DHS 107.112(2)(b)3.3. The recipient, parent or responsible person is permitted to participate in the training and supervision of the personal care worker. DHS 107.112(3)(a)(a) Personal care services shall be performed under the supervision of a registered nurse by a personal care worker who meets the requirements of s. DHS 105.17 (3) and who is employed by or is under contract to a provider certified under s. DHS 105.17. DHS 107.112(3)(b)(b) Services shall be performed according to a written plan of care for the recipient developed by a registered nurse for purposes of providing necessary and appropriate services, allowing appropriate assignment of a personal care worker and setting standards for personal care activities, giving full consideration to the recipient’s preferences for service arrangements and choice of personal care workers. The plan shall be based on the registered nurse’s visit to the recipient’s home and shall include: DHS 107.112(3)(b)4.4. Assessment of the recipient’s social and physical environment, including family involvement, living conditions, the recipient’s level of functioning and any pertinent cultural factors such as language. DHS 107.112(3)(c)(c) Review of the plan of care, evaluation of the recipient’s condition and supervisory review of the personal care worker shall be made by a registered nurse at least every 60 days. The review shall include a visit to the recipient’s home, review of the personal care worker’s daily written record and discussion with the physician of any necessary changes in the plan of care. DHS 107.112(3)(d)(d) Reimbursement for registered nurse supervisory visits is limited to one visit per month. DHS 107.112(3)(e)(e) No more than one-third of the time spent by a personal care worker may be in performing housekeeping activities. DHS 107.112(4)(4) Non-covered services. The following services are not covered services: DHS 107.112(4)(a)(a) Personal care services provided in a hospital or a nursing home or in a community-based residential facility, as defined in s. 50.01 (1), Stats., with more than 20 beds; DHS 107.112(4)(b)(b) Homemaking services and cleaning of areas not used during personal care service activities, unless directly related to the care of the person and essential to the recipient’s health; DHS 107.112(4)(e)(e) Personal care services provided in excess of 50 hours per calendar year without prior authorization; DHS 107.112(4)(g)3.3. Application of dressings involving prescription medication and use of aseptic techniques; and DHS 107.112 HistoryHistory: Cr. Register, April, 1988, No. 388, eff. 7-1-88; renum. (2) to be (2) (a), cr. (2) (b), am. (3) (e), Register, December, 1988, No. 396, eff. 1-1-89; r. and recr. (2) (b), r. (3) (f), am. (4) (f), Register, February, 1993, No. 446, eff. 3-1-93; emerg. am. (2) (a), (4) (e), eff. 1-1-94; correction in (3) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2008 No. 636; CR 20-039: am. (2) (a), (4) (e) Register October 2021 No. 790, eff. 11-1-21. DHS 107.113DHS 107.113 Respiratory care for ventilator-assisted recipients. DHS 107.113(1)(a)(a) Services, medical supplies and equipment necessary to provide life support for a recipient who has been hospitalized for at least 30 consecutive days for his or her respiratory condition and who is dependent on a ventilator for at least 6 hours per day shall be covered services when these services are provided to the recipient in the recipient’s home. DHS 107.113(1)(b)(b) A recipient receiving these services is one for whom respiratory care can safely be provided in any setting in which normal life activities take place, excluding all of the following settings: DHS 107.113(1)(b)3.3. An intermediate care facility for individuals with intellectual disabilities. DHS 107.113(1)(b)4.4. Any setting in which payment is or could be made under medical assistance for inpatient services that include room and board. DHS 107.113(1)(c)(c) Respiratory care shall be provided as required under ss. DHS 105.16 and 105.19 and according to a written plan of care under sub. (2) signed by the recipient’s provider acting within the scope of the provider’s practice for a recipient who lives in a residence that is not a hospital or a skilled nursing facility. DHS 107.113(1)(d)1.a.a. Tracheostomy care: all available types of tracheostomy tubes, stoma care, changing a tracheostomy tube, and emergency procedures for tracheostomy care including accidental extubation; DHS 107.113(1)(d)2.2. Oxygen therapy and operation of oxygen systems and auxiliary oxygen delivery devices. DHS 107.113(1)(d)3.3. Respiratory assessment, including but monitoring of breath sounds, patient color, chest excursion, secretions and vital signs. DHS 107.113(1)(d)4.a.a. Operation of positive pressure ventilator by means of tracheostomy to include, but not limited to, different modes of ventilation, types of alarms and responding to alarms, troubleshooting ventilator dysfunction, operation and assembly of ventilator circuit, that is, the delivery system, and proper cleaning and disinfection of equipment. DHS 107.113(1)(d)5.b.b. Continuous positive airway pressure (CPAP) by means of a