Wisconsin Administrative Code › Department of Health Services › DHS 110-199 - Health › Chapter DHS 133 - Home Health Agencies › Section DHS 133.03 - Licensure

Current through June 24, 2024
(1) LICENSE REQUIREMENT. No person, firm,
				partnership, association, corporation, receiver, political subdivision of the
				state or other governmental agency may establish, operate, or maintain a home
				health agency, or represent and advertise by any means that it operates a home
				health agency providing services within the state without first obtaining a
				license from the department.
(2)
				MULTIPLE UNITS. Multiple units of a licensed agency shall be separately
				licensed if the department determines that the units, because of the volume of
				services provided or the distance between them and the central office, cannot
				adequately share supervision and administration of services with the central
				office. If a branch agency is not separately licensed from a parent agency, the
				parent agency shall be deemed to be in violation of this chapter if the branch
				is in violation.
(3) APPLICATION.
				Application for a license to operate a home health agency shall be made on a
				form provided by the department, shall be accompanied by a nonrefundable fee of
				$300, and shall include at least the following information:
(a) Name and address of applicant;
(b) For all incorporated applicants, the date
				and the state of incorporation, a copy of the articles of incorporation, tax
				status and, if a foreign corporation, evidence of authority to do business in
				Wisconsin;
(c) The location of the
				home health agency and branch offices;
(d) The name, principal business address and
				the percentage of ownership interest of all officers, directors, stockholders
				owning 10% or more of stock, members, partners, and all other persons having
				authority or responsibility for the operation of the agency;
(e) Proof of sufficient financial
				responsibility as may be necessary to operate the agency for at least 90
				days;
(f) A description of the
				nature, type and scope of service to be provided, including geographic area to
				be served;
(g) Name, identification
				and qualifications of the administrator; and
(h) Name, identification, and qualifications
				of the substitute administrator required by s.
				DHS
				133.05(1) (e).
(i) The department may use any of the
				following information to determine that a home health agency applicant or owner
				is fit and qualified:
1. Any adverse action
				against a home health agency applicant or owner by a licensing agency of any
				state that resulted in denial, suspension, injunction, or revocation of a
				health care agency or health care facility license.
2. Any adverse action initiated by a state or
				federal agency based on non-compliance that resulted in civil money penalties,
				termination of a provider agreement, suspension of payments, or the appointment
				of temporary management of the facility.
3. Any conviction of the applicant for a
				crime involving neglect or abuse of patients or of the elderly or involving
				assaultive behavior or wanton disregard for the health or safety of others, or
				any act of abuse under ss.
				940.285
				or
				940.295,
				Stats.
4. Any conviction of a home
				health agency applicant or owner for a crime related to the delivery of health
				care services or items, or for providing health care without a
				license.
5. Any conviction of a
				home health agency applicant or owner for a crime involving a controlled
				substance under ch. 961, Stats.
6.
				Any conviction of a home health agency applicant or owner for a crime involving
				a sexual offense.
7. Any prior
				financial failure of a home health agency applicant or owner that resulted in
				bankruptcy or in the closing of a health care agency or health care facility or
				the relocation or discharge of a health care agency's or health care facility's
				patients.
8. Any unsatisfied
				judgment against a home health agency applicant or owner or any debts that are
				at least 90 days past due.
Note: To obtain a copy of the license application form, send
				  your request to the Division of Quality Assurance, P.O. Box 2969, Madison,
				  Wisconsin 53701-2969. The street address is 1 W. Wilson Street in Madison. The
				  e-mail address is: Plicnsghomesfdds@dhs.wisconsin.gov. The completed
				  application form should be sent to the same office.