Section DHS 122.06 - Request for applications(1) BEDS. (a)New beds.1. After amendment of the statewide bed limit by the legislature, the department shall accept applications to fill the allotments for new beds, if any, for each planning area. Allotments shall be determined in the manner described in s. DHS 122.05. Application shall be made according to the following schedule: a. In January for all counties located in health planning area #2;b. In April for all counties located in health planning area #1;c. In July for all counties located in health planning areas #3, 4, and 7; andd. In October for all counties located in health planning areas #5 and 6.2. The department shall request applications for new beds once from each planning area during the first half of each biennium. If the number of new beds approved for an area is less than the planning area's adjusted allotment, a second request for applications may be made during the second half of the biennium according to the schedule in par. (a).(b)Replacement beds. The department shall annually accept applications to replace beds in a planning area which have been de-licensed but which were not closed under a medical assistance waiver or which were not replaced by CBRF beds which converted to nursing home licensure in order to retain medical assistance certification. Application shall be made according to the schedule in par. (a). (c)Nursing home beds converted to FDD beds. The following provisions apply to applications for conversion to an FDD under s. DHS 122.02(2) (a) and (c): 1. Applications that meet all applicable review criteria but do not receive approval due to bed limits imposed under s. DHS 122.04(1) (b) 2a. shall be automatically accepted for review under any subsequent request for applications without additional application fee unless the application has been substantially modified.2. The department shall request applications at least once between January 1, 1988 and December 31, 1989.3. Upon application to the department, the department may approve the operation of a distinct part of a nursing home as an FDD for a period of time not to exceed 4 years. Renewal of an approval initially granted under this subsection may be granted for a period of time not to exceed 4 years and only if all of the following conditions are met by the applicant: a. Continued operation of the FDD meets the review criteria and standards under s. DHS 122.07(1) and (1m);b. There is continued need, as determined by the department, for the FDD in the health planning area in which the facility is located; andc. Community-based services, including services developed under s. 46.278, Stats., are inappropriate for the individuals served in the FDD.4. The department may require that a nursing home seeking approval or an FDD seeking renewal under subd. 3. agree to reduce the size of the FDD under a plan submitted by the facility and approved by the department, during the approval or renewal period, in order to reflect reduced service need or increased availability of community-based long-term care services.5. Notwithstanding s. DHS 122.07(1m) (e), the department may waive the minimum size limits established under s. DHS 122.07(1m) (e) for a facility with an approved plan under subd. 4.6. Notwithstanding s. 150.29, Stats., if initial approval of an FDD is not renewed under subd. 3. or if approval or renewal is conditioned upon the requirement of subd. 4., reconversion of these beds to nursing home beds does not require approval under s. DHS 122.04.(d)FDD converted to a nursing home. The following provisions apply to applications under s. DHS 122.02(2) (b) and s. 150.21(5), Stats., for the total conversion of an FDD under ch. DHS 134 to be a nursing home under ch. DHS 132: 1. An application may be submitted only in response to a request by the department for applications.2. The department may accept an application only if the proposed converted facility is presently located or will be located in a county designated in accordance with s. DHS 122.05(1) (b) 2 or s. 150.40, Stats., and that county is located within the same health planning area in which the facility is presently located.(2) OTHER APPLICATIONS. Any person intending to engage in activities subject to this subchapter that are not specified under sub. (1), (3) or (3m) shall notify the department in writing of this intent at least 30 days prior to submitting an application for review. An application expires unless the department declares the application complete within 365 days after the date the department receives notice of the applicant's intent to engage in the activity. (3) CENTERS. After a change in the statewide bed limit, the department shall solicit applications from the state centers for the developmentally disabled to increase bed capacity. The schedule for submitting applications shall be determined by the department.(3m) PILOT PROJECTS. The department may at any time solicit applications from nursing homes which seek to demonstrate new nursing home designs. The schedule for submitting applications shall be determined by the department. [DOUBLE DAGGER](4) PROCESS FOR APPLICATIONS FOR BEDS, APPLICATIONS FROM CENTERS AND APPLICATIONS FOR PILOT PROJECTS. (a)Notice requesting applications. A notice requesting applications for beds under sub. (1), applications from centers under sub. (3) and applications for pilot projects under sub. (3m) shall be published in a major daily newspaper in each affected planning area on the first and second working days of the month during which requests are to be made. The notice shall state the deadline by which all applications are to be received. (b)Application forms. All applications shall be submitted on forms prescribed by the department. A prospective applicant may obtain the forms from the department. Note: For copies of application forms, contact: Resource Allocation Program, Division of Health Care Access and Accountability, P.O. Box 309, Madison, Wisconsin 53701.
(c)Period for accepting applications. The department shall accept applications submitted within 60 days following publication of the request for applications. The department shall return any application which: 1. Proposes to add new beds in a planning area, county or service area for which a request for applications was not made;2. Exceeds the new bed allotment for the planning area;3. Was submitted more than 60 days after the request for applications was published; or4. Was submitted prior to publication of the request for applications.(d)Review for completeness.1. Each application submitted under sub. (1), (3) or (3m) shall be reviewed by the department for completeness. An application shall be deemed incomplete if the applicant: a. Fails to provide all of the requested information;b. Provides the information in a manner which is illegible or otherwise unusable by the department; orc. Provides information which contradicts or is not justified by other materials in the application.2. The department may request additional information from the applicant within 10 working days following receipt of the application by the department.3. The applicant shall provide the required additional information within 30 days following the closing date for accepting applications.4. The department shall return all applications for which additional information has not been received by the deadline established in subd. 3.5. Except as provided in subd. 4., the department shall declare all applications under subs. (1), (3) and (3m) complete 60 days after the date of publication of the request for applications, or 90 days from that date if an application under sub. (1), (3) or (3m), including any application under sub. (1) or (3m) undergoing concurrent review, was originally declared incomplete and the additional information requested by the department was received within 30 days following the closing date for accepting applications. Note: Upon written request, the department will provide technical assistance to any small business, as defined in s. 227.114(1), Stats., or other small organization with fewer than 25 full-time employees or annual revenues of less than $2,500,000 regarding application materials and procedures. Requests should be sent to the Resource Allocation Program, Division of Health Care Access and Accountability, P.O. Box 309, Madison, Wisconsin 53701.
(4m) PROCESS FOR OTHER APPLICATIONS. (a)Application forms. All applications under sub. (2) shall be submitted on forms prescribed by the department. A prospective applicant may obtain the forms from the department. Note: For copies of the application forms, contact the Resource Allocation Program, Division of Health Care Access and Accountability, P.O. Box 309, Madison, Wisconsin 53701.
(b)Review for completeness.1. Each application submitted under sub. (2) shall be reviewed by the department for completeness. An application shall be deemed incomplete if the applicant:a. Fails to provide all of the requested information;b. Provides the information in a manner which is illegible or otherwise unusable by the department; orc. Provides information which contradicts or is not justified by other materials in the application.2. The department may request additional information from the applicant within 10 days following receipt of the application by the department.3. The department shall declare the application complete on the date which the department receives all the required information. Note: Upon written request, the department will provide technical assistance to any small business, as defined in s. 227.114(1), Stats., or other small organization with fewer than 25 full-time employees or annual revenues of less than $2,500,000 regarding application materials and procedures. Requests should be sent to the Resource Allocation Program, Division of Health Care Access and Accountability, P.O. Box 309, Madison, Wisconsin 53701.
(5) BEGINNING OF REVIEW PERIOD. (a)Beds, centers and pilot projects. The department shall publish in the ch. 150 newsletter of the office of management and policy and in a major daily newspaper in each affected planning area a list of all complete applications received under sub. (1), (3) or (3m), listing all applicants and describing their applications, within 20 days after the applications are declared complete. No person submitting an application may revise the cost or scope of the proposal after a notification of completeness has been made without the written consent of the department. (b)Other applications. The department shall publish in the ch. 150 newsletter of the office of management and policy and in a major daily newspaper in each affected planning area a list of all complete applications received under sub. (2) on or before the 20th day of the month following the month in which it declares the applications complete.(c)Beginning of review period. The review period for applications shall begin on the publication date of the list under either par. (a) or (b). (6) PUBLIC MEETING. Upon the request of any affected party, the department shall hold a public meeting within 60 days following publication of the list of complete applications submitted under sub.(1), (2), (3) or (3m). This meeting shall be used to elicit testimony from affected parties about applications under review. The department shall maintain minutes or another record of the testimony. All requests for a public meeting shall be received by the department within 10 days after publication of the list of complete applications. The public meeting shall be held prior to the initial finding by the department. (7) DEPARTMENT REVIEW AND INITIAL FINDING. (a)Review. The department shall review applications for their consistency with the criteria in s. DHS 122.07 and shall issue an initial finding to approve or reject an application within 75 days following publication of the complete applications list, unless an applicant asks for an extension or, in the case of competing applications, all applicants undergoing concurrent review agree to an extension or the review cycle is extended under sub. (8).(b)Initial finding. The department's initial finding shall be based upon a comparative analysis of all applications undergoing concurrent review using the criteria specified in s. DHS 122.07.