reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 131 - Hospices › Subchapter IV - Management › Section DHS 131.28 - Governing body

Current through June 24, 2024
(1) Each hospice shall have a governing body
				  that assumes full legal responsibility for determining, implementing and
				  monitoring the overall conduct and operation of the program, including the
				  quality of the care and services.
(2) The governing body shall do all of the
				  following:
(a) Be responsible for the
				  establishment and maintenance of policies and for the management, operation and
				  evaluation of the hospice.
(b)
				  Adopt a statement that designates the services the hospice will provide and the
				  setting or settings in which the hospice will provide care.
(c) Ensure that all services are provided
				  consistent with accepted standards of professional practice.
(d) Appoint an administrator and delegate to
				  the administrator the authority to operate the hospice in accordance with
				  policies established by the governing body.
(e) Ensure that nursing and physician
				  services and drugs and biologicals are routinely available on a 24 hour basis 7
				  days a week.
(f) Ensure that other
				  covered services are available on a 24 hour basis when reasonable and necessary
				  to meet the needs of the patient and family.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 131 - Hospices › Subchapter IV - Management › Section DHS 131.29 - Administration

Current through June 24, 2024
(1) ADMINISTRATOR. The administrator shall be
				  responsible for day-to-day operation of the hospice.
(2) DUTIES OF THE ADMINISTRATOR. The
				  administrator shall do all of the following:
(a) Implement and regularly evaluate policies
				  for the management and operation of the hospice and evaluation of the overall
				  program performance of the hospice, and implement and regularly evaluate
				  procedures consistent with those policies.
(b) Establish an organizational structure
				  appropriate for directing the work of the hospice's employees in accordance
				  with the program's policies and procedures.
(c) Maintain a continuous liaison between the
				  governing body and the hospice employees.
(d) Ensure that employees are oriented to the
				  program and their responsibilities, that they are continuously trained and that
				  their performance is evaluated.
(e)
				  Designate in writing, with the knowledge of the governing body, a qualified
				  person to act in his or her absence.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 131 - Hospices › Subchapter IV - Management › Section DHS 131.30 - Professional management responsibility

Current through June 24, 2024
(1) RESPONSIBILITY.
				  The hospice is responsible for providing services to the patient or family, or
				  both, based on assessed need and as established by the plan of care.
(2) CONTRACT SERVICES. The hospice may
				  contract with other providers for the provision of services to a patient or the
				  patient's family, or both, in which case the hospice shall retain
				  responsibility for the quality, availability, safety, effectiveness,
				  documentation and overall coordination of the care provided to the patient or
				  the patient's family, or both, as directed by the hospice plan of care. The
				  hospice shall:
(a) Ensure that there is
				  continuity of care for the patient or the patient's family, or both, in the
				  relevant care setting.
(b) Be
				  responsible for all services delivered to the patient or the patient's family,
				  or both, through the contract. The written contract shall include all of the
				  following:
1. Identification of the services
				  to be provided.
2. Stipulation that
				  services are to be provided only with the authorization of the hospice and as
				  directed by the hospice plan of care for the patient.
3. The manner in which the contracted
				  services are coordinated and supervised by the hospice.
4. The delineation of the roles of the
				  hospice and service provider in the admission process, assessment,
				  interdisciplinary group meetings and ongoing provision of palliative and
				  supportive care.
5. A method of
				  evaluation of the effectiveness of those contracted services through the
				  quality assurance program under s.
				  DHS
				  131.22.
6.
				  The qualifications of the personnel providing the services.
(c) Evaluate the services provided
				  under a contractual arrangement on an annual basis.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 131 - Hospices › Subchapter IV - Management › Section DHS 131.31 - Employees

Current through June 24, 2024
(1) CAREGIVER BACKGROUND CHECKS. Each hospice
				  shall comply with the caregiver background check and misconduct reporting
				  requirements in s.
				  50.065,
				  Stats., and ch. DHS 12, and the caregiver misconduct reporting and
				  investigation requirements in ch. DHS 13.
(2) GENERAL REQUIREMENTS. Prior to beginning
				  patient care, every employee or contracted staff shall be oriented to the
				  hospice program and the job to which he or she is assigned.
(3) ORIENTATION PROGRAM. A hospice's
				  orientation program shall include all of the following:
(a) An overview of the hospice's goal in
				  providing palliative care.
(b)
				  Policies and services of the program.
(c) Information concerning specific job
				  duties.
(d) The role of the plan of
				  care in determining the services to be provided.
(e) Ethics, confidentiality of patient
				  information, patient rights and grievance procedures.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 131 - Hospices › Subchapter IV - Management › Section DHS 131.32 - Medical director

