DHS 105.17 (1e) https://docs.legis.wisconsin.gov/document/administrativecode/DHS 133.05(1)(e)(j) Provide for a substitute administrator to act in the absence of the administrator. If it is necessary to immediately terminate an administrator or if the agency loses an administrator for other reasons, employ or name a qualified replacement as soon as possible within 90 days of the vacancy.
DHS 105.17 (1e) (k) Notify the department in writing within 10 days of any appointment or change of the administrator or the substitute administrator. DHS 105.17 (1e) (L) Notify the department in writing within 10 days of a change in the location of the agency or contact information for the personal care provider.
DHS 105.17 (1k) ADMINISTRATOR AND ADMINISTRATOR QUALIFICATIONS.
DHS 83.15(1)(a) The administrator of a personal care agency shall meet all of the following requirements: 1.
Be at least 21 years of age.2.
Have the ability to fulfill the job requirements, respond to the needs of the clients, and manage the personal care agency. 3.
Have an associate degree or higher in a health care related field from an accredited college, or a bachelor's degree in a field other than in health care from an accredited college and one year experience working in a health care related field.4.
Have training and experience in health care administration and at least one year of supervisory or administrative experience in home health care or personal care, or a related health program.5.
Be knowledgeable about this chapter and s. DHS 107.112, and take all reasonable steps to ensure that the personal care agency complies with the requirements of this chapter.6.
Be responsible for the overall provision of training and competency of all employees.DHS 83.15(1)(d) (b) Persons who are the administrator of record with the department of a personal care agency on the effective date of this rule shall be exempt from the qualification requirements specified under par. (a).
DHS 105.17 (1n) (a) 2. b. Information concerning specific job duties. Training shall be provided for each skill the personal care worker is assigned and shall include a successful demonstration of each skill by the personal care worker to the qualified trainer, under the supervision of the RN supervisor, prior to providing the service to a client independently. Only an RN may train others on a delegated act as defined in s. N 6.02 (5) and N 6.03. The RN or qualified trainer shall document the personal care worker’s successful demonstration of each skill and maintain the information in their personnel file. DHS105.17 (1n) (d) DHS 105.17(1n)(d)1.1. Supervise the provision of personal care services. Except as provided in subd. 2., services for all clients shall be supervised by a registered nurse an RN according to the requirements set forth in s. DHS 107.112 (3) (a) and (c). The visit to the client’s home by an RN shall be conducted at a time when the personal care worker will be directly observed providing personal care services to the client in the client’s home. The RN shall document the results of the visit including the observation of the personal care worker and maintain the information in their personnel file or other designated agency file. When observation of the personal care worker by the RN reveals a failure to follow the client’s care plan, the personal care provider shall provide counseling, education or retraining to ensure the personal care worker is adequately trained to complete their job responsibilities. SECTION 3. DHS 105.17 (2) (b) 1. is repealed and recreated to read:
DHS 105.17 (2) (b) 1. Assess and evaluate the need for services according to the standards of practice contained in s. N 6.03 (1) (a) and (d), and make referrals to other services as appropriate. Documentation shall be signed and dated by the RN supervisor who conducted the assessment and evaluation, attesting to its accuracy and truthfulness. SECTION 4. DHS 105.17 (2) (b) 2. is amended to read:
DHS 105.17 (2) (b) 2. Secure written orders from the client’s physician. These orders are to be renewed once every 3 months unless the physician specifies that orders covering a period of time up to one year are appropriate, or when the client’s needs change, whichever occurs first. Physician orders for personal care services are not required for clients who are not Medicaid recipients unless the personal care service is a delegated act as defined in s. N 6.02 (4). This provision does not mitigate the RN supervisor’s responsibility to follow the standards contained in ch. N 6. SECTION 5. DHS 105.17 (2) (b) (2.) (note) is repealed.
SECTION 6. DHS 105.17 (3) (a) 4. and 5. are created to read:
DHS 105.17 (3) (a) 4. DHS 83.16(1)Have the skills, education, experience and ability to fulfill the employee's job requirements. DHS 105.17 (3) (a) 5. Be at least 16 years old.
SECTION 7. DHS 105.17 (5) (b) and (c) are repealed and recreated to read:
DHS 105.17 (5) (b) Recommendation for certification. 1. Following receipt of a complete application for MA certification or for a change in certification when there has been a change in the ownership of a personal care agency, the department shall review the application, and investigate the applicant and principals to determine the applicant's ability to comply with this section and s. DHS 107.112. 2. Within 90 days after receiving a complete application, the department shall either approve or deny the application. Approval will be effective for a 1-year period from the date a complete application was submitted to the department.
DHS 105.17(5)(c)2.3. The applicant shall submit a written request to the department for an on-site survey within 9 months of the date the application was approved.
4. The applicant shall show that the agency has served at least 5 clients requiring personal care services during the period of the approved application. At the time of the on-site survey, the applicant or its personnel shall demonstrate provision of personal care services to at least 2 clients.
5. If the applicant does not submit a written request for an on-site survey within 9 months of the date the application was approved, the application will no longer be valid.
6. Within 90 days following completion of an on-site survey, the department shall either recommend certification or not recommend certification of the applicant to the department’s division of medicaid services.
DHS 105.17 (5) (c) Non approval. The department may not approve certification for any applicant who does not comply with any provision of this chapter, s. DHS 107.112 or ch. 50, Wis. Stats., or who is not fit and qualified as specified in DHS 105.17 (1e) (e) or who has failed to pay any fee or any outstanding amounts due to the department. SECTION 8. DHS 105.17 (6) and (7) are created to read:
DHS 105.17 (6) Quality Assessment and Assurance Committee.
(a) A personal care agency shall establish a quality assessment and assurance committee for the purpose of identifying and addressing quality of care issues. The committee shall include all of the following members:
1. DHS 132.46(1)(a)The administrator.
2. DHS 132.46(1)(b)The substitute administrator.
3. The registered nurse supervisor.
4. DHS 132.46(1)(c)At least 1 other member of the agency’s staff.
DHS 105.17 (6) DHS 132.46(2)(b) The quality assessment and assurance committee shall do all of the following:
DHS 132.46(2)(a)1. Meet at least quarterly to identify quality of care issues that require quality assessment and assurance activities.
DHS 132.46(2)(b)2. Develop and implement appropriate plans of action to correct identified quality of care issues. DHS 105.17 (6) DHS 132.46(3)(c) 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.
DHS 105.17 DHS 83.11(1)(7) Agency Closure. (a) Any personal care agency that intends to close shall provide written notice to each client, the client’s legal representative, if any, the client’s attending physician and the department at least 30 days before closing. DHS 105.17 DHS 83.11(1)(7) (b) The personal care agency shall provide assistance to clients in arranging for continuity of necessary services. SECTION 9. EFFECTIVE DATE: As provided in s. 227.22 (2) (b), the department prescribes that this rule take effect on September 1, 2020. Wisconsin Department of Health Services
Dated: __________________________________
Andrea Palm, Secretary-designee
SEAL:
