Section 10.72. Information and referral requirements for hospitals.

 

(1)   Purpose. This section implements s. 50.36 (2) (c) , Stats., which directs the department to promulgate rules requiring hospitals to refer certain patients to a resource center and s. 50.38 , Stats., which establishes penalties for hospitals that do not comply with the requirements.

(2)   Applicability. This section applies to a hospital only to the extent that the secretary has certified under s. DHS 10.71 that one or more resource centers are available for referrals from the hospital of a specified target population.

(3)   Required referrals . Except as provided in sub. (4) , prior to discharging a patient who is aged 65 or older or who has a physical or developmental disability and whose disability or condition requires long-term care that is expected to last at least 90 days, the hospital shall refer the patient to the resource center serving the county in which the person resides or intends to reside. When the hospital makes the referral, the hospital shall provide information to the patient about resource center services and the family care benefit, as specified by the department. If the patient is being discharged to a long-term care facility, the hospital shall notify the long-term care facility when the hospital makes the referral to the resource center.

(4)   Exemptions. The hospital shall refer an individual in accordance with sub. (3) unless any of the following apply:

(a) The person is under the age of 17 years and 9 months.

(b) A functional screen under s. DHS 10.33 has been completed for the person within the previous 6 months.

(c) The person is an enrollee of a care management organization.

(5)   Penalties.

(a) Forfeiture . If the department finds that a hospital has not complied with the requirements of this section, it may directly impose on the hospital a forfeiture of not more than $500 for each violation. If the department determines that a forfeiture should be assessed for a particular violation, the department shall send a notice of assessment to the hospital. The notice shall specify the amount of the forfeiture assessed, the violation and the statute or rule alleged to have been violated, and shall inform the hospital of the right to a hearing under par. (b) .

(b) Hearing. A hospital may contest an assessment of a forfeiture by sending, within 10 days after receipt of notice under par. (a) , a written request for a hearing under s. 227.44 , Stats., to the division of hearings and appeals in the department of administration. A hearing request shall be considered filed on the date of actual receipt by the division of hearings and appeals, or the date of the postmark, whichever is earlier. A request filed by facsimile is complete upon transmission. If the request is filed by facsimile transmission and such transmission is completed between 5 p.m. and midnight, one day shall be added to the prescribed period. The hearing shall be scheduled and conducted in accordance with the requirements of s. 50.38 , Stats.

(c) Payment of forfeitures . All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested under par. (b) , within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is appealed and the order is stayed by court order. The department shall remit all forfeitures paid to the state treasurer for deposit in the school fund.

History: Cr. Register, October, 2000, No. 538 , eff. 11-1-00.

Note

Sections 50.36 (2) (c) and 50.38, Stats., were repealed by 2007 Wis. Act 20 . Microsoft Windows NT 6.1.7601 Service Pack 1 Section 50.38, Stats., was repealed by 2007 Wis. Act 20 . Microsoft Windows NT 6.1.7601 Service Pack 1 A hearing request can be submitted by mail or hand-delivered to the Division of Hearings and Appeals, 505 University Ave., Room 201, Madison, WI 53705-5400, or faxed to the Division at [phone]. The Division's telephone number is [phone]. Microsoft Windows NT 6.1.7601 Service Pack 1