Freestanding emergency departments: Illinois has extensive regulations for freestanding emergency centers and a Certificate of Need program that reviews all applications for freestanding emergency centers. Illinois law allows a maximum of 10 freestanding emergency centers in the state.
Physical Environment: Illinois has extensive rules regarding hospital physical environment that address orientation and follow-up training for staff in the principles of asepsis, cross-infection and safe practices, adequacy of space and the structure and equipment kept in good repair and maintained in operating condition at all times. Emergency eclectic service and weekly inspections and testing of emergency generator are mandated. Standards also address the adequacy of water supply regulated by thermostatic or other control devices, ventilation, heating air condition and air exchange systems provide and maintained in good repaint and operating in a manner which will prevent the spread of infection and provide patient comfort. All sewage and liquid wastes are to be disposed of in a municipal sewage system where such facilities are available.
Plan review and fee schedule: The Illinois Department of Public Health, Design and Construction Section, is responsible for plan review for licensed hospitals. A certificate of need review board approval is required prior to plan review of any new construction involving additional bed capacity. Local municipalities individually enforce the state’s commercial building code. Plan review fees are based on a total of estimated fixed equipment value and the cost of construction.
Iowa:
Plans of correction/waivers/variances: Iowa has no administrative code regarding plans of correction, waivers and variances.
Maternity and neonatal care: Iowa has no administrative code regarding maternity and neonatal care.
Patient rights in critical access hospitals: Iowa has no administrative code regarding patient rights in critical access hospitals.
Freestanding emergency departments: Iowa has no administrative code regarding freestanding emergency departments.
Physical Environment: Iowa has no administrative code regarding physical environment.
Plan review and fee schedule: The Iowa State Fire Marshall Division, State Building Code Bureau requires all hospital projects involving federal regulations for new buildings, additions to existing buildings, remodeling or renovation of existing buildings and change of occupancy to undergo a plan review and inspection. Plan review fees are based on a total of estimated material, labor, and construction costs.
Michigan:
Plans of correction/waivers/variances: Michigan has no administrative code regarding plans of correction, waivers and variances.
Maternity and neonatal care: Michigan has rules for maternity hospitals and departments that require hospitals to meet physical plant standards, establish minimum policies regarding the use and administration of mediations, and provide required equipment and supplies, post-delivery and nursery procedures, care provided to the mother and the maintenance of medicals records.
Patient rights in critical access hospitals: Michigan has no administrative code regarding patient rights in critical access hospitals.
Freestanding emergency departments: Michigan has no administrative code regarding freestanding emergency departments.
Physical Environment: Michigan has no administrative code regarding physical environment.
Plan review and fee schedule: The Michigan Department of Licensing and Regulatory Affairs, Health Facility Engineering Section, provides plan review and inspection services for the design and construction of hospitals to ensure the safe, efficient, and effective delivery of healthcare. Plan review fees are based on a total of estimated fixed equipment value, professional fees, and the cost of construction.
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
See economic impact analysis.
Effect on small business
See economic impact analysis.
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), (4), (7), (8), are repealed.
SECTION 2. DHS 124.02 (10) and (14) are repealed and recreated to read:
DHS 124.02 (10) “ Medical staff” means the hospital’s organized component of physicians, podiatrists, dentists, and other practitioners eligible to be on the medical staff pursuant to the medical staff bylaws who are granted specific clinical privileges for the purposes of providing adequate medical, podiatric, dental care or other health care services for the patients 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 that the waiver or variance is necessary to protect the public health, safety, or welfare or to support the efficient and economic operation of the hospital.
A waiver or variance supports the efficient and economic operation of the hospital in circumstances such as the following:
1.
Strict enforcement of a requirement would result in unreasonable hardship on the hospital or on a patient.
