Chapter DHS 134

DHS 134.70(3)(b)8. 8. In the case of a person admitted for recuperative care, the terms for holding and charging for a bed during the resident’s temporary absence; and

DHS 134.70(3)(b)9. 9. In summary form, the residents’ rights recognized and protected by s. DHS 134.31 and all facility policies and regulations governing resident conduct and responsibilities.

DHS 134.70(4) (4) Medications.

DHS 134.70(4)(a) (a) The consulting or staff pharmacist shall review the drug regimen of each person admitted to the facility for respite care or recuperative care as part of the comprehensive resident assessment under sub. (2) (a) 1. or (b) 4.

DHS 134.70(4)(b) (b) The consulting or staff pharmacist, who is required under s. DHS 134.67 (3) (b) to visit the facility at least quarterly to review drug regimens and medication practices, shall review the drug regimen of each resident admitted for recuperative care and the drug regimen of each resident admitted for respite care who may still be a resident of the facility at the time of the pharmacist’s visit.

DHS 134.70(4)(c) (c) Respite care residents and recuperative care residents may bring medications into the facility as permitted by written policy of the facility.

DHS 134.70(5) (5) Physician visits. The requirements under s. DHS 134.66 (2) (b) for physician visits do not apply in the case of a respite care resident, except when the nursing assessment indicates there has been a change in the resident’s condition following admission, in which case the physician shall visit the resident if this appears indicated by the assessment of the resident.

DHS 134.70(6) (6) Pre-discharge planning conference.

DHS 134.70(6)(a) (a) For residents receiving recuperative care, a planning conference shall be conducted at least 10 days before the designated date of termination of the short-term care, except in an emergency, to determine the appropriateness of discharge or need for the resident to stay at the facility. At the planning conference a care plan shall be developed for a resident who is being discharged to home care or to another health care facility. If discharge is not appropriate, the period for recuperative care shall be extended, if it was originally less than 90 days, for up to the 90 day limit, or arrangements shall be made to admit the person to the facility for care that is not short-term, as appropriate.

DHS 134.70(6)(b) (b) Paragraph (a) takes the place of s. DHS 134.53 (4) (c) 1. and 2. for recuperative care residents.

DHS 134.70(7) (7) Records.

DHS 134.70(7)(a) (a) Contents. The medical record for each respite care resident and each recuperative care resident shall include, in place of the items required under s. DHS 134.47 (4):

DHS 134.70(7)(a)1. 1. The resident care plan prepared under sub. (2) (a) 2. or (b) 5.;

DHS 134.70(7)(a)2. 2. Admission nursing notes identifying pertinent problems to be addressed and areas of care to be maintained;

DHS 134.70(7)(a)3. 3. For recuperative care residents, nursing notes addressing pertinent problems identified in the resident care plan and, for respite care residents, nursing notes prepared by a registered nurse or licensed practical nurse to document the resident’s condition and the care provided;

DHS 134.70(7)(a)4. 4. Physicians’ orders;

DHS 134.70(7)(a)5. 5. A record of medications;

DHS 134.70(7)(a)6. 6. Any progress notes by physicians or other persons providing health care to the resident that document resident care and progress;

DHS 134.70(7)(a)7. 7. For respite care residents, a record of change in condition during the stay at the facility; and

DHS 134.70(7)(a)8. 8. For recuperative care residents, the physician’s discharge summary with identification of resident progress and, for respite care residents, the registered nurse’s discharge summary with notes of resident progress during the stay.

DHS 134.70(7)(b) (b) Location and accessibility. The medical record for each short-term care resident shall be kept with the medical records of other residents and shall be readily accessible to authorized representatives of the department.

DHS 134.70 History History: Cr. Register, June, 1988, No. 390, eff. 7-1-88.

subch. VI of ch. DHS 134 Subchapter VI — Physical Environment

DHS 134.71 DHS 134.71 Furniture, equipment and supplies.

DHS 134.71(1) (1) Furniture in resident care areas.

DHS 134.71(1)(a) (a) Beds.

DHS 134.71(1)(a)1. 1. The facility shall provide each resident with a separate bed of proper size and height for the convenience of the resident. The bed shall be in good repair and have a headboard of sturdy construction. Rollaway beds, day beds, cots, double-beds or folding beds may not be used.

DHS 134.71(1)(a)2. 2. Each bed shall be provided with a clean, comfortable mattress of appropriate size for the bed.

DHS 134.71(1)(a)3. 3. When required by the resident’s condition or age, or both, side rails shall be installed for both sides of the bed.

DHS 134.71(1)(a)4. 4. Each resident shall be provided at least one clean, comfortable pillow. Additional pillows shall be provided if requested by the resident or required by the resident’s condition.

DHS 134.71(1)(a)5. 5. Each bed shall have a mattress pad.

DHS 134.71(1)(a)6. 6. A moisture-proof mattress cover shall be provided for each mattress to keep the mattress clean and dry. A moisture-proof pillow cover shall be provided for each pillow to keep the pillow clean and dry.

DHS 134.71(1)(a)7. 7. A supply of sheets and pillow cases sufficient to keep beds clean and odor-free shall be stocked. At least 2 sheets and 2 pillow cases shall be furnished to each resident each week.

DHS 134.71(1)(a)8. 8. A sufficient number of blankets appropriate to the weather and seasonal changes shall be provided. Blankets shall be changed and laundered as necessary to maintain cleanliness.

DHS 134.71(1)(a)9. 9. Each bed shall have a clean, washable bedspread.

DHS 134.71(1)(b) (b) Other furnishings.

DHS 134.71(1)(b)1. 1. A dresser or adequate compartment or drawer space shall be provided for each resident to store personal clothing and effects and to store, as space permits, other personal possessions in a reasonably secure manner.

DHS 134.71 Note Note: See the requirements under s. DHS 134.84 (2) (g) and (6) (a) for closet space and resident storage.

DHS 134.71(1)(b)2. 2. Other appropriate furniture, such as a table or desk and a chair, shall be provided for each resident.

DHS 134.71(2) (2) Towels and washcloths. Clean towels and washcloths shall be provided to each resident as needed. Towels and washcloths may not be used by more than one resident between launderings.

DHS 134.71(3) (3) Window coverings. Every window shall be supplied with flame-retardant shades, draw drapes or other covering material or devices which, when properly used and maintained, shall afford privacy and light control for the resident.

DHS 134.71(4) (4) Maintenance. All furnishings and equipment shall be maintained in a usable, safe and sanitary condition.

DHS 134.71(5) (5) Oxygen. Facilities that have residents who require oxygen shall meet all of the following requirements:

DHS 134.71(5)(a) (a) No oil or grease may be used on oxygen equipment.

DHS 134.71(5)(b) (b) When placed at the resident’s bedside, oxygen tanks shall be securely fastened to a tip-proof carrier or base.

DHS 134.71(5)(c) (c) Oxygen regulators may not be stored with solution left in the attached humidifier bottles.

DHS 134.71(5)(d) (d) When in use at the resident’s bedside, cannulas, hoses, and humidifier bottles shall be maintained and used in accordance with current standards of practice and manufacturers’ recommendations.

DHS 134.71(5)(e) (e) Disposable inhalation equipment shall be maintained and used in accordance with current standards of practice and manufacturers’ recommendations.

DHS 134.71(5)(f) (f) With nondisposable inhalation equipment such as intermittent positive pressure breathing equipment, the entire resident breathing circuit, including nebulizers and humidifiers, shall be maintained and used in accordance with current standards of practice and manufacturers’ recommendations.

DHS 134.71(5)(g) (g) Warning signs shall be posted when oxygen is in use.

DHS 134.71 History History: Cr. Register, June, 1988, No. 390, eff. 7-1-88; 2015 Wis. Act 107: am. (5) (intro.), (a) to (f) Register November 2015 No. 719, eff. 12-1-15.

DHS 134.72 DHS 134.72 Safety and sanitation.

DHS 134.72(1) (1) General requirement. Facilities shall develop and implement policies that provide for a safe and sanitary environment for residents and personnel at all times.

DHS 134.72(2) (2) Cleaning and repair.

DHS 134.72(2)(a) (a) General. Facilities shall be kept clean and free from offensive odors, accumulations of dirt, rubbish, dust and safety hazards.

DHS 134.72(2)(b) (b) Floors. Floors and carpeting shall be kept clean. If polishes are used on floors, a nonslip finish shall be provided. Carpeting or any other material covering the floors that is worn, damaged, contaminated or badly soiled shall be replaced.

DHS 134.72(2)(c) (c) Ceilings and walls.

DHS 134.72(2)(c)1. 1. Ceilings and walls shall be kept clean and in good repair. The interior and exterior of the buildings shall be painted or stained as needed to protect the surfaces. Loose, cracked or peeling wallpaper or paint shall be replaced or repaired.

DHS 134.72(2)(c)2. 2. A facility shall use lead-free paint inside the facility and shall remove or cover any surfaces containing lead-based paint that are accessible to residents.

DHS 134.72(2)(d) (d) Furnishings. All furniture and other furnishings shall be kept clean and in good repair at all times.

DHS 134.72(3) (3) Combustibles in storage areas. Attics, cellars and other storage areas shall be kept safe and free from dangerous accumulations of combustible materials. Combustibles, including cleaning rags and compounds, shall be kept in closed metal containers.

DHS 134.72(4) (4) Grounds. The grounds of the facility shall be kept free from refuse, litter and waste water. Areas around buildings, sidewalks, gardens and patios shall be kept clear of dense undergrowth.

DHS 134.72(5) (5) Poisons. All poisonous compounds shall be clearly labelled as poisonous and, when not in use, shall be stored in locked areas. These areas shall be separate from food storage, kitchenware storage and medication storage areas.

DHS 134.72(6) (6) Garbage.

DHS 134.72(6)(a) (a) All garbage and rubbish shall be stored in leakproof, nonabsorbent containers with close-fitting covers and in areas separate from areas used for the preparation and storage of food. Containers shall be cleaned regularly. Paperboard containers may not be used.

DHS 134.72(6)(b) (b) Garbage and rubbish shall be disposed of promptly in a safe and sanitary manner.

DHS 134.72 Note Note: See requirements for incineration under s. DHS 134.83 (8) (f).

DHS 134.72(7) (7) Linen and towels. Linens and towels shall be handled, stored, processed and transported in such a manner as to prevent the spread of infection. Soiled linen may not be sorted, rinsed or stored in bathrooms, resident rooms, kitchens, food storage areas or common hallways. If it is necessary to transport soiled linen through food preparation areas to laundry facilities, linens shall be in covered containers.

DHS 134.72(8) (8) Pest control.

DHS 134.72(8)(a) (a) Requirement. Facilities shall be maintained reasonably free from insects and rodents, with harborages and entrances of insects and rodents eliminated. When harborages and entrances of insects persist despite measures taken to eliminate them, pest control services shall be secured in accordance with the requirements of s. 94.705, Stats., to eliminate infestations.

DHS 134.72(8)(b) (b) Screening of windows and doors. All windows and doors used for ventilation purposes shall be provided with wire screening of not less than number 16 mesh or its equivalent and shall be properly installed and maintained to prevent entry of insects. Screen doors shall be self-closing and shall not interfere with exiting. Properly installed airflow curtains or fans may be used in lieu of screens.

DHS 134.72 History History: Cr. Register, June, 1988, No. 390, eff. 7-1-88.

subch. VII of ch. DHS 134 Subchapter VII — Life Safety, Design and Construction

DHS 134.81 DHS 134.81 Scope and definitions.

DHS 134.81(1) (1) Application. This subchapter applies to all facilities except where noted. Wherever a rule in s. DHS 134.83 or 134.84 modifies the applicable life safety code under s. DHS 134.82, the rule shall take precedence.

DHS 134.81(2) (2) Definitions. The definitions in the applicable life safety code required under s. DHS 134.82 apply to this subchapter. In addition, in this subchapter:

DHS 134.81(2)(a) (a) “Type I facility” means a facility first licensed by the department or the plans of which were approved by the department as a facility regulated under ch. H 30, 31 or 32 prior to January 23, 1968, or as a public institution serving people with developmental disabilities under ch. H 34 prior to or on November 1, 1972.

DHS 134.81(2)(b) (b) “Type II facility” means a facility the plans of which were approved by the department as a facility regulated under ch. H 30, 31 or 32, or under ch. HSS 3 or 132, on or after January 23, 1968, or which was approved as a public institution serving people with developmental disabilities under ch. H 34 after November 1, 1972, or which applies for approval on or after July 1, 1988, including new construction, an addition to an existing licensed facility and major remodeling, alteration or conversion of a facility.

DHS 134.81 History History: Cr. Register, June, 1988, No. 390, eff. 7-1-88; CR 04-053: am. (2) (a) and (b) Register October 2004 No. 586, eff. 11-1-04.

DHS 134.812 DHS 134.812 Review for compliance with this chapter and the state building code.

DHS 134.812(1) (1) The department shall review FDD construction and remodeling plans for compliance with this chapter and for compliance with the state commercial building code, chs. SPS 361 to 365, with the exception of s. SPS 361.31 (3). Where chs. SPS 361 to 365 refer to the department of safety and professional services, those rules shall be deemed for the purposes of review under this chapter to refer to the department of health services.

DHS 134.812(2) (2) The department shall have 45 working days from receipt of an application for plan review and all required forms, fees, plans and documents to complete the review and approve the plan, approve the plan with conditions or deny approval for the plan.

DHS 134.812 History History: Emerg. cr. eff. 7-1-96; cr. Register, December, 1996, No. 492, eff. 1-1-96; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register December 2003 No. 576; 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.

DHS 134.815 DHS 134.815 Fees for plan reviews.

DHS 134.815(1) (1) Requirement. Before the start of any construction or remodeling project for an FDD, the plans for the construction or remodeling shall be submitted to the department, pursuant to s. DHS 134.84 (1), for review and approval by the department. The fees established in this section shall be paid to the department for providing plan review services.

DHS 134.815(2) (2) Fee schedule.

DHS 134.815(2)(a) (a) General. The department shall charge a fee for the review under s. DHS 134.812 of plans for an FDD capital construction or remodeling project. The fee shall be based in part on the dollar value of the project, according to the schedule under par. (b), and in part on the total gross floor area in the plans, in accordance with par. (c). The total fee for plan review is determined under par. (d). Fees for review of partial plans, for revision of plans, for extensions of plan approval, and for handling and copying, and provisions for the collection and refund of fees are found in par. (e).

DHS 134.815(2)(b) (b) Fee part based on project dollar value. The part of the fee based on project dollar value shall be as follows:

DHS 134.815(2)(b)1. 1. For projects with an estimated dollar value of less than $5,000, $100;