Chapter DHS 131

Register September 2010 No. 657

Chapter DHS 131

HOSPICES

Subchapter I — General Provisions

DHS 131.11   Authority and purpose.

DHS 131.12   Applicability.

DHS 131.13   Definitions.

DHS 131.14   License.

DHS 131.15   Inspections of licensed programs.

DHS 131.16   Waivers and variances.

Subchapter II — Patient Rights

DHS 131.17   Admission.

DHS 131.18   Discharge.

DHS 131.19   Patient rights.

Subchapter III — Patient Care

DHS 131.20   Assessment.

DHS 131.21   Plan of care.

DHS 131.22   Quality assessment and performance improvement.

DHS 131.23   Infection control.

Subchapter IV — Management

DHS 131.24   Employee health.

DHS 131.25   Core services.

DHS 131.26   Non-core services.

DHS 131.27   Volunteers.

DHS 131.28   Governing body.

DHS 131.29   Administration.

DHS 131.30   Professional management responsibility.

DHS 131.31   Employees.

DHS 131.32   Medical director.

DHS 131.33   Clinical record.

DHS 131.34   Personnel qualifications.

Subchapter V — Physical Environment

DHS 131.35   Definitions.

DHS 131.36   Scope.

DHS 131.37   Physical plant.

DHS 131.38   Fire protection.

DHS 131.39   Fire safety.

DHS 131.40   Plans for new construction and alterations.

DHS 131.41   Plan review.

DHS 131.42   Fees for plan reviews.

Ch. DHS 131 Note Note: Chapter HSS 131 was renumbered Chapter HFS 131 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, July, 1999, No. 523. Chapter HFS 131 was renumbered chapter DHS 131 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b 7., Stats., Register January 2009 No. 637. Chapter DHS 131 as it existed on September 30, 2010 was repealed and a new chapter DHS 131 was created, effective October 1, 2010.

subch. I of ch. DHS 131 Subchapter I — General Provisions

DHS 131.11 DHS 131.11 Authority and purpose. This chapter is promulgated under the authority of s. 50.95, Stats., to establish minimum standards for the operation of hospice programs in Wisconsin. The purpose of the chapter is to ensure that hospice patients receive safe and adequate care and support and that the health and safety of hospice patients, employees and volunteers are protected.

DHS 131.11 History History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.

DHS 131.12 DHS 131.12 Applicability. This chapter applies to all organizations, programs and places operating as hospices in Wisconsin.

DHS 131.12 History History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.

DHS 131.13 DHS 131.13 Definitions. In this chapter:

DHS 131.13(1) (1) “Advance directive” means a written instruction, such as a living will under ch. 154, Stats., or a power of attorney for health care under ch. 155, Stats., or as otherwise recognized by the courts of the state, relating to the provision or nonprovision of health care when the individual is incapacitated.

DHS 131.13(2) (2) “Advanced practice nurse” means a person who is certified as an advanced practice nurse as provided in ch. N 8.

DHS 131.13(3) (3) “Attending physician” means a person who is either a doctor of medicine or osteopathy legally authorized to practice medicine and surgery under ch. 448, Stats., physician assistant or a nurse practitioner who meets the training, education, and experience requirements specified in s. DHS 105.20 (1) and the who identified by the patient, at the time he or she elects to receive hospice care, as having the greatest overall role in the determination and delivery of the individual’s medical care.

DHS 131.13(4) (4) “Bereavement services” means emotional, psychosocial, and spiritual support and services provided before and after the death of the patient to assist with issues related to grief, loss, and adjustment.

DHS 131.13(5) (5) “Core team” means a defined group within the hospice’s interdisciplinary group that has represented on it physician, nurse, social worker and bereavement or other counseling services and that is responsible for all aspects of care and services to a patient and the patient’s family.

DHS 131.13(6) (6) “Department” means the Wisconsin department of health services.

DHS 131.13(7) (7) “Employee” means a person who:

DHS 131.13(7)(a) (a) Works for the hospice and for whom the hospice is required to issue a W–2 form on his or her behalf.

DHS 131.13(7)(b) (b) If the hospice is a subdivision of an agency or organization, an employee of the agency or organization who is appropriately trained and assigned to the hospice.

DHS 131.13(7)(c) (c) Is a volunteer under the jurisdiction of the hospice.

DHS 131.13(8) (8) “Family member” means an individual with significant personal ties to the hospice patient who is designated a family member by mutual agreement between the individual and the patient.

DHS 131.13(9) (9) “Hospice” means any of the following:

DHS 131.13(9)(a) (a) An organization that primarily provides palliative care and supportive care to an individual with terminal illness where he or she lives or stays and, if necessary to meet the needs of an individual with terminal illness, arranges for or provides short-term inpatient care and treatment or provides respite care.

DHS 131.13(9)(b) (b) A program within an organization that primarily provides palliative care and supportive care to an individual with terminal illness where he or she lives or stays, that uses designated staff time and facility services, that is distinct from other programs of care provided by the organization and, if necessary to meet the needs of an individual with terminal illness, that arranges for or provides short-term inpatient care and treatment or respite care.

DHS 131.13(9)(c) (c) A place, including a freestanding structure or a separate part of a structure in which other services are provided, that primarily provides palliative and supportive care and a place of residence to individuals with terminal illness and provides or arranges for short-term inpatient care as needed.