Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 89 - Residential Care Apartment Complexes › Subchapter III - Tenant Rights › Section DHS 89.34 - Rights of tenants

Current through June 24, 2024
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 applicable statute, rule or regulation. Tenant
					 rights are all of the following:
(1)
				  COURTESY AND RESPECT. To be treated with courtesy, respect and full recognition
				  of the tenant's dignity and individuality by all employees of the facility and
				  all employees of service providers under contract to the facility.
(2) PRIVACY. To have privacy in his or her
				  independent apartment and when receiving supportive, personal or nursing
				  services.
(3) SELF-DIRECTION. To
				  make reasonable decisions relating to activities, daily routines, use of
				  personal space, how to spend one's time and other aspects of life in the
				  residential care apartment complex.
(4) MANAGEMENT OF FINANCIAL AFFAIRS. To
				  manage his or her own financial affairs unless the tenant delegates, in
				  writing, responsibility for financial management to someone of the tenant's
				  choosing or the tenant is adjudicated incompetent, in which case the guardian
				  shall be responsible.
(5) SERVICE
				  CHOICE. To choose which services are included in the service agreement,
				  including the right to refuse services provided that the refusal would not
				  endanger the health or safety of the other tenants.
(6) CHOICE OF HEALTH CARE PROVIDERS. To the
				  facility's noninterference with the tenant's choice of his or her physician and
				  providers of other medical, mental health and pharmaceutical services. A tenant
				  shall not be required to use medical, mental health or pharmaceutical providers
				  who are employed by or affiliated with the facility or to whom the tenant is
				  referred by facility staff. A tenant's choice of providers of supportive,
				  personal and nursing services from providers other than the residential care
				  apartment complex is subject to the requirements of s.
				  DHS 89.24 (2)
				  (b).
(7) FURNISHINGS AND POSSESSIONS. To furnish
				  his or her independent apartment and to maintain personal possessions as space
				  permits as long as the tenant does not unreasonably interfere with the other
				  tenants' choices or endanger the health or safety of the other
				  tenants.
(8) ASSOCIATION. To
				  receive visitors, meet with groups or participate in activities of the tenant's
				  choice, including organizing and participating in tenant or family councils or
				  groups provided that the health or safety of the other tenants is not
				  endangered.
(9) MAIL. To receive
				  and send sealed, unopened mail, including packages. The residential care
				  apartment complex shall give mail to tenants on the day it is received or as
				  soon as possible thereafter.
(10)
				  TELEPHONE. To have a private telephone properly installed in his or her
				  independent apartment.
(11)
				  RELIGION. No tenant may be required to engage in any religious
				  activity.
(12) CONFIDENTIALITY OF
				  RECORDS. To have his or her medical, personal and financial records kept
				  confidential consistent with all applicable federal and state statutes, rules
				  and regulations. For the purposes of registration, certification and
				  administration, staff of the residential care apartment complex, the
				  department, and any county department or aging unit designated to administer
				  the medicaid waiver for those tenants whose services are paid for under s.
				  46.277, Stats., shall have
				  access to a tenant's records without the tenant's consent, but may not disclose
				  the information except as permitted by law.
(13) ACCESS TO RECORDS. A tenant or tenant's
				  designated representative may inspect, copy and challenge the accuracy of the
				  tenant's records.
(14) DISCLOSURE
				  OF PERSONAL INFORMATION. To have necessary discussion by facility employees
				  regarding one's physical, mental or medical condition, services, payment
				  sources and other personal affairs conducted discreetly, and to not have
				  facility employees, staff or any service provider under contract with the
				  facility indiscreetly disclosing personal information about oneself to other
				  tenants.
(15) RECEIPT OF SERVICES.
				  To receive services consistent with the service agreement and risk
				  agreement.
(16) MEDICATIONS. Except
				  as provided for in the service agreement or risk agreement, to have the
				  facility not interfere with the tenant's ability to manage his or her own
				  medications or, when the facility is managing the medications, to receive all
				  prescribed medications in the dosage and at the intervals prescribed by the
				  tenant's physician and to refuse a medication unless there is a court
				  order.
(17) SAFE ENVIRONMENT. To a
				  safe environment in which to live.
(18) FREEDOM FROM ABUSE. To be free from
				  physical, sexual or emotional abuse, neglect or financial exploitation or
				  misappropriation of property by the facility, its staff or any service provider
				  under contract with the facility.