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Wis. Admin. Code DHS 131

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Hospices

Jurisdiction: WI Agency: Wisconsin DHS Division of Quality Assurance
HOSPICE (100%)
Plain-English summary

Wisconsin Administrative Code Chapter DHS 131 establishes minimum licensing and operating standards for hospice programs in Wisconsin. It covers the full lifecycle of hospice licensure—application, provisional and regular licenses, inspections, waivers, and revocation—as well as patient rights, admission and discharge policies, comprehensive assessment requirements, and plan-of-care obligations. Facility operators must obtain a state license, comply with ongoing reporting requirements, protect patient rights (including freedom from restraint and abuse), and maintain interdisciplinary care planning for terminally ill patients.

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Regulation text
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
1 DEPARTMENT OF HEALTH SERVICES DHS 131.13
Chapter DHS 131
HOSPICES
Subchapter I — General Provisions
DHS 131.11 Authority and purpose.
DHS 131.12 Applicability.
DHS 131.13 Definitions.
DHS 131.14 License.
DHS 131.15 Inspections of licensed programs.
DHS 131.16 Waivers and variances.
Subchapter II — Patient Rights
DHS 131.17 Admission.
DHS 131.18 Discharge.
DHS 131.19 Patient rights.
Subchapter III — Patient Care
DHS 131.20 Assessment.
DHS 131.21 Plan of care.
DHS 131.22 Quality assessment and performance improvement.
DHS 131.23 Infection control.
Subchapter IV — Management
DHS 131.24 Employee health.
DHS 131.25 Core services.
DHS 131.26 Non-core services.
DHS 131.27 Volunteers.
DHS 131.28 Governing body.
DHS 131.29 Administration.
DHS 131.30 Professional management responsibility.
DHS 131.31 Employees.
DHS 131.32 Medical director.
DHS 131.33 Clinical record.
DHS 131.34 Personnel qualifications.
Subchapter V — Physical Environment
DHS 131.35 Definitions.
DHS 131.36 Scope.
DHS 131.37 Physical plant.
DHS 131.38 Fire protection.
DHS 131.39 Fire safety.
DHS 131.40 Plans for new construction and alterations.
DHS 131.41 Plan review.
DHS 131.42 Fees for plan reviews.
Note: Chapter HSS 131 was renumbered Chapter HFS 131 under s. 13.93 (2m) 
(b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, 
July, 1999, No. 523. Chapter HFS 131 was renumbered chapter DHS 131 under s. 
13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b 7., Stats., Register 
January 2009 No. 637. Chapter DHS 131 as it existed on September 30, 2010 was 
repealed and a new chapter DHS 131 was created, effective October 1, 2010.
Subchapter I — General Provisions
DHS 131.11 Authority and purpose. This chapter is 
promulgated under the authority of s. 50.95, Stats., to establish 
minimum standards for the operation of hospice programs in 
Wisconsin. The purpose of the chapter is to ensure that hospice 
patients receive safe and adequate care and support and that the 
health and safety of hospice patients, employees and volunteers 
are protected.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.
DHS 131.12 Applicability. This chapter applies to all or-
ganizations, programs and places operating as hospices in 
Wisconsin.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.
DHS 131.13 Definitions. In this chapter:
(1) XAdvance directiveY means a written instruction, such as 
a living will under ch. 154, Stats., or a power of attorney for 
health care under ch. 155, Stats., or as otherwise recognized by 
the courts of the state, relating to the provision or nonprovision of 
health care when the individual is incapacitated.
(2) XAdvanced practice nurseY means a person who is certi-
fied as an advanced practice nurse as provided in ch. N 8.
(3) XAttending physicianY means a person who is either a 
doctor of medicine or osteopathy legally authorized to practice 
medicine and surgery under ch. 448, Stats., physician assistant or 
a nurse practitioner who meets the training, education, and expe-
rience requirements specified in s. DHS 105.20 (1) and the who 
identified by the patient, at the time he or she elects to receive 
hospice care, as having the greatest overall role in the determina-
tion and delivery of the individual[s medical care.
(4) XBereavement servicesY means emotional, psychosocial, 
and spiritual support and services provided before and after the 
death of the patient to assist with issues related to grief, loss, and 
adjustment.
(5) XCore teamY means a defined group within the hospice [s 
interdisciplinary group that has represented on it physician, 
nurse, social worker and bereavement or other counseling ser-
vices and that is responsible for all aspects of care and services to 
a patient and the patient[s family.
(6) XDepartmentY means the Wisconsin department of health 
services.
(7) XEmployeeY means a person who:
(a) Works for the hospice and for whom the hospice is re-
quired to issue a W]2 form on his or her behalf.
(b) If the hospice is a subdivision of an agency or organiza-
tion, an employee of the agency or organization who is appropri-
ately trained and assigned to the hospice.
(c) Is a volunteer under the jurisdiction of the hospice.
(8) XFamily memberY means an individual with significant 
personal ties to the hospice patient who is designated a family 
member by mutual agreement between the individual and the 
patient.
(9) XHospiceY means any of the following:
(a) An organization that primarily provides palliative care and 
supportive care to an individual with terminal illness where he or 
she lives or stays and, if necessary to meet the needs of an indi-
vidual with terminal illness, arranges for or provides short-term 
inpatient care and treatment or provides respite care.
(b) A program within an organization that primarily provides 
palliative care and supportive care to an individual with terminal 
illness where he or she lives or stays, that uses designated staff 
time and facility services, that is distinct from other programs of 
care provided by the organization and, if necessary to meet the 
needs of an individual with terminal illness, that arranges for or 
provides short-term inpatient care and treatment or respite care.
(c) A place, including a freestanding structure or a separate 
part of a structure in which other services are provided, that pri-
marily provides palliative and supportive care and a place of resi-
dence to individuals with terminal illness and provides or ar-
ranges for short-term inpatient care as needed.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 131.13 WISCONSIN ADMINISTRATIVE CODE 2
(10) XHospice patient Y or XpatientY means an individual in 
the terminal stage of illness who has an anticipated life ex-
pectancy of 12 months or less and who has been admitted to the 
hospice.
(11) XInterdisciplinary groupY or XIDGY means the group of 
hospice employees which has represented on it the core team ser-
vices and may, in addition, have physical therapy, occupational 
therapy, speech pathology and nurse aide services.
(11m) XNonambulatoryY means unable to walk.
(12) XNurse aideY means an individual employed by or under 
contract to a hospice to provide nurse aide services as specified in 
s. DHS 131.26 (2) (b) under the supervision of a registered nurse.
(12m) XSemiambulatoryY means able to walk with difficulty 
or able to walk only with the assistance of an aid, such as 
crutches, a cane, or a walker.
(13) XPalliative careY means patient and family-centered care 
that optimizes quality of life by anticipating, preventing, and 
treating suffering. Palliative care throughout the continuum of 
illness involves addressing physical, intellectual, emotional, so-
cial, and spiritual needs and to facilitate patient autonomy and ac-
cess to information.
(14) XPhysicianY means a person licensed to practice 
medicine or osteopathy under ch. 448, Stats.
(15) XPlan of care Y means the written information that de-
scribes a patient[s needs and related needs of the patient[s family, 
goals and interventions by specified hospice employees or volun-
teers as well as a means for evaluating the effectiveness of the 
interventions.
(16) XRegistered nurseY means a person licensed as a regis-
tered nurse under ch. 441, Stats.
(17) XRepresentativeY means an individual who has the au-
thority under s. 50.94, Stats., to authorize or terminate medical 
care or to elect or revoke the election of hospice care on behalf of 
a terminally ill patient who is mentally or physically incapaci-
tated. This may include a legal guardian.
(18) XRespite careY means care provided to a terminally ill in-
dividual in order to provide temporary relief to the primary 
caregiver.
(19) XRestraintY means any of the following:
(a) Any manual method, physical or mechanical device, mate-
rial, or equipment that immobilizes or reduces the ability of a pa-
tient to move his or her arms, legs, body, or head freely, not in-
cluding devices, such as orthopedically prescribed devices, surgi-
cal dressings or bandages, protective helmets, or other methods 
that involve the physical holding of a patient for the purpose of 
conducting routine physical examinations or tests, or to protect 
the patient from falling out of bed, or to permit the patient to par-
ticipate in activities without the risk of physical harm that does 
not include a physical escort.
(b) A drug or medication when it is used as a restriction to 
manage the patient[s behavior or restrict the patient[s freedom of 
movement and is not a standard treatment or dosage for the pa-
tient[s condition.
(20) XSeclusionY means the involuntary confinement of a pa-
tient alone in a room or an area from which the patient is physi-
cally prevented from leaving.
(20m) XSemiambulatoryY means able to walk with difficulty 
or able to walk only with the assistance of an aid, such as 
crutches, a cane, or a walker. 
(21) XShort-term inpatient careY means care provided to a ter-
minally ill individual in an inpatient setting for brief periods of 
time for the purpose of pain control or acute or chronic symptom 
management.
(22) XSocial workerY means an individual who holds a social 
worker certificate or a clinical social worker license under s. 
457.08, Stats.
(23) XSupportive careY means services provided during the 
final stages of an individual[s terminal illness and dying and after 
the individual[s death to meet the psychosocial, social and spiri-
tual needs of family members of the terminally ill individual and 
other individuals caring for the terminally ill individual.
(24) XTerminal illnessY means a medical prognosis by a doc-
tor of medicine or osteopathy that an individual[s life expectancy 
is less than 12 months.
(25) XVolunteerY means an uncompensated staff person.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10; CR 19-
092: r. and recr. (3), cr. (11m), (20m) Register July 2020 No. 775, eff. 8-1-20; cor-
rection in (3) made under s. 35.17, Stats., Register July 2020 No. 775.
DHS 131.14 License. (1) LICENSE REQUIREMENT. (a) 
No person may conduct, maintain, operate or otherwise partici-
pate in conducting, maintaining or operating a hospice unless the 
hospice is licensed by the department.
(b) A hospice program may have more than one office or fa-
cility. Multiple units do not need to be separately licensed if the 
hospice is able to demonstrate supervision and administration 
from the central office.
(2) APPLICATION. (a) Application for a license to operate a 
hospice shall be made in writing on a form provided by the 
department.
(b) The completed application shall contain all of the follow-
ing information:
1. The name and address of the applicant.
2. The location of the hospice.
3. Identification of the person or persons administratively re-
sponsible for the program, and the affiliation, if any, of the person 
or persons with a licensed home health agency, hospital, nursing 
home or other health care facility.
4. The proposed geographic area the hospice will serve.
5. A listing of those hospice services provided directly by the 
hospice, and those hospice services provided through a contrac-
tual agreement.
6. A list of those providers under contract with the hospice to 
provide hospice services.
7. Evidence to establish that the applicant has sufficient re-
sources to permit operation of the hospice for a period of at least 
90 days.
8. Any additional information specified by the department as 
necessary to determine that the entity detailed in the application 
is a hospice and that the applicant is and is fit and qualified to op-
erate it.
(c) The applicant shall submit the application form to the de-
partment accompanied by the applicable fee established under s. 
50.93 (1) (c), Stats.
Note: To obtain an application form for a license, write the Bureau of Technol-
ogy, Licensing and Education, Division of Quality Assurance, Department of 
Health Services, P.O. Box 2969, Madison, WI 53701-2969 or telephone (608) 266-
2702. The completed application form should be sent to the same office.
(3) REVIEW OF THE APPLICATION. (a) Investigation. After 
receiving a complete application, the department shall investigate 
and inspect the applicant to determine if the applicant is fit and 
qualified to be a licensee and to determine if the applicant is able 
to comply with this chapter. An applicant that is currently certi-
fied as meeting conditions for medicare participation under 42 
USC 1395 to 1395ccc, need not be investigated or inspected as a 
condition for issuance of a license.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
3 DEPARTMENT OF HEALTH SERVICES DHS 131.14
(b) Fit and qualified. In making its determination of the ap-
plicant[s fitness, the department shall review the information 
contained in the application and shall review any other docu-
ments that appear to be relevant in making that determination, in-
cluding survey and complaint investigation findings for each 
health care provider with which the applicant is affiliated or was 
affiliated during the past 5 years. The department shall consider 
at least all of the following:
1. Any adverse action against the applicant by the licensing 
agency of this state or any other state relating to the applicant [s 
operation of a hospice, home health agency, residential facility or 
health care facility. In this subdivision, Xadverse actionY means 
an action initiated by a state licensing agency which resulted in 
the denial, suspension or revocation of the license of a hospice, 
home health agency, residential facility or health care facility op-
erated by the applicant.
2. Any adverse action against the applicant based upon non-
compliance with federal statutes or regulations in the applicant[s 
operation of a hospice, home health agency, residential facility or 
health care facility in this state or any other state. In this subdivi-
sion, Xadverse action Y means an action by a state or federal 
agency which resulted in civil money penalties, termination of a 
provider agreement, and suspension of payments or the appoint-
ment of temporary management of a hospice, home health 
agency, residential facility or health care facility operated by the 
applicant.
3. The frequency of noncompliance with state licensure and 
federal certification laws in the applicant [s operation of a hos-
pice, home health agency, residential facility or health care facil-
ity in this state or any other state.
4. Any denial, suspension, enjoining or revocation of a li-
cense that the applicant had as a health care provider as defined in 
s. 146.81 (1), Stats., or any conviction of the applicant for provid-
ing health care without a license.
5. Any conviction of the applicant for a crime involving ne-
glect or abuse of patients, or involving assaultive behavior, wan-
ton disregard for the health or safety of others or any act of elder 
abuse under s. 46.90, Stats.
6. Any conviction of the applicant for a crime related to de-
livery of health care services or items.
7. Any conviction of the applicant for a crime involving con-
trolled substances under ch. 961, Stats.
8. Any knowing or intentional failure or refusal by the appli-
cant to disclose required ownership information.
9. Any prior financial failure of the applicant that resulted in 
bankruptcy or in the closing of a hospice, home health agency or 
an inpatient health care facility or the relocation of its patients.
(4) PROVISIONAL LICENSE. After receiving a complete appli-
cation for a new license, the department shall investigate the ap-
plicant to determine the applicant [s ability to comply with this 
chapter. Prior to completing its investigation or if the hospice is 
not in operation at the time that application is made, the depart-
ment may issue a provisional license. Unless sooner revoked or 
suspended, a provisional license shall be valid for no more than 
24 months from the date of issuance.
(5) REGULAR LICENSE. (a) The department shall inspect a 
hospice prior to issuing a regular license unless sub. (3) (a) ap-
plies and the hospice need not be inspected.
(b) During the provisional period specified in sub. (4), the 
hospice shall actively serve at least 5 patients in Wisconsin. At 
the time of this inspection the hospice shall be actively providing 
services to at least 3 patients and be able to demonstrate the oper-
ational capability of all the facets of the program in order to be is-
sued a regular license.
(c) A regular license is valid indefinitely unless revoked or 
suspended.
(7) ONGOING LICENSURE. (a) A regular license shall be valid 
indefinitely if the following condition is satisfied:
(b) Every 12 months, on a schedule determined by the depart-
ment, the hospice submits an annual report to the department in 
the form and containing the information that the department re-
quires, including payment of the applicable fee specified in s. 
50.93 (1) (c) , Stats. If a complete annual report is not timely 
filed, the department shall issue a warning to the licensee. If a 
hospice that has not filed a timely report fails to submit a com-
plete report to the department within 60 days after the date estab-
lished under the schedule determined by the department, the de-
partment may revoke the license.
Note: To obtain an application form for renewal of a license, write the Bureau of 
Technology, Licensing and Education, Division of Quality Assurance, P.O. Box 
2969, Madison, Wisconsin 53701-2969 or telephone (608) 266-2702.
(8) ACTION BY THE DEPARTMENT. Within 60 days after re-
ceiving a complete application for a license the department shall 
either approve the application and issue a license or deny the ap-
plication. The department shall deny a license to any applicant 
who has a history, determined under sub. (3) (b) 1. to 3., of sub-
stantial noncompliance with federal or this state [s or any state [s 
requirements, who fails under sub. (3) (b) 4. to 9. to qualify for a 
license, or who is found not in substantial compliance with this 
chapter. If the application for a license is denied, the department 
shall give the applicant reasons, in writing, for the denial and 
shall identify the process under sub. (11) for appealing the denial.
(9) SCOPE OF LICENSE. A license is issued only for the 
premises identified in the license application, if the hospice is a 
residential facility, and only for the persons named in the license 
application, and may not be transferred or assigned by the 
licensee.
(10) REPORT OF CHANGES. (a) Changes requiring notice. 
The licensee shall, within 10 days, notify the department in writ-
ing of any changes in the services provided and any appointment 
or change of the administrator.
(b) Changes requiring new application. A new application 
under sub. (2) shall be submitted to the department within 10 
working days when any of the following changes has occurred:
1. The corporate licensee has transferred 50% or more of the 
issued stock to another party or other parties.
2. The licensee has transferred ownership of 50% or more of 
the assets to another party or other parties.
3. There has been change in partners or partnership interests 
of 50% or greater in terms of capital or share of profits.
4. The licensee has relinquished management of the agency.
(11) SUSPENSION OR REVOCATION. The department by writ-
ten notice to the applicant or recipient may suspend or revoke a li-
cense if the department finds that there has been a substantial 
failure to comply with the requirements of ss. 50.90 to 50.98, 
Stats., or this chapter. The notice shall identify the violation and 
the statute or rule violated, and shall describe the process under 
sub. (11) for appealing the decision.
(12) APPEAL OF DECISION TO DENY, SUSPEND OR REVOKE A 
LICENSE. (a) Any person aggrieved by the department[s decision 
to deny a license or to suspend or revoke a license may request a 
hearing on that decision under s. 227.42, Stats., which shall be 
limited to the issues stated as the bases for denial, suspension or 
revocation in the written notice under sub. (10).
(b) The request for hearing shall be in writing, shall be filed 
with the department of administration [s division of hearings and 
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 131.14 WISCONSIN ADMINISTRATIVE CODE 4
appeals, and shall be sent to that office so that it is received there 
within 10 days after the date of the notice under sub. (10). A re-
quest for a hearing is considered filed upon its receipt by the divi-
sion of hearings and appeals. Review is not available if the re-
quest is received more than 10 days after the date of the notice un-
der sub. (10).
Note: The mailing address of the Division of Hearings and Appeals is P.O. Box 
7875, Madison, Wisconsin 53707.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.
DHS 131.15 Inspections of licensed programs. The 
department shall conduct unannounced inspections of a hospice 
which may include home visits with prior patient consent or a re-
view of the clinical records of any individual with terminal illness 
served by the hospice. The department may inspect or investigate 
a hospice as it deems necessary.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.
DHS 131.16 Waivers and variances. (1) DEFINI-
TIONS. In this section:
(a) XVarianceY means the granting of an alternate requirement 
in place of a requirement of this chapter.
(b) XWaiverY means the granting of an exemption from a re-
quirement of this chapter.
(2) REQUIREMENTS FOR WAIVERS AND VARIANCES. A waiver 
or variance may be granted if the department finds that the waiver 
or variance will not adversely affect the health, safety, or welfare 
of any patient and that:
(a) Strict enforcement of a requirement would result in unrea-
sonable hardship on the hospice or on a patient.
(b) An alternative to a requirement, including a new concept, 
method, procedure or technique, other equipment, other person-
nel qualifications, or the conducting of a pilot project, is in the in-
terests of better care or management.
(3) PROCEDURES. (a) Application. 1. An application for a 
waiver of or variance from a requirement of this chapter shall be 
made in writing to the department, specifying all of the 
following:
a. The rule from which the waiver or variance is requested.
b. The time period for which the waiver or variance is 
requested.
c. If the request is for a variance, the specific alternative ac-
tion which the facility proposes.
d. The reasons for the request.
e. Justification that a requirement under sub. (2) would be 
satisfied.
2. A request for a waiver or variance may be made at any 
time.
3. The department may require additional information from 
the hospice prior to acting on the request.
(b) Grants and denials. 1. The department shall grant or 
deny each request for waiver or variance in writing. A notice of 
denial shall contain the reasons for denial. If a notice of denial is 
not issued within 60 days after the receipt of a complete request, 
the waiver or variance shall be automatically approved.
2. The terms of a requested variance may be modified upon 
agreement between the department and the hospice.
3. The department may impose conditions on the granting of 
a waiver or variance which it deems necessary.
4. The department may limit the duration of a waiver or 
variance.
(c) Hearings. 1. Denial of a requested waiver or variance 
may be contested by requesting a hearing as provided by ch. 227, 
Stats.
2. The licensee shall sustain the burden of proving that the 
denial of a waiver or variance was unreasonable.
(d) Revocation. The department may revoke a waiver or vari-
ance for any of the following reasons:
1. The department determines that the waiver or variance is 
adversely affecting the health, safety or welfare of the patients.
2. The hospice has failed to comply with the waiver or vari-
ance as granted.
3. The licensee notifies the department in writing of the de-
sire to relinquish the waiver or variance and be subject to the re-
quirement for which the waiver or variance was previously 
granted.
4. Revocation is required by a change in law.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.
Subchapter II — Patient Rights
DHS 131.17 Admission. (1) PROGRAM DESCRIPTION. 
A hospice shall have a written description of its program that 
clearly describes the general patient and family needs that can be 
met by the hospice, and that includes written admission policies 
that includes all of the following:
(a) Clearly define the philosophy of the program.
(b) Limit admission to individuals with terminal illness as de-
fined under s. DHS 131.13 (24).
(c) Clearly define the hospice [s limits in providing services 
and the settings for service provision.
(d) Ensure protection of patient rights.
(e) Provide clear information about services available for the 
prospective patient and his or her representative, if any.
(f) Allow an individual to receive hospice services whether or 
not the individual has executed an advance directive.
(2) PROGRAM EXPLANATION. (a) A hospice employee shall 
inform the person and his or her representative, if any, of admis-
sion policies under sub. (1).
(3) INITIAL DETERMINATION. (a) The hospice employee 
shall, based on the needs described by the person seeking admis-
sion or that person[s representative, if any, or both, make an initial 
determination as to whether or not the hospice is generally able to 
meet those needs.
(b) If the hospice employee determines that the hospice does 
not have the general capability to provide the needed services, the 
hospice may not admit the person but rather shall suggest to the 
referring source alternative programs that may meet the described 
needs.
(4) PATIENT ACKNOWLEDGEMENT AND HOSPICE ACCEP-
TANCE. The person seeking admission to the hospice shall be 
recognized as being admitted after:
(a) Completion of the assessment under sub. (3).
(b) Completion of a service agreement in which:
1. The person or the person[s representative, if any, acknowl-
edges, in writing, that he or she has been informed about admis-
sion policies and services.
2. The hospice agrees to provide care for the person.
3. The person or the person [s representative, if any, autho-
rizes services in writing.
(5) PROHIBITION. Any person determined not to have a ter-
minal illness as defined under s. DHS 131.13 (24) may not be ad-
mitted to the hospice.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.
DHS 131.18 Discharge. (1) OBLIGATION. Once a hos-
pice has admitted a patient to the program, and the patient or the 
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
5 DEPARTMENT OF HEALTH SERVICES DHS 131.19
patient[s representative, if any, has signed the acknowledgement 
and authorization for services under s. DHS 131.17 (4) (b) , the 
hospice is obligated to provide care to that patient.
(2) WRITTEN POLICY. The hospice shall have a written policy 
that details the manner in which the hospice is able to end its 
obligation to a patient. This policy shall be provided to the pa-
tient or patient [s representative, if any, as part of the acknowl-
edgement and authorization process at the time of the patient [s 
admission. The policy shall include all of the following as a basis 
for discharging a patient:
(a) The hospice may discharge a patient:
1. Upon the request or with the informed consent of the pa-
tient or the patient[s representative.
2. If the patient elects care other than hospice care at any 
time.
3. If the patient elects active treatment, inconsistent with the 
role of palliative hospice care.
4. If the patient moves out of the geographical area served by 
the hospice or into a facility that does not have a contract with the 
hospice.
5. If the patient requests services in a setting that exceeds the 
limitations of the hospice[s authority.
6. For nonpayment of charges, following reasonable oppor-
tunity to pay any deficiency.
7. For the patient[s safety and welfare or the safety and wel-
fare of others, if the hospice determines that the behavior of the 
patient or other persons in the patient [s home is disruptive, abu-
sive, or uncooperative to the extent that delivery of care to the pa-
tient or the ability of the hospice to operate effectively is seri-
ously impaired.
8. If the hospice determines that the patient is no longer ter-
minally ill.
(b) The hospice shall do all of the following before it seeks to 
discharge a patient whose behavior or the behavior of other per-
sons in the patient [s home, is disruptive, abusive, or uncoopera-
tive to the extent that delivery of care to the patient or the ability 
of the hospice to operate effectively is seriously impaired:
1. Advise the patient that a discharge for cause is being 
considered.
2. Make a serious effort to resolve the problem or problems 
presented by the patient[s behavior or situation.
3. Ascertain that the patient [s proposed discharge is not due 
to the patient[s use of necessary hospice services.
4. Document the matter and enter this documentation into 
the patient[s clinical record.
(3) NOTICE. (a) When a patient is being discharged for a rea-
son given in sub. (2) (a) 1.,2., 3., 4., 5., 7., or 8., the hospice shall 
give written notice of the discharge to the patient or patient[s rep-
resentative, if any, a family representative and the attending 
physician.
(b) When a patient is being discharged for the reason given in 
sub. (2) (a) 6. , the hospice shall give written notice of the dis-
charge at least 14 days prior to the date of discharge, and indicate 
a proposed date for pre-discharge planning. The written notice 
shall be given to the patient or patient [s representative, if any, a 
family representative and the attending physician.
(4) PLANNING. The hospice shall conduct the pre-discharge 
planning with the patient or the patient [s representative and re-
view the need for discharge, assess the effect of discharge on the 
patient, discuss alternative placements and develop a comprehen-
sive discharge plan.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10; CR 19-
092: am. (2) (a) 4., 7., r. and recr. (3), am. (4) Register July 2020 No. 775, eff. 8-1-
20.
DHS 131.19 Patient rights. (1) GENERAL INFORMA-
TION. A hospice shall provide each patient and patient [s repre-
sentative, if any, with a written statement of the rights of patients 
before services are provided, and shall fully inform each patient 
and patient[s representative, if any, of all of the following:
(a) Those patient rights and all hospice rules and regulations 
governing patient responsibilities, which shall be evidenced by 
written acknowledgement provided by the patient, if possible, or 
the patient[s representative, if any, prior to receipt of services.
(b) The right to prepare an advance directive.
(c) The right to be informed of any significant change in the 
patient[s needs or status.
(d) The hospice[s criteria for discharging the individual from 
the program.
(2) RIGHTS OF PATIENTS. In addition to rights to the informa-
tion under sub. (1), each patient shall have all of the following 
rights:
(a) To receive effective pain management and symptom con-
trol from the hospice for conditions related to the terminal illness.
(b) To participate in planning care and in planning changes in 
care.
(c) To select or refuse care or treatment.
(d) To choose his or her attending physician.
(e) To confidential treatment of personal and clinical record 
information and to approve or refuse release of information to any 
individual outside the hospice, except in the case of transfer to an-
other health care facility, or as required by law or third party pay-
ment contract.
(f) To request and receive an exact copy of one [s clinical 
record.
(g) To be free from mistreatment, neglect, or verbal, mental, 
sexual, and physical abuse, including injuries of unknown source, 
and misappropriation of patient property.
(h) To be free from restraints and seclusion except as autho-
rized in writing by the attending physician to provide palliative 
care for a specified and limited period of time and documented in 
the plan of care.
(i) To be treated with courtesy, respect and full recognition of 
the patient[s dignity and individuality and to choose physical and 
emotional privacy in treatment, living arrangements and the care 
of personal needs.
(j) To privately communicate with others without restrictions.
(k) To receive visitors at any hour, including small children, 
and to refuse visitors.
(L) To be informed prior to admission of the types of services 
available from the hospice, including contracted services and 
specialized services for unique patient groups such as children.
(m) To be informed of those items and services that the hos-
pice offers and for which the resident may be charged, and the 
amount of charges for those services.
(3) PATIENT COMPLAINT PROCEDURE. Each patient shall have 
the right, on his or her own behalf or through others, to do all of 
the following:
(a) Express a complaint to hospice employees, without fear of 
reprisal, about the care and services provided and to have the hos-
pice investigate the complaint in accordance with an established 
complaint procedure. The hospice shall document both the exis-
tence of the complaint and the resolution of the complaint.
(b) Express complaints to the department, and to receive a 
statement provided by the department setting forth the right to 
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 131.19 WISCONSIN ADMINISTRATIVE CODE 6
and procedure for filing verbal or written complaints with the 
department.
(c) Be advised of the availability of a toll-free hotline, includ-
ing its telephone number, to receive complaints or questions 
about local hospices, and be advised of the availability of the long 
term care ombudsman to provide patient advocacy and other ser-
vices under s. 16.009, Stats.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.
Subchapter III — Patient Care
DHS 131.20 Assessment. (1) INITIAL ASSESSMENT. 
(a) If the hospice determines that it has the general capability to 
meet the prospective patient[s described needs, a registered nurse 
shall perform an initial assessment of the person [s immediate 
needs and shall describe in writing the person[s current status, in-
cluding physical condition, present pain status, emotional status, 
pertinent psychosocial and spiritual concerns and coping ability 
of the prospective patient and family support system, and shall 
determine the appropriateness or inappropriateness of admission 
to the hospice based on the assessment.
(b) The designated hospice employee shall confer with at least 
one other core team member and receive that person [s views in 
order to start the initial plan of care.
(2) TIME FRAME FOR COMPLETION OF THE COMPREHENSIVE 
ASSESSMENT. The hospice interdisciplinary group, in consulta-
tion with the individual [s attending physician, if any, shall com-
plete the comprehensive assessment no later than 5 calendar days 
after the election of hospice care.
(3) CONTENT OF THE COMPREHENSIVE ASSESSMENT. The 
comprehensive assessment shall identify the physical, psychoso-
cial, emotional, and spiritual needs related to the terminal illness 
that shall be addressed in order to promote the hospice patient [s 
well-being, comfort, and dignity throughout the dying process. 
The comprehensive assessment shall take into consideration all 
of the following factors:
(a) The nature and condition causing admission including the 
presence or lack of objective data and subjective complaints.
(b) Complications and risk factors that affect care planning.
(c) Functional status, including the patient[s ability to under-
stand and participate in his or her own care.
(d) Imminence of death.
(e) Severity of symptoms.
(f) Drug profile. A review of the patient [s prescription and 
over-the-counter drugs, herbal remedies and other alternative 
treatments that could affect drug therapy. This includes, but is 
not limited to, identification of the following:
1. Effectiveness of drug therapy.
2. Drug side effects.
3. Actual or potential drug interactions.
4. Duplicate drug therapy.
5. Drug therapy currently associated with laboratory 
monitoring.
(g) Bereavement. An initial bereavement assessment of the 
needs of the patient[s family and other individuals focusing on the 
social, spiritual, and cultural factors that may impact their ability 
to cope with the patient [s death. Information gathered from the 
initial bereavement assessment shall be incorporated into the plan 
of care and considered in the bereavement plan of care.
(h) The need for referrals and further evaluation by appropri-
ate health professionals.
(4) UPDATE OF THE COMPREHENSIVE ASSESSMENT. The up-
date of the comprehensive assessment shall be accomplished by 
the hospice interdisciplinary group in collaboration with the indi-
vidual[s attending physician, if any, and shall consider changes 
that have taken place since the initial assessment. The compre-
hensive assessment shall include information on the patient [s 
progress toward desired outcomes, as well as a reassessment of 
the patient[s response to care. The assessment update shall be ac-
complished as frequently as the condition of the patient requires, 
but no less frequently than every 15 days. The hospice interdisci-
plinary group shall primarily meet in person to conduct the up-
date of the comprehensive assessment.
(5) PATIENT OUTCOME MEASURES. (a) The comprehensive 
assessment shall include data elements that allow for measure-
ment of outcomes. The hospice shall measure and document data 
in the same way for all patients.
(b) The data elements shall do all of the following:
1. Take into consideration aspects of care related to hospice 
and palliation.
2. Be an integral part of the comprehensive assessment.
3. Be documented in a systematic and retrievable way for 
each patient.
