Wisconsin Administrative Code

DHS 83.32 Rights of residents. (1) LEGAL RIGHTS. (a) Section 50.09, Stats., establishes specific rights for CBRF residents and prescribes mechanisms to resolve resident complaints and to hold the CBRF licensee accountable for violating 12 resident rights. Other statutes, such as …

DHS 83.33 Grievance procedure. (1) A CBRF shall have a written grievance procedure and shall provide a copy to each resident and the resident[s legal representative before or at the time of admission. The grievance procedure shall specify all of the following: (a) A resident or a…

DHS 83.34 Resident funds. (1) AUTHORIZATION. Except for a resident in the custody of a government correctional agency, the CBRF may not obtain, hold, or spend a resident[s funds without written authorization from the resident or the resident[s legal representative. The resident o…

DHS 83.35 Assessment, individual service plan and evaluations. (1) ASSESSMENT. (a) Scope. The CBRF shall assess each resident[s needs, abilities, and physical and mental condition before admitting the person to the CBRF, when there is a change in needs, abilities or condition, an…

DHS 83.36 Staffing requirements. (1) ADEQUATE (a) The CBRF shall provide employees in sufficient numbers on a 24-hour basis to meet the needs of the residents. (b) The CBRF shall ensure all of the following: 1. An administrator or other designated qualified resident care staff in…

DHS 83.37 Medications. (1) GENERAL REQUIREMENTS. (a) Practitioner[s order. There shall be a written practitioner[s order in the resident[s record for any prescription medication, over-the-counter medication or dietary supplements administered to a resident. (b) Medications. Presc…

DHS 83.38 Program services. (1) SERVICES. As appropriate, the CBRF shall teach residents the necessary skills to achieve and maintain the resident[s highest level of functioning. In addition to the assessed needs as determined under s. DHS 83.35 (1), the CBRF shall provide or arr…

DHS 83.39 Infection control program. (1) The licensee shall establish and follow an infection control program based on current standards of practice to prevent the development and transmission of communicable disease and infection. (2) The infection control program shall include …

DHS 83.40 Oxygen storage. Oxygen storage shall be in an area that is well ventilated and safe from environmental hazards, tampering, or the chance of accidental damage to the valve stem. If oxygen cylinders are in use, oxygen cylinders shall be secured in an upright position. If …

DHS 83.41 Food service. (1) GENERAL REQUIRE(a) Food supply. 1. The CBRF shall maintain a food supply that is adequate to meet the needs of the residents. 2. Food shall be obtained from acceptable sources. (b) Equipment. The CBRF shall store equipment and utensils in a clean manne…

DHS 83.42 Resident records. (1) The CBRF shall maintain a record for each resident at the CBRF. Each record shall include all of the following: (a) Resident[s full name, sex, date of birth, admission date and last known address. (b) Name, address and telephone number of designate…

DHS 83.43 Furnishings and equipment. (1) ENVIRONMENT. The CBRF shall provide a living environment that is safe, clean, comfortable, and homelike. All common dining and living areas shall contain furnishings appropriate to the intended use of the room. (2) BEDROOM FURNISHINGS. If …

DHS 83.44 Housekeeping services. (1) LAUNDRY. (a) Laundry area. The CBRF shall make an adequate number of laundry appliances available to residents who choose to do their own laundry. The CBRF shall have a laundry area to sort, process and store clean and soiled laundry and shall…

DHS 83.45 Building maintenance and site. (1) MAINTENANCE. (a) Exterior areas. The CBRF shall maintain the yard, any fences, sidewalks, driveways and parking areas of the CBRF in good repair and free of hazards. (b) Building integrity. The CBRF shall be structurally sound without …

DHS 83.46 Building support systems. (1) HEATING. (a) A CBRF shall maintain comfortable and safe temperatures. The CBRF shall provide tempered air at all times to eliminate cold air drafts. The heating system shall be capable of maintaining temperatures of 74º F. in areas occupied…

DHS 83.49 Alternative requirements to a sprinkler system in a small class C CBRF. (1) 5-YEAR DELAY. Existing small class CA, small class CS and small class CNA CBRFs using the exemption under sub. (2) shall have a complete sprinkler system as required under s. DHS 83.48 (8) withi…

DHS 83.50 Minimum type of construction. (1) APThe number of habitable floors in a CBRF shall determine the type of construction for each class of licensure and when an automatic sprinkler PLICATION OF HABITABLE FLOOR DEFINITION. the chapter was last published. 23 DEPARTMENT OF HE…

DHS 83.51 Area of refuge. (1) A room to be used as an area of refuge may not be a bedroom or a room for the private use of any resident, other occupant, employee, or licensee. (2) The area of refuge shall be constructed of fire resistive construction rated for at least one-hour r…

DHS 83.52 Common dining and living space. (1) SPACE PER RESIDENT. (a) The minimum common dining and living space shall be 60 square feet per ambulatory or semi-ambulatory resident or other occupant, and 90 square feet per non-ambulatory resident or other occupant. the chapter was…

DHS 83.53 Storage areas. The CBRF shall have adequate storage space for resident care supplies and equipment.

DHS 83.54 Resident bedrooms. (1) DESIGN. (a) Bedrooms shall be designed and equipped to allow residents to achieve the highest level of independent functioning and shall be fully accessible to the resident. (b) Floor to ceiling walls with rigid construction swing-type doors that …

DHS 83.55 Bath and toilet areas. (1) NUMBER. (a) The CBRF shall provide at least one toilet, one sink and one bath or shower for every 10 residents and other occupants or fraction thereof. (b) Grab bars shall be provided at toilet and bath fixtures as necessary to meet the needs …

DHS 83.56 Day care. If there is a day care program in the same building as a CBRF, the facilities shall be separated. Entrance and exit doors for each facility shall be separate. Socialization between facilities shall not interfere with privacy or infringe upon the use of habitab…

DHS 83.57 Multiple occupancies. (1) PHYSICAL SEPARATION. (a) A CBRF located in the same building as a nursing home or hospital shall be a distinct living area and shall be separated between the 2 occupancies by a minimum of a 2 hour fire the chapter was last published. 25 DEPARTM…

DHS 83.58 Garages and utility buildings. (1) ATTACHED GARAGE. (a) Common walls between a CBRF and an attached garage shall be protected with at least one layer of 5/8-inch type X gypsum board with taped joints on the garage side and with at least one layer of „-inch gypsum board …

DHS 83.59 Exits and passageways. In this section, XexitY means standard exit doors opening to passageways or grade, exit passageways, fire escapes, and stairways as specified in ch. SPS 361. (1) EXITS. All habitable floors shall have at least 2 exits providing unobstructed travel…

DHS 83.60 Windows. (1) MINIMUM SIZE. Every habitable room shall have at least one outside window with a total window area of at least 8% of the floor area in the room. The window shall be openable from the inside without the use of tools or keys. The openable area of the window s…

DHS 83.61 Interior surfaces. (1) WALLS AND CEILINGS. Interior walls and ceilings in spaces subjected to moisture shall have water-resistant hard surfaces and no substantial surface irregularities or cracking. (2) CARPET. (a) Except in a sprinklered CBRF, all newly installed carpe…

DHS 83.62 Codes. (1) The following codes and standards are adopted as part of these rules and incorporated by reference: (a) Wisconsin Commercial Building Code, chs. SPS 361 to 366, current edition. (b) NFPA 72, National Fire Alarm Code, 2002 edition. (c) NFPA 13, Standard for th…

DHS 83.63 Plan review. (1) DEPARTMENT OF SAFETY AND PROFESSIONAL SERVICERS PLAN REVIEW. Plan review by the department of safety and professional services is required for new construction or remodeling of CBRFs of 9 or more residents except for those CBRFs attached to hospitals or…

DHS 83.64 Building standards. (1) Building systems shall be installed according to all referenced standards. Systems include heating, ventilation and air conditioning, plumbing, electrical, and fire protection. (2) Interconnected detection systems in small facilities shall at min…

DHS 85.01 Purpose and authority. This chapter is promulgated under the authority of ss. 54.15 (7) and 227.11 (2) (a), Stats., to establish the criteria by which the department determines whether a private nonprofit corporation organized under ch. 181, 187, or 188, Stats., or an u…

DHS 85.02 Applicability. This rule applies to private non-profit corporations or unincorporated associations applying to the department for consideration of suitability to perform the duties of guardian of a person or of an estate, or both, of a proposed ward.

DHS 85.03 Definitions. As used in this chapter: (1) XApplicantY means a private nonprofit corporation or an unincorporated association that applies to the department for a finding of suitability to perform the duties of a corporate guardian. (2) XCorporate guardianY or XguardianY…

DHS 85.04 Waivers and variances. (1) DEFINITIONS. 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 requirement of this chapter. (2) REQUIREMENTS FOR WAI…

DHS 85.05 Application. In this chapter: Only a private nonprofit corporation or an unincorporated association may apply to the department for a determination that the corporation or association is suitable to perform the duties of a guardian. A corporation or association applying…

DHS 85.06 Criteria for approval. The department may not approve an applicant until the department determines the applicant is fit and qualified to receive a determination of suitability to perform the duties of a corporate guardian. In determining whether an applicant is fit and …

DHS 85.07 Change of ownership. (1) If a corporate guardian sells or otherwise transfers ownership of the corporation or the association, the guardian shall notify each of its wards, the department, the court which ordered the guardianship, the county department designated under s…

DHS 85.08 Corporate guardian closing. (1) If a guardian is a corporation and the corporation[s corporate status is revoked by the department of financial institutions or is voluntarily or involuntarily dissolved, or if the guardian is an unincorporated association and the associa…

DHS 85.09 Staff. (1) GUARDIANSHIP PROGRAM MAN(a) The guardian shall designate an employee who is 21 years or older and is fit and qualified under s. DHS 85.06, to manage its guardianship program. (b) The guardianship program manager shall have a high school diploma or its equival…

DHS 85.10 Training. (1) INITIAL TRAINING. Before performing the duties of a guardian, each guardian representative shall receive training that includes all of the following: (a) Job responsibilities. (b) Prevention and reporting of ward abuse, neglect and misappropriation of ward…

DHS 85.11 Staffing. (1) The guardian shall at all times have an adequate number of staff who are qualified either by training or by experience to meet the needs of its wards, including knowledge of service needs and resources for meeting service needs. (2) The guardian representa…

DHS 85.12 Conflict of interest. (1) The corporate guardian may not be subject to undue influence from any party. (2) When the corporate guardian is a part of a larger organization, the corporate guardian shall have designated staff with independent decision-making authority about…

DHS 85.13 Rights of wards. (1) WARDS[ RIGHTS. Every ward shall have the right to all of the following in relation to the corporate guardian: (a) Be treated with respect and dignity by the staff and volunteers of the corporate guardian. (b) Be free from abuse, mistreatment, neglec…

DHS 85.14 Duties. (1) The guardian representative shall meet with the ward within 14 days of the court appointment as corporate guardian. At the first meeting, the guardian representative shall complete all of the following: (a) Explain to the ward the role of the guardian. (b) E…

DHS 85.15 Records. (1) The corporate guardian shall maintain a separate file for each ward including all of the following information and documents as applicable: (a) Name, date of birth, address, telephone number, and social security number. Guardians of person shall also mainta…

DHS 85.16 Actions affecting approval. (1) If at any time the department determines that a corporate guardian no longer meets the criteria under this chapter, the department may the chapter was last published. 5 DEPARTMENT OF HEALTH SERVICES withdraw its approval upon 30 day writt…

DHS 85.17 Appeal of decisions. Any party adversely affected by a decision of the department about the suitability of a private non-profit corporation or an unincorporated association for corporate guardianship may appeal that decision to the department of administration[s divisio…

DHS 86.01 Authority and purpose. This chapter is promulgated under the authority of s. 51.437 (4rm) (c) 3., Stats., to establish a process for county agencies to appeal independent professional review determinations which designate residents of the state centers for the developme…

DHS 86.02 Applicability. This chapter applies to the department and to county agencies. History: Cr. Register, April, 1996, No. 484, eff. 5-1-96.