an amount sufficient to complete the project has not been obtained or if substantial and continuing progress has not been undertaken within the period specified in the approval. In addition, the department's approval of any project is revoked if the person who operates a project misses any other deadlines specified in the approval and fails to make a good faith effort to meet these deadlines.
(5)
The department may reject the application for approval of a project operated by any person who has repeatedly been subject to the penalties specified in this section or may impose restrictions as part of its approval to ensure compliance with subchs. I and II.
History:  1983 a. 27; 1985 a. 72; 1987 a. 27; 1991 a. 250; 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.13 - Fees.

150.13
Fees.
Any person applying for approval under subch. I or II shall pay an application fee equal to 0.37 percent of the estimated project cost, but not less than $1,850 and not more than $37,000. No application is complete without payment of the correct fee.
History:  1983 a. 27; 1991 a. 250.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.21 - Applicability.

150.21
Applicability.
Except as provided in s. 150.46, this subchapter applies to any person who intends to engage in any of the following activities:
(1)
The construction of a new nursing home.
(2)
An increase in the bed capacity of a nursing home.
(3)
A capital expenditure, other than a renovation or replacement, that exceeds $1,000,000 by or on behalf of a nursing home.
(4)
An expenditure, other than a renovation or replacement, that exceeds $600,000 for clinical equipment by or on behalf of a nursing home.
(5)
The partial or total conversion of a nursing home to a facility primarily serving the developmentally disabled or of a facility primarily serving the developmentally disabled to a nursing home.
History:  1983 a. 27; 1987 a. 27; 1991 a. 120; 1993 a. 290; 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.27 - Per diem capital rates.

150.27
Per diem capital rates.
An application for approval of an activity specified under s. 150.21 (1), (3), (4) or (5) shall state the applicant's per diem capital rates, which are the maximum allowable reimbursement that may be granted by the department for the first 12 months following completion of the approved project. If the medical assistance facility payment formula under s. 49.45 (6m) generates per diem capital rates that are less than those stated in the application under review, the department shall use the lower rates.
History:  1983 a. 27; 1987 a. 27; 1991 a. 120; 1993 a. 290.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.29 - Approval requirement.

150.29
Approval requirement.
(1)
No person may enter into an obligation for a project described in s. 150.21 or engage in activities described in that section without the department's prior approval.
(2)
In its approval of any project the department shall specify the total number of approved additional beds and the maximum capital expenditure and per diem rates permitted.
(3)
In determining whether expenditures require prior approval under this section, the department shall aggregate separate expenditures and consider them together if any of the following applies:
(a)
The aggregated expenditures were agreed upon at the same time, authorized by one act or devised or designed as parts of one plan.
(b)
The needs for or purposes of the aggregated expenditures reasonably could have been foreseen when the first expenditure was made, and the aggregated expenditures most economically and efficiently would be made at the same time.
History:  1983 a. 27; 1993 a. 290.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.32 - Distinct-part facilities primarily serving the developmentally disabled.

150.32
Distinct-part facilities primarily serving the developmentally disabled.
(1)
Upon application to the department, the department may approve the operation for a period of time not to exceed 4 years of a distinct part of a nursing home as a facility primarily serving the developmentally disabled. Renewals of approvals initially granted under this subsection may be granted for periods of time not to exceed 4 years and only if all of the following conditions are met by the renewal applicant:
(a)
Continued operation of the facility primarily serving the developmentally disabled meets the review criteria and standards under ss. 150.31 (6) and 150.39.
(b)
There is continued need, as determined by the department, for the facility primarily serving the developmentally disabled in the health planning area in which the facility is located.
(c)
Community-based services, including services developed under s. 46.278, are inappropriate for the individuals served in the facility primarily serving the developmentally disabled.
(2)
The department may require that a nursing home seeking approval or a facility primarily serving the developmentally disabled seeking renewal under sub. (1) agree to reduce the size of the facility primarily serving the developmentally disabled, under a plan submitted by the facility and approved by the department, during the approval or renewal period, in order to reflect reduced service need or increased availability of community-based services providing long-term care.
(3)
Notwithstanding s. 150.31 (6), the department may waive any minimum size limits established under s. 150.31 (6) for a facility with an approved plan under sub. (2).
(4)
Notwithstanding s. 150.29, if initial approval of a facility primarily serving the developmentally disabled is not renewed under sub. (1) or if approval or renewal is conditioned upon the requirement of sub. (2), reconversion to nursing home beds of beds which may not be operated as part of a facility primarily serving the developmentally disabled does not require approval under s. 150.29.
History:  1987 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.33 - Applications for available beds.

150.33
Applications for available beds.
(1)
At least once each year the department shall publish a class 2 notice under ch. 985 concerning the number of nursing home beds and beds in facilities primarily serving the developmentally disabled, if any, that are available under s. 150.31 or 150.40 in each of its health planning areas. The department shall promulgate rules defining the boundaries of these areas. The notice shall state the procedures by which any person may apply for approval for those beds.
(2)
An application for approval of beds under sub. (1) shall state the applicant's per diem operating and capital rates, which are the maximum allowable reimbursement that may be granted by the department for the first 12 months following licensure of the new beds. If the medical assistance facility payment formula under s. 49.45 (6m) generates per diem operating and capital rates that are less than those stated in the application under review, the department shall use the lower rates.
(3)
The department shall provide forms for submitting applications but may only accept applications submitted within 60 days after it publishes a notice under sub. (1).
(3m)
The department shall review each application it receives for completeness. If the department finds that the application is incomplete, it shall notify the applicant of the information required within 10 working days after receiving the application. Each applicant shall provide any required additional information within 30 days following the closing date for accepting applications specified in sub. (3). The department may not accept for review any incomplete application if it fails to receive the additional information within this 30-day period until it issues another public notice soliciting applications under sub. (1). The department shall declare the application complete on the date on which the department receives all the required information.
(4)
The department shall issue a class 2 notice under ch. 985 within 20 days after the date on which it declares all applications complete under sub. (3m), listing all applicants and describing their applications.
History:  1983 a. 27; 1987 a. 27 ss. 1868 to 1871, 1874; 1987 a. 399; 1993 a. 290.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.34 - Other applications.

150.34
Other applications.
(1)
Any person intending to engage in activities subject to this subchapter not specified under s. 150.33 shall notify the department in writing of this intent at least 30 days prior to submitting an application for review. An application expires unless the department declares the application complete under sub. (2) within 365 days after the date the department receives notice of the applicant's intent to engage in the activity. The department shall provide forms for submitting applications under this section.
(2)
The department shall review each application it receives for completeness. If the department finds that the application is incomplete, it shall notify the applicant of the information required within 10 working days after receiving the application. The department shall declare the application complete on the date on which the department receives all the required information.
(3)
The department shall issue a class 2 notice under ch. 985 on or before the 20th day of the month following the month in which it declares an application complete under sub. (2), listing the applicant and describing the applicant's proposed activity.
History:  1987 a. 27, 399; 1989 a. 56.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.345 - Nursing home bed transfers.

150.345
Nursing home bed transfers.
(1)
Notwithstanding ss. 150.33 and 150.34, a nursing home may transfer a licensed bed to another nursing home, if all of the following apply:
(a)
The receiving nursing home is within the same area for allocation of nursing home beds, as determined by the department, as is the transferring nursing home, or is in a county adjoining that area.
(b)
The transferring nursing home and the receiving nursing home are owned by corporations that are owned by the same person.
(c)
The transferring and receiving nursing homes notify the department of the proposed transfer within 30 days before the transfer occurs.
(d)
The department reviews and approves the transfer.
(2)
Upon receiving the notification specified in sub. (1) (c), the department shall adjust the allocation of licensed beds under s. 150.31 for each nursing home in accordance with the transfer that was made.
History:  2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.39 - Review criteria and standards.

150.39
Review criteria and standards.
The department shall use the following criteria in reviewing each application under this subchapter, plus any additional criteria it develops by rule. The department shall consider cost containment as its first priority in applying these criteria, and shall consider the comments of affected parties. The department may not approve any project under this subchapter unless the applicant demonstrates:
(1)
The medical assistance funds appropriated are sufficient to reimburse the applicant for providing the nursing home care.
(2)
The cost of providing an equal number of nursing home beds or of an equal expansion would be consistent with the cost at similar nursing homes, and the applicant's per diem rates would be consistent with those of similar nursing homes.
(3)
The project does not conflict with the statewide bed limit under s. 150.31.
(4)
A need for additional beds in the health planning area where the project would be located.
(5)
The project is consistent with local plans for developing community-based services to provide long-term care.
(6)
Health care personnel, capital and operating funds and other resources needed to provide the proposed services are available.
(7)
The project can be undertaken within the period of validity of the approval and completed within a reasonable period thereafter.
(8)
Appropriate methods alternative to providing nursing home care in the health planning area are unavailable.
(10)
The quality of care to be provided is satisfactory, as determined by:
(a)
The department's investigations.
(b)
Materials submitted by the applicant, including independent evaluations of performance in nursing homes owned or operated by the applicant and patient satisfaction surveys.
(c)
Recommendations from affected parties concerning the quality of care provided in nursing homes owned or operated by the applicant.
(11)
For a project that would result in the relocation of nursing home beds, there are other adequate and appropriate resources available in the counties served by the nursing home to serve the nursing home residents who would be displaced by the relocation.
History:  1983 a. 27; 1987 a. 399; 1993 a. 27, 290; 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.40 - Redistribution of closed beds.

