Wisconsin

Wisconsin

Wisconsin does not maintain a traditional CON program. Instead, it maintains an approval process similar to a CON program that applies mainly to nursing homes. For this reason, some have deemed Wisconsin a “quasi-CON” state. The state maintains approvals within three broad categories—beds outside hospitals, equipment and facilities. Wisconsin also maintains a moratorium prohibiting hospitals from increasing beds, even temporarily, anywhere in the state. Wis. Stat. § 150.93.

COVID-19 Response

As of May 15, 2020, Wisconsin had not suspended any approval requirements or moratoria in response to COVID-19.

Application Process

In Wisconsin, the approval process takes up to 135 days. Wis. Stat. § 150.35(3). Applications to increase beds at a facility can only be submitted within 60 days after the department publishes notice that beds are “available” because another facility closed. Wis. Stat. § 150.33(3). The fee for an approval application is equal to 0.37% of the estimated project cost, but no less than $1,850 and no more than $37,000. Wis. Stat. § 150.13.

Separately, Wisconsin maintains a certificate of public advantage program, which is a voluntary program between healthcare providers to share programs, services, personnel, facilities, etc. Wis. Stat. § 150.85(1), (2). Agreements are one way healthcare providers can add flexibility in an otherwise strictly regulated state. Although the agreements are made between healthcare providers, they must be approved by the Department. The Department of Health Services, which approves the agreements, may hold public meetings in certain circumstances upon request of an affected party before deciding whether to grant an application for public advantage. See Wis. Stat. §§ 150.35; 150.85.

CON? Number of CONs Moratoria Temporary COVID-19 response:
Hospital Beds No – 3 No action
Beds Outside Hospitals Yes 1 – No action
Equipment Yes 1 – No action
Facilities/ Buildings Yes 4 – No action
Services No – – –
Emergency Medical Transport No – – –

Note: these citations are accurate as of May 2020.

Wisconsin Approvals in Detail

Category

Moratoria/Type of Approval

Wis. Stat.

Hospital Beds

1.Moratorium on new hospital beds.

§ 150.93

2.Moratorium through July 1, 1996 on licensed psychiatric hospital beds.

3.Moratorium through July 1, 1996 on licensed chemical dependency hospital beds.

§ 150.95

Beds Outside Hospitals

1.Any increase in nursing home beds.

§ 150.21(2)

Equipment

1.Clinical equipment for a nursing home that costs more than $600,000.

§ 150.21(4)

Facilities/Buildings

1.The construction of a new nursing home regardless of cost.

§ 150.21(1)

2.The partial or total conversion of a nursing home to a facility primarily serving the developmentally disabled regardless of cost.

3.The partial or total conversion of a facility primarily serving the developmentally disabled to a nursing home.

§ 150.21(5)

4.A capital expenditure, other than a renovation or replacement, that exceeds $1 million on behalf of a nursing home.

§ 150.21(3)

Services

No CONs in this category.

Emergency Medical Transport

No CONs in this category.

Wisconsin Approval Exceptions

Approval Required For:

Wis. Stat.

1.A Wisconsin veterans home including an in home hospital operated by the State Department of Veterans Affairs.

§§ 150.46(1),

150.93 (5)

2.Noninstitutional residential facilities run by the Department of Health Services for persons who are relocated from any center for the developmentally disabled.

§§ 150.46(2),

46.047

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