(c) The data elements for each patient shall be used in individ-
ual patient care planning and in the coordination of services, and 
shall be used in the aggregate for the hospice[s quality assessment 
and performance improvement program.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10; CR 19-
092: am. (1) (a) Register July 2020 No. 775, eff. 8-1-20.
DHS 131.21 Plan of care. (1) GENERAL REQUIRE-
MENTS. A written plan of care shall be established and main-
tained for each patient admitted to the hospice program and the 
patient[s family. The hospice plan of care is a document that de-
scribes both the palliative and supportive care to be provided by 
the hospice to the patient and the patient [s family, as well as the 
manner by which the hospice will provide that care. The care 
provided to the patient and the patient[s family shall be in accor-
dance with the plan of care.
(2) INITIAL PLAN OF CARE. (a) The hospice shall develop an 
initial plan of care that does all of the following:
1. Defines the services to be provided to the patient and the 
patient[s family.
2. Incorporates physician orders and medical procedures.
(b) The initial plan of care shall be developed upon conclu-
sion of the assessment under s. DHS 131.20 (1) (a).
(c) The initial plan of care shall be developed jointly by the 
employee who performed the initial assessment and at least one 
other member of the core team.
(d) The registered nurse shall immediately record and sign a 
physician[s oral orders and shall obtain the physician [s counter-
signature within 20 business days.
(3) PLAN OF CARE. (a) Integrated plan of care. The hospice 
core team shall develop an integrated plan of care for the new pa-
tient within 5 days after the admission. The core team shall use 
the initial plan of care as a basis for team decision-making and 
shall update intervention strategies as a result of core team as-
sessment and planning collaboration.
(b) Content of the plan of care. The hospice shall develop an 
individualized written plan of care for each patient. The plan of 
care shall reflect patient and family goals and interventions based 
on the problems identified in the initial, comprehensive, and up-
dated comprehensive assessments. The plan of care shall include 
all services necessary for the palliation and management of the 
terminal illness and related conditions, including all of the 
following:
1. Interventions to manage pain and symptoms.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
7 DEPARTMENT OF HEALTH SERVICES DHS 131.23
2. A detailed statement of the scope and frequency of ser-
vices necessary to meet the specific patient and family needs.
3. Measurable outcomes anticipated from implementing and 
coordinating the plan of care.
4. Drugs and treatment necessary to meet the needs of the 
patient.
5. Medical supplies and appliances necessary to meet the 
needs of the patient.
6. The interdisciplinary group [s documentation of the pa-
tient[s or representative[s, if any, level of understanding, involve-
ment, and agreement with the plan of care, in accordance with 
the hospice[s own policies, in the clinical record.
(c) Review of the plan of care. The hospice interdisciplinary 
group in collaboration with the individual [s attending physician, 
if any, shall review, revise and document the individualized plan 
as frequently as the patient [s condition requires, but no less fre-
quently than every 15 calendar days. A revised plan of care shall 
include information from the patient [s updated comprehensive 
assessment and shall note the patient[s progress toward outcomes 
and goals specified in the plan of care. The hospice interdiscipli-
nary group shall primarily meet in person to review and revise the 
individualized plan of care.
(d) Bereavement plan of care. The hospice core team shall re-
view and update the bereavement plan of care, at minimum:
1. Fifteen calendar days following a patient[s death.
2. Within 60 calendar days following the patient[s death.
3. As often as necessary based on identified family needs.
4. At the termination of bereavement services.
(e) Contents of the bereavement plan of care. The bereave-
ment plan of care shall include all of the following:
1. The family and caregiver[s specific needs or concerns.
2. Intervention strategies to meet the identified needs.
3. Employees responsible for delivering the care.
4. Established timeframes for evaluating and updating the 
interventions.
5. The effect of the intervention in meeting established goals.
(f) Record of notes. The core team shall develop a system for 
recording and maintaining a record of notes within the plan of 
care.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10; CR 19-
092: am. (2) (d) Register July 2020 No. 775, eff. 8-1-20.
DHS 131.22 Quality assessment and performance 
improvement. (1) PROGRAM STANDARDS. (a) The hospice 
shall develop, implement, and maintain an effective, ongoing, 
hospice-wide data-driven quality assessment and performance 
improvement program.
(b) The hospice [s governing body shall ensure that the pro-
gram reflects the complexity of its organization and services, in-
volves all hospice services including those services furnished un-
der contract or arrangement, focuses on indicators related to im-
proved palliative outcomes, and takes actions to demonstrate im-
provement in hospice performance.
(c) The hospice shall maintain documentary evidence of its 
quality assessment and performance improvement program and 
be able to demonstrate its operation to the department.
(2) PROGRAM SCOPE. (a) The program shall at least be capa-
ble of showing measurable improvement in indicators related to 
improved palliative outcomes and hospice services.
(b) The hospice shall measure, analyze, and track quality in-
dicators, including adverse patient events, and other aspects of 
performance that enable the hospice to assess processes of care, 
hospice services, and operations.
(3) PROGRAM DATA. (a) The program shall use quality indi-
cator data, including patient care, and other relevant data, in the 
design of its program.
(b) The hospice shall use the data collected to do all of the 
following:
1. Monitor the effectiveness and safety of services and qual-
ity of care.
2. Identify opportunities and priorities for improvement.
(c) The frequency and detail of the data collection shall be ap-
proved by the hospice[s governing body.
(4) PROGRAM ACTIVITIES. (a) The hospice [s performance 
improvement activities shall include all of the following:
1. Focus on high risk, high volume, or problem-prone areas.
2. Consider incidence, prevalence, and severity of problems 
in those areas.
3. Affect palliative outcomes, patient safety, and quality of 
care.
(b) Performance improvement activities track adverse patient 
events, analyze their causes, and implement preventive actions 
and mechanisms that include feedback and learning throughout 
the hospice.
(c) The hospice shall take actions aimed at performance im-
provement and, after implementing those actions. The hospice 
shall measure its success and track performance to ensure that 
improvements are sustained.
(5) PERFORMANCE IMPROVEMENT PROJECTS. The hospice 
shall develop, implement, and evaluate performance improve-
ment projects.
(a) The number and scope of distinct performance improve-
ment projects conducted annually, based on the needs of the hos-
pice[s population and internal organizational needs, and shall re-
flect the scope, complexity, and past performance of the hos-
pice[s services and operations.
(b) The hospice shall document what performance improve-
ment projects are being conducted, the reasons for conducting 
these projects, and the measurable progress achieved on these 
projects.
(6) EXECUTIVE RESPONSIBILITIES. The hospice [s governing 
body is responsible for ensuring all of the following:
(a) That an ongoing program for quality improvement and pa-
tient safety is defined, implemented, and maintained, and is eval-
uated annually.
(b) That the hospice-wide quality assessment and perfor-
mance improvement efforts address priorities for improved qual-
ity of care and patient safety, and that all improvement actions are 
evaluated for effectiveness.
(c) That one or more individuals who are responsible for oper-
ating the quality assessment and performance improvement pro-
gram are designated.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.
DHS 131.23 Infection control. (1) INFECTION CON-
TROL PROGRAM. The hospice shall maintain and document an ef-
fective infection control program that protects patients, families, 
visitors, and hospice employees by preventing and controlling in-
fections and communicable diseases.
(2) PREVENTION. The hospice shall follow accepted stan-
dards of practice to prevent the transmission of infections and 
communicable diseases, including the use of standard 
precautions.
(3) CONTROL. The hospice shall maintain a coordinated 
agency-wide program for the surveillance, identification, preven-
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 131.23 WISCONSIN ADMINISTRATIVE CODE 8
tion, control, and investigation of infectious and communicable 
diseases that:
(a) Is an integral part of the hospice[s quality assessment and 
performance improvement program; and
(b) Includes all of the following:
1. A method of identifying infectious and communicable 
disease problems.
2. A plan for implementing the appropriate actions that are 
expected to result in improvement and disease prevention.
(4) EDUCATION. (a) The hospice shall provide infection con-
trol education to employees, contracted providers, patients, and 
family members and other caregivers.
(b) The hospice shall develop and implement initial orienta-
tion and ongoing education and training for all hospice workers 
having direct patient contact, including students, trainees and vol-
unteers, in the epidemiology, modes of transmission, prevention 
of infection and the need for routine use of current infection con-
trol measures as recommended by the U.S. centers for disease 
control and prevention.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.
Subchapter IV — Management
DHS 131.24 Employee health. (1) DISEASE SURVEIL-
LANCE. Agencies shall develop and implement written policies 
for control of communicable diseases which take into considera-
tion control procedures incorporated by reference in ch. DHS 145 
and which ensure that employees with symptoms or signs of com-
municable disease or infected skin lesions are not permitted to 
work unless authorized to do so by a physician, physician assis-
tant or advanced practice nurse.
(2) PHYSICAL HEALTH OF NEW EMPLOYEES. Each new em-
ployee, 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 employee[s duties. The screening shall occur within 
90 days prior to the employee having direct patient contact.
(3) CONTINUING EMPLOYEES. Each employee having direct 
patient contact shall be screened for clinically apparent commu-
nicable disease by a physician, physician assistant, or registered 
nurse based on the likelihood of their exposure to a communica-
ble disease, including tuberculosis. The exposure to a communi-
cable disease may have occurred in the community or in another 
location.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.
DHS 131.25 Core services. (1) GENERAL REQUIRE-
MENTS. A hospice is responsible for providing care and services 
to a patient and, as necessary, the patient [s family, based on the 
plan of care developed by the core team. Volunteers shall partic-
ipate in the delivery of program services.
(2) CORE TEAM. (a) Each member of the core team shall be 
an employee, including a volunteer of the hospice or be under a 
contract with the hospice as specified in par. (c).
(b) With respect to services provided to a patient, each core 
team member shall do all of the following:
1. Assess patient and family needs.
2. Promptly notify the registered nurse of any change in pa-
tient status that suggests a need to update the plan of care.
3. Provide services consistent with the patient plan of care.
4. Provide education and counseling to the patient and, as 
necessary, to the patient[s family, consistent with the plan of care.
5. Participate in developing and revising written patient care 
policies and procedures.
(c) The hospice may contract for physician services as speci-
fied in par. (a). A hospice may use contracted staff, if necessary, 
to supplement hospice employees in order to meet the needs of 
patients under extraordinary or other non-routine circumstances. 
A hospice may also enter into a written arrangement with another 
Medicare certified hospice program for the provision of core ser-
vices to supplement hospice staff to meet the needs of patients. 
Circumstances under which a hospice may enter into a written ar-
rangement for the provision of core services include unantici-
pated periods of high patient loads, staffing shortages due to ill-
ness or other short-term temporary situations that interrupt pa-
tient care and temporary travel of a patient outside of the hos-
pice[s service area.
(3) PHYSICIAN SERVICES. The hospice medical director, 
physician employees, and contracted physicians of the hospice, in 
conjunction with the patient [s attending physician, are responsi-
ble for the palliation and management of the terminal illness and 
conditions related to the terminal illness.
(a) All physician employees and those under contract must 
function under the supervision of the hospice medical director.
(b) All physician employees and those under contract shall 
meet this requirement by either providing the services directly or 
through coordinating patient care with the attending physician. If 
the attending physician is unavailable, the medical director, con-
tracted physician, and or hospice physician employee is responsi-
ble for meeting the medical needs of the patient.
(4) NURSING SERVICES. (a) Nursing services shall be pro-
vided by or under the supervision of a registered nurse and shall 
consist of all of the following:
1. Regularly assessing the patient [s nursing needs, imple-
menting the plan of care provisions to meet those needs and 
reevaluating the patient[s nursing needs.
2. Supervising and teaching other nursing personnel, includ-
ing licensed practical nurses, nurse aides.
3. Evaluating the effectiveness of delegated acts performed 
under the registered nurse[s supervision.
(b) Highly specialized nursing services that are provided so 
infrequently that the provision of such services by direct hospice 
employees would be impracticable and prohibitively expensive, 
may be provided under contract.
(c) Licensed practical nursing services. If licensed practical 
nursing services are provided, the licensed practical nurse shall 
function under the supervision of a registered nurse with duties 
specified in writing and updated by a registered nurse.
(5) SOCIAL SERVICES. (a) Social services shall be provided 
by a qualified social worker and shall consist of all of the 
following:
1. Regularly assessing the patient[s social service needs, im-
plementing the plan of care to meet those needs and reevaluating 
the patient [s needs and providing ongoing psychosocial assess-
ment of the family[s coping capacity relative to the patient [s ter-
minal condition.
2. Linking patient and family with needed community re-
sources to meet ongoing social, emotional and economic needs.
(6) COUNSELING SERVICES. Counseling services shall be 
available to the patient and family to assist the patient and family 
in minimizing the stress and problems that arise from the termi-
nal illness, related conditions, and the dying process.
(a) Bereavement services. Bereavement services shall be pro-
vided to families of hospice patients. Each hospice shall have its 
own bereavement program. Bereavement services shall be:
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
9 DEPARTMENT OF HEALTH SERVICES DHS 131.27
1. Coordinated by an individual who possesses the capacity 
by training and experience to provide for the bereavement needs 
of families, including the ability to organize a program of di-
rected care services provided to family members. DHS 131.25 
(6).
2. Compatible with the core team[s direction within the plan 
of care for the patient.
3. Available for one year following the patient[s death as part 
of an organized program and provide all of the following:
a. Orientation and training to individuals providing bereave-
ment services to ensure that there is continuity of care.
b. Service intervention either directly or through trained be-
reavement counselors.
c. Assignment, supervision and evaluation of individuals 
performing bereavement services.
d. Referrals of family members to non-hospice community 
programs where appropriate.
(b) Dietary counseling. Dietary counseling services shall be 
provided only as authorized by the hospice and in conjunction 
with the plan of care. The services shall be provided by a regis-
tered dietitian or an individual who has documented equivalency 
in education or training. Dietary services shall be supervised and 
evaluated by a registered dietitian or other individual qualified 
under this paragraph who may delegate acts to other employees. 
Dietary counseling services shall consist of all of the following:
1. Assessment of nutritional needs and food patterns;
2. Planning diets appropriate for meeting patient needs and 
preferences; and
3. Providing nutrition education and counseling to meet pa-
tient needs, as well as necessary consultation to hospice 
employees.
(c) Spiritual counseling. The hospice shall do all of the 
following:
1. Provide an assessment of the patient [s and family[s spiri-
tual needs.
2. Provide spiritual counseling to meet these needs in accor-
dance with the patient [s and family[s acceptance of this service, 
and in a manner consistent with patient and family beliefs and 
desires.
3. Make all reasonable efforts to facilitate visits by local 
clergy, pastoral counselors, or other individuals who can support 
the patient[s spiritual needs to the best of its ability.
4. Advise the patient and family of this service.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10; CR 19-
092: am. (6) (a) 1., (b) Register July 2020 No. 775, eff. 8-1-20.
DHS 131.26 Non-core services. (1) GENERAL RE-
QUIREMENTS. A hospice is responsible for providing care and 
services to a patient and, as necessary, the patient[s family, based 
on the plan of care developed by the core team. Volunteers shall 
participate in the delivery of program services. The hospice may 
provide other services as follows:
(a) Therapy services. Therapy services are provided in accor-
dance with the plan of care for the patient and by individuals who 
meet qualification requirements for therapy service delivery such 
as evidence of current licensure or registration and academic 
training. Therapy services shall consist of all of the following:
1. Physical, occupational, speech and language pathology or 
respiratory therapy.
2. The provision of a patient assessment as directed by the 
plan of care.
3. The development of a therapy plan of care.
(b) Homemaker services. If homemaker services are pro-
vided, they shall be provided in accordance with the patient [s 
plan of care and shall consist of:
1. Housekeeping activities.
2. Performing errands and shopping.
3. Providing transportation.
4. Preparing meals.
5. Other assigned tasks intended to maintain the capacity of 
the household.
(2) NURSE AIDE SERVICES. The hospice may provide nurse 
aide services as follows:
(a) Assignment. Nurse aides are assigned to a specific patient 
by a registered nurse that is a member of the interdisciplinary 
group. Written patient care instructions for a nurse aide shall be 
prepared by a registered nurse who is responsible for the supervi-
sion of a nurse aide as specified under par. (c).
(b) Plan of care. The nurse aide shall provide care in accor-
dance with the patient[s plan of care. Nurse aide services consist 
of, but are not be limited to all of the following:
1. Assisting patients with personal hygiene.
2. Assisting patients into and out of bed and with 
ambulation.
3. Assisting with prescribed exercises which patients and 
hospice aides have been taught by appropriate health care 
personnel.
4. Assisting patients to the bathroom or in using a bedpan.
5. Assisting patients with self-administration of medications.
6. Administering medications to patients if the aide has com-
pleted a state-approved medications administration course and 
has been delegated this responsibility in writing for the specific 
patient by a registered nurse.
7. Reporting changes in the patient[s condition and needs.
8. Completing appropriate records.
(c) Supervision of nurse aides. 1. A registered nurse shall 
make an on-site visit to the patient[s home no less frequently than 
every 14 days to assess the quality of care and services provided 
by the nurse aide and to ensure that services ordered by the hos-
pice interdisciplinary group meet the patient [s needs. The nurse 
aide does not have to be present during this visit.
2. If an area of concern is noted by the supervising nurse, 
then the hospice shall make an on-site visit to the location where 
the patient is receiving care in order to observe and assess the 
aide while the aide is performing care.
3. If an area of concern is verified by the hospice during the 
on-site visit, then the hospice shall conduct, and the nurse aide 
shall complete a competency evaluation.
4. A registered nurse shall make an annual on-site visit to the 
location where a patient is receiving care in order to observe and 
assess each aide while the aide is performing care.
(d) Assessment of aide. The supervising nurse shall assess an 
aide[s ability to demonstrate initial and continued satisfactory 
performance in meeting outcome criteria that include all of the 
following, but is not limited to:
1. Following the patient [s plan of care for completion of 
tasks assigned to the nurse aide by the registered nurse.
2. Creating successful interpersonal relationships with the 
patient and family.
3. Demonstrating competency with assigned tasks.
4. Complying with infection control policies and procedures.
5. Reporting changes in the patient[s condition.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.
DHS 131.27 Volunteers. Prior to beginning patient care, 
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 131.27 WISCONSIN ADMINISTRATIVE CODE 10
a volunteer shall be oriented to the hospice program and shall 
have the training for the duties to which he or she is assigned.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.
DHS 131.28 Governing body. (1) Each hospice shall 
have a governing body that assumes full legal responsibility for 
determining, implementing and monitoring the overall conduct 
and operation of the program, including the quality of the care 
and services.
(2) The governing body shall do all of the following:
(a) Be responsible for the establishment and maintenance of 
policies and for the management, operation and evaluation of the 
hospice.
(b) Adopt a statement that designates the services the hospice 
will provide and the setting or settings in which the hospice will 
provide care.
(c) Ensure that all services are provided consistent with ac-
cepted standards of professional practice.
(d) Appoint an administrator and delegate to the administrator 
the authority to operate the hospice in accordance with policies 
established by the governing body.
(e) Ensure that nursing and physician services and drugs and 
biologicals are routinely available on a 24 hour basis 7 days a 
week.
(f) Ensure that other covered services are available on a 24 
hour basis when reasonable and necessary to meet the needs of 
the patient and family.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.
DHS 131.29 Administration. (1) ADMINISTRATOR. 
The administrator shall be responsible for day-to-day operation 
of the hospice.
(2) DUTIES OF THE ADMINISTRATOR. The administrator shall 
do all of the following:
(a) Implement and regularly evaluate policies for the manage-
ment and operation of the hospice and evaluation of the overall 
program performance of the hospice, and implement and regu-
larly evaluate procedures consistent with those policies.
(b) Establish an organizational structure appropriate for di-
recting the work of the hospice [s employees in accordance with 
the program[s policies and procedures.
(c) Maintain a continuous liaison between the governing body 
and the hospice employees.
(d) Ensure that employees are oriented to the program and 
their responsibilities, that they are continuously trained and that 
their performance is evaluated.
(e) Designate in writing, with the knowledge of the governing 
body, a qualified person to act in his or her absence.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.
DHS 131.30 Professional management responsi-
bility. (1) RESPONSIBILITY. The hospice is responsible for pro-
viding services to the patient or family, or both, based on assessed 
need and as established by the plan of care.
(2) CONTRACT SERVICES. The hospice may contract with 
other providers for the provision of services to a patient or the pa-
tient[s family, or both, in which case the hospice shall retain re-
sponsibility for the quality, availability, safety, effectiveness, doc-
umentation and overall coordination of the care provided to the 
patient or the patient[s family, or both, as directed by the hospice 
plan of care. The hospice shall:
(a) Ensure that there is continuity of care for the patient or the 
patient[s family, or both, in the relevant care setting.
(b) Be responsible for all services delivered to the patient or 
the patient[s family, or both, through the contract. The written 
contract shall include all of the following:
1. Identification of the services to be provided.
2. Stipulation that services are to be provided only with the 
authorization of the hospice and as directed by the hospice plan 
of care for the patient.
3. The manner in which the contracted services are coordi-
nated and supervised by the hospice.
4. The delineation of the roles of the hospice and service 
provider in the admission process, assessment, interdisciplinary 
group meetings and ongoing provision of palliative and support-
ive care.
5. A method of evaluation of the effectiveness of those con-
tracted services through the quality assurance program under s. 
DHS 131.22.
6. The qualifications of the personnel providing the services.
(c) Evaluate the services provided under a contractual ar-
rangement on an annual basis.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.
DHS 131.31 Employees. (1) CAREGIVER BACKGROUND 
CHECKS. Each hospice shall comply with the caregiver back-
ground check and misconduct reporting requirements in s. 
