DHS 133.03(6)(b)(b) Changes requiring new application. A new application under sub. (3) shall be submitted to the department within 10 working days when any of the following changes has occurred: DHS 133.03(6)(b)1.1. The corporate licensee has transferred 50% or more of the issued stock to another party or other parties; DHS 133.03(6)(b)2.2. The licensee has transferred ownership of 50% or more of the assets to another party or other parties; DHS 133.03(6)(b)3.3. There has been change in partners or partnership interests of 50% or greater in terms of capital or share of profits; or DHS 133.03(7)(7) Denial or revocation. If at any time the department determines that there has been a substantial failure to comply with the requirements of this chapter, or that the license fee has not been paid, or that the information required by the department for licensure is not provided, it shall deny or revoke the license after providing notice to the licensee. DHS 133.03(8)(a)(a) An applicant or home health agency may appeal the following department actions: DHS 133.03(8)(b)(b) If a home health agency wants to contest a department action specified in par. (a), it shall file a written request for a hearing under s. 227.44, Stats., with the department of administration’s division of hearings and appeals within 10 days of receipt of notice of the contested action. DHS 133.03 NoteNote: The mailing address of the Division of Hearing and Appeals is: P.O. Box 7875, Madison, WI 53707-7875. The facsimile transmission number is 608-267-2744. The hearing request may be delivered in person to the Division of Hearings and Appeals at: 5005 University Avenue, Suite 201, Madison, WI.
DHS 133.03(9)(9) Reporting. Every 12 months, on a schedule determined by the department, a licensed home health agency shall submit to the department an annual report in the form and containing the information that the department requires, including payment of the fee required under s. 50.49 (2) (b), Stats., and sub. (4) (d). If a complete annual report is not timely filed, the department shall issue a warning to the licensee. If a licensed home health agency that has not filed a timely report fails to submit a complete report to the department within 60 days after the date established under the schedule determined by the department, the department may revoke the license. DHS 133.03 HistoryHistory: Cr. Register, May, 1984, No. 341, eff. 6-1-84; reprinted to correct printing error in (3) (e), Register, September, 1984, No. 345; r. and recr. (4) and (5), Register, November, 1985, No. 359, eff. 12-1-85; correction in (4) (b) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1995, No. 476; am. (6) (b), Register, October, 1995, No. 478, eff. 11-1-95; r. and recr. (5), r. (6), renum. (7) to (9) to be (6) to (8), cr. (9), Register, August, 2000, No. 536, eff. 9-1-00; r. and recr. (3) (h), (4) (b), (c), (8), cr. (4) (d), am. (9), Register, April, 2001, No. 544, eff. 5-1-01; correction in (8) (a) 2. was made under s. 13.93 (2m) (b) 7., Stats., Register August 2001 No. 548; CR 03-033: am. (8) (b) Register December 2003 No. 576, eff. 1-1-04; CR 07-060: am. (4) (b) 3. and (5), cr. (3) (i) Register November 2007 No. 623, eff. 12-1-07. DHS 133.04(1)(1) Regular surveys. The department may make any inspections and investigations it considers necessary, including review of clinical and administrative records, subject only to restrictions of law. DHS 133.04(2)(2) Complaints. The department may investigate any complaints received by it concerning the operation or services of a home health agency. DHS 133.04 NoteNote: A complaint may be filed by writing the Bureau of Health Services, Division of Quality Assurance, P.O. Box 2969, Madison, Wisconsin 53701-2969 or by calling the Wisconsin Home Health Hotline toll free at 1-800-642-6552.
DHS 133.04(3)(3) Patient visits. The department may contact patients of a home health agency as part of an inspection or investigation. A licensee shall provide the department a list of names, addresses and other identifying information of current and past patients as may be requested. The department may select the names of the patients to be visited and may visit these patients with their approval. DHS 133.04(4)(a)(a) Statement of deficiency. Upon determining that a home health agency is in violation of any requirement of this chapter, the department shall promptly serve a statement of deficiency upon the administrator or other designated representative of the home health agency. The statement of deficiency shall specify the rule violated and state the facts that constitute the violation. DHS 133.04(4)(b)1.1. Within 10 working days of receipt of the statement of deficiency, the home health agency shall submit a plan of correction to the department for approval detailing how the agency will correct the violation or how the agency has corrected the violation. The department may require that a plan of correction be submitted for approval within a shorter specified time for violations the department determines may be harmful to the health, safety, welfare, or rights of patients. DHS 133.04(4)(b)2.2. The department may require the home health agency to modify the proposed plan of correction before the department approves the plan of correction. DHS 133.04(4)(b)3.3. The department may require a licensee to implement and comply with a plan of correction that is developed by the department. DHS 133.04(4)(b)4.4. The department shall verify that the home health agency has completed the plan of correction submitted or imposed in par. (b). DHS 133.04(4)(c)(c) Penalties. The department may impose any of the following penalties for a violation of a requirement of this chapter: DHS 133.04(4)(c)1.1. Suspend admissions of new patients until the department has verified that the home health agency has completed the plan of correction under par. (b).