Minnesota:
Plans of correction/waivers/variances: Minnesota has no administrative code regarding plans of correction, waivers and variances.
Maternity and neonatal care: Minnesota has rules for obstetrical department that establish minimum delivery room size, illumination, beds, equipment and obstetrical isolation facilities. Additional rules establish criteria for newborn nursery, bassinets, observation window, incubators and formula preparation.
Patient rights in critical access hospitals: Minnesota has no administrative code regarding critical access hospitals.
Freestanding emergency departments: Minnesota has no administrative code regarding freestanding emergency departments.
Physical Environment: Minnesota has general rules that require the hospital structure and equipment to be kept in good repair and operational all times with regarding for the health, treatment and comfort and safety of the patient and personnel. The rule provides standards that address heating, laundry, lighting, emergency lighting, stairways and ramps, storage, ventilation, walls, floors and ceilings. The rule also established standards for water facilities regarding adequacy of supply, sewage disposal, plumbing and the number and location of toilets, handwashing and bathing facilities.
Plan review and fee schedule: The Minnesota Department of Industry and Department of Health provide plan review and inspection services for hospital physical plant state licensure and federal certification requirements. The scope of these responsibilities encompasses both construction of new spaces and modifications to existing spaces. Plan review fees are based on a total of estimated material, labor, and construction costs.
Summary of factual data and analytical methodologies
The department relied on all of the following sources to draft the proposed rule and to determine the impact on small businesses.
- The department solicited comments from representatives of the Wisconsin Hospital Association, Wisconsin Public Psychiatric Hospital, and Wisconsin Healthcare Engineering Association. Representatives from these organizations reviewed the initial draft of the rule.
- DHS databases including the ASPEN Information System which contains demographic, licensing, program, and compliance history of hospitals in Wisconsin.
Analysis and supporting documents used to determine effect on small business
TBD, pending an economic impact analysis.
Effect on small business
The rules are anticipated to have little to no economic impact on small businesses.
Agency contact person
Pat Benesh, Division of Quality Assurance, 608-264-9896
Statement on quality of agency data
The data sources used to draft the rules and analyses are accurate, reliable and objective and are listed in the Summary of Factual Data and Analytical Methodologies section of this rule order.
Place where comments are to be submitted and deadline for submission
Comments may be submitted to the agency contact person that is listed above until the deadline given in the upcoming notice of public hearing. The deadline for submitting comments and the notice of public hearing will be posted on the Wisconsin Administrative Rules Website at http://adminrules.wisconsin.gov after the hearing is scheduled. RULE TEXT
SECTION 1. DHS 124.02 (1), (7), (8), are repealed.
SECTION 2. DHS 124.02 (10) and (14) are repealed and recreated to read:
DHS 124.02 (10) “Hospital staff” means the hospital’s organized component of practitioners that was recommended to be on the hospital staff by the hospital staff, and is comprised of individuals appointed by the governing body of the hospital.
DHS 124.02 (14) “Practitioners” means physicians, dentists, podiatrists or other professions permitted by Wisconsin law to distribute, dispense and administer medications in the course of professional practice, admit patients to a hospital, or provide any other health care service that is within that professions’ scope of practice and for which the governing body grants clinical privileges.
SECTION 3. DHS 124.02 (15) to (18), (20), and (21) are repealed.
SECTION 4. DHS 124.04 (2) is repealed and recreated to read:
DHS 124.04 (2) Requirements for waivers and variances. A hospital may submit a request in writing to the department to grant a waiver or variance. The department may grant the waiver or variance if the department determines:
(a) The waiver or variance is necessary to protect the public health, safety, or welfare.
(b) The waiver or variance will support the efficient and economic operation of the hospital, such as when any of the following apply:
1.
Strict enforcement of a requirement would result in unreasonable hardship on the hospital or on a patient.2. An alternative to a rule, which may involve a new concept, method, procedure or technique, new equipment, new personnel qualifications or the conduct of a pilot project, is in the interests of better care or management.
SECTION 5. DHS 124 Subchapter II and (title) are repealed and recreated to read:
Subchapter II -- Requirements
DHS 124.05 Statements of deficiency and plans of correction.
(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 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 compliance, the department’s notice shall describe the deficiency of the plan of correction. DHS 124.06 Patient rights and responsibilities in critical access hospitals.
(1) Every critical access hospital shall have written policies on patient rights and responsibilities, established by the governing body, which shall provide all of the following:
(a) The patient may not be denied appropriate care because of the patient’s race, creed, color, national origin, ancestry, religion, sex, sexual orientation, marital status, age, newborn status, handicap or source of payment.
(b) The patient shall be treated with consideration, respect and recognition of the patient’s individuality and personal needs, including the need for privacy in treatment.
(c) The patient’s medical record, including all computerized medical information, shall be kept confidential as required by law.
(d) The patient, or a person authorized to act on behalf of the patient in making health care related decisions, shall have access to the patient’s medical record as permitted by law.
(e) The patient shall be entitled to know who has overall responsibility for the patient’s care.
(f) The patient, or any person authorized to act on behalf of the patient in making health care related decisions, shall receive information about the patient’s illness, course of treatment and prognosis for recovery.
(g) The patient shall have the opportunity to participate to the fullest extent possible in planning for the patient’s care and treatment.
