Chapter DHS 132

DHS 132.45(5)(c)1. 1. A history and assessment of the resident’s nursing needs as required by s. DHS 132.52;

DHS 132.45(5)(c)2. 2. Initial care plan as required by s. DHS 132.52 (4), and the care plan required by s. DHS 132.60 (8);

DHS 132.45(5)(c)3. 3. Nursing notes are required as follows:

DHS 132.45(5)(c)3.a. a. For residents requiring skilled care, a narrative nursing note shall be required as often as needed to document the resident’s condition, but at least weekly; and

DHS 132.45(5)(c)3.b. b. For residents not requiring skilled care, a narrative nursing note shall be required as often as needed to document the resident’s condition, but at least every other week;

DHS 132.45(5)(c)4. 4. In addition to subds. 1., 2., and 3., nursing documentation describing:

DHS 132.45(5)(c)4.a. a. The general physical and mental condition of the resident, including any unusual symptoms or actions;

DHS 132.45(5)(c)4.b. b. All incidents or accidents including time, place, details of incident or accident, action taken, and follow-up care;

DHS 132.45(5)(c)4.c. c. The administration of all medications (see s. DHS 132.60 (5) (d)), the need for PRN medications and the resident’s response, refusal to take medication, omission of medications, errors in the administration of medications, and drug reactions;

DHS 132.45(5)(c)4.d. d. Food and fluid intake, when the monitoring of intake is necessary;

DHS 132.45(5)(c)4.e. e. Any unusual occurrences of appetite or refusal or reluctance to accept diets;

DHS 132.45(5)(c)4.f. f. Summary of restorative nursing measures which are provided;

DHS 132.45(5)(c)4.g. g. Summary of the use of physical and chemical restraints.

DHS 132.45(5)(c)4.h. h. Other non-routine nursing care given;

DHS 132.45(5)(c)4.i. i. The condition of a resident upon discharge; and

DHS 132.45(5)(c)4.j. j. The time of death, the physician called, and the person to whom the body was released.

DHS 132.45(5)(d) (d) Social service records. Notes regarding pertinent social data and action taken.

DHS 132.45(5)(e) (e) Activities records. Documentation of activities programming, a summary of attendance, and quarterly progress notes.

DHS 132.45(5)(f) (f) Rehabilitative services.

DHS 132.45(5)(f)1. 1. An evaluation of the rehabilitative needs of the resident; and

DHS 132.45(5)(f)2. 2. Progress notes detailing treatment given, evaluation, and progress.

DHS 132.45(5)(h) (h) Dental services. Records of all dental services.

DHS 132.45(5)(i) (i) Diagnostic services. Records of all diagnostic tests performed during the resident’s stay in the facility.

DHS 132.45(5)(j) (j) Plan of care. Plan of care required by s. DHS 132.60 (8).

DHS 132.45(5)(k) (k) Authorization or consent. A photocopy of any court order or other document authorizing another person to speak or act on behalf of the resident and any resident consent form required under this chapter, except that if the authorization or consent form exceeds one page in length an accurate summary may be substituted in the resident record and the complete authorization or consent form shall in this case be maintained as required under sub. (6) (i). The summary shall include:

DHS 132.45(5)(k)1. 1. The name and address of the guardian or other person having authority to speak or act on behalf of the resident;

DHS 132.45(5)(k)2. 2. The date on which the authorization or consent takes effect and the date on which it expires;

DHS 132.45(5)(k)3. 3. The express legal nature of the authorization or consent and any limitations on it; and

DHS 132.45(5)(k)4. 4. Any other factors reasonably necessary to clarify the scope and extent of the authorization or consent.

DHS 132.45(5)(L) (L) Discharge or transfer information. Documents, prepared upon a resident’s discharge or transfer from the facility, summarizing, when appropriate:

DHS 132.45(5)(L)1. 1. Current medical findings and condition;

DHS 132.45(5)(L)2. 2. Final diagnoses;

DHS 132.45(5)(L)3. 3. Rehabilitation potential;

DHS 132.45(5)(L)4. 4. A summary of the course of treatment;

DHS 132.45(5)(L)5. 5. Nursing and dietary information;

DHS 132.45(5)(L)6. 6. Ambulation status;

DHS 132.45(5)(L)7. 7. Administrative and social information; and

DHS 132.45(5)(L)8. 8. Needed continued care and instructions.

DHS 132.45(6) (6) Other records. The facility shall retain:

DHS 132.45(6)(a) (a) Dietary records. All menus and therapeutic diets;

DHS 132.45(6)(b) (b) Staffing records. Records of staff work schedules and time worked;

DHS 132.45(6)(c) (c) Safety tests. Records of tests of fire detection, alarm, and extinguishment equipment;

DHS 132.45(6)(d) (d) Resident census. At least a weekly census of all residents, indicating numbers of residents requiring each level of care;

DHS 132.45(6)(e) (e) Professional consultations. Documentation of professional consultations by:

DHS 132.45(6)(e)1. 1. A dietitian, if required by s. DHS 132.63 (2) (b);

DHS 132.45(6)(e)2. 2. A registered nurse, if required by s. DHS 132.62 (2); and

DHS 132.45(6)(e)3. 3. Others, as may be used by the facility;

DHS 132.45(6)(f) (f) Inservice and orientation programs. Subject matter, instructors and attendance records of all inservice and orientation programs;

DHS 132.45(6)(g) (g) Transfer agreements. Transfer agreements, unless exempt under s. DHS 132.53 (4);

DHS 132.45(6)(h) (h) Funds and property statement. The statement prepared upon a resident’s discharge or transfer from the facility that accounts for all funds and property held by the facility for the resident.

DHS 132.45(6)(i) (i) Court orders and consent forms. Copies of court orders or other documents, if any, authorizing another person to speak or act on behalf of the resident.

DHS 132.45 History History: Cr. Register, July, 1982, No. 319, eff. 8-1-82; am. (1) (3) (c) (5) (intro.), (b) 1. intro. and e., 2. a. and d., 3., (c) 1. and 2., (d) 1., (e), (f) 1. and (g), (6) (g), renum. (4) (a) to (e), (5) (e) and (6) (h) to be (4) (c) to (g), (5) (L) and (6) (i) and am. (5) (L), cr. (4) (a) and (b), (5) (e) and (6) (h), Register, January, 1987, No. 373, eff. 2-1-87; CR 04-053: r. and recr. (3) and (5) (d), am. (4) (g) 2. and (5) (e), r. (5) (g) Register October 2004 No. 586, eff. 11-1-04; CR 06-053: r. (4) (a), (b) and (d), (e) and (f) 1. and 3., am. (4) (f) 2. (g) 1., (5) (b) 3. and 5., (c) 4. g., and (6) (h), renum. (4) (f) 2., 4. and 5. to be (4) (f) 1., 2. and 3., Register August 2007 No. 620, eff. 9-1-07.

DHS 132.46 DHS 132.46 Quality assessment and assurance.

DHS 132.46(1) (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:

DHS 132.46(1)(a) (a) The director of nursing services.

DHS 132.46(1)(b) (b) The medical director or a physician designated by the facility.

DHS 132.46(1)(c) (c) At least 3 other members of the facility’s staff.

DHS 132.46(2) (2) Committee responsibilities. The quality assessment and assurance committee shall do all of the following:

DHS 132.46(2)(a) (a) Meet at least quarterly to identify quality of care issues with respect to which quality assessment and assurance activities are necessary.

DHS 132.46(2)(b) (b) Identify, develop and implement appropriate plans of action to correct identified quality deficiencies.

DHS 132.46(3) (3) Confidentiality. The department may not require disclosure of the records of the quality assessment and assurance committee except to determine compliance with the requirements of this section. This paragraph does not apply to any record otherwise specified in this chapter or s. 50.04 (3), 50.07 (1) (c) or 146.82 (2) (a) 5., Stats.

DHS 132.46 History History: CR 04-053: cr. Register October 2004 No. 586, eff. 11-1-04.

subch. V of ch. DHS 132 Subchapter V — Admissions, Retentions and Removals

DHS 132.51 DHS 132.51 Limitations on admissions and programs.

DHS 132.51(1) (1) License limitations.

DHS 132.51(1)(a) (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.

DHS 132.51(1)(b) (b) Care levels.

DHS 132.51(1)(b)1. 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.

DHS 132.51(1)(b)2. 2. No resident whose condition changes to require care greater than that which the facility is licensed to provide shall be retained.

DHS 132.51(1)(c) (c) Other conditions. The facility shall comply with all other conditions of the license.

DHS 132.51(2) (2) Other limitations on admissions.

DHS 132.51(2)(a) (a) Persons requiring unavailable services. Persons who require services which the facility does not provide or make available shall not be admitted or retained.

DHS 132.51(2)(b) (b) Communicable diseases.

DHS 132.51(2)(b)1. 1. ‘Communicable disease management.’ The nursing home shall have the ability to appropriately manage persons with communicable disease the nursing home admits or retains based on currently recognized standards of practice.

DHS 132.51(2)(b)2. 2. ‘Reportable diseases.’ Facilities shall report suspected communicable diseases that are reportable under ch. DHS 145 to the local public health officer or to the department’s bureau of communicable disease.

DHS 132.51 Note Note: For a copy of ch. DHS 145 which includes a list of the communicable diseases which must be reported, write the Bureau of Public Health, P.O. Box 309, Madison, WI 53701 (phone [phone]). There is no charge for a copy of ch. DHS 145. The referenced publications,“Guideline for Isolation Precautions in Hospitals and Guideline for Infection Control in Hospital Personnel” (HHS Publication No. (CSC) 83-8314) and “Universal Precautions for Prevention of . . . Bloodborne Pathogens in Health Care Settings”, may be purchased from the Superintendent of Documents, Washington D.C. 20402, and is available for review in the office of the Department’s Division of Quality Assurance and the Legislative Reference Bureau.

DHS 132.51(2)(c) (c) Abusive or destructive residents.

DHS 132.51(2)(c)1. 1. Notwithstanding s. DHS 132.13 (1), in this paragraph, “abusive” describes a resident whose behavior involves any single or repeated act of force, violence, harassment, deprivation or mental pressure which does or reasonably could cause physical pain or injury to another resident, or mental anguish or fear in another resident.

DHS 132.51(2)(c)2. 2. Residents who are known to be destructive of property, self-destructive, disturbing or abusive to other residents, or suicidal, shall not be admitted or retained, unless the facility has and uses sufficient resources to appropriately manage and care for them.

DHS 132.51(2)(d) (d) Developmental disabilities.

DHS 132.51(2)(d)1. 1. No person who has a developmental disability may be admitted to a facility unless the facility is certified as an intermediate care facility for individuals with intellectual disabilities, except that a person who has a developmental disability and who requires skilled nursing care services may be admitted to a skilled nursing facility.

DHS 132.51(2)(d)2. 2. Except in an emergency, no person who has a developmental disability may be admitted to a facility unless the county department under s. 46.23, 51.42, or 51.437, Stats., of the individual’s county of residence has recommended the admission.

DHS 132.51(2)(e) (e) Mental illness. Except in an emergency, no person who is under age 65 and has a mental illness as defined in s. 51.01 (13), Stats., may be admitted to a facility unless the county department under s. 46.23, 51.42 or 51.437, Stats., of the individual’s county of residence has recommended the admission.

DHS 132.51(2)(f) (f) Minors.

DHS 132.51(2)(f)1. 1. No person under the age of 18 years may be admitted, unless approved for admission by the department.

DHS 132.51(2)(f)2. 2. Requests for approval to admit a person under the age of 18 years shall be made in writing and shall include:

DHS 132.51(2)(f)2.a. a. A statement from the referring physician stating the medical, nursing, rehabilitation, and special services required by the minor;

DHS 132.51(2)(f)2.b. b. A statement from the administrator certifying that the required services can be provided;

DHS 132.51(2)(f)2.c. c. A statement from the attending physician certifying that the physician will be providing medical care; and