DHS 127.06DHS 127.06 Consolidated survey requirement. DHS 127.06(1)(1) Any survey by the department of a rural medical center shall be comprehensive and consolidated with all health care services listed on the license. In conducting a survey, the department shall select a sample of patients or residents served by the center to facilitate an outcome-based, program-wide consolidated survey. DHS 127.06(2)(2) The department shall afford opportunities for representatives of the rural medical center to consult with department staff concerning compliance, noncompliance and findings throughout the duration of a survey. DHS 127.06 HistoryHistory: Cr. Register, February, 1999, No. 518, eff. 3-1-99. DHS 127.07(1)(1) Notice of violation. Upon determining that a rural medical center is in violation of a requirement of this chapter, including any requirement under ss. DHS 127.16 to 127.24, the department shall promptly send a notice of violation to the chief executive officer, director, administrator or other designated agent of the rural medical center. The notice shall specify the rule violated and state the facts that constitute the violation. If the department receives a return receipt for the notice, the return receipt is conclusive evidence that the addressee received the notice. If the department does not receive a return receipt for the notice, the addressee shall be presumed to have received the notice on the fifth calendar day after the date the notice was mailed. DHS 127.07(2)(2) Plan of correction. Within 10 calendar days of receipt of a notice of violation under sub. (1), the rural medical center shall submit a plan of correction to the department, detailing how the center plans to correct the violation or how the center has already corrected the violation. If the rural medical center fails to submit an acceptable plan of correction, the department may impose a plan with which the center shall comply. The department shall verify that the rural medical center has completed or complied with the plan of correction. DHS 127.07(3)(3) Prohibitions. No person may do any of the following: DHS 127.07(3)(a)(a) Intentionally prevent, interfere with or impede in any way the work of any duly authorized representative of the department in making investigations under this chapter or in enforcing this chapter. DHS 127.07(3)(b)(b) Intentionally retaliate or discriminate against any patient, resident or employee of a rural medical center for contacting or providing information to any state agency, as defined by s. 16.004 (12) (a), Stats., or for initiating, participating in or testifying in an action to enforce any provision of this chapter. DHS 127.07(3)(c)(c) Intentionally destroy, change or modify the original report of an inspection that the department conducts under this chapter. DHS 127.07(3)(d)(d) Fail to correct, or attempt to interfere with the correction of, a violation within the maximum time for correction specified in a notice of violation or plan of correction, unless the department grants an extension and the rural medical center corrects the violation before expiration of the extension. DHS 127.07(3)(e)(e) Prevent or attempt to prevent any duly authorized representative of the department from examining any relevant accounts, books or records of the center in the conduct of official duties under this chapter. DHS 127.07(3)(f)(f) Prevent or attempt to prevent any duly authorized representative of the department from preserving evidence of any violation of any provision of this chapter. DHS 127.07(4)(4) Penalties. As provided by s. 50.55 (2), Stats., whoever violates sub. (3) (a), (b), or (c) may be imprisoned for up to 6 months or fined not more than $1,000, or both, for each violation. DHS 127.07(5)(5) Forfeitures. The department may assess forfeitures in the manner prescribed by s. 50.55, Stats., against any person who violates any provision of this chapter except sub. (3) (a), (b), or (c). DHS 127.07(6)(6) Appeal. Except as provided by s. 50.55 (1), Stats., a rural medical center that chooses to contest any department assessment under sub. (5) may request a hearing by sending, within 10 calendar days after receipt of a notice of assessment, a written request for hearing under ch. 227, Stats., to the department of administration’s division of hearings and appeals. DHS 127.07 NoteNote: A hearing request should be sent or may be delivered to the Department of Administration’s Division of Hearings and Appeals, 5005 University Avenue, Suite 201, Madison, Wisconsin, 53705-5400.
DHS 127.07 HistoryHistory: Cr., Register, February, 1999, No. 518, eff. 3-1-99; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637. DHS 127.08(1)(a)(a) “Variance” means the granting by the department of an alternative requirement in place of a nonstatutory requirement of this chapter. DHS 127.08(1)(b)(b) “Waiver” means the granting by the department of an exception from a nonstatutory requirement of this chapter. DHS 127.08(2)(2) Requirements for waivers and variances. The department may grant a waiver or variance if the department finds that: DHS 127.08(2)(a)(a) The waiver or variance will not adversely affect the health, safety or welfare of any rural medical center patient or resident. DHS 127.08(2)(b)(b) The requirement from which the rural medical center seeks relief would result in unreasonable hardship or is infeasible as applied to the rural medical center or a patient or resident of the rural medical center. DHS 127.08(2)(c)(c) If the request is for a variance, the proposed condition, method, procedure, practice, technique, equipment, personnel qualification, pilot project or other alternative is in the interests of the management of patient or resident care.