Wisconsin Administrative Code

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…

DHS 90.02 Applicability. This chapter applies to the department, to county agencies administering the early intervention services program, to other county agencies providing services under that program, and to all providers of early intervention services who are under contract to…

DHS 90.03 Definitions. In this chapter: (1) “Assessment” means the initial and ongoing procedures used by qualified personnel and family members, following determination of eligibility, to determine an eligible child’s unique strengths and needs and the nature and extent of early…

DHS 90.04 Eligibility. A child shall be eligible for early intervention services under this chapter if the child is either: (1) Determined by the EI team under s. DHS 90.08 to be developmentally delayed; or (2) Determined by the EI team under s. DHS 90.08 to have a physician-diag…

DHS 90.05 Department responsibilities. (1) GENERAL. The department is responsible for developing and support- (27) “Parent facilitator” means the parent of a child with a disability, who is hired by the county administrative agency or a service provider on the basis of demonstrat…

DHS 90.06 County administrative agency designation and responsibilities. (1) DEFINITIONS. In this section: (a) “Annual income after disability deductions” means the annual parental income less a deduction of $3,300 for each member of the family participating in the birth to 3 pro…

DHS 90.08 Evaluation. (1) DESIGNATION OF SERVICE COORDINATOR. When a child is referred to the birth to 3 program for evaluation and possible early intervention services, the county administrative agency shall as soon as possible designate a service coordinator for that child and …

DHS 90.09 Assessment. (1) ASSESSMENT OF CHILD. (a) Initial assessment. 1. Once a child is determined under s. DHS 90.08 to be eligible for early intervention services, the EI team shall, as needed, carry out additional observations, procedures and testing to assess and determine …

DHS 90.10 Development of service plan. (1) TIME LIMIT. Except as provided in sub. (2) (a), within 45 days after receiving a referral for initial evaluation of a child, the county administrative agency shall complete the evaluation under s. DHS 90.08 and the assessment under s. DH…

DHS 90.11 Service provision. (1) COORDINATION. (a) Role of the service coordinator. The service coordinator shall coordinate the delivery of all services across agency lines and serve as the single point of contact in helping a family obtain the services the child and family need…

DHS 90.12 Procedural safeguards for parents. (1) PRIOR NOTICE. (a) A reasonable time before a county administrative agency or service provider proposes or refuses to initiate or change any of the following, the county administrative agency or service provider shall provide writte…

DHS 90.13 Surrogate parent. (1) APPOINTMENT. (a) The county administrative agency shall, in accordance with this section, appoint in writing a person to serve as a surrogate parent to represent the interests of an eligible child or of a child who is suspected of being eligible fo…

DHS 92.01 Introduction. (1) SCOPE. This chapter applies to all records of persons who are receiving treatment or who at any time received treatment for mental illness, developmental disabilities, or substance use from the department, a board established under s. 46.23, 51.42 or 5…

DHS 92.02 Definitions. In this chapter: (1) “Board” means the community board established under s. 46.23, 51.42 or 51.437, Stats. (a) “51-board” means a community board established under s. 51.42 or 51.437, Stats. (b) “Human services board” means a combined board established unde…

DHS 92.03 General requirements. (1) TREATMENT RECORDS. (a) All treatment records or spoken information which in any way identifies a patient are considered confidential and privileged to the subject individual. (b) If notes or records maintained for personal use are to be made av…

DHS 92.04 Disclosure without informed consent. (1) AUDITS AND EVALUATION. (a) Treatment records may be disclosed for management audits, financial audits or program monitoring and evaluation but only as authorized under s. 51.30 (4) (b) 1., Stats., and this subsection. (b) A recor…

DHS 92.05 Patient access to treatment records. (1) ACCESS DURING TREATMENT. (a) Every patient shall have access to his or her treatment records during treatment to the extent authorized under s. 51.30 (4) (d) 1., Stats., and this subsection. (b) The treatment facility director or…

DHS 92.06 Minors and incompetents. (1) Obtaining informed consent for release of information from the treatment DHS 92.12 records of minors, including developmentally disabled minors, and of incompetents and granting access by the parent or guardian and by the minor to treatment …

DHS 92.07 Privileged communications. Communications between a physician or psychologist and patient or between an attorney and a client shall be privileged. Note: Federal regulations regarding substance use treatment records do not recognize the statutory exceptions to the physic…

DHS 92.08 Criminal commitments. Treatment records of persons committed under chs. 971 and 975, Stats., are covered by s. 51.30, Stats., and this chapter. Treatment records of persons sentenced to correctional facilities under criminal statutes and not receiving services from a bo…

DHS 92.09 Grievance procedure. Any failure to comply with provisions of s. 51.30, Stats., or this chapter may be processed as a grievance under s. 51.61 (5), Stats., as provided in s. 51.30 (8), Stats. History: Cr. Register, May, 1984, No. 341, eff. 6-1-84.

DHS 92.10 Discipline of employees. Employees of the department, board, or public treatment facilities who violate requirements under s. 51.30, Stats., or this chapter may be disciplined in accordance with s. 51.30 (11), Stats. History: Cr. Register, May, 1984, No. 341, eff. 6-1-8…

DHS 92.11 Employee orientation. Directors and program directors shall ensure that persons whose regular duties include requesting, distributing, or granting access to treatment records are aware of their responsibility to maintain the confidentiality of information protected by t…

DHS 92.12 Retention periods. (1) Treatment records shall be retained for at least 7 years after treatment has been completed, unless under this section they are to be retained for a longer period of time. (2) In the case of a minor, records shall be retained until the the chapter…

DHS 92.13 Certification of compliance. Each board shall include a clause in every purchase of service contract which states that the service provider agrees to abide by the requirements of this chapter. History: Cr. Register, May, 1984, No. 341, eff. 6-1-84. History: Cr. Register…

DHS 94.01 Authority, purpose and applicability.

DHS 94.02 Definitions.

DHS 94.03 Informed consent.

DHS 94.04 Notification of rights. Subchapter II — Patient Rights

DHS 94.05 Limitation or denial of rights.

DHS 94.06 Assistance in the exercise of rights.

DHS 94.07 Least restrictive treatment and conditions.

DHS 94.08 Prompt and adequate treatment.

DHS 94.09 Medications and other treatment.

DHS 94.10 Isolation, seclusion and physical restraints.

DHS 94.11 Electroconvulsive therapy.

DHS 94.12 Drastic treatment procedures.

DHS 94.13 Research and human rights committee.