DHS 122.05(1)(c)1.1. The department may distribute nursing home beds, exclusive of FDD beds, made available in the state as a result of facility closure or bed capacity reductions which were not closed under a medical assistance waiver, as specified in
42 CFR 1396n, and which were not replaced by CBRF beds converting to nursing home licensure. Except as provided in s.
150.40, Stats., applications to replace or redistribute closed beds may be submitted only from counties which are eligible to compete for new beds under par.
(b).
DHS 122.05(1)(c)2.
2. Except as provided in s.
150.40, Stats., the department shall redistribute beds under this paragraph to the planning area in which they were originally located.
DHS 122.05(1)(c)3.
3. The statewide average of nursing home beds for each 1,000 persons 65 years of age or over referred to in s.
150.40, Stats., is calculated by dividing the total current number of licensed nursing home beds, exclusive of FDD beds, in the state, as reported by the department's bureau of quality compliance, by the total current estimated population of persons 65 years of age and older, as determined by the Wisconsin department of administration, and multiplying that result by 1,000.
DHS 122.05(1)(c)4.
4. The department may not approve more beds for redistribution within a planning area, or within a county if s.
150.40, Stats., is applicable, than were made available as a result of facility closure or bed reduction in that planning area or county.
DHS 122.05(2)(a)
(a) The department shall not approve the addition of new beds to a state center for the developmentally disabled or other FDD licensed under subch.
I of ch. 50, Stats., unless the beds are needed to serve persons who cannot adequately be served in an existing FDD, another nursing home or in a less costly or less restrictive setting. Need for the beds shall be determined by the department through an objective analysis of the developmentally disabled population in the planning area.
DHS 122.05(2)(b)
(b) The number of new beds allocated to the centers and other FDDs in an FDD planning area shall not exceed the number of persons requiring FDD care as determined under par.
(a) for that planning area.
DHS 122.05 History
History: Cr.
Register, March, 1985, No. 351, eff. 4-1-85; emerg. cr. (2) (c), eff. 1-1-87; r. and recr. (1) (b) and (c),
Register, January, 1987, No. 373, eff. 2-1-87; emerg. cr. (2) (c), eff. 5-31-87; cr. (2) (c),
Register, October, 1987, No. 382, eff. 11-1-87; am. (1) (a) (intro.), 3. and 7., (b) 2. intro. and (2) (a), r. (1) (b) 3., renum. (1) (b) 4. to be 3. and am.,
Register, January, 1991, No. 421, eff. 2-1-91.
DHS 122.06(1)(a)1.1. After amendment of the statewide bed limit by the legislature, the department shall accept applications to fill the allotments for new beds, if any, for each planning area. Allotments shall be determined in the manner described in s.
DHS 122.05. Application shall be made according to the following schedule:
DHS 122.06(1)(a)2.
2. The department shall request applications for new beds once from each planning area during the first half of each biennium. If the number of new beds approved for an area is less than the planning area's adjusted allotment, a second request for applications may be made during the second half of the biennium according to the schedule in par.
(a).
DHS 122.06(1)(b)
(b) Replacement beds. The department shall annually accept applications to replace beds in a planning area which have been de-licensed but which were not closed under a medical assistance waiver or which were not replaced by CBRF beds which converted to nursing home licensure in order to retain medical assistance certification. Application shall be made according to the schedule in par.
(a).
DHS 122.06(1)(c)1.
1. Applications that meet all applicable review criteria but do not receive approval due to bed limits imposed under s.
DHS 122.04 (1) (b) 2. a. shall be automatically accepted for review under any subsequent request for applications without additional application fee unless the application has been substantially modified.
DHS 122.06(1)(c)2.
2. The department shall request applications at least once between January 1, 1988 and December 31, 1989.
DHS 122.06(1)(c)3.
3. Upon application to the department, the department may approve the operation of a distinct part of a nursing home as an FDD for a period of time not to exceed 4 years. Renewal of an approval initially granted under this subsection may be granted for a period of time not to exceed 4 years and only if all of the following conditions are met by the applicant:
DHS 122.06(1)(c)3.b.
b. There is continued need, as determined by the department, for the FDD in the health planning area in which the facility is located; and
DHS 122.06(1)(c)3.c.
c. Community-based services, including services developed under s.
46.278, Stats., are inappropriate for the individuals served in the FDD.
DHS 122.06(1)(c)4.
4. The department may require that a nursing home seeking approval or an FDD seeking renewal under subd.
3. agree to reduce the size of the FDD 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 long-term care services.
DHS 122.06(1)(c)6.
6. Notwithstanding s.
150.29, Stats., if initial approval of an FDD is not renewed under subd.
3. or if approval or renewal is conditioned upon the requirement of subd.
4., reconversion of these beds to nursing home beds does not require approval under s.
DHS 122.04.
DHS 122.06(1)(d)1.
