Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1007 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1007
5	5	January 25, 2024 - Introduced by Representatives RODRIGUEZ, DITTRICH, MURSAU,
6	6	MAGNAFICI and SAPIK, cosponsored by Senators COWLES and TAYLOR. Referred
7	7	to Committee on Health, Aging and Long-Term Care.
8	8	*AUTHORS SUBJECT TO CHANGE*
9	9	AN ACT to create 50.032 (5m) and 50.033 (5m) of the statutes; relating to:
10	10	closure or change of services and relocation of residents in adult family homes.
11	11	Analysis by the Legislative Reference Bureau
12	12	This bill establishes specific procedures and requirements for the Department
13	13	of Health Services and adult family homes to follow when a licensed or certified adult
14	14	family home is closing, intends to close, or is changing its type or level of services or
15	15	the means of reimbursement the adult family home will accept. An “adult family
16	16	home” is a residential care facility, generally housing three or four residents.
17	17	Current law provides that a licensed adult family home is one in which three or four
18	18	adults who are not related to the operator reside and receive care, treatment, or
19	19	services that are above the level of room and board, including up to seven hours per
20	20	week of nursing care per resident. Under current law, a certified adult family home,
21	21	in general, provides care and maintenance for three or four adults, each with a
22	22	developmental disability, above the level of room and board but not including nursing
23	23	care.
24	24	Current DHS administrative rules require 30 days' written notification of the
25	25	closure of an adult family home. The bill provides that an adult family home must
26	26	provide to each resident, to the resident's guardian, if any, and to a member of the
27	27	resident's family who is not the resident's guardian, if any, unless the resident
28	28	requests that notice to a family other than a guardian be withheld, written
29	29	notification of closure or a change in the type or level of service or means of
30	30	reimbursement accepted at least 30 days prior to the closure or change. The bill
31	31	establishes specific requirements for the notification to be provided by an adult
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35	35	ASSEMBLY BILL 1007
36	36	family home, as well as other requirements and procedures for the adult family
37	37	home, including specific requirements relating to planning for the relocation of
38	38	residents. The bill requires the adult family home to notify DHS of its intention to
39	39	close or to change the type or level of services or means of reimbursement accepted
40	40	and to provide DHS with a preliminary plan that DHS must approve. The bill
41	41	provides that, within 30 days following notice under the provisions of the bill, a
42	42	resident may request a hearing regarding the adult family home's compliance with
43	43	the procedures and requirements required under the bill.
44	44	The bill also requires that, in the circumstance of an adult family home closing,
45	45	intending to close, or changing its type or level of service or means of reimbursement
46	46	accepted, DHS must provide, direct, or arrange for relocation planning, placement,
47	47	and implementation assistance.
48	48	For further information see the state fiscal estimate, which will be printed as
49	49	an appendix to this bill.
50	50	The people of the state of Wisconsin, represented in senate and assembly, do
51	51	enact as follows:
52	52	SECTION 1. 50.032 (5m) of the statutes is created to read:
53	53	50.032 (5m) CLOSURE OR SERVICE CHANGES AND RELOCATION OF RESIDENTS. (a) If
54	54	an adult family home is closing, intends to close, or is changing its type or level of
55	55	services or means of reimbursement accepted, the department shall provide, direct,
56	56	or arrange for relocation planning, placement, and implementation assistance in
57	57	accordance with this subsection in order to minimize the trauma associated with the
58	58	relocation of residents and to ensure the orderly relocation of residents.
59	59	(b) The department and the relevant care management organization, if any,
60	60	shall participate in the development and implementation of individual relocation
61	61	plans under this subsection.
62	62	(c) In any of the circumstances described under par. (a) that may result in the
63	63	relocation of one or more residents, the adult family home shall do all of the following:
64	64	1. Provide, at least 30 days prior to closure or a change in type or level of service
65	65	or means of reimbursement accepted, written notice to each resident, to the
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82	82	SECTION 1
83	83	ASSEMBLY BILL 1007
84	84	resident's guardian, if any, and to a member of the resident's family who is not the
85	85	resident's guardian, if any, unless the resident requests that notice to a family
86	86	member other than a guardian be withheld. Notice shall include all of the following:
87	87	a. A statement setting forth the reason and justification for the closure or
88	88	change in type or level of service or means of reimbursement accepted.
89	89	b. A statement that the resident or the resident's legal representative may
90	90	participate in the planning conference under subd. 5.
91	91	c. A statement that the resident or the resident's legal representative may
92	92	request relocation assistance pursuant to par. (g), including the name and address
93	93	of the department's regional office director.
94	94	d. The name, address, and telephone number of the regional office of the board
95	95	on aging and long-term care's ombudsman program. For residents with a
96	96	developmental disability or mental illness, the notice shall include the name,
97	97	address, and telephone number of the protection and advocacy agency designated
98	98	under s. 51.62 (2) (a).
99	99	2. Attempt to resolve complaints from residents under this subsection.
100	100	3. In the circumstance of closure, prior to the closure, identify and, to the
101	101	greatest extent practicable, work with a care management organization to attempt
102	102	to secure an appropriate alternative placement for each resident. In the
103	103	circumstance of a change in type or level of service or means of reimbursement
104	104	accepted, upon request of a resident or the resident's guardian, if any, identify and,
105	105	to the greatest extent practicable, attempt to secure an appropriate alternative
106	106	placement for that resident.
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131	131	SECTION 1 ASSEMBLY BILL 1007
132	132	4. Notify the resident's physician on the closure or change in type or level of
133	133	services or means of reimbursement accepted and any proposed relocation's effect on
134	134	the resident's health.
135	135	5. For any resident that requires relocation, hold a planning conference at
136	136	which an individual relocation plan will be developed with the resident, with the
137	137	resident's guardian, if any, and, if practicable, with a member of the resident's family
138	138	who is not the resident's guardian, unless the resident requests that a family member
139	139	other than a guardian not be present. A copy of the plan shall immediately be
140	140	submitted to the department.
141	141	6. Implement the individual relocation plan developed under subd. 5.
142	142	7. Provide at least 30 days' written notice to the department of its intention to
143	143	close or change the type or level of services or means of reimbursement accepted. The
144	144	notice shall state the facts requiring the closure or change and the proposed date of
145	145	closing or changing of the type or level of services or means of reimbursement
146	146	accepted.
147	147	8. At the time the adult family home notifies the department under subd. 7.,
148	148	submit to the department a preliminary plan that includes all of the following:
149	149	a. The proposed timetable for planning and implementation of relocations and
150	150	the resources, policies, and procedures that the adult family home will provide or
151	151	arrange in order to plan and implement the relocations.
152	152	b. A list of the residents to be relocated and their current levels of care and a
153	153	brief description of any special needs or conditions.
154	154	c. An indication of which residents have guardians and the names and
155	155	addresses of the guardians.
156	156	d. A list of which residents have been protectively placed under ch. 55.
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184	184	SECTION 1
185	185	ASSEMBLY BILL 1007
186	186	e. A list of residents who the adult family home believes meet the requirements
187	187	of s. 54.10 (3).
188	188	(d) The department shall notify the adult family home within 10 days after
189	189	receiving the preliminary plan under par. (c) 8. if it disapproves the plan. If the
190	190	department disapproves the preliminary plan, it shall, within 10 days of notifying
191	191	the adult family home, begin working with the adult family home to modify the
192	192	disapproved plan. No resident may be relocated until the department approves the
193	193	preliminary plan or until a modified plan is agreed upon. If a plan is not approved
194	194	or agreed upon within 30 days of receipt of the notice of relocation, the department
195	195	may impose a plan that the adult family home shall carry out.
196	196	(e) Upon approval of, agreement to, or imposition of a plan for relocation, the
197	197	adult family home shall establish a date of closing or changing of the type or level of
198	198	services or means of reimbursement accepted and shall notify the department of the
199	199	date. The date may not be earlier than 30 days from the date of approval, agreement,
200	200	or imposition.
201	201	(f) Within 30 days following notice to a resident under par. (c), the resident may
202	202	send a written request for a hearing to the department to protest the adult family
203	203	home's compliance with this subsection. The department shall hold the hearing
204	204	within 10 days of receipt of this request. At the hearing, the burden of proving
205	205	compliance under this subsection shall rest on the adult family home. If a resident
206	206	prevails after hearing and requests assistance, the department shall assist the
207	207	resident in securing an alternative placement.
208	208	(g) The department shall offer relocation assistance to residents impacted by
209	209	a closure or change in type or level of service or means of reimbursement accepted
210	210	under this subsection, including information on available alternative placements.
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237	237	SECTION 1 ASSEMBLY BILL 1007
238	238	Residents, and the resident's guardian, if any, shall be involved in planning the
239	239	relocation and shall choose among the available alternative placements, except that
240	240	if an emergency situation makes prior resident involvement impossible, the
241	241	department may make a temporary placement until a final relocation can be
242	242	arranged. Residents, and the resident's guardian, if any, may choose their final
243	243	alternative placement and shall be given assistance in transferring to such place.
244	244	If the department makes or participates in making the relocation decision,
245	245	consideration shall be given to proximity to residents' relatives and friends.
246	246	SECTION 2. 50.033 (5m) of the statutes is created to read:
247	247	50.033 (5m) CLOSURE OR SERVICE CHANGES AND RELOCATION OF RESIDENTS. (a) If
248	248	an adult family home is closing, intends to close, or is changing its type or level of
249	249	services or means of reimbursement accepted, the department shall provide, direct,
250	250	or arrange for relocation planning, placement, and implementation assistance in
251	251	accordance with this subsection in order to minimize the trauma associated with the
252	252	relocation of residents and to ensure the orderly relocation of residents.
253	253	(b) The department and the relevant care management organization, if any,
254	254	shall participate in the development and implementation of individual relocation
255	255	plans under this subsection.
256	256	(c) In any of the circumstances described under par. (a) that may result in the
257	257	relocation of one or more residents, the adult family home shall do all of the following:
258	258	1. Provide, at least 30 days prior to closure or a change in type or level of service
259	259	or means of reimbursement accepted, written notice to each resident, to the
260	260	resident's guardian, if any, and to a member of the resident's family who is not the
261	261	resident's guardian, if any, unless the resident requests that notice to a family
262	262	member other than a guardian be withheld. Notice shall include all of the following:
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290	290	SECTION 2
291	291	ASSEMBLY BILL 1007
292	292	a. A statement setting forth the reason and justification for the closure or
293	293	change in type or level of service or means of reimbursement accepted.
294	294	b. A statement that the resident or the resident's legal representative may
295	295	participate in the planning conference under subd. 5.
296	296	c. A statement that the resident or the resident's legal representative may
297	297	request relocation assistance pursuant to par. (g), including the name and address
298	298	of the department's regional office director.
299	299	d. The name, address, and telephone number of the regional office of the board
300	300	on aging and long-term care's ombudsman program. For residents with a
301	301	developmental disability or mental illness, the notice shall include the name,
302	302	address, and telephone number of the protection and advocacy agency designated
303	303	under s. 51.62 (2) (a).
304	304	2. Attempt to resolve complaints from residents under this subsection.
305	305	3. In the circumstance of closure, prior to the closure, identify and, to the
306	306	greatest extent practicable, work with a care management organization to attempt
307	307	to secure an appropriate alternative placement for each resident. In the
308	308	circumstance of a change in type or level of service or means of reimbursement
309	309	accepted, upon request of a resident or the resident's guardian, if any, identify and,
310	310	to the greatest extent practicable, attempt to secure an appropriate alternative
311	311	placement for that resident.
312	312	4. Notify the resident's physician on the closure or change in type or level of
313	313	services or means of reimbursement accepted and any proposed relocation's effect on
314	314	the resident's health.
315	315	5. For any resident that requires relocation, hold a planning conference at
316	316	which an individual relocation plan will be developed with the resident, with the
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343	343	SECTION 2 ASSEMBLY BILL 1007
344	344	resident's guardian, if any, and, if practicable, with a member of the resident's family
345	345	who is not the resident's guardian, unless the resident requests that a family member
346	346	other than a guardian not be present. A copy of the plan shall immediately be
347	347	submitted to the department.
348	348	6. Implement the individual relocation plan developed under subd. 5.
349	349	7. Provide at least 30 days' written notice to the department of its intention to
350	350	close or change the type or level of services or means of reimbursement accepted. The
351	351	notice shall state the facts requiring the closure or change and the proposed date of
352	352	closing or changing of the type or level of services or means of reimbursement
353	353	accepted.
354	354	8. At the time the adult family home notifies the department under subd. 7.,
355	355	submit to the department a preliminary plan that includes all of the following:
356	356	a. The proposed timetable for planning and implementation of relocations and
357	357	the resources, policies, and procedures that the adult family home will provide or
358	358	arrange in order to plan and implement the relocations.
359	359	b. A list of the residents to be relocated and their current levels of care and a
360	360	brief description of any special needs or conditions.
361	361	c. An indication of which residents have guardians and the names and
362	362	addresses of the guardians.
363	363	d. A list of which residents have been protectively placed under ch. 55.
364	364	e. A list of residents who the adult family home believes meet the requirements
365	365	of s. 54.10 (3).
366	366	(d) The department shall notify the adult family home within 10 days after
367	367	receiving the preliminary plan under par. (c) 8. if it disapproves the plan. If the
368	368	department disapproves the preliminary plan, it shall, within 10 days of notifying
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396	396	SECTION 2
397	397	ASSEMBLY BILL 1007
398	398	the adult family home, begin working with the adult family home to modify the
399	399	disapproved plan. No resident may be relocated until the department approves the
400	400	preliminary plan or until a modified plan is agreed upon. If a plan is not approved
401	401	or agreed upon within 30 days of receipt of the notice of relocation, the department
402	402	may impose a plan that the adult family home shall carry out.
403	403	(e) Upon approval of, agreement to, or imposition of a plan for relocation, the
404	404	adult family home shall establish a date of closing or changing of the type or level of
405	405	services or means of reimbursement accepted and shall notify the department of the
406	406	date. The date may not be earlier than 30 days from the date of approval, agreement,
407	407	or imposition.
408	408	(f) Within 30 days following notice to a resident under par. (c), the resident may
409	409	send a written request for a hearing to the department to protest the adult family
410	410	home's compliance with this subsection. The department shall hold the hearing
411	411	within 10 days of receipt of this request. At the hearing, the burden of proving
412	412	compliance under this subsection shall rest on the adult family home. If a resident
413	413	prevails after hearing and requests assistance, the department shall assist the
414	414	resident in securing an alternative placement.
415	415	(g) The department shall offer relocation assistance to residents impacted by
416	416	a closure or change in type or level of service or means of reimbursement accepted
417	417	under this subsection, including information on available alternative placements.
418	418	Residents, and the resident's guardian, if any, shall be involved in planning the
419	419	relocation and shall choose among the available alternative placements, except that
420	420	if an emergency situation makes prior resident involvement impossible, the
421	421	department may make a temporary placement until a final relocation can be
422	422	arranged. Residents, and the resident's guardian, if any, may choose their final
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449	449	SECTION 2 ASSEMBLY BILL 1007
450	450	alternative placement and shall be given assistance in transferring to such place.
451	451	If the department makes or participates in making the relocation decision,
452	452	consideration shall be given to proximity to residents' relatives and friends.
453	453	(END)
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