50.065, Stats., and ch. DHS 12, and the caregiver misconduct re-
porting and investigation requirements in ch. DHS 13.
(2) GENERAL REQUIREMENTS. Prior to beginning patient 
care, every employee or contracted staff shall be oriented to the 
hospice program and the job to which he or she is assigned.
(3) ORIENTATION PROGRAM. A hospice [s orientation pro-
gram shall include all of the following:
(a) An overview of the hospice [s goal in providing palliative 
care.
(b) Policies and services of the program.
(c) Information concerning specific job duties.
(d) The role of the plan of care in determining the services to 
be provided.
(e) Ethics, confidentiality of patient information, patient 
rights and grievance procedures.
(4) DUTIES. Hospice employees or contracted staff may be 
assigned only those duties for which they are capable, as evi-
denced by documented training or possession of a license or 
certificate.
(5) CONTINUOUS TRAINING. A program of continuing train-
ing directed at maintenance of appropriate skill levels shall be 
provided for all hospice employees providing services to patients 
and their families.
(6) EVALUATION. A hospice shall evaluate every employee 
annually for quality of performance and adherence to the hos-
pice[s policies. Evaluations shall be followed up with appropriate 
action.
(7) PERSONNEL PRACTICES. (a) Hospice personnel practices 
shall be supported by appropriate written personnel policies.
(b) Personnel records shall include evidence of qualifications, 
licensure, performance evaluations and continuing training, and 
shall be kept up-to-date.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.
DHS 131.32 Medical director. (1) The hospice shall 
have a medical director who shall be a medical doctor or a doctor 
of osteopathy.
(2) The medical director shall do all of the following:
(a) Direct the medical components of the program.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
11 DEPARTMENT OF HEALTH SERVICES DHS 131.37
(b) Ensure that the terminal status of each individual admitted 
to the program has been established.
(c) Ensure that medications are used within accepted stan-
dards of practice.
(d) Ensure that a system is established and maintained to doc-
ument the disposal of controlled drugs.
(e) Ensure that the medical needs of the patients are being 
met.
(f) Provide liaison as necessary between the core team and the 
attending physician.
(g) Ensure that a system is established for the disposal of con-
trolled drugs.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.
DHS 131.33 Clinical record. (1) GENERAL. A hospice 
shall establish a single and complete clinical record for every pa-
tient. Clinical record information shall remain confidential ex-
cept as required by law or a third-party payment contract.
(2) DOCUMENTATION AND ACCESSIBILITY. The clinical 
record shall be completely accurate and up-to-date, readily acces-
sible to all individuals providing services to the patient or the pa-
tient[s family, or both, and shall be systematically organized to fa-
cilitate prompt retrieval of information.
(3) CONTENT. A patient [s clinical record shall contain all of 
the following:
(a) The initial, integrated and updated plans of care prepared 
under s. DHS 131.21.
(b) The initial, comprehensive and updated comprehensive 
assessments.
(c) Complete documentation of all services provided to the 
patient or the patient[s family or both, including:
1. Assessments.
2. Interventions.
3. Instructions given to the patient or family, or both.
4. Coordination of activities.
(d) Signed copies of the notice of patient rights under s. DHS 
131.19 (1) (a) and service authorization statement under s. DHS 
131.17 (4) (b).
(e) A current medications list.
(f) Responses to medications, symptom management, treat-
ments, and services.
(g) Outcome measure data elements, as described in s. DHS 
131.20 (5).
(h) Physician certification and recertification of terminal 
illness.
(i) A statement of whether or not the patient, if an adult, has 
prepared an advance directive; and a copy of the advance direc-
tive, if prepared.
(j) Physician orders.
(k) Patient and family identification information.
(L) Referral information, medical history and pertinent hospi-
tal discharge summaries.
(m) Transfer and discharge summaries.
(4) AUTHENTICATION. (a) Entries. All entries shall be legi-
ble, permanently recorded, dated and authenticated by the person 
making the entry, and shall include that person[s name and title.
(b) Written record. A written record shall be made for every 
service provided on the date the service is provided. This written 
record shall be incorporated into the clinical record no later than 
7 calendar days after the date of service.
(c) Medical symbols. Medical symbols and abbreviations 
may be used in the clinical records if approved by a written pro-
gram policy which defines the symbols and abbreviations and 
controls their use.
(d) Protection of information. Written record policies shall 
ensure that all record information is safeguarded against loss, de-
struction and unauthorized usage.
(e) Retention and destruction. 1. An original clinical record 
and legible copy or copies of court orders or other documents, if 
any, authorizing another person to speak or act on behalf of the 
patient shall be retained for a period of at least 5 years following 
a patient [s discharge or death when there is no requirement in 
state law. All other records required by this chapter shall be re-
tained for a period of at least 2 years.
2. A hospice shall arrange for the storage and safekeeping of 
records for the periods and under the conditions required by this 
paragraph in the event the hospice closes.
3. If the ownership of a hospice changes, the clinical records 
and indexes shall remain with the hospice.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.
DHS 131.34 Personnel qualifications. (1) PERSON-
NEL QUALIFICATIONS. All professionals who furnish services di-
rectly, under an individual contract, or under arrangements with a 
hospice, shall be legally authorized, licensed, certified or regis-
tered in accordance with applicable federal, state and local laws, 
and shall act only within the scope of his or her state license, or 
state certification, or registration. Personnel qualifications shall 
be kept current at all times.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.
Subchapter V — Physical Environment
DHS 131.35 Definitions. In this subchapter:
(1) XExisting construction Y or Xexisting facility Y means a 
building which is in place or is being constructed with plans ap-
proved by the department prior to August 1, 2020.
(2) XFreestanding hospice facilityY means a residential facil-
ity serving 3 or more patients which is not located in a licensed 
hospital or nursing home.
(3) XLife Safety Code Y means the National Fire Protection 
Association[s Standard 101.
(4) XNew constructionY means construction for the first time 
of any building or addition to an existing building, the plans for 
which are approved on or after August 1, 2020.
(5) XNFPAY means the National Fire Protection Association.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10; CR 19-
092: am. (1), (3), (4), r. and recr. (5) Register July 2020 No. 775, eff. 8-1-20; correc-
tion in (1), (5) made under s. 13.92 (4) (b) 14., Stats., Register July 2020 No. 775.
DHS 131.36 Scope. This subchapter applies to free-
standing hospice facilities.
Note: Inpatient hospices located in nursing homes or hospitals must meet appli-
cable administrative codes.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10.
DHS 131.37 Physical plant. (1) GENERAL REQUIRE-
MENTS. The building of a freestanding hospice shall be con-
structed and maintained so that it is functional for the delivery of 
hospice services, appropriate to the needs of the community and 
protects the health and safety of the patients. The provisions of 
this section apply to all new, remodeled and existing construction 
unless otherwise noted. Wherever a requirement in this section is 
in conflict with the applicable Life Safety Code under s. DHS 
131.38, the Life Safety Code shall take precedence.
(5) PATIENT BEDROOMS. (a) Design and location. Patient 
bedrooms shall be designed and equipped for the comfort and 
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 131.37 WISCONSIN ADMINISTRATIVE CODE 12
privacy of the patient and shall be equipped with or located near 
toilet and bathing facilities.
(b) Capacity. 1. A patient bedroom may accommodate no 
more than 2 patients. Patients of the opposite sex may not be re-
quired to occupy the same sleeping room.
2. The minimum floor area per bed shall be 80 square feet in 
multiple patient rooms and 100 square feet in single patient 
rooms. The distance between patient beds in multipatient rooms 
shall be at least 3 feet.
(c) Bed arrangements. 2. There shall be at least 3 feet be-
tween beds where the space is necessary for patient or staff 
access.
3. Visual privacy shall be provided for each patient in 
multibed patient rooms. In new or remodeled construction, cubi-
cle curtains shall be provided.
(d) Semiambulatory and nonambulatory patients. For rooms 
with semiambulatory or nonambulatory patients, mobility space 
at the end and one side of each bed may not be not less than 4 feet. 
Adequate accessible space for storage of a patient[s wheelchair or 
other adaptive or prosthetic equipment shall be provided and 
shall be readily accessible to the patient.
(e) Equipment and supplies. Each patient shall be provided 
with all of the following:
1. A separate bed of proper size and height for the conve-
nience of the patient. Beds shall be at least 36 inches wide and 
shall be maintained in good condition.
2. Drawer space available in the bedroom for personal cloth-
ing and possessions.
3. Closet or wardrobe space with clothes racks and shelves in 
the bedroom.
(7) WINDOWS. (a) Minimum size. Every living and sleeping 
room shall have one or more outside-facing windows.
(b) Openable bedroom window. At least one outside window 
in a bedroom shall be openable from the inside without the use of 
tools.
(c) Window screens. All openable windows in habitable 
rooms shall have insect-proof screens.
(8) ELECTRICAL. (a) Every hospice facility shall be supplied 
with electrical service and shall have wiring, outlets and fixtures 
properly installed and maintained in good and safe working 
condition.
(b) Extension cords shall not be used in lieu of permanent 
wiring.
(c) Exposed wiring is prohibited.
(f) There shall be a switch or equivalent device for turning on 
at least one light in each room or passageway. The switch or 
equivalent device shall be located so as to conveniently control 
the lighting in the area.
(g) All electrical cords and appliances shall be maintained in 
a safe condition. Frayed wires and cracked or damaged switches, 
plugs and electric fixtures shall be repaired or replaced.
(9) PATIENT CALL SYSTEM. A reliable call mechanism shall 
be provided in every location where patients may be left unat-
tended, including patient rooms, toilet and bathing areas and des-
ignated high risk treatment areas from which individuals may 
need to summon assistance.
(10) BEDDING AND LAUNDRY. There shall be separate clean 
linen and dirty linen storage areas.
(b) Each patient shall have available all of the following:
1. Sufficient blankets to keep warm.
2. A pillow.
3. Mattress and pillow covers as necessary to keep mattresses 
and pillows clean and dry.
Note: When plastic mattress covers are used, there shall be a mattress pad the 
same size as the mattress over the plastic mattress cover.
(c) Clean sheets, pillowcases, towels and washcloths shall be 
available at least weekly and shall be changed as necessary to en-
sure that at all times they are clean and free from odors.
(11) DAYROOM OR LOUNGE. At least one dayroom or lounge, 
centrally located, shall be provided for use of the patients.
(12) SIZE OF DINING ROOM. Dining rooms shall be of suffi-
cient size to seat all patients at no more than 2 shifts. Dining ta-
bles and chairs shall be provided. Television trays or portable 
card tables may not be used as the primary dining tables.
(13) KITCHEN. The kitchen shall be located on the premises, 
or a satisfactory sanitary method of transportation of food shall 
be provided. If there is a kitchen on the premises, it shall meet 
food service needs and be arranged and equipped for proper re-
frigeration, heating, storage, preparation and serving of food. Ad-
equate space shall be provided for proper refuse handling and 
washing of waste receptacles, and for storage of cleaning 
compounds.
