reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter VI - Services › Section DHS 132.695 - Special requirements for facilities serving persons who are developmentally disabled

Current through June 24, 2024
(1) SCOPE. The requirements in this section
				  apply to all facilities that serve persons who are developmentally
				  disabled.
(2) DEFINITIONS. In this
				  section:
(a) "Active treatment" means an
				  ongoing, organized effort to help each resident attain or maintain his or her
				  developmental capacity through the resident's regular participation, in
				  accordance with an individualized plan, in a program of activities designed to
				  enable the resident to attain or maintain the optimal physical, intellectual,
				  social and vocational levels of functioning of which he or she is
				  capable.
(b) "Interdisciplinary
				  team" means the persons employed by a facility or under contract to a facility
				  who are responsible for planning the program and delivering the services
				  relevant to a developmentally disabled resident's care needs.
(c) "IPP" or "individual program plan" means
				  a written statement of the services which are to be provided to a resident
				  based on an interdisciplinary assessment of the individual's developmental
				  needs, expressed in behavioral terms, the primary purpose of which is to
				  provide a framework for the integration of all the programs, services and
				  activities received by the resident and to serve as a comprehensive written
				  record of the resident's developmental progress.
(d) "QIDP" or "qualified intellectual
				  disabilities professional" means a person who has specialized training in
				  intellectual disabilities or at least one year of experience in treating or
				  working with individuals with intellectual disabilities and is one of the
				  following:
1. A psychologist licensed under
				  ch. 455, Stats.;
2. A
				  physician;
3. A social worker with
				  a graduate degree from a school of social work accredited or approved by the
				  council on social work education or with a bachelor's degree in social work
				  from a college or university accredited or approved by the council on social
				  work education.
4. A physical or
				  occupational therapist who meets the requirements of s.
				  DHS
				  105.27 or 105.28;
5. A speech pathologist or audiologist who
				  meets the requirements of s.
				  DHS 105.30 or
				  105.31;
6. A registered
				  nurse;
7. A therapeutic recreation
				  specialist who is a graduate of an accredited program or who has a bachelor's
				  degree in a specialty area such as art, dance, music, physical education or
				  recreation therapy; or
8. A human
				  services professional who has a bachelor's degree in a human services field
				  other than a field under subds. 1. to 7., such as rehabilitation counseling,
				  special education or sociology.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter VI - Services › Section DHS 132.70 - Special requirements when persons are admitted for short-term care

Current through June 24, 2024
(1) SCOPE. A
				  facility may admit persons for short-term care. A facility that admits persons
				  for short-term care may use the procedures included in this section rather than
				  the procedures included in ss.
				  DHS
				  132.52 and 132.60(8). Short-term care is for either
				  respite or recuperative purposes. The requirements in this section apply to all
				  facilities that admit persons for short-term care when they admit, evaluate or
				  provide care for these persons. Except as specified in this section, all
				  requirements of this chapter, including s.
				  DHS
				  132.51, apply to all facilities that admit persons for
				  short-term care.
(2) PROCEDURES FOR
				  ADMISSION.
Respite care.
For a person admitted to a facility
				  for respite care, the following admission and resident care planning procedures
				  may be carried out in place of the requirements under ss.
				  DHS
				  132.52 and 132.60(8):
(a) A registered nurse or physician shall
				  complete a comprehensive resident assessment of the person prior to or on the
				  day of admission. This comprehensive assessment shall include evaluation of the
				  person's medical, nursing, dietary, rehabilitative, pharmaceutical, dental,
				  social and activity needs. The consulting or staff pharmacist shall participate
				  in the comprehensive assessment. As part of the comprehensive assessment, when
				  the registered nurse or physician has identified a need for a special service,
				  staff from the discipline that provides the service shall, on referral from the
				  registered nurse or physician, complete a history and assessment of the
				  person's prior health and care in that discipline. The comprehensive resident
				  assessment shall include:
1. A summary of the
				  major needs of the person and of the care to be provided;
2. The attending physician's plans for
				  discharge.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter VII - Physical Environment › Section DHS 132.71 - Furniture, equipment and supplies

Current through June 24, 2024
(1) FURNITURE IN
				  RESIDENT CARE AREAS.
(b)
Bedding.
1. Each resident
				  shall be provided at least one clean, comfortable pillow. Additional pillows
				  shall be provided if requested by the resident or required by the resident's
				  condition.
2. Each bed shall have a
				  mattress pad.
3. A moisture-proof
				  mattress cover and pillow cover shall be provided to keep each mattress and
				  pillow clean and dry.
4.
a. A supply of sheets and pillow cases
				  sufficient to keep beds clean, dry, and odor-free shall be stocked. At least 2
				  sheets and 2 pillow cases shall be furnished to each resident each
				  week.
b. Beds occupied by bedfast
				  or incontinent residents shall be provided draw sheets.
6. Each bed shall have a clean, washable
				  bedspread.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter VII - Physical Environment › Section DHS 132.72 - Housekeeping services

