Chapter 150, REGULATION OF HEALTH SERVICES

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 th…

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 modif…

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 …

150.09 Staff. The department may employ staff as needed to administer this chapter. History: 1983 a. 27.

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…

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.…

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, oth…

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…

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…

150.31 Statewide bed limit. (1) In order to enable the state to budget accurately for medical assistance and to allocate fiscal resources most appropriately, the maximum number of licensed nursing home beds statewide is 51,795 and the maximum number of beds statewide in facilitie…

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 dev…

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. 15…

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…

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 determi…

150.35 Review procedures. (2) The department shall hold a public meeting upon the request of an affected party to review applications under s. 150.33 or 150.34, at which all affected parties may present testimony. The department shall keep minutes or other record of testimony pre…

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 crit…

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…

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 approve…

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 sectio…

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 …

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 who…

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; 1…

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…

150.85 Certificate of public advantage. (1) AUTHORITY. A health care provider may negotiate and voluntarily enter into a cooperative agreement with another health care provider in this state. The requirements of ch. 133 apply to the negotiations and cooperative agreement unless t…

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:…

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 c…

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.

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 est…

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 hospita…

150.96 Definitions. In this subchapter, unless the context requires otherwise: (1) “Community mental health center” means a facility providing services for the prevention or diagnosis of mental illness, or care and treatment of mentally ill patients, or rehabilitation of such per…

150.963 Construction of facilities for the intellectually disabled and community mental health centers. (2) The department shall be the sole agency of the state for all of the following purposes: (a) Making inventories of existing facilities, surveying the need for construction f…

150.965 Construction programs. The department is directed to develop construction programs for facilities for individuals with an intellectual disability and community mental health centers for the mentally ill, which shall be based respectively on statewide inventories of existi…

150.967 State plans. The department shall prepare and submit to the secretary, state plans which shall include the programs for construction of facilities developed under this subchapter and which shall provide for the establishment, administration and operation of the constructi…

150.97 Standards for maintenance and operation. The department shall by regulation prescribe, and shall be authorized to enforce, standards for the maintenance and operation of facilities for individuals with an intellectual disability, and community mental health centers which r…

150.973 Priority of projects. The state plans shall set forth the relative need and feasibility for the several projects included in the construction programs determined in accordance with the regulations prescribed pursuant to the federal act, and shall provide for the construct…

150.975 Applications. Applications for facility for individuals with an intellectual disability or community mental health center construction projects for which federal funds are requested shall be submitted to the department by the state, a political subdivision thereof or by a…

150.977 Hearing; forwarding of applications. The department shall afford to every applicant for a construction project an opportunity for a fair hearing. If the department, after affording reasonable opportunity for development and submission of applications, finds that a project…

150.98 Inspection of projects. From time to time the department or its duly authorized agents shall inspect each construction project approved by the secretary, and if the inspection so warrants, the department shall certify to the secretary that work has been performed upon the …

150.983 Facilities for individuals with an intellectual disability and community mental health centers construction funds. The department may receive federal funds in behalf of, and transmit them to, applicants. In the general fund there is hereby established, separate and apart …