Section DHS 83.10 - Change of ownership(1) DUTIES OF THE TRANSFEROR. (a) The transferor shall notify the department within 30 days before the final change of ownership of a CBRF and shall include the name and contact information of the transferee.(b) The transferor remains responsible for the operation of the CBRF until the department issues a license to the transferee, unless the CBRF voluntarily closes, and relocates all residents.(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 s. DHS 83.34(7).(e) The transferor shall remain liable for all forfeitures assessed against the facility which is imposed for violations occurring prior to transfer of ownership.(f) The transferor shall notify residents or resident's legal representatives no less than 7 days in advance of the transfer of ownership.(2) DUTIES OF THE TRANSFEREE.(a) 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 83.05 at least 30 days prior to final transfer date.(b) If there is less than 30 days notice given to residents of transfer of ownership, neither the transferor nor the transferee may enforce any advanced notice requirements for discharge as specified in any resident's admission agreement.(3) TRANSFERABILITY. (a) The department shall issue a license only for the premises and persons named in the license application. A license may not be transferred or reassigned.(b) The licensee shall notify the department in writing at least 30 days before the effective date of any of the following changes: 1. Removing, adding or substituting an individual as a partner in the association, dissolving the existing partnership and creating a new partnership.2. Removing, adding, or substituting any member in a limited liability company.3. Making 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.Wis. Admin. Code Department of Health Services § DHS 83.10
CR 07-095: cr. Register January 2009 No. 637, eff. 4-1-09.