(c)Initial finding: converted beds. The following provisions apply to initial findings on applications for conversions to an FDD under s. DHS 122.02(2) (a) and (c): 1. The department may issue approvals during 1987 only to applicants who file applications by June 2, 1987.2. The department may delay the effective dates of approval to permit a gradual phase-in of conversions.3. The department may issue an approval authorizing the applicant to reconvert all or some of the FDD beds to non-FDD nursing home beds without subsequent review and approval under this chapter if the reconversion meets both of the following requirements: a. The department receives at least 30 days notice of reconversion, if all beds to be reconverted are unoccupied, or a notice that the facility has complied with the requirements of s. 50.03(14) (c) to (e), Stats., if any bed to be reconverted is occupied; andb. Any partial reconversion results in a remaining FDD of at least 3 FDD beds which meets the provisions of s. DHS 122.07(1m) (c).(8) EXTENSION. The department may extend by 60 days the review cycle of all applications undergoing concurrent review under sub. (1), if it finds that completing reviews within the cycle specified in sub. (7) is not feasible due to the volume of applications received from any planning area. (9) REQUEST FOR HEARING. (a) An adversely affected applicant or HSA may file a written request for a public hearing under s. DHS 122.08 within 10 days after the date of the department's initial finding under sub. (7). A hearing request is filed when it is received by the department. If no request for a hearing is made, or if a request is received after the 10-day limit, the department's initial finding shall be the department's final decision. Except as provided in par. (b), a timely request for hearing from an applicant undergoing concurrent review shall preclude issuance of an approval for a competing concurrent application until a final decision is issued by the secretary or a designee. Hearings shall be held in the manner prescribed in s. DHS 122.08.(b) When an applicant for conversion to an FDD under s. DHS 122.02(2) (a) or (c) who has undergone concurrent review files a timely request for a hearing under s. DHS 122.08 on the initial finding, the department shall issue approvals for the competing concurrent applications that were initially approved but only for the number of beds that exceeds the number proposed by the applicant or applicants requesting a hearing. Approvals shall be issued in order beginning with the application which received the lowest score under s. DHS 122.07(2) (am).(10) EXPEDITED REVIEW. (a)Conditions for expedited review. An application submitted under sub. (2) is subject to the requirements of this subsection rather than subs. (4m) (b), (5) (b) and (c) and (6) to (9) if: 1. The project does not increase the bed capacity of or totally replace an existing nursing home and the project was developed pursuant to a department-approved plan of correction to remedy code-related physical plant deficiencies. Applications submitted to correct code violations shall provide evidence of the violations and approved plan of correction and shall not go beyond what is necessary to correct those deficiencies; or2. The application concerns a cost overrun on a previously approved project.(b)Timing of application. An application under par. (a) may be submitted at any time on forms prescribed by the department provided that at least 30 days notice has been given to the department of a person's intent to submit the application and the applicant has received written authorization from the department to submit the application. (c)Review period. Applications which are subject to this subsection shall be reviewed by the department within 60 days of receipt of a complete application.(d)Completeness.1. The department shall have 5 working days to determine if the application is complete and, if incomplete, to issue a request for additional information to the applicant. An incomplete application is one in which: a. The applicant has failed to provide requested information;b. The information is illegible or unreadable in the form submitted; orc. The application contains information contradicted or unjustified by other materials in the application.2. Applications that were originally declared incomplete shall be declared complete on the date of receipt of all additional information requested by the department.(e)Meeting: No public meeting is required on any project submitted under this subsection.(f)Department's initial finding. The department shall issue its initial finding to approve or reject the application within 60 days following receipt of a complete application. The initial finding shall be based on the criteria specified in s. DHS 122.07.(g)Hearing. An adversely affected applicant shall have 10 days after the date of the initial finding to file a written request for a public hearing to challenge the initial finding on an application. Public hearings shall be held in the manner specified in s. DHS 122.08. If no requests for a hearing are made or if they are received after the 10-day limit, the initial finding becomes the department's final action.Wis. Admin. Code Department of Health Services DHS 122.06
Cr. Register, March, 1985, No. 351, eff. 4-1-85; emerg. cr. (1) (c), eff. 1-1-87; emerg. cr. (1) (c), am. (9), eff. 5-31-87; cr. (1) (c), (7) (c) and (9) (b), am. (7) (a), renum. (9) to be (9) (a) and am., Register, October, 1987, No. 382, eff. 11-1-87; emerg. cr. (1) (d), eff. 10-1-88; emerg. cr. (1m) eff. 7-1-89; emerg. cr. (1r), eff. 9-21-90; am. (1) (a) 1. a. to d., (3), (4) (a), (b), (c) (intro.), (d) 1. intro., 2. and 5., (7) (a), (8), (9) (a), (10) (a) (intro.), (b) (d) 1. intro. and (10) (g), r. and recr. (2) and (10) (e), r. (6) (a) and (c), renum. (5) and (6) (b) to be (5) (a) and (6) and am., cr. (1) (c) 3. to 6., (4m), (5) (b) and (c), Register, January, 1991, No. 421, eff. 2-1-91; emerg. cr. (1) (d), eff. 5-11-93; cr. (1) (d), Register, January, 1994, No. 457, eff. 2-1-94; emerg. am. (2), (4) (a), (d) 1. (intro.) and 5., (5) (a), (6), cr. (3m), eff. 11-29-95; am. (2), (4) (a), (d) 1. (intro.), 5., (5) (a) and (6), cr. (3m), Register, May, 1996, No. 485, eff. 6-1-96; corrections in (1) (d) (intro.) made under s. 13.92(4) (b) 7, Stats., Register January 2009 No. 637.