All home health aide visits when the services are provided in conjunction with private duty nursing under s. DHS 107.12
or the provision of respiratory care services under s. DHS 107.113
All home health aide visits when 4 or more hours of continuous care is medically necessary; and
The written plan of care shall be developed and reviewed concurrently with and in support of other health sustaining efforts for the recipient in the home.
Services provided to a recipient who is a resident of a community-based residential facility shall be rendered according to the requirements of ch. DHS 83
and shall not duplicate services that the facility has agreed to provide.
Except as provided in subd. 2.
, home health skilled nursing services provided by one or more providers are limited to less than 8 hours per day per recipient as required by the recipient's medical condition.
If the recipient's medical condition worsens so that 8 or more hours of direct, skilled nursing services are required in a calendar day, a maximum of 30 calendar days of skilled nursing care may continue to be reimbursed as home health services, beginning on the day 8 hours or more of skilled nursing services became necessary. To continue medically necessary services after 30 days, prior authorization for private duty nursing is required under s. DHS 107.12 (2)
An intake evaluation is a covered home health skilled nursing service only if, during the course of the initial visit to the recipient, the recipient is admitted into the agency's care and covered skilled nursing services are performed according to the written physician's orders during the visit.
A skilled nursing ongoing assessment for a recipient is a covered service:
When the recipient's medical condition is stable, the recipient has not received a covered skilled nursing service, covered personal care service, or covered home visit by a physician service within the past 62 days, and a skilled assessment is required to re-evaluate the continuing appropriateness of the plan of care. In this paragraph, “medically stable" means the recipient's physical condition is non-acute, without substantial change or fluctuation at the current time.
When the recipient's medical condition requires skilled nursing personnel to identify and evaluate the need for possible modification of treatment;
When the recipient's medical condition requires skilled nursing personnel to initiate additional medical procedures until the recipient's treatment regimen stabilizes, but is not part of a longstanding pattern of care; or
Teaching and training activities are covered services only when provided to the recipient, recipient's family or other caregiver in conjunction with other covered skilled nursing care provided to the recipient.
A licensed nurse shall administer medications to a minor child or to an adult who is not self-directing, as determined by the physician, to direct or administer his or her own medications, when a responsible adult is not present to direct the recipient's medication program.
Services provided by an LPN which are not delegated by an RN under s. N 6.03
are not covered services.
Skilled physical and occupational therapy and speech pathology services are not to include activities provided for the general welfare of the recipient or activities to provide diversion for the recipient or to motivate the recipient.
Skilled nursing services may be provided for a recipient by one or more home health agencies or by an agency contracting with a nurse or nurses only if the agencies meet the requirements of ch. DHS 133
and are approved by the department.
RN supervision and administrative costs associated with the provision of services under this section are not separately reimbursable MA services.
A home health aide may provide assistance with a recipient's medications only if the written plan of care documents the name of the delegating registered nurse and the recipient is aged 18 or more;
Home health aide services are primarily medically oriented tasks, as determined by the delegating RN, when the instability of the recipient's condition as documented in the medical record is such that the recipient's care cannot be safely delegated to a personal care worker under s. DHS 107.112
A home health aide visit which is a covered service shall include at least one medically oriented task performed during a visit which cannot, in the judgment of the delegating RN, be safely delegated to a personal care worker; and
A home health aide, rather than a personal care worker, shall always provide medically oriented services for recipients who are under age 18.
(5) Non-covered services.
The following services are not covered home health services:
Skilled nursing services provided for 8 or more hours per recipient per day;
More than one initial visit per day by a home health skilled nurse, home health aide, physical or occupational therapist or speech and language pathologist;
Services requiring prior authorization that are provided without prior authorization;
Supervision of the recipient when supervision is the only service provided at the time;
Medications administration by a personal care worker or administration by a home health aide which has not been delegated by an RN according to the relevant provisions of ch. DHS 133
Skilled nursing services contracted for by a home health agency unless the requirements of s. DHS 133.19
are met and approved by the department;
Occupational therapy, physical therapy or speech pathology services requiring only the use of equipment without the skills of the therapist or speech pathologist;
Solely for the purpose of ensuring that a recipient who has a demonstrated history of noncompliance over 30 days complies with the medications program;
To administer or assist with medication administration of an adult recipient who is capable of safely self-administering a medication as determined and documented by the RN;
To inject a recipient who is capable of safely self-injecting a medication, as described and documented by the RN;
To prefill syringes for self-injection when, as determined and documented by the RN, the recipient is capable of prefilling or a pharmacy is available to prefill; and
To set up medication for self-administration when, as determined and documented by the RN, the recipient is capable or a pharmacy is available to assist the recipient;
Home health services to a recipient who is eligible for covered services under the medicare program or any other insurance held by the recipient;
Services that are not medically appropriate. In this paragraph,“medically appropriate" means a service that is proven and effective treatment for the condition for which it is intended or used;
A visit made by a skilled nurse, physical or occupational therapist or speech pathologist solely to train other home health workers;
Any home health service included in the daily rate of the community-based residential facility where the recipient is residing;
Services when provided to a recipient by the recipient's spouse or parent if the recipient is under age 18;
Skilled nursing and therapy services provided to a recipient who is not confined to a place of residence when services are reasonably available outside the residence;
Any service which is performed in a place other than the recipient's residence; and
In this subsection, “part-time, intermittent care" means skilled nursing services provided in a recipient's home under a plan of care which requires less than 8 hours of skilled care in a calendar day.
Part-time, intermittent nursing care may be provided by an independent nurse certified under s. DHS 105.19
when an existing home health agency cannot provide the services as appropriately documented by the nurse, and the physician's prescription specifies that the recipient requires less than 8 hours of skilled nursing care per calendar day and calls for a level of care which the nurse is licensed to provide as documented to the department.
Services provided by an MA-certified registered nurse are those services prescribed by a physician which comprise the practice of professional nursing as described under s. 441.001 (4)
, Stats., and s. N 6.03
. Services provided by an MA-certified licensed practical nurse are those services which comprise the practice of practical nursing under s. 441.001 (3)
, Stats., and s. N 6.04
. An LPN may provide nursing services delegated by an RN as delegated nursing acts under the requirements of ss. N 6.03
and guidelines established by the state board of nursing.
A written plan of care shall be established for every recipient admitted for care and shall be signed by the physician and incorporated into the recipient's medical record. A written plan of care shall be developed by the registered nurse or therapist within 72 hours after acceptance. The written plan of care shall be developed by the registered nurse or therapist in consultation with the recipient and the recipient's physician and shall be signed by the physician within 20 working days following the recipient's admission for care. The written plan of care shall include, in addition to the medication and treatment orders:
Methods for delivering needed care, and an indication of which, if any, professional disciplines are responsible for delivering the care;
Provision for care coordination by an RN when more than one nurse is necessary to staff the recipient's case;
Identification of all other parties providing care to the recipient and the responsibilities of each party for that care; and
A description of functional capabilities, mental status, dietary needs and allergies.
The written plan of care shall be reviewed, signed and dated by the recipient's physician as often as required by the recipient's condition but at least every 62 days. The RN shall promptly notify the physician of any change in the recipient's condition that suggests a need to modify the plan of care.
Except as provided in subd. 5. b.
, drugs and treatment shall be administered by the RN or LPN only as ordered by the recipient's physician or his or her designee. The nurse shall immediately record and sign oral orders and shall obtain the physician's countersignature within 10 working days.
Supervision of an LPN by an RN or physician shall be performed according to the requirements under ss. N 6.03
and the results of supervisory activities shall be documented and communicated to the LPN.
Prior authorization requirements under sub. (3)
apply to services provided by an independent nurse.
A request for prior authorization of part-time, intermittent care performed by an LPN shall include the name and license number of the registered nurse supervising the LPN.
Each independent RN or LPN shall document the care and services provided. Documentation required under par. (b)
of the unavailability of a home health agency shall include names of agencies contacted, dates of contact and any other pertinent information.
Registered nurse supervision of an LPN is not separately reimbursable.
(e) Non-covered services.
The following services are not covered services under this subsection:
Any service that fails to meet the recipient's medical needs or places the recipient at risk for a negative treatment outcome.
DHS 107.11 History
Cr. Register, February, 1986, No. 362
, eff. 3-1-86; r. and recr. Register, April, 1988, No. 388
, eff. 7-1-88; am. (3) (d) and (e), cr. (3) (f), Register, December, 1988, No. 396
, eff. 1-1-89; emerg. r. and recr. eff. 7-1-92; r. and recr. Register, February, 1993, No. 446
, eff. 3-1-93; emerg. cr. (3) (ag), eff. 1-1-94; correction in (6) (b) 1. made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1999, No. 520
; corrections in (1) (c), (2) (b) 1. and (5) (i) and (j) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 2000, No. 538
; correction in (4) (k) made under s. 13.93 (2m) (b) 7., Stats., Register February 2002 No. 554
; CR 03-033
: am. (6) (b) 5. Register December 2003 No. 576
, eff. 1-1-04; corrections in (6) (b) 2. made under s. 13.93 (2m) (b) 7., Stats., Register December 2003 No. 576
; corrections in (1) (c), (2) (intro.), (b) 1., (4) (c), (k), (5) (i), (j) and (6) (d) 2. made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636
Personal care services are medically oriented activities related to assisting a recipient with activities of daily living necessary to maintain the recipient in his or her place of residence in the community. These services shall be provided upon written orders of a physician by a provider certified under s. DHS 105.17
and by a personal care worker employed by the provider or under contract to the provider who is supervised by a registered nurse according to a written plan of care. The personal care worker shall be assigned by the supervising registered nurse to specific recipients to do specific tasks for those recipients for which the personal care worker has been trained. The personal care worker's training for these specific tasks shall be assured by the supervising registered nurse. The personal care worker is limited to performing only those tasks and services as assigned for each recipient and for which he or she has been specifically trained.