Chapter DHS 124

Register December 2010 No. 660

Chapter DHS 124

HOSPITALS

Subchapter I — General

DHS 124.01   Authority, purpose and applicability.

DHS 124.02   Definitions.

DHS 124.03   Approval by the department.

DHS 124.04   Waivers and variances.

Subchapter II — Requirements

DHS 124.05   Statements of deficiency and plans of correction.

DHS 124.06   Patient rights and responsibilities in critical access hospitals.

DHS 124.07   Maternity and neonatal care.

DHS 124.08   Forfeiture assessment.

DHS 124.09   Freestanding emergency departments.

Subchapter V — Physical Environment

DHS 124.275   Definitions.

DHS 124.29   Plans for new construction and alterations.

DHS 124.30   Standards.

DHS 124.31   Fees for plan reviews.

DHS 124.32   Patient rooms - general.

DHS 124.34   Patient care areas.

DHS 124.35   Additional requirements for particular patient care areas; psychiatric units.

DHS 124.36   Other physical environment; fire report.

Subchapter VI — Critical Access Hospitals

DHS 124.37   Applicability.

DHS 124.38   Definitions.

DHS 124.39   Designation as a critical access hospital.

DHS 124.41   Rural health plan.

Ch. DHS 124 Note Note: Chapter H 24 as it existed on January 31, 1988 was repealed and a new chapter HSS 124 was created effective February 1, 1988. Chapter HSS 124 was renumbered chapter HFS 124 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1996, No. 488. Chapter HFS 124 was renumbered chapter DHS 124 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.

subch. I of ch. DHS 124 Subchapter I — General

DHS 124.01 DHS 124.01 Authority, purpose and applicability. This chapter establishes standards for the construction, maintenance and operation of hospitals. The chapter is promulgated under the authority of s. 50.36 (1), Stats., to ensure that hospital patients receive safe and adequate care and treatment and that the health and safety of patients and hospital employees are protected. The provisions of this chapter apply to all facilities meeting the definition of hospital in s. 50.33 (2), Stats., that are not specifically exempt under s. 50.39, Stats., except for those provisions that apply only to particular types of hospitals.

DHS 124.01 Note Note: Among facilities that are specifically exempt under s. 50.39, Stats., from being treated as hospitals for purposes of regulation under ss. 50.32 to 50.39 and this chapter are physicians’ clinics and offices, nursing homes, the Milwaukee County Mental Health Center and correctional institutions operated by the Wisconsin department of corrections.

DHS 124.01 History History: Cr. Register, January, 1988, No. 385, eff. 2-1-88.

DHS 124.02 DHS 124.02 Definitions. In this chapter:

DHS 124.02(1m) (1m) “Critical access hospital” means a hospital that is designated by the department as meeting the requirements of 42 USC 1395i-4 (c) (2) (B) and is federally certified as meeting the requirements of 42 USC 1395i-4 (e).

DHS 124.02(2) (2) “Dentist” means a person licensed to practice dentistry under ch. 447, Stats.

DHS 124.02(3) (3) “Department” means the Wisconsin department of health services.

DHS 124.02(5) (5) “Health physicist” means a person holding a masters degree or doctorate in an appropriate discipline of radiologic physics or who has equivalent education and experience.

DHS 124.02(6) (6) 

DHS 124.02(6)(a) (a) “Hospital” means any building, structure, institution or place that does all of the following:

DHS 124.02(6)(a)1. 1. Offers inpatient, overnight care on a 24-hour-a-day basis, or on an as-needed basis in the case of a critical access hospital.

DHS 124.02(6)(a)2. 2. Devotes itself primarily to the maintenance and operation of facilities for the diagnosis and treatment of, and medical or surgical care for, 3 or more nonrelated individuals, designated “patients” in this chapter, suffering from illness, disease, injury or disability, whether physical or mental, or who are pregnant.

DHS 124.02(6)(a)3. 3. Regularly makes available at least clinical laboratory services, diagnostic x-ray services and treatment facilities for surgery, obstetrical care or other definitive medical treatment, except as otherwise provided for critical access hospitals in this chapter.

DHS 124.02(6)(b) (b) “Hospital” may include, but is not limited to, related facilities such as outpatient facilities, nurses’, interns’ and residents’ quarters, training facilities and central service facilities operated in connection with the hospital.

DHS 124.02(6)(c) (c) “Hospital” includes a special hospital.

DHS 124.02(9) (9) “Licensed practical nurse” means a person licensed as a trained practical nurse under ch. 441, Stats.

DHS 124.02(10) (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(10m) (10m) “Medicare” means the health insurance program operated by the U.S. department of health and human services under 42 USC 1395 to 1395 ccc and 42 CFR ch. IV, subch. B.

DHS 124.02(11) (11) “Physician” means a person licensed to practice medicine or osteopathy under ch. 448, Stats.

DHS 124.02(12) (12) “Physician assistant” means a person certified under ch. 448, Stats., to perform patient services under the supervision and direction of a licensed physician.

DHS 124.02(13) (13) “Podiatrist” means a person licensed to practice podiatry or podiatric medicine and surgery under ch. 448, Stats.

DHS 124.02(14) (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 profession’s scope of practice and for which the governing body grants clinical privileges.

DHS 124.02(19) (19) “Registered nurse” means a person who is licensed as a registered nurse under ch. 441, Stats.

DHS 124.02(22) (22) “Tissue” means a substance consisting of cells and intercellular material that is removed from a patient’s body during a surgical procedure.

DHS 124.02 History History: Cr. Register, January, 1988, No. 385, eff. 2-1-88; correction in (3) made under s. 13.93 (2m) (b) 6., Stats., Register, August, 1996, No. 488; emerg. cr. (1m), am. (6), (12 and (19), r. and recr. (21), eff. 9-12-98; cr. (1m) and (10m), am. (6), (12) and (19) and r. and recr. (21), Register, January, 1999, No. 517, eff. 2-1-99; correction in (3) made under s. 13.92 (4) (b) 6., Stats., Register January 2009 No. 637; CR 19-135: r. (1), (4), (7), (8), r. and recr. (10), (14), r. (15) to (18), (20), (21) Register June 2020 No. 774, eff. 7-1-20; correction in (14) made under s. 35.17, Stats., Register June 2020.

DHS 124.03 DHS 124.03 Approval by the department.

DHS 124.03(1) (1) No hospital may operate in Wisconsin unless it is approved by the department.

DHS 124.03(2) (2) To be approved by the department, a hospital shall comply with this chapter and with all other applicable state laws and local ordinances, including all state laws and local ordinances relating to fire protection and safety, reporting of communicable disease, cancer reporting and post-mortem examination, and professional staff of the hospital shall be licensed or registered, as appropriate, in accordance with applicable laws.

DHS 124.03(3) (3) An application for approval shall be submitted to the department on a form prescribed by the department.

DHS 124.03 Note Note: For a copy of the hospital approval application form, write Division of Quality Assurance, P.O. Box 2969, Madison, Wisconsin 53701-2969.

DHS 124.03(4) (4) The department shall review and make a determination on a complete application for approval within 90 working days after receiving the application.

DHS 124.03(5) (5) Approval by the department applies only to the owner of a hospital who may not transfer or assign the approval to anyone else. When there is a change in the ownership of the hospital, the new owner shall submit a new application to the department.

DHS 124.03(6) (6) If at any time the department determines that there has been a failure to comply with a requirement of this chapter, it may withhold, suspend or revoke the certificate of approval consistent with s. 50.35, Stats.

DHS 124.03(7) (7) Every 12 months, on a schedule determined by the department, a hospital shall submit to the department an annual report in the form and containing the information that the department requires, including payment of the fee required under s. 50.135 (2) (a), Stats. If a complete annual report is not timely filed, the department shall issue a warning to the holder of the certificate of approval. If a hospital that has not filed a timely report fails to submit a complete report to the department within 60 days after the date established under the schedule determined by the department, the department may revoke the approval of the hospital.

DHS 124.03 History History: Cr. Register, January, 1988, No. 385, eff. 2-1-88; cr. (7), Register, August, 2000, No. 536, eff. 9-1-00.

DHS 124.04 DHS 124.04 Waivers and variances.

DHS 124.04(1) (1) Definitions. In this section:

DHS 124.04(1)(a) (a) “Variance” means an alternative requirement in place of a requirement of this chapter.

DHS 124.04(1)(b) (b) “Waiver” means an exception from a requirement of this chapter.

DHS 124.04(2) (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:

DHS 124.04(2)(a) (a) Strict enforcement of a requirement would result in unreasonable hardship on the hospital or on a patient.

DHS 124.04(2)(b) (b) 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.

DHS 124.04(3) (3) Procedures.

DHS 124.04(3)(a) (a) Applications.

DHS 124.04(3)(a)1. 1. All applications for the grant of a waiver or variance shall be made in writing to the department, specifying the following:

DHS 124.04(3)(a)1.a. a. The rule from which the waiver or variance is requested;

DHS 124.04(3)(a)1.b. b. The time period for which the waiver or variance is requested;

DHS 124.04(3)(a)1.c. c. If the request is for a variance, the specific alternative action which the facility proposes;