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AB353,16,1715(g) A hospital is considered to have failed to comply with a corrective action
16plan under this subsection if the hospital fails to address a violation within the
17specified period of time contained in the corrective action plan.
AB353,16,1918(8) Forfeiture. (a) The department shall impose a forfeiture on a hospital if
19the hospital does any of the following:
AB353,16,21201. Fails to respond to the departments request to submit a corrective action
21plan under sub. (7).
AB353,16,23222. Fails to comply with the requirements of a corrective action plan submitted
23to the department under sub. (7).
AB353,17,4
1(b) The department shall impose a forfeiture on a hospital for each violation of
2a requirement of this section. The department shall set the forfeiture in an amount
3sufficient to ensure compliance by hospitals with the provisions of this section
4subject to the limitations under par. (c).
AB353,17,65(c) The forfeiture imposed under this subsection shall comply with all of the
6following:
AB353,17,871. In the case of a hospital with 30 beds or fewer, the forfeiture may not be
8lower than $600 for each day in which the hospital violates this section.
AB353,17,1192. In the case of a hospital with a bed count that is greater than 30 but less
10than 101, the forfeiture may not be lower than $1,200 for each day in which the
11hospital violates this section.
AB353,17,14123. In the case of a hospital with a bed count that is greater than 100 but less
13than 551, the forfeiture may not be lower than $2,500 for each day in which the
14hospital violates this section.
AB353,17,17154. In the case of a hospital with a bed count that is greater than 550, the
16forfeiture may not be less than $10,000 for each day in which the hospital violates
17this section.
AB353,17,1918(d) Each day a violation of this section continues is considered a separate
19violation for purposes of this subsection.
AB353,17,2120(e) In determining the amount of the forfeiture under this subsection, the
21department shall consider all of the following factors:
AB353,17,22221. Previous violations by the hospitals operator.
AB353,17,23232. The seriousness of the violation.
AB353,18,1
13. Any demonstrated good faith by the hospitals operator.
AB353,18,224. Any other matters that the department determines is relevant.
AB353,18,73(f) If a hospital desires to contest the imposing of a forfeiture under this
4subsection, the hospital shall, within 15 days after receipt of notice, notify the
5department in writing of its request for a hearing under s. 227.44. The department
6shall hold the hearing within 30 days after receipt of such notice and shall send
7notice to the hospital of the hearing as provided under s. 227.44 (2).
AB353,18,118(g) All forfeitures shall be paid to the department within 15 days after receipt
9of notice of forfeiture or, if the forfeiture is contested under par. (f), within 15 days
10after receipt of the final decision after exhaustion of administrative review, unless
11the final decision is appealed and the order is stayed by court order.
AB353,18,1712(h) 1. All administrative remedies shall be exhausted before an agency
13determination under this subsection shall be subject to judicial review. Final
14decisions after hearing shall be subject to judicial review exclusively as provided in
15s. 227.52, except that any petition for review of department action under this
16subsection shall be filed within 15 days after receipt of notice of the final agency
17determination.
AB353,19,2182. The court may stay enforcement under s. 227.54 of the departments final
19decision if a showing is made that there is a substantial probability that the party
20seeking review will prevail on the merits and will suffer irreparable harm if a stay
21is not granted and that the hospital will meet the requirements of this section
22during such stay. When a stay is granted, the court may impose such conditions on

1the granting of the stay as may be necessary to safeguard the public and to assure
2compliance by the hospital with the requirements of this section.
AB353,19,633. The attorney general may delegate to the department the authority to
4represent the state in any action brought to challenge department decisions prior to
5exhaustion of administrative remedies and final disposition by the department
6under this subsection.
AB353,19,87(i) The department shall remit all forfeitures paid under this subsection to the
8secretary of administration for deposit in the general fund.
AB353,19,129(9) Legislative recommendations. Biennially, the department shall
10prepare a report to be distributed to the legislature in the manner provided in s.
1113.172 (2) recommending amendments to this section, including recommendations
12in response to amendments to 45 CFR part 180.
AB353,1113Section 11. 50.42 of the statutes is created to read:
AB353,19,151450.42 Restricting debt collection actions against patients for
15noncompliant hospitals. (1) In this section:
AB353,19,1816(a) 1. Debt means any obligation or alleged obligation of a consumer to pay
17money arising out of a transaction, whether or not the obligation has been reduced
18to judgment.
AB353,19,20192. Debt does not include an obligation for business, investment, commercial,
20or agricultural purposes or an obligation incurred by a business.
AB353,19,2121(b) Hospital items or services has the meaning given in s. 50.40 (1) (g).
AB353,20,522(2) A party seeking judgment against a patient for a debt owed for hospital
23items or services that are purchased for or provided to the patient by a hospital

1shall file a certification under oath to the court stating that the hospital that
2provided the hospital items or services to the patient is not, according to the
3departments list under s. 50.40 (6) (c), out of compliance with the requirements of
4s. 50.40 as of the date of the certification before judgment may be entered in favor of
5the party seeking judgment.
AB353,126Section 12. 51.036 (2) (b) 1. of the statutes is amended to read:
AB353,20,12751.036 (2) (b) 1. A crisis urgent care and observation facility certified under
8this section is not subject to facility regulation under ch. 50, unless otherwise
9required due to the facilitys licensure or certification for other services or purposes.
10A crisis urgent care and observation facility is not a hospital subject to approval
11under ss. 50.32 to 50.39 50.42 and nothing in this subsection limits services a
12hospital may provide under ch. 50.
AB353,1313Section 13. Initial applicability.
AB353,20,1514(1) This act first applies to items and services provided by a hospital to a
15patient on the effective date of this subsection.
AB353,1416Section 14. Effective date.
AB353,20,1817(1) This act takes effect on the first day of the 4th month beginning after
18publication.
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