DHS 133.08(2)(g)(g) To be treated with consideration, respect and full recognition of dignity and individuality, including privacy in treatment and in care for personal needs; and

DHS 133.08(2)(h)(h) To be taught, and have the family taught, the treatment required, so that the patient can, to the extent possible, help himself or herself, and the family or other party designated by the patient can understand and help the patient.

DHS 133.08(2)(i)(i) To exercise his or her rights as a patient of the home health agency;

DHS 133.08(2)(j)(j) To have the patient’s family or legal representative exercise the patient’s rights when the patient has been judged incompetent by a court of law.

DHS 133.08(3)(3) Complaints. At the same time that the statement of patient rights is distributed under sub. (2), the home health agency shall provide the patient or guardian with a statement, provided by the department, setting forth the right to and procedure for registering complaints with the department.

DHS 133.08 HistoryHistory: Cr. Register, May, 1984, No. 341, eff. 6-1-84; reprinted to correct printing error in (2) (g), Register, September, 1984, No. 345; CR 07-060: r. and recr. (2) (intro.) and (a), cr. (2) (i) and (j) Register November 2007 No. 623, eff. 12-1-07.

DHS 133.09(1)(1) Acceptance of patients. A patient shall be accepted for service on the basis of a reasonable expectation that the patient’s medical, nursing and social needs can be met adequately by the home health agency. No patient may be provided services except under a plan of care established by a physician, an advanced practice nurse prescriber, or a physician assistant.

DHS 133.09(2)(2) Service agreement. Before care is initiated, the home health agency shall inform the patient, orally and in writing, of the extent to which payment may be expected from other sources, the charges for services that will not be covered by other sources and charges that the individual may have to pay.

DHS 133.09(3)(a)(a) Notice of discharge.

DHS 133.09(3)(a)1.1. A home health agency may not discharge a patient for any reason until the agency has discussed the discharge with the patient or the patient’s legal representative and the patient’s attending physician, advanced practice nurse prescriber, or physician assistant, and has provided written notice to the patient or the patient’s legal representative in the timelines specified in this paragraph.

DHS 133.09(3)(a)2.2. The home health agency shall provide the written notice, except when a patient is discharged due to hospital admission that occurs near the end of a 60-day episode of treatment, required under subd. 1. to the patient or the patient’s legal representative at least 10 working days in advance of discharge if the reason for discharge is any of the following:

DHS 133.09(3)(a)2.a.a. Payment has not been made for the patient’s care, following reasonable opportunity to pay any unpaid billings.

DHS 133.09(3)(a)2.b.b. The home health agency is unable to provide the care required by the patient due to a change in the patient’s condition that is not an emergency.

DHS 133.09(3)(a)3.3. The home health agency shall provide the written notice under subd. 1. to the patient or the patient’s legal representative at the time of discharge if the reason for discharge is any of the following:

DHS 133.09(3)(a)3.b.b. The attending physician, advanced practice nurse prescriber, or physician assistant orders the discharge for emergency medical reasons.

DHS 133.09(3)(a)3.c.c. The patient no longer needs home health care as determined by the attending physician, advanced practice nurse prescriber, or physician assistant.

DHS 133.09(3)(a)4.4. The home health agency shall insert a copy of the written discharge notice in the patient’s medical record.

DHS 133.09(3)(a)5.5. The home health agency shall include in every written discharge notice to a patient or the patient’s legal representative all of the following:

DHS 133.09(3)(a)5.b.b. A notice of the patient’s right to file a complaint with the department and the department’s toll-free home health hotline telephone number and the address and telephone number of the department’s division of quality assurance.

DHS 133.09 NoteNote: A complaint may be filed by writing the Bureau of Health Services, Division of Quality Assurance, P.O. Box 2969, Madison, Wisconsin 53701-2969 or by calling the Wisconsin Home Health Hotline toll free at 1-800-642-6552.

DHS 133.09(3)(b)(b) Discharge summary. The home health agency shall complete a written discharge summary within 30 calendar days following discharge of a patient. The discharge summary shall include a description of the care provided and the reason for discharge. The home health agency shall place a copy of the discharge summary in the former patient’s medical record. Upon request, the home health agency shall provide a copy of the discharge summary to the former patient, the patient’s legal representative, the attending physician, advanced practice nurse prescriber, or physician assistant.

DHS 133.09 HistoryHistory: Cr. Register, May, 1984, No. 341, eff. 6-1-84; r. and recr. (3), Register, April, 2001, No. 544, eff. 5-1-01; CR 07-060: am. (1), (3) (a) 1., 2. (intro.), 3. b., c. and (b), r. and recr. (2) Register November 2007 No. 623, eff. 12-1-07; correction in (3) (a) 5. b. made under s. 13.92 (4) (b) 6., Stats., Register February 2008 No. 626; CR 16-077: am. (1), (3) (a) 1., 3. b., c., (b) Register September 2017 No. 741 eff. 10-1-17.

DHS 133.10(1)(1) Required services. The home health agency shall directly provide or arrange for at least part-time or intermittent nursing services and provide or arrange for home health aide services.

DHS 133.10(2)(2) Optional services. In addition to the services required under sub. (1), the agency may provide therapeutic services including, but not limited to, physical therapy, speech therapy, occupational therapy and medical social services.