2015 - 2016 LEGISLATURE
February 16, 2016 - Introduced by Representatives Kleefisch, Berceau,
Brandtjen, Murphy, Schraa, Skowronski, Subeck, Barnes, Sinicki, Johnson
and Goyke, cosponsored by Senators Darling,
Carpenter and Harris Dodd.
Referred to Committee on Health.
1An Act to create
46.051 and 49.45 (2) (a) 11. bm. of the statutes; relating to:
2facilities serving persons with traumatic brain injuries.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Health Services to establish a licensure
program for facilities for persons with traumatic brain injuries and to certify as a
provider for the Medical Assistance program any facility that it licenses under that
program. The bill requires DHS to license facilities that meet its criteria including
certain criteria specified in the bill. The bill also sets certain resident care, plan
review, and reporting requirements on the facilities. DHS is required to certify as
a provider for the Medical Assistance program any facility that it licenses.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
46.051 of the statutes is created to read:
446.051 Facilities for persons with traumatic brain injuries. (1) 5Definitions.
In this section:
(a) "Facility for persons with traumatic brain injuries" means a facility or 2
portion of a facility in which all of the facility's residents have a traumatic brain 3
(b) "Traumatic brain injury" means a severe brain injury with coma, external 5
trauma to the head, encephalitis, encephalopathy, meningitis, anoxia, severe 6
hypoxia, stroke occurring before an individual has attained the age of 22, or brain 7
8(2) Licensure program; application.
The department shall establish a 9
licensure program for facilities for persons with traumatic brain injuries within 30 10
days after the effective date of this subsection .... [LRB inserts date]. The department 11
shall create an application process for facilities for persons with traumatic brain 12
injuries to be licensed under this section. The department may require an applicant 13
to submit an application fee. The department shall determine whether an applicant 14
is eligible for licensure under sub. (3) within 30 days of the date the department 15
receives the application.
16(3) License eligibility.
The department shall license facilities for persons with 17
traumatic brain injuries that meet its criteria, including all of the following:
(a) The facility has a capacity of 4 to 16 individuals who need and receive active 19
treatment and health services.
(b) The facility meets administrative and billing requirements to be certified 21
as a provider for Medical Assistance under s. 49.45 (2) (a) 11. a.
(c) The facility serves individuals who are require rehabilitation services to be 23
able to return safely to the community.
(d) The facility provides nursing and medication administration at all hours of 25
(e) Programming for residents of the facility includes activities to promote 2
community reintegration and training on daily living skills.
(f) Services are available at the facility to provide at least 2 hours of therapy 4
to each resident on 5 days of a week.
(g) Behavioral health services are available at the facility.
6(4) Resident care.
Within 14 days of the date of admission of a resident to a 7
facility for persons with traumatic brain injuries, an interdisciplinary team 8
developed by the facility with the participation of the staff of the facility who are 9
providing resident care and therapy shall develop a plan of care and an individual 10
program plan based on the resident and an assessment of the resident's 11
rehabilitational needs, including any physician's evaluations or orders.
12(5) Plan reviews.
Before the start of any construction or remodeling project 13
for a facility for persons with traumatic brain injuries, the owners or operators of the 14
facility or proposed facility shall submit the plans for construction or remodeling to 15
the department. The department may charge a fee to the owner or operator for plan 16
Annually, on a schedule determined by the department, a facility 18
for persons with traumatic brain injuries with a license under this section shall 19
submit a report to the department containing the information required by the 20
The department may not consider a facility for persons with 22
traumatic brain injuries a facility that primarily serves people with developmental 23
49.45 (2) (a) 11. bm. of the statutes is created to read:
(a) 11. bm. Certify as a provider of Medical Assistance any facility for 2
persons with traumatic brain injuries that has a license under s. 46.051.