DHS 132.13(32)(a)2.2. Are provided either directly by or under the supervision of these personnel.
DHS 132.13(32)(b)(b) In determining whether a service is skilled, the following criteria shall be used:
DHS 132.13(32)(b)1.1. The service would constitute a skilled service where the inherent complexity of a service prescribed for a resident is such that it can be safely and effectively performed only by or under the supervision of professional personnel;
DHS 132.13(32)(b)2.2. The restoration potential of a resident is not the deciding factor in determining whether a service is to be considered skilled or unskilled. Even where full recovery or medical improvement is not possible, skilled care may be needed to prevent, to the extent possible, deterioration of the condition or to sustain current capacities; and
DHS 132.13(32)(b)3.3. A service that is generally unskilled would be considered skilled where, because of special medical complications, its performance or supervision or the observation of the resident necessitates the use of skilled nursing personnel.
DHS 132.13(34)(34)“Supervision” means at least intermittent face-to-face contact between supervisor and assistant, with the supervisor instructing and overseeing the assistant, but does not require the continuous presence of the supervisor in the same building as the assistant.
DHS 132.13(35)(35)“Tour of duty” means a portion of the day during which a shift of resident care personnel are on duty.
DHS 132.13(36)(36)“Unit dose drug delivery system” means a system for the distribution of medications in which single doses of medications are individually packaged and sealed for distribution to residents.
DHS 132.13 HistoryHistory: Cr. Register, July, 1982, No. 319, eff. 8-1-82; emerg. renum. (3) to (24) to be (4) to (25), cr. (3), eff. 9-15-86; r. and recr. Register, January, 1987, No. 373, eff. 2-1-87; emerg. cr. (8m), eff. 7-1-88; am. (4), Register, February, 1989, No. 398, eff. 3-1-89; cr. (8m), Register, October, 1989, No. 406, eff. 11-1-89; correction made to (17) under s. 13.93 (2m) (b) 7., Stats., Register December 2003 No. 576; CR 04-053: r. and recr. (1), cr. (1m), (2m), (8r) and (13m), am. (2) and (5) Register October 2004 No. 586, eff. 11-1-04; CR 06-053: r. (2), (6), (13), (14), (15), (19) and (33), Register August 2007 No. 620, eff. 9-1-07; CR 07-042: cr. (10m), (25g) and (25r) Register October 2007 No. 622, eff. 11-1-07; corrections in (1), (3), (13m) and (17) made under s. 13.92 (4) (b) 6. and 7., Stats., Register January 2009 No. 637; 2019 Wis. Act 1: am. (4) (intro.) Register May 2019 No. 761, eff. 6-1-19; CR 23-046: am. (4) (intro.) Register April 2024 No. 820, eff. 5-1-24.
DHS 132.14DHS 132.14Licensure.
DHS 132.14(1)(1)Categories. Nursing homes shall elect one of the following categories of licensure:
DHS 132.14(1)(a)(a) Skilled nursing facility; or
DHS 132.14(1)(b)(b) Intermediate care facility.
DHS 132.14(1m)(1m)Licensure as an institution for mental diseases.
DHS 132.14(1m)(a)(a) Requirements. The department may grant a facility a license to operate as an institution for mental diseases if the following conditions are met:
DHS 132.14(1m)(a)1.1. The conversion of all or some of the beds within the facility will result in a physically identifiable unit of the facility, which may be a ward, contiguous wards, a wing, a floor or a building, and which is separately staffed;
DHS 132.14(1m)(a)2.2. The IMD shall have a minimum of 16 beds;
DHS 132.14(1m)(a)3.3. The conversion of beds to or from an IMD shall not increase the total number of beds within the facility; and
DHS 132.14(1m)(a)4.4. The facility has submitted an application under subs. (2) and (3) to convert all or a portion of its beds to an IMD and the department has determined that the facility is in substantial compliance with this chapter. A facility may not submit an application for conversion of beds to or from an IMD more than 2 times a year.
DHS 132.14(1m)(b)(b) Exclusion. An existing facility applying to be licensed in whole or part as an IMD is not subject to prior review under ch. 150, Stats.
DHS 132.14(2)(2)Application. Application for a license shall be made on a form provided by the department.
DHS 132.14 NoteNote: To obtain a copy of the application form for a license to operate a nursing home, write: Division of Quality Assurance, P.O. Box 2969, Madison, Wisconsin 53701-2969.
DHS 132.14(3)(3)Requirements for licensure.
DHS 132.14(3)(a)(a) In every application the license applicant shall provide the following information:
DHS 132.14(3)(a)1.1. The identities of all persons or business entities having the authority, directly or indirectly, to direct or cause the direction of the management or policies of the facility;
DHS 132.14(3)(a)2.2. The identities of all persons or business entities having any ownership interest whatsoever in the facility, whether direct or indirect, and whether the interest is in the profits, land or building, including owners of any business entity which owns any part of the land or building;
DHS 132.14(3)(a)3.3. The identities of all creditors holding a security interest in the premises, whether land or building; and
DHS 132.14(3)(a)4.4. In the case of a change of ownership, disclosure of any relationship or connection between the old licensee and the new licensee, and between any owner or operator of the old licensee and the owner or operator of the new licensee, whether direct or indirect.
DHS 132.14(3)(a)5.5. Disclosure of any financial failures directly or indirectly involving any person or business entity identified in the application concerning the operation of a residential or health care facility that resulted in any debt consolidation or restructuring, insolvency proceeding or mortgage foreclosure, or in the closing of a residential or health care facility or the moving of its residents. In this subdivision “insolvency” means bankruptcies, receiverships, assignments for the benefit of creditors, and similar court-supervised proceedings.