Wisconsin Administrative Code

DHS 133.03 Licensure. (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 …

DHS 133.04 Inspections. (1) REGULAR SURVEYS. The department may make any inspections and investigations it considers necessary, including review of clinical and administrative records, subject only to restrictions of law. (2) COMPLAINTS. The department may investigate any com- DH…

DHS 133.05 Governance. Each home health agency shall have a governing body which shall: (1) Adopt governing policies in the form of by-laws, charter, written policies or other official means; (2) Adopt a statement detailing the services to be provided; (3) Oversee the management …

DHS 133.06 Administration. (1) ADMINISTRATOR. The home health agency shall be administered by an administrator who shall be a licensed physician, a registered nurse, or a person who has had training and experience in health care administration and at least one year of supervisory…

DHS 133.07 Evaluation. (1) REQUIREMENT. An evaluation of the home health agency's total program shall be conducted at least once a year by the home health agency staff and consumers. (2) METHOD OF EVALUATION. The agency shall establish methods to determine whether the established…

DHS 133.08 Patient rights. (1) SERVICE APPLICANT. The home health agency shall promptly determine the applicant’s suitability for services and, if the applicant is accepted, shall promptly provide services to the individual. If the applicant is the chapter was last published. 5 D…

DHS 133.09 Acceptance and discharge of patients. (1) ACCEPTANCE OF PATIENTS. A patient shall be accepted for service on the basis of a reasonable expectation that the patient’s medical, nursing and social needs can be met adequately by the home health agency. No patient may be pr…

DHS 133.10 Services provided. (1) REQUIRED SERVICES. The home health agency shall directly provide or arrange for at least part-time or intermittent nursing services and provide or arrange for home health aide services. (2) OPTIONAL SERVICES. In addition to the services required …

DHS 133.11 Referrals. When patients have needs which the home health agency cannot meet, the home health agency shall refer these patients to other agencies, social service organizations, or governmental units which are appropriate for unmet needs of the patients and which may be…

DHS 133.12 Coordination with other providers. The home health agency shall coordinate its services with any other health or social service providers serving the patient. History: Cr. Register, May, 1984, No. 341, eff. 6-1-84.

DHS 133.13 Emergency notification. Home health agency personnel shall promptly notify a patient’s physician, advanced practice nurse prescriber, physician assistant, or other appropriate medical personnel and guardian, if any, of any significant changes observed or reported in th…

DHS 133.14 Skilled nursing services. (1) PROVISION OF SERVICES. Skilled nursing services shall be provided by or under the supervision of a registered nurse. (2) DUTIES OF THE REGISTERED NURSE. The registered nurse shall: (a) Make the initial evaluation visit to the patient. (b) …

DHS 133.15 Therapy services. (1) PROVISION OF SERPhysical therapy, occupational therapy, speech therapy, and other therapy services provided directly by the home health agency or arranged for under s. DHS 133.19, shall be given in accordance with the plan of care developed under …

DHS 133.16 Medical social services. If offered, medical social services shall be provided by a social worker in accordance with the plan of care developed under s. DHS 133.20. Individuals providing these services shall perform the duties under s. DHS 133.14 (2) (c), (f), (h) and …

DHS 133.17 Home health aide services. (1) PROVIWhen a home health agency provides or arranges for home health aide services, the services shall be given in accordance with the plan of care provided for under s. DHS 133.20, and shall be supervised by a registered nurse or, when ap…

DHS 133.18 Supervisory visits. (1) If a patient receives skilled nursing care, a registered nurse shall make a supervisory visit to each patient’s residence at least every 2 weeks. The visit may be made when the home health aide is present or when the home health aide is absent. …

DHS 133.19 Services under contract. (1) TERMS. A written contract shall be required for health care services purchased on an hourly or per visit basis or by arrangement with another provider. The contract shall contain: (a) A statement that patients are accepted for care only by …

DHS 133.20 Plan of care. (1) REQUIREMENT. A plan of care, including physician’s, advanced practice nurse prescriber’s, or physician assistant’s orders, shall be established for every patient accepted for care and shall be incorporated in the patient’s medical record. An initial p…

DHS 133.21 Medical records. (1) REQUIREMENT. A medical record shall be maintained on each patient and shall be completely and accurately documented, systematically organized and readily accessible to authorized personnel. (2) SECURITY. Medical record information shall be safeguar…

DHS 134.11 Authority and purpose. This chapter is promulgated under the authority of s. 50.02 (2) and (3), Stats., to provide conditions of licensure for facilities that primarily serve people with developmental disabilities who require active treatment. This chapter is intended …

DHS 134.12 Scope. (1) APPLICABILITY. All facilities that provide care primarily for people with developmental disabilities who require active treatment, including facilities owned and operated by the state, a county, a municipality or another public body, are subject to this chap…

DHS 134.13 Definitions. In this chapter: (1) “Abuse” has the meaning specified under s. DHS 13.03 (1). (2) “Active treatment” means an ongoing, aggressive and consistently applied program of training and treatment services to allow the client to function as independently as possi…

DHS 134.14 Licensure. (1) APPLICATION. Application for a license to operate an FDD shall be made on a form provided by the department. Note: To obtain a copy of the application form for a license to operate an FDD, write: Division of Quality Assurance, P.O. Box 2969, Madison, Wis…

DHS 134.31 Rights of residents. (1) FACILITY OBLIAll facilities shall comply with the requirements governing residents’ rights enumerated in s. 50.09, Stats., and this chapter. Facilities shall have written policies and procedures to ensure that staff recognize that residents hav…

DHS 134.32 Community organization access. (1) ACCESS. (a) Definition. In this section, “access” means the right of a community organization to: 1. Enter any facility; 2. Ask a resident’s permission to communicate privately and without restriction with the resident; 3. Communicate…

DHS 134.33 Housing residents in locked units. (1) DEFINITIONS. In this section: (a) “Consent” means a written, signed request given without duress by a resident capable of understanding the nature of the locked unit, the circumstances of his or her condition and the meaning of th…

DHS 134.41 Administrator. (1) ADMINISTRATOR’S RESPONSIBILITY. The administrator is responsible for the total operation of the facility and shall provide the supervision necessary to ensure that the residents receive proper care and treatment, that their health and safety are prot…

DHS 134.42 Qualified intellectual disabilities professional (QIDP). (1) Every facility shall have at least one 8 qualified intellectual disabilities professional on staff in addition to the administrator, except that in a facility with 50 or fewer beds the administrator, if quali…

DHS 134.44 Employees and other service providers. (1) DEFINITION. In this section, “employee” means anyone directly employed by the facility. (2) QUALIFICATIONS AND RESTRICTIONS. (a) No person under 16 years of age may be employed by the facility to provide direct care to residen…

DHS 134.45 Employee development. (1) ORIENTAExcept in an emergency, before a new employee, including a temporary employee, performs any duties, he or she shall be oriented to the facility and its policies, including policies and procedures concerning fire prevention, accident pre…

DHS 134.46 Abuse of residents. (1) CONSIDERATE Employees and all other persons with whom residents come into contact shall treat the residents with courtesy, respect and full recognition of their dignity and individuality and shall give them considerate care and treatment at all …

DHS 134.47 Records. (1) DEPARTMENT ACCESS. The administrator of a facility or the administrator’s designee shall provide the department with any information the department needs to determine if the facility is in compliance with chs. 50, 51 and 55, Stats., and this chapter and sh…

DHS 134.51 Limitations on admissions and retentions. (1) LIMITATIONS ON ADMISSION. (a) Bed capacity. No facility may admit or retain more persons than the maximum bed capacity for which it is licensed. (b) Persons requiring unavailable services. 1. Persons who require services th…

DHS 134.52 Admission-related requirements. (1) EXCEPTION. The procedures in this section apply to all persons admitted to facilities except persons admitted for short-term care. Section DHS 134.70 (2) applies to persons admitted for shortterm care. (2) CONDITIONS FOR ADMISSION. A…

DHS 134.53 Removal from the facility. (1) SCOPE. The provisions of this section shall apply to all transfers, discharges and leaves of residents from facilities except that the removal of residents when a facility closes is governed by s. 50.03 (14), Stats. (2) REASONS FOR REMOVA…

DHS 134.54 Transfer within the facility. 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 or guardian shall be given reasonable notice and an explanation of the reasons f…

DHS 134.60 Resident care. (1) RESIDENT CARE PLAN(a) Interdisciplinary team. 1. An interdisciplinary team shall develop a resident’s individual program plan. 2. Membership on the interdisciplinary team for resident care planning may vary based on the professions, disciplines and s…

DHS 134.61 Nursing services. (1) REQUIRED SERVICES. All facilities shall provide residents with nursing services in accordance with the needs of the residents. These services shall include: (a) The development, review, and updating of an IPP as part of the interdisciplinary team …

DHS 134.62 Professional program services. (1) PROVISION OF SERVICES. All facilities shall have or arrange for professional program services staff to implement the active treatment program defined in a resident’s individual program plan (IPP). Professional program staff shall work…

DHS 134.64 Dietetic services. (1) SERVICES. Facilities shall provide or contract for dietetic services which meet the requirements of this section. Services shall include: DHS 134.64 (a) Planning menus that provide nutritionally adequate diets to all residents; (b) Initiating foo…

DHS 134.65 Dental services. (1) FORMAL ARRANGEMENTS. The facility shall have a formal written arrangement with dental service providers to provide the dental services required for each resident under this section. The services shall be provided by personnel licensed or certified …

DHS 134.66 Medical services. (1) MEDICAL SERVICES - GENERAL. A facility shall have written agreements with health care providers to provide residents with 24-hour medical services, including emergency care. (2) PHYSICIAN SERVICES. (a) Attending physician. 1. Each resident shall b…

DHS 134.67 Pharmaceutical services. (1) DEFINITIONS. In this section: (a) “Medication” has the meaning prescribed for “drug” in s. 450.06, Stats. (b) “Prescription medication” has the meaning prescribed for “prescription drug” in s. 450.07, Stats. (c) “Schedule II drug” means any…

DHS 134.68 Laboratory, radiologic and blood services. (1) DIAGNOSTIC SERVICES. (a) Facilities shall provide or promptly obtain laboratory, radiologic and other diagnostic services needed by residents. (b) Any laboratory and radiologic services provided by a facility shall meet th…

DHS 134.70 Special requirements when persons are admitted for short-term care. (1) SCOPE. Facilities that admit persons for short-term care may use the procedures included in this section rather than the procedures included in ss. DHS 134.52 and 134.60 (1). The requirements in th…

DHS 134.71 Furniture, equipment and supplies. (1) FURNITURE IN RESIDENT CARE AREAS. (a) Beds. 1. The facility shall provide each resident with a separate bed of proper size and height for the convenience of the resident. The bed shall be in good repair and have a headboard of stu…

DHS 134.72 Safety and sanitation. (1) GENERAL REQUIREMENT. Facilities shall develop and implement policies that provide for a safe and sanitary environment for residents and personnel at all times. (2) CLEANING AND REPAIR. (a) General. Facilities shall be kept clean and free from…