DHS 122.05(1)(b)1.a.a. Calculating the age-specific statewide use rates for long-term care services by adding the total statewide number of persons being served under a medical assistance waiver, exclusive of persons relocated from a state center for the developmentally disabled under s. 46.275, Stats., and the total statewide number of persons utilizing nursing homes, exclusive of FDDs, for each of the age groups under 21, 21 to 54, 55 to 64, 65 to 74, 75 to 84 and 85+, and dividing the resulting sum for each age group by the current total statewide population for that age group. Utilization data shall be for December 31 of the most recent year for which data is available;

DHS 122.05(1)(b)1.b.b. Determining the age-specific expected county use of long-term care services by multiplying each age-specific statewide use rate by the actual current population for each age group in each county as estimated by the Wisconsin department of administration;

DHS 122.05(1)(b)1.c.c. Determining each county’s total expected use of long-term care services by summing the age-specific calculations in subd. 1. b. for each county;

DHS 122.05(1)(b)1.d.d. Determining the actual countywide use of long-term care services by adding the total number of residents of the county reported in the department’s annual survey of nursing homes as residing in nursing homes, exclusive of FDD’s, on December 31 of the recent survey year, and the number of persons being served under a medical assistance waiver, exclusive of persons relocated from a state center for the developmentally disabled under s. 46.275, Stats., in the same year in that county; and

DHS 122.05(1)(b)1.e.e. Determining the ratio of actual use to expected use by dividing the result of the calculation in subd. 1. d. by the result of the calculation in subd. 1. c.

DHS 122.05(1)(b)2.2. Only applicants whose projects would be located in counties which meet both of the following conditions are eligible to compete for new beds:

DHS 122.05(1)(b)2.a.a. The ratio of actual use to expected use as calculated in subd. 1. e. is less than one; and

DHS 122.05(1)(b)2.b.b. The countywide occupancy rate as reported in the most recently available annual survey of nursing homes is greater than 94%. The countywide occupancy rate is calculated by dividing the sum of all patient days for all nursing homes exclusive of FDDs in a county, as reported in the annual survey of nursing homes, by the number of days in the calendar year and then dividing that result by the total current number of licensed nursing home beds in that county, exclusive of FDDs, as reported by the department’s bureau of quality compliance.

DHS 122.05(1)(b)3.a.a. The department shall review the methodology under subds. 1. and 2. every 3 years in consultation with the area agencies on aging, the county social service or human service departments and representatives of the nursing home industry.

DHS 122.05(1)(b)3.b.b. The department shall annually update data necessary to establish a priority list of counties for the purpose of allocating beds. The department may revise the priority list between annual updates to reflect changes in bed capacity resulting from approvals under this chapter, reductions in the capacity of existing nursing homes, facility closures, or relocations of beds or facilities within a planning area.

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(2)(c)(c) In making the distribution of beds under s. DHS 122.04 (1) (b) 2. a., the department shall use as its standard what best meets the needs of the population to be served.

DHS 122.05 HistoryHistory: 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: