50.36 Rules and standards.

527 words·~2 min read·/wi/chapter-50/50-36-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The department may use and enforce the conditions in 42 CFR 482.60 as standards that apply to psychiatric hospitals, which are hospitals primarily engaged in providing psychiatric services for the diagnosis and treatment of persons who have mental illness. Beginning on July 1, 2016, except as otherwise provided under ss. 50.32 to 50.39 , the department shall use and enforce the conditions for Medicare participation for hospitals as the minimum standards that apply to hospitals. The department shall interpret the conditions for Medicare participation for hospitals using guidelines adopted by the federal centers for medicare and medicaid services, unless the department determines that a different interpretation is reasonably necessary to protect public health and safety. The department may promulgate, adopt, amend, and enforce additional rules and standards for the construction, maintenance, and operation of hospitals that the department determines are necessary to provide safe and adequate care and treatment of hospital patients and to protect the health and safety of the patients and employees. The building codes and construction standards of the department of safety and professional services shall apply to all hospitals to the extent that they are not incompatible with any building codes or construction standards required by the conditions for Medicare participation for hospitals. Except for the construction codes and standards of the department of safety and professional services and except as provided in s. 50.39

(3), the department shall be the sole agency to adopt and enforce rules and standards pertaining to hospitals.

(a)Notwithstanding sub.

(1)and except as provided pars.

(b)and

(c), all of the following apply:

1. Beginning on July 1, 2016, the department may not enforce any of the rules contained in s. DHS 124.40 or subch. II , III , or IV of ch. DHS 124 , Wis. Adm. Code, in effect on April 10, 2014.

2. The department shall, within the scope of the department’s rule-making authority under sub.

(1), promulgate rules to repeal and recreate ch. DHS 124 , Wis. Adm. Code.

(b)Paragraph

(a)1. does not apply to s. DHS 124.24

(3), Wis. Adm. Code.

(c)Paragraph

(a)does not apply beginning on the date that a permanent rule promulgated under ch. 227 that repeals and recreates ch. DHS 124 , Wis. Adm. Code, takes effect as provided in s. 227.22 .

Effective date note NOTE: Chapter DHS 124, Wis. Adm. Code, was substantially revised eff. 7-1-20 by CR 19-135. Among other changes, CR 19-135 repealed ss. DHS 124.24

(3)and 124.40 and subchs. III and IV of ch. DHS 124, Wis. Adm. Code, and repealed and recreated subch. II of ch. DHS 124, Wis. Adm. Code.

(a)Notwithstanding sub.

(3L), the department shall conduct plan reviews of all capital construction and remodeling projects of hospitals to ensure that the plans comply with any applicable building code requirements under ch. 101 and with any physical plant requirements under this chapter or under rules promulgated under this chapter.

(b)The department shall promulgate rules that establish a fee schedule for its services in conducting the plan reviews under par.

(a).