Current through June 24, 2024
(1) The hospice shall have a medical director
				  who shall be a medical doctor or a doctor of osteopathy.
(2) The medical director shall do all of the
				  following:
(a) Direct the medical components
				  of the program.
(b) Ensure that the
				  terminal status of each individual admitted to the program has been
				  established.
(c) Ensure that
				  medications are used within accepted standards of practice.
(d) Ensure that a system is established and
				  maintained to document the disposal of controlled drugs.
(e) Ensure that the medical needs of the
				  patients are being met.
(f) Provide
				  liaison as necessary between the core team and the attending
				  physician.
(g) Ensure that a system
				  is established for the disposal of controlled drugs.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 131 - Hospices › Subchapter IV - Management › Section DHS 131.33 - Clinical record

Current through June 24, 2024
(1) GENERAL. A hospice shall establish a
				  single and complete clinical record for every patient. Clinical record
				  information shall remain confidential except as required by law or a
				  third-party payment contract.
(2)
				  DOCUMENTATION AND ACCESSIBILITY. The clinical record shall be completely
				  accurate and up-to-date, readily accessible to all individuals providing
				  services to the patient or the patient's family, or both, and shall be
				  systematically organized to facilitate prompt retrieval of
				  information.
(3) CONTENT. A
				  patient's clinical record shall contain all of the following:
(a) The initial, integrated and updated plans
				  of care prepared under s.
				  DHS
				  131.21.
(b) The initial, comprehensive and updated
				  comprehensive assessments.
(c)
				  Complete documentation of all services provided to the patient or the patient's
				  family or both, including:
1.
				  Assessments.
2.
				  Interventions.
3. Instructions
				  given to the patient or family, or both.
4. Coordination of activities.
(d) Signed copies of the notice of
				  patient rights under s.
				  DHS
				  131.19(1) (a) and service
				  authorization statement under s.
				  DHS
				  131.17(4) (b).
(e) A current medications list.
(f) Responses to medications, symptom
				  management, treatments, and services.
(g) Outcome measure data elements, as
				  described in s.
				  DHS
				  131.20(5).
(h) Physician certification and
				  recertification of terminal illness.
(i) A statement of whether or not the
				  patient, if an adult, has prepared an advance directive; and a copy of the
				  advance directive, if prepared.
(j)
				  Physician orders.
(k) Patient and
				  family identification information.
(L) Referral information, medical history and
				  pertinent hospital discharge summaries.
(m) Transfer and discharge
				  summaries.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 131 - Hospices › Subchapter IV - Management › Section DHS 131.34 - Personnel qualifications

Current through June 24, 2024
(1) PERSONNEL
				  QUALIFICATIONS. All professionals who furnish services directly, under an
				  individual contract, or under arrangements with a hospice, shall be legally
				  authorized, licensed, certified or registered in accordance with applicable
				  federal, state and local laws, and shall act only within the scope of his or
				  her state license, or state certification, or registration. Personnel
				  qualifications shall be kept current at all times.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 131 - Hospices › Subchapter V - Physical Environment › Section DHS 131.35 - Definitions

Current through June 24, 2024
In this subchapter:
(1) "Existing construction" or "existing
				  facility" means a building which is in place or is being constructed with plans
				  approved by the department prior to August 1, 2020.
(2) "Freestanding hospice facility" means a
				  residential facility serving 3 or more patients which is not located in a
				  licensed hospital or nursing home.
(3) "Life Safety Code" means the National
				  Fire Protection Association's 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 August 1, 2020.
(5) "NFPA" means the National Fire Protection
				  Association.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 131 - Hospices › Subchapter V - Physical Environment › Section DHS 131.37 - Physical plant

Current through June 24, 2024
(1) GENERAL REQUIREMENTS. The building of a
				  freestanding hospice shall be constructed and maintained so that it is
				  functional for the delivery of hospice services, appropriate to the needs of
				  the community and protects the health and safety of the patients. The
				  provisions of this section apply to all new, remodeled and existing
				  construction unless otherwise noted. Wherever a requirement in this section is
				  in conflict with the applicable Life Safety Code under s.
				  DHS
				  131.38, the Life Safety Code shall take
				  precedence.
(5) PATIENT BEDROOMS.
(a)
Design and location.
Patient bedrooms shall be designed and equipped for the comfort and privacy of
				  the patient and shall be equipped with or located near toilet and bathing
				  facilities.
(b)
Capacity.
1. A patient
				  bedroom may accommodate no more than 2 patients. Patients of the opposite sex
				  may not be required to occupy the same sleeping room.
2. The minimum floor area per bed shall be 80
				  square feet in multiple patient rooms and 100 square feet in single patient
				  rooms. The distance between patient beds in multipatient rooms shall be at
				  least 3 feet.
(c)
Bed arrangements.
2. There
				  shall be at least 3 feet between beds where the space is necessary for patient
				  or staff access.
3. Visual privacy
				  shall be provided for each patient in multibed patient rooms. In new or
				  remodeled construction, cubicle curtains shall be provided.
(d)
Semiambulatory and
				  nonambulatory patients.
For rooms with semiambulatory or nonambulatory
				  patients, mobility space at the end and one side of each bed may not be not
				  less than 4 feet. Adequate accessible space for storage of a patient's
				  wheelchair or other adaptive or prosthetic equipment shall be provided and
				  shall be readily accessible to the patient.
(e)
Equipment and supplies.
Each patient shall be provided with all of the following:
1. A separate bed of proper size and height
				  for the convenience of the patient. Beds shall be at least 36 inches wide and
				  shall be maintained in good condition.
2. Drawer space available in the bedroom for
				  personal clothing and possessions.
3. Closet or wardrobe space with clothes
				  racks and shelves in the bedroom.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 131 - Hospices › Subchapter V - Physical Environment › Section DHS 131.38 - Fire protection

Current through June 24, 2024
(1) BASIC RESPONSIBILITY. The hospice shall
				  provide fire protection adequate to ensure the safety of patients, staff and
				  others on the hospice's premises. Necessary safeguards such as extinguishers,
				  sprinkling and detection devices, fire and smoke barriers and ventilation
				  control barriers shall be installed to ensure rapid and effective fire and
				  smoke control.
(2) LIFE SAFETY
				  CODE. Facilities shall meet the applicable provisions of the 2012 edition of
				  the Life Safety Code (LSC).
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.
(3) FIRE SAFETY EVALUATION SYSTEM. An
				  existing facility that does not meet all requirements of the applicable Life
				  Safety Code may be considered in compliance with it if the facility achieves a
				  passing score on the Fire Safety Evaluation System (FSES) developed by the U.S.
				  department of commerce, national bureau of standards, to establish safety
				  equivalencies under the Life Safety Code.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 131 - Hospices › Subchapter V - Physical Environment › Section DHS 131.39 - Fire safety

Current through June 24, 2024
(1) FIRE INSPECTION. The licensee of the
				  hospice shall do all of the following:
(a) The
				  hospice shall obtain an annual inspection of the facility by the local fire
				  authority or certified fire inspector and shall retain fire inspection reports
				  for 2 years.
(b) The hospice shall
				  provide to the emergency preparedness authority a copy of the facility written
				  plan of orderly evacuation of patients in the event of fire.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 131 - Hospices › Subchapter V - Physical Environment › Section DHS 131.40 - Plans for new construction and alterations

Current through June 24, 2024
(1) DEFINITION. In
				  this section, "alteration" has the meaning provided in s.
				  SPS
				  361.05(1) International Building
				  Code, Sec. 202.
(2) SIGNING AND
				  SEALING. Construction documents submitted to the department for review shall be
				  prepared, signed and sealed as required by ch. 443, Stats., and s. A-E
				  2.02.
(3) CONTENTS AND INFORMATION.
(a)
1.
				  Construction documents submitted to the department for review shall be
				  dimensioned and drawn to scale.
2.
				  The scale used for the construction documents shall be indicated on the
				  documents.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 131 - Hospices › Subchapter V - Physical Environment › Section DHS 131.41 - Plan review

Current through June 24, 2024
(1) Before the start of any construction or
				  alteration project for a hospice, the plans for the construction or alteration
				  shall be submitted to the department, pursuant to s. DHS 131.40, for review and
				  approval by the department.
(2) The
				  department shall review hospice construction and alteration plans for
				  compliance with all of the following:
(a) This
				  chapter.
(b) The Wisconsin
				  Commercial Building Code, chs.
				  SPS
				  361 to 366, with the exception of 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) 2012 edition of the Life Safety Code NFPA
				  101.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 131 - Hospices › Subchapter V - Physical Environment › Section DHS 131.42 - 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. 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
				  schedule under sub. (2).
(2) FEE
				  BASED ON PROJECT DOLLAR VALUE
Project Dollar Value
Fee
Less Than $4,999
$125
$5,000 - $12,249
$175
$12,500 - $24,999
$375
$25,000 - $49,999
$475
$50,000 - $99,999
$625
$100,000 - $249,999
$775
$250,000 - $499,999
$925
$500,000 - $749,999
$1,175
$750,000 - $999,999
$1,550
$1,000,000 - $2,499,999
$2,350
$2,500,000 - $4,999,999
$4,675
$5,000,000 - $9,999,999
$6,250
$10,000,000 - $19,999,999
$12,500
$20,000,000 And Over
$20,000
(3)
				  OTHER FEE PROVISIONS RELATED TO REVIEW OF PLANS.
(a)
Fee for miscellaneous
				  plans.
The fee for a miscellaneous plan review and inspection shall be
				  $250. Miscellaneous plans are plans that have no building or heating,
				  ventilation and air conditioning plan submissions and for which there may not
				  be an associated area. Miscellaneous plans include:
1. Footing and foundation plans submitted
				  prior to the submission of the building plans;
2. Structural plans submitted as independent
				  projects, such as docks or, antennae; and
3. Plans for any building
				  component.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter I - General › Section DHS 132.11 - Statutory authority

Current through June 24, 2024
This chapter is promulgated under the authority of ss.
					 49.498(14),
					 49.499(2m),
					 50.02,
					 50.03,
					 50.095,
					 and
					 50.098,
					 Stats., to provide conditions of licensure for nursing homes.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter I - General › Section DHS 132.12 - Scope

Current through June 24, 2024
All nursing homes licensed under s.
					 50.03,
					 Stats., are subject to all the provisions of this chapter, except for those
					 provisions that apply only to particular licensure categories, and except for
					 those nursing homes regulated by ch. DHS 134. Nursing homes include those owned
					 and operated by the state, counties, municipalities, or other public bodies.
					 Nursing homes are also subject to the provisions in ch. 50, Stats., and chs.
					 SPS
					 361 to 365, except s.
					 SPS
					 361.31(3). Federally certified
					 nursing homes are also subject to the provisions contained in 42 CFR
					 483.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter I - General › Section DHS 132.13 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Abuse" has the meaning specified under
				  s.
				  DHS 13.03
				  (1).
(1m) "Advanced practice nurse prescriber"
				  means a person who has been granted a certificate to issue prescription orders
				  under s. 441.16 (2),
				  Stats.
(2m) "Authorized prescriber"
				  means a person licensed in this state to prescribe medications, treatments or
				  rehabilitative therapies, or licensed in another state and recognized by this
				  state as a person authorized to prescribe medications, treatments or
				  rehabilitative therapies.
(3)
				  "Department" means the Wisconsin department of health services.
(4) "Developmental disability" means
				  intellectual disability or a related condition, such as cerebral palsy,
				  epilepsy or autism, but excluding mental illness and degenerative brain
				  disorder, 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 132 - Nursing Homes › Subchapter I - General › Section DHS 132.14 - Licensure

Current through June 24, 2024
(1) CATEGORIES. Nursing homes shall elect one
				  of the following categories of licensure:
(a)
				  Skilled nursing facility; or
(b)
				  Intermediate care facility.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter I - General › Section DHS 132.16 - Quality assurance and improvement projects

Current through June 24, 2024
(1) FUNDS. Pursuant
				  to ss.
				  49.499(2m)
				  and
				  50.04(8),
				  Stats., the department may, from the appropriation under s.
				  20.435(6)
				  (g), Stats., distribute funds for innovative
				  projects designed to protect the property and the health, safety, and welfare
				  of residents in a facility and to improve the efficiency and cost effectiveness
				  of the operation of a facility so as to improve the quality of life, care, and
				  treatment of its residents.
(2)
				  QUALITY ASSURANCE AND IMPROVEMENT COMMITTEE.
(a) The department shall establish and
				  maintain a quality assurance and improvement committee to review proposals and
				  award funds to facilities for innovative projects approved by the committee
				  under sub. (3).
(b)
1. Committee members shall be appointed by
				  the secretary for a term of up to 12 months and include, at the secretary's
				  discretion, one or more representatives from the department, the board on aging
				  and long term care, disability, aging and long term care advocates, facilities,
				  and other persons with an interest or expertise in quality improvement or
				  delivery of long term care services. Facility members shall comprise at least
				  half of the committee membership.
2. A representative's term may be extended at
				  the secretary's discretion.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter II - Enforcement › Section DHS 132.21 - Waivers and variances

Current through June 24, 2024
(1) DEFINITIONS. As used in this section:
(a) "Waiver" means the grant of an exemption
				  from a requirement of this chapter.
(b) "Variance" means the granting of an
				  alternate requirement in place of a requirement of this chapter.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter III - Residents' Rights and Protections › Section DHS 132.31 - Rights of residents

Current through June 24, 2024
(1) RESIDENTS' RIGHTS. Every resident shall
				  have the right to all of the following:
(d)
Admission information.
Be fully informed in writing, prior to
				  or at the time of admission, of all services and the charges for these
				  services, and be informed in writing, during the resident's stay, of any
				  changes in services available or in charges for services, as follows:
1. No person may be admitted to a facility
				  without that person or that person's guardian or any other responsible person
				  designated in writing by the resident signing an acknowledgement of having
				  received a statement of information before or on the day of admission which
				  contains at least the following information or, in the case of a person to be
				  admitted for short-term care, the information required under s.
				  DHS
				  132.70(3):
a. An accurate description of the basic
				  services provided by the facility, the rate charged for those services, and the
				  method of payment for them;
b.
				  Information about all additional services regularly offered but not included in
				  the basic services. The facility shall provide information on where a statement
				  of the fees charged for each of these services can be obtained. These
				  additional services include pharmacy, x-ray, beautician and all other
				  additional services regularly offered to residents or arranged for residents by
				  the facility;
c. The method for
				  notifying residents of a change in rates or fees;
d. Terms for refunding advance payments in
				  case of transfer, death or voluntary or involuntary discharge;
e. Terms of holding and charging for a bed
				  during a resident's temporary absence;
f. Conditions for involuntary discharge or
				  transfer, including transfers within the facility;
g. Information about the availability of
				  storage space for personal effects; and
h. A summary of residents' rights recognized
				  and protected by this section and all facility policies and regulations
				  governing resident conduct and responsibilities.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter III - Residents' Rights and Protections › Section DHS 132.33 - Housing residents in locked units

Current through June 24, 2024
(1) DEFINITIONS. As
				  used in this section:
(a) "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.
(b) "Consent" means a
				  written, signed request given without duress by a resident capable of
				  understanding the nature of the locked unit, the circumstances of one's
				  condition, and the meaning of the consent to be given.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter IV - Management › Section DHS 132.41 - Administrator

Current through June 24, 2024
(1) STATUTORY REFERENCE. Section
				  50.04(2),
				  Stats., requires that a nursing home be supervised by an administrator licensed
				  under ch. 456, Stats. Supervision shall include, but not be limited to, taking
				  all reasonable steps to provide qualified personnel to assure the health,
				  safety, and rights of the residents.
(2) FULL-TIME ADMINISTRATOR. Every nursing
				  home shall be supervised full-time by an administrator licensed under ch. 456,
				  Stats., except:
(a)
Multiple
				  facilities.
If more than one nursing home or other licensed health
				  care facility is located on the same or contiguous property, one full-time
				  administrator may serve all the facilities;
(b)
Small homes.
A facility
				  licensed for 50 beds or less shall employ an administrator for at least 4 hours
				  per day on each of 5 days per week. No such administrator shall be employed in
				  more than 2 nursing homes or other health care facilities.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter IV - Management › Section DHS 132.42 - Employees

Current through June 24, 2024
(1) DEFINITION. In this section, "employee"
				  means anyone directly employed by the facility on other than a consulting or
				  contractual basis.
(3) PHYSICAL
				  HEALTH CERTIFICATIONS.
(a)
New
				  employees.
Every employee shall be certified in writing by a
				  physician, physician assistant or an advanced practice nurse prescriber as
				  having been screened for the presence of clinically apparent communicable
				  disease that could be transmitted to residents during the normal performance of
				  the employee's duties. This certification shall include screening for
				  tuberculosis within 90 days prior to employment.
(b)
Continuing employees.
Employees shall be rescreened for clinically apparent communicable disease as
				  described in par. (a) based on the likelihood of exposure to a communicable
				  disease, including tuberculosis. Exposure to a communicable disease may be in
				  the facility, in the community or as a result of travel or other exposure.
(c)
Non-employees.
Persons who reside in the facility but are not
				  residents or employees, such as relatives of the facility's owners shall be
				  certified in writing as required in pars. (a) and (b).
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter IV - Management › Section DHS 132.44 - Employee development

Current through June 24, 2024
(1) NEW EMPLOYEES.
(a)
Orientation for all
				  employees.
Except in an emergency, before performing any duties, each
				  new employee, including temporary help, shall receive appropriate orientation
				  to the facility and its policies, including, but not limited to, policies
				  relating to fire prevention, accident prevention, and emergency procedures. All
				  employees shall be oriented to residents' rights under s.
				  DHS 132.31
				  and to their position and duties by the time they have worked 30
				  days.
(b)
Assignments.
employees shall be assigned only to resident care
				  duties consistent with their training.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter IV - Management › Section DHS 132.45 - Records

Current through June 24, 2024
(1) GENERAL. The administrator or
				  administrator's designee shall provide the department with any information
				  required to document compliance with ch. DHS 132 and ch. 50, Stats., and shall
				  provide reasonable means for examining records and gathering the
				  information.
(2) PERSONNEL RECORDS.
				  A separate record of each employee shall be maintained, be kept current, and
				  contain sufficient information to support assignment to the employee's current
				  position and duties.
(3) MEDICAL
				  RECORDS - STAFF. Duties relating to medical records shall be completed in a
				  timely manner.
(4) MEDICAL RECORDS
				  - GENERAL.
(c)
Unit record.
A unit record shall be maintained for each resident and day care
				  client.
(f)
Retention and
				  destruction.
1. An original medical
				  record and legible copy or copies of court orders or other documents, if any,
				  authorizing another person to speak or act on behalf of this resident shall be
				  retained for a period of at least 5 years following a resident's discharge or
				  death when there is no requirement in state law. All other records required by
				  this chapter shall be retained for a period of at least 2 years.
2. A facility shall arrange for the storage
				  and safekeeping of records for the periods and under the conditions required by
				  this paragraph in the event the facility closes.
3. If the ownership of a facility changes,
				  the medical records and indexes shall remain with the facility.
(g)
Records
				  documentation.
1. All entries in
				  medical records shall be accurate, legible, permanently recorded, dated, and
				  authenticated with the name and title of the person making the entry.
2. A rubber stamp reproduction or electronic
				  representation of a person's signature may be used instead of a handwritten
				  signature, if:
a. The stamp or electronic
				  representation is used only by the person who makes the entry; and
b. The facility possesses a statement signed
				  by the person, certifying that only that person shall possess and use the stamp
				  or electronic representation.
3. Symbols and abbreviations may be used in
				  medical records if approved by a written facility policy which defines the
				  symbols and abbreviations and which controls their use.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter IV - Management › Section DHS 132.46 - Quality assessment and assurance

Current through June 24, 2024
(1) COMMITTEE
				  MAINTENANCE AND COMPOSITION. A facility shall maintain a quality assessment and
				  assurance committee for the purpose of identifying and addressing quality of
				  care issues. The committee shall be comprised of at least all of the following
				  individuals:
(a) The director of nursing
				  services.
(b) The medical director
				  or a physician designated by the facility.
(c) At least 3 other members of the
				  facility's staff.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter V - Admissions, Retentions and Removals › Section DHS 132.51 - Limitations on admissions and programs

Current through June 24, 2024
(1) LICENSE
				  LIMITATIONS.
(a)
Bed
				  capacity.
No facility may house more residents than the maximum bed
				  capacity for which it is licensed. Persons participating in a day care program
				  are not residents for purposes of this chapter.
(b)
Care levels.
1. No person who requires care greater than
				  that which the facility is licensed to provide may be admitted to or retained
				  in the facility.
2. No resident
				  whose condition changes to require care greater than that which the facility is
				  licensed to provide shall be retained.
(c)
Other conditions.
The
				  facility shall comply with all other conditions of the
				  license.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter V - Admissions, Retentions and Removals › Section DHS 132.52 - Procedures for admission

Current through June 24, 2024
(2) PHYSICIAN'S
				  ORDERS. No person may be admitted as a resident except upon:
(a) Order of a physician;
(b) Receipt of information from a physician,
				  before or on the day of admission, about the person's current medical condition
				  and diagnosis, and receipt of a physician's initial plan of care and orders
				  from a physician for immediate care of the resident; and
(c) Receipt of certification in writing from
				  a physician, physician assistant or advanced practice nurse prescriber that the
				  individual has been screened for the presence of clinically apparent
				  communicable disease that could be transmitted to other residents or employees,
				  including screening for tuberculosis within 90 days prior to admission, or a
				  physician, physician assistant or advanced practice nurse prescriber has
				  ordered procedures to treat and limit the spread of any communicable diseases
				  the individual may be found to have.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter V - Admissions, Retentions and Removals › Section DHS 132.53 - Transfers and discharges

Current through June 24, 2024
(1) SCOPE. This
				  section shall apply to all resident transfers and discharges, except that in
				  the event of conflict with s.
				  49.45(6c) (c)
				  and (d),
				  49.498(4)
				  or
				  50.03(5m) or
				  (14), Stats., the relevant statutory
				  requirement shall apply.
(2)
				  CONDITIONS.
(a)
Prohibition and
				  exceptions.
No resident may be discharged or transferred from a
				  facility, except:
1. Upon the request or with
				  the informed consent of the resident or guardian;
2. For nonpayment of charges, following
				  reasonable opportunity to pay any deficiency;
3. If the resident requires care other than
				  that which the facility is licensed to provide;
4. If the resident requires care which the
				  facility does not provide and is not required to provide under this
				  chapter;
5. For medical reasons as
				  ordered by a physician;
6. In case
				  of a medical emergency or disaster;
7. If the health, safety or welfare of the
				  resident or other residents is endangered, as documented in the resident's
				  clinical record;
8. If the resident
				  does not need nursing home care;
9.
				  If the short-term care period for which the resident was admitted has expired;
				  or
10. As otherwise permitted by
				  law.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter V - Admissions, Retentions and Removals › Section DHS 132.54 - Transfer within the facility

Current through June 24, 2024
Prior to any transfer of a resident between rooms or beds
					 within a facility, the resident or guardian, if any, and any other person
					 designated by the resident shall be given reasonable notice and an explanation
					 of the reasons for transfer. Transfer of a resident between rooms or beds
					 within a facility may be made only for medical reasons or for the resident's
					 welfare or the welfare of other residents or as permitted under s.
					 DHS 132.31(1)
					 (p) 1
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter VI - Services › Section DHS 132.60 - Resident care

Current through June 24, 2024
(1) INDIVIDUAL CARE. Unless it is in conflict
				  with the plan of care, each resident shall receive care based upon individual
				  needs.
(a)
Hygiene.
1. Each resident shall be kept comfortably
				  clean and well-groomed.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter VI - Services › Section DHS 132.61 - Medical services

Current through June 24, 2024
Every skilled care facility shall retain, pursuant to a
					 written agreement, a physician to serve as medical director on a part-time or
					 full-time basis as is appropriate for the needs of the residents and the
					 facility. Medical direction and coordination of medical care in the facility
					 shall be provided by the medical director.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter VI - Services › Section DHS 132.62 - Nursing services

Current through June 24, 2024
(1) DEFINITIONS. "Nursing personnel" means
				  nurses, nurse aides, nursing assistants, and orderlies.
(2) NURSING ADMINISTRATION.
(a)
Director of nursing services in
				  skilled care and intermediate care facilities.
1. `Staffing requirement.' Every skilled care
				  facility and every intermediate care facility shall employ a full-time director
				  of nursing services who may also serve as a charge nurse in accordance with
				  par. (b).
2. `Qualifications.' The
				  director of nursing services shall be a registered nurse.
3. `Duties.' The director of nursing services
				  shall be responsible for:
a. Supervising the
				  functions, activities and training of the nursing personnel;
b. Developing and maintaining standard
				  nursing practice, nursing policy and procedure manuals, and written job
				  descriptions for each level of nursing personnel;
c. Coordinating nursing services with other
				  resident services;
d. Designating
				  the charge nurses provided for by this section;
e. Being on call at all times, or designating
				  another registered nurse to be on call, when no registered nurse is on duty in
				  the facility; and
f. Ensuring that
				  the duties of nursing personnel shall be clearly defined and assigned to staff
				  members consistent with the level of education, preparation, experience, and
				  licensing of each.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter VI - Services › Section DHS 132.63 - Dietary service

