Chapter DHS 124

DHS 124.30(3) (3) Department review. The department shall review new construction and alteration plans for compliance with all of the following:

DHS 124.30(3)(a) (a) This chapter.

DHS 124.30(3)(b) (b) Chapters SPS 361 to 366, except s. SPS 361.31 (3). Where chs. SPS 361 to 366 refer to the department of safety and professional services, those rules shall be deemed for purposes of review under this chapter to refer to the department of health services.

DHS 124.30(3)(c) (c) The provisions of the Life Safety Code adopted by the Conditions of Participation per s. 50.36, Stats.

DHS 124.30 History History: Emerg. cr. eff. 7-1-96; cr. Register, December, 1996, No. 492, eff. 1-1-97; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1999, No. 517; corrections in (1) made under s. 13.93 (2m) (b) 6. and 7. Stats., Register September 2003 No. 573; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register January 2009 No. 637; correction in (1) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673.; CR 19-135: r. and recr. Register June 2020 No. 774, eff. 7-1-20; renum. (1) (a), (b) to DHS 124.275 (3), (4) under s. 13.92 (4) (b) 7., Stats., and r. (1) (intro.) under s. 35.17, Stats., Register June 2020 No. 774.

DHS 124.31 DHS 124.31 Fees for plan reviews.

DHS 124.31(1) (1) General. The fees established in this section shall be paid to the department for providing plan review services under this subchapter. The department may withhold providing services to parties who have past due accounts with the department for plan review services. Except as provided under sub. (4) (b), the fee for review of plans shall be based on the total gross floor area of s. SPS Table 302.31-1 and on the dollar value of the project to the table under sub. (3).

DHS 124.31(2) (2) Definition. In this section, “miscellaneous plans” means plans that have no building or heating, ventilation and air conditioning plan submissions, including all of the following:

DHS 124.31(2)(a) (a) Footing and foundation plans submitted prior to the submission of the building plans.

DHS 124.31(2)(b) (b) Structural plans submitted as independent projects, such as docks or antennae.

DHS 124.31(2)(c) (c) Plans for any other building component.

DHS 124.31(3) (3) Fee table. Fee part based on project dollar value.

DHS 124.31(4) (4) Other fees.

DHS 124.31(4)(a) (a) Fee for plan entry. Each submission of plans for the project shall be accompanied by a $100 plan entry fee. When plans for multiple projects are submitted together, each project shall constitute a separate submission and requires a $100 plan entry fee.

DHS 124.31(4)(b) (b) Fee for miscellaneous plans. The fee for a miscellaneous plan shall be $250. This fee is for plan review and onsite review.

DHS 124.31(4)(c) (c) Fee for permission to start construction. The fee for permission to start construction shall be $75. This fee shall apply only to applicants proposing to start construction prior to approval of their plans by the department.

DHS 124.31(4)(d) (d) Fee for plan revision. The fee for revision of previously approved plans shall be $75. This paragraph applies when plans are revised for reasons other than those that were requested by the department. The department may not charge a fee for revisions requested by the department as a condition of original plan approval.

DHS 124.31(4)(e) (e) Fee for extension of plan approval. The examination fee for a plan approved for extension beyond the time limit specified in this chapter shall be $120 per plan.

DHS 124.31(4)(f) (f) Fee for petitions for variance. The fee for reviewing commercial building code petitions for variance shall be in accordance with ch. SPS 302. The fee for reviewing a petition on a priority basis shall be in accordance with ch. SPS 302.

DHS 124.31 History History: Emerg. cr. eff. 7-1-96; cr. Register, December, 1996, No. 492, eff. 1-1-97; CR 19-135: r. and recr. Register June 2020 No. 774, eff. 7-1-20; correction in numbering of (2) made under s. 13.92 (4) (b) 1., Stats., and correction in (4) (a) made under s. 35.17, Stats., Register June 2020 No. 774.

DHS 124.32 DHS 124.32 Patient rooms - general.

DHS 124.32(2) (2) Privacy. Visual privacy shall be provided for each patient in multi-bed patient rooms. In new or remodeled construction, cubicle curtains shall be provided.

DHS 124.32(3) (3) Toilet room.

DHS 124.32(3)(a) (a) In new construction, each patient room shall have access to one toilet without entering the general corridor area. One toilet room shall serve no more than 4 beds and no more than 2 patient rooms. A handwashing sink shall be provided either in each patient’s room or in the adjoining toilet room.

DHS 124.32(3)(b) (b) In new and remodeled construction, the door to the patient toilet room shall swing into the patient room, or two-way hardware shall be provided.

DHS 124.32(4) (4) Minimum floor area. The minimum floor area per bed shall be 80 square feet in multiple patient rooms and 100 square feet in single patient rooms. The distance between patient beds in multi-patient rooms shall be at least 3 feet.

DHS 124.32 History History: Emerg. renum. from DHS 124.27 (6), eff. 7-1-96; renum. from DHS 124.27 (6), Register, December, 1996, No. 492, eff. 1-1-97; CR 19-135: r. (1), (3) (c), (5) Register June 2020 No. 774, eff. 7-1-20.

DHS 124.34 DHS 124.34 Patient care areas.

DHS 124.34(3) (3) Utility areas.

DHS 124.34(3)(a) (a) A utility room for clean linen and other clean articles shall be readily accessible to each nursing unit. The room shall contain at least:

DHS 124.34(3)(a)1. 1. Storage facilities for supplies;

DHS 124.34(3)(a)2. 2. A handwashing sink; and

DHS 124.34(3)(a)3. 3. Work counters.

DHS 124.34(3)(b) (b) A utility room for soiled linen and other soiled articles shall be readily accessible to each nursing unit. The room shall include at least:

DHS 124.34(3)(b)1. 1. A clinical sink or equivalent flush rim fixture;

DHS 124.34(3)(b)2. 2. A handwashing sink;

DHS 124.34(3)(b)3. 3. A work counter;

DHS 124.34(3)(b)4. 4. A waste receptacle; and

DHS 124.34(3)(b)5. 5. A linen receptacle.

DHS 124.34(3)(c) (c) Individual patient toilet room bed pan washers are permitted in lieu of the clinical fixture requirement stated in par. (b) 1.

DHS 124.34(8) (8) Patient call system. A reliable call mechanism shall be provided in locations where patients may be left unattended, including patient rooms, toilet and bathing areas and designated high risk treatment areas from which individuals may need to summon assistance.

DHS 124.34 History History: Emerg. renum. from DHS 124.27 (8), eff. 7-1-96; renum. from DHS 124.27 (8), Register, December, 1996, No. 492, eff. 1-1-97; CR 19-135: r. (1), (2), cr. (3) (c), r. (4) to (7) Register June 2020 No. 774, eff. 7-1-20.

DHS 124.35 DHS 124.35 Additional requirements for particular patient care areas; psychiatric units. The requirements for patient rooms under s. DHS 124.34 apply to patient rooms in psychiatric nursing units and psychiatric hospitals except as follows:

DHS 124.35(1) (1) In new construction and remodeling a staff emergency call system shall be included. Call cords from wall-mounted stations of individual patient rooms may be removed when justified by psychiatric program requirements.

DHS 124.35(2) (2) Doors to patient rooms and patient toilet room doors may not be lockable from the inside.

DHS 124.35(3) (3) Patients’ clothing and personal items may be stored in a separate designated area which is locked.

DHS 124.35(4) (4) Moveable hospital beds are not required for ambulatory patients.

DHS 124.35 History History: Emerg. renum. from DHS 124.27 (9), eff. 7-1-96; renum. from DHS 124.27 (9), Register, December, 1996, No. 492, eff. 1-1-97; CR 19-135: r. (1), (3) to (7) Register June 2020 No. 774, eff. 7-1-20; renum. (2) to DHS 124.35 under s. 13.92 (4) (b) 1., Stats., Register June 2020 No. 774.

DHS 124.36 DHS 124.36 Other physical environment; fire report. All incidents of fire in a hospital shall be reported to the department within 72 hours.

DHS 124.36 Note Note: Information about online fire reporting is available at: http://www.dhs.wisconsin.gov/publications/p01729.pdf.

DHS 124.36 History History: Emerg. renum. from DHS 124.27 (10), eff. 7-1-96; renum. from DHS 124.27 (10), Register, December, 1996, No. 492, eff. 1-1-97l; CR 19-135: r. (1) to (10) Register June 2020 No. 774, eff. 7-1-20; renum. (11) to DHS 124.36 under s. 13.92 (4) (b) 7., Stats., Register June 2020 No. 774.

subch. VI of ch. DHS 124 Subchapter VI — Critical Access Hospitals

DHS 124.37 DHS 124.37 Applicability. This subchapter applies to the department and to all hospitals designated by the department as critical access hospitals.

DHS 124.37 History History: Emerg. cr., eff. 9-12-98; cr. Register, January, 1999, No. 517, eff. 2-1-99.

DHS 124.38 DHS 124.38 Definitions. In this subchapter:

DHS 124.38(1) (1) “Clinical nurse specialist” means a registered nurse who is currently certified as a clinical nurse specialist by a national certifying body that is recognized by the state board of nursing.

DHS 124.38(2) (2) “Network hospital” means a full-time hospital that has an agreement with a critical access hospital to provide ongoing acute care services for patients transferred or referred from the critical access hospital.

DHS 124.38(3) (3) “Nurse practitioner” means a registered nurse who is currently certified as a nurse practitioner by a national certifying body that is recognized by the state board of nursing.

DHS 124.38(4) (4) “Rural health plan” means a plan approved by the federal centers for medicare and medicaid services that describes how the department will implement and administer parts of the federal medicare rural hospital flexibility program — critical access hospitals — under 42 USC 1395i-4.

DHS 124.38(5) (5) “Rural hospital” means a hospital that was initially approved as a hospital prior to January 1, 2003 and is located in a county that has at least a portion of a rural census tract of a Metropolitan Statistical Area (MSA) as determined under the most recent version of the Goldsmith Modification as provided in 42 CFR 412.103(a)(1).

DHS 124.38 Note Note: The most recent version of the Goldsmith Modification as determined by the Office of Rural Health Policy (ORHP) of the Health Resources and Services Administration is available via the ORHP website at http://www.raconline.org/topics/what-is-rural/faqs/#goldsmith or from the U.S. Department of Health and Human Services, Health Resources and Services Administration, Office of Rural Health Policy, 5600 Fishers Lane, Room 9A-55, Rockville, MD 20857. 42 CFR 412.103 of the federal regulations addresses hospitals located in urban areas that want to apply for reclassification as rural hospitals.

DHS 124.38 History History: Emerg. cr. eff. 9-12-98; cr. Register, January, 1999, No. 517, eff. 2-1-99; emerg. cr. (5), eff. 3-21-03; CR 03-042: am. (4), cr. (5) Register September 2003 No. 573, eff. 10-1-03; CR 19-135: r. and recr. (2) Register June 2020 No. 774, eff. 7-1-20.

DHS 124.39 DHS 124.39 Designation as a critical access hospital.

DHS 124.39(1) (1) Eligibility. Except as provided under sub. (2) (a), to be eligible for designation as a critical access hospital, a hospital shall be all of the following:

DHS 124.39(1)(a) (a) A hospital approved by the department under this chapter to operate as a hospital.

DHS 124.39(1)(b) (b) Located in an area outside of a metropolitan statistical area as defined in 42 USC 1395ww(d), or located in a rural area of an urban county.

DHS 124.39(1)(c) (c) Located more than a 35-mile drive from another hospital or certified by the department under sub. (2) as a necessary provider of health care services to residents in the area.

DHS 124.39(1)(d) (d) A hospital that has a provider agreement to participate in medicare in accordance with 42 CFR 485.612.

DHS 124.39(1)(e) (e) A hospital that has not been designated by the federal centers for medicare and medicaid services as an urban hospital for purposes of medicare reimbursement.

DHS 124.39(2) (2) Application for certification as a necessary provider for an area.

DHS 124.39(2)(a) (a)

DHS 124.39(2)(a)1. 1. A hospital meeting the criteria under sub. (1) (a), (b), (d) and (e) may apply to the department for certification as a necessary provider of health care services to residents in its area if it cannot meet the criterion under sub. (1) (c) that it be located more than a 35-mile drive from another hospital.

DHS 124.39(2)(a)2. 2. A rural hospital meeting the criteria under sub. (1) (a), (d) and (e) may apply to the department for certification as a necessary provider of health care services to residents in its area if the rural hospital cannot meet the criteria under sub. (1) (b) and (c).

DHS 124.39(2)(a)3. 3. Application under subd. 1. or 2. shall be made in accordance with a format provided by the department.

DHS 124.39 Note Note: To obtain the format for the application, write or phone: Division of Quality Assurance, P.O. Box 2969, Madison, WI 53701-2969; [phone].

DHS 124.39(2)(b) (b) Upon receipt of a completed application from a hospital for certification as a necessary provider of health care services to residents in the area, the department shall review the application and shall approve or disapprove it within 60 days of receipt.

DHS 124.39(3) (3) Application for critical access hospital status.

DHS 124.39(3)(a) (a) A hospital eligible under sub. (1) or (2) (a) for designation as a critical access hospital may apply to the department for designation. Application shall be made in accordance with a format provided by the department.

DHS 124.39 Note Note: To obtain the format for the application, write or phone: Division of Quality Assurance, P.O. Box 2969, Madison, WI 53701-2969; [phone].

DHS 124.39(3)(b) (b) Upon receipt of a completed application from a hospital for designation as a critical access hospital, the department shall review the application and shall determine if the applicant meets the federal conditions of participation in medicare for critical access hospitals under 42 CFR 485.601 to 485.645, and, if applicable, 42 CFR 412.103(a)(1). If the applicant hospital meets those federal regulations and all requirements under s. 124.41, the department shall, within 90 days after receipt of a completed application, recommend certification of the hospital as a critical access hospital to the federal centers for medicare and medicaid services.

DHS 124.39 Note Note: Section DHS 124.40 was repealed by CR 19-135, effective 7-1-20. This provision will be treated in future rulemaking.

DHS 124.39 Note Note: The federal Centers for Medicare and Medicaid Services will notify the Department and the applicant hospital of the certification decision.

DHS 124.39(3)(c) (c) Following notification by the federal centers for medicare and medicaid services that it has accepted the department’s certification recommendation, the department shall issue a certificate of approval that establishes the applicant’s critical access hospital status in the state.

DHS 124.39 History History: Emerg. cr. eff. 9-12-98; cr. Register, January, 1999, No. 517, eff. 2-1-99; emerg. am. (1) (intro.) and (e), (2) (a) and (3), eff. 3-21-03; CR 03-042: am. (1) (intro.), (a), (b), (e), (2) (a) and (3) Register September 2003 No. 573, eff. 10-1-03; CR 23-046: am. (3) (b) Register April 2024 No. 820, eff. 5-1-24.

DHS 124.41 DHS 124.41 Rural health plan. Before implementation of the state medicare rural hospital flexibility program pursuant to 42 USC 1395i-4 for the establishment of critical access hospitals, the department shall develop a rural health plan. The department shall submit the rural health plan to the federal centers for medicare and medicaid services for approval.

DHS 124.41 History History: Emerg. cr. eff. 9-12-98; cr. Register, January, 1999, No. 517, eff. 2-1-99; CR 03-042: am. Register September 2003 No. 573, eff. 10-1-03.