reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 124 - Hospitals › Subchapter I - General › Section DHS 124.02 - Definitions

Current through June 24, 2024
In this chapter:
(1m) "Critical access hospital" means a
				  hospital that is designated by the department as meeting the requirements of
				  42 USC
				  1395i-4(c) (2) (B) and is
				  federally certified as meeting the requirements of
				  42 USC
				  1395i-4(e).
(2) "Dentist" means a person licensed to
				  practice dentistry under ch. 447, Stats.
(3) "Department" means the Wisconsin
				  department of health services.
(5)
				  "Health physicist" means a person holding a masters degree or doctorate in an
				  appropriate discipline of radiologic physics or who has equivalent education
				  and experience.
(6)
(a) "Hospital" means any building, structure,
				  institution or place that does all of the following:
1. Offers inpatient, overnight care on a
				  24-hour-a-day basis, or on an as-needed basis in the case of a critical access
				  hospital.
2. Devotes itself
				  primarily to the maintenance and operation of facilities for the diagnosis and
				  treatment of, and medical or surgical care for, 3 or more nonrelated
				  individuals, designated "patients" in this chapter, suffering from illness,
				  disease, injury or disability, whether physical or mental, or who are
				  pregnant.
3. Regularly makes
				  available at least clinical laboratory services, diagnostic x-ray services and
				  treatment facilities for surgery, obstetrical care or other definitive medical
				  treatment, except as otherwise provided for critical access hospitals in this
				  chapter.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 124 - Hospitals › Subchapter I - General › Section DHS 124.03 - Approval by the department

Current through June 24, 2024
(1) No hospital may
				  operate in Wisconsin unless it is approved by the department.
(2) To be approved by the department, a
				  hospital shall comply with this chapter and with all other applicable state
				  laws and local ordinances, including all state laws and local ordinances
				  relating to fire protection and safety, reporting of communicable disease,
				  cancer reporting and post-mortem examination, and professional staff of the
				  hospital shall be licensed or registered, as appropriate, in accordance with
				  applicable laws.
(3) An application
				  for approval shall be submitted to the department on a form prescribed by the
				  department.
Notice:
For a copy of the hospital approval
					 application form, write Division of Quality Assurance, P.O. Box 2969, Madison,
					 Wisconsin 53701-2969.
(4)
				  The department shall review and make a determination on a complete application
				  for approval within 90 working days after receiving the application.
(5) Approval by the department applies only
				  to the owner of a hospital who may not transfer or assign the approval to
				  anyone else. When there is a change in the ownership of the hospital, the new
				  owner shall submit a new application to the department.
(6) If at any time the department determines
				  that there has been a failure to comply with a requirement of this chapter, it
				  may withhold, suspend or revoke the certificate of approval consistent with s.
				  50.35,
				  Stats.
(7) Every 12 months, on a
				  schedule determined by the department, a hospital shall submit to the
				  department an annual report in the form and containing the information that the
				  department requires, including payment of the fee required under s.
				  50.135(2)
				  (a), Stats. If a complete annual report is
				  not timely filed, the department shall issue a warning to the holder of the
				  certificate of approval. If a hospital that has not filed a timely report fails
				  to submit a complete report to the department within 60 days after the date
				  established under the schedule determined by the department, the department may
				  revoke the approval of the hospital.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 124 - Hospitals › Subchapter I - General › Section DHS 124.04 - Waivers and variances

Current through June 24, 2024
(1) DEFINITIONS. In this section:
(a) "Variance" means an alternative
				  requirement in place of a requirement of this chapter.
(b) "Waiver" means an exception from a
				  requirement of this chapter.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 124 - Hospitals › Subchapter II - Requirements › Section DHS 124.05 - Statements of deficiency and plans of correction

Current through June 24, 2024
(1) Based upon an
				  inspection and investigation by the department under s.
				  50.36(4),
				  Stats., the department may issue a statement of deficiency notifying the
				  hospital of noncompliance with a requirement of ch. 50, Stats., or department
				  rules.
(2) The hospital shall
				  submit a plan of correction to the department within 10 calendar days,
				  including holidays and weekends, after receiving a statement of deficiency. The
				  plan of correction shall include a reasonable fixed time period within which
				  deficiencies are to be corrected.
(3) After the plan of correction is
				  submitted, the department shall determine whether the corrections proposed by
				  the hospital would result in substantial compliance with the requirements of
				  ch. 50, Stats., and department rules, and notify the hospital of the
				  department's determination. If the department determines the corrections
				  proposed by the hospital would not result in substantial compliance, the
				  department's notice shall describe the deficiency of the plan of
				  correction.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 124 - Hospitals › Subchapter II - Requirements › Section DHS 124.07 - Maternity and neonatal care

Current through June 24, 2024
(1) DEFINITIONS. In
				  this section:
(a) "Neonatal" means pertaining
				  to the first 28 days following birth.
(c) "Nurse-midwife" means an individual
				  licensed under s.
				  441.15, Stats.,
				  and ch. N 4.
(d) "Perinatal" means
				  pertaining to the mother, fetus or infant, in anticipation of and during
				  pregnancy and through the first 28 days following birth.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 124 - Hospitals › Subchapter II - Requirements › Section DHS 124.08 - Forfeiture assessment

Current through June 24, 2024
(1) In this section, "victim" means a female
				  who alleges or for whom it is alleged that she suffered sexual assault and who,
				  as a result of the sexual assault, presents as a patient at a hospital that
				  provides emergency services.
(2)
				  The department may directly assess a forfeiture for each violation of a
				  requirement under s.
				  50.375(2)
				  or (3), Stats., for care of a victim by a
				  hospital that provides emergency services. The department may assess the
				  forfeitures as follows:
(a) $2,500 for a first
				  violation of a requirement under s.
				  50.375(2)
				  or (3), Stats.
(b) $5,000 for a subsequent violation of a
				  requirement under s.
				  50.375(2)
				  or (3), Stats.
Note:
Section
					 50.375(2),
					 Stats., requires a hospital that provides emergency services to a victim to 1)
					 provide to the victim medically and factually accurate and unbiased written and
					 oral information about emergency contraception and its use and efficacy; 2)
					 orally inform the victim of her option to receive emergency contraception at
					 the hospital, her option to report the sexual assault to a law enforcement
					 agency, and any available options for her to receive an examination to gather
					 evidence regarding the sexual assault; and 3) except as specified in s.
					 50.375(4),
					 Stats., immediately provide to the victim upon her request emergency
					 contraception, in accordance with instructions approved by the federal food and
					 drug administration. If the medication is taken in more than one dosage, the
					 hospital shall provide all subsequent dosages to the victim for later self
					 administration.
Note:
Section
					 50.375(3),
					 Stats., requires a hospital that provides emergency care to ensure that each
					 hospital employee who provides care to a victim has available medically and
					 factually accurate and unbiased information about emergency
					 contraception.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 124 - Hospitals › Subchapter II - Requirements › Section DHS 124.09 - Freestanding emergency departments

Current through June 24, 2024
(1) DEFINITION. In
				  this subchapter, "freestanding emergency department" means a dedicated location
				  that is physically separate from a hospital campus that offers inpatient
				  overnight care, with services and staff organized primarily for the purpose of
				  delivering emergency medical services without requiring a previously scheduled
				  appointment.
(2) FREESTANDING
				  EMERGENCY DEPARTMENTS.
(a) A freestanding
				  emergency department must comply with subs. (3), (4), and (5) and have
				  provider-based status under
				  42
				  CFR 413.65 as a department of a hospital that
				  offers inpatient overnight care.
(b) A freestanding emergency department shall
				  be under the direction of the emergency services department of a Wisconsin
				  licensed hospital.
(c) A
				  freestanding emergency department shall provide emergency services 24 hours a
				  day, 7 days a week, 365 days a year, on an outpatient basis.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 124 - Hospitals › Subchapter IV - Services (Repealed) › Section DHS 124.255 - Referral to aging and disability resource center required (Repealed)

Current through June 24, 2024
Sections
						50.36(2)
						(c) and
						50.38,
						Stats., were repealed by 2007 Wis. Act
						20.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 124 - Hospitals › Subchapter V - Physical Environment › Section DHS 124.275 - Definitions

Current through June 24, 2024
In this subchapter:
(1) "Alteration" has the meaning provided in
				  the International Building Code Sec. 202 as adopted in s.
				  SPS
				  361.05.
(2) "Existing construction" means a building
				  which is in place or is being constructed with plans approved by the department
				  prior to the effective date of this chapter.
(3) "Life Safety Code" means the National
				  Fire Protection Association's (NFPA) Standard 101.
(4) "New construction" means construction for
				  the first time of any building or addition to an existing building, the plans
				  for which are approved on or after July 1, 2020.
(5) "Owner" has the meaning provided in s.
				  101.01(10),
				  Stats.
The International Building Code is located at
www.iccsafe.org
.
Copies of the Life Safety Code and related codes can be
						obtained from the National Fire Protection Association, 1 Batterymarch Park,
						Quincy, Massachusetts, USA 02169-7471.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 124 - Hospitals › Subchapter V - Physical Environment › Section DHS 124.29 - Plans for new construction and alterations

Current through June 24, 2024
(2) SIGNING AND
				  SEALING. Construction documents submitted to the department for review shall be
				  prepared, signed and sealed in accordance with ch. 443, Stats., and s. A-E
				  2.02.
(3) CONTENTS AND INFORMATION.
(a) Construction documents submitted to the
				  department for review shall be dimensioned and drawn to scale. The scale used
				  for the construction documents shall be indicated on the documents. An
				  application form shall be included with the construction documents and
				  information submitted to the department for examination and approval.
(b) Submittal to the department is as
				  follows:
1. Except as provided in subd. 2.,
				  at least 4 sets of construction documents shall be submitted to the department
				  for review.
2.
a. At least one set of construction
				  specifications shall be submitted to the department for review.
b. One complete set of plans may be
				  submitted, provided it is accompanied with 3 copies of the cover sheet for the
				  complete set, and provided all 4 cover sheets comply with sub.
				  (2).
(c) Fees,
				  as provided in s.
				  DHS 124.31,
				  shall be remitted to the department at the time the plans are submitted. No
				  plan examinations, approvals, or onsite reviews shall be made until fees are
				  received.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 124 - Hospitals › Subchapter V - Physical Environment › Section DHS 124.30 - Standards

Current through June 24, 2024
(2) PLAN REVIEW. Before the start of any new
				  construction or alteration project for a hospital, the plans for the
				  construction or alteration shall be submitted to the department, pursuant to s.
				  DHS
				  124.29, for review and approval by the
				  department.
(3) DEPARTMENT REVIEW.
				  The department shall review new construction and alteration plans for
				  compliance with all of the following:
(a) This
				  chapter.
(b) Chapters
				  SPS
				  361 to 366, except s.
				  SPS
				  361.31(3). Where chs.
				  SPS
				  361 to 366 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.
(c) The provisions of the Life Safety Code
				  adopted by the Conditions of Participation per s.
				  50.36,
				  Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 124 - Hospitals › Subchapter V - Physical Environment › Section DHS 124.31 - Fees for plan reviews

Current through June 24, 2024
(1) GENERAL. The fees established in this
				  section shall be paid to the department for providing plan review services
				  under this subchapter. The department may withhold providing services to
				  parties who have past due accounts with the department for plan review
				  services. Except as provided under sub. (4) (b), the fee for review of plans
				  shall be based on the total gross floor area of s. SPS Table 302.31-1 and on
				  the dollar value of the project to the table under sub. (3).
(2) DEFINITION. In this section,
				  "miscellaneous plans" means plans that have no building or heating, ventilation
				  and air conditioning plan submissions, including all of the following:
(a) Footing and foundation plans submitted
				  prior to the submission of the building plans.
(b) Structural plans submitted as independent
				  projects, such as docks or antennae.
(c) Plans for any other building
				  component.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 124 - Hospitals › Subchapter V - Physical Environment › Section DHS 124.32 - Patient rooms - general

Current through June 24, 2024
(2) PRIVACY. Visual
				  privacy shall be provided for each patient in multi-bed patient rooms. In new
				  or remodeled construction, cubicle curtains shall be provided.
(3) TOILET ROOM.
(a) In new construction, each patient room
				  shall have access to one toilet without entering the general corridor area. One
				  toilet room shall serve no more than 4 beds and no more than 2 patient rooms. A
				  handwashing sink shall be provided either in each patient's room or in the
				  adjoining toilet room.
(b) In new
				  and remodeled construction, the door to the patient toilet room shall swing
				  into the patient room, or two-way hardware shall be provided.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 124 - Hospitals › Subchapter V - Physical Environment › Section DHS 124.34 - Patient care areas

Current through June 24, 2024
(3) UTILITY AREAS.
(a) A utility room for clean linen and other
				  clean articles shall be readily accessible to each nursing unit. The room shall
				  contain at least:
1. Storage facilities for
				  supplies;
2. A handwashing sink;
				  and
3. Work counters.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 124 - Hospitals › Subchapter V - Physical Environment › Section DHS 124.35 - Additional requirements for particular patient care areas; psychiatric units

Current through June 24, 2024
The requirements for patient rooms under s.
					 DHS 124.34
					 apply to patient rooms in psychiatric nursing units and psychiatric hospitals
					 except as follows:
(1) In new
				  construction and remodeling a staff emergency call system shall be included.
				  Call cords from wall-mounted stations of individual patient rooms may be
				  removed when justified by psychiatric program requirements.
(2) Doors to patient rooms and patient toilet
				  room doors may not be lockable from the inside.
(3) Patients' clothing and personal items may
				  be stored in a separate designated area which is locked.
(4) Moveable hospital beds are not required
				  for ambulatory patients.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 124 - Hospitals › Subchapter V - Physical Environment › Section DHS 124.36 - Other physical environment; fire report

Current through June 24, 2024
All incidents of fire in a hospital shall be reported to
					 the department within 72 hours.
Information about online fire reporting is available at:
http://www.dhs.wisconsin.gov/publications/p01729.pdf
.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 124 - Hospitals › Subchapter VI - Critical Access Hospitals › Section DHS 124.38 - Definitions

Current through June 24, 2024
In this subchapter:
(1) "Clinical nurse specialist" means a
				  registered nurse who is currently certified as a clinical nurse specialist by a
				  national certifying body that is recognized by the state board of
				  nursing.
(2) "Network hospital"
				  means a full-time hospital that has an agreement with a critical access
				  hospital to provide ongoing acute care services for patients transferred or
				  referred from the critical access hospital.
(3) "Nurse practitioner" means a registered
				  nurse who is currently certified as a nurse practitioner by a national
				  certifying body that is recognized by the state board of nursing.
(4) "Rural health plan" means a plan approved
				  by the federal centers for medicare and medicaid services that describes how
				  the department will implement and administer parts of the federal medicare
				  rural hospital flexibility program - critical access hospitals - under
				  42 USC
				  1395i-4.
(5) "Rural hospital" means a hospital that
				  was initially approved as a hospital prior to January 1, 2003 and is located in
				  a county that has at least a portion of a rural census tract of a Metropolitan
				  Statistical Area (MSA) as determined under the most recent version of the
				  Goldsmith Modification as provided in
				  42
				  CFR 412.103(a)(1).
The most recent version of the Goldsmith Modification as
						determined by the Office of Rural Health Policy (ORHP) of the Health Resources
						and Services Administration is available via the ORHP website at
http://www.raconline.org/topics/what-is-rural/faqs/#goldsmith
or from the U.S. Department of Health and Human Services, Health Resources and
						Services Administration, Office of Rural Health Policy, 5600 Fishers Lane, Room
						9A-55, Rockville, MD 20857.
						42
						CFR 412.103 of the federal regulations
						addresses hospitals located in urban areas that want to apply for
						reclassification as rural hospitals.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 124 - Hospitals › Subchapter VI - Critical Access Hospitals › Section DHS 124.39 - Designation as a critical access hospital

Current through June 24, 2024
(1) ELIGIBILITY.
				  Except as provided under sub. (2) (a), to be eligible for designation as a
				  critical access hospital, a hospital shall be all of the following:
(a) A hospital approved by the department
				  under this chapter to operate as a hospital.
(b) Located in an area outside of a
				  metropolitan statistical area as defined in
				  42 USC
				  1395ww(d), or located in a
				  rural area of an urban county.
(c)
				  Located more than a 35-mile drive from another hospital or certified by the
				  department under sub. (2) as a necessary provider of health care services to
				  residents in the area.
(d) A
				  hospital that has a provider agreement to participate in medicare in accordance
				  with 42 CFR
				  485.612.
(e) A hospital that has not been designated
				  by the federal centers for medicare and medicaid services as an urban hospital
				  for purposes of medicare reimbursement.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 124 - Hospitals › Subchapter VI - Critical Access Hospitals › Section DHS 124.41 - Rural health plan

Current through June 24, 2024
Before implementation of the state medicare rural hospital
					 flexibility program pursuant to for the establishment of critical access
					 hospitals, the department shall develop a rural health plan. The department
					 shall submit the rural health plan to the federal centers for medicare and
					 medicaid services for approval.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 125 - Do-Not-Resuscitate Orders Directed At Emergency Health Care Personnel › Section DHS 125.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
				  154.19(3)
				  (a) and
				  154.27,
				  Stats., to establish requirements for the size, color and design of a
				  do-not-resuscitate bracelet worn by a qualified patient for whom a
				  do-not-resuscitate order has been written by the attending physician under s.
				  154.19(1),
				  Stats., at the patient's request, and which is to be followed by emergency
				  health care personnel in the event of the patient suffering cardiac or
				  pulmonary arrest, and to establish procedures for emergency health care
				  personnel to follow in honoring a do-not-resuscitate order.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 125 - Do-Not-Resuscitate Orders Directed At Emergency Health Care Personnel › Section DHS 125.02 - Applicability

Current through June 24, 2024
This section applies to any person providing health care as
				  an emergency medical services practitioner or an emergency medical responder,
				  or within an emergency health care facility.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 125 - Do-Not-Resuscitate Orders Directed At Emergency Health Care Personnel › Section DHS 125.03 - Definitions

