reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter XI - Licensed Existing Structures › Section DHS 83.62 - Codes

Current through June 24, 2024
(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
				  the Installation of Sprinkler Systems, 2002 edition.
(d) NFPA 13R, Standard for the Installation
				  of Sprinkler Systems in Residential Occupancies up to and Including Four
				  Stories in Height, 2002 edition.
(e) NFPA 13D, Standard for the Installation
				  of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes,
				  2002 edition.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter XI - Licensed Existing Structures › Section DHS 83.63 - Plan review

Current through June 24, 2024
(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 nursing
				  homes.
(2) DEPARTMENT PLAN REVIEW
				  AND APPROVAL.
(a)
New and
				  remodeled.
Plans for all new construction, additions, and remodeling
				  projects for CBRFs shall be approved by the department before beginning
				  construction, except under sub. (4) (b).
(b)
Existing buildings.
Existing buildings applying for CBRF licensure after April 1, 2009, shall
				  submit plans for department review for compliance with this
				  subsection.
(c)
Plan
				  submission.
At least 2 sets of working drawings and specifications
				  shall be submitted to the department. The drawings shall be scaled and to
				  dimension. The review process begins after the department receives all required
				  documents and fees.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Subchapter XI - Licensed Existing Structures › Section DHS 83.64 - Building standards

Current through June 24, 2024
(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 minimum meet the provisions of NFPA 72, Chapter 11. Initial
				  testing shall meet NFPA 72, Chapter 10.
(3) Facilities with a licensed capacity of 9
				  or more residents shall incorporate the interconnected detection system into a
				  building fire alarm system complete with manual pull stations, horns and
				  strobes, and a control panel with battery back-up which will activate a
				  building-wide alarm if any initiating device is automatically or manually
				  activated, including activation of the sprinkler system.
(4) CBRFs of the following size and class
				  shall be provided with automatic sprinkler systems in accordance with the chart
				  and with the requirements under s.
				  DHS 83.48(8)
				  (a).
Sprinkler System Chart for New
					 Construction
Facility Class and Size
Sprinkler System Requirement
CBRF Large 'A'-class (21 or more)
NFPA 13 R or NFPA 13
CBRF Medium 'A'-class (9-20)
NFPA 13 R or NFPA 13 or NFPA 13 D
CBRF Small 'A'-class (5-8)
Not Required
CBRF Large 'C'-class (21 or more)
NFPA 13
CBRF Medium 'C'-class (9-20)
NFPA 13 D or NFPA 13 or NFPA 13 R
CBRF Small 'C'-class (5-8)
NFPA 13 D or NFPA 13 R
(5) All CBRF with a license capacity of 9 or
				  more residents shall have smoke compartments formed by smoke barriers in
				  accordance with ch. SPS 361.
(6)
				  Small class AA facilities shall have at least 2 primary exits that are doors
				  from each floor that provide unobstructed travel to grade level.
(7) All entrance and exit doors and interior
				  doors serving all common living areas and all bathrooms and bedrooms in small
				  CBRFs shall have a clear-width opening of at least 32 inches.
(8) All interior and exterior ramps shall
				  have a slope of not more than one foot of rise in 12 feet of run.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 83 - Community-Based Residential Facilities › Appendix A

Current through June 24, 2024
Regional Offices of the division of disability and
				  elder services
.
Wisconsin Regional Offices
Bureau of Assisted Living
Division of Quality Assurance
See
								Image
Below are addresses and telephone numbers of the regional
				  offices and counties they serve.
Northeastern Regional Office
1325 South Broadway
DePere, WI 54115
Office: (920) 983-3200
Fax: (920) 983-3201
Counties Covered:
Adams, Brown, Calumet, Door, Fond du Lac, Green Lake,
				  Kewaunee, Manitowoc, Marinette, Marquette, Menominee, Oconto, Outagamie,
				  Ozaukee, Portage, Shawano, Sheboygan, Washington, Waushara, Waupaca, Winnebago,
				  Wood
_______________________________________________________________________________________________
Southeastern Regional Office
819 N. 6th St., Room 609B
Milwaukee, WI 53203-1606
Office: (414) 227-2005
Fax: (414) 227-3903
Counties Covered:
Kenosha, Milwaukee, Racine
_______________________________________________________________________________________________
Southern Regional Office
P.O. Box 7940
Madison, WI 53707-7940
Office: (608) 266-7474
Fax: (608) 266-8975
Counties Covered:
Columbia, Crawford, Dane, Dodge, Grant, Green, Iowa,
				  Jefferson, Lafayette, Richland, Rock, Sauk, Walworth, Waukesha
_______________________________________________________________________________________________
Western Regional Office
610 Gibson St., Suite 1
Eau Claire, WI 54701-3687
Office: (715) 836-4752
Fax: (715) 836-2535
Counties Covered:
Ashland, Barron, Bayfield, Buffalo, Burnett, Chippewa, Clark,
				  Douglas, Dunn, Eau Claire, Florence, Forest, Iron, Jackson, Juneau, Langlade,
				  La Crosse, Lincoln, Marathon, Monroe, Oneida, Pepin, Pierce, Polk, Price, Rusk,
				  Sawyer, St. Croix, Taylor, Trempealeau, Vernon, Vilas,
				  Washburn
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 85 - Non-Profit Corporations And Unincorporated Associations As Guardians › Subchapter I - General Provisions › Section DHS 85.01 - Purpose and authority

Current through June 24, 2024
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 unincorporated association
					 is suitable to perform the duties of a guardian of the person, or of the
					 estate, or both, of a proposed ward.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 85 - Non-Profit Corporations And Unincorporated Associations As Guardians › Subchapter I - General Provisions › Section DHS 85.02 - Applicability

Current through June 24, 2024
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.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 85 - Non-Profit Corporations And Unincorporated Associations As Guardians › Subchapter I - General Provisions › Section DHS 85.03 - Definitions

Current through June 24, 2024
As used in this chapter:
(1) "Applicant" 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) "Corporate guardian"
				  or "guardian" means a private nonprofit corporation or an unincorporated
				  association appointed by a court to serve as guardian of the person, or of the
				  estate, or both, of an individual who is found by a court to be in need of a
				  guardian.
(3) "Department" means
				  the Wisconsin department of health services.
(4) "Guardian of the estate" has the meaning
				  given under s.
				  54.01(11),
				  Stats.
(5) "Guardian of the person"
				  has the meaning given under s.
				  54.01(12),
				  Stats.
(6) "Guardianship program"
				  means a system that is established by a corporate guardian to manage the income
				  and assets and provide for the essential requirements for health and safety and
				  the personal needs of its wards under ch. 54, Stats.
(7) "Guardianship program manager" means an
				  employee designated by a corporate guardian, who is responsible for the
				  management and day-to-day operation of the guardianship program.
(8) "Guardian representative" means an
				  individual assigned by a guardian to perform the functions of the guardian of
				  the person under s.
				  54.25(1)
				  and (2), Stats., or of the estate under ss.
				  54.19
				  and
				  54.20,
				  Stats., or both, of a ward.
(9)
				  "Successor guardian" has the meaning given in s.
				  54.01(35),
				  Stats.
(10) "Unincorporated
				  association" is an organization organized under ch. 184, Stats.
(11) "Ward" has the meaning given under s.
				  54.01(37),
				  Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 85 - Non-Profit Corporations And Unincorporated Associations As Guardians › Subchapter I - General Provisions › Section DHS 85.04 - Waivers and variances

Current through June 24, 2024
(1) DEFINITIONS. In this section:
(a) "Variance" means the granting of an
				  alternate requirement in place of a requirement of this chapter.
(b) "Waiver" means the granting of an
				  exemption from a requirement of this chapter.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 85 - Non-Profit Corporations And Unincorporated Associations As Guardians › Subchapter II - Approvals › Section DHS 85.05 - Application

Current through June 24, 2024
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 for such a determination shall apply to
					 the department on an application form provided by the department. The applicant
					 shall submit the completed application and all of the following to the
					 department:
(1) The filed endorsement
				  of the Articles of Incorporation submitted to the Wisconsin department of
				  financial institutions, if applicable.
(2) A copy of the applicant's written
				  grievance procedure for use by wards and interested parties.
(3) A business plan that includes staffing
				  projections.
(4) A statement
				  agreeing in writing to submit such reports and answer such questions as the
				  department shall require in monitoring a corporate guardian.
(5) Any additional information requested by
				  the department.
Copies of the application form can be obtained at
						http://www.dhs.wisconsin.gov/rl_DSL/CorptGuardn/CGforms. [File Link Not
						Available]
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 85 - Non-Profit Corporations And Unincorporated Associations As Guardians › Subchapter II - Approvals › Section DHS 85.06 - Criteria for approval

Current through June 24, 2024
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 qualified, the department may
					 consider all of the following:
(1)
				  Compliance history with Wisconsin's or any other state's licensing requirements
				  and with any federal certification requirements, including any license
				  revocation or denial.
(2) Arrest
				  history and criminal record, including any of the following:
(a) Crimes or acts involving abuse, neglect
				  or mistreatment of a person or misappropriation of property of the
				  person.
(b) Crimes or acts related
				  to the manufacture, distribution, prescription, use, or dispensing of a
				  controlled substance.
(c) Fraud or
				  substantial or repeated violations of applicable laws and rules in the
				  operation of any health care facility or in the care of dependent persons.
(d) A conviction or pending
				  criminal charge which substantially relates to the care of adults or minors, to
				  the funds or property of adults or minors, or to the operation of a residential
				  or health care facility or agency.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 85 - Non-Profit Corporations And Unincorporated Associations As Guardians › Subchapter II - Approvals › Section DHS 85.07 - Change of ownership

Current through June 24, 2024
(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.
				  55.02(2),
				  Stats., and all agencies or persons serving the ward in writing at least 30
				  days before the final transfer of ownership. This notice shall include the name
				  and contact information of the new corporation.
(2) The corporate guardian shall remain
				  responsible for each ward until a successor guardian is appointed by the
				  court.
(3) The corporate guardian
				  shall transfer the original records of its wards to the successor guardian
				  appointed by the court.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 85 - Non-Profit Corporations And Unincorporated Associations As Guardians › Subchapter II - Approvals › Section DHS 85.08 - Corporate guardian closing

Current through June 24, 2024
(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
				  association's status is voluntarily or involuntarily dissolved by the members
				  or a court, or becomes inactive, the guardian shall notify each of its wards,
				  the department, the court which ordered the guardianship, the county department
				  designated under s.
				  55.02(2),
				  Stats., and all agencies or persons serving the ward in writing at least 30
				  days before the corporation closes.
(2) The corporate guardian shall remain
				  responsible for each ward until a successor guardian is appointed by the
				  court.
(3) The corporate guardian
				  shall transfer the original records of its wards to the successor guardian
				  appointed by the court.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 85 - Non-Profit Corporations And Unincorporated Associations As Guardians › Subchapter III - Personnel › Section DHS 85.09 - Staff

Current through June 24, 2024
(1) GUARDIANSHIP PROGRAM MANAGER.
(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 equivalent and have at least 3 years of
				  relevant experience.
(c) The
				  guardianship program manager shall be responsible for the ongoing training and
				  competency of all employees.
(d)
				  Any change of guardianship program manager shall be communicated to the
				  department and the county department designated under s.
				  55.02(2),
				  Stats., within 14 days following the effective date of the change.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 85 - Non-Profit Corporations And Unincorporated Associations As Guardians › Subchapter III - Personnel › Section DHS 85.10 - Training

Current through June 24, 2024
(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
				  property.
(c) Ward's rights and
				  grievance procedures contained in chs. 54 and 55, Stats., s.
				  DHS
				  85.13, and ch. DHS 94.
(d) Information regarding the needs and
				  services for each ward for whom the guardian representative is
				  responsible.
(e) Information about
				  local resources available to meet the needs of wards.
(f) Agency policies and procedures.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 85 - Non-Profit Corporations And Unincorporated Associations As Guardians › Subchapter III - Personnel › Section DHS 85.11 - Staffing

Current through June 24, 2024
(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 representative shall be
				  accessible to the ward and to other persons concerned about the ward's
				  well-being.
(3) The corporate
				  guardian shall have staff available at all times to respond to an emergency
				  situation as defined in s.
				  DHS
				  94.02(14).
(4) The corporate guardian shall have staff
				  accessible to the local planning agency or interagency mechanism designated
				  under s.
				  55.02,
				  Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 85 - Non-Profit Corporations And Unincorporated Associations As Guardians › Subchapter III - Personnel › Section DHS 85.12 - Conflict of interest

Current through June 24, 2024
(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 the guardianship program.
(3) Pursuant to s.
				  55.03(1),
				  Stats., a guardian may not be a provider of protective services or protective
				  placement for its ward.
(4) No
				  corporate guardian may accept a guardianship from a court in a county in which
				  a member of the corporate guardian's board of directors or any employee or
				  volunteer of the corporate guardian is a member or employee of the community
				  board organized under s.
				  46.23,
				  51.42
				  or
				  51.437,
				  Stats., or an employee of the county department of social services or human
				  services or community programs or county board of supervisors or department of
				  aging or a county court commissioner who hears petitions for guardianship or a
				  member of a medicaid managed care organization.
(5) A corporate guardian may not profit from
				  their ward.
(6) The guardian may
				  not commingle personal or corporate funds with the funds of the ward. The
				  guardian may consolidate and maintain wards' funds in accounts with other
				  wards' funds if the guardian keeps separate and complete accounting of each
				  ward's funds.
(7) Pursuant to s.
				  54.18(3)
				  (b), Stats., the corporate guardian may not
				  lend funds of the ward to another individual or to an entity, unless the court
				  first approves the terms, rate of interest, and any requirement for
				  security.
(8) The corporate
				  guardian may not engage in any financial transaction involving the ward's
				  estate except as permitted under ch. 54, Stats., and this chapter.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 85 - Non-Profit Corporations And Unincorporated Associations As Guardians › Subchapter IV - Ward Services › Section DHS 85.13 - Rights of wards

Current through June 24, 2024
(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, neglect
				  and misappropriation of property.
(c) Confidentiality of health and personal
				  information and records, except to the extent the corporate guardian may be
				  authorized under the guardianship order to give informed consent to
				  disclosure.
(d) Be informed of the
				  services provided by the corporate guardian agency.
(e) Be consulted about decisions on the
				  ward's behalf, to the extent the ward is capable.
(f) Have guardianship services provided in a
				  way that is least restrictive as defined in s.
				  54.01 (18),
				  Stats.
(g) Communicate freely with
				  the advocates of the ward's choice.
(h) File a grievance or a complaint without
				  retaliation.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 85 - Non-Profit Corporations And Unincorporated Associations As Guardians › Subchapter IV - Ward Services › Section DHS 85.14 - Duties

Current through June 24, 2024
(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) Explain the
				  guardianship determination and order including the rights addressed by the
				  court. The guardian representative shall be familiar with the provisions of the
				  court order as they relate to limitations on the rights of the ward and those
				  rights which are retained. The guardian representative shall explain to the
				  ward the provisions of the court order as they relate to limitations on the
				  rights of the ward and those rights which are retained.
(c) Explain the applicable rights of the ward
				  contained in ss. 54.18 (1),
				  54.25 (2),
				  54.42 and
				  55.10 (4),
				  Stats., s.
				  DHS
				  85.13 and the rules of the residence.
(d) Explain how to file a grievance and how
				  to obtain a written copy of the grievance procedures for the living arrangement
				  or for a service provider and the guardianship program.
(e) Explain how to file a complaint with the
				  department and provide the ward with the department's toll-free complaint
				  telephone number and the address and telephone number of the department's
				  division of quality assurance.
Note:
A complaint may be filed by writing the
					 Division of Quality Assurance, P.O. Box 2969, Madison, Wisconsin 53701-2969 or
					 by calling the department's toll-free complaint line at 1-800-642-6552 or by
					 filing a complaint at
https://www.surveygizmo.com/s3/4488026/DQA-Complaint-Intake-Survey
.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 85 - Non-Profit Corporations And Unincorporated Associations As Guardians › Subchapter IV - Ward Services › Section DHS 85.15 - Records

Current through June 24, 2024
(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 maintain information regarding the ward's medical coverage,
				  physician, diagnoses, medications, and allergies to medications.
(b) A current photograph of the
				  ward.
(c) All relevant legal
				  documents involving the ward.
(d)
				  Advance directives.
(e) A list of
				  key contacts.
(f) A list of service
				  providers, contact information, a description of services provided to the ward
				  and progress reports as applicable.
(g) Documentation of all ward and collateral
				  contacts, including the date, time, and activity.
(h) Progress notes that are as detailed as
				  necessary to reflect contacts made and work done regarding the ward.
(i) A guardianship inventory, accounts and
				  annual reports as required by statute, including all supporting financial
				  statements, records and financial reports.
(j) Assessments regarding the ward's past and
				  present medical, psychological, and social functioning, including relevant
				  family medical information.
(k)
				  Documentation of the ward's known values, preferences, and wishes regarding
				  medical and other care and services including all advanced directives made
				  prior to guardianship, and financial matters and other services.
(L) A personal and social history of the ward
				  including a family history.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 85 - Non-Profit Corporations And Unincorporated Associations As Guardians › Subchapter V - Withdrawal of Approval › Section DHS 85.16 - Actions affecting approval

Current through June 24, 2024
(1) If at any time
				  the department determines that a corporate guardian no longer meets the
				  criteria under this chapter, the department may withdraw its approval upon 30
				  day written notice to all of the following:
(a) Corporate guardian.
(b) All courts that assigned the corporate
				  guardian's guardianships.
(c) The
				  ward.
(d) The ward's
				  family.
(e) Any other interested
				  parties.
(f) The county department
				  designated under s.
				  55.02,
				  Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 85 - Non-Profit Corporations And Unincorporated Associations As Guardians › Subchapter V - Withdrawal of Approval › Section DHS 85.17 - Appeal of decisions

Current through June 24, 2024
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 division of hearings and appeals under
					 ss.
					 227.42
					 and
					 227.44
					 to
					 227.50,
					 Stats. The request for a hearing shall be filed with the department of
					 administration's division of hearings and appeals within 10 working days after
					 receipt of the notice of denial. The request for hearing is considered filed
					 when the request is received by that division.
To appeal a decision by the department, send a request
						for a hearing to Division of Hearings and Appeals, P. O. Box 7875, Madison, WI
						53707.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 86 - Appealing independent professional review determinations at the state centers for the developmentally disabled › Section DHS 86.01 - Authority and purpose

Current through June 24, 2024
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 developmentally disabled
				  appropriate for community care and which result in billings to a
				  county.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 86 - Appealing independent professional review determinations at the state centers for the developmentally disabled › Section DHS 86.03 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"County agency" 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.
				51.437(4g)
				(b), Stats., the county board of supervisors
				has transferred the powers and duties of the county department of developmental
				disabilities services to the county department under s.
				51.42,
				Stats.
(c) A county department of
				human services established under s.
				46.23,
				Stats.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 86 - Appealing independent professional review determinations at the state centers for the developmentally disabled › Section DHS 86.04 - Appeal

Current through June 24, 2024
(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 date of the
				written notice under sub. (1) that a center resident is a person appropriate
				for community care, the county agency may appeal the determination of the
				independent professional review team to the secretary. The appeal shall
				document in writing the reasons for the county agency's disagreement with the
				decision of the independent professional review team.
(3) Within 45 days of receipt of a written
				appeal from a county agency, the secretary shall rule on the appeal and
				communicate in writing a decision to the county agency. The secretary's
				decision is the final administrative decision.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 86 - Appealing independent professional review determinations at the state centers for the developmentally disabled › Section DHS 86.05 - Billing

Current through June 24, 2024
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, effective 180
				  days following the date of the written notice under s.
				  DHS
				  86.04(1), except that on written
				  request of a county agency the department may delay the effective date of the
				  10% charge up to 60 days for a resident whose plan for community services has
				  been approved by the department but is awaiting implementation. Payment is due
				  from the county agency within 60 days of the billing date, subject to
				  provisions of the contract between the department and the county
				  agency.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 88 - Licensed Adult Family Homes › Section DHS 88.01 - Authority, purpose and scope

Current through June 24, 2024
(1) AUTHORITY AND
				PURPOSE.. This chapter is promulgated under the authority of ss.
				50.02(2) (am)
				2 and
				50.033(2),
				Stats., to establish licensing standards for the operation of adult family
				homes in order to protect and promote the health, safety and welfare of persons
				residing in and receiving care and maintenance in these homes.
(2) SCOPE.
(a)
Applicability.
This
				chapter applies to the department, county licensing agencies, adult family home
				license applicants and licensees, and service providers.
(b)
Exception to a
				requirement.
The licensing agency may grant an exception to any
				requirement in this chapter except a resident right under s.
				DHS
				88.10 if the licensee requests the exception in
				writing on a form provided by the department and presents a convincing argument
				that the proposed exception will not jeopardize the health, safety or welfare
				of residents or violate the rights of residents. The licensing agency shall
				respond in writing to the request within 45 days after receiving it. An
				exception may be granted only when it would not adversely affect the ability of
				the licensee to meet the residents' needs and if the exception will not
				jeopardize the health, safety or welfare of residents or violate the rights of
				residents. The licensing agency may impose conditions or time limitations on an
				exception. Violation of a condition under which the exception is granted
				constitutes a violation of this chapter.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 88 - Licensed Adult Family Homes › Section DHS 88.02 - Definitions

Current through June 24, 2024
In this chapter:
(1)
				"Abuse" 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) "Accessible" means the absence of
				barriers that would prevent a person who is semiambulatory or nonambulatory or
				has a functional limitation caused by impairment of sight, hearing,
				coordination or perception from entering, leaving or functioning within an
				adult family home without physical help.
(3) "Activities of daily living" means:
(a) Activities relating to the performance of
				self-care and engaging in leisure or recreational activities. "Self-care"
				includes dressing, eating, bathing, grooming, toileting, mobility, object
				manipulation, ambulation and rest.
(b) Activities relating to home and household
				management, including preparing meals, shopping and chores, personal
				housekeeping, using the telephone, managing one's personal finances, and health
				care activities including taking medicine, applying or changing dressings and
				using a medical device.
(c)
				Activities involving movement about in one's community, for purposes that
				include getting to and participating in vocational, recreational and social
				activities in the community with other members of the community.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 88 - Licensed Adult Family Homes › Section DHS 88.03 - Licensing administration

Current through June 24, 2024
(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.
(a) Application for a license shall be made
				on a department-approved form available from the licensing agency.
Note: To obtain a copy of the application form, contact the
				  county agency in which the home is located or write or phone the appropriate
				  regional office of the Department's Division of Disability and Elder Services.
				  See Appendix A for addresses and phone numbers of the Division of Disability
				  and Elder Services regional offices.
(b)
1.
				Before an applicant may be licensed to operate an adult family home, the
				applicant shall submit to the licensing agency a completed and signed
				application form, the program statement described under subd. 2., the licensure
				fee required under s.
				50.033(2),
				Stats., and a check or money order in an amount sufficient to cover the fees
				for conducting the criminal records check required under sub. (3)
				(b).
2. A home's program statement
				shall describe the number and types of individuals the applicant is willing to
				accept into the home and whether the home is accessible to individuals with
				mobility problems. It shall also provide a brief description of the home, its
				location, the services available, who provides them and community resources
				available to residents who live within the home. A home shall follow its
				program statement. If a home makes any change in its program, the home shall
				revise its program statement and submit it to the licensing agency for approval
				30 days before implementing the change.
(c) An applicant requesting a license shall
				provide any additional information requested by the licensing agency that may
				assist the agency in evaluating the applicant or licensee's character or
				qualifications. In assessing character and qualifications, the licensing agency
				may consider evidence of abuse or fraud, substantial or repeated violations of
				applicable or related statutes and rules in the licensee's operation of or
				employment in any service or facility serving adults or children or in the
				licensee's care of dependent persons, or a conviction or a pending criminal
				charge for a crime substantially related to caring for a dependent population
				or the funds or property of adults or minors or activities of the adult family
				home.
(d) If a home is to be
				licensed as an adult family home and the home is also licensed as a children's
				foster home under ch. DCF 56, the combined licensed bed capacity shall not
				exceed 4.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 88 - Licensed Adult Family Homes › Section DHS 88.04 - Licensee and service provider

Current through June 24, 2024
(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 age.
(c) The licensee and
				service provider shall be persons who are responsible, mature and of reputable
				character and who exercise and display the capacity to successfully provide
				care for 3 or 4 unrelated adult residents as identified in the home's program
				statement.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 88 - Licensed Adult Family Homes › Section DHS 88.05 - Home

Current through June 24, 2024
(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 that
				residents receive the assistance necessary to enable them to get to those
				activities and services. The home shall be located in a residential area which
				is typical of residential areas in that community.
(2) RESIDENT ACCESS TO THE HOME AND WITHIN
				THE HOME. An adult family home shall be physically accessible to all residents
				of the home. Residents shall be able to easily enter and exit the home, to
				easily get to their sleeping rooms, a bathroom, the kitchen and all common
				living areas in the home, and to easily move about in the home. Additional
				accessibility features shall be provided as follows, if needed to accommodate
				the physical limitations of a resident or if specified in the resident's
				individual service plan:
(a) If a resident is
				not able to walk at all or able to walk only with difficulty, or only with the
				assistance of crutches, a cane, or walker or is unable to easily negotiate
				stairs without assistance:
1. The exits from
				the home shall be ramped to grade with a hard surfaced pathway with
				handrails.
2. All entrance and exit
				doors and interior doors serving all common living areas and all bathrooms and
				bedrooms used by a resident not able to walk at all shall have a clear opening
				of at least 32 inches.
3. Toilet
				and bathing facilities used by a resident not able to walk at all shall have
				enough space to provide a turning radius for the resident's wheelchair and
				provide accessibility appropriate to the resident's needs.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 88 - Licensed Adult Family Homes › Section DHS 88.06 - Placement

Current through June 24, 2024
(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
				chapter.
2. The amount, possible
				sources and acceptable methods of payment for providing care and maintenance to
				a resident of the home, specifying any costs for which the resident will be
				liable.
3. A description of the
				roles, responsibility and expectations of all parties involved in providing
				services. This shall include reviewing the content of the home's program
				statement and describing any personal housekeeping the resident will be
				requested to perform. A resident shall be allowed to refuse to perform this
				work and any other work for the home.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 88 - Licensed Adult Family Homes › Section DHS 88.07 - Resident care

Current through June 24, 2024
(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 take
				a resident's preferences, choices and status as an adult into consideration
				while providing care, supervision and training.
(c) The licensee shall plan activities and
				services with the residents to accommodate individual resident needs and
				preferences and shall provide opportunities for each resident to participate in
				cultural, religious, political, social and intellectual activities within the
				home and community. A resident may not be compelled to participate in these
				activities.
(d) The licensee shall
				allow a resident to participate in all activities that the resident selects
				unless contrary to the resident's individualized service plan or the home's
				program statement.
(e) The licensee
				shall arrange for a service provider to be present in the home when the
				licensee is gone overnight or when the licensee's absence prevents the resident
				from receiving the services, training or supervision specified in the
				resident's individual service plan under s.
				DHS
				88.06(3).
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 88 - Licensed Adult Family Homes › Section DHS 88.08 - Termination of placement

Current through June 24, 2024
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. The termination of a placement shall be consistent
				  with the service agreement under s.
				  DHS
				  88.06(2) (c) 7. The 30 day notice is
				  not required for an emergency termination necessary to prevent harm to the
				  resident or other household members.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 88 - Licensed Adult Family Homes › Section DHS 88.11 - Reporting of abuse and neglect

Current through June 24, 2024
(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
				this subsection does not relieve the licensee or other person of the obligation
				to report an incident to law enforcement authorities. If the licensee has
				reason to believe that a crime has been committed, the incident shall
				immediately be reported to law enforcement authorities.
(2) The licensing agency shall immediately
				contact the resident's guardian, if any, placing agency, if any, service
				coordinator, if any, and designated representative, if any, regarding any
				occurrence or suspected occurrence under sub. (1).
(3) As soon as possible after being contacted
				under sub. (1) the licensing agency shall undertake an investigation of the
				reported abuse or neglect.
(4) If
				the licensing agency is a county agency and may have a conflict of interest,
				the licensing agency may enter into an agreement with another agency under s.
				46.215,
				46.22,
				46.23,
				51.42
				or
				51.437,
				Stats., to perform an independent investigation. The investigating county
				agency shall comply with the same confidentiality requirements as required of
				the licensing agency.
(5) After the
				investigating agency has completed its investigation, the investigating agency
				shall notify the parties identified in sub. (2) of its findings and shall, in
				addition, notify the following agencies if the report of abuse or neglect has
				been substantiated:
(a) The licensing agency,
				if different.
(b) Any agency that
				placed a current resident in the home.
(c) A county agency in the county where the
				adult family home is located if the licensing agency is the
				department.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter I - General Provisions › Section DHS 89.11 - Authority and purpose

Current through June 24, 2024
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 in and receiving services from those
					 facilities. This chapter is intended to ensure that all residential care
					 apartment complexes provide each tenant with an independent apartment in a
					 setting that is home-like and residential in character; make available
					 personal, supportive and nursing services that are appropriate to the needs,
					 abilities and preferences of individual tenants; and operate in a manner that
					 protects tenants' rights, respects tenant privacy, enhances tenant
					 self-reliance and supports tenant autonomy in decision-making including the
					 right to accept risk.
Before September 6, 1997, residential care apartment
						complexes were called "assisted living facilities." The name change was made by
						1997 Wisconsin Act 13.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter I - General Provisions › Section DHS 89.12 - Applicability

Current through June 24, 2024
(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 for the elderly.
Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter I - General Provisions › Section DHS 89.15 - Limitation on use of name "residential care apartment complex"

Current through June 24, 2024
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 complex or use
					 the words "residential care apartment complex" to represent or tend to
					 represent the entity as a residential care apartment complex or services
					 provided by the entity as services provided by a residential care apartment
					 complex.