Current through June 24, 2024
(1) DIETARY SERVICE. The facility shall
				  provide each resident a nourishing, palatable, well-balanced diet that meets
				  the daily nutritional and special dietary needs of each resident.
(2) STAFF.
(a)
Dietitian.
The nursing
				  home shall employ or retain on a consultant basis a dietitian to plan, direct
				  and ensure implementation of dietary service functions.
(b)
Director of food
				  services.
1. The nursing home shall
				  designate a person to serve as the director of food services. A qualified
				  director of food services is a person responsible for implementation of dietary
				  service functions in the nursing home and who meets any of the following
				  requirements:
a. Is a dietitian.
b. Has completed at least a course of study
				  in food service management approved by the dietary managers association or an
				  equivalent program.
c. Holds an
				  associate degree as a dietetic technician from a program approved by the
				  American dietetics association.
2. If the director of food services is not a
				  dietitian, the director of food services shall consult with a qualified
				  dietitian on a frequent and regularly scheduled basis.
Note:
For inservice training requirements, see
					 s.
					 DHS 132.44(2)
					 (b).
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter VI - Services › Section DHS 132.64 - Rehabilitative services

Current through June 24, 2024
(1) PROVISION OF
				  SERVICES. Each facility shall either provide or arrange for, under written
				  agreement, specialized rehabilitative services as needed by residents to
				  improve and maintain functioning.
(2) SERVICE PLANS AND RESTRICTIONS.
(b)
Report to physician.
Within 2 weeks of the initiation of rehabilitative treatment, a report of the
				  resident's progress shall be made to the physician.
(c)
Review of plan.
Rehabilitative services shall be re-evaluated at least quarterly by the
				  physician and therapists, and the plan of care updated as necessary.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter VI - Services › Section DHS 132.65 - Pharmaceutical services

Current through June 24, 2024
(1) DEFINITIONS. As
				  used in this section:
(a) "Medication" has
				  the same meaning as the term "drug" defined in s.
				  450.06,
				  Stats.
(b) "Prescription
				  medication" has the same meaning as the term "prescription drug" defined in s.
				  450.07,
				  Stats.
(c) "Schedule II drug" means
				  any medication listed in s.
				  961.16,
				  Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter VI - Services › Section DHS 132.67 - Dental services

Current through June 24, 2024
(1) ADVISORY DENTIST. The facility shall
				  retain an advisory dentist to participate in the staff development program for
				  nursing and other appropriate personnel and to recommend oral hygiene policies
				  and practices for the care of residents.
(3) DENTAL EXAMINATION OF RESIDENTS. Every
				  resident shall have a dental examination by a licensed dentist within 6 months
				  after admission unless a dental examination has been performed within 6 months
				  before admission. Subsequent dental health care shall be provided or arranged
				  for the resident as needed.
For record requirements, see s.
						DHS
						132.45; for dentists' orders, see s.
						DHS
						132.60(5); for staff development
						programs about dental practices, see s.
						DHS
						132.44(2).
Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 132 - Nursing Homes › Subchapter VI - Services › Section DHS 132.68 - Social services

Current through June 24, 2024
(1) PROVISION OF SERVICES. Each facility
				  shall provide for social services in conformance with this section.
(2) STAFF.
Social worker.
Each facility shall employ or retain a person full-time or part-time to
				  coordinate the social services, to review the social needs of residents, and to
				  make referrals.
(3) ADMISSION
				  HISTORY. The facility shall prepare a social history of each
				  resident.
(4) CARE PLANNING. A
				  social services component of the plan of care, including potential for
				  discharge, if appropriate, shall be developed and included in the plan of care
				  required by s.
				  DHS
				  132.60(8) (a).
(5) SERVICES. Social services staff shall
				  provide the following:
(a)
Referrals.
If necessary, referrals for guardianship
				  proceedings, or to appropriate agencies in cases of financial, psychiatric,
				  rehabilitative or social problems which the facility cannot serve;
(b)
Adjustment assistance.
Assistance with adjustment to the facility, and continuing assistance to and
				  communication with the resident, guardian, family, or other responsible
				  persons;
(c)
Discharge
				  planning.
Assistance to other facility staff and the resident in
				  discharge planning at the time of admission and prior to removal under this
				  chapter; and
(d)
Training.
Participation in inservice training for direct care
				  staff on the emotional and social problems and needs of the aged and ill and on
				  methods for fulfilling these needs.