Current through June 24, 2024
In this section:
(1)
				"Ambulance run report form" means the form that the ambulance service provider
				under s.
				DHS
				110.34(7) and (8) requires emergency
				medical technicians to complete at the end of each ambulance run.
Note:
An ambulance run report is also known as a
				  patient care report.
(2)
				"Department" means the Wisconsin department of health services.
(3) "Do-not-resuscitate bracelet" means a
				standardized identification bracelet of uniform size, color and design approved
				by the department, that bears the inscription "Do Not Resuscitate" which
				signifies that the wearer is a qualified patient, as defined in s.
				154.17(4),
				Stats., who has requested and obtained a do-not-resuscitate order and has not
				revoked the request for the order.
(4) "Do-not resuscitate order" means a
				written order issued by a physician under the requirements of subch. III of ch.
				154, Stats., that directs emergency health care personnel not to attempt
				cardiopulmonary resuscitation on a person for whom the order is issued if that
				person suffers cardiac or respiratory arrest.
(5) "Emergency health care facility staff"
				means staff of a hospital emergency room or an urgent care clinic whose duties
				are to render emergency medical care to sick, disabled or injured persons
				conveyed to the facility.
(5m)
				"Emergency health care personnel" means emergency medical services
				practitioners, emergency medical responders, and emergency health care facility
				staff.
(5p) "Emergency medical
				responder" has the meaning given in s.
				256.01(4p),
				Stats.
(5r) "Emergency medical
				services practitioner" has the meaning given in s.
				256.01(5),
				Stats.
(8) "Patient" means a person
				who is brought for treatment to an emergency medical facility or a person to
				whom emergency health care personnel go to render treatment.
(9) "Qualified patient" has the meaning
				specified in s.
				154.17(4),
				Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 125 - Do-Not-Resuscitate Orders Directed At Emergency Health Care Personnel › Section DHS 125.04 - Do-not-resuscitate bracelet

Current through June 24, 2024
A do-not-resuscitate bracelet shall meet all of the following
				  requirements:
(1) The bracelet shall
				be a clear, standard hospital-type bracelet at least 3/4 of an inch in
				width.
(2) The identifying
				information placed in the bracelet shall be printed on a bracelet insert form
				supplied by the department. The bracelet insert form as supplied by the
				department shall have on it, preprinted in blue, the words "Do Not Resuscitate"
				and the state seal of Wisconsin.
Note: Copies of the bracelet insert form may be obtained from
				  the EMS Section, Division of Health, P.O. Box 309, Madison, WI
				  53701-0309.
(3) The
				physician who has issued the do-not-resuscitate order shall complete or direct
				another person to complete the bracelet information by printing on the bracelet
				insert form in size 8 or greater font all of the following information:
(a) On the left half of the form, the
				patient's name, address, date of birth and gender.
(b) On the right half of the form, the
				physician's name, business phone number and original signature.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 125 - Do-Not-Resuscitate Orders Directed At Emergency Health Care Personnel › Section DHS 125.05 - Following do-not-resuscitate orders

Current through June 24, 2024
(1) GENERAL
				REQUIREMENT. Emergency health care personnel shall follow a do-not-resuscitate
				order, as evidenced by a patient wearing a do-not-resuscitate bracelet, unless
				the order is invalidated by a condition under sub. (3). If there is any doubt
				about honoring a do-not-resuscitate bracelet, emergency medical services
				practitioners and emergency medical responders shall contact the medical
				control hospital and emergency health care facility staff shall contact the
				director of emergency services.
(2)
				P ROCEDURE. Emergency health care personnel shall carry out the following
				procedure in the emergency care setting:
(a)
				Assess the patient.
(b) If the
				patient is pulseless and non-breathing, check the patient's wrist for a
				do-not-resuscitate bracelet.
(c) If
				no do-not-resuscitate bracelet is found on the patient's wrist, provide usual
				care.
(d) If a do-not-resuscitate
				bracelet is found on the patient's wrist, and the bracelet is not defaced, do
				not undertake life support measures. Provide comfort care.
Note:
Examples of comfort care include, but are
				  not limited to, administration of oxygen, clearing the airway, controlling
				  bleeding, positioning for comfort, providing emotional support, providing pain
				  medication and splinting.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 127 - Rural Medical Centers › Subchapter I - General › Section DHS 127.01 - Authority, purpose and applicability

Current through June 24, 2024
(1) This chapter is
				  promulgated under the authority of s.
				  50.51(2),
				  Stats., to establish standards for the construction, maintenance and operation
				  of rural medical centers for the purposes of:
(a) Facilitating access to quality health
				  care in rural communities.
(b)
				  Promoting the development of integrated health care services in rural
				  communities in a manner that does all of the following:
1. Promotes flexibility and ease of
				  diversification in service delivery.
2. Encourages efficient use of available
				  health care resources.
3.
				  Encourages consistency of standards across types of care.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 127 - Rural Medical Centers › Subchapter I - General › Section DHS 127.02 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Adverse action" means an action
				  initiated by a state or federal agency, based on the licensee's noncompliance
				  in the operation of health care services, that resulted in civil money
				  penalties, suspension of payments, the appointment of temporary management,
				  denial, suspension or revocation of licensure or termination or nonrenewal of
				  provider participation under medicaid or medicare.
(2) "Ambulatory surgery center" has the
				  meaning given in
				  42
				  CFR 416.2.
(3) "Applicant" means a person or persons who
				  apply for a license to operate a rural medical center, who ultimately will be
				  responsible for the operation of the rural medical center and legally
				  responsible for decisions and liabilities related to the rural medical center.
				  If a corporation, "applicant" means each person serving as director as
				  indicated under ss.
				  180.0202(2)
				  "(a) " and 181.0202 (2) "(a) ", Stats. If a partnership, "applicant" means
				  persons identified in s.
				  178.0102(11)
				  ", Stats. If a limited partnership, "applicant" means persons identified in ch.
				  179, Stats. If a limited liability company, "applicant" means each person
				  organizing the company as identified under s.
				  183.0202(5),
				  Stats.
(4) "Critical access
				  hospital" has the meaning given in s.
				  50.33(1g),
				  Stats.
(5) "Department" means the
				  Wisconsin department of health services.
(6) "End-stage renal disease service" has the
				  meaning given in
				  42
				  CFR 405.2102.
(7) "Good standing" means that the applicant
				  has a history of compliance with state and federal statutes, regulations and
				  rules that promote the provision of quality care to patients and
				  residents.
(8) "Health care
				  services" or services" means any of the following:
(a) Care that is provided in or by any of the
				  following:
1. A hospital.
2. A nursing home.
3. A hospice.
4. A rural health clinic.
5. An ambulatory surgery center.
6. A critical access hospital.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 127 - Rural Medical Centers › Subchapter I - General › Section DHS 127.04 - Compliance with laws

Current through June 24, 2024
All rural medical centers shall operate and provide health
					 care services in compliance with all applicable federal, state and local
					 government statutes, regulations, rules and ordinances and accepted standards
					 and principles that apply to professionals providing health care services for
					 the center.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 127 - Rural Medical Centers › Subchapter I - General › Section DHS 127.05 - Inspections and investigations

Current through June 24, 2024
(1) The department
				  may conduct an unannounced inspection of a rural medical center facility as
				  often as required by the federal government or as the department deems
				  necessary. The department may investigate complaints it receives concerning the
				  operation of a rural medical center.
(2)
(a) A
				  rural medical center surveyed or investigated under this section shall provide
				  the department with access to patient or resident health care records,
				  regardless of the source of patient or resident health care payment, as well as
				  clinical, financial and administrative records, throughout the duration of any
				  survey, inspection or investigation that the department conducts.
(b) A rural medical center shall release
				  patient or resident health care records without the informed consent of the
				  patient or resident in response to a request by any federal or state
				  governmental agency to perform a legally authorized function, including but not
				  limited to management audits, financial audits, program monitoring and
				  evaluation or facility licensure or certification.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 127 - Rural Medical Centers › Subchapter I - General › Section DHS 127.06 - Consolidated survey requirement

Current through June 24, 2024
(1) Any survey by
				  the department of a rural medical center shall be comprehensive and
				  consolidated with all health care services listed on the license. In conducting
				  a survey, the department shall select a sample of patients or residents served
				  by the center to facilitate an outcome-based, program-wide consolidated
				  survey.
(2) The department shall
				  afford opportunities for representatives of the rural medical center to consult
				  with department staff concerning compliance, noncompliance and findings
				  throughout the duration of a survey.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 127 - Rural Medical Centers › Subchapter I - General › Section DHS 127.07 - Violations and penalties

Current through June 24, 2024
(1) NOTICE OF
				  VIOLATION. Upon determining that a rural medical center is in violation of a
				  requirement of this chapter, including any requirement under ss.
				  DHS 127.16
				  to 127.24, the department shall promptly send a notice of violation to the
				  chief executive officer, director, administrator or other designated agent of
				  the rural medical center. The notice shall specify the rule violated and state
				  the facts that constitute the violation. If the department receives a return
				  receipt for the notice, the return receipt is conclusive evidence that the
				  addressee received the notice. If the department does not receive a return
				  receipt for the notice, the addressee shall be presumed to have received the
				  notice on the fifth calendar day after the date the notice was
				  mailed.
(2) PLAN OF CORRECTION.
				  Within 10 calendar days of receipt of a notice of violation under sub. (1), the
				  rural medical center shall submit a plan of correction to the department,
				  detailing how the center plans to correct the violation or how the center has
				  already corrected the violation. If the rural medical center fails to submit an
				  acceptable plan of correction, the department may impose a plan with which the
				  center shall comply. The department shall verify that the rural medical center
				  has completed or complied with the plan of correction.
(3) PROHIBITIONS. No person may do any of the
				  following:
(a) Intentionally prevent,
				  interfere with or impede in any way the work of any duly authorized
				  representative of the department in making investigations under this chapter or
				  in enforcing this chapter.
(b)
				  Intentionally retaliate or discriminate against any patient, resident or
				  employee of a rural medical center for contacting or providing information to
				  any state agency, as defined by s.
				  16.004(12)
				  (a), Stats., or for initiating, participating
				  in or testifying in an action to enforce any provision of this
				  chapter.
(c) Intentionally destroy,
				  change or modify the original report of an inspection that the department
				  conducts under this chapter.
(d)
				  Fail to correct, or attempt to interfere with the correction of, a violation
				  within the maximum time for correction specified in a notice of violation or
				  plan of correction, unless the department grants an extension and the rural
				  medical center corrects the violation before expiration of the
				  extension.
(e) Prevent or attempt
				  to prevent any duly authorized representative of the department from examining
				  any relevant accounts, books or records of the center in the conduct of
				  official duties under this chapter.
(f) Prevent or attempt to prevent any duly
				  authorized representative of the department from preserving evidence of any
				  violation of any provision of this chapter.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 127 - Rural Medical Centers › Subchapter I - General › Section DHS 127.08 - Waivers and variances

Current through June 24, 2024
(1) DEFINITIONS. In this section:
(a) "Variance" means the granting by the
				  department of an alternative requirement in place of a nonstatutory requirement
				  of this chapter.
(b) "Waiver" means
				  the granting by the department of an exception from a nonstatutory requirement
				  of this chapter.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 127 - Rural Medical Centers › Subchapter II - Program and Operational Standards › Section DHS 127.16 - Nursing home services

Current through June 24, 2024
A rural medical center offering or proposing to offer
					 nursing home services shall comply with ch. DHS 132 or 134, as appropriate, and
					 42 CFR 483, Subpart B. If ch. DHS 132 or 134 conflicts with this chapter, this
					 chapter shall take precedence.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 127 - Rural Medical Centers › Subchapter II - Program and Operational Standards › Section DHS 127.17 - Hospital services

Current through June 24, 2024
A rural medical center offering or proposing to offer
					 hospital services shall comply with ch. DHS 124 and 42 CFR 482. If ch. DHS 124
					 conflicts with this chapter, this chapter shall take
					 precedence.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 127 - Rural Medical Centers › Subchapter II - Program and Operational Standards › Section DHS 127.18 - Home health services

Current through June 24, 2024
A rural medical center offering or proposing to offer home
					 health services shall comply with ch. DHS 133 and 42 CFR 484. If ch. DHS 133
					 conflicts with this chapter, this chapter shall take
					 precedence.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 127 - Rural Medical Centers › Subchapter II - Program and Operational Standards › Section DHS 127.19 - Hospice services

Current through June 24, 2024
A rural medical center offering or proposing to offer
					 hospice services shall comply with ch. DHS 131 and 42 CFR 418. If ch. DHS 131
					 conflicts with this chapter, this chapter shall take
					 precedence.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 127 - Rural Medical Centers › Subchapter II - Program and Operational Standards › Section DHS 127.20 - Critical access hospital services

Current through June 24, 2024
A rural medical center offering or proposing to offer
					 critical access hospital services shall comply with applicable sections of 42
					 CFR 400, 409, 410, 411, 412, 413, 424, 440, 485, 488, 489 and
					 498.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 127 - Rural Medical Centers › Subchapter II - Program and Operational Standards › Section DHS 127.21 - Rural health clinic services

Current through June 24, 2024
A rural medical center offering or proposing to offer rural
					 health clinic services shall comply with applicable sections of 42 CFR 405,
					 Subpart X and 42 CFR 491, Subpart A.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 127 - Rural Medical Centers › Subchapter II - Program and Operational Standards › Section DHS 127.22 - Rehabilitation, outpatient physical therapy and outpatient occupational therapy services

Current through June 24, 2024
A rural medical center offering or proposing to offer
					 rehabilitation, outpatient physical therapy or outpatient occupational therapy
					 services shall comply with applicable sections of 42 CFR 405 or
					 485.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 127 - Rural Medical Centers › Subchapter II - Program and Operational Standards › Section DHS 127.23 - Ambulatory surgery center services

Current through June 24, 2024
A rural medical center offering or proposing to offer
					 ambulatory surgery center services shall comply with applicable sections of 42
					 CFR 416.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 127 - Rural Medical Centers › Subchapter II - Program and Operational Standards › Section DHS 127.24 - End-stage renal disease services

