Wis. Admin. Code Department of Health Services § DHS 133.09 - Acceptance and discharge of patients

(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.
(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.
(3) DISCHARGE OF PATIENTS.
(a) Notice of discharge.
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.
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:
a. Payment has not been made for the patient's care, following reasonable opportunity to pay any unpaid billings.
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.
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:
a. The safety of staff is compromised, as documented by the home health agency.
b. The attending physician, advanced practice nurse prescriber, or physician assistant orders the discharge for emergency medical reasons.
c. The patient no longer needs home health care as determined by the attending physician, advanced practice nurse prescriber, or physician assistant.
4. The home health agency shall insert a copy of the written discharge notice in the patient's medical record.
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:
a. The reason for discharge.
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.

Note: 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.

(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.

Notes

Wis. Admin. Code Department of Health Services § DHS 133.09
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. Amended by, CR 16-077: am. (1), (3) (a) 1., 3. b., c., (b) Register September 2017 No. 741, eff. 10/1/2017

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