(14) MULTIPURPOSE ROOM. If a multipurpose room is used 
for dining, diversional and social activities of patients, there shall 
be sufficient space to accommodate all activities and minimize 
their interference with each other.
(15) TOTAL AREA. (a) In existing facilities, the combined 
floor space of dining, recreation, and activity areas shall not be 
less than 15 square feet per bed. Solaria and lobby sitting space 
may be included, but shall not include required exit paths. A re-
quired exit path in these areas shall be at least 4 feet wide.
(b) In new construction, the combined floor space of dining, 
recreation, and activity areas shall not be less than 25 square feet 
per bed. Solaria and lobby areas, exclusive of traffic areas, shall 
be categorized as living room space.
(c) All required dining and living areas within the building 
shall be internally accessible to every patient of the hospice.
(d) Each habitable room shall contain furnishings appropriate 
to the intended use of the room. Furnishings shall be safe for use 
by patients, and shall be comfortable, clean and maintained in 
good repair.
(e) Adequate space and equipment shall be designated to meet 
the needs of the patients and family members for privacy and so-
cial activities.
(16) HEATING. (a) The facility shall have a heating system 
capable of maintaining a temperature of 72º F. (20º C.) during pe-
riods of occupancy. Temperatures during sleeping hours may be 
reduced to 68º F. (18º C.). Higher or lower temperatures shall be 
available upon request.
(b) The heating system shall be maintained in a safe and prop-
erly functioning condition.
(c) The use of portable space heaters is prohibited.
(17) BATH AND TOILET FACILITIES. (a) Each hospice shall 
have at least one separate bath and one separate toilet room or one 
combination bath and toilet room for the use of patients which is 
accessible from public, non-sleeping areas, except where private 
bath and toilet rooms are adjacent to each sleeping room.
(b) Each floor in which patient sleeping, dining and living 
rooms are located shall have bath and toilet facilities or one com-
bination bath and toilet room for use of patients which is accessi-
ble from public, non-sleeping areas, except where private bath 
and toilet rooms are adjacent to each bedroom.
(c) All bath and toilet areas shall be well lighted.
(d) Toilets, bathtubs and showers used by residents shall pro-
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
13 DEPARTMENT OF HEALTH SERVICES DHS 131.39
vide for individual privacy. If door locks are used for privacy they 
shall be operable from both sides in an emergency.
(e) All toilet and bathing areas, facilities and fixtures shall be 
kept clean, in good repair and in good working order.
(18) WATER SUPPLY. (a) Each sink, bathtub and shower shall 
be connected to hot and cold water, and adequate hot water shall 
be supplied to meet the needs of the patients.
(b) Hot water from taps accessible to patients shall not exceed 
115n F.
(c) Where a public water supply is not available, the well or 
wells shall be approved by the Wisconsin department of natural 
resources. Water samples from an approved well shall be tested at 
least annually at the state laboratory of hygiene or another labora-
tory approved under 42 CFR 493 (CLIA).
(d) The hospice shall make provision for obtaining emergency 
fuel and water supplies.
(20) FACILITY MAINTENANCE. (a) The building shall be 
maintained in good repair and free of hazards such as cracks in 
floors, walls or ceilings, warped or loose boards, warped, broken, 
loose or cracked floor covering such as tile or linoleum, loose 
handrails or railings, and loose or broken window panes.
(b) All electrical, mechanical, water supply, fire protection 
and sewage disposal systems shall be maintained in a safe and 
functioning condition.
(c) All plumbing fixtures shall be in good repair, properly 
functioning and satisfactorily provided with protection to prevent 
contamination from entering the water supply piping.
(d) Rooms shall be kept clean, well ventilated and tidy.
(e) All furniture and furnishings shall be kept clean and main-
tained in good repair.
(f) Storage areas shall be maintained in a safe, dry and orderly 
condition. Attics and basements shall be free of accumulation of 
garbage, refuse, soiled laundry, discarded furniture, old newspa-
pers, boxes, discarded equipment and similar items.
(g) Abrasive strips or nonskid surfaces to reduce or prevent 
slipping shall be used where slippery surfaces present a hazard.
(h) The grounds, yards, and sidewalks shall be maintained in 
a neat, orderly and safe condition.
(21) FLOORS AND STAIRS. Floors and stairs shall be main-
tained in a nonhazardous condition.
(22) EXITS. Sidewalks, doorways, stairways, fire escapes and 
driveways used for exiting shall be kept free of ice, snow and 
obstructions.
(23) DOOR LOCKS. The employee in charge of the facility on 
each work shift shall have a key or other means of opening all 
locks or closing devices on all doors in the facility.
(24) EMERGENCY PLAN. (a) Each hospice shall have a writ-
ten plan posted in a conspicuous place which specifies proce-
dures for the orderly evacuation of patients in case of an emer-
gency. The plan shall include an evacuation diagram. The evacu-
ation diagram shall in addition be posted in a conspicuous place 
in the facility.
(b) The licensee, administrator and all staff who work in the 
hospice facility shall be trained in all aspects of the emergency 
plan.
(c) The procedures for exiting or taking shelter in the event of 
a fire, tornado, flooding or other disaster to be followed for pa-
tient safety shall be clearly communicated by the staff to the pa-
tients within 72 hours after admission and practiced at least quar-
terly by staff.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10; correc-
tion in (1) made under s. 13.92 (4) (b) 7., Stats., Register September 2010 No. 657; 
corrections in (4) (a) and (b), (19) (a) to (c) made under s. 13.92 (4) (b) 7. , Stats., 
Register January 2012 No. 673; CR 19-092: r. (2) to (4), am. (5) (a), r. and recr. (5) 
(a), am. (5) (b) 1., r. (5) (c) 1., am. (5) (d), (e) 3., r. (6), am. (7) (a), (c), r. and recr. (8) 
(b), (c), r. (8) (d), (e), am. (16) (c), (17) (a) 3., r. (17) (b), am. (18) (b), r. (19), (25) 
Register July 2020 No. 775, eff. 8-1-20; change in numbering in (17) made under s. 
13.92 (4) (b) 1., Stats., Register July 2020.
DHS 131.38 Fire protection. (1) BASIC RESPONSIBIL-
ITY. The hospice shall provide fire protection adequate to ensure 
the safety of patients, staff and others on the hospice [s premises. 
Necessary safeguards such as extinguishers, sprinkling and detec-
tion devices, fire and smoke barriers and ventilation control bar-
riers shall be installed to ensure rapid and effective fire and 
smoke control.
(2) LIFE SAFETY CODE. Facilities shall meet the applicable 
provisions of the 2012 edition of the Life Safety Code (LSC).
Note: Copies of the 2012 Life Safety Code and related codes are on file in the 
Department[s Division of Quality Assurance and the Legislative Reference Bureau, 
and may be obtained from the National Fire Protection Association, 1 Batterymarch 
Park, Quincy, MA 02169.
(3) FIRE SAFETY EVALUATION SYSTEM. An existing facility 
that does not meet all requirements of the applicable Life Safety 
Code may be considered in compliance with it if the facility 
achieves a passing score on the Fire Safety Evaluation System 
(FSES) developed by the U.S. department of commerce, national 
bureau of standards, to establish safety equivalencies under the 
Life Safety Code.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10; CR 16-
087: am. (2) Register September 2017 No. 741, eff. 10-1-17; CR 19-092: renum. (1) 
to (intro.) Register July 2020 No. 775 , eff. 8-1-20; renum. (intro.) to (1) under s. 
13.92 (4) (b) 1., Stats., and create (3) (title) under s. 13.92 (4) (b) 2., Stats., Register 
July 2020 No. 775.
DHS 131.39 Fire safety. (1) FIRE INSPECTION. The li-
censee of the hospice shall do all of the following:
(a) The hospice shall obtain an annual inspection of the facil-
ity by the local fire authority or certified fire inspector and shall 
retain fire inspection reports for 2 years.
(b) The hospice shall provide to the emergency preparedness 
authority a copy of the facility written plan of orderly evacuation 
of patients in the event of fire.
(2) SMOKING. (a) A written policy on smoking, consistent 
with the provisions in the Wisconsin Clean Indoor Air Act, s. 
101.123, Stats., shall be developed by the licensee of the facility 
which shall designate areas outside the building where smoking 
is permitted, if any, and shall be clearly communicated by the 
staff to a patient within 24 hours after the patient[s admission.
(3) FIRE EXTINGUISHER. (a) At least one fire extinguisher 
with a minimum 2A, 10-B-C rating shall be provided on each 
floor of the facility. A fire extinguisher shall be located at the 
head of each stairway. In addition, an extinguisher shall be lo-
cated so that the maximum area per extinguisher does not exceed 
3000 square feet and travel distance to an extinguisher does not 
exceed 75 feet. The extinguisher on the kitchen floor level shall 
be mounted in or near the kitchen.
(b) All fire extinguishers shall be maintained in readily use-
able condition and inspected annually. One year after the initial 
purchase of a fire extinguisher and annually after that the extin-
guisher shall be provided with a tag which indicates the date of 
the most recent inspection.
(c) An extinguisher shall be mounted on a wall or a post 
where it is clearly visible, unobstructed and mounted so that the 
top is not over 5 feet high. An extinguisher may not be tied down, 
locked in a cabinet or placed in a closet or on the floor except that 
it may be placed in a clearly marked, unlocked wall cabinet used 
exclusively for that purpose.
(5) FIRE PROTECTION SYSTEMS. (a) Location. No facility 
may install a smoke detection system that is not approved by the 
department.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
DHS 131.39 WISCONSIN ADMINISTRATIVE CODE 14
(b) Smoke detection systems. Each facility shall have, at a 
minimum, a low-voltage interconnected smoke detection system 
to protect the entire facility so that if any detector is activated it 
triggers an alarm audible throughout the building.
(c) Installation, testing and maintenance. Smoke detectors 
shall be installed, tested and maintained in accordance with 
NFPA 72-2013 edition. Smoke alarm detectors powered by the 
hospice electrical system shall be tested according to the manu-
facturer[s recommendation but not less than once a month. The 
hospice shall maintain a written record of tests for the previous 2 
years.
Note: Copies of the NFPA 72 National Fire Alarm and Signaling Code, 2013 
edition are on file in the Department [s Division of Quality Assurance and the Leg-
islative Reference Bureau and can be obtained from the National Fire Protection As-
sociation, 1 Batterymarch Park, Quincy, MA 02169.
(d) Location of detectors. 1. At least one smoke detector 
shall be located at each of the following locations:
a. At the head of every open stairway.
b. On the stair side of every enclosed stairway on each floor 
level.
c. In every corridor, spaced not more than 30 feet apart and 
not further than 15 feet from any wall.
d. In each common use room, including living rooms, dining 
rooms, family rooms, lounges and recreation rooms but not in-
cluding kitchens, bathrooms or laundry rooms.
e. In each sleeping room in which smoking is allowed.
f. In each room of the staff living quarters, including the staff 
office but not including kitchens and bathrooms.
g. In the basement or in each room in the basement except a 
furnace room or laundry room.
h. In rooms which are differentiated by one or more ceiling 
drops which exceed 12 inches in height.
2. Detectors in rooms shall be mounted no more than 30 feet 
apart and no more than 15 feet from the closest wall unless the 
manufacturer specifies a greater or lesser distance for effective 
placement. Large rooms may require more than one smoke de-
tector in order for the detection system to provide adequate 
protection.
(6) HEAT DETECTION. (a) Hospice facilities shall install at 
least one heat detector integrated with the smoke detection sys-
tem at each of the following locations:
1. The kitchen.
2. Any attached garage.
(b) Smoke and heat detectors installed under this section shall 
be listed by a nationally recognized testing laboratory.
(7) ATTACHED GARAGES. (a) Common walls between a hos-
pice facility and an attached garage shall be protected with not 
less than one layer of 5/8-inch Type X gypsum board with taped 
joints, or equivalent, on the garage side and with not less than one 
layer of 1/2-inch gypsum board with taped joints, or equivalent, 
on the hospice side. The walls shall provide a complete 
separation.
(b) Floor-ceiling assemblies between garages and the hospice 
facility shall be protected with not less than one layer of 5/8-inch 
type X gypsum board on the garage side of the ceiling or room 
framing.
(c) Openings between an attached garage and a hospice facil-
ity shall be protected by a self-closing 1-3/4 inch solid wood core 
door or an equivalent self-closing fire-resistive rated door.
(d) The garage floor shall be pitched away from the hospice 
facility and at its highest point shall be at least 1-1/2 inches below 
the floor of the facility.
(e) If a required exit leads into the garage, the garage shall 
have at least a 32 inch wide service door.
(8) FIRE REPORT. All incidents of fire in a hospice shall be 
reported to the department within 72 hours.
Note: Online fire reporting is available at: Health Care Facility Report F-62500 
at: https://www.dhs.wisconsin.gov/publications/p01729.pdf.
History: CR 10-034: cr. Register September 2010 No. 657, eff. 10-1-10; CR 19-
092: r. and recr. (1), r. (4), am. (5) (c) 1., r. (5) (c) 2., am. (6) (a) (intro.), (b), cr. (8) 
Register July 2020 No. 775, eff. 8-1-20; renum. (5) (c) 1. to (5) (c) under s. 13.92 (4) 
(b) 1., Stats., and correction in (5) (c) made under s. 35.17, Stats., Register July 2020 
No. 775.
DHS 131.40 Plans for new construction and alter-
ations. (1) DEFINITION. In this section, XalterationY has the 
meaning provided in s. SPS 361.05 (1) International Building 
Code, Sec. 202.
(2) SIGNING AND SEALING. Construction documents submit-
ted to the department for review shall be prepared, signed and 
sealed as required by ch. 443, Stats., and s. A-E 2.02.
(3) CONTENTS AND INFORMATION. (a) 1. Construction doc-
uments submitted to the department for review shall be dimen-
sioned and drawn to scale.
2. The scale used for the construction documents shall be in-
dicated on the documents.
(b) 1. Except as provided in subd. 2., at least 4 sets of con-
struction documents shall be submitted to the department for 
review.
2. a. At least one set of construction specifications shall be 
submitted to the department for review.
b. One complete set of plans may be submitted, provided it is 
accompanied with 3 copies of the cover sheet for the complete 
set, and provided all 4 cover sheets comply with sub. (2).
(c) Fees shall be remitted at the time the plans are submitted. 
No plan examinations, approvals, or onsite reviews shall be made 
until fees are received.
(4) APPLICATION APPROVAL. (a) A plan review application 
form shall be included with the construction documents and in-
formation submitted to the department for examination and ap-
proval. The department shall review and make a determination 
on an application for plan review under this chapter within 30 
business days.
(b) An application for conditional approval will not be 
granted if, upon examination, the department determines that the 
construction documents or application for approval require addi-
tional information.
(c) If, upon examination, the department determines that the 
construction documents and the application for approval comply 
substantially with this chapter, a conditional approval, in writing, 
shall be granted and the plans shall be stamped conditionally ap-
proved. All conditions stated in the conditional approval shall be 
complied with by the applicant before or during construction.
(d) If, upon examination, the department determines that the 
construction documents or application for approval do not sub-
stantially comply with this chapter, the application for condi-
tional approval shall be denied, in writing.
(5) EXPIRATION OF APPROVAL. (a) Building shell. Plan ap-
proval by the department for new buildings and building addi-
tions shall expire 2 years after the approval date indicated on the 
approved building plans if the building shell is not closed-in 
within those 2 years.
(b) Occupancy. Plan approval by the department for new 
buildings and building additions shall expire 3 years after the ap-
proval date indicated on the approved building plans if the build-
ing is not ready for occupancy within those 3 years.
(c) Alterations. Plan approval by the department for interior 
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827
Published under s. 35.93, Wis. Stats., by the Legislative Reference Bureau.
15 DEPARTMENT OF HEALTH SERVICES DHS 131.42
building alterations shall expire one year after the approval date 
indicated on the approved building plans if the alteration work is 
not completed within that year.
(d) HVAC construction only. Plan approval by the department 
for heating, ventilating, or air conditioning construction that does 
not include any associated building construction shall expire one 
year after the approval date indicated on the approved plans if the 
building or building area affected by the plans is not ready for oc-
cupancy within that year.
(e) Fire protection systems only. Plan approval by the depart-
ment for a fire protection system that does not include any associ-
ated building construction shall expire 2 years after the approval 
date indicated on the approved plans if the building or building 
area affected by the plans is not ready for occupancy within those 
2 years.
(6) EXTENSION OF PLAN APPROVAL. Upon request and pay-
ment of the fee specified in s. DHS 131.42 (3) (d), the expiration 
dates in sub. (5) (a) to (e) may be extended provided the request is 
submitted prior to expiration of the original approval.
(7) CHANGES TO APPROVED FINAL PLANS. Any changes in the 
approved final plans affecting the application of the requirements 
of this subchapter shall be shown on the approved final plans and 
shall be submitted to the department for approval before con-
struction is undertaken. The department shall notify the hospice 
in writing of any conflict with this subchapter found in its review 
of modified plans and specifications.
(8) PERMISSION TO START CONSTRUCTION. (a) A building 
owner may request and the department may grant permission to 
start construction for the footings and foundations upon submis-
sion of construction documents under s. DHS 131.40 (3).
(b) The department shall review and make a determination on 
an application for permission to start construction of the footings 
and foundations within 3 business days of receipt of the applica-
tion and all forms, fees under s. DHS 131.42 (3) (b), construction 
documents and information required to complete the review.
(c) A building owner who has been granted permission to 
start construction of the footings and foundations may proceed at 
the owner [s own risk without assurance that a conditional ap-
proval for the building will be granted.
(9) ONSITE REVIEWS. The department may conduct onsite re-
views during the construction phase of the project including 
framing reviews, above ceiling reviews, and finish reviews.
History: CR 19-092: cr. Register July 2020 No. 775, eff. 8-1-20.
DHS 131.41 Plan review. (1) Before the start of any 
construction or alteration project for a hospice, the plans for the 
construction or alteration shall be submitted to the department, 
pursuant to s. DHS 131.40 , for review and approval by the 
department.
(2) The department shall review hospice construction and al-
teration plans for compliance with all of the following:
(a) This chapter.
(b) The Wisconsin Commercial Building Code, chs. SPS 361 
to 366, with the exception of s. SPS 361.31 (3). Where chs. SPS 
361 to 366 refer to the department of safety and professional ser-
vices, those rules shall be deemed for purposes of review under 
this chapter to refer to the department of health services.
(c) 2012 edition of the Life Safety Code NFPA 101.
Note: Copies of the Life Safety Code NFPA documents and related codes are on 
file in the Department [s Division of Quality Assurance and the Legislative Refer-
ence Bureau and are available at the National Fire Protection Association, 1 Battery-
march Park, Quincy, MA 02169-7471.
History: CR 19-092: cr. Register July 2020 No. 775, eff. 8-1-20.
DHS 131.42 Fees for plan reviews. (1) GENERAL. 
The fees established in this section shall be paid to the depart-
ment for providing plan review services under this subchapter. 
The department may withhold providing services to parties who 
have past due accounts with the department for plan review ser-
vices. The fee for review of plans shall be based on the total gross 
floor area of s. SPS Table 302.31-1 and on the dollar value of the 
project to the schedule under sub. (2).
(2) FEE BASED ON PROJECT DOLLAR VALUE.
Project Dollar Value Fee
Less Than $4,999 $125
$5,000 - $12,249 $175
$12,500 - $24,999 $375
$25,000 - $49,999 $475
$50,000 - $99,999 $625
$100,000 - $249,999 $775
$250,000 - $499,999 $925
$500,000 - $749,999 $1,175
$750,000 - $999,999 $1,550
$1,000,000 - $2,499,999 $2,350
$2,500,000 - $4,999,999 $4,675
$5,000,000 - $9,999,999 $6,250
$10,000,000 - $19,999,999 $12,500
$20,000,000 And Over $20,000
(3) OTHER FEE PROVISIONS RELATED TO REVIEW OF PLANS. 
(a) Fee for miscellaneous plans. The fee for a miscellaneous 
plan review and inspection shall be $250. Miscellaneous plans 
are plans that have no building or heating, ventilation and air con-
ditioning plan submissions and for which there may not be an as-
sociated area. Miscellaneous plans include:
1. Footing and foundation plans submitted prior to the sub-
mission of the building plans;
2. Structural plans submitted as independent projects, such 
as docks or, antennae; and
3. Plans for any building component.
(b) Fee for permission to start construction. The fee for per-
mission to start construction shall be $75. This fee shall apply 
only to applicants proposing to start construction prior to ap-
proval of their plans by the department under s. DHS 131.40 (8).
(c) Fee for plan revision. The fee for revision of previously 
approved plans shall be $75. This paragraph applies when plans 
are revised for reasons other than those that were requested by the 
department. The department may not charge a fee for revisions 
requested by the department as a condition of original plan 
approval.
(d) Fee for extension of plan approval. The examination fee 
for a plan previously approved by the department for which an ap-
proval extension beyond the time limit specified in this chapter 
shall be $120 per plan.
(e) Fee for plan entry. In addition to the plan review and in-
spection fees for a project, each separate submission of plans for 
the project shall be accompanied by a $100.00 plan entry fee. 
When plans for multiple projects are submitted together, each 
project shall constitute a separate submission and requires a 
$100.00 plan entry fee.
(f) Fee for petitions for variance. The fee for reviewing com-
mercial building code petitions for variance shall be in accor-
dance with SPS 302. The fee for reviewing a petition on a priority 
basis shall be in accordance with SPS 302.
History: CR 19-092: cr. Register July 2020 No. 775, eff. 8-1-20.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date 
the chapter was last published. 
Register November 2024 No. 827