Current through June 24, 2024
A rural medical center offering or proposing to offer
					 end-stage renal disease services shall comply with applicable sections of 42
					 CFR 405, Subpart U.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 129 - Certification Of Programs For Training And Testing Nurse Aides, Medication Aides And Feeding Assistants › Subchapter I - General Provisions › Section DHS 129.01 - Authority and purpose

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
					 146.40(2m),
					 (3), (3g), and (5), and
					 227.11(2)
					 (a), Stats., to provide conditions of
					 approval for training programs and competency evaluation programs for persons
					 who work as nurse aides, medication aides or feeding assistants in hospitals,
					 nursing homes or facilities for the developmentally disabled, home health
					 agencies or hospices certified under
					 42 USC
					 1395 to
					 1395cc
					 c, and conditions for including persons in the department's registry of nurse
					 aides.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 129 - Certification Of Programs For Training And Testing Nurse Aides, Medication Aides And Feeding Assistants › Subchapter I - General Provisions › Section DHS 129.02 - Applicability

Current through June 24, 2024
This chapter applies to any facility, agency or other
					 organization that proposes to maintain a registry of nurse aides, train or
					 administer competency evaluation testing of nurse aides, feeding assistants, or
					 medication aides under a program approved by or under contract with the
					 department under this chapter, and to all persons automatically included or
					 eligible for inclusion and requesting inclusion in the department's registry of
					 nurse aides.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 129 - Certification Of Programs For Training And Testing Nurse Aides, Medication Aides And Feeding Assistants › Subchapter I - General Provisions › Section DHS 129.03 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Abuse" has the meaning specified in s.
				  DHS 13.03 (1).
(2) "Basic nursing
				  course" means a course or combination of courses that contain the basic nursing
				  skills, competencies and knowledge that the department is satisfied are
				  generally equivalent in content to the skills contained in s. DHS 129.07
				  (1).
(3) "Body mechanics" means the
				  use of the muscle and skeletal systems during activity and when positioning the
				  body for work tasks, given that the task is within the limits of worker
				  capability when assisting in the movement, positioning and transfer of
				  clients.
(4) "Caregiver misconduct
				  registry" has the meaning specified in s. DHS 13.03 (4).
(5) "Client" means a person receiving care,
				  treatment or diagnostic services from a health care provider.
(6) "Client care ergonomics" means a
				  multifaceted, standardized approach for client mobility tasks, which
				  incorporates the evaluation of client characteristics to assure proper
				  selection and use of equipment by caregivers according to algorithms for client
				  transfer and mobility activities.
(7) "Client related services" means care,
				  treatment or diagnostic services provided to a client.
(8) "Clinical setting" means one of the
				  following:
(a) A practice setting where care
				  and treatment of clients occur.
(b)
				  A health care-related setting, where care and treatment of clients
				  occurs.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 129 - Certification Of Programs For Training And Testing Nurse Aides, Medication Aides And Feeding Assistants › Subchapter I - General Provisions › Section DHS 129.04 - Waivers and variances

Current through June 24, 2024
(1) REQUIREMENTS FOR WAIVERS OR VARIANCES.
				  The department may grant a request for a waiver of or a variance from a
				  requirement of this chapter if the department finds that the waiver or variance
				  will not adversely affect the health, safety or welfare of any client; and that
				  either:
(a) The requirement that the health
				  care provider or program seeks relief from would result in unreasonable
				  hardship or is infeasible as applied to the training program or competency
				  evaluation program.
(b) If the
				  request is for a variance, the proposed alternative to a rule, including new
				  concepts, methods, procedures, practice, techniques, equipment, personnel
				  qualifications, pilot project or other alternative is in the interest of client
				  care and management or more effective training or testing programs or
				  management.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 129 - Certification Of Programs For Training And Testing Nurse Aides, Medication Aides And Feeding Assistants › Subchapter II - Nurse Aide Training and Testing › Section DHS 129.05 - Nurse aide training program approval process

Current through June 24, 2024
(1) APPLICATION.
(a) An applicant for nurse aide training
				  program approval shall apply for approval of their program on a form provided
				  by the department.
Note:
To obtain a copy of the application,
					 email the Division of Quality Assurance at:
					 DHSWIDQA_NATCEP@dhs.wisconsin.gov.
(b) The program shall provide any additional
				  information requested by the department during the department's review of the
				  application.
(c) The program shall
				  designate an individual who is responsible for the operation and compliance of
				  the program with all applicable provisions of this chapter. The program shall
				  note the designee on the application for approval.
(d) All aspects of the program shall be in
				  compliance with all applicable federal, state and local laws.