647.04 Duties of providers. Each provider shall:

(1) Submit to the commissioner the fees required under s. 601.31 (1).

(2) Annually within 120 days after the close of the provider's fiscal year, submit to the commissioner audited financial statements for the provider's most recent fiscal year, including an income statement, a balance sheet and accompanying notes, all prepared in accordance with generally accepted accounting principles on a basis consistent with prior years.

(3) Submit a copy of the schedule of all entrance and other fees to the commissioner within 30 days after any change is made in the schedule.

(4) Submit a copy of the refund schedule to the commissioner within 30 days after any change is made in the schedule.

(5) Inform the commissioner of any change in the figure used by the provider as the actual or projected length of a resident's stay in the facility in the formula in the contract provision required under s. 647.05 (1m) (i) within 30 days after the change is made and submit supporting information showing how the change was determined.

(6) Make available to any resident or prospective resident, upon request, a copy of audited financial statements for the provider's most recent fiscal year, any examination reports on the provider prepared by the commissioner in the previous 12 months and a 5-year summary of the facility's entrance and other fee increases. If the facility has not been in operation for 5 years, the provider shall make available a summary of the fee increases for the years in which the facility has been operating and a summary of projected entrance and other fee increases for the next years so that there is a summary available spanning a 5-year period.

(7) Establish and use an internal grievance procedure for grievances between the provider and residents of his or her facility. The provider shall submit a copy of the grievance procedure to the commissioner for approval and shall at least annually inform each resident of the grievance procedure. Each grievance procedure shall, at minimum, provide for all of the following:

(a) The opportunity for any resident to submit a written grievance in any form.

(b) Prompt investigation of the grievance and its cause, and a hearing in situations in which one is needed.

(c) Participation in the procedure by one or more individuals who are authorized by the provider to take corrective action.

(d) Participation in the procedure by one or more residents in addition to the resident who submitted the grievance.

(dm) Participation by residents in the establishment of and the vote to elect members of a grievance panel that shall consist entirely of residents of the facility, shall present grievances on behalf of a resident to the facility's staff or administrator, to public officials or to any other person without fear of reprisal, and that shall join with other residents or individuals within or outside of the facility to work for improvements in resident care.

(e) Notification to the resident who submitted the grievance of the disposition of his or her grievance and any corrective action that was ordered.

(8) Inform the commissioner of any proposed transfer of property if the total amount that would be transferred during any 12-month period exceeds 10 percent of the provider's assets.

(9) Comply with all applicable rules promulgated by the commissioner.

History: 1983 a. 358; 1985 a. 29; 1989 a. 359; 2007 a. 20.