Wisconsin Administrative Code

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.

DHS 86.03 Definitions. In this chapter: (1) XCounty agencyY means one of the following: (a) A county department of developmental disabilities services established under s. 51.437, Stats. (b) A county department of community programs established under s. 51.42, Stats., if under s.…

DHS 86.04 Appeal. (1) The department shall provide written notification to a county agency of an independent professional review determination that a person from the county who is a resident of a center is a person appropriate for community care. (2) Within 60 days following the …

DHS 86.05 Billing. Unless, following an appeal under s. DHS 86.04 (2), the secretary under s. DHS 86.04 (3) decides in favor of a county agency, the department shall bill the county agency for 10% of the rate paid by medical assistance for a person appropriate for community care,…

DHS 88.02 Definitions. In this chapter: (1) XAbuseY means conduct which is not accidental and which causes or could reasonably be expected to cause harm to a resident, and which may be physical abuse, mental abuse or material abuse. (2) XAccessibleY means the absence of barriers …

DHS 88.03 Licensing administration. (1) REQUIREMENT. No person may operate an adult family home unless a licensing agency determines that the home is in compliance with all requirements of s. 50.033, Stats., and this chapter, and issues a license to that person. (2) APPLICATION. …

DHS 88.04 Licensee and service provider. (1) QUALIFICATIONS. (a) A licensee shall be at least 21 years of age and shall be physically, emotionally and mentally capable of providing care for residents of the adult family home. (b) A service provider shall be at least 18 years of a…

DHS 88.05 Home. (1) LOCATION AND ACCESS TO THE COMMUNITY. An adult family home shall be 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 licensee shall ensure tha…

DHS 88.06 Placement. (1) PREADMISSION. (a) A licensee shall provide the following information, in writing, to a prospective resident and that person[s guardian, if any: 1. Information regarding filing a complaint when the home or a service provider does not comply with this chapt…

DHS 88.07 Resident care. (1) GENERAL REQUIREMENTS. (a) The licensee shall provide a safe, emotionally stable, homelike and humane environment for residents. (b) The licensee shall encourage a resident[s autonomy, respect a resident[s need for physical and emotional privacy and ta…

DHS 88.08 Termination of placement. A licensee may terminate a resident[s placement only after giving the resident, the resident[s guardian, if any, the resident[s service coordinator, the placing agency, if any, and the designated representative, if any, 30 days written notice. …

DHS 88.09 Records. (1) RESIDENT RECORDS. (a) The licensee shall maintain a record for each resident. Resident records shall be maintained in a secure location within the home to prevent unauthorized access. (b) The records of residents shall be confidential. Access to records of …

DHS 88.10 Resident rights. (1) LEGAL RIGHTS. A licensee shall comply with all applicable statutes and rules relating to resident rights, including s. 51.61, Stats., chs. 54, 55, and 304, Stats., and chs. DHS 92 and 94. Note: These laws may clarify or condition a particular reside…

DHS 88.11 Reporting of abuse and neglect. (1) A licensee or service provider who knows or has reasonable cause to suspect that a resident has been abused or neglected as defined in s. 46.90 or 940.285, Stats., shall immediately contact the licensing agency. Providing notice under…

DHS 89.11 Authority and purpose. This chapter is promulgated under the authority of s. 50.034, Stats., to establish standards and procedures for the certification or registration of residential care apartment complexes in order to promote the health and safety of persons residing…

DHS 89.12 Applicability. (1) This chapter applies to the department and to all residential care apartment complexes operating in Wisconsin. (2) This chapter does not apply to nursing homes, community-based residential facilities or hospitals or to congregate housing or housing fo…

DHS 89.13 Definitions. In this chapter: (1) XResidential care apartment complexY or XfacilityY means a place where 5 or more adults reside that consists of independent apartments, each of which has an individual lockable entrance DHS 89.35 DHS 89.36 Grievances. Coercion and retal…

DHS 89.14 Registration or certification requirement. All residential care apartment complexes shall be either registered or certified by the department under this chapter. History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-…

DHS 89.15 Limitation on use of name Xresidential care apartment complexY. As provided in s. 50.034 (5), Stats., an entity that does not meet the definition of residential care apartment complex under s. 50.01 (6d), Stats., may not designate itself as a residential care apartment …

DHS 89.21 Applicability. The provisions of this subchapter apply to all residential care apartment complexes. History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98.

DHS 89.22 Building requirements. (1) COMPLIANCE WITH APPLICABLE CODES. A residential care apartment complex shall comply with all applicable statutes, rules and regulations. Note: The Wisconsin department of safety and professional services considers residential care apartment co…

DHS 89.23 Services. (1) GENERAL REQUIREMENT. A residential care apartment complex shall provide or contract for services that are sufficient and qualified to meet the care needs identified in the tenant service agreements, to meet unscheduled care needs of its tenants and to make…

DHS 89.25 Schedule of fees for services. (1) Residential care apartment complexes shall have a written schedule of fees for services which includes all of the following: (a) Separately identified charges for rent, meals and services. The schedule of fees for services shall clearl…

DHS 89.26 Comprehensive assessment. (1) REA comprehensive assessment shall be performed prior to admission for each person seeking admission as a basis for developing the service agreement under s. DHS 89.27 and the risk agreement under s. DHS 89.28. (2) CONTENTS. The comprehensi…

DHS 89.27 Service agreement. (1) REQUIREMENT. A residential care apartment complex shall enter into a mutually agreed-upon written service agreement with each of its tenants consistent with the comprehensive assessment under s. DHS 89.26. (2) CONTENTS. A service agreement shall i…

DHS 89.28 Risk agreement. (1) REQUIREMENT. As a protection for both the individual tenant and the residential care apartment complex, a residential care apartment complex shall enter into a signed, jointly negotiated risk agreement with each tenant by the date of occupancy. (2) C…

DHS 89.29 Admission and retention of tenants. (1) ADMISSION. No residential care apartment complex may admit any of the following persons, unless the person being admitted shares an apartment with a competent spouse or other person who has legal responsibility for the individual:…

DHS 89.295 Variance for demonstration projects in family care pilots. (1) In this section, XvarianceY means permission to meet a requirement of this subchapter by an alternative means. (2) The purpose of a variance granted under this section is to demonstrate efficient ways of de…

DHS 89.31 Applicability. The provisions of this subchapter apply to all registered and certified residential care apartment complexes. History: Cr. Register, February, 1997, No. 494, eff. 3-1-97; am. Register, November, 1998, No. 515, eff. 12-1-98.

DHS 89.32 Facility policies and procedures. A residential care apartment complex shall establish written policies regarding tenant rights. Facility policies shall be consistent with and include all of the rights contained in this subchapter. History: Cr. Register, February, 1997,…

DHS 89.33 Explanation of tenant rights. A residential care apartment complex shall explain and provide copies of the tenant rights under this subchapter and of any related facility policies and procedures to the tenant and to his or her designated representative before the servic…

DHS 89.34 Rights of tenants. A tenant of a residential care apartment complex shall have all the rights listed in this section. These rights in no way limit or restrict any other rights of the individual under the U.S. Constitution, civil rights legislation or any other applicabl…

DHS 89.35 Grievances. (1) A residential care apartment complex shall have a written grievance procedure and shall provide a copy to each tenant and tenant[s designated representative, where applicable. Tenants of a residential care apartment complex may file complaints with the d…

DHS 89.36 Coercion and retaliation prohibited. Any form of coercion to discourage or prevent a tenant or the tenant[s guardian or designated representative from exercising any of the rights under this subchapter or from filing a grievance or complaint is prohibited. Any form of r…

DHS 89.41 Applicability. The provisions of this subchapter apply to a facility which is applying to the department for registration as a residential care apartment complex or which is registered by the department as a residential care apartment complex. History: Cr. Register, Feb…

DHS 89.42 Information requirements, application procedure and form. An applicant shall submit a completed application form to the department to initiate the registration process. The application shall be on a form supplied by the department that is signed and dated by the applica…

DHS 89.43 Issuance. (1) The department shall issue a statement of registration upon receipt of a completed application and assurances. (2) Registration shall be issued only for the residential care apartment complex location, owner and operator identified in the application form …

DHS 89.44 Termination and revocation. (1) A residential care apartment complex[s registration terminates whenever any of the following occurs: (a) There is a change in ownership. (b) The facility discontinues operation. (2) A residential care apartment complex shall immediately r…