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Wis. Admin. Code DHS 133.09 - Acceptance and discharge of patients (home health agency patient rights)

WisconsinregulationWisconsin Department of Health Services (DHS), Division of Quality Assurance

What this rule requires your agency to do

  • 1The agency must provide written notice at the time of discharge in emergency situations, such as when staff safety is compromised, a physician orders emergency discharge, or the patient no longer needs care. (DHS 133.09(3)(a)3.)(Wis. Admin. Code DHS 133.09 - Acceptance and discharge of patients (home health agency patient rights))
  • 2The agency must provide the patient written notice at least 10 working days in advance of a non-emergency discharge based on non-payment or the agency's inability to provide the care the patient requires. (DHS 133.09(3)(a)2.)(Wis. Admin. Code DHS 133.09 - Acceptance and discharge of patients (home health agency patient rights))
  • 3The agency must complete a discharge summary within 30 calendar days and provide a copy on request to the patient, the patient's legal representative, or the attending physician. (DHS 133.09(3)(b))(Wis. Admin. Code DHS 133.09 - Acceptance and discharge of patients (home health agency patient rights))
  • 4The agency must include in every discharge notice the reason for discharge and inform the patient of the right to file a complaint with the department, including the department's toll-free hotline number. (DHS 133.09(3)(a)5.)(Wis. Admin. Code DHS 133.09 - Acceptance and discharge of patients (home health agency patient rights))
  • 5The agency must not discharge a patient without first discussing the discharge decision with the patient or the patient's legal representative and the patient's attending physician, advanced practice nurse prescriber, or physician assistant. (DHS 133.09(3)(a)1.)(Wis. Admin. Code DHS 133.09 - Acceptance and discharge of patients (home health agency patient rights))

Applies to: home health / in-home care (home health agencies licensed under Wis. Admin. Code ch. DHS 133)

Wis. Admin. Code DHS 133.09 governs a home health agency's acceptance and discharge of patients, establishing patient rights surrounding discharge: prior discussion, written advance or immediate notice, mandatory notice content including complaint rights, and a discharge summary available on request.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.