DHS 122.07(2)(am)1.1. If after removing from consideration all applications which fail to meet one or more review criteria, there remain more applications than can be approved for the beds available under s. DHS 122.04 (1) (b) 2. a., the department shall rank the remaining applications according to how each meets each applicable review criterion under subs. (1) and (1m), assigning the lowest number to the application which best meets each criterion. DHS 122.07(2)(am)2.2. The department shall approve applications in order beginning with the lowest score, until all available beds are allocated. If there is a tie between applications for the last available approval, the department shall rank the applications according to their scores on review criteria under sub. (1m) (b). DHS 122.07(2)(at)1.1. If after removing from consideration all applications which fail to meet one or more review criteria, there remain more applications than can be approved for the number of projects allowed under sub. (1t), the department shall rank the remaining applications according to how each meets each applicable review criterion under subs. (1), (1m) and (1t), assigning the lowest number to the application which best meets each criterion. DHS 122.07(2)(at)2.2. The department shall approve projects in order beginning with the lowest score, until all approvable projects are allocated. If there is a tie between applications, the department shall rank those applications based on the best research design. DHS 122.07(2)(b)(b) Applications for renovation proposals, replacement facilities and capital expenditures over $600,000 which do not affect bed capacity and which meet all criteria in sub. (1) shall be approved unless the per diem rates proposed as a result of the project are inconsistent with those of similar FDD or other nursing home projects recently approved by the department. DHS 122.07(2)(c)(c) In applying pars. (a) and (b), the department shall consider the comments of affected parties. DHS 122.07(2)(d)(d) The department may not approve new beds if this would cause the statewide bed limit to be exceeded. DHS 122.07 HistoryHistory: Cr. Register, March, 1985, No. 351, eff. 4-1-85; emerg. cr. (1m) and (2) (am), eff. 1-1-87; am. (2) (a) (intro.) and 1., cr. (2) (a) 5., Register, January, 1987, No. 373, eff. 2-1-87; emerg. cr. (1m) and (2) (am), eff. 5-31-87; cr. (1m) and (2) (am), Register, October, 1987, No. 382, eff. 11-1-87; emerg. cr. (1r), eff. 10-1-88; emerg. am. (1) (c) 1. and 2. eff. 3-16-90; am. (1) (c) 1. and 2., Register, September, 1990, No. 417, eff. 10-1-90; correction in (1) (g) 1. made under s. 13.93 (2m) (b) 7., Stats., Register, September, 1990, No. 417; am. (1) (f), (2) (a) 4. intro. and (c), cr. (1) (L), Register, January, 1991, No. 421, eff. 2-1-91; emerg. cr. (lr), eff. 5-11-93; emerg. r. and recr. (lr) (d), eff. 9-30-93; cr. (lr), Register, January, 1994, No. 457, eff. 2-1-94; emerg. cr. (1t) and (2) (at), eff. 11-29-95; cr. (1t) and (2) (at), Register, May, 1996, No. 485, eff. 6-1-96; correction in (1m) (f) 2., made under 13.93 (2m) (b) 7., Stats., Register, September, 1999, No. 525; corrections in (1) (g) 1., (1m) (b) and (1r) (intro.) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637. DHS 122.08(1)(1) Right to a hearing. An applicant whose application is rejected may request a public hearing to review the department’s initial finding. DHS 122.08(2)(a)(a) An applicant desiring a public hearing shall file a written request for a public hearing, no later than 10 days after the issuance of the initial finding, to both the department’s division of health care financing and the department of administration’s division of hearings and appeals. DHS 122.08 NoteNote: The Division of Health Care Financing has been renamed the Division of Health Care Access and Accountability. The mailing address of the Department’s Division of Health Care Access and Accountability is P.O. Box 309, Madison, Wisconsin 53701 and the mailing address of the Division of Hearings and Appeals P.O. Box 7875, Madison, Wisconsin 53707.
DHS 122.08(2)(b)(b) The applicant requesting the hearing shall identify the criteria at issue no later than 20 days after the issuance of the finding. DHS 122.08(3)(a)(a) Start of hearing process. The department shall commence the hearing process within 30 days after receiving a request under sub. (2), or 30 days following the last request in the event of a concurrent review, unless all parties to the hearing consent to an extension of this period. The hearing process shall begin upon appearance of the parties before the hearing examiner as part of a prehearing conference. DHS 122.08(3)(b)(b) Applications undergoing concurrent review. All applications undergoing concurrent review shall be considered at one hearing. DHS 122.08(3)(c)(c) Location. All public hearings and prehearing conferences shall be held in the city of Madison unless any party demonstrates that this would impose an undue hardship on that party. DHS 122.08(3)(d)(d) Legal issues. A public hearing under this subsection shall consist of a review of the department’s initial finding to approve or reject the project. The only issues in the hearing are whether the department’s initial finding was: DHS 122.08(3)(d)1.1. Contrary to the weight of the evidence on the record when considered as a whole; DHS 122.08(3)(e)1.1. At least 14 days prior to the public hearing, a prehearing conference shall be held. The purpose of the prehearing conference shall be to consider: DHS 122.08(3)(e)1.a.a. The possibility of obtaining admissions of fact and documents which will avoid unnecessary proof; and DHS 122.08(3)(e)1.b.b. The scheduling of the submission of names of witnesses to be called and the subject matter of testimony to be presented at the hearing.