DHS 127.03(6)(b) (b) Changes requiring new application. An application for a new license shall be submitted to the department within 30 calendar days after any of the following:

DHS 127.03(6)(b)1. 1. The licensee transfers title of the rural medical center, regardless of whether the transfer includes title to the real estate.

DHS 127.03(6)(b)2. 2. In a partnership, the removal, addition or substitution of an individual as a partner or the dissolving of an existing partnership and the creation of a new partnership.

DHS 127.03(6)(b)3. 3. The operator has relinquished management of the rural medical center.

DHS 127.03(7) (7) Denial, suspension or revocation.

DHS 127.03(7)(a) (a) Action.

DHS 127.03(7)(a)1. 1. ‘Denial.’ The department shall deny an application for an initial rural medical center license or for modification of a license to provide an additional health care service to any applicant not receiving a favorable license application determination under sub. (4) or failing to pay the license fee under sub. (3). The department shall provide written notice to the applicant within 45 calendar days after receipt of the complete application. If the department denies an application for a license or for authorization to provide a specific type of health care service for the sole reason that the applicant has an outstanding adverse action and the cause of the adverse action is subsequently corrected, the department shall issue the license within 30 calendar days after receiving notice from the applicant that the cause of the adverse action has been corrected, provided that the application is otherwise complete and the applicant pays the license fee under sub. (3).

DHS 127.03(7)(a)2. 2. ‘Suspension or revocation.’

DHS 127.03(7)(a)2.a. a. Non-emergency. The department, after providing written notice to the licensee, may suspend or revoke a rural medical center license or authorization to provide a specific type of health care service if the department determines that the rural medical center has substantially failed to comply with the requirements of ss. 50.50 to 50.56, Stats., or this chapter. Except as provided in subd. 2. b., the department shall provide written notice to the licensee of the suspension or revocation at least 30 days before the suspension or revocation is to take effect.

DHS 127.03(7)(a)2.b. b. Emergency. The department may, in the event of an emergency condition that imminently threatens the health, safety or welfare of rural medical center patients or residents, order summary suspension of new admissions to all or part of the rural medical center or order summary suspension of the rural medical center’s authorization to provide a specific type of health care service until such time as the department decides that the rural medical center has removed or corrected the causes or violations creating the emergency.

DHS 127.03(7)(b) (b) Contents of notice. In a notice of denial, suspension or revocation under par. (a), the department shall state the reasons for its action and specify the statute or rule and facts that constitute any violation or noncompliance. The notice shall identify the process under par. (g) for an appeal of the denial, suspension or revocation.

DHS 127.03(7)(c) (c) Return receipt. If the department receives a return receipt for the notice sent under par. (a), the return receipt is conclusive evidence that the addressee received the notice. If the department does not receive a return receipt for the notice sent under par. (a), the addressee shall be presumed to have received the notice on the fifth calendar day after the date the notice was mailed.

DHS 127.03(7)(d) (d) Effective date.

DHS 127.03(7)(d)1. 1. Subject to s. 227.51, Stats., a denial, suspension or revocation is effective on the date set by the department in the notice of denial, suspension or revocation, on the date of expiration of an existing license, except that:

DHS 127.03(7)(d)1.a. a. In the event of a contested case hearing pursuant to s. 227.42, Stats., the effective date is the date of final action.

DHS 127.03(7)(d)1.b. b. In the event of judicial review pursuant to s. 227.52, Stats., or a stay granted under s. 227.54, Stats., the effective date is the date of final action.

DHS 127.03(7)(d)2. 2. The department may delay the effective date of license revocation in order to permit orderly removal and relocation of patients or residents served by the rural medical center.

DHS 127.03(7)(f) (f) Effect on other licenses, approvals, certifications or health care services. The department’s denial, suspension or revocation of an application, license or authorization to provide a specific type of health care service shall have no bearing on any other license, approval or certification of health care services maintained in good standing as specified under sub. (4) (d) 6., unless the applicant ceases to qualify as a rural medical center.

DHS 127.03(7)(g) (g) Appeal of denial, suspension or revocation. An applicant or licensee may request a hearing under ch. 227, Stats., to appeal the department’s decision to deny, suspend or revoke the application or license. The request for hearing shall be in writing and filed in the department of administration’s division of hearings and appeals within 10 working days after receipt of the notice of denial under par. (a) 1. or of suspension or revocation under par. (a) 2. A request for a hearing is considered filed on the date of its receipt by the division of hearings and appeals. Review of the department’s decision by that office is not available if the request for a hearing is received more than 10 working days after the date that the applicant or licensee receives the notice of denial, suspension or revocation of the license.

DHS 127.03 Note Note: A hearing request should be sent or may be delivered to the Department of Administration’s Division of Hearings and Appeals, 5005 University Avenue, Suite 201, Madison, Wisconsin, 53705-5400.

DHS 127.03 History History: Cr. Register, February, 1999, No. 518, eff. 3-1-99; corrections in (2) (a), (3) (a), (4) (d) 5. and 6. made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; correction in (3) (a) 4. made under s. 13.92 (4) (b) 7., Stats., Register December 2010 No. 660; correction in (3) (a) 4. made under s. 13.92 (4) (b) 7., Stats., Register January 2011 No. 661.

DHS 127.04 DHS 127.04 Compliance with laws. All rural medical centers shall operate and provide health care services in compliance with all applicable federal, state and local government statutes, regulations, rules and ordinances and accepted standards and principles that apply to professionals providing health care services for the center.

DHS 127.04 History History: Cr. Register, February, 1999, No. 518, eff. 3-1-99.

DHS 127.05 DHS 127.05 Inspections and investigations.

DHS 127.05(1) (1) The department may conduct an unannounced inspection of a rural medical center facility as often as required by the federal government or as the department deems necessary. The department may investigate complaints it receives concerning the operation of a rural medical center.

DHS 127.05(2) (2) 

DHS 127.05(2)(a) (a) A rural medical center surveyed or investigated under this section shall provide the department with access to patient or resident health care records, regardless of the source of patient or resident health care payment, as well as clinical, financial and administrative records, throughout the duration of any survey, inspection or investigation that the department conducts.

DHS 127.05(2)(b) (b) A rural medical center shall release patient or resident health care records without the informed consent of the patient or resident in response to a request by any federal or state governmental agency to perform a legally authorized function, including but not limited to management audits, financial audits, program monitoring and evaluation or facility licensure or certification.

DHS 127.05(3) (3) A survey or investigation by the department may include visits with patients or residents with the prior consent of the patients or residents. Upon the department’s request, a rural medical center shall provide the department a list of names, addresses and other identifying information of current and past patients or residents. The department may select the names of the patients or residents to be visited and may visit those patients or residents with their prior consent.