Chapter DHS 131

DHS 131.16 History History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.

subch. II of ch. DHS 131 Subchapter II — Patient Rights

DHS 131.17 DHS 131.17 Admission.

DHS 131.17(1) (1) Program description. A hospice shall have a written description of its program that clearly describes the general patient and family needs that can be met by the hospice, and that includes written admission policies that includes all of the following:

DHS 131.17(1)(a) (a) Clearly define the philosophy of the program.

DHS 131.17(1)(b) (b) Limit admission to individuals with terminal illness as defined under s. DHS 131.13 (24).

DHS 131.17(1)(c) (c) Clearly define the hospice’s limits in providing services and the settings for service provision.

DHS 131.17(1)(d) (d) Ensure protection of patient rights.

DHS 131.17(1)(e) (e) Provide clear information about services available for the prospective patient and his or her representative, if any.

DHS 131.17(1)(f) (f) Allow an individual to receive hospice services whether or not the individual has executed an advance directive.

DHS 131.17(2) (2) Program explanation.

DHS 131.17(2)(a) (a) A hospice employee shall inform the person and his or her representative, if any, of admission policies under sub. (1).

DHS 131.17(3) (3) Initial determination.

DHS 131.17(3)(a) (a) The hospice employee shall, based on the needs described by the person seeking admission or that person’s representative, if any, or both, make an initial determination as to whether or not the hospice is generally able to meet those needs.

DHS 131.17(3)(b) (b) If the hospice employee determines that the hospice does not have the general capability to provide the needed services, the hospice may not admit the person but rather shall suggest to the referring source alternative programs that may meet the described needs.

DHS 131.17(4) (4) Patient acknowledgement and hospice acceptance. The person seeking admission to the hospice shall be recognized as being admitted after:

DHS 131.17(4)(a) (a) Completion of the assessment under sub. (3).

DHS 131.17(4)(b) (b) Completion of a service agreement in which:

DHS 131.17(4)(b)1. 1. The person or the person’s representative, if any, acknowledges, in writing, that he or she has been informed about admission policies and services.

DHS 131.17(4)(b)2. 2. The hospice agrees to provide care for the person.

DHS 131.17(4)(b)3. 3. The person or the person’s representative, if any, authorizes services in writing.

DHS 131.17(5) (5) Prohibition. Any person determined not to have a terminal illness as defined under s. DHS 131.13 (24) may not be admitted to the hospice.

DHS 131.17 History History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.

DHS 131.18 DHS 131.18 Discharge.

DHS 131.18(1) (1) Obligation. Once a hospice has admitted a patient to the program, and the patient or the patient’s representative, if any, has signed the acknowledgement and authorization for services under s. DHS 131.17 (4) (b), the hospice is obligated to provide care to that patient.

DHS 131.18(2) (2) Written policy. The hospice shall have a written policy that details the manner in which the hospice is able to end its obligation to a patient. This policy shall be provided to the patient or patient’s representative, if any, as part of the acknowledgement and authorization process at the time of the patient’s admission. The policy shall include all of the following as a basis for discharging a patient:

DHS 131.18(2)(a) (a) The hospice may discharge a patient:

DHS 131.18(2)(a)1. 1. Upon the request or with the informed consent of the patient or the patient’s representative.

DHS 131.18(2)(a)2. 2. If the patient elects care other than hospice care at any time.

DHS 131.18(2)(a)3. 3. If the patient elects active treatment, inconsistent with the role of palliative hospice care.

DHS 131.18(2)(a)4. 4. If the patient moves out of the geographical area served by the hospice or into a facility that does not have a contract with the hospice.

DHS 131.18(2)(a)5. 5. If the patient requests services in a setting that exceeds the limitations of the hospice’s authority.

DHS 131.18(2)(a)6. 6. For nonpayment of charges, following reasonable opportunity to pay any deficiency.

DHS 131.18(2)(a)7. 7. For the patient’s safety and welfare or the safety and welfare of others, if the hospice determines that the behavior of the patient or other persons in the patient’s home is disruptive, abusive, or uncooperative to the extent that delivery of care to the patient or the ability of the hospice to operate effectively is seriously impaired.

DHS 131.18(2)(a)8. 8. If the hospice determines that the patient is no longer terminally ill.

DHS 131.18(2)(b) (b) The hospice shall do all of the following before it seeks to discharge a patient whose behavior or the behavior of other persons in the patient’s home, is disruptive, abusive, or uncooperative to the extent that delivery of care to the patient or the ability of the hospice to operate effectively is seriously impaired:

DHS 131.18(2)(b)1. 1. Advise the patient that a discharge for cause is being considered.

DHS 131.18(2)(b)2. 2. Make a serious effort to resolve the problem or problems presented by the patient’s behavior or situation.

DHS 131.18(2)(b)3. 3. Ascertain that the patient’s proposed discharge is not due to the patient’s use of necessary hospice services.

DHS 131.18(2)(b)4. 4. Document the matter and enter this documentation into the patient’s clinical record.

DHS 131.18(3) (3) Notice.

DHS 131.18(3)(a) (a) When a patient is being discharged for a reason given in sub. (2) (a) 1.,2., 3., 4., 5., 7., or 8., the hospice shall give written notice of the discharge to the patient or patient’s representative, if any, a family representative and the attending physician.

DHS 131.18(3)(b) (b) When a patient is being discharged for the reason given in sub. (2) (a) 6., the hospice shall give written notice of the discharge at least 14 days prior to the date of discharge, and indicate a proposed date for pre-discharge planning. The written notice shall be given to the patient or patient’s representative, if any, a family representative and the attending physician.

DHS 131.18(4) (4) Planning. The hospice shall conduct the pre-discharge planning with the patient or the patient’s representative and review the need for discharge, assess the effect of discharge on the patient, discuss alternative placements and develop a comprehensive discharge plan.

DHS 131.18 History History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10; CR 19-092: am. (2) (a) 4., 7., r. and recr. (3), am. (4) Register July 2020 No. 775, eff. 8-1-20.

DHS 131.19 DHS 131.19 Patient rights.

DHS 131.19(1) (1) General information. A hospice shall provide each patient and patient’s representative, if any, with a written statement of the rights of patients before services are provided, and shall fully inform each patient and patient’s representative, if any, of all of the following:

DHS 131.19(1)(a) (a) Those patient rights and all hospice rules and regulations governing patient responsibilities, which shall be evidenced by written acknowledgement provided by the patient, if possible, or the patient’s representative, if any, prior to receipt of services.

DHS 131.19(1)(b) (b) The right to prepare an advance directive.

DHS 131.19(1)(c) (c) The right to be informed of any significant change in the patient’s needs or status.

DHS 131.19(1)(d) (d) The hospice’s criteria for discharging the individual from the program.

DHS 131.19(2) (2) rights of patients. In addition to rights to the information under sub. (1), each patient shall have all of the following rights:

DHS 131.19(2)(a) (a) To receive effective pain management and symptom control from the hospice for conditions related to the terminal illness.

DHS 131.19(2)(b) (b) To participate in planning care and in planning changes in care.

DHS 131.19(2)(c) (c) To select or refuse care or treatment.

DHS 131.19(2)(d) (d) To choose his or her attending physician.

DHS 131.19(2)(e) (e) To confidential treatment of personal and clinical record information and to approve or refuse release of information to any individual outside the hospice, except in the case of transfer to another health care facility, or as required by law or third party payment contract.

DHS 131.19(2)(f) (f) To request and receive an exact copy of one’s clinical record.

DHS 131.19(2)(g) (g) To be free from mistreatment, neglect, or verbal, mental, sexual, and physical abuse, including injuries of unknown source, and misappropriation of patient property.

DHS 131.19(2)(h) (h) To be free from restraints and seclusion except as authorized in writing by the attending physician to provide palliative care for a specified and limited period of time and documented in the plan of care.

DHS 131.19(2)(i) (i) To be treated with courtesy, respect and full recognition of the patient’s dignity and individuality and to choose physical and emotional privacy in treatment, living arrangements and the care of personal needs.