1. An application may be submitted only in response to a request by the department for applications.
DHS 122.06(1)(d)2.
2. The department may accept an application only if the proposed converted facility is presently located or will be located in a county designated in accordance with s.
DHS 122.05 (1) (b) 2. or s.
150.40, Stats., and that county is located within the same health planning area in which the facility is presently located.
DHS 122.06(2)
(2) Other applications. Any person intending to engage in activities subject to this subchapter that are not specified under sub.
(1),
(3) or
(3m) 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 within 365 days after the date the department receives notice of the applicant's intent to engage in the activity.
DHS 122.06(3)
(3) Centers. After a change in the statewide bed limit, the department shall solicit applications from the state centers for the developmentally disabled to increase bed capacity. The schedule for submitting applications shall be determined by the department.
DHS 122.06(3m)
(3m) Pilot projects. The department may at any time solicit applications from nursing homes which seek to demonstrate new nursing home designs. The schedule for submitting applications shall be determined by the department.
DHS 122.06(4)
(4) Process for applications for beds, applications from centers and applications for pilot projects. DHS 122.06(4)(a)
(a) Notice requesting applications. A notice requesting applications for beds under sub.
(1), applications from centers under sub.
(3) and applications for pilot projects under sub.
(3m) shall be published in a major daily newspaper in each affected planning area on the first and second working days of the month during which requests are to be made. The notice shall state the deadline by which all applications are to be received.
DHS 122.06(4)(b)
(b) Application forms. All applications shall be submitted on forms prescribed by the department. A prospective applicant may obtain the forms from the department.
DHS 122.06 Note
Note: For copies of application forms, contact: Resource Allocation Program, Division of Health Care Access and Accountability, P.O. Box 309, Madison, Wisconsin 53701.
DHS 122.06(4)(c)
(c) Period for accepting applications. The department shall accept applications submitted within 60 days following publication of the request for applications. The department shall return any application which:
DHS 122.06(4)(c)1.
1. Proposes to add new beds in a planning area, county or service area for which a request for applications was not made;
DHS 122.06(4)(c)3.
3. Was submitted more than 60 days after the request for applications was published; or
DHS 122.06(4)(d)1.1. Each application submitted under sub.
(1),
(3) or
(3m) shall be reviewed by the department for completeness. An application shall be deemed incomplete if the applicant:
DHS 122.06(4)(d)1.b.
b. Provides the information in a manner which is illegible or otherwise unusable by the department; or
DHS 122.06(4)(d)1.c.
c. Provides information which contradicts or is not justified by other materials in the application.
DHS 122.06(4)(d)2.
2. The department may request additional information from the applicant within 10 working days following receipt of the application by the department.
DHS 122.06(4)(d)3.
3. The applicant shall provide the required additional information within 30 days following the closing date for accepting applications.
DHS 122.06(4)(d)4.
4. The department shall return all applications for which additional information has not been received by the deadline established in subd.
3. DHS 122.06(4)(d)5.
5. Except as provided in subd.
4., the department shall declare all applications under subs.
(1),
(3) and
(3m) complete 60 days after the date of publication of the request for applications, or 90 days from that date if an application under sub.
(1),
(3) or
(3m), including any application under sub.
(1) or
(3m) undergoing concurrent review, was originally declared incomplete and the additional information requested by the department was received within 30 days following the closing date for accepting applications.
DHS 122.06 Note
Note: Upon written request, the department will provide technical assistance to any small business, as defined in s.
227.114 (1), Stats., or other small organization with fewer than 25 full-time employees or annual revenues of less than $2,500,000 regarding application materials and procedures. Requests should be sent to the Resource Allocation Program, Division of Health Care Access and Accountability, P.O. Box 309, Madison, Wisconsin 53701.
DHS 122.06(4m)(a)(a) Application forms. All applications under sub.
(2) shall be submitted on forms prescribed by the department. A prospective applicant may obtain the forms from the department.
DHS 122.06 Note
Note: For copies of the application forms, contact the Resource Allocation Program, Division of Health Care Access and Accountability, P.O. Box 309, Madison, Wisconsin 53701.
DHS 122.06(4m)(b)1.1. Each application submitted under sub.
(2) shall be reviewed by the department for completeness. An application shall be deemed incomplete if the applicant:
DHS 122.06(4m)(b)1.b.
b. Provides the information in a manner which is illegible or otherwise unusable by the department; or
DHS 122.06(4m)(b)1.c.
c. Provides information which contradicts or is not justified by other materials in the application.
DHS 122.06(4m)(b)2.
2. The department may request additional information from the applicant within 10 days following receipt of the application by the department.
DHS 122.06(4m)(b)3.
3. The department shall declare the application complete on the date which the department receives all the required information.
DHS 122.06 Note
Note: Upon written request, the department will provide technical assistance to any small business, as defined in s.
227.114 (1), Stats., or other small organization with fewer than 25 full-time employees or annual revenues of less than $2,500,000 regarding application materials and procedures. Requests should be sent to the Resource Allocation Program, Division of Health Care Access and Accountability, P.O. Box 309, Madison, Wisconsin 53701.
DHS 122.06(5)(a)
(a) Beds, centers and pilot projects. The department shall publish in the ch.
150 newsletter of the office of management and policy and in a major daily newspaper in each affected planning area a list of all complete applications received under sub.
(1),
(3) or
(3m), listing all applicants and describing their applications, within 20 days after the applications are declared complete. No person submitting an application may revise the cost or scope of the proposal after a notification of completeness has been made without the written consent of the department.
DHS 122.06(5)(b)
(b) Other applications. The department shall publish in the ch.
150 newsletter of the office of management and policy and in a major daily newspaper in each affected planning area a list of all complete applications received under sub.
(2) on or before the 20th day of the month following the month in which it declares the applications complete.
DHS 122.06(5)(c)
(c) Beginning of review period. The review period for applications shall begin on the publication date of the list under either par.
(a) or
(b).
DHS 122.06(6)
(6) Public meeting. Upon the request of any affected party, the department shall hold a public meeting within 60 days following publication of the list of complete applications submitted under sub.
(1),
(2),
(3) or
(3m). This meeting shall be used to elicit testimony from affected parties about applications under review. The department shall maintain minutes or another record of the testimony. All requests for a public meeting shall be received by the department within 10 days after publication of the list of complete applications. The public meeting shall be held prior to the initial finding by the department.
DHS 122.06(7)(a)(a) Review. The department shall review applications for their consistency with the criteria in s.
DHS 122.07 and shall issue an initial finding to approve or reject an application within 75 days following publication of the complete applications list, unless an applicant asks for an extension or, in the case of competing applications, all applicants undergoing concurrent review agree to an extension or the review cycle is extended under sub.
(8).
DHS 122.06(7)(b)
(b) Initial finding. The department's initial finding shall be based upon a comparative analysis of all applications undergoing concurrent review using the criteria specified in s.
DHS 122.07.
DHS 122.06(7)(c)1.
1. The department may issue approvals during 1987 only to applicants who file applications by June 2, 1987.
DHS 122.06(7)(c)2.
2. The department may delay the effective dates of approval to permit a gradual phase-in of conversions.
DHS 122.06(7)(c)3.
3. The department may issue an approval authorizing the applicant to reconvert all or some of the FDD beds to non-FDD nursing home beds without subsequent review and approval under this chapter if the reconversion meets both of the following requirements:
DHS 122.06(7)(c)3.a.
a. The department receives at least 30 days notice of reconversion, if all beds to be reconverted are unoccupied, or a notice that the facility has complied with the requirements of s.
50.03 (14) (c) to
(e), Stats., if any bed to be reconverted is occupied; and
DHS 122.06(8)
(8) Extension. The department may extend by 60 days the review cycle of all applications undergoing concurrent review under sub.
(1), if it finds that completing reviews within the cycle specified in sub.
(7) is not feasible due to the volume of applications received from any planning area.
DHS 122.06(9)(a)
(a) An adversely affected applicant or HSA may file a written request for a public hearing under s.
DHS 122.08 within 10 days after the date of the department's initial finding under sub.
(7). A hearing request is filed when it is received by the department. If no request for a hearing is made, or if a request is received after the 10-day limit, the department's initial finding shall be the department's final decision. Except as provided in par.
(b), a timely request for hearing from an applicant undergoing concurrent review shall preclude issuance of an approval for a competing concurrent application until a final decision is issued by the secretary or a designee. Hearings shall be held in the manner prescribed in s.
DHS 122.08.
DHS 122.06(9)(b)
(b) When an applicant for conversion to an FDD under s.
DHS 122.02 (2) (a) or
(c) who has undergone concurrent review files a timely request for a hearing under s.
DHS 122.08 on the initial finding, the department shall issue approvals for the competing concurrent applications that were initially approved but only for the number of beds that exceeds the number proposed by the applicant or applicants requesting a hearing. Approvals shall be issued in order beginning with the application which received the lowest score under s.
DHS 122.07 (2) (am).
DHS 122.06(10)(a)1.
1. The project does not increase the bed capacity of or totally replace an existing nursing home and the project was developed pursuant to a department-approved plan of correction to remedy code-related physical plant deficiencies. Applications submitted to correct code violations shall provide evidence of the violations and approved plan of correction and shall not go beyond what is necessary to correct those deficiencies; or
DHS 122.06(10)(a)2.
2. The application concerns a cost overrun on a previously approved project.
DHS 122.06(10)(b)
(b) Timing of application. An application under par.
(a) may be submitted at any time on forms prescribed by the department provided that at least 30 days notice has been given to the department of a person's intent to submit the application and the applicant has received written authorization from the department to submit the application.
