Header:
WISCONSIN ADMINISTRATIVE CODE
DEPARTMENT OF HEALTH SERVICES
CHAPTER DHS 133 HOME HEALTH AGENCIES
Date:
08/31/2009
Document:
DHS 133.06 Administration.
(1) ADMINISTRATOR. The home health agency shall be administered by an administrator who shall be a licensed physician, a registered nurse, or a person who has had training and experience in health care administration and at least one year of supervisory or administrative experience in home health care or related health programs.
(2) DUTIES OF THE ADMINISTRATOR. The administrator shall:
(a) Be knowledgeable about this chapter, and shall take all reasonable steps to ensure compliance of the agency with the requirements of this chapter;
(b) Administer the entire home health services of the agency; and
(c) Cooperate with the department in investigating compliance with this chapter.
(3) PERSONNEL POLICIES. The agency shall prepare in writing and review annually the following policies:
(a) A system for recruitment, orientation and continuing training of staff; and
(b) A plan for the evaluation of staff in the performance of duties.
(4) EMPLOYEES. (a) Orientation. Prior to beginning patient care, every employee shall be oriented to the agency and the job for which he or she is hired, with the orientation program to include:
1. Policies and objectives of the agency;
2. Information concerning specific job duties;
3. The functions of health personnel employed by the home health agency and how they relate to each other in providing services;
4. Information about other community agencies, including emergency medical services; and
5. Ethics, confidentiality of patient information, and patients' rights.
(b) Scope of duties. No employees may be assigned any duties for which they are not capable, as evidenced by training or possession of a license.
(c) Evaluation. Every employee shall be evaluated periodically for quality of performance and adherence to the agency's policies and this chapter, in accordance with the written plan of evaluation under sub. (3) (b). Evaluations shall be followed up with appropriate action.
(d) Health. 1. 'Physical health of new employees.' Each new employee, prior to having direct patient contact, shall be certified in writing by a physician, physician assistant or registered nurse as having been screened for tuberculosis, and clinically apparent communicable disease that may be transmitted to a patient during the normal performance of the employee's duties. The screening shall occur within 90 days prior to the employee having direct patient contact.
2. 'Continuing employees.' Each employee having direct patient contact shall be screened for clinically apparent communicable disease by a physician, physician assistant, or registered nurse based on the likelihood of their exposure to a communicable disease, including tuberculosis. The exposure to a communicable disease may have occurred in the community or in another location.
3. 'Disease surveillance.' Agencies shall develop and implement written policies for control of communicable diseases which take into consideration control procedures incorporated by reference in ch. DHS 145 and which ensure that employees with symptoms or signs of communicable disease or infected skin lesions are not permitted to work unless authorized to do so by a physician or physician assistant or advanced practice nurse.
Note: The Americans with Disabilities Act and the Rehabilitation Act of 1973 prohibit the termination or non-hiring of an employee based solely on an employee having an infectious disease, illness or condition.
(e) Continuing training. A program of continuing training shall be provided to all employees as appropriate for the client population and the employee's duties.
(f) Personnel records. A separate up-to-date personnel record shall be maintained on each employee. The record shall include evidence of suitability for employment in the position to which the employee is assigned.
(g) Background checks and misconduct reporting and investigation. Each home health agency shall comply with the caregiver background check and misconduct reporting requirements in s. 50.065, Stats., and ch. DHS 12, and the caregiver misconduct reporting and investigation requirements in ch. DHS 13.
(5) INFECTION CONTROL AND PREVENTION. Each home health agency shall do all of the following:
(a) Develop and implement initial orientation and ongoing education and training for all staff having direct patient contact, including students, trainees and volunteers, in the epidemiology, modes of transmission and prevention of infections and the need for routine use of current infection control measures as recommended by the U.S. centers for disease control and prevention.
(b) Provide equipment and supplies necessary for all staff having direct patient care contact to minimize the risk of infection while providing patient care.
(c) Monitor adherence to evidence-based standards of practice related to protective measures. When monitoring reveals a failure to follow evidence-based standards of practice, the home health agency shall provide counseling, education, or retraining to ensure staff is adequately trained to complete their job responsibilities.
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