tracheostomy tube or mask. DHS 107.113(1)(d)9.9. Case coordination activities performed by the registered nurse designated in the plan of care as case coordinator. These activities include coordination of health care services provided to the recipient with any other health or social service providers serving the recipient. DHS 107.113(2)(2) Plan of care. A recipient’s written plan of care shall be based on the orders of a provider acting within the scope of the provider’s practice, a visit to the recipient’s home by the registered nurse and consultation with the family and other household members. The plan of care established by a home health agency or independent provider for a recipient to be discharged from a hospital shall consider the hospital’s discharge plan for the recipient. The written plan of care shall be reviewed, signed and dated by the recipient’s provider and renewed at least every 62 days and whenever the recipient’s condition changes. Telephone orders shall be documented in writing and signed by the provider within 10 working days. The written provider’s plan of care shall include: DHS 107.113(2)(a)(a) Orders by a provider acting within the scope of the provider’s practice for treatments provided by the necessary disciplines specifying the amount and frequency of treatment; DHS 107.113(2)(c)(c) Principal diagnosis, surgical procedures and other pertinent diagnosis; DHS 107.113(2)(e)(e) Necessary durable medical equipment and disposable medical supplies; DHS 107.113(2)(h)(h) Identification of back-ups in the event scheduled personnel are unable to attend the case; DHS 107.113(2)(i)(i) The name of the registered nurse designated as the recipient’s case coordinator; DHS 107.113(2)(j)2.2. Provision for reliable, 24-hour a day, 7 days a week emergency service for repair and delivery of equipment; and DHS 107.113(2)(k)(k) A plan to move the recipient to safety in the event of fire, flood, tornado warning or other severe weather, or any other condition which threatens the recipient’s immediate environment. DHS 107.113(3)(3) Prior authorization. All services covered under sub. (1) and all home health services under s. DHS 107.11 provided to a recipient receiving respiratory care shall be authorized prior to the time the services are rendered. Prior authorization shall be renewed every 12 calendar months if the respiratory care under this section is still needed. The prior authorization request shall include the name of the registered nurse who is responsible for coordination of all care provided under the MA program for the recipient. Independent MA-certified respiratory therapists or nurses in private practice who are not employees of or contracted to a home health agency but are certified under s. DHS 105.19 (1) (b) to provide respiratory care shall include in the prior authorization request the name and license number of a registered nurse who will participate, on 24-hour call, in emergency assessment and management and who will be available to the respiratory therapist for consultation and assistance. DHS 107.113(4)(a)(a) Services under this section shall not be reimbursed if the recipient is receiving respiratory care from an RN, licensed practical nurse or respiratory therapist who is providing these services as part of the rental agreement for a ventilator or other respiratory equipment. DHS 107.113(4)(b)(b) Respiratory care provided to a recipient residing in a community-based residential facility (CBRF) as defined in s. 50.01 (1g), Stats., shall be in accordance with the requirements of ch. DHS 83. DHS 107.113(4)(c)(c) Durable medical equipment and disposable medical supplies shall be provided in accordance with conditions set out in s. DHS 107.24. DHS 107.113(4)(d)(d) Respiratory care services provided by a licensed practical nurse shall be provided under the supervision of a registered nurse and in accordance with standards of practice set out in s. N 6.04. DHS 107.113(4)(e)(e) Case coordination services provided by the designated case coordinator shall be documented in the clinical record, including the extent and scope of specific care coordination provided. DHS 107.113(4)(f)(f) In the event that a recipient receiving respiratory care services is discharged from the care of one respiratory care provider and admitted to the care of another respiratory care provider continues to receive services under this section, the admitting provider shall coordinate services with the discharging provider to ensure continuity of care. The admitting provider shall establish the recipient’s plan of care as provided under sub. (2) and request prior authorization under sub. (3). DHS 107.113(4)(g)(g) Travel, recordkeeping and RN supervision of a licensed practical nurse are not separately reimbursable services. DHS 107.113(5)(5) Non-covered services. The following services are not covered services: DHS 107.113(5)(b)(b) Supervision of the recipient when supervision is the only service provided;
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Department of Health Services (DHS)
Chs. DHS 101-109; Medical Assistance
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