Section HFS 132.84(2)(e) Sharing of Toilet Facilities Between Sexes

PDF Version of DQA 07-016  (PDF, 30 KB)

 Date:   September 14, 2007 -- DQA Memo 07-016
                                                       Supersedes DDES-BQC - 06-011

To:       Nursing Homes NH 12

From: Jan Eakins, Director
             Bureau of Technology, Licensing and Education

Via:      Otis Woods, Administrator
              Division of Quality Assurance

Section HFS 132.84(2)(e) Sharing of toilet facilities between sexes

This memo supersedes BQC memo 06-011. It incorporates the Health Insurance Portability and Accountability Act Standards of 1996 (HIPAA).

The Division of Quality Assurance (DQA) continues to grant blanket waivers of section HFS 132.84(2)(e) to allow the sharing of toilet facilities between sexes. Effective on the date of this memorandum, facilities must adhere to the following conditions in order to be covered by this waiver:

1.  Privacy locks must be installed on the toilet room doors
     with a quick release mechanism which allows staff to open
     the doors from the resident room in an emergency.

2.  The consent of all residents involved in sharing the toilet
     facilities with the opposite sex shall be in writing, signed
     by the residents or their legal representatives, and filed in
     the residents' records. To comply with HIPAA standards
     for privacy of individually-identifiable health information,
     the facility should not identify the names of the other
     residents on the resident's consent form.

3.  The waiver shall remain in effect as long as the residents
     and/or rooms do not change, and all other conditions are
     being met.

4.  The Division will periodically review facilities' compliance
     with the condition of this waiver during annual surveys.

A waiver from section HFS 132.84(1)(a) is not required for room-sharing by married couples.

If you have questions about this memorandum, please contact the Regional Field Operations Director assigned to your facility. The names and phone numbers of the Regional Field Operations Directors are listed below:

Joe Bronner
Regional Field Operations Director
Northern (Rhinelander) Regional Office
(715) 365-2802

Joanne Powell
Regional Field Operations Director
Northeastern (Green Bay) Regional Office
(920) 448-5249

Katherine Friend
Regional Field Operations Director
Southeastern (Milwaukee) Regional Office
(414) 227-4908

Juan Flores
Regional Field Operations Director
Southern (Madison) Regional Office
(608) 266-9422

Joe Bronner
Regional Field Operations Director
Western (Eau Claire) Regional Office
(715) 836-4753

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