Statement on quality of agency data
The data sources used to draft the rules and analyses are accurate, reliable and objective and are listed in the Summary of Factual Data and Analytical Methodologies section of this rule order.
Place where comments are to be submitted and deadline for submission
Comments may be submitted to the agency contact person that is listed above until the deadline given in the upcoming notice of public hearing. The deadline for submitting comments and the notice of public hearing will be posted on the Wisconsin Administrative Rules Website at http://adminrules.wisconsin.gov after the hearing is scheduled. RULE TEXT
SECTION 1. DHS 124.02 (1), (7), (8), are repealed.
SECTION 2. DHS 124.02 (10) and (14) are repealed and recreated to read:
DHS 124.02 (10) “Hospital staff” means the hospital’s organized component of practitioners that was recommended to be on the hospital staff by the hospital staff, and is comprised of individuals appointed by the governing body of the hospital.
DHS 124.02 (14) “Practitioners” means physicians, dentists, podiatrists or other professions permitted by Wisconsin law to distribute, dispense and administer medications in the course of professional practice, admit patients to a hospital, or provide any other health care service that is within that professions’ scope of practice and for which the governing body grants clinical privileges.
SECTION 3. DHS 124.02 (15) to (18), (20), and (21) are repealed.
SECTION 4. DHS 124.04 (2) is repealed and recreated to read:
DHS 124.04 (2) Requirements for waivers and variances. A hospital may submit a request in writing to the department to grant a waiver or variance. The department may grant the waiver or variance if the department determines:
(a) The waiver or variance is necessary to protect the public health, safety, or welfare.
(b) The waiver or variance will support the efficient and economic operation of the hospital, such as when any of the following apply:
1.
Strict enforcement of a requirement would result in unreasonable hardship on the hospital or on a patient.2. An alternative to a rule, which may involve a new concept, method, procedure or technique, new equipment, new personnel qualifications or the conduct of a pilot project, is in the interests of better care or management.
SECTION 5. DHS 124 Subchapter II and (title) are repealed and recreated to read:
Subchapter II -- Requirements
DHS 124.05 Statements of deficiency and plans of correction.
(1) Based upon an inspection and investigation by the department under s. 50.36 (4), Stats., the department may issue a statement of deficiency notifying the hospital of noncompliance with a requirement of ch. 50, Stats., or department rules. (2) The hospital shall submit a plan of correction to the department within 10 calendar days, including holidays and weekends, after receiving a statement of deficiency. The plan of correction shall include a reasonable fixed time period within which deficiencies are to be corrected.
(3) After the plan of correction is submitted, the department shall determine whether the corrections proposed by the hospital would result in compliance with the requirements of ch. 50, Stats., and department rules, and notify the hospital of the department’s determination. If the department determines the corrections proposed by the hospital would not result in compliance, the department’s notice shall describe the deficiency of the plan of correction. DHS 124.06 Patient rights and responsibilities in critical access hospitals.
(1) Every critical access hospital shall have written policies on patient rights and responsibilities, established by the governing body, which shall provide all of the following:
(a) The patient may not be denied appropriate care because of the patient’s race, creed, color, national origin, ancestry, religion, sex, sexual orientation, marital status, age, newborn status, handicap or source of payment.
(b) The patient shall be treated with consideration, respect and recognition of the patient’s individuality and personal needs, including the need for privacy in treatment.
(c) The patient’s medical record, including all computerized medical information, shall be kept confidential as required by law.
(d) The patient, or a person authorized to act on behalf of the patient in making health care related decisions, shall have access to the patient’s medical record as permitted by law.
(e) The patient shall be entitled to know who has overall responsibility for the patient’s care.
(f) The patient, or any person authorized to act on behalf of the patient in making health care related decisions, shall receive information about the patient’s illness, course of treatment and prognosis for recovery.
(g) The patient shall have the opportunity to participate to the fullest extent possible in planning for the patient’s care and treatment.
(h) The patient or his or her designated representative shall be given, at the time of admission, a copy of the critical access hospital’s policies on patient rights and responsibilities.
(i) Except in emergencies, the consent of the patient or a person authorized to act on behalf of the patient in making health care related decisions shall be obtained before treatment is administered.
(j) The patient may refuse treatment to the extent permitted by law and shall be informed of the medical consequences of the refusal.
(k) The informed consent of the patient or a person authorized to act on behalf of the patient in making health care related decisions shall be obtained before the patient participates in any form of research.
(L) Except in emergencies, the patient may not be transferred to another facility without being given a full explanation for the transfer, without provision being made for continuing care and without acceptance by the receiving institution.
(m) The patient shall be permitted to examine, and to receive an explanation of, any bill that the patient receives from the critical access hospital, and the patient shall receive, upon request, information relating to financial assistance available through the critical access hospital.
(n) The patient shall be informed of the patient’s responsibility to comply with the rules of the critical access hospital, cooperate in the patient’s own treatment, provide a complete and accurate medical history, be respectful of other patients, staff and property, and provide required information concerning payment of charges.
(o) The patient shall be informed in writing about the critical access hospital’s policies and procedures for initiation, review and resolution of patient complaints, including the address where complaints may be filed with the department.
(p) The patient may designate persons who are permitted to visit the patient during the patient’s stay at the critical access hospital.
(2) A patient who receives treatment at a critical access hospital for mental illness, a developmental disability, alcohol abuse or drug abuse shall have, in addition, the rights listed under s. 51.61, Stats., and ch. DHS 94. (3) Critical access hospital staff assigned to direct patient care shall be informed of and demonstrate their understanding of the policies on patient rights and responsibilities through orientation and appropriate in-service training activities.
(Note) Access to the records of a patient receiving treatment for mental illness, a developmental disability, alcohol abuse or drug abuse is governed by s. 51.30 (4), Stats. DHS 124.07 Maternity and neonatal care.
(1) DEFINITIONS. In this section:
(a) “Neonatal” means pertaining to the first 28 days following birth.
(b) “Perinatal” means pertaining to the mother, fetus or infant, in anticipation of and during pregnancy and through the first 28 days following birth.
