Chapter DHS 127

Chapter DHS 127

RURAL MEDICAL CENTERS

Subchapter I — General

DHS 127.01   Authority, purpose and applicability.

DHS 127.02   Definitions.

DHS 127.03   Licensure.

DHS 127.04   Compliance with laws.

DHS 127.05   Inspections and investigations.

DHS 127.06   Consolidated survey requirement.

DHS 127.07   Violations and penalties.

DHS 127.08   Waivers and variances.

Subchapter II — Program and Operational Standards

DHS 127.16   Nursing home services.

DHS 127.17   Hospital services.

DHS 127.18   Home health services.

DHS 127.19   Hospice services.

DHS 127.20   Critical access hospital services.

DHS 127.21   Rural health clinic services.

DHS 127.22   Rehabilitation, outpatient physical therapy and outpatient occupational therapy services.

DHS 127.23   Ambulatory surgery center services.

DHS 127.24   End-stage renal disease services.

subch. I of ch. DHS 127 Subchapter I — General

DHS 127.01 DHS 127.01 Authority, purpose and applicability.

DHS 127.01(1) (1) This chapter is promulgated under the authority of s. 50.51 (2), Stats., to establish standards for the construction, maintenance and operation of rural medical centers for the purposes of:

DHS 127.01(1)(a) (a) Facilitating access to quality health care in rural communities.

DHS 127.01(1)(b) (b) Promoting the development of integrated health care services in rural communities in a manner that does all of the following:

DHS 127.01(1)(b)1. 1. Promotes flexibility and ease of diversification in service delivery.

DHS 127.01(1)(b)2. 2. Encourages efficient use of available health care resources.

DHS 127.01(1)(b)3. 3. Encourages consistency of standards across types of care.

DHS 127.01(2) (2) This chapter applies to all entities that meet the definition of rural medical center in s. DHS 127.02 (21) and apply to be licensed under this chapter.

DHS 127.01 History History: Cr. Register, February, 1999, No. 518, eff. 3-1-99; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.

DHS 127.02 DHS 127.02 Definitions. In this chapter:

DHS 127.02(1) (1) “Adverse action” means an action initiated by a state or federal agency, based on the licensee’s noncompliance in the operation of health care services, that resulted in civil money penalties, suspension of payments, the appointment of temporary management, denial, suspension or revocation of licensure or termination or nonrenewal of provider participation under medicaid or medicare.

DHS 127.02(2) (2) “Ambulatory surgery center” has the meaning given in 42 CFR 416.2.

DHS 127.02(3) (3) “Applicant” means a person or persons who apply for a license to operate a rural medical center, who ultimately will be responsible for the operation of the rural medical center and legally responsible for decisions and liabilities related to the rural medical center. If a corporation, “applicant” means each person serving as director as indicated under ss. 180.0202 (2) (a) and 181.0202 (2) (a), Stats. If a partnership, “applicant” means persons identified in s. 178.0102 (11), Stats. If a limited partnership, “applicant” means persons identified in ch. 179, Stats. If a limited liability company, “applicant” means each person organizing the company as identified under s. 183.0202 (5), Stats.

DHS 127.02(4) (4) “Critical access hospital” has the meaning given in s. 50.33 (1g), Stats.

DHS 127.02(5) (5) “Department” means the Wisconsin department of health services.

DHS 127.02(6) (6) “End-stage renal disease service” has the meaning given in 42 CFR 405.2102.

DHS 127.02(7) (7) “Good standing” means that the applicant has a history of compliance with state and federal statutes, regulations and rules that promote the provision of quality care to patients and residents.

DHS 127.02(8) (8) “Health care services” or “services” means any of the following:

DHS 127.02(8)(a) (a) Care that is provided in or by any of the following:

DHS 127.02(8)(a)1. 1. A hospital.

DHS 127.02(8)(a)2. 2. A nursing home.

DHS 127.02(8)(a)3. 3. A hospice.

DHS 127.02(8)(a)4. 4. A rural health clinic.

DHS 127.02(8)(a)5. 5. An ambulatory surgery center.

DHS 127.02(8)(a)6. 6. A critical access hospital.

DHS 127.02(8)(b) (b) Home health services.

DHS 127.02(8)(c) (c) Outpatient physical therapy services.

DHS 127.02(8)(d) (d) End-stage renal disease services.

DHS 127.02(8)(e) (e) Services that are provided by a rehabilitation agency.

DHS 127.02(8)(f) (f) Outpatient occupational therapy services.

DHS 127.02(9) (9) “Home health services” has the meaning given in s. 50.49 (1) (b), Stats.

DHS 127.02(10) (10) “Hospice” has the meaning given in s. 50.90 (1), Stats.

DHS 127.02(11) (11) “Hospital” has the meaning given in s. 50.33 (2) (a) or (b), Stats.

DHS 127.02(12) (12) “Medicare” means Title XVIII of the federal Social Security Act of 1935, as amended, 42 USC 1395 to 1395ccc.

DHS 127.02(13) (13) “Nursing home” has the meaning given in s. 50.01 (3), Stats.

DHS 127.02(14) (14) “Outpatient occupational therapy services” has the meaning given in 42 USC 1395x(g).

DHS 127.02(15) (15) “Outpatient physical therapy services” has the meaning given in 42 USC 1395x(p).

DHS 127.02(16) (16) “Patient” means an individual who receives health care services, except nursing home services, from a rural medical center.

DHS 127.02(17) (17) “Provisional license” means department approval to operate a rural medical center for a temporary period of time, issued to a person who is either not currently licensed by the department or certified by the federal government to provide one or more of the health care services that the person seeks to provide as a rural medical center.

DHS 127.02(18) (18) “Rehabilitation agency” has the meaning given in 42 CFR 405.1702(i).

DHS 127.02(19) (19) “Resident” means a person who receives nursing home services from a rural medical center.

DHS 127.02(20) (20) “Rural health clinic” has the meaning given in 42 USC 1395x(aa)(2).

DHS 127.02(21) (21) “Rural medical center” or “center” means an arrangement of facilities, equipment, services and personnel that is all of the following:

DHS 127.02(21)(a) (a) Organized under a single governing and corporate structure.