DHS 131.14(10)(b)3. 3. There has been change in partners or partnership interests of 50% or greater in terms of capital or share of profits.

DHS 131.14(10)(b)4. 4. The licensee has relinquished management of the agency.

DHS 131.14(11) (11) Suspension or revocation. The department by written notice to the applicant or recipient may suspend or revoke a license if the department finds that there has been a substantial failure to comply with the requirements of ss. 50.90 to 50.98, Stats., or this chapter. The notice shall identify the violation and the statute or rule violated, and shall describe the process under sub. (11) for appealing the decision.

DHS 131.14(12) (12) Appeal of decision to deny, suspend or revoke a license.

DHS 131.14(12)(a) (a) Any person aggrieved by the department’s decision to deny a license or to suspend or revoke a license may request a hearing on that decision under s. 227.42, Stats., which shall be limited to the issues stated as the bases for denial, suspension or revocation in the written notice under sub. (10).

DHS 131.14(12)(b) (b) The request for hearing shall be in writing, shall be filed with the department of administration’s division of hearings and appeals, and shall be sent to that office so that it is received there within 10 days after the date of the notice under sub. (10). A request for a hearing is considered filed upon its receipt by the division of hearings and appeals. Review is not available if the request is received more than 10 days after the date of the notice under sub. (10).

DHS 131.14 Note Note: The mailing address of the Division of Hearings and Appeals is P.O. Box 7875, Madison, Wisconsin 53707.

DHS 131.14 History History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.

DHS 131.15 DHS 131.15 Inspections of licensed programs. The department shall conduct unannounced inspections of a hospice which may include home visits with prior patient consent or a review of the clinical records of any individual with terminal illness served by the hospice. The department may inspect or investigate a hospice as it deems necessary.

DHS 131.15 History History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.

DHS 131.16 DHS 131.16 Waivers and variances.

DHS 131.16(1) (1) Definitions. In this section:

DHS 131.16(1)(a) (a) “Variance” means the granting of an alternate requirement in place of a requirement of this chapter.

DHS 131.16(1)(b) (b) “Waiver” means the granting of an exemption from a requirement of this chapter.

DHS 131.16(2) (2) Requirements for waivers and variances. A waiver or variance may be granted if the department finds that the waiver or variance will not adversely affect the health, safety, or welfare of any patient and that:

DHS 131.16(2)(a) (a) Strict enforcement of a requirement would result in unreasonable hardship on the hospice or on a patient.

DHS 131.16(2)(b) (b) An alternative to a requirement, including a new concept, method, procedure or technique, other equipment, other personnel qualifications, or the conducting of a pilot project, is in the interests of better care or management.

DHS 131.16(3) (3) Procedures.

DHS 131.16(3)(a) (a) Application.

DHS 131.16(3)(a)1. 1. An application for a waiver of or variance from a requirement of this chapter shall be made in writing to the department, specifying all of the following:

DHS 131.16(3)(a)1.a. a. The rule from which the waiver or variance is requested.

DHS 131.16(3)(a)1.b. b. The time period for which the waiver or variance is requested.

DHS 131.16(3)(a)1.c. c. If the request is for a variance, the specific alternative action which the facility proposes.

DHS 131.16(3)(a)1.d. d. The reasons for the request.

DHS 131.16(3)(a)1.e. e. Justification that a requirement under sub. (2) would be satisfied.

DHS 131.16(3)(a)2. 2. A request for a waiver or variance may be made at any time.

DHS 131.16(3)(a)3. 3. The department may require additional information from the hospice prior to acting on the request.

DHS 131.16(3)(b) (b) Grants and denials.

DHS 131.16(3)(b)1. 1. The department shall grant or deny each request for waiver or variance in writing. A notice of denial shall contain the reasons for denial. If a notice of denial is not issued within 60 days after the receipt of a complete request, the waiver or variance shall be automatically approved.