150.40
Redistribution of closed beds.
(1)
The department shall redistribute within a county the nursing home beds made available as a result of a nursing home closure within that county if all of the following apply at the time of the closure:
(a)
The number of other nursing home beds for each 1,000 persons 65 years of age or over in the county is less than 80 percent of the statewide average of nursing home beds for each 1,000 persons 65 years of age or over.
(b)
The total occupancy level for the other nursing homes in the county is equal to or more than the statewide average nursing home occupancy rate.
(2)
Subsection (1) does not apply to the following:
(a)
Nursing home beds closed under a plan approved by the department under s. 46.277 (3) (b) or 46.278 (4) (b) 1., as a result of the relocation of former residents to community-based settings.
(b)
Facilities primarily serving the developmentally disabled.
History:  1985 a. 29; 1987 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.401 - Redistribution of nursing home beds to replace transferred beds.

150.401
Redistribution of nursing home beds to replace transferred beds.
(1)
Notwithstanding ss. 150.33, 150.35, and 150.39, from the nursing home beds that are available under s. 150.31, the department shall redistribute a number of beds that corresponds to the number of approved beds of a nursing home whose owner has transferred to another location, resulting in the loss of a nursing home within 15 miles of a city with a population of 4,474 in 1990 in a county with a population of 30,226 in 1990.
(2)
All of the following apply to the redistributed nursing home beds under sub. (1):
(a)
The beds may be redistributed only to a location in a city that is specified in sub. (1).
(b)
A person may not receive approval for the beds unless the person submits to the department, on a form provided by the department, an application that meets the requirements under s. 150.33 (2).
History:  2001 a. 109.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.41 - Approvals not transferable.

150.41
Approvals not transferable.
No person may transfer through sale, lease or donation any approval granted under this subchapter. The sale, lease or donation of a nursing home before the completion or licensure of a project at that nursing home voids the approval. This section does not apply to transfers of stock within a corporation that do not alter the controlling interest in the corporation or to transfers of interests within a limited liability company that do not alter the controlling interest in the limited liability company.
History:  1983 a. 27; 1993 a. 112.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.43 - Judicial review.

150.43
Judicial review.
Any applicant adversely affected by a decision of the department under s. 150.35 (4) may petition for judicial review of the decision under s. 227.52. The scope of judicial review shall be as provided in s. 227.57 and the record before the reviewing court shall consist of:
(1)
The application and all supporting material received prior to the department's decision under s. 150.35 (3) or (3m).
(3)
The record of the public meeting, if any, under s. 150.35 (2).
(4)
The department's analysis of the project and its compliance with the criteria specified in s. 150.39.
(5)
Concluding briefs and arguments at a hearing and the findings of fact of the hearing examiner at the hearing under s. 150.35 (4).
(6)
The department's findings and conclusions issued under s. 150.35 (3) or (3m).
History:  1983 a. 27; 1985 a. 182 s. 57; 1987 a. 27, 399; 1989 a. 173.
This section precludes all affected parties, except unsuccessful applicants for licenses, from seeking s. 227.52 judicial review of a DHSS decision to grant or deny a nursing home bed license. Cox v. DHSS, 184 Wis. 2d 309, 517 N.W.2d 526 (Ct. App. 1994).
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.45 - Validity of an approval.

150.45
Validity of an approval.
(1)
An approval is valid for one year from the date of issuance. The department may grant a single extension of up to 6 months.
(2)
The department shall specify the maximum capital expenditure that may be obligated for a project.
(3)
Any person whose project has been approved under this subchapter shall document in writing, on forms developed by the department, the progress of the project. The person shall submit these forms semiannually until the project is completed. On these forms, the person shall:
(a)
Identify the project and the approval holder.
(b)
Specify the date of approval.
(c)
Describe the stages of the project that are complete.
(d)
Report on the project's status, including any deficiencies.
(e)
Identify any cost overrun and propose changes in the project necessary to reduce costs, so as not to exceed the maximum approved capital expenditure.
(f)
Estimate the date that uncompleted stages of the project will be completed.
History:  1983 a. 27; 1993 a. 290.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.46 - Exceptions.

150.46
Exceptions.
(1)
This subchapter does not apply to a Wisconsin veterans home operated by the department of veterans affairs under s. 45.50.
(2)
This subchapter does not apply to up to 4 facilities established and operated under s. 46.047.
History:  1991 a. 120; 1993 a. 16; 1999 a. 9, 63; 2005 a. 22.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.84 - Definitions.

150.84
Definitions.
In this subchapter:
(1)
“Cooperative agreement" means an agreement between 2 health care providers or among more than 2 health care providers for the sharing, allocation or referral of patients; or the sharing or allocation of personnel, instructional programs, support services and facilities, medical, diagnostic or laboratory facilities or procedures or other services customarily offered by health care providers.
(2)
“Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center or other place licensed or approved by the department under s. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08 or 51.09 or a facility under s. 45.50, 51.05, 51.06, 233.40, 233.41, 233.42 or 252.10.
(3)
“Health care provider" means any person licensed, registered, permitted or certified by the department or by the department of safety and professional services to provide health care services in this state.
(4)
“Health maintenance organization" has the meaning given in s. 609.01 (2).
(5)
“Preferred provider plan" has the meaning given in s. 609.01 (4).
History:  1991 a. 250; 1993 a. 27; 1995 a. 27; 1997 a. 35; 1999 a. 9; 2005 a. 22; 2011 a. 32.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.86 - Judicial review.

150.86
Judicial review.
A denial by the department under s. 150.85 (3) (b) of an application for a certificate of public advantage and a revocation by the department under s. 150.85 (5) (a) of a certificate of public advantage is subject to judicial review under ch. 227.
History:  1991 a. 250.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.93 - Moratorium on construction of hospital beds.

150.93
Moratorium on construction of hospital beds.
(1)
The maximum number of beds of approved hospitals in this state that may be approved by the department for occupancy is 22,516.
(2)
Except as provided in subs. (3) and (3m), before July 1, 1996, no person may obligate for a capital expenditure or implement services, by or on behalf of a hospital, to increase the approved bed capacity of a hospital unless the person has, prior to May 12, 1992, entered into a legally enforceable contract, promise or agreement with another to so obligate or implement.
(3)
A person may obligate for a capital expenditure, by or on behalf of a hospital, to renovate or replace on the same site existing approved beds of the hospital or to make new construction, if the renovation, replacement or new construction does not increase the approved bed capacity of the hospital.
(3m)
A person may obligate for a capital expenditure or implement services that increase the approved bed capacity of a hospital if the capital expenditure or services are necessitated by a transfer of beds from a public hospital that is operated by a county with a population of 750,000 or more to a private hospital and if the resulting combined total number of approved beds in the 2 hospitals does not increase.
(4)
No person may transfer approved beds of a hospital to a facility that is associated with the hospital.
(5)
This section does not apply to a hospital operated by the state department of veterans affairs under s. 45.50 (10).
History:  1991 a. 250; 1995 a. 20, 27; 2005 a. 22; 2017 a. 207 s. 5.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.94 - Definitions.

150.94
Definitions.
In this subchapter:
(1)
Notwithstanding s. 150.01 (12), “hospital" has the meaning given in s. 50.33 (2).
(2)
“Inpatient facility" has the meaning given in s. 51.01 (10).
History:  1991 a. 250; 1995 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.95 - Moratorium.

150.95
Moratorium.
(1)
Before July 1, 1996, no person may obligate for a capital expenditure by or on behalf of a hospital, to add to the number of the licensed psychiatric or chemical dependency beds of the hospital that the department determines exist on May 12, 1992, or to establish a new hospital with psychiatric or chemical dependency beds. Before July 1, 1996, no person may convert existing hospital beds approved for occupancy to licensed psychiatric or chemical dependency beds of the hospital.
(2)
This section does not apply to a hospital operated by the state department of veterans affairs under s. 45.50 (10).
History:  1991 a. 250; 1995 a. 20, 27; 2005 a. 22.
2023 Wisconsin Statutes & Annotations › Chapter 150 - Regulation of health services. › 150.951 - Exceptions.

150.951
Exceptions.
Section 150.95 does not apply to any of the following:
(1)
A transfer of psychiatric or chemical dependency beds from a public hospital that is operated by a county with a population of 750,000 or more and that is not an inpatient facility to a private hospital or to a public hospital that is an inpatient facility, if the resulting combined total of licensed psychiatric or chemical dependency beds in the affected hospitals does not increase.
(2)
A transfer of psychiatric or chemical dependency beds from a hospital to a private hospital in the same county that has an existing psychiatric or chemical dependency unit or to a public hospital that is operated by the same county, if the resulting combined total of licensed psychiatric or chemical dependency beds in the affected hospitals decreases from the number that is specified in s. 150.95.
History:  1995 a. 27, 417; 2017 a. 207 s. 5.