DHS 129.04(2)(c)3. 3. The health care provider or program notifies the department in writing that the program wishes to relinquish the waiver or variance and be subject to the rule previously waived or varied.

DHS 129.04(2)(c)4. 4. Revocation is required by a change in law.

DHS 129.04(2)(d) (d) Hearings. A health care provider or program may contest the denial of a requested waiver or variance by requesting a hearing under ch. 227, Stats., and s. DHS 129.10.

DHS 129.04(3) (3) Nurse aide training or competency evaluation program waiver of prohibition. Pursuant to amendments made to Public Law 105-15, Section 1819 (f) (2) and Section 1919 (f) (2) of the Social Security Act, and 42 U.S.C. 1395i3 (f) (2) and 42 U.S.C. 1396r (f) (2), the department may authorize a waiver of the 2-year prohibition for approval of training programs or the competency evaluation program offered in but not by a facility under the following circumstances:

DHS 129.04(3)(a) (a) No other department-approved program is offered within a reasonable distance of the facility. A reasonable distance means any of the following:

DHS 129.04(3)(a)1. 1. There is no department-approved program within 45 miles or 60 minutes away, one-way, from the facility requesting a waiver.

DHS 129.04(3)(a)2. 2. The only program within 45 miles or 60 minutes away, one-way, from the facility is out-of-state and would require the person to first qualify on another state’s registry and then apply to be added to the registry as an out-of-state transfer applicant.

DHS 129.04(3)(a)3. 3. There is a documented lack of qualified instructors to fulfill the program requirements at other sites within the 45 miles or 60 minutes, away, one-way radius.

DHS 129.04(3)(b) (b) The facility shall have an adequate environment for operating the program. An adequate environment means the citations leading to the prohibition were non-resident and non-nursing care related.

DHS 129.04(3)(c) (c) If the citations leading to the prohibition were resident or nursing care related:

DHS 129.04(3)(c)1. 1. The citations were corrected at revisit and there were no cites at or since the previous standard survey that were resident or nursing care related; or

DHS 129.04(3)(c)2. 2. The program termination resulted from a new citation at a standard survey revisit and the facility had no other citations at or since the previous standard survey that were resident or nursing care related; or

DHS 129.04(3)(c)3. 3. The facility had an immediate jeopardy situation in a resident or nursing care related area that was corrected at the time of survey and had no other citations at or since the previous standard survey that were resident or nursing care related; or

DHS 129.04(3)(c)4. 4. The facility had a history of resident or nursing care related citations, but has demonstrated efforts beyond normal means to attain and maintain substantial compliance. History means since the most recent training program approval.

DHS 129.04(3)(d) (d) The facility’s physical environment is adequate in that the physical or structural requirements are in substantial compliance or there is a waiver request pending.

DHS 129.04(3)(e) (e) The program provided in the facility shall be by another entity unrelated to the facility that has agreed to provide the training. Competency testing shall also be done by an entity unrelated to the facility or the training program.

DHS 129.04(3)(f) (f) The facility requesting the waiver shall notify the State long term care ombudsman of the request for waiver. The ombudsman may comment to the department identifying any concerns about whether the facility may serve as a training site.

DHS 129.04 History History: CR 08-042: cr. register November 2008 No. 635, eff. 12-1-08.

subch. II of ch. DHS 129 Subchapter II — Nurse Aide Training and Testing

DHS 129.05 DHS 129.05 Nurse aide training program approval process.

DHS 129.05(1) (1) Application.

DHS 129.05(1)(a) (a) An applicant for nurse aide training program approval shall apply for approval of their program on a form provided by the department.

DHS 129.05 Note Note: To obtain a copy of the application, email the Division of Quality Assurance at: [e-mail].

DHS 129.05(1)(b) (b) The program shall provide any additional information requested by the department during the department’s review of the application.

DHS 129.05(1)(c) (c) The program shall designate an individual who is responsible for the operation and compliance of the program with all applicable provisions of this chapter. The program shall note the designee on the application for approval.

DHS 129.05(1)(d) (d) All aspects of the program shall be in compliance with all applicable federal, state and local laws.

DHS 129.05(2) (2) Action by the department.

DHS 129.05(2)(a) (a) Initial review of a training program.

DHS 129.05(2)(a)1. 1. Upon receiving an application for approval of a training program, the department shall review the program to determine the program’s compliance with ss. DHS 129.06 and 129.07. The department shall review the program for all of the following: