Section 122.03. Definitions.

  In this chapter:

(1)  "Affected party" means:

(a) The applicant;

(b) Other persons providing similar services in the applicant's planning area;

(c) Members of the public to be served by the project;

(d) Local planning agencies, including area agencies on aging and zoning authorities;

(e) Other applicants undergoing concurrent review;

(f) Local units of government, including county boards of supervisors and city councils, and the administrative agencies serving those units of government; and

(g) Third-party payers.

(2)  "Applicant" means a person who requests an approval or for whom an approval is requested.

(3)  "Approval" means a written statement from the department authorizing a person to commence implementation of a reviewed project.

(4)  "Approval holder" means a person to whom an approval has been issued.

(5)  "Biennium" means a 2-year period beginning on July 1 of an odd-numbered year.

(6)  "Capital expenditure" means an expenditure by or on behalf of a nursing home or FDD which is not properly chargeable as an expense of operations or maintenance. A capital expenditure does not include an expenditure for a housing project or a day care center or for a community-based residential facility not participating in the medical assistance program.

(7)  "Center for the developmentally disabled" or "center" has the meaning specified in s. 51.01 (3) , Stats.

(8)  "Community-based residential facility" or "CBRF" has the meaning specified in s. 50.01 (1) , Stats.

(9)  "Concurrent review" means the review of competing applications for new beds in the same planning area.

(10)  "Cost overrun" has the meaning prescribed in s. 150.01 (9) , Stats., namely, an obligation exceeding the maximum capital expenditure authorized by an approval.

(11)  "Date of notification" means the date on which the department publishes in a newspaper of general circulation and in the department's office of management and policy ch. 150 , Stats. , newsletter notice of receipt of and the proposed period for review of all applications being reviewed.

(12)  "Day care center" means a facility where a person other than a relative or guardian provides care and supervision to adults or children on a nonresidential basis.

(13)  "Department" means the department of health services.

(14)  "Facility for the developmentally disabled" or "FDD" means a Wisconsin center for the developmentally disabled licensed under ch. DHS 134 or a type of nursing home which, for the purpose of establishing and adjusting bed limits, is distinguishable from other nursing homes by primarily serving residents whose diagnosis is a long-term, chronic, developmental disability. Except as otherwise provided in rule by the department, "primarily serving," in this subsection, means that the facility's resident census, calculated on an annual basis, consists of the following minimum proportion of residents who have a developmental disability as their diagnosis and who require and receive active treatment:

(a) Fifty-one percent or greater for facilities licensed before April 1, 1985; and

(b) Eighty percent or greater for facilities newly licensed on or after April 1, 1985.

(15)  "Health planning area" or "planning area" means one of the areas of the state with the boundaries indicated in Appendix A, except that in reference to centers for the developmentally disabled"health planning area" or "planning area" means the entire state.

(16)  "Long-term care facility" means a facility for the developmentally disabled or other nursing home.

(17)  "Long term care services" means services provided by nursing homes and services provided by community agencies to persons diverted or relocated from nursing home placement under a medical assistance waiver.

(18)  "Material change in project scope" means the inclusion of beds not originally part of the application or a significant design change in the project which has a financial impact on the project.

(19)  "Medical assistance" or "MA" means an assistance program under 42 USC 1396 and ss. 49.43 to 49.49 , Stats.

(20)  "New beds" means beds allocated for addition to the current licensed bed capacity of any planning area.

(21)  "Nursing home" has the meaning specified in s. 50.01 , Stats.

(22)  "Person" means an individual, trust or estate, partnership, corporation, state or a political subdivision or agency of a state or local government unit.

(23)  "Replacement" means, in reference to a project, the construction of beds or related space to take the place of an equal or greater number of beds or related space in the same planning area.

(24)  "Secretary" means the secretary of the department of health services.

(25)  "Statewide bed limit" means the maximum number of nursing home beds or FDD beds allowed to be licensed under ch. 50 , Stats. , as set out in s. 150.31 (1) , Stats., with any adjustments made by the department under s. 150.31 (2) to (6) , Stats.

(26)  "Total replacement" or "totally replace" means the closing of a facility and the construction or licensure of an equal or lesser number of beds and ancillary space designed to replace that facility within the planning area.

History: Cr. Register, March, 1985, No. 351 , eff. 4-1-85; cr. (17m), Register, January, 1987, No. 373 , eff. 2-1-87; am. (1) (d), (11) and (15), r. (16) and (23), renum. (17), (17m), (24) and (25) to be (16), (17), (23) and (24), cr. (25), Register, January, 1991, No. 421 , eff. 2-1-91; corrections in (13), (14) and (24) made under s. 13.92 (4) (b) 6. and 7. , Stats., Register January 2009 No. 637 .