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.

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: