Wisconsin Statutes
Wis. Stat. § 150.39 (2026)
Review criteria and standards
✓ current as of July 2026
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150.39150.39 Review criteria and standards. The department shall use the following criteria in reviewing each application under this subchapter, plus any additional criteria it develops by rule. The department shall consider cost containment as its first priority in applying these criteria, and shall consider the comments of affected parties. The department may not approve any project under this subchapter unless the applicant demonstrates:
150.39(1)(1) The medical assistance funds appropriated are sufficient to reimburse the applicant for providing the nursing home care.
150.39(2)(2) The cost of providing an equal number of nursing home beds or of an equal expansion would be consistent with the cost at similar nursing homes, and the applicant’s per diem rates would be consistent with those of similar nursing homes.
150.39(4)(4) A need for additional beds in the health planning area where the project would be located.
150.39(5)(5) The project is consistent with local plans for developing community-based services to provide long-term care.
150.39(6)(6) Health care personnel, capital and operating funds and other resources needed to provide the proposed services are available.
150.39(7)(7) The project can be undertaken within the period of validity of the approval and completed within a reasonable period thereafter.
150.39(8)(8) Appropriate methods alternative to providing nursing home care in the health planning area are unavailable.
150.39(10)(b)(b) Materials submitted by the applicant, including independent evaluations of performance in nursing homes owned or operated by the applicant and patient satisfaction surveys.
150.39(10)(c)(c) Recommendations from affected parties concerning the quality of care provided in nursing homes owned or operated by the applicant.
150.39(11)(11) For a project that would result in the relocation of nursing home beds, there are other adequate and appropriate resources available in the counties served by the nursing home to serve the nursing home residents who would be displaced by the relocation.
Notes of Decisions
Cited in 2
cases, 1989–1994 · leading case: Cox v. Wisconsin Dep't of Health & Soc. Servs., 517 N.W.2d 526 (Wis. Ct. App. 1994).
Cox v. Wisconsin Dep't of Health & Soc. Servs., 517 N.W.2d 526 (Wis. Ct. App. 1994). “At the public meeting, all affected parties who appear can present testimony and DHSS is required to keep minutes or some other record of the testimony and consider the record in determining whether an applicant 3 for *318 the available nursing home beds has fulfilled the…”
Nat'l Health Corp. v. South Carolina Dep't of Health & Env't Control, 380 S.E.2d 841 (S.C. Ct. App. 1989). “1985) (certificate of need criterion for nursing home bed addition of consideration of Medicaid agency plans); Wis. Stat. Ann. § 150.39 (West Supp. 1985) (nursing home project criteria of sufficient Medicaid funds appropriated to reimburse for care to be provided, and *384…”
— Wis. Stat. § 150.39(1) — 1 case
Cox v. Wisconsin Dep't of Health & Soc. Servs., 517 N.W.2d 526 (Wis. Ct. App. 1994). “At the public meeting, all affected parties who appear can present testimony and DHSS is required to keep minutes or some other record of the testimony and consider the record in determining whether an applicant 3 for *318 the available nursing home beds has fulfilled the…”
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