DHS 131.19(2)(j) (j) To privately communicate with others without restrictions.

DHS 131.19(2)(k) (k) To receive visitors at any hour, including small children, and to refuse visitors.

DHS 131.19(2)(L) (L) To be informed prior to admission of the types of services available from the hospice, including contracted services and specialized services for unique patient groups such as children.

DHS 131.19(2)(m) (m) To be informed of those items and services that the hospice offers and for which the resident may be charged, and the amount of charges for those services.

DHS 131.19(3) (3) Patient complaint procedure. Each patient shall have the right, on his or her own behalf or through others, to do all of the following:

DHS 131.19(3)(a) (a) Express a complaint to hospice employees, without fear of reprisal, about the care and services provided and to have the hospice investigate the complaint in accordance with an established complaint procedure. The hospice shall document both the existence of the complaint and the resolution of the complaint.

DHS 131.19(3)(b) (b) Express complaints to the department, and to receive a statement provided by the department setting forth the right to and procedure for filing verbal or written complaints with the department.

DHS 131.19(3)(c) (c) Be advised of the availability of a toll-free hotline, including its telephone number, to receive complaints or questions about local hospices, and be advised of the availability of the long term care ombudsman to provide patient advocacy and other services under s. 16.009, Stats.

DHS 131.19 History History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.

subch. III of ch. DHS 131 Subchapter III — Patient Care

DHS 131.20 DHS 131.20 Assessment.

DHS 131.20(1) (1) Initial assessment.

DHS 131.20(1)(a) (a) If the hospice determines that it has the general capability to meet the prospective patient’s described needs, a registered nurse shall perform an initial assessment of the person’s immediate needs and shall describe in writing the person’s current status, including physical condition, present pain status, emotional status, pertinent psychosocial and spiritual concerns and coping ability of the prospective patient and family support system, and shall determine the appropriateness or inappropriateness of admission to the hospice based on the assessment.

DHS 131.20(1)(b) (b) The designated hospice employee shall confer with at least one other core team member and receive that person’s views in order to start the initial plan of care.

DHS 131.20(2) (2) Time frame for completion of the comprehensive assessment. The hospice interdisciplinary group, in consultation with the individual’s attending physician, if any, shall complete the comprehensive assessment no later than 5 calendar days after the election of hospice care.

DHS 131.20(3) (3) Content of the comprehensive assessment. The comprehensive assessment shall identify the physical, psychosocial, emotional, and spiritual needs related to the terminal illness that shall be addressed in order to promote the hospice patient’s well-being, comfort, and dignity throughout the dying process. The comprehensive assessment shall take into consideration all of the following factors:

DHS 131.20(3)(a) (a) The nature and condition causing admission including the presence or lack of objective data and subjective complaints.

DHS 131.20(3)(b) (b) Complications and risk factors that affect care planning.

DHS 131.20(3)(c) (c) Functional status, including the patient’s ability to understand and participate in his or her own care.

DHS 131.20(3)(d) (d) Imminence of death.

DHS 131.20(3)(e) (e) Severity of symptoms.

DHS 131.20(3)(f) (f) Drug profile. A review of the patient’s prescription and over-the-counter drugs, herbal remedies and other alternative treatments that could affect drug therapy. This includes, but is not limited to, identification of the following:

DHS 131.20(3)(f)1. 1. Effectiveness of drug therapy.

DHS 131.20(3)(f)2. 2. Drug side effects.

DHS 131.20(3)(f)3. 3. Actual or potential drug interactions.

DHS 131.20(3)(f)4. 4. Duplicate drug therapy.

DHS 131.20(3)(f)5. 5. Drug therapy currently associated with laboratory monitoring.

DHS 131.20(3)(g) (g) Bereavement. An initial bereavement assessment of the needs of the patient’s family and other individuals focusing on the social, spiritual, and cultural factors that may impact their ability to cope with the patient’s death. Information gathered from the initial bereavement assessment shall be incorporated into the plan of care and considered in the bereavement plan of care.