DHS 131.16(3)(a) (a) Application.

DHS 131.16(3)(a)1. 1. An application for a waiver of or variance from a requirement of this chapter shall be made in writing to the department, specifying all of the following:

DHS 131.16(3)(a)1.a. a. The rule from which the waiver or variance is requested.

DHS 131.16(3)(a)1.b. b. The time period for which the waiver or variance is requested.

DHS 131.16(3)(a)1.c. c. If the request is for a variance, the specific alternative action which the facility proposes.

DHS 131.16(3)(a)1.d. d. The reasons for the request.

DHS 131.16(3)(a)1.e. e. Justification that a requirement under sub. (2) would be satisfied.

DHS 131.16(3)(a)2. 2. A request for a waiver or variance may be made at any time.

DHS 131.16(3)(a)3. 3. The department may require additional information from the hospice prior to acting on the request.

DHS 131.16(3)(b) (b) Grants and denials.

DHS 131.16(3)(b)1. 1. The department shall grant or deny each request for waiver or variance in writing. A notice of denial shall contain the reasons for denial. If a notice of denial is not issued within 60 days after the receipt of a complete request, the waiver or variance shall be automatically approved.

DHS 131.16(3)(b)2. 2. The terms of a requested variance may be modified upon agreement between the department and the hospice.

DHS 131.16(3)(b)3. 3. The department may impose conditions on the granting of a waiver or variance which it deems necessary.

DHS 131.16(3)(b)4. 4. The department may limit the duration of a waiver or variance.

DHS 131.16(3)(c) (c) Hearings.

DHS 131.16(3)(c)1. 1. Denial of a requested waiver or variance may be contested by requesting a hearing as provided by ch. 227, Stats.

DHS 131.16(3)(c)2. 2. The licensee shall sustain the burden of proving that the denial of a waiver or variance was unreasonable.

DHS 131.16(3)(d) (d) Revocation. The department may revoke a waiver or variance for any of the following reasons:

DHS 131.16(3)(d)1. 1. The department determines that the waiver or variance is adversely affecting the health, safety or welfare of the patients.

DHS 131.16(3)(d)2. 2. The hospice has failed to comply with the waiver or variance as granted.

DHS 131.16(3)(d)3. 3. The licensee notifies the department in writing of the desire to relinquish the waiver or variance and be subject to the requirement for which the waiver or variance was previously granted.

DHS 131.16(3)(d)4. 4. Revocation is required by a change in law.

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.