Wisconsin Administrative Code

DHS 77.07 Payment policies. (1) RATES. The department shall pay for communication access services providers according to licensure, certification and specialized skills, with the credentials requiring the most skill receiving the highest rates of pay. (2) PAYMENT POLICIES. (a) To…

DHS 77.08 Billing and collections. (1) Services provided under this chapter are subject to the provisions of ch. DHS 1 for ability to pay, billing and collection purposes. (2) The department shall bill any federal, state, county, municipal or private agency for requested communic…

DHS 77.09 List of communication access services providers. (1) The department shall maintain a list of communication access services providers. To be included in the list, a person or agency shall provide documentation of licensure, certifications and any specialized training. Th…

DHS 77.10 Grievances. If an individual providing communication access services under this chapter or an individual or agency receiving communication access services under this chapter is dissatisfied with any action or decision of the department relating to communication access s…

DHS 78.01 Authority and purpose. This chapter is promulgated under the authority of s. 46.297 (4), Stats., for the purpose of implementing the telecommunication assistance program (TAP) for persons who are deaf, deafblind, or severely hard of hearing. The chapter sets forth eligi…

DHS 78.02 Applicability. This chapter applies to the department and to all deaf, deafblind, and severely hard of hearing persons who apply to the department for program funding for the purchase of telecommunication equipment for their homes.

DHS 78.03 Definitions. In this chapter: (1) XDeaf, deafblind, or severely hard of hearingY means a hearing loss significant enough to prevent the individual from accessing distance communication services without technological adaptations that facilitate effective communication in…

DHS 78.04 Application procedure. (1) APPLICATION FORM AND HEARING LOSS DOCUMENTATION. To apply for assistance from TAP, the applicant shall submit to the department a completed application form and any of the following: (a) A signed certification of hearing loss form. (b) An audi…

DHS 78.05 Eligibility requirements. An applicant shall meet the following requirements to be eligible for TAP assistance: the chapter was last published. DHS 78.05 WISCONSIN ADMINISTRATIVE CODE (1) CERTIFICATION OF HEARING LOSS. The applicant shall be certified as deaf, deafblind…

DHS 78.06 TAP assistance restrictions. The following restrictions apply to the provision of TAP assistance: (1) Eligible applicants shall be granted TAP assistance on a first-come, first-served basis subject to availability of funds. (3) A recipient of TAP assistance may not reap…

DHS 78.07 Purchase and care of telecommunication devices. (1) PURCHASE OF DEVICES. If the department approves the issuance of a TAP voucher to an eligible applicant, the voucher may only be used for department-approved telecommunication devices. (2) WARRANTY AND MAINTENANCE OF DE…

DHS 82.01 Introduction. (1) AUTHORITY AND PURPOSE. This chapter is promulgated under the authority of s. 50.02 (2) (am) 1., Stats., to establish certification standards for the operation of adult family homes in order to protect and promote the health, safety and welfare of perso…

DHS 82.02 Definitions. In this chapter: (1) XActivities of daily livingY means: (a) Activities relating to the performance of self care and engaging in leisure or recreational activities. XSelf careY includes dressing, eating, bathing, grooming, toileting, mobility, object manipu…

DHS 82.03 Certification. (1) CERTIFICATION REQUIRENo person may operate an adult family home unless a certifying agency certifies that the home is in compliance with all requirements of s. 50.032, Stats., and this chapter. (2) APPLICATION FOR CERTIFICATION. (a) Application for ce…

DHS 82.04 Sponsor qualifications. (1) AGE AND The sponsor and every substitute provider shall be at least 18 years of age and shall be physically, emotionally and mentally capable of providing responsible adult family home care. (2) PERSONAL QUALIFICATIONS. The sponsor and any su…

DHS 82.05 Home. (1) LOCATION AND ACCESS TO THE Adult family homes shall be physically located so that residents can easily get to community activities and supportive services by walking or by means of convenient private or public transportation, or the sponsor shall ensure that r…

DHS 82.06 Placement. (1) NEW RESIDENT. When an adult resident leaves an adult family home on a permanent basis, he or she may be replaced by another adult who is developmentally disabled. (2) INFORMATION ABOUT THE ADULT FAMILY HOME. (a) The certifying agency shall provide a prosp…

DHS 82.07 Resident care. (1) GENERAL REQUIREMENTS. (a) The sponsor shall provide a safe, emotionally stable, homelike and humane environment which encourages a resident[s autonomy, addresses a resident[s need for physical and emotional privacy and takes a resident[s preferences a…

DHS 82.08 Termination of placement. A sponsor may terminate a resident[s placement only after giving the resident, the resident[s guardian, if any, and the resident[s service coordinator 30 days written notice, except that 30 days notice is not required for an emergency terminati…

DHS 82.09 Records and information requests. (1) RESIDENT RECORDS. The sponsor shall maintain a record for each resident. Resident records shall be maintained in a secure location within the home. A resident or the resident[s guardian shall be given access to the resident[s record…

DHS 82.10 Resident rights. (1) No sponsor or any other household member may subject a resident to mental, physical or sexual abuse or to neglect or otherwise mistreat a resident. Mental abuse includes but is not limited to persistent or excessive negative comments, deliberate ind…

DHS 83.01 Authority and purpose. (1) This chapter is promulgated under the authority of s. 50.02 (2), Stats., to develop and establish regulations and standards for the care, treatment or services, and health, safety, rights, welfare, and comfort of residents in CBRFs. (2) The ch…

DHS 83.02 Definitions. In this chapter: (1) XAbuseY has the meaning given in s. 46.90 (1), Stats. (2) XAccessibleY means barriers are not present that prevent a person from entering, leaving or functioning within a CBRF without physical help. (3) XActivities of daily livingY mean…

DHS 83.03 Variance and waiver. (1) In this section: (a) XVarianceY means the granting of an alternate means of meeting a requirement in this chapter. (b) XWaiverY means the granting of an exemption from a requirement of this chapter. (2) EXCEPTION TO A REQUIREMENT. (a) The depart…

DHS 83.04 Licensing categories. The department shall license each CBRF as follows: (1) SIZE. (a) A CBRF for 5 to 8 residents is a small CBRF. (b) A CBRF for 9 to 20 residents is a medium CBRF. the chapter was last published. DHS 83.04 WISCONSIN ADMINISTRATIVE CODE (c) A CBRF for …

DHS 83.05 Application requirements. (1) No person may conduct, maintain, operate or permit to be maintained or operated a CBRF unless the CBRF is licensed by the department. A person who assumes ownership interest in a CBRF, regardless of whether the transfer includes title to th…

DHS 83.06 Program statement. (1) CONTENT. The program statement shall accurately include all of the following: 4 (a) The name of the licensee, the administrator and the staff position in charge when the licensee or administrator is away from the CBRF. (b) Employee availability, i…

DHS 83.07 Fit and qualified. (1) ELIGIBILITY. An applicant may not be licensed unless the department determines the applicant is fit and qualified to operate a CBRF. (2) STANDARDS. In determining whether a person is fit and qualified, the department shall consider all of the foll…

DHS 83.08 Department action. (1) INITIAL LICENSE. (a) Within 70 days after receipt of a complete application, the department shall either approve or deny the license. The initial li- the chapter was last published. 5 DEPARTMENT OF HEALTH SERVICES cense issued by the department to…

DHS 83.09 Biennial report and fees. Every 24 months, on a date determined by the department, the licensee shall submit a biennial report on the form provided by department, and shall submit payment of the license continuation fees.

DHS 83.10 Change of ownership. (1) DUTIES OF THE (a) The transferor shall notify the department within 30 days before the final change of ownership of a CBRF and shall include the name and contact information of the transferee. (b) The transferor remains responsible for the opera…

DHS 83.11 Facility closing. (1) Any CBRF that intends to close shall notify the department in writing at least 30 days before closing and comply with the requirements under s. 50.03 (5m), Stats., and s. DHS 83.31. (2) If a CBRF is closing, intends to close, or changes its type or…

DHS 83.12 Investigation, notification, and reporting requirements. (1) DEATH REPORTING. (a) Resident death related to physical restraint, psychotropic medication or suicide. No later than 24 hours after the death of a resident, the CBRF shall report the death to the department if…

DHS 83.13 General records, retention and posting. (1) GENERAL RECORDS. The CBRF shall maintain documentation of all of the following: (a) Investigations and reports of all allegations of abuse or neglect of a resident, or misappropriation property as required under s. DHS 83.12 (…

DHS 83.14 Licensee. (1) QUALIFICATIONS. (a) A licensee shall be at least 21 years of age and be fit and qualified under s. 50.03 (4), Stats., and s. DHS 83.07. (b) A licensee shall meet the caregiver background requirements under s. 50.065, Stats., and ch. DHS 12. (2) RESPONSIBIL…

DHS 83.15 Administrator. (1) QUALIFICATIONS. The administrator of a CBRF shall be at least 21 years of age and exhibit the capacity to respond to the needs of the residents and manage the complexity of the CBRF. The administrator shall have any one of the following qualifications…

DHS 83.16 Employee. (1) Each employee shall have the skills, education, experience and ability to fulfill the employee[s job requirements. (2) Resident care staff shall be at least 18 years old. DHS 83.17 Hiring and employment. (1) CAREGIVER At the time of hire, employment or con…

DHS 83.18 Employee records. (1) A separate record for each employee shall be maintained, kept current, and at a minimum, include: (a) A written job description including duties, responsibilities and qualifications required for the employee. (b) Beginning date of employment. (c) E…

DHS 83.19 Orientation. Before an employee performs any job duties, the CBRF shall provide each employee with orientation training which shall include all of the following: (1) Job responsibilities. the chapter was last published. DHS 83.19 WISCONSIN ADMINISTRATIVE CODE (2) Preven…

DHS 83.21 All employee training. The CBRF shall provide, obtain or otherwise ensure adequate training for all employees in all of the following: (1) RESIDENT RIGHTS. Training shall include general rights of residents including rights as specified under s. DHS 83.32 (3). Training …

DHS 83.22 Task specific training. The CBRF shall provide, obtain or otherwise ensure adequate training for employees performing job duties in all of the following: (1) ASSESSMENT OF RESIDENTS. All employees responsible for resident assessment shall successfully complete training …

DHS 83.23 Employee supervision. Until an employee has completed all required training, the employee shall be directly supervised by the administrator or by qualified resident care staff.

DHS 83.24 Exemptions. (1) EXEMPTIONS FOR COMPLETED TRAINING. Employees who have completed departmentapproved training in standard precautions, fire safety, first aid and choking, and medication administration and management prior to or on April 1, 2009, or who receive such traini…

DHS 83.25 Continuing education. The administrator and resident care staff shall receive at least 15 hours per calendar year of continuing education beginning with the first full calendar year of employment. Continuing education shall be relevant to the job responsibilities and sh…

DHS 83.26 Documentation. (1) The CBRF shall maintain documentation of all employee training under s. DHS 83.21 and task specific training under s. DHS 83.22 and shall include the name of the employee, the name of the instructor, the dates of training, a description of the course …

DHS 83.27 Limitations on admissions and retentions. (1) LICENSE CAPACITY. (a) No CBRF may have more residents, including respite care residents, than the maximum bed capacity on its license. (b) The CBRF may not have more than 4 residents, or 10% of the licensed capacity, whichev…

DHS 83.28 Admission procedures. (1) ASSESSMENT. The CBRF shall assess each resident before admission as required under s. DHS 83.35 (1). (2) SERVICES AND CHARGES. Before or at the time of admission, the CBRF shall provide written information regarding services available and charg…

DHS 83.29 Admission agreement. (1) SERVICES AND CHARGES. (a) Definition. In this section, Xentrance feeY means a payment required for admission to the CBRF that is in addition to the fees for services and security deposit. (b) Written information regarding services and charges. B…

DHS 83.30 Family care information and referral. If the secretary of the department has certified that a resource center, as defined under s. DHS 10.13 (42), is available for the facility under s. DHS 10.71, the CBRF shall provide information to prospective residents and refer res…

DHS 83.31 Discharge or transfer. (1) APPLICABILITY. This section applies to all resident discharges except for persons in respite care. (2) EMERGENCY OR TEMPORARY TRANSFERS. If a condition or action of a resident requires the emergency transfer of the resident to a hospital, nurs…