Wis. Admin. Code DHS § DHS 75.07

Current through December 30, 2024
Section DHS 75.07 - Change of ownership
(1)CHANGE OF OWNERSHIP. A change of ownership of a service occurs when the service does any of the following:
(a) Removes, adds, or substitutes an individual as a partner in the association, dissolving the existing partnership and creating a new partnership.
(b) Removes, adds, or substitutes any member in a limited liability company.
(c) Makes a change in a corporate structure under which the same corporation no longer continues to be responsible for making operational decisions or for the consequences of those decisions.
(2)DUTIES OF THE TRANSFEROR.
(a) The transferor shall notify the department within 30 days before the change of ownership of a service and shall include the name and contact information of the transferee.
(b) The transferor remains responsible for the operation of the service until the department issues certification to the transferee, unless the service voluntarily closes and relocates all clients.
(c) The transferor shall disclose to the transferee any existing department waiver, variance, or outstanding deficiencies. The transferee shall apply for continuation of any existing waivers or variances, if necessary.
(d) The transferor shall follow the requirements for transferring financial responsibility under ch. 51, Stats.
(e) The transferor shall notify a clients or client's legal representative no less than 7 days in advance of the transfer of ownership.
(3)DUTIES OF THE TRANSFEREE. When there is a change of ownership, the transferee shall notify the department of the transfer, and shall submit a complete application as required under s. DHS 75.04 at least 30 days prior to the final transfer date.

Wis. Admin. Code Department of Health Services DHS 75.07

Cr. Register, July, 2000, No. 535, eff. 8-1-00; correction in (3) made under s. 13.92(4) (b) 7, Stats., Register November 2008 No. 635.
Adopted by, CR 20-047: cr. Register October 2021 No. 790, eff. 10/1/2022

This section is created eff. 10-1-22 by CR 20-047.