DHS 122.06(7)(c)3.b.b. Any partial reconversion results in a remaining FDD of at least 3 FDD beds which meets the provisions of s. DHS 122.07 (1m) (c).
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)(9)Request for hearing.
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)(10)Expedited review.
DHS 122.06(10)(a)(a) Conditions for expedited review. An application submitted under sub. (2) is subject to the requirements of this subsection rather than subs. (4m) (b), (5) (b) and (c) and (6) to (9) if:
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.
DHS 122.06(10)(c)(c) Review period. Applications which are subject to this subsection shall be reviewed by the department within 60 days of receipt of a complete application.
DHS 122.06(10)(d)(d) Completeness.
DHS 122.06(10)(d)1.1. The department shall have 5 working days to determine if the application is complete and, if incomplete, to issue a request for additional information to the applicant. An incomplete application is one in which:
DHS 122.06(10)(d)1.a.a. The applicant has failed to provide requested information;
DHS 122.06(10)(d)1.b.b. The information is illegible or unreadable in the form submitted; or
DHS 122.06(10)(d)1.c.c. The application contains information contradicted or unjustified by other materials in the application.
DHS 122.06(10)(d)2.2. Applications that were originally declared incomplete shall be declared complete on the date of receipt of all additional information requested by the department.
DHS 122.06(10)(e)(e) Meeting: No public meeting is required on any project submitted under this subsection.
DHS 122.06(10)(f)(f) Department’s initial finding. The department shall issue its initial finding to approve or reject the application within 60 days following receipt of a complete application. The initial finding shall be based on the criteria specified in s. DHS 122.07.
DHS 122.06(10)(g)(g) Hearing. An adversely affected applicant shall have 10 days after the date of the initial finding to file a written request for a public hearing to challenge the initial finding on an application. Public hearings shall be held in the manner specified in s. DHS 122.08. If no requests for a hearing are made or if they are received after the 10-day limit, the initial finding becomes the department’s final action.
DHS 122.06 HistoryHistory: Cr. Register, March, 1985, No. 351, eff. 4-1-85; emerg. cr. (1) (c), eff. 1-1-87; emerg. cr. (1) (c), am. (9), eff. 5-31-87; cr. (1) (c), (7) (c) and (9) (b), am. (7) (a), renum. (9) to be (9) (a) and am., Register, October, 1987, No. 382, eff. 11-1-87; emerg. cr. (1) (d), eff. 10-1-88; emerg. cr. (1m) eff. 7-1-89; emerg. cr. (1r), eff. 9-21-90; am. (1) (a) 1. a. to d., (3), (4) (a), (b), (c) (intro.), (d) 1. intro., 2. and 5., (7) (a), (8), (9) (a), (10) (a) (intro.), (b) (d) 1. intro. and (10) (g), r. and recr. (2) and (10) (e), r. (6) (a) and (c), renum. (5) and (6) (b) to be (5) (a) and (6) and am., cr. (1) (c) 3. to 6., (4m), (5) (b) and (c), Register, January, 1991, No. 421, eff. 2-1-91; emerg. cr. (1) (d), eff. 5-11-93; cr. (1) (d), Register, January, 1994, No. 457, eff. 2-1-94; emerg. am. (2), (4) (a), (d) 1. (intro.) and 5., (5) (a), (6), cr. (3m), eff. 11-29-95; am. (2), (4) (a), (d) 1. (intro.), 5., (5) (a) and (6), cr. (3m), Register, May, 1996, No. 485, eff. 6-1-96; corrections in (1) (d) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.
DHS 122.07DHS 122.07Review criteria and selection process.
DHS 122.07(1)(1)Review criteria. The department shall use the criteria set out in this subsection in its review of all applications for project approval. Cost containment shall be the first priority in applying these criteria. The department may not approve a project unless the applicant has demonstrated that:
DHS 122.07(1)(a)(a) The project is consistent with the state health plan and other long-term care support plans developed by the department.
DHS 122.07(1)(b)(b) Medical assistance funds appropriated are sufficient to reimburse the applicant for providing nursing home or FDD care.
DHS 122.07(1)(c)(c) The cost of renovating or replacing the facility or adding new beds is consistent with the cost of similar nursing home or FDD projects recently approved by the department and is reasonable based on independent analyses using industry-recognized cost-estimating techniques, and:
DHS 122.07(1)(c)1.1. The proposed cost per bed for total facility replacement or for new facilities and beds does not exceed the following per bed cost expressed in the formula for nursing homes and FDDs, that C is less than or equal to 1.4 (S) (F).
DHS 122.07(1)(c)1.a.a. “C” in this formula means maximum cost per bed using the capitalized project costs, including site improvements, buildings, fixed equipment, interest during construction and professional and financing fees, calculated to the midpoint of construction.
DHS 122.07(1)(c)1.b.b. “S” equals $31,000.