Section 132.51. Limitations on admissions and programs.

 

(1)   License limitations.

(a) Bed capacity. No facility may house more residents than the maximum bed capacity for which it is licensed. Persons participating in a day care program are not residents for purposes of this chapter.

(b) Care levels.

1. No person who requires care greater than that which the facility is licensed to provide may be admitted to or retained in the facility.

2. No resident whose condition changes to require care greater than that which the facility is licensed to provide shall be retained.

(c) Other conditions. The facility shall comply with all other conditions of the license.

(2)   Other limitations on admissions.

(a) Persons requiring unavailable services. Persons who require services which the facility does not provide or make available shall not be admitted or retained.

(b) Communicable diseases.

1. `Communicable disease management.' The nursing home shall have the ability to appropriately manage persons with communicable disease the nursing home admits or retains based on currently recognized standards of practice.

2. `Reportable diseases.' Facilities shall report suspected communicable diseases that are reportable under ch. DHS 145 to the local public health officer or to the department's bureau of communicable disease.

(c) Abusive or destructive residents.

1. Notwithstanding s. DHS 132.13 (1) , in this paragraph, "abusive" describes a resident whose behavior involves any single or repeated act of force, violence, harassment, deprivation or mental pressure which does or reasonably could cause physical pain or injury to another resident, or mental anguish or fear in another resident.

2. Residents who are known to be destructive of property, self-destructive, disturbing or abusive to other residents, or suicidal, shall not be admitted or retained, unless the facility has and uses sufficient resources to appropriately manage and care for them.

(d) Developmental disabilities.

1. No person who has a developmental disability may be admitted to a facility unless the facility is certified as an intermediate care facility for the mentally retarded, except that a person who has a developmental disability and who requires skilled nursing care services may be admitted to a skilled nursing facility.

2. Except in an emergency, no person who has a developmental disability may be admitted to a facility unless the county department under s. 46.23 , 51.42 , or 51.437 , Stats., of the individual's county of residence has recommended the admission.

(e) Mental illness. Except in an emergency, no person who is under age 65 and has a mental illness as defined in s. 51.01 (13) , Stats., may be admitted to a facility unless the county department under s. 46.23 , 51.42 or 51.437 , Stats., of the individual's county of residence has recommended the admission.

(f) Minors.

1. No person under the age of 18 years may be admitted, unless approved for admission by the department.

2. Requests for approval to admit a person under the age of 18 years shall be made in writing and shall include:

a. A statement from the referring physician stating the medical, nursing, rehabilitation, and special services required by the minor;

b. A statement from the administrator certifying that the required services can be provided;

c. A statement from the attending physician certifying that the physician will be providing medical care; and

d. A statement from the persons or agencies assuming financial responsibility.

(g) Admissions 7 days a week. No facility may refuse to admit new residents solely because of the day of the week.

(3)   Day care services. A facility may provide day care services to persons not housed by the facility, provided that:

(a) Day care services do not interfere with the services for residents;

(b) Each day care client is served upon the certification by a physician or physician's assistant that the client is free from tuberculosis infection; and

(c) Provision is made to enable day care clients to rest. Beds need not be provided for this purpose, and beds assigned to residents may not be provided for this purpose.

History: Cr. Register, July, 1982, No. 319 , eff. 8-1-82; emerg. r. and recr. (2) (d) and (3), eff. 9-15-86; r. and recr. (2) (d) am. (1) (b) 1., (2) (e) 1. and 2. intro., (3) (a) and (b), (4) (c), Register, January, 1987, No. 373 , eff. 2-1-87; am. (2) (b) 2. and 3. (d) 2., r. (2) (d) 3. and (3), renum. (2) (e), (f) and (4) to be (2) (f), (g) and (3), cr. (2) (e), Register, February, 1989, No. 398 , eff. 3-1-89; correction in (2) (b) 3. made under s. 13.93 (2m) (b) 7., Stats., Register, August, 2000, No. 536 ; CR 03-033 : r. and recr. (2) (b) 1. Register December 2003 No. 576 , eff. 1-1-04: CR 04-053 : r. and recr. (2) (b) and am. (2) (c) Register October 2004 No. 586 , eff. 11-1-04 ; correction in (2) (b) 2. made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637 .

Note

For a copy of ch. DHS 145 which includes a list of the communicable diseases which must be reported, write the Bureau of Public Health, P.O. Box 309, Madison, WI 53701 (phone [phone]). There is no charge for a copy of ch. DHS 145 . The referenced publications,"Guideline for Isolation Precautions in Hospitals and Guideline for Infection Control in Hospital Personnel" (HHS Publication No. (CSC) 83-8314 ) and "Universal Precautions for Prevention of . . . Bloodborne Pathogens in Health Care Settings", may be purchased from the Superintendent of Documents, Washington D.C. 20402, and is available for review in the office of the Department's Division of Quality Assurance and the Legislative Reference Bureau. Microsoft Windows NT 6.1.7601 Service Pack 1 For administration of medications to day care clients, see s. DHS 132.60 (5) (d) 6. ; for required records, see s. DHS 132.45 (4) (c) . Microsoft Windows NT 6.1.7601 Service Pack 1