AB338: Bill Text

AB338,10,12 (6) Monitoring and enforcement. (a) The department shall monitor each hospital's compliance with the requirements of this section using any of the following methods:

AB338,10,14 1. Evaluating complaints made by persons to the department regarding noncompliance with this section.

AB338,10,16 2. Reviewing any analysis prepared regarding noncompliance with this section.

AB338,10,17 3. Auditing the websites of hospitals for noncompliance with this section.

AB338,10,18 4. Confirming that each hospital submitted the lists required under sub. (5).

AB338,10,20 (b) If the department determines that a hospital is not in compliance with any provisions of this section, the department shall take the following actions:

AB338,10,22 1. Provide a written notice to the hospital that clearly explains the manner in which the hospital is not in compliance with this section.

AB338,10,24 2. Request a corrective action plan from the hospital if the hospital has materially violated a provision of this section, as determined under sub. (7).

AB338,11,3 3. Impose a penalty determined under sub. (8) and publicize the penalty on the department's website. The department shall impose a penalty only if the hospital does any of the following:

AB338,11,5 a. Fails to respond to the department's request to submit a corrective action plan.

AB338,11,7 b. Fails to comply with the requirements of a corrective action plan submitted to the department.

AB338,11,12 (c) The department shall create and maintain a publicly available list on its website of hospitals that have been found to have violated any provision of this section, that have been issued a penalty, or that have been sent a warning notice, request for a corrective action plan, or any other written communication from the department.

AB338,11,15 (d) In considering an application for renewal of a hospital's license, the department shall consider whether the hospital is or has been in compliance with this section.

AB338,11,17 (7) Material violation; corrective action plan. (a) A hospital materially violates this section if the hospital does any of the following:

AB338,11,18 1. Fails to comply with the requirements of sub. (2).

AB338,11,20 2. Fails to publicize the hospital's standard charges in the form and manner required by subs. (3) and (4).

AB338,12,2 (b) If the department determines that a hospital has materially violated this section, the department shall issue a notice of material violation to the hospital and request that the hospital submit a corrective plan of action. The notice shall indicate the form and manner in which the corrective action plan shall be submitted to the department, and clearly state the date by which the hospital is required to submit the plan.

AB338,12,3 (c) A hospital that receives a notice under par. (b) shall do all of the following:

AB338,12,5 1. Submit a corrective action plan in the form and manner, and by the specified date, prescribed by the notice of violation.

AB338,12,7 2. As soon as practicable after submission of a corrective action plan to the department, act to comply with the corrective action plan.

AB338,12,9 (d) A corrective action plan submitted to the department shall satisfy all of the following criteria:

AB338,12,11 1. Describe in detail the corrective actions the hospital will take to address any violation identified by the department in the notice provided under par. (b).

AB338,12,13 2. Provide a date by which the hospital will complete the corrective actions described in subd. 1.

AB338,12,17 (e) A corrective action plan is subject to review and approval by the department. After the department reviews and approves a hospital's corrective action plan, the department shall monitor and evaluate the hospital's compliance with the corrective action plan.

AB338,12,19 (f) A hospital is considered to have failed to respond to the department's request to submit a corrective action plan if the hospital does any of the following:

AB338,12,21 1. Fails to submit a corrective action plan in the form and manner specified in the notice provided under par. (b).

AB338,12,23 2. Fails to submit a corrective action plan by the date specified in the notice provided under par. (b).

AB338,13,3 (g) A hospital is considered to have failed to comply with a corrective action plan if the hospital fails to address a violation within the specified period of time contained in the corrective action plan.

AB338,13,5 (8) Forfeiture. (a) The department shall impose a forfeiture on a hospital in if the hospital does any of the following:

AB338,13,7 1. Fails to respond to the department's request to submit a corrective action plan.

AB338,13,9 2. Fails to comply with the requirements of a corrective action plan submitted to the department.

AB338,13,13 (b) The department shall impose a forfeiture on a hospital for a violation of each requirement of this section. The department shall set the forfeiture in an amount sufficient to ensure compliance by hospitals with the provisions of this section subject to the limitations under par. (c).

AB338,13,15 (c) The forfeiture imposed under this subsection shall comply with all of the following:

AB338,13,17 1. In the case of a hospital with 30 beds or fewer, the forfeiture may not be lower than $600 for each day in which the hospital violates this section.

AB338,13,20 2. In the case of a hospital with a bed count that is greater than 30 but less than 101, the forfeiture may not be lower than $1,200 for each day in which the hospital violates this section.

AB338,13,23 3. In the case of a hospital with a bed count that is greater than 100 but less than 551, the forfeiture may not be lower than $2,500 for each day in which the hospital violates this section.

AB338,14,3 4. In the case of a hospital with a bed count that is greater than 550, the forfeiture may not be less than $10,000 for each day in which the hospital violates this section.

AB338,14,5 (d) Each day a violation continues is considered a separate violation for purposes of this subsection.

AB338,14,7 (e) In determining the amount of the forfeiture under this subsection, the department shall consider all of the following factors:

AB338,14,8 1. Previous violations by the hospital's operator.

AB338,14,9 2. The seriousness of the violation.

AB338,14,10 3. Any demonstrated good faith by the hospital's operator.

AB338,14,11 4. Any other matters that the department determines is relevant.

AB338,14,16 (f) If a hospital desires to contest the imposing of a forfeiture under this subsection, the hospital shall, within 10 days after receipt of notice, notify the department in writing of its request for a hearing under s. 227.44. The department shall hold the hearing within 30 days after receipt of such notice and shall send notice to the hospital of the hearing as provided under s. 227.44 (2).

AB338,14,20 (g) All forfeitures shall be paid to the department within 10 days after receipt of notice of forfeiture or, if the forfeiture is contested under par. (f), 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.

AB338,15,2 (h) 1. All administrative remedies shall be exhausted before an agency determination under this subsection shall be subject to judicial review. Final decisions after hearing shall be subject to judicial review exclusively as provided in s. 227.52, except that any petition for review of department action under this subsection shall be filed within 15 days after receipt of notice of the final agency determination.

AB338,15,9 2. The court may stay enforcement under s. 227.54 of the department's final decision if a showing is made that there is a substantial probability that the party seeking review will prevail on the merits and will suffer irreparable harm if a stay is not granted, and that the hospital will meet the requirements of this section during such stay. When a stay is granted, the court may impose such conditions on the granting of the stay as may be necessary to safeguard the public and to assure compliance by the hospital with the requirements of this section.

AB338,15,12 3. The attorney general may delegate to the department the authority to represent the state in any action brought to challenge department decisions prior to exhaustion of administrative remedies and final disposition by the department.

AB338,15,14 (i) The department shall remit all forfeitures paid under this subsection to the secretary of administration for deposit in the general fund.

AB338,15,18 (9) Legislative recommendations. Biennially, the department shall prepare a report to be distributed to the legislature in the manner provided in s. 13.172 (2) recommending amendments to this section, including recommendations in response to amendments to 45 CFR part 180.

AB338,2 Section 2. Effective date.

AB338,15,21 (1) This act takes effect on the first day of the 4th month beginning after publication.

AB338,15,22 (End)