Section DHS 133.04 - Inspections(1) REGULAR SURVEYS. The department may make any inspections and investigations it considers necessary, including review of clinical and administrative records, subject only to restrictions of law.(2) COMPLAINTS. The department may investigate any complaints received by it concerning the operation or services of a home health agency. 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.
(3) PATIENT VISITS. The department may contact patients of a home health agency as part of an inspection or investigation. A licensee shall provide the department a list of names, addresses and other identifying information of current and past patients as may be requested. The department may select the names of the patients to be visited and may visit these patients with their approval.(4) ENFORCEMENT. (a)Statement of deficiency. Upon determining that a home health agency is in violation of any requirement of this chapter, the department shall promptly serve a statement of deficiency upon the administrator or other designated representative of the home health agency. The statement of deficiency shall specify the rule violated and state the facts that constitute the violation.(b)Plan of correction.1. Within 10 working days of receipt of the statement of deficiency, the home health agency shall submit a plan of correction to the department for approval detailing how the agency will correct the violation or how the agency has corrected the violation. The department may require that a plan of correction be submitted for approval within a shorter specified time for violations the department determines may be harmful to the health, safety, welfare, or rights of patients.2. The department may require the home health agency to modify the proposed plan of correction before the department approves the plan of correction.3. The department may require a licensee to implement and comply with a plan of correction that is developed by the department.4. The department shall verify that the home health agency has completed the plan of correction submitted or imposed in par. (b).(c)Penalties. The department may impose any of the following penalties for a violation of a requirement of this chapter: 1. Suspend admissions of new patients until the department has verified that the home health agency has completed the plan of correction under par. (b).2. Place conditions on the license.3. Revoke the license as specified in s. DHS 133.03(7).(5) INTERFERENCE WITH INSPECTIONS. Any interference with or refusal to allow any inspection or investigation under this chapter shall be grounds for denial or revocation of the license.(6) WAIVERS OR VARIANCES. Upon application of a home health agency, the department may waive or vary any provision of this chapter if it finds that the waiver or variance will not adversely affect the health, safety or welfare of any patient.Wis. Admin. Code Department of Health Services DHS 133.04
Cr. Register, May, 1984, No. 341, eff. 6-1-84; r. and recr. (4), Register, April, 2001, No. 544, eff. 5-1-01.