Current through June 24, 2024
(1) REQUIREMENT. Facilities shall develop and
				  implement written policies that ensure a safe and sanitary environment for
				  personnel and residents at all times.
(2) CLEANING.
(e)
Combustibles in storage
				  areas.
Attics, cellars and other storage areas shall be kept safe and
				  free from dangerous accumulations of combustible materials. Combustibles such
				  as cleaning rags and compounds shall be kept in closed metal
				  containers.
(f)
Grounds.
The grounds shall be kept free from refuse, litter,
				  and waste water. Areas around buildings, sidewalks, gardens, and patios shall
				  be kept clear of dense undergrowth.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter VIII - Life Safety, Design and Construction › Section DHS 132.81 - Scope and definitions

Current through June 24, 2024
(1) APPLICATION. This subchapter applies to
				  all facilities except where noted. Wherever the rules in ss.
				  DHS 132.83 and
				  132.84 modify the applicable life safety code under s.
				  DHS
				  132.82, these rules shall take precedence.
(2) DEFINITIONS. The definitions in the
				  applicable life safety code required under s.
				  DHS
				  132.82 apply to this subchapter. In addition, in this
				  subchapter:
(a) "Life safety code" means the
				  National Fire Protection Association's standard 101.
(b) "Period A facility" means a facility or a
				  portion of a facility which before July 1, 1964, was either licensed as a
				  nursing home or had the plans approved by the department; a county home or
				  county mental hospital approved under former ch. PW 1 or 2 before July 1, 1964,
				  which is to be converted to nursing home use; a hospital approved under ch. DHS
				  124 before July 1, 1964, which is to be converted to nursing home use; or any
				  other recognized inpatient care facility in operation before July 1, 1964, to
				  be converted to nursing home use.
(c) "Period B facility" means a facility or a
				  portion of a facility the plans for which were approved by the department on or
				  after July 1, 1964, but no later than December 1, 1974; a county home or county
				  mental hospital approved under former ch. PW 1 or 2, on or after July 1, 1964,
				  but no later than December 1, 1974, which is to be converted for nursing home
				  use; or any other recognized inpatient care facility in operation on or after
				  July 1, 1964, but no later than December 1, 1974, which is to be converted to
				  nursing home use.
(d) "Period C
				  facility" means a facility, the plans for which were approved by the department
				  after December 1, 1974, including new additions to existing licensed facilities
				  and major remodeling and alterations.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter VIII - Life Safety, Design and Construction › Section DHS 132.812 - Review for compliance with this chapter and the state building code

Current through June 24, 2024
(1) The
				  department shall review nursing home construction and remodeling plans for
				  compliance with this chapter and for compliance with the state commercial
				  building code, chs.
				  SPS
				  361 to 365, with the exception of s.
				  SPS
				  361.31(3). Where chs.
				  SPS
				  361 to 365 refer to the department of safety and
				  professional services, those rules shall be deemed for purposes of review under
				  this chapter to refer to the department of health services.
(2) The department shall have 45 working days
				  from receipt of an application for plan review and all required forms, fees,
				  plans and documents to complete the review and approve, approve with conditions
				  or deny approval for the plan.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter VIII - Life Safety, Design and Construction › Section DHS 132.82 - Life safety code

Current through June 24, 2024
(1) APPLICABILITY. Facilities shall meet the
				  applicable provisions of the 2012 edition of the Life Safety Code.
Note:
Copies of the 2012 Life Safety Code and
					 related codes are on file in the Department's Division of Quality Assurance and
					 the Legislative Reference Bureau, and may be obtained from the National Fire
					 Protection Association, 1 Batterymarch Park, Quincy, MA 02169.
(2) FIRE SAFETY EVALUATION SYSTEM. A proposed
				  or existing facility not meeting all requirements of the applicable life safety
				  code shall be considered in compliance if it achieves a passing score on the
				  Fire Safety Evaluation System (FSES), developed by the United States department
				  of commerce, national bureau of standards, to establish safety equivalencies
				  under the life safety code.
(3)
				  RESIDENT SAFETY AND DISASTER PLAN.
(a)
Disaster plan.
1. Each
				  facility shall have a written procedure which shall be followed in case of fire
				  or other disasters, and which shall specify persons to be notified, locations
				  of alarm signals and fire extinguishers, evacuation routes, procedures for
				  evacuating helpless residents, frequency of fire drills, and assignment of
				  specific tasks and responsibilities to the personnel of each shift and each
				  discipline.
2. The plan shall be
				  developed with the assistance of qualified fire and safety experts, including
				  the local fire authority.
3. All
				  employees shall be oriented to this plan and trained to perform assigned
				  tasks.
4. The plan shall be
				  available at each nursing station.
5. The plan shall include a diagram of the
				  immediate floor area showing the exits, fire alarm stations, evacuation routes,
				  and locations of fire extinguishers. The diagram shall be posted in conspicuous
				  locations in the corridor throughout the facility.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter VIII - Life Safety, Design and Construction › Section DHS 132.83 - Safety and systems

