Wis. Admin. Code Department of Health Services § DHS 134.14 - Licensure

(1) APPLICATION. Application for a license to operate an FDD shall be made on a form provided by the department.

Note: To obtain a copy of the application form for a license to operate an FDD, write: Division of Quality Assurance, P.O. Box 2969, Madison, Wisconsin 53701-2969.

(2) RESTRICTIONS.

(a) A new FDD may not have more than 16 residents, except that:

1. A center serving people with developmental disabilities may have more than 16 residents; and

2. A home licensed under ch. DHS 132 on July 1, 1988 which under ch. DHS 122 has converted or converts all of a building or a physically identifiable distinct part of a building to be an FDD may have a capacity that is equal to the total number of beds approved under s. DHS 122.07(2).

(b) A home licensed under ch. DHS 132 may not be issued a license to operate as an FDD after July 1, 1988 if it is not an FDD on July 1, 1988, except as provided in par. (a) 2.

(3) REQUIREMENTS FOR A LICENSE.

(a) An applicant for a license shall submit the following information to the department:

1. The identities of all persons or business entities having the authority, directly or indirectly, to direct or influence the direction of the management or policies of the facility;

2. The identities of all persons or business entities having any ownership interest in the facility, whether direct, or indirect, and whether the interest is in the profits, land or building, including owners of any business entity which owns any part of the land or building;

3. The identities of all creditors holding a security interest in the premises, whether in the land or the building; and

4. In the case of a change of ownership, disclosure of any relationship or connection between the old licensee and the new licensee, or between any owner or operator of the old licensee and the owner or operator of the new licensee, whether direct or indirect.

(b) The applicant shall provide any additional information requested by the department during its review of the license application.

(c) The applicant shall submit evidence to establish that he or she has sufficient resources to permit operation of the facility for a period of 6 months.

(d) No license may be issued until the applicant has supplied all information requested by the department.

(4) ACTION BY THE DEPARTMENT.

(a) After receiving a complete application, the department shall investigate the applicant to determine the applicant's ability to comply with this chapter.

(b) Within 60 days after receiving a complete application for a license, including all information required under sub. (3) (a) to (c), the department shall either approve the application and issue a license or deny the application. If the application for a license is denied, the department shall give the applicant reasons, in writing, for the denial.

(5) TYPES OF LICENSE.

(a) Probationary license. If the applicant has not previously been licensed under this chapter or if the facility is not in operation at the time application is made, the department shall issue a probationary license. A probationary license shall be valid for 12 months from the date of issuance unless sooner suspended or revoked under s. 50.03(5), Stats. If the applicant is found to be in compliance with this chapter, a regular license shall be issued.

(b) Regular license. If the applicant has been previously licensed, the department shall issue a regular license if the applicant is found to be in compliance with this chapter. A regular license is valid indefinitely unless suspended or revoked.

(5m) ANNUAL REPORT. Every 12 months, on a schedule determined by the department, an FDD licensee shall submit a report to the department in the form and containing the information that the department requires, including payment of the fee required under s. 50.135(2) (a), Stats. If a complete report is not timely filed, the department shall issue a warning to the licensee. If the licensee of an FDD who has not filed a timely report fails to submit a complete report to the department within 60 days after the date established under the schedule determined by the department, the department may revoke the license.

(5r) REPORTING INVOLUNTARY ADMINISTRATION OF PSYCHOTROPIC MEDICATION. The licensee shall provide, in a format approved by the department, information required by the department to assess the facility's compliance with s. 55.14, Stats., relating to involuntary administration of psychotropic medication to a resident.

(6) SCOPE OF LICENSE.

(a) A license is issued only for the premises and the persons named in the license application, and may not be transferred or assigned by the licensee.

(b) The license shall state any applicable restrictions, including maximum bed capacity and any other limitation that the department considers appropriate and necessary taking all facts and circumstances into account.

(c) The licensee shall fully comply with all requirements and restrictions of the license.

(7) CONDITION FOR MEDICAL ASSISTANCE PROVIDER CERTIFICATION. In order to claim reimbursement from the department's medical assistance program for the cost of care provided to medical assistance recipients, an FDD is required to be a certified provider under that program. The sole condition for certification, stated in s. DHS 105.12, is that the FDD be licensed under this chapter. For services covered by the MA program and for prior authorization requirements, see chs. DHS 101 to 108.

Notes

Wis. Admin. Code Department of Health Services § DHS 134.14

Cr. Register, June, 1988, No. 390, eff. 7-1-88; corrections in (2) (a) 2. and (7) made under s. 13.93(2m) (b) 7, Stats., Register, April, 2000, No. 532; am. (5), cr. (5m), Register, August, 2000, No. 536, eff. 9-1-00; CR 03-033: am. (1), (2) (a) (intro.) and (5m) Register December 2003 No. 576, eff. 1-1-04; CR 04-053: am. (2) (a) 1. Register October 2004 No. 586, eff. 11-1-04; CR 07-042: cr. (5r) Register October 2007 No. 622, eff. 11-1-07; corrections in (2) and (7) made under s. 13.92(4) (b) 7, Stats., Register January 2009 No. 637.