Chapter DHS 131

DHS 131.25(6)(b)1. 1. Assessment of nutritional needs and food patterns;

DHS 131.25(6)(b)2. 2. Planning diets appropriate for meeting patient needs and preferences; and

DHS 131.25(6)(b)3. 3. Providing nutrition education and counseling to meet patient needs, as well as necessary consultation to hospice employees.

DHS 131.25(6)(c) (c) Spiritual counseling. The hospice shall do all of the following:

DHS 131.25(6)(c)1. 1. Provide an assessment of the patient’s and family’s spiritual needs.

DHS 131.25(6)(c)2. 2. Provide spiritual counseling to meet these needs in accordance with the patient’s and family’s acceptance of this service, and in a manner consistent with patient and family beliefs and desires.

DHS 131.25(6)(c)3. 3. Make all reasonable efforts to facilitate visits by local clergy, pastoral counselors, or other individuals who can support the patient’s spiritual needs to the best of its ability.

DHS 131.25(6)(c)4. 4. Advise the patient and family of this service.

DHS 131.25 History History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10; CR 19-092: am. (6) (a) 1., (b) Register July 2020 No. 775, eff. 8-1-20.

DHS 131.26 DHS 131.26 Non-core services.

DHS 131.26(1) (1) General requirements. A hospice is responsible for providing care and services to a patient and, as necessary, the patient’s family, based on the plan of care developed by the core team. Volunteers shall participate in the delivery of program services. The hospice may provide other services as follows:

DHS 131.26(1)(a) (a) Therapy services. Therapy services are provided in accordance with the plan of care for the patient and by individuals who meet qualification requirements for therapy service delivery such as evidence of current licensure or registration and academic training. Therapy services shall consist of all of the following:

DHS 131.26(1)(a)1. 1. Physical, occupational, speech and language pathology or respiratory therapy.

DHS 131.26(1)(a)2. 2. The provision of a patient assessment as directed by the plan of care.

DHS 131.26(1)(a)3. 3. The development of a therapy plan of care.

DHS 131.26(1)(b) (b) Homemaker services. If homemaker services are provided, they shall be provided in accordance with the patient’s plan of care and shall consist of:

DHS 131.26(1)(b)1. 1. Housekeeping activities.

DHS 131.26(1)(b)2. 2. Performing errands and shopping.

DHS 131.26(1)(b)3. 3. Providing transportation.

DHS 131.26(1)(b)4. 4. Preparing meals.

DHS 131.26(1)(b)5. 5. Other assigned tasks intended to maintain the capacity of the household.

DHS 131.26(2) (2) Nurse aide services. The hospice may provide nurse aide services as follows:

DHS 131.26(2)(a) (a) Assignment. Nurse aides are assigned to a specific patient by a registered nurse that is a member of the interdisciplinary group. Written patient care instructions for a nurse aide shall be prepared by a registered nurse who is responsible for the supervision of a nurse aide as specified under par. (c).

DHS 131.26(2)(b) (b) Plan of care. The nurse aide shall provide care in accordance with the patient’s plan of care. Nurse aide services consist of, but are not be limited to all of the following:

DHS 131.26(2)(b)1. 1. Assisting patients with personal hygiene.

DHS 131.26(2)(b)2. 2. Assisting patients into and out of bed and with ambulation.

DHS 131.26(2)(b)3. 3. Assisting with prescribed exercises which patients and hospice aides have been taught by appropriate health care personnel.

DHS 131.26(2)(b)4. 4. Assisting patients to the bathroom or in using a bedpan.

DHS 131.26(2)(b)5. 5. Assisting patients with self-administration of medications.

DHS 131.26(2)(b)6. 6. Administering medications to patients if the aide has completed a state-approved medications administration course and has been delegated this responsibility in writing for the specific patient by a registered nurse.

DHS 131.26(2)(b)7. 7. Reporting changes in the patient’s condition and needs.

DHS 131.26(2)(b)8. 8. Completing appropriate records.

DHS 131.26(2)(c) (c) Supervision of nurse aides.

DHS 131.26(2)(c)1. 1. A registered nurse shall make an on-site visit to the patient’s home no less frequently than every 14 days to assess the quality of care and services provided by the nurse aide and to ensure that services ordered by the hospice interdisciplinary group meet the patient’s needs. The nurse aide does not have to be present during this visit.

DHS 131.26(2)(c)2. 2. If an area of concern is noted by the supervising nurse, then the hospice shall make an on-site visit to the location where the patient is receiving care in order to observe and assess the aide while the aide is performing care.

DHS 131.26(2)(c)3. 3. If an area of concern is verified by the hospice during the on-site visit, then the hospice shall conduct, and the nurse aide shall complete a competency evaluation.

DHS 131.26(2)(c)4. 4. A registered nurse shall make an annual on-site visit to the location where a patient is receiving care in order to observe and assess each aide while the aide is performing care.

DHS 131.26(2)(d) (d) Assessment of aide. The supervising nurse shall assess an aide’s ability to demonstrate initial and continued satisfactory performance in meeting outcome criteria that include all of the following, but is not limited to:

DHS 131.26(2)(d)1. 1. Following the patient’s plan of care for completion of tasks assigned to the nurse aide by the registered nurse.

DHS 131.26(2)(d)2. 2. Creating successful interpersonal relationships with the patient and family.

DHS 131.26(2)(d)3. 3. Demonstrating competency with assigned tasks.

DHS 131.26(2)(d)4. 4. Complying with infection control policies and procedures.

DHS 131.26(2)(d)5. 5. Reporting changes in the patient’s condition.

DHS 131.26 History History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.

DHS 131.27 DHS 131.27 Volunteers. Prior to beginning patient care, a volunteer shall be oriented to the hospice program and shall have the training for the duties to which he or she is assigned.

DHS 131.27 History History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.

DHS 131.28 DHS 131.28 Governing body.

DHS 131.28(1) (1) Each hospice shall have a governing body that assumes full legal responsibility for determining, implementing and monitoring the overall conduct and operation of the program, including the quality of the care and services.

DHS 131.28(2) (2) The governing body shall do all of the following:

DHS 131.28(2)(a) (a) Be responsible for the establishment and maintenance of policies and for the management, operation and evaluation of the hospice.

DHS 131.28(2)(b) (b) Adopt a statement that designates the services the hospice will provide and the setting or settings in which the hospice will provide care.

DHS 131.28(2)(c) (c) Ensure that all services are provided consistent with accepted standards of professional practice.

DHS 131.28(2)(d) (d) Appoint an administrator and delegate to the administrator the authority to operate the hospice in accordance with policies established by the governing body.

DHS 131.28(2)(e) (e) Ensure that nursing and physician services and drugs and biologicals are routinely available on a 24 hour basis 7 days a week.

DHS 131.28(2)(f) (f) Ensure that other covered services are available on a 24 hour basis when reasonable and necessary to meet the needs of the patient and family.

DHS 131.28 History History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.

DHS 131.29 DHS 131.29 Administration.

DHS 131.29(1) (1) Administrator. The administrator shall be responsible for day-to-day operation of the hospice.

DHS 131.29(2) (2) Duties of the administrator. The administrator shall do all of the following:

DHS 131.29(2)(a) (a) Implement and regularly evaluate policies for the management and operation of the hospice and evaluation of the overall program performance of the hospice, and implement and regularly evaluate procedures consistent with those policies.

DHS 131.29(2)(b) (b) Establish an organizational structure appropriate for directing the work of the hospice’s employees in accordance with the program’s policies and procedures.

DHS 131.29(2)(c) (c) Maintain a continuous liaison between the governing body and the hospice employees.

DHS 131.29(2)(d) (d) Ensure that employees are oriented to the program and their responsibilities, that they are continuously trained and that their performance is evaluated.

DHS 131.29(2)(e) (e) Designate in writing, with the knowledge of the governing body, a qualified person to act in his or her absence.

DHS 131.29 History History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.

DHS 131.30 DHS 131.30 Professional management responsibility.

DHS 131.30(1) (1) Responsibility. The hospice is responsible for providing services to the patient or family, or both, based on assessed need and as established by the plan of care.

DHS 131.30(2) (2) Contract services. The hospice may contract with other providers for the provision of services to a patient or the patient’s family, or both, in which case the hospice shall retain responsibility for the quality, availability, safety, effectiveness, documentation and overall coordination of the care provided to the patient or the patient’s family, or both, as directed by the hospice plan of care. The hospice shall:

DHS 131.30(2)(a) (a) Ensure that there is continuity of care for the patient or the patient’s family, or both, in the relevant care setting.

DHS 131.30(2)(b) (b) Be responsible for all services delivered to the patient or the patient’s family, or both, through the contract. The written contract shall include all of the following:

DHS 131.30(2)(b)1. 1. Identification of the services to be provided.

DHS 131.30(2)(b)2. 2. Stipulation that services are to be provided only with the authorization of the hospice and as directed by the hospice plan of care for the patient.

DHS 131.30(2)(b)3. 3. The manner in which the contracted services are coordinated and supervised by the hospice.

DHS 131.30(2)(b)4. 4. The delineation of the roles of the hospice and service provider in the admission process, assessment, interdisciplinary group meetings and ongoing provision of palliative and supportive care.

DHS 131.30(2)(b)5. 5. A method of evaluation of the effectiveness of those contracted services through the quality assurance program under s. DHS 131.22.

DHS 131.30(2)(b)6. 6. The qualifications of the personnel providing the services.

DHS 131.30(2)(c) (c) Evaluate the services provided under a contractual arrangement on an annual basis.

DHS 131.30 History History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.

DHS 131.31 DHS 131.31 Employees.

DHS 131.31(1) (1) Caregiver background checks. Each hospice shall comply with the caregiver background check and misconduct reporting requirements in s. 50.065, Stats., and ch. DHS 12, and the caregiver misconduct reporting and investigation requirements in ch. DHS 13.

DHS 131.31(2) (2) General requirements. Prior to beginning patient care, every employee or contracted staff shall be oriented to the hospice program and the job to which he or she is assigned.

DHS 131.31(3) (3) Orientation program. A hospice’s orientation program shall include all of the following:

DHS 131.31(3)(a) (a) An overview of the hospice’s goal in providing palliative care.

DHS 131.31(3)(b) (b) Policies and services of the program.

DHS 131.31(3)(c) (c) Information concerning specific job duties.

DHS 131.31(3)(d) (d) The role of the plan of care in determining the services to be provided.

DHS 131.31(3)(e) (e) Ethics, confidentiality of patient information, patient rights and grievance procedures.

DHS 131.31(4) (4) Duties. Hospice employees or contracted staff may be assigned only those duties for which they are capable, as evidenced by documented training or possession of a license or certificate.

DHS 131.31(5) (5) Continuous training. A program of continuing training directed at maintenance of appropriate skill levels shall be provided for all hospice employees providing services to patients and their families.