Current through June 24, 2024
(1) MAINTENANCE. The building shall be
				  maintained in good repair and kept free of hazards such as those created by any
				  damaged or defective building equipment.
(3) DOORS.
(d)
Toilet room doors.
In
				  period B and C facilities, resident toilet room doors shall be not less than 3
				  feet 0 inches by 6 feet 8 inches, and shall not swing into the toilet room
				  unless they are provided with two-way hardware.
(e)
Thresholds.
In period B
				  and C facilities, raised thresholds which cannot be traversed easily by a bed
				  on wheels, a wheelchair, a drug cart, or other equipment on wheels shall not be
				  used.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter VIII - Life Safety, Design and Construction › Section DHS 132.84 - Design

Current through June 24, 2024
(1) RESIDENTS' ROOMS.
(a)
Assignment of residents.
Sexes shall be separated by means of separate wings, floors, or rooms, except
				  in accordance with s.
				  50.09(1)
				  (f) 1, Stats.
(b)
Location.
No bedroom
				  housing a resident shall open directly to a kitchen or laundry.
(g)
Bed arrangement.
The
				  beds shall be arranged so that the beds shall be at least 3 feet apart and a
				  clear aisle space of at least 3 feet from the entrance to the room to each bed
				  shall be provided.
(h)
Closet space.
A closet or locker shall be provided for each
				  resident in each bedroom. Closets or lockers shall afford a space of not less
				  than 15 inches wide by 18 inches deep by 5 feet in height for each resident
				  bed.
(i)
Cubicle
				  curtains.
1. In period A and B
				  facilities, each bed in a multiple-bed room shall have a flameproof cubicle
				  curtain or an equivalent divider that will assure resident privacy.
2. In period C facilities, each bed in a
				  multiple-bed room shall be provided with a flameproof cubicle curtain to
				  enclose each bed and to assure privacy.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 133 - Home Health Agencies › Section DHS 133.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of s.
				  50.49(2),
				  Stats. The chapter establishes minimum standards for the care, treatment,
				  health, safety, welfare, and comfort of patients by home health agencies and
				  for the maintenance and operation of home health agencies which, in the light
				  of advancing knowledge, will promote safe and adequate care and treatment of
				  such patients by home health agencies.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 133 - Home Health Agencies › Section DHS 133.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)"Advanced practice nurse" has the meaning
				given in s. N 8.02 (1).
(1e)"Advanced practice nurse prescriber" has
				the meaning given in s. N 8.02 (2).
(1m)"Branch office" means a location or site
				from which a home health agency provides services within a portion of the total
				geographic area served by the home health agency.
(1s)"Caregiver" has the meaning given in s.
				50.065(1)
				(ag), Stats.
(2)"Department" means the Wisconsin
				department of health services.
(3)"Home health agency" has the meaning given
				in s.
				50.49(1)
				(a), Stats.
(4)"Home health aide" means an individual
				whose name is on the registry and who is eligible for employment in a home
				health agency, and who is employed by or under contract to a home health agency
				to provide home health aide services under supervision of a registered
				nurse.
(5)"Home health aide
				services" means personal care services which will facilitate the patient's
				self-care at home and are necessary to prevent or postpone
				institutionalization, but do not require performance by a registered nurse or
				licensed practical nurse.
(5g)"Home
				health services" has the meaning given in s.
				50.49(1)
				(b), Stats.
(5m)"Legal representative" means a person who
				is any of the following:
(a) A guardian as
				defined under s.
				54.01(10),
				Stats.
(b) A person appointed as a
				health care agent under an activated power of attorney for health care under
				ch. 155, Stats.
(c) A person
				appointed as an agent to make health care decisions under a durable power of
				attorney under s. 243.07, 1989 Stats., executed on or before April 28,
				1990.
(d) A parent of a
				minor.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 133 - Home Health Agencies › Section DHS 133.04 - Inspections

