DHS 133.06 HistoryHistory: Cr. Register, May, 1984, No. 341, eff. 6-1-84; am. (4) (d) 1., Register, April, 2001, No. 544, eff. 5-1-01; CR 07-060: am. (4) (d) 1. and 3., r. and recr. (4) (d) 2., cr. (4) (g) and (5) Register November 2007 No. 623, eff. 12-1-07; corrections in (4) (d) 3. and (g) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.

DHS 133.07(1)(1) Requirement. An evaluation of the home health agency’s total program shall be conducted at least once a year by the advisory group required by s. DHS 133.05 (2), home health agency staff and consumers.

DHS 133.07(2)(2) Method of evaluation. The agency shall establish methods to determine whether the established programs and service policies are effective and whether service policies and procedures are substantially followed by agency staff. These methods shall include a review of a sample of patient records to determine whether services are being provided appropriately and the extent to which the needs of patients are met.

DHS 133.07(3)(3) Reports. Results of the evaluations shall be recorded in writing and reported to those responsible for the operation of the agency.

DHS 133.07(4)(4) Management review. The agency shall periodically review its policies and administrative practices to determine the extent to which they promote appropriate, adequate, effective and efficient patient care.

DHS 133.08(1)(1) Service applicant. The home health agency shall promptly determine the applicant’s suitability for services and, if the applicant is accepted, shall promptly provide services to the individual. If the applicant is found unsuitable for acceptance, the agency shall inform the applicant of other service providers in the area.

DHS 133.08(2)(2) Policies. The home health agency shall provide the patient with a written notice of the patient’s rights in advance of furnishing care to the patient or during the initial evaluation visit before the initiation of treatment. Each patient receiving care from the agency shall have all of the following rights:

DHS 133.08(2)(a)(a) To be fully informed, as evidenced by home health agency documentation, of all rules and regulations governing patient responsibilities;

DHS 133.08(2)(b)(b) To be fully informed, prior to or at the time of admission, of services available from the agency and of related charges, including any charges for services for which the patient or a private insurer may be responsible;

DHS 133.08(2)(c)(c) To be informed of all changes in services and charges as they occur;

DHS 133.08(2)(d)(d) To be fully informed of one’s own health condition, unless medically contraindicated, and to be afforded the opportunity to participate in the planning of the home health services, including referral to health care institutions or other agencies, and to refuse to participate in experimental research;

DHS 133.08(2)(e)(e) To refuse treatment to the extent permitted by law and to be informed of the medical consequences of such refusal;

DHS 133.08(2)(f)(f) To confidential treatment of personal and medical records and to approve or refuse their release to any individual outside the agency, except in the case of transfer to another health facility, or as required by law or third-party payment contract;

DHS 133.08(2)(g)(g) To be treated with consideration, respect and full recognition of dignity and individuality, including privacy in treatment and in care for personal needs; and

DHS 133.08(2)(h)(h) To be taught, and have the family taught, the treatment required, so that the patient can, to the extent possible, help himself or herself, and the family or other party designated by the patient can understand and help the patient.

DHS 133.08(2)(i)(i) To exercise his or her rights as a patient of the home health agency;

DHS 133.08(2)(j)(j) To have the patient’s family or legal representative exercise the patient’s rights when the patient has been judged incompetent by a court of law.

DHS 133.08(3)(3) Complaints. At the same time that the statement of patient rights is distributed under sub. (2), the home health agency shall provide the patient or guardian with a statement, provided by the department, setting forth the right to and procedure for registering complaints with the department.

DHS 133.08 HistoryHistory: Cr. Register, May, 1984, No. 341, eff. 6-1-84; reprinted to correct printing error in (2) (g), Register, September, 1984, No. 345; CR 07-060: r. and recr. (2) (intro.) and (a), cr. (2) (i) and (j) Register November 2007 No. 623, eff. 12-1-07.

DHS 133.09(1)(1) Acceptance of patients. A patient shall be accepted for service on the basis of a reasonable expectation that the patient’s medical, nursing and social needs can be met adequately by the home health agency. No patient may be provided services except under a plan of care established by a physician, an advanced practice nurse prescriber, or a physician assistant.

DHS 133.09(2)(2) Service agreement. Before care is initiated, the home health agency shall inform the patient, orally and in writing, of the extent to which payment may be expected from other sources, the charges for services that will not be covered by other sources and charges that the individual may have to pay.

DHS 133.09(3)(3) Discharge of patients.

DHS 133.09(3)(a)1.1. A home health agency may not discharge a patient for any reason until the agency has discussed the discharge with the patient or the patient’s legal representative and the patient’s attending physician, advanced practice nurse prescriber, or physician assistant, and has provided written notice to the patient or the patient’s legal representative in the timelines specified in this paragraph.

DHS 133.09(3)(a)2.2. The home health agency shall provide the written notice, except when a patient is discharged due to hospital admission that occurs near the end of a 60-day episode of treatment, required under subd. 1. to the patient or the patient’s legal representative at least 10 working days in advance of discharge if the reason for discharge is any of the following: