DHS 118.04(2)(g)4. 4. Assist the RTACs with developing injury prevention, training and education programs.

DHS 118.04(2)(g)5. 5. Seek the advice of the statewide trauma advisory council in developing and implementing the statewide trauma care system.

DHS 118.04(2)(h) (h) Enforce chapter requirements.

DHS 118.04(2)(h)1. 1. Regulate and monitor trauma care facilities.

DHS 118.04(2)(h)2. 2. Investigate complaints and alleged violations of this chapter.

DHS 118.04(2)(h)3. 3. Enforce the requirements of this chapter.

DHS 118.04(3) (3) Complaint and dispute resolution.

DHS 118.04(3)(a) (a)

DHS 118.04(3)(a)1. 1. Upon receipt of a complaint about the trauma system, the department shall either investigate the complaint or request one or more RTACs to initially investigate and respond to the complaint. The department shall monitor how the RTAC or RTACs are addressing and responding to the complaint. When the RTAC has completed its investigation and has prepared its response, the RTAC shall communicate its response to the department.

DHS 118.04(3)(a)2. 2. Regardless of whether the department has requested one or more RTACs to investigate and respond to the complaint, the department may initiate an investigation of and response to a complaint within 2 business days following the department’s receipt of the complaint.

DHS 118.04 Note Note: The time within which the Department resolves a complaint depends on the nature of the complaint and the resources required to investigate and resolve the complaint.

DHS 118.04(3)(b) (b)

DHS 118.04(3)(b)1. 1. The department shall maintain a record of every complaint and how each complaint was addressed and resolved.

DHS 118.04(3)(b)2. 2. Within the constraints imposed by laws protecting patient confidentiality, the department shall make available its complaint record under subd. 1. to any person requesting to review it.

DHS 118.04 Note Note: To request review of the Department’s complaint record, contact the Statewide Trauma Care Coordinator by calling 608-266-0601 or by writing to Statewide Trauma Care System Coordinator, Bureau of Local Public Health Practice and Emergency Medical Services, Room 118, 1 West Wilson St., Madison, WI 53701, or by sending a fax to 608-261-6392.

DHS 118.04(4) (4) Investigations.

DHS 118.04(4)(a) (a) An authorized employee or agent of the department, upon presentation of identification, shall be permitted to examine equipment or vehicles or enter the offices of an RTAC, a hospital seeking or having department recognition as a trauma care facility or an ambulance service provider during business hours with 24 hour advance notice or at any other reasonable prearranged time. The authorized employee or agent of the department shall be permitted to inspect and review all equipment and vehicles and inspect, review and reproduce records of the trauma care facility, ambulance service provider or RTAC pertinent to the nature of the complaint, including, but not limited to, administrative records, personnel records, training records and vehicle records. The right to inspect, review and reproduce records applies regardless of whether the records are maintained in written, electronic or other form.

DHS 118.04(4)(b) (b) If, based on the department’s investigation, the department determines that corrective action by the trauma care facility is necessary, the trauma care facility shall make the corrective actions. The department may subsequently conduct a final investigation following corrective action and notify the trauma facility of the results.

DHS 118.04(5) (5) Waivers. The department may waive any nonstatutory requirement under this chapter, upon written request, if the department finds that strict enforcement of the requirement will create an unreasonable hardship for the provider in meeting the emergency medical service needs of an area and that waiver of the requirement will not adversely affect the health, safety or welfare of patients or the general public. The department’s denial of a request for a waiver shall constitute the final decision of the department and is not subject to a hearing under sub. (7).

DHS 118.04 Note Note: To request a waiver from a nonstatutory requirement under this chapter, contact the statewide trauma care coordinator by calling 608-266-0601 or by writing to Statewide Trauma Care System Coordinator, Bureau of Local Public Health Practice and Emergency Medical Services, Room 118, 1 West Wilson St., Madison, WI 53701, or by sending a fax to 608-261-6392.

DHS 118.04(6) (6) Department review process.

DHS 118.04(6)(a) (a) Department review of and decision on hospital trauma care facility applications.

DHS 118.04(6)(a)1. 1. A hospital requesting department approval to act or advertise as a trauma care facility shall submit an application to the department on a form provided by the department.

DHS 118.04 Note Note: For a copy of the Department’s assessment and classification criteria application form for approval as a trauma care facility, write to the Wisconsin Trauma Care System Coordinator, Division of Public Health, P.O. Box 2659, Madison WI 53701–2659 or download the form from the DHS website at: http://www.dhs.wisconsin.gov/forms/F4/F47479.doc.

DHS 118.04(6)(a)2. 2. The department shall review each hospital application submitted pursuant to s. DHS 118.08 (2).

DHS 118.04(6)(a)3. 3. The department may require a hospital to document the basis for the hospital’s professed level of trauma care facility.

DHS 118.04(6)(a)4. 4. The department may perform a site visit of a level III or IV trauma facility to determine compliance with the trauma facility assessment and classification criteria in accordance with all of the following conditions:

DHS 118.04(6)(a)4.a. a. The department shall select the site visit team.

DHS 118.04 Note Note: The Department recommends that a trauma surgeon, emergency room physician and a trauma coordinator, all from a Level I or II verified trauma care facility, minimally comprise the site visit team.