Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 88 - Licensed Adult Family Homes › Section DHS 88.09 - Records

Current through June 24, 2024
(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 a resident's HIV test results shall be
				controlled by s.
				252.15,
				Stats. Access to other resident records shall be restricted to the following:
				the resident, the resident's guardian, authorized representatives of the
				department, other persons or agencies with the informed written consent of the
				resident or resident's guardian, if applicable, persons or agencies authorized
				by s.
				51.30, Stats., ss.
				146.81
				to
				146.83,
				Stats., or 42 CFR Part 2, and persons or agencies authorized by other
				applicable law.
Note: Section
				  51.30(4) (b)
				  5 and 15., Stats., permits sharing of limited
				  information in certain circumstances between the department and a county
				  department established under s.
				  46.215,
				  46.22,
				  46.23,
				  51.42
				  or
				  51.437,
				  Stats.
Note: For information on 42 CFR Part 2 which relates to a
				  resident who is in the home because of alcohol or other drug abuse, write or
				  phone the appropriate regional office of the department's division of
				  disability and elder services which will refer you to the appropriate county
				  agency in your county. See Appendix A for the addresses and phone numbers of
				  these offices.
Note: The records of residents with mental disabilities are
				  subject to requirements of s.
				  51.30, Stats., and ch.
				  DHS 92.
(c) Copies of a
				resident's record shall be made available on request to the resident, the
				resident's guardian or a designated representative of the resident as soon as
				reasonably practicable if authorized in writing by the resident, at a cost no
				greater than the cost of reproduction.
(d) A resident's record shall include all of
				the following:
1. The resident's name and date
				of birth.
2. The name, address, and
				phone number of the resident's legal guardian, if any.
3. The name, address and phone number of
				every person, including the resident's physician, to be notified in the event
				of an emergency.
4. The name,
				address and phone number of the placing agency, if any, and service
				coordinator, if any.
5. Medical
				insurance or medical assistance and medicare identification numbers and the
				name of the pharmacy that the resident uses. In this subdivision, "medical
				assistance" means the assistance program operated by the department under ss.
				49.43 to
				49.497,
				Stats., and "medicare" means the insurance program operated by the U.S.
				department of health and human services under
				42 USC
				1395 to 1395.22 and 42 CFR, Pts. 405 to
				421.
6. The service agreement
				required under s.
				DHS
				88.06(2) (b) and (c).
7. The report of the medical examination
				required under s.
				DHS
				88.06(2) (a).
8. The individual service plan required under
				s.
				DHS
				88.06(3).
9. The statement indicating that resident
				rights and grievance procedures have been explained and copies have been
				provided to the parties as required under s.
				DHS
				88.06(2) (c) 8.
10. Medication records under s.
				DHS
				88.07(3) (d) and (e).
11. Records maintained by the licensee of the
				resident's finances, including written authorization from the resident or the
				resident's guardian to control the resident's funds.
(e) The licensee shall retain a resident's
				record for at least 7 years after the resident's discharge. The record shall be
				kept in a secure, dry place.