Current through June 24, 2024
(1) REGULAR SURVEYS. The department may make
				any inspections and investigations it considers necessary, including review of
				clinical and administrative records, subject only to restrictions of
				law.
(2) COMPLAINTS. The department
				may investigate any complaints received by it concerning the operation or
				services of a home health agency.
Note: A complaint may be filed by writing the Bureau of
				  Health Services, Division of Quality Assurance, P.O. Box 2969, Madison,
				  Wisconsin 53701-2969 or by calling the Wisconsin Home Health Hotline toll free
				  at 1-800-642-6552.
(3)
				PATIENT VISITS. The department may contact patients of a home health agency as
				part of an inspection or investigation. A licensee shall provide the department
				a list of names, addresses and other identifying information of current and
				past patients as may be requested. The department may select the names of the
				patients to be visited and may visit these patients with their
				approval.
(4) ENFORCEMENT.
(a)
Statement of deficiency.
Upon determining that a home health agency is in violation of any requirement
				of this chapter, the department shall promptly serve a statement of deficiency
				upon the administrator or other designated representative of the home health
				agency. The statement of deficiency shall specify the rule violated and state
				the facts that constitute the violation.
(b)
Plan of correction.
1. Within 10 working days of receipt of the
				statement of deficiency, the home health agency shall submit a plan of
				correction to the department for approval detailing how the agency will correct
				the violation or how the agency has corrected the violation. The department may
				require that a plan of correction be submitted for approval within a shorter
				specified time for violations the department determines may be harmful to the
				health, safety, welfare, or rights of patients.
2. The department may require the home health
				agency to modify the proposed plan of correction before the department approves
				the plan of correction.
3. The
				department may require a licensee to implement and comply with a plan of
				correction that is developed by the department.
4. The department shall verify that the home
				health agency has completed the plan of correction submitted or imposed in par.
				(b).
(c)
Penalties.
The department may impose any of the following
				penalties for a violation of a requirement of this chapter:
1. Suspend admissions of new patients until
				the department has verified that the home health agency has completed the plan
				of correction under par. (b).
2.
				Place conditions on the license.
3.
				Revoke the license as specified in s.
				DHS
				133.03(7).
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 133 - Home Health Agencies › Section DHS 133.05 - Governance

Current through June 24, 2024
(1) GOVERNING BODY. Each home health agency
				shall have a governing body which shall:
(a)
				Adopt governing policies in the form of by-laws, charter, written policies or
				other official means;
(b) Adopt a
				statement detailing the services to be provided;
(c) Oversee the management of the
				agency;
(d) Appoint an
				administrator; and
(e) Provide for
				a qualified substitute administrator to act in absence of the
				administrator.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 133 - Home Health Agencies › Section DHS 133.06 - Administration

Current through June 24, 2024
(1) ADMINISTRATOR. The home health agency
				shall be administered by an administrator who shall be a licensed physician, a
				registered nurse, or a person who has had training and experience in health
				care administration and at least one year of supervisory or administrative
				experience in home health care or related health programs.
(2) DUTIES OF THE ADMINISTRATOR. The
				administrator shall:
(a) Be knowledgeable
				about this chapter, and shall take all reasonable steps to ensure compliance of
				the agency with the requirements of this chapter;
(b) Administer the entire home health
				services of the agency; and
(c)
				Cooperate with the department in investigating compliance with this
				chapter.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 133 - Home Health Agencies › Section DHS 133.07 - Evaluation

Current through June 24, 2024
(1) REQUIREMENT. An evaluation of the home
				health agency's total program shall be conducted at least once a year by the
				advisory group required by s.
				DHS
				133.05(2), home health agency staff
				and consumers.
(2) METHOD OF
				EVALUATION. The agency shall establish methods to determine whether the
				established programs and service policies are effective and whether service
				policies and procedures are substantially followed by agency staff. These
				methods shall include a review of a sample of patient records to determine
				whether services are being provided appropriately and the extent to which the
				needs of patients are met.
(3)
				REPORTS. Results of the evaluations shall be recorded in writing and reported
				to those responsible for the operation of the agency.
(4) MANAGEMENT REVIEW. The agency shall
				periodically review its policies and administrative practices to determine the
				extent to which they promote appropriate, adequate, effective and efficient
				patient care.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 133 - Home Health Agencies › Section DHS 133.08 - Patient rights

Current through June 24, 2024
(1) SERVICE APPLICANT. The home health agency
				shall promptly determine the applicant's suitability for services and, if the
				applicant is accepted, shall promptly provide services to the individual. If
				the applicant is found unsuitable for acceptance, the agency shall inform the
				applicant of other service providers in the area.
(2) POLICIES. The home health agency shall
				provide the patient with a written notice of the patient's rights in advance of
				furnishing care to the patient or during the initial evaluation visit before
				the initiation of treatment. Each patient receiving care from the agency shall
				have all of the following rights:
(a) To be
				fully informed, as evidenced by home health agency documentation, of all rules
				and regulations governing patient responsibilities;
(b) To be fully informed, prior to or at the
				time of admission, of services available from the agency and of related
				charges, including any charges for services for which the patient or a private
				insurer may be responsible;
(c) To
				be informed of all changes in services and charges as they occur;
(d) To be fully informed of one's own health
				condition, unless medically contraindicated, and to be afforded the opportunity
				to participate in the planning of the home health services, including referral
				to health care institutions or other agencies, and to refuse to participate in
				experimental research;
(e) To
				refuse treatment to the extent permitted by law and to be informed of the
				medical consequences of such refusal;
(f) To confidential treatment of personal and
				medical records and to approve or refuse their release to any individual
				outside the agency, except in the case of transfer to another health facility,
				or as required by law or third-party payment contract;
(g) To be treated with consideration, respect
				and full recognition of dignity and individuality, including privacy in
				treatment and in care for personal needs; and
(h) To be taught, and have the family taught,
				the treatment required, so that the patient can, to the extent possible, help
				himself or herself, and the family or other party designated by the patient can
				understand and help the patient.
(i) To exercise his or her rights as a
				patient of the home health agency;
(j) To have the patient's family or legal
				representative exercise the patient's rights when the patient has been judged
				incompetent by a court of law.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 133 - Home Health Agencies › Section DHS 133.10 - Services provided

Current through June 24, 2024
(1) REQUIRED SERVICES. The home health agency
				shall directly provide or arrange for at least part-time or intermittent
				nursing services and provide or arrange for home health aide
				services.
(2) OPTIONAL SERVICES. In
				addition to the services required under sub. (1), the agency may provide
				therapeutic services including, but not limited to, physical therapy, speech
				therapy, occupational therapy and medical social services.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 133 - Home Health Agencies › Section DHS 133.11 - Referrals

Current through June 24, 2024
When patients have needs which the home health agency cannot
				  meet, the home health agency shall refer these patients to other agencies,
				  social service organizations, or governmental units which are appropriate for
				  unmet needs of the patients and which may be of assistance in meeting those
				  needs. Referrals shall include referrals to meet the needs of patients for
				  services at times before and after the normal business hours of the home health
				  agency.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 133 - Home Health Agencies › Section DHS 133.13 - Emergency notification

Current through June 24, 2024
Home health agency personnel shall promptly notify a
				  patient's physician, advanced practice nurse prescriber, physician assistant,
				  or other appropriate medical personnel and guardian, if any, of any significant
				  changes observed or reported in the patient's condition.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 133 - Home Health Agencies › Section DHS 133.14 - Skilled nursing services

Current through June 24, 2024
(1) PROVISION OF
				SERVICES. Skilled nursing services shall be provided by or under the
				supervision of a registered nurse.
(2) DUTIES OF THE REGISTERED NURSE. The
				registered nurse shall:
(a) Make the initial
				evaluation visit to the patient.
(b) Regularly reevaluate the patient's
				needs.
(c) Initiate the plan of
				care and necessary revisions.
(d)
				Provide those services requiring substantial specialized care.
(e) Initiate appropriate preventive and
				rehabilitative procedures.
(f)
				Prepare clinical and progress notes.
(g) Promptly inform either the physician,
				advanced practice nurse prescriber, or physician assistant, as well as other
				personnel participating in the patient's care of changes in the patient's
				condition and needs.
(h) Arrange
				for counseling the patient and family in meeting related needs.
(i) Participate in inservice programs for
				agency staff.
(j) Supervise and
				teach other personnel.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 133 - Home Health Agencies › Section DHS 133.15 - Therapy services

Current through June 24, 2024
(1) PROVISION OF SERVICES. Physical therapy,
				occupational therapy, speech therapy, and other therapy services provided
				directly by the home health agency or arranged for under s.
				DHS
				133.19, shall be given in accordance with the plan of
				care developed under s.
				DHS
				133.20. Individuals providing these services shall
				perform the duties under s.
				DHS 133.14(2) (a), (c),
				(f), (h) and (i).
(2) PHYSICAL THERAPY. If offered, physical
				therapy shall be provided by a physical therapist or by a qualified therapy
				assistant under the supervision of a qualified physical therapist.
(3) OCCUPATIONAL THERAPY. If offered,
				occupational therapy shall be provided by an occupational therapist or by a
				qualified therapy assistant under the supervision of a qualified occupational
				therapist.
(4) SPEECH THERAPY. If
				offered, speech therapy shall be provided by a speech pathologist or
				audiologist.
(5) OTHER THERAPIES.
				Therapies other than those under subs. (2), (3) and (4), shall be provided by
				persons qualified by training or by being licensed to perform the
				services.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 133 - Home Health Agencies › Section DHS 133.16 - Medical social services

Current through June 24, 2024
If offered, medical social services shall be provided by a
				  social worker in accordance with the plan of care developed under s.
				  DHS
				  133.20. Individuals providing these services shall
				  perform the duties under s.
				  DHS 133.14(2) (c), (f),
				  (h) and (i).
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 133 - Home Health Agencies › Section DHS 133.17 - Home health aide services

Current through June 24, 2024
(1) PROVISION OF
				SERVICES. When a home health agency provides or arranges for home health aide
				services, the services shall be given in accordance with the plan of care
				provided for under s.
				DHS
				133.20, and shall be supervised by a registered nurse
				or, when appropriate, by a therapist.
(2) DUTIES. Home health aide services may
				include, but are not limited to:
(a) Assisting
				patients with care of mouth, skin and hair, and bathing;
(b) Assisting patients into and out of bed
				and assisting with ambulation;
(c)
				Assisting with prescribed exercises which patients and home health aides have
				been taught by appropriate health personnel;
(d) Preparing meals and assisting patients
				with eating;
(e) Household services
				essential to health care at home;
(f) Assisting patients to bathroom or in
				using bedpan;
(g) Assisting
				patients with self-administration of medications;
(h) Reporting changes in the patient's
				condition and needs; and
(i)
				Completing appropriate records.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 133 - Home Health Agencies › Section DHS 133.18 - Supervisory visits

Current through June 24, 2024
(1) If a patient receives skilled nursing
				care, a registered nurse shall make a supervisory visit to each patient's
				residence at least every 2 weeks. The visit may be made when the home health
				aide is present or when the home health aide is absent. If the patient is not
				receiving skilled nursing care, but is receiving another skilled service, the
				supervisory visit may be provided by the appropriate therapist providing a
				skilled service.
(2) If home health
				aide services are provided to a patient who is not receiving skilled nursing
				care, or physical, occupational or speech-language therapy, the registered
				nurse shall make a supervisory visit to the patient's residence, when the home
				health aide is present or when the home health aide is absent, at least every
				60 days to observe or assist, to assess relationships, and to determine whether
				goals are being met and whether home health services continue to be
				required.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 133 - Home Health Agencies › Section DHS 133.19 - Services under contract

Current through June 24, 2024
(1) TERMS. A
				written contract shall be required for health care services purchased on an
				hourly or per visit basis or by arrangement with another provider. The contract
				shall contain:
(a) A statement that patients
				are accepted for care only by the primary home health agency;
(b) A list of services to be
				provided;
(c) Agreement to conform
				to all applicable agency policies including personnel qualifications;
(d) A statement about the contractor's
				responsibility for participating in developing plans of treatment;
(e) A statement concerning the manner in
				which services will be controlled, coordinated and evaluated by the primary
				agency; and
(f) Procedures for
				submitting clinical and progress notes, scheduling visits, and undertaking
				periodic patient evaluation.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 133 - Home Health Agencies › Section DHS 133.20 - Plan of care

Current through June 24, 2024
(1) REQUIREMENT. A plan of care, including
				physician's, advanced practice nurse prescriber's, or physician assistant's
				orders, shall be established for every patient accepted for care and shall be
				incorporated in the patient's medical record. An initial plan shall be
				developed within 72 hours of acceptance. The total plan of care shall be
				developed in consultation with the patient, home health agency staff,
				contractual providers, and the patient's physician, advanced practice nurse
				prescriber, or physician assistant and shall be signed and dated by the
				physician, advanced practice nurse prescriber, or physician assistant within 20
				working days following the patient's admission for care.
(2) CONTENTS OF PLAN. Each plan developed
				under sub. (1) shall include:
(a) Measurable
				time-specific goals, with benchmark dates for review; and
(b) The methods for delivering needed care,
				and an indication of which professional disciplines are responsible for
				delivering the care.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 133 - Home Health Agencies › Section DHS 133.21 - Medical records

Current through June 24, 2024
(1) REQUIREMENT. A medical record shall be
				maintained on each patient and shall be completely and accurately documented,
				systematically organized and readily accessible to authorized
				personnel.
(2) SECURITY. Medical
				record information shall be safeguarded against loss, destruction or
				unauthorized use. Written procedures shall be established to control use and
				removal of records and to identify conditions for release of information.
Note:
For information regarding confidentiality
				  of patient health care records, see s.
				  146.82,
				  Stats.
(3) RETENTION. For
				the purposes of this chapter medical records shall be retained for a minimum of
				5 years following discharge. Arrangements shall be made for the storage and
				safekeeping of records if the agency goes out of business.
(4) TRANSFER. If a patient is transferred to
				another health facility or agency, a copy of the record or summary of the
				record shall be provided to the receiving agency or facility.
(5) CONTENT. The medical record shall
				document the patient's condition, problems, progress and services rendered, and
				shall include:
(a) Patient identification
				information.
(b) Appropriate
				hospital information (discharge summary, diagnosis, current patient status,
				post-discharge plan of care).
(c)
				Patient evaluation and assessment.
(d) Plan of care.
(e) Physician's, advanced practice nurse
				prescriber's, or physician assistant's orders.
(f) Medication list and documentation of
				patient instructions.
(g) Progress
				notes, as frequently as necessary to document patient status and services
				provided.
(h) Summaries of reviews
				of the plan of care.
(i) Discharge
				summary, completed within 30 days following discharge.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter I - General › Section DHS 134.11 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of s.
					 50.02(2) and
					 (3), Stats., to provide conditions of
					 licensure for facilities that primarily serve people with developmental
					 disabilities who require active treatment. This chapter is intended to protect
					 and promote the health, safety and well-being of residents of these
					 facilities.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter I - General › Section DHS 134.12 - Scope

Current through June 24, 2024
(1) APPLICABILITY. All facilities that
				  provide care primarily for people with developmental disabilities who require
				  active treatment, including facilities owned and operated by the state, a
				  county, a municipality or another public body, are subject to this
				  chapter.
(2) CUMULATIVE RIGHTS. The
				  rights and safeguards provided by these rules are cumulative and may not be
				  construed as restricting any right or safeguard provided for any resident by
				  ch. 50, 51, 54, or 55, Stats., or any other applicable statute or
				  rule.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter I - General › Section DHS 134.13 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Abuse" has the meaning specified under
				  s.
				  DHS
				  13.03(1).
(2) "Active treatment" means an ongoing,
				  aggressive and consistently applied program of training and treatment services
				  to allow the client to function as independently as possible and maintain his
				  or her maximum functional abilities.
(3) "ADL" or "activities of daily living"
				  means personal skills essential for privacy and independence including toilet
				  training, personal hygiene, self feeding, bathing, dressing, grooming and
				  communication of basic needs.
(4)
				  "Administrator" means a person who is licensed under ch. 456, Stats., and who
				  is responsible for the total operation of the facility.
(4m) "Advanced practice nurse prescriber"
				  means a person who has been granted a certificate to issue prescription orders
				  under s.
				  441.16(2),
				  Stats.
(5) "Ambulatory" means able
				  to walk independently or with limited assistance from a person or equipment,
				  such as a walker or cane.
(6)
				  "Behavior management" means a method used to establish, alter, maintain or
				  eliminate specified behaviors by providing reinforcement that increases the
				  strength of appropriate behaviors and decreases the strength of inappropriate
				  behaviors.
(7) "Center for the
				  developmentally disabled" means a department-operated residential institution
				  for the care of people with developmental disabilities.
Note:
There are 3 state centers for people
					 with developmental disabilities in Wisconsin: Central Center, Northern Center
					 and Southern Center.
(8)
				  "Department" means the Wisconsin department of health services.
(9) "Developmental disability" means
				  intellectual disability or a related condition such as cerebral palsy, epilepsy
				  or autism, but excluding mental illness and infirmities of aging, which is:
(a) Manifested before the individual reaches
				  age 22;
(b) Likely to continue
				  indefinitely; and
(c) Results in
				  substantial functional limitations in 3 or more of the following areas of major
				  life activity:
1. Self-care;
2. Understanding and use of
				  language;
3. Learning;
4. Mobility;
5. Self-direction; and
6. Capacity for independent living.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter I - General › Section DHS 134.14 - Licensure

Current through June 24, 2024
(1) APPLICATION. Application for a license to
				  operate an FDD shall be made on a form provided by the department.
Note: To obtain a copy of the application form for a
					 license to operate an FDD, write: Division of Quality Assurance, P.O. Box 2969,
					 Madison, Wisconsin 53701-2969.
(2) RESTRICTIONS.
(a) A new FDD may not have more than 16
				  residents, except that:
1. A center serving
				  people with developmental disabilities may have more than 16 residents;
				  and
2. A home licensed under ch.
				  DHS 132 on July 1, 1988 which under ch. DHS 122 has converted or converts all
				  of a building or a physically identifiable distinct part of a building to be an
				  FDD may have a capacity that is equal to the total number of beds approved
				  under s.
				  DHS
				  122.07(2).
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter I - General › Section DHS 134.15 - Waivers and variances

Current through June 24, 2024
(1) DEFINITIONS. In this section:
(a) "Variance" means the approval of an
				  alternate requirement in place of a requirement of this chapter.
(b) "Waiver" means the granting of an
				  exemption from a requirement of this chapter.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter II - Residents' Rights and Protections › Section DHS 134.31 - Rights of residents

Current through June 24, 2024
(1) FACILITY OBLIGATIONS. All facilities
				  shall comply with the requirements governing residents' rights enumerated in s.
				  50.09,
				  Stats., and this chapter. Facilities shall have written policies and procedures
				  to ensure that staff recognize that residents have these rights, and that staff
				  respect and enforce these rights. The written policies and procedures shall
				  encourage residents to exercise their rights on their own behalf whenever
				  practicable.
(2) DELEGATION OF
				  RIGHTS AND RESPONSIBILITIES. Each facility shall have written policies and
				  procedures that provide that:
(a) If a
				  resident is adjudicated incompetent under ch. 54, Stats., all rights and
				  responsibilities of the resident which the resident is not competent to
				  exercise pass to the resident's guardian pursuant to s.
				  50.09(3),
				  Stats., except as otherwise provided by law; and
(b) If there has been no adjudication of
				  incompetency but the resident requires assistance in understanding or
				  exercising his or her rights, that assistance is provided to the resident to
				  the extent necessary for the resident to receive the benefits of this section,
				  including involvement of the next of kin or sponsoring agency and notification
				  of the appropriate county agency if there is need for guardianship.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter II - Residents' Rights and Protections › Section DHS 134.32 - Community organization access

Current through June 24, 2024
(1) ACCESS.
(a)
Definition.
In this
				  section, "access" means the right of a community organization to:
1. Enter any facility;
2. Ask a resident's permission to communicate
				  privately and without restriction with the resident;
3. Communicate privately and without
				  restriction with any resident who does not object; and
4. Inspect the health care, treatment and
				  other records of a resident if permitted under ss.
				  51.30 and
				  146.81
				  to
				  146.83,
				  Stats. Access does not include the right to examine the business records of the
				  facility without the consent of the administrator or designee.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter II - Residents' Rights and Protections › Section DHS 134.33 - Housing residents in locked units

Current through June 24, 2024
(1) DEFINITIONS. In
				  this section:
(a) "Consent" means a written,
				  signed request given without duress by a resident capable of understanding the
				  nature of the locked unit, the circumstances of his or her condition and the
				  meaning of the consent to be given and that consent may be withdrawn at any
				  time.
(b) "Locked unit" means a
				  ward, wing or room which is designated as a protective environment and is
				  secured in a manner that prevents a resident from leaving the unit at will. A
				  physical restraint applied to the body is not a locked unit. A facility locked
				  for purposes of security is not a locked unit, provided that residents may exit
				  at will.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 134 - Facilities Serving People With Developmental Disabilities › Subchapter III - Management › Section DHS 134.41 - Administrator

Current through June 24, 2024
(1) ADMINISTRATOR'S RESPONSIBILITY. The
				  administrator is responsible for the total operation of the facility and shall
				  provide the supervision necessary to ensure that the residents receive proper
				  care and treatment, that their health and safety are protected and promoted and
				  that their rights are respected.
(2) FULL-TIME ADMINISTRATOR. Every facility
				  shall be supervised by a full-time administrator licensed under ch. 456,
				  Stats., except that:
(a) A facility licensed
				  for 17 to 50 beds shall employ an administrator for at least 4 hours a day on
				  each of 5 days in a week. No administrator may be employed by more than 2 of
				  these facilities. The administrator shall be licensed under ch. 456, Stats.,
				  and
(b) A facility licensed for 16
				  or fewer beds shall employ an administrator for at least 10 hours a week. No
				  administrator may be employed by more than 4 of these facilities. The
				  administrator shall be licensed under ch. 456, Stats.