Wisconsin Administrative Code

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…

DHS 89.45 Appeals. (1) If the registration of a facility is revoked under s. DHS 89.44 (3) or, under s. DHS 89.62 (3), the application for registration is denied, the facility may request a hearing on that decision under s. 227.42, Stats. (2) A request for a hearing shall be in w…

DHS 89.51 Applicability. The provisions of this subchapter apply to a facility which is applying to the department for certification as a residential care apartment complex for purposes of medical assistance reimbursement or is certified by the department as a residential care ap…

DHS 89.52 Standards for operation. A certified residential care apartment complex shall comply with the following standards for operation: (1) The certified residential care apartment complex shall have a contract with the county agency which administers the medical assistance wa…

DHS 89.53 Certification procedures. (1) APPLICATION. A facility shall apply to the department to initiate the certification process. The application shall be in writing and shall include the following: (a) A completed application form provided by the department. (b) Approvals, pe…

DHS 89.54 Reporting of changes. A certified residential care apartment complex operator shall report to the department any change which may affect its compliance with this chapter, including change in the residential care apartment complex ownership, administration, building or c…

DHS 89.55 Monitoring. (1) The department shall conduct periodic inspections of residential care apartment complexes during the period of certification and may, without notice to the owner or operator, visit a residential care apartment complex at any time to determine if the faci…

DHS 89.56 Intermediate sanctions and penalties. (1) NOTICE OF VIOLATION. The department shall issue a written notice of violation when it finds that a certified residential care apartment complex is in violation of this chapter. The notice DHS 89.57 shall explain the grounds for …

DHS 89.57 Revocation. (1) REVOCATION. The department may revoke a residential care apartment complex[s certification whenever the department finds that the residential care apartment complex has failed to maintain compliance with one or more of the requirements set forth in this …

DHS 89.58 Coercion and retaliation prohibited. No person may engage in any form of coercion to prevent a tenant, employee or service provider from filing a complaint about a residential care apartment complex or any form of retaliation against a tenant, employee or service provid…

DHS 89.59 Appeals. (1) Any facility for which an application for certification is denied or not renewed, for which certification is revoked or summarily suspended or which is subject to an order for sanctions or penalties may request a hearing on that decision under s. 227.42, St…

DHS 89.61 Submission of additional information. An applicant for registration or certification seeking to convert a 12 separate area of a nursing home or community-based residential facility to a residential care apartment complex shall submit all of the following information wit…

DHS 89.62 Application review and approval. (1) The department shall review the additional information submitted under s. DHS 89.61 with the application and may conduct site visits to determine whether the facility meets the requirements for distinct part facilities under s. DHS 8…

DHS 90.01 Authority and purpose. This chapter is promulgated under the authority of s. 51.44 (5) (a), Stats., to implement a statewide program of services for children in the age group birth to 3 who are significantly delayed developmentally insofar as their cognitive development…