If, as a result of peer investigation or written notice thereof, a hospital staff member who is licensed by the medical examining board, for reasons that do not include the quality of or ability to practice, loses his or her hospital staff privileges for 30 days or more, has his or her hospital staff privileges reduced for 30 days or more or resigns from the hospital staff for 30 days or more, the hospital shall so notify the medical examining board within 30 days after the loss, reduction or resignation takes effect. Temporary suspension due to incomplete records need not be reported.
A hospital that admits patients for treatment of mental illness may grant to a psychologist who is listed or eligible to be listed in the national register of health services providers in psychology or who is certified by the American board of professional psychology an opportunity to obtain hospital staff privileges to admit, treat and discharge patients. Each hospital may determine whether the applicant's training, experience and demonstrated competence are sufficient to justify the granting of hospital staff privileges or of limited hospital staff privileges.
If a hospital grants a psychologist hospital staff privileges or limited hospital staff privileges under par. (b)
, the psychologist or the hospital shall, prior to or at the time of hospital admission of a patient, identify an appropriate physician with admitting privileges at the hospital who shall be responsible for the medical evaluation and medical management of the patient for the duration of his or her hospitalization.
The department shall require a hospital that is accredited as a hospital by a private accrediting organization to submit to the department a copy of the summary accreditation recommendation and may require the hospital to submit to the department copies of all correspondence sent or received on or after August 30, 1989, including survey results, between the hospital and the accrediting organization. Accreditation letters, reports and related correspondence submitted to the department, except those submitted by a county mental health complex under s. 51.08
, under this subsection are not subject to inspection, copying or receipt under s. 19.35 (1)
and may not be released by the department.
The department shall make or cause to be made such inspections and investigation, as are reasonably deemed necessary to obtain compliance with the rules and standards. It shall afford an opportunity for representatives of the hospitals to consult with members of the staff of the department concerning compliance and noncompliance with rules and standards.
Hospital owes duty to its patients to exercise reasonable care in selection of medical staff and in granting special privileges. Johnson v. Misericordia Community Hosp. 99 W (2d) 708, 301 NW (2d) 156 (1981).
Notification to accrediting organization.
The department shall notify a private accrediting organization that has accredited a hospital and the board of governors of the patients compensation fund under s. 619.04 (3)
if the department has done any of the following:
Suspended or revoked the hospital's approval under s. 50.35
Issued an order to the hospital.
Recommended to the federal health care financing administration that the hospital be decertified from the federal medicare program under 42 USC 1395
or the federal medicaid program under 42 USC 1396
for failure to meet a condition of participation under the program.
History: 1989 a. 37
Exemptions and enforcement. 50.39(1)
and the rules promulgated pertaining thereto shall apply to all facilities coming under the definition of a "hospital" which are not specifically exempt by ss. 50.32
The use of the title "hospital" to represent or identify any facility which does not meet the definition of a "hospital" as provided herein or is not subject to approval under ss. 50.32
is prohibited, except that institutions governed by ss. 51.09
Facilities governed by ss. 45.365
, secured correctional facilities as defined in s. 938.02 (15m)
, correctional institutions governed by the department of corrections under s. 301.02
and the offices and clinics of persons licensed to treat the sick under chs. 446
are exempt from ss. 50.32
. Sections 50.32
do not abridge the rights of the medical examining board, physical therapists affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board and board of nursing in carrying out their statutory duties and responsibilities.
All orders issued by the department pursuant to ss. 50.32
shall be enforced by the attorney general. The circuit court of Dane county shall have jurisdiction to enforce such orders by injunctional and other appropriate relief.
The department may, in the event of an emergency condition that imminently threatens the health or safety of patients of a hospital, suspend new admissions to all or a part of the hospital until such time as the department decides that the hospital has removed or corrected the causes or deficiencies creating the emergency.
Immediately upon the suspension of new admissions under par. (a)
, the department shall notify the hospital in writing. Notice of the suspension shall include a clear and concise statement of the causes or deficiencies creating the emergency condition on which the suspension is based and notice of the opportunity for a hearing on the suspension or on recision of the suspension under s. 227.44
. If the hospital desires to contest the suspension, it shall provide written notice to the department of a request for a hearing within 10 days after receipt of the notice of suspension. If the hospital desires to contest failure by the department to rescind the suspension, it shall provide written notice to the department of a request for a hearing.
In addition to any other remedies provided by law, any person suffering a pecuniary loss because of a violation of s. 50.36 (3) (a)
may bring a civil action in any court of competent jurisdiction to recover the amount of the pecuniary loss, together with costs and disbursements, including reasonable attorney fees.
Licensing and regulation of home health agencies. 50.49(1)(1)
As used in this section, unless a different meaning appears from the context:
"Home health agency" means an organization that:
Primarily provides skilled nursing and other therapeutic services;
Has policies established by a professional group including at least one physician and at least one registered nurse to govern services, and provides for supervision of these services by a physician or a registered nurse; and
"Home health services" means the following items and services furnished to an individual, who is under the care of a physician, by a home health agency or by others under arrangements with them made by such agency, under a plan (for furnishing such items and services to such individual) established and periodically reviewed by a physician, which items and services are, except as provided in subd. 6.
, provided on a visiting basis in a place of residence used as such individual's home:
Part-time or intermittent nursing care provided by or under the supervision of a registered professional nurse;
Physical or occupational therapy or speech-language pathology;
Medical social services under the direction of a physician;
Medical supplies, other than drugs and biologicals, and the use of medical appliances, while under such a plan;
In the case of a home health agency which is affiliated or under common control with a hospital, medical services provided by an intern or resident-in-training of such hospital, under an approved teaching program of such hospital; and
Any of the foregoing items and services which are provided on an outpatient basis, under arrangements made by the home health agency, at a hospital or extended care facility, or at a rehabilitation center which meets such standards as may be prescribed by rule, and the furnishing of which involves the use of equipment of such a nature that the items and services cannot readily be made available to the individual in such place of residence, or which are furnished at such facility while the individual is there to receive any such item or service, but not including transportation of the individual in connection with any such item or service.
"Patient" means individuals cared for or treated by home health agencies.
The department may develop, establish and enforce standards for the care, treatment, health, safety, welfare and comfort of patients by home health agencies and for the maintenance and operation of home health agencies which, in the light of advancing knowledge, will promote safe and adequate care and treatment of such patients by home health agencies.
The department shall, by rule, set a license fee to be paid by home health agencies. The fee for license renewal shall be based on the annual net income, as determined by the department, of a home health agency.
The administration of this section shall be under the department which shall make or cause to be made such inspections and investigations as it deems necessary.
(4) Licensing, inspection and regulation.
The department may register, license, inspect and regulate home health agencies as provided in this section. The department shall ensure, in its inspections of home health agencies, that a sampling of records from private pay patients are reviewed. The department shall select the patients who shall receive home visits as a part of the inspection. Results of the inspections shall be made available to the public at each of the regional offices of the department.
(5) Application for registration and license. 50.49(5)(a)(a)
Registration shall be in writing in such form and contain such information as the department requires.
The application for a license shall be in writing upon forms provided by the department and shall contain such information as it requires.
(6) Issuance of license; inspection and investigation; annual renewal; nontransferable; content. 50.49(6)(a)(a)
The department shall issue a license if the applicant is fit and qualified, and if the home health agencies meet the requirements established by this section. The department, or its designated representatives, shall make such inspections and investigations as are necessary to determine the conditions existing in each case and file written reports.
A license, unless sooner suspended or revoked, shall be renewable at least biennially upon filing by the licensee, payment of the license fee and approval by the department of an annual report and application for renewal on forms provided by the department.
Each license shall be issued only for the home health agency named in the application and shall not be transferable or assignable. If application for renewal is not so filed, such license is automatically canceled as of the date of its expiration. Any license granted shall state such additional information and special limitations as the department, by rule, prescribes.
(7) Denial, suspension or revocation of license; notice.
The department after notice to the applicant or licensee is authorized to deny, suspend or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements of this section and the rules established hereunder.
(8) Failure to register or operating without license; penalty.
It is unlawful for any person, acting jointly or severally with any other person, to conduct, maintain, operate, or permit to be maintained or operated, or to participate in the conducting, maintenance or operating of a home health agency, unless, it is licensed as a home health agency by the department. Any person who violates this section shall be fined not more than $100 for the first offense and not more than $200 for each subsequent offense, and each day of violation after the first conviction shall constitute a separate offense.
(9) Right of injunction.
All orders issued by the department under this section shall be enforced by the attorney general. The circuit court of Dane county shall have jurisdiction to enforce such orders by injunctional and other appropriate relief.
(10) Provisional licenses.
A provisional license if approved by the department may be issued to any home health agency, the facilities of which are in use or needed for patients, but which is temporarily unable to conform to all the rules established under this section. A provisional license may not be issued for more than one year.
History: 1981 c. 93
; 1989 a. 31
; 1993 a. 27
; Stats. 1993 s. 50.49; 1993 a. 482
; 1995 a. 225
RURAL MEDICAL CENTERS
In this subchapter:
"Health care services" means any of the following:
Care that is provided in or by any of the following:
Services that are specified in rules that the department promulgates.
"Hospital" has the meaning given in s. 50.33 (2) (a)
, except that "hospital" does not include a rural primary care hospital.
"Patient" means an individual who receives services from a rural medical center.
"Rural medical center" means an arrangement of facilities, equipment, services and personnel that is all of the following:
Organized under a single governing and corporate structure.
Capable of providing or assuring health care services, including appropriate referral, treatment and follow-up services, at one or more locations in a county, city, town or village that has a population of less than 15,000 and that is in an area that is not an urbanized area, as defined by the federal bureau of the census.
A provider of at least 2 health care services under the arrangement or through a related corporate entity.
"Rural primary care hospital" means a facility that is currently designated by the federal health care financing administration as meeting the applicable requirements of 42 USC 1395i-4
(i) (2) and of 42 CFR 485
, Subpart F.