reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.10 - Private cause of action.

50.10
Private cause of action.
(1)
Any person residing in a nursing home has an independent cause of action to correct conditions in the nursing home or acts or omissions by the nursing home or by the department, that:
(a)
The person alleges violate this subchapter or rules promulgated under this subchapter; and
(b)
The person alleges are foreseeably related to impairing the person's health, safety, personal care, rights or welfare.
(2)
Actions under this section are for mandamus against the department or for injunctive relief against either the nursing home or the department.
History:  1981 c. 121, 391.
This section applies only to residents of a nursing home, which is different from a community based residential facility. Residents of community-based residential facilities do not have a private cause of action for statutory or administrative code violations. Farr v. Alternative Living Services, Inc., 2002 WI App 88, 253 Wis. 2d 790, 643 N.W.2d 841, 01-0971.
Wisconsin's Private Cause of Action for Nursing Home Residents. Bertrand. Wis. Law. Sept. 1989.
Protecting the Rights of Nursing Home Residents. Spitzer-Resnick. Wis. Law. May 1993.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.11 - Cumulative remedies.

50.11
Cumulative remedies.
The remedies provided by this subchapter are cumulative and shall not be construed as restricting any remedy, provisional or otherwise, provided by law for the benefit of any party, and no judgment under this subchapter shall preclude any party from obtaining additional relief based upon the same facts.
History:  1977 c. 170.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.12 - Waiver of federal requirements.

50.12
Waiver of federal requirements.
The department shall petition the secretary of the U.S. department of health and human services for a waiver of the requirement that it conduct annual medical assistance surveys of nursing homes, for a waiver of the requirement that it conduct annual independent medical reviews and independent professional reviews, to allow the department under 42 USC 1396a (a) (26) and (31) to conduct biennial surveys and reviews and for any waivers necessary to implement the special requirements promulgated under s. 50.02 (3) (d).
History:  1981 c. 121; 1985 a. 29.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.13 - Fees permitted for a workshop or seminar.

50.13
Fees permitted for a workshop or seminar.
If the department develops and provides a workshop or seminar relating to the provision of service by facilities, adult family homes or residential care apartment complexes under this subchapter, the department may establish a fee for each workshop or seminar and impose the fee on registrants for the workshop or seminar. A fee so established and imposed shall be in an amount sufficient to reimburse the department for the costs directly associated with developing and providing the workshop or seminar.
History:  1985 a. 120; 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.135 - Licensing and approval fees for inpatient health care facilities.

50.135
Licensing and approval fees for inpatient health care facilities.
(1)
Definition. In this section, “inpatient health care facility" means any hospital, nursing home, county home, county mental hospital or other place licensed or approved by the department under ss. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08 and 51.09, but does not include community-based residential facilities.
(2)
Fees.
(a)
The annual fee for any inpatient health care facility except a nursing home is $18 per bed, based on the number of beds for which the facility is licensed. The annual fee for any nursing home is $6 per bed, based on the number of beds for which the nursing home is licensed. This fee shall be paid to the department on or before October 1 for the ensuing year. Each new inpatient health care facility shall pay this fee no later than 30 days before it opens.
(b)
Any inpatient health care facility that fails to pay its fee on or before the date specified in par. (a) shall pay an additional fee of $10 per day for every day after the deadline.
(c)
The fees collected under par. (a) shall be credited to the appropriation account under s. 20.435 (6) (jm) for licensing, review and certifying activities.
(3)
Exemption. The inpatient health care facilities under ss. 45.50, 48.62, 51.05, 51.06, 233.40, 233.41, 233.42 and 252.10 are exempt from this section.
History:  1983 a. 27, 192; 1985 a. 29; 1987 a. 27; 1993 a. 16; 1993 a. 27 s. 257; Stats. 1993 s. 50.135; 1995 a. 27; 1997 a. 27, 35; 1999 a. 9; 2005 a. 22, 25.
Sub. (1) requires that all of the specifically enumerated facilities must be places licensed or approved by the Department of Health and Family Services. A VA hospital is not within the definition of inpatient health care facility as it is subject to federal regulation and is not licensed or regulated by the state. State v. Powers, 2004 WI App 156, 276 Wis. 2d 107, 687 N.W.2d 50, 03-1514.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.32 - Hospital regulation and approval act.

50.32
Hospital regulation and approval act.
Sections 50.32 to 50.39 shall constitute the “Hospital Regulation and Approval Act".
History:  1975 c. 413 ss. 4, 18; Stats. 1975 s. 50.32.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.33 - Definitions.

50.33
Definitions.
Whenever used in ss. 50.32 to 50.39:
(1c)
“Conditions for Medicare participation for hospitals" means the conditions of participation specified under 42 CFR 482 or, with respect to critical access hospitals, 42 CFR 485.
(1g)
“Critical access hospital" means a hospital that is designated by the department as meeting the requirements of 42 USC 1395i-4 (c) (2) (B) and is federally certified as meeting the requirements of 42 USC 1395i-4 (e).
(1r)
“Governmental unit" means the state, any county, town, city, village, or other political subdivision or any combination thereof, department, division, board or other agency of any of the foregoing.
(2)
(a)
“Hospital" means any building, structure, institution or place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment of and medical or surgical care for 3 or more nonrelated individuals hereinafter designated patients, suffering from illness, disease, injury or disability, whether physical or mental, and including pregnancy and regularly making available at least clinical laboratory services, and diagnostic X-ray services and treatment facilities for surgery, or obstetrical care, or other definitive medical treatment.
(b)
“Hospital" may include, but not in limitation thereof by enumeration, related facilities such as outpatient facilities, nurses', interns' and residents' quarters, training facilities and central service facilities operated in connection with hospitals.
(c)
“Hospital" includes “special hospitals" or those hospital facilities that provide a limited type of medical or surgical care, including orthopedic hospitals, children's hospitals, critical access hospitals, mental hospitals, psychiatric hospitals or maternity hospitals.
(2d)
“Hospital-associated service” means a health care service that meets all of the following conditions:
(a)
The service is of the same type as those furnished by a hospital in an inpatient or outpatient facility.
(b)
The service is of a type for which a payment could be claimed as a hospital service under the federal Medicare program, 42 USC 1395 et seq.
(c)
The service is provided at a location other than in a facility approved by the department under s. 50.35.
(d)
The service is provided in a home setting.
(3)
“Requirements for hospitals" means all of the rules, standards, and requirements described in or promulgated under ss. 50.32 to 50.39 that apply to hospitals, including the standards described under s. 50.36 (1).
History:  1975 c. 413 ss. 4, 18; Stats. 1975 s. 50.33; 1977 c. 83 s. 26 (4); 1979 c. 175; 1983 a. 189; 1997 a. 237; 2013 a. 236; 2021 a. 10, 208.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.34 - Purpose.

50.34
Purpose.
The purpose of ss. 50.32 to 50.39 is to provide for the development, establishment and enforcement of rules and standards for the construction, maintenance and operation of hospitals which, in the light of advancing knowledge, will promote safe and adequate care and treatment of patients in such hospitals.
History:  1975 c. 413 ss. 4, 18; Stats. 1975 s. 50.34.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.35 - Application and approval.

50.35
Application and approval.
Application for approval to maintain a hospital shall be made to the department on forms provided by the department. On receipt of an application, the department shall, except as provided in s. 50.498, issue a certificate of approval if the applicant and hospital facilities meet the requirements for hospitals. The department shall issue a single certificate of approval for the University of Wisconsin Hospitals and Clinics Authority that applies to all of the Authority's inpatient and outpatient hospital facilities that meet the requirements for hospitals and for which the Authority requests approval. For a free-standing pediatric teaching hospital, the department shall issue a single certificate of approval that applies to all of the hospital's inpatient and outpatient hospital facilities that meet the requirements for hospitals and for which the hospital requests approval. Except as provided in s. 50.498, this approval shall be in effect until, for just cause and in the manner herein prescribed, it is suspended or revoked. The certificate of approval may be issued only for the premises and persons or governmental unit named in the application and is not transferable or assignable. The department shall withhold, suspend, or revoke approval for a failure to comply with s. 165.40 (6) (a) 1. or 2., but, except as provided in s. 50.498, otherwise may not withhold, suspend, or revoke approval unless for a substantial failure to comply with the requirements for hospitals after giving a reasonable notice, a fair hearing, and a reasonable opportunity to comply. Failure by a hospital to comply with s. 50.36 (3m) shall be considered to be a substantial failure to comply under this section.
History:  1975 c. 413 ss. 4, 18; Stats. 1975 s. 50.35; 1989 a. 37; 1997 a. 93, 237; 2009 a. 2, 28; 2013 a. 236.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.355 - Reporting.

50.355
Reporting.
Every 12 months, on a schedule determined by the department, an approved hospital shall submit an annual report in the form and containing the information that the department requires, including payment of the fee required under s. 50.135 (2) (a). If a complete annual report is not timely filed, the department shall issue a warning to the holder of the certificate for approval. The department may revoke approval for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.
History:  1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.37 - Notification to accrediting organization.

50.37
Notification to accrediting organization.
The department shall notify a national accrediting organization that has accredited a hospital and the board of governors of the injured patients and families compensation fund under s. 619.04 (3) if the department has done any of the following:
(1)
Suspended or revoked the hospital's approval under s. 50.35.
(2)
Issued an order to the hospital.
(3)
Suspended new admissions to the hospital under s. 50.39 (5).
(4)
Recommended to the federal centers for medicare and medicaid services that the hospital be decertified from the federal medicare program under 42 USC 1395 to 1395ccc or the federal medicaid program under 42 USC 1396 to 1396r-3 for failure to meet a condition of participation under the program.
History:  1989 a. 37; 2003 a. 111; 2013 a. 236.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.375 - Emergency contraception for sexual assault victims.

50.375
Emergency contraception for sexual assault victims.
(1)
In this section:
(a)
“Emergency contraception" means a drug, medicine, oral hormonal compound, mixture, preparation, instrument, article, or device that is approved by the federal food and drug administration and that prevents a pregnancy after sexual intercourse. “Emergency contraception" does not include a drug, medicine, oral hormonal compound, mixture, preparation, instrument, article, or device of any nature that is prescribed to terminate the pregnancy of a female.
(b)
“Sexual assault" means a violation of s. 940.225 (1), (2), or (3).
(c)
“Victim" means a female who alleges or for whom it is alleged that she suffered sexual assault and who, as a result of the sexual assault, presents as a patient at a hospital that provides emergency services.
(2)
A hospital that provides emergency services to a victim shall do all of the following:
(a)
Provide to the victim medically and factually accurate and unbiased written and oral information about emergency contraception and its use and efficacy.
(b)
Orally inform the victim of all of the following:
1.
Her option to receive emergency contraception at the hospital.
2.
Her option to report the sexual assault to a law enforcement agency.
3.
Any available options for her to receive an examination to gather evidence regarding the sexual assault.
(c)
Except as specified in sub. (4), immediately provide to the victim upon her request emergency contraception, in accordance with instructions approved by the federal food and drug administration. If the medication is taken in more than one dosage, the hospital shall provide all subsequent dosages to the victim for later self administration.
(3)
A hospital that provides emergency care shall ensure that each hospital employee who provides care to a victim has available medically and factually accurate and unbiased information about emergency contraception.
(4)
No hospital may be required to provide emergency contraception to a victim who is pregnant, as indicated by a test for pregnancy.
(5)
The department shall respond to any complaint received by the department concerning noncompliance by a hospital with the requirements of subs. (2) and (3) and shall periodically review hospital procedures to determine whether a hospital is in compliance with the requirements.
History:  2007 a. 102.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.377 - Forfeiture.

50.377
Forfeiture.
(1)
Whoever violates a requirement under s. 50.375 (2) or (3) may be required to forfeit not less than $2,500 nor more than $5,000 for each violation.
(2)
The department may directly assess forfeitures provided for under sub. (1). If the department determines that a forfeiture should be assessed for a particular violation, the department shall send a notice of assessment to the hospital. The notice shall specify the amount of the forfeiture assessed, the violation and the statute or rule alleged to have been violated, and shall inform the hospital of the right to a hearing under sub. (3).
(3)
A hospital may contest an assessment of a forfeiture by sending, within 10 days after receipt of notice under sub. (2), a written request for a hearing under s. 227.44 to the division of hearings and appeals created under s. 15.103 (1). The administrator of the division may designate a hearing examiner to preside over the case and recommend a decision to the administrator under s. 227.46. The decision of the administrator of the division shall be the final administrative decision. The division shall commence the hearing within 30 days after receipt of the request for a hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227. In any petition for judicial review of a decision by the division, the party, other than the petitioner, who was in the proceeding before the division shall be the named respondent.
(4)
All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under sub. (3), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the secretary of administration for deposit in the school fund.
(5)
The attorney general may bring an action in the name of the state to collect any forfeiture imposed under this section if the forfeiture has not been paid following the exhaustion of all administrative and judicial reviews. The only issue to be contested in any such action shall be whether the forfeiture has been paid.
History:  2007 a. 102; 2009 a. 2 s. 70.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.495 - Fees permitted for a workshop or seminar.

50.495
Fees permitted for a workshop or seminar.
If the department develops and provides a workshop or seminar relating to the provision of services by hospitals and home health agencies under this subchapter, the department may establish a fee for each workshop or seminar and impose the fee on registrants for the workshop or seminar. A fee so established and imposed shall be in an amount sufficient to reimburse the department for the costs directly associated with developing and providing the workshop or seminar.
History:  1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.498 - Denial, nonrenewal and revocation of license, certification or registration based on delinquent taxes or unemployment insurance contributions.

50.498
Denial, nonrenewal and revocation of license, certification or registration based on delinquent taxes or unemployment insurance contributions.
(1)
Except as provided in sub. (1m), the department shall require each applicant to provide the department with his or her social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing any of the following:
(a)
A certificate of approval under s. 50.35.
(b)
A license under s. 50.49 (6) (a).
(c)
A provisional license under s. 50.49 (10).
(1m)
If an individual who applies for a certificate of approval, license or provisional license under sub. (1) does not have a social security number, the individual, as a condition of obtaining the certificate of approval, license or provisional license, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of children and families. A certificate of approval, license or provisional license issued in reliance upon a false statement submitted under this subsection is invalid.
(2)
The department may not disclose any information received under sub. (1) to any person except to the department of revenue for the sole purpose of requesting certifications under s. 73.0301 and to the department of workforce development for the sole purpose of requesting certifications under s. 108.227.
(3)
Except as provided in sub. (1m), the department shall deny an application for the issuance of a certificate of approval, license or provisional license specified in sub. (1) if the applicant does not provide the information specified in sub. (1).
(4)
(a)
The department shall deny an application for the issuance of a certificate of approval, license or provisional license specified in sub. (1) or shall revoke a certificate of approval, license or provisional license specified in sub. (1), if the department of revenue certifies under s. 73.0301 that the applicant for or holder of the certificate of approval, license or provisional license is liable for delinquent taxes.
(b)
The department shall deny an application for the issuance of a certificate of approval, license or provisional license specified in sub. (1) or shall revoke a certificate of approval, license or provisional license specified in sub. (1), if the department of workforce development certifies under s. 108.227 that the applicant for or holder of the certificate of approval, license or provisional license is liable for delinquent unemployment insurance contributions.
(5)
An action taken under sub. (3) or (4) is subject to review only as provided under s. 73.0301 (2) (b) and (5) or s. 108.227 (5) and (6), whichever is applicable.
History:  1997 a. 237; 1999 a. 9; 2007 a. 20; 2013 a. 36.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.50 - Definitions.

50.50
Definitions.
In this subchapter:
(1)
“Ambulatory surgery center" has the meaning given in 42 CFR 416.2.
(1m)
“Critical access hospital" has the meaning given in s. 50.33 (1g).
(2)
“End-stage renal disease services" has the meaning given under 42 CFR 405.2102.
(3)
“Health care services" means any of the following:
(a)
Care that is provided in or by any of the following:
1.
A hospital.
2.
A nursing home.
3.
A hospice.
4.
A rural health clinic.
5.
An ambulatory surgery center.
6.
A critical access hospital.
(b)
Home health services.
(c)
Outpatient physical therapy services.
(cm)
Outpatient occupational therapy services.
(d)
End-stage renal disease services.
(e)
Services that are specified in rules that the department promulgates.
(4)
“Home health services" has the meaning given in s. 50.49 (1) (b).
(5)
“Hospice" has the meaning given in s. 50.90 (1).
(6)
“Hospital" has the meaning given in s. 50.33 (2) (a) or (b), except that “hospital" does not include a critical access hospital.
(7)
“Medicare" has the meaning given in s. 49.45 (3) (L) 1. b.
(7m)
“Occupational therapy" has the meaning given in s. 448.96 (5).
(8)
“Outpatient physical therapy services" has the meaning given under 42 USC 1395x (p).
(9)
“Patient" means an individual who receives services from a rural medical center.
(10)
“Rural health clinic" has the meaning given under 42 USC 1395x (aa) (2).
(11)
“Rural medical center" means an arrangement of facilities, equipment, services and personnel that is all of the following:
(a)
Organized under a single governing and corporate structure.
(b)
Capable of providing or assuring health care services, including appropriate referral, treatment and follow-up services, at one or more locations in a county, city, town or village that has a population of less than 15,000 and that is in an area that is not an urbanized area, as defined by the federal bureau of the census.
(c)
A provider of at least 2 health care services under the arrangement or through a related corporate entity.
History:  1995 a. 98; 1997 a. 237, 252; 1999 a. 180.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.51 - Departmental powers.

50.51
Departmental powers.
The department shall do all of the following:
(1)
Provide uniform, statewide licensing, inspection and regulation of rural medical centers as specified in this subchapter.
(2)
Promulgate rules that establish all of the following:
(a)
For the operation of licensed rural medical centers, standards that are designed to protect and promote the health, safety, rights and welfare of patients who receive health care services in rural medical centers.
(b)
Minimum requirements for issuance of a provisional license or a regular license to rural medical centers.
(c)
Fees for rural medical center provisional licensure and regular licensure. The amounts of the fees shall be based on the health care services provided by the rural medical center.
(d)
A procedure and criteria for waiver of or variance from standards under par. (a) or minimum requirements under par. (b).
History:  1995 a. 98; 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.52 - Licensing procedure and requirements.

50.52
Licensing procedure and requirements.
(1)
No person may be required to obtain licensure as a rural medical center, except that no person may conduct, maintain, operate or permit to be conducted, maintained or operated health care services as a rural medical center unless the rural medical center is licensed by the department.
(2)
The department shall issue a provisional license or a regular license as a rural medical center to an applicant if all of the following are first done:
(a)
The applicant pays the appropriate license fee, as established under s. 50.51 (2) (c). Fees collected under this paragraph shall be credited to the appropriation under s. 20.435 (6) (jm) for licensing and inspection activities.
(b)
Except as provided in par. (c), the department inspects the health care services provided by the applying rural medical center and finds that the applicant is fit and qualified and meets the requirements and standards of this subchapter and the rules promulgated under this subchapter.
(c)
In lieu of conducting the inspection under par. (b), the department accepts evidence that an applicant meets one of the following requirements:
1.
Has applicable current, valid state licensure or approval as a hospital, a nursing home, a hospice or a home health agency.
2.
Has an applicable, current agreement to participate as an eligible provider in medicare.
3.
Is a critical access hospital.
4.
Satisfies qualifications that are specified by the department by rule.
(3)
Each license shall bear the name of the owner of the rural medical center, the name and address of the rural medical center and the health care services that the department licenses the rural medical center to provide.
(4)
A regular license issued to a rural medical center is valid until it is suspended or revoked. A provisional license issued to a rural medical center is valid for 6 months from the date of issuance.
(5)
Each license shall be issued only for the rural medical center and owner that are named in the license application and may not be transferred or assigned.
History:  1995 a. 98; 1997 a. 27, 237.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.53 - Inspections and investigations.

50.53
Inspections and investigations.
(1)
The department may conduct unannounced inspections or investigations of a rural medical center as the department considers necessary.
(2)
A rural medical center that is inspected or investigated under this section shall provide the department with access to patient health care records, regardless of the source of patient health care payment, to fulfill the purpose of any inspections or investigations that the department conducts.
History:  1995 a. 98
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.535 - Reporting.

50.535
Reporting.
Every 24 months, on a schedule determined by the department, a licensed rural medical center shall submit a biennial report in the form and containing the information that the department requires, including payment of the fee required under s. 50.51 (2) (c). If a complete annual report is not timely filed, the department shall issue a warning to the licensee. The department may revoke the license for failure to timely and completely report within 60 days after the report date established under the schedule determined by the department.
History:  1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.54 - Prohibitions.

50.54
Prohibitions.
(1)
An entity that is not licensed as a rural medical center under this subchapter may not designate itself as a “rural medical center" or use the phrase “rural medical center" to represent or tend to represent the entity as a rural medical center or services provided by the entity as health care services provided by a rural medical center.
(2)
No person may do any of the following:
(a)
Intentionally prevent, interfere with or impede an investigation by the department of an alleged violation or enforcement by the department of a requirement of this subchapter or the rules promulgated under this subchapter.
(b)
Intentionally retaliate or discriminate against a patient or rural medical center employee for doing any of the following:
1.
Contacting or providing information to a state agency, as defined in s. 16.004 (12) (a).
2.
Initiating, participating in or testifying in an action to enforce any provision of this subchapter or rules promulgated under this subchapter.
(c)
Intentionally destroy or modify the original report of an inspection that the department conducts under this subchapter or the rules promulgated under this subchapter.
History:  1995 a. 98
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.55 - Penalties and remedies.

50.55
Penalties and remedies.
(1)
Forfeitures.
(a)
Any person who violates this subchapter or any rule promulgated under this subchapter, except s. 50.54 (2), may be required to forfeit not less than $100 nor more than $500 for each offense. Each day of continued violation constitutes a separate offense.
(b)
In determining whether a forfeiture is to be imposed and in fixing the amount of the forfeiture to be imposed, if any, for a violation, the department shall consider all of the following factors:
1.
The gravity of the violation.
2.
Good faith exercised by the licensee.
3.
Any previous violations committed by the licensee.
4.
The financial benefit to the rural medical center of committing or continuing to commit the violation.
(c)
The department may directly assess forfeitures provided for under par. (a). If the department determines that a forfeiture should be assessed for a particular violation or for failure to correct it, the department shall send a notice of assessment to the rural medical center. The notice shall specify the amount of the forfeiture assessed, the violation, and the statute or rule alleged to have been violated, and shall inform the licensee of the right to a hearing under par. (d).
(d)
A rural medical center may contest an assessment of forfeiture by sending, within 10 days after receipt of notice under par. (c), a written request for hearing under s. 227.44 to the division of hearings and appeals under s. 15.103 (1). The division shall commence the hearing within 30 days after receipt of the request for hearing and shall issue a final decision within 15 days after the close of the hearing. Proceedings before the division are governed by ch. 227.
(e)
All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (d), within 10 days after receipt of the final decision, unless the final decision is appealed and the decision is in favor of the appellant. The department shall remit all forfeitures paid to the secretary of administration for deposit in the school fund.
(2)
Other penalty. Whoever violates s. 50.54 (2) may be fined not more than $1,000 or imprisoned for not more than 6 months or both.
(3)
Injunction. The department may, upon the advice of the attorney general, who shall represent the department in all proceedings under this subsection, institute an action in the name of the state in the circuit court for Dane County for injunctive relief or other process against any licensee, owner, operator, administrator or representative of any owner of a rural medical center for the violation of any of the provisions of this subchapter or rules promulgated under this subchapter if the department determines that the violation seriously affects the care, treatment, health, safety, rights, welfare or comfort of patients.
History:  1995 a. 98; 2003 a. 33.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.56 - Applicability.

50.56
Applicability.
(1)
Any of the following facilities or entities is not required to obtain licensure or a certificate of approval under the following statutes or to pay license fees under the following statutes if all of the services of the facility or entity are provided as a part of a rural medical center that holds a valid license under this subchapter:
(a)
A hospital, under ss. 50.135 (2) (a) and (b) and 50.35.
(b)
A nursing home, under ss. 50.03 (1) and 50.135 (2) (a) and (b).
(c)
A hospice, under ss. 50.92 (1) and 50.93 (1) (c).
(d)
A home health agency, under s. 50.49 (2) (b) and (8).
(2)
Subsection (1) may not be construed to apply to limit the authority of the department to develop, establish or enforce any statutes and rules for the care, treatment, health, safety, rights, welfare and comfort of patients or residents of facilities or entities that are specified in sub. (1) (a) to (d) and for the construction, general hygiene, maintenance or operation of those facilities or entities.
(3)
Notwithstanding sub. (2), insofar as a conflict exists between this subchapter, or the rules promulgated under this subchapter, and subch. I, II or VI, or the rules promulgated under subch. I, II or VI, the provisions of this subchapter and the rules promulgated under this subchapter control.
(4)
This subchapter may not be construed to limit a health care service that is included in a rural medical center from any tax-exempt financing or reimbursement, insurance, payment for services or other advantage for which a health care service that is not included in a rural medical center is eligible.
History:  1995 a. 98; 1997 a. 27, 237; 2015 a. 265.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.57 - Fees permitted for a workshop or seminar.

50.57
Fees permitted for a workshop or seminar.
If the department develops and provides a workshop or seminar relating to the provision of services by rural medical centers under this subchapter, the department may establish a fee for each workshop or seminar and impose the fee on registrants for the workshop or seminar. A fee so established and imposed shall be in an amount sufficient to reimburse the department for the costs directly associated with developing and providing the workshop or seminar.
History:  1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.60 - Definitions; clinics.

50.60
Definitions; clinics.
In this subchapter:
(1)
“Health care provider" has the meaning given in s. 146.81 (1) (a) to (hp).
(2)
“Interventional pain medicine" means the branch of medicine and surgery devoted to the diagnosis and treatment of pain syndromes through the use of invasive techniques.
(3)
“Pain clinic" means any of the following:
(a)
A privately owned facility where a majority of the health care providers, practicing within the scope of their licenses, devotes a majority of their practices to the treatment of pain syndromes through the practice of pain medicine or interventional pain medicine.
(b)
A privately owned facility that advertises or otherwise holds itself out as providing pain medicine or interventional pain medicine services and that has one or more employees or contractors who prescribe opioids or opiates, benzodiazepines, barbiturates, or carisoprodol as chronic therapy for pain syndromes.
(4)
“Pain medicine" means the branch of medicine devoted to the diagnosis and treatment of pain syndromes through treatments, including prescription of a monitored prescription drug, as defined in s. 961.385 (1) (ag).
(5)
“Pain syndrome" means any of the following:
(a)
Pain that is reasonably anticipated to persist, or has persisted, beyond the time frame for normal healing.
(b)
Pain that is reasonably anticipated to persist, or has persisted, for more than 3 months.
History:  2015 a. 265.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.92 - Licensing requirements.

50.92
Licensing requirements.
(1)
No person may conduct, maintain, operate or otherwise participate in conducting, maintaining or operating a hospice unless the hospice is licensed by the department.
(2)
The department shall issue a license if the department finds that the applicant is fit and qualified and that the hospice meets the requirements of this subchapter and the rules promulgated under this subchapter.
(3)
The department or the department's designated representative shall inspect or investigate a hospice prior to issuance of a license for the hospice except as provided in sub. (4) and may inspect or investigate a hospice as the department deems necessary, including conducting home visits or a review of health care records of any individuals with terminal illness served by the hospice, to determine if any person is in violation of this subchapter.
(3m)
The department may conduct plan reviews of all capital construction and remodeling of structures that are owned or leased for operation of a hospice. The department shall promulgate rules that establish a fee schedule for its services in conducting the plan reviews under this subsection.
(4)
(a)
In lieu of inspecting or investigating a hospice under sub. (3) prior to issuance of a license, the department may accept evidence that a hospice applying for licensure under s. 50.93 has been inspected under and is currently certified as meeting the conditions for medicare participation under 42 USC 1395 to 1395ccc. If a hospice fails to meet the conditions for medicare participation under 42 USC 1395 to 1395ccc, the department shall inspect or investigate the hospice under sub. (3) before initially issuing a license for the hospice.
(b)
In lieu of inspecting or investigating a hospice under sub. (3) prior to issuance of a license, the department may accept evidence that a hospice applying for licensure under s. 50.93 has accreditation as a hospice from an organization that is approved by the federal centers for Medicare and Medicaid services and that meets any requirements established by the department. A hospice shall provide the department with a copy of the report by the accreditation organization of each periodic review the organization conducts of the hospice.
(5)
The past record of violations of applicable laws or regulations of the United States or of state statutes or rules of this or any other state, in the operation of any health-related organization, by an operator, managing employee or direct or indirect owner of a hospice or of an interest of a hospice is relevant to the issue of the fitness of an applicant for a license. The department or the department's designated representative shall inspect and investigate as necessary to determine the conditions existing in each case under this subsection and shall prepare and maintain a written report concerning the investigation and inspection.
History:  1989 a. 199; 1997 a. 27; 2015 a. 55; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.925 - Use of name or advertising prohibited.

50.925
Use of name or advertising prohibited.
No entity that is not a hospice licensed under this subchapter or an applicant for a license or a provisional license under this subchapter may designate itself as a “hospice" or use the word “hospice" to represent or tend to represent the entity as a hospice or services provided by the entity as services provided by a hospice.
History:  1989 a. 199.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.942 - Accompaniment or visitation.

50.942
Accompaniment or visitation.
If a hospice has a policy on who may accompany or visit a patient, the hospice shall extend the same right of accompaniment or visitation to a patient's domestic partner under ch. 770 as is accorded the spouse of a patient under the policy.
History:  2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.95 - Rule-making authority.

50.95
Rule-making authority.
The department shall promulgate all of the following rules:
(1)
Except as provided in s. 50.942, standards for the care, treatment, health, safety, rights, welfare and comfort of individuals with terminal illness, their families and other individuals who receive palliative care or supportive care from a hospice and the maintenance, general hygiene and operation of a hospice, which will permit the use of advancing knowledge to promote safe and adequate care and treatment for these individuals. These standards shall permit provision of services directly, as required under 42 CFR 418.56, or by contract under which overall coordination of hospice services is maintained by hospice staff members and the hospice retains the responsibility for planning and coordination of hospice services and care on behalf of a hospice client and his or her family, if any.
(2)
Provisional hospice licensure fees or the methods of computation of those fees.
(3)
Inspection or investigation procedures that the department or the department's designated representative may use to assure the provision of care and treatment that is commensurate with the standards established under sub. (1).
(4)
Criteria for determining financial hardship for the waiver of licensing fees.
(5)
Criteria for determining that the applicant for licensure is fit and qualified.
(6)
A procedure for waiver of and variance from standards under sub. (1) or criteria under sub. (5). The department may limit the duration of the waiver or variance.
History:  1989 a. 199; 1997 a. 27; 2009 a. 28.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.97 - Right of injunction.

50.97
Right of injunction.
The department may, upon the advice of the attorney general, who shall represent the department in all proceedings under this section, institute an action in the name of the state in the circuit court for Dane County for injunctive relief or other process against any licensee, owner, operator, administrator or representative of any owner of a hospice for the violation of any of the provisions of this subchapter or rules promulgated under this subchapter if the violation affects the health, safety or welfare of individuals with terminal illness.
History:  1989 a. 199.
2023 Wisconsin Statutes & Annotations › Chapter 50 - Uniform licensure. › 50.981 - Fees permitted for a workshop or seminar.

50.981
Fees permitted for a workshop or seminar.
If the department develops and provides a workshop or seminar relating to the provision of services by hospices under this subchapter, the department may establish a fee for each workshop or seminar and impose the fee on registrants for the workshop or seminar. A fee so established and imposed shall be in an amount sufficient to reimburse the department for the costs directly associated with developing and providing the workshop or seminar.
History:  1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.001 - Legislative policy.

51.001
Legislative policy.
(1)
It is the policy of the state to assure the provision of a full range of treatment and rehabilitation services in the state for all mental disorders and developmental disabilities and for mental illness, alcoholism and other drug abuse. There shall be a unified system of prevention of such conditions and provision of services which will assure all people in need of care access to the least restrictive treatment alternative appropriate to their needs, and movement through all treatment components to assure continuity of care, within the limits of available state and federal funds and of county funds required to be appropriated to match state funds.
(2)
To protect personal liberties, no person who can be treated adequately outside of a hospital, institution or other inpatient facility may be involuntarily treated in such a facility.
History:  1975 c. 430; 1995 a. 92.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.02 - Council on mental health.

51.02
Council on mental health.
(1)
The council on mental health shall have the following duties:
(a)
Advise the department, the legislature and the governor on the use of state and federal resources and on the provision and administration of programs for persons who are mentally ill or who have other mental health problems, for groups who are not adequately served by the mental health system, for the prevention of mental health problems and for other mental health related purposes.
(b)
Provide recommendations to the department on the expenditure of federal funds received under the community mental health block grant under 42 USC 300x to 300x-9 and participate in the development of and monitor and evaluate the implementation of, the community mental health block grant plan.
(c)
Review all departmental plans for services affecting persons with mental illness and monitor the implementation of the plans.
(d)
Serve as an advocate for persons with mental illness.
(f)
Consult with the department in the development of a model community mental health plan under s. 51.42 (7) (a) 9., and review and advise the department on community mental health plans submitted by counties under s. 51.42 (3) (ar) 5.
(g)
Promote the development and administration of a delivery system for community mental health services that is sensitive to the needs of consumers of the services.
(h)
Review and comment on the human services and community programs board member training curriculum developed by the department under s. 51.42 (7) (a) 3m.
(2)
The secretary shall submit all departmental plans affecting persons with mental illness to the council for its review. The council shall provide its recommendations to the secretary within such time as the secretary may require.
History:  1983 a. 439; 1987 a. 186; 1993 a. 445; 1995 a. 27; 2001 a. 16.
2023 Wisconsin Statutes & Annotations › Chapter 51 - State alcohol, drug abuse, developmental disabilities and mental health act. › 51.025 - Office of children's mental health.

51.025
Office of children's mental health.
(1)
The office of children's mental health shall study and recommend ways, and coordinate initiatives, to improve the integration across state agencies of mental health services provided to children and monitor the performance of programs that provide those services.
(2)
By January 1, 2015, and by January 1 of each year thereafter, the office of children's mental health shall submit a report to the joint committee on finance and to the appropriate standing committees of the legislature under s. 13.172 (3) that includes all of the following:
(a)
A summary of the activities of that office in the previous year, including actions the office has taken to improve the coordination of mental health services provided to children by state agencies.
(b)
A summary of data collected by that office that relate to the outcomes of children who receive mental health services provided by state agencies.
(c)
A discussion of areas in which the state's delivery of mental health services for children could be improved.
History:  2013 a. 20.