DHS 124.04(3) (3) Procedures.

DHS 124.04(3)(a) (a) Applications.

DHS 124.04(3)(a)1. 1. All applications for the grant of a waiver or variance shall be made in writing to the department, specifying the following:

DHS 124.04(3)(a)1.a. a. The rule from which the waiver or variance is requested;

DHS 124.04(3)(a)1.b. b. The time period for which the waiver or variance is requested;

DHS 124.04(3)(a)1.c. c. If the request is for a variance, the specific alternative action which the facility proposes;

DHS 124.04(3)(a)1.d. d. The reasons for the request; and

DHS 124.04(3)(a)1.e. e. Justification that sub. (2) would be satisfied.

DHS 124.04(3)(a)2. 2. Requests for a waiver or variance may be made at any time.

DHS 124.04(3)(a)3. 3. The department may require additional information from the hospital prior to acting on the request.

DHS 124.04(3)(b) (b) Grants and denials.

DHS 124.04(3)(b)1. 1. The department shall grant or deny each request for waiver or variance in writing. Notice of a denial shall contain the reasons for denial.

DHS 124.04(3)(b)2. 2. The terms of a requested variance may be modified upon agreement between the department and the hospital.

DHS 124.04(3)(b)3. 3. The department may impose whatever conditions on the granting of a waiver or variance it considers necessary.

DHS 124.04(3)(b)4. 4. The department may limit the duration of any waiver or variance.

DHS 124.04(3)(c) (c) Hearings.

DHS 124.04(3)(c)1. 1. A hospital may contest the department’s action on the hospital’s application for a waiver or variance by requesting a hearing as provided by ch. 227, Stats.

DHS 124.04(3)(c)2. 2. The hospital shall sustain the burden of proving that the denial of a waiver or variance is unreasonable.

DHS 124.04(3)(d) (d) Revocation. The department may revoke a waiver or variance, subject to the hearing requirement in par. (c), if:

DHS 124.04(3)(d)1. 1. The department determines that the waiver or variance is adversely affecting the health, safety or welfare of the patients;

DHS 124.04(3)(d)2. 2. The hospital has failed to comply with the variance as granted or with a condition of the waiver or variance;

DHS 124.04(3)(d)3. 3. The person who has received the certificate of approval notifies the department in writing that the hospital wishes to relinquish the waiver or variance and be subject to the rule previously waived or varied; or

DHS 124.04(3)(d)4. 4. The revocation is required by a change in state law.

DHS 124.04 History History: Cr. Register, January, 1988, No. 385, eff. 2-1-88; CR 19-135: r. and recr. (2) Register June 2020 No. 774, eff. 7-1-20; correction in numbering in (2) made under s. 13.92 (4) (b) 1., Stats., Register June 2020 No. 774.

subch. II of ch. DHS 124 Subchapter II — Requirements

DHS 124.05 DHS 124.05 Statements of deficiency and plans of correction.

DHS 124.05(1) (1) Based upon an inspection and investigation by the department under s. 50.36 (4), Stats., the department may issue a statement of deficiency notifying the hospital of noncompliance with a requirement of ch. 50, Stats., or department rules.

DHS 124.05(2) (2) The hospital shall submit a plan of correction to the department within 10 calendar days, including holidays and weekends, after receiving a statement of deficiency. The plan of correction shall include a reasonable fixed time period within which deficiencies are to be corrected.

DHS 124.05(3) (3) After the plan of correction is submitted, the department shall determine whether the corrections proposed by the hospital would result in substantial compliance with the requirements of ch. 50, Stats., and department rules, and notify the hospital of the department’s determination. If the department determines the corrections proposed by the hospital would not result in substantial compliance, the department’s notice shall describe the deficiency of the plan of correction.