Register September 2017 No. 741
Chapter DHS 133
HOME HEALTH AGENCIES
Authority and purpose.
Acceptance and discharge of patients.
Coordination with other providers.
Skilled nursing services.
Medical social services.
Home health aide services.
Services under contract.
Ch. DHS 133 Note
Chapter H 33 as it existed on May 31, 1984 was repealed and a new chapter HSS 133 was created effective June 1, 1984. Chapter HSS 133 was renumbered chapter HFS 133 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, September, 1999, No. 525
. Chapter HFS 133 was renumbered chapter DHS 133 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637
DHS 133.01 Authority and purpose.
This chapter is promulgated under the authority of s. 50.49 (2)
, Stats. The chapter establishes minimum 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.
DHS 133.01 History
Cr. Register, May, 1984, No. 341
, eff. 6-1-84; correction made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1995, No. 476
; CR 16-077: am. Register September 2017 No. 741 eff. 10-1-17.
DHS 133.02 Definitions.
In this chapter:
“Branch office" means a location or site from which a home health agency provides services within a portion of the total geographic area served by the home health agency.
“Department" means the Wisconsin department of health services.
“Home health aide" means an individual whose name is on the registry and who is eligible for employment in a home health agency, and who is employed by or under contract to a home health agency to provide home health aide services under supervision of a registered nurse.
“Home health aide services" means personal care services which will facilitate the patient's self-care at home and are necessary to prevent or postpone institutionalization, but do not require performance by a registered nurse or licensed practical nurse.
“Legal representative" means a person who is any of the following:
A person appointed as a health care agent under an activated power of attorney for health care under ch. 155, Stats.
A person appointed as an agent to make health care decisions under a durable power of attorney under s. 243.07
, 1989 Stats., executed on or before April 28, 1990.
“Licensed practical nurse" means a person licensed as a trained practical nurse under ch. 441, Stats.
“Parent agency" means a home health agency with one or more branch offices.
“Patient fee revenue" means gross patient revenue less the following deductions:
Contractual adjustments from medical assistance, medicare, other federal payment sources, and third party payers.
DHS 133.02 Note
Examples of other federal payment sources are the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS), as authorized under 32 CFR 199
, and benefits provided through the Veteran's Administration. An example of a third party payer is a commercial insurer, including a health maintenance organization.
“Physical therapist" means a person licensed to practice physical therapy under ch. 448, Stats.
“Social worker" means an individual who holds a social worker certificate or a clinical social worker license under s. 457.08
, Stats., and has had one year of social work experience in a health care setting.
“Speech pathologist" means a person who possesses a certificate of clinical competence from the American speech and hearing association, or has completed the equivalent educational requirements and work experience necessary for such a certificate, or who will have completed the academic program and be in the process of accumulating the supervised work experience required to qualify for such a certificate before employment by the home health agency.
“Statement of deficiency" means a notice of a violation of a requirement of s. 50